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HomeMy WebLinkAboutABAN 04-01_PLANNING 5 SEPARATOR SHEET ppx PROJECT NUMBER PROJECT SUMMARY SHEET FILE NO.: ABAN 04-01 PROJECT TYPE: Abandonment APN: 065-400-015 APPLICANT: Rhonda Maehl ADDRESS: 14122 Skyway, Suite B, Magalia, CA 95954 PHONE: (530) 873-7640 OWNER: Richard Polens ADDRESS: 15055 Twin Pine Road,Magalia, CA 95954 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Abandonment of P.U.E. LOCATED: on the northern border of 15038 Pinehurst Way,Magalia PROPERTY ZONED: GENERAL PLAN DESIGNATION: TOWN/AREA: Magalia 1. Application accepted: 9/11/2003 Amount: $ Receipt#: 2. Assigned to: 3. Comments sent to: 4. Sent to Inter-Departmental Review Committee(IDR): 5. Date scheduled for IDR: 6. Comments received from: 7. Rezone Petition Signatures Checked: 8. Mailing List/Lead-in Sheet: 9. Environmental Determination: N.�R State Clearinghouse No: � Categorical Exemption-CEQA#sijiW I S3 0 S_ Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: N 0 Environmental Impact Report Gen. Rule Ex.—CEQA# 15 06 1. (bx3) Other 10. Staff Report: Project V' eo: 11. Clearinghouse circulation required: Yes o Date Sent to SCH: 12. Publication Notice Written: Display Ad Prepared: 13. Notices Mailed: Number of Notices: 14. Newspaper Publication Date: O C P G B 15. Planning Commission Hearing(s): d/ !3 f 63 62/5�— Action taken: Special Conditions: Commission Resolution No.: 16. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 17. Type Abandonment/Send for signature: 18. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No 19. Send validated Abandonment: 20. Assessor's Memo: 21. Copy of Abandonment to Planning Technician: f Rhonda Maehl, (Item determined to be categorically exempt from environmental review), Abandonment of a 10-foot wide public utilities easement on property zoned RT-1 (Minimum Density Residential — Mobile Home). The property is located on the northeast corner of Pinehurst Way and Columbine Road, Paradise Pines. APN 065-400-015 (SB) (ABAN 04-01) It was moved by Commissioner Evans, seconded by Commissioner Marin, and unanimously carried to recommend approval of the Abandonment for Rhonda Maehl as follows. I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15305. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. H. Report to the Board of Supervisors on the General Plan consistency of the request by Rhonda Maehl to abandon a 10-foot wide by 115.82-foot long public utilities easement on the northern portion of APN 065-400-015 as shown on Attachment C, subject to the following findings: A. The proposed abandonment does not conflict with any goal or policy of the Butte County General Plan. B. The public utilities easement is not required by any public utility provider in the County. C. The public utilities easement has never been used by any public utility. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ NOVEMBER 13, 2003 ■ PAGE 1 ■ PETITION FOR ABANDONMENT OF PUBLIC AWAY N0.2003-262-047 TO THE HONORABLE BOARD OF SUPERVISORS COUNTY OF BUTTE DATE: 2003 Dear Board Members: The undersigned, being five or more freeholders, at least two of whom are residents of the Road District in which some part of the highway affected is situated; and who are taxable therein for highway purposes, do hereby petition your Honorable Board of Supervisors in writing, in accordance with provisions of Section 8321 of the Streets and Highways Code of the State of California, to ABANDON the following-described Public Utility Easement of the County of Butte: That certain 10 foot wide Public Utility Easement affecting Lot 159 as shown on that certain map entitled "Paradise Pines Unit No.3" , filed with the Recorder of Butte County, California on June 17, 1970 in Book 35 of Maps, at Pages 78, 79, 80, 81 and 82, more particularly described as follows: A 10 foot wide strip of land. lying 10 feet southerly of, parallel with and adjacent to the Northerly Boundary of said Lot 159 and lying westerly of the 10 foot Public Utility Easement that is 10 feet westerly of, parallel with and adjacent to the easterly boundary of said Lot 159 and the end of the herein described easement. 1 PETITION FOR ABANDONMENT OF PUBLIC AWAY N0.2003-262-047 Signature -A—A4 iy Address 150 31 Print Name,7ELa , s M 1'44 EA City"--y}7aQ Stated Zip -,o Date _S-o S . Signature /Ve* 9M !!