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HomeMy WebLinkAboutUP 02-12py. .. '•r ._.acv �J `a. ... t PROJECT SUMMARY SHEET FILE #: UP02-12 PROJECT TYPE: Use Permit APPLICANT: Marc Nix ADDRESS: 3377 Nord Avenue, Chico, CA 95973 OWNER: same ADDRESS: REPRESENTATIVE: ADDRESS: , PROJECT DESCRIPTION: Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation PROPERTY ZONED: A-5 (Agricultural - 5 acre parcels) LOCATED: at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue, north Chico. AP#: APN 042-050-072 TOWN/AREA: Chico GENERAL PLAN DESIGNATION: Orchard and Field Crops 1. Application accepted: 1/5/02 Amount: $ 1078.00 Receipt #: 20137 2. Comments sent to: DDs, PW, Assessor, EH, LAFCo, City of Chico, Ag. Comm., CDF 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Craig Sanders 7. Environmental Determination: State Clearinghouse No: NJP� categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish & Game. �o Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes CNN) Date Sent to SCH: 10. Publication Notice Written:Display Ad Prepared: 11. Notices Mailed: L4– 72 3'd Number of Notices: CZ 12. Newspaper Publication Date:as — Oa O I C I P G B 13. Planning Commission Hearing(s): Action taken: 14. Board of Supervisors' Hearing(s): x,044 • 'Q A44 Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature:' 16. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit / Variance to Planning Technician: ENDFIELD 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 FT.,,- X11 cAvJ l Q P, 0, (�S-7 as�Fz- 9 �J or• �y o �- �,y,E_ 02-272 A Matter on Which a PublicHearing Has Been Held and a Motion`of Intent Adopted -` Marc Nix r) Appeal of a Denial of a Use Permit (UP 02-12,\APL 02='07) - on July 9, 2002, the Board convened a public. hearing to consider an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 84- 36 on the remaining property of a home site segregation on property zoned A-5 (Agricultural - 5 acre parcels) and located on the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue in the north Chico area, and identified as APN 042-050-072. The Board adopted a Motion of Intent to approve the appeal and directed staff to prepare the necessary actions for approval - action requested: 1. FIND THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW UNDER SECTION 15303(a) -CLASS 3, THE CONSTRUCTION OF A SINGLE FAMILY DWELLING; AND 2. SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF REPORT DATED AUGUST 6, 2002, APPROVE THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 84-36 ON THE REMAINING PROPERTY OF A HOME SITE SEGREGATION. (DEVELOPMENT SERVICES [FROM 8-13-02/4.05]) (**2703) MOTION: I MOVE TO FIND THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW UNDER SECTION 15303(a) -CLASS 3, THE CONSTRUCTION OF A SINGLE FAMILY DWELLING; AND SUBJECT TO FINDING II(A) AS DETAILED IN THE STAFF REPORT DATED AUGUST 6, 2002, FURTHER MOVE TO APPROVE THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 84-36 ON THE REMAINING PROPERTY OF A HOME SITE SEGREGATION. S M VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried) Y BUTTE COUNTY BOARD OF SUPERVISORS = MINUTES - August 27, 2002 02-249 A Matter on Which a Public Hearing Has Been Held and a Motion of Intent Adopted �- Marc Nix lAppeal of a Denial of a Use Permit (UP 02-12, APL 02-07) - on July 9, 2002, the Board convened a public hearing to consider an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a home site segregation on property zoned A-5 (Agricultural - 5 acre parcels) and located on the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue in the north Chico area, and identified as APN 042-050-072. The Board adopted a Motion of Intent to approve the appeal and directed staff to prepare the necessary actions , for approval - action requested: FIND THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW UNDER SECTION 15303(a) -CLASS 3, THE CONSTRUCTION OF A SINGLE F A M I L Y D W E L L I N G; A N D 2. SUBJECT TO FINDING II(A) AS DETAILED IN THE STAFF REPORT DATED AUGUST 6, 2002, APPROVE THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 84-36 ON THE REMAINING PROPERTY OF A HOME SITE SEGREGATION. (FROM 7-9-02 [5.01]) (1135) THE APPLICANT REQUESTED THE ITEM BE CONTINUED TO AUGUST 27, 2002, DUE TO HIS INABILITY TO BE PRESENT AT TODAY'S HEARING. BOARD DIRECTION THAT THE ITEM BE CONTINUED TO AUGUST 27, 2002. BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES.- August 13, 2002 02-272 A Matter on Which a Public Hearing Has Been Held and a Motion of Intent Adopted-CMarc-,Nix ---Appeal of a Denial of a Use Permit,,r(UP 02-12;"APL 02-07) — on July 9, 2002, the Board conveined a public hearing to consider an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 84- 36 on the remaining property of a home site segregation on property zoned A-5 (Agricultural - 5 acre parcels) and located on the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue in the north Chico area, and identified as APN 042-050-072. The Board adopted a Motion of Intent to approve the appeal, and directed staff to prepare the necessary actions for approval - action requested: 1. FIND THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW UNDER SECTION 15303(a) -CLASS 3, THE CONSTRUCTION OF A SINGLE FAMILY DWELLING; AND 2. SUBJECT TO FINDING II(A) AS DETAILED IN THE STAFF REPORT DATED AUGUST 6, 2002, APPROVE THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 84-36 ON THE REMAINING PROPERTY OF A HOME SITE SEGREGATION. (DEVELOPMENT SERVICES [FROM 8-13-02/4.05]) (**2703) MOTION: I MOVE TO FIND THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW UNDER SECTION 15303(a) -CLASS 3, THE CONSTRUCTION OF A SINGLE FAMILY DWELLING; AND SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF REPORT DATED AUGUST 6, 2002, FURTHER MOVE TO APPROVE THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 84-36 ON THE REMAINING PROPERTY OF A HOME SITE SEGREGATION. S M VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried) BUTTE COUNTY BOARD OF SUPERVISORS - MINUTES - Augusts 27, 2002 02-249 A Matter on Which a Public Hearing Has Been Held and a Motion of Intent Adopted Marc Nix -,Appeal of a Denial of a Use Permit, (UP 02-12, APL 02-07) - on July 9, 2002, the Board convened a public hearing to consider an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a home site segregation on property zoned A-5 (Agricultural - 5 acre parcels) and located on the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue in the north Chico area, and identified as APN 042-050-072. The Board adopted a Motion of Intent to approve the appeal and directed staff to prepare the necessary actions for approval - action requested: 1. FIND THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW UNDER SECTION 15303(a) -CLASS 3, THE CONSTRUCTION OF A SINGLE FAMILY DWELLING; AND 2. SUBJECT TO FINDING II(A) AS DETAILED IN THE STAFF REPORT DATED AUGUST 6, 2002, APPROVE THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 84-36 ON THE REMAINING PROPERTY OF A HOME SITE SEGREGATION. (FROM 7-9-02[5.011) (1135) THE APPLICANT REQUESTED THE ITEM BE CONTINUED TO AUGUST 27, 2002, DUE TO HIS INABILITY TO BE PRESENT AT TODAY'S HEARING. BOARD DIRECTION THAT THE ITEM BE CONTINUED TO AUGUST 27, 2002. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - August ,13, 2002- 02-215 Public Hearing -Marc Niz Use Permit Appeal - consideration of an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a home site segregation on property zoned A-5 (Agricultural - 5 acre parcels). This is an item which has been determined to be categorically exempt from environmental review. The property is located at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue, in the north Chico area and identified as APN 042-050-072 (qS [UP 02 12]) action requested - STAFF RECOMMENDS THE BOARD TAKETHE FOLLOWING ACTION: 1. • SUBJECT TO FINDINGS I (A -.C) AS DETAILED IN THE STAFF REPORT DATED JULY 9, 2002, DENY THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 84-36.' (**489) . PUBLIC HEARING COMMENCED: 11:05 A.M. PUBLIC HEARING CLOSED: 11:37 A.M. MOTION: I MOVE FOR A MOTION OF INTENT TO UPHOLD THE APPEAL AND ISSUE THE OWNER A USE PERMIT FOR A SINGLE FAMILY RESIDENCE. S M VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -July 9, 2002 -- - ` Marc Nix, (Item determined to be categorically exempt from environmental review) Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation on property zoned A-5 (Agricultural — 5 acre parcels). The property is located at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue, north Chico. APN 042-050-072 (CS) (UP 02-12) Mr. Betts gave a brief summary of the project. He said that staff is recommending denial. He noted a letter submitted by Dana Miller. Commissioner Nelson asked about whether an agricultural buffer would be required if the subject application is approved. Mr. Betts stated that the buffer is applied when a parcel is being created and this is not the case in this application. Commissioner Leland said that one of the restrictions is a change of zoning that would terminate the restriction. He discussed the rezoning that would result from implementing the Agricultural Element and whether this would affect all restrictions on this and similar property. Commissioner Nelson asked how many segregations were done in this area and how many approvals were granted. The hearing was opened to the public. Richard Brosseau, 3377 Nord Avenue, Chico, said that the subj ect property was a beautiful orchard and he would like to see the people who are buying the property be able to build a home on it. Dana Nix said they are losing money on the orchard and she can not afford to water the trees. She bought the property in 1997. Commissioner Lambert asked Ms. Nix if she knew about the restriction on the 5+ acre parcel when she bought the property. Ms. Nix explained that she lived on the 1.5 -acre segregated homesite when she and her husband bought the property and there has since been a divorce. She admitted that she knew about the restriction, that she sold the 1.5 -acre homesite, and now wants to put a home on the 5 -acre agricultural parcel. Bill Carter said that he is in favor of granting this request. He said that the subject parcel was placed on the wrong side of the Greenline. He disagreed with the staff report and stated that there has been change in the area with the addition of several subdivisions within a mile of this property. He felt the applicant should be allowed to build a home on this parcel. He said that Cussick and Henshaw are in the area for this property and the growth should be considered as a finding for deleting the restriction. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MAY 23, 2002 ■ PAGE 10 ■ Commissioner Lambert pointed out that the new housing/subdivisions were not on the agricultural side of the Greenline while the subject property is on the agricultural side. Mr. Carter discussed all the new development in the area including some businesses. Marilyn McGoon said that her family has lived in the area since 1940 and there are now 32 homes on Muir Avenue less than a mile from this property. She said that the owner of the propertyjust wants to farm the 5 acres and build a house on it. She was in favor of the permit. Commissioner Leland asked Ms. McGoon how she would feel about zoning the whole area for acre lots. Ms. McGoon said that she has no plans to divide her property, but understands people who can not afford to farm 5 acres and wanted to rezone and develop their property. There was a brief discussion on the Environmental Impact Report and Study done on the Bell -Muir area. She noted that the study was dropped. There was also a discussion on what is considered the area boundaries for this parcel. Mr. Grosseau said that there should be some way to balance growth and for the owner of this property to have a house on this 5 acres. Commissioner Marin felt that if this was a legal parcel, it would be entitled to a dwelling. Commissioner Lambert explained that the parcel was created as an exception and in return a restriction to prohibit a dwelling on the segregated 5 -acre portion was imposed. She explained the homesite segregation process to Commissioner Marin. Commissioner Leland also explained the purpose of the homesite segrations. He said that the restriction comes into play when the applicant wanted to build on the 5 acres. He was against removal of the restriction because he did not feel that the fundamental character of the area had changed. Commissioner Nelson said that the homesite segregation provision was discontinued because it did not work the way it was proposed. Commissioner Lambert said that if and when the Bell-Muil area is taken out of the Greenline area, that would be a sufficient change. Until such time, she felt that the restriction should be upheld. Steve Lotti informed the Commission that it is Mr. McKartle's intention to buy the property and live on it. He was in favor of the permit. Patty McKartle said that she is trying to buy the property to build a home and save the walnut trees. �- ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MAY 23, 2002 ■PAGE 11 ■ The hearing was closed. Commissioner Marin asked staff about the potential for the subject property if the County decides that the restriction should remain. Mr. Betts stated that the property would remain as it is as an orchard. Commissioner Marin said that this is an evolving area and the City is changing. He said that the request is for one house on 5 acres and is a reasonable request. Commissioner Lambert asked whether the Commission should set a new policy, and whether the Commission should consider all segregations; she also questioned whether this new policy should be set by the Board; and she concluded by wondering whether the Commission should honor the contract. Commissioner Marin discussed this being the time to set new policies. Commissioner Leland said that if the Commission wants to review the agricultural segregation policies and density in this neighborhood, they should do so. He said that there are plans to adjust the zoning in this area as a special study area under the Agricultural Element and it may well be that when the plan is approved this area would be rezoned and that would be the time to deal with housing on this parcel. He said the owner of this parcel agreed not to build on this parcel in order to carve out a 1.5 acre homesite. He did not feel that development on the urban side of the Greenline, one mile away, was sufficient change to delete the restriction on this parcel. He said that he would like to see the homesite segregaton come back and be used, but the restriction needs to be enforced. Commissioner Nelson commented that one of the problems is that the people who did the homesite segregation do not live there anymore. He did not object to adding this one home, stating that the area has changed some. Commissioner Lambert said that if this application is approved, the applicant would need more land to meet the 300 -foot buffer. Commissioner Lambert did not think the Commission could make findings because this is not consistent with the Agricultural Element of the General Plan. Commissioner Marin noted a 25 acre parcel where a house was built. He asked if the owner of the 25 acres was to sell one of the three parcels, could the new buyer build a home on the purchased parcel? Mr. Betts stated that in the A-5 zone you are allowed by right one single-family dwelling per parcel unless there is a restriction. Commissioner Leland said that the difference is that those parcels, Commissioner Marin was talking about, sold conform to the zoning while the parcel in question was carved out to be a 1.5 -acre parcel and the restriction put on the remaining parcel. He said that a contract was entered into to allow the 1.5 acres to be segregated by not allowing a dwelling on the remaining 5 acres. He concluded that ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MAY 23, 2002 ■ PAGE 12 ■ the standard is that the Commission has to find that the neighborhood has changed and the minimum period is 10 years has to elapse. Chairman Mooney said that when the restriction was placed on this property the nearest neighbor was a mile away. He noted the amount of development in the last 18 years and believes the area has changed. Mr. Meleka said that the point is whether the new development (which is the indicator of change) is within the Agricultural Element area or not. Commissioner Leland said that the finding of consistency with the General Plan can not be made with the 300 -foot setback requirement. Commissioner Lambert said that in this particular situation and according to the Agricultural Element, the General Plan designation of Orchard and Field Crops, and the Greenline policies, the Commission can not make the findings. She said that the subject application is a special situation with a contract. Mr. Meleka noted that this request, if denied, can be appealed to the Board of Supervisors who are the policy makers. It was moved by Commissioner Nelson, seconded by Commissioner Lambert, and carried to deny the Use Permit for Marc Nix to remove the development restrictions imposed by Use Permit 84-36. AYES: Commissioners Nelson, Lambert, and Leland NOES: Commissioner Marin and Chairman Mooney ABSENT: No one ABSTAINED: No one Commissioner Leland said that the issues are whether the neighborhood has changed and the consistency with the Agricultural Element of the General Plan. Commissioner Nelson commented that he did not want to change the density, but allow these people to have one home. He agreed with a denial based on the fact that the Commission could not make the findings of consistency with the General Plan. Commissioner Lambert further commented that the Commission need to define the term "area", whether it is land subject to the same zoning, same General Plan designation, or the Greenline policy. There is a 10 -day appeal period on all decisions with the Clerk of the Board. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ MAY 23, 2002 ■ PAGE 13 ■ 0 ;1 4/18/2003 Butte County Department of De\elopment Services 7:45 AM Pre-bill Worksheet Page 1 Selection Criteria Applicant (hand sel Include: Nix UP 02-12 ,1 ,v'", * Nickname Nix UP 02-12 UP 02-12 Full Name MARC NIX Address 3370 NORD AVENUE CHICO CA 95973 Phone 1 Phone 2 Phone 3 Phone 4 In Ref To Fees Arrg. By billing value on each slip Expense Arrg. By billing value on each slip Tax Profile Exempt Last bill Last charge 11/21/2002 Last payment 12/26/2002 Amount $309.20 Date Employee Rate Hours Amount ID Task Markup % DNB Time DNB Amt 1/5/2002 Larry P. 59.00 1.50 88.50 37994 P Processing 1/5/2002 Lynn R. 45.00 1.00 45.00 38006 C Clerical 4/13/2002 Craig S. 59.00 9.50 560.50 39091 P Processing REPORT/SITE VISIT 4/13/2002 Lynn R. 45.00 1.00 45.00 39133 C Clerical 5/25/2002 Lynn R. 45.00 2.50 112.50 39784 C Clerical 6/22/2002 Diana S. 34.00 1.00 34.00 40240 P Processing 9/12/2002 Diane L. 34.00 0.50 17.00 41502 C Clerical NOE Total Billable Billable Billable Billable Billable Billable Billable 4/18/2003 Butte County Department of Development Services 7:46 AM Pre -bill Worksheet Nix UP 02-12 *:MARC NIX (continued) Date Employee ID Task 9/28/2002 Roni Thornton 41383 C Clerical PERMIT 11/21/2002 Diane L. 41503 C Clerical Billing TOTAL Billable Fees Rate Hours Markup % DNB Time 34.00 0.50 34.00 Date Employee Price ID Expense Markup % 5/23/2002 Lynn R. 72.70 42002 $C Publish Legal Notice in Chico Enterprise Record TOTAL Billable Costs Calculation of Fees and Costs Fees Bill Arrangement: Slips By billing value on each slip. Total of billable time slips Total of Fees (Time Charges) Costs Bill Arrangement: Slips By billing value on each slip. Total of billable expense slips Total of Costs (Expense Charges) 0.50 Page 2 Amount Total DNB Amt 17.00 Billable 17.00 1Billable 18.00 $936.50 Quantity Amount Total 1.000 72.70 Billable $72.70 Amount Total $936.50 $936.50 $72.70 $72.70 Total new charges $1,009.20 Accounts Receivables DatellD Type Description 1/2/2002 CRED Deposit - Receipt #20137 ($700.00) 1830 A, 4/18/2003 7:46 AM • • Butte County Department of Development Services Pre -bill Worksheet Nix UP 02-12 ":MARC NIX (continued) 12/26/2002 PAY Payment - thank you 1829 Total Accounts Receivable New Balance Current Unapplied Total New Balance Page 3 Amount Total ($309.20) $1,009.20 ($1,009.20) ($1,009.20) $0.00 COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO RECEIVED FROM PLANNING 10045 BAG # 330 DATE 1212712002 FUND FUND DEPT ACCT CASH DESCRIPTION ,' TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 12627 RECEIPTS: 2 - 20911 PLANNING: APPL FEES. GE:NL 0010 44W01 4210900 101001 A33.20 PLANKING APPL FEES GENL. 0010 440001 4210M 101001 Prbject Number Amount of Fee APN:042 -072-MARC NIX UP02-12 .20 � ;K APN:031-M-009-DONALD & Bflj3BIE SPIESSWUP 02-22 $109.00 TOTAL S 433.20 APPROVED BY: RECEIVED BY: „ AUDITOR -CONTROLLER TREASURER Bg: B ��...�. is Butte. County Department of Development Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Use Permit Applicant: Marc Nix 1050 Salem St #B Chico, CA 95928 Deposit Date: 'Januarv.5. 2002 Receipt: 20137 Payment Date: Receipt: Payment Date: Receipt: File: UP 02-12 APN: 042-050-072: Date: ;December 2, 2002 I N V 0 1 C E UP 02-12 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $ 560.50 Mapping $ 122.50. Clerical $ 253.50 Publishing $ 72.70 The costs thus far In processing your application have exceeded the deposited or paid amount by: $ 309.20 To continue processing your application, an additional depositwill be required of: $ Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. AMOUNT DUE AND PAYABLE BY $ 309.20 Biller cs January 1, 2003 J1BILLINGS\30-DAY BILLING\UP 02-12 Nix.xls Deposit Amount: $108.00 Deposit Disbursement: Environmental Health $ 185.00 Land Development $ 150:00 CDF/Fire Department $ 43.00 DEVELOPMENT SERVICES - PLANNING $ 700.00 Payment Amount: $ - Payment Amount: $ - TOTAL PAYMENTS: $ - I N V 0 1 C E UP 02-12 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $ 560.50 Mapping $ 122.50. Clerical $ 253.50 Publishing $ 72.70 The costs thus far In processing your application have exceeded the deposited or paid amount by: $ 309.20 To continue processing your application, an additional depositwill be required of: $ Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. AMOUNT DUE AND PAYABLE BY $ 309.20 Biller cs January 1, 2003 J1BILLINGS\30-DAY BILLING\UP 02-12 Nix.xls Butte County Departrnent ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone Use Permit Applicant: ;33770 arc NIX 5QA Avenue , CA 95973�I (�}' Deposit Date: January 5. 2002 Receipt: 20.137 Payment Date: Receipt: Payment Date: Receipt: Deposit Disbursement: Environmental Health Land Development CDF/Fire Department DEVELOPMENT SERVICES - PLANNING File: UP 02-12 APN: 042=0507072 Date: November 22, 2002 Deposit Amount: Payment Amount: $ Payment Amount: $ TOTAL PAYMENTS: $ $1,078.00 185.00 150.00 43.00 700:00 INVOICE UP 02.12 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will receive a FINAL INVOICE. The following charges have been applied to the processing of your application: Professional Planner $ 560.50. Mapping $ 122.50 Clerical $ 253.50 Publishing $ 72:70. TOTAL $ 19009.20 The costs thus far in processing your application have exceeded the deposited or paid amount by: $ 309.20 To continue processing your application, an additional deposftwill be required of: $ - Butte County Code 3-44 Hourly fees; deposits; billing procedures. County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant doe not provide sufficient funds to continue processing an application, the application will be denied. Make checks payable to: Butte County Treasurer and send it to us at the above address. Should you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. AMOUNT DUE AND PAYABLE BY n"t $ 309.20 6il�eres December 22, 2002 JABILLINGS\30-DAY BILLINMUP 02-12 Nix.xls r COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA RECEIVED FROM PLANNING BAG # 329 FUND DESCRIPTION TITLE ATR NO 47111 DATE 91412002 FUND DEPT ACCT CASH CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 9-4 RECEIPTS: 20726 NODINOE CLERK'S FILING FE GENL 0010 470001 4612319 101001 (S25) Project Number Amount of Fee UP 02-12 M Nix #042-050-072 m r �� TOTAL $ 25.00 APPROVED BY: RECEIVED BY - AUDITOR -CONTROLLER TREASURER By: By: white tmasurer pink ---auditor canarddepositor golden role 35W,'-)- ;15- as �04. ,✓iX we tc ,-./x t1 014 O; -�� DATE RECEIPT NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PLANNING PUBLIC SALES ENV. FIRE NOE/NOD •F/G OTHER HEALTH FEE APPLICANT RECEIVED FROM /W O /0�� g4wV r } Received from The Sum of For Received: CASH CHECK DAVCO BUSINESS FORMS • (916) 7438511 COUNTY OF BUTTE 7 OFFICIAL RECEIPT =FICEeR DEPARTMENT ISSUING RECEIPT L Received By Title By 358102 0.