HomeMy WebLinkAboutABAN 97-02_PLANNING Le
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'*' .PROJECT SUMMARY SHEET °,.
FILE#: ABAN 97-02 PROJECT TYPE: Abandonment
APPLICANT: L.E. Kirby
ADDRESS: 4688 Foothill Boulevard,Oroville,CA 95966
OWNER:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
PROJECT DESCRIPTION:Abandonment of a portion of Foothill Boulevard,Wyandotte
PROPERTY ZONED: LOCATED:
AN: \Gtr I6115 0'5(0'33O TOWN/AREA: Oroville
GENERAL PLAN DESIGNATION:
10�1- l0
1. Application complete:June 4,1997 Amount: $262.00 Receipt#:
2. Comments sent to:
3. Comments received from:
4. Rezone Petition Signatures Checked:
5. Mailing List/Lead-in Sheet:
6. Assigned To: 5
7. Environmental Determination:
State Clearinghouse No: Categorical Exemption-CEQA#
Negative Declaration
Mitigation Negative Declaration
Subject to Fish&Game: Environmental Impact Report
Gen.Rule Ex.-CEQA# 15061.(bx3)
Other
8. Staff Report: Project Video: Release to publish:
9. Clearinghouse circulation required: Yes No Date Sent to SCH:
10. Publication Notice Written: Display Ad Prepared:
11. Notices Mailed: Number of Notices:
12. Newspaper Publication Date: O C P G B R
13. Planning Commission Hearing(s):
Action taken:
Special Conditions:
Commission Resolution No.
14. Board of Supervisors'Hearing(s):
Action taken:
Board Resolution No.: Ordinance No: Adopted:
15. Type Use Permit/Send for signature:
16. N.O.E./N.O.D./APPENDIX G: �1 1(LU 1947 Fish&Game Fees Paid: Yes No
17. Send validated Use Permit:
18. Assessor's Memo:
19. Copy of Use Permit/Variance to Planning Technician:
.,
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97-354 Public hearing - L. E. Kirby - abandonment of a public right-
of-way in the Wyandotte area, known as- a portion of Foothill
Boulevard, Oroville - action requested - ADOPT RESOLUTION'
APPROVING ABANDONMENT AND AUTHORIZE THE CHAIR TO 'SIGN. (FROM
10-14-97)
MOTION: I MOVE TO ADOPT RESOLUTION .97-153 APPROVING THE
ABANDONMENT AND AUTHORIZE THE CHAIR TO SI-GN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
L
BUTTE COUNTY BOARD OF. SUPERVISORS MINUTES - November 10, 1997
L. E'. Kirby - abandonment of a public right-of-way in the
Wyandotte area, -known as a portion of Foothill Boulevard,
Oroville - action requested - ADOPT RESOLUTION 97-131
SETTING A PUBLIC HEARING FOR MONDAY, NOVEMBER 10, 1997 AT
10:00 A.M.,
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES' - October 14, 1997
L. E. Kirby -Abandonment of a portion of the Foothill Boulevard Right-of-Way. This
is a request to abandon a public right-of-way for a portion of the Foothill Boulevard
right-of-way on property zoned AR-MH-5, located approximately 278 feet west of
Dunstone Drive, southeast Oroville area.
It was moved by Commissioner Nelson, seconded by Commissioner Mooney, and .
unanimously carried to find the proposed Abandonment for L. E. Kirby in conformity with
the General Plan.
I
I .
BUTTE COUNTY PLANNING COMMISSION NINUTEs:_7- August 28, 1997
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AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Department of Development Services, Planning Division
DATE: July 14, 1997
REQUEST: L. E. Kirby - Abandonment of a portion of the Foothill Boulevard Right-of-
Wav: This is a request to abandon a public right-of-way for a portion of the Foothill
Boulevard right-of-way located approximately 278 feet west of Dunstone Drive,
southeast Oroville area, in an area zoned ARMH-5. This project is located in
Supervisorial District 1.
RELATED
ITEMS: None
FOR: Planning Commission Meeting of August 28, 1997.
SUMMARY: This is a report for the abandonment of a portion of the Foothill Boulevard public
right- of-way. State law requires that the Planning Commission find that the abandonment will
not be in conflict with the General Plan. Staff recommends approval of this request.
ANALYSIS: This project is a request to abandon a portion of the Foothill Boulevard public right-
of-way, located approximately 278 feet west of Dunstone Drive. The area of land to be
abandoned is approximately .39 acres (16,978 sq. ft.). The right-of-way has never been used
for road purposes, and currently consists of open space, a utility pole line, and several small
trees. The right-of-way is not required for road purposes per the Department of Public Works.