� Address Gv Print Name City StateekZip Date 9'-5_3 Signature 4�.ei Address /�3 0-56 Ave Xl ,t % w q Print Name C., o,G� City ?4�'9'Gi� Stat Zip Date ql -63 Signature Address Print Name R&IL ° ��b City L-vel Stat¢ 'it Zip , s T—Date_ G Signature Address S D Print Name oo City State,Zip Jl ate,9 Signature Address /S �� Print Name ri fy4-.,J City A 4-L0a t - State 04 Zip frijZ. Date 9_,f'03 Signature ddress L vrd6S� til t/�Z q/ Print Name U Cit , ej- State<L4Zip `L -S Dated 6j Signature Address Print Name City State_Zip Date Signature Address Print Name City State_Zip Date Signature Address Print Name City State_Zip Date Signature Address Print Name City State_Zip Date Signature Address Print Name City State_Zip Date Signature Address Print Name City State_Zip Date 2 LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530) 538-7785 November 14, 2003 Ronda Maehl 14122 Skyway, Suite B Magalia, CA 95954 Re: Abandonment, File ABAN 04-01,APN 065-400-015 Dear Ms. Maehl: The Butte County Planning Commission held a meeting on November 13,2003,and your request for abandonment of a Public Utility Easement,was found in conformity with the Butte County General Plan. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m.,Monday through Friday. Sincerely, Lynn/Richardson Planning/Administrative Support Service Assistant fir cc: Public Works J:\WPDOCS\PLANNING\PCLTS\AB2.MRG Butte County DepartrnentofDevelopmentServices �UTTF PLANNING DIVISION o0 0 0 7 County Center Drive o 0 Oroville, CA 95965 0 - o (530) 538-7601 Telephone C .� UNt (530)538-7785 Facsimile D ADMINISTRATION * BUILDING * GIS * PLANNING October 29, 2003 Rhonda Maehl 14122 Skyway, Suite B Magalia, CA 95954 Re: ABAN 04-01, AP: 065-400-015 Dear Ms. Maehl: Enclosed is a copy of the Agenda Report concerning your application for a Abandonment of P.U.E. on property zoned and located on the northern border of 15038 Pinehurst Way, Magalia. Should you have any concerns with the report or conditions of approval,please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for November 13,2003,at 9:00 a.m. This meeting will be held in the Board of Supervisors'Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter,please contact Stephen Betts of this office at 538-7153, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Lynn Richardson Planning/Administrative .Support Services Assistant Enc. cc: BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - NOVEMBER 13, 2003 Applicant: Rhonda Maehl Parcel Size: 0.4f acres File#: ABAN 04-01 Zone date: March 18, 1975 Request: Abandonment of a 10-foot Project Stephen Betts, wide public utilities easement Planner: Senior Planner G.P.: Low Density Residential Supervisor District: 5 Zoning: RT-1 Attachments: APN: 065-400-015 A. Vicinity Map B. General Plan/Zoning Map Location: On the northeast corner of C. Site Plan Pinehurst Way and Columbine Road, Paradise Pines EXECUTIVE SUMMARY: The project would allow the abandonment of a public utilities easement. State law requires that the Planning Commission find that an abandonment such as that proposed will not be in conflict with a General Plan. Staff has analyzed this abandonment request and recommends that the Planning Commission recommend approval to the Board of Supervisors. PROJECT DESCRIPTION: • This easement, which was created in 1970 as part of the Paradise Pines Unit No. 3 Subdivision (Book 35 of Maps, Pages 78-82), has never been utilized for any public utility purposes. • The public utilities easement is 10 feet wide and 115.82 feet long and follows the project site's northern property line. • Letters were received from PG&E, Del Oro Water Company, and SBC stating that they have no objection to the abandonment of the public utilities easement. • The public utilities easement proposed for abandonment is not needed by any parcel. ANALYSIS: • According to California Government Code Section 65402, the abandonment of property must be in conformance with the General Plan. ■BUTTE COUNTY PLANNING COMMISSION■MAEHL ABANDONMENT AGENDA REPORT■ ■NOVEMBER 13,2003 ■PAGE 1 OF 2 ■ • This request is consistent with the Butte County General Plan because it does not conflict with any adopted or proposed element of the General Plan. No element of the Butte County General Plan addresses public utility easements. • Abandonment of the public utilities easement would not have an impact because the easement has never been used and the effected public utilities do not object to its abandonment. • A petition signed by seven landowners in the project area requests that the public utilities easement be abandoned. • This project is being processed as a regular abandonment by the Butte County Public Works Department pursuant to California Streets and Highway Code Sections 8320 - 8336. ENVIRONMENTAL REVIEW: This project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act under Section 15305 (Minor Alterations in Land Use Limitations). This exemption consists of minor alterations in land use"limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: I. Find that this project is exempt from the provisions of the California Environmental Quality Act under Section 15305. