HomeMy WebLinkAbout41821
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Ordinance No. 41
AN ORDINANCE TO AMEND CHAPTER 24 OF BUTTE COUNTY CODE, ENTITLED
"ZONING," MAKING AMENDMENTS TO THE OFFICIAL ZONING MAP PERTAINING
TO THE ROYAL FAMILY TRUST, REZONE REZ19-0002 FROM GC TO AG -40 AND
AG -40 TO GC
The Board of Supervisors of the County of Butte, State of
California, under and pursuant to Chapter 24, Article 38, Zoning
Ordinance Amendments of Butte County Code, ordains, as follows:
Section 1. The hereinafter described approximately 1.16 acres of t
305.16 parcel (APN 041-120-129), situated in the County of Butte,
State of California, shall hereby be zoned as GC (General Commercial) ;
and such area shall be subject to the restrictions and restricte
uses and regulations pursuant to Butte County Code Chapter 24, Articl
II, Division 4 - Commercial and Maxed Use Zones. Said area i
described in Exhibit "A" and shown on Exhibit "C"
Section 2. The hereinafter described approximately 1.16 acres,
previously part of the 5.0 acre parcel (APN 041-120-128), situate
in the County of Butte, State of California, shall hereby be zone
as AG -40 (Agriculture 40 -acre minimum); and such area shall be subjec
to the restrictions and restricted uses and regulations pursuant t
Butte County Code Chapter 24, Article II, Division 1 - Agricultura
Zones. Said area is described in Exhibit "A" and shown on Exhibit
%1C...
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Section 3. The hereinafter described approximately 3.86 acres,)
previously part of the 5.0 acre parcel (APN 041120-128), situate
in the County of Butte, State of California, shall remain zoned a
GC (General Commercial); and such area shall be subject to th
restrictions and restricted uses and regulations pursuant to Butt
County Code Chapter 24, Article II, Division 4 - Commercial and Mixe
Use Zones. Said area is described in Exhibit "B" and shown on Exhibi
..C.,.
Section 4. Severability. If any provision of this Ordinance or t
application thereof to any person or circumstances is for any reaso
held to be invalid by a court of competent jurisdiction, suc
provision shall be deemed severable and the invalidity thereof steal
not affect the remaining provisions or applications of the Ordinanc
which can be given effect without the invalid provision or applicati
thereof.
Section 5. Effective Date and Publication. This Ordinance shall to
effect thirty (30) days after the date of its passage. The Clerk o
the Board of Supervisors is authorized and directed to publish thi
ordinance before the expiration of fifteen (15) days after it
passage. This Ordinance shall be published once, with the names o
the members of the Board of Supervisors voting for and against it,
in the Chico Enterprise Record, a newspaper published in the Count
of Butte, State of California. Pursuant to Government Code sectio
25124, a complete copy of this ordinance is on file with the Clerk
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of the Board of Supervisors and is available for public inspectio
and copying during regular business hours in the office of the Cler
of the Board of Supervisors, 25 County Center Drive, Oroville, CA.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
,State of California, on May 26, 2020, by the following vote:
AYES: Supervisors Connelly, 1,ucero, Ritter, Teeter, and Chair 1,ambert
NOES: None
ABSENT: None
ABSTAIN: None
STEVE LAMBERT, Chair of the
Butte County Board of Supervisors
ATTEST:
SHARI MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
By:
Deputy
Page - 3
Exhibit "A"
LEGAL DESCRIPTION
ROYALTRUST
AREA FOR RE -ZONE
ALL THAT REAL PROPERTY DESCRIBED AS A PORTION OF WAIVER PARCEL 2, AS FILED FOR
RECORD AS RECORDER'S SERIAL NUMBER 2001-23293, LYING IN SECTION 27, TOWNSHIP 21
NORTH, RANGE 3 EAST, M.D.M., BUTTE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A'/z INCH REBAR TAGGED L.S. 3346 MARKING THE SOUTHEAST CORNER OF
THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED TO WILLIAM A. RETZER, DATED
SEPTEMBER 26, 1990, FILED FOR RECORD AT RECORDER'S SERIAL NUMBER 90-41665, AS DEFINED
BY THAT SURVEY SHOWN ON THAT CERTAIN RECORD OF SURVEY FOR WILLIAM A. RETZER AS
FILED FOR RECORD IN BOOK 137 MAPS AT PAGE 48, AND ALSO SHOWN ON THAT CERTAIN RECORD
OF SURVEY FOR LANA GUNN AS FILED FOR RECORD IN BOOK 182 AT PAGES 35 THROUGH 41;
THENCE N 89014'58" E, ALONG THE SOUTHERLY LINE OF SAID RETZER PARCEL, 659.39 FEET, TO
A POINT LOCATED 40.00 FEET, PERPENDICULARLY MEASURED FROM THE CENTERLINE OF CLARK
ROAD; THENCE S 15°22'21" W, PARALLEL WITH THE CENTERLINE OF CLARK ROAD, 256.57 FEET,
TO THE TRUE POINT OF BEGINNING FOR THE AREA TO BE RE -ZONED; THENCE CONTINUING
S 15°22'21" W, p3.' j9 F ET, T�IP-/'N E S 74""'37'39" ; ;22: X4"71","FT; 1 ENGIE.N 15°22'21" E, 187.23
FEET; THENCE N 74°37'3 " W THEO#C N1 a 2"'2T1" t,, 445.70 FEET; THENCE
N 74037'39" W,1 .30 FEET, TG TH;,EV OINT OF BEdlf��1�NG'� AN6,CONT'AINING` 1.'C6 ACRES, MORE OR
LESS.
