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Home My WebLink AboutABAN 95-65_PLANNING 5 � IUV� � � EII� �IIIVI� � u� II� V �� II SEPARATOR-SHEET avry OSI0`0 PROJECT oQo,eRNUMBER /1�rSm�1 RS- 65 Assigned # For Time Accounting 95-65 AP# 059-060-047 & 059-230-026 thru 029 - LEWIS, Everett - Abandonment INITIALS DATE TIME ACTIVITY CODE DK g, Vill I I OTHER COSTS 1 8 RESP THIS SHZZT 09 TOP OF FILE! PROJECT SUMMARY SHE ? FILE NO 95-65 PROJECT TYPE: Abandonment APPLICANT; Everett Lewis ADDRESS; � , �dX a V,;2-1C S � 0�2,yo2 OWNER; Diamond Lands Corp.., William Gordon, Lewis Everett, Donald Meyer & Earl Ickes ADDRESS; REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION; Request for abandonment of a sanitary sewer easement. PROPERTY ZONED: TP-160, U LOCATED: On the south side of Skyway and Cana Point Road. 059-060-047 & AP NO.: 059-230-026 thru 029 TOWN/AREA: Stirling City GENERAL PLAN DESIGNATION; Timber-Mountain 1. Application Complete: Amount: Receipt No.: 9. Comments sent to: 3. Comments received from: 4. Rezone Petition Signatures Checked: S. Melling UstlUad-In Sheet: 0. Assigned To: I. Environmental Determination: Categorical Exemptlon-CEOA# Stats Clearinghouse No.: � . _Negative Declaration _MlUgated Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen.Rule Ex.-CEOA #i15061.(bx3) Other S. Staff Report: Project Video: 9. Clearinghouse circulation required:Yes No Date Sent to SCH: 10: Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: 17 12. Newspaper Publication Date: /� O C P (i B R 13. Planning Commission Hearing(s): Z22- — [4L 9, 0Z 4 A7 • Action taken• Special Conditions: Commission Resolution No. 14. Board of Supervisors'Headng(s): Action taken: Board Resolution No.: Ordinance No.: Adopted: 1S. Type Use Permlt/Send for Signature: 16. N.O.EJN.O.DJAPPENDIX G: Fish&Game Fees Paid: Yes No 17. Send validated Use Permit: Is. Assessor's Memo: 19. Copy of Use PermlWarlance to Planning Technician: r 94-371 Public hearing - Everett Lewis abandonment of a sanitary sewer easement on property zoned TP-160 (Timber Preserve - 160 acre parcels) and "U" (Unclassified) , i property' located on the south side :of Skyway and Cana ' 'Point Road, identified as AP 059-060-047 and 059-230-026 through 029, , Stirling City - action requested - ADOPT i RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1873) MOTION: -.I MOVE TO ' APPROVE THE APPLICATION FOR ABANDONMENT OF THE SEWER EASEMENT ON APN 059- 060-047 AND 059-230-026,=° -027, -028 AND -029 BASED - •- ON THE FOLLOWING FINDINGS: ENVIRONMENTAL FINDINGS: A. THE PROJECT IS CATEGORICALLY EXEMPT - FROM . ENVIRONMENTAL REVIEW; GENERAL PLAN FINDINGS: A. THE j1 PROPOSED ABANDONMENT WILL NOT CONFLICT WITH THE BUTTE COUNTY -GENERAL PLAN; ' AND B. THE PROPOSED ABANDONMENT OF THE SEWER EASEMENT IS NOT NEEDED FOR ANY COUNTY PUBLIC WORKS PROJECTS OR ANY PUBLIC UTILITY FACILITIES; ACTION: A. SUBJECT TO THE ENVIRONMENTAL AND GENERAL PLAN , FINDINGS, THE BOARD OF SUPERVISORS FINDS THAT THE ABANDONMENT FOR EVERETT LEWIS, ET AL. , IS IN CONFORMITY WITH THE BUTTE COUNTY GENERAL PLAN; AND B. ADOPT -RESOLUTION 94-143 APPROVING THE 'ABANDONMENT OF THE SEWER EASEMENT IDENTIFIED AS APN 059-060 047 AND 059-230-026, -027; -028 AND -029 FOR EVERETT LEWIS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - December 13, 1994 F 'v.r� _ _ �Y �et.:e� `{�' 't.yt;a. TffTdd``��•1., (•�.,�^i �� ~r ',�� ' w �� .4-.1 .� �+d l�>r'_`� 1 4. Everett Lewis, = abandonment of a sanitary sewer - easement.�:: on' property ' zoned - TP-160 (Timber Preserve' " - 160 :,_'acre r,parcels).. , and "U" (Unclassified) ,: property",located .on the south side of Skyway and Cana Point - Road,- 'identified as AP 059-060-047 and 059-230-026 through 029; Stirling City..,-.,action requested..- ADOPT RESOLUTION 94-126 SETTING. A'..PUBLIC HEARING . FOR`.DECEMBER '13, 1994 10:15 'A'.M. AND `AUTHORIZE THE CHAIR TO SIGN. .,„,�BUTTE�-COUNTY-BOARD,OF `SUPERV'fiSORS µMINUTES,tx l ' Novembe 8, 1994 �_ � .. f 2. Everett Lewis -Abandonment of a sanitary sewer easement located_ on the south side of Skyway and China Point Road, identified as AP 059-060-047 and 059-230-026, 027, 028, and 029, in the Sterling City area. (SH) (File #95-65) Mr. Hogan submitted new location maps showing the five parcels involved stating that there are five different owners. It. was moved by Commissioner Lynch, seconded by Commissioner Seegert, and unanimously carried for approval as follows: Section 1 : Environmental Findings. A. The project is Categorically Exempt from environmental review; Section 2: General Plan Findings. A. The proposed abandonment will not conflict with the'Circulation Element of the Butte County General Plan nor any other element of the General Plan; and B. The proposed abandonment of the sanitary sewer easement is not needed for any County Public Works projects or any public utility facilities; and Section 3: Action A. Subject to the findings indicated in Sections 1 and 2 above, the Planning Commission finds that the Abandonment for Everett Lewis is in conformity