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Home My WebLink About92-075ac`L~IIj RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR LUCILE BLASINGAME 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: LUCILE BLASINGAME 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 dune 1992, by the following vote: AYES: Supervisors McInturf, Houx, Fulton and Chair Dolan NOES: None ABSENT: Supervisor McLaughl i n NOT VOTING: None ~; CHAIRMAN Board of Supervisors ATTEST: JOHN S. BLACKLOCK Chief Adnunistrative Officer and Clerk ofd e Bo ~~~G~ 1 ~ 1 I Total . 00 By a,~~ I Recorded I O££icial Records 1 County a£ 1 Butte I Candace 3. Grubbs I Recorder I $:02am 1-Jul-92 1 COMS MP 5 trot CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 23rd day of June , 19 92 , by and between "First Party", as identified in item (a) of Exhibit 1 of this Agreement, and the COUNTY 4F 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 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 I 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. Prior to recordation of the Final Map, the applicant shall enter into an agreement in a form acceptable to the Durham Unified School District to participate in a financing mechanism to mitigate school impacts. 2b. A pressurized water system with six inch (fi") hydrants and at Least 750 GPM shall be provided and approved by the County Fire Department prior to recordation of the Final Map. 2c. Prior to recordation of a Final Map, the property shall be annexed into the Durham Irrigation District or receive approval of a community water system by the County Environmental Health Department. If a community water system is used the applicant shall form a legal entity to ensure operation and maintenance of the facility. 2d. Prior to approval of a Tentative Subdivision Map, the applicant shall receive approval of a preliminary drainage plan for the site by the Department of Public Works. 2e. Prior to recordation of the Final Map a sewer main shall be constn~cted within the subdivision road to Jones Avenue and lateral lines constructed to each residential property. The plans shall be reviewed and approved by the Departments of Environmental Health and Public Works. The following note shall be placed on the Final Map "At such time a sewer system becomes available, property owners shall connect to the system within a time frame established by the County". 2f. Provide a 100 agricultural setback on all boundaries that adjoin existing commercial orchards. 100 ft. setback to measure from property line or from Blasingame side of public or private roads. 2g. Conform to Urban Reserve policies of the D2N Plan. 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 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. S. 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 shall bind and inure 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 WHEREQF, the parties hereto have executed this Agreement the day and year first above written. L CILE BLASIIVGAME ~,t ATTEST: .~ Clerk of the Board of Supervisors CERTIFICATE OF ACKNOWLEDGMENT CaNDITZONAL. ZONING AGREEMENT r .. ........................................................................................................................ .. State of California On June 16 1992 before me, Notar Public : S5. {date) (name and title of officer) County of BUTTE SHARON 1... RANDALL ,personally appeared ' ; LUCILE Bl_.ASINGAME ' personally known to me {or proved to me on the basis of satisfactory evidence) to be the person ~ whose named is/a~ subscribed to the within instrument OFFIGIALSEAI, and acknowledged to me that~she/~^rlrexecuted the same ink/her/>~r ~ ~ ~~~ authorized capacity~j, and that by l~lher/~ signatures on the instru- NOiARY P1~kJC • GILIFORI~IA ~p~gp~ry meet the personf~, or the entity upon behalf of which the person(,} acted, ~b~.Exp~sfeCf.23,l993 executed the instrument. • WITNE5 hand and official 1. • • No ry s S' nature ' •~~•••~~•~•~••f•••~•••~~••1111.11.111•~•~~•••11.1.1111••f•1111.111•~~•••~~••111.1111 ••11.11/1.1.1 •11111 11 11••11/11.111.1111 COUNTY OF BUTTE, a political subdivision of the State of California °2-29171 EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Lucille Blasingame. (b} The property is now zoned: A-5 (c) The zoning reclassification of the property is from its present zoning to: SR-1 (d} Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Lucile Blasingame, 9703 Robles Road, Durham, CA 95938. {e} The change in zoning classification pursuant to Paragraph No. 4 shall be to: SR-1 (f} "Property", as used in this Agreement, includes: All that certain real property situate in the County of Butte, State of California, and more particularly described as follows: Parcel 1 and Parcel 2 on that certain Parcel Map of a portion of Section 30, T21N R2E, MDM, filed on April 17, 1980 in Soak 7b of Maps, at Page 53 in the Butte County Recorder's Office. ~~D OF ®~~UM~~T