THE LANDS DESCRIBED IN THE ABOVE LEGAL DESCRIPTION ARE FOR REZONING AND FOR A
GENERAL PLAN AMENDMENT PURPOSES ONLYAND ARE NOT INTENDED FOR THE CREATION OF
A SINGLE UNIT OF LAND..
END OF DESCRIPTION
PREPARED BY:
JOHN D. CHRISTOFFERSON, P.L.S.
G.D.A., ENGINEERING & SURVEYING
C:IMYFILESICONTRACTS12019 CONTRACTS119-031 ROYAL119031TO BE REZONED.wpd
November 7, 2019
LEGAL DESCRIPTION
ROYAL TRUST
LOT LINE ADJUSTMENT
RESULTANT PARCEL TWO
ALL THAT REAL PROPERTY DESCRIBED AS A PORTION OF WAIVER PARCEL 2, AS FILED FOR
RECORD AS RECORDER'S SERIAL NUMBER 2001-23293, LYING IN SECTION 27, TOWNSHIP 21
NORTH, RANGE 3 EAST, M.D.M., BUTTE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A % INCH REBAR TAGGED L.S. 3346 MARKING THE SOUTHEAST CORNER OF
THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED TO WILLIAM A. RETZER, DATED
SEPTEMBER 26, 1990, FILED FOR RECORD AT RECORDER'S SERIAL NUMBER 90-41665, AS
DEFINED BY THAT SURVEY SHOWN ON THAT CERTAIN RECORD OF SURVEY FOR WILLIAM A.
RETZER AS FILED FOR RECORD IN BOOK 137 MAPS AT PAGE 48, AND ALSO SHOWN ON THAT
CERTAIN RECORD OF SURVEY FORLANA GUNN AS FILED FOR RECORD IN BOOK 182 AT PAGES 35
THROUGH 41; AND THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED PARCEL; THENCE
N 15°07'57" E, ALONG THE EASTERLY LINE OF SAID RETZER PARCEL, 348.04 FEET, TO A 1/2 INCH
REBAR TAGGED L.S. 4208, SAID REBAR MARKING THE SOUTHWEST CORNER OF THAT CERTAIN
FIVE ACRE PARCEL DESIGNATED "RESULTANT PARCEL 1" AS SHOWN ON THAT RECORD OF
SURVEY FOR LANAGUNN AS RECORDED IN BOOK 182 MAPS, AT, PAGES 35,THRQ,UGH 41; THENCE
N 89° 12'36" E, AI.Nb� Tkt SO0�THI,8OUNDARI�'OF SAID S ACRE PARCEL, 557.69 FEET, TO A'h INCH
REBAR TAGGED L.S: 420,#; ;
THENCE N 15°07'57" W, 311.97 FEET, TO A POINT ON THE SOUTH BOUNDARY OF DURHAM PENTZ
ROAD AS CONVEYED TO THE COUNTY OF BUTTE BY DEED DATED MARCH 26, 2001 AND FILED FOR
RECORD AT RECORDER'S SERIAL NUMBER 2001-23291, SAID POINT BEING MARKED UPON THE
GROUND BY A ONE-HALF INCH REBAR TAGGED L.S. 3346;
THENCE N 89012'36" E, ALONG THE SOUTH BOUNDARY OF SAID COUNTY PARCEL, 1984.89 FEET,
TO A % INCH REBAR TAGGED L.S. 4208, MARKING THE BEGINNING OF A NON -TANGENT CURVE TO
THE RIGHT, HAVING A RADIUS OF 3659.81 FEET, A DELTA OF 7049'47", AND A RADIAL LINE THAT
BEARS S 00047'34"; THENCE SOUTHEASTERLY ALONG SAID CURVE, 500.13 FEET, TO THE END OF
SAID CURVE;
THENCE S 82058'14" E, 548.41 FEET, TO A'/2" REBAR TAGGED L.S. 4208, SAID REBAR MARKING THE
BEGINNING OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 4439.78 FEET, A DELTA
OF 05049'04", AND A RADIAL LINE THAT BEARS N07°02'43" E;
THENCE SOUTHEASTERLY ALONG SAID CURVE, 450.82 FEET, TO A POINT ON THE EASTERLY LINE
OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 21 NORTH, RANGE 3 EAST, M.D.M.