with the Butte County General Plan. BUTTE COUNTY PLANNING COMMISSION MINUTES - October 27 , 1994 f • AGENDA REPORT AGENDA ITEM TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Hackney, Associate Planner DATE: October 3, 1994 — REQUEST: Abandonment of a sanitary sewer easement,APN 059-060-047 & 059-230-026, 027, 028, & 029: Located on the south side of Skyway and China Point Road, in the Sterling City area. RELATED ITEMS: None FOR: Planning Commission Meeting ABSTRACT: This is an application for the abandonment of a sanitary sewer easement located in the Sterling City area. Staff finds the abandonment request is in conformance with the General Plan. PROJECT CHARACTERISTICS: The sanitary sewer easement is a 20 foot wide sewer easement lying within the Town of Sterling City as described in the deed to Butte County, recorded in Book 1075 of Official Records, at pages 465 through 467. ANALYSIS: According to California Government Code Section 65402, the abandonment of property must be in conformance with the General Plan. This request is in conformance with the Butte County General Plan and will not conflict with any adopted or proposed element of the General Plan. This easement is not needed for any County Public Works projects. No utility concurrence is required. ENVIRONMENTAL DOCUMENTATION: This project has been determined by the Secretary of Resources to be Categorically Exempt under the California Environmental Quality Act Section 15305(d). FINDINGS: Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Section 2: General Plan findings. ■ Butte County Deparment of Development Services - Planning Division ■ 1 f AGENDA ITEM A. The proposed abandonment will not conflict with the Butte County General Plan; and B. The proposed abandonment of the sanitary sewer easement is not needed for any County Public Works projects or any public utility facilities;.and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, the Planning Commission finds that.the Abandonment for Everett Lewis is in conformity with the Butte County General Plan. 0 ■ Butte County Deparment of Development Services - Planning Division ■ 2 s C.. AD � U FILr. � 30 Day Review Period Encs SCI Review Period Ends i OUTGOING ACTIVITY Daze Ageac:,r on r • f y � i 1 I I i I 1 �.. ,� i I L: 059 230 033 000 STATUS: ACTIVE HILGEMAN CHARLOTTE ANN SS P 0 BOX 130 STIFLING CITY CA 95978-0130 L: 059 230 034 000 STATUS: ACTIVE WAGNER LEON R & KAREN J JT , P 0 BOX 328 �� STIRLING CITY CA 95978 L: 059 230 037 1%ffh-1 STATUS. ACTIVE SHELTON EDWARD ETAL 14626 LARTER LN MAGALIA CA 95954 L: 1:159 230 011 000 STATUS: ACTIVE _ MCLEAN JAMES EDWIN (DEC'D) REV TRUST SULLIVAN DANIEL JOHN 2727 MARINA BLVD #213 SAN LEANDRO CA 94577 , L: 059 230 012 000 STATUS: ACTIVE MCLEAN JAMES EDWIN (DEC'D) REV TRUST SULLIVAN DANIEL JOHN 2727 MARINA BLVD #213 SAN LEANDRO CA 94577 L. 059 230 013 000 STATUS: ACTIVE HUDSON VERNON L ETAL HUDSON DEBRA L P 0 BOX 129 STIRLING CITY CA 95978 L: 059 230 014 000 STATUS: ACTIVE RICE FAMILY TRUST RICE ROBERT K & VIRGINIA A TRUSTEES PO BOX 7 STIRLING CITY CA 95978 u L: 059 230 015 1100 STATUS: ACTIVE DARBY DAVID & LUANA P 0 BOX 216 STIRLING CITY CA 95978 o oll 0. L: 059 060 048 000 STATUS; ACTIVE ADAMICK JOHN S FAMILY TRUST ADAMICK. JOHN S & BONNIE TRUSTEES P 0 BOX 6366 . BURBANK CA 91510 L: 059 060 047 000 STATUS g ACTIVE DIAMOND LANDS CORPORATION 0 C/O RESOURCE DEPARTMENT P 0 BOX 697 ANDERSON CA 96007 L. 059 060 049 000 STATUS: ACTIVE BROCK STANLEY A & BETTY M P 0 BOX 87 STIRLING CITY CA 95978 L: 059 060 006 000 STATUS: ACTIVE RAMOS FRANK & CARMEN P 0 BOX 257 STERLING CITY CA 95978 L. 059 2311 026 000 STATUS: ACTIVE GORDON WILLIAM B & LOIS M JT F 0 BOX 36 STIRLING CITY CA 95978 . L: 059 230 027 t100 STATUS. ACTIVE • LEWIS EVERETT W 7848 CO RD 204 ORLAND CA 95963 Lt 059 230 028 000 STATUS-. ACTIVE MEYER DONALD R (CB DVA) PO BOX 72 STIRLING CITY CA 95978 ILI L! 059 230 029 000 STATUS: ACTIVE ICK.ES EARL J & MARGARET G P 0 BOX 152 STIRLING CITY CA 95978 L*- 059 230 030 000 STATUS c` ACTIVE ROLLINS GUSTAVE ETAL CAYLOR KERRY SUE P 0 BOX 31 STIRLING CITY CA 95978 f/ L. t359 060 048 000 STATUS: ACTIVE J. L' 059 230 033 000. STATUS: ACTIVE ADAMICK JOHN S FAMILY TRUST HILGEMAN CHARLOTTE ANN SS ADAMICK* JOHN S & BONNIE TRUSTEES F' O BOX 130 P 0 BOX 6366 BURBANK CA 91510 STIRLING CITY CA 95978-53130 L: 059 060 047 t%it%0 STATUS: ACTIVE L: 059 230 034 000 STATUS: ACTIVE DIAMOND LANDS CORPORATION WAGNER LEON R &KAREN J J T C/O RESOURCE DEPARTMENT P O BOX 697 P O BOX 328 ANDERSON CA 96007 STIRLING CITY L:A 95978 Li 059 060 049 000 STATUS: ACTIVE L: 059 23.0 5%,37 000 STATUS: ACTIVE BROCK STANLEY A & BETTY M SHELTON EDWARD ETAL P 0 BOX 87 14626 LARTER LN STIRLING CITY CA 95978 MAGALIA CA 95954 L. 1359 060 006 000 STATUS: ACTIVE L. 05P 23t!i 011 '000 STATUS: ACTIVE RAMOS FRANK* & CARMEN MCLEAN JAMES AMES EDWIN (DEC'D) REV TRUST SULLIVAN DANIEL JOHN P 0 BOX 257 '2727 MARINA BLVD #213 STERLING CITY CA 95978 SAN LEANDRO CA 94577 L-. yi59 2353 026 000 STATUS: ACTIVE L- 059 23f-;l 012 5300 STATUS: ACTIVE GORDON