* 560-50+ 560.500 560 - 50* 88 > 50+ 34.00+ 122-500 122.50 G 45-00+ 45-00+ 112.50+ 17-00+ 17.00+ 17.00+ 253-500 GAZ,L,,_cj,� 253>50* 560.50+ 122-50+ 253.50+ 936.500 936.50 letelopment Date 11/21/02 Services DepartmOt Time 5:10 pm Applicant Billing Worksheet Page l UP 02-12 MARC NIX 3370 NORD AVENUE CHICO, CA 95973 Rounding None Full Precision No Last bill Last charge 11/21/02 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT. TOTAL 01/05/02 Larry P. / P 1.50 88.50- #38731 Processing 59.00 01/05/02 Lynn R. / C 1.00 45.001-11 #38743 Clerical 45.00 04/13/02 Craig S. / P 9.50 560.50. #39834 Processing 59.00 REPORT/SITE VISIT 04/13/02 Lynn R. / C 1.00 45.00 #39876 Clerical 45.00 05/25/02 Lynn R. / C 2.50 112.50--*' #40530 Clerical 45.00 06/22/02 Diana S. / P 1.00 34.00 #40986 Processing 34.00 09/12/02 Diane L. / C 0.50 17.00 #42255 Clerical 34.00 NOE 09/28/02 Roni Thornton / C 0.50 17.00 #42133 Clerical 34.00 PERMIT 11/21/02 Diane L. / C 0.50 17.00 #42256 Clerical 34.00 Billing Dave 11/21/02 Selopment Services Departmopt Time 5:10 pm Applicant Billing Worksheet UP 02-12 :MARC NIX (continued) TOTAL BILLABLE TIME CHARGES 18.00 Date/Slip# Description OTY/PRICE 04/25/02 Lynn R.../ $C 1 #42267 Publish Legal Notice in Chico 72.70 Enterprise Record TOTAL BILLABLE COSTS TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 01/02/02 Deposit - Receipt #20137 TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE New Current period 72.70 (700.00) 309.20 Page 2 $936.50 $72.70 $1,009.20 ($700.00) TOTAL NEW BALANCE $309.20 COI INTY OF BUTTE. FIELD AGO ILLE, CALIFORNIA PURCHASE ORDER S QNTY INVOICE NUMBER AND DESCRIPTION U CHARGE TO W. O. P <: ETPE P l%t to 1D On .,a L Pomo � o E Chico, CA 959-6 3 A R To be published in the 's tterpr yse Recor Issued By Department P.J. a -nn i n NUMBER F 264759': DATE: QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W. O. 1 ETPE 2 3 A To be published in the 's tterpr yse Recor 4 .�uNcuut. on isI=sdav, April 25, 2002. 5 �r►i~� ®jO� 6 E i Please .� ur ? r S� t .Fis OTf? C.� two E`Q 3,^G it of ion. TPIt 02-13 Iarnf ' 538-7<c[ ' gql�� Butte CCi un 4y Planning annin % CCSwnty Center Drive , Orbville9 CA 35965 TOTAL U I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for and that there is a Budget Appropriation for the same. 6�17 -� Dated: = j ��t � m {�_ I�< } J�. _ !� i ' ..�- �._..��) �i�...%�:�,,R1,..�,�., � r Department Head or Authorized Deputy SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 A 4 .�uNcuut. 5 �r►i~� ®jO� 6 E i �` Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD. o do)39 AA 9'-' so ��o ��s Ll m � s, NO' s DATE RECEIPT TOTAL PUBLIC LAFCO PLANNING PUBLIC SALES ENV. HEALTH FIRE NOE/NOD F/G FEE OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS RECEIPT 20137 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY S 4%,� DEPART1VT4&NT OF DEVELOPMENT SERVICES TAL► BVCOUNTY UNIFORM AP KATION to APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: /yla,r C /ii)(' 014Z-050-07Z-Ooo ADDRESS: CITY, STATE & ZIP CODE: FILE NUMBER: (FOR OFFICE USE) 3377 /Iio r� ✓e Cl C 19 75 9 73 9 d NAME OF PROPOSED PROJECT( If any) TELEPHONE Nance, (530> 3yZ.5ggU LOCATION OF PROJECT ( Major cross streets and Address, if any ) B 11 8 /V GE ..... NERAL INFORMATION REQUIRED ... OWNER'S NAME t Mar �IX GENERAL PLAN AMENDMENT TELEPHONE c- O Wo ) 3c/Z- 5 P 9 0 ADDRESS: CITY, STATE & ZIP CODE: 33 7 7 Wo r-4 A /c o CEJ 5 9 7.3 ZONE WAIVER OF PARCEL MAP EXISTING LAND USE SITE SIZE ( in Square Feet or Aces ) 1�0 EGENERALPLAN /9 ric���tir� 5,03 &Pf--s EXISTING STRUCTURES (in Square Feet) 0 PROPOSED STRUCTURES (in Square Feet) -� IV o iU E MINOR VARIANCE BUTTE COUNTY %I n lCn o w (Check One) 0 (Check One) O PROPERTY IS OR PROPOSED TO BE SEWERED O PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ® PROPERTY IS OR PROPOSED TO BE ON SEPTIC © PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUE STED O GENERAL PLAN AMENDMENT O TENTATIVE SUBDIVISION MAP O REZONE E C 2 Q V E �C �J C3 TENTATIVE PARCEL MAP M USE PERMIT D O WAIVER OF PARCEL MAP O MINOR USE PERMIT JAN 2 2002 1�0 O BOUNDARY LINE MODIFICATION O VARIANCE 0 LEGAL LOT DETERMINATION O MINOR VARIANCE BUTTE COUNTY G CERTIFICATE OF MERGER 0 ADMINISTRATIVE PE PANNING QIVISION D MINING AND RECLAMATION PLAN DEVELOPMENT AGREEMENT O OTHER PROJECT DESCRIPTION • FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is size of parcels.) �\ Q tnes� for r2Movc 0 V2 for a land division, describe the number and nC*f- C9 1���� �o /t0i h�c,11 iron\ ctrcc( 0W2- 0So-O%Z-00o, /`S se- S;4 res ,- ic 4'10 n V Ct s c on 4, -C -e , c- S h �, /c7q Z0 PV e 0 Me �d T-5 A ve C3C'C�,� 1�0 44e ' Zj cr W OrCkr- , OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If / an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: I Z. / 1 5 AG o ( SIGNATURE: ///`" • AGENT AUTHORIZATON To Butte County, Department of Development Services; Print Name of Agent and Phone Number JILUUMss is hereby authorized to process this application for on my property, identified as Butte County Assessor Parcel This authorization allows representation for all applica ' n documents necessary for said processing, but not ' uding interest. Owner(s) of Record: (sign and print Print Name Signature Architec�fid/or Engineer: Name of Architect/EngiDeer and Phone Number Mailing Address FOR OFFICE USE ONLY ber s, hearings, appeals, etc. and to sign all document(s) relating to record title Print Name Signature Verify: Date Received: S P 4- Total Amount Received: /0 7 AP Number(s) Legal Description Owners Authorization Zoning Requirements —`Project Description / tyf--iCopies of plot plan Taken by Receipt No. dOl37 E.H. - LD CTO Plan Ido FD y� Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ l b .7 R as of 1941 ---- Make check payable to "Butte County Treasurer". COUNTY OF BUTTE ENVIRONMENTAL INFORMATION (To be Completed By Project Applicl _General Information: 1. Name and address of owner, a 3 3 77 /Il o rc( 4 0--,_ 2. Address of project: 3 3 7 7 Assessor's Parcel Number:_ 3. Name, address, and telephone Date Filed rAN 22002 BUTTE COUNTY PLANNING DIVISION developer, and/or project sponsor: Co -CA 9597 Va,,cl Aye, . e h"c0 4 C9 y�S 973 SIT-- 0 50 - 0-71. - 000 umber of_person to be contacted concerning this project: Cf -d 9V2, t -%ie., /A q/Cg -) —q 1 JJu 1 .1I/G.`'0&1U 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing general plan designation: 6. Existing zoning district: 7. How is land currently used? _q r, it c-,, 8. Proposed use of site (Project for which this form is filed): S %n a ,' J S;'' Project Description: 9. Site size: 5: 03 A c. r, -P--5 (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: © Total: 11. Plans attached Yes —No V/ 12. Proposed development schedule— tVOAJE 13. Associated projects koNp2 14. Anticipated incremental or phased development Norl/ P Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading 0 Butte County Department of Development Services O Planning Division O 1 facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). ❑ Butte County Department of Development Services O Planning Division O Pa YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential lands areas or public or roads. 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. _ 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the ✓' vicinity. _ 27. Site on filled land or on slopes of 10 percent or more. _ t/ 28. Use of, or disposal of potentially hazardous materials, such as toxic flammable substances, or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). — 31. Relationship to a larger project or series of projects. ❑ Butte County Department of Development Services O Planning Division O Pa Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set- back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are try9nd corre_pt4o the best of my knowledge and belief. DateSignature for z zo M - ti� K:\FORMS\SUBMITTAL\ENV-INFO O Butte County Department of Development Services O Planning Division 0 3 042050072000 042010067000 K:\PROJECTS\UPC\NIX\maillistUP02- NIX MARC STEPHEN CAHOON DENNIS A 12.doc 3377 NORD AVE 752 MUIR AVE CHICO CA 95973 CHICO CA 95926 042010068000 042010080000 042010087000 BETTY MONTY GENE & KATHLEEN P MILLER DANA W & GAIL Q DACANAY RAYMOND S & VERONICA 3634 BELL RD 3620 BELL RD 812 MUIR AVE CHICO CA 95926 CHICO CA 95926 CHICO CA 95973 042010089000 042020024000 042020035000 POPE C LORENZO & NANCY C GOVAN REGINALD B & MARIANNE SMITH RUSSELL G & TINA L 3515 BELL ESTATES DR 3505 BELL RD 3294 NORD AVE CHICO CA 95973 CHICO CA 95973 CHICO CA 95973 042020036000 042020037000 J 042020038000 BLAIR ROBERT P SALO RAYMOND O & ANNAQUE M MOFFETT EULA J 3567 BELL RD 3346 NORD AVE 3378 NORD AVENUE CHICO CA 95928 CHICO CA 95973 CHICO CA 95973 042020039000 042050057000 042050061000 •CHAPMAN EUGENE B BERGREN HAROLD W DEADMOND STEVEN D & DIANE E 3364 NORD AVE P O BOX 1295 3311 NORD AVE CHICO CA 95973 CHICO CA 95927 CHICO CA 95926 042050064000 042050066000 042060013000 GREEN ROY S MAY RUSSELL H & JAYNE H IMHOFF DUANE & LORI,ETAL 785 MUIR 3653 BELL RD 3310 RODEO AVE CHICO CA 95926 CHICO CA 95926 CHICO CA 95973 042060014000 CATHCART C A JR END P O BOX 1318 WESTWOOD CA 96137 i 0-Y QV 02.-1' _ 0Li2- � - 092_ 0 1 ©.�i VYIN to C--TT U X12 - ESQ - c5 S-% (. k 1 I -rNr-,n113 .` _„• +IWO, , r L a � ■ Complete items 1, 2, arWAlso complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Mr. Marc Nix 1055 % Pine Street Chico, CA 95928 i A. ❑ Agent X C ❑ Addressee B. Received n-, CPrinted' k", "e) C. Date pf Deliv c' L D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ' a Type Sery Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes z. Article Number 7OD1 ._194D DADS 447:6 2963 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0381 UNITED STATES POSTAL SERVICE M • Sender: Please -?address, and-ZIP+4.ZthiS b-0-9-0-- COUNTY ox0 -• COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Cbnter Drive Oroville, CA 95965-3397 ZZ IIT IIIlIIIIIIII11411IJir1111fIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII First -Cass Mail LSPS—=Paid _Rermit=No. G-40_ -?address, and-ZIP+4.ZthiS b-0-9-0-- COUNTY ox0 -• COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Cbnter Drive Oroville, CA 95965-3397 ZZ IIT IIIlIIIIIIII11411IJir1111fIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ti • .TTt L13"��• "�' Postage $ cmm,AcG- t (,Certified Fee y� !t r �.'�.,.. rt •..ay .. 1- .._-, -tom O- Retum Receipt Fee (Endorsement Required) C Restricted Delivery Fee . C '(Endorsement Required) C Total Postage 6 Feea j p-. Mr.��MarON" o ' 1055 %2`,Ti,n6 :Stree ;, 3 •...r M1 Chico; C -N 9592 Ij Ic:lmct v_ t7 �J''-•Her ark 71 417e req-- t UY U.S. Instal 'C'ERTIFIED Service ' MAIL RECEIPT, (Domestic Mail Only; No in surance.Coveragwided ti • .TTt L13"��• "�' Postage $ cmm,AcG- t (,Certified Fee y� !t r �.'�.,.. rt •..ay .. 1- .._-, -tom O- Retum Receipt Fee (Endorsement Required) C Restricted Delivery Fee . C '(Endorsement Required) C Total Postage 6 Feea j p-. Mr.��MarON" o ' 1055 %2`,Ti,n6 :Stree ;, 3 •...r M1 Chico; C -N 9592 Ij Ic:lmct v_ t7 �J''-•Her ark 71 417e req-- t UY AV I L A N D O F N A T U R A L W E A L T H A N D B E A U T Y October 9, 2002 Marc Nix 1055 %z Pine Street Chico, CA 95928 CERTIFIED MAIL Re: Use Permit UP02-12, AP APN 042-050-072, Dear Mr. Nix: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 rr-c- Ar &&.F , P L Enclosed is your validated Use Permit No. UP 02-12 to allow Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation located at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue, north Chico. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, _ Diane Lewellen / Office Assistant III Enc. 9sr �/a cc: Land Development Division (g) Building Division (y) Environmental Health (p). Department of Forestry (gld) — — Joe McArdle USE PERMIT BUTTECOUNTY BOARD OF SUPERVISORS_ ` 9 2002 DATE: (Certified Mail Rec.) UP02-12 PERMIT NO. 042-050-072 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Marc Nix is hereby granted a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining, property of a Homesite Segregation in accordance with application filed January 28, 2002. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as'conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. ' If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Condition of Approval: Applicant must comply with all applicable State and local statutes, ordinances and regulations. ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 1 0 I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions whichwere imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: 0 2 Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. B of ty Board of Supervisors CC: Land Development Division AUG 2 7 2002 - Building Division Health Department Department of Forestry ■.BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 2 ■ WELL • 042-050-072-000 >- 0 t11N N 100 171.28 roTA 125 APPROVED DATE 9 Wflopment Plan USE PERMIT VARIANCE MINOR U.P. ADM.PERMIT _ _ PLANNING COMMISS. DIRECTOR OF. DEVELOPMENT SERVICES UpETAILEi> EvlTE 10 fPOL.AN 1� AFf,LICANT: IuIAfZC NIX 337"7 N O fZ CA X5973 AP: 042-050-072-000 3377 NO1zD AVE CH 1 CO, CA PU1Zt"OS1�r>' USE: fZ E M 0 N/A L O I= COVE N A NT5 AND C-_ f�ITtON� rd--Plz— Dt=%/ELOF"MENT fZI<_-- T sVECE fZ E F E FF, E—J BUTTE COUNTY PLANNING ;'!VISION MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Marc Nix, UP02-12 DATE: October 9, 2002 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as APN 042-050-072, was: Rezone from to zoning district. Granted a variance to X Issued a conditional Use Permit Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation, at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue, north Chico., zoned A-5 (Agricultural - 5 acre parcels) t DECLARATION OF FEES DUE i (Arnia Fish and Game Code Section 01.4) NAME AND ADDRESS OF APPLICANT Marc Nix 1050 Salem Street, #B Chico, CA 95928-6065 FILING NO. Use Permit, UP 02-12 APN# 042-050-072 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee LBY=_�� 2. NOTICE OF DETERMINATION - FEE REQUIREDA. Negative Declaration ,$1,250 State Filing Fee 3 ?�o� 0$25.00 Clerk's Documentary Handling Fee - CO ! ERK B. Environmental Impact Report �DEPUT $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #20726 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning. Official By: Yvonne Christopher Title: Director - Development Services Lead Agency: Butte County Department of Development Services Date: September 12, 2002 TWO COPIES OF THIS FOICM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. -K:\Planning\PROJECTS\UPC\NIX\noe.wpd . APPENDIX A • NOTICE OF EXEMPTION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: UP02-12, Use Permit Assessor's Parcel No.: APN 042-050-072 FROM: Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Applicant: Marc Nix, 1050 Salem Street, #B, Chico, CA 95928-6065 Project Location -Specific: at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue, north Chico. Project Location -City: Chico Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation Name of Person or Agency Approving Project: Craig Sanders Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15305 (a) Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; Contact Person: Craig Sanders If filed by applicant: Telephone: (530) 538-7601 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes - No Date Received For Filing: Sign ure, Dire or - Me Urinsopner opment Zervices J ,c.J r COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 47111 RECEIVED FROM PLANNING BAG #329 DATE 91412442 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 9-4 RECEIPTS: 20726 NODINOE CLERK'S FILING FE GENL 0010 470001 4612319 101001 25.00 (=25) Project Number Amount of Fee UP 02-12 M Nix #042-050-072 $25 TOTAL $ 25.00 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER r By: By: white=treasurer pink --auditor canarddepositor golden and=File tt county = ` LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES ,° 9•l�;<:` �' 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 ° TELEPHONE: (530) 538-7601 FAX: (530)538-7785 August 30, 2002 Roger Button Mid Valley Title 601 Main Street Chico, CA Re: Use Permit 02-12, Marc Nix Dear Mr. Button, On August 27, 2002, the Butte County Board of Supervisors approved Use Permit 02-12 allowing the removal of development restrictions imposed on Assessor's Parcel Number 042-050-072 by Use Permit 84-36. After being signed by the Chairman of the Board of Supervisors, the attached document will be recorded to provide notice that the restrictions no longer apply. If you have any questions regarding this matter please do not hesitate to contact me. Craig Sanders Senior Planner - Att: Document to remove covenant restriction • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CLERK/BOARD OF SUPERVISOR 25 COUNTY CENTER DRIVE OROVILLE, CA 95965 CERTIFICATE OF TERMINATION OF CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT Notice is hereby given by the Board of Supervisors, County of Butte, State of California, that pursuant to action taken by said Board at its meeting of August 27, 2002, the following Conveyance of Development Rights and Open Area Easement has been terminated: Conveyance of Development Rights and Open Area Easement executed on May 20, 1985, by Richard Ramsey and Joy Ramsey, accepted by order of the Board of Supervisors on July 2, 1985, and recorded in the Official Records of Butte County on July 25, 1985, and identified as document number 85-21923. Pursuant to said termination, the County of Butte releases to the owners of the land the development rights which had been conveyed to it by the said Conveyance of Development Rights and Open Area Easement, namely, the right to construct and maintain residential uses on the property described as Parcel 2 in Exhibit "A" of said Conveyance of Development Rights and Open Area Easement and identified as Parcel 2 on that certain Parcel Map recorded in Book 103 of Maps at Page 56 and 57, and further identified as Assessor Parcel Number Executed this 27`h day of August, 2002. CURT JOSIASSEN, Chair Butte County Board of Supervisors August 27, 2002 Marc Nix 1050 Salem Street, #B' Chico, CA 95928-6065 Re: Use Permit, AP APN 042-050-072 Dear Mr. Nix: BEAUTY Urt'A t i MrN I yr ucvcwrmcn i acnvww 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 At the regular meeting of the Butte County Board of Supervisors held August 27, 2002, the appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation was upheld and the Use Permit approved. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. Enclosed are two copies of your Use Permit. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Board of Supervisors. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Board of Supervisors, and said permit is received by the applicant by certified mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, X Lynn Richardson Administrative Support Service Assistant /Ir S BUTTE COUNTY CLERWF THE BOARD USE ONLY` BOARD OF SUPERVISORS MEETING DATE: AGENDA .TRANSMITTAL AGENDA ITEM: Marc Nix, Appeal of a denied Use Permit, (UP 02-12, APL 02-07), continued AGENDA TITLE: with a motion of intent to approve. DDS, DATE: 7/16/02 MEETING DATE 8/13/02 DEPARTMENT: Planning REQUESTED: REGULAR X CONSENT Craig PHONE: 7603 CONTACT: Sanders DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Marc Nix, (Item determined to be categorically exempt from environmental review) Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation; said property is zoned A-5 (Agricultural — 5 acre parcels). The property is located at the southwest corner of the intersection of Bell Road and Nott Avenue, approximately 400 feet east of Muir Avenue, north Chico. APN 042- 050-072 (CS) (UP 02-12) ACTION REQUESTD: See attached AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE REPRODUCED BY STANDARD OFFICE EQUIPMENT ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No x CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No x Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day. prior to normal agenda deadline.) 4/5/s Vote Required: Yes: _ No: Will Proposal Require an Agreement: Yes No x Auditor -Controller's Number (if Date Received by Clerk of the Board: required): County Counsel's Approval: Yes No x Will Proposal Require Additional Personnel: Yes No x _ Number of Permanent: Temp Extra Help Previous Board Action Date: 7/9/02 Additional Information Attached: Yes x No Describe: memo Rev. 06/02 SPEAL INSTRUCTIONS TO CLE Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Estimated Cost $ Amount Budgeted (Budget Unit Number: (Fund Name: (Fund Number: Additional Requested Annualized cost $ Source of Additional Funds Requested Contingencies $ (Fund Name: ) (Fund Number: ) Unanticipated Revenue $ (Source: ) (Rev. Code: ) Other Transfer(s) 1. Complete worksheet below 2. Deadline is one business day prior To normal agenda deadline Total Source of Funds $ if also planned for next year. I Budget Transfer Authorized By Administrative Office — Board Action Required for B -Transfer? Yes No Authorized Signature Transfer Request: AMOUNT Date BUDGET TRANSFER REQUEST WORKSHEET Transfer $ (No Cents) Transfer $ (No Cents) Transfer $ (No Cents) Transfer $ - (No Cents) From To From To From To From To ACTIONS FOR CONSIDERATION AS REQUESTED BY THE BOARD I. Find that the project is categorically exempt from CEQA review under Section 15303(a)- class 3; the construction of a single family dwelling. II. Approve the request for a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a Homesite Segregation subject to the following findings and one condition: A The requisite 10 years have passed since the covenant to restrict the development of the land and the circumstances of the property and surrounding area have changed as evidenced by the following: 1. The property is in an area that has been identified as being appropriate for future urban development. On May 5, 1987 the Board of Supervisors adopted a motion of intent to change the General Plan designation for the subject site and surrounding area from Orchard and Field Crops to Agricultural Residential with a related rezone to Suburban Residential 1 -acre minimum parcel size. The current average parcel size within this area is 3.4 acres. 2. In 2001, the City of Chico identified this area as a potential site for future urban development. 3. Since the approval of Use Permit 84-36, seventeen new 5 -acre parcels have been created in the area which now consists of 155 parcels. Fourteen of the seventeen new parcels are or have been developed with single family dwellings. 4. Since the approval of use Permit 84-36, at least 10 new single family dwelling units have been constructed within the area on previously existing parcels. Condition of Approval. 1. The applicant must comply with all applicable State and local statutes, ordinances, and regulations. • BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT — August 6, 2002 Appellant: Marc Nix Applicant: Marc Nix File #: APL 02-07 (UP 02-12) Request: Appeal of the Planning Commission denial for a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a Homesite Segregation. G.P.: Orchard and Field Crops Zoning: Agricultural 5 -acre minimum parcel size APN: 042-050-072 Location: Located at the southwest corner of the intersection of Bell Road and NoI14 Avenue, approximately 400 feet west of Muir Avenue, Chico. Parcel Size: 5.03 acres Planner: Craig Sanders Supervisor District: 4 Attachments: A. Use Permit 02-12 SUMMARY: This item was continued with a motion of intent to approve the appeal of the Planning Commission's denial of a Use Permit to remove development restrictions from a remaining agricultural parcel from a Homesite segregation approved in 1984. Findings reflecting the Board's motion of intent are delineated below. ACTIONS FOR CONSIDERATION AS REQUESTED BY THE BOARD: Based upon the Boards direction, the appropriate actions are as follows: I. Find that the project is categorically exempt from CEQA review under Section 15303(a) - class 3; the construction of a single family dwelling. II. Approve the request for a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a Homesite Segregation subject to the following findings: A The requisite 10 years have passed since the covenant to restrict the development of the land and the circumstances of the property and surrounding area have changed as evidenced by the following: ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 1 ■ 1. The property is in an area that has been identified as being appropriate for future urban development. On May 5, 1987 the Board of Supervisors adopted a motion of intent to change the General Plan designation for the subject site and surrounding area from Orchard and Field Crops to Agricultural Residential with a related rezone to Suburban Residential l -acre minimum parcel size. The current average parcel size within this area is 3.4 acres 2. In 2001, the City of Chico identified this area as a potential site for future urban development. 3. Since the approval of Use Permit 84-36, seventeen new 5 -acre parcels have been created in the area which now consists of 155 parcels. Fourteen of the seventeen new parcels are or have been developed with single family dwellings. 