HomeMy WebLinkAbout91-142RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION
OF ZONE FOR GLEN BIGGERS
BE IT RESOLVED AND ORDERED that the Chair 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:
GLEN BIGGERS
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 5th day of November, 1991, by the following
vote:
AYES; Supervisors Fulton, Houx, &G'L' C'i~~ir GOidi7
NOES : 5~pervi sor N1cLaugh] i n
ABSENT: Supervisor Mclnturf
NOT VOTING: None
~ C~uv, ~q:na~r
tte ounty Board of supervisors
ATTEST:
WILLIAM H. RANDO H, ChieP~Adm-~.`i-istrative Officer
and C erk of th Bard of Supervisors
By:
9 i -Cr~7889
Recorded
Official Records
County of
Butte
Candace J. Grubbs
Recorder
8:O2am 18-Nov-91
Total
.oQ
CD 8
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EXHIBIT 1
Agreement
(a) "First Party", as used in this Agreement, includes each and all of the following: Glen
Biggers
(b} The praperiy is now zoned: "U" (Unclassified)
(c} The zoning reclassification of the property is from its present zoning to: TM-2, TM-3,
TM-5, and H-C.
(d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Glen Biggers,
# 1 Piedmont Circle, Chico, CA 95926
(e) The change in zoning classification pursuant to Paragraph No. 3 shall be to: "U"
(Unclassified}
(f) "Property", as used in this Agreement, includes:
TM-2:
A portion of the NE 1/4 of Sec. 29 and the W 1/2 of the W 1/2 of the NW 1/4 of Sec.
28, T26N, R4E, MDB&M, more particularly described as follows:
Commencing at the 1/4 corner common to Sections 20 & 29; thence along the N line of
Section 29, N 88 ° 45' 35" e 2686.96 ft. to the NE convex of Section 29; thence N 89 ° 10'
03" E, 669.69 ft. along the N line of Section 28; thence leaving said N line and S 1 ° 19'
11" E, 985.00 ft. to the true point of beginning; thence continuing S 1 ° 19' 11" E, 906.21
ft.; thence N 72 ° 05' 1S" W, 181.74 ft.; thence N 58 ° 26' S0" W; 73.58 ft. to a point in
the centerline of Butte Creek; thence along the centerline of Butte Creek, S 47 ° 40' 20"
W, 210.45 ft.; thence S 53 ° 56' 15" W, 190.00 ft.; thence N 4 ° 24' 40" W, 460.00 ft. to the
northerly right-of--way of Humboldt Road; thence along said right-of--way line N 72 ° 00'
00" W, 260.00 ft.; thence leaving said right-of-way line N 0 ° 52' 20" W, 460.00 ft.; thence
N 87 ° 00' 00" E, 290.00 ft.; thence N 89 ° 10' 03" E, 520A0 ft. more or less to the point
of beginning.
TM-3:
A portion of the NE 1/4 of Section 29, T26N, R4E, more particularly described as follows:
Commencing at the quarter corner common to Sections 20 & 29; thence along the N-S
centerline of said Section 29, S 1 ° 10' 20" E, $70.00 ft. more or less, to the point of
beginning; thence from point of beginning continuing along said N-S centerline S 1 ° 10'
20" E, 350.00 ft.; thence leaving said centerline and along the N line of the Davis Tract
1740.00 ft. more or less; thence leaving said N line N 0 ° 52' 20" W, 182A0 ft. ;thence
N 89 ° OT 40" E, $0.00 ft.; thence S 0 ° 52' 20" E, 182.00 ft. to a point on the N line of
e.r r 'rt t U t1 ~
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 WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
COUNTY OF BUTTE, a political
subdivision of the State of California
0 ~ 1991
yard tf
ATTEST:
Clerk of the Board of
' Supervisors
M... .
~~~ ~~~~
enforce any of the provisions of this Agreement, First Party agrees to pay to Second Party a
reasonable sum to be fined by the Court as attorney's fees.
b. 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 WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
. ~_
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personally appeared
to me on the
personally known to me (or proved
sa#isfactory evit€ence} to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/shelthey executed the same in hislherltheir authorized capacity(ies),
CE, a political
,e of California
--~~~ 0 5 1991
f the Board cf
and that by hislher/their signature(s) on the instrument the person{s} or the entity upon behalf of which the
person(s) acted, executed the instrument. at O^F^Fn 4I/CPiA/'(1L pES'7~~EA{r~(L
~.p r,,L11EX'•. n~]7 r/1~ 1\. M'ISf.i/~~l\
WITNESS my and and official seal. ~~ll _~ o "' ~107„RRY'fY`1PllBL{C-CALIFORNfA
~' BUTTE COUNTY
Signature 2 [rFORK~ My Comm. Expires Jan. 29,1993
(This area far official nptariaf seal)
ACKNOWLEDGMENT EXECUTED BY A PUBLIC CORPORATION
AGENCY, OR POLITICAL SUBDIVISION (Civil Code Section 1191)
STATE OF CALIFORNIA)
SS.
