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HomeMy WebLinkAboutABAN 98-03_PLANNING SEPARATOR- SHEET avn ow`a - 190 �'�,5 vaoiECT rvuMeee ��� 9 IY OBJ PROJECT SUMMARY SHEET j.,___ ` FILE#:ABAN 98-03 PROJECT TYPE: Abandonment APPLICANT:Ken and Joyce Weld,Better Builders Construction,Inc. ADDRESS: 5263 Royal Oaks Drive,Oroville,CA 95966 OWNER: ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION:Abandonment of public service easements PROPERTY ZONED: LOCATED: Lot 35,Kelly Ridge Estates Unit 3 Aft: 069=190-035 TOWN/AREA: GENERAL PLAN DESIGNATION: 1. Application complete: August 5,1997 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: 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. Stan'Report: Project Video: Release to publish: 9. Clearinghouse circulation required:/Yes No Date Sent to SCH: / 10. Publication Notice Written: N Display Ad Prepared: 11. Notices Mailed: _AZ Number of Notices: 12. Newspaper Publication Date: A///-;- O C P G B R 13. Planning Commission Hearing(s): /'�� 7 /.,0z�/7, 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: DEC 2 1997 Fish&Game Fees Paid: Yes ✓ No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit/Variance to Planning Technician: �..:� S . .��� w - • � � . 97-356 Public hearing - Ken and Joyce Weld - abandonment of a public utilities easement, a portion of AP 069-190-035, property located "on lot 35, Kelly Ridge Estates,"' Unit 3, Oroville - action requested - ADOPT RESOLUTION APPROVING ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-14-97) (1180) MOTION: : I MOVE TO ADOPT RESOLUTION 97-155 APPROVING THE ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - November 10, 1997 6�. Ken and Joyce Weld - abandonment of a public utilities easement,-'a. portion of AP 069-190-035, property located on lot 35, Kelly Ridge Estates, Unit 3, Oroville - action requested - ADOPT RESOLUTION 97-133 SETTING__A PUBLIC HEARING FOR MONDAY, NOVEMBER 10, 1997 AT 10:00 A.M. I BUTTE COUNTY BOARD OF SUPERVISORS MINUTES' - October 143, 1997 Ken &Joyce Weld (Item determined to be categorically exempt from environmental review) -Abandonment of two 6'wide public utilities easements located on Lot 35, Kelly Ridge Estate Unit 3, on property zoned RT-1 (Residential - Mobile Home) located between Arroyo Drive & Kokanee Drive, identified as APN 069-190-035, Oroville. (LP) (ABAN98-03) It was moved by Commissioner Mooney, seconded -by Commissioner Cage, and unanimously carried to approve the Consent Agenda. i 1 i I , • I 1 I BUTTE COUNTY PLANNIN11 G,COMMISSION MINUTES - September '25', 1997 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Department of Development Services DATE: September 2, 1997 REQUEST: Ken & Joyce Weld, File #ABAN 98-03 Abandonment of two 6' wide public service easements: This is a request to abandon 2 public utilities easements located on Lot 35, Kelly Ridge Estates Unit 3, located between Arroyo Drive & Kokanee Drive, identified as APN 069-190-035, Oroville, in an area zoned RT-1 (Residential Mobile Home). This project is located in Supervisorial District 1 RELATED ITEMS: None FOR: Planning Commission Meeting of September 25, 1997. SUMMARY: This is a report for the abandonment of two 6' public utilities easements located on Lot 35 and lying contiguous to both side yard property lines. Pursuant to Government Code Section 65402 the Planning Commission must find that the abandonment will not be in conflict with the General Plan. Staff recommends that this request be found to be in conformity with the General Plan. ANALYSIS: The owner of the parcel has requested the abandonment to provide for a buildable size lot. At present the parcel is approximately 62 feet wide. The building-set backs from the . easement would reduce the buildable area considerably. The Lake Oroville Area Public Utilities District Board of Director's has adopted a resolution (No. 5-97) on July 8, 1997 to abandon the easements. The applicant submitted a petition, in accordance with Section 8321 of the Streets and Highway Code of the State of California. The petition was signed by 8 people who request 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. 