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HomeMy WebLinkAboutLLA 05-01"Y APPLICATION ACTIVITY LOG;a:. LLA 05-01 APN 022-310-035, -036 Nosej Farms, Inc Person Contacted Phone Number** Action* Date Time Spent C°omr.�eirks se�� 1v /D� �� -fie meelan h he he/W 9/aa o 9 i3 O LCLU� S c�� go16 -Isla-3S3k 2Ique.s l i -u Ripe- ('-4— wk-essa 9rIS�� f ?-S"C-J C—oA Le(+vlAa, �aa- (-C4 I Si v.�i ll lo�o�{ _30 pv�5� 5 Asem 1%-jpe- o Cnp .— (r�cn_/c�l � L �v� owrs� Sui �& L_ evocvY7 o Naw cuAc� *Use more than one line if necessary. **If applicable. d� VA PROJECT SUMMARY SHEET FILE NO.: LLA 05-01 PROJECT TYPE: Lot Line Adjustment APN: 022-310-035, -036 APPLICANT: Nosej Farms, Inc ADDRESS: P.O. Box 1294, Gridley, CA 95948 PHONE: (530) 682-1966 OWNER: Nosej Farms, Inc. ADDRESS: P.O. Box 1294, Gridley, CA 95948 REPRESENTATIVE: John D. Christofferson, P.L.S. ADDRESS: 220 Grand Avenue, Oroville, CA 95965 PROJECT DESCRIPTION: Lot Line Adjustment between two lots. The parcels are in a LCA Agreement of 160 -acre minimum LOCATED: on the west side of Riley Road, approximately 4,500 feet north of Colusa Highway, Biggs PROPERTY ZONED: GENERAL PLAN DESIGNATION TOWN/AREA: A-40 (Agricultural, 40 -acre parcels) OFC (Orchard & Field Crops) Gridley 1. Application accepted: 7/27/2004 Amount: $ 1,141.00 Receipt #: 406999 2. Assigned To: Mark Michelena - 3. Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commission, CDF, Building Manager, County Counsel, Sheriff, Site Plan to DDS Director 4. Sent to Inter -Departmental Review Committee (IDR): 81 /4.10 q 5. Status Letter sent to applicant: 8/1/2004 6. Date scheduled for IDR: 8/a,5 -10q 7. Final Comments Due By: D o 4 8. Mailing List/Lead-in Sheet: 9. Comments received from: 10. Staff Report: 11. Publication Notice Sent: 12. Notices Mailed: 13. Newspaper Publication Date: 14. Date Approval Letter Sent: 15. File to Public Works: Project Video: Display Ad Prepared: umber of Notices: O C P G B RECEIVED FROM PLANNING BAG: .338 DATE 712812004 FUND FUND DEFT—' ACCT DESCRIPTION --lTME CODE CODE" CODE'. CODE AMOUNT DEPOSIT DATE: 7fM ,_RECEIP_TS:_40M3_407009 'PLANNING.APPL FEE dEHL 0010 44OW1 42i'd9w 1018o1 4j902.00 P ... Ini4lialnihmv FOR 77 7-7—.1 ---- 1 $555.00 440004 461170.0' 101091' Amokintvf.Fee - $j54,;00 540M 4614901 101001 Amourd of Fee, 40.5.0- '161081 Amount of Fee 4700 9: 46.12319- 1010-01 - Am6.unt,qf_Fee_ $30.00 280 1011110 AmounfofFee ' .$N,578.75 019.00 367.50 215700 36.W. - . 66,578.75 TOTAL $ 72,11&25. APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER By: By: wMte=treasurer pink --auditor canary --depositor golden rod=file CSS 75"- )CaSh S76 tN:.022-31"35,03&NOSEJ FARMS; INC - LLA WQl' LAND DEVELOPMENT; GENL 0010' Pro�e�t Naber APN:10311-275-008.007-,SUNRIDG.E, DEV = TSM -OM3 APN:(122-31036,036-NO8EJFARMS, 1INC -LLKVJ-01 ENVIRONMENTAL HLTH GENIL 0010' Pro-ObtWumber FIRE-PLNG APPL FEE. FIRE PROTECT - 0400 Projectlidimiber APN:031275-,QG5.QQ7,-SUKRIDGE DEV TSM 05-03 NODINOE:CLERKISFI-LIRQ.-FE-*.-GENL [MILProject.'Number. APN:031-275-008,007-SUNRIDGE DEV - TSAR 0&03 PLANNING REVIEWEIRTR PLANNING REV 1001 Project Number APN:039-530412,013 - M & T MINE -MIN, 96-03 FOR 77 7-7—.1 ---- 1 $555.00 440004 461170.0' 101091' Amokintvf.Fee - $j54,;00 540M 4614901 101001 Amourd of Fee, 40.5.0- '161081 Amount of Fee 4700 9: 46.12319- 1010-01 - Am6.unt,qf_Fee_ $30.00 280 1011110 AmounfofFee ' .$N,578.75 019.00 367.50 215700 36.W. - . 66,578.75 TOTAL $ 72,11&25. APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER By: By: wMte=treasurer pink --auditor canary --depositor golden rod=file CSS 75"- )CaSh S76 Wednesday, July 28, 2004 -Development Services PLANNING DIVISION Ver. 1.0 lCounter .— Person I Mark Payment Date 7/27/2004 Receipt Number 406999 Received From -Noseh Far s;J. Davis (General Fund) Nosej Farms, Inc Applicant $359.00 I(Land Development) Application Number LA 05-01 or In Reference To :022-310-035;022-310-036 Parcel Number / NOE '5856/3871/0.50 cash Check Number/ Cash Minnie Total Received 1 1 41.00 Planning Re Total Fees $1,141.00 DDS Planning $555.00 (General Fund) $0.00 $0.00 Public Works $359.00 I(Land Development) Cell Tower ($2500.00) Environmental $227.00 CDF (Fire Department) $0.00 / NOE $0.00 INOD (Recording Fee) Minnie $0.00 [A—unt $1, 500 or $2,000 Planning Re $0.00 Fish/Game $0.00 ALUC (Airport Land Use) $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower ($2500.00) $0.00 Public Sales Co $0.00 Other: $0.00 DEPMZTMENT OF PUBLIC %PRKS BUTTE COUNTY UNIFORM APPLICF"rION 4YYLIl.HrV1: r1uv1ur OVUM n1w1n1auvn vn W IWI a W. nPPLICANTS NAME ( If applicant is different from owner an affidavit is NOSEJ FARMS, INC. ADDRESS P.O. BOX 1294 CITY, STATE, ZIP CODE GRIDLEY, CA 95948 NAME OF PROPOSED PROJECT (IF ANY) LOT LINE ADJUSTMENT LOCATION OF PROJECT ( MAJOR CROSS STREETS AND ADDRESS, IF ANY) COLUSA HWY, GRIDLEY rwNFRAI INFORMATInN RFOtIIRFD 022-310-035, 036 TELEPHONE ( 530 ) 682-1966 (S): OWNER'S NAME(S) TELEPHONE 1) NOSEJ FARMS, INC. 2) FRANK W. DENIZ & IRENE DENIZ, TRUSTEES OF THE FRANK W. DENIZ 1) ( 530 ) 682-1966 & IRENE DENIZ REVOCABLE TRUST DATED 3/11/94 2) ( 530) 868-1171 ADDRESS CITY, STATE, ZIP CODE 1) P.O. BOX 1294, GRIDLEY, CA 95948 2) 250 PRYDE AVENUE, BIGGS, CA 95917 ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE ( In square feet) A40 OFC OFC SEE TENTATIVE MAP EXISTING STRUCTURES (In square feet) PROPOSED STRUCTURES (In square feet) SEE TENTATIVE MAP N/A ( Check One) ( Check One) PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER X PROPERTY IS OR PROPOSED TO BE ON SEPTIC X PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED X LOT LINE ADJUSTMENT PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT ( Describe number and size of resulting parcels )- CONFORM PROPERTY LINE TO THE CENTERLINE OF DRAIN DITCH TO FACILITATE FARMING OF CONTIGUOUS FIELDS. OWNER CERTIFICATION I CERTIFY THAT I AIM PRESENTLY A LEGAL OWNER OR THE AUTHORIZED AGENT 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 authorized, e u e the Agent Authorization ) OS FAR S, IN DATE: .7 t`Lp SIGNATURE: L~ EPH A. JUSTI , VICE PRESIDENT THE FRANK W. DENIZ & IRENE DENIZ REVOCABLE TRUST, DATED 3/11/94 SIGNATURE: . �. FRANK W.. DENIZ, TRUSTEE - DATE: SIGNATURE: IRENE DENIZ, TRUSTEE NATF• Nnfi£rafinn nnrmaliv sent only to aoolicant and aaent. Written request required for additional notification. GDA # 04-038 AGENT AUTHORIZATION ..5 To Butte County, Department of Public Works: JOHN'D. CHRISTOFFERSON - GDA ENGINEERING SURVEYING PLANNING 533 -2068 - Print Name of Agent and Phone Number 220 GRAND AVENUE OROVILLE CA 95965 Mailing'Address. is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 022-310-035 036 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document (s) relating to record title interest. Owner(s) of Record (sign and print name) THE FRANK W. DENIZ & IRENE DENIZ REVOCABLE NOSEJ FARMS, INC. TRUST, DATED 3/11/94 JOSEPH A. JUSTISON VICE PRESIDENT FRANK W. DENIZ, TRUSTEE Print me Print Name X X Si turee _ Signature - c0y t? IRENE.DENIZ TRUSTEE D Print Name Print Name sE'�►��N7 X. Signature Signature Civil Engineer or Land Surveyor: JOHN D. CHRISTOFFERSON P.L.S. 533-2068 Print Name of Civil Engineer/Land Surveyor and Phone Number 220 GRAND AVENUE OROVILLE CA 95965 Mailing Address vf% vrn%.0 VOC UNLT Date received: Total amount received: $ Receipt No: Taken By: Land Dev. $ Plan. $ Make checks payable to Butte County Treasurer .. DALand DevelopmentlAppllcatlon Forrns%Appllcatlon for LLA & MERGER Env. Health $ GDA # 04-038 D E PWT M E N T OF �DEVELOPMEAiT s- iEEs BUTTE COUNTY UNIFORM APPLIC0ION APPLICANT: Provide agent Inrormation on.otner sine: APPLICANTS NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER(S): NOSE) FARMS, INC. ADDRESS022-310-035, 036 P.O. Box 1294 CITY, STATE, ZIP CODE- GRIDLEY, CA 95948 NAME OF PROPOSED PROJECT (IF. ANY) TELEPHONE LOT LINE ADJUSTMENT ( 530 ) 682-1966 LOCATION OF PROJECT ( MAJOR CROSS STREETS AND ADDRESS, IF ANY). COLUSA HWY, GRIDLEY r-PKIPPAI IAI1:n9MATInKI P;=n Pi:n OWNER'S NAME(S) TELEPHONE 1) NOSEJ FARMS, INC. 2) FRANK W. DENIZ & IRENE DENIZ, TRUSTEES OF THE FRANK W. DENIZ 1) ( 530) 682-1966 & IRENE DENIZ REVOCABLE TRUST DATED 3/11/94 2) ( 530) 868-1171 ADDRESS CITY, STATE, ZIP CODE 1) P.O: BOX 1294, GRIDLEY, CA 95948 2) 250 PRYDE AVENUE, BIGGS, CA 95917 ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE ( In square feet) A40 OFC OFC SEE TENTATIVE MAP EXISTING STRUCTURES (In square feet) PROPOSED STRUCTURES (In square feet) SEE TENTATIVE MAP N/A ( Check One) ( Check One) PROPERTY IS OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER X PROPERTY IS OR PROPOSED TO BE ON SEPTIC X PROPERTY IS OR PROPOSED TO BE ON WELL WATER AI-FLI(;A 1IUN KtWL1tb I.tL) X LOT LINE ADJUSTMENT LLA . PR[Y_LFCT DF.grRIPTInN FULL DESCRIPTION OF PROPOSED PROJECT ( Describe number and size of resulting parcels) CONFORM PROPERTY LINE TO THE CENTERLINE OF DRAIN DITCH TO FACILITATE FARMING OF CONTIGUOUS FIELDS. BUTTE MERGER: SUBDIVISION/ PARCEL MAP: BOOK(S): PAGE(S): l 1. BLOCK(S): L0T(S): - I _ VYY1YCrR VCr%l lr ll,rMl I%Jllv---- I CERTIFY THAT] AM,,PRESENTLY A LEGAL OWNER OR THE AUTHORIZED AGENT 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 the. Agent Authorization) NOSE) FARMS, INC. DATE: DATE: lP - DATE: SIGNATURE: JOSEPH A. JUSTISON, VICE PRESIDENT THE FRANK W. DENIZ & IRENE DENIZ REVOCABLE TRUST, DATED 3/1.1/94 SIGNATURE: FRANK W. DENIZ, TRUSTEE G SIGNATURE: IRENE DENIZ, TRUSTEE NOTE: Notification normally sent only to applicant and agent. Written request required for additional notification. GDA # 04-038 AGENT AUTHORIZATION To Butte County, Department of Public Works: JOHN D. CHRISTOFFERSON - GDA ENGINEERING SURVEYING PLANNING 533-2068 Print Name of Agent;and- Phone Number 220 GRANDAVENUE OROVILLE CA 95965 Mailing Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 022-310-035 036 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document (s) relating to record title interest. Owner(s) of Record (sign and print name) NOSEJ FARMS, INC. JOSEPH A. JUSTISON, VICE PRESIDENT Print Name Signature G q Nom/ Z:�--/ C / z - Print Name Z✓'C4 Signature , %livil r--1ly111UU Ur Lana Jurveyor: THE FRANK W. DENIZ & IRENE DENIZ REVOCABLE TRUST, DATED 3/11/94 FRANK W. DENIZ TRUSTEE Print Name gldn6��?� Zt; o(2-.-,, 12M Si nature IRENE DENIZ, TRUSTEE Print Name X Signature JOHN D. CHRISTOFFERSON P.L.S. 533-2068 COUTE NTTY Print Name of Civil Engineer/Land Surveyor and Phone Number JUL 21 2004 220 GRAND AVENUE. OROVILLF CA gSgFr, Mailing Address FOR OFFICE USE ONLY Date received: Receipt No: Land Dev. $ Plan. $ Total amount received: $ Taken By: Make checks payable to Butte County Treasurer DALand DevelopmentlApplicatlon formsApp11catlon for LLA & MERGER Env. Health $ GDA # 04-038 .�. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES LOT LINE ADJUSTMENT/MERGER APPLICATION SUBMITTAL REQUIREMENTS AND CHECKLIST Prior to submitting a Lot Line Adjustment application, it is requested that the applicant discuss the application requirements, County procedures, zoning provisions and building provisions with the Development Services, Public Works and Environmental Health staff. Please note that acceptance of your application is not an indication of.approval. A. SPECIFIC INFORMATION The following specific information and material shall accompany a Butte County LLA Application form at the time of submittal. All items, maps and exhibits submitted in support of this application shall become the property of Butte County. This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. BUTTE COUNTY Applicant Development JUL 2 7 2004 Services DEVELOJ? 1. ❑ 6��A completed, signed, LLA/Merger Application. SERVICES 2. ❑ A completed, signed, agent authorization form if the application is signed by an agent for the property owners must be submitted along with the Uniform Application. 3. ❑ Nl"- Payment of the currently required application fees. 4. ❑ Legible copy of recorded documents showing ownership of all affected parcels, or title reports. 5. ❑ A written request for any exceptions pursuant to Section 20-4 of the Butte County Code. 6. ❑ D- Twelve (12) copies of a plat map, drawn to scale on uniform size sheets at least 8 1/2" X 11 The finished map, if larger than 8 1/2" X 11", shall be folded to 8 1/2" x 11 ". The detailed map must include: • Name and address of Applicant, Engineer, and person or firm who prepared map. • Assessor Parcel Number(s) and if applicable, Tract name. • The Date the map was created and references for any source or map from which data was extracted to produce the map. r �- Lot Line Adjustment/Merger Submittal Requirements & Checklist Vicinity Map indicating the location of the land in relation to the surrounding area or region. -4 -Layout and approximate dimensions of each parcel. Note: New parcel lines shall comply with setback requirements of applicable zoning and building ordinances. Reconfigured parcels shall conform to the minimum parcel size specified in the zoning ordinance and the requirements of the General Plan; however, the Director of Development Services may, pursuant to Butte County Code Section 20-95.1 (d)(2), "approve modifications of the non -conforming lots or parcels where the modifications either decrease the existing nonconformity of a lot or parcel, without increasing the nonconformity of another lot or parcel; improve the health or safety conditions; or improve the design of the existing conditions; or improve the design of the existing affected lots without altering the existing land uses thereon." Parcels shall not become substandard for sewage disposal as a result of the Lot Line Adjustment. (Substandard shall be defined as in non- compliance with the standards that were applicable at the creation date of the lots. For lots created prior to any standards, Environmental Health Division shall make a determination as to the appropriate standard.) No boundary shall be modified in such a way as to cause an existing structure to be on a different parcel than the well and/or septic system serving the structure. North arrow and scale of drawing. All maps shall be drawn to an engineering scale with the preferred scale of V = 100' on the drawing and a north arrow oriented to the top of sheet. All maps must be clear and legible. •/ Any additional information necessary to verify that the parcels resulting from this Lot Line Adjustment will conform to the applicable zoning ordinance(s), general plan, and to the building ordinances applicable to existing buildings on the parcels. Lot Line Adjustment/Merger Submittal Requirements & Checklist B. APPROVAL REQUIREMENTS A Lot Line Adjustment is subject to approval by the Director of Development Services. Consideration for approval will occur after review of any comments that have been received in response to the public notice in the newspaper and to affected agencies and property owners within a 300 foot radius is given. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information, as deemed necessary by the Department of Development Services. I certify that all required information and materials have been submitted with this application: Signature: Applicant/Agent Date: Signature: i a kvU oO Date: evelopment Services THE DIRECTOR OF DEVELOPMENT SERVICES DECISION IS FINAL UNLESS APPEALED TO THE BOARD OF SUPERVISORS WITHIN 10 CALENDAR DAYS. K:\Plaiming\FORMS\APPLICATIONSU.LA Requirements Checklistdoc J,V\-Vl\ , Ko-io(-�e S� "- Q hack JUI -28-04 08:04A GDA ENGINEERING 530 533 3551 -JUL C/ V1 1L2 1lP LAWVCY as r_nv n4r.1L%." 'POW 11W roJ Lot line Adjustment/Meryer Submittal Requirements & Checklist B. APPROVAL, REQUIREMKNTS A Lot Linc Adjustment is subject to approval by the Director of Development Services. Consideration for approval will occur aRcr review of any comments that have been received in response to the public notice in the newspaper and to affected agencies and property owners within a 340 foot radius is given. Additional information may he required in order to clarity, amplify, corrector otherwisc supplement the above submittal inibrmation, as deemed necessary by the Department ofDevelopment Services. L certify that all req WESOA formation and materials have been submitted with this application: Date:`? -1 z`0 Agent SignatuDate: W f q&clopment Services, l - ;� lw. AS..,: to �J.-� ,4....... APPEALED TO THE BOARD OF SUPF,RV1SORS WTM N l0 CAL,FNDAR DAYS x:�r,r�n;uinFu�vH..nm�c�rruN,v� n a,q,.h4nn= O—jt 4j.da l (. � �'•� Y HCl P.01 r• To: Butte County Department of Development Services I officially request application LLA 05-01 for Nosej Farms, Inc. be withdrawn. 7 i - z 914 Date Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecount4.net/dds ADMINISTRATION' BUILDING " PLANNING August 29, 2013 Nosej Farms, Inc. P.O. Box 1294 Gridley, CA 95948 Re: Status of LLA 05-01 (APN 022-310-035 & 036). Nosej Farms, Inc.: Upon review of county files, your lot line adjustment application (LLA 05-01) was never officially withdrawn. I had conversations with your former surveyor, John Christofferson, and he thought the lot line adjustment was no longer needed and had been withdrawn. In order for the county to close out the project, you can either sign the enclosed withdrawal request or email me stating the applicant has been withdrawn. If you have any questions concerning this matter, please contact by email at mmichelena(&-buttecounty.net of call (530) 538-7376, Monday through Friday, 8:00 a.m. to 4:00 p.m. Sincerely, Mark Michelena Senior Planner Enc 1 1 0 Butte County Department of Development Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530)538.7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING February 1, 2005 John D. Christofferson GDA Engineering 220 Grand Avenue Oroville, CA 95965 RE: Nosej Farms, Inc. Lot Line Adjustment (LLA 05-01) Requirement for New Williamson Act Contract and Compliance with Government Code Section 51257 Dear Mr. Christofferson: The above -referenced lot line adjustment is subject to the terms and conditions of a Williamson Act Contract. The Department of Conservation requires lot line adjustments on Williamson Act Contract land to comply with the provisions of Government Code Section 51257. A summary checklist of the necessary requirements is attached to. this letter. In addition; the. requirements include entering into a new contract to reflect the resultant parcel configurations. An application for Williamson Act Contract has also been attached for this purpose. The new contract must be approved by the Board of Supervisors prior to the approval of the lot line adjustment. Thank you for your attention to this matter. Should you have any questions please do not hesitate to contact me at 538-7629. Sincerely, Mark Michelena Associate Planner cc: Nosej Farms, Inc. DEPARTMENT OF CONSERVATION r S T A T E O F C A L I F O R N I A BUTTE • • COUNTY DIVISION OF November 5, 2004 NOV - 9 2004 LAND RESOURCE Mr. Dan Breedon DEVELOPMENT PROTECTION Department of Development Services SERVICES :O:KMSTREET Butte County 7 County Center Drive SACRAMENTO Orovil le, CA 95965 CALIFORNIA 958 14 RE: Lot Line Adjustment—Nose] Farms Inc., LLA 05091 P H O N E ANN 025-230-103 916/324-0850 Dear Mr. Breedon: FAX 916/327-3430 TDO Thank you for contacting the Department of Conservation (Department) 916/324-2555 regarding a proposed lot line adjustment on land enforceably restricted by INTERNET Williamson Act contract in Butte County (County). The lot line adjustment is consrv.ca.gov proposed on two parcels (173 acres and 95 acres) under the same Land ■ Conservation Agreement. The LLA, will allow the parcels boundaries to be adjusted to follow the centerline of an' existing drainagelateral: One' of the A R N O L D °' - SC H W A R Z E N E G G E R existing parcels is substandard'"to the required 160 -acre minimum'specified GOVERNOR under the contract: !Tfie -iesultirig'parcels will be 168.6 acres and 99.4 acres in size. After reviewing the information submitted, the Department provides the following comments: Williamson Act law contains a provision to facilitate minor lot line adjustments to Williamson Act contracted parcels (Government Code section 51257). However, it is clear that the minor lot line adjustment provisions are meant only to adjust boundary lines and not to exchange entire parcels or lots, or to I;a 1..