The applicant submitted a petition, in accordance with Section 8321 of the Streets and Highway
Code of the State of California. The petition, signed by 23 people, at least two of whom are
residents of the road district in which the project is located, requests the abandonment.
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.
A condition of this abandonment will require that any public service easements on the property
to be abandoned be reserved.
ENVIRONMENTAL DOCUMENTATION: This project has been determined by the Secretary of
Resources to be Categorically Exempt under the California Environmental Quality Act Section
15305.
RECOMMENDATION: Staff recommends that the Planning Commission find the application for
abandonment of a portion of Foothill Boulevard in conformity with the Butte County General Plan
and recommend approval the abandonment subject to the following condition:
■ Butte County Department of Development Services ■
1
1. Reserve in the resolution approving the abandonment an easement for public utility
purposes over the property being abandoned.
Attachments: A: Vicinity Map
B: Site Plan
C: Property Description
K:\PROJECTS\ABN\KIRBY.ABN\KIRBY.RPT
■ Butte County Department of Development Services ■
2
Vicinity Map
<oct Lo ate
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m tts R
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ABAN 97-02
APN 036-330-028 & 029
Lm E . KIRBY .
ARMH-5
F
Proposed Road A andonment A
1 036.330-02
036-330-029
ARMH-5
i
i
BUTTE COUNTY PLANNING COMMISSION
Applicant: L.E. Kirby Owner: Butte County
Hearing Date: August28 1 97® 9:00a.m. Existing Zone: ARMH-
5 N
Request: Abandonment of a portion of Foothill Boulevard,Wyandotte Area. No Scale
Assessor Parcel No: Adjacent to APN 036-330-028& 029 File: 97-02
L. 0:136 330 0129 Of-40 STATUS. ACTIVE
�. KIRBY LAWRENCE E & VIRGINIA N JT
4688 FOOTHILL BLVD
OROVILLE - CA 95966
L. 0036 3301 026 So 00 STATUS. ACTIVE
JOHNSTON TITUS F & RUBY N
4680f1 FOOTHILL BLVD
OROVILLE CA 95966
L. 0136 330 007 000 STATUS. ACTIVE
WILLIAMS FAMILY TRUST
WILLIAMS IRVIN H & MARY JANE TRUSTEE
4681 FOOTHILL BLVD
OROVILLE CA 95966
L- 036 3301 010 000 STATUS. ACTIVE
SAWYER MARION
CIO SAWYER MIMI
4696 FOOTHILL BLVD
OROVILLE CA 95966
L. 036 330 0:012 000 STATUS-. ACTIVE S
HILL CALBERT B & ALAINE G
40 DUNSTONE DR
OROVILLE CA 95966
L. 0:136 330 015 0000 STATUS. ACTIVE
MALLETTE HAZEL T ETAL
45 DUNSTONE DR
OROVILLE CA 95966
L.. 036 330 0%118 0001000 STATUS. ACTIVE
MOORE LILLIE M REVOCABLE TRUST
MOORE LILLIE M TRUSTEE
472011 FOOTHILL BLVD
OROVILLE CA 95966
c�
a
L- 036 330 037 000 STATUS: ACTIVE
MOORE L I LL I E M REVOCABLE TRUST
MOORE L I LL I E til TRUSTEE
4720 FOOTHILL BLVD
OROVILLE CA 90966
L- 036 330 041 000 STATUS- ACTIVE
BAER DALLAS D &: VERA LEE
100 DUNSTONE DR
OROVILLE CA 95966
Le 036 330 (2135 000 STATUS: ACTIVE
BURRUSS VERN C
3130 ORO BANGOR HWY
OROVILLE CA 95966
—L-. 036 330 038 000 STATUS o ACTIVE
RE I D JEFFREY &: MARISA
P 0 BOX 2044
LOS GATOS CA 95031
L- 036 3363 001 0001 STATUS: ACTIVE
WYANDOTTE ORCHARD INC
4330 FOOTHILL BLVD
OROVILLE CA 95966 �1
L e ff 36 3363 003 00f-s STATUS: ACTIVE
AEEVEDO GARY R &: JOAN V
P 0 BOX 1472
OROVILLF_ CA 95965
L-. 036 330 043 000 STATUS- ACTIVE
GRAY BART &: JEANETTF_
r
P 0 BOX 463
CHINO CA 91708-0463—
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° �v:T D artment of PtAlic Works ,
/ O ' ° C o u n t y o f B u t t e
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\� O O /� j: 7 Michael Crump, Director County Center Drive
