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HomeMy WebLinkAbout92-134RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR VERNON KOENIG 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: VERNON KOENIG 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 6th day of October 1992, by the fallowing vote; AYES: Supervisors McTnturf, Houx, Fulton and Chair ~}olan NOES: None ABSENT: Supervisor Mc~aughlin NOT VOTING: None DO ,CHAIRMAN County Board of Supervisors ATTEST: JOHN S. BLACKLQCK* C] Officer and Clerk of the Board By ~ ~ a~ '~ Administrative ~~~~~~~~ • I Total Rt?cordec{ ~ Dfflcgal ~ Retards ~ County of ~ Butte ~ Candace J. Grubbs ! Recorder t 8'O~am 38-I?ec-92 f COMS V5 . 00 6 s2--~soo, ~, . _~.___ ~~'~~~~~ CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 6th day of oct. , 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 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 rr~atter 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 i£ fully set forth herein. 2. That First Party shall construct and comply with all the following conditions: 2a. Pay fees as agreed to C.U.S.D. 2b. Prior to recordation of the final map, the applicant shall meet the requirements of the Butte County Environmental Health Department. - 2c. Trim brush along the curve of the westerly intersection of Forest Ranch Road and Highway 32, the entrance to the school site, and Schott Raad and Highway 32. 2d. AppIy dust pallative such as Calcium Chioride on non-paved roads to minimize dust. 2e. No site disruption or construction during rainy season. 2f. Mulch or reseed exposed soils at onset of rainy season. .~z-~soo~ 3 2g. Gravel or pave all roads. 2h. No vegetation or tree removal except for those directly in the way of driveways or houses. 2i. Homesite fencing limited to 4 or 5 strand barb wire no Iower than 16" nor higher than 48" above ground. 2j. Install a swimming pool or water storage of 7500 gallons minimum with drafting connection or water pump. 2k. No shake roofs or exterior shake siding will be allowed. ?.l. ~ Clear all dead. brash from ~.~.~ithin 30 feet of homes:tes and 10 feet of roadways. 2m. Construct homesites within 150 feet of the main access road. 2n. All parcels to meet minimum usable sewage disposal area and proof of water pursuant to Butte County Subdivision Ordinance Chapter 20. 20. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. 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 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 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 I 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 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. ~C-~t3U[~ I ~ 4LAFVRNIA ALL-IiV!'ItiR''V1C A{~1~ryV1rM6CYUnr[IGn ^ State of L ~~~ ~ ~ - - C unty of ~rs-~`"~. On ~ `~ ~ before me, ~ U - r DA E NAME, TITLE OFOFFICER - .G.,'JANE DO OTARY PUBLIC- ~ personally appeared '' II NAME(S) OF SIGi~[ER(S) ~ personally known to mU- OR - ^ proved to me on the basis of satisfactory evidence to be the persons} whose name($} is/alre subscribed to the within instrument and ac- knowledged to me that {gelshelt~q executed the same in t~slher/t#eir authorized capacity(ilas), and that by I~slherlt#eir signatures} on the instrument the person{s), or the entity upon behalf of which the CAROL ROACH person() acted, executed the instrumen#. ~~~~ GOMitll. ~ 468456 ,~`~~, . ~ . ~ Notary Public -California WITNESS my hand d o#ficial seal. ~= ~ . a. 6UTiE COUNTY ' ~ - Ariy Cornet. Expires Akita 7, 1996 SIGNATURE OF NOTARY ^~~ OPTIONAL SECTION ~ CAPACITY CLAIMEQ BY SIGNER Though statute does not require the Notary Eo fill in the data below, doing so may prove invaluable to persons retying on the document. INDIVIDUAL CORPORATE OFFICER(S) TITLES} PARTNi=R(S) ~ LIMITED GENERAL ATTORNEY-IN-FACT ^ TRUSTEE(S) GUARDIA (CONSERVATOR O ER: SIGNER IS REPRESENTING: NA~E OF PERSONS} OR ENTiTY(IES) iL OPTIONAL SECTION THES CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though Ehe data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT. NUMBER OF PAGES DATE OF DOCUMENT SEGNER(S) OTHER THAN NAMED ABOVE Oc 1992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.v. eox zi tie • Canoga rant, cH a~sua-n a~ Q IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. VERNON KOENIG COUNTY OF BUTTE, a political subdivision of the State of California By ATTEST: ta.~.. Clerk of the Board of Supervisors Acknowledge 'v'~` g meat State of CALIFQRNIA County af~ ~ ~ n D } ss. offtcuu sFnt. MfcriFU~aopf~ 1GGwrausuc-cuifa~+u SAHBEANARDINOCpI1Nty ~3' ~ E~lres Se,~t, 3, 739 (This area for official seat) of the Board cf o c~ a s ~ssz - -- --~~~„4„p,~0, On a V ~ ~ g ]Rq Z before me, 4 ~/~ ~ ~ Rersonally appeared f l D r v, ~ ... ~ 1 ~ personalty known to me (or proved fo me on the basis of satisfacto the person(s) whose name{s) is/ore subscribed to the within instrument o edged tom N evidence} to be e that he/she/they executed th nd acknawl- capocity(ies},and that by his/her/theirsignature s same in his/her/their the entity upon behalf of which the (> an the instrument the authorized WETNESS my hand and official seal, person(s) acted, executed person(s), or the instrument, A7TEfVT10N NOTARY: Althou Signature gh the lnformatron requested below rs ~pT1pNA1, it could prevent fraudulent attachme THIS CERTlFfCATE Ml1gT gE q~ACHED TO THE DOCUMENT DESCI?fBED AT R1GHT: nt of thrs certificate to another document Title or Type of pocurnent TT-1100 (1 ~/qp~ Number of P Signer(s) Otheg han N Date of pocument arced Above 92-58~OI ~°° EXHIBIT 1 A,g~reement {a) "First Party", as used in this Agreement, includes each and all of the fallowing: Vernon Koenig. (b} The property is now zoned: TM-1 (c) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: Vernon Koenig, 11355 Hillcrest, Loma Linda, CA 92354. (e) The ~hwnge in zL':'I.g ~l~S'ucutiOli pil:5ilwit tt'i Paic'~.~T.ay~i iv u. -~r Sliau 1'i~ tU: livi-1 {f} "Property", as used in this Agreement, includes: All that certain real property situate in the County of Butte, State of California, described as follows: Parcels 2 and 3 of that certain Parcel Map, filed in the Office of the Recorder of the County of Butte, State of California, on September 28, 1981, in Book 8b of Maps, at Pages 23 and 24. EN© OF DOCUN1~~iT