THENCE S 00005'38" E, 2598.52 FEET, TO THE SOUTHEAST CORNER OF SAID SECTION, SAID
CORNER BEING MARKED UPON THE GROUND BY A 3.75 INCH BRASS TOPPER STAMPED L.S. 3634;
PAGE 1 OF 2
LEGAL DESCRIPTION
RESULTANT PARCEL 2
PAGE 2OF2
THENCE S 89 °25'27" W, ALONG THE SOUTH LINE OF SAID SECTION, 2670.34 FEET, TOT HE SOUTH
ONE-QUARTER SECTION CORNER OF SAID SECTION, SAID CORNER BEING MARKED UPON THE
GROUND BY A 2" ALUMINUM CAT STAMPED L.S. 7208; THENCE S 89025'27" W, 2670.34 FEET, TO THE
SOUTHWEST CORNER OS SAID SECTION, SAID CORNER BEING MARKED UPON THE GROUND BY
A 2 INCH IRON PIPE WITH AN ALUMINUM CAP STAMPED L.S. 4208, THENCE S 89032'13" W, ALONG
THE SOUTH LINE OF SECTION 28, 147.66 FEET, TO A POINT ON THE CENTERLINE OF CLARK ROAD,
SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 8999.54 FET,
A DELTA OF 01 °02'56", AND A RADIAL LINE THAT BEARS S 75040'36"E;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 164.77 FEET, TO THE END
OF SAID CURVE;
THENCE N 15022'21" E, 22011.54 FEET, TO THE SOUTHWEST CORNER OF SAID RETZER PARCEL;
THENCE S 89012'36" W, 701.03 FEET, TO THE POINT OF BEGINNING, AND CONTAINING 305.84
ACRES, MORE OF LESS.
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE CALIFORNIA COORDINATE
SYSTEM, ZONE 2, N.A.D. 83, EPOCH 2002.00. DISTANCES ARE GRID. TO CALCULATE SURFACE
MEASUREMENTS, MULTIPLY BY A COMBINATION FACTOR OF 1.000051.
THE LOT LINEADJUSTMENTAS REFLECTED IN THEABOVE DESCRIBED LEGAL DESCRIPTION WAS
APPROVED BY BUTTE COUNTY ON XXXXXXXXX. ALL UNDERLYING PARCEL LINES, IF ANY, ARE
HEREBY EXTINGUISHED. NO ADDITIONAL PARCELS WERE CREATED.
THE SCOPE OF REVIEW OF SAID LOT LINE ADJUSTMENT WAS LIMITED AS SPECIFIED IN
GOVERNMENT CODE SECTION 66412(d), AND APPROVAL OF IT DOES NOT CONSTITUTE
ASSURANCE THAT FUTURE APPLICATIONS FOR BUILDING PERMITS OR OTHER LAND USE
ENTITLEMENTS ON THE MODIFIED LOTS OR PARCELS WILL BE APPROVED BY THE COUNTY OF
BUTTE.
END OF DESCRIPTION
****************************************************************************************************
1=149�309_93 "Ma
JOHN D. CHRISTOFFERSON, P.L.S.