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 the two 6' easements to be categorically exempt from CEQA and to be in conformity with the Butte County General Plan. Attachments: A: Vicinity Map B: Site Plan C: Property Description ■Butte County Department of Development Services ■ 1 1 ` t► ►'ice „ Rl WON r i Ca F v RT-1 8 r pos Aban on reas ass Ct Q069-190-035 G 00 �ht RT-1 BUTTE COUNTY PLANNING COMMISSION Applicant: Ken&Joyce Weld Owner: Same Hearing Date: October 9, 1997 @ 9:00 a.m. Existing Zone: RT-1 (Residential Mobile Home) A 1 Request: Abandonment of Public Service Easements 6.00 feet in width, lying contiguous to the side yard No Scale property lines. Assessor Parcel No: 069-190-035 File: 98-03 O�PpFtTME/yT Ca UTT Department- of Public Works F .:��` iii, °° `\ ° i) C ' o u n t y o f B. u t t e ° may a o 1 O O / J. Michael Crump, Director 7 County Center Drive ° O �� Oroville,CA 95965 UNI Ronald D.McElroy,Assistant Director (530)538-7681 ,o y (FAX)538-2140 retic VWV December 23, 1997 Ken and Joyce Weld c/o Better Builders Construction, Inc. 5263 Royal Oaks Drive Oroville, CA 95966 Attn: John Starr Re: Abandonment of P.U.E.,Lot 35, Kelly Ridge Estates Unit 3 AP#069-190-035 (262.016) Dear Mr. and Mrs. Weld: On November 10, 1997, the Board of Supervisors adopted Resolution No. 97-155, abandoning the public utility easement on Lot 35, Kelly Ridge Estates Unit 3. A copy of the recorded resolution is enclosed for you 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 Director of Public Works Ronald D. McElroy Assistant Director RDMAt Enclosure cc: Planning Division/with Resolution, Attn: Lynn Richardson Planning Division DEC 2 31997 Croville,California .r Resolution No. '97-155 RESOLUTION ABANDONING A PUBLIC SERVICE EASEMENT (A PUBLIC UTILITY EASEMENT, IN THE KELLY RIDGE ESTATES 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 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: (1) there is no possibility the proposed abandonment of this public service easement 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 service easement 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 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, in the Kelly Ridge Estates area, is-identified as a portion of Assessor's Parcel Number 069-190-035, and is described as follows: A portion of the Public Utility Easements Lying within Lot 35 of Kelly Ridge Estates Unit 3, which map was filed in the office of the Recorder of the County of Butte, State of California on July 26, 1974, in Book 43 of Maps at Pages 44 through 48; and also being a portion of the Southwest one-quarter of Section 6, Township 19 North, Range 5 East, M.D.M., and being more particularly described as follows: Being Public Service Easements 6.00 feet in width, lying contiguous to the property lines common to Lots 35 and 36 and Lots 35 and 34 and being designated on said map as Public Utility Easements. Excepting therefrom that portion lying within the existing 8.00 foot Public Utility Easement contiguous to Schmid Drive (known now as Kokanee Drive) as shown on said map. Also Excepting therefrom that portion lying within the existing 8.00 foot Public Utility Easement contiguous to Arroyo Drive as�shown on said map. 3. That a map showing the public service easement 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 FRED DAVIS, Chair of 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 q ,THE ORIGINAL ON FILE AND OF REgORD IN THIS OFFICE *0 ' TTEST DATE—////'?— 97 # Clerk of the Board of Supervisors JOHN S.BLACKLOCK in and for the County of Butte y �" State f Cali rnia aIo By DEPUTY Date 12/23/97Development Services Department Time 10:00 am Applicant Billing Worksheet Page 1 ABAN 98-03 * Ken & Joyce Weld Better Builders Contruction, Inc. 5263 Royal Oaks Drive Oroville, CA 95966. In reference to : Abandonment, AP#069-190-035 Rounding : None Full Precision : No Last bill / / Last aging Last charge 12/11/97 Last payment / / Amount $0.00 Date/Ship# Description HOURS/RATE AMOUNT TOTAL 07/28/97 Teri B. / C 0.50 17.00 #12266 Clerical 34.00 08/25/97 Larry P. / P 1. 00 59.00 #12479 Processing 59.00 09/08/97 Lynn R. / C 1.50 67.50 #12665 Clerical 45.00 09/22/97 Lynn R. / C 0.25 11.25 #12817 Clerical 45.00 12/01/97 Teri B. / C 0. 