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Home My WebLink About066-360-041OW , j ef Sj t- out d� t ' f �n�� } � y i -;i i .�{r� �' � 1 4! iy • � r r nS •}{V.1.) 4 jYt � f n, .. { ti Y..: i a 0.1t��' x 7t►�, �j(z" t o 7 1 • .i � � ". � i `� L}� i'. * 7 r yfti�Lc !ii � -. � A fir P Cvc wog`\` Department of Public Works C o u n t y o f B u t t e J. Michael Crump, Director Land Development Division 7 County Center Drive Stuart Edell, Deputy Director Oroville, CA 95965-3397 (530)538-7266 (FAX) 538-7171 July 18, 2005 Stephen Serra Fidelity National Title 17911 Von Karman Avenue, Suite 300 Irvine, CA 92614-6253 RE: Neil and Cindy Allen Parcels AP 066-360-041 & 063 Dear Mr. Serra: Upon review of the "creation deeds" provided by you under the cover of your letter of June 27, 2005, we have determined that Assessor Parcel Numbers 066-360-041 and 066-360-063 are two separate parcels. However, based upon these "creation deeds" it appears that neither parcel was created in conformance with the county code in effect at the date of each parcel's creation. Assessor's Parcel 066-360-041 According to the deeds you provided, this parcel was created July 29, 1966, by Grant Deed recorded in Book 1437 of Official Records, at page 301. At that time, divisions of land that resulted in four or fewer parcels could be effected by deed. However, county code did require residential parcels to meet, at a minimum, the following criteria: Frontage on a publicly maintained roadway, or created with a 60 foot access easement, or equivalent extension of the parcel, to a publicly maintained roadway. Parcels may be created with smaller easement widths, or equivalent extensions, with approval of the Planning Commission, board adopted table defining easement widths required based upon size of parcel. Minimum parcel size shall conform to official Zoning; where no official Zoning District adopted; minimum parcel size shall be 8125 sq. ft., with a 65' minimum width and a 125' minimum depth. Regardless of the above, minimum parcel size must meet Health and Sanitation requirements. We. did not find any find any approvals by the Planning Commission regarding this parcel. It does appear that the parcel size zoning requirements were met (the parcel was zoned A-2 in 1966). We did not research compliance with the Environmental Health Departments health and sanitation requirements. Solely based upon the deeds you provided; this parcel did not appear to have any deeded access rights to a publicly maintained road until 1989 when conveyed to the Allens by Grant Deed recorded August 28, 1989 as instrument no. 89-32340. The easement contained in the Allen's Grant Deed describes Pine Canyon Road. It appears that assessor's parcel number 066-360-041 may not front on, but merely "touch" Pine Canyon Road and may need additional easements to establish a 60 foot continuous strip to Nimshew Road. X:\LD Projects\COC - NOCW11en 066-360-041,063 071805.doc v Stephen Serra July 18, 2005 Page 2 of 2 Assessor's Parcel 066-360-063 According to the deeds you provided, this parcel was created January 24, 1972, by Grant Deed recorded in Book 1730 of Official Records, at page 479. At that time, divisions of land that resulted in four or fewer parcels could be effected by deed. However, county code did require residential parcels to meet, at a minimum, the following criteria: Frontage on a publicly maintained roadway, or created with a 60 foot access easement, or equivalent extension of the parcel, to a publicly maintained roadway. Parcels may be created with smaller easement widths, or equivalent extensions, with approval of the Planning Commission, board adopted table defining easement widths required based upon size of parcel. Minimum parcel size shall conform to official Zoning; where no official Zoning District adopted; minimum parcel size shall be 8125 sq. ft., with a 65' minimum width and a 125' minimum depth. Regardless of the above, minimum parcel size must meet Health and Sanitation requirements. The size of this parcel would have necessitated a 60 foot access easement and equivalent parcel extension. We did not find any find any approvals by the Planning Commission regarding this parcel allowing a smaller easement or extension width. It does appear that the parcel size zoning requirements were met (the parcel was zoned A-2 in 1966; current zoning is AR 2 %z). We did not research compliance with the Environmental Health Departments health and sanitation requirements. Solely based upon the deeds you provided, this parcel, did not appear to have any deeded access rights to a publicly maintained road at the time of creation. This parcel fronts on Ponderosa Way, a private road, and did not appear to have a deeded right to use Ponderosa Way until the execution of that Grant of Easement and Agreement for Road Maintenance recorded March 2, 1977, in Book 2149 of Official Records, at page 140. Again, based upon the information you provided, it appears that both the subject parcels were created without the necessary deeded access to a publicly maintained roadway. It is the County's position that a parcel not created in conformance with county code can only be brought into conformance, and thereby developable, through the Certificate of Compliance process. It is our recommendation that you contact the Planning Division of the Department of Development Services to proceed with an application for Legal Lot Determination for each parcel, resulting in a Certificate of Compliance. If you have any questions regarding this matter, please do not hesitate to call. Since C I ichael s, S Deputy County Surveyor cc: Chris Tolley — Planning Division XALD Proiects\COC - NOC\Allen 066-360-041,063 071805.doc