4. Since the approval of use Permit 84-36, at least 10 new single family dwelling units have been constructed within the area on previously existing parcels. K:\PROJECTS\UPC\NIX\ftndings.doc 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT ■ PAGE 2 0 • EXHIBIT A USE PERMIT BUTTECOUNTY BOARD OF SUPERVISORS_ DATE: (Certified Mail Rec.) UP02-12 PERMIT NO. 042-050-072 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Marc Nix is hereby granted a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a Homesite Segregation in accordance with application filed January 28, 2002. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee, Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a use permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Condition of Approval: Applicant must comply with all applicable State and local statutes, ordinances and 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 3 0 regulations. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. Butte County Board of Supervisors CC: Land Development Division Building Division Health Department Department of Forestry 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 4 0 • BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: i AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: Appeal of a denied Use Permit for Marc Nix, UP 02-12 DEPARTMENT: DDS, Planning DATE: 6/25/02 MEETING DATE REQUESTED: 7/9/02 REGULAR X CONSENT CONTACT: Craig Sanders PHONE: 7603 DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Marc Nix, (Item determined to be categorically exempt from environmental review) Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation on property zoned A-5 (Agricultural — 5 acre parcels). The property is located at the southwest corner of the intersection of Bell Road and Nor4 Avenue, approximately 400 feet east of Muir Avenue, north Chico. APN 042-050-072 (CS) (UP 02-12) ACTION REQUESTD: See attached B AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL AND SEVENTEEN (17) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No_x CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No_x Administrative Office Review If yes, complete Budget Transfer Request Worksheet on Administrative Office Staff Contact back. (Deadline is one business day prior to normal agenda 4/5's Vote Required: Yes: No: deadline) Will Proposal Require an Agreement: Yes Date Received by Clerk of Board: No_xx Auditor-Controller0s'Number (if required): County CounselOs Approval: Yes No x_ Will Proposal Require Additional Personnel: Yes N o_x_ Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes_x No Describe:_packet Rev. 1/02 SPECIAL INSTRUCTIONS TO CLERK Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor0s copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Estimated Cost $ Amount Budgeted $ (Budget Unit Number:_) (Fund Name: ) (Fund Number: ) I Additional Requested $ Source of Additional Funds Reauested Contingencies $ (Fund Name: ) (Fund Number: ) Unanticipated Revenue $ (Source: ) (Rev. Code: ) Other Transfer(s) $ 1. Complete worksheet below 2. Deadline is one business day prior to normal agenda deadline Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature Transfer Request: AMOUNT Transfer $ Board Action Required for B -Transfer? Yes No Date BUDGET TRANSFER REQUEST WORKSHEET (No Cents) From Transfer $ (No Cents) From Transfer $ (No Cents) From Transfer $ (No Cents) From LINE ITEM LINE ITEM To To To To � a � 3 � �� x J t • � Oww '9` � T ✓ `v ' J 5 r 1 i cc 01` S / Y r �♦ f gas Project Location �5 - Homesite Segregation k t � t f / f C• h /T ) . y • • I� / 700 0 700 1400 2100 2800 3500 4200 Feet BUTTE COUNTY BOARD of SUPERVISORS Applicant: Marc Nix Owner: Same UP 02-12 Hearing Date: July 9, 2002 Eiristing Zone: A-5 (Agricultural, 5 acre minimum) N Supervisorial Request: Appeal of Denial of a Use Permit to remove development restrictions imposed by UP 84-36 on District # 4 the remaining property of a homesite segregation. Assessor Parcel No: 042-050-072 File: APL 02-07 SA MJ 94e A-5 ------------- A-5 6.16 Bell �,• Rd 5.40 ,0 i 6.36 Pro ect Location 4.94 U hw' ��'�I A-5 A-5 C-2 700 0 700 1400 2100 2800 3500 4200 Feet BUTTE COUNTY PLANNING CONIlVIISSION Applicant: Marc Nix Owner: Same Hearing Date: May 23, 2002 @ 9:30 am. Ezisd g Zone: A-5 (Agriculttual, 5 acre minimum) N Supervisorial Request: Use Permit to remove development restrictions imposed by UP 84-36 on the remaining District # 4 property of a homesite segregation. Assessor Parcel No: 042-050-072 Me: UP 02-12 ,=Tz"�lY Y.''V'Y�3"h 'I ti{'`r ATnzj' •�I'i�d�33s.hyRy{'.fix rJr^' ... y. ' tj11 it�l��7'7` j5 jrVn + IT ,�` -4 �' 1 r •_. ��w tj'�`.1"%i.: ^',!N.t ® y+`.�..slis N?. •,y A ''y{ +y �.. • -. °'` �' x''�sw CHIEF ADMINISTRATIV OFFICE r It if`f•i.r COUNTY OF DU rM T Yfr 'Mt +•'• �e �..: 25 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965.3380. (916) 538.7631 '7F • f ' MEMBERS OF THE BOARD: COUMt 4 MASKEL A. McINTURF MAR101J NK:Nm May 7, 1967 JANE DOLAN PAIEF,wMIN*TRATIVE OFFK:ER KAREN VERCRUSE ED McLAUGHLIN LEN FULTON Joe Burrell, et al 2947 Nord Avenue Chico, CA 95927 and Donna Mooberry 2777 Alamo Chico, CA 95926 a Re: General Plan Amendment, File 84-45 Dear Mr, Burrell and Ms. Mooberry: The Board of Supervisors, on May 5, 1987, certified the Environmental Impact Report (EIR) for Donna Mooberry/Joseph Burrell et al. finding that the requirerj.nts of CEQA have been met and that the environmental review is complete. the Board also adopted a Motion of Intent to approve the General Plan Amendment from Orchard and Field Crops to Agricultural Residential for property located on both sides of Muir Avenue, south of Bell Road, west of Alamo Avenue, north and east of the Southern Pacific Railroad and north of East Avenue, Chico, stipulating that the General Plan amendment will not be finalized until: 1. That a drainage district be formed for the area at the initiation of the property owners to provide the financing for construction and maintenance of necessary improvements; and 2. That the area be included in the traffic study that is currently being done for the Northwest Chico area and the East Avenue corridor and a means to implement the study; and , 3. That other impacts as identified in the Bell -Muir EIR be addressed in a policy statement to be a part 'of the General Plan Amendment. The board also directed that Public Works staff meet with the proponents and discuss possible drainage solutions. 0 BUTTE COUNTY CLERK OF THE BOARD USE ONLY MEETING DATE: BOARD OF SUPERVISORS AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: Appeal of a denied Use Permit for Marc Nix, UP 02-12 DEPARTMENT: DDS, Planning DATE: 6/25/02 MEETING DATE REQUESTED: 7/9/02 REGULAR X CONSENT CONTACT: Craig Sanders PHONE: 7603 DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Marc Nix, (Item determined to be categorically exempt from environmental review) Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation on property zoned A-5 (Agricultural — 5 acre parcels). The property is located at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue, north Chico. APN 042-050-072 (CS) (UP 02-12) ACTION REQUESTD: See attached AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL AND SEVENTEEN (17) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No_x CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No_x Administrative Office Review If yes, complete Budget Transfer Request Worksheet on Administrative Office Staff Contact back. (Deadline is one business day prior to normal agenda 4/5's Vote Required: Yes: No: deadline) Will Proposal Require an Agreement: Yes Date Received by Clerk of Board: N o_xx Auditor-Controllerlls Number (if required): County CounselOs Approval: Yes No x_ Will Proposal Require Additional Personnel: Yes N o_x_ Number of Permanent: Temp Extra Help Previous Board Action Date: Additional Information Attached: Yes_x No Describe:packet Rev. 1/02 SPECIAL INSTRUCTIONS TO CLERK Number of originals required to be returned to Department: "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor0s copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding Source Estimated Cost $ Amount Budgeted $ (Budget Unit Number:_ ) (Fund Name: ) (Fund Number: ) Source of Additional Funds Requested Contingencies $ (Fund Name: ) (Fund Number: ) Unanticipated Revenue $ (Source: ) (Rev. Code: ) Other Transfer(s) 1. Complete worksheet below 2. Deadline is one business day prior to normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Authorized Signature Date $ Board Action Required for B -Transfer? Yes No BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: AMOUNT Transfer $ (No Cents) From Transfer $ (No Cents) From Transfer $ (No Cents) From Transfer $ (No Cents) From LINE ITEM To To To To LINE ITEM ACTIONS FOR CONSIDERATION: Staff recommends that the Board of Supervisors take the following actions: I. Deny the request for a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a Homesite Segregation subject to the following findings: A. The General Plan designation and zoning designation for the subject site has not changed since Use Permit 84-36 was approved. B. Though the requisite 10 years have passed since the covenant to restrict the development of the land, the circumstances of the property and surrounding area have not changed. 1. The property is still being used for agricultural purposes as evidenced by the orchard on-site. 2. The character of the surrounding area has not changed significantly since the approval of Use Permit 84-36. The only new lots created in the area since 1985 have been 5 -acre lots conforming to the A-5 zoning district. 3. The amount of orchard acreage in the area has remained relatively the same. C. In the time period since Use Permit 84-36 was approved, the County adopted the Agricultural Element the policies of which apply to the subject property. Approval of this project would not be consistent with the Agricultural Element particularly policy 3.5 and program 7.3. The project is, therefore, not consistent with the General Plan. K:\PROJECTS\U.PC\NIX\nixagenda.doc 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 4 ■ BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REPORT - July 09, 2002 Appellant: Marc Nix corner of the intersection of Bell Road and Nora Avenue, Applicant: Marc Nix approximately 400 feet west of Muir Avenue, Chico. File #: APL 02-07 (UP 02-12) Parcel Size: 5.03 acres Request: Appeal of the Planning Commission denial for a Use Planner: Craig Sanders Permit to remove development restrictions Supervisor District: 4 imposed by Use Permit 84-36 on the remaining property of Attachments: a Homesite Segregation. A. Vicinty Map/General Plan/Zoning G.P.: Orchard and Field Crops Map B. Planning Commission Minutes dated Zoning: Agricultural 5 -acre minimum 5/23/02 parcel size C. Agreement D. Site Plan APN: 042-050-072 Location: Located at the southwest SUMMARY: This is an appeal of a Planning Commission denial of a Use Permit to remove development restrictions from a remaining agricultural parcel from a Homesite segregation approved in 1984. Pursuant to Section 24-45.30 the board hearing shall be conducted de novo, provided that all applications, papers, maps, exhibits and staff recommendations made or presented to the Planning Commission may be considered by the Board. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an application for a Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. The Use Permit that permitted the homesite segregation was denied by the Planning Commission, and later approved by the Board of Supervisors, June 12, 1984, on appeal. The Board approval, however, did not make all of the required findings to approve the Use Permit. The Conveyance of Development Rights and Open Area Easement ("Agreement") was recorded on May 20,1985. The terms of the Agreement allowed the creation of a 1.54 -acre residential parcel and a 5.03 -acre agricultural parcel. The 1.54 -acre parcel was already developed with a dwelling unit at the time of recording the agreement. As stipulated by the Agreement, the 5.03 -acre parcel could only be utilized for agricultural purposes. Both parcels were created by a subsequent parcel map. As executed, the Use Permit and Agreement ■ BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 1 ■ are in force for a minimum of 10 years and continue after the initial 10 -year period unless one of the following events occur: The property is rezoned to any other zone. At least ten (10) years has elapsed from date of recordation, and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. A copy of the Agreement is attached. Termination of the Agreement would allow the 5.03 -acre parcel to be developed with a new single family dwelling unit and accessory structures. New homesite segregations are no longer allowed in the County. The Board of Supervisors, in approving the Agricultural Element of the General Plan on May 9, 1996, supported the position to discontinue agricultural segregations for homesites (Agricultural Element, Goal 3, Policy 3.3, page AE -13). Site Characteristics The agricultural parcel is planted with English Walnuts. The orchard is mature and appears to be in fair condition. No other agricultural uses have been established on the property. The soils on the site have a Soil Conservation Service Classification of II, which are considered prime agricultural soils. Surrounding and nearby parcels ranges in size from 0.20 to 20 acres, with the predominant size being in the 5- to 6 -acre range. Land uses on the surrounding and nearby parcels are dwellings at rural residential densities with a mixture of orchards. The majority of the parcels in the area are developed with a dwelling unit. The property is not located within the City of Chico Sphere of Influence. ANALYSIS: The General Plan Land Use designation for the project site is Orchard and Field Crops. In addition, the property is subject to the Agricultural Element policies and is on the agricultural side of the Greenline. In 1982, when the Greenline was adopted, this area was designates as the Bell -Muir Study area. The General Plan acknowledges that this area may be designated for urban development by a simple majority of the Board of Supervisors. During the 20 years since the adoption of the Greenline, however, the General Plan and zoning designations for the area have not changed. In 1987, the Board of Supervisors conceptually approved a General Plan amendment to an Agricultural Residential designation along with a zoning designation of Suburban Residential 1 -acre minimum parcel size. These changes were tied to the completion of a comprehensive road and drainage plan for the area. To date, this plan has not been completed. In order for the Board to consider approval of this Use Permit, one of two events must have occurred. These are: the property has been rezoned; or at least ten (10) years have elapsed from date of recordation of the covenant and the circumstances regarding the property and other properties in ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 2 ■ the area have changed sufficiently to reconsider the development restriction. As the property has not been rezoned, the Board must look to the second finding in order to approve this request. The requisite time period has passed and the only finding needed is that the circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. Examining the subject property first, it appears that little has changed with respect to the circumstance of the site. The orchard has not been removed nor does it appear to be failing, though the trees are older and the expense of replanting may not be cost effective given the small acreage and proximity of neighboring houses. The neighborhood has, likewise, remained relatively the same. Only one new house has been constructed on adjoining parcels since the approval of the Use Permit. This house is located on the north side of Bell Road and is approximately 225 feet from the subject property. The only new parcels created in the area since the approval of the Use Permit are 5 -acre parcels located north of Bell Road. Based on the above information, staff believes that a significant change in the land uses in the area has not occurred since the Agreement was approved. PLANNING COMMISSION ACTION: The Planning Commission considered the above information, as well as testimony from several members of the public. All of the members of the public felt the character of the area has changed and cited the approval of new subdivisions to the west. However, most of those subdivisions were developed on land that is zoned SR -1 and is on the urban side of the Greenline. One issue raised that was not discussed in the agenda report to the Planning Commission is the fact that the property is now subject to the Agricultural Element policies that were not in effect at the time of approval. The Agricultural elements Policies are intended to provide added protection to agricultural lands. Policies regarding residential uses are: 3.5 The primary purpose of the Orchard and Field Crops and Grazing and Open Lands land use categories shall be for agricultural production, related processing, and services in support of agriculture. Residential uses, such as the farmer's home, in these categories are secondary uses and are permitted on a limited basis to assist and support agriculture. 7.3 Limit residential land uses in the agricultural areas to dwellings only for preservation of the family farm, for farm employees and those persons who own the farm land, up to a limit established by Ordinance. All such dwellings shall be encouraged to locate on lands least impacted for agricultural use and/or in "clustered" configurations to minimize the conversion of agricultural lands to any other uses. A maximum dwelling unit density for the total acreage in the farm or ranch shall be established by Ordinance. Records verifying employment of farm workers must be provided and made available on request. Ultimately the Planning Commission found that the proposal would not be consistent with the Orchard and Field Crops Land use designation, the Agricultural Element, and the Greenline Policies. The motion for denial passed on a 3-2 vote. (See the attached Planning Commission Minutes for a complete discussion) 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■ PAGE 3 ■ s 0 ACTIONS FOR CONSIDERATION: Staff recommends that the Board of Supervisors take the following actions: Deny the request for a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a Homesite Segregation subject to the following findings: A. The General Plan designation and zoning designation for the subject site has not changed since Use Permit 84-36 was approved. B. Though the requisite 10 years have passed since the covenant to restrict the development of the land, the circumstances of the property and surrounding area have not changed. The property is still being used for agricultural purposes as evidenced by the orchard on-site. 2. The character of the surrounding area has not changed significantly since the approval of Use Permit 84-36. The only new lots created in the area since 1985 have been 5 -acre lots conforming to the A-5 zoning district. 3. The amount of orchard acreage in the area has remained relatively the same. C. In the time period since Use Permit 84-36 was approved, the County adopted the Agricultural Element the policies of which apply to the subject property. Approval of this project would not be consistent with the Agricultural Element particularly policy 3.5 and program 7.3. The project is, therefore, not consistent with the General Plan. K:\PROJECTS\UPC\NIX\nixagenda.doc 0 BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 4 ■ :.:. i};i}::.:i:•rJi{y:$':j lI� SII I�'il P -� / ,® •r �i O -• r� T '?y:::• ..j?{'i .. :':.>..:: ,.:: ,::.:::::<.:..:�'>Citi{'f��•��•����'>>rj::jj::j:;:;;;;7�:<t+x<i:>::i�::.:.. r :tititi y �•Eji :ir <{.:i�i:::::jj>rj::'?•:v •' iii. •.j4, - ii i9+`ji jy;;':;?:::{:S:i:i�?iii+::•:tiff':::::: �:::'.''':};i:5i �:::;i.: � i':.i':•:;::'i:'••:•., ;:} {:v i:•ij:•: �}:�`` `.i �r�j ii:•'i:•:•jif i;i;:',v«:•:?Si$i.::::::: i:: i:i �.� _��••••'•`•'�••'-��?:j':4:''.:.{::{e':'.':,ii:':',:�,'.}:,:::::`2`::iv�{:r i�:1':`::'j:??i:iijj:i;'.; {:'••;•;•ji'i•$}i}jj.: j'�: U of SUPERVISORS Applicant: Marc Nix Owner: Same UP 02-12 Hearing Date: July 9, 2002 Existing Zone: A-5 (Agricultural, 5 acre minimum) N Request: A Supervisorial Re q Appeal of Denial of a Use Permit to remove development restrictions imposed by UP 84-36 on District # 4 the remaining property of a homesite segregation. Assessor Parcel No: 042-050-072 File: APL 02-07 Joseph & Patricia McArdle P.O. Box 657 Forest Ranch, CA 95942 (530) 342-9090 May 30, 2002 Clerk of the Board of Supervisors 25 County Center Drive Oroville, CA 95965 RE: Marc Nix, Use Permit #84-36 APN 042-050-072 Agenda Item #Vll - A To whom it may concern: We wish to appeal to the Board of Supervisors the decision made on May 23, 2002, by the Butte County Planning Commission in regards to the above mentioned item. We have enclosed a check in the amount of $50.00 to cover the filing fee. Please notify us as soon as we get placed on the calendar and if there are any other steps we must take prior to appearing before the Board. Sincerely, Joseph McArdle Patricia McArdle 'o s e4�F't"LIC:.od�■y "T• M A7 /yC I X 0fZ® AVS C H l CO, CA 95`75 AP: 042-050-072-000 5377 Iii O IZ P AVE CH ICO, CA 959%3 fZfEMOVAL (D F= C O V Ir ISI A N T� A N® C-1 (D -i I O N !-:3. ®I= ® I= V Iw L. O f=7-' M FE T fZ I C"-- I -i T!E-3 , fZ Ir I= I= fZ I= N C I= ® O C U M I= ISI T 85-21 X25 JAN 2 2002 12/12/2001 23:13 FAX 5308945043 . LEVEREN&FERRIS Q01 CARL B. LEVERENZ A PROFESSIONAL CORPORAMN TIMOTHY D. FERRIS A-ftU EY AT LAW December 13, 2001 Via Facsimile (530) 538-7785 and U.S. Mail Butte County Department of Development Services Planning Division Attention M.A_ Meleka 7 County Center Drive Oroville, CA 95965 • 31 15 wALL $TRE Er CHICO_ CAUFORNIA 95926 TELEPHQNE (330) 995-1621 -FAX (530)•9945043 DECEOWE DEC It W BUTTE COUNTY PLANNING DIVISION Re: Use Permit No. 84-36/ A.P. No. 042-050-072 Dear Mr. Meleka: This office has been requested to assist Mr. Marc Nix, the owner of the above parcel of land located at 3377 Nord Avenue, Chico, Butte County, California in terminating the covenant restricting the construction of dwellings upon the property. As you will note upon review of the County's file regarding the property, more than ten years have elapsed from the date of recordation of the covenant (July 25, 1985) and certainly the makeup of the area has changed considerably in terms of use. Please forward the necessary application forms to terminate the covenant pursuant to Sections 24-285, and 24-45 of the County Code along with a copy of the fee schedule adopted for such applications. Mr. Nix is interested in making application within the next two weeks and your prompt attention to this request is greatly appreciated. Any suggestions that you may have to move this process along in a timely manner would also be appreciated. 12/12/2001 23:13 FAX 5308945043 L.EVEREN&FERRIS Q02 Page 2 December 13, 2001 Please feel free to contact me with any questions or comments. Very yo TIMOTHY D. FERRIS TDF:ajh cc: Marc Nix Bill Carter Steve Lotti 042-050-072-000 171.28 JAN 2 M I�/I A fz C N I X 5 5 77 N O FZ V I✓ C 6--1 ICO, CA AP: 042-050-072-000 5577 NOFF P AVE CH ICO, CA 95 J73 F'UFZF®E3P F:�00 UE3F-:--: fzI=MOVAL OF= Cl- OVI= 5 A"® C O ISI D l - F I O Iii 5 ® I= C�> I= V I= L O 1` M I= N T fz IG"i"5, fz I= I= FE fz I= N C F ®COC U M I=" -F 85-21 ICD 25 3 Steve Lotti, Realtor Development & Brokerage Services 12/4/01 Planning Dept. of Butte County, Attn. M. A. Meleka, Subject: Clarification for development of a single family home, under terms of Use Permit # 84-36, dated 5/3/84. Enclosed you shall find a copy of the Conveyance of Development Rights and Open Space Easement, and map. I represent the buyers in a purchase transaction for lot #2. It is the buyers intent to build their home on this property. On page 4, paragraph 3 (b)b; It states that before any development may take place, " That 10 years must have elapsed' in which it has. And -rhe Commission finds circumstances regarding said property and other properties in the area have, changed sufficiently." There have been several approved subdivisions in that area since this agreement has been recorded. Prior to the buyers closing escrow on this parcel, they would like written clarification from the Planning Department, or Commission stating that the property is in deed, allowed to have a residence constructed on said parcel #2, a.k.a. A. P. # 042-050-072. Sincerely Steve Lotti 3WJE DEC22001 BU77E COUNTY PLANNING DIVISION P. O. Box 1976 Chico, CA 95927 Office (530) 895-8010 Mobile 520-2543 Fax (530) 892-0628 85 -TI 913 60ARD OF SUPCeIVISORS C/7 Lfi JUL 25. !'N Or 56 P&OW No CLERK -RECN4)EN FEE l 85-21923 CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT This onveyance of Development Rights and Open Area Easement, made' I 1 this 26m day of K" , 19 85 , by and between is Richard Ramsey and Joy Ramsey as Grantor(s) in consideration of the approval of a use permit do(es) . ,s hereby grant to the COUNTY OF BUTTE, as Grantee, hereinafter.referred to as .County, the development rights hereinafter set forth for -the term and subject to the covenants and conditions set forth below in the property described in Exhibit "A" as Parcel 2, attached hereto and made a part.. j thereof, for the express purpose of maintaining such property for agrieult= ural use and as open area. ; REC.ITALS: AMEREAS, pursuant to County's'General Plan, County has determined- that etermined that the property of,Grantor(s) described in"Exhibit "A" is agricultural !