�.. n r. +.+ �.I}; Ia �yy._Iln nc,rnr�Ic c ►nr'I' �r rY1i� sV�ii la year par cels into i multiply s �:aflvr -a. ce! s. Spec-f:C f r'dings ust be made only by a board of supervisors or city council to approve a lot line adjustment. All of the following findings must be made: "(1) The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, .this finding will be satisfied if -the aggregate acreage of the'land restricted by'tf e`new contracts is•at least-a's great as the aggregate acreage `restricted by the res cinded'contracts. Mr. Dan Breedon • November 5, 2004 Page 2 of 2 (3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. (4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. (5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. (6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan." Based on the information provided, it appears that the findings could be made by the Board of Supervisors to allow the lot line adjustment and new contract. The County of Butte should determine if the resulting substandard parcel (99.5 acres) can sustain an agricultural use, or meet any income requirements established by the County. If it cannot, the County should consider initiating nonrenewal on the substandard parcel. AB 1492 AB 1492 adds Section 51250 to the Government Code. Section 51250 provides an additional and alternate remedy to a contract cancellation petition by a landowner. This remedy is in addition to any other available remedies for breach of contract (§51281 -et. seq.).. Additionally, AB 1492 amends Section 51257 by extending the Williamson Act lot line adjustment provisions to January 1, 2009. Material Breach of Contract Section 51250(b) defines a material breach on land subject to a Williamson Act contract as a commercial, industrial or residential building(s), exceeding 2,500rsquare feet that is not permissible under the Williamson Act or contract, local uniform rules or ordinances. AB 1492 only applies to structure(s) that have been permitted and constructed after January 1, 2004. Lot line adjustment requests must be reviewed in light of AB 1492 requirements to ensure the adjustments on contracted land do not trigger material breach provisions. I hope this response is helpful in the County's consideration of the Williamson Act lot line adjustment findings, requirements and issues. If we can be of further assistance, please contact Patricia Gatz, Associate Planner, at (916) 324-0869. Sincerely, Dennis J. O'Bryant Acting Assistant Director CA Codes (gov:51240-512 • Page 1 of 12 GOVERNMENT CODE SECTION 51240-51257 51240. Any city or county may by contract limit the use of agricultural land for the purpose of preserving such land pursuant and subject to the conditions set forth in the contract and in this chapter. A contract may provide for restrictions, terms, and conditions, including payments and fees, more restrictive than or in addition to those required by this chapter. 51241. If such a contract is made with any landowner, the city or county shall offer such a contract under similar terms to every other owner of agricultural land within the agricultural preserve in question. However, except as required by other provisions of this chapter, the provisions of this section shall not be construed as requiring that all contracts affecting land within a preserve be identical, so long as such differences as exist are related to differences in location and characteristics of the land and are pursuant to uniform rules adopted by the county�or city. 51242. No city or county may contract with respect to any land pursuant to this chapter unless the land: (a) Is devoted to agricultural use. (b) Is located within an area designated by a city or county as an agricultural preserve. 51243. Every contract shall do both of the following: (a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract. (b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right'to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract. 51243.5. (a) This section shall apply only to land that was within one mile of a city boundary when a contract was executed pursuant to this article and for which the contract was executed prior to January http://www.leginfd.ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 -CA Codes (gov:51240-5125 Page 2 of 12 1, 1991. (b) For any proposal that would result in the annexation to a city of any land that is subject to a contract under this chapter, the local agency formation commission shall determine whether the city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract. (c) In making the determination required by subdivision (b), pursuant to Section 51206, the local agency formation commission may request, and the Department of Conservation shall provide, advice and assistance in interpreting the requirements of this section. If the department has concerns .about an action proposed to be taken by a local agency formation commission pursuant to this section or Section 51243.6, the department shall advise the commission of its concerns, whether or not the commission has requested it to do so. The commission shall address the department's concerns in any hearing to consider the proposed annexation or a city's determination whether to exercise its option not to succeed to a contract, and shall specifically find that substantial evidence exists to show that the city has the present option under this section to decline to succeed to the contract. (d) A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if both of the following had occurred prior to December 8, 1971: (1) The land being annexed was within one mile of the city's boundary when the contract was executed. (2) The city had filed with the county board of supervisors a resolution protesting the execution of the contract. (e) A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if each of the following had occurred prior to January 1, 1991: (1) The land being annexed was within one mile of the city's boundary when the contract was executed. (2) The city had filed with the local agency formation commission a resolution protesting the execution of the contract. (3) The local agency formation commission had held a hearing to consider the city's protest to the contract. (4) The local agency formation commission had found that the contract would be inconsistent with the publicly desirable future use and control of the land. (5) The local agency formation commission had approved the city's protest. (f) It shall be conclusively presumed that no protest was filed by the city unless there is a record of the filing of the protest and the protest identifies the affected contract and the subject parcel. It shall be conclusively presumed that required notice was given before the execution of the contract. (g) The option of a city to not succeed to a contract shall extend only to that part of the land that was within one mile of the city's boundary when the contract was executed. (h) If the city exercises its option to not succeed to a contract, then the city shall record a certificate of contract termination with the county recorder at the same time as the executive officer of the local agency formation commission files the certificate of completion pursuant to Section 57203. The certificate of contract termination shall include a legal description of the land for which the city terminates the contract. 51243.6. The Legislature finds and declares the following: http://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 CA Codes (gov:51240-5125 Page 3 of 12 (a) The enforceability of contracts entered into pursuant to this article is necessary to permit the preferential taxation provided to the owners of land under contract, pursuant to Section 8 of Article XIII of the California Constitution. (b) The option granted to a city pursuant to Section 51243.5 to elect not to succeed to a contract may be held only by the city. (c) No contracting landowner has a reasonable expectation that a contract can be terminated immediately pursuant to this article without penalty. 51244. Each contract shall be for an initial term of no less than 10 years. Each contract shall provide that on the anniversary date of the contract or such other annual date as specified by the contract a year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245. 51244.5. Notwithstanding the provisions of Section 51244, if the initial term of the contract is for more than 10 years, the contract may provide that on the anniversary date of the contract or such other annual date as specified by the contract beginning with the anniversary date on which the contract will have an unexpired term of nine years, a year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245. 51245. If either the landowner or the city or county desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the landowner at least 90 days prior to the renewal date or by the city or county at least 60 days prior to the renewal date, the contract shall be considered renewed as provided in Section 51244 or Section 51244.5. Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. Upon request by the owner, the board or council may authorize the owner to serve a notice of nonrenewal on a portion of the land under a contract. Within 30 days of the receipt of a notice of nonrenewal from a landowner, the service of a notice of nonrenewal upon a landowner, or the withdrawal of a notice of nonrenewal, the city or county shall deliver a copy of the notice or a notice of withdrawal of nonrenewal to the Director of Conservation. No later than 20 days after a city or county receives a notice of nonrenewal from a landowner, serves a notice of nonrenewal upon a landowner, or withdraws a notice of nonrenewal, the clerk of the board or council, as the case may be, shall record with the county recorder a copy of the notice of nonrenewal or notice of withdrawal of nonrenewal. 51246. (a) If the county or city or the landowner serves notice of http://www.leginfo.ca. gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 CA Codes (gov:51240-5125 • Page 4 of 12 intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be. Within 30 days of the expiration of the contract, the county or city shall deliver a notice of expiration to the Director of Conservation. (b) No city or county shall enter into a new contract or shall renew an existing contract on or after February 28, 1977, with respect to timberland zoned as timberland production. The city or county shall serve notice of its intent not to renew the contract as provided in this section. (c) In order to meet the minimum acreage requirement of an agricultural preserve pursuant to Section 51230, land formerly within the agricultural preserve which is zoned as timberland production pursuant to Chapter 6.7 (commencing with Section 51100) may be taken into account. (d) Notwithstanding any other provision of law, commencing with the lien date for the 1977-78 fiscal year all timberland within an existing contract which has been nonrenewed as mandated by this section shall be valued according to Section 423.5 of the Revenue and Taxation Code, succeeding to and including the lien date for the 1981-82 fiscal year. Commencing with the lien date for the 1982-83 fiscal year and on each lien date thereafter, such timberland shall be valued according to Section 434.5 of the Revenue and Taxation Code. 51247. The landowner shall furnish the city or county with such information as the city or county shall require in order to enable it to determine the eligibility of the land involved. 51248. No later than 20 days after a city or county enters into a contract with a landowner pursuant to this chapter, the clerk of the board or council, as the case may be, shall record with the county recorder a copy of the contract, which shall describe the land subject thereto, together with a reference to the map showing the location of the agricultural preserve in which the property lies. From and after the time of such recordation such contract shall impart such notice thereof to all persons as is afforded by the recording laws of this state. 51248.5. Whenever any city or county is required to record any contract by this chapter, it may file a fictitious contract. Thereafter, any of the provisions of such fictitious contract may be included by reference in any contract required to be filed by this chapter. The provisions of Section 2952 of the Civil Code relating to the filing, indexing, and force and effect of fictitious mortgages shall be applicable to such fictitious contracts. 51249. Within 30 days after a form of contract is first used, the clerk of the board or council shall file with the Director of Conservation a sample copy of each form of contract and any land use restrictions applicable thereto. http://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 CA Codes (gov:51240-5125 Page 5 of 12 51250. (a) The purpose of this section is to identify certain structures that constitute material breaches of contract under this chapter and to provide an alternate remedy to a contract cancellation petition by the landowner. Accordingly, this remedy is in addition to any other available remedies for breach of contract. Except as expressly provided in this section, this section is not intended to change the existing land use decisionmaking and enforcement authority of cities and counties including the authority conferred upon them by this chapter to administer agricultural preserves and contracts. (b) For purposes of this section, a breach is material if, on a parcel under contract, both of the following conditions are met: (1) A commercial, industrial, or residential building is constructed that is not allowed by this chapter or the contract, local uniform rules or ordinances consistent with the provisions of this chapter, and that is not related to an agricultural use or compatible use. (2) The total area of all of the building or buildings likely causing the breach exceeds 2,500 square feet for either of the following: (A) All property subject to any contract or all contiguous property subject to a contract or contracts owned by the same landowner or landowners on January 1, 2004. (B) All property subject to a contract entered into after January 1, 2004, covering property not subject to a contract on January 1, 2004. For purposes of this subdivision any additional parcels not specified in the legal description that accompanied the contract, as it existed prior to January 1, 2003, including any parcel created or recognized within an existing contract by subdivision, deed, partition, or, pursuant to Section 66499.35, by certificate of compliance, shall not increase the limitation of this subdivision. (c) The department shall notify the city or county if the department discovers a possible breach. (d) The city or county shall, upon notification by the department or upon discovery by the city or county of a possible material breach, determine if there is a valid contract and if it is likely that the breach is material. In its investigation, the city or county shall endeavor to contact the landowner or his or her representative to learn the landowner's explanation of the facts and circumstances related to the possible material breach. (e) Within 10 days of determining that it is likely that a material breach exists, the city or county shall notify the landowner and the department by certified mail, return receipt requested. This notice shall include the reasons for the determination and a copy of the contract. (f) Within 60 days of receiving the notice, the landowner or his or her representative may notify the city or the county that the landowner intends to eliminate the conditions that resulted in the material breach within 60 days. If the landowner eliminates the conditions that resulted in the material breach within 60 days, the city or county shall take no further action under this section with respect to the building at issue. If the landowner notifies the city or county of the intention to eliminate the conditions but fails to do so, the city or county shall proceed with the hearing required in subdivision (g). (g) The city or county shall schedule a hearing no more than 120 days after the notice is provided to the landowner as required in subdivision (e). The city or county shall give notice of the public hearing by certified mail, return receipt requested to the landowner http://www.leginfo.ca. gov/cgi-binldisplaycode?section=gov&group=51001-52000&flle=... 11/10/2004 �'A Codes (gov:51240-5125 • Page 11 of 12 shall be approved if they are consistent with the approved plan. (b) Notwithstanding Section 51256, this section shall apply only to lands under contract located in the Counties of San Bernardino and Riverside, within the area bounded by Interstate 10 on the north, State Route 71 on the west, State Route 91 on the south, and a line two miles east of Interstate 15 on the east, and to easements within that area or within 10 miles of its exterior boundaries and within either Riverside County or San Bernardino County. For the purpose of this section, easements located within the described area may be related to contract rescissions in either county. (c) The Legislature finds and declares that, because of the unique factors applicable only to the Chino Basin, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Those unique circumstances are that the Chino agricultural preserve is undergoing transition from agricultural to nonagricultural uses and the affected areas comprise more than a single jurisdiction. Therefore, a multijurisdictional approach is necessary. 