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HomeMy WebLinkAbout92-035~. Supervisors be and is hereby authorized and directed to execute an agreement on behalf of the RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR JOHN HAASE BE IT RESOLVED AND ORDERED that the Chairman of the Board of County of Butte relating to reclassification of zoning with: JOHN HAASE 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 7th day of Apri 7 ,1.992, by the following vote: 92-18512 ~- Resolufion 2110.92-35 AYES: Supervisors McInturf, Houx, McLaughlin, Fulton and Chair Qolan NOES: None ABSENT: None NOT VOTING: None DOLAIV~, CHAXRMAN County Board of Supervisors ATTEST: STAFtLYtJ ~RCIJN, Act~~ ~ Chief Administrative Officer and Clerk of the Board By f ~~""'~ 1 ~~ ~ ~ I Total . O© 1 Recorded i Official Records 1 County of I Butte I Candgce J. Grubbs I Recorder I 8:02tam 29-Apr--92 1 COMS CD 6 92-~85l1. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this ~5~~ day of ~ar-rlb 19 ~2, 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 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 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. Provide proof of adequate water prior to approval of 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 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 Forty 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 92-1851'.2 ~ 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. 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 fixst above written. i 1 ,: roHN HAasE ~~/~.~. ATTEST: - ~ #)~.... Cler of the Board of Supervisors COUNTY OF BUTTE, a political subdivision of the State of California State of ~ ~L i~~ a 2 n~ r ,4 _ County of_~T7 c- On ,~ G ~ before me, y' , DATE ~ NAME, TITLE OF OFFICER • E.G., •JAN(z~ ~~NO}iRY PZ1BS;~~ L, C~ personalty appeared J D /J~V //[[,.~5!/ ~jFF'' NAME(S) OF SIGNER(S) r personalty known to me - OR • ^ proved to me on the basis of satisfactory evidence to be the person{ whose name{~ is/a~a subscribed to the within instrument and ac- knowledged to me that helst~elt~ey executed the same in hisl~aax~t~ei~' authorized capacity{ice), and that by his~~ - signature{s) on the instrument the person{,s~, orthe entity upon behatfofwhichtheperson{s} o~zcani. s>;n~ acted, executed the instrument. r atharina M_Van ae Pavert WltneSS m hand and official seal. ~ ~ NR'fARY PUBLIC • CAt.[FDRNN4 Y Bt1TSE CWrtrY L6y Domm Expose Feb. 3, 1995 SIGNA URE OF NOTARY 92-~85~2 ~~ NO 209 CAPACITY CLAIMED 8Y SIGNER ~, INDIVIDUAL(S) ^ CORPORATE OFFICER(S) TITLE(SJ ^ PARTNER(S) ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ©SUBSCRIBING WITNE55 ^ GUARDIANICONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON{S) OR ENT3TY(IES) ATTENTION NOTARY: A{though the information requested below is OPTIONAL, it could prevent fraudulent attachment a1 this certificate to unauthorized document. THIS CERTIFICATE Title ar Type of Document J ~ ~ o MUST BE ATTACHED Number of Pages Date of Document ~ ~ ~ TO THE DOCUMENT ~ ~`~`L~ ~` DESCRIBED AT RIGHT: Signer{s) Other Than Named Above -~~M ~ ,C 01991 NRTIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park. CA 91304-7184 ACKNOWLEDGMENT EXECUTED BY A PUBLIC CORPORATION AGENCY OR POLITICAL SUBDIVISION {Civil Code Section 17.91) STATE OF CALIFORNIA) ) Ss. COUNTY OF BUTTE ) On this 21st day of April, 1992, before me personally appeared Jane Dalan, 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 Butte. OFFTCiAL SEAL ~` ' ` , CARdI. ROACH ~'°e NOTARY PUBLIC -CALIFORNIA •' B[IiTE COl1NTY ""`°F"'" My comrri: expires AIIG 7, 1992 i~ ~-- -- -- i~ ~ tL_____ Carol Roach, Notary Public 92-I85~1 ~ EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: John Haase. (b) The property is now zoned: "U" {c} The zoning reclassification of the properly is from its present zoning to: FR-5 and FR- 10 (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: John Haase, 44 Justamare Lane, Berry Creek, CA 9591.6. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: FR-5 and FR-10 (f) "Property", as used in this Agreement, includes: PARCEL 3: FR-5 Beginning at the NW corner of Parcel 3 of the Parcel Map for L. Cole recorded in Book 107 of Maps at Page 51 of Butte County Records, thence S 89 ° 53' 11" E 800.64 ft. along the N line of said Parcel 3 to the true point of bea nning; thence S 00 ° 53' 38" E 752.54 ft. to a point on the S line of Parcel 3; thence N $$ ° 4T 29" E 880.16 ft. along the S line to a point; thence N 00 ° 53' 45" W 732.23 ft. to a paint on the N line of Parcel 3; thence N 89 ° 53' 11" W 880.26 ft. to the true point of beginning. Containing 15.00 acres. PARCEL 1: FR-10 Beginning at the NW corner of Parcel 3 of the Parcel Map for L. Cole recorded in Book 107 of Maps at Page 51 of Butte County Records, thence S 89 ° 53' 11" E $00.64 ft. along the N Iine of said Parcel 3 to a point; thence S 00 ° 53' 38" E 752.54 ft. to a point on the S Iine of Parcel 3; thence S 88 ° 47 29" W $00.60 ft. along the S line of Parcel 3 to a paint; thence N 00 ° 53' 19" W 771.02 ft. along the W line of Parcel 3 to the true point of beginning. Containing 14.00 acres. PARCEL 2: FR-10 Beginning at the NW corner of Parcel 3 of the Parcel Map for L. Cole recorded in Book 107 of Maps at Page Si of Butte County Records; thence S 89 ° 53' 11" E 1680.90 ft. along the N line of said Parcel 3 to the true point of beginning; thence from said true point of beginning S 89 ° 53' 11" E 736,b5 ft. to a paint on a curve on the westerly right-of--way line of Rockerfeller Road; thence 77.35 ft. along said westerly right-of--way line along a curve to the left, concave to the E, having a radius of 130 ft. and a central angle of 34 ° OS' 20" to a point; thence S 34 ° 05' 20" E 91.48 ft.; thence 158.88 ft. along a curve to the right, concave to the SW, having a radius of 670.00 ft., and a central angle of 13 ° 35' 11" to a point; thence S 20 ° 30' 09" E 447.88 ft to a point; thence leaving the westerly right-of- way line S 88 ° 4T 29" W 436.25 ft.; thence N 01 ° 01' 20" E 208.72 ft.; thence S 88 ° 4T 29" W 208.72 ft.; thence S 01 ° O1' 70" W 208.72 ft.; thence S 88 ° 47' 29" W 383.63 ft.; thence N 00 ° 53' 4S" W 732.23 £t. to the true point of beginning. Containing 13.80 acres. ~~Q o~ ®ocu,~~~r