HomeMy WebLinkAbout91-109 91-4355 ~
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~ COUNTY OF BUTTE, STATE OF CALIFORNIA
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t'+;' COU~'~«~ Resolufion No. g1-1o9
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RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION
OF ZONE FOR BETTY SIMPSON AND NIKKI DUPLISEA
BE IT RESOLVED AND ORDERED that the Chairman of the Board of
Supervisors be and is hereby authorized and directed to execute an agreement on behalf of the
County of Butte relating to reclassification of zoning with:
Betty Simpson & Nikki Duplisea
and to do and perform everything necessary to carry out the purpose of this resolution.
PASSED AND ADOPTED by the Butte County Board of Supervisors on the 17th
day of September 1991, by the following vote:
AYES: Supervisors P1cInturf, McLaughlin, Houx, Fulton and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
Jane'
Butte
ATTEST: WILLIAM H. OLP]
Officer and Clerk of
By e ,
aunty Board of Supervisors
Chief Administrative
91--0434'.a.~
Recorded
Official Records
County of
Butte
Cgndace J. Grubbs
Recorder
8:34am 14-Oct-91
Total . 00
XX 5
9l-~3~~5
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT made this I7th day of Sept , 1981 , by and between "First
Party", as identified in item (a) of Exhibit 1 of this Agreement, and the COUNTY OF BUTTE,
a political subdivision of the State of California, herein tailed "Second Party".
WITNESSETH~
WHEREAS, First Party is the owner of real property, herein called the "Property",
situated in the County of Butte, which Property is described in Item (f) of Exhibit I of this
Agreement; and
WHEREAS, the Property is now zoned as specified in Item (b) of Exhibit 1; and
WHEREAS, First Party has applied for a reclassification of zoning of the Property
pursuant to which application the Property is being reclassified from its present classification to
the classification or classifications specified in Item (c) of Exhibit l; and
WHEREAS, public hearings have been held upon said application before the Board
of Supervisors of the County of Butte, State of California, and after having considered the matter
presented, it has been determined that certain conditions to the zoning reclassification of said real
property must be unposed so as not to create any problems inimical to the health, safety and the
general welfare of the County of Butte.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that
inasmuch as the reclassification specified in Item (c) of Exhibit 1 is being granted, the said
reclassification shall be subject to the conditions specified in the following paragraphs:
1. That Exhibit 1, as completed and attached hereto, is incorporated into and
made a part of this Agreement with the same force and effect as if fully set forth herein.
2. That First Parry shall construct and comply with all the following conditions:
2a. The C-2 zoning classification is restricted to the G1 uses except for the
following uses: art shops, aviaries, bars/cocktail lounges, used car lots, and
pet shops. Such restrictions are proposed to reduce the exposure of people
to seismic risks that are associated with the Cleveland Hills Fault Zone
underlying the project site.
2b. Prior to any new commercial development on A.P Ob9-520-04$ a traffic study
shall be required and coordinated with the California Department of
Transportation.
2c. Pay traffic impact fees if applicable.
2d. Applicant must also comply with all other applicable State and local statutes,
ordinances, and regulations.
~ ~ -~+355
EXHIBIT 1
Agreement
(a) "First Parry", as used in this Agreement, includes each and all of the following:
(b} The property is now zoned: C-1
(c) The zoning reclassification of the property is from its present zoning to: C-2
(d} Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Betty
Simpson/Nikki Duplisea, 1.135 Katella Street, Iaguna Beach, CA 92651.
(e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: C-2
(~ "Property", as used in this Agreement, includes:
Parcel one as shown on that certain Parcel Map recorded in the Butte County Recorder's
Office in Book 49 of Maps at Page 43 more particularly described as follows:
Beginning at the NW corner of said Parcel 1, thence S 77 degrees 22' 31" E along the N
line of said Parcel 1, 766.21 ft.; thence southerly along the easterly line of said Parcel 1,
S 40 degrees 37' 14" E, 72.49 ft.; thence S 06 degrees 32' S3" E, 109A0 ft.; thence S 00
degrees 26' 21" E, 203.99 ft. to the SE corner of said Parcel 1; thence N 77 degrees 22'
31" W along the southerly line of said Parcel 1, 827.65 ft. to the SW corner of said Parcel
1; thence N 00 degrees 11' 59" W along the W line of said Parcel 1, 353.87 ft. to the
point of beginning and the end of this description.