51257. (a) To facilitate a lot line adjustment, pursuant to subdivision (d) of Section 66412, and notwithstanding any other provision of this chapter, the parties may mutually agree to rescind the contract or contracts and simultaneously enter into a new . contract or contracts pursuant to this chapter, provided that the board or council finds all of the following: (1) The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. (3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. (4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. (5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. (6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan. (b) Nothing in this section shall limit the authority of the board or council to enact additional conditions or restrictions on lot line adjustments. (c) Only one new contract may be entered into pursuant to this section with respect to a given parcel, prior to January 1, 2004. (d) In the year 2008, the department's Williamson Act Status Report, prepared pursuant to Section 51207, shall include a review of the performance of this section. (e) This section shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted http://www.leginfo.ca. gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 A Codes (gov:51240-51257 Page 12 of 12 .� : 0 statute, that is enacted on or before January 1, 2009, deletes or extends that date. hq://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 ,C, A',1A 1F 0',R.N til: A- CONSERVATION. DIVISION OF LAND RESOURCE PROTECTION :0:KNSTREET SACRAMENTO CALIFORNIA 95814 PHONE 916/324-0850 FAX 916/327-3430 TDD 916/324-2555 INTERNET consrv.ca.gov ARNOtD S C H W A R Z E N E G G E R GOVERNOR DEPARTMENT OF CONSERVATION STATEOF CALIFORNIA November 5, 2004 Mr. Dan Breedon . Department of Development Services Butte County 7 County Center Drive Oroville, CA 95965 RE: Lot Line Adjustment—Nosej Farms Inc., LLA 05091 APN 025-230-103 Dear Mr. Breedon: BUTTE COUNTY NOV - 9 200§ DEVELOPMENT SERVICES Thank you for contacting the Department of Conservation (Department) regarding a proposed lot line adjustment on land enforceably restricted by Williamson Act contract in Butte County (County). The lot line adjustment is proposed on two parcels (173 acres and 95 acres) under the same Land Conservation Agreement. The LLA will allow the parcels boundaries to be adjusted to follow the centerline of an existing drainage lateral. One of the existing parcels is substandard to the required 160 -acre minimum specified under the contract. The resulting parcels will be 168.6 acres and 99.4 acres in size. After reviewing the information submitted, the Department provides the following comments: Williamson Act law contains a provision to facilitate minor lot line adjustments to Williamson Act contracted parcels (Governm_ent--Code-section-51-257); However, it is clear that the minor lot line. adjustment provisions are meant only to .adjust boundary lines and not to. exchange entire parcels or lots, or to split la ger Parcels into multiple smaller N reels. Specific. findings must be . made only by.a board of supervisors or city council to approve a lot line adj ustment,AII-of Tthe-following_findiKg- s_mustabe_made: "(1). The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. Mr. Dan Breedon 0 • November 5, 2004 Page 2 of 2 �(3) At least 90 percent of the land under the former contract or contracts remains under "the new contract or contracts. (w4)IAfter the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. ,(5) -The lot line adjustment would not compromise the long-term agricultural productivity �fithe parcel or other agricultural lands subject to a contract or contracts. ((.6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan." Based=on=the-information-provided—it-appears-that-the-findings-cou d_be_ma'de�k_e-Board of_S_uper-isors-to_alfio.w the -lot -line -adjustment- and -new_contract. The-�an=0f-�uttD shoulddetermine if_the_r_esultinq_substandardparcel-(-5-rrPcl_ran_�ct_anr-ir_,_,�+.�_�.� s AB 1492 ablished=by-the-County --If-it_cannot;-the=Co.unty e -substandard parcel. AB 1492 adds Section 51250 to the Government Code. Section 51250 provides an additional and alternate remedy to a contract cancellation petition by a landowner. This remedy is in addition to any other available remedies for breach of contract (§51281 -et. seq.). Additionally, AB 1492 amends Section 51257 by extending the Williamson Act lot line adjustment provisions to January 1, 2009. Material=Breach-oRG: tarn ct Section 51250(b) defines a material breach on land subject to a Williamson Act contract as a commercial, industrial or residential building(s), exceeding 2,500 square feet that is not permissible under the Williamson Act or contract, local.uniform rules or ordinances. AB 1492 only applies to structure(s) that have been permitted and constructed after January 1, 2004. Lot line adjustment requests must be reviewed in light of AB 1492 requirements to ensure the adjustments on contracted land do not trigger material breach provisions. I hope this response is helpful in the County's consideration of the Williamson Act lot line adjustment findings, requirements and issues. If we can be of further assistance, please contact Patricia Gatz, Associate Planner, at (916) 324-0869. Sincerely, Dennis J. O'Bryant Acting Assistant Director CA Codes (gov:51240-512# • Page 1 of 12 GOVERNMENT CODE SECTION 51240-51257 51240. Any city.or county may by contract limit the use of agricultural land for the purpose of preserving such land pursuant and subject to the conditions set forth in the contract and in this chapter. A contract may provide for restrictions, terms, and conditions, including payments and fees, more restrictive than or in addition to those required by this chapter. 51241. If such a contract is made with any landowner, the city or county shall offer such a contract under similar terms to every other owner of agricultural land within the agricultural preserve d n question. However, except as required by other provisions of this chapter, the provisions of this section shall not be construed as requiring that all contracts affecting land within a preserve be identical, so long as such differences as exist are related to differences in location and characteristics of the land and are pursuant to uniform rules adopted by the county or city. 51242. No city or county may contract with respect to any land pursuant to this chapter unless the land: (a) Is devoted to agricultural use. (b) Is located within an area designated by a city or county as an agricultural preserve. 51243. Every contract shall do both of the following: (a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract. (b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to.the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract. 51243.5. (a) This section shall apply only to land that was within one mile of a city boundary when a contract was executed pursuant to this article and for which the contract was executed prior to January http://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 CA Codes (gov:51240-512 • Page 2 of 12 1, 1991. (b) For any proposal that would result in the annexation to a city of any land that is subject to a contract under this chapter, the local agency formation commission shall determine whether the city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract. . (c) In making the determination required by subdivision (b), pursuant to Section 51206, the local agency formation commission may request, and the Department of Conservation shall provide, advice and assistance in interpreting the requirements of this section. If the department has concerns about an action proposed to be taken by a local agency formation commission pursuant to this section or Section 51243.6, the department shall advise the commission of its concerns, whether or not the commission has requested it to do so. The commission shall address the department's concerns in any hearing to consider the proposed annexation or a city's determination whether to exercise its option not to succeed to a contract, and shall specifically find that substantial evidence exists to show that the city has the present option under this section to decline to succeed to the contract. (d) A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if both of the following had occurred prior to December 8, 1971: (1) The land being annexed was within one mile of the city's boundary when the contract was executed. (2) The city had filed with the county board of supervisors a resolution protesting the execution of the contract. (e) A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if each of the following had occurred prior to January 1, 1991: (1) The land being annexed was within one mile of the city's boundary when the contract was executed. (2) The city had filed with the local agency formation commission a resolution protesting the execution of the contract. (3) The local agency formation commission had held a hearing to consider the city's protest to the contract. (4) The local agency formation commission had found that the contract would be inconsistent with the publicly desirable future use and control of the land. (5) The local agency formation commission had approved the city's protest. (f) It shall be conclusively presumed that no protest was filed by the city unless there is a record of the filing of the protest and the protest identifies the affected contract and the subject parcel. It shall be conclusively presumed that required notice was given before the execution of the contract. (g) The option of a city to not succeed to a contract shall extend only to that part of the land that was within one mile of the city's boundary when the contract was executed. (h) If the city exercises its option to not succeed to a contract, then the city shall record a certificate of contract termination with the county recorder at the same time as the executive officer of the local agency formation commission files the certificate of completion pursuant to Section 57203. The certificate of contract termination shall include a legal description of the land for which the city terminates the contract. 51243.6. The Legislature finds and declares the following: http://www.leginfo.-ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&flle=... 11/10/2004 CA Codes (gov:51240-512 • Page 3 of 12 (a) The enforceability of contracts entered into pursuant to this article is necessary to permit the preferential taxation provided to the owners of land under contract, pursuant to Section 8 of Article XIII of the California Constitution. (b) The option granted to a city pursuant to Section 51243.5 to elect not to succeed to a contract may be held only by the city. (c) No contracting landowner has a reasonable expectation that a contract can be terminated immediately pursuant tb this article without penalty. 51244. Each contract shall be for an initial term of no less than 10 years. Each contract shall provide that on the anniversary date of the contract or such other annual date as specified by the contract a year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245. 51244.5. Notwithstanding the provisions of Section 51244, if the initial term of the contract is for more than 10 years, the contract may provide that on the anniversary date of the contract or such other annual date as specified by the contract beginning with the anniversary date on which the contract will have an unexpired term of nine years, a year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245. 51245. If either the landowner or the city or county desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the landowner at least 90 days prior to the renewal date or by the city or county at least 60 days prior to the renewal date, the contract shall be considered renewed as provided in Section 51244 or Section 51244.5. Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. Upon request by the owner, the board or council may authorize the owner to serve a notice of nonrenewal on a portion of the land under a contract. Within 30 days of the receipt of a notice of nonrenewal from a landowner, the service of a notice of nonrenewal upon a landowner, or the withdrawal of a notice of nonrenewal, the city or county shall deliver a copy.of the notice or a notice of withdrawal of nonrenewal to the Director of Conservation. No later than 20 days after a city or county receives a notice of nonrenewal from a landowner, serves a notice of nonrenewal upon a landowner, or withdraws a notice of nonrenewal, the clerk of the board or council, as the case may be, shall record with the county recorder a copy of the notice of nonrenewal or notice of withdrawal of nonrenewal. 51246. (a) If the county or city or the landowner serves notice of http://www.legirifo.ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 CA Codes (gov:51240-512 Page 4 of 12 intent in any year not to renew the'contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be. Within 30 days of the expiration of the contract, the county or city shall deliver a notice of expiration to the Director of Conservation. (b) No city or county shall enter into a new contract or shall renew an existing contract on or after February 28, 1977, with respect to timberland zoned as timberland production. The city or county shall serve notice of its intent not to renew the contract as provided in this section. (c) In order to meet the minimum acreage requirement of an agricultural preserve pursuant to Section 51230, land formerly within the agricultural preserve which is zoned as timberland production pursuant to Chapter 6.7 (commencing with Section 51100) may be taken into account. (d) Notwithstanding any other provision of law, commencing with the lien date for the 1977-78 fiscal year all timberland within an existing contract which has been nonrenewed as mandated by this section shall be valued according to Section 423.5 of the Revenue and Taxation Code, succeeding to and including the lien date for the 1981-82 fiscal year. Commencing with the lien date for the 1982-83 fiscal year and on each lien date thereafter, such timberland shall be valued according to Section 434.5 of the Revenue and Taxation Code. 51247. The landowner shall furnish the city or county with such information as the city or county shall require in order to enable it to determine the eligibility of the land involved. 51248. No later than 20 days after a city or county enters into a contract with a landowner pursuant to this chapter, the clerk of the board or council, as the case may be, shall record with the county recorder a copy of the contract, which shall describe the land subject thereto, together with a reference to the map showing the location of the agricultural preserve in which the property lies.. From and after the time of such recordation such contract shall impart such notice thereof to all persons as is afforded by the recording laws of this state. 51248.5. Whenever any city or county is required to record any contract by this chapter, it may file a fictitious contract. Thereafter, any of the provisions of such fictitious contract may be included by reference in any contract required to be filed by this chapter. The provisions of Section 2952 of the Civil Code relating to the filing, indexing, and force and effect of fictitious mortgages shall be applicable to such fictitious contracts. 51249. Within 30 days after a form of contract is first used, the clerk of the board or council shall file with the Director of Conservation a sample copy of each form of contract and any land use restrictions applicable thereto. http://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 CA Codes (gov:51240-51 • Page 5 of 12 51250. (a) The purpose of this section is to identify certain structures that constitute material breaches of contract under this chapter and to provide an alternate remedy to a contract cancellation petition by the landowner. Accordingly, this remedy is in addition to any other available remedies for breach of contract. Except as expressly provided in this section, this section is not intended to change the existing land use decisionmaking and enforcement authority of cities and counties including the authority conferred upon them by this chapter to administer agricultural preserves and contracts. (b) For purposes of this section, a breach is material if, on a parcel under contract, both of the following conditions are met: (1) A commercial, industrial, or residential building is constructed that is not allowed by this chapter or the contract, local uniform rules or ordinances consistent with the provisions of this chapter, and that is not related to an agricultural use or compatible use. (2) The total area of all of the building or buildings likely causing the breach exceeds 2,500 square feet for either of the following: (A) All property subject to any contract or all contiguous property subject to a contract or contracts owned by the same landowner or landowners on January 1, 2004. (B) All property subject to a contract entered into after January 1, 2004, covering property not subject to a contract on January 1, 2004. For purposes of this subdivision any additional parcels not specified in the legal description that accompanied the contract, as it existed prior to January 1, 2003, including any parcel created or recognized within an existing contract by subdivision, deed, partition, or, pursuant to Section 66499.35, by certificate of compliance, shall not increase the limitation of this subdivision. (c) The department shall notify the city or county if the department discovers a possible breach. (d) The city or county shall, upon notification by the department or upon discovery by the city or county of a possible material breach, determine if there is a valid contract and if it is likely that the breach is material. In its investigation, the city or county shall endeavor to contact the landowner or his or her representative to learn the landowner's explanation of the facts and circumstances related to the possible material breach. (e) Within 10 days of determining that it is likely that a material breach exists, the city or county shall notify the landowner and the department by certified mail, return receipt requested. This notice shall include the reasons for the determination and a copy of the contract. (f) Within 60 days of receiving the notice, the landowner or his or her representative may notify the city or the county that the landowner intends to eliminate the conditions that resulted in the material breach within 60 days. If the landowner eliminates the conditions that resulted in the material breach within 60 days, the city or county shall take no further action under this section with respect to the building at issue. If the landowner notifies the city or county of the intention to eliminate the conditions but fails to do so, the city or county shall proceed with the hearing required in subdivision (g). (g) The city or county shall schedule a hearing no more than 120 days after the notice is provided to the landowner as required in subdivision (e). The city or county shall give notice of the public hearing by certified mail, return receipt requested to the landowner http://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 a 12/8/2004 Butte County Department of Development Services 10:40 AM Pre -bill Worksheei Nickname Nosej Farms.LLA 05-01 1 LLA 05-01 Full Name Nosej Farms, Inc. Address P. O. Box 1294 Gridley CA 95948 Business (530) 682-1966 Fax Home Other Project Type LLA - Lot Line Adjustment Deposit Status Flat Fee Planner Mark Michelena Salutation Date Employee Rate Task Markup % 7/28/2004 Roni _ 137.00 Initial Processing - Clerical Input, initial clerical processing of application. 