WILLIAM B & LOIS M JT ' MCLEAN JAMES EDWIN (DEC'D) REV TRUST SULLIVAN DANIEL JOHN P 0 BOX 36 2727 MARINA BLVD #213 STIRLING CITY CA 95978 SAN LEANDRO CA 94577 L% 1359 2313 5327 000 STATUS: ACTIVE L. 1359 2353 013 000 STATUS: ACTIVE LEWIS EVERETT W HUDSON VERNON L ETAL HUDSON DEBRA 1- 7848 7848 CO RD 204 P 0 BOX 129 ORLAND CA 95963 STIRLING CITY CA 95978 L. t%i59 230 028 53053 STATUS: ACTIVE L: 059 2303 (".j!4 000 STATUS: ACTIVE MEYER DONALD R (CB DVA) RICE FAMILY TRUST RICE ROBERT I:: VIRGINIA A TRUSTEES PO BOX 72 PO BOX 7 STIRLING CITY CA 95978 STIRLING CITY CA 95978 Li 059 230 029 000 STATUS: ACTIVE L- 059 235%i A15 56535%i STATUS: ACTIVE ICITES EARL J & MARGARET G DARBY DAVID Z. LUANA P 0 BOX 152 P 0 BOX 216 STIRLING CITY CA 95978 STIRLING CITY CA 95978 L: 059 230 030 000 STATUS: ACTIVE. • ROLLINS GUSTAVE ETAL CAYLOR TERRY SUE P O BOX 31 STIRLING CITY CA 95978 L: 059 060 048 000 STATUS: ACTIVE L: 059 230 033 000 STATUS: ACTIVE ADAMICK JOHN S FAMILY TRUST HILGEMAN CHARLOTTE ANN SS ADAMIC):. JOHN S & BONNIE TRUSTEES P 0 BOX 6366 F' 0 BOX 130 BURBANK CA 91510 STIRLING CITY CA 95978-0130 L: 059 060 047 000 STATUS: ACTIVE L: 059 230 034 (%iSi 0 STATUS: ACTIVE DIAMOND LANDS CORPORATION WAGNER LEON R & KAREN J JT C/O RESOURCE DEPARTMENT P 0 BOX 697 P 0 BOX 328 ANDERSON CA 96007 STIRLING CITY CA 95978 L: 059 060 049 5100 STATUS; ACTIVE L: 059 230 037 000 STATUS: ACTIVE BROCK STANLEY A y BETTY M SHELTON EDWARD ETAL P 0 BOX 87 14626 LARTER LN STIRLING CITY CA 95978 MAGALIA CA 95954 L; 059 060 006 000 STATUS: ACTIVE L: 059 230 011 000 STATUS: ACTIVE RAMOS FRANK F CARMEN MCLEAN JAMES EDWIN (DEC'D) REV TRUST SULLIVAN DANIEL JOHN F' 0 BOX 2257 2727 MARINA BLVD #213 STERLING CITY CA 95978 SAN LEANDRO CA 94577 L: 059 230 026 000 STATUS: ACTIVE L: 059 230 012 000 STATUS: ACTIVE GORDON WILLIAM B I LOIS M JT MCLEAN JAMES EDWIN (DEC'D) REV TRUST SULLIVAN DANIEL JOHN P 0 BOX 36 2727 MARINA BLVD #213 STIRLING CITY CA 95978 SAN LEANDRO CA 94577 L: 059 230 027 000 STATUS: ACTIVE L; 059 230 013 5100 STATUS: ACTIVE LEWIS EVERETT W HUDSON VERNON L ETAL HUDSON DEBRA L 7848 CO RD 214 P 0 BOX 129 ORLAND CA 95963 STIRLING CITY CA 95978 L: 059 230 028 000 STATUS: ACTIVE L: 059 230 014 4100 STATUS: ACTIVE MEYER DONALD R (CB DVA) RICE FAMILY TRUST RICE ROBERT K & VIRGINIA A TRUSTEES PO BOX 72 F'0 BOX 7 STIRLING CITY CA 95978 STIRLING CITE,' CA 95978 L: 059 230 029 000 STATUS: ACTIVE L: 059 230 015 000 STATUS: ACTIVE ICKES EARL J p MARGARET G DARBY DAVID & LUANA P 0 BOX 152 P 0 BOX 216 STIRLING CITY CA 95978 STIRLING CITY CA 95978 L: 059 230 030 000 STATUS: ACTIVE ROLLINS GUSTAVE ETAL CAYLOR KERRY SUE P 0 BOX 31 `' STIRLING CITY CA 95978 i i i - I i E r ��® 21q 0�0 • 120, - a ,.•�. �12pi-��-bSQ Qh01 (_h__0j=-0�0- I6G(j i x`'120 -O�,Z - bs0 s , t {.I 1 `� . � . , �� t �� . .. . - . '`.t +' - x -'..� � 4 _ �� .i _ .. r I i "� r �., _' .-� .; ., h - _ -� „�` fti./-v _ —_ .�-•a. _ •:L-�r-��Fir� -ate . - - Suite un y LAND GF NATURAL 'A, EA LTH AND oEAUT" DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 1916) 538-7601 FAX: (916)538-7785 December 14, 1994 Everett Lewis 7848 County Road 204 Orland, CA 95965 Re: Abandonment, File 95-65 Dear Mr. Lewis: At the regular meeting of the Butte County Board of Supervisors held December 13, 1994, Resolution No. 94-143 was adopted which abandons a sanitary sewer easement on property zoned TP-160 located on the south side of Skyway and Cana Point Road, identified as AP 059-060-047 and 059-230-026 through 029, Stirling City. For purposes of the California Environmental Quality Act, a Notice of Exemption must be filed. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division by December 20, 1994. Should you have any questions regarding this matter, please contact the Planning Division at 538-7601, between the hours of 8:00 a.m. to 4:00 p.m., Monday through Thursday. Very truly yours, Wil 'am Farrel .Development Services Director WF:lr APPENDIX A NOTICE OF MEM1 MON TO: Office of Planning and Research FROM:Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville,CA 95965 X County Clerk 1 County. of Butte 25 County Center Drive Oroville,CA 95965 89 7 " r DEC 20 1994 Project Title: ABANDONMENT i CANDACE J. GRUBBS, Butte Co. Clerk Assessor's Parcel No.: ..059-060-047 &059-230-026 duu 029 By R. Bakhoum Deputy Applicant: Everett Lewis Project Location-Specific: On the south side of Skyway and Cana Point Road. Project Location-City: Stirling City Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Abandonment of a sewer easement. Name of Person or Agency Approving Project: Butte County Board of Supervisors Exempt Status: (Check (One) Ministerial(Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type-and section number: 15305 (d) Reasons why project is exempt: Class 5 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, including but not limited to: (d) Abandonment of public utility or road easements and rights-of-way. Contact Person: Barry K.Hogan Telephone: (916) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: /1 Signature, Paula Leasure Principal Planner r • 1 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4). NAME AND ADDRESS OF APPLICANT Everett Lewis P.O. Box 242 Stirling City, CA 95978-0242 , CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF- EXEMPTION [X] A. Statutorily or Categorically Exempt $25. 