Containing 6.50 acres more or less.
The Basis of Bearings for this description is the same as shown on said Parcel Map 49
M 43.
yr ~J~J.3
3. In ~ the event First Party, any successor in interest o£ First Party, or any person
in possession of the property described in Item {f) of Exhibit I violates or fails to perform any
of the conditions of this Agreement within thirty (30) days after notice thereof as provided in
Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of
Second Party to institute legal proceedings to enforce the provisions of this Agreement. The
Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the
classification specified in Item (b) of Exhibit I or any other suitable classification.
4. Notice of violation of provisions of this Agreement shall be sent to First
Party at the address specific in Item {d) of Exhibit 1 and to the street address of the property
described in Item (d) of Exhibit 1. Any subsequent title holder, any lien holder, or party in
possession of the property shall also receive notice of such violation at an address other than as
specified in Item (d} of Exhibit 1 by filing with the Clerk of the Board of Supervisors of Second
Pazty the address to which the notice is to be sent, vvi'ih reference to this Agreernert and the
REsolution authorizing its execution.
5. In the event suit is brought by the County Counsel of Second Party to
enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a
reasonable sum to be fixed by the Court as attorney's fees.
6. Each and every one of the provisions of this agreement herein contained shall
ind and insure to the benefit of the successor in interest of each and every party hereto, in the
same manner as if they had herein been expressly named.
IN WI1`NESS WHEREOF, the parties hereto have executed this Agreement the day
Viand year first above written.
COUNTY OF BUTTE, a political
subdivision of the State of California
ATTEST:
Clerk of the Board of
Supervisors
of the Board cf
- 91-43455
3. In ~ the event First Party, any successor in interest of First Party, or any person
in possession of the property described in Item {f) o£ Exhibit I violates or fails to perform any
o£ the conditions of this Agreement within thirty {30) days after notice thereof as provided in
Paragraph 5, the Board of Supervisors of Second Party may instruct the County Counsel of
Second Party to institute legal proceedings to enforce the provisions of this Agreement, The
Board of Supervisors of Second Party may also initiate proceedings to rezone the property to the
classification specified in Item {b) of Exhibit I or any other suitable classification.
4. Notice of violation of provisions of this Agreement shall be sent to First
Party at the address specific in Item (d) of Exhibit 1 and to the street address of the property
described in Item {d) of Exhibit 1. Any subsequent title holder, any lien holder, or party in
possession of the property shall also receive notice of such violation at an address other than as
specified in Item (d) of Exhibit 1 by filing with the Clerk of the Board of Supervisors of Second
Party the address to which the notice is to be sent, wish reference to this Agreement and the
REsolution authorizing its execution.
5. In the event suit is brought by the County Counsel of Second Party to
enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a
reasonable sum to be fixed by the Court as attorney's fees.
5. Each and every one of the provisions of this agreement herein contained shall
ind and insure to the benefit of the successor in interest of each a nr~ P~rP.~, „~-~-- '- - - - ~ -
same manner as if they hart HAY°;-- L - - ~ ~ w fl ~ ~-
ACKNOWLEDGMENT EXECUTED BY A Cavil Code PSe~cti-an 7-T~T)
AGENCY OR POLITICAL SUBDIVISION
STATE OF CALTFORNTA~ SS.
COUNTY OF BUTTE ) before me personally
On this 10th day of October, 1991, erson who
ersonally known to me to be the pgoard of
appeared Jane Dolan, P Chair, Butte County
executed this instrument as to me that she executed said
Supervisors, and acknowledged of Otte.
instrument on behalf of the County ,
pFFICiAL SEAL ~ t Notary Publ~-C
~P` ° ' Roach,
'.~;~~ra " CAROL ROACH Carol
~aa ..~~;e NdTARY PUBI-IC - CALIFORNIA
. o BUTT£ C^uL'i~TY
r ~.,~;a,•~ My comm. expires Al3G 7, 1992 v~~ ,~ T l~~f
\.
~~''-'-Secand~ arty"
ATTEST:
Clerk of the Board of
Supervisors