� O O Oroville,CA 95965
Ronald D.McElroy,Assistant Director (530)53 -76818
,q, g (FAX)538-2140
"ELIC
November 24, 1997
L.E. Kirby
4688 Foothill Blvd.
Oroville, CA 95966
Re: Abandonment,Portion of Foothill Boulevard,Wyandotte
(262.010)
Dear Mr. Kirby:
On November 10, 1997, the Board of Supervisors adopted Resolution No. 97-153, abandoning a
portion of Foothill Boulevard, in the Wyandotte area. A copy of the recorded resolution is
enclosed for your file. Also enclosed is a copy of the filed Notice of Exemption, along with a plat
delineating the subject area.
If you have any questions, please call at your convenience.
Sincerely,
Mike Crump
Dire or of Public Works
Ronald D. Mf
Assistant Director
RDM/lt
cc: Surveys
vPlanning Division, w/Resolution
Attn: Lynn Richardson
C:W RMCISIPWY4BMOOkftE'TTERS1(�ES.DOC
4
Resolution No. 97-153
RESOLUTION ABANDONING
A PUBLIC RIGHT-OF-WAY
(A PORTION OF FOOTHILL BOULEVARD, IN THE WYANDOTTE AREA)
WHEREAS,this matter came on regularly for hearing before the Board of Supervisors of
the County of Butte, State of California, on November 10 1997, in the Board
Chambers, Butte County Administration Building, 25 County Center Drive, 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 right-of-way 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: (1) there is no possibility the proposed
abandonment of this public right-of-way may have a significant effect on the environment, and it is
therefore not subject to the California Environmental Quality Act; (2) the proposed abandonment
is in conformance with the Butte County General Plan; and (3) the public right-of-way in
question, as hereinafter described, is unnecessary for present or prospective public use.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. That the public right-of-way 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 right-of-way so abandoned is located in the unincorporated area
of the County of Butte, State of California, in the Wyandotte area, is known as a portion of
Foothill Boulevard, and is described as follows:
Being a portion of the Southeast one-quarter of Section 36, Township 19 North, Range 4
East, M.D.M., and a portion of that certain 60 foot wide strip of land granted to the
County of Butte by Ferdinand and Florence Cornehl, ET UX, which deed was recorded in
the office of the Recorder of the County of Butte, State of California, May 15, 1925, in
Book 195 of Deeds at Page 271, and being more particularly described as follows;
r.
Beginning at a point designated as Engineers Station 159+20 on said deed and also being
39.31 feet right of Engineers Centerline Station `L1' 50+77.35 as shown on that certain
right of way Map E-2065 on file at the Butte County Department of Public Works from
which point the South one-quarter corner of said Section 36 bears South 68°02'00" West,
a distance of 2253.79 feet;
Thence South 10°01'47" East, a distance of 0.73 feet to the intersection of the Southerly
40.00 foot right of way line of Foothill Boulevard as shown on said right of way Map E-
2065 and a radial line through said Engineers Station 159+20 as shown in said Book 195
of Deeds at Page 271, said intersection being 40.00 feet right-of Engineers Centerline
Station `L1' 50+77.57 as shown on that certain right of way Map E-2065, and also being
the TRUE POINT OF BEGINNING;
Thence continuing along said radial line through said Engineers Station 159+20, South
10001147" East, a distance of 29.27 feet to a point being 67.80 feet right of Engineers
Centerline Station `L1' 50+85.97 as shown on said right of way Map E-2065, said point
also being the beginning of a curve, concave Northeasterly [to the right], having a radius
of 305.00 feet;
Thence Westerly along said Southerly line of that certain 60 foot wide strip of land as
shown in said Book 195 of Deeds at Page 271 and along the arc of said curve through a
central angle of 54°08'00", a distance of 288.17 feet to a point being 80.82 feet right of-
Engineers
fEngineers Centerline Station `L1' 48+37.48 as shown on said right of way Map E-2065;
Thence continuing Northwesterly along said Southerly line of that certain 60 foot wide
strip of land as shown in said Book 195 of Deeds at Page 271, North 45°53'47" West, a
distance of 160.18 feet to a point being 53.94 feet right of Engineers Centerline Station
`L1' 46+84.05 as shown on said right of way Map E-2065, said point also being on a
radial line from said Engineers Station 155+00 as shown in said Book 195 of Deeds at
Page 271;
Thence along said radial line, North 44°06'13" East, a distance of 14.12 feet to a point
being 40.00 feet right of Engineers Centerline Station `L1' 46+86.32 as shown on said
right of way Map E-2065,
Thence Southeasterly along said Southerly 40.00 foot right of way line of Foothill
Boulevard, South 55°08'31" Easya distance of 116.34 feet to a point being on said 40.00
foot right of way line of Foothill Boulevard and the beginning of a curve, concave
Northeasterly [to the left], having a radius of 640.00 feet,
Thence Southeasterly along said Southerly 40.00 foot right of way line of Foothill
Boulevard and along the arc of said curve through a central angle of 26°15'07", a distance
of 293.24 feet to the TRUE POINT OF BEGINNING.