` land constituting a natural resource of Butte County; and 4 kHEREAS, the County's General Plan sets forth a Policy of Protecting the Agricultural Production. Capability of Agricultural lands, and the 1 maintenance and conservation of.this natural resource,.and fff WHEREAS, in furtherance of such policy, County has .zoned the pro.perty described in Exhibit "A" to an Agricultural Zone; and WHEREAS. Grantor(s) desires tocreate a -lot for the purpose•of main taining a single family residence thereon, such lot being described as - d Parcel 1, in said Exhibit A; and hHERE.aS, Grantor(s) has applied fcr and been granted approval.of the use permit pursuant to the provisions of the.Butte.County Sec. to S i �.. j permit the maintenance of such residence thereon; and MMEAS, in order to preserve and maintain the agricultural purposes 9 85 of the Agricultural Zone -In which the properties described -in Exhibit '-'A are located, and to maintain the consistency of said zone with-the*policies set forth In County's General Plan, it is necessary and desirable that Grantor(s)convey to Countytheright to.construct additional residences on the property described in Exhibit "A" as Parcel 2; and WHEREA.S.*it is the intent of the Grantor(s), and the purpose of this., easement and grant of development rights to allow the Grantor(s) to main- tain a residence on the lot described as Parcel I on Exhibit A.and prohibit the maintenance of residences on the property described In Exhibit "A." as Parcel 2 so as to neither increase nor decrease.the number of residences permitted by the zone in which the said properties are located..'.. THEREFORE, in consideration of the approval of the use permit granting* permission to Grantor(s) to maintain a single family residence on Parcel I for the purpose of maintaining Parcel 2 as open area for a'gricultural.pur- poses .Granter(s) grant(s) to County an Open Area Easement with Grantor(s) and their successors' right to construct andmaintainany residential uses 1 16 on the property described in Exhibit "All as Parcel 2 subject to the followink. covenants, terms -and conditions: - 1. Grartor(s). reserves the right to. construct or maintain any ag ri. cultural buildings or to use Parcel 2 for.any agricultural uses otherwise. permitted by oriinances.'duly: adopted by County, or'.-ordinances"..hereinafter ' adopted by County to.regulate the use of the -property described - as Parcel 2, except any rights to construct r maintain any accessory.buildings, subj ect to any.regulations or limitations set forth in any such. ordinances. 2. XothingIn this instrument shall be construed to affect the right to Grantor(s) to lay, operate maintain, repair',"or remove water and -sewer i. pipe lines, conduits, or drains below the surface of the area described in. Exhibit "A- as Parcel,2 insofar as such activities ar . e not incidental to establishing any residential of said area, nd are not in conflict with � tom...:-;.,•`,as�v�=7•,2%0.i#.:?f-"':'iriia �I':�.;.� = •-'=i$ea•�^ 1'x%68 i .. 85-21923 3 the provisions of this Grant.. 3. This easement and grant of development rights shall not be construed 1' to permitthe public to enter upon the properties described in Exhibit "A" " for any purpose whatsoever.... Sec. 24-S4.. Segregation of homesi=tes in agricultural zones. (a) In the -"A -S", "A-101, "A=2011,. "A-40", and "A-160" agricultural zones, the subdivision of property in order to legally_segregate one (lj. homesite from remaining farmland may be allowed with the approval of a use permit by the Planning Commission. The application for the.use permit shall include i proposed plan of development and use for the entire ar.ea.of exist= �., ing parcels, under. the same or related ownership, 'contain ing the site of f-sne (1) or more existing or proposed dwellings. The Planning.CommisSion nay, grant such a use permit only after finding, in addition to the findings required by section 24-47,.that: (1) The existing parcels shown on the development plan together meet the lot area requirements _ of the . zone . ,...' • . {' (2) The.proposed segregation and development will not"reduce.the i capabilities for -agricultural use of the nonhomesite.parceh(s') and surrounding properties. i (3) -The proposed segregation and development is justified-or.made. 1i. necessary by the occupancy of-homesites,'owpership .Of property, organizational structure of the -,farm business, financing require meats, retirement planning, or similar circumstances. j (4) The proposed parcels.mee.t the requirements of the County health idepartment for.sewage disposal and nater supply. (5) The proposed segregation.and development.is consistent with the policies of the Butte County General Plan. (b) The homesite parcel isnot less than one (1) .acre: and nit more than two (2) acres or the minimum lot area allowed by the County r:� health department, whichever is greate r r.. (b) Prior to the division being effective, the owner or owners of the prope ty included in the approved development plan shall execute and cause to be recorded in the office of the recorder of Butte County a restriction binding upon the original owners and their heirs, successors and assigns, which disallows additional dwellings from being located on the property until either of the following conditions occur: 0 , - / 0 / / 10 0 0 Ll F III. I il- BAS/S OF BEAR/NG TN1 °Lan of BELAIWGS PDR TNIS aURYCT It 4$ $MOWN ON TART PARCEL MAP RECOR°t0 IN BOO. 68, PARCEL MAPS, PAOC Ce ON OCIOI6A 12, 1970. (I) PD 3p'LR nate A. 46.0]alT RECORD REFERENCE IRI1= BOON 6e, r/Y, rAOQ Ae IYcC4N1 s Ja. e I $l. ?BZ.6e. A`E; I b' 23• > Rr0 A/A' I.P. TA,00[o I I S .G [. 23017 ' / I m 90' NOR" CLU °N[ PUBLIC CAO[M[NT [OR SI I 'wI'M PARCEL 2 a YTIL`Tit$ AND TO c . o CE RC SERY[0 DIED$ � RI I � I N ROAD Y..OTCNIRCf AGRLCBe Y N7 I RCCCRO CO IM'oornyQNr xO.B�n _��n.•� ( 2) w SW rw, 920•63'14 W 76.00• (R6 08 R'OD• 7,.t ao'1 961.12'O3`E 66. 29` (AI) R JepC N 61.12 OS,lW N61.12'O3-W 320. BAS,s D• sasums SCALE I". 100' 1$0,72 Uill —�`9 28.61' I6' w 63.7 I) 70 3/4' I.P. TAGGED ' A. C. C. 13MT 1 TOTAL AREA 6.67 AC. PARCEL ',-MAP ALL OF PARCEL 2, AS SHOWN ON' THAT CERTAIN PARCEL MAP ENTITLED, 'BEING A PORTION OF LOCATION NAP LOTS 54 A'NO 55'AS'SHOWN'ON THE MAP OF MAPBIDWEL LEGEND 0 SCI 1/4'IAOII PIPC TAOUCo 4CL 19At3 NOTE PO 1' IRON PIP[ TAOOED L!, 3016 OR AS OCSCRIaE0 RANCHO; SAIO"PARCEL MAP RECORDED rAACCL BOUNDART•YIME K IN 800K Be OF•PARCEL MAPS, AT PAGE TSM9wau ouTllpE rN(OFUAT.aNE11r AT RN[ TILW PARCEL t 1! PYATN6R SPLIT, Et It TING Wall LOCATION AO.L. aDILDING.gvm •CA mi.•:_•• ••. L.4 LL LCACN PRBC $97DACR'LINE ' o L -lit 'M6f,70 aCAI[ ' I. ' :Cg LQT N0. 14R BIDWELL IR01110ams.0N I IARCaI N0. PCR $N.A3 gw,14M ' (Z 'PAAC6l N0. PER a.,60 RM.,PO.Lt 1$0,72 Uill —�`9 28.61' I6' w 63.7 I) 70 3/4' I.P. TAGGED ' A. C. C. 13MT 1 TOTAL AREA 6.67 AC. PARCEL ',-MAP ALL OF PARCEL 2, AS SHOWN ON' THAT CERTAIN PARCEL MAP ENTITLED, 'BEING A PORTION OF x A USE PERMIT PDR A q�ordmTC SceneTpy. WAA ANAOTEO BY THE 9Y7tC coYNrY 'BGR.�j+;' OF tuPCIIV salt ax ain0t 2.Naa_ •. _ 1 371 CONNORS COURT GUITC a. CNICO,CA.BlitCI BISIOA3•Ia00 CIVIL ENGINEERS PLANNERS • SURVEYORS SHEET 2 OF 2 ........ _............:.. ............._._.... . ,Av,33r�n LOTS 54 A'NO 55'AS'SHOWN'ON THE MAP OF MAPBIDWEL v L THE 'THIRD SUBDIVISION OF THE JOHN NOTE + a RANCHO; SAIO"PARCEL MAP RECORDED RWCtL ! WRL at 1. TN[ MUSTeCATCD ACLOCArt0 ., " IN 800K Be OF•PARCEL MAPS, AT PAGE TSM9wau ouTllpE rN(OFUAT.aNE11r AT RN[ TILW PARCEL t 1! PYATN6R SPLIT, 1/1�a;i1ass:^ tO ]Wy; 48 � BUTTE COUNTY CALIFORNIA oR A Raero[N11AL Ynaw P(RYIr I9 DerAINEoi,:. , •• � � .. .:' : .... S , FOR . i All DNTANCED MDN OWN TWI tuP Ap...^ 4 6RD'';•Y .,1:•CARL /f ' . RICHARD LAAMSEY DIeTANCE°. MUL11PLY Wo O2TANeas OT L00002a6 TD DDTADt.,TaD1gw D2rMe[a •. ;L •.. L:• _N'/ NorthStar'' Engineering x A USE PERMIT PDR A q�ordmTC SceneTpy. WAA ANAOTEO BY THE 9Y7tC coYNrY 'BGR.�j+;' OF tuPCIIV salt ax ain0t 2.Naa_ •. _ 1 371 CONNORS COURT GUITC a. CNICO,CA.BlitCI BISIOA3•Ia00 CIVIL ENGINEERS PLANNERS • SURVEYORS SHEET 2 OF 2 ........ _............:.. ............._._.... . OWNERS CERnrl"TE 1, RICHARD L, RAMSEY'- owner of ib. lead shown hereon =0 CONTINENTAL AUXILIARY COMPANY,. California, corp*radan,al Ng1(6t ander O.ads of Trus) ROCarded on March 27,1979 in Boee 2385 of Offlcal R.awds,al Pope 99 and On April 16,1980 in Book 2506 of Olficol Records, of Poo. 372.do horsey Consent that we are me only persons whose consent Is OSC"14fY to Pass near INIe to cold land and we consent to the preparation and recordation of the said map os Shown within theborder- lin., ' RICHARD L RAMSEY JOY A. RAMSEY ^ r CONTINENTAL AUXILIARY COMPANY,'* Callfarnlo corpaalioa n+a Ass h. }y PRd �z~ TDI. ACKNOWL £OGEbf£Nr nnv1l j vAu STATE OF CALIFORNIA ) COUNTY OF -AVM) s•A On exfL LO, 19is , before mt, IM un0arolgned, a Notary Public to and far sold $tole, personally appared—�(CMF!!O L. ASN .444 JoY A. .fl>•w,]75Y' ,persanalty eno.m tome (or pm.W to me on the East at Solis/Priory .Ytden.el to be the poisons whose, hemp oro subscribed 1. ane wI1Me I.Slramenl and ofermwled0ed to me that they estcoled the Jona. WITNESS my hoed and effictat gaol. 3ANNlN OEtTODD help,, PuElic SURVEYOR`S C£RrJFJCOrE This map rot Prepared by me W under my ciredfon Ono was eumPitd I,om record data and is posed Upon a field survey la O0.1Olnlehet MNh IAe requirements of the Sabdhlst n Mop Ace at The 1.0.11 .( PoCHARA 1 RAMgFY op _ Feb.,,, rt. hereby state 'hot mit pWeel coop subsfanfiolly CMIWMs to the Oppre7ed tont-Wemap, if any, and Thal me monument. shown 1hwean vt10 set oh $enUlffQA t0 1984 In that, Cor eef posillon and We Sufficient ea, ..obit In# survey to be refilled. ` /ti KN- s�L1�AQ 'MICHAEL 0. MCENESPT R.C.. 29985 Ma HMS a nm J ? Or CALr(OT'�`J COUNTY •SURVEYORS C£RrJFJCArF Thn map, cmlf.rms with the requirement. dl the SaOdlsiimn Mop Act and local or0inonce. ' Data ' 2ZIR, nQ WILLIAM CH E !F C.E. 14225 Coenly Surveyor Coaely of 9.110 ACKNOWLEDGEMENT ICORPOIgAF/ON/ STATE Of CALIFORNIA 1 -COUNTY OF6&,ci) L Ise• Oa — •sem / t pf , Defer` Are. the uaderoip , o Nolan Public In and for sold S a, personally appeared --�= ib sf..�ia. l.•� otic _',�RwJ C• Cions p.t.on011Y anon to •me (Or presad to me on Ilia be.l. of Satisfactory mIdance) lobe the pero0n� he ....dad the dlhb In,trem.m as /C Sad Attf'gRCYM behalf of CONTINENTAL AUX" IARY s%)MPANYL. the Oerporollan thereto named, Ono O.M..dedgad to na that me corporation sled the within i.,1 enl Punta,". to HS q -laws or d rasolWian df IN board of directors. WITNESS my nand cad of1ti01 smL7�+q�L Css'Piftl.LL. sent `f 0.•h If IMl t d (� ,..p i YJ�YL roar,',•.... r as S4a .1, i rsri j W w .-.re. Nolory PubUc u to6-5l0 RECORDERS C£Rr/fJCAT£ Filed N Int office of the Recorder a,1 no Cowry of Bu11a, Slate o/ California. al $•. M. on In day of Su L, V , 9 In Boos /y ; .1 Mops, al PaaeS5fQ�i of Iha request of NOrlhSlar Engineering. RECORDING no. ELEANOR M. BECKER Count? Records p ry PARCEL MAP ALL OF PARCEL 2, AS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED, 'BEING A PORTION OF LOTS 64 AND 55 AS SHOWN ON THE MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHOe,SAIO PARCEL MAP RECORDEDIN BOOK 68 OF PARCEL MAPS, AT PAGE 48 BUTTE COUNTY CALIFORNIA FOR RICHARD LI RAMSEY Nart hStart Englnoertng i', 317COHM08a COWT,SOHED. MIC0,CA.959261et9tase• 1600 ENGINEERS • PLANNERS • SURVEYORS SHEET 1 OF 2 sea. F=7 �2clsc,.�a +-[ _ ,�!✓ ikt, i S 49 If X —0SO—O&7 8/DWELL 31*0' SUB. 722 N. R. E. N. D.8aN. R0 (�n� jwa L 4 or., APP 4*.iy-Cr Z3 72Fm W �r n 57 0 0)�3Jg 5 334 9 � 31P4 '654 Ac 6 f 46 47 1 360 1 75 76 � 02 SAC 6A6t 3.09AC I 9.45Ac 9.55Ae 44 9036 30.7n 0 307. ?T 199. 62 g2 3y O 7 O „qyF a 49 Ac c 73 2T4 N o 3Ac 10 O NO O 1 _ S.OAe b 3I Y 4834° COUNTRY ESTATES Aw125-17 SUBDIVISION O�bsAc. :y5 132 /9B /98 132 is rem rsa 115 rsa �72pQ7 1332 1 Ztv.S rT0 482 43 N 7125AC 69. yYb 1 O /A $ 7.4640 711.E 39 1 38 b ,o "m 2 AA m © 24 a I © �At )4 �PM99-29' 1 7.3Ac. �.. �.... = _ 661.00• 1 NOTE, These Pomets are for averment purposes > arty and may not constitute lege! Pamela Bidwell 37d Sub. M.O.R. 8k.-5 P9. B 09 Thlwv" may or mix rwl De 9 money of the land depleted. herd&, You dmW:lmt rely upon d 1br eery purpose other Than, odentefion to the genetel tocaHon of the paW or ar6efs Qeplaed. Mid We y, and Eacrmw Com*y ts airy ueEAiry for a4eged b,*3 or damapp. wide may resod hmn teliartce upon tlds map. R. R. CAPAe. FO -8- Assessors Map No. 42-05 County of Butte, Calif. REVlSfor 2.94 JUL 14 .1994 E'afte, Count L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 May 24, 2002 Marc Nix 3377 Nord Avenue Chico, CA 95973 Re: Use Permit, AP APN 042-050-072, UP02-12 Dear Mr. Nix: At the regular meeting of the Butte County Planning Commission held a meeting on May 23, 2002, your request for a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation, was denied. Should you desire to appeal this decision you must do so, in writing, with the appeal fee of $50.00 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to the expiration of the 10 -day appeal period which is at 5:00 p.m., Monday, . Should you have any questions regarding this matter, please contact Craig Sanders at this office between 8:00 a.m and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant /lr cc: Land Development Environmental Health CDF Building Division CZOrne= - �Mvl i t gics ;� Ag. Se�ctree i _�a+�&e.e - Na4- �Jl461t— cebA.S \.,3 Ck 0.r - C -Q q-Ct'�r Ci , bo%M L -�re.e s So eors 'l Dick V\OT qLo'j+ '��"� C'es-�riCT�on c.�L►c,� �oaJ9�}' i7QC-ce�S I lam\' \ L' a► t-� a t' — 2eg L �i (�en"�' t � r�r-c4 V � S S't S , c�nci,r.gcci � IO C� s p --F % ,nc� �e�►es rov%n . ioe„n o vin c3 0 ►n Na +tel a ctf cCAS " CPQ GuT q 4r-4es - a r 11 Op" c ''' l�3 �'^'�' s �e S^i� r ► c'� a S �-�-�- o nl x r aJ-\- c'LSry`-�S= `k8i, - Ae #} - - T - lit' ry, iii CJ ry, l _ barb �.ul.},a�p� p�7\A S bv) r p 1-0g � J� W� l•� b � � j� � baJrj vwJ b� bucaC� ez Qs F aU�I vxrJ� -fU oS'v�n�JKj.J I; to ! I � III AML NNW .....-� !'� '.��_�'• _1 \ rt.J yJ ..�^ f`��' #_mil ��� � �� . 62 fit i Butte County Planning Commission 7 County Center Drive Oroville, Ca. 95965 RE: Marc Nix, Use Permit To Whom It May Concern: 0 My name is Dana Miller, and I live just northeast of the intersection of Bell Rd. and Nord Ave. My property is 5 acres and is in the "Green Line" area. I am opposed to any lifting of restrictions (permit 84-36, 5 acre minimum) in this area. Many of my neighbors are just waiting for this to happen, because this will give them a "foot in the door" and they'll have grounds to subdivide their 5 acre parcels. This Bell, Nord, Muir area is a country setting as close to Chico as you can get. We moved and built in this area for that reason, close to town but in the wide open spaces. Many would like to see this area be a continuation of Shasta Ave. Large homes packed in so tight that you can jump from roof to roof! Bell Road is the main arterial from Hwy 99 to Hwy 32, and it is in poor shape to handle any more traffic. Muir Road and Nord Avenue are basically one lane ag roads, which is fine for the traffic we have now, any increased traffic will result in problems. Most property owners knew the restrictions when they purchased their land and if they wanted to build track homes they should've bought out in the foothills where the soil is rocks. Once splitting starts it won't stop, and Chico will become another Sacramento, and the charm will be gone. Yours truly, Dana W. Miller 3620 Bell Road Chico, Ca. 95973 EC � (rte Q D n MAY 17 2002 BUTTE COUNTY PLANNING DI�11 rl BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — May 23, 2002 Applicant: Marc Nix File #: UP 02-12 Request: A Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a Homesite Segregation. G.P.: Orchard and Field Crops Zoning: Agricultural 5 -acre minimum parcel size APN: 042-050-072 Location: Located at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet west of Muir Avenue, Chico. Parcel Size: 5.03 acres Planner: Craig Sanders Supervisor District: 4 Attachments: A B C D E. Conditions of approval Vicinity Map General Plan/Zoning Map Agreement Site Plan SUMMARY: Staff recommends denial of this project subject to the findings contained herein. PROJECT DESCRIPTION/SITE CHARACTERISTICS: This is an application for a Use Permit to terminate the Conveyance of Development Rights and Open Area Easement of a homesite segregation agreement. The Use Permit allowing the homesite segregation was denied by the Planning Commission, but approved on appeal by the Board of Supervisors on June 12, 1984. The Conveyance of Development Rights and Open Area Easement ("Agreement") was recorded on May 20, 1985. The terms of the Agreement allowed the creation of a 1.54 -acre residential parcel and a 5.03 -acre agricultural parcel. The 1.54 -acre parcel was already developed with a dwelling unit, and the 5.03 -acre parcel could only be utilized for agricultural purposes. The Agreement granted residential development rights on the 5.03 -acre parcel to the County. Both parcels were created by a subsequent parcel map. Termination of the Agreement would allow the 5.03 -acre parcel to be developed with a new single family dwelling unit and accessory structures. As executed, the Use Permit and Agreement are in force for a minimum of ten years from the time of recording of the Agreement and continue until an application is approved for termination or partial termination of the agreement. The ten-year period ended on May 20, 1995. A copy of the Agreement is attached. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT 0 PAGE 1 0 0 • The terms of the Agreement allow for termination of the Agreement only upon the occurrence of any of the following events: The property is rezoned to any other zone. At least ten (10) years has elapsed from date of recordation, and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. New homesite segregations are no longer allowed in the County. The Board of Supervisors, in approving the Agricultural Element of the General Plan on May 9, 1996, supported the position to discontinue agricultural segregations for homesites (Agricultural Element, Goal 3, Policy 3.3, page AE -13). Site Characteristics The agricultural parcel is planted with English Walnuts. The orchard is mature and appears to be in fair condition. No other agricultural uses have been established on the property. The soils on the site have a Soil Conservation Service Classification of II, which are considered prime agricultural soils. Surrounding and nearby parcels ranges in size from 0.20 to 20 acres, with the predominant size being in the 5- to 6 -acre range. Land uses on the surrounding and nearby parcels are dwellings at rural residential densities with a mixture of orchards. The majority of the parcels in the area are developed with a dwelling unit. The property is not located within the City of Chico Sphere of Influence. ANALYSIS: The General Plan Land Use designation for the project site is Orchard and Field Crops. In addition, the property is subject to the Agricultural Element policies and is on the agricultural side of the Greenline. In 1982, when the Greenline was adopted, this area was designates as the Bell -Muir Study area. The General Plan acknowledges that this area may be designated for urban development by a simple majority of the Board of Supervisors. During the 20 years since the adoption of the Greenline, however, the General Plan and zoning designations for the area have not changed. In 1987, the Board of Supervisors conceptually approved a General Plan amendment to an Agricultural Residential designation along with a zoning designation of Suburban Residential 1 -acre minimum parcel size. These changes were tied to the completion of a comprehensive road and drainage plan for the area. To date, this plan has not been completed. In order for the Commission to consider approval of this Use Permit, one of two events must have occurred. These are the property has been rezoned ;or at least ten (10) years have elapsed from date of recordation of the covenant and the Planning Commission finds circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the development restriction. As the property has not been rezoned, the Commission must make the second finding in order to approve this request. As the requisite time period has passed, the only remaining finding needed is that the circumstances regarding the property and other properties in the area have changed sufficiently to reconsider the restriction. 0 BUTTE COUNTY PLANNING COMMISSION 0 AGENDA REPORT 0 PAGE 2 0 Examining the subject property first, it appears that little has changed with respect to the circumstance of the site. The orchard has not been removed nor does it appear to be failing, though the trees are older and the expense of replanting may not be cost effective given the small acreage and proximity of neighboring houses. The neighborhood has, likewise, remained relatively the same. Only one new house has been constructed on an adjacent parcel since the approval of the Use Permit. This house is located on the north side of Bell Road and is approximately 225 feet from the subject property. The only new parcels created in the area since the approval of the Use Permit are 5 -acre parcels located north of Bell Road. Based on the above information, staff believes that a significant change in the land uses in the area has not occurred since the Agreement was approved. ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission take the following actions: I. Deny the request for a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a Homesite Segregation subject to the following findings: A. The General Plan designation and zoning designation for the subject site has not changed since Use Permit 84-36 was approved. B. Though the requisite 10 years have passed since the covenant to restrict the development of the land, the circumstances of the property and surrounding area have not changed. 1. The property is still being used for agricultural purposes as evidenced by the orchard on-site. 2. The character of the surrounding area has not changed significantly since the approval of Use Permit 84-36. The only new lots created in the area since 1985 have been 5 -acre lots conforming to the A-5 zoning district. 3. The amount of orchard acreage in the area has remained relatively the same. K:\PROJECTS\UPC\NIX\nixagenda.doc 0 BUTTE COUNTY PLANNING COADUSSION 0 AGENDA REPORT 0 PAGE 3 ■ 'Ke Vicinity Map ARITARBAR UP 02-12 042-050-072 5.1 3M Kill a 111 Ir UP 02-12 042-050-072 V 100r, s A-5 -------------,. % 6.16 d •s Bell Rd 5.40 ,0 ') 6.3W6 Pro "ect Location 4.94 c�o A-5 a Rodes -2 A-5 3? C` S A- A-5 C-2 700 0 700 1400 2100 2800 3500 4200 Feet BUTTE COUNTY PLANNING COM USSION N Supervisorial Applicant: Marc Nix Owner: Same Hearing Date: May 23, 2002 @ 9:30 am. Existing Zone: A-5 (Agricultural, 5 acre minimum) Request:Use Permit to remove development restrictions imposed by UP 8436 on the remaining District # 4 property of a homesite segregation. Assessor Parcel No: 042-050-072 Me: UP 02-12 :'•fi... r. ilC y goo. I � ;- u to co, In L A N D O F N A T U R A L W E A L T H A N D B E A U T Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 May 2, 2002 Marc Nix 3377 Nord Avenue Chico, CA 95973 Re: Use Permit, AP APN 042-050-072, UP02-12 Dear Mr. Nix: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue, north Chico.. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for May 23, 2002, at 9:30 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. j:\wpdocs\pc1ts\schedu1e.mrg 0 • USE PERMIT WTTE �cOUNTY d4.`hX�YtTt 24ifdi8ii4>i1�614 r It ], t- "2 , , 19,94 1 . BOARD ,OP 'SUPBRVISORS DATE (Registered mall receipt) "� + r ra2ts air" • . tuk s��, 84-36 4y 3 • k g PERMIT NO. r � yyyy1�%� �.1 � i1.,�r•�-17 ` ig l j '' ASSESSOR'S PARCEL NO. ;;. Pursuant to the provisions of the Zoning Ordinance of the County of. Butte and the special )'`?rddreondltlons.set forth below: -NAME —is hereby granted a Use Permit •In accordance with application fileq:3 2 84 toallow a homesite se.11•egation' in,;anfi+agr3.cultural zone"ui A -S ate located southwest side of Roll `Road''hnd' Nord _Avenue, Chico. " •1:'., Failure to comply with the conditions specifies herein as the basis for approval of appli- "`;='r=.' cation and issuance of Permit, constitutes cause for the revocation of said permit in actor-. ance .with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 "Unless otherwise provideo for in a condition to a use permit, all conditions must be' com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. 