8/10/2004 Roni 137.00 Initial Processing - Clerical Input, initial clerical processing of application. 8/12/2004 Roni 137.00 Notification - Clerical Notification activities related to applicants. 8/17/2004 Roni 137.00 Notification - Clerical Notification activities related to applicants. 9/22/2004 Dan 137.00 Meeting - Planner Time spent in meetings (Not incl. Public Hearings). 9/22/2004 Mark 137.00 Meeting - Planner IDR 9/22/2004 Dan 137.00 Meeting - Planner Time spent in meetings (Not incl. Public Hearings). 9/23/2004 Mark 137.00 Correspondence - Planner Letters generated by planner regarding the project or application. 9/24/2004 Dan 137.00 Correspondence - Planner Letters generated by planner regarding the project or application. Hours DNB Time 0.13 0.13 0.58 0.58 0.50 0.50 0.23 0.23 0.50 0.50 0.25 0.25 0.50 0.50 0.10 0.10 0.50 0.50 Amount Total DNB Amt 18.27 No Charge 18.27 80.11. No Charge 80.11 68.50 Do Not Bill 68.50 31.40 No Charge 31.40 68.50 No Charge 68.50 34.25 No. Charge 34.25 68.50 No Charge 68.50 13.21 No Charge 13.21 68.50 No Charge 68.50 . 12/8/2004 Butte County Department of Development Services 10:40 AM Pre -bill Worksheet Page 2 Nosej Farms.LLA 05-01:Nosej Farms, Inc. (continued) Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 11/4/2004 Cheryl 137.00 0.07 9.13 No Charge Administrative -Clerical 0.07 9.13 Time spent on billing and other administrative tasks not related to processing . 11/10/2004 Dan 137.00 1.00 137.00 No Charge Report Wor Project Analysis 1.00 137.00 Reports and/or project analysis related to the application. 11/10/2004 Mark 137.00 0.42 57.08 No Charge Meeting - Planner 0.42 57.08 Discussions with Dan Breeden regarding the Issues with DOC and LCA 11/10/2004 Mark 137.00 0.44 59.90 No Charge Report Wor Project Analysis 0.44 59.90 Reports and/or project analysis related to the application. . 11/12/2004 Mark 137.00 1.48 203.06 No Charge Report Wor Project Analysis 1.48 203.06 Reports and/or project analysis related to the application. 11/15/2004 Mark 137.00 0,65 89.20 No Charge Correspondence - Planner 0.65 89.20 Letters generated by, planner regarding the project or application. 11/16/2004 Maris 137.00 0.13 17.51 No Charge Report Wor Project Analysis 0.13 17.51 Reports and/or project analysis related to the application. 12/2/2004 Mark 137.00 0.34 46.54 No Charge Correspondence - Planner 0.34 46.54 Letters generated by planner regarding the project or application. TOTAL Billable Fees 0.00 $0.00 Do Not Bill 0.50 $68.50 No Charge 7.32 $1,002.16 Date Employee Price Quantity Amount Total Expense Markup % 8/18/2004 PUBLISH 36.00 1.000 36.00 Billable Publishing Expense Publish in Newspaper Gridley Herald 8/18/04 F05-033 12/8/2004 Butte County Department of Development Services 10:40 AM Pre -bill Worksheet Page 3 Nosej Farms.LLA 05-01:Nosej Farms, Inc. (continued) Amount Total TOTAL Billable Costs $36.00 Amount Total Total of Fees (Time Charges) $0.00 Total of Costs (Expense Charges) $36.00 Total new charges $36.00 Accounts Receivables Date Type Description 7/27/2004 INV Invoice -Flat Fee Project $555.00 7/27/2004 PAY Payment ($555.00) Receipt #406999 12/2/2004 PAY Payment for publishing fees ($36.00) Receipt 418653, Check 8513945 Total Accounts Receivable ($36.00) Total New Balance $0.00 Friday c6mber 03, 2004- DeVe c 'PLAN Counter Person Diane Payment Date 12/2/2004 418710 Receipt Number Received From Nosej Farms Applicant same Application Number LLA 05-01 or In Reference Parcel Numb 022-310-035, 036 Check Number I Cash 5967 1.61114"R 0 1. 36.00 C tA 6 a Q P, rd s f211S-11,�* RX;'-iff $36.00 WE .41 -Pmeht-S'eNi6bs*' NlNaDIVISION - Ver. c1.0 DDS Planning (General Fund) Public Works (Land Development) Environmental Health CDF (Fire Department) NOD I NOE (Recording Fee) Aunt Minnie $1, 500 or $2,000 Planning Re Fish/Game ALUC (Airport Land iNon Sufficient Funds ($25.00 Fee) iCell Tower tit9500nni Public Sales Copies Other: $0.00 $0.00 $0.00 $0.00 $36.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 is • COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND -TREASURER'S RECEIPT DROVILLE, CA - ATR NO • 0$144 RECEIVED, FRD?,I PLANNING BAG : 328 DATE 17 12004 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE.. CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 1213 RECEIPTS: 418708-418715 PLANNING APPL FEES. GENL 0010. 4=40MI 421 10100i aw.w Project Number � Amount of Fee. �t APP-41 0 1-23u-urCl ki QUircJ AUM 0c -L3 $.F.'ti.�tJ - APN 056-320-008 R MARCUM ADM 9r11 $50.00 APN 031-190-030,031 SKYCREST ENT S MAYFIELD MER 0`} 03 $780.00 LAND DEVELDPhlENT .. GENL 0-0101 44=4 4611700 101001 375-M Pmject Dumber Amount of Fee AFN4 031-i 90-030,081 SKYCREST EDIT S MAYFIELD MER 05 03 $379.00 iENVIRMZMENITAL HLTH GENL W10 54MM 4714901 10iAplo1 286.00 PrDiect Number -ER Amount of Fee APN 031-190-030,031 SKYCREST ENT S HAYFIELD FA G5.03 $286'.00 FIRE PLNQ APPL FEE FIRE PROTECT 0I100 ;. 4517240 101001 54.00 Project Number Amount of Fee Arta 031-190-030,031 SKYCREST ENT S MAYFIELD MER 05-03 ' $54.00 fi ggn!DE CLERK'S FILING FE GENLr 0010 47=1 4612319 100001 36.00 (M) Project Number Amount o9 Fee _ FAPN 022%310-035,036 NOSEJ FARMS LLA 05-01 $36.00 % DO UC MENTiCOP`l SALES _ GEM= ` - - 0130103 ._ 4400091• . 4711910- { - 10 im 65.010 FOR 1212 TOTAL S 1,700.00 APPROVED BY: RECEWED BY: AUDITOR—CONTROLLER TREASURER By:( �i. � v By: white=traa carer pink -addit=or '-canary--depositor golden rod= ile Butte County Department ofDevelopment Services Administration - AR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Lot Line Adjustment Applicant: Nosej Farms, Inc. P.O. Box 1294 Gridley, CA 95948 File: LLA 05-01 APN:.022-310-035, -036 Date: November 4. 2004 4 1"N•V0I`C.E ILA 05=01 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. t, The following payment has been applied to your application: Flat Fee Paid July 27, 2004 Receipt: 406999 Total Payment 1 141.00 DEVELOP. SERVICES - Planning Flat Fee Paid $ PUBLISHING FEE DUE Gridley Herald - 8/18/04 Til 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. checks payable to: Butte County Treasurer and send it to us at the above address. J you have any questions, please call Accounts Receivable from 8:00 a.m. to 4 p.m., Monday through Friday. rAMOUNT-DUE AND PAYABLE''.. - $36.00 t e. NOVEMBER 18 2004' K:\FISCAL ADMIN\BILLINGS 8 REFUNDS\SENT BILLINGS\Nosej Farms LLA 05-01 110404.xls • COUNTY OF BUTTE OROVILLE, CALIFORNIA S U P Gridley Herald P P.O. Box 68 L Gridley, CA 95948 I E R FIELD PURCHASE ORDER NUMBER F 05-033 Issued By Department DEVELOPMENT SERVICES PLANNING DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W. 0. # 8/13/04 NOTICE TO THE PUBLIC 440-001-537 PLEASE FURNISH TWO COPIES OF THE AFFIDAVIT OF PUBLICATION BUTTE COUNTY PLANNING DIVISION ATTENTION - Roni Thornton 7 COUNTY CENTER DRIVE OROVILLE, CA 95965 TO BE PUBLISHED IN THE Gridley Herald ON August 18 2004 Nosej Farms, Inc., Application -for Lot - Line Adiustment APNs 022-310-035 and 022-310-036 TOTAL 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 autho ' are hereby contracted for and that there is a Budget Appropriation for the same. � C�- F ®5-033 Dat d: Department Head or Authorized Deputy SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invioce. Retain GOLDENROD Page 1 Amount Total DNB Amt 18.27 No Charge 18.27 80.11 No Charge 80.11 68.50 Do Not Bill 68.50 31.40 No Charge 31.40 68.50 No Charge 68.50 34.25 No Charge 34.25 68.50 No Charge 68.50 13.21 No Charge 13.21 68.50 No Charge 68.50 . . 11/4/2004 Butte County Department of Development Services 11:59 AM Pre=bill Worksheet ' Nickname Nosej Farms.LLA 05-01 1 LLA 05-01 Full Name Nosej Farms, Inc. Address P. O. Box 1294 Gridley CA 95948 Business (530) 682-1966 Fax Home Other Project Type LLA - Lot Line Adjustment Deposit Status Flat Fee Planner Mark Michelena Salutation Date Employee Rate Hours Task Markup % DNB Time 7/28/2004 Roni 137.00 0.13 Initial Processing - Clerical 0.13 Input, initial clerical processing of application. 8/10/2004 Roni 137.00 0.58 InitialProcessing - Clerical 0.58 Input, initial clerical processing of application. 8/12/2004 Roni 137.00 0.50 Notification - Clerical 0.50 Notification activities related to applicants. 8/17/2004 Roni 137.00 0.23 Notification - Clerical 0.23 Notification activities related to applicants. 9/22/2004 Dan 137.00 0.50 Meeting - Planner 0.50 - Time spent in meetings (Not incl. Public Hearings). 9/22/2004 Mark 137.00 0.25 Meeting - Planner 0.25 IDR 9/22/2004 Dan 137.00 0.50 Meeting - Planner 0.50 Time spent in meetings (Not incl. Public Hearings). 9/23/2004 Mark 137.00 0.10 Correspondence - Planner 0.10 Letters generated by planner regarding the project or application. 9/24/2004 Dan 137.00 0.50 Correspondence - Planner 0.50 Letters generated by planner regarding the project or application. Page 1 Amount Total DNB Amt 18.27 No Charge 18.27 80.11 No Charge 80.11 68.50 Do Not Bill 68.50 31.40 No Charge 31.40 68.50 No Charge 68.50 34.25 No Charge 34.25 68.50 No Charge 68.50 13.21 No Charge 13.21 68.50 No Charge 68.50 • r 11/4/2004 Butte County Department of Development Services r� 11:59 AM Pre -bill Worksheet Page 2 ' Nosej Farms.LLA 05-01:Nosej Farms, Inc. (continued) ' Date Employee Rate Hours Amount Total Task Markup % DNB Time DNB Amt 11/4/2004 Cheryl 137.00 0.07 9.13 No Charge Administrative -Clerical 0.07 9.13 Time spent on billing and other administrative tasks not related to processing . TOTAL Billable Fees 0.00 $0.00 Do Not Bill 0.50 $68.50 No Charge 2.86 $391.87 Date Employee Price Expense Markup % 8/18/2004 PUBLISH 36.00 Publishing Expense Publish in Newspaper Gridley Herald 8/18/04 F05-033 TOTAL Billable Costs Total of Fees (Time Charges) Total of Costs (Expense Charges) Total new charges Accounts Receivables Date Type Description 7/27/2004 INV Invoice -Flat Fee Project 7/27/2004 PAY Payment Receipt #406999 Total Accounts Receivable Total New Balance l Quantity Amount Total 1.000 36.00 Billable $36.00 Amount Total $0.00 $36.00 $555.00 ($555.00) !$0.00 $36.00 t i' Butte County Department of Development Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538.7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING December 2, 2004 John D. Christopherson GDA Engineering, Surveying, Planning 220 Grand Avenue Oroville, CA 95965 Re: Nosej Farms Inc., Lot Line Adjustment, LLA 05-01 APN 022-310-035 & 022-310-036 Dear Mr. Christopherson, Per our conversation on 12/2/04, I'm sending the conditions for this Lot Line Adjustment. The conditions are draft and might be modified per review by the Planning Manager. CONDITIONS OF APPROVAL: 1. Prior to recordation, the parties involved shall rescind the current Land Conservation Agreement and enter into a new Land Conservation Agreement. 2. The new Land Conservation Agreement shall require an eighty (80) acre minimum parcel size. 3. New lot or parcel lines shall comply with setback requirements of applicable zoning and building ordinances. 4. Deeds and plats (if required) shall be submitted to the Department of Public Works, Land Development Division for checking and approval prior to recordation and shall contain the notes specified below. 5. Provide documentation from a title company of the applicant's choice verifying any deed of trust affected has been partially re -conveyed or modified to reflect the lot line adjustment and to prevent the creation of any additional lot or parcel. 6. Prior to recordation of deeds, provide documentation verifying payment of taxes ' as required by Subsection (b) of Section 20-95 of the Butte County Code and as specified in Article 8 of Chapter 4 of Division 2 of Title 7 of the Government Code, commencing with section 66492. Deed Note (To be placed on any deed to effect lot line adjustment) The purpose of this deed is to effect a lot line adjustment as approved by the Butte County Director of Public Works on The above described lands are to be combined with and become a part of those lands as described in the deed to as filed for record in Butte County Official Records at Serial Number Book Page No additional lots or parcels are, created hereby. The scope of review of said lot line adjustment was limited as specified in Government Code Section 66412(d), and approval of it does not constitute assurance that future applications for building permits or other land use entitlements on the modified lots or parcels will be approved by the County of Butte. Plat Note (To be placed on any required Plat) This plat does not constitute a legal description of the lots or parcels depicted and does not show all easements of record on or affecting said lots or parcels. Please contact me at (530) 538-7376 if you have any questions. Sincerely, ark Michelena Associate Planner BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 To: John D. Christopherson . From: Mark Michelena GDA Engineering Fax:, (530) 533-3551 Pages: 3 Phone: (530) 533-2068 Date: 12/2/2004 Re: Nosej LLA — Draft Conditions CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Butte County Depluer tment of Development Servic` YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION *BUILDING * GIS * PLANNING November 15, 2004 John D. Christopherson GDA Engineering, Surveying, Planning 220 Grand Avenue Oroville, CA 95965 Re: Nosej Farms Inc., Lot Line Adjustment, LLA 05-01 APN 022-310-035 & 022-310-036 Dear Mr. Christopherson, Per our conversation on 11/15/04, I'm sending this letter to you to let you know that the submitted Lot Line Adjustment for Nosej Farms Inc. was reviewed by the California Department of Conservation and it has been determined per California Government Code 51257 that the existing Land Conservation Agreement on the two parcels will need to be rescinded. At the same time they may simultaneously enter into a new contract. This will require the submitted Lot Line Adjustment to be taken before the Board of Supervisors for their approval. A draft report is being prepared and will be reviewed by the appropriate individuals prior to scheduling the hearing. I have enclosed correspondence between Butte County Department of Development Services Planning Division and the Department of Conservation, along with other information. Please contact me at (530) 538-7376 if you have any questions. Sincerely, . I Mark Michelena Associate Planner cc: Nosej Farms Inc. Enc. Butte CountyDepartmentofDevelopmentServices YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING September 23, 2004 Ms. Patricia Gatz California Department of Conservation Division of Land Resource Protection 801 K Street, MS 18-01 Sacramento, CA 95814-3528 RE: Lot Line Adjustment — Nosej Farms Inc, LLA 05-01 APN 025-230-103 Dear Patricia: The Butte County Department of Development Services Planning Division has received an application for a Lot Line Adjustment between two properties under a Land Conservation. Agreement. The current parcels are 173 acres and 95 acres. The contract lists a minimum requirement of 160 acres. The resultant parcels will be 168.6 acres and 99.4 acres. The question we have is the interpretation of Government Code Section 51257, Minor Lot Line Adjustments. Both parcels are under the same Land Conservation Agreement and have different owners. The LLA will allow the parcels boundary to be adjusted to follow the centerline of an existing drainage lateral. One of the existing parcels is substandard to the required 160 acre minimum specified under the contract. The 95 acre parcel will be increasing in size, and the 173 acre parcel will not be falling below the required 160 acre minimum parcel size. I have enclosed information that will help you better review the project. It should be noted that substandard parcels were allowed to be under a Williamson Act Contract at the time this contract was executed, provided the entire contracted acreage exceeded 160 acres, which it does. These parcels were subsequently sold separately to individual owners. The County no longer allows substandard parcels to be placed under contract. The County requests the Department of Conservation's comments regarding this proposal. Please contact me at (530) 538-7629 to discuss these issues. Sincere</ 1� . afi reedon Principal Planner • • BUTTE COUNTY Minor Lot Line. Adjustments SEP 2 200 Government Code section 51257 provides a voluntary process to facilitate a lot lineSERVICEs adjustment when land is enrolled in a Williamson Act (WA) contract. The parties may mutually agree to rescind the contract and simultaneously enter.into a new contract. A board of supervisors or city council must make specific findings before the adjustment can be completed. Why is this provision necessary; doesn't the Williamson Act allow lot line adjustments? Prior to enactment of section 51257, in order to allow a lot line adjustment between contracted lands and other contracted, or noncontracted lands, the landowner of the contracted land would have to apply for cancellation. If contract cancellation was approved, the landowner had to pay a cancellation fee. Section 51257 provides a process that allows minor adjustments to contracted_ parcels without triggering_ cancellation only if a board or council can make specified findings. What is the purpose of the Williamson Act lot line adjustment provisions? The purpose of Section 51257 is to facilitate. minor .adjustments _to parcel boundaries which will improve the agricultural use or management of the land. For example: (1) re- survey of the land may show that a property line was incorrectly established and, for the sake of an accurate legal description, needs to be adjusted, (2) winter storms cause a stream to change its channel, isolating properties under single ownerships, and (3) land is exchanged between adjacent property owners to allow for improved access to one or _ both properties. What all of these examples have in common is an improvement to the use of the land for its existing purposes, and that they all, involveminoramounts, of :land. However, section 51257 is not to be used to facilitate lot splits for non-agricultural development of contracted agricultural lands. What are the findings which must be made by a local entity to approve Williamson Act lot line adjustments? The findings are defined in section 51257. A board or council must makeall of the following findings: a. The term of the new contract will restrict the adjusted boundaries of the parcel for at least the unexpired term of the former contract, but no less than 10 years; b. There will be no, net decrease. in the amount of restricted acreage following the adjustment. If the.two parcels to be adjusted are both subject to Williamson Act contracts, this finding will be satisfied if the aggregate acreage of the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts; c.: No more _than 10%.,of the. original_contract's acreagg.will be removed as a result o the adjustment. Conversely, at least 90% of the new contract must be land which was restricted by the original contract; 17 Relevant Code Sections Government Code Section 66412 (Lot line adjustment defined) Government Code section 66412 defines a lot line adjustment as "[an] adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a, greater .num_ ber.,-of parcels,than_originally.... existed is not thereby_ created." ..