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 are not required. II. Report to the Board of Supervisors on the General Plan consistency of the request by Rhonda Maehl to abandon a 10-foot wide by 115.82-foot long public utilities easement on the northern portion of APN 065-400-015 as shown on Attachment C, subject to the following findings: A. The proposed abandonment does not conflict with any goal or policy of the Butte County General Plan. B. The public utilities easement is not required by any public utility provider in the County. C. The public utilities easement has never been used by any public utility. ■BUTTE COUNTY PLANNING COMMISSION■MAEHL ABANDONMENT AGENDA REPORT■ ■NOVEMBER 13,2003 ■PAGE 2 OF 2 ■ Vicinity Map f: Project Location Rd, hill Ro X. ARAN 04-01 065400-015 i I_ L�L . NNW Z C CD 1p �t G� Area of proposed Abandonment LOT 159 Columbine Rd -o c a c 50 0 50 100 150 200 250 300 350 400 Feet BUTTE COUNTY PLANNING CONIMSSION Applicant: Rhonda Machl owner: Richard Polems Hearing Date:November 13,2003 @ 9:00 a.m. Existing Zone: RT-1 (Residential Mobilehome) N Supervisorial Request: Abandonment of a 10 foot wide by 115.82 foot Public Utility Easement District#5 Assessor Parcel No: 0651100-015 ate: `°'BAN Page 1 of 2 Betts, Steve From: Wannenmacher, Felix Sent: Wednesday, October 22, 2003 4:14 PM To: Betts, Steve Cc: Baker, Joseph Subject: RE: Maehl Abandonment Hi Steve, It looks like you made the changes. It is ready. Felix -----Original Message----- From: Betts, Steve Sent: Wednesday, October 22, 2003 11:21 AM To: Wannenmacher, Felix Subject: Maehl Abandonment Felix, I made the changes you suggested for this abandonment report. None of the elements of the General Plan address public utility easements nor does County Code make any reference to the abandonment of public utility easements. Please check my changes, which are in red, to make sure I didn't miss anything. Thanks. -S- Steve, Could you incorporate the elements that Felix refers to in his email. Thanks... Joe ' Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 jose-h.baker@buttecounty_net -----Original Message----- From: Wannenmacher, Felix Sent: Tuesday, October 21, 2003 11:33 AM To: Baker, Joseph Subject: RE: Maehl Abandonment 10/23/2003 I `. a • � Page 2 of 2 Hi Joe, do have some suggestions and comments. First, add the Fish and Game language to the CEQA finding. Second, change the language of the second finding to read: "Report to the Board of Supervisors on the General Plan consistency of the request ...(rest the same)". It would have been helpful to explain the relationship of the easement to the properties involved. It would have been helpful to explain what Public Works is doing: a summery abandonment or regular abandonment and under which code sections. There is no actual discussion of what is in the general plan or how it relates to abandoning utility easements, etc. Felix -----Original Message----- From: Baker, Joseph Sent: Monday, October 20, 2003 8:52 AM To: Wannenmacher, Felix Subject: FW: Maehl Abandonment Felix, This is a straight forward abandonment of a utility easement. The property is within a subdivision and all parties concerned have indicated no objection to the abandonment. Please review for legal consistency. Thanks... Joe Joseph W. Baker Planning Manager Butte County Department of Development Services (530)538-6572 josep h.baker@ buttecou nty,net -----Original Message----- From: Betts, Steve Sent: Friday, October 17, 2003 2:06 PM To: Baker, Joseph Subject: Maehl Abandonment Joe, Attached is the agenda report for the Maehl Abandonment project. This project has not been through IDR review yet, and I am not sure if it even needs to go to the IDR because it is a public works project. -S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk- (530) 538-7153 Fax —(530)538-7785 