COUNTY OF BUTTE )
On this nth day of November, 199]., before me personally
appeared Jane Dolan, personally known to me to be the person who
executed this instrument as Chair, Butte County Board of
Supervisors, and acknowledged to me that she executed said
instrument on behalf of the County of tte.
t,.. ~ > OFFICIAI. SEAL `
¢` `fir 4 CAIROL ROACH
W cs '"`'„a NOTARY PUBLIC ~ CALIFORNSA
euTTE couNTY ~ Carol Roach, Notary Public
~~~ ~ ws tuiy comm. expires AUG 7, 19
STATE OF CALM=ORNIA }ss.
COUNTY OF }
si-~7sas a
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT made this 5th day of Nov . , 19 9 ]. , 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 called "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 T 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 ar 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 imposed 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 Party shall construct and comply with all the following conditions:
2a. StnYCtures shall be built to resist lateral movement as outlined in the
requirements of the Uniform Building Code for Seismic Zone 3. Mobile
homes shall be placed on permanent foundations.
2b. Structures shall not be built in the mountain meadow areas, close to the
banks of Butte Creek, on river terraces or the bluff north of the terraces.
These areas shall be delineated on all recorded parcel maps or subdivision
maps as "no-development" zones.
2c. A note shall be placed on the final subdivision map stating that any fill
developed during leveling of a site shall be compacted to 45% to discourage
lurching, slumping, and differential settling.
2d. Physical disturbance of the bluff north of Butte Creek shall be limited to
si-a~sss ,3
work that is absolutely necessary to provide erosion control or drainage
improvements as determined by the Butte County Public Works Department.
Any cuts or alterations shall be revegetated and protected physically from
stormwater erosion by straw, straw bales, or cobbles.
2e. The 100-year flood plain elevation shall be established by a licensed engineer
in accordance with FEMA requirements prior to recordation of the final
subdivision map. A note shall be placed on the final subdivision map stating
that the finished Hoar of any building must be at least 1 foot higher than this
established flood elevation.
2f. All existing definable drainage channels shall be mapped by the project
engineer and shall be preserved as drainage channels. Maintenance shall be
the responsibility of the homeowners' association.
2g. Existing drainage channels disrupted by development shall be replaced by
canals or pipes. Any new canals shall be lined with rock to prevent erosion.
2h. All areas of soil exposed for construction shall be covered by buildings,
paving, or with mulch {or similar material) before the onset of fall rains.
2i. Runoff from paved surfaces used for commercial parking shall be directed
through planted landscaped areas or into infiltration trenches, rather than be
directly conveyed to the creek in pipes or ditches. This will release
suspended particulates and reduce the impact upon Butte Creek.
2j. A 100-foot setback shall be established from the riparian zone along Butte
Creek, except where the vertical separation on Lots 22 and 25 provides an
adequate setback area. A 100-foot setback shall be established from the
edges of the two large meadows along the northern boundary, and a 50-foot
setback from the edge of the bluff north of Butte Creek. No residential
development shall be permitted in these setback areas, the riparian zone or
meadows. Setback lines shall be recorded on the deeds for each lot and
show on the final recorded map.
2k. The integrity of the two drainageways leading from the larger meadows
through Lots 1, 2, and 3 shall be maintained. Roadway crossings can be
allowed if the drainageways are protected by culverts.
21. Locus 1 as listed in the archaeological report shall either be shown as a "No
Development Zone" on the final map, or the developer may contract for
additional field work and literature review to establish the real historic value
of the site prior to tentative subdivision map approval.
2m. Should any subsurface cultural remains or artifacts be encountered during
construction activities an the site, work should be halted until a qualified
archaeologist has made a determination of their significance.
2n. A second emergency access route shall be provided to connect Lots 1 through
si-~~sss ~
7 and 10 through 1b with Humboldt Road. This shall be an all-weather road
on an easement farm a lot in the series 13 through 16, built to a road
standard to be determined by the Butte County Public Works Department
prior to acceptance of the final subdivision map.
20. The floating easement serving Lot 26 shall be defined on a specific, recorded
easement route.
2p. Vegetation removal shall be limited to that necessary for development and
compliance with adopted fire safety regulations.
2q. Roof materials shall be UL Class A or B.
2r. Roadside strips of 10 feet shall be cleared of brush and maintained as
cleared strips on all new roads .through the project.