-..4 Government Code. Section 51257 (Minor Lot Line Adjustments) 51257. (a) To facilitate a lot line adjustment, pursuant to subdivision (d) of Section 66412, and notwithstanding any other provision of this chapter, the parties may mutually agree to rescind the contract or contracts and simultaneously enter into a new contract or contracts pursuant to this chapter, provided that the board or council finds all of the following: (1) The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. (3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. - - (4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. (5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. (6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan. (b) Nothing in this section shall limit the authority of the board or council to enact additional conditions or restrictions on lot line adjustments. (c) Only one new contract may be entered into pursuant to this section with respect to a given parcel, prior to January 1, 2003. (d) In the year 2002, the department's Williamson Act Status Report, prepared pursuant to Section 51207, shall. include a review of the performance of this section. (e) This section shall remain in effect only until January 1, 2003, and as of that date is repealed, unless a later enacted statute, that is enacted on or before January 1, . 2003, deletes or extends that date. av_r�ce�= -=, 1` July 2000 19 0 0 WORKSHEET FOR A WILLIAMSON ACT CONTRACT LOT LINE ADJUSTMENT In order to determine that a lot line adjustment can be allowed, the following findings must be made only by a board of supervisors or a city council: 1. The new contract, or contrcts, will enforceably restrict the adjusted YES NO boundaries of the parcels for an initial term as long as the unexpired term of the contract being rescinded, but for not less than ten years. 2. There will be no net decrease in the amount of acreage restricted. (If two parcels involved in a lot line adjustment are both subject to Williamson Act contracts, this finding will be satisfied if the aggregate acreage restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.) At least 90 percent of the land under the former contract remains under the new contract or contracts. 4. After the lot line adjustment, the parcels of land subject to a Williamson Act contract will be large enough to sustain agricultural use, as that term is used in Government Code Section 51222. 5. The lot line adjustment will not compromise the long-term agricultural productivity of the parcel or of other contracted agricultural lands. 6. The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. 7. A greater number of developable parcels than existed prior to the lot line adjustment will not occur. The lot line adjustment will not result in an adjusted lot that is inconsistent with the general plan. (a) A board or council may enact additional conditions or restrictions on lot line adjustments. (b) Only one new contract may be entered into pursuant to a lot line adjustment for a given parcel prior to January 1, 2004. Nov -04 d DIVISION OF LAND RESOURCE PROTECTION :0:KNSTREET SACRAMENTO CALIFORNIA 95814 PHONE 916/324-0850 FAX 916/327-3430 TDD 916/324-2555 INTERNET consrv.ca.gov ■ e ■ ARNOLD SCHWARZENEGGER GOVERNOR DEPARTMENT OF CONSERVATION STATE OF CALIFORNIA November 5, 2004 Mr. Dan Breedon Department of Development Services Butte County 7 County Center Drive Oroville, CA 95965 RE:Lot Line Adjustment—Nose] Farms Inc., LLA 05091 APN 025-n230-103 Dear Mr. Breedon: BUTTE COUNTY Nov o 9 20M DEV 'FLOP ENT SERVICES Thank you for contacting the Department of Conservation (Department), regarding a proposed lot line adjustment on land enforceably restricted by Williamson Act contract in Butte County (County). The lot line adjustment is proposed on two parcels (173 acres and 95 acres) under the same Land Conservation Agreement. The LLA will allow the parcels boundaries to be adjusted to follow the centerline of an existing drainage lateral. One of the existing parcels is substandard to the required 160 -acre minimum specified under the contract. The resulting parcels will be 168.6 acres and 99.4 acres in size. After reviewing the information submitted, the Department provides the following comments: Williamson Act law contains a provision to facilitate minor lot line adjustments to Williamson Act contracted parcels (Government Code section 51257). However, it is clear that the minor lot line adjustment provisions are meant only to .adjust boundary lines and not to. exchange entire parcels or lots, or to split la gar parcels into multiple srnal!er rarce!s. Specific.findings must be made only by aboard of supervisors or city council to approve a lot line adjustment. All of the following findings must be made: "(1). The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. Mr. Dan Breedon November 5, 2004 Page 2 of 2 (3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. (4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. (5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. (6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan." Based on the information provided, it appears that the findings could be made by the Board of Supervisors to allow the lot line adjustment and new contract. The County of Butte .. should determine if the resulting substandard parcel (99.5 acres) can sustain an agricultural use, or meet any income requirements established by the County. If it cannot, the County should consider initiating nonrenewal on the substandard parcel. AB 1492 AB 1492 adds Section 51250 to the Government Code. Section 51250 provides an additional and alternate remedy to a contract cancellation petition by a landowner. This remedy is in addition to any other available remedies for breach of contract (§51281 -et. seq.). Additionally, AB 1492 amends Section 51257 by extending the Williamson Act lot line adjustment provisions to January 1, 2009. Material Breach of Contract Section 51250(b) defines a material breach on land subject to a Williamson Act contract as a commercial, industrial or residential building(s), exceeding 2,500 square feet that is not permissible under the Williamson Act or contract, local uniform rules or ordinances. AB 1492 only applies to structure(s) that have been permitted and constructed after January 1, 2004. Lot Fine adjustment requests must be reviewed in light'of AB 1492 requirements to ensure the adjustments on contracted land do not trigger material breach provisions. I hope this response is helpful in the County's consideration of the Williamson Act lot line adjustment findings, requirements and issues. If we can be of further assistance, please contact Patricia Gatz, Associate Planner, at (916) 324-0869. Sincerely, Dennis J. O'Bryant Acting Assistant Director CA Codes (gov:51240-5125 is Page 11 of 12 shall be approved if they are consistent with the approved plan. (b) Notwithstanding Section 51256, this section shall apply only to lands under contract located in the Counties of San Bernardino and Riverside, within the area bounded by Interstate 10 on the north, State Route 71 on the west, State Route 91 on the south, and a line two miles east of Interstate 15 on the east, and to easements within that area or within 10 miles of its exterior boundaries and within either Riverside County or San Bernardino County. For the purpose of this section, easements located within the described area may be related to contract rescissions in either county. (c) The Legislature finds and declares that, because of the unique factors applicable only to the Chino Basin, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Those unique circumstances are that the Chino agricultural preserve is undergoing transition from agricultural to nonagricultural uses and the affected areas comprise more than a single jurisdiction. Therefore, a multijurisdictional approach is necessary. 51257. (a) To facilitate a lot line adjustment, pursuant to subdivision (d) of Section 66412, and notwithstanding any other provision of this chapter, the parties may mutually agree to rescind the contract or contracts and simultaneously enter into a new contract or contracts pursuant to this chapter, provided that the board or council finds all of the following: (1) The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. (3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. (4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. (5) The lot line.adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. (6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan. (b) Nothing in this section shall limit the authority of the board or council to enact additional conditions or restrictions on lot line adjustments. (c) Only one new contract may be entered into pursuant to this section with respect to a given parcel, prior to January 1, 2004. (d) In the year 2008, the department's Williamson Act Status Report, prepared pursuant to Section 51207, shall include a review of the performance of this section. . (e) This section shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted httD://www.leizinfo.ca. jzov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 ^A Codes (gov:51240-51257 • Page 12 of 12 statute, that is enacted on or before January 1, 2009, deletes or extends that date. http://www.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=51001-52000&file=... 11/10/2004 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE ESTABLISHING THE PURPOSE, LEAD COUNTY DEPARTMENT, ADMINISTRATIVE PROCEDURES AND UNIFORM RULES INCLUDING COMPATIBLE USES FOR AGRICULTURAL PRESERVES WHEREAS, the Board of Supervisors of the County of Butte, State of California, on December 5, 1967, has established the agricultural preserves pursuant to the Land Conservation Act of 1965; and WHEREAS, the Land Conservation Act of 1965 requires that uniform rules be established including compatible uses; and WHEREAS, it is the desire of the Board of Supervisors to establish administrative procedures for the processing of contracts and agreements. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors establish the following purposes for use of the Williamson Act in Butte County: 1. To conserve land for viable agricultural production and open space; and 2. To create incentives for additional agricultural landowners to participate in and enjoy the benefits of the Williamson Act program; and 3. To minimize residential conflicts in agricultural preserve areas. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Butte County Board of Supervisors the designation of the lead County department shall be as follows: The Butte County Department of Development Services, Planning Division, shall be the lead County department for all inclusions or withdrawals from the Williamson Act. 2. All applications must be submitted and be filed with'the Clerk of the Board of Supervisors on or before September 15 of each year in order that the agreement will become effective during the following year. Applications shall be submitted upon the forms to be supplied by the Planning Division of the Department of Development Services, and must be completed in detail. The provisions of this resolution will only apply to inclusions and contract modifications after the effective date of this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Butte, State of California, do hereby establish the administrative procedures and uniform rules, including compatible uses to be as follows: A. The Butte County Land Conservation Act Advisory Committee shall consist of the following members: 1. Farm Advisor or designee. 2. Agricultural Commissioner or designee. 3. County Assessor or designee. 4. Development Services Director or designee. 5. A member designated by the Butte County Farm Bureau (at -large). 6. A member designated by the Butte County Farm Bureau Land Use Committee. 7. A member designated by the Butte County Cattlemen's Association. B. That it shall be the duty of said committee to: 1. Review all applications for Land Conservation Agreements and all requests for cancellation. 2. Make recommendations to the Board of Supervisors on whether or not a Land Conservation Agreement may be made, rejected or canceled. 3. Make recommendations regarding County initiated non -renewals of existing agreements. 4. Make recommendations regarding amendments to these procedures and rules. 5. Make recommendations to the approving authority on proposed conditionally compatible projects as set forth in Section E.3. C. The basis for approval of a contract or an agreement with the applicant shall be as follows: I . That the applicant's land is used for the "intensive production of food and fiber" which is necessary to maintain the agricultural economy. For purposes of these procedures and rules, "intensive production of food and fiber" shall mean a system of farming which aims to increase crop yields utilizing normal cultural practices familiar to the area. 2. That the subject property is used to support the agricultural economy and its continued use as such does have a public value. 2 • That important open space lands be preserved. D. The minimum area for each application is based on the type of agricultural activity as follows: Acreage Standards* Column I Column 2 Type of Activity Incoming Contract Minimum Acres Building & selling minimum acres Orchards (vineyards, kiwi, fruit and nut crops) 20 40 Field Crops 80 80 Irrigated Pasture/Rice land 80 80 Wetlands/Prime Hunting 80 80 Dry Land Grazing 160 320 Open Space** 80 160 *Must also meet or exceed minimum lot sizes established by the base zoning district. **Wildlife habitat, sensitive biological communities, scenic highway, etc. 2. The aforementioned acreage limitations shall apply to the use of the subject lands on the date of signing the Land Conservation Agreement. After the signing of the Land Conservation Agreement the type of crop or agricultural use may be changed at the sole discretion of the land owner, but subject to the permitted uses described in Sections E and F herein. Parcels created for purposes of transfer to immediate family members may meet the minimum lot size for incoming lands (Column 1), provided that a Joint Management Plan pursuant to Section 51230.1 of the Government Code, is executed. E. The following uses are hereby determined to be compatible uses on all contracted lands; and all other uses are prohibited.: L Permitted Uses: a. One single family residence for each legal parcel within the contracted lands pursuant to minimum acreage standards in Column 2, except for family members which may be pursuant to Column 1 of the table in Section D-1. b. General farming,. horticulture, commercial livestock production, commercial poultry production, and similar activities. C. Open space for: 1. Wildlife & biotic habitat. 2. Scenic values. 3. Scenic highways and byways. d. Any other use determined by the Board of Supervisors to be a compatible use in all agricultural preserves. e. Housing facilities (including trailers) to accommodate only agricultural employees and their families who are employed by the owner or operator to work on their contracted lands. f. The drilling for hydrocarbon, including the installation and use of such equipment, structures, and facilities as are necessary or convenient. 2. Accessory Uses: a. Warehousing and storage of agricultural products. b. Accessory .buildings and uses pertinent to the permitted uses including agricultural processing plants. C. A stand or a display for sale of agricultural commodities produced on the premises including the incidental sale of agricultural products produced off- site. d. Water storage reservoirs and irrigation areas. e. Hunting and hunting clubs. f Private airport or aircraft landing facilities. g. Public Utility services. 3. Conditional Uses: a. Public and Quasi -Public uses, including structures and buildings. b.. Veterinary hospitals and/or clinics. C. Sand andgravel aggregate mining, not including asphalt and concrete batch plants. d. All other mines, mineral extraction, and quarries in Agricultural Preserve Numbers 7, 8, and 9. 4 F. Smaller Existing Parcel Sizes: All parcels smaller than the contract minimum size shall be legally combined or merged to comply with, Column 1 in the table in Section D-1, concurrently with approval of the contract. G. Exceptions to minimum lot size provided in Section D. A parcel division of contracted land may occur at less than the minimum size if it is pursuant to a use permit for parcel segregation for agricultural processing and the remaining contracted lands conform to the minimum size provided in Section D.I. above. 2. Homesite Segregation: Cancellation may only be considered for an existing residence where the home has been in existence for at least 5 years and the land has been owned for at least 10 years by the owner (Government Code Section 66474.4 (b)(2)) and if a permanent restriction prohibiting residential development.is recorded on the balance of the land. Said residence must be divided from the balance of the contract lands through a boundary line modification, lot merger, or tentative parcel map provided that the minimum lot size of the base zoning district is maintained. 3. Minor deviations from the specified contract acreage minimum in Column 1 of the table in Section D-1, may be allowed subject to review by the Land Conservation Act Committee and approval by the Board of Supervisors. H. Length of Contract: The minimum contract length shall be 10 years. The initial contract term shall be renewed annually, unless a notice of non -renewal is filed. I. Immediate Cancellation: 1. Immediate cancellation may occur if the requirements and findings of Government Code Section 51282 are satisfied. 2. Cancellation ofaportion of the contract must meetthe minimum acreage size specified in the table in Section D-1. 3. A 25 percent -cancellation fee is required for lands that are immediately canceled; one- half payable to the State pursuant to government Code Section 51283, and one-half payable to the County of Butte. 