3 'llf ariy use for which a use permit has been granted is not established within one year of the date of receipt of thecountersl ed by the P 9n permit permittee, the permit shall become null •• w •,•°and void and reapplication shall be required to establish the use. ySPE161ACONDIT101,19e •; ..'111'. ;tParcels:ahall,he created pursuant to the requirements'of the State ibdivision MapAct, the Subdivision Ordinance leach field area •''• - quirements, and CAtapter 20 of the Butte County Code. Prior to the division being effective, the owner or owners of the d;`cpioperty included in the approveddevelopmeltt plan shall. execute 6: :• , d cause to be -recorded in the office of the Recorder of' Mate ouitty: a restriction bindingupon the ori P giltal• owners and their. v� hetes; successors and assigns, which disallows additional dwelling s r'om being located on the property until either of the following '�oonditions occur: Ott" yThe-property•ia"rezonod to-.azy other zone; or At least-ten'(10) years has elapsed from date of recordation, .s wand'the commission finds circumstances regarding said property �itd-other ropart�es in th r a have hnn di sl ffi i ntly to* w1 Hereby declare undef penalty of per)uryihal Iehava read t ie lorY0dln� �Ondifr6n , the are In tact the condltlone which were Imposed upon the granting of this use +ipermlt, an "gree to abide fully by said conditions r i a 7 !e,,,• Applicant ' -.oNrw,,,..3F!.r' NOTE "ante of this Ute Permit does not wa�reqent of obtaining Building and Health Department Permits before startior does it waive ' r6� ��'wzany otherroqulroments��re r ! k CC: "Health Department 'Department of Public Works (2) ' Fire Department cheim en of erlrni" wnlaiprt< "reconsider the restriction. I'ueit.: n1' .,npr.r� i ser= NOR USE PERMIT Parc 21 of Z WTTE COUNTY PLIINNINQDDIN�pRililN , ^ July 24. 19!: •1 IBOARD- OF SUPBRVISORS DATE (Registered mail receipt) 1 ��jrryf; rah" 84=36 J, Rs•, f�a r�' �y of PERMIT N0. 42-05-67 . �i zT xi y'f�� (' r'i`ll ,l• .•a� d;menu � p'% ,? v, y° ' 'ASSESSOR'S PARCEL NO. Purauant'torthe provislons of the Zonlnp Ordinance "01 the County of Butte and the special } `conditions set forth below: Rithird:Ramsty " la hereby granted a Use Permit . ,An accoidanoe'wlth appticatlon filed' 3/2/8'1 • toallow a homes ite segrogation : in an. ;agricultural tone of A-5 ate located southwest. side _o —Bel l Rorid and'.Nord Avenue •Chico.'•. ;• aim ; .,. .. .. > , 1;. Failure'to comply with the conditions speciftei heroin as the basis for approval of appli 4 "^ cation and issuance of Permit; constitutes cause for the revocation of said permit in accor- dance with the procedures set forth in the Butte County Zoning Enabling Ordinance. 2 Unless zother,ilie provided for in a condition to a use permit, all conditions must be com- pleted by-thd permittee within 12 months of the delivery of the countersigned permit to "the permittee. .If any use for which a use permit has been granted is not established within one year of the , -',,-/-date of receipt of the countersigned permit by the permittee, the permit shell become null and void iiid reapplication shall be required to establish the use. ' • SPECIAVCONDITIONS::- 3„ Applicant must'Comply`.•wi.tlt.any regai.rr.!aicnts of the Building . :. .•Divisioii•of tha Department of Public Works., 4i:;,,Applicant must. comply with all other applicable �tate+and local'..`; statutes, ordinances, and regulations. 99'1 14 Al l� f • ' i �.F`i'}�M C:t a hey 1° �' w e _heretr� declare under penalty of perjury'that I have read the foregoing conditions that they ere In. fact the conditions which were Imposed, upon the granting o1'this'uae':'.'', ":"'i•*, f e permit, and the t l (,a`g'ree t0 abide fully,by said Sc�oAnditl0n f�JT. .° ter a� <; ]�'iiP, r •� Y - b, c •.1 +tri+ y1`r� Sxt, 4l �� .p .may `>�" . S Dated .. Applicant I � � .y i:1k •�x'.J Wk'i'�t",'� v .'q.. .,y; /S �I r . / T .`NOTE' 'J ,Yn `•• l4 r . C.,'.c rit• ,.Iswance'of this Use Permit does not waive requ?rement of obtaining Building . ,r,✓i and Health Department permits before. starting construction, nor does It waive k„ y sany othe :. uiremente HealttiDepartment Department of Public Works (2) _ Fire Department Chni mm of Poxwt eaorr.,1t.loa 9 .. :, _,., •:a.,y��t—`ia,+1�i,�,:_ �ar:`.,�..a�iiluWu.:s!+:.u:..•mw,a.u...,:.r.........,..►. FILE NO.: 42 -OS -67 BUTTE'COUNTY PLANNING -COMMISSION STAFF_.FINDINGS.-'.May:3 1984 r 9 ` + Richard Ramsey OWNER " i f 'dr r r�:. wr r. r•4 ,. p����R 't o x, ••'Jack Dooley . REQUEST r� s; rS �r; ,•.,`,�� Use permit to allow a homesite "..,i^•'�:�°; �" :ir.wt y' '! '' , segregation in an agricultural zune 42-05-67 J 2..• SIZE 11"f�•s�,,t wJ, r ti 6.57 acres LOCATION _Z ;�r ,`r`` rti :' L �,.�r di +• Z: ,y ,L Southwest side of Bell Road and Nord-- Avenue,-Chico ord•Avenue,•Chico EXISTING ZONING ZONING HISTORY :rar;;,.Zoned'A-S June 14 1966 Ord. 0895 iURROUNDING ,ZONING },: 't�� j� A S SURROUNDING LAND USE Orchard $ Field Crop GENERAL' PLAN °DESIGNATION: ;t�', `, .,.1..:- `,';Orchard and Field Crops APPLICABLE- REGULATIONS:-,{;hj,,,,? -,;`: Sec. 24-47 and 24-54 of the Compre- Public' r} ; hensive Zoning Ordinance. 1•Paicels'shall be created pursuant to the State Act,and Chapter 20 of the Butte County Code." alt}►:w:,?"No•:objection to use permit. The segregation will 3ivision;ordinance leach field area requirements (10,000 field area).".. r ,;r, �s" "•`+',:t:: �°?;;� t.+�,,, :S; t i. o ` Ki� ...y�,.. "No ;comments °' 0;'4'.� �3 ANAI:YSISiW41i1i0rr �Yw'�rY�'R;�}fi}�%f Thisfiisya;propo'sal,to'osegregate.a•2.0 ia%cre.:homesite from a 6.57 acre r walnut•ochardtin,'an,A=,S;zone.;_f.The;owner'wants to keep the walnut. orchard �and;'sell:'theµhomesite't"o, recoup his investment. This procedure is actually).creating'+two.sellable"parcels.:which'is-not in keeping with the .intent',ofttheihomesite,segregation.ordinance;!the stated intent is to •.allow,'�the�'ownersi-togseparatettheirthomesite from the agriculturally used :portiony�ofk�the;.property allowing%them to •keep •their homes and at the same .'time;preservei,the agricultural�iland in`:the County. The reason for the 'segregitionRis"'questionableifoi;conformance.to the finding required in Section` 24 S4 [*a [ (3)t w{hicht ,reads rah++-,,.��i �'���7� ,� �t; i�1 5+"% yCr�i.'i::�U' t � r"},�'k�Z�` �'{�r '�• - •� a ,. - 1� } •ji. •1 °•.11., V+l1.'!, 'J ,r}l+•r til.: ;2: i ..Z`.' y l� rl:. •u jY"R ••' „•^.``i'' '.'l"' -^k•d •• NorthStar S %r.�fi h��ngi grin g K'r;#•T at ,�,1' ° i,�+r'f►•+.N�s t t>rt�iy n OW �i jc'S`v? "�• r r' '' , .+-. •a ♦ �., ;!% : S •t- O!y'OVM.LE. CALIFOf11aA Yi.as� .May•9,'1984 , �i� � �� •^ . ,�,` �r t MAY 91984 •` at s,r �k� elk} ��� t .i +'„x,: . B0AMOFSUPERNMORB iJ3.Y3 t•�'U f���' l.r ,rY t( • it ` •yJ� ' rti ,• County of'Butte� •.+r w r,mJ :Clerk, of- the Board' of Supervisors �; 25 County Center. Drive, 5; j t t AOroville. CA 95965 I ♦i r q ;. , a�•`;;wr Rer Use. Permit •A.P. 4 s{ta „iCl�erk of the Boards'T�R ft,1� x?4a+;x ,J •' };Y �'i 7B '< �14}'t;.i� <i.G'ti"�s�ri?` +. r ' •, � ;� .... f l;� L<"4'CrJr;;6n behalf,of 'our client;) vewish to appeal the denial of } f"t"+our,request to the, Butte County Planning Commission for a Use Permit allow a homeaita segregation on property zoned A-5, located at the southwest side_of.Bell Road and Nord Avenue. Ifrve can be ofrany further assistance to this matter, please . r,{�; i�contact thia•0ffice: Ni Very truly yours, .. , y = r ;': , NORTHSTAR ENGINEERING st^�. T t , ., a Iy , Myles L. Pustejlvsky c t� fr; i ccs. B A Yircher; ,Plnnning Director �KT; r t at n � ni.r, �-i i r s5•.y; f+ -s' 1 �.r,�C•?Wt J r �.c. ,� r , � . ,. . t..a !a r r • =ts.1( t`t,`l1i t t' J j2 t ,1'•`1n� j, A Al.•ta - .r �.Ii �r�tL+�,4afip;� ; ra ?�IYL°tQ6�a�,)ryy1?t ` r'r. J "r )z 10' 377 Catno;rt Court, SuRa B + .+ .. Chico, CA 95928 �i.j. �' yi1 J "r`'Zv:.i't rT �.. •.tC yr :t t3' (916)893.1600 0 FILE NO.: AP 42-0S-6/'' BUTTE'COUNTY-PLANNING COMMISSION•- STAFF7,FINDI[NGS-- May, 3, 1984 r,�\�}4 �xa.� lf�lt�•`pi tr�,'��• � � .' . r.�4 s K Yrw ry: • -p., , (3),•The;proposed segregation' and development is justified or made•necessary,by the occupancy of,homesites, ownership of -property;Yorganizational structure'of ,the farm business, fin- ancing�requirements,•,retirement planning or similar circumstances. The project;is'located within the Bell-Muir Study Area. There is•a strong possibility'that this area will-be-included into the urban side of the Chico•Area:Greenline within:"the•next 10 years giving the project site a poten tial:for.further development. ' .pit:f,tti ,�.={;. The"environmenta U documentshave',been'comp1eted-and a"Negative Declaration is recommended.t�4-,kr a }•�,. : cL, 13r RECOMMENDAT ONS { i....�rf �J].'( t � A..;-Find, that the,requirements.of CEQA have been completed and considered in mikingq this, decision;and.ir' B. Find'thit,the project does•not meet the requirements of Butte County Code,Section 24-47 which states "that the proposed use of the property will not-,,impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and'general welfare of the persons residing or working in the neigh- borhooi.or,.to'the general health, welfare and safety of the County"; :and Butte Xounty Code Section 24-54[a](3) in regard to the justification or the-necessity of the proposed segregation; and C. ,Deny,t�he;use permit'to'allow-the segregation of a homesite on AP 42k � S{e �(Rams G'�• ey)i�'ne .i, ��et,-.f' f Z +i.'g i�%'t '•f�.t�c.� ,•i , If the'Commission`,can make the findings required by Code Sections 24-47 and 24-54(a](SSSr3....) then,ix,would be proper to:,,, •• '?u.;�.. r4,�•y C t�~�S vi.' si;tii'1-t.5* A. Note,that.( the:'requirements'of.CEQA have been completed and considered ,.,in`maki�yng1this, decision;arid adopt a Negative Declaration; and ;f'•.,.} �7..,Z:i'l.Lh1i�.F) iii Yt, :�tiy,'�t4hS24�ri♦ + ' �•:, }!�.,. i B. Find;:thatthe,project'meetsS."the requirements'of Code Section 24-47 '.'which states ti'that the,propbsed use of the property will not impair _Lthc integrity and characterAof.fthe _zonerin which the land lies and •'that;the•use•would not.be unreasonably incompatible with, or injurious to;surrounding•properties or detrimental to the health and general ;welfare of the persons residing or working in the neighborhood or to the general;health,'welfare'and safety of the County", and Code Section '24-54[i](3) with regard`to,the justification or the necessity of the pry�op/o♦sed:;segregatJon, andr� C "Approve,lhi�prop6sed�segregat ion of a parcel for use -as a homesite on AP,=42-05-67i(Ramsey),,subject to the following conditions: . �;r��yji�'eti"r���'J3(�r .�4aF}i �'i.I»;� • 0 USE PERM11 BUTTE COUNTY Plt4WkO COsiiMigg" -- !il RI, GF Rt!PFRV 1 Villi :; DATE IRagistered mail receipt) • • SI - .i 1: • PERMIT NO. • l l7 ' ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Ric!wr.i :,'arisev ME _is hereby granted a Use Permit in accordance with application filed: "' __to allow :• .:c i t c' sr ret;at i•' in .11 n• 1,i�•,!I ural OIi: r: ate t l c r,.; n,...tt;, . .. irlr �' I 12U:rC •.O 1'c ,.y C•:: 1• Failure to comply with the conditions specifies herein as the basis for approval of appli- cation and issuance of Permit, constitutes cause for the revocation of said pernit in accor- dance with the procedure, set forth in the Butte County Zoning Enabling Ordinance. 2 Unless otherwise provided for in a condition to a use permit, all conditions must be com- pleted by the permittee within 12 months of the delivery of the countersigned permit to the permittee. a if any use for which a use permit has been granted is not established within one year of the date of receipt of the countersigned permit by the permittee, the permit shall become null and void and reapplication shall be required to establish the use. SPECIAL CONDITIONS: P.trt:c'.s hall. I:r cre�ai, J .'ursuant. ti,e r(!, c Su.) isiu;. :in.n ACT. t',e 1:LLt1;vision Ordi.nanc:e ).C;:c`l iicid rr: r aqui r't'n!^ilt5, :tl:d.:foG r :1I f t1in iiUt.r, t,:i n;lt !.)• l;nt.lr. r tc t� tl•e .iii.sia,, ih<;;;t; !•f Cc•ti1'c, :.ilc (2 1, or owncrs •'i' rF- cr tv ilti.cod::t, tc ,t •' _ ctl J, vt.)0 );a0:1t 1`1;,:1 s11aj.: cx...:;c PILE C•tUSC I:n i';C fY•i:OI'jL'a :l♦ .. ,;); i tC^ 6t t�:r e1 0` :.[life Co -Ill ly n re:stri.:t C•r; ...u,ii ;.. _a .: r �r.it it:a l hri.rs '5HCCCSF..o;., a•,! AsSi r,s. t h ,. „i:al''t,'•:.. r op; L f' l t Cd ?1' T �„ , .. 1 , . , ... udufli I iu:.- a ...,, ,t tl; 'litc 1)ruperry irezulled to ;I -I ot.:or nC C, 1. 1, A: lCnst trn101 v i cars has ..:npst:d frr;,, U, r•>t:or•Sat:ot:, alltl t;`. -1 isomraissir,tt fll.::S ciT,;IL!sta;:CC i'C�:1'J nl said arQ.,tl't and ot!'.cr ':topert.ies ill the arra Il:,c u'sf4' ls I hereby declare under penally of per(ury that I have revad t�te'Ioregdtin' ng condu`ilanY,nt the�the are In fact the conditions which were Impowd upon the granting of this use permit, an I agree to abide fully by said conditions. I '— Dated: `•r� ' Applicant NOTE: __—Mance of this Use Permit does not waive rq-trifament of obtaining Building " __and Health Department permits before starting cons ituctlon. por does It waive any other requiroments. CC: Health Department Department of Public Works (2) Fire Department Cheirm•n of Paening CaMmIWidn' � r;. i:l`, : •, i tip.,. . rt,t ' .�;:n l f:iA F,.l� C.t rt y t _,7t t�j� �,i , �.1 rU ♦.i :.t, il Oki - 0C 1 js4t'�" l health.departmehtwhichever is greater. �(•j !!i i ior;to the•dlvisionrbeing effective the owner or owners of Is4t.�lrtf`� :7,�r'Cl,�t •' $,lTyr y����at�,� the-propetysineluded`in thoy,approved development plan shall execute and cause �• �.F-yi�rC�. t���`j `d I -S'(..�;� 'it• . to:;berrecorded'•iny,thetoffic;e;of-the recorder of Butte County a restriction binding�uponythe'ariginal.'owners and their heirs, successors and assigns, which disallows additional'dwellings'from being located on the property ,jf rt:,�:�'.�•EIi' ••� »,,fir.,.•.!'..., p .alt until -either of"��the;iollowing conditions occur: a'r`wThe property is rezoned to any other -zone; or .A'.,»iLi!1.'.rY:`•�r":i'iJ:.�L#S`!:?f'�; a., "#4 At »'y*� t At�,least ten (10)ayears has elapsed from date of recordation, and i(`:wJ � ;'.�,J'�'��{:e �'.`` �v "`:-• y aat4i;`���`�'�-=jam .`•.;••:� lSt, l..:r-is y. �.. +tii?tommissiori'•finds,circum`stinces regarding said property and ""N'.0ther properties in tho area have changed sufficiently to reconsider erestriction 1'LI r - r } :t, L�i�t Crantor(s_)'agree.that this.document may be'recorded in the Butte t !- County`Recorder's Office ^q IN:WITNESS WHEREOf•,.The Grantor(s) has(have)'caused these presents to be executed as-of'the day,and"year first above written: . ..... . T.y';(•:�'y+'W'.�•s1:.!'.. .... rt.r,. i'.• ..7L..:...ri. • . f .. . 1 E y4a"M1. .[+. •w A �}�1-�tL�. x+f.yfi.,'�+ •t ,+-5. .... f.� __ _-- + w'fi to •' to be'<.,Sr"i`;1rR:7 ►news M at�b�lboonaa-ate wl�a. n.�.6 �f �W9 5 t'�1F .uMalb.d to, 04,rIMM M.niirrrnr �rld sed l.dq.d l� .aM.d Ar urrr. i�. �1 Y%�r it •!P;:" .. . WITNIfs •M Mnd Md oft l x•'`1ANEANDEE TODD ,6 kb3G�– NOTARY rusuc•uurOwIA SIgroM� Butt co" Mt/ camninion E.pir.. Oa. 1 k 192f,S _Janaan-Dee_Todd.— _.__ _ N.— (typ.d a hint.d) Joseph and Patricia McArdle Post Office Box 657 Forest Ranch, CA 95942 RE: Public Hearing - Appeal - Marc Nix Use Permit 02-12 Dear Mr. and Mrs. McArdle: This letter is to inform you that the public hearing before the Board of Supervisors for the above -referenced matter has been set for Tuesday, July 9, 2002, at 10:35 a.m. The hearing will be conducted in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. If you have a conflict with the above time and/or date, please contact me immediately. If you plan to submit information to the Board, you will need to provide 8 copies of each item you are submitting. Also, please be aware that any information submitted during the course of the hearing, including photographs, maps, video tapes, audio tapes, or written material, will become part of the public record for that matter and will be retained by the Board. If you have any questions, please do not hesitate to contact meat 530-538-7643. Thank you. Si*on ly, Reeves t Cle of a Board /mr c . Dc` evelopment Services Marc Nix, 3377 Nord Avenue, Chico, CA 95973 SU sBOARD OF SUPERVISORS CURT JOSIASSEN, Chair Fourth District ADMINISTRATION CENTER R. J. BEELER 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 First District TELEPHONE: (916) 538-7224 JANE DOLAN Second District MARY ANNE HOUX Third District KIM YAMAGUCHI Fifth District June 10, 2002 Joseph and Patricia McArdle Post Office Box 657 Forest Ranch, CA 95942 RE: Public Hearing - Appeal - Marc Nix Use Permit 02-12 Dear Mr. and Mrs. McArdle: This letter is to inform you that the public hearing before the Board of Supervisors for the above -referenced matter has been set for Tuesday, July 9, 2002, at 10:35 a.m. The hearing will be conducted in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. If you have a conflict with the above time and/or date, please contact me immediately. If you plan to submit information to the Board, you will need to provide 8 copies of each item you are submitting. Also, please be aware that any information submitted during the course of the hearing, including photographs, maps, video tapes, audio tapes, or written material, will become part of the public record for that matter and will be retained by the Board. If you have any questions, please do not hesitate to contact meat 530-538-7643. Thank you. Si*on ly, Reeves t Cle of a Board /mr c . Dc` evelopment Services Marc Nix, 3377 Nord Avenue, Chico, CA 95973 0 . 0 (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of Notice of Public Hearing. AFFIDAVIT OF PUBLICATION State of California ss. County of Butte The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned was a citizen of the United States and not a party to nor interested in the above entitled matter; that I am the principal clerk of the printer and publisher of The Chico Enterprise -Record The Oroville Mercury -Register That said newspaper is one of general circula- tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 by the Superior Court of the State of California, in and for the County of Butte; that said newspa- per at all times herein mentioned was printed and published daily in the City of Chico and County of Butte; that the notice of which the annexed is a true printed copy, was published in said newspaper on the following days: April 25, 02. Dated May 23, 2002. at Chico, Califomia. ou (Signal e) NO. Notice id by the 'E Planning 1. that a pubI be held May' 23,' Butte Coy county > A Center, 25 ter Drive,:( forma. req, 9:30 a.m.' Me Permit to re► opment i -•�r imposed byy .84-36.6n the property of;: segregation, zoned A-5 (A 5 acre pai and Nora'= 'JAyeri approximateljr�4,00: feet east., of :Mu,r;Av"ue north .Chicon 050-072 (CS) U & 12) The aboye mentioned application'`aridr p is on file and availiitilefor public viewirigattrythe office of the Butte_`. CoUn ty DevelopmenS®�a vices Department; Plan; ni'ng DiGsior%7 ouniy Cent erDriVe.'x_Orovillei 8:00 a.in. k Urr ments`r miffed in-wi time prior to or orally 4t,1 listed above be continue an a pea, the Jerk c Supervisbi period is,1 may oe imea"ro rasm only those issii'es.:ydu; someone else`alsed a the public •:lieaiin described ion this:rto'u or in written_ooespo dance delivered to th Planning Commission at or prior to, the•'pubfc hearin g. F264759 . ,` BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, May 23, 2002, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:30 a.m. - Marc Nix, Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation on property zoned A-5 (Agricultural — 5 acre parcels). The property is located at the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue, north Chico. APN 042-050-072 (CS) (UP 02-12) The above mentioned application and map is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. Upon action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION To be published in the Chico Enterprise Record on Thursday, April 25, 2002. 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION I#/ L14N TO: City of Chico FROM: Butte County Planning Division p RE: Request for Comments on a Development Application: Marc Nix, UP02-12 DATE: January 14, 2002 CONTACT PERSON: Craig Sanders 76 2042 The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to . 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite seg_re ag tion on property zoned A-5 (Agricultural - 5 acre parcels) located at the southwest corner of the intersection of Bell Road and Nora Avenue. approximately 400 feet east of Muir Avenue, north Chico., identified as APN APN 042-050-072. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May , 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN _January 25, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVI I S O PLANNING DIVISION TO: CDF JAN 2 4 2002 FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Marc Nix, UP02- �2 BUTTE COUNTY PLANNING DIVISION DATE: January 14, 2002 CONTACT PERSON- rafg ande The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation on property zoned A-5 (Agricultural - 5 acre parcels) located at the southwest corner of the intersection of Bell Road and Nora Avenue. approximately 400 feet east of Muir Avenue. north Chico., identified as APN APN 042-050-072. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May 9, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 25, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 EnvironmentalBUTTE COUNTY Health DEPARTMENT OF DEVELOPMENT SERVICES AN PLANNING DIVISION 4 2�j 70o0 4,Centerprive TO: Environmental Health roville, Ca FROM: Butte County Planning Division RE: Request for Comments on a Development Application'�rc Nix�UP02-12 DATE: January 14, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application foruUse Permit to remove development restrictions imposed by UsePeinut 84--36_on the remaining property of a homesite seg_re ag tion on property zoned A-5 (Agricultural - 5 acre parcels) located guli6 southwesf corneri of the intersection of Bell Road and No�7 v� =nue+approximately 400 feet east of Muir Avenue. north Chico., identified as APN APN-042-050-072. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 9, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN 12anuary 25, 2002: If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 E BUTTE COUNTY LAFCo DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION JAN 16 2002 TO: LAFCo FROM: Butte County Planning Division Oroviiie, California RE: Request for Comments on a Development Application: Marc Nix, UP02-12 DATE: January 14, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. +The. purpose=of-this-comment -- sheet is to:�-,� 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project , and submit conditions, if an and to N ' 2. Determine the appropriate environmental documents to prepare for this project, as w6h as to ideAtify pa ticOlar l� environmental concerns to be addressed or mitigation measures your agency/department may want incorporated.._•.__ c t ll.141Y If the application is determined to be complete within 30 days of its submittal it should be heard at the estiml ted:heianng,dateN indicated below. If a response cannot be submitted within the time frame given, or if additibnal'informatiori ig'"needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation on property zoned A-5 (Agricultural - 5 acre parcels) located at the southwest corner of the intersection of Bell Road and Nora Avenue. approximately 400 feet east of Muir Avenue north Chico., identified as APN APN 042-050-072. Supervisorial District No. 4. 062 OZZ THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON • May9 , 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 25, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): /1C -' 1f '4 2 AJ 2. ,& Co• /Worpj. Ce,�Tr � %iii, %lrtc zi 6w LrX�ANfr�n I7/�./y 4,4 3. 0. A . P. R . /'gar Ck4^d 4 .4 1r.4 lir&-r�� /c+y<iit�ie f S- /Suf�� Co/der[ Jf-C , i+nc rff-- y U�t.ia/rr�^s ((/rrdrndl 4,4-r 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 • • (__�' BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Marc Nix, UP02-12 DATE: January 14, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation on property zoned A-5 (Agricultural - 5 acre parcels) located at the southwest corner of the intersection of Bell Road and NordAvenue, approximately 400 feet east of Muir Avenue north Chico., identified as APN APN 042-050-072. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON May 9, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 25, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 90e3Ai t TIS ge6/ZVrZ196–j 00C vM exX– /4u/ 70 R604o ver 7- R6V, ut2&T441✓rs �ff rr, 1 2002 P1 - Ft. r1!