00 Clerk's Documentary Handling Fee NOTICE OF DETERMINATION - NO FEES 2. [ ] A. DeMinimus Impact - Certificate of Fee Exemption $25. 00 Clerk's Documentary Handling Fee 3 . NOTICE OF DETERMINATION - FEE REQUIRED [ ] A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee [ ] B. Environmental Impact Report $850 State Filing Fee $25. 00 Clerk's Documentary Handling Fee 4 . [ ] OTHER (Specify) $25. 00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. [X] PAYMENT. The above fees have been paid. See attached receipt(s) . 2 . [ ] NON-PAYMENT. The above fees are required. Not paid. Chief Planning Official By: Barry K. Hogan Planning Manager Lead Agency: Development Review Committee TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE «.,.a x. �... >:. CHECKS PAYABLE TO THE COUNTY OF BUTTE:` •DATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC ZONING ENV OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS HEALTH RECEIPT 14579 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY n AGENDA REPORT AGENDA ITEM TO: Honorable Chair and Board of Supervisors FROM: Bill Farrel, Director of Development Services ;.O, BY: Barry Hogan, Planning Manager, t• DATE: Novermber 15, 1994 REQUEST: Abandonment of a sanitary sewer easement,APN 059-060-047&059-230-026, 027, 028, & 029-for Everett Lewis: Located on the south side of Skyway and China Point Road, in the Sterling City area. RELATED ITEMS: None. FOR: Board of Supervisors Meeting December 13, 1994. ABSTRACT: This is an application for the abandonment of a sewer easement located in the Sterling City area. Planning Commission has heard this case and recommends the Board approve this request. The sewer easement is a 20 foot wide easement lying within the town of Sterling City as described in the deed to Butte County, recorded in Book 1075 of Official Records, at pages 465 through 467. This request is in conformance with the Butte County General Plan and will not conflict with any adopted or proposed element of the General Plan.This easement is not needed for any County Public Works projects. No utility concurrence is required. The applicant has obtained the required signatures from ten or more property owners in the area. ENVIRONMENTAL DOCUMENTATION: This project has been determined by the Secretary of Resources to be Categorically Exempt under the California Environmental Quality Act Section 15305(d). RECOMMENDATION: Staff recommends that the Board of Supervisors concur with the Planning Commission and approve the application for abandonment of the sewer easement on APN 059-060-047&059-230-026, 027,028,& 029 based on the following findings. Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Section 2:General Plan Findings. A. The proposed abandonment will not conflict with the Butte County General Plan; and B. The proposed abandonment of the sewer easement is not needed for any County Public Works projects or any public utility facilities; and Section 3:Action. A. Subject to the findings indicated in Sections 1 and 2 of this report,the Board of Supervisors finds that the Abandonment for Everett Lewis,et al.,is in conformity with the Butte County General Plan;and B. Adopt a Resolution approving the abandonment of the sewer easement identified as APN 059-060- 047&059-230-026, 027,028, &029 for Everett Lewis Butte County Department of Development Services-Planning Division Ar 1 c AGENDA REPORT AGENDA ITEM TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan,.Planning Manager BY: Stephen Hackney, Associate Planner DATE: October 3, 1994 REQUEST: Abandonment of a sanitary sewer easement, APN 059-060-047 & 059-230-026, 027, 028,.& 029: Located on the south side of Skyway and China Point Road, in the Sterling City area. RELATED ITEMS: None FOR: Planning Commission Meeting ABSTRACT: This is an application for the abandonment of a sanitary sewer easement located in the Sterling City area. Staff finds the abandonment request is in conformance with the General Plan. PROJECT CHARACTERISTICS: The sanitary sewer easement is a 20 foot wide sewer easement lying within the Town of Sterling City as described in the deed to Butte County, recorded in Book 1075 of Official Records, at pages 465 through 467. ANALYSIS: According to California Government Code Section 65402, the abandonment of property must be in conformance with the General Plan. This request is in conformance with the Butte County General.Plan and will not conflict with any adopted or proposed element of the General Plan. This easement is not needed for any County Public Works projects.. No utility concurrence is required. ENVIRONMENTAL DOCUMENTATION: This project has been determined by the Secretary of Resources to be Categorically Exempt under the California