4. Immediate cancellations allowing minor acreage adjustments may be permitted to reconcile building encroachments, irregular fence lines and historic uses through lot line adjustment, or for acquisition of public right-of-way, subject to review by the Land Conservation Act Committee and approval by the Board of Supervisors. Partial notice of non -renewal for lands within a Land Conservation Agreement: If only a portion of the lands within an agreement are non -renewed, they must conform to the minimum acreage requirements in Table D-1, Column 1, and the remaining contract lands must also conform to these minimum acreage requirements. K. Substitution for a portion of contract lands may occur pursuant to Govemment Code Section 51256 and 51257. L. Lands may be added to an existing Land Conservation Agreement. Any lands added must meet the minimum acreage requirements in the table in Section D or be legally combined with an existing parcel within the agreement. M. Damages: A liquidated damages provision of up to $10,000, payable to the County of Butte, shall be included in all new contracts. BE IT FURTHER RESOLVED, that Resolution No. 99-124 is hereby superseded and repealed. PASSED AND ADOPTED by the Butte County Board of Supervisors this 25th day of April 2000 by the following vote: AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan NOES: None ABSENT: None NOT VOTING: None JAN DOLAN, CHAIR Butt4 County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors K:WDMIMCMInt of the Board\RMLUTTLCArew.wpd ri Butte County DeparanentofDevelopmentSei-vices YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING September 23, 2004 Ms. Patricia Gatz California Department of Conservation Division of Land Resource Protection 801 K Street, MS 18-01 Sacramento, CA 95814-3528 RE: Lot Line Adjustment — Nosej Farms Inc, LLA 05-01 APN 025-230-103 Dear Patricia: The Butte County Department of Development Services Planning Division has received an application for a Lot Line Adjustment between two properties under a Land Conservation Agreement. The current parcels are 173 acres and 95 acres. The contract lists a minimum requirement of 160 acres. The resultant parcels will be 168.6 acres and 99.4 acres. The question we have is the interpretation of Government Code Section 51257, Minor Lot Line Adjustments. Both parcels are under the same Land Conservation Agreement and have different owners. The LLA will allow the parcels boundary to be adjusted to follow the centerline of an existing drainage lateral. One of the existing parcels is substandard to the required 160 acre minimum specified under the contract. The 95 acre parcel will be increasing in size, and the 173 acre parcel will not be falling below the required 160 acre minimum parcel size. I have enclosed information that will help you better review the project. It should be noted that substandard parcels were allowed to be under a Williamson Act Contract at the time this contract was executed, provided the entire contracted acreage exceeded 160 acres, which it does. These parcels were subsequently sold separately to individual owners. The County no longer allows substandard parcels to be placed under contract. The County requests the Department of Conservation's comments regarding this proposal. Please contact me at (530) 538-7629 to discuss these issues. Si �7cezrl afi'Breedon Principal Planner BUTTE COUNTY Minor Lot Line, Adjustments SEP 2 2 2004 DEVELOPAIEfr-j i Government Code section 51257 provides a voluntary process to facilitate a lot IineSERVICE-S adjustment when land is enrolled in a Williamson Act (WA) contract. The parties may mutually agree to rescind the contract and Simultaneously enter into.a.new contract. A board of supervisors or city council must make specific findings before the adjustment can be completed. Why is this provision necessary;. doesn't the Williamson Act allow lot line adjustments? Prior to enactment of section 51257, in order to allow a lot line adjustment between contracted lands and other contracted, or noncontracted lands, the landowner of the contracted land would have to apply for cancellation. If contract cancellation was approved, the landowner had to pay a cancellation fee. Section 51257 provides a process that allows minor adjustments to contracted parcels without trigger ngy_ cancellation, -only if a board or council can make specified findings. What is the purpose of the Williamson Act. lot. line adjustment provisions? The purpose of Section 51257 is to facilitate minor adjustments to parcel boundaries which will improve the ag[icultrraliuse or manage�ment�ofrthelland„,For example: (1) re- survey of the land may show that a property line was incorrectly established and, for the sake of an accurate legal description, needs to be adjusted, (2) winter storms cause a stream to change its channel, isolating properties under single ownerships, and (3) land is exchanged between adjacent property owners to allow for improved access to one or ________both, properties. What all 'of these examples have in common is an improvement to the use of the land for its existing purposes, and that they all involve minor amounts of land. However, section 51257 is not to be used to facilitate lot splits for non-agricultural development of contracted agricultural lands.. What are the findings which must be made by a local entity to approve Williamson Act lot line adjustments? The findings are defined in section 51257. A board or council must makeall of the following findings: . ``_ a. The term of the new contract will restrict the adjusted boundaries of the parcel for at least the unexpired term of the former contract, but no less than 10 years; b. There will be no net decre�-asein the amount of restricted acreage following the adjustment. If the two parcels to be adjusted are both subject to Williamson Act contracts, this finding will be satisfied if the aggregate acreage of the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts; ' No more than 10% of the original contract's acreage will,.be removed UIC- - as a result of - the adjustment. Conversely, at least 90% of the new contract must be land which was restricted by the original contract; 17 d. After the lot line adjustment, the land subject to contract will be large enough to sustain commercial agricultural uses; e. The long term agricultural productivity of resulting parcels, or other contracted parcels will not be compromised by the adjustment; and, f. . The adjustment will not result in the removal of adjacent land from agricultural use. g. The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan. How often can this process be used with reaard to a specific aarcel? Pursuant to section 51257, only one lot line adjustment can be executed on a given parcel between January 1, 1998 and January 1, 2003. What is to prevent abuse of this provision? The very restrictive nature of the findings set forth in Government Code section 51257(a) should prevent abuse. However, a second assurance was built into this provision by including a "sunset°'.clause, which.will_.repeal this_^section January 1�., 200; unless legislation is enacted to .delete or extend that date. The Department of Conservation is required by statute to report to the Legislature by January 1, 2002 on the operation'of the minor lot line adjustment provision. Relevant Code Sections f Government Code Section 66412 (Lot line adjustment defined) Government Code section 66412 defines a lot line adjustment as "[an] adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of.parcels_than.originally existed is not thereby created." Government Code. Section 51257 (Minor Lot Line Adjustments) 51257..(a) To facilitate a lot line adjustment, pursuant to subdivision (d) of Section 66412, and. notwithstanding any other provision of this chapter, the parties may mutually agree to rescind the contract or contracts and simultaneously enter into a new contract or contracts pursuant to this chapter, provided that the board or council finds all of the following: (1) The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels,involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. (3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. (5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. (6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan. (b) Nothing in this section shall limit the authority of the board or council to enact additional conditions or restrictions on lot line adjustments. (c) Only one new contract may be entered into pursuant to this section with respect to a given parcel, prior to January 1, 2003. ..(d) In the year 2002, the department's Williamson Act Status Report, prepared 'pursuant to Section 51207, shall. include. a review of the performance of this section. (e) This section shall remain in effect only until January 1, 2003,and as of that date is repealed, unless a later enacted statute, that is enacted on or before January 1, ` .2003,'delete8 or extends that date. ,o ,_,_z� July 2000 19 ........ .. . . .. .. ........... ............ r ............ ........ ...... .......... == - - -------- - - - i` ............................:: .. .. .. .. .. .. -------- - -- -- _: • ::_-:-_<. __ __.: ................. _:::.: :. _ ........... 022-310-035 --•••••••::•-:::: r ............... .:'::.:: :::...:.: .: _: ...............� • ...36:::.. 022-310-0 ...:.::..:::.............:.:.:.: ..................-:• :: -- .......,-- -- ... ............................ -••-...---•••••- ------------ ..-�_._ .:.......... ..:....................... ..::. --------------, = ..................................... _...._.... := ......:.:.:.,.:.._. 022-310-036 :: .. ------------ :-:::-:-:-:-:-:......::_--.. .... • ...........:.::::::........... 022-310-034 .........:................. = ::.:::.:::::.:: . :.:...._.....:::.:::::..::.::.........:.:.:.:.:...:... = = :-::.._:.._:.:.:.:.:.:.:.........................._........... . - .........._....:.:.....:......... _ ............................ • I � • i r �r Page 1 of 2 C� • Michelena, Mark From: Holland, Fred Sent: Wednesday, September 22, 2004 12:16 PM To: Breedon, Dan Cc: Christopher, Yvonne; Michelena, Mark Subject: RE: Nosej Farms, Inc. LLA 05-01, APNs 022-310-035 and 036 9-22-04 Thanks for your reply, Dan. I have sent Mark, via courier, additional information on 51257. This section allows minor adjustments to contracted parcel(s) without triggering cancellation. Indeed, there will be no net decrease in the amount of restricted acreage following the adjustment, and this finding is satisfied if the aggregate acreage of the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts but, for sure, I really think the findings under 51257 are required and applicable to this LLA. In this case, both the Nosej and Deniz properties are covered by the same contract; 2258-652. Interestingly enough, the parcels in question were pulled for DOC audit a couple weeks ago, and the auditor immediately recognized the very point you bring up about minimum acreage transfers, and contract compliance. The existing contract calls for 160 -acre minimums. In this case, the contract will be technically violated upon transfer of the adjusted acreages. I emailed Mark (attached) August 17, 2004, and outlined this problem. For the record, APN 022-310-034, split out of contracted 022-310-033 several years ago, is 38.0 acres, and sold out of compliance as a stand alone parcel in March 2000. The State was not too crazy about that, but it was explained that after escrow closes, and deeds are recorded, it's really all after the fact, and there is little beyond unilateral . non -renewal which can be done. The additional info. I couriered to Mark came out of the DOC Williamson Act Program manual (the white binder). Thanks for your review of this, Dan. Please advise. Fred Holland Supervising Appraiser -----Original Message ----- From: Breedon, Dan Sent: Wednesday, September 22, 2004 10:42 AM To: Holland, Fred; Michelena, Mark Cc: Christopher, Yvonne Subject: RE: Nosej Farms, Inc. LLA 05-01, APNs 022-310-035 and 036 My understanding of 51257 is that it applies when a landowner under contract wishes to grant some of their property to a neighbor not under LCA contract. 51257 allows this by saying that the landowner will simultaneously enter an equal amount into the contract thru the lot line ajdustment. In the case of Nosej Farms both properties are under contract. They are not removing any land from the contract under the LLA. Our review should ensure that the contract minimum is not violated and that the LLA does not somehow violate compatible uses permitted under the contract (such as number of dwellings.). The findings under 51257 are not requried in this instance because we are not dealing with non -contracted land. I reviewed the LLA and it appears to be compatible as to use and minimum parcel size. 9/22/2004 << �� • Page 2 of 2 I don't see any further problems. From: Holland, Fred Sent: Tuesday, September 21, 2004 10:25 AM To: Michelena, Mark Cc: Christopher, Yvonne; Breedon, Dan Subject: Nosej Farms, Inc. LLA 05-01, APNs 022-310-035 and 036 9-21-04 Hi Mark, Attached please find relevant govt. code section 51257, which provides for minor lot line adjustments between Williamson Act properties, if it will improve the agricultural use or management of the land, which appears to be the case with this application. The board must make specific findings, the old contract, 2258-652, recorded February 1978 must be rescinded and new contracts for both Deniz and Nosej must be simultaneously entered into. I may not make the OR meeting tomorrow. Please let me know if there are any questions. Fred Holland Supervising Appraiser 9/22/2004 51257. (a) To facilitate a lot line adjustment, pursuant to subdivision (d) of Section 66412, and notwithstanding any other provision of this chapter, the parties may mutually agree to rescind the contract or contracts and simultaneously enter into a new contract or contracts pursuant to this chapter, provided that the board or council finds all of the following: (1) The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. (3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. (4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. (5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. (6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7).The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan. (b) Nothing in this section shall limit the authority of the board or council to enact additional conditions or restrictions on lot line adjustments. (c) Only one new contract may be entered into pursuant to this section with respect to a given parcel, prior to January 1, 2004. (d) In the year 2008, the department's Williamson Act Status Report, prepared pursuant to Section 51207, shall include a review of the performance of this section. (e) This section shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted statute, that is enacted on or before January 1, 2009, deletes or extends that date. • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION LLA 05-01 TO: Stu Edell, Public Works FROM: Mark Michelena, Planner RE: Nosej Farms, Inc., Lot Line Adjustment AP 022-310-035,,-036 DATE:. August 13, 2004 BUTTE COUNTY SEP - 8 2004 DEVELOPMENT SERVICES LLA 05-01 We have received an application for the property described below. We are reviewing the application for completeness and, if complete, for conditions of approval. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given, or if you have any questions, please do not hesitate to give us a call at 538-7376. Thank you in advance for your time and efforts. This is an application for a Lot Line Adjustment, on property Zoned A-40 (Agricultural, 40 -acre parcels), General Plan designation of OFC (Orchard and Field Crops), indentified as APN(s) ,022-310-035, -036, located on the west side of Riley Road, approximately 4,500 feet north of Colusa Highway, Biggs It is within Supervisorial District No. 4. Subject to Land Conservation Agreement? yes YOUR COMMENTS, IF ANY, ARE REQUESTED NO LATER THAN August 30, 2004 IF NO COMMENTS OR COMMUNICATIONS ARE RECEIVED BY THAT DATE, THE ASSUMPTION WILL BE MADE THAT YOUR AGENCY HAS NO COMMENT. PLEASE CHECK ONE: CONFORMS TO DEPARTMENTAL REQUIRMENTS APPROVED SUBJECT TO THE CONDITIONS LISTED BELOW ❑ INCOMPLETE, PLEASE PROVIDE THE ADDITIONAL INFORMATION LISTED BELOW ❑ DENIED FOR THE REASONS LISTED BELOW COMMENTS / CONDITIONS: (Attach additional pages if necessary) /, NGr)GffrSd2 crsT ��nS Td �(f /NGCC//�G�9 /�/ //L Lr 2. 19a -4L« cz/a�a !es L'!n✓✓J �Tt �^� ► s�/�/�y�l . �=Il�L�I couivY OF 4WTE Michelena, Mark From: Smith, Laury [laury.smith@lmco.com] Sent: Monday, August 30, 2004 3:03 PM To: Michelena, Mark Subject: Comment on Application LLA 05-01 - Nosej Farms, Inc regarding parcel numbers 022-310-035 and 022-310-036 Mr. Michelena, I spoke with Mr. Baker this morning and he provided this method of.contacting you. I understand that you will not be returning to your office until September 7th so I do not expect any action on this item until some time after then. Mr Baker indicated that this message constitutes notification in writing of my comments within the deadline provided in the notice sent by your office. I -wish to go on record as providing formal comment on this date regarding this application numbered LLA 05-01. My father became the owner of parcel 022-031-018 in 1957. My brother and I have been the owners of this parcel since 1975. Throughout this period we have maintained continuous access to irrigation water from the Biggs West Gridley canal through a ditch located in the land parcels named in this application. I am concerned that, as a part of this application, Nosej Farms intends to declare private ownership,of the access ditch connecting my parcel to the Biggs -West Gridley canal. I object to any change in the status of my access to the irrigation water needed to operate my farm. I would like to reserve the right to challenge any aspect of the above application that would attempt to alter my access to that critical source of water. Please feel free to contact me for any additional information that I may be able to provide regarding this matter. My daytime phone number is 408) 742-3538. This message will provide an e-mail address that can be used to contact me. The notice that you mailed reached me at: Laury E. Smith 1015 September Dr. Cupertino, CA 95014 Thank you for bringing this matter to my attention, Laury Smith Butte County Deptment of Development Servic PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile August 12, 2004 TO: Environmental Health FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Nosej Farms, Inc, Lot Line Adjustment - LLA 05-01 APN: 022-310-035, -036 DATE OF IDR*: 08/25/04 *Inter -Departmental Review Committee IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: August 23, 2004 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: August 30, 2004 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on August 25, 2004, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: Lot Line Adjustment between two lots. The parcels are in an LCA Agreement of 160 -acre minimum PROJECT LOCATION: on the west side of Riley Road, approximately 4,500 feet north of Colusa Highway, Biggs COUNTY SUPERVISOR DISTRICT NO.: 4 ZONING: A-40 (Agricultural, 40 -acre parcels) GENERAL PLAN: OFC (Orchard & Field Crops) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an e-mail at mmichelena@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. K:\Planning\Projects\CommentRequestForm.dot i BUTTE COUNTY STANDARD CONDITIONS FOR LOT LINE ADJUSTMENT APPLICANT: Nosej Farms, Inc. DATE: July 27, 2004 AGENT: John D. Christofferson, P.L.S. PLANNING FILE #: LLA 05-01 APN: 022-310-035, -036 X 1 New lot or parcel lines shall comply with setback requirements of applicable zoning and building ordinances. X 2 Deeds and plats (if required) shall be submitted to the Department of Public Works, Land Development Division for checking and approval prior to recordation and shall contain the notes specified below. X 3 Provide documentation from a title company on the. applicant's choice verifying any deed of trust affected has been partially re -conveyed or modified to reflect the lot line adjustment and to prevent the creation of any additional lot or parcel. X 4 Prior to recordation of deeds, provide documentation verifying payment of taxes as reguired by Subsection (b) of Section 20-95 of the Butte County Code and as specified in Article 8 of Chapter 4 of Division 2 of Title 7 of the Government Code, commencing with section 66492. 