%,< CI -IN 2 Z I ZOOZ REM VED 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785JAN 14 2002 LAND DEVELOPMENT DIV. 0 1 0 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Development Services FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Marc Nix, UP02-12 DATE: January 14, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation on property zoned A-5 (Agricultural - 5 acre parcels) located at the southwest corner of the intersection of Bell Road and Nora Avenue. approximately 400 feet east of Muir Avenue. north Chico., identified as APN APN 042-050-072. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON May 9, 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 25, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): a oma^^ 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 AP 042 -05E} -a72 Marc Nix UP 02-12 A,5 6.16 Bell Rd � SAO' 36Pro ect Location - 4.94 UP84-3 ,home a seg A OFC' e R qYe. A- f • aF A �J0 'A 0r� OFC 700 0 700 1400 2100 2800 3500 4200 Feet BUTTE COUNTY PLANNING COMNHSSION Applicant: Marc Nix Owner: Same Hearing Date: Existing Zone: A-5 (Agricultural, 5 acre minimum) N Supervisorial Request:Use Permit to remove development restrictions imposed by UP 8436 on the remaining District # 4 property of a homesite segregation. Assessor Parcel No: 042-050-072 Fue:UP 02-12 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Marc Nix, UP02-12 DATE: January 14, 2002 CONTACT PERSON: Craig Sanders The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a homesite segregation on property zoned A-5 (Agricultural - 5 acre parcels) located at the southwest corner of the intersection of Bell Road and Nora Avenue. approximately 400 feet east of Muir Avenue. north Chico., identified as APN APN 042-050-072. Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - — DEVELOPMENT REVIEW COMMITTEE ON May 9 , 2002. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN January 25, 2002. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 "DRAFT" LEAD IN SHEET FILE NO: �A I' Or; -l.a AP# 04/;L -9S-0- 07a APPLICANT: 4 2 C N i K . 33 ?7 AIO e0 A11661, , ca <�?. Gq 91'9 7_'3 OWNER: S�rylc= REPRESENTATIVE: S v-•-'cf PROPOSED REQUEST: (to be filled out by person taking in application) e- Jc r " R&I 99vAj-r 7'0 7-b4t << Go.✓ys>��.✓�f� 0/2 Ri � ;1,Y I. /0,N14t 7-0.0.x/ rAA0.4 i l do IK'i- 3 ( . Jee (L-^.dG L 9sc= (� 1 /)o .G Mt? km FINAL REQUEST: (to be filled out by project planner) aSG SIZE: S, 03,4-C a� SUPERVISORAL DISTRICT # --�— EXISTING ZONING: GENERAL PLAN DESIGNATION: OFC ASSIGNED P .ANNER• c' Date Application Received Date Project Assigned 1,J R/ 0� 39 Day Complete ag / 01p, Preset Hearing Date IYZA:7 0 2 0 PLANNERS INITIALS —t COMMENT DISTRIBUTION LIST APPLICATION: DATE: County Offices and Cities: _ Chief Administrative Officer __jL Develop. Services Director X Environmental Health X Assesor _ Sheriff _ BCAG X LAFCo _ Air Quality Mgmt. Biggs _ Gridley Oroville _ Paradise Information Systems Dept. _ Animal Control Irrigation District: _ National Marine Fisheries Sservice Butte Water _Biggs/W. Gridley Water OWID _ Paradise Irrigation —Table Mountain Irrigation _ Thermalito Irrigation Domestic Water _ Butte Water District _California Water Service Co. _ OWID _ Thennalito IrrigationDistrict Sewer Butte Water District _ Themalito Irrigation _ Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection X California Department of Forestry _ EI Medio Fire Protection District Recreation Districts Chico Area Recreation _ Durham Area Recreation Paradise Recreation & Park _ Richvale Recreation & Parks Utilities PG&E North - Chico _ Chambers Cable TV PG&E South - Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept. of.Water Resources Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. Central Reg. Water Quality Cont. _ Caltrans, Aeronautics Program Department of Conservation _ Off. of Mining Reclamation Dept.Soclal Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management _ Army Corps of Engineers _ National Marine Fisheries Sservice Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee Paradise Pines Com. Assoc. Mosq. Abatement. Oroville/Butte Co _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy XPublic Works Director Building Manager ALUC Butte Co. Farm Bureau Chico Chico Airport Commission X Agricultural Commission _ Durham Irrigation Richvale Irrigation Other Del Oro Water Co. Other Sterling City Sewer Main Feather River Rec. & Park Pacific Bell _ Dept. of Fish and Game _ Highway Patrol Off. of Govemmental & Env. Relations US Fish & Wildlife Service School Districts K:\PLANNING\FORMS\DISTR.LIS 1 • CARL B. LEVERENZ A PROFESSIONAL CORPORATION TIMOTHY D. FERRIS ATTORNEY AT LAW December 13, 2001 Via Facsimile (530) 538-7785 and U.S. Mail Butte County Department of Development Services Planning Division Attention M.A. Meleka 7 County Center Drive Oroville, CA 95965 515 WALL STREET CHICO, CALIFORNIA 95928 TELEPHONE (530)895-1621 FAX (530) 894-5043 D E C 1E 00, DEC 14 MCI BUTTE COUNTY PLANNING DIVISION Re: Use Permit No. 84-36/ A.P. No. 042-050-072 Dear.Mr. Meleka This office has been requested to assist Mr..Marc Nix, the owner of the above parcel of land located at 3377 Nord Avenue, Chico, Butte County, California in terminating the covenant restricting the construction of dwellings upon the property. As you will note upon review of the County's. file regarding the property, more than ten years have elapsed from the date of recordation of the covenant (July 25, 1985) and certainly the makeup of the area has changed considerably in terms of use. Please forward the necessary application forms to terminate the covenant pursuant to Sections: 24-285, and 24-45 of the County Code along with a copy of the fee schedule adopted for such applications. Mr. Nix is interested in making application within the next .two weeks and your prompt attention to this request is greatly appreciated. Any suggestions that you May. have lo,,move this process along in a timely manner would also be appreciated. Page 2 December 13, 2001 Please feel free to contact me with any questions or comments. Very truly your 44, TIMOTHY D. FERRIS TDF:ajh cc: Marc Nix Bill Carter Steve Lotti o� pybce-Ss 53`����a3 pi Y0,) kOVtf-q a -PC 1 1. : lv\� - builcii.rzgs witl-zi.ri. Z 00 feet of AP 042 -OS O-O'�2-000 1 F1 =house ■ = shop/barn L� ED q6 5. OOAc PU Z Pm a--36 2 A •! Y ♦ M.. 00 Nw 44 �\ .4r� 72 5.OJAc 5.00Ac 69006 w f 6.00acf C 5-09A M.76 �o Gw z C C- z m O C IV o O� OZ 1 F1 =house ■ = shop/barn L� ED q6 5. OOAc PU Z Pm a--36 2 A •! Y ♦ M.. 00 Nw 44 �\ .4r� 72 5.OJAc 5.00Ac 69006 w f 6.00acf C 5-09A M.76 • • ucol.DEUcrf1Z, T 993 s �� NOI r•I t'1T I[ CG -T E•cit irmiu, twow No. 89336 ec ...�: Lor+ No. VMEN RECORDED MAIL TO: Mr. IS Mrs. Leonard J. Martin 3377 Nord Chico. CA 95926 aIIAct MAIL TAX STATEMENTS TO: MID VALLEY TITLE CO. 1988 AUG 25 PX 12102 ELEA6CR K DECKER CLERK -RECORDER FEE__.. SG-e'?1893 .. T.Ns LIME FOR Itt COIIDEIt DOQIVEMTARY TRANSFER TAX a 149.5n SAME AS ABOVE XXZonto-nd on tM oontdretbn of vow of P1"atT so-- spot Oft ..._. conpuwd on tM owrdwatlon or vewi No IMM or 6"WA A"nm at two 0 ow a 1�ZA�ttw -�1 E�trn M v«wo. N,nt NIE.nW0 rM M� MID VALLEY TITLE 3 ESCROW COMPANY AP ND: 042-05-0-067-0 GRANT DEED FOR A VALUABLE CONSIDERATION, rewipt of which is hnttby' adtnowbdpod. ;AXMD RICHARD L. RAMSEY ANiD.JOY A: RAMSEY, husband and -wife hw@by GRANTCS) to . LEONARD J. MARTIN AND EDITH A. MARTIN. husband and wife, as Joint Tenants #W Md pMWW in the QkmMa1CX unincorporated area of the co,mY of Butte Stam of Cdlfomw. Aescr$ed s PARCEL It Parcel 1, as shown on that certain Parcel Map entitled, '8eing-a porting of Lots 54 and 55 as shown on the Map of the Third Subdivision of the John Bidwell Rancho% said Parcel Map was filed in the Office of the Recordtr of the County of Butte, State of California, July 21, 1986, in Book 103 of Parcel Maps, --at Pag56 and 57. PARCEL II: es __ _ ... ---- ....... A 50 foot non-exclusive easement for ingress and egress and public utilities over Parcel 2, as shown on that certain Parcel Map entitled, 'Being a portion of Lots 54 and 55 as shown on the Map of the Third Sub- division of the John .Bidwell Rancho% said Parcel Map was filed is the. Office of the Recorder of the County of Butte, State of California, July 21, 1986, in -Book 103 of 'Parcel Maps, at Pages 56 and 57. -GRANTOR TO RETAIN RIGHT TO USE AND MAINTAIN AGRICULTUAL WELL ON SAID PROPERTY. AS SHOW ON SAID PARCEL NAP, AND TO ABANDON AND CAP SAID WELL. - Dam Atisnint . , i Richard L.. Ramsey aT�TY 10F oaMw Butte . , on August 20, 1986 er wMeetsv 84 a Nary Pw tk In ad Im and sola per oy A. R ey . RICHARD L. RAMSEY and JOY A. RAMSEY ✓ Or+awY kno.n to mM lo, pw-d to -w on the bew of eetrhelory. wMw,bN to W tM OMbO,Mq N,Or n•ffoEI Ishrt: a,bser b,d to o,e ..fin -,.r O"W" And -UrwW WpW to M that M/EM/Il ey erQINO v e Sem- WITNESS ,.v 01 v.d u.d oneri wl ..�•�': �� D0%'ALC r)R;VON -� • ...+�.w n•.• •. .. �:., rya A SO foot non-exclusive easement for ingress and egress and public utilities' over Parcel 1, as shown on that certain Parcel Map entitled, "BEING A PORTION OF LOTS 54 AND 55, AS SHOWN ON THE MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO", said Map was filed in the Office of the Recorder of the County of Butte, State of California, July 21, 1986, in Book 103 of Maps, at Pages 56 and 57. PARCEL IIIc The right to use and maintain the agriculture well, as shown on Parcel 1 of that certain Parcel Map entitled, "BEING A PORTION OF LOTS 54 AND 55, AS SHOWN ON THE MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO", said Parcel Map was filed in the Office of the Recorder,of the County of Butte, State of California, on July 21, 1986, in Book 103 of Maps, at Pages 56 and 57. Osted June 10, 1987 RAMSEY CONSTRUCTION. INC.. a California mrnocatim I By: $TATE OF CALIFORNYI ha (OUIny OF I 1 On ljy,y7�� belola Pik the wWwWglla4 a Notwy nAft in end for Bald $ens pa• ItIL21A.RD L. RAMSEY. President eorwy e(y,.r.e pen olney New, a Hie (or 0 0 d to a» an en baeb of eewterm y 0 w me) b be ow penonlIQ "Aoe. w at khm ellbeabed b RIa w W butnonelM end sclula MdOW b no that haftheAh" aeaeMO the aenla - - - '�r3`a�vc:�sti- ..�--�:"' �S<_�t�ia:8a�letiene:Eltu�l�i�ti1'.:.�;��.:'.ac�..z:sy-�1_,._'�`�_..n _-_�_'�'-•_., - -- 'tl��""s'�' a RE Order No. 679 Eeerow No. 9460786 Loon No. i''�""'4LLEY TITLE 00. AN Is PM 0 34 "EN RECORDED MAIL TO: C&JA(;E J. R03 q MR. i MRS. LEONARD MARTIN FEE,... 3377 Nord Ave. Chico, CA 95926 87-21706 SPACE ABOVE IWIS LINE FOR RECOROER•e USE MAIL TAX STATEMENTS TO: OOL Ji TAX R (04,50 SAME AS ABOVE .?4.. qr. p , « w lve a pI"ty eomrayed: 011 t «e4ukatkmor0"iff6rom syn.t « MI V TITLE AND ESCROW APi 042-05-0-067-0 GRANT DEED i FOR A VALUABLE CONSIpERAT10N, reoelpt of which k hereby edtrtowiedped, �a RAMSEY CONSTRUCTION. INC.. a California corporation i hereby GRANTM to LEONARD J. MARTIN AND EDITH A. MARTIN. husband and wife ' the reel property In the30t%pt*— unincorporated County of Butte . Stsee of Coliforms, described s PARCEL It Parcel 2, as shown on that certain Parcel Nap entitled, "BEING A PORTION OF LOTS 54 AND 55, AS SHOWN ON THE HAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO", said Parcel Map was filed in the Office of the. Recorder of the County of Butte, State of California, on July 21, 1986, in Book 103 of Maps, at Pages 56 and 57. PARCEL II: A SO foot non-exclusive easement for ingress and egress and public utilities' over Parcel 1, as shown on that certain Parcel Map entitled, "BEING A PORTION OF LOTS 54 AND 55, AS SHOWN ON THE MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO", said Map was filed in the Office of the Recorder of the County of Butte, State of California, July 21, 1986, in Book 103 of Maps, at Pages 56 and 57. PARCEL IIIc The right to use and maintain the agriculture well, as shown on Parcel 1 of that certain Parcel Map entitled, "BEING A PORTION OF LOTS 54 AND 55, AS SHOWN ON THE MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO", said Parcel Map was filed in the Office of the Recorder,of the County of Butte, State of California, on July 21, 1986, in Book 103 of Maps, at Pages 56 and 57. Osted June 10, 1987 RAMSEY CONSTRUCTION. INC.. a California mrnocatim I By: $TATE OF CALIFORNYI ha (OUIny OF I 1 On ljy,y7�� belola Pik the wWwWglla4 a Notwy nAft in end for Bald $ens pa• ItIL21A.RD L. RAMSEY. President eorwy e(y,.r.e pen olney New, a Hie (or 0 0 d to a» an en baeb of eewterm y 0 w me) b be ow penonlIQ "Aoe. w at khm ellbeabed b RIa w W butnonelM end sclula MdOW b no that haftheAh" aeaeMO the aenla J PAW 00 CAJlFMNIA 87-2 1706 - COUWY Butt ft wdmard. kwy pubk in OW #0 S'N%- Pvft-r.-Ill -4 k— 1* -4 ft be 0. on beho" of *- _pw#,i" 11. '-4- .d " '* *'" *L'C% cOrP*fffiOft esocwftd A. rIfld. 011 10 Ik bv4—�..dMion ift bond of iF dwoc 0 gp� OFFICIAL 89AL JANEAN DEE TODD •� "�lin�r v.t� �'� ° '.' '�.9'r- ..$circ•-'.�::c.•��.''�;,,�yi�,��J .�c,.i.!u........,l�•�:., ...y. •.�..'N��':-: •y.. A 85-21923 BOARD OF SUMAVISOR9 1.4 JUL 25 IM a 56 ELEA1:01 i :u•��: FEE .M CLERn-R=COS��k NO r 85-2023 _ CONVEYANCE OF DEVELOPMENT RIGHTS • AND D OPEN AREA EASVENT • This �. onveyance of Development Rights and en Area 8 Op Easee►ent, made this 20th day of. Map n_85 , by and between Richard. Ramsey and -Joy Ramsey as Gr"tor(t)•in'cons ideration. "of the approval.of a use permit does) hereby grant to the COUNTY OF BUTTE. as Grantee, hereinafter.referred to as .County. the development rights hereinafter set:forth for:.the term.aaa" subject to the covenants and conditions set forth below..in .ttie property. • :. described'in.Exhibit "A" as Parcel 2,attached her eto•and.made.a part . thereof, for the express purpose. -of maintaining such property::for agriealt ural use'. and .as open area. R E C..2 T. At -S: WHEREAS, pursuant to. County;s'General.Plan, County has Bete` ined that the property of.Grantor(s) described in"Exhibit "A" is agricultural I land constituting a.natural resource .of Butte. County; and X'HEREAS, the County's General Plan sets forth a Policy of Protecting the Agricultural:Production.Capability of Agricultural lands' ,'and`the. maintenance an conservation of.this natural 'resource... and WHEREAS, in furtherance of such policy County has zoned the property ' described in Exhibit "A" to an Agricultural Zone; and WHEREAS. Grantor(s) desires to create a lot for the purpose of main taining a single family residence thereon,. such lot being described as. Parcel 1, in said Exhibit A; and ih•HEREAS. Grantors) has applied fer and been granted approval of the use permit pursuant to the provisions of the Butte County Sec. to, ' n��ni♦ ♦f.. w.sin�nnenr-.. nF c.�/. -ac i.ls..r� ♦1..-�..... .. ..A / ! � / • •�-.:�� - ...+.(.r �'.��.t�.i�.......-�::�•'t2+�:.:..fo,wo`.�xiS:tYiL�I���C '..: v �9i' h�i+.�lt�1.6. :yam, ' 'eLi�l�f.Cf:;. I 85 of the Agricultural Zone:in which the properties described 'in Exhibit :•A'" " are located, and to maintain the consistency of said zone with the -policies set forth in County's General Plan. it is necessary and desirable .that i Grantar(s)�convey to County -the right to.construct additional residences on the property described in Exhibit "A".2s Parcel 2; and. WHEREAS. it is the intent of the Grantor(s) and the Purpose of this. } easement and grant of development rights to allow the Grantor(s) to main- tain a residence on the lot described as -Parcel 1 on Exhibit A.and prohibit the maintenance of residences.on the property'described.in Exhibit "A -.as i Parcel.Z.so as to. neither increase nor decrease.the number -of residences permitted by; the. zone in which the said.properties are located. THEREFORE, in consideration of the approval of the'use Permit granting permission to Grantor(s) to. maintain a single -'family residence on Parcel 1 for the purpose of maintaining Parcel2 as open area for agrtcgltarai.pur- i poses,:Grantor(s)' Yrant(s), to County an Open Area Easement with Grantor(s) and their successorssight to construct aad maintain any residential uses :..: on. .'the property described in Exhibit "A" as Parcel2 subject to the following, covenants.iona'ldi .1. Grartor(s')..reserves the right to. construct or maintain any agri- cultural buildings or to use Parcel 2 for any agricultural uses otherwise permitted by ordinances 'daly adopted by County, or :ordinances: hereinafter adopted by County to.regulate the use of the -property described as Parcel 2, except.any rights to .construct or maintain any accessory buildings. subject to any regulations or limitations set forth in any such ordinances. 2. Nothing in this instrument shall be construed to affect the right to Graator(s) to lay. operate, maintain. repair. or remove wrter and sewer pipe lines. conduits. or drains below the surface of the area described in Exhibit "A" as Parcel 2 insofar as such activities are not incidental to establishing my residential use of said area. and are not in conflict with ...... ...... Al. 85-21923 the provisions of this Grant.'' 3. This easement and irant of development rights shall not be construed .to permit the public to enter upon the properties described in Exhibit "A" for any purpose whatsoever. Sec. 24-S4. Segregation of homesites in agricultural zones. (a) In the "k -S". "A-101" "A=20".. "A-40", and "A-160" -agricultural zones, the subdivision of property in order to legally. segrejate one (1) homesite from remaining.farkland may be allowed with the approval of a use permit by the Planning Commission. The 'application for the use permit shall include a proposed plan of development and use for the entire area of exist - in& -parcels, under.the same.or-'related 'ownership, containing the site of. -ine (1) or more existing-orproposed dwellings. The Planniu'..Commis:s1aft''' Moir grant such use permit' only -after -finding. in addition to the findisigs; required -by section -47. that:' (1) The existing parcels shown on the development plan together meet the lotarearequirements;. of the zone.' (2) T-he.proposed segregation and development will notreduce.the capabilities fair -agricultural use of the fronhomesite par 'cel.(s)- . . . . . . . . . . and s=rounding'properties'. (3) The proposed segregation and development is justified or made. necessary by the occupancy of homesites. owTiership'of property, organizational structure of the.farm business. financing require ments, retirement pl.anning,or similar circumstances.. (4) The proposed parcels meet the requirements of the County health department for sewage disposal and water supply. (S) The proposed segregation and development is consistent with the policies of the Butte County General Plan. (6) The homesite parcel is not less than one (1) acre: and not more than two (2) acres or the minimum lot' area allowed by the County "7. i��•iie,i.f. - -- �•-�:,ui�;"'�' r:uia2+,�-.:�•r`,:�rJ�'.l i�;;j.:i:e:2.`4.;`.�.. •;S,�: y�N'��.>•�; �'Y'`. 9Z3- No" 23 y - neaitn aepartment, whichever is greater.. (b) Prior to the division being effective. the owner or owners of the property included in the approved development plan shall execute and cause to be recorded in the office of the recorder of Butte County a restriction binding upon.the original owners and their heirs, successors and assigns, which disallows. additional dwellings from being located on the property until either of the following conditions occur: a. The property is rezoned to any other zone; or. b. At least ten (10). years has elapsed from date of recordation. and the Commission finds circumstances regarding said.property.and other properties in the.area have changed sufficientlyto reconsider the restriction.: 4.. Grantor(s) agree that this document may be recorded -in the Butte. ' County Recorder's Office. IR W-ITImss M, I*MOF, The Grantor(s) has (have) caused these presentsLo be executed as of the day and year first above written.:. STAIE Of CA(Xq)a,, A _. . 1 J CDL*M BQt% a .«d and Joh Raaael �ne.w to w .o be dv Maws_ .Iem w.wri._- . .ab.aib.d b M,. .;p,;., wsh,rw,NM .wd ftA1.469.d .. they .a.vo d M u". O WITNESS -w w.d «d .A.rd w.l. E R - _ JMIEAN DEE TOAD bsl�— woT,ur rwix 0 /0 ..86-13017 Cre(,T ►cftlr warr�aat��ceeot . � TECOI;RCCILQ AT Tilt i*SOL'CS r Cr ROAD MAINTENANCE AGRE&?M;T � Whereas, Qcb isrd L. RamseyA 21 M 86"23017 aaEAMOR K SEDa have undertaken and constructed, at their cost and expenseR 20 -foot wide gravel road together with appropriate drainage facili- ties on easements described in Exhibit 'A' attached hereto and T incorporated herein; said works completed in accordance with speci- L fications approved by the County of Butte on Jak /L./9� L , and p Whereas, each of the Parties hereto owns laa&d that will be benefitted by said works Now therefore, it is mutually agreed by the Parties hereto as follows: l For so long as the above mentioned works shall exist in private ownership, the Parties hereto, their successors and assigns, shall bear the expenses of maintaining them in good repair. It is agreed that the cost of maintaining said works shall be paid by the Parties hereto, their successors and assigns, in proportion to the number of land parcels owned by each, owner and/or their successors and assigns, and each owner will, upon written demand, contribute and pay his proportionate share of any monies paid out by any of the several owners or of any obligation incurred for the reasonable maintenance or repair of said works. 2. 'Reasonable maintenance or repair' shall not include the enlargement or improvement of said works and this agreement shall not be construed to require•any owner to contribute to the cost of Any enlargement or improvement of said works. 3. This agreement shall not relieve any owner or person from liability for substantial damage to said works when such damage is caused by their fault or neglect. Any owner may bring an action in any court of competent jurisdiction in the County of Butte on behalf of all owners to collect the cost of repairing any such damage. • 86-13017 - 4. Any owner nay bring en=tl^^s in any court of competent Jurisdiction -in the County of Matte to enforce collection of any monies due fr0"'any owner as their Proportionate share of the Dost of the reasonable maintenance, as repair of said works. and in any such.actlon.or actions the premmi ing parties shall be entitled to recover a reasonable attorney^s fee to be fixed by the court in such actions. 5. P+or the purposes of " is agreement, the decision of the Owners of a majority of the PH==lz to the effect that - specified repair or maintenance work is mecessary shall be conclusive on the remaining owners and the decks; of said majority as to the reason- ableness of the cost of'any amz" repair or maintenance work shall be conclusive on the remaininT Viers provided that said cost dops. not exceed the average of three nsdependent cost estimates secured'' not more than 60 days prior ten ®smoencement of the "Cut. G. The owners of a ma jo= tty of the- parcels may authorise the creation of s maintenance and mrgair account in a savings and loan association or bank. Monies daMosited therein shall be expended only for maintenance and repattr Cf the above referenced works and the ncuber of signatures regnsaed to withdraw monies shall be specified at the time said aa===t is authorised. 7. Receipts for all moaiies aeceived and of all expenditures made shall be preserved and m available for inspection and copying by any owner, =' perso= mar by agent, for a period of-C�Il yOar- 8. The work 'owner'. as.umeym herein, &ball mean one person In whom sole"title is vested- Mt shall also mean two or more persons who hold a unity of est as joint tenants, as tenants In common, as partners, or as Viand and wife with title vested 'as their community property'- ror the pal pose of. determining if the owners of a majority of the gsnrcels are in favor of a proposal, the affirmative vote of any spou me, joint tenant, or tenant in cO®on shall Constitute appxovmA fy that pawl, do �...:.n.='.� _ _ �i➢W:::.'��N.:�i�l2i:a.t[16;�Lw:Ybl:.t�`�•�+.�R•:.V.�n..i �:..la': n.i.r.. �-,L...`i:_.: ._.._. f�': .....�r.-.._ ..._ -- 86-23014' s 9. This agreement may be terminated at any time by the vote of the owners of two thirds of the parcels. Upon termination of this agreement, any monies remaining unexpended shall be distributed to the then owners of all parcels in the same proportions as received. 10. This agreement is to be construed as a covenant running with the land, and it is further understood and agreed that this agreement shall inure to and bind the successors in interest of the parcels owned by all the parties hereto, whethez by way of sale, assignment, inheritance or otherwise, and it shall be applicable to such smaller parcels as may created by subsequent divisions of said parcels. 11. This agreemeat•is executed in counterparts, the aignatnre pages of which shall be attached hereto and made. a part hereof prior to recording. i G 1 1 1 1 —3— rr - p - . 