Containing 0.390 Acres [ 16978 square feet ], more or less.
EXCEPTING AND RESERVING any existing public service easement and/or rights at
any time, or from time to time, to maintain, operate, replace, remove, renew or enlarge the
existing public service facilities and facilities incidental thereto, including access to protect
the property from all hazards in, upon, and over the highway herewith to be abandoned.
3. That a map showing the public right-of-way hereby abandoned is on file in the
Office of the 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 10th
day of November 1997, by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis
NOES: None
ABSENT: None
NOT VOTING: None
D DAVIS, Chair off-the
Butte County Board of Supervisors
ATTEST:
JOHN BLACKLOCK
Chief Administrative Officer
and Clerk of the Board
By
THE FOREGOING INSTRUMENT IS A CORRECT COPY OF
THE ORIGINAL ON FILE AND OF RE ORD IN THIS OFFICE
DATE_ ��
o ATTEST �L 7 7
Clerk of the Bo-
-d of Supervisors
JOHN S.BLACKLOCK in and for the County of Butte
1° Stat of California
��• I By
4�pass DEPUT
Date 12/03/97 Development Services Departent
Time 2 :34 pm Applicant Billing Worksheet Page 1
ABAN 97-02 * L.E. Kirby
4688 Foothill Boulevard
Oroville, CA 95966
In reference to : Abandonment
Rounding : None
Full Precision : No
Last bill / / Last aging
Last charge 11/27/97
Last payment / / Amount $0.00
Date/Slip# Description HOURS/RATE AMOUNT TOTAL
06/02/97 Teri B. / C 0.50 17.00
#11833 Clerical 34.00
. P 1.25 73.75
P
06/16/97 Larry /
#11913 Processing 59.00
06/30/97 Steve B. / P 1.50 88.50
#11992 Processing 59.00
07/14/97 Steve B. / P 0.25 14. 75
#12102 Processing 59.00
07/28/97 Lynn R. / C 0.25 11.25
#12243 Clerical 45.00
08/11/97 Lynn R. / C 0. 75 33. 75
#12348 Clerical 45.00
08/25/97 Lynn R. / C 0.50 22.50
#12488 Clerical 45.00
09/08/97 Lynn R. /- C 0.25 11.25
#12657 Clerical 45.00
11/17/97 Teri B. / C 0.25 8.50
#13845 Clerical 34.00
11/17/97 Teri B. / C 0.25 8.50
#13911 Clerical 34.00
r
Date`12 t/03/97 Development Services Depapent
Time 2:34 pm Applicant Billing Worksheet Page 2
ABAN 97-02 * :L.E. Kirby (continued)
TOTAL BILLABLE TIME CHARGES 5. 75 $289. 75
TOTAL BILLABLE COSTS $0.00
TOTAL NEW CHARGES $289.75
PAYMENTSJREFUNDS/CREDITS
10/01/96 Deposit - PW Receipt ,#187305 (50.00)
TOTAL PAYMENTS/REFUNDS/CREDITS ($50.00)
NEW BALANCE
New Current period 239. 75
TOTAL NEW BALANCE $239. 75
APPENDIX A
NOTICE OF EXEMPTION
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
County of Butte
25 County Center Drive
Oroville, CA 95965 F L D
NOV
Project Title: Abandonment of Public Right-of-Way, File #ABAN 97-02
C DA
EJ GR BBS, tte Co.Clerk
Assessor's Parcel No.: Various 036-330 ca— Deputy
i3
Applicant: L.E. Kirby
Project Location-Specific: a portain of Foothill Boulevard
Project Location-City: Oroville Project Location-County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Abandonment of a portion of Foothill Boulevard, Wyandotte
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: Abandonment of Public Utility or Road Easements and Rights-of-Way.