G.D.A., ENGINEERING & SURVEYING
CWYFILESICONTRACTS12019 CONTRACTS119-031 ROYAL119031 RESULTANT 2.wpd
November 7, 2019
Exhibit B
LEG °°L DESCRIPTION
ROYAL TRUST
LOT LINE ADJUSTMENT
RESULTANT PARCEL ONE
ALL THAT REAL PROPERTY DESCRIBED AS A PORTION OF WAIVER PARCEL 2, AS FILED FOR
RECORD AS RECORDER'S SERIAL NUMBER 2001-23293, LYING IN SECTION 27, TOWNSHIP 21
NORTH, RANGE 3 EAST, M.D.M., BUTTE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A'/2 INCH REBAR TAGGED L.S. 3346 MARKING THE SOUTHEAST CORNER OF
THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED TO WILLIAM A. RETZER, DATED
SEPTEMBER 26, 1990, FILED FOR RECORD AT RECORDER'S SERIAL NUMBER 90-41665, AS
DEFINED BY THAT SURVEY SHOWN ON THAT CERTAIN RECORD OF SURVEY FOR WILLIAM A.
RETZER AS FILED FOR RECORD IN BOOK 137 MAPS AT PAGE 48 AND ALSO SHOWN ON THAT
CERTAIN RECORD OF SURVEY FOR LANA GUNN AS FILED FOR RECORD IN BOOK 182 AT PAGES 35
THROUGH 41; THENCE N 15°07'57" E, ALONG THE EASTERLY LINE OF SAID RETZER PARCEL, 348.04
FEET, TO A 1/2 INCH REBAR TAGGED L.S. 4208, SAID REBAR MARKING THE SOUTHWEST CORNER
OF THAT CERTAIN FIVE ACRE PARCEL DESIGNATED "RESULTANT PARCEL 1" AS SHOWN ON THAT
RECORD OF SURVEY FOR LANA GUNN AS RECORDED IN BOOK 182 MAPS, AT PAGES 35 THROUGH
41, AND THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED PARCEL; THENCE
CONTINUING N 15007'57" E, ALONG THE EASTERLY LINE OF SAID RETZER PARCEL, 311.97 FEET,
TO A POINT ON THE SOUTH BOUNDARY OF DURHAM PENTZ ROAD AS CONVEYED TO THE COUNTY
OF BUTTE BY DEED DATED MARCH 26, 2001 AND FILED FOR RECORD AT RECORDER'S SERIAL
NUMBER 2001-23291, SAID POINT BEING MARKED UPON THE GROUND BY ONE-HALF INCH REBAR
TAGGED L.S. 3346 PER SAID MAP BUT NOW TAGGED L.S. 4208; THENCE N 89°1216.." E, ALONG THE
SOUTH BOUNDARY OF SAID COUNTY PARCEL, 557.69 FEET, TO A % INCH REBAR TAGGED L.S. 4208;
THENCE S 15°07'57" E, LEAVING SAID BOUNDARY, 311.97 FEET, TO A% INCH REBAR TAGGED L.S.
4208, SAID REBAR BEING ON THE SOUTH BOUNDARY OF SAID 5.00 ACRE PARCEL; THENCE S
89012'36" W, PARALLEL WITH THE SOUTH BOUNDARY OF SAID COUNTY PARCEL, 557.69 FEET, TO
THE POINT OF BEGINNING AND CONTAINING 3.84 ACRES, MORE OR LESS.
THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE CALIFORNIA COORDINATE
SYSTEM, ZONE 2, N.A.D. 83, EPOCH 2002.00. DISTANCES ARE GRID. TO CALCULATE SURFACE
MEASUREMENTS, MULTIPLY BY A COMBINATION FACTOR OF 1.000051.
THE LOT LINE ADJUSTMENT AS REFLECTED INTHE ABOVE DESCRIBED LEGAL DESCRIPTION WAS
APPROVED BY BUTTE COUNTY ON XXXXXXXXX. ALL UNDERLYING PARCEL LINES, IF ANY, ARE
HEREBY EXTINGUISHED. NO ADDITIONAL PARCELS WERE CREATED.
THE SCOPE OF REVIEW OF SAID LOT LINE ADJUSTMENT WAS LIMITED AS SPECIFIED IN
GOVERNMENT CODE SECTION 66412(d), AND APPROVAL OF IT DOES NOT CONSTITUTE
ASSURANCE THAT FUTURE APPLICATIONS FOR BUILDING PERMITS OR OTHER LAND USE
ENTITLEMENTS ON THE MODIFIED LOTS OR PARCELS WILL BE APPROVED BY THE COUNTY OF
BUTTE.
END OF DESCRIPTION
PAGE 1 OF 2
LEGAL DESCRIPTION
RESULTANT PARCEL 1
PAGE 2 OF 2
PREPARED BY:
JOHN D. CHRISTOFFERSON, P.L.S.
G.D.A., ENGINEERING & SURVEYING
CWYFILMCONTRACTSU019 CONTRACT9119-031 ROYAW9031 RESULTANT l.wpd
November 7, 2019
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