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HomeMy WebLinkAbout91-159f ' 'fie ~(~j )u , M 4 ~ L! V ~ ~ 'I ~ / aria ~i{SUPE +.~, ,~; n BOARD OF SUPERVISORS_ +~` = ~ ~~ COUNTY OF BUTTE, STATE OF CALIFORNIA * ~ ~ ~: "T7"'"1'`;,i' •'•;~ • ~U 1 ~ Resolufiort No. 91-159 ~++f ~~' RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR PAUL D. BAKER 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: PAUL D. BAKER 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 December, 14'°~1, by the following vote: AYES: Supervisors McTnturf, Houx, P1cLaughlin, Fulton and Chair Dolan NOES: None ABSENT: None NOT VOTING: None ATTEST: WILLIAM H. RA~~ Officer and Clerk of the By ;Lo„ 1 ~. fL CHAIRMAN Board of Supervisors Administrative I 9$-gpp~6~ I Total .00 1 Recorded i Official Records I County of I Butte I Candace J. Grubbs I Recorder I 8:02am 3-Jan-92 I MP 5 ~--OO~s~ CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this l~~i`" day of ~. , 19a i , 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". WIITNESSETH 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 far 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 1; 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 izaimical to the health, safety and the general welfare of the County of Butte. NOW, THEREFORE, YT TS MUTUALLY UNDERSTOOD AND AGREED that inasmuch as the reclassification specified in Item {c) of Exhibit l is being granted, the said reclassification shall be subject to the conditions specified in the following paragraphs: L 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. Provide proof of adequate water prior to approval of the Tentative Parcel Map. 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 thirty (30} days after notice thereof as provided in Paragraph S, the Baird 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 ar 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 I 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 Ytern (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 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. 3 ACKNOWLEDGMENT EXECUTED BY A PUBLIC CORPORATION ~ " ~ Q AGENCY OR POLITICAL SUBDIVISION Civil Code Section 1191 STATE OF CALIFORNIA) } SS. COUNTY OF BUTTE ) On this 19th day of December, 1991, 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 e a f the County of tte. cr•t ~ , OrFICIAL SEAL aW [s4' .. f _ ~ V CARCyI. ROACH ~v cy -"'~' ; E NOTARY PUBLIC - C~' l.?~ t7R~IlA i f surrE c°ti~rr Carol Roach Notary Public ``°°tia"~ My comm. expires At1G 7, 1992 r ATTEST: ~ n ~_ ~ ~r cu ~ - Clerk of the Board of ~»nPrviCC)t'S STATE OF CALI ORNIA On this .......~Q, , . ~~ J ~ 1) ......day of.... .. .....,in the year. .. ..., t,~ ........... f ss. .......... .......... ....... .................. before me, ••~~~~ •~~•~•~`~~ `~••~'~~~~~~•~~~•~ a otaryi? ic,StateofCalifornia, ~ duly commissioned and sworn, personally appeared ... , , . ,~ei I .......... .... ............................. ........................ ArN#APsi ~ ~P ffii NOTARY i'UBLIC- ti ~ e! CALIFOAoUA ~ ~ ~; Buiie County ~ ® My Cornmissian Expires JAN.16,199P ~ persona y know n to me car proved to me on the basis of satisfactory evidences to be the person ... ,whose name ..../ ;5; " . " . , , " . • . ................. _ subscribed to this instrument, and acknowledged that . , .. he , , . ,executed it. IN WITNESS WFfEREOF I h ereunto set my hand and affixed my official seat in the .......................... .. .................................County of ....................... . ~~~~~"`~"~~"~""' ~••"......onthedatesetforthaboce in this certificate. This tlocument is only a general lorm which may he proper For use m 5~mple uansacl~ons dM m na wdy acts, or is inlentled to aC[. as a su45S~lule tar the advwe On an airprncy. The printer does not make any warranty, cifier a~press a imphctl as 20 the legal valitloly 01 any prpmswn Or the N tary Public, State of California wila6ilily n1 IhMa rnrmc ~ .. ..... .........r._ .___ _... 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 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. 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. COUNTY OF BUTTE, a political subdivision ~e State of California U 1: C 1.7 1991 of the "Second i ATTEST: ~ ~~ -r Clerk of the Board of Supervisors EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Paul D. Baker. ~~ (b} The property is now zoned: "U" (Unclassified) ~ , (c} The zoning reclassification o£ the property is from its present zoning to: FR~' F R. - ~ ~~ (d) Notice to Furst Party pursuant to Paragraph No. 4 shall be addressed to: Paul D. Baker, P.O. Box 349, Berry Creek, CA 95916-0349. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: F~ F(Z. _ 3 ~' (f) "Property", as used in this Agreement, includes: C ,~`~' All that certain real properly situate in the County of Sute, State of California, described as follows: Parcel 2, as shown on that certain Parcel Map being a portion of the SW 1/4 of Section 3S, T21N, RSE, MDB&M filed in the office of the Recorder, County of Butte, State of California, on September 19, 19$0 in Book 79 of Maps, at Page $. ® ®~ ®~~UNEEN°d'