86-23011 EXMMXT "As An easement 60 feet in width, as -shown on that certain pal !Sap recorded in Book /03 -Of !Saps at page S for J&aqpo .8�y in the Office of the Recorder. of Butte County and more particularly described as foll,owsg _ An easement 50 feet in width lying within -Parcel 2 as shown on tbat-certain Parcel !Sap recorded in Book 68 of Parcel !Saps at page 48 is the Office of the Recorder of the County of Butte -and more particularly described f as follows: 11 Beginning at the most Easterly corner of said Parcel 2. said corner bring 1 narked by a 3/4 inch iron pipe tagged RCE 23017; thence. South 34.18923" West. 363.83 feet. to a point; thence, South 28.53814" {lest. 75.00 feet to a point; thence. along a 50 foot radius curve. concave to the right through a central eagle of 253.23154" an arc distance of 221.13 feet to a point, said carve is subtended by a chord which bears North 24.24.48" West 80.18 feet; thence along a 20 foot radius carve.coocsve to the left, through a central angle of 73.23154" an arc distance of 25.62 feet to a point, aid curve is subtended by a chord which bears north 65035' 11" East; thence North 23.53.14" East 10.28 feet to a point; thence north 34018123"•East 382.25 to a point on the Southwesterly right-of-4wty line Of Nord Avenue;. thence South 37.53.28" East along said right-of-way line 52.52 feet to the pint of beginning. 50111 •. • s; t 1 86-13011 F In witness whereof we have executed this agreement this 10th day of-' April 19 85 _-_ Dated April 10, 1995 STATE OF CALIFORNIA ) Richard L. nary as coulm OF BUTTE ) . On April 10. 1985 before me, the undersigned, a Notary Public in and for said 'T State, personally appeared Rid�sid L. Rarq known to me to be the person(s) ' whose name(s)' is subscribed to the within instrument and acknowledged that be -executed the same. WITNESS myhand and official seal E!:mj _(SEAL) AVCN i ` 4 i 1� 1 50111 •. • s; . •" 86-13017 An easement 50 feet In width lying within Parcel 2 as shown on that certain Parcel Map recorded is Book 68 of Parcel !tape at page 48 in the Office of the Recorder of the County of Butte and more particularly described as follows: Beginning at the coat Easterly corner of said Parcel 2. said corner being marked by a 3/4 inch iron pipe tagged RCE 23017; thence. South 34.18'23" Vest. 363.83 feet, to a point; thence. South 28'53'14" Yest..75.00 feet to a point; thence. along a 50 foot radius curve. concave to the right. through a central angle of 253'23'54" an arc distance of 221.13 feet to a point. said curve is subtended by a chord which bears North 24.24'48" West 80.18 feet; thence along a 20 foot radius curve. concave to the left. through a central angle of 73'23'54" an arc distance of 25.62 feat. to a point, said csr^e is subtended by a chord wbicb beats North -65'35' 11" East; thence Worth 28053114" East 10.28 feet to a point; theace.North 34.18123" East 382.25 to a point on the Southwesterly right�of-way line of Nord Avenue; themce South 37.53'28" East along said rigbt�f-sway lime 52.52 feet to the podst of beginning. t f �4 PRCORDINa "CouasTRD aT A" ""W woosel D as" N era. Neil H. McCabe s,,,.. Attorney At Lav A4a0 500 Main Street to°a�@a L11.0. Box 3155 86-23018 IICORDEDIN OffitlAL eQCORD$ Of BUT TE cOL'fil T.Clt if ormi MID VALLEY TME CO. IZ .All 21 M SO ELEAN03 IA. tIECUR CLERK -RECORDER FEED srACR ABOVE TNN UNC IOR RtCoftDO a uat�� SNORT FORM ow Of TRUST AND ASSIGNMENT OF ROM TICHARD L Dead f R nistY am& 23rd day of Deces+ber. 198S iaNesaa . beefs did flaeX. wbom addnais e950 Cobasset Road, Chico, CA 95926 (nombw asd ONO) lcky) (amt (Mrd MW VaGer Trtk WA Escrow Company. t aotporatioa. btsis Dahl t.wes>R, gad CHICO UNIFIED SCHOOL DISTRICT . bnia did eciarK nT. Witnesseth: Tbt Trustor asroCtsla conn` TSANUMU AM Mans, to IMmu a to w. wfr* rowsa or gats. tbt property is ' City of Chico, Butte Coney. Ce iferok. Amergied ss: SEE ZZRIBIT 'tIa ?rovided the Trustor is not in default with respect to payment doe to the beneficiary. the beneficiary hereby agrees to partially recoavey any residential dwelling unit or parcel prior to the sale thereof or issuance of a Certificate of Occupancy pertaining thereto upon payment of.a fee of $325,'$625, or $825 per residential 'dwelling unit or parcel to be partially reconveyed. as specified in that certain School Impact Mitigation Agreement executed by Trustor on October 11. 198. Said partial reconveyance shall be issued provided there are no violations of the County subdivision ordinances and regulations or requirements of the , California Department of Real Estate. . Trustor shall pay all escrow and reconveyance fees and costs in eoonect4m with such recoaveyances. NGEMER wtTFI ds @err., lawn err prsdw !�. SOa1ECT HOwEVE L w for rIOU pea nerd wlreltT gear w mi Mirw1 nM b tarnQsai l 101 aI ebe peaeirsr iftsAwrd L" by Cie oft to alba sad M/tr mei eat% i — W /d@► For the Purpose of Securing: L r.Meenew of Tnw« iroeMel by edasee er wmird bra L hp mem a( u►e�=O0 nod brand derast, Is ie I Is esaestd s@ef bwee. fessf w• ardor. 1 braes of sad (adv germ, r ds tbaa nand )'. ��+ e.ideanel b srnM n@u Ir reel sad eg It Is to sass& To Protect The Security of This Deed of Trust, Tsus•.or Agrees: by tae eseeuum ane denmy of two Dns of Test OW the NOW wcutad bt"bT. that prwldeae (1) to (14). tadudre of the tltittlous Deed of =!rt eaaads I Ociab11W 2L "M In Dona 1143. at page 1. Ofnchd Record, of Barre County, Than be and thq an beldn bbewpoeatsd,bands W mda an Integral part betel fa all 1 1 91 1 as tboWh net faeth berein at 1en[tb. The underdtned Truster requests that A Copy of gas No/tee of Ddaalt and of any 1otke of ask beraansa be mapw be him at hw addrm besdnbdon ant loath CAIl/GalftA. COON OF. ODt1ffTY SL ti 11.ra•.nhe.r 94� 1 ORS►eMa as ds "WIN.RICHARD L. RAMSE WPd. o N"n leUk ie tad fw said Camtr d tier@. pall/' M�.. R CHARD L. RAMSEY erose m am ar pewee b rs m sr bars of arMromw oddmea r M (ia ram— to ds aloin It ,@@cyw by a CwV«miea saw Crrremf@a 1wm y inrermem sad sdnsals4ae4 el..e rte --gad ds s@ma d;aaraelfaw mar be nrd. V TINES$ mf band and s&W a L (fall �f Ns&@ 1T174 or PtioudI 0 86-1301.8 KII that real property situate in the State of California, County of Butte and described -as follows: Parcel 2, as shown on that certain Parcel Map entitled, 8A11 of Parcel 2 of P.M. filed in Bk. 68 at Pg. 48, being a portion of Lots 54 G 55 as shown on the map of the third subd. of the. Bidwell Rancho, Butte: County, California's said Parcel Map was filed in the Office of the Recorder of the County of Butte, State of California, on JIUL2119B6 19 in Book /03 of Parcel Maps, at Page 5- ce 6- 7� ....._:--_�.r...•_�.•.3��.��,.X6.vii�dt�i4b .:.. - :: S.i;StiJskdAiir't'Ce..�i.:.S--...:.�i� •'•)�� .a•: e T -1 ] Q S REfflIAL RECOROSUBt�YT� Order No. Escrow No. Q4607BG MIO VALLEY TITLE CO. Loan No. 'Al JM 15 PM 1b 34 WHEN RECORDED MAIL TO: CAJKDACE J. GRU�BS�j� ate' rLr�.rG Ramsey Construction, Inc. 4950 Cohasset Stage Chico, CA 95926 d7-21705 SPACE AaOVE TNIC LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: 104.50 DOCUMFMARY a Sue as Above x.... Computed on the a et or we1w o/ or"O v eo,weyad; OR —_ ComputW or eww Was Hent or e,lwmt"anow ,emelM M sM�tw�i o« Aa.nMnlnE w – Name MID VALL Y TLE AND ESCROW API 042-05-0-067-0 GRANT DEED 1Ak `� RD FOR A VALUABLE CONSIDERATION, receipt of which k hereby acknowledged. 0 I Q i M RICHARD L. RAMSEY hereby GRANTO to RAMSEY CONSTRUCTION, INC., IS California corporation an real property in the 92%xa z unincorporated County of Butte , Stan of California, described a PARCEL It Parcel 2, as shown on that certain'Parcel Map entitled, "BEING A PORTION OF LOTS 54 AND 55, AS SHOWN ON THE MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO", said Parcel Map was filed in the Office of the Recorder of the County of Butte, State of California, on July 21, 1986, in Book 103 of Maps, at Pages 56 and 57. PARCEL IIt A 50 foot non-exclusive easement for ingress and egress and public utilities over Parcel It as shown on that certain Parcel Map entitled, "BEING A PORTION OF LOTS 54 AND 55, AS SHOWN ON THE MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO", said Map was filed in the Office of the Recorder of the County of Butte, State of California, July 21, 1986, in Book 103.of Maps, at Pages 56 and 57. PARCEL IIIc The right to use and maintain the agriculture well, as shown on Parcel 1 of that certain Parcel Map entitled, "BEING A PORTION OF LOTS 54 AND 55, AS SHOWN ON THE MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO", said Parcel Map was filed in the Office.of the Recorder or the County of Butte, State of California, on July 21, 1986, in Book 103 of Napa, at Pages 56 .and 57. Dated_ Jtme 10. 1987 J STATE Of CNFOR JNu1 Na OOUNiY OF H N• fn I o" .hme 10- 1987 Wore me. the ImdwaWwa a Notary ►Left 1n and for aN 91614 p@r' wnellt a_ i'pae,ed Rjehard I__ RpAma perapwfr Mnwn to me lo, V - b aw an the twHe of eatielettary ewde,Ltel to be the pwwxel v *ee ramwal ware eutwer wd to Ow wfhln bwlr~ and ac AMIedped 10 me "md he/ehe/MwT executed the rma ' CHARD L. RAMSEY OFFICIAL SEAL FgJANEAN C=E TODD WjI^af ►.auc d— W OR, -i1 Ca E.I.O. Ie. 1989 1 f• -' - '- s.."�. yin •'s 's _ _ - _ _ 'Rf CORD'HO RCOU[{T[90-21241O OY ( i A Robert Brower, Attorney AND WM/N RCCO41DEO "Art TO r tws Robert Brewer 5925 Almond Street w a Laradise, CA 95969 90-021247 Rec Fee 7.00 : Check 7.00 Recorded Official Records County of Butte Candace J. Grubbs Recorder J 8:02ao 24 -May -90 : GF 2 SPACE ABOVE THIS UNC POR RECORDER'S USE SHORT FORM DEED Of TRUST AND ASSIGNMENT OF RENTS This Deed of Trust, snade this 21St day of August, 1986 , between LWHARD J. MARTIN 6 FRITH A. MARTIN herein called TRusTOR, whose address is 500 Ootlas,et Read 416, Chico, CA 95926 'number and street) (city) (ssse) taut) Mid Valley Title and Escrow Company, a corporation, hero called 1musrEjEv and The � Leonard J. Martin M.D. Inc. Defined Benefit Pension Plan . min called ormEncuRY. Witnesseth: That Trustor IRREVOCABLY CRAATS, TRANsrERs Aso A-S)C.s to TRt-sTEE'L,4 TRUST, wmn POKER of "LES that properly in Butte County. California, described as: PARCEL It Parcel 1, as shown on that certain Parcel Nap entitled, 'Being a portion of Lots St and SS as shown on the Hap of the Third Subdivision of the John Bidwell Rancho', said Parcel Map was filed in the Office of the Recorder Of the County of Butte. State of California, July 21, 1986, in Book 103 Of Parcel Maple at Pages 56 and S7. PARCEL IIP A SO foot tion-e:cinsive easesent for ingress and egress and public utilitlon over Parcel 2e as shown on that certain Parcel Map entitled, 'Being a portion of Lots S4 and SS as shoat on the Map of the Third Sub- division of the John Bidwell Rancho', said Parcel Map was filed in the Office of the Recorder of the County of Butte. State of California, July 21, 1986, In Book 103 of Parcel Maps, at Pages S6 and $7. TOGETHER WITH the rents. Trues and profits thereof. SUBJECT HOWEVER. N the right power and authority given to And vafcnvd apno Beaeieiary by paragraph t!0) of the provisiew iaewporued herein by 1-1 vote to collect sad apply such rears. issues and profits, For the Purpose of Securing: L Peeforrtunce of each agreement of Trwstor incorporated by reference or Contained herein. L Pq- meet of the indebtedness evidenced by ox pr*miswY nae of even due herewith. and any extension at renewal thereof, is the priacipal sant oft 40.000 «ecuted by Trustor is favor of Beneficiary owner of said property hereafter may borrow from Bene6ci a ceder. 3. Psymef of such ranker sow o the the. record 1 ary, wheA evidenced b)' arwtlxr tae for notes) retilieg len so GeewaL To Protect The Security of This Deed of Trust. Trustor Agrees: By the execution and delivery of this Deed of Trust and the Note secured hereby. that provisions ifI to (14), inclusive of the ficutious Deed of Trust recorded October 23. 1161. In Book 110. at page 1. Official Records of Butte County, shall be and they are hereby Incorporated herein and made an Integral part hereof for all purposes as though set forth herein at length. The andmigned Trustor requests that a copy of any Nottte of Default sad of any Notice of Bak hereunder be malled to Mm at his address hereinbefore act forth. STATE OF CAUFORNIA. COUNTY OT_.. } SS. rt' amore roe, the under. «fined, a Notary Public in and for said County and State. perwoally ./Mond figaat.rl G/ T/aMM c�k�' 2i i7•C< &remi . known dr nr It Ievved In nw eat the tuns tit sauslarory evidence ts be the I" A-- whose a... -ub mbed to the witkl, if rrres'ra by • C.eporwi.a de rerpwar(.s Porus .1 imtrsmeat Gad schm.ledsed that aerated the same. � 4c4 —%4dawru MGM be nsrd. WITNESS Per hand sad eS,;.1 -.1. e4stt /It 1 o!Ilo put Duty Aur �I SS3NM '1! palnoaYa 1t41 1 •ouyot pus'luawnilsu! u!41!M a41 a pogliosgns Islawtu aso4M IsProsjad 041 aq of touap!•a A►olotls!tts ►o s!stq o41 uo ow of poAord f3 ow of uawuil Alltuosaad--/, paitaddoAgmtx "'oHgnd A+11 pou!)Itrapun WI ow aaolaqQFt Md to Asp 041 21141 u0 t•�+++...a. . f! cyst 'a rsr uqu„ vrawo tl7 Aik= lUrQ vW.3l::v7 • orlon AytllOr) c 113)IUHd d Aavw Iv3s "lvl:)l33o OWK ►o Alunoo 11 dA rTvT ►O a111S w+nm-rP��+l�+at► wzr rynzc.wi t I66ai. •. .= a-:i�a aza 41 L,, I-jP P- POW4 Ad S%3.NLLlIL MW A lkdvdl Alm 3$ 'l V l'Jl r'? W4�++�9°� wRliv P!� Imp P� aoa. ayr p�nsau Itgl Ia�Jlt pv w psspalroa�ps �pas'amw arp a".!'pPo.x*n°s^°H+"P ►ted veltaar *n PtP--v- &PCs P 9m ava,o a,ogr parr a pmem,ap—oouad aures aqa agsz ares pts up" Pat • oI aappaa ) tty, :sAw Pat --daP'nrow Pam A9 Ma" °4"'aaaamp waa+!I! • we `laxt 1 --R arq— aW a W4'ra'9ti "� tt arose awq.. aeaad aqa aq q Iaoaap,s Aat�atpgw p w,sq arp w am w pa,oad al ►aa a °r°ail +od ptamddt LIIwa0'v+tK P!w a (Pas a! a!Igtd Aat M t aaopy • (jr� a0 �J•J 3 A.1.Ai(l0U SS vj mvw lv3 30 31v1S IM".l1 I t z I z - 0 6 , Cl • ad-T.0�66 /ICCUII U..I C. 111.1,UI Sr1 r. of ISUI'l l.. U C ll' l l l t i / U'A1-N i Omer Nu. 494?f./CIS415 94-0201661 1 Rsrc File 12.00 1 Check 12,00 AND wows aacueocu 0644. ro Recorded 1 (— —� Official Records 1 I.eomrd J. Mactlnr M.D.. Inc. County of I •»�•• 3377 Nord Avenue Butte 1 c... • Chico, to 95926 Candace J. Grubbs I ar..a L. J Recorder 1 6tOOss 10 -May -94 1 BCTC /M 3' arACC AOOVC THIS LILAC /OR RCCORDCR-a USC SUINJI(DINATUIN ACItVKAII:NT NOTICE: THIS SUBORDINATION ACItVXAII:NT RISULTS IN YOUR SFCI1RITY INTI:IIPST IN 711E 1'ROI'I:RTY BECOMINC SIIUJECT•TO AND OF LOWER PItIORfTY THAN 711P. LIEN UP SOAlI:O7'HER Olt I-ATI:R SI:(ll1ItIT1' INSTRUMENT. THIS ACREEMENT. wade this._ _Stift...__ daT d._...._.... ._ __ _ Tidy_ ..... __............ _.__.. 19941._.. br_..I.EL�cVARD :L..TiARTITI. end.ID1IH..A,....IfARILN...6usT�aad_elld..Yife._as..lo3nt.Teoents._...._._.._._..... owner of she land hereinafter de.rril.ed and hereinafter selerre-1 to u "Owner". and._IUE.LJM ARD..1._MABTTH,..H.D. r INC.iI.-D FINED.USEEIT PiNSICV PJ AN. _._�_ . ,. 1wr:.e d owner and holder of the deed of trust and vote first 6ereina(kr dooribed and hereinafter. referred to u "1'fenefrr9ary"; WITNISSEI111 THAT �►uERIAs.�LF!ARA .J.._tk1RTIN..a>'d..TiLH_Aa T1P�Tla..husblt►x�..a�ld .xi�e _ _ �__ did eaeefrle a deed, of trust. dated_ tdSl_ 2I a .19@b_ _._ _.� tet T1IQ. YAI.I.1Y_TITI�AND F. ._ . �k12ANaL _aisQClasZKrllt;lfi�cl____ _._•-- d WOW. corering: IEfd[. DESCRIPTION ATT'l00) HERLIO AND MADE A PART HMEOF AS EXHIBIT "A" to secure a note In the sum of 4QaQOQ.QR_ _ dated...... AulzusL.21....198A..... _. . iw favor of � ,1,1X%i11RQ .I._2lr1RTIl�1, �.!? �a..JliC. a_OEFJ�lIED_bENEEIT. 'aS.IOQI.RLA1i which deed of trust was in book._. __,.,.„ lage__._"�_ Octal Itcoords of said countyF4 , under Recorder's Serial No. 90-21247; WHEREAS. Owner hall executed, or is al -out to execute. a deed of trust arld nwe*in tile sum .18 M. AQ.... ....._.._...._...._ .........................._..., dated ............. _ May._5.r_.199.4..... ..._._...-^^.._.... ........ ............... ........... in favor of litIff..F.KVEY..ME..('/1I-lF(*K..A,...INC........ ....................... _...._........_................._..................................... _ Ifrrrinafler referree) to as "Lrmlrr". I.ayalde e-itlt infer" and ul-on tl-e term• arul conditions rleaerilfcrl therrin, uhirh elml of snr.t is to he recordnl concuremIly Iwrewidf; and WIII:IWAS. it is a rr-.«lila«- prefr.lrel In ol-,ainia,», -ai.l Wan 11ra1 said .kr.l of Irt" lad al.mr nrtdi.««rl .lull uncondiliannllf he and rrwain a, all tittles a lien or elufgr up«f lite laud Iworitil.efere de-rtilnrl, Inion still -ol.rrior to file. Gln of rharre of the 11er-1 4-1 Iru-f 61-4 al..-ve orntaN-r.l: sand IV1II:CI:AS, Tonder is W.lhng to make said 60111-141-1141 lite deed ..f tftf-t rr4onttg lire pate i• .t lien of tlrsrge ulwn lire ahnvr 11"frilr.1 In -1 -rely prior sod •nlrri.-r I" Il.r hrn at tlrarr;r of the drrd III hull frr•1 A. -re mrf.limted and provided II -at Itene6.iary Will ollrifically �n.l uncon.Ittioo.11r ►rdN-rdionle the lint ..r flrafrr u( 1t«. deed of IruM ffnt alfove rneulionrd to life lire or rlrar fe of life eked of trtt.l in favor of Lender; and '6-10166 \I III.IJ AS. 11 .. 1.. it 10.001..1 14Y.. Lt ..1 IIN p.uli.. Iwv rl.. 11.41 li u.lrf u...lr .101 Iwo 1« 11.1.•4; m.1 1+.w•• 11-1 11.r .I...1 ..I 1... 1 •..... 11 ...uN .1...11..1... Ir..•nl.'d, 1uu•I.lufr a Liu til .hm;c til .0 •J..1 IJu.I .1..1 .............11........ I...... ..8,.l ........I I . 11.. 1......1 .1.u..• ..1 11r .L..I ..1 18,. 1 1.1 .1 JI.....• uw w-l..A. 1 N(11V.*rII1-.111.1'llla:.... ...... .drrq.wl u1 11.e uultuJl 14'IN'Id. 0.1.000lu 1he p./llir. hreeju JIM ulllel IJIu llllc 1 W.... i.'1 411011. Illi' 11.1'11.1 JI..I •.111.. II IIT ..1 Mt.1. 11 11.1.•1.11'1 •.I ..NI 1• tN'1.'1•l' Jl lllrw h'.1�1'.1. JIIII 1111.1111•( 111 Illlllllr 10.'14(.'( t.. nIJIC IIK' 1V411 41...1.' 111. 11. •I 11., 11 1. 11'1.1. .1'. IJI..I. 1411.1. I.I.N/.1 J...I JrIIYYI J• f.111Y14 •: (Il •11.41 ►J.d .I ... I ..1 18,1.1 .4YuuY;; .Jul m4v all L.uu 0.( 1.•0.4.1. 44.1 Jul Ir/..•«41. «I r�lrw•i•4.. Ilulr. «I, .1.411 Ill ..... 1.lu...•.Ilr 1.• ....l nYu.uu 41 all I.I.W. J Iw•u u1 .14ap.• .m Ilw: plulr•Ily Ilu•Iriu .1.:.8,14•.1. lui.q 0.1.1 Stip ell«I lu Ilw+ Liu «I .1.41p; «( II.0 .k.,;4 Y( 1114.1 IIIM al.....: Yr•Llllaq'J• (2) 11w1 lcawkr woolaW out uwle its loll al.uve /k.1•14l.c.1 willaoul Illi. wdNll.linAliwl aalrcuecnl. 1•t) 1114 /I/6 arlmela'/11 .1.411 I.c the %IY.Ir a1w1 40.1r &;:IK1414•..l "ilia 11'I:ald 1.. IIw' .uIw1.11IIa11w1 01 IIK• local Or 1'16a1;c til It". Ik.•d «I I/0..1 111.1 a1.0vc gKIg1YgC.l 4. IIK lK'./ 01 Il.alsw til fl...ItYYI til 410.4 114 favor 0.'1l Icl14kr fil.ove IcIr11rJ Iti IIHI .Iwll Wl.cractk aw/l Ial«a•L laws only IIIM.fJ/ J. I.uulll afit,, be I/ta011ly K1Meea dw dreJ. 141 11011 lorfc1111Kh.1e al.a 1(/1'ally Jr.r/door 1. ala' peau. aI;IKgr:111. 0.. Iu ,w'h .ulaofdnw• I;"" i4lr11u1111I.•. but IRA li114/1rd lu. lislo c prYv6iu4u4 it any. I..Iltai.lo:4 iu Ilse Ureal til Ilo.l 61..4 IJWve UKU. I"oorsi. whirl, pravi/k for the wllurdigaUow of Ilse sial Yr rharse thereof III a1.w1wr 4"1 or Jccdo of IrtW ur to a/llalllcr mortgage ur nwltaaar.. I)aleraiary daulra. aarcer 81141 ad"awlcdaa that (a) Ile eotmalts to anal miltruw (i) an laroviu;uas of the m4c alul deeJ of truat in favor of LvaJer,, al14.ve referral to. alul (ii) all asrecnlnits. ilu:lwliva but a1•t Iiulilcd to aalr loan or cbcruw mi; - halt*. I.n..eea Owascr and lcawkr fur IIIc Jisl.uracalent u! IIIc lNorecJ. of Lcglkr i ban; (h) La14lcr ill nlakin;. thA-ursensmis pun -mat to any "" a;#ceulrut i, I "Ict nn ol.liplioa or duly to. nor has Lender scpmornlel slut it will.' ace to the apydiraliwl of s/lch llaleml, l.y Ilse pletswl or laerms" to wharom Icntkr dildaur.0 .41:11 prucrnlr alaJ any alydiralian or 0..e off wr11 prurec 1, for purl.osea eller tlwa Ugne ewuvidal fur in t.w-11 aarccrllall or aarrcumd. shall 'MA defat IIIc "m#41ivaliva llcrda No& to whisk of in hart; (c) Ile iaten""lly 0.1141 ancwldiilwulllr waive reliaqui.he. and I.Idwrdinale the lien or Blare of oho .ked of trust Arm allow alentioncrl in favor of the lien or charge upon said land of the Ileal of trust is favor of Laine. illative «(trial to and unJcntin.l. that in rdianre upon. and iu ConAderatioa of. this waiver. rdinlplishtacnl anti sulardinatian rlecriGe Iwo. a/,1 advancer arc beia;: and will be made and, as Bart and Pared thereof, specific monetary and other 4,14iptiwlv, are lacing and will lee entered into which wou1J WA be wade or cut/:1ad iuto but fur &aid Ichanale upwl this waiver. rdirtquiAllawnt and wl.ordin. atioa; Sad (d) An erulorrm=4 has Beal placed upon the mote oceured by the deed of trust first ablWe laciltioned that said deed of trust has by this ilWrumalt been sul.ardinated to Ilse liar or charge of Ilse deed of Inept in fairer of Icrukr allure rclerrcJ to. XCTICF.: 11115 SU1101:U1NATION ACIIEEAIE:NT CONTAINS A PROVISION Will II AId 01VS TI 1E PEI WN OIs• 11CAT01 ON YOGI: I%FAI. I'1:(11'F:Irfl' SIT111:111 To OI:17AIN A LOAN A 11OI:TION OF WHICH AIRY HE. EX- rENIUEI) Fru: (ITIIEIt I1111:PI1s1'.1 'rilAN I\IP1:MEWAT OF T11t. ANI). Tlfi LEONARD J. MARTIN, M.D., INC., OEFINE� P fFIT PENSION P[/1N f: el f.4 r'I..._..U J. MARTIV-7�� ......._............ 111_1_. LHfi'Y� U. -mm .. 'f f.� .. .......�,....:.............. _.................... _..... acoria �t Ir I/rr PTY: . li. . r l( -Ali N„11.1111rP. I0..1 a Ir a.tosa l laYl!TI I Fa I I- I ...... 1 ... ... .I -I It, I til. 6:v N4t...... I 1111\ Inwriewc Cml.n4ur 11' 1.11 111!.11\I\II'\111 II 'I'IIA.I•. I'1:1.W I(1 '1111' I \111.1111\ 111' '1'lll� \1:1:111:111•\A'l [(I.\A1.1(I.I Nil \ 1• I'III VAG 111 '. 1 11\�I I.I \1'1111 '1111 I1: .,11.11:\1)1,\\1111 r1N1.11'.I iI:11:I14l • EX1111+I1 "A" DESCIt 1 PT ION • ?b-10166 All that certain real property situate in the County of Butte, State of California, described as follows: PAIICP.L A: Parcel 1, as shown on that certain Parcel Map entitled, •Doing a portion of Lots 54 and 55, as shown on the Map of the Third Sub- division of the John Bidwell Rancho said Parcel Map was filed in the office of the Recorder, of the County of Butte, State of Cali- fornia, July 21, 1986, in Book 103 of Parcel Maps, at pages 56 and 57. PARCEL B: A 50 foot non-exclusive casement for ingress and egress and public utilities over Parcel 2, .as shown on that certain Parcel Map entitled, "Doing a portion of Lots 54 and 55, as shown on the Map of the Third Sub6ivision of. the John Bidwell Rancho-, said Parcel Map wt:; filed in the office of the Recorder, of the County of Butte, State of California, July 21, 1906, in Book 103 of Parcel Maps, at page: 56 and 57. State o! Ca l t fern t w CAPACITY CLANKO MY t310M[II County of Butte OviOrvlOUAI(S1 on 5-5-94 before me. Diana timmc CIZOAPORATE Presidpt:It OFFrA M re cy "it Notllar,uale(: CPA1i a1 Mug% penionally.appeared o Lionacd J. Martin, M D and fAit_h k Martin 0ATTOAKV4**ACT . rewe.KefeOr aKlteleT. O TIIUSTUM O personally known 10 me - OR - m proved to me on the basis of satisfactory evidence d�ATOR to be the persons) whose nam(s) Ware subscribed to the within instrument and o OTWA acknowledged to methat IUAX"a/they {-. DLANASIMONS executed the same in bhUtier/their authorized 9e6 !A s+1• 0 capacity(ies). and that by tltaillm/their SIONEItf A011t980frMIft signatures) on the instrument the person(s). e.iva o, ftaidpsmoa 'trrrTthesl Sum CoLvely • w Emou wwch s.1W + orlheentiquponbehalf ot.whictlthe person(s) acted. executed the instrument. - m Leonard J. Martin. Witness m%% hand and official M.D.. Inc.. Defined lVi'I ?ell Benefit Pension Plan 119mhME or 04TARV OF4!1770 State of Califprnia — CAPACITY CLAfYEO IT i1011fll County of _iklt" 01,40"NVeouAL(sl On -__5.-5-94. before me. ---Diana — - Simons... 1: COavOaATE orreCE14a1 Ow11 ' II : �A11TN(alal personally appeared ..-° Leon.•Trd J. Kirtin and Edith A. Martln.+* ' •ttoa•.r•a+.rAc* M.W .a.lr a. ,M w. a. !t 1lh/ttllltl O personally known to me - On - X proved to me on the bases of satisfactory evidence �' NltcaialMOt4U* as a (ke4wlCM5E 1tVAT011 to be the oerson(i) whose name(s) K/are _ 01 •44 a Subscribed to the within instrument and; - --- - DIANA RI acknowledged to me that ktraht/they; - - coum VU46114 executed the same in krefhac(Ihen lutho►IJM �:,. 'n r.` 4OfAPVPM KCALOOnMU p CapaCetyieest, and Ilial by kortVCRlhev IIIiK SIGNER avTTTr.tr:n sWnalUrelsl on the en%Irument the P►rtson(s). �.w..n.•..ti...w..,•....