50 17.00 #14105 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 3 .•75 $171. 75 TOTAL BILLABLE' COSTS $0.00 TOTAL NEW CHARGES $171.75 PAYMENTS/REFUNDS/CREDITS 07/14/97 Deposit - PW Receipt #186981 . (50.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($50.00.) NEW BALANCE New Current period 121. 75 TOTAL NEW BALANCE $121. 75 DECLARATION OF FEE&E (California Fish and Game Code Section 711.4) 1; NAME AND ADDRESS OF APPLICANT DEC 1 1 1991 U.) 8uT M , Ken and Joyce Weld ANDACE cnuaes, t :r <<,F _.T _- 5263 Royal Oaks Drive Oroville, CA 95966 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( ) 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) $25.00 Clerk's Documentary Handling Fee PAYMENT/ NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #16136 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Craig Sanders Title: Senior Planner Lead Agency: Butte County Department of Development Services Date: December 2. 1997 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. &L APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. J:\TERIWOE.NOD\FBG.FEE _ . 1 0568 .�_---. ..... �--:_,_ ,-,-=_:_=BANKOFAMERICA�NT�b-SAS_==;=;'_�:`°,_-' • - - : � .BETTER BUiLDER�_--CQNSTRUC-110 ={N�. ===_-: ORO_DAM BRANCH==.Q029 --_-:---. _ - - _: _ : -.=--=-UCENSE9F=N0 .P.O=BOX 2158 - ------ - -= CHECK:. _ -;::_,:.;!_= 63; YAL=-OAKS'DRIVE=_- == _='_=.OROVILLE.CA 95965 ---- -_ =OROVIt E-CA LIF RNIA:9596 t L 0 6_ 210__= -= 1-35 1 _ -__:-=•__-. _: :- == (916)_589.2574 J. .'AM1431YW ep OUNT -- -- - - - - 4. =_:.:AUTHORIZED SIGNATURE ..: 1150 10568ol 41, 21,0003581: 00 29 2,110 6 3 4 1116 •' ... :n;. •�,.,-�l'K�-�y:' xoNiNc:z�i. eta: oT7 RECEIVED rFROM77, LIGAN7 PUWLsc • %6 REce4pT TOTAL pu RLic LA/CO uSR VARIANCE$ NRALTN OATE p{RMIT4 DOCUMENTS fl NO. REcE1VHD WORKS RECEIPT 16136 • I OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA i OFFICE OF PLANNING o 0 n J J h IS UE BY u I IVA � _. e • 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 Project Title: Abandonment of Public Right-of-Way, File #ABAN 98-03 Assessor's Parcel No.: 069-190-035 Applicant: Ken and Joyce Weld Project Location-Specific: Lot 35, Kelly Ridge Estates Unit 3 Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Abandonment of public service 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: Abandonment of Public Utility or Road Easements and Rights-of-Way. Contact Person: Larry Painter 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: Signatur raig Sanders Senior Planner j:\linda\noe.nod\noe.abn ! ! o�VTT�o INTER-DEPARTMENTAL MEMORANDUM ° o 0 PUBLIC WORKS DEPARTMENT o —a.. o o o lilt TO: TERI BRIDENHAGEN, PLANNING DIVISION FROM: RON McELROY, PUBLIC WORKS4z SUBJECT: PROPOSED ABANDONMENT OF P.U.E., LOT 350 KELLY RIDGE ESTATES UNIT 3, AP#069-190-035 (262.016) (PLANNING FILE ABAN 98-03) DATE: DECEMBER 1, 1997 On Monday, November 10th, the Board of Supervisors, under Agenda Item 5.04, approved the above noted abandonment. At your early convenience please prepare and file the Notice of Exemption for the abandonment. A check from Better Builders Construction, 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 you file. ------------------------ pec 0��� 95c( Planning Division LI E C U l 1y97 Oroville,California v . Ck- %o ... Department of Public - Works o o \ 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 N �� Ronald D.McElroy,Assistant Director— (530)538-7681 g (FAX)538-2140 Clc October 23, 1997 Ken and Joyce Weld c/o Better Builders Construction, Inc. 5263 Royal Oaks Drive Oroville, CA 95966 Attn: John Starr Re: Proposed Abandonment of P.U.E.,Lot 35,Kelly Ridge Estates Unit 3 AP#069-190-035 (262.016) Dear Mr. and Mrs.Weld: At the regular meeting of the Butte County Board of Supervisors on October 14, 1997, Resolution No. 97-133 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 service easement,a public utility easement on lots 35 of Kelly Ridge Estates Unit No. 3. A copy of the resolution is enclosed. It is rec9mmended 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. i Following the public hearing and adoption by the Board of a resolution abandoning the public service easement, a State