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HomeMy WebLinkAbout99-140~~a~~ ~~ ~~~~~~~~~. C4iJNTY Q~ Bi..~T'1<'E; STA"'~>40F ~~kL1FdRNlA ~~~'~Ollifl~~il ~~~~. 99-140 RESOLUTION FOR AN AGREEMENT RELATING TO RECLASSIFICATION OF ZONE FOR Tibor Reszneki, Kyle Hypes, and Frank Konrad 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: T[BOR RESZNEKI, KYLE HYPES, and FRANK KONRAD and to do and perform everything necessary to carry out the purpose of this resolution. PASSED AND ADOPTED by the Butte County Board oC Supervisors on the 28th day of September,1999, by the following vote: AYES: Supervisors Beeler, Houx, Josiassen, Davis NOES: Chair Dolan ABSENT: None NOT VOTING: None .; ~ , r I . , ~..~_ _ . ___ ' ~ `1A E DOLAN, CHAIR Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the,~oard ~.~ Clerk `._~ CONDITIONAL ZONING AGREEMENT THIS AGREEMENT made this28th~}~~y of septemberl999, by and between "First Party", pis identified in item (a) of Exhibit I of this Agreement, and the COUNTY OF BUTTE, a political subdivision of the State of California, herein called "Second Party". N'I'I'NESSETH WHEREAS, First Party is the owner of real property, herein called the "Property", situated in the County of Butte, which Property is described in ltem (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 paragrriphs: 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: A. Any project proposing to subdivide or develop the property subject to this rezone shall demonstrate one of the following requirements to the Butte County Planning Division in order to demonstrate the availability of a domestic water supply as part of the application for a tentative parcel map or tentative subdivision map: The number of water connections corresponding to the number of proposed parcels, up to a maximum of eighteen, shall be secured from the Del Oro Water Company. ?. A guar.ulte~ ~~I~ service li~om the Del Oro ~ateC Company shall be secured based upon the ability io provide adequate water supply fi-om the proposal water main extension along Pentz Road. >. The Bute C'ounly Environmental Health Department shall be provided with relevant tests anti information that will support, to their satisfactii~n, that adequate groundwater avails-bility exists in sufficient amounts corresponding to the number of proposed parcels up to a maxin~un- ~~1~ci~,htecn. 3. h1 the event First Party, any successor in interest of First Party, or any person in possession of the property described in Ilene (1~ of Exhibit I violates or fails to perform any of the conditions ol~ this Agreement within thirty (3U) days after notice thercoh 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 proccedin~~s to rezone the l~~roperty to the classification speci~icd in Item (b) ofExhibit I or any other suitable classilicatiun. 4. ;~Ot1C(° of violation of provisions of this Agreement shall be sent to First Party at the address specified iu Item (d) of~ Exhibit 1 ~u~d to the street address of the property described in [tcm (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 s}~ecilied in Item (d) of Exhibit 1 by filing with the ('Icrl: of the Board of~ Supervisors oC Second Party lilt address to which the notice is to be sent, with relcrcncc to this Agreement and the Resolution authorizin~;~ its ~~xecutian. ~. In the event suit is brouti~ht by the County Counsel of Second Party to enforce anv of~ the provisions ofthis Agreement, First Part~~ agrees to pay to Second Party a reasonable suns to be fixed by the Court as attorney's ('ccs. 6. Each and every one ofthc previsions of~this agreement herein contained shall bind and inure to the benefit of the successor ii1 interest of oath and every party hereto, in the same manner as it they h~-d herein bc;cn expressly named. IN ~~'ITNI~:SS ~~'IIERN:OF, the p~u-tics hereto have executed this .A~~reemcnt the day and ~~ear tll'Sl anU~'C \l'1'lltetl. r ~ ~ `~ ~ i ~~ V. ~ 1. ~' (,~ ' . _. ,~~ , -~ Tibor Reszneki Kyle Hypes Drank Konrad A!