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FILE#: ABAN 98-01 PROJECT TYPE:Abandonment
APPLICANT: Vance Link
ADDRESS:P.O.Box 386,Berry Creek,CA 95916
OWNER:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
PROJECT DESCRIPTION: Abandonment of Aird Circle
PROPERTY ZONED: LOCATED: Aird Circle
AP#: TOWN/AREA: Berry Creek
GENERAL PLAN DESIGNATION: c.��'1
-70
1. Application complete:Duty 99� J � Amount: $ . 0 Receipt#:` VV 1 ° 3
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. Staff Report: Pe"" 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: /Y/f1" OCPGBR
13. Planning Commission Hearing(s): 'mss y7 4..r •
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: NOV 17 1997 Fish&Game Fees Paid: Yes I/ No
17. Send validated Use Permit:
18. Assessor's Memo:
19. Copy of Use Permit/Variance to Planning Technician:
97-355 Public hearing - Vance Link - abandonment of a public right-of-
-way in the Berry Creek area, known, as a portion of Aird Circle
(formerly Oroville. Quincy Highway) - action requested - ADOPT
RESOLUTION APPROVING ABANDONMENT AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 10-14-97)
MOTION: I MOVE TO ADOPT RESOLUTION 97-154 APPROVING THE
ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - November 10, 1997
( 5.J Vance Link - abandonment of a public right-of-way in the
Berry Creek area, known as a portion 'of Aird Circle
(formerly Oroville Quincy Highway) - action requested -
ADOPT, RESOLUTION 97-132 SETTING A PUBLIC HEARING FOR
-- MONDAY, NOVEMBER 10, 1997 AT 10:00 A.M.
t
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES' - October 14, 1997
Vance Link - (Item determined to be categorically exempt from environmental
review) Abandonment of Aird Circle Easement: Request to abandon a public right-
of-way identified as Aird Circle located on the southerly side of Oroville Quincy
Highway, approximately 1.5 miles west of Lake Madrone, on property zoned "U"
(Unclassified), identified as AP 062-640-007,008, Berry Creek area. (LP) (ABAN98-
01)
y ..
It was moved by Commissioner Mooney, seconded by Commissioner Cage, and
unanimously carried to approve the Consent Agenda.
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BUTTE COUNTY PLANNING COMMISSION MINUTES - September 25; 1997 �^
AGENDA REPORT
TO: Honorable Chair and Planning Commission
FROM: Department of Development Services
DATE: August 26, 1997
REQUEST: Vance Link. File #ABAN98-01 -Abandonment of Aird Circle Easement: This
is a request to abandon a public right-of-way identified as Aird Circle located on
the southerly side of Oroville Quincy Hwy approximately 1.5 miles west of Lake
Madrone, identified as AP 062-640-007 and 008, Berry Creek area, in an area
zoned U (Unclassified). 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 Aird Circle. 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 two parcels adjoining Aird Circle requests the easement be
abandoned to stop people from using the property for parties, etc., which is resulting in the
accumilation of garbage. At present the right-of-way is gated from through traffic. An old
abandoned log house which was-built for a movie many years ago fronts the easement. The
easement serves no other parcels.
The parcels located adjacent to this road are zoned U. The Berry Creek Water User's, Inc. has
a canal running adjacent to the easement on the northerly side. P.G. & E. also has a utility pole
that traverses the easement. The final map should provide an easement for their use.
Comments received from Berry Creek Water User's, Inc. and Pacific Gas & Electric indicate no
objections to the abandonment.
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 11 people- requesting 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 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.
■Butte County Department of Development Services ■
1
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RECOMMENDATION: Staff recommends that the Planning Commission find the application for
abandonment of Aird Circle to be categorically exempt from CEQA and to be in conformity with
the Butte County General Plan. The following conditions of approval are recommended to the
Board of Supervisors:
1. Reserve in the resolution approving the abandonment an easement for public utility
purposes over the property being abandoned.
2. The Berry Creek Water Water User's, Inc. shall retain an easement for access to the
panal.