required "Notice of Exemption" from environmental review must be recorded. Prior to the hearing, please provide to j our office the recording fee,in the form of a$25.00 check made payable to the Butte County Recorder. Should you have any questions,please contact our office between 7:30 A.M. and 4:00 P.M.,Monday through Friday. Sincerely, j Mike Crump Dir or of Public Works Ronald D. McEI oy Assistant Director RDM/lt Enclosure Planning Division cc: Planning, Attn: Lynn Richardson 0 C T 2 7 1997 . oroville,California Resolufion No. 97-133 RESOLUTION GIVING NOTICE OF HEARING ON PETITION TO ABANDON A PUBLIC SERVICE EASEMENT (A PUBLIC UTILITY EASEMENT,IN THE KELLY RIDGE ESTATES AREA) i 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 road district in which said public service easement 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 public service easement located°in the unincorporated area of the County of Butte, State of California, in the Kelly Ridge Estates area, identified as a portion of Assessor's Parcel Number 069-190-035, and described as follows: A portion of the Public Utility Easements lying within Lot 35 of Kelly Ridge Estates Unit vAieh map ':.d in the office of the Recorder of the County of Butte, State of ' California on July 26, 1974, in Book 43 of Maps at Pages 44 through 48; and also being a portion of the Southwest one-quarter of Section 6, Township 19 North, Range 5 East, M.D.M., and being more particularly described as follows: Being Public Service Easements 6.00 feet in width, lying contiguous to the property lines common to Lots'35 and 36 and Lots 35 and 34 and being designated on said map as Public Utility Easements. Excepting therefrom that portion lying within the existing 8.00 foot Public Utility Easement contiguous to Schmid Drive (known now as Kokanee Drive) as shown on said map. Also Excepting therefrom that portion lying within the existing 8.00 foot Public Utility Eas A portion of the Public Utility Easements lying within Lot 35 of Kelly Ridge Estates Unit 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 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 tRED DAVIS, Chair of the Butte County Board of Supervisors. ATTEST: JOHN BLACKLOCK Chief Administrative Officer and Clerk of the Bo By LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (916)538.7601 September 25, 1997 FAX: (916)538-7785 Ken and Joyce Weld Better Builders Construction, Inc. 5263 Royal Oaks Drive Oroville, CA 95966 Re: Abandonment, AP 069-190-035, File ABAN98-03 Dear Mr. and Mrs. Weld: At the regular meeting of the Butte County Planning Commission held September 25, 1997, your request for an abandonment of a public utilities easement located on Lot 35, Kelly Ridge Estates Unit 3, Oroville was found to be categorically exempt from CEQA and to be in conformity with the Butte County General Plan. Should you have any questions regarding this matter, please contact Larry Painter at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, L n Richardson Planning/Administrative 1 Support Service Assistant /Ir cc: Ron McElroy, Public Works .......... � ' -• a oun LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION N9.K• DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 September S, 1997 Ken and Joyce Weld Better Builders Construction, Inc. 5263 Royal Oaks Drive Oroville, CA 95966 Re: Abandonment, File ABAN98-03 Dear Mr. and Mrs. Weld: Enclosed is a copy of the report concerning your request for the abandonment of 2 public utilities easements located on Lot 35, Kelly Ridge Estates, Unit 3, located'between Arroyo Drive and Kokanee Drive, identified as AP 069-190-0035, Oroville. You request will be considered at the regular.meeting of the Planning Commission on September 25, 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.Cn. and 4:00 p.m., Monday through Thursday. Sin er _ Ly n Richardson Planning/Administrative Support Service Assistant /Ir Enc. cc: Richard Maxey, Public Works ABN 98-03 AP#069-190-035 Ken &Joyce Weld W 0 RT-1 r pose Aban on reas 8 ass t►'t � Q Q 9-190-035 o a� i � GG y� �ht . RT-1 o�VTr�o INTER-DEPARTMENTAL MEMORANDUM ° 0 0 PUBLIC WORKS DEPARTMENT o _0... o o `f- ` o TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES FROM: RON McELROY, ASSISTANT DIRECTOR OF PUBLIC WORKS SUBJECT: PROPOSED ABANDONMENT, PUBLIC SERVICE EASEMENTS, LOT 35, KELLY RIDGE ESTATES UNIT 3, AP # 069-190-035 (262.016) DATE: AUGUST 4, 1997 Attached for your staff's review and further action is a copy of a petition for abandonment of public service easements on Lot 35, Kelly Ridge Estates Unit 3, along with a plat 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 the Board. Copies of the letters from utilities are also attached. 