5 Prepare a plat showing approved Lot Line Adjustment. 6 Record plat with deeds if one or more of original lots or parcels was created by map. If a record of survey is prepared to show the lot line adjustment, recording of a plat is not required. Deed Note (To be placed on any deed to effect lot line adjustment) The purpose of this deed is to effect a lot line adjustment as approved by the Butte County Director of Public Works on The above described lands are to be combined with and become a part of those lands as described in the deed to as filed for record in Butte County Official Records at Serial Number Book Page . No additional lots or parcels are created hereby. The scope of review of said lot line adjustment was limited as specified in Government Code Section 66412(d), and approval of it does not constitute assurance that future applications for building permits or other land use entitlements on the modified lots or parcels will be approved by the County of Butte. Plat Note (to be placed on any required Plat) This plat does not constitute a legal description of the lots or parcels depisted and does not show all easements of record on or affecting said lots or parcels. Lot Line Adjustment Standard Conditions - Butte County Department of Development Services County of Butte Yvonne Christopher PLANNING DIVISION Director 7 County Center Drive Oroville. CA 95965 (530)538-7601 FAX (530) 538-7785 NOTICE TO PUBLIC APPLICATION FOR LOT LINE ADJUSTMENT Pursuant to Butte County Code 20-95(b), Nosej Farms, Inc. submitted an application to Butte County for a Lot Line Adjustment between two lots. The parcels are in an LCA Agreement of 160 -acre minimum, identified as APNs 022-310-035 and 022-310- 036, located on the west side of Riley Road, approximately 4,500 feet north of Colusa Highway, Biggs. YOU HAVE RECEIVED THIS NOTIFICATION AS A LAND OWNER WITHIN 300 FEET OF THE PROJECT BOUNDARY. The above-mentioned application is on file and available for public viewing at the office of Butte County Department of Development Services, Planning Division, 7 County Center Drive,• Oroville, California. For information call Mark Michelena, (530) 538-7376, Monday through Friday, 8:00 a.m. to 4:00 p.m. Comments must be submitted in written form, on or before August 30, 2004. If you challenge the above application in court, you may be limited to raising only those issues you or someone else submitted in ,written form to the Department of Development Services, Planning Division, prior to August 30, 2004. Yvonne Christopher, Director Butte County Department of Development Services To be published in the Gridley Herald on August 18, 2004 T LEAD IN SHEET FILE NO: LLA 05-01 APN: 022-310-035, -036 APPLICANT: Nosej Farms, Inc P.O. Box 1294 Gridley, CA 95948 OWNER: Nosej Farms, Inc. REPRESENTATIVE: John D. Christofferson, P.L.S. REQUEST: Lot Line Adjustment between two lots. The parcels are in a LCA Agreement of 160 -acre minimum LOCATION: on the west side of Riley Road, approximately 4,500 feet north of Colusa Highway, Biggs SIZE: 95/173 acres SUPERVISORIAL DISTRICT # 4 EXISTING ZONING: A-40, (Agricultural, 40 -acre parcels) GENERAL PLAN DESIGNATION: OFC (Orchard & Field Crops) ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: APPLICABLE REGULATIONS: ASSIGNED PLANNER: Mark Michelena Date Application Received: 7/27/2004 Date Project Assigned: 8/2/2004 IDR Date: 8/25/2004 30 -Day Complete: 8/25/2004 'r s .. FILE NO: • "DRAFT" LEAD IN SHEET APPLICANT: ! v � 6-3 rAy?-�5 f N C - 0 AP# OWNER: �) 05EI FA -e2 w (tJC I J • Dpw� REPRESENTATIVE: C-1) A PROPOSED REQUEST: (to be filled out byerson taking ,fin application) -6T cm e- A f) . f aW Me-.kjT- PC L C� % ge-mi o1 pr�2e e z FINAL REQUEST: (to be filled out by project planner) A- C g -r e (WL3- 6je 14 ,rru( c w,- SIZE: 4qs-h!-; 'Af-g-j SUPERVISORIAL DISTRICT # EXISTING ZONING: A- GENERAL PLAN DESIGNATION: ASSIGNED PLANNER: /V l A1P-K - D PLANNER'S INTtIALs Date Application Received),�-i I 0 Date Pro'ect Assigned Tfzl lz.4 IDR Date j , r1- 4 30 Day Complete F('AJ 9/3 Preset Hearing Date KAP1anning\Forms\Lead In Sheet.doc County Offices and Cities: _ Chief Administrative O er X Environmental Health kAFCoj heriff Biggs Oroville Information Syste Dept. X County Counsey Irrigation District: _ Butte Water _ OWID —Table Mountain Irrigation Domestic Water _ Butte Water District OWID Sewer Butte Water District Skansen Subdivision (CSA 21) Fire Protection X California Department of Forestry Recreation Districts _ Chico Area Recreation Paradise Recreation & Park Utilities _ PG&E North - Chico PG&E South - Oroville State Agencies COMMENT DISTRIBUTION LIST X Develop. Services Directotll� X Assesov, _ BCAG Air Quality Mgmt. _ Gridley _ Paradise —Animal Control _Biggs/W. Gridley Water _ Paradise Irrigation _ Thermalito Irrigation _California Water Service Co. Thermalito IrrigationDistrict _ Themalito Irrigation L.O.A. PUD _ EI Medio Fire Protection District _ Durham Area Recreation Richvale Recreation & Parks _ Chambers Cable TV Viacom Cable TV _ 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.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _Paradise Pines Com. Assoc. _Mosq. Abatement. Oroville/Butte Co _ US Bureau of Land Management National Marine Fisheries Sservice _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy r�i X Public Works Director X Building Manager✓ _ ALUC _ Butte Co. Farm Bureau _ Chico Chico Airport Commission X Agricultural Commissiom� _ 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 Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\Planning\Forms\DISTR.wpd ��T rWiz.F Department of Development Services °j ° 0 County of Butte cOUN'�y Yvonne Christopher 7 County Center Drive Director orovine, CA 95965 (530)538-7601 FAX (530) 538-7785 August 13, 2004 Nosej Farms, Inc. P.O. Box 1294 Gridley, CA 95948 Re: Application for Lot Line Adjustment A.P. Number(s) 022-310-035, -036 Dear Applicant: This letter is to serve as notification that the above referenced application has been accepted and comments have been mailed out to the agencies involved, as required by Chapter 20 of the Butte County Code. Mark Michelena is the assigned planner. The final day for comments is August 30, 2004. If .you have any questions concerning this matter, please contact Mark Michelena at (530) 538-7376, Monday through Friday, 8:00 a.m. to 4:OO p.m. Sincerely, Mark Michelena MM/rt cc: John D. Christofferson, P.L.S., 220 Grand Avenue, Oroville, CA 95965 JUN -20-2004 21:25 MID VALLEY TITLE & ESCROW 0 RWOIWM REQUR6= BY MID VALLEY TITLE & ESCROW CO. AND 94EN Y 2MVX= MAIL TO: PRANK W. DBIVIZ 250 Bryde Rve Diggs, CA 95917 P.01 ,111111J11l1�111lIII�II�II�II�I i�OQs4-0022 i i � I REC FEE 13.29 1 TAX 1Lel. 40 I 1 i i I Mark I_ Paged of 3 Above Thh Linc W Pj MrWo U30 Only A.P.N.: 022.310.0Ci6 Order No.: 220442AM-OROC Escrow No.: 220443AM GRANT DEED � THE UNDMIG1M GRANTOR(s) DSM ARE(e) THAT DOCUIid MARY TRANSPM TAXIS: COUNTY SL100 00 X) computed on full value of property conveyed, or computed on fall valueless value of limas or encumbrances remaining at tip of sale, u*1ftrporawd area, [ I City of and, - FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, JIMMY SAMIM DAVIS AND JEAN LORRAM DAVIS, TRUSTEES OF IRE 3002 DAVIS. FAMILY TRUST, DATZD 2l19aW hereby GRANT(S) to FRANK W. DENIZ AND IRENE DENIZ, TRUSTEES OF TIM FRANK W. DENIZ & IRENE DENIZ REVOCABLE TREW, DATED 3/11/94 the following descnW property in the City of UNINCORPORATED AREA, County of Buse State of California; SEE ATTACKED LEGAL DESCMTION GRANT DEED CONTINUED ON NEXT PAGE 9 BUTTE COUNTY JUL 2 7 2004 DEVELOPMEN t SERviCES Mail Tax Statements to: SANM AS ABOVE or Addrem Noted Below JUN -20-2004 21:25 MID VALLEY TITLE & ESCROW P.02 A.P.N.: CONTINUATION OF GRANT DEED THE 2002 DAVIS FAMILY TRUST, DATED 2JI912062 h MfflLORRAINE DAVIS,. TRUS°M D Date: DAVIS,. STATS OF CALTFDRNI )SS COUNTY OF . ) Oa 4.11before ate. pem=uy app" -A Y pasortauyr kamn to cao (or proYevWc fee) to be ft pemoa(s) whore names #slue saDscrtxd to the wiWn innwwaem and wbowledged to me that hutaenhey executed the sam. in hidherAbe"fr afuborkrA caWby(us) sad tlfet by h®/bedtheir sigaeaura(e) on the #eau meat the pemn(s) or the on* upon behalf of whi& the person($) aced, executed the laswmcm bane and offiew am. X, This am for ofly w aocrw awl. ANGELA M, MASTELOTO Commi9slan #1891124 . NOW PuNle-Cidl%mia My Comm. Exp 22.2=6 JUN -20-2004 2126 MID VALLEY TITLE & ESCROW P.03 Otder No. BU -220443-3 AM Description Ile land to hecgin is situated in the Stale of California, County of Butte; and -is desc Indas fonow. THE SOMWEST QUARTER OF THE NORTHEAST QUARM THE NOR'PEi MT QUARTER OF THE SO1ITHPYP.AST QUARTER, TAR SOUTHWEST QUARTER OF THE SOUTHEAST QUARTE& ME WEST HALF 012 THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, TIM SOLTIMAST QUARTER OF THE SOUTHEAST QUARTER, OF SECTION 32, ALL IN TOWNSHIP 18 NORTH, RANGE 2 BAST, MD.B. & M EXCE21*0 THEREFROM M FOLLOWING DF.SMMED PROPERTY. ALL THAT PORTION. OF THE NORTHEAST QUARTER OF THE SOUTIMAST QUARTER OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 2 EAST, MD.B. & M., LYING. NORTMMLY OF THE CENTERLUM012 THAT CERTAIN DRAINAGEDrMH OR CANAL AS DESCRIBED IN THAT CBRTA N DEED FROM W. S. KENDALL TO RM AMATION DISTRICT NO- $33 DATED AM 13, 1921 AND RECORDED ON OCTOBER 23, 1922 IN BOOK 190 OF DBMS, AT PAGE 231, OFFICIAL RECORDS OF 1517T18 COUNTY, CALIFORNIA. APN 022-310-036.000 TOTAL P.03 L] RECORDLNG REQUESTED BY MID VALLEY TITLE & ESCROW.CO. AND WHEN RECORDED MAIL TO: NOSEJ FARMS, INC., P.O. BOX 1294 GRIDLEY, CA 95948 � I I I 1111111 l 1111 l 1111 i 11111111111 i t Recorded Official yyRecords CoBUTTE f CANDACE J. GRUBBS Recorder ROSEMARY DICKSON Assistant 09:00AM 10 -Jan -2002 I REC FEE 13.00 1 TAX 491.70 1 MONUMEN 10.00 I Maureen I Page 1 of 3 Above This Line for Recorder's Use Only A.P.N.: 022-300-012, 022-310-033 Order No.: 191512PE Escrow No.: 191512PE-3/ORO-C GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $491.70 X ] computed on full value of .property conveyed, or BUTTE computed on full value less value of liens or encumbrances remaining at time of sale, X>] unincorporated area; [ ] City of _, and COUNTY FOR A VALUABLE CONSIDERATION, Receipt of which is hereby. acknowledged, JUL 2 7 2004 •+ JEAN DAVIS, a Married Woman as her Sole and SeDEVELOPP-rp parate Property SERVICE hereby GRANT(S) to NOSEJ FARMS, INC., A CALIFORNIA CORPORATION the following described property in the UNINCORPORATED AREA, County of Butte State of California; See attached Legal Description SEE ATTACHED EXHIBIT "A" FOR INGRESS, EGRESS, &IRRIGATION FACILITIES oz� JEAN AVIS D ent Datta: December 20, 2001 STATE OF CALIFORNIA )SS COUNTY OF BUTTE ) On DECEMBER 27, 2001 beforeme, PENNY C. ENGLAND, NOTARY PUBLIC personally appeared JEAN DAVIS personally (mown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 0 Signature This area for official notarial seal. PENNY C. ENGLAND Cet=tt- isio6 $1240914 Mfr CPS1 Notary Nk 19 8uW Camey, Cd kmia My Commission Exp. DEC. 3, 2003 Mail Tax Statements to: SAME AS ABOVE or Address Noted Below .f EXHIBIT "A" THE LAND REFERTO TO IS SITUATED IN THE ATE OF I -CALIFORNIA, CO OF BUTTE, AND IS DESCRIBED A OLLOWS: PARCEL I: THE SOUTH HALF OF'THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 2 EAST, M.D.B. & M. APN 022-300-012-000 PARCEL II: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, AND THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 32, TOWNSHIP 18 NORTH, RANGE 2 EAST, M.D.B. &M. RESERVING THEREFROM A NON-EXCLUSIVE. EASEMENT FOR INGRESS AND EGRESS', AND FOR IRRIGATION DITCHES, PIPES AND FIXTURES COMMONLY USED IN CONJUNCTION WITH THE CONVEYANCE OF IRRIGATION WATER, OVER THREE STRIPS OF LAND OVER A PORTION OF SECTION 29 AND A PORTION OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 2 EAST, M.D.B. & M., SAID STRIPS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' STRIP ONE: A STRIP OF LAND 65.00 FEET IN WIDTH, LYING WESTERLY OF, ADJACENT TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29, SAID CORNER BEING THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED LINE; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION, 660 FEET, MORE OR LESS, TO A POINT ON THE CENTERLINE OF THE EXISTING BIGGS-WEST GRIDLEY IRRIGATION CANAL (FORMERLY SUTTER BUTTE CANAL) AND THE END OF THE DESCRIBED LINE. STRIP TWO: A STRIP OF LAND 65.00 FEET IN WIDTH, -LYING WESTERLY OF, ADJACENT TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32, SAID CORNER BEING THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED LIME; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION,.1650 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, AND THE END OF THE DESCRIBED LINE. CONTINUED "Z • PARCEL II: CONTINUED STRIP THREE: A STRIP OF LAND 50.00 FEET IN WIDTH, LYING NORTHERLY OF, ADJACENT TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION. 32, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED LINE; THENCE WEST, ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF, 1320 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, AND THE END OF THE DESCRIBED LINE. 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L " i-,: :-:1. _:yz„.c.,::,_,r�6:ju::.- urever.r_calntni :. a r ram^ ge :ditch`or cs al o s t:mens,i is _e- t a hP`ss-' - , * C ..._.:... -__ _- - - - - - :_. 6i - 0 rt}'e.8Ecor0 pII r o; en - ` _ __.1=0 ,.M.� - -- - . y _ L d 1 1 r Q$ .s..' 40 L 1 V ......... -..-. IOl lot•: ,. - ... w -hit .,;: . 1: _ .. ..-_ : - rC .. _ ._ Jr I; . - . 1L'] a ', e'1 a� t•i _ _ _-_ ___ __ _ . r_� Or i C '+ri.- -., :�i3C r ^C ?Gst:one'-qua 'L i. i nl reir *r, t> ! - e;o (u lov h p .18i Earth; ar. ' st "3;:`' - ,.. be n 4l, e o-1 -t e se *�� 1> o rri. t I'' i C' u -uw I.Ul Lnet>'U LS30e oP v GC .. 11r C. _..E S L, t. ..l Fi y de - T- L iVe11 tly`fr As: -Smz -. I .. ...'.. _ .. I '- _ r: ::a - .%QG I::{il ,L L a Doltt C is O. th:-G..O sol. .n _er.' ._:1 L._. r_JSe-CtiO., lnir -,.nu �. ..F. - r: .:.. .. . ,o Sn�hi l@ •or .ri _.,.t: c ,.i• -;i I' . Y �.. -tie said', poi :bel '" l.._ __ .:o-: of e- t' ..a .i. - � - - ., oil -h' _ _ r s soutr tc _-_, . .r o: .1 I, ld"Sectio% .,?. t:: ..ecce I: �`` - _ i. lv0... _ - �c (i G �. s�32 - - -' - eautariy on e. neaaeer• _line nic_t' t e bottom o ua D Oapc� LO a -east*' point on the f - _ - _ _Eec1ioe 9E 6sid_pOsnt be ra`.�feet 3orr or -lei^ soLt3,of tna'csct'eao q'da ter (�j oorner -of SCCVr_ 3^ -- - SJe shore desc ited:strir Of lard -co +nine en gree of 3,G - - t P0.39 pe o� co 3t. ti c tri §II d 3rat ag i - ip:, - e dit a o- cs ^c-' Tsti wet y _ r ! Lpc zae-land$" r eay„Dortioa tne:eof�iiituaia atn.a.ine > ocundaries:D. F �_ of siao aeclomaton _yietrioy*L* cd:and 'h1ft T' h2' reeto L DO1IIL snare Lne same...�$ G�. F: ' f rsa, be ce 1 331schdrged3apdittoa:e;ed;ryxitbout tae bciadariea of said district -nI o.tze - s� .oa...- Js ,..�c9••mys �r as!.ctt�% c_r:.e..ec� � ,x :- -.�- .r ..; k.':.<T �:uQ3t�:ai._ 3 'n -.c_ -e >: _ _ w �, sga L>tO en ez r O'�na' xi s' nen LPAY , �^C - vA_7.- Li .vy - i. ,,�-�q.� :.♦' �,.:v 'Kv r� - _ O OY•Ybl l.- '•�"A• �'� � Y^tc.N��: =.- �_.--_•__ r.-_.._..__ .._ n1'�r ."�:AGLI'iYL�Lv.v-a ._-..__-_.....-.- ;___._-_- ��^r._ oft: _ ” `5 cw� f,YaLaag 4YalOing constructing, airing. nrd rED '. r cam. - _ ..... o -- ir* iaiog ach dzA nae �i toh Or canal: toga ther�icitn r:1S-coave lent and reaso .able ,mesas _t - and•-- . "b,...io rasa taeretO and ,tkeref - �,��"�•3`''=-: amity of I,t1e,�eCCOC,O'y�in�=t-�n�iees Lo�recove a roolnce ell- r nce� n 3„b il�,._e�d sirs`t i� - 3 <;a.c�rr.«,g^,g-S--'-+v? t �' � bood:nad�saCstan far© bridge ���_�„^���a_ del •;F�y,_•� � �� y� � t __ _ �::,�,,�.-�,,,,�,S,r,,�•",,,.. � h s nereuato eat hie ksad 'a J t^ae��aid_�pa�o�f�the�fi=e��par� the Ty�1 .. �..e.'��.. - ,•..r..�.g. .�=� y.»�'r�;:c. .ez tr z i, �t�,F..-.K..... v'-I.ea-- - � ,:.-�..-. - s �,-a F %xiG+3t S�.irob abovetittea as - r ate- ._ ,ter ;ate �. ' S. ' ...... ci _- �v ua ag _ _ Y 9 qQ S- .. ..=�'-iL. 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I s �_ W te0t of S." 0` ttoIIt C A I,ukefs+ end J R Knienert and the said Paul 3 Knowles+ M. 1 i - Y ._d�c. -.-:_A _ { i'42- .� T 6almOwledge3 Lo_eathat *.sem * -+*tea •* r•Las of E C Smitton 0 A y F' �y rt � a _ -. _r_ ► Lukaa nd J : R a j •.- -.Z. f�cr-,;..t.-. ..:`L°«a,. 2.'+.;is ,cl{Y _ "" { a- 'YJ aianar+ thereuntone-principals and his own nava es Attomey"in feat ` t , j x h pi+�•es 1Rtereof `I have hereunto eel" s y it sea1. { ! i era _ t �LL my bend end affixed sy off1a 1a1 se+l+ at ty ( iv�al p j =j.2F _ 1 W . .r .'-• .n, . y. _ ."y _ '_ i. 31Y.aJt1. { e r 4 �otfice�ia the _City end County of: 2,rn'Pninoisco+ the dqy and yee�yin th1"a oartlficate.firet'eboae' r .r �rltten• F t+ R s 1 f ✓ <.."" 3 >` 2 �4 ,CV.. �Yi`. -,,r =, x : i .. trC 't. Mµ , y -' �.,y_Floxs`,Fi+11 yNoLePub11ow { q �1� { _ -:1.-{{ t ..-._.) - '->.a ��1�' -scar-r t !'Y: �,_.... f _ cFcA:_. 1:�:' .1.w1 �{{{{li. . Seel) «s : '�06",r Y �, syhn and for avid Citq end County of Saz { 4 1j jJ1 i - + i � �, Franoiaco+ State of Cali fornix T y� l ;� x �- State Ot_Call fOr^�a 1w. r` sf )� A �� c ` - �cx 3." .? .� � 1�� 11 . ry'1 City "n^ County" oP--San Franci co r-z�) a9 r � `� Dt y'. ^��l't �4 I I F On this ?ndbday of 3fey+ in the year One Lhousara 'ne hundred end fourteen+ before .f� a bze Plore H1.alls a Notary Public+ in �+nd for the said City end Coln v oP San Pran 1 co+ r� �- '"n�i I. �. x, ­1 Ireeldiag Lharein+ duly ncoam.ssipne-i and sworn+ pereonally appeared Peul S.._Knoxles knows Loma` _.,_,• _� a�� y t , z, L I A. <� A a De the y n deco ri Dan i� end .Ztl osa nage is subs riDed Lo the within instrument, anti r : .iii ,- .:-i... — .-.-,. -.—... �_....... 3i - , ".. - acknowledged t0 :me that he executed the,'same ' t--^- ?� 1:.. 1 - - - i h r _ -w _ 111 'S:.+ r I 7 s ie.