2s. The pressurized water system shall be developed according to the design
prepared by the BC/CDF Fire Department.
2t. Construct all roads to County public road standards and offer them for
dedication to the County.
2u. Establish a County Service Area to address police and fire services covering
at least the project area.
2v. Establish a County Service area for snow removal services for the new roads
constructed by this project.
2w. Shaw the portion of Lot 22 east of Butte Creek as a "no-development" zone
and provide an access easement. Also designate the 100 foot no-development
setbacks along the creek as access easements.
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) of Exhibit I violates or fails to perform any
of the conditions of this Agreement within thirt,~ (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, with 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
-~~~t~~
said Davis Tract; thence along said N line N 89 ° 07' 40" E, 320.00 ft. to the NE corner
of Lot 12 of said Davis Tract; thence N 87 ° 00' 00" E, 710.00 ft.; thence N 1 ° 19' 11" W
350.00 ft.; thence westerly and parallel with the N line of said Davis Tract 2830.00 ft. more
or less, to the paint of beginning.
TM-5:
A portion of the NE 1/4 of Section 29 and the W 1/2 of the W 1/2 of the NW 1/4 of
Section 28, T26N, R4E MDB&M more particularly described as follows:
Beginning at the 1/4 corner common to Sections 20 & 29; thence along the N line of
Section 29, N 88 ° 45; 35" E, 2686.96 ft. to the NE corner of Section 29; thence N 89 °
10; 03" E, 669.69 ft. along the N line of Section 28; thence leaving said N line and 5 1 °
19' 11" E 985.00 ft.; thence S 89 ° 10' 03: W, 520.00 ft.; thence N 1 ° 19' 11" W, 350.00
ft.; thence westerly and parallel with the N line of the Davis Tract, 2830.00 ft. more or
less to the N-S centerline of Section 29; thence N 1 ° 10' 20" W, 870.00 ft. more or less
to the N 1/4 of Section 29 and the point of beginning.
Commencing at the 1/4 corner common to Sections 20 & 29; thence along the N line of
Section 29, N 88 ° 45' 35" E, 2686.96 ft. to the NE corner of Section 29; thence N 89 ° 10'
03" E, 669.69 ft. along the N line of Section 28; thence leaving said N line and S 1 ° 19'
11" E, 1891.32 ft.; thence N 72 ° OS' 1S" W, 181.74 ft.; thence N S3 ° 26' S0" W, 73.58 ft.
to a paint in the centerline of Butte Creek; thence along the centerline of Butte Creek,
S 47 ° 40' 20" W, 210.45 ft.; thence S 53 ° 56' 15" W, 190.00 ft. to the point of beginning;
thence continuing along said centerline S 148.00 ft.; thence S 71 ° 10' 40" W, $90.00 ft.;
thence S 74 ° 38' 45" W, 253.00 ft.; thence S 87 ° 04' 00" W, 58.00 ft.; thence leaving said
centerline N 4 ° 24' 40" W, 635.00 ft. to a point on the S line of the Davis Tract, which
map was recorded in Book 9 of Maps, at Page 11, Official Records of Butte County;
thence along said S line N $5 ° 35' 20" E, b00.00 ft. to the SE corner of said Davis Tract;
thence northerly along the easterly line of said Davis Tract 240.00 ft.; thence S 80 ° 00'
00" 350.00 ft.; thence 350.00 ft.; thence N 4 ° 24' 40" W 265.00 ft. to a point on the
southerly right-of-way of Humboldt Raad; thence along said right-af-way 340.00 ft.; thence
leaving said right-of--way S 4 ° 24' 40" 'E, 400.00 ft. more or less to the point of beginning.
H-C:
A portion of the NE 1/4 of Section 29 and the W 1/2 of the W 1/2 of the NW 1/4 of
Section 28, T26N R4E, MDB&M, more particularly described as follows:
Beginning at the NE corner of Lot 12 of the Davis Tract as shown on map of said Tract
filed in Book 6 of Maps, at Page 11, Official Records of Butte County; thence N 87 ° 00'
00" E, 420.00 ft.; thence S 0 ° 52 20" E, 460.00 ft. to a point on the northerly right-of-
way of Humboldt Raad; thence along said right-of-way N 72 ° 00' 00" W, 80.00 ft.; thence
leaving said right-of--way, S 4 ° 24' 40" E, 265.00 ft.; thence N 80 ° 00' 00" W, 350.00 ft.
mare or less to the E line of said Davis Tract at a point 240.00 ft. N of the SE corner;
thence along said E line N 4 ° 24' 40" W, 320.00 ft. and N 0 ° 52' 20" W, 330.00 ft. to the
point of beginning.
END OF DOCUMEN~°