10/23/2003 CALIFORNIA STREETS ANDJIGHWAYS CODE SECTION 8320- 5 Page 1 of 3 Findl-aw I Legal Professionals I Students I Business I Public I News E-mail@Justice.co FinjdLaw VVes Need a case now? for Legal Professionals cru Here Cases&Codes I Forms I Legal Subjects I Federal I State I Library I Boards Law Firm Firm Sites I L( Lawyer Search 1CityorZlP State 7: Select a Practice Area Find Search! JIFindLaw FindLaw : FindLaw California : Codes and Statutes : California Code : Streets and Highway Corporate 'r Code Click HerE . California Codes o California Streets and Highways Code ■ STREETS AND HIGHWAYS CODE SECTION 8320-8325 8320. (a) The legislative body of a local agency may initiate a Sear proceeding under this chapter in either of the following ways: J (1) on its own initiative, where the clerk of the legislative body from motet shall administratively set a hearing by fixing the date, hour, and 310O0' place of the hearing and cause the publishing and posting of the notices required by this chapter. Q b$ (2) Upon a petition or request of an interested person, at the discretion of the legislative body, except as provided in subdivision (e) of Section 8321, where the clerk of the legislative body shall Find a Job administratively set a hearing by fixing the date, hour, and place of -- the hearing and cause the publishing and posting of the notices �r Sear-ch!` required by this chapter. (b) The notices required by this chapter shall contain both of the following: (1) A description of the street, highway, or public service FindLaw Newsletter easement proposed to be vacated and a reference to a map or plan, that shows the portion or area to be vacated and includes a statement r Top Legal that the vacation proceeding is conducted under this chapter. In News Headlin the case of a street or highway, the description shall include its general location, its lawful or official name or the name by which it r LegalGrol is commonly known, and the extent to which it is to be vacated. In F Labor& the case of a public service easement, the description shall identify Employment ) it with common certainty. The map or plan showing the location of the street, highway, or public easement proposed to be vacated is Youremail sufficient compliance with this paragraph. —i (2) The date, hour, and place for hearing all persons interested SubSCrlbE in the proposed vacation. The date shall not be less than 15 days More after the initiation of proceedings. Newslettei 8321. (a) Ten or more freeholders may petition the board of MY Find L supervisors to vacate a street or highway under this chapter. At Email: F— least two of the petitioners shall be residents of the road district in which some part of the street or highway proposed to be vacated is Password: situated and shall be taxable therein for street or highway Keepmelogg( purposes. until I sign out. http://caselaw.1p.findlaw.com/cacodes/shc/8320-8325.html 10/22/2003 CALIFORNIA STREETS ANDDJIGHWAYS CODE SECTION 8320-8325 Page 2 of 3 (b) Five or more freeholders may petition the board of supervisors Signln to vacate a public service easement under this chapter. At least one of the petitioners shall be a resident of the township in which Forgot YourPass% the public service easement proposed to be vacated is situated. click here! (c) The residence address of each petitioner shall be set forth in New User the petition. (d) The board of supervisors may require the payment of a fee for Click Her filing a petition to defray the expenses of investigations, mailings, publications, and postings under this chapter. (e) Upon the filing of a petition and the making of the deposit, if any, required under this section, the board of supervisors, by order, shall fix the date, hour, and place of the hearing on the petition. At least two weeks before the day set for the hearing, the clerk of the board shall mail a notice of the date, hour, and place of the hearing to each of the petitioners at the address set forth in the petition. (f) Nothing in this section shall affect the right of a legislative body to initiate a proceeding under this chapter upon its own initiative, or upon petition or request of an interested person, or prevent the board of supervisors from vacating a street, highway, or public service easement without charging costs if the board determines it is in the public interest to do so. 8322 . (a) Except as provided in subdivisions (b) and (c) , notice of