Environmental Quality Act Section 15305(d). FINDINGS: Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Section 2: General Plan findings. I ■ Butte County Deparment of Development Services - Planning Division ■ 1 AGENDA ITEM A. The proposed abandonment will not conflict with the Butte County.General Plan; and B. The proposed abandonment of the sanitary sewer easement is not needed for any County Public Works projects or any public utility facilities; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, the Planning Commission finds that the Abandonment for Everett Lewis is in conformity with the Butte County General Plan. ■ Butte County Deparment of Development Services - Planning Division ■ 2 ' P6 'y Vo .l — Buck R °ad" _Ls _ ., R -&z uas ico��' �o woad` f \��i • ; er Ciee ?:".°,.,d 000, Reso�aP�Qt3` FL C t 01 � �aei o eek \��o �-el�w''pr• \ywv g�=�T��L J `.^ ��,q0' o J •^_ �cy� tr ay -Pd as d D fl - \ F°rest qc e deg '`' - d` -._.. ..._tip •pd �� — -- Ooe >>o , � Chico Creep t W, v \ ti' O xTO 9.da H town Rai 9a qac - Be ser Creek w> H,10%,wav m __ Rd. Creek- = o=�oe 4f G �0 _•_ Ce i m _ = "ter�il�e - _��. Ra Qeo�/Q� u��pp�d Sh �r. M-mr q0 .�'� 4. P� Kolar ra' hrddl�R'�a'�—y H Q y E p�0/' �� m Rd. Q`Q -• ��re, 4� e ''m Nimshew umR a c t`Waoo �� ...-Vofey "Creek'.., , q M cN d.tS pldt —PO o- rF, M t0 y o CO J'.F ��Oc� �� oNi � .�C �: � 3< �� Snaoo_w Ri ^_84 �"' - o zi jfttie--. r is Road Rd %bl, w e • -o o ° � y � � s� _ .i� �� uu6d s � t4orthleke _pond 1 �Ook? o R° (ro � Ftd. _ ��e J. Road •' / o eoc� •v Head De .o 46 m aj 30 H J 9 d ,Parkinson A = ' Ravine�� 0 L�,n eOl�lr" �Vn Rd. �'�e� - Lob Qom. IB Line Z p Cpl41C. ^ 3 t�ia n Concuw _ C� C h (?d �= 10 L,ej EST �— `Ojj� J.? �C 1J10a ..�F Linel -- Z fit, li. Fish COIF. ` 7 �'Or as ( ;nv � o c3 O ..1-o-y _ �• R oad oa�3 d ' %: 1 1 �J ° tOco J 'vJ o��37L m Zr Co4co� �' tBoc r��)�3 7s r �=J^ ,Hoou P �? ea1� boa /g 0(1 19 a' - Q 0 on,15 - to a �� e - f~p ree,� C aa� we '0..' �Po34 � sdNf;7 JL ,LNno R; �r� 'AO � I_ CD 'ago 0 N°= Ual3 m z 1 to 1 TP-160 Quartz Street 'ta treet TM-20 Southern Pacific ailRoad PROM LOCATION Skyway i i China Point Road TP-160 j BUTTE COUNTY PLANNING COMMISSION APPLICANT: Everett Lewis OWNER: Diamond Lands Corp.,Etal. HEARING DATE: October 27, 1994 @ 9:00am EXISTING ZONE: TP-160,U(Unclassified) REQUEST: Request for abandonment of a sanitary sewer easement. No Scale TASSESSOR PARCEL NO: 059-060-047+ FILE: 95-65 ........... u to oun E T H. A N D .3 E �j L A N D 0 F N A U R L DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916)538-7785 November 9, 1994 Everett Lewis 7848 County Road 204 Orland, CA 95965 Re: Abandonment, File 95-65 Dear Mr. Lewis: At the regular meeting of the Butte County Board of Supervisors held November 8, 1994, Resolution No. 94-126 was adopted giving notice of intention to abandons a sanitary sewer easement on property zoned TP-160 located on the south side of Skyway and Cana Point Road, identified. as AP 059-060-047 and 059-230-026 through 029, Stirling City. A public hearing has been set for December 13, 1994 at 10:15 a.m. The meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact this Department. Very truly yours, 4WU44-L William Farrel Development Services Director WF:lr t 1 R s s Resolufion No. 94-126 RESOLUTION GIVING NOTICE OF HEARING ON PETITION TO ABANDON A PUBLIC SERVICE EASEMENT (PORTION OF SANITARY SEWER EASEMENT, STIRLING CITY AREA) WHEREAS, this Board has received a petition from five or more free- holders, requesting the abandonment of a public service easement as described below, and at least one of the petitioners is a resident of the township in which said public service easement is situated; and WHEREAS, pursuant to Chapter 3 of Part 3 of Division 9 of California Streets and Highways Code, commencing with Section 8320, this Board shall set a date, hour and place for a hearing on the petition for abandonment. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors: 1. That this Board hereby gives notice that at its regular meeting on December 13 , 1994, at10:15a.m. , in the Board Chambers, Butte County Administration Building, 25 County Center Drive, Oroville, California, a hearing shall be. held to hear all persons interested in the abandonment of that certain public service easement which is located on the south side of Skyway and Cana Point Road in the unincorporated area of the County of Butte, in the Stirling City area, State of California, is on property identified as AP 059-060-047 and 059-230-026 through 029, and is more particularly described as follows: Being a portion of the 20 foot wide sewer easement lying within the Town of Stirling City, as described in the deed to Butte County, recorded in Book 1075 of Official Records, at Pages 465 through 467, being more particularly described as follows: Beginning at a point on the southeasterly right-of-way line of Skyway, said point bearing S 440 04' W 41 feet, more or less, from the most 1 northerly corner of Parcel 4, as shown on the Record of Survey recorded in Book 24 Maps of Record, at Page 45; thence along the centerline ,of said 20 foot wide sewer easement S 150 55' 20" E, 160 feet, more or less; thence S 740 02' 23" W, 289 feet, more or less to said southeasterly right-of-way line of Skyway and the northwesterly line of Parcel 1 of said Record of Survey and terminus of the herein described centerline of easement. 