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HomeMy WebLinkAbout92-053~2r~~~ V~ j_r ~~ ~ "* +CS ~° s BOARD aF SU P ERV ~~~R COUNTY OF BUTTE, STATE OF CALIFORNIA I~esoruftott No.9~`~3 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR WILLIAM D. NICHOLS BE IT RESOLVED AND ORDERED that the Chairman of the Board of Supervisors be and is hereby authorized and directed to execute an agreement an behalf of the County of Butte relating to reclassification of zoning with: WILLIAM D. NICHOLS and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADAPTED by the Butte County Board of Supervisors on the 19th day of Ray 1992, by the following vote: AYES; Su~ervi sors Nlc Inturf, Houx, P1cLaughl i n, Fulton and Chair Dolan NOES: None ABSENT: Non e NOT VOTING: None Butte ATTEST: _ STARLYPJ BROWN, Acting Officer and Clerk of~~BOaT By Board of Supervisors Administrative '~ G"^"`1~G~'T~ G t To~.a~. . DO ! Recorded ! Official Records ! County of ! Butte ! Candace ~'. Grut~bs ! Recorder ! 8:02am 28-May-92 ! COMB MP fi s2-z3~sz ~- CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 19th day of May , 14 9 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 Xtem (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 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 nat 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. At the time a final map is submitted for recordation that creates Iot sizes of Iess than 1 acre, provisions for a pedestrian and bicycle pathway shall be provided along Marigold Avenue from the southern property line to East Avenue. This condition shall be subject to the approval of Public Works standards. 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 aIsa initiate proceedings to rezone the property to the classification specified in Item (b} of Exhibit I or any other suitable classification. s2-zsas2 3 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 l 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. G. 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. WILLIAM D. HOLS COUNTY OF BUTTE, a political subdivision of the State of California of the Board cf ~..~ "Second Party" ATTEST: ~~ Clerk of the Board of Supervisors 92-23462 ACKNOWLEDGMENT EXECUTED BY A PUBLIC CORPORATION AGENCY, OR POLITICAL SUBDIVISION (Civil Code Section 1191) STATE OF CALIFORNIA) ) SS. COUNTY OF BUTTE ) on this 19th day of May, 1992, 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 Butte. }~.~ ~~ OFI~`ICIAL SEAL a _ . ~ CA~RCYl. ROACH ' a NOTARY PUBLIC -CALIFORNIA ' ~ ~ BllTi'E COl6NTY ~ CSL~[bGT~P {Vfy comm. expires AIIG 7, I992 CA7. NO, NNOO627 70 1944 CA (9-64J (Individual) Carol Roach, Notary Public J TICOR TITLE INSURANCE: SS. STATE OF CALIFORNIA COUNTY OF ~ t Dn ~ ~'~ °~ said State, personally appeared ~ ~' u ,personally known to me or proved to me on the basis of satisfactory evidence to be ~ ~ _ ~., ~ ~ ®~ ~ ~ ~~ ~ ~ n ®m w ®el t~ a e m subscr bed to the ~ <<.t ~, r.. OFFICIAL SEAL ~ tine person whose name .,r r~ - ~ pEK ` ~ ~ within instrument and acknowledged that ~ exe- tt/„j'~~~ y ~~;'3, toted the same. WITNESS my hand and official seal. Signature before me, the undersigned, a` Natary Public in and far © 'S. 2'~~ n ;,~7RflY €'J13LiC . CAi_IFOi~N1A p r~Y~1~ BUT'~4•E COl1NTY ~ It3 ~4i Fau:rr s~Ay Gnmm. Expires Nov. a, 9995 ~ (This area for official potarial seal) EXHIBYT 1 Agreement (a} "First Party", as used in this Agreement, includes each and all of the following: William D. Nichols. (b) The property is now zoned: SR-1 (c} The zoning reclassification of the property is from its present zoning to: S-R (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: William D. Nichols, P.O. Box 6507, Chico, CA 95927 (e) The change in zoning classification pursuant t© Paragraph No. 4 shall be to: S-R (f) "Property", as used in this Agreement, includes: PARCEL 1: A portion of Lot 20, as shown on that certain Map entitled "Map of the Eighteenth Subdivision of the Bidwell Rancho", which map was filed in the office of the Recorder of the County of Butte, State of California, October 6, 1911, in Book 7 of Maps, at Page 26, mare particularly described as follows: BEGIlVNING at a point in the S line of said Lot 20, which point is 385.00 ft. W of the SE corner of said Lot 20; thence E along the S line of said Lot 20, a distance of 385.00 ft. to the SE corner of said Lot 20, said SE corner being in the centerline of Marigold Avenue, as shown on said Map of the Eighteenth Subdivision; thence N 00 ° 21' W along the E line of said Lot 20, being also the centerline of Marigold Avenue, a distance of 200.0 ft. to a point; thence southwesterly 433.$5 ft, more or less, to the point of beginning. EXCEPTING THEREFROM the easterly 25 feet of the above described parcel far Marigold Avenue. PARCEL 2: Lots 19 and 20 as shown on that certain Map entitled "Map of the Eighteenth Subdivision of the Bidwell Rancho", which Map was file din the office of the Recorder of the County of Butte, State of California, October 6, 1911, in Book 7 of Maps, at Page 26. EXCEPTING THEREFROM the easterly 25 Feet of the above described parcel for Marigold Avenue. ALSO EXCEPTING THEREFROM the fallowing described parcel: 92-23462 (~ BEGINNING at a point in the S line of said Lot 20, which point is 385.00 ft. W of the SE corner of said Lot 20; thence E along the S line of said Lot 20, a distance of 385.00 ft. to the SE corner of said Lot 20, said SE corner being the centerline of Marigold Avenue, as shown on said "Map of the Eighteenth Subdivision; thence N 00 ° 21' W along the E line of said Lot 20, being also the centerline of Marigold Avenue, a distance of 200.0 ft. to a point; thence southwesterly 433.85 ft., more or less, to the point of beginning,