Contact Person: Steve Betts Telephone: (530) 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:
Signatureh&aig Sanders
Senior Planner
j:\linda\noe.nod\noe.abn
• DECLARATION OF FEESUE
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
L.E. Kirby
4688 Foothill Boulevard
Oroville, CQ 95966
FILING NO.
I .
CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:
1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION
(X) A. Statutorily or Categorically Exempt
$25.00 Clerk's Documentary Handling Fee
O B. De Minimus Impact - Certificate of Fee Exemption
$25.00 Clerk's Documentary Handling Fee
2. 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
3. ( ) OTHER (Specify)
$25.00 Clerk's Documentary Handling Fee
PAYMENT/ NON-PAYMENT OF FEES:
1. (X) PAYMENT: The above fees have been paid.
See attached receipt(s). #16119
2. O NON-PAYMENT: The above fees are required. Not paid.
Chief Planning Official
By: Craig Sanders
Title: Senior Planner
Lead Agency: Butte County Department of
Development Services
Date: November 17. 1997
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 CHECKS PAYABLE TO THE
COUNTY OF BUTTE.
J:\TERI\NOE.NOD\FBG.FEE
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DATE RECEIPT TOTAL PUBLIC LAICO use VARIANCES PUBLIC ZONING RNV OTHER APPLICANT RECEIVED FROM
NO. RECEIVED WORKS ►ERMITS DOCVMQNTs HEALTK
RECEIPT 16119
OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
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ISSUED BY
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TO: TERI BRIDENHAGEN, PLANNING DIVISION
FROM: RON McELROY, PUBLIC WORKS
SUBJECT: ABANDONMENT, PORTION OF FOOTHILL BOULEVARD, WYANDOTTE
(262.010) (PLANNING FILE ABAN 97-02)
DATE: NOVEMBER 13, 1997"
On Monday, November 10th, the Board of Supervisors, under Agenda Item 5.02, approved the
above noted abandonment.
At your early convenience please prepare and file the Notice of Exemption for the
abandonment. A check from L. E. Kirby, in the amount of $25.00, is attached for the filing fee.
Please provide us a copy of the filed Notice of Exemption.
Upon receipt, a copy of the recorded Resolution of Abandonment will be transmitted for your
file.
C:wao.e�OOTHILL.00c .
o�UTTFo �\ Department of Public Works
/ o o i� C o u n t y o f B u t t e
O O / J. Michael Crump, Director 7 County Center Drive
O O Oroville,CA 95965
\\` U Nay Ronald D.McElroy,Assistant Director (530)538-7681
,g (FAX)538-2140
Clc V —
October 23, 1997
L.E. Kirby
4688 Foothill Blvd.
Oroville, CA 95966
Re: Proposed Abandonment, Portion of Foothill Boulevard,Wyandotte
(262.010)
Dear Mr. Kirby:
At the regular meeting of the Butte County Board of Supervisors on October 14, 1997,
Resolution No. 97-131 was adopted, giving notice of a public hearing to be held Monday,
November 10, 1997, at 10:00 A.M., on your petition to abandon a public right-of-way, a portion
of Foothill Boulevard, in the Wyandotte area. A copy of the resolution is enclosed.
It is recommended that you or your authorized representative be present at the hearing to respond
to any questions the Board may have. In the event that no one will be present please contact our
office prior to the hearing.
Should you have any questions, please contact our office between 7:30 A.M. and 4:00 P.M.,
Monday through Friday.