Attachments:
A: Vicinity Map
B: Site Plan
C: Property Description
■Butte County Department of Development Services ■
2
Vicinity Map 4�
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ABAN 98-01
APN 0062-640-007, 008
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062-640-007 062-640-008
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BUTTE COUNTY PLANNING COMMISSION
Applicant: Vance Link Owner: Same
Hearing Date:September 25, 1997 @ 9:00 am. Existing Zone: U(Unclassified) A
Request: Abandonment of Aird Circle located on the south side of Oro-Quincy Hwy approximately No Scale
one mile north of Bald Rock Road. Assessor Parcel No: Adjoining AP#062-640-007, 008 File: 98-01
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L:, 062 640 007 000 STATUS: ACTIVE
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PAVLIK RUDY S
1749,24TH AVENUE :
OAKLAND C 94601
L: 061 450..-0 13 000 STATUS: ACTIVE
FISHER GENE .
P 0 BOX 10,
BERRY CREED: CA 95916
L:�„061 '450 014 9100 STATUS: ACTIVE
TROTTIER FRANCIS & YWING MING JYANG
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1351$ LAKE WILDWOOD DRIVE
PENN VALLEY CA 95946
L: 061 450 015 000 STATUS: ACTIVE
BROWN BOBBIE RAY
P ,O BOX 860
BERRY CREEK ICA 95916
L: 061 450 ti;�-16 000 STATUS: ACTIVE
HOOPER DAVID L
20729 TIMES
HAYWARD CA 94541
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L: .061 450 017 000 STATUS: ACTIVE .
LAF:E MADRONE WATER DISTRICT
PO BOX 61
BERRY CREEK CA 95916
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HOLT DAVID A SS
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LINK VANCE SS LYLES GEORGE EDWARD & BERTHA JT
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P D BOX 386 P O BOX 621
BERRY CREEP; CA 95916 BERRY CREED: CA 95916
L: 061 450 (1 000 STATUS: INACTIVE L: 061 450 027 X100 STATUS: ACTIVE
PAVLIK RUDY S HOLT DAVID A SS
1749 24TH AVENUE P 0 BOX 13
OAKLAND C 94601 BERRY CREEP; CA 95916
L: 061 450 if 13 000 STATUS: ACTIVE L: 061 450 029 01%10 STATUS: ACTIVE
FISHER GENE PARSONS JAMES BUNYAN-
P O BOX 10 P O BOX 386
BERRY CREEP; CA 95916 BERRY CREEK CA 95916
L: 061 450 014 000 STATUS: ACTIVE L: 061 450 0.30 000 STATUS: ACTIVE
TROTTIER FRANCIS & YWING MING JYANG YOUNG TRUST
BELCHE ELAINE V TRUSTEE
13518 LAKE WILDWOOD DRIVE 3115 HARBOUR DR
PENN VALLEY CA 95946 ANTIOCPf CA 94509
L: 061 450 015 000 STATUS: ACTIVE L: 061 450 031 000 STATUS: ACTIVE
BROWN BOBBIE RAY EBERSOLE SHARON L ETAL
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P 0 BOX 860 F' 0 BOX 124
BERRY CREEK `. CA 95916 BERRY CREEP' CA 95916
L: 061 450 016 000 STATUS: ACTIVE L: 062. 130 021 000 STATUS: ACTIVE
HOOPER DAVID L RUTSCH- REVOCABLE TRUST
RUTSCH GERHARD & JENNY TRUSTEES
20729 TIMES 1644. BERRY RD
HAYWARD CA 94541 RIO OSO . CA 95674
L: 061 450 017 000 STATUS: ACTIVE L: 062 640 009 000 STATUS: ACTIVE
LATE MADRONE WATER DISTRICT MOORE DAVID B L JENIFER L
PO BOX 61 P O ;BOX 1370
BERRY CREEP:: CA 95916 BERRY CREED; CA 95916
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�! 00 � Dcartment of Pudic Works
/ ° ° C o u n t y o f B u t t e
0 0 7 County Center Drive
\� ° � ° J. Michael Crump, Director ty
Oroville,CA 95965
Ronald D.McElroy,Assistant Director (530)538-7681
0 (FAX)538-2140
LIC
November 24, 1997
Vance Link
P.O. Box 386
Berry Creek, CA 95916
Re: Abandonment,Aird Circle, Berry Creek "
(262.009)
Dear Mr. Link:
On November 10, 1997, the Board of Supervisors adopted Resolution No. 97-154, abandoning a
portion of Aird Circle, in the Berry Creek 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
Director of Public Works
l /
Ronald D. McElr y
Assistant Director
RDM/It
Enclosure
cc: Survey
✓Planning Division, w/Resolution