�a. -- 1 ^y OrCAW^Ev1w.f.,•Mr+ orlheenletyuf+onhehnllolwhechthe person(s) acted, executed the mslrumvnl Witness my hand and official seat 1 0 0 RECORDING REQUESTED BYt Virginia Ryan, Tax Collet:tor AND WHEN RECORDED HAIL. TOS Virginia Ryon, Tex Collector 600 Texas Street Fairfield, CA 94533-6385 91-43036 t- 1 91-043036 1 Total .00 1 Recorded 1 Official Records 1 County of 1 Butte 1 Candace J. Grubbs 1 Recorder 1 8s02a■ 10 -Oct -91 1 FN 1 SPACE AIiUVE THIS LINE FOR RECORDERS USE CERTIFICATE OF DEt IHMMICY OF PERSONM PROPERTY TAX (Filed Pursuant to Secs. 2191.3 L 2191.4,..Revenue 6 Taxation Code) I Virginia Ryan, Solano County Tex Collector, State of California, do hereby certify that .unsecured property taxes have been duly assessed, com- puted, and levied for tfie fiscal year 91-192, in compliance with the pro- visions of Division 1, Part 4, of the Revenue and Taxation Code, in the amounts stated herein, together with interest and penalty as provided by law, which are delinquent and unpaid, are against the person or persons named hereins NAME(S) AND LAST KNOWN AOORESSESt HARTIN LEONARD 3377 KORO AVE CHICO CA 95526 WHO ISTARE LIABLE TO SAID COUNTY FOR THE TOTAL UNPAID AMOUNTS SET FORTH BELOWs Account No. 60191-01 Tax Rat• Area 7017 Tax t • 26.41 Penalties 10 percent 1 • 2." .Additional 1 • Additional penalty of Recording Fee t • 18.00 1.5% per month, on tax TOTAL t t 47.05 only effective 11-01-91 From and after the time of filing this certificate, of lien for reourd, the total amount of unpaid tax and penoltiee required to be paid by the person or persons named constitutes a lien upon all personal and real Property now owned by said persons, or that may subsequently be acquired by them before the date on which this Ilan orplres. This lien has the force, effect, and priority of a judgment lien for ten years from the time of the recording of this instrument, unless sooner released or otherwise discharged. Dated this 03rd day of October, 1991 VIRGINIA RYAN. TAX Ct1LLE[Tno 0 i an i RECORDING REQUESTED BYt i• Virginia Ryan, Tex Collector 91-49706 �- AND WHEN RECORDED HAIL TO: 92-049706: Totai Virginia Ryan, .00 Tax Collector 1 600 Texas Street Recorded 1 Fairfield, CA 94533-6385 Official Records 1 County of 1 Butte 1 Candace J. Grubbs 1 Recorder 1 8t02a■ 29 -Oct -92 1 FRKS KP 1 CERTIFICATE OF DELINQUENCY OF PERSONAL PROPERTY TAX (Filed Pursuant to Secs. 2191.3 L 2191.4, Revenue L Taxation Code) I Virginia Ryan, Solana County Tax Collector, State of California, do hereby certify that unsecured property taxes have been duly assessed, com- puted, and levied for the fiscal year 92/93, in compliance with the pro- visions of Division 1, Part 4, of the Revenue and Taxation Code, in the amounts stated herein, together with interest and penalty as provided by law, which are delinquent and unpaid, are against the person or persons named herein: NAME(S) AND LAST KNOWN ADDRESSES: MARTIN LEONARD 3377 NORD AVE CHICO CA 95526 WHO IS/ARE LIABLE TO SAID COUNTY FOR THE TOTAL UNPAID AMOUNTS SET FORTH BELOW: Account No. 60181-01 Tax Rate Area 7017 Tax i 28.69 Penalties 10 percent t 2.86 Additional f Additional penalty of Recording Fee : $ 18.00 1.5% per month, on tax only effective I1-01-92 TOTAL ! 49.55 From and after the time of Filing this certificate of lien for record, the total amount of unpaid tax and penalties required to be paid by the person or persons named constitutes a lien upon all personal and reel property now owned by said persons, or that may subsequently be acquired by them before the date on which this lien expires. This lien hes the force. effect, and priority of a judgment lien for ten veers from the time of the recording of this instrument, unl*as sooner released or otherwise discharged. Dated this 13rd day of October, 1992 VIRGINIA RYAN. TAX COLLECTOR %i t (, \/? o - .% 9 :tc.a.Cdi,lti Htyuc:.cul ,iy: ..1 FIL a{Si)• 11 t(J. at`11"t'N11' ,.'ftlt.i N;. 4'9.Jj/Lij1.1y WHEN 11ECOISDE0 MAIL TO THE MONEY STORE CALIFORNIA 1 17530 VENTURA BLVD. 1101 ENCINO, CA. 91316 ` 4 -7n; 65 94-0200165:R., Fee 18.00 1 Check 18.00 Recorded 1 Official Records I County of 1 Butte I Candace J. Orubbe 1 Recorder 1 810046 10 -May -94 I BCTC �M S IIMw aa..a M Laos rr as "osti Owl Loan 1 021-009-o0036600-8 DEED OF TRUST �..r THIS IWFD(* TRUST (Securitylentrumrttyismade on may S .1• TENANTS. 9�• �� The k LEONARD J. MARTIN. and EDITH A. MARTIN eNUSBAND AND WIFE, AS JOINT TENANTS. The trtruee k rearrowae)' PRINCETON ESCROW CO. PTruaes-) The-berrcfrctary a 211E W.'EY STORE CALIFORNIA INC Under the laws of CALIFORNIA . and whose addreu is • which b oraanued and cdailug r 17530 VENTM BLVD.. 1101 rBNCINOr CA. 91316 (-Lewder'►. 1 Borrower owes Leads the principal ~""*( one hundred seventy-nine thousand and NO/100. Dollar (U.S. t 179,000.00:- 1 This debt is evidenced by Borrowety cots dated the Same due astho Sct�uidy Iny111111eln (-11. which provides for monthly palme„ts with Flee Intl debt. H tat paid orwhet, due and payableoa ppq he full dew 1 Ioj} 10 . 2 iderlcrd y. wn+taeet secvra to lender: Tal the. repaynletUt o :the tfebt r by the Nat. «itA interest, and an rttsewtlls, eatetaioro and snodirw:tCiunu (b) the payment of aR other iwm -* with interest, advanced under puasrallh 7 to project the security of this Setwky Itnuurnent. and Ica the Perfornunce of Borrowe{s covenants and asrernlents under this Security limn' m rat and the Note. For this purpose. Borrower irrevocably srarm and conveys to Trustee. in bust, with power of uk, the f located in otlowins described PtopeTq BRUTE Coutlty. G6foritla: SEE LEGAL DESCRIPTION ATTACHED HUM AND MADE APART THBREOP which has the addrevsrsf 3377 MAD AVF.NUS I% -."I caldnrnu 95926 ("Penperty Address"), 11• (,".I CHICO Ical Tt11,t nn It %'Itll all the rmprnsements rw.w or hereafter Sorted 4111 the pr4q.erly, and all eesemrnts nsht♦ a(.purtenanses. rents, r4n,alltrs. mineral. 4111 and gas rlRhls anti ptl,fils, wafer rights and rt,i k and all Ihlures ntnv nor hereafter •pan .11 the (,n,(rrls All rerla. rments and a4ldlttt11ls shall al.a he rosetnl h1 this �erurlq (n.trumrnt A1141f 1At (44rep11ns 1% referred t„ 4n this 4, urlts In.uunlent a. the "Pr.,I,etl) " in411a41M1 It 0 1% 1 %f,%1% that K.M.wr1 1s lawfully seised .,f the estate herehl .4.n.rsert and has the right 111 grant ' r.-nH'q, .r% the 1'r.rrts an.l thal the 1'r.q.erls 4s unen.umhere4l. ea,ept (nr en:umhean, or, if rrr.,rd 1a,11,w r4er aarranto, :::ii w oil delend srnerall. • he title In the Pr.,(.rrts asoma all .lams and denunds. suhlr, 111, and en, umhran.rs of ren44td 1111. \I, 1 Olt. Isl al \el ♦I , .mhm,•. ...f...m ..., r,,.n., 1. ., n...... . . .. 0 • 94-20165 G 1♦I I••so%11.•,11d�1. 11 value%%...J.1. „r.anlan.lan••'„1:I .,f "to"' glial and Inlrrr ol, 1'trPai tnrnt and Lair 1 barar% 11 •soler .'r .belle (l. •/sopa%%. 1.4, Ihr 1411,.11.41,•1 Asid Ili t.', .'%1 ••so 11., J. /.I r. nl•'b. rot I.. Ihr \••Ir Alul Ant 1.1, 1. n., sol I,..1 Ill.., I.A1 01%J4i Ub.lt I Ilio \.•L• i. I sand% (ler 1 ata t mad lawraacr. %uhe. 1 so. Apph. Ahle lar ,./ I. • • . nnrn r 4,%i a La 1 rn.l.'t 14..... rrr oh,111.•a l., I resolve .... else J4% ....... 11.1, I'As si..sil% Ali du,' u14in III.. \.4r Ur...) the- \••Ir ,. 1•u,r .n lull a ,all' 1 I u1..1 %• I t4oU11.• uh, Ir, lith ..1 sal -J111 14ac, And a%a•%%Inrul% '.huh Islas aria... 1•U•.UI% .11 It— %...1111% In Vl nno••,1 the %,-Alto IeAa•h Ij p1111.f 1.1, .4 ((,uuJ Ill..% of. III,. I'1. •1%'/1), if Ates 1a I %fall% IU//I.1 IINo.I J•ne pli'11U4e•o• and 1.11 )tall% n,t111rArr III,Ylitsic 1.Irlllluli1%..1 an% I Ist-w lie11I% Alf %•11.•41 "r,l f.,r 11 ,'ell% I ,..Jit ala% 411411.alt• Ihr I Used, Jur ...1 III,. h4tl%.11 %uncut JAI. anal tra..n,.J 1r e%1m1a1. %.d lulute r%, rola 11V111% I he I uIIJ%eohA11 Ir hrlJ Is. an I41.111u1nu1 the Jrpe,%sti, w a..uunl..ol salt h ur......heti or guarahlnJ h) A Ir.kul.w Nate /rr11%s lulllWTll.p 1 f11Jrr It I critics 1% %u%h alt III%lelulhnl I endri %hall Appl% lhr I u11J% 1., pa% lhr earo,e 1lrn1% 1 ruder Ilia) 43.4 'harp'. I..t h.JJuep And q.plvn.r Ihr I sand%. aflAl)iult 111'. a ..num o4 %cul+uq rhe ..,tow etctn,. ural.•%% ( ender pa)% It.r(#urrr Is11eh'%1 w Ihr 1 u/eJ% and A1.1,11.4hle lar IK•n1611% I cf,J.•r 1., nu►r w.11 a . harp'. 144r.,rrr And 1 r weer nu% tine•c its 11,1111lip that inirrr%t %lull he paid on the Fund% I sok., all Aprermenl I% mads .w appll.Ahk IAa reyuue% ueterc.l h. I% pad. I rn.kr %lull Is„ 1 her (eyuttrd to. pa) It.,dlnart in) ..here%% r.r rarnmp%ton Ihr I eltlti% I ender %hull rifer its 14erruaer. w*lrtu.ut charger, an annual a'.creuming of Ihr 1 untl% %h.•aIslr .grdll%AnA debit%I.tlAe I wnl%and Ihr Purfaese for ahkh each debit 10 the I sand% aa%nude 1 he 1 und%are pledge) n aJJlll m ' In%rrument %!cunt) suwind r Ihr %emurnl by thl%Snunly If the amount d the PunJ% helJ h) Lender. tiegetAcr venh the future Itesnlhl) pa)mrnt% it( FunJ% pA)abk pwesw Io the due date% t1f the orwioa item%. %hall !%seed the ainhum requlyd its pa) the tv row nem% a hen due, the etcerv% %hall k. at Ilawrower'% nPtaln, either pitemptl) reposed to Ikwriwtr des credded It, Ihwrlmel ton monthly Ps)menl% tel' Fund% If the amtouni t+f the I- undo. held by Lender r% reset %uflatent In pa) the evcriw stem% w hen due. fkwalaer %bill Pay to Lender any amount nece%ury to make up the Jcficeeric) m sen res more paymenl%4% required by 1 rndcr Ulnen payment in full O( all %same, %ed•uud by the% hunt) In%lrumrr 1. I.erder %hAll pwawnptly refund to Ikofteewer any Funds, held by (.ender If under paragraph Iv the Pfopeny r% u+W ter acqutfed by (Ander. Lender shall apply. no lata than rrnnlrdtatcly prefer to the vle a! the Prf%petrly aw u% acqululi n by Lcndcr. an) Fused% held by Lcndcr at the Rime of application a%a credit agailrt the %um%%c cured M tan Semunty Inestrument J. Aplkatiaa of Paywrata. Vnlc%% appefecaMe law Prtwede% tMherwe%e. all Paymenh received by (Ander under paragraphs I and 2 shall he applied firm. to lalt chargers due under the Dewe. %!mond. In Pfrpayment chargee, dear untef the Neave, third, to amount% payable under paragraph 2. (fourth, to mtere%t due, and IaN. Io pnrklPal due 4. (larRts; Deas. Klff(lwer %hall Pay all tatm a%%e%%menl%. chargees fine, and imp(Mltnsn% altnhutabk to the Property which may altaen preswtty *liver the% Seeurny Instrument, and ka%chnW Pa)mcnt% *ler ground rent%, Of any. lk+rrower %hall pay lhe%e tobllgatune m the manna Prsevlde'd in paragraph 2. rw of nut paid in that m•rencr. fltwrtwer share Pay them on time directly bi the per%nn owed payakw. fkltrenver %hall pr,wnptly furnnh to Lander all tes+tk %4 ere rwnh In f+e pad unlet the% paragraph. if lidxrtwa Inalsesabese PaymenK derecily. fkwrrewrr %hall pxa+mptly (urnr%h 1,+ Lender recetpn evedcn.ing the payment%. .. &Wfc wer %hall promptly ditehairge any bea which has Prxxtly over the Secunt) (nurument unl%% fl,xrtwer- (a) agrees to writing to the payment hof the oblagalntn %Kured by the lien in a manner alcceptabk to Lender. IN c,nleats 1n gre td faith the hen by, or defend% apenm ernfaxcemcnl of the hen in. kpl p ffece dinp which in the Lendet'%npinl,tn gryicrate to Prevent the ers(fxcement a( the Iron res ftxfesture of'any part of the Property; ger (c1 %!curia frons rhe briefer d the ben an agreement s gIn(actdwy to Lender wtw+rdenaung the leers to the Security Instrun+ent I( (.ender defermin% that any part of the Pri4virly.0 wle) ti to a Igen whlch mar attain ptsrxny over this, Security Inurumenf. Lada may glve ihxrowa a notice identifying the hen. Iftwrtw•a %hall salle,fy the Igen ew take cone or mswe of the acteslrs% vet forth aMve within 10 day% of the giving tlf nMae. S. Hazard Imeacaaee. Btxmwer %hall keep the imprtwementie now etnteng tie hereafter erected sort the Property inured agaln%t kn%by fire, harard%lncluded within the tern "tatended eenerrage' and an) dither harard%6w which Lcn*r fequife% in%uratxe The% In%urance %hall he maintained to the amounts, and Ge, the pireode. that !Ander requires The insurance carrier pro%ding the ensarancer %hall be'chown by &vrow'er wtytct to .Anda % appx*lwaI which %hall nM be unreaunably wlthheW All Imurance p+l+cee% and reriewah shall be rrccepwabk to (.treses and shall Include a %tandard mttngage claw c Lender %hall have the fight its lesdd the p,bceco, and renewals If lender require~ lkwr,wer shall Prtwnpil) gest Its IAnder all fe senpt%ref pard premium. and renewal n,we ere, In the hent of Ifee,t, Kifro.aer %hall give 1wi mph MNK! In the Ilnuranet eamer and lender. lender may make prtvef def let%d of" made prennply by Ikwrlwrr link-%% IAndcr and (kerriwrr gwherw'1%e agree ea writing, in%ura1MY Prtverd%%hall he applied to rt%tiwaredn res repair Of the Properly damaged, if the ft%IlwatkM ,w repair n erc,nternecally (cANhle and 1 endcr'e, amursty n now k%%cncd If The rt oliatten res re air I% row ec4ntwere ally feaalAk iw Lender % %ecunty would he k%e,tnctl, the endurance prKt'eJd %hall t%e applied to the wind tecur*ld h) the% Semonly Indlrurnent, whether tie sow then due, allh any etch%% pad ti, Ikwrtmer If IlOrriw'er abandon. the Property. ,w dun mw answer wlthln iO da)% a nolrce frown I ender that the in%urance carrier ha% Offered to %elle a claim, thorn Lrnakr ma) coikvt the endurance prtwetd% 1-clukr mar u%c the proceed% to repair tw re%tewt the Proq%ert) ow if, pas %um% N%urcal by the% Security in trun+ent. whelher serrust then Jue the 311•JAy pecn,d well begin when the notwe I%gnrn llnle%% 1 ender and Ikerri%aer ocher. ew agree in a riling. ane, aPPlr alesn od Pr.%ml% its principal %hall mw eticred or p telpene The due date ref the mitnthl% pavment%referred h, In paragraph% I and : ler d hanger the amount ref the pa)ment% If under paragraph 14 the Properly 1%A,yutrrd by i ender, tkerrower'% right In Am el-filoar Rodeo, we, and Pr.%mh re%ulling from damage To the 1'r.,f%rrh pro tr To the acyueNtiun %hall pass ti% (.ender tit the event set the %um%%e%urtd M the%h%urtl% InNrument nemNutcl% pito( 1.1 Ihr afeyus%ohm A. Prevenaliun and "llaintenane of Property: IarawMdds, Mitroaer %hill not tlt'%tio%. damage or wh%lantiAlh change the 11r.q.rrr%. AI6w the 1'r,.frrN to drlr(ueralt for comma aa,le If ohs% %t%ur,h Inorumrnl I, .-n a IcA%eh.dJ Klfr,warr %loAll,onipl% rah the pr,.%1%I..m..l floor IrAw. Anti of Il,.rr.,wer Ao,luet^ toy 011ie. I., Ihr 1't,y%n%. the IcA.rh..1J anti Ice tole %h.Jl n.4 melee ionic- I rndri Arrcr. l„ Ihr mrrrer to, %11urig 7, 14nlertlrin rip 1 ender'% Mghlt le the 1'►up•rfs: Isitwtgagr Ineturanre. 11 144f,wrr fed% Ito prll.4m Or llN rri Alll%shoe .Ir lPf mfal%,.NII.IIr.fll ,.1 Ihe% %rt urn% lmoti mcnl. „t dhetr 1% A kr♦I roe%.\•J1/,r Ih.11 no -o% %Ipll.h, A1d1% ad,\ I 1 rnAr1'% 11pM%.n Ihr I'r..f%•rt% 1%u%h A% A pro%mting In han►rupl, e- pr -4m1, 1..1 %,4.J,'huwa11.•n ..t to, rnl•4... IAr... rrgulAln4o1 Ih..n I et,drl nl.o% .h, AhJ pA% IoM Mhme.re M two r%%Ar% 1., re -1c, 1 thr %41nr.•I to... 1'r,y%•r1% A1w.l I rhJrt . 11rhl. In the Proferll% I vood.. 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IsSadnsA aVl tr, {a.rn1 poap 1.11,."11 Ilotll-fn/ asp nl Sa.tl'► O+q% talons, 'alw (re M luad"ad q1 31111 -food 1/w a+rtl.ap.n no s+pra l +jam p•lRpgvo Irn"luso Ire p. -fill/ prt -fins, AVl It 1ralrawnnr •re "ad In /11a4n04 alp In la-f/d 100 It. IP its alt. Jus'"o nd Saw haptool ..rlwlalap 1a1H1/1 lapin 180 r1 prr.I/latd allow A""" of" I- a111••r ql tel Palerill-ap •wall iowe Poplin plot a.014 put awls aVl is t,pp141.a4tlV aVl nl rill .lot apind It II/M.utl +11111 Oqa •!a."II1ryl lin pwwlap In..gls. -6+1.1181 '.q +IVC VIAAt Iq pallnnll awn 1441 Sally •01 11'1141A,1t /q p+Vp..uA Sarr-w .. +ql M .wt •rovad 31,1 nl alw In +Mlnr MIVood a.It Ip V. oal•ns I 11/l -44/ g1Adt %q pa,pll.ald w.1.1ad #all. lyl los put Salnalnp lot I +tq nlddw sal ►Ny1•osd .t o Vlor aql In .pAlo1 plow spy. Sa1.00al n. I.pra l pale Nq.1 .uad'.04 ail In Iatd we 14.14. el .lrmn q1 a l"papa.lsa q 111 oglow •1141 -font. 11/V` aal.00ll pp.. W lol •ISa4,,o4 .41 no -1 lion .M. •.••pro 1 I.. put gnal•p In Ira.a - we l+ a1♦a11w/M q11. arylnr wally. t men #%a -.I }•poosl nnt. m qn-f\o lsay. Copra l •ala. ,n Sar.N1 3.11 up. w, Sapro 1 Il S910Z-4E 0 0 • 94-10165 DESCRIPTION All that certain real property situate.in the County of Butte, State of California, described as follows: PARCEL At Parcel 1, as shown on that certain•Parcel.Map entitled, •Being a portion of Lots 54 and 55, as shown on the Map of the Third Sub- division of the John Bidwell Rancho", said Parcel Map was filed in the office of the Recorder, of the County of Butte, State of Cali- fornia, July 21, 1986, in Book 103 of Parcel Maps, at pages 56 and 57. PARCEL Bs A 50 foot non-exclusive. easement for ingress and egress and public utilities over Parcel 2, as shown on that certain Parcel Map entitled, "Being a portion of Lots 54 and 55, as shown on the Nap of the Third Subdivision of the John Bidwell Rancho", said Parcel Map was filed in the office of the Recorder, of the County of Butte, State of California, July 21, 1986, in Book 103 of Parcel Maps, at pages 56 and 57. 10 II9CO11o1Na MCQU96TCO •T THE MONEY STORE CALIFMIA Also www Racome" o&IL to THE MONEY STORE 6200 CW*Qa Avenue. Suke 307 Woodland Hass, CaWomin 91367 9k-39568 94-039568 R. F. 6,00 1 Chock 6.00 Recorded 1 Official Records 1 County of 1 Butte 1 Candace J. Grubb• 1 Recorder 1 8t02eu 21 -Sep -94 1 PURL JR 1 -aPACC AGOV[ TNta UkC FOR PeColtoeWe Claa�� Corporation 'Assignment of Deed of Trust PORM 3194 ICA 12471 THIS soft.. IVANIS"CO aV COOAOAOk CALTN t.ANO TITLE INSURANCE COMPANV For Value Received. the undersigned hereby greatk asiSm and traoders to TN 8a41t d h.a vM '%t Ttra+e` trr*- :he rze. q 2.4 Sateierl Agro w'd daled as of uiy 31 eNrt. Sacs 1934.8 all beneficial interest •ndr Chu certain Geed of Trust dated May S. 1994 , elacated by LEONARD J. MARTIN, and EDITH A. MARTIN .HUSBAND AND VIFE. AS JOINT TENANTS. . Tnster. a PRINCETON ESCROY 00. 0 � Trttatse, and worded w Iasertia rat No.14 020 (K on. OR 1bf to K(Q � in book Page . of Of And Records wthe County Recorders oa5a BUTTE Cotaty. Cdifornia. describing land thereia as: 3377 "ORD AVENUE CHI00 CA 95926 Together with the now at Rotes therein described or retc It to. the aoney doe and to. becoR+f dee that" aids interest. fwd al righu accrued or to Comm ander said Deed of Trust. STATE OFCALWO/tMA As31stan Vico Prosident COUNTY of SACRAMENTO ISS. on MAY-Ia 1996 _ — tualort nw. ew wndsrsrprwd. a Notary PnAsc„ane lore "IS step. R.rwrwt, sPpewad G a ra_G r c c n, AV i' Personally brown to nw for proved to nw on nw bovs of sahslaclwy ovKNr<*) w bo P* pewwW*l wh"s nems 0 wart eubKrNed to ” *Ow, MtrwMM And ac.nL*"m t^d n "" MM tw/atw h&y 020Cu ed ms .arena in hoAWARwlr aunwKred CAMAY (res). ave that by tw.~Ahow sgwtwH%) on Mw ""trumwnt Mw pers4wgsl. or Ire 04"41 upon bOMA or wtw.n to pKwnit) Dc"a. o■ecNO It -e VYITt/L s9 my ha4rJ and Art,.. yR =- II S'AIMS tannwrr, � :. � Mroorm, ce-I: s�.1m • RECORDING REQUESTED BY: ALFRED P. LOMEL& TAX COLLECTOR COUNTY OF CONTRA COSTA. STATE OF CALIFORNIA 94-41445 AND WHEN RECORDED MAR. TO: • 9 4-0414451 Rec Fee AHrodP.LonwB I Total Tai Coomw Recorded 1 P.0•BU631 Official Records I Mxtk*4 Cardomia 94SS3 County of i Butte 1 NOTICE SENT Candace J. Grubbs I R & T Code 2191.3 Recorder 1 8:02aa 4 -Oct -94 1 FRMS CERTIFICATE OF DELINQUENCY OF PERSONAL PROPERTY TAX (FILED PURSUANT TO SECTIONS 2191.9 & 2191.4 REVENUE AND TAXATION CODE) .00 .00 ND 1 I. ALFRED P. LOMELI. TAX COLLECTOR OF THE COUNTY OF CONTRA COSTA, STATE OF CAUFORNLA. DO HEREBY CERTIFY THA'. UNSECURED PROPERTY TAXES HAVE SEEN DULY ASSESSED. COMPUTED AND LEVIED FOR THE FISCAL YEAR 19 94 1995 — IN COMPLIANCE WITH :NE PROVISIONS OF DIVISION 1. PART 4 OF THE REVE14UE AND TAXATION CODE, IN. WHICH THE AMOUNTS STATED HEREIN. TOGETHER WITH MEREST AND PENALTY AS PROVIDED BY LAW. WHICH ARE DELLA. QUE.tiT AND UNPAID. ARE AGAINST THE PERSON OR PERSONS NAMED HERENt NAME(S) AND LAST KNOWN ADDRESSES: (� �F rn MARTIN L J 701 3377 NORO AYE O CNICO CA 95926 G c rn WHO IS/AAE LIABLE TO SAID COUNTY FOR THE TOTAL UNPAID AMOUNTS SET FORTH BELOW: O YEAR 1994 ACCOUNT NO. J 709874-0000 TAX RATE AREA TAX PENALTY FEE TOTAL 1001 .14.21 3.42 .00 37.63 FROM AND.A;TER THE TIME OF FILING THIS CERTIFICATE OF LIEN FOR RECORD. THE TOTAL AMOUNT OF UNPAID TAX AND PENALTIES REQUIRED TO BE PAID BY THE PERSON OR PERSONS NAMED CONSTITUTES A LIEN UPON ALL PERSONAL AND REAL PROPERTY NOW OWNED BY SAID PERSONS. OR THAT MAY SUBSEQUENTLY BE ACQUIRED BY THEM BEFORE THE DATE ON WHICH THIS LIEN EXPIRES. THIS LIEN HAS THE FORCE. EFFECT AND PRIORITY OF A JUDGMENT LIEN FOR TEN (10) YEARS FROM THE TIME OF THE RECORDING OF THIS INSTRUMENT. UNLESS SOONER RELEASED OR OTHERWISE DISCHARGED. DATE RECORDED ALFRED P. LOMELI TREASURER -TAX COLLECTOR i . n .O e RECORONG REOUESTEp BY: 94 -4'14 51 ALFRED P. LOMEL% TAX COLLECTOR COUNTY OF CONTRA COSTA. STATE OF CALIFORNIA AND WHEN RECORDED MAL TO: 94-0414511 Rec Fee Af red P. LonwB I Total Tax Cotkctar Recorded 1 P. O. Box 631 Official Records 1 Martinez. Caffamfa 94553 County of Butte 1 NOTICE SENT Candace J. Grubbs I R & T Code 2191.$ Recorder I 8s02as 4 -Oct -94 1 FRITS CERTIFICATE OF DELINQUENCY OF PERSONAL PROPERTY TAX (FILED PURSUANT TO SECTIONS 2191.3 & 2191A REVENUE AND TAXATION CODE) .00 .00 L ALFRED P. LOMELI. TAX COLLECTOR OF THE COUNTY OF CONTRA COSTA, STATE OF CAUFORNLk 00 HEREBY CERTIFY THAT UNSECURED PROPERTY TAXES HAVE BEEN DULY ASSESSED. COMPUTED AND LEVIED FOR THE FISCAL YEAR 19 94 1995 N COMPLIANCE WITH THE PROVISIONS OF OPAWON 1. PART 4 OF THE REVENUE AND TAXATION CODE, N WHICH THE AMOUNTS STATED HEREYC TOGETHER WITH INTEREST AND PENALTY AS PROVIDED BY LAW. WHICH ARE OEW- OUE.YT AND UNPAID. ARE AGAINST THE PERSON OR PERSONS NAMED HERENt NAME(S) AND LAST KNOWN ADDRESSES. MARTIN EOTTH A 1377 NORQ AVE CHTCO CA 95926 WHO IS/ARE LIABLE TO SAID COUNTY FOR THE TOTAL UNPAID AMOUNTS SET FORTH BELOW. YEAR 1994 "CCOUNTNO• R CF2626GU TAX RATE AREA TAX PENALTY FEE TOTAL 1001 185.56 18.55 000 704.11 FROM AND AFTER THE TIME OF FILING THIS CERTIFICATE OF LIEN FOR RECORD. THE TOTAL AMOUNT OF UNPA10 TAX AND PENALTIES REQUIRED TO BE PAID BY THE PERSON OR PERSONS NAMED CONSTITUTES A LIEN UPON ALL PERSONAL AND REAL PROPERTY NOW OWNED BY SAID PERSONS. OR THAT MAY SUBSEOUENTLY BE ACOUIRED BY THEM BEFORE THE DATE ON WHICH THIS LIEN EXPIRES. THIS LIEN HAS THE FORCE, EFFECT AND PRIORITY OF A JUDGMENT LIEN FOR TEN (10) YEARS FROM THE TIME OF THE RECORDING OF THIS INSTRUMENT. UNLESS SOONER RELEASED OR OTHERWISE DISCHARGED. DATE RECORDED ALFRED P. LOM -FU TREASURER -TAX COLLECTOR a 0 Recording mWeded by: .95-35758 BUTTE COUNTY JAX CO 1FCTOR 25 COUNTY CENTER DRIVE OROVILLE. CA 959653384 When recorded. return to Tax Conector /� q 1 �- 95-0357581 Rec Fee .00 •_' 4c s<...- •- -:, 1 Total .00 _ —'�:.<'s�. ,�:�_.-.'e,1-`.,'.� ._--•. �Recorded 1 �r_tiw'•�r" __.<�:s..:: Official ':=y—:.`:.':i=_'• •• ----. Records t __._:;- =`vim l -`l -. •'.:. County of 1 Butte 1 Candace J. Grubbs 1 Recorder 1 NOTICE SENT 12:33pn 16 -Oct -95 I BCTX XX 1 R oft T Code 2191.3 BUTTE COUNTY Trot COLLECTOR 25 COUNTY CENTER DRIVE Uen No. 960S06 OROVIUF. CA 959653384 ERTIjFjCATE-'0P- LIEN 1. DICK PUELICHER Tax Collector of Butte County, State of California, in compliance with the provisions of Section 2191.3 and 2191.4 of the Revenue and Taxation Code, certify that there are on record In my office delinquent unsecured property taxes as set forth below. These taxes were duty assessed, computed and levied, together with interest and penalties for the year(s) and amount(s) set forth below and are against the person or persons named herein and those persons are liable to Butte County for said amount(s). In addition, further penalties will accrue on said taxes at the rate of 1 1/2% on the 1st day of each month beginning on the second month after delinquency. If the last day of any month falls on Saturday, Sunday or a legal holiday, the additional 1112% penalty attaches on the next business day. ASSESSEE AND ADDRESS YEARMNrAR./A,CCOINr A � \ MARTIN LEONARD J OR EDITH A 157.62 CHICOkORO AVE CA 95926 830-002-800-000 091-036 072-180-006-000 BOAT C6837Jk From the time of recordation of this certificate. this lien has the brae, effect and priority of a judgment lien for a period Of ten years or any extension thereof. The amount required to be paid as Shown herein together with all accrued interest and penalties hereon will constitute alien upon all real and personal property owned or hereafter acquired by each of the above named assessee(s). i • 0 Med: 09/14/95 DICK PUELICHER I Tar Collector at (oe" ! , t J Vic, C 1 Yl I ,v y r------------ � I 1 t � I t t t I � I _ I t _J /.------------ �f r1l a 0 4 042-050-072-000 100 171.28 1 2 5 APPROVED Development Plan DATE USE PERMIT VARIANCE MINOR U.P. ADM.PERMIT PLANNING COMMISS. DIRECTOR OF: DEVELOPMENT SERVICES A1:'F1L.IC^,."—F: NA 1:;�, C ISI I X , 25 N OBD ^V`E CH ICU, Cf� 3 E5 <D AP: 042-050-072-000 3377 N OBD AVE C H I CO, CA 05973 PUtZPOSEC� USE: iZEMOVAL OF COVENANT AND CONf-7,>ITfONE- O F' DEVELOPMENT izIGHTS. E 6 E a W E D iZFEE FE1ZE ROCU M E JAN 2 2002 8E5-2'IJ2 BUTTE COUNTY PLANNING DIVISION COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE Q Z3 AN Z 3'0 2 COOsu I50072000 NIX C STEPHEN 37 NORD AVE CHICO CA 95973 NIX -377* 959732289 1202 23 RETURN TO SENDER NIX'MARC 1050 SALEM ST. NO CHICO CA 95928-6065 RETURN TO'SENDER a I.S. POSTAGE 04/25/02 T E i�rr,.s��r,:,ri..rr.i,a,t;,�n;i,r�r„�,t, �7� � ~~ `� ~ \ \ ` , / `� ' ` COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965-3397 RETURN SERVICE REQUESTED CEOVE DEC 2 2002 D BUTTE COUNTY PLANNING DIVISION IVtiC-9/ /+`� Y5`•)/��7c'b lc'V�-` 1'4 it/�Y/ Vc' RETURN TO SENDER NIX'MARC 1050 SALEM ST #B CRICO CA 95926-6065 RETURN TO SENDER HIMEE�IW -- :- _;�_�•- _j j 1.1,1.1! li i I!ti H H 1 i i �I - - •- - -• - tilFf!!f! !F! ! !!f Hil! !!i!!f t !!_ ca RYY 2 60 Z W Vi -1 PB 71; IVtiC-9/ /+`� Y5`•)/��7c'b lc'V�-` 1'4 it/�Y/ Vc' RETURN TO SENDER NIX'MARC 1050 SALEM ST #B CRICO CA 95926-6065 RETURN TO SENDER HIMEE�IW -- :- _;�_�•- _j j 1.1,1.1! li i I!ti H H 1 i i �I - - •- - -• - tilFf!!f! !F! ! !!f Hil! !!i!!f t !!_ A 0