­31 i a • �+ r j have heratlTlLO net IDY harut.an_d affixed � official ae- nE my f � '' `y ' office SII the City end Coun y, o. Ssn Prarcisro; the day an, year..in this oertificate f lrst i t � u + ri�i': €E . r err"^-xy� �z _ Flora Nell+ .Notary AiDiic�� N I{ 'i; t (Seel) In and for Lha City and County of ban Francist•0+ 13 t!{� . Seal ,3t'. ! 1t _ State of Callromle , ' = j I �� '. i ­ . :_. _..<.: ..-:- f 1 I r . . Recoried at tte request of''Sutter HuLL9 Canal.Co.+ 2tay �+ 1914, at"19 -i pant 3 P t . Sn ,boot 140 page 200 of Deady+ Butte County Recottis1. '� l .— i .", - i t ` - i ! ¢`_ t.r� { '. t .. .. - _ v Ism. `� ' -in y.�n1. i .., r -.. r ,, �� i- -� ztirY 1 j 1k - ,,�y- ; ! rt z d k as Y� C!,".�i(iri ti' Recorder.p!z I } rte, y t,`..'J '�? / 4. - . v i 9 1 - - - - - --' -----" .. _: ; �(, i- Form No. 1068-1 (Rev. 10/17/92) Exhibit A to Preliminary Report RECEIVED JUN 2 2 2004 GDA p,MERI CA v Preliminary or't Rep' CO4 Mid Valley Title and Escrow Co. Chico — Oroville —Paradise Affiliated With First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. — EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the exleol that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice o! the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by !aw and not shown by the public records. go go (5) Mid Valley Title and Escrow Company PRELIMINARY REPORT Post Office Box 3039 601 Main Street Chico, California 95928 Phone (530) 893-5644 / Fax (530) 893-3428 All Policies of Title Insurance issued by First American Title Insurance Company Updated: (06/21/2004) Order No.: 222060 LW Escrow Officer: Linda Woodcock Re: DAVIS & NOSEJ FARMS In response to the above referenced application for a policy of title insurance, First American Title Insurance Company, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of JUNE 21, 2004, at 7:30 a.m. Roger Button, Chief Title Officer Preliminary Report Title to said estate or interest at the date hereof is vested in: 0 Order No. BU -222060 LW FRANK W. DENIZ AND IRENE DENIZ, TRUSTEES OF THE FRANK W. DENIZ AND IRENE DENIZ REVOCABLE TRUST, DATED 3/11/94, AS TO PARCEL I; NOSEJ FARMS, INC., A CALIFORNIA CORPORATION, AS TO PARCEL 11 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: THE FOLLOWING EXCEPTIONS 1 THROUGH 9 AND TAX NOTE AFFECT PARCEL I: 1. GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 2004-2005, A LIEN, BUT NOT YET DUE OR PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3'.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF A BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW. RE -CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 3. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE BOUNDS OF SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT. 4. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE BOUNDS OF RECLAMATION DISTRICT NO. 833. 5. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE BOUNDS OF .BIGGS-WEST GRIDLEY WATER DISTRICT. 6. RIGHTS OF THE PUBLIC OVER ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN THE BOUNDS OF ANY PUBLIC ROAD OR HIGHWAY. AFFECTS RILEY ROAD, DAVIS ROAD AND COLUSA HIGHWAY. CONTINUED Page 2 J Preliminary Report Order No. BU -222060 LW 7. THE RIGHT TO CONSTRUCT, PLACE, INSPECT, MAINTAIN, REPLACE, REMOVE AND USE FACILITIES OF THE TYPES STATED HEREIN AND OTHER INCIDENTAL PURPOSES IN FAVOR OF: RECLAMATION DISTRICT NO.833 FACILITIES: DRAINAGE DITCH RECORDED: OCTOBER 23, 1922, IN BOOK 190 OF DEEDS, PAGE 231, BUTTE COUNTY RECORDS. AFFECTS: A CENTRAL PORTION RUNNING EAST AND WEST OF SECTION 32. SUBJECT. TO TERMS AND CONDITIONS CONTAINED THEREIN 8. THE TERMS AND PROVISIONS OF THAT CERTAIN LAND CONSERVATION AGREEMENT DATED: DECEMBER 23, 1977 BETWEEN: JEAN DAVIS, ET AL, AND THE COUNTY OF BUTTE RECORDED: FEBRUARY 23, 1978, IN BOOK 2258, PAGE 652, OFFICIAL RECORDS. AFFECTS: THIS AND OTHER PROPERTY. REFERENCE IS HEREBY MADE TO THE RECORDED INSTRUMENT FOR A FULL UNDERSTANDING. 9. OIL, GAS AND MINERAL LEASE UPON THE TERMS, COVENANTS AND CONDITIONS PROVIDED THEREIN, LESSOR: JEAN DAVIS, ET AL LESSEE: CONOCO INC., A DELAWARE CORPORATION RECORDED: DECEMBER 9, 1982, IN BOOK 2777, PAGE 340, OFFICIAL RECORDS AND IN BOOK 2777, PAGE 342, OFFICIAL RECORDS. AFFECTS: THIS AND OTHER LAND. TAX NOTE: GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 2003-2004, 1 ST INSTALLMENT: $2,764.26, PAID 2ND INSTALLMENT: $2,764.26, PAID EXEMPTION: $-0- ASSESSED: SEPARATELY AP# 022-310-036-000 CODE AREA 075-003 CONTINUED Page 3 % I I Preliminary Report Order No. BU -222060 LW THE FOLLOWING EXCEPTIONS 10 THROUGH 23 AND TAX NOTE AFFECT PARCEL H: 10. GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 2004-2005, A LIEN, BUT NOT YET DUE OR PAYABLE. 11. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF A BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW. RE -CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 12. THE HEREIN DESCRIBED LAND LIES WITHIN THE BOUNDS OF SACRAMENTO AND SAN JOAQUIN DRAINAGE DISTRICT. 13. THE HEREIN DESCRIBED LAND LIES WITHIN THE BOUNDS OF RECLAMATION DISTRICT NO. 833. 14. THE HEREIN DESCRIBED LAND LIES WITHIN THE BOUNDS OF BIGGS-WEST GRIDLEY WATER DISTRICT. 15. RIGHTS OF THE PUBLIC OVER ANY PORTION OF THE HEREIN DESCRIBED LAND LYING WITHIN THE BOUNDS OF ANY PUBLIC ROAD OR HIGHWAY. AFFECTS RILEY ROAD AND LIVELY ROAD. 16. THE RIGHT TO CONSTRUCT, PLACE, INSPECT, MAINTAIN, REPLACE, REMOVE AND USE FACILITIES OF THE TYPES STATED HEREIN AND OTHER INCIDENTAL PURPOSES IN FAVOR OF: SUTTER BUTTE CANAL CO. FACILITIES: IRRIGATION CANAL RECORDED: MAY 6, 1914, IN BOOK 140 OF DEEDS, PAGE 290, BUTTE COUNTY RECORDS. AFFECTS: PARCEL I. 17. THE TERMS AND PROVISIONS OF THAT CERTAIN LAND CONSERVATION AGREEMENT DATED: DECEMBER 23, 1977 BETWEEN: JEAN DAVIS, ET AL, AND THE COUNTY OF BUTTE RECORDED: FEBRUARY 23, 1978, IN BOOK 2258, PAGE 652, OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO THE RECORDED INSTRUMENT FOR A FULL UNDERSTANDING. CONTINUED Page 4 I Preliminary Report Order No. BU -222060 LW 18. OIL, GAS AND MINERAL LEASE UPON THE TERMS, COVENANTS AND CONDITIONS PROVIDED THEREIN, LESSOR: JEAN DAVIS, ET AL LESSEE: CONOCO INC., A DELAWARE CORPORATION RECORDED:, DECEMBER 9, 1982, IN BOOK 2777, PAGE 340, OFFICIAL RECORDS AND IN BOOK 2777, PAGE 342, OFFICIAL RECORDS. AFFECTS: PARCEL I. 19. A NON-EXCLUSIVE EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES AS RESERVED FOR: INGRESS, EGRESS, IRRIGATION DITCHES, PIPES AND FIXTURES RECORDED: JANUARY 10, 2002, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2002-01234. AFFECTS: PARCEL II. 20. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $240,000.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: JANUARY 2, 2002 TRUSTOR: NOSEJ FARMS, INC., A CALIFORNIA CORPORATION TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY BENEFICIARY: LEND LEASE AGRI-BUSINESS, INC. RECORDED: JANUARY 10, 2002, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2002-01235. BENEFICIAL INTEREST THEREUNDER WAS ASSIGNED FROM: LEND LEASE AGRI-BUSINESS, INC. TO: U.S. BANK TRUST NATIONAL ASSOCIATION, AS CUSTODIAN/TRUSTEE BY ASSIGNMENT RECORDED: JANUARY 10, 2002, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2002-01236. 21. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $160,000.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: DECEMBER 20, 2001 TRUSTOR: NOSEJ FARMS, INC., A CALIFORNIA CORPORATION TRUSTEE: MID VALLEY TITLE AND ESCROW COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: JEAN DAVIS, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY RECORDED: JANUARY 10, 2002, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2002-01237. CONTINUED Page 5 i ft Preliminary Report ITEM NO. 21 - CONTINUED Order No. BU -222060 LW BENEFICIAL INTEREST THEREUNDER WAS ASSIGNED FROM: JEAN LORRAINE DAVIS TO: JERRY SANFORD DAVIS AND JEAN LORRAINE DAVIS, TRUSTEES OF THE 2002 DAVIS FAMILY TRUST DATED FEBRUARY 19, 2002 BY ASSIGNMENT RECORDED: MAY 10, 2004, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2004-27354. 22. A HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT, DATED: JANUARY 2, 2002 BY AND BETWEEN: NOSEJ FARMS, INC. AND LEND LEASE AGRI-BUSINESS, INC. RECORDED: JANUARY 10, 2002, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2002-01238. REFERENCE IS HEREBY MADE TO THE RECORDED INSTRUMENT FOR A FULL UNDERSTANDING. 23. WE WILL REQUIRE A COPY OF THE ARTICLES OF INCORPORATION, THE BY-LAWS, AND RESOLUTIONS APPROVING SALE FOR THE VESTEES HEREIN PRIOR TO RECORDING. TAX NOTE: .GENERAL AND SPECIAL BUTTE COUNTY TAXES FOR THE FISCAL YEAR 2003-2004, 1ST INSTALLMENT: $1,053.82, PAID 2ND INSTALLMENT: $1,053.82, PAID EXEMPTION: $_0_ ASSESSED: SEPARATELY AP# 022-310-035-000 CODE AREA 075-003 NOTE: THE VESTEE HEREIN ACQUIRED TITLE BY DOCUMENT(S) RECORDED APRIL 19, 2004, UNDER BUTTE COUNTY RECORDER'S SERIAL .NO. 2004-22110, AS TO PARCEL I AND JANUARY 10, 2002, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2002-01234, AS TO PARCEL II. KM:KK JUNE 21, 2004 (STR) Page 6 Preliminary Report Description Order No. BU -222060 LW The land referred to herein is situated in the State of California, County of Butte, and is described as follows: PARCEL I: THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, OF SECTION 32, ALL IN TOWNSHIP 18 NORTH, RANGE 2 EAST, M.D.B. & M. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 2 EAST, M.D.B. & M., LYING NORTHERLY OF THE CENTERLINE OF THAT CERTAIN DRAINAGE DITCH OR CANAL AS DESCRIBED IN THAT CERTAIN DEED FROM W. S. KENDALL TO RECLAMATION DISTRICT NO. 833 DATED JUNE 13, 1921 AND RECORDED ON OCTOBER 23, 1922 IN BOOK 190 OF DEEDS, AT PAGE 231, OFFICIAL RECORDS OF BUTTE COUNTY, CALIFORNIA. APN 022-310-036-000 PARCEL II: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, AND THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 32, TOWNSHIP 18 NORTH, RANGE 2 EAST, M.D.B. & M. APN 022-310-035-000 Page 7 SECS 32 & 33 T.18N. R.2E. M.D.B.&M. 22-31 i . 30 29 29 27 31 32 33 34 O19 ; 1'= 100' 18.684C 37.04Ac ; 35 18 / ss.as4c 30 / 17 ; ;179. 9.77AC4.2 40.00AcAc PAW 3 0 ---- 48.72Ac -_--_-- 21.95AC ---------- r25 RECLAMATION ,0157"A CT 28 30 � 1.204c 1$11' '= 9 O g 20.00Ac 660 w O34 MOO& 38.00Ae 3111k2 ---------- i (GRIDLEY COLUS4) COM04 NB5JY E i _ 21-05 This map may or may not be a survey of the land depicted hereon. You should not rely upon it for any purpose other than orientation to the general location of the parcel or Parcels depicted. Mid !!alley Title and Escrow Company expressly disclaims any liability for alleged loss or _. damage that may result from reliance upon this map. i 3 28 Q 14 80.004c ; 24 ! I 23 79.004 79.0OAc ; 29 78.00Ac ; � 1 I y; ' pE�j 3 2002 Butte County Assessors op Book 22, Page 31 CREA7M BY SDT CREATED ON 11-26-2002 Mme ui vaasrtuoi sgMM aM �sce RENSO BY SOT BEIM ON 11-26-2002 RIE NONE 22-311 URrTW 2003-04 ROLI. NO „o Mor MAY Op6711t1IE is... fms Mo warm s �.�a raf iME Previous Book . Portion Of Page �cank7 aF tME nor 9tlM1t Com eQ The Butte County Assessors Ofri S T AME R I PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such infornation — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you..provide to us. Therefore, together with our parent company, The First American .Corporation, we have adopted this Privacy Policy to g.gOin the.use and handling of your personal information. Applicability This: Privacy Policy governs our use of the information which you provide torus. It does not govern the manner in which we may use information we have obtained from any other source, such as informatioirobtained froa a public record or from another person or entity. First American has also adopted broader guidelines that govem. our use of personal info ir iation regardless of its source. First American calls these guidelines its Fair In formation Values, a copy of which can -be found on our website at www.frrstam.com. Types of Information Depending upon which of our. services you are utilizing, the types of nonpublic personal information that we may collect include: • Information -we receive from you on applications, forms and in other communications to us, whether in writing, in person, by. telephone or any other means; . • Information about your transactions with us, our affiliated companies, or others; and' • Information we receive from a consumer reporting agency. Use of Information We request information from you.for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the,product or service you have requested of us; or (2) as permitted bylaw. We may, however, store such information indefinitely, including the period°ifter which any customer. relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis: We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore; we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you: Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our.employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation All Rights Reserved 610 Form No. 1491.EAGLE (10/01) Addendum to Exhibit A 00. ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND. EXCLUSIONS (By Policy Type.) 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE — 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE — 1,998 EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a: building b, zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance' with applicable building codes. This' Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if •You bought the Land without Knowing of the taking.. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date — this doe; not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside tha area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 7. (a) Any, law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (i) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public Records at Date of Policy. This exclusion does not Emit the coverage. provided under Covered Risks 12, 13, 14 and 16.of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusiondoes not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of, the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the 0 0 - . , . - It 0, 6 Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks, 8, 16, 18, 19, 20, 21, 22, 23, 24, 25, and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4: Unenforceability of the lien of the Insured Mortgage because,of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage; or claim thereof, which arises out of the transactiqn evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8_ Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) the time of advance; or (b) the time a modification is made to the terms of the Insured; Mortgage which changes the rate of. interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification.. This exclusion does. not limit the coverage in Covered Risk 8. . 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. The following state statutes, reference to which are made part of the ALTA 8.1 Environmental• protection Lien Endorsement incorporated into .this Policy following item 27 of COVERED RISKS: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10113/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, cc any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: 1. The following state statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 27 of COVERED RISKS: NONE. RICAN LAND TITLE ASSOCIATION LOAN POLIC ITH A.L.T.A. ENDORSEMENT FORM 1 COVERAG SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association lFnders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are nol shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability, of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM .COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions, or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has beep recorded im the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 0 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use land division • improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks Failure to pay value for your title. Lack of a right: • to any land outside the area specifically desc gibed and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that lou d This exclusion does not limit the access coverage in It vered Title Risks. \ _ ENGINEERING SURVEYING PLANNING 220 GRAND AVENUE OROVILLE, CA 95965 TEL: (530) 533-2068 FAX: (530) 533-3551 EMAIL: gda@quiknet.com r ,r1 TRANSMITTAL f 1 MEMO TO: BUTTE COUNTY DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE OROVILLE, CA 95965 DATE: 7-26-04 JOB NO: 04-038 SUBJECT: NOSEJ FARMS / DENIZ LOT LINE ADJUSTMENT AP: 022-310-035, 036 ATTENTION:'- MARK MICHELENA ENCLOSED FIND THE FOLLOWING: COPIES DATED DESCRIPTION 1 APPLICATION CHECKLIST 2 UNIFORM APPLICATIONS W / AGENT AUTHORIZATION 1 TITLE REPORT 1 4-28-04 $1141.00 APPLICATION FEE - (CLIENT CK#3871 (570.50) / CLIENT CK#5856 (570.00) GDA CASH $0.50) ' 12 TENTATIVE MAP PRINTS BUTTE 1 ' MISC DEEDS COUNTY JUL7 2004 DEVELOPMENT FOR: [ ] YOUR APPROVAL (] CHECKING [ ] YOUR FILES REMARKS: [ ] SIGNATURE [X] FOLLOW UP [ ] PER YOUR REQUEST 1.41\ra-r COPY TO: NOSEJ / DENIZ / DAVIS B "V JOHN D. CHRISTOFFERSON, P.L.S. [ ] REVISION [ ] YOUR INFORMATION [ ] RECORDING 0 9 O 301 48.724c -t�:I 11 T z ��a O 20 OOAc ` V 30 29 .__-- 31 32 RC2 18.68AC O 301 48.724c -t�:I 11 T z ��a O 20 OOAc 3132 6-'-.-5- I I I I I I I 26 100.00Ac 25 O 46.09Ac 34 38.00Ac (GRIDLEY COLDS SEC. S 32 & . 33 T. 18N. R. 2E M.D.B. &M. I I I I 30 I , I 1 29i28 LAIELY r - .. 18 �= 89.89Ac 08 55.45Ac oQ 17 ck� # - 36 9.77AC 10 15 O 173.05Ac (44.17Ac) 32 21.95AC --F RECLAMATION DISTR fCT 28 30 11.20Ac 10 264 9 (128.88Ac) I I ' 21-05 I I I I I I I 79.09Ac 14 80.00Ac 19 37.04Ac 22-31 I !27 34 1"=800' I I I I I 1 I I I I 1 I I I I 79.0W � 79.00Ac ' 29I , I I 78.0OAc 1 f \ Q3-4 I I ' I ' --- i HWY i I Butte County Asslssor's Map Book 22, -Page 31 NOTE ALL INFORMATION SHOWN ON ASSESSOR PARCEL MAPS ARE FOR ASSESSOR'S OFFICE USE AND DO NOT NECESSARILY CONSMU H LEGAL LOTS NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. CREATED BY SDT CREATED ON 11-26-2002 REVISED BY SDT REVISED ON 11-26-2002 FILE NAME 22-31 EFFECTAE 2003-04 ROLL Previous Book , Portion Of Page Compiled By The Butte Coun Assessor's Office . RC2 O 38.00Ac 3132 6-'-.-5- I I I I I I I 26 100.00Ac 25 O 46.09Ac 34 38.00Ac (GRIDLEY COLDS SEC. S 32 & . 33 T. 18N. R. 2E M.D.B. &M. I I I I 30 I , I 1 29i28 LAIELY r - .. 18 �= 89.89Ac 08 55.45Ac oQ 17 ck� # - 36 9.77AC 10 15 O 173.05Ac (44.17Ac) 32 21.95AC --F RECLAMATION DISTR fCT 28 30 11.20Ac 10 264 9 (128.88Ac) I I ' 21-05 I I I I I I I 79.09Ac 14 80.00Ac 19 37.04Ac 22-31 I !27 34 1"=800' I I I I I 1 I I I I 1 I I I I 79.0W � 79.00Ac ' 29I , I I 78.0OAc 1 f \ Q3-4 I I ' I ' --- i HWY i I Butte County Asslssor's Map Book 22, -Page 31 NOTE ALL INFORMATION SHOWN ON ASSESSOR PARCEL MAPS ARE FOR ASSESSOR'S OFFICE USE AND DO NOT NECESSARILY CONSMU H LEGAL LOTS NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. CREATED BY SDT CREATED ON 11-26-2002 REVISED BY SDT REVISED ON 11-26-2002 FILE NAME 22-31 EFFECTAE 2003-04 ROLL Previous Book , Portion Of Page Compiled By The Butte Coun Assessor's Office