the hearing on the proposed vacation shall be published for at least two successive weeks prior to the hearing in a daily, semiweekly, or weekly newspaper published and circulated in the local agency conducting the proceeding and which is selected by the legislative body for that purpose or by the clerk or other officer responsible for the publication where the legislative body has not selected any newspaper for that purpose. '(b) If the proceeding is conducted by a city and there is no daily, semiweekly, or weekly newspaper published and circulated in the city, the notice shall be published in some newspaper published in the county in which the city is located. (c) Notice need not be published under this section where there is no daily, semiweekly, or weekly newspaper published and circulating in the county in which the local agency conducting the proceeding is located. i 8323. At least two weeks before the day set for the hearing, the legislative body shall post conspicuously notices of vacation along the line of the street, highway, or public service easement proposed j to be vacated. The notices shall be posted not more than 300 feet apart, but at least three notices shall be posted. If the line of the street, highway, or public service easement proposed to be vacated exceeds one mile in length, the legislative body may, in lieu of posting not more than 300 feet apart, post notices at each intersection of another street or highway with the street, highway, or public service easement to be vacated and at one point approximately midway between each intersection, but at least three notices shall be posted. http://caselaw.1p.findlaw.com/cacodes/shc/8320-8325.html 10/22/2003 CALIFORNIA STREETS ANWIGHWAYS CODE SECTION 8320-8 25 Page 3 of 3 8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. 8325. (a) The clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the recorder of the county in which the property is located. No fee shall be charged for recordation. (b) Upon such recordation, the vacation is complete. Previous Return to Ton Next [an error occurred while processing this directive] [an error occurred while processing this directive] LEGAL NEWS: Top Headlines•Supreme Court•Commentary•Crime•Cyberspace•International US FEDERAL LAW: Constitution•Codes•Supreme Court Opinions•Circuit Opinions US STATE LAW: State Constitutions•State Codes•Case Law in FdLaw RESEARCH: Dictionary•Forms•LawCrawler•Library•Summaries of Law LEGAL SUBJECTS: Constitutional•Intellectual Property•Criminal•Labor•more... RESOURCES; ' GOVERNMENT RESOURCES: US Federal US State Directories more... INTERNATIONAL RESOURCES: Country Guides•Trade•World Constitutions•more... 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(a) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation. 1 (b) A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following: !_ (1) Cut off all access to a person's property which, prior to relocation, adjoined the street or highway. (2) Terminate a public service easement, unless the easement satisfies the requirements of Section 8333 . # 1 e � 8330.5. (a) Subject to subdivisions (b) and (c) , the commission may retain, relinquish to a local agency pursuant to Section 73, or summarily vacate a state highway that has been superseded by FindLaw relocation. Newslettei (b) The commission shall not vacate a state highway unless the F Top Legal commission has first given a notice of relinquishment pursuant to Section 73 and the legislative body of the local agency has protested News Headlin within the prescribed 90-day period that the highway is not needed IlLegalGroi for public use and should be vacated by the commission. r--J Labor& (c) If vacation of a state highway would cut off all access to the Employment ) property of any person which, prior to relocation, adjoined the highway, the commission shall either retain the highway or relinquish Youremail it pursuant to Section 73. Subscrib( More 8331. The legislative body of a local agency may summarily vacate a Newsletter street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. MY Find L (b) No public money was expended for maintenance on the street or Email: highway during such period. Password: r— Keep me logg( until I sign out. http://caselaw.1p.findlaw.com/cacodes/shc/8330-8334.5.html 10/22/2003 CALIFORNIA STREETS ANWIGHWAYS CODE SECTION 8330- 4.5 Page 2 of 2 8332. The legislative body of a local agency may summarily vacate a Signln street or highway pursuant to an agreement entered into with the department pursuant to Section 100.2 to close the street or highway Forgot Your Pass% at or near the point of its interception with a state freeway. click here! New User Click Her 8333. The legislative body of a local agency may summarily vacate a public service easement in any of the following cases: (a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. (c) The easement has been superseded by relocation and there are no other public facilities located within the easement. 