Attn: Lynn Richardson
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Resolution No. 97-154
RESOLUTION ABANDONING
A PUBLIC RIGHT-OF-WAY
(A PORTION OF AIRD-CIRCLE , IN THE BERRY CREEK 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
Js 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 Berry Creek area, is known as a portion of Aird
Circle (formerly Oroville Quincy Highway. and is described as follows:
All that certain real property situate in the County of Butte, State of California, described
as follows:
Being a portion of the Northeast one-quarter of Section 28, Township 21 North, Range 5
East, M..D..M., as shown on that certain right-of-way of Oroville Quincy Highway, which
map was filed in the Office of the Butte County Public Works, in map file E-1240, and
more particularly described as follows;
All that portion of Aird Circle lying southerly of the following described line.
Beginning at a point on the existing right-of-way line of Oroville Quincy Highway. Said
point being 40.00 feet right of Engineers Centerline Station `L1' 171+04.32 as shown on
said map E-1240.
Thence leaving said right-of-way line South 65°10'51" West, a distance of 34.31 feet to a
point being 40.00 feet right of Engineers Centerline Station ` L1' 170+65.18:
Thence South 29°31'16"West, a distance of 5 3.42 feet;
Thence South 18°39'00" West, a distance of 161.26 feet;
Thence South 50°09'00"West, a distance of 73.09 feet;
Thence South 79°39'00" West, a distance of 87.53 feet;
Thence North 41°51'00" West, a distance of 159.28 feet to a point being 47.48 feet right
of Engineers Centerline Station `L1' 167+24.89;
Thence South 48°09'00" West, a distance of 40.00 feet to a point being 74.37 feet right of
Engineers Centerline Station `L1' 166+95.28;
Thence South 17°09'12" West, a distance of 11.65 feet to a point on the Southerly right
of way line of said Oroville Quincy Highway as shown on said map E-1240, said point
being 85.48 feet right of Engineers Centerline Station 'L1' 166+98.79 and being the end
of said line.
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. W.
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 ate .
• o �
THE FOREGOING INSTRUMENT IS A CORRECT COPY OF
.THE ORIGINAL ON FILE AND OF RECOPD IN THIS OFFICE
* =ATTEST DATE d0-2/92
/-2/92
Clerk of the Bcard of Supervisors
JOHN S.BLACKLOCK in and for the County of Butte
State f C lif nia
By DEPUI
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Date 12/03/97 ODevelopment Services Department
Time 2:34 pm Applicant Billing Worksheet Page 3
ABAN 98-01 * Vance Link
P.O. Box 386
Berry Creek, CA 95916
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
i 07/28/97 Teri B. / C 0.50 17.00
#12254 Clerical 34.00
08/25/97 Larry P. / P 1.50 88.50
#12475 Processing 59.00
09/08/97 Lynn R. / C 1.00 45.00
#12661 Clerical 45.00
09/22/97 Lynn R. / C 0.25 11.25
#12813 Clerical 45 .00
11/17/97 Teri B. / C 0.25 8.50
#13846 Clerical 34.00
11/17/97 Teri B. / C 0.25 8.50
#13912 Clerical 34.00
TOTAL BILLABLE TIME CHARGES 3. 75 $178. 75
TOTAL BILLABLE COSTS $0.00
TOTAL NEW CHARGES $178.75
PAYMENTS/REFUNDSICREDITS
04/03/97 Deposit - PW Receipt #187370 (50.00)
TOTAL PAYMENTS/REFUNDS/CREDITS ($50.00)
1 ,zi
Date 12/03/97 ``'_ evelopment Services Depar*ent
Time 2:34 pm Applicant Billing Worksheet Page 4
ABAN 98-01 * :Vance Link- (continued)
NEW BALANCE
New Current period 128. 75
I
TOTAL NEW BALANCE $128. 75
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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 -D
NOV 1 g 199
Project Title: Abandonment of Public Right-of-Way, File #ABAN 98-01 CAN E(J:GR BBS, Co.Clerk
Assessor's Parcel No.: sy Deputy