_L-F"URPOSE ACKNOWLEDr'"~IENT i State of ~, County of i ., r. ,- On before me, ~ ' _- - --- ' u,,t„ Name and title of Officer (eg_, "Jane Doe, Notary PubGe" nPr~nnall a _ Pared ~ , Y p p ---- Name(s) of Slgner(~s) ~~ personaity known to me - OR - ^ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that/he/she/they executed the same in his/her/their autho- rized capacity(ies), and that by~his/her/their signatureFs) on the instru- ment, the persons}, or the entity upon behalf of which the person('s) taWN~oaen.,~ama~aassJ~,asua+-+~~va ~ ~'~.'•='- acted, executed the instrument. r=~fIMA SAHILt. ~:, u., -~ t;OMM.4ri181165 ~~ WITNESS my hand and official seal. ~ N~;,~"fARY PUi3LIC - CAUFORfiJU~ 5 •m LOS ANaELESCOUNTY - AAy Commis ,Icn Expires April 30, 20G2 ~ ~ ~ ~ w®~~a~~~®r~arame~v®esi~a~en,l~9~~~ey° - Siyna[u~e of Notary Public OPTIONAL Thnuyh the data hchw is nit required by law, it may prove valuable to persons relyiny on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document l a!e or ! ype of Document: _ Dr!~:~~~ment Date Signer(s) Other Than Named Above:_ Capacity(ies) Claimed by Signer(s) ~ignPr's Name J Individual Corporate Officer Title(sj: - __ ___ J Partner - ^ Limited !~ General Attorney-in-Fact '~ Trustee J Guardian or Conservator 'J Other: Signer Is Representing: Top of thumb here Number of Pages: ~ ______._ Signer's Name ^ Individual ^ Corporate Officer Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here "~029dCA (RD1 Otir9d) 1994 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7'184 -Canoga Park, CA 91309-7184 ?. A gu~Irantee of service li-onl the Del Oro Water Company shall he secured based upon the ability to provide adequate water supply from the propi~sed eater main extension along Pentz Road. 3. "hhe Bultc County Environmental Health Department shall be pro~~ided with relevant tests and information that will support, to their satisfaction, that adequate groundwater availability exists in sufficient amuuills correspundin~.~ to the number of~ proposed parcels up to .- maximum ol~cighteen. 3. In the event First Party, any successor in interest of First Party, or any person in possession of the property described in Item (I) of Exhibit I violates or tails to perform any of the conditions oC this Agreement within thirty (30) days aiier notice thereof as provided in Paragraph ~, the Board of Supervisors of Second Party Inay instruct the County Counsel oC Second Party to institute Iegal proceedings to enforce the provisions of this Agreement. 'I~he Board of Supervisors of Second Party play also initiate procccdin~~s ~o reune the property to ti~iu classi~ication specified in [tem (b) of Exhibit I or any other suitable classification. 4. tiotice of violation u(~provisions of this Agreement shall be sent to First Party at the address specified in Item (d) of Exhibit 1 ~uul to the street address of the property described in Item (d) of Exhibit 1. Any subsequent title holder, any lien holder, ur 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 riling 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 authorising its e~ccution. ~. In [he event suit is bruu~~ht b~~ the County Counsel of Second Party to enforce Inv oi~ the pro ~isiuns oCthis Agreement, l~irsl Part~r a,~recs w pa~~ to Second Party a reasonable sunl to be fixed by the C'uurt as attorney's foes. 6. Each and every one of the provisions ofthis agrec;ment herein contained shah bind and 1nUI'e l0 the benClll l)f the SLICCCSSOr 111 111(eCeSl l)f each aI1Cl eve!"y early hel'eto, 111 the Sally lllanllCr aS 1~ Ihe)' had herein been expressly named. IN ~~'I"CHESS «'HERL:O1~, tie parties hereto have executed this Agreement the da_y ~unl year lust abo~,~,_ ..rifle,,. Tibor Rescneki ' ~ f~lj~ Kylcypcs ,,`/~/~ Frank Konrad CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No s9o~ State of '`: N County of ( %~~ ~ ~~~~~C~c_% i", ~ DATE ~ NAME. TITLE OF OFFICER - EG.. "JANE DOE. NOTARY PUBLIC" , /,~_/-,.