HomeMy WebLinkAboutB15-1637_DeedRestriction
When recorded return to:
County of Butte
Department of
Development Services
Building Division
7 County Center Drive
Oroville, CA 95965-3397
Space above for Recorder’s
Use
SECOND DWELLING UNIT DEED RESTRICTION
WHEREAS, on this July 10, 2015, ROSS R. & FLORA M. CHENOWETH TRUST, hereinafter referred to as Owner(s), is the record owner of the following
real property 126 ALTA AIROSA DRIVE, PALERMO, CA 95968, and as further set forth in Exhibit “A” attached hereto and hereby incorporated by reference, hereinafter referred to as “the
subject property”; and
WHEREAS, Building Permit No. B15-1637 was applied for on 07/09/2015 by the owner in accordance with the provisions of the Butte County Code and the California
Building Code; and
WHEREAS, the use allowed by Building Permit No. B15-1637 has been reviewed and approved as a Second Dwelling unit; and
WHEREAS, Section 24-172 H (Occupancy) of the
Butte County Zoning Ordinance conditions the occupancy of the primary and secondary dwelling units as follows: the owner of the parcel developed with a second unit shall reside in either
the primary dwelling or the second unit; and
WHEREAS, it is intended that this Deed Restriction and Notice of Limited Use Facility shall constitute an enforceable restriction and remain
in effect until a change in use 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allowing such change in use, Owner shall be entitled to have this Deed Restriction and Notice of Limited Use Facility rescinded by the execution of a subsequent document
entitled Rescission of Second Dwelling Unit Deed Restriction by the Director of Development Services; and
NOW, THEREFORE, with the issuance of Building Permit No. B15-1637 to Owner
by Butte County, Owner hereby affirms Owner’s desire to develop a limited use facility, which establishes occupancy restrictions on the dwellings. The undersigned Owner, for himself/herself
and for his/her heirs, assigns, and successors in interest, acknowledges and agrees to the restrictions.
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, this
deed restriction and notice of limited use facility is hereby acknowledged and agreed to by Owner to restrict the use and enjoyment of this limited use facility 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 Building Permit No. B15-1637 consistent with the requirements of 24-172 M of Butte County Code.
DATE: _______________________________________, 20__________
Owner
Signature: _______________________________
_______________________________
Print or Type Name of Above
Owner Signature: ____________________
___________
_______________________________
Print or Type Name of Above
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 )
On ________________________
before me, __________________________, Notary Public, personally appeared ______________________________________________
_________________________________________________, 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)
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 me, __________________________, Notary Public, personally
appeared ______________________________________________
________________________________________________, 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)
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.
Dated: _______________________________
_____________________________________
Tim Snellings, 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 )
On ________________________ before me, __________________________, Notary Public, personally
appeared ______________________________________________
_________________________________________________, 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)