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HomeMy WebLinkAbout93-138RE~U~STEDFaY° ~,ce.-yt~~-~ ~'~`. Gte~ti ~a~d o-t`..-~,p~r~,~rs ~O J , «e_ ~ 93-4043 ~~~~'T'4.~'T~~I Total 1 Recorded 1 Official Records I County of I Butte 1 Candace J. Grubbs 1 Recorder i 8:02am 20-Sep-93 1 CO j . 00 N0. 93-138 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR FORREST YOUNG 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: FORREST YOUNG 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 thei4thday of septemb~r1993, by the following vote: AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair NOES: wove ABSENT: None NOT VOTING: ;one /~' ~~~ ~~ MARY A NE ROUX, CHAIRMAN Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board By a~A. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this 14th day of Sept • , 19 93 , 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 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 constrict and comply with alI the following conditions: 2a. Designate a 100 foot building and no-disturbance setback from the top of bank or outer edge of riparian vegetation on Comanche Creek. This area can be improved as a parkway/greenbelt with the approval of the Department of Fish and Game. Also designate a 50 fact building setback from the top of bank of the flood channel that forms the westerly property boundary. 2b. The finished floor elevation of all buildings shall be above the, 1 in 100 year flood elevation as determined by a registered Civil Engineer. 2c. The storm drainage system shall be designed to allow "first flush" water runoff from all paved surfaces to be retained in an infiltration pond ar area, to reduce impacts to water quality. All drainage discharge shall meet water quality standards administered by Regional Water Quality Control Board. 2d. Access to the site shall be limited to one point on Skyway, approved by the Butte County Department of Public Works. Contribute a pro rata share towards the future installation of a traffic signal light at the intersection of Skyway and Honey Run Road as required by the Department of Public Works. Ze. If a private water system for fire fighting purposes is installed that is not connected to California Water Service, a County Service Area shall be formed to maintain said system. 2f. Proposed uses that do not meet the County standards far sewage disposal with septic tank and Ieachfield systems must connect to the City of Chico sewer system. 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 Agreerr~ent 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. .~ ATTEST: Clerk of the Board of Supervisors . 93~4044~ ~°~ COUNTY OF BUTTE, a political subdivision of the State of California ~` By~, ? L Cha person of the Board ~ Supervisors ~P ~ F ,~Q~3 "Second Party" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~~-- ,,, rte ~... _, County of ~~_,, ., On ~-!`~`"- ~3 before me, ~ara~ 7tcac~. 1~lora~_ P~61r~'. OATS NAME, TITLE OF OFFICER - E.G., "JANE OE, NOTARY PUBLIC' personally appeared~~~ ~ „ o ~-~, r~ ,~ personally known to me - OR - ^ to be the person(p~f whose name() is/aye subscribed to the within instrument and ac- knowledged to me that kte/sheltlae~y executed the same in f~+s/herltl~eir authorized capacity(iae), and that by k~+e/herltheir signature( on the ins#rument the person(, or the entity upon behalf of which the CAROL ROACH person(~'racted, executed the instrument. a r._~,.... •• . COIVIM. ~ 468956 2 ? m ; " Notary Public - Califorrtio n '"~ • BUTfE CO(iNiY My Comm. Expires AUG 7, 1996 Y WITNESS my hand and official seal. SIGNATURE OF NOTARY No. 5]33 ~~ OPTIONAL SECTION ~~ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL [] CORPORATE OFFICER(S) TITLE{s~ PARTNER(S) ~ LIMITED GENERAL ATTORNEY-IN-FACT [] TRUSTEE(S) [~ GUARDIANICONSERVATOR ER: SIGNER IS REPRESENTING: NAME OF PERSON(S) Oft E~TY{IES) a U ~- n- OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 " ~ 0 EXHIBIT 1 Agreement (a) "First Party", as used in this Agreement, includes each and all of the following: Forrest Young., HELEL~ YOUNG, MARGARk~T H. MORGAN, RICHARD C. PETERS AND RAMONA W. PETERS (b) The property is now zoned: "U" {Unclassified} (c) 1'he zoning reclassification of the property is from its present zoning to: M-1 (d) Notice to First Party pursuant to Paragraph No. ~ shall be addressed to: Forrest Young, 82 Northwood Commons Place, Chico, CA 95926. (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: M-1 (f) "Property", as used in this Agreement, includes: A portion of T22N R2E Sec. 32 and T21N R2E Sec. 5 MDB&M, more particularly described as: Beginning at the intersection of the centerlines of Bnzce Road and the Skyway; thence southerly along Skyway's centerline to its intersection with the centerline of Comanche Creek, approximately 2760 ft.; thence westerly along said centerline of Comanche Creek to its intersection with the flood control channel approximately 1000 feet, said flood control channel located on the west line of the E 1/2 of Section 5 T21N R2E MDB&M; thence northerly along said W line 1800 feet; thence continuing northerly along the W line of the E 1/2 of Sec. 32 T22N R2E MDB&M approximately 600 feet to the point of beginning. STATE OF CALIFORNIA } c COUNTY OF t e }ss. } On Se t. 3, 1993 betoreme, W. J. Lolling personally appeared Forrest Young, Helen Young, Richard C. Peters, ~ Ramona W. Peters and Mar aret H. Morgan ~ personally known to me (or proved to me on the basis of satisfactory evidence} to be the persons} whose names} is/are subscribed to the within ~ instrument and acknowledged to me that he/she/they executed the same in hislf-ierltheir outhorized capacity(ies}, m and that by hislherltheir signatures} an the instrument the persons} or the entity upon behalf of which t ~ he persons} opted, ex t the instrument. ,g~m~731~W j ~ _ WITNESS my hid d o ' ! sell. ~ ® ~~~ ~~ m ,{ ., MOY4i9V~~~~ Signature 6 ~wYrov~u~~ ~Y Cammleplpay ~zg~~p $- ~. 9 ~ za rxa u~ a+~~te u++~ nnns~~wt».w„ a„pyy~,~~ ~~® ~~ ~t°'_A I~A~a~a for officio! notarial Goan