8334. The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes. (b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another. 8334.5. Notwithstanding any other provision of this article, a street, highway, or public service easement may not be summarily vacated if there are in-place public utility facilities that are in use and would be affected by the vacation. Previous Retum to Top Next [an error occurred while processing this directive] [an error occurred while processing this directive] LEGAL NEWS: Top Headlines•Supreme Court•Commentary•Crime•_Cyberspace•International US FEDERAL LAW: Constitution•Codes•Supreme Court Opinions•Circuit Opinions US STATE LAW: State Constitutions•State Codes•Case Law FindLC(WRESEARCH: Dictionary•Forms•LawCrawler•Library•Summaries of Law w� LEGAL SUBJECTS: Constitutional•Intellectual Property•Criminal•Labor•more... RESOURCES GOVERNMENT RESOURCES: US Federal US State Directories more... INTERNATIONAL RESOURCES: Country Guides•Trade•World Constitutions•more... COMMUNITY: Message Boards•Newsletters•Greedy Associates Boards TOOLS: Office•Calendar•CLE•Email-West WorkSoace•FirmSite•Toolbar Advertising Info•Add URL•Help•Comments Jobs@FindLaw•Site Map Company I PrivacyPolicy I Disclaimer Copyright©1994-2003 FindLaw http://caselaw.1p.findlaw.com/cacodes/shc/8330-8334.5.html 10/22/2003 CALIFORNIA STREETS ANJIGHWAYS CODE SECTION 8335-8 36 Page 1 of 2 FindLaw I Legal Professionals I Students I Business I Public I News E-mail@Justice.co RadL- aw eSt-,l Is your case still good for Legal Professionals errck Here- Cases&Codes I Forms I Legal Subjects I Federal I State I Library I Boards Law Firm FirmSites I L< Lawyer Search F—L, or ZIP State IF--I actice Area �fr= Find FindLaw FindLaw: FindLaw California : Codes and Statutes : California Code : Streets and Highways Code Click Her( e California Codes o California Streets and Highways Code ■ STREETS AND HIGHWAYS CODE SECTION 8335-8336 Thousands 8335. (a) The legislative body may vacate a street, highway, or public service easement pursuant to the authority provided in this 'iporat " chapter by adopting a resolution of vacation. CoUnsel (b) The resolution of vacation shall state all of the following: (1) That the vacation is made under this chapter. Attorney (2) The name or other designation of the street, highway, or public service easement and a precise description of the portion Can'tBe I* vacated. The description of the portion vacated may be by a precise map which is recorded or to which reference is made in the resolution and which is permanently maintained by the public entity. (3) The facts under which the summary vacation is made. If the vacation is made pursuant to Section 8332, the statement shall include the date of the agreement. The resolution is prima facie evidence of the facts stated. Findl-aw (4) That from and after the date the resolution is recorded, the Newslettei street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement. EJ Top Legal News Headlin Legal Grol DJ Labor& 8336. (a) The clerk shall cause a certified copy of the resolution Employment) of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in Youremail the office of the recorder of the county in which the property isSubscrb located. No fee shall be charged for recordation. (b) Upon such recordation, the vacation is complete. More Newslettei Previous Return to Top Next MY Find L Email: Password: rl Keep me loggi until I sign out. http://caselaw.1p.findlaw.com/cacodes/shc/8335-8336.html 10/22/2003 CALIFORNIA STREETS ANDJIGHWAYS CODE SECTION 8335-8336 Page 2 of 2 Sign In Forgot Your Passi click here! New User Click Her. [an error occurred while processing this directive] [an error occurred while processing this directive] LEGAL NEWS: Top Headlines•Supreme Court•Commentary•Crime Cyberspace•International US FEDERAL LAW: Constitution•Codes•Supreme Court Opinions•Circuit Opinions