Sincerely,
Mike Crump
Director of Public Works
Ronald D. McElroy `
Assistant Director
RDMIlt
Enclosure
/ Planning Division
cc`. Planning, Attn: Lynn Richardson V
OCT 2 7 1997
Oroville, California
. 4
Resolution No. 97-131
RESOLUTION GIVING NOTICE OF HEARING ON PETITION
TO ABANDON A PUBLIC RIGHT-OF-WAY
(A PORTION OF FOOTHILL BOULEVARD, IN THE WYANDOTTE AREA)
WHEREAS, this Board has received a petition from ten or more free-holders, requesting
the abandonment of a public right-of-way as described below, and at least two of the petitioners
� ae residents-ofth-e-road district in which said right-of-way is situated; and
WHEREAS, pursuant to Chapter 3 of Part 3 of Division 9 of the 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 November-. 10, 1997, at 10:00 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 right-of-way located in the
unincorporated area of the County of Butte, State of California, in the Wyandotte area, known as
a portion of Foothill Boulevard, and described as follows:
Being a portion of the Southeast one-quarter of Section 36, Township 19 North, Range 4
Fact M D M ct a„ a pp-tion of that certain 60 foot wide strip of land granted to the
County of Butte by Ferdinand and Florence Cornehl, ET UX, which deed was recorded in
the office of the Recorder of the County of Butte, State of California, May 15, 1925, in
Book 195 of Deeds at Page 271, and being more particularly described as follows;
Beginning at a point designated as Engineers Station 159+20 on said deed and also being
39.31 feet right of Engineers Centerline Station `L1' 50+77.35 as shown on that certain
right of way Map.E-2065 on file at the Butte County Department of Public Works from
which point the South one-quarter corner of said Section 36 bears South 68°02'00" West,
a distance of 2253.79 feet;
Thence South 10001'47" East, a distance of 0.73 feet to the intersection of the Southerly
40.00 foot right of way line of Foothill Boulevard as shown on said right of way Map E-
2065 and a radial line through said Engineers Station 159+20 as shown in said Book 195
of Deeds at Page 271, said intersection being 40.00 feet right of Engineers Centerline
Station `L1' 50+77.57 as shown on that certain right of way Map E-2065, and also being
the TRUE POINT OF BEGINNING,
Thence continuing along said radial line through said Engineers Station 159+20, South
10001'47" East, a distance of 29.27 feet to a point being 67.80 feet right of Engineers
Centerline Station `L1' 50+85.97 as shown on said right of way Map E-2065, said point
also being the beginning of a curve, concave Northeasterly [to the right], having a radius
of 305.00 feet;
Thence Westerly along said Southerly line of that certain 60 foot wide strip of land as
shown in said Book 195 of Deeds at Page 271 and along the arc of said curve through a
central angle of 54°08'00", a distance of 288.17 feet to a point being 80.82 feet right of
Engineers Centerline Station `L1' 48+37.48 as shown on said right of way Map E-2065;
(hence-continuhWNorthwesterly along said Southerly line of that certain 60 foot wide
strip of land as shown in said Book 195 of Deeds at Page 271, North 45°53'4T' West, a
distance of 160.18 feet to a point being 53.94 feet right of Engineers Centerline Station
`L1' 46+84.05 as shown on said right of way Map E-2065, said point also being on a
radial line from said Engineers Station 155+00 as shown in said Book 195 of Deeds at
Page 271;
Thence along said radial line, North 44'06'13" East, a distance of 14.12 feet to a point
being 40.00 feet right of Engineers Centerline Station `L1' 46+86.32 as shown on said
right of way Map E-2065,
Thence Southeasterly along said Southerly 40.00 foot right of way line of Foothill
Boulevard, South 55°08'31"East, a distance.of 116.34 feet to a point being on said 40.00
foot right of way line of Foothill Boulevard and the beginning of a curve, concave
Northeasterly [to the left], having a radius of 640.00 feet,
Thence Southeasterly along said Southerly 40.00 foot right of way line of Foothill
Boulevard and along the arc of said curve through a central angle of 26°15'OT', a distance
of 293.24 feet to the TRUE POINT OF BEGINNING.
Containing 0.390 Acres [ 16978 square feet], more or less.
EXCEPTING AND RESERVING any existing public service easement and/or rights at
any time, or from time to time, to maintain, operate, replace, remove, renew or enlarge the
existing public service facilities and facilities incidental thereto, including access to protect
the property from all hazards in, upon, and over the highway herewith to be abandoned.
2. That a map showing the public right-of-way 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
right-of-way.
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).
S. 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 14th
day of October ; 1997, by the following vote:
AYES: Supervisors Beeler, Houx, Josiassen and Chair Davis
NOES: None
ABSENT: Supervisor Dolan
NOT VOTING: None
ftED DAVIS, Chair of the
Butte County Board of Supervisors
ATTEST:
t
JOHN BLACKLOCK
Chief Administrative 01pcer
and Clerk of the Board i
By -�-
MEMORANDUM
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Ron McElroy, Public Works
FROM: Planning Division, Department Development Services
SUBJECT: L. E. KIRBY, ABANDONMENT OF A PORTION OF FOOTHILL BLVD.,
WYANDOTTE, OROVILLE.
l
DATE: September 15, 1997
This item is determined to be Categorically Exempt from environmental review in
accordance with Code Section 15305 (d) which states:
"Abandonment of Public Utility or Road Easements and Rights-of-Way."
