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B~A~ U ~~~ S~.J P ~#~~1.1~ 4~F~S
G4U:NT'Y 4F BUTTE, STATE QF CALtF`C,~RNIA
h~'S~~ ufion !ti'o. 98-45
RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF
ZONE FOR BRUCE ROE
BE IT RESOLVED AND ORDERED that tl~e Chairman of the Board of Supervisors
be ar~d is hereby authorized and directed to execute an agreement on behalf of the County of Butte
relating to reclassification of zoning with:
BRUCE ROE
and to do grid perform everything necessary to carry out the purpose of this resolution.
PASSED AND ADOPTED by the Butte County Board of Supervisors on the Loth
day of March , 1998, by the following vote:
AYES: Supervisors Beeler, Roux, Josiassen and Chair Davis
NOES: Supervisor Dolan
ABSENT: None
NOT VOTING None ~~
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FRED C. DAMS, CHAIRMAN
Butte County Board of Supervisors
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
y e - ~-ti '-1
Ct)ND[TIOtiAL 10NING :~GREI~,MENT
THIS At1REEMENT made this~?~~-d day of /~'k< ~"c~i.. 1998, by and between "First
Party", as identitied in item (a) of Exhibit 1 of this Agreement, and the CC)UNTY OF BU"l'TE, a political
subdivision of the State of California, herein called "Second Party".
~~~ ITNESSETH
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 (e) of Exhibit I of this Agreement; and
~~'HEREAS. the Property is naw zoned as specified in Irem (bl of Exhibit l; and
WHERE~~S, 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
N~'HEREAS, 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, I'I' IS iti1UTUALLY 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 comply with all the following condition:
?a. As part of the Tentative Parcel i~1ap submitted proposin;~ to divide the subject Property,
a plan for a permanent solution for drainage shall be submitted for review and approval. The approved
drainage improvements constructed prior to recordation of the Final Parcel Map. The drainage plans shall
specify in detail how drainage waters from the drainage sGVale shown on the attached Exhibit "C" shall be
diverted, andior conveyed away from the existing southerly flow direction. Said drainage waters shall be
directed towards the existing drainage located near the westerly boundary of the project using berms, ditches,
and culverts, sized and located as required The net effect of the drainage solution is to provide a minimum
10% reduction in the existing peak flow runoff from the property fora 100-year storm event.
2b. All permanent dwelling units shall be limited to conventionally built homes,
manufactured homes, or modular homes certified under the National tilobile Name Construction and Safety
Standards .Act of 1974 (=~? U-S Section 5401 et seq.). All dtivelling units, but not including temporary mobile
homes under the provisior~s~of Sections 24-295 and 24-295.10 of the Butte County Code, shall be placed on
a permanent t~~undation pursuant to Section 18551 of the California Health and Safety Code.
2c All dwelling units and accessory structures, including, but not limited to, such
structures as garages, sheds. and barns, shall be set back 300 feet from the west and southerly project
boundaries as shown on the attached Exhibit ``C" Unoccupied mobile homes shall not be used for storage
purposes
2d :111 roads and driveways shall be located as shown on the attached Exhibit "C"
3. In the event First Party, any successor in interest of First Party, or any person ill
possession of the property described in Item (e} of Exhibit i violates or fails to perform any at the
conditions of this Agreement within thirty (30) days after notice thereof as provide, in Paragraph 4, 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 F_.xhibit 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 l and to the street address of the prapertyy 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 l by filing with
she Clerk of the Board of Supervisors of Second Party the address to which the notice is to be sent, with
reference to this A~~reement and the 12esolution 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 tees.
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 ~'~'ITNESS WHEREOF, the parties hereto have execute t is A ement the day and
year first above written.
COUNTY OF BUTTE, a political
subdivision of the State of California
By
Chairperson of the Board of
Supervisors
"Second Party"
ATTEST:
Clerk of the Board of Supervisors
EXHIBIT I
Agreement
(a) "first Party", as used in this Agreement, includes each and all of the following: Bruce Roe
(b) The property is now zoned: A-40
(c) The zoning reclassification of the property is from its present zoning to: A-20
td} Notice to f=irst Party pursuant to Paragraph No. 4 shall be addressed to: Bruce Roe, 10 Declaration
Drive, Chico, CA 95973.
(e) "Property", as used in this Agreement, includes:
All that certain real property situate in the Counry of Butte. State of California, described as
follows:
Being a portion of Section 2. T22N RIE, MDB&Iv1, more particularly described as follows:
Beginning at the center of said Section 2 as shown on that certain Record of Survey recorded in
Book 133 of Maps, at Page 61; thence Leaving said point of beginning and said center of section,
S 88° 3b' 07" W, 1333,09 ft.; thence N 00° 51' 42" W, 1306.42 ft.; thence N 88° 41' 44" E,
1335.48 ft.; thence N 88° 04' 49" E, 1325.78 ft.; thence S 00° 47' 23" W, 792 +t- ft. to an
existing fence line; thence following said fence line S 69° W, 165 +/- ft.; thence leaving said fence
line S $1° W, 340 +/- ft. to an existing Swale; thence fallowing said swale, southwesterly, 490 +l-
ft.; thence leaving said Swale, N 89° W, 430 +l- ft. to the N-S centerline of said Section 2; thence
along said section centerline, S 00° 45' 21" E, 170 +l- ft. to the point of beginning.
Containing 70 acres, more or less.
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Fidelity N~.tion~.l Title
STATE OF CALIFORNIA
COUNTY OF ~C.~. r '7'E
On t"Y1AR.~•ti o1.3 f ~ ~~ ~ , before mc, ~~jr~14w"ir\~S5 ~~~0.hu 1'"t Y7~k_,~,
personally appeared t2.(_,.~C, ~--_~~.,,-,O ~,
personally kno«•n to me (or proved to me
on the basis of satisfactory evidence) to be the person (s) `~ ltosc name (s) is/are subscribed fo the ~ti~itl~in
instrument and acltnon~ledged to me that helsheJthey executed the same in his/her/their authorized
capacity (ies), and that by his/her/their signature (s) on the instrument the person (s) or the entity upon
behalf of `~-hich the person (s) acted, executed the instrument.
,.,.,,~ Y ~ MARYANN RQSS
~VITNES5 my hand and official seal. N COMM. f 1086776 ~
(r "~ NOTARY PUBLIG-CAIIfORNIA V}
4 COUNTY OF BUTTE w
Signature d My Comm. Expkq March 31, 2000
(this area for pfTicial nniarial seal)
Title of Documen
Date of Documen
Other signitures not acknowledged l~.)C