US STATE LAW: State Constitutions•State Codes•Case Law �I Ti RESEARCH: Dictionary•Forms•LawCrawler•I Libra Summaries of Law LEGAL SUBJECTS: Constitutional•Intellectual Property•Criminal•Labor•more... RESOURCESGOVERNMENT RESOURCES: US Federal•US State•Directories•more... INTERNATIONAL RESOURCES: Country Guides•Trade-World Constitutions•more... COMMUNITY: Message Boards•Newsletters•Greedy Associates Boards TOOLS: Office•Calendar•CLE•Email West Workspace•FirmSite•Toolbar Advertising Info•Add URL•Help•Comments JobsQa FindLaw•Site Map Company I Privacy Policy I Disclaimer Copyright©1994-2003 Findl-aw http://caselaw.1p.findlaw.com/cacodes/shc/8335-8336.html 10/22/2003 • Page 1 of 1 Betts, Steve From: Baker, Joseph Sent: Monday, October 20, 2003 8:51 AM To: Betts, Steve Subject: RE: Maehl Abandonment Steve, I reviewed the staff report and find it to be satisfactory. I will forward it to legal counsel for a legal review. Thanks... .Joseph W. Baker Planning Manager Butte County Department of Development services (530)538-6572 joseph.baker@buttecounty.net -----Original Message----- From: Betts, Steve Sent: Friday, October 17, 2003 2:06 PM To: Baker, Joseph Subject: Maehl Abandonment Joe, Attached is the agenda report for the Maehl Abandonment project. This project has not been through IDR review yet, and I am not sure if it even needs to go to the IDR because it is a public works project. -S- Stephen Betts Senior Planner Butte County Planning Division 7 County Center Drive, Oroville, CA 95965 Desk- (530) 538-7153 Fax —(530)538-7785 10/20/2003 PATMEwr 0A, o�UT7r' 1 0 0 INTER-DEPARTMENTAL MEMORANDUM 00 O 0 PUBLIC WORKS DEPARTMENT 0 0 �ouNy S A�eILIC WOP� TO: YVONNE CHRISTOPHER, DIR. OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION CA's PUBLIC WORKS r BUTTE COUNTY SUBJECT: PROPOSED ABANDONMENT OF A PORTION OF SEP 1 1 2003 A PUBLIC UTILITY EASEMENT (PUE), ABN 262.047, AP 065-400-015 DEVELOPMENT SERVICES DATE: SEPTEMBER 11, 2003 Attached for your staff's review and further action is a copy of a petition for oabandonment of a portion of a Public Utility Easement (PUE) along with plats delineating the subject area. The $262.00 abandonment-processing fee has been paid. Please have the proposed abandonment submitted to the Planning Commission at the earliest opportunity, to be considered in regard to the findings that the project is categorically exempt from environmental review and the proposed abandonment is in conformance with the Butte County General Plan. Following Planning Commission action our department will further process the abandonment with County counsel and N/� the Board of Supervisors. seDlops Copies of the letters from the utilities are also.attached. la �s t SvJ Please advise us of the schedule of processing by your department and provide us a copy of the Planning Commission minutes documenting the Commission's.action. All correspondence should be addressed to Stuart Edell, Manager, Land Development Division, Butte County Public Works, 7 County Center Drive, Oroville, CA 95965. If additional information is required, please contact me at your convenience. Attachments — - cc: all w/attachments y Mike Crump, Director of Public Works (File 262.047) Rhonda Maehl,.Coldwell Banker, 14122 Skyway, Suite B, ulok Magalia, CA 95954 T" .111 LCI 7020 SKYWAY O ra PARADISE,CA 95969 BUS.(530)877-6244 TOLL FREE 1-800-794-1199. PONDEROSA FAX(530)877-5460 REAL ESTATE 14122 SKYWAY,SUITE B O MAGALIA,CA 95954 BUS.(530)813-7640 F,%X (510)871-764? June 17, 2003 Mr. Stewart Edell Butte County. Public Works Land Development pivision #7 County Center Drive Oroville, CA 959657 Re: Proposed Abandonment, northerly 10 feet of Lot 159, Paradise Pines Unit 3 APN: 065-400-015, Pinehurst Way, Magalia Dear Mr. Edell: The purpose-of this letter is to finalize the process of PUE abandonment of the above- mentioned property. From our understanding all that is required at this time is release from each utility company allowing the abandonment and a legal description of.the subject property. The releases are enclosed. Following is the legal description: If you could provide tree with a th-neline for finalization of the above, it would be greatly appreciated. Please contact me at 873-5482 at your earliest convenience. Sincerely, Rhonda Maehl Realtor Agent for property owner, Richard Polens Enclosures RECEIVED JUl 1 1 2003 C:Wocuments and Settings\CB MagaliaN Documents\RhondWs Documents\Pinehurst PUE Abandonment.doc