HomeMy WebLinkAboutB22-4203 Recorded Deed Restriction2023-0010546
Butte
Keaton Denlay
County Clerk-Recorder
04/19/2023 12:06 PMWhen recorded return to:
County of Butte
Department of
Development Services
Building Division
7 County Center Drive
Oroville, CA 95965-3397
CONFORMED COPY
Copy of document recorded.
Has not been compared with original.
Space above for Recorder’s Use
AGRICULTURAL WORKER HOUSING CENTER
DEED RESTRICTION
WHEREAS, on this September 9, 2022, KEITH W. BOOK AND MAXINE J.
BOOK, TRUSTEES OF THE KEITH W. BOOK AND MAXINE J. BOOK REVOCABLE
TRUST hereinafter referred to as Owner(s), are the record owners of the following real
property 153 HEAVY HORSE LANE, DURHAM, CA 95938 (APN: 040-570-019), and
further set forth In Exhibit “A” attached hereto and hereby incorporated by reference,
hereinafter referred to as “the subject property”; and
II. WHEREAS, the subject property is part of a Land Conservation Agreement,
entered into on February 26, 1985, by Estate of Mary Armstrong, in accordance with
the provisions of the Butte County Code and the Land Conservation Act; and
WHEREAS, Administrative Permit ADM22-0040 was applied for on August 25.
2022 by the owner in accordance with the provisions of the Butte County Code; and
WHEREAS, the use allowed by Administrative Permit ADM22-0040 has been
reviewed and approved as an Agricultural Worker Housing Center; and
V. WHEREAS, Section 24-14.G (Agricultural Worker Housing Center) of the Butte
County Zoning Ordinance, an agricultural worker housing center, requires recordation of
a covenant of restriction to run with the land which specifies that the agricultural worker
housing center cannot be sold separately, that the housing shall only be used to house
agricultural workers and their families, and that these restrictions shall be binding
successors in ownership; and
I.
as
III.
IV.
on
Curtis Johnson
Assistant Director
VI.WHEREAS, Section 24-14.G further requires that the agricultural worker housing
center shall be located in an area that will present the least amount of impact to
agricultural resources (e.g., close to existing access and other structures, and in a
location that will present the least amount of disturbance to agricultural resources and
operations), with the area of disturbance devoted to the agricultural worker housing and
accessory uses limited to one contiguous acre. The existing house and barn are the only
structures on the parcel as depicted on the site plan for Administrative Permit ADM22-
0040 submitted to and accepted by the Department of Development Services and is filed
with the documentation for Administrative Permit ADM22-0040. Any future development
will be required to identify the one-acre area to be devoted to the agricultural worker
housing, including the existing house and barn, and accessory uses; and
WHEREAS, it is intended that this Agricultural Worker Housing Center Deed
Restriction shall constitute an enforceable restriction and remain in effect until a change
or law has occurred, either of which change allows the use otherwise restricted
herein to be conducted on the real property described herein. Under either circumstance
allowing such change in use, Owner shall be entitled to have this Agricultural Worker
Housing Center Deed Restriction rescinded by the execution of a subsequent document
entitled Rescission of Agricultural Worker Housing Center Deed Restriction by the
Director of Development Services;
NOW, THEREFORE, with the issuance of Administrative Permit ADM22-0040 to
Owner by Butte County, Owner hereby affirms Owner’s desire to develop an agricultural
worker housing center, which establishes occupancy restrictions on the dwelling. The
undersigned Owner, for himself/herself and for his/her heirs, assigns, and successors in
interest, acknowledges and agrees to the restrictions. The subject agricultural worker
housing center cannot be sold separately and shall be used only to house agricultural
workers and their families.
This deed restriction and notice of occupancy restrictions shall remain in full force
and effect during the period that this permit, or any modification or amendment thereof,
remains effective, and during the period that the development authorized by this permit,
or any modification of this development, remains in existence in or upon any part of, and
thereby confers benefit upon, the subject property described herein, and to that extent,
VII.
in use
Curtis Johnson
Assistant Director
this deed restriction is hereby acknowledged and agreed to by Owner to restrict the use
to an agricultural worker housing center and shall be binding on Owner and all his/her
assigns or successors in interest.
This document shall be recorded and returned to the Butte County Department of
Development Services, Building Division prior to the issuance of Administrative Permit
ADM22-0040, consistent with the requirements of Section 24-14.G of the Butte County
Zoning Ordinance.
DATE:20
Owner Signature:
Curlis Johnson
Assistant Director
NOTE TO NOTARY PUBLIC: If you are notarizing the signatures of persons, signing on
behalf of a corporation, partnership, trust, etc., please use the correct notary jurat
(acknowledgment) as explained in your Notary Public Law Book.
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)SS.
COUNTY OF BUTTE )
beforeOn IS
Public, personally appeared \Y\<xX
Notary
^ , who 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 acknowledged to me that he/she/they 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 which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
n.f I
I
M. ALEXAKpER
^ Notary Public l California |Butte County
V Commljjion # 2423760
My Comm, £xeir« Oct J7, 20261
V M,ALEXANDER
'"cV^^Pubifc l Caiifc -iaCounty
CommiHion # 242:7*5
i Conm, ExphK Oct 2 7, 2026i
i
i
Curtis Johnson
Assistant Director
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)SS.
COUNTY OF BUTTE
On before mey7Tlc<JUX^jU\<Aj^^
Public, personally appeared v^yv\ ^^oqV<-
)
Notary
, who 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 acknowledged to me that he/she/they 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 which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
M. ALEXANDes
''oMry Public-California T
i* 'ry JM~T' Butte County I
Commij»lon#242376l f
_l II
I
_ ***'^1°'"'"; Oct 27, 2026 t
Curtis Johnson
Assistant Director
This is to certify that the Deed Restriction set forth above is hereby acknowledged
by the Director of the Department of Development Services and that Butte County
consents to its recordation thereof.
Z^7-l^-Z3Dated;
Curtis Jonnson, Assistant Director
Department Development Services
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)SS.
COUNTY OF BUTTE )
before me, Oxcs
Public, personally appeared ^
On Notary
, who 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 acknowledged to me that he/she/they 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 which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.A l a
\kaooandouavang i
Noury Public-California I
Buttf County ~
Commission # 2332727 r
Comm. Expires Au| 3l, 202< ?
i
Li
Signature
(Seal)
Curtis Johnson
Assistant Director
EXHIBIT A
LEGAL DESCRIPTION
The property of the OWNER hereinabove referred to and to which the provisions of this
Agricultural Worker Housing Center Deed Restriction apply is situated in the County of Butte,
State of California and as particularly described as follows:
PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON APRIL 28,2004 IN BOOK
159 OF MAPS, AT PAGE(S) 82, 83 AND 84.
TOGETHER WITH AND RESERVING THEREFROM AN EASEMENT FOR ROAD AND PUBLIC
UTILITY PURPOSES, SHOWN AS EXHIBITS A, B AND C, IN DEED RECORDED APRIL 28 2004
UNDER BUTTE COUNTY RECORDER’S SERIAL NO. 2004-24563.
APN: 040-570-019
Curlis Johnson
Assistant Director