/Ir
■ Butte County ■ Department of Development Services ■ Planning Division ■
: < , .
I wr
1;utte lcouftAf
LAND OF NATURAL WEALTH AND BEAUTY
y H 1 ti
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965.3397
TELEPHONE:.(916)538.7601
FAX: (916)538-7785
August 28, 1997
L. E. Kirby
4688 Foothill Boulevard
Oroville, CA 95966
Re: Abandonment, File ABAN97-02
Dear Mr. Kirby:
The Butte County Planning Commission held a meeting on August 28, 1997, and your
request for abandonment of a portion of Foothill Boulevard, Wyandotte, Oroville, was
found in conformity with the Butte County General Plan and recommended approval
subject to the following condition:
1. Reserve in the resolution approving the abandonment an easement for public ,
utility purposes over the property being abandoned.
Should you have any questions regarding this matter, please contact Stephen Betts at
this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday.
Sincerely,
Lynn Richardson
Planning/Administrative
Support Service Assistant
/Ir
cc: Richard Maxey, Public Works
tte ount
LAN D OF NATURAL W E A L T H AN D BEAUTY
--s•,: .� �i,:.L � - tri
PLANNING DIVISION
DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397
TELEPHONE: 1916)538-7601
FAX: (916)538.7785
July 30, 1997
L. E. Kirby
4688 Foothill Boulevard
Oroville, CA 95966
Re: Abandonment, File ABAN 97-02
Dear Mr. Kirby:
Enclosed is a copy of the report concerning your request for the abandonment of a portion
of Foothill Boulevard, Wyandotte, Oroville.
You request will be considered at the regular meeting of the Planning Commission on
August 28, 1997. 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,
Lynn Richardson
Planning/Administrative
Support Service Assistant
/Ir
Enc.
ME DUM
TO: Steve Betts, Planning Division
FROM: Stuart Edell, Manager, Land Development Division, Public Works
SUBJECT: Proposed Abandonment, Portion of Foothill Boulevard, Wyandotte
ABAN 97-02 (262.010)
DATE: July 14, 1997
In response to your July 10, 1997 request, the Public Works Department would
not recommend abandonment of any road right-of-way if they felt it was needed
for any future road improvements. Each project is carefully reviewed to determine
present and future impacts on public roadways. A project which has unacceptable
impacts is not sent to the Planning Commission for approval.
cc: Ron McElroy, Assistant Director of Public Works
i
Planning Division
J U L 14 1991
oroville,Calffornia
i
� J �
I
I
i
MEMORANDUM 4-
TO:
Stu Edell, Land Development
FROM: Steve Betts, Planning Division 66
SUBJECT: Abandonment of right-of-way on Foothill Blvd., File #ABAN 97-02
DATE: July 10, 1997
DISCUSSION: Could you review this project? Specifically, is the right-of-way needed for
any future road improvements?
■Butte County■ Department of Development Services■Planning Division■
1
'A
RECEIVE®
J U L 1 Q 1997
COUNTY OF BUTTE
LAND DEVELOPMENT DIV.
ABAN 97-02
FAP#036-330-028 & 029
L. E. Kirby
ARMH-5
a
Proposed Road A bandonment Area
t
036-330-02 �� R
036-330-028
ARMH-5
i
�uT tF
00 / 00
INTER-DEPARTMENTAL MEMORANDUM o 0
PUBLIC WORKS DEPARTMENT o Twp, - '� o
o ::..:.�►._�..: o
c�U R
TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES
FROM: RON McELROY, ASSISTANT DIRECTOR OF PUBLIC WORKS
SUBJECT: PROPOSED ABANDONMENT, PORTION OF FOOTHILL BOULEVARD,
WYANDOTTE
(262.010)
DATE: JUNE 4, 1997
Attached for your review and further action is a copy of a-petition for abandonment of a portion
of the-Foothill Boulevard right-of-way, in Wyandotte, along with plats delineating the subject
area. The $262.00 abandonment processing fee has been paid.
At your early convenience, please have the proposed abandonment considered by the
Planning Commission 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 the Board. Note that there is an easement reservation
for utilities.