2. That a map showing the public service easement to be abandoned is on file in the Office of the Butte County Department of Public Works, 7 County Center Drive, Oroville, California 95965. 3. That at the conclusion of said hearing the Board intends to abandon said public service easement. 4. That this abandonment proceeding is being conducted pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code (commencing with Section 8320) . 5. That this Resolution be posted and published pursuant to the provisions of Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code. PASSED AND ADOPTED by the Butte County Board of Supervisors this 8th day of November , 1994, by the following vote: AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin NOES: None ABSENT: None NOT VOTING: None C ED MCLAUGHLIN,6thair of the Butte County Board of Supervisors ATTEST: JOHN BLACKLOCK Chief Administ tive Officer and Clerk of t Board By_La (sansewl.ntc) 2 ,�.. HeCount A !\J D 0 F N A T 1i R A 1 W E_ A L T H A iN A U PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965.3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 October 27, 1994 Everett Lewis 7848 County Road 204 Orland, CA 95965 Re: Abandonment, File 95-65 Dear Mr. Lewis: The Butte County Planning Commission held a meeting on October 27, 1994 and your request for abandonment of a sanitary sewer easement located on the south side of Skyway and China Point Road, identified as AP 059-060-047-and 059-230-026, 027, 028, and 029, Sterling City, was recommended for approval. The Board of Supervisors will be setting a public hearing and you will be notified of the date and time. The hearing will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact this office. Very truly yours arri Hog og M er J1 iga BKH:lr *OUNTT OF BUTTE -AGENDA TTEMJ*_ TO: BOARD OF SUPERVISORS FROM: Planning Div. , Development Services DATE 10/27/94 SUBJECT'. Abandonment - Everett Lewis - Abandonment of a sanitary sewer easement on property zoned TP-160 (Timber Preserve - 160 acre parcels ) and "U" (Unclassified) located on the south side of Skyway and Cana Point." Road, identified as AP 059-060-047 & 059-230=026 through 029 , Stirling City. SUMMARY OF REQUEST -ACTION REQUESTED: Adopt.:-:a Resolution setting a public hearing. Additional information attached: Yes No Describe N/A Previous Board action: Date iV/A Nfrnute Order Pd/A Summary of Action: 1,11 A Funding sources Current year cost Budgeted Yes No Annualized cost If also planned for next year Will proposal required additional personnel? Yes No State No._Permanent Temporary_Other_ Will proposal require a budget transfer? Yes No U yes, read the following. 1. Complete worksheet on back 2. Deadline is one business day prior to normal agenda deadline Administrative Office Approval: 415 Vote required Majority vote required SPECIAL INSTRUCTIONS TO CLERK Contact person: Stephen Hackney Telephone No: 7601 Ordinance Required_ Resolution Required X Minute Order Required_ Agreement?❑ Yes ❑ No Special distribution directions (copies attached): 1. 3. 2. 4. Return to department Legal publication and notification requirements: Publication: C; Clerk to Publish and Notice attached ❑Department Published and Affidavit attached Publish: ❑ Countywide ❑ Local (specify) Nurnber of times Days before hearing (Code Section) Notification: ❑ Clerk to mail Notice and Notice attached ❑ Department mailed Notice and Affidavit attached Notify: ❑ Countywide ❑ Local (specify) Number of times Days before hearing (Code Section) BUDGET TRANSFER REQUEST/WORKSHEET List each of the affected line items with regard to their current status: (As of } (date) Expenditures + Line item Budget Encumbrances To Date Balance TRANSFER REQUEST: AMOUNT LINE ITEM LINE ITEM Transfer S (no cents) from to Transfer S (no cents) from to Transfer S (no cents) from to Transfer S (no cents) from to Transfer S (no cents) from to Reason for request: INTER-DEPARTMENTAL MEMORANDUM TO: County Counsel FROM: Planning SUBJECT: Everett Lewis - Abandonment of a sanitary sewer easement on property zoned TP-160 and "U" located on the south side of Skyway and Cana Point road, identified as AP 059-060-047 and 059-230-026 through 029,Stirling City. DATE: October 27, 1994 Please prepare the necessary resolutions for the subject abandonment The Board will be. setting a public hearing date on November 8, 1994. The legal description is attached. Ar TO THE HC:70RABLE BOARD OF PERVISORS COUNTY OF BUTTE, CALIFO *DATE: ✓ 19 Dear Board Members: The undersigned, being more than five freeholders, at least one of whom is a resident of the township in which the easement proposed to be abandoned is situated, 