Each Office Is Independently Owned And Operated. COUNTY Of SIML y LAND DEVELOPMEM Ct SBC California 4434 Mountain Lakes Blvd Redding,CA 96003 (530)229-2024 May 7, 2003 Rhonda Maehl Coldwell Banker Ponderosa Real Estate 14122 Skyway, Suite B - Magalia, CA 95954 RE: Abandonment of P.U.E. on the northern border of 15038 Pinehurst Way, Magalia. Dear Ms. Maehl: It appears that there are no SBC facilities located in the,proposed abandonment area. Therefore, please be advised that SBC has.no objection to the proposed abandonment without reservations. . If you have any questions, please call me on (530) 229-2024. Sincerely, Bruce McPhee Public Works Manager Enclosure RECEIVE® JUL 1 1 . 2003 COUNTY of sur-i t LAmDDEVELOPMENT ON D 0V-6 O, he 7-7 7 . 07 67 nm tvO o oz 7 nd,02 Q�X6zz — til .9� O N \Ao ag/ 1 � pp o _VT a SCALE M 1110 OF AN INCH , 2 3 4 5 6 -800-345-73314. V w o PARADISE, PINES' UNIT NO. 3 65-40 w o PTN, N. E //4, SEC: /4, T23N, R3E I W \ I i LU LL 141 1 _ ►.. I I \ 117 I /45.39 D .97 53.a0 Olds 11/{/) p• q 90.08 3 - 125.00 101.330 01.33 [� tI I BP•17 - O e�B(A Y1 3 o � 80.50 140.00 m 1PB ,�, 174 IP6 :47.02 /75 .S'6 I 124 w m m (169'0 J2 (512! q R,27f`` -/n2d' .23.78 1��b O' f 123 a a. O 4 PO ODO /2239 Q4 ,p T•l� o ROl°5d•3/"E 8 122 m g O 95.00PINE' 145.00 J'J - 90 00 B 0 2 /N E• 176 - O O 00' N 43.?4 12296 87. 67./7 �+ . n 25 39 ',4a g0. 87.28 R,20' 0921.Hr m R,2d +Rim. g0.d0 100.00 2B R+80:• NI'P 0 00 125.00 ` + / 3 T W I N 100.00 o '�i /60 O � � 0 /2 . ?3/1 15 i Q 1 0 O p 129 a' . � ' 165 $I - /7i PARCEL 'g"O q 4 100.0 O o 150 1500067 ` N, pp"MI O o 101.9 25 - d 119• ° 7 m 125.00 m 11.79 00 131 - 0 86.00 03 420.00 3 p1, pop . R•PO ,R.�. O 0q 132 n 100.00 00 �W 11b, R4 - 4! C) 2J /33 Q 10 00 6.00 96. m..o /59 ."3 a m l72 O Q IM °. . ,�. '4 � 134 n 00� 9 a 141 N�. .20� ' v., � /3166 m 8 O l45 00 m 4 �� p0 86:00 140 /6 i�'..R 143.13 N0°09 0 . 00• o 9 �. /21.92 9 f39 uS 7 y;70. t °d 6.Oj'w 0 1 0.0 v . N°{ 23 42 „ /\ 79.90 4242 04.79 /3H m - O 96.00 `1 II <5p0 9 £ c] 'i N N '600 O 179 !B /45.00 ..i 13? ® 0 0 /31 ��� 2! 00 . 22. O m R120'`J ¢. 96p0 L)f? 145:00 I: El Q �� �--- I ` 1 1 P-9Assessor's Mop No. 65-40 PARAB/SP P/RE5 war R0.5, 31@4R 78,79,8481,B BP, REC 6-/7.70 County of Butte, CaNL �r (57-62) tl t v 06 S p j f s BZaO; V ,049 oil o woi ,6s "vL a, , qz '9Z 71ZO,VE 17 1I •_ � oZ�, � HOZ�� INN 0 SZ nd oz OZ �,,/S• % *00' o f4. . l � h� Ar Apr-29-2003 11:27am From-ACCOUNTING-4 FINANCE CENTER . 5308947645 T-069 P.002/002 F-445 April 29, 2003 DEL ORO WA'1-R COMPANY Mr. Richard Polens 15055 Twin Pine Road. Magalia, CA 95.95.4 Be: Abandonment of Easements-P-3-160 (APN 065-400-415) (APN 065400-016) Dear Mr. Polens: The Del Oro Water Company, Inc. hereby abandons their interest in the ten (10) foot public utility easement lying within the north line of APN 065-400-015 and the ten (10) foot public utility easement lying within the south line of APN 065-400-016. iO cerely, BERT S. FORTINO President RSF:cf 426 BROADWAY.SUTE 301 CHICO,CAUJFORMA 95926 TEL•530 894-1100 RECEIVED FAX--530-W4-7645 JUL 1 1 2003 COUNTY UF BUM LAND DEVELOPMEW{;i' Pacific Gas and Electric Company 460 Rio Lindo Avenue Don Chambers Chico,CA 95926 Chico Land Rights Office 530/894-4423 FAX 530/894-4414 March 26, 2003 Rhonda Maehl Ponderosa Real Estate 14122 Skyway, Suite B Magalia, CA 95954 RE: Proposed Abandonment,northerly 10 feet of Lot 159, Paradise Pines Unit 3,APN: 065400-015,Pinehurst Way,Magalia Dear Rhonda: I have been asked to provide comments regarding the subject abandonment. It appears that there are no PG&E facilities within the proposed abandonment area. Therefore,please be advised that Pacific Gas and Electric Company(PG&E)has no objection to the proposed abandonment without reservations. If any construction activities are proposed within the subject area,please have the contractor contact the Underground Service Alert(U.S.A.),telephone 1-800-227- 2600, at least two working days prior to such work. If you have any questions,please call me in Chico at 894-4423. Sincerely, Donald W. Chambers Land Agent (file: Poleris.doc) RECEIVED J U L 1 1 2003 c0u�7 OF aunt: . LAND DEVELOPMENT DIV. alts,•.• '.,gyp c• ....i of fT �� Y ...r T °F• ...�s .'_' S �� t.� _ r•.v+�Rh�_'=Kq"r , -S6B:Q'3'�i29.:E.tiuy 4oeY'�� '" }+ ,t9.S OO? T•; ^a 4v8500, 4Zt 'kt r 'i x~. h. '� r',v +7�' t r.. "�'] �i ^1 t4+. Q ' t r 'wr• :rJ T .Zt,• �, t l tt_ 1. :�. m r :d. 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