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 Ken. and Joyce Weld, c/o Better Builders Construction, Inc., 5263 Royal Oaks Drive, Oroville, CA 95966. If additional information is required, contact me at your convenience. Attachments cc: Ken and Joyce Weld Surveys Planning Division AUG 0 5 1997 Oroville,California ti PETITION V R ABANDONMENT OF PUBLIC SER E EASEMENT No. 262.016 TO THE HONORABLE BOARD OF SUPERVISORS COUNTY OF BUTTE DATE: /� y ` , 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: Partial abandonment of Public Utility Easements lying within Lot 35 of Kelly Ridge Estates Unit 3, which map was filed in the office of the Recorder of the County of Butte, State of California on July 26, 1974 in Book 43 of Maps at Pages 44 through 48; and also being a portion of the Southwest one-quarter of Section 6, Township 19 North, Range 5 East, M.D.M., and being more particularly described as follows: Being Public Service Easements 6.00 feet in width, lying contiguous to the property lines common to Lots 35 and 36'and Lots 35 and 34 and being designated on said map as Public Utility Easements. Excepting therefrom that portion lying within the existing 8.00 foot Public Utility Easement contiguous to Schmid Drive (known now as Kokanee Drive) as shown on said map. Also Excepting therefrom that portion lying within the existing 8.00 foot Public Utility Easement contiguous to Arroyo Drive as shown on said map C:\MSOFFICEIWMWORD\TEWLATE\PSE.DOT 1 PETITION ABANDONMENT OF PUBLIC SE&E EASEMENT No. 262.016 Signature Address 52L 3 '?oy,t/ 04les Qt Print Name_4 N City Ore o�,llti State�rt Zip 23LLf Date Signature Q�-> 4 '� Address ��-5� '�° '�'g"'��f odfZ Print Name c-�✓ i Z E-LJCitState�Zip Date 7.2 7 Signature v� Address Y. " &6!� ,4 EF "C• Print Na City 9k©t// L[- C State ` ft 6 Date - -y� Signature Address 4A4f� c� Print Name AADO City ty"U14 4E State&&Zip 75144 Date J Signature Address Print Name City ngz4el State6L Zip 21;f,& Date 7 Signatu Address -A S-'C) Rte� &,-) Print Name Q s City Q4&u r Qn. Stat6.A Zip Date Signature Address Print Nam ,! City State ip Date 4;j Signature AAddress Print Name rid)A- L, —Z City Stated ip s ate 7 3/-� C:\MSOFFICE\WMWORD\TEWLATWSE.DOT 2 �L •a- .21 < -10 040, p�� JVG All Iwo tv , V Bold � � uaW�oP�o4d Paso �' • 0 0 0 • � 0 ,00 ti 1/0 =v a� o to-i `2 tiun sa}o44 OBP !H A119>1 M . � OROVILLE PUBLIC AREAUTILITY DISTRICT July 10, 1997 JOHN J. STARR BETTER BUILDERS CONSTRUCTION, INC. 5263 ROYAL OAKS DRIVE OROVILLE, CA 95966 Re: Butte County Assessor's Parcel No. 069-190-035-0 To Whom It May Concern: The Lake Oroville Area Public Utility District Board of Director's at their regularly scheduled Board meeting held July 8, 1997 adopted Resolution No. 5-97 Abandoning Public Utility Easements Within Lot 35, Kelly Ridge Estates Subdivision Unit 3. Said Resolution will be recorded with the Butte County Recorder's office on July 9, 1997. Should there be any questions concerning the above listed matter please contact the undersigned. Sincerely, LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT arol A. Hill, General.Manager encl. LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT 1960 Elgin Street•Oroville,CA 95966 916-533-2000 FAX 916-533-1750 RECORDING REQUESTED BY Lake Oroville Area Public Utility District WHEN RECORDED MAIL TO: 97-025691 Lake Oroville Area Public Utility District 1960 Elgin Street Oroville, CA 95966 AP: 069-190-035 SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION NO. 5-97 LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT ABANDONING PUBLIC UTILITY EASEMENT WITHIN LOT 35, KELLY RIDGE ESTATES SUBDIVISION, UNIT 3 WHEREAS, Kenneth I. and