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 L. E. Kirby, 4688 Foothill Boulevard, Oroville, CA
95966. If additional information is required, contact me at your convenience.
Attachment
cc: L.E. Kirby
Surveys
Punning avision
JUN 0 4 1997
Oroville,California
PETITIS FOR ABANDONMENT OF PUBLAIGHWAY
No. 262.010
TO THE HONORABLE BOARD OF SUPERVISORS
COUNTY OF BUTTE DATE: , 19_9j
Dear Board Members:
The undersigned, being ten 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 COUNTY
HIGHWAY of the COUNTY OF BUTTE:
Being a portion of the Southeast one-quarter of Section 36, Township 19 North, Range 4 East, M.D.M.,and a
portion of that certain 60 foot wide strip of land granted to the County of Butte by Ferdinand and Florence
Cornehl, ET UX, which deed was recorded in the office of the Recorder of the County of Butte ,State of
California, May 15, 1925 in Book 195 of Deeds at Page 271, and being more particularly described as follows;
Beginning-at a point designated as Engineers Station 159+20 on said deed and also being 39.31 feet right of
Engineers Centerline Station 'L1' 50+77.35 as shown on that certain right of way Map E-2065 on file at the
Butte County Department of Public Works from which point the South one-quarter corner of said Section 36
bears South 68°02'00" West, a distance of 2253.79 feet;
Thence South 10001'47" East, a distance of 0.73 feet to the intersection of the Southerly 40.00 foot right of way
line of Foothill Boulevard as shown on said right of way Map E-2065 and a radial line through said Engineers
Station 159+20 as shown in said Book 195 of Deeds at Page 271, said intersection being 40.00 feet right of
Engineers Centerline Station 'L1' 50+77.57 as shown on that certain right of way Map E-2065, and also being
the TRUE POINT OF BEGINNING;
Thence continuing along said radial line through said Engineers Station 159+20, South 10°01'47" East, a
distance of 29.27 feet to a point being 67.80 feet right of Engineers Centerline Station 'L1' 50+85.97 as shown
on said right of way Map E-2065, said point also being the beginning of a curve, concave Northeasterly [to the
right], having a radius of 305.00 feet; `
Thence Westerly along said Southerly line of that certain 60 foot wide strip of land as shown in said Book 195 of
Deeds at Page 271 and along the arc of said curve through a central angle of 54008'00", a distance of 288.17
feet to a point being 80.82 feet right of Engineers Centerline Station 'L1' 48+37.48 as shown on said right of
way Map E-2065;
Thence continuing Northwesterly along said Southerly line of that certain 60 foot wide strip of land as shown in
said Book 195 of Deeds at Page 271, North 45°53'47" West, a distance of 160.18 feet to a point being 53.94
feet right of Engineers Centerline Station 'L1' 46+84.05 as shown on said right of way Map E-2065, said point
also being on a radial line from said Engineers Station 155+00 as shown in said Book 195 of Deeds at Page
271;
Thence along said radial line, North 44006'13" East, a distance of 14.12 feet to a point being 40.00 feet right of
Engineers Centerline Station 'L1' 46+86.32 as shown on said right of way Map E-2065,
Thence Southeasterly along said Southerly 40.00 foot right of way line of Foothill Boulevard, South 55008'31"
East, a distance of 116.34 feet to a point being on said 40.00 foot right of way line of Foothill Boulevard and the
beginning of a curve, concave Northeasterly [to the left], having a radius of 640.00 feet,
CAMSOFF ICEMINW OP MTEM PLATETOOTHIL I.ABN 1
PETI16 FOR ABANDONMENT OF PUBLISIGHWAY
No. 262.010
Thence Southeasterly along said Southerly 40.00 foot right of way line of Foothill Boulevard and along the arc
of said curve through a central angle of 26015'07", a distance of 293.24 feet to the TRUE POINT OF
BEGINNING. '
Containing 0.390 Acres [ 16978 square feet], more or less.
EXCEPTING AND RESERVING any existing public service easement and/or rights at any time, or from time to
time, to maintain, operate, replace, remove, renew and enlarge the existing public service facilities and facilities
incidental thereto, including access to protect the property from all hazards in, upon, and over the highway
herewith to be abandoned.
See right of way map on file at the Butte County Department of Public Works, File# E-2065.
c:NMSO MWINWORb%TEMPLATETOOr LI.ABN 2
PETITION FOR ABANDONMENT OF PUBLIC HIGHWAY
No. 262.010
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PETN FOR ABANDONMENT OF PUB HIGHWAY
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C:VNSOFFICE%W IN W ORD%TEMPLATEkFOOTtI I L LAB N 3
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