-h,~~"~~,~ personally appeared , - _-__- __ ~ ~ NAMES) OF SIGNER(S) ~` 'personally known to me - OR - ^ proved to me on the basis of satisfactory evidence ~ , `~u to be the persons whose name(. is/~ ,~~ `'1 `; subscribed to the within instrument and ac- ~`~~ knowledged to me that he/s~e/tJ~y executed ''~ Q ~, the same in his/ly~..r/th~r authorized ;a capacity(i~, and that by his/I~er/th~;tr ~-; `~ signature;( on the instrument the person(, i- `~"j +~ , or the entity upon behalf of which the ~ =,y persons=) acted, executed the instrument. i `"~; RENEE P. URSINO ~~ Commision X1186193 Notary Public - Calltomia WITNESS my hand and official seal. ,x ~ Santa Clara County My Carus. Expires JUNE 5, 2002 ~--~_ ~ ~ ~ s ~ ' C~ ,,~ .,:4, SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER L{~ INDIVIDUAL ^ CORPORATE OFFICER TITLES) ^ PARTNER(S) ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT C.' v d~,Yl;,~c.~ C~sc~~ ors _-y„~i1x,`'.s~r~;' ;-' ~~.. TITt OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 A guarantee of~ service from the Del Oro Water Company shall be secured based upon the ability to provide adequate water supply From the proposed water main extension along Pentz Road. The Butte County E-l~~ironmental Health Department shall be provided with relevant tests and infornlation that will support, to their satisfaction, that adequate groundwater availability exists in sufficient amounts corresponding to the number of proposed parcels up to a maximum of eighteen. 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 1 viulates 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 speciiied in Item (b) of Exhibit I or any other suitable classification. 4. Notice of violation of provisions oi~ ibis Agreement shall be sent to First Party at the address specified in Item (d) of [:xhibit 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 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 iixed'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 hcrci-1 been expressly named. IN ~~I'I'NESS WHEREOF, the parties hereto have, executed this Agreement the da}~ and year first above written. Tibor Reszneki Kyle H .pes r ~.~ ,mot- Frank Konrad CALIFORNIA ALL-Pt1RPOSE ACKNOWLEDGMENT State of California County of Orange On October 29, 1999 before me, Sharma M. Rodriguez, Notary Public , Daft Vau~c :uul 'I'itlc ut'Ot7iccr personally appeared ***Frank Konrad*** , V'ame ul~siyier ~ .,,~.;~ SNANNA M. RGDRIGUFZ Commission, # 1224465 Z z •~ ~ ~- Notary Public - Califocrtip ~ Jranye CQUnty My Ccxrrm. ~iri:, Jun 13, 20Q3 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and ot~icial seal. ~ ~ , ~~ OPTIONAL Description of Attached Document Title or Type of Document: Conditional Zoning Agreement Document Date: October 29 1999 #of Pages 3 Sigmer(s) Other Than Named Above: None COUNTY OF BUTTE, a political subdivisi~u of the State of California ~ ~`~ . _._ By Jane olan, Chair Butte bounty Board of Supervisors .~ _ ~ ATTEST: ~ ~ ./' ' '7 ~ ~~'~,~~:~ Clerk of thc~B~ard of Supervisors "Second Party" SEP 2 ~ 1999 EXHIBIT 1 Agreement (a) "First Party", as urea in this Agreement, includes each and all of the following: Tibor Res~.neki, K~l~ Hy.~.~and Frank Konrad (b) The property is now zoned: AR-2.5 (Agricultural Residential, 2.5-acre Parcels (c) The zoning reclassification of the property is from its present zoning to: AR-1 Agricultural Residential. 1-acre Parcelsl (d) Notice to First Party pursuant to Paragraph No. 4 shall be addressed to: EC26 Lindley Avenue Reseda, CA 91335, and 1491 Holy 4 r t, ~ih~ov _GA 95029 (e) The change in zoning classification pursuant to Paragraph No. 4 shall be to: AR-l ~A~ric~-ltural Residential, 1-acre Parcelsl (f) "Property", as used in this Agreement, includes; All that certain rcal property situate in the County of Butte, State of California, described as follows: All of the property lying within the bounds of Lots 2 and 3 as shown on that certain Map entitled, "Parcel Map of Phase II for Attila Kasza Et Al," which Map was recorded in the Office of the Recorder of the County of Butte, State of California, on July 2, 1993, in Book 129 of Maps at Pages 82 and 83. 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