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 SERVICE EASEMENT of the COUNTY OF BUTTE: SEWER EASEMENT AP #59-06-47 , 59-23-26 TO 29 Being a portion of the 20 foot wide sewer easement lying within the Town of Stirling City, as described in the deed to Butte County, recorded in Book 1075 of Official Records, at Pages 465 through 467 , being more particularly described as follows: Beginning at a point on the southeasterly right of way line of Skyway, said point bearing S 440 04 " W 41 feet, more or less, from the most northerly corner of Parcel 4, as shown on the Record of Survey recorded in Book 24 Maps of Record, at Page 45; thence along the centerline of said 20 foot wide sewer easement S 150 55' 20" E, 160 feet, more or less; thence S 740 02 ' 23" W, 289 feet, more or less to said southeasterly right of way line of- Skyway and the northwesterly line of Parcel 1 of said Record of Survey and term.innus of the herein described centerline of easement. Said map showing the sewer easement to be abandoned is on file in the Office of Butte County Department of Public Works, 7 County Center Drive, Oroville, California. 7 Signature Print Name Address - �' . Date G7' "�- �% - o -oz_, ~' Signature,"�Z" i ; �' Print Name Address T( ' "viy-,� SCJ`1, �: Date a l 1 `� Signature `:' ) ;-77 )^ /l Print Name: 17) • RESOLUTION GIVING NOTICE OF HEARING ON PETITION TO ABANDON A PUBLIC SERVICE EASEMENT (PORTION OF Sanitary Sewer EASEMENT) WHEREAS, this Board has received a petition from five or more free-holders, requesting the abandonment of a public service easement as described below, and at least one of the petitioners is a resident of the township in which said public service easement is situated; and WHEREAS, pursuant to Chapter 3 of Part 3 of Division 9 of California Streets and Highways Code, commencing with Section 8320, this Board shall set a date, hour and place for a hearing on the petition for abandonment. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors: 1. That this Board hereby ,gLives notice that at its regular meeting on 1997, at a.m. , in the Board Chambers, Butte County Administration Building, 25 County Center Drive, Oroville, California, a hearing shall be held to hear all persons interested in the abandonment of that certain public service easement located in the unincorporated area of the County of Butte, State of California, identified as 059-060-047 and 059-230-026 through 029 and more particularly described as follows: (property description) • • 2 . That a map,. showing the public service easement to be abandoned is on file in the Office of the Butte County Department of Public Works, 7 County Center Drive, Oroville, California 95965. 3 . That at the conclusion of said hearing the Board intends to abandon said public service easement. 4. That this abandonment proceeding is being conducted pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code (commencing with Section 8320) . 5. That this Resolution be posted and published pursuant to the provisions of Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code. PASSED AND ADOPTED by the Butte County Board of Supervisors this day of , 1994/, by the following vote: AYES: NOES: ABSENT: NOT VOTING: 7Xe Chair of the Butte County Board of Supervisors ATTEST: hief Administrative Officer and Clerk of the Board By RESOLUTION ABANDONING A PUBLIC SERVICE EASEMENT (PORTION OFSanitary Sewer EASEMENT) WHEREAS, this matter came on regularly for hearing before the Board of Supervisors of the County of Butte, State of California, on , 199 in the Board Chambers, Butte County Administration Building, Oroville, California; and, WHEREAS, it appearing to said Board that notice of the time and place of the hearing on the petition for the abandonment of the public service easement in question was duly and regularly given as required by law; and, WHEREAS, testimony and evidence, both oral and documentary, having been produced at said hearing, from which said Board now finds that the hereinafter described public service easement is unnecessary for present or prospective public use. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. That the public. service easement situated in the County of Butte, State of California, as hereinafter more particularly described, is hereby abandoned pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code (commencing with Section 8320) . 2. That said public service easement so abandoned is located in the unincorporated area of the County of Butte, State of California, is identified as 059-060-047 and 059-230-026 through 029. , as more particularly described as follows: (property description) 3 . That a map showing the public service easement hereby abandoned is on file in the Office of Butte County Department of Public Works, 7 County Center Drive, Oroville, California 95965. 