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HomeMy WebLinkAbout92-0742~esolufion RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR RAY 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: RAY 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 23rd day of June 1992, by the following vote: ATTEST: AYES: Supervisors McInturf, Roux, A9cLaugh1in, Fulton and Chair Doian NOES: bone ABSENT: None NOT VOTING: Non e DO ,CHAIRMAN -- Butt County Board of Supervisors JOHN S B CKLOC Chief Administrative Off cer and Cl of Board ~~~~~ ~ ~~ I Tata1 . 00 By [~_ 1 Recorded # ©.fficial Recarde I Ccsunty a~ I Butte 1 Candgce~ J. Grublls 1 Recorder 1 8:02am 1-Jul.-92 1 C©MS MP 6 92-29170 ~'' s2-2si~o ~ CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 23rd day of dune , 19 92, 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 Proper_ ty 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 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. Show on the final map a 100 ft. no disturbance setback along both sides of the West Branch of Clear Creek. The setback shall commence from the outside edge of the wetland/riparian vegetation or bank tap, whichever is greater. Place a note on the additional map sheet that states: "Any work within the 100 year flood plain shall require prior notification to the California Department of Fish and Game. 2b. Provide a road sign at the intersection of Adobe Lane and Clark Road to County "Public Road Sign Standards". 2c. Place a note on the final map stating, "Automatic fire suppression sprinkler systems shall be installed in all new residnetial structures in accordance with the National Fire Protection Association Standard for the installation of sprinkler systems in one and two family dwellings and mobile homes, NFPA s2-zsi~o Standard 13D. The purpose of the installation of sprinkler systems is for additional safety and property protection in the event of residential fires. This installation will reduce the demand for structural bare protection services in those instances where they are installed. 2d. Place a note on the additional map sheet of the final map and on t6he deeds that states: 1. No oak tree removal except for that required to provide space for buildings and associated accessories and to meet health and safety standards. 2. Establish a no disturbance setback, commencing from the outer edge of the oak tree canopy and extending outward a distance equal to one- half of the canopy radius, around each tree. No disturbance includes irrigation -and root damaging activities. 3. Retain all snags except those which pose a direct safety hazard. 4. No pruning or cutting of oaks except for safety purposes. Deciduous oaks should be prunded during the winter dormant season only and - - evergreen oaks during July -August only. 2e. Preform a botanical survey of the property to ascertain the presence of any rare or endangered plant species. - 2f. Construct a paved road approach on Adobe Lane to Cal Trans 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 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 Parry at the address specific in Item {d} of Exhibit 1 and to the street address of the property described in Item {d) of Exhibit I. 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 Parry 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 shaIl a7-~~l70 ~ 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. /" ~~ RA AKER COUNTY OF BUTTE, a political subdivision of the State of California By - - ~eead" Party" - ATTEST: '1~ ~ ~ ,. l - ~ _ a _ Clerk of the Board of Supervisors INDIVIDUAL ACKNOWLEDGMENT of the Board ~ State of ~~~~'~'~~~ A f~y ~ ss. County of `~ On this the 2lO day of ~'4"1' 19~ _z' before me, the undersigned Notary Public, personally appeared ~ ~ .C3~~~ OFFICIAL NOTARY SEAL. LORRAINE ANNE Li1NpY -~ NataryPuBl~-Cailtornia 6t1TT~ COEINTY MY Cornrn. Expires NOV 03,1995 p personally known to me proved to me on the basis of satisfactory evidence to be the person~i whose name(, /S subscribed to the within instrument, and acknowledged that ~ executed it. WITNESS my hand and official seal. Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIRCATE Title ar Type of Document MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT R1G}-1T Number of Pages Signer(s) Other Than Named Above Date of Document ® NRIIUNR~NUI RIiT RJJ(X:IRIIUN"•e'L'Sti rsBmme[AVB•t'.V.GOX /l tla •1i8110Ja YdrK,VAyiJUV•~sat EXHIBIT 1 Agreement {a} "First Party", as used in this Agreement, includes each and all of the following: Ray Baker (b) The property is now zoned: "U" (Unclassified) and S-H (Scenic Highway) (c) The zoning reclassification of the property is from its present zoning to: FR-5 (d} Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Ray Baker, P.O. Box 671, Paradise, CA 95967 (e) The change in zoning classification pursuant to Paragraph No. 4_ shall be ta: FR-5 (f) "Property", as used in this Agreement, includes: - _ All that real property situate in the County of Butte, State of California, described as follows: Being a portion of the S 1/2 of Section 10, T21N, R3E, MDM, being more particularly described as follows. BEGINNING at the NW corner of the SW 1/4 of the SE 1/4 of said Section 10, being as shown on that certain Parcel Map for Gerald D. Oliver, being a portion of the S i/2 of Section 10, T21N, R3E, MDM, which map was filed in the office of the Recorder of Butte County, California vn March 26, 1981 in Bvok 82 of Maps at Pages 14 and 1S, said point being an angle point in the northerly boundary line of that certain parcel of land described in Quit Claim Deed to George Gist, et al, recorded on October 23, 1989, under Recorder's Serial Number 89-041527; thence N 89 ° 07' S1" E, along the northerly boundary line of said Gist parcel, for 1006.94 ft. to a point located on the westerly boundary line of Clark Road; thence following along said westerly boundary line, S 33 ° 20' 43" W for 139.45 ft.; thence N 56 ° 39' 17" W for 20.00 ft.; thence S 33 ° 20' 43" W for 273.07 ft. to the true point of beginning for the parcel of land herein described; thence from said true point of beginning, S 33 ° 20' 43" W, continuing along said westerly boundary line of Clark Road, for 5.49 ft. to the beginning of a 4550.00 foot radius curve to the left; thence following along the arc of said curve, through a central angle of 1 ° 32' 38" for an arc distance of 122.60 ft.; thence along a radial line of said curve, S 58 ° 12' 02" E for 20.00 ft. to a point on the arc of a 4530.00 foot radius concentric curve concave to the SE; thence southerly along the arc of said curve, through a central angle of 4 ° S9' 22" for an arc distance of 394.49 ft.; thence S 26 ° 48' 45" W for 203.66 ft. to a point located on the southerly boundary line of that certain parcel of land described in deed to Raymond C. Baker, et ux, recorded June 17, 1969 in Book 1571 of tl~e Offiicial Records of Butte 92-29170 County, California at Page 49; thence following along said southerly boundary line, S SS ° 3$' 44" W for 430.83 ft. to the SW corner of said Baker parcel; thence N 0 ° 15' 06" E along the N and S centerline of said Section 10, as shown on said Oliver Parcel Map and along the westerly baundary line of said Baker parcel, for 300.00 ft. to an angle point located in the southerly boundary line of said Gist parcel, said point being also the NE corner of Parcel 2 as shown on said Oliver Parcel Map; thence following along the southerly boundary Iine of said Gist Parcel and along the northerly boundary line of said Oliver Parcel Map, S 89 ° 25' 02" W for 1328.8$ ft. to the SW corner of said Gist Parcel, said point being also the NW corner of Parcel 4 of said Oliver Parcel Map;. thence following along the westerly boundary line of the SE 1/4 of the SW 1/4 of said Section 10, N 0 ° 15' 07" E for 333.12 ft.; thence N 89 ° 03' 04" E for 2033.95 ft. to said tie point of beginning. - _ __ ENS ®~ C~C~~~~~~~'