Joyce Weld, Jr. are the owners of Lot 35, as shown on that map of Kelly Ridge Estates Subdivision, Unit 3, the map of which is recorded in the office of the Butte County Recorder in Map Book 43 at Page 44 and, WHEREAS, Kenneth I. and Joyce Weld, Jr. has petitioned Lake Oroville Area Public Utility District to abandon the six (6') foot wide public utility easement adjacent to the north lot line, and adjacent to the south lot line of said Lot 35; and, WHEREAS, Lake Oroville Area Public Utility District does not maintain facilities which presently occupy said easement, nor does it have plans for future installation of facilities within said easement. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Lake Oroville Area Public Utility District does hereby abandon and waive all rights of occupancy, use and access to the public 'utilities easement that is six (6) feet in width and adjacent to the north lot line of said lot 35, and to the public utilities easement that is six (6) feet in width and adjacent to the south lot line of said Lot 35; and PASSED AND ADOPTED this 8th day of July, 1997 at Oroville, California, after being moved by Director Bal l and seconded by Director Kiely , by the following vote: AYES: Directors Ball , Dennis, Fraser, Glaze and Kiely NOES: None ABSENT: None ABSTAINED: None LAKE OROVILLE AREA PUBLIC LITY DISTRICT By ATTEST: __�\Michael C. Glaze, Presi e t UZ Carol A. Hill, Secretary 06/23/97 , 15:15 ^p916497 TCI - OROVILLE jj 2001 JUN-20-97 SAT 02 :45 M KELLY. RIDGE. REALTY 19165892942 P. 02 r 1 Tune 20, 1997 . To: Roy Williams TCI RE: Request for reinstatement of setback Better Builders Construction, Inc. request your recommendation to abandon the 6' easement, on Lot 35,Unit 3 in Kelly Ridge, AP4069-190-035, as recorded at Butte County(see attached sheets), and reinstate the 6' setback. This will make this lot the same as aU other lots in Kelly Ridge. Please sign below for approval recommendation and fax back to Better Builders Construction at 589-2942. Thank You, Jo St .Better Builders Construction, Inc. Recommend ApprovaC Date' Signatun�tle 1-29•-1997 10:29PM FRO* � P. JUN-20-97 SAT 01 :35 PM KELLY. RIUCE. REALTY ' 19165892942 P. 02 June 20, 1997 To: Bob Jasper Pacific Telephone Co. RE: Request for reinstatement of setback Better Builders Construction,Inc. request your recommendation to abandon the 6' easement,on Lot 35,Unit 3 in Kelly Ridge, AP#069-190-035,.as recorded at Butte County(see attached sheets), and reinstate the 6' setback. This will make this lot the same as all other lots in Kelly Ridge., Please sign below for approval recommendation and fax back to Better Builders Construction at 589.2942. Thank You, John St Better Builders Construction, Inc. Reoomend Approval: Date mt • yle-Aue� 0 W . I . D . -Warehouse TO916-533-2834 Juno� , D7 13 :54 No .001 P . 01 I",L'L.L.Y. I-!). :,f' . I'li ril. 11' 3 3 li•:E'?:;%•1:: I'. F 'r June 20, 1997 To; Qeorso Barber owin RE: Request eq eSt fir reinstatement of setback Better Builders Construction, Inc. request your recommendation to abandon the 6' easement, on Lot 3S,Utiit:;in Kelly Midge,-A 4069-190.035, as recorded at Butte County(see attached sheets), and reinstate the b' setback. This will make this lot the same OS all other lots In Kelly Ridge. Please sign below for approval recommendation and;fhx back to Better Builders Construction at 589-2012. Thank You, John 5t Better Builders Construction, Inc. k Reromm.and Apprnval: (yj '' bate gi the GN G QL) 06/24/97 TUE 07:04 FAX 916 4737 PG&E TLIN-�29-97 SRT 01 :26 PM KELLY. RIDGE. REALTY 1`g16589294� �,_ 002 June 20, 1997 To: Steve Gin-din PG& E RE: Request for reinstatement of setback Better Builders Construction, Inc. request your recommendation to abandon the 6' easement, on Lot 35, Unit 3 in Kelly Ridge, AP#069-190-035, as recorded at Butte County(see attached sheets), and reinstate the 6' setback. This will make this lot the same as all other lots in Kelly Ridge. Please sign below for.approval recommendation and fax back to Better Builders Construction at 589-2942. Thank You, Jo. st Better Builders Construction, Inc, Recommend Approval: = G � ,>�Gz�f Date SignatuteJritle �<<� f %'�fr�.;:-ice' . r