4. That the Clerk of this Board shall cause a certified copy of this Resolution, with the seal of the Board of Supervisors of the County of Butte, State of California, to be recorded in the office of the Recorder of the County of Butte, State, of California. PASSED AND ADOPTED by the/Butte County Board of Supervisors this day of , 199f1 by the following vote: AYES: NOES: ABSENT: NOT VOTING: • Chair of the Butte County Board of Supervisors ATTEST: Chief Administrative Officer and Clerk of the Board By (notice2.res) =iii PTS. a eu re Inter-Depart ; o emorandum To: BARRY HOGAN, PLANNING MANAGER FROM: ,,Jg) RON MCELROY, ASSISTANT DIRECTOR OF PUBLIC WORRS SU BJ ECT'ABANDONMENT - 20' SANITARY SEWER EASEMENT - STIRLING CITY AP 59-06-47, 59-23-26 THROUGH 29 DATE: SEPTEMBER 15, 1994 Attached is a petition for abandonment for a sanitary sewer easement across the above noted parcels. No utility concurrence is required. The $262 . 00 'Planning Division fee has been paid. Please process the proposed abandonment in the appropriate manner, addressing all correspondence to Everett Lewis, 7848 County Road 204, Orland, CA 95963 . Attach. i Planning Department SEP 19 1994 orovitie,Celiiomta ` p � i � - PETITO FOR ABANDONMENT OF PUBLIC SERE EASEMENT TO THE HGNORABLE BOARD OF SUPERVISORSC� COUNTY OF BUTTE CALIFORNIA DATE: 19� Dear Board Members: The undersigned, being more than five freeholders, at Least one of whom is a resident of the township in which the easement proposed to be abandoned is situated, 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 SERVICE EASEMENT of the COUNTY OF BUTTE: SEWER EASEMENT AP #59-06-47 , 59-23-26 TO 29 Being a portion of the 20 foot wide sewer easement lying within the Town of Stirling City, as described in the deed to Butte County, recorded in Book 1075 of Official Records, at Pages 465 through 467, being more particularly described as follows: Beginning at a point on the southeasterly right of way line of Skyway, said point bearing S 440 04' W 41-1feet, more or less, from the most northerly corner of Parcel 4 , as shown on the Record of Survey recorded in Book 24 Maps of Record, at Page 45; thence along the centerline of said 20 foot wide sewer easement S 150 55' 20" E, 160 feet, more or less; thence S 740 02 ' 23" W, 289 feet, more or less to said southeasterly right of way line of Skyway and the northwesterly line of Parcel 1 of said Record of Survey and terminus of the herein described centerline of easement. Said map showing the sewer easement to be abandoned :is on file in the Office of Butte County Department of Public Works, 7 County Center Drive, Oroville, California. Signature Print Name /n 6CI N Address Date �' �f G - • 30 -OLG �ZZSignaturel&e Print Names Address t�� ik/ �^ Date �_ r4� Signature Print Miami. �. l�Q ~ • "X'Gd�y � �/ Address ate_ - - 9el 0,s'9-7,Y • OZs� Signature Print Name"QAIM AddressLlb Date 9 y o - Z30-6 2.8 Signature Print Name g T— C k Ecs ,x Address /� l rJ C. Date _ ! 059-230" 62.9' '---..,Signature � Print Name _ � GE;Zc1GC� Address _794 ?' ® �/~L4D_at:e �� G S'9 ' 23o GZ7 �RO. Safc Refer>?'ed To Date 1994 0 , t A O / 59 - 23 /00 90 o /8 /9 PTN RIM 4693 O -- L AUREL- S 1.5° 55' 20 E 0 �ilO�s�� /25 150 /54 50 40 �BANOONA�EAir 5 N 17 n 37 Q 29 CG 40 GF SURVEY - M.G.R. 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URAL �NE A L T H AND BE'q;ULT:;,Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 October 10, 1994 FAX: (916)538.7785 Everett Lewis 7848 Country Road 204 Orland, CA 95963 Re: Abandonment, File 95-65 Dear Mr. Lewis: Enclosed is a copy of the report concerning your request for the abandonment of a sanitary sewer easement, located on the south side of Skyway and China Point Road, identified as AP 059-060-047 and 059-230-026, 027, 028, and 029, in the Sterling City area. You request will be considered at the regular meeting of the Planning Commission on October 27, 1994. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California and is scheduled to begin at 9:00 a.m. 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. In the event that no one will represent the applicant, please contact the Planning office prior to the scheduled public hearing. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Barry K. Hogan Planning Manager Steph n Hackney Associate Planner SH:Ir Enc. UW SOW �7 RoVol ico -'Road Ch�o Busyy 9 Z ad y�t�; •i W deer n CrwenkT `esoj3,P c .` ^oJsd\a `aWVtRd �� 0. \ =nw �r O GfP� qy OOoe z j�..� ndPO� \ on_8 'P!i D R y 1/e .1�ao a°aot� Forest qc �t Y 9 00) — -- OoP >> o`k�`' s Chico 'reek 9°d towCr a _ _ MT _ a Helln �R9pn Oeer -♦ 8 a e�S eek w cahWarr. = Rd. 4tre 0 b ae > H V _ m _ _ ��.... 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Y. 8 LOT NUMBERS SHOWN _,.... . ng IN.CIRCLES —loon ci c - i1ac� 93-26 59- — ' - T 24 N. R 4 :M DB M. F P - o� Tax Area Code �3--C 03 A. Ole A CLEMETEW 185.20AC. - i rPM4\,-,, : 62/.4 Aa / D'Ac �\ N�. A0 5ACS-,- 28. Aklt iI S E/ 4-49 17- - -'� / r P/874-4- ?: snAc 607.46AC- /4 4-9.31ACPt 872-4-29-3 /5 qC 602 72 Aa /6 A 872-4-29-1 .SSE 872-4 � Y 4 /p 80 Ac. • BK 58 Assessor's Map No.159-06 NOTE—ASSESSOR'S PARCE BLOCK & LOT NUMBERS SHOWN County" Of BUtte, Calif. IN CIRCLESSEP T /960 RIS //24172 39 M.O.R. 32 REVISED: 10- 93 i