Applicant: Vance link
Project Location-Specific: Aird Circle
Project Location-City: Berry Creek Project Location-County: Butte
Description of Nature, Purpose and Beneficiaries of Project: Abandonment of Aird Circle
i
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 (0)
_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 Craig Sanders
Senior Planner
j:\linda\noe.nod\noe.abn
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} DECLARATION OF FEES&E
(California Fish and Game Code Section 711.4)
NAME AND ADDRESS OF APPLICANT
Vance Link
P.O. Box 386
Berry Creek, CA 95916
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. O 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). #16118
I
2. ( ) NON-PAYMENT: The above fees are required. Not paid.
II
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 AL,ENVIRONMENTAL
DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE.
THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING.
AL 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.
JATERIW OE.NODT&G.FEE
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77
177 u.
GATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC ZONING •BNV OTHER APPLICANT RECEIVED FROM
NO. RECEIVED WORKS PERMITS DOCUMENTS NBALTN
y RECEIPT 16118
• OFFICIAL RECEIPT
COUNTY OF BUTTE
STATE OF CALIFORNIA
OFFICE OF PLANNING
• ISSU Lp 9V
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JAMES B. PARSONS 19�-= 1642
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BgARY-CREEK, CA 95916 11,W1210
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ANTER-DEPARTMENTAL MEMORANDUM °
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PUBLIC WORKS DEPARTMENT O �. O
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TO: TERI BRIDENHAGEN, PLANNING DIVISION
FROM: RON McELROY, PUBLIC WORKS
SUBJECT: ABANDONMENT, AIRD CIRCLE, BERRY CREEK
(262.009) (PLANNING FILE ABAN 98-01)
DATE: NOVEMBER 13, 1997
On Monday, November 10th the Board of Supervisors, under Agenda Item 5.03, approved the
above noted abandonment.
At your early convenience please prepare and file the Notice of Exemption for the
abandonment. A check from James B. Parsons, 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.
C �.DOC
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j o�U..T OW Department of Public Works
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o C o u n t y o f B u t t e
\ o O / J. Michael Crump,`Director 7 County Center Drive
Oroville,CA 95965
Ronald D.McElroy,Assistant Director (530)538-7681
q, g (FAX)538-2140
"BLIc- —
October 23, 1997
j
Vance Link
P.O. Box 386
Berry Creek, CA 95916
Re: Proposed Abandonment,Aird Circle,Berry Creek
(262.009)
Dear Mr. Link:
At the regular meeting of the Butte County Board of Supervisors on October 14, 1997,
Resolution No. 97-132 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 Aird Circle, in the Berry Creek 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. /cElroy
Assistant Director
RDM/lt
Enclosure Planning Division
cc: Planning, Attn: Lynn Richardson v/ 0 C T 2 7 1997
Oroville,California
1
Resolufion No. 97-132
RESOLUTION GIVING NOTICE OF HEARING ON PETITION
TO ABANDON A PUBLIC RIGHT-OF-WAY
(A PORTION OF AIRD CIRCLE, IN THE BERRY CREEK 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
are residents of the 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.
i
NOW, THEREFORE,BE IT RESOLVED by the Board of Supervisors:
1. That this Board herebygives notice that at its regular meeting
81 � 8
on November 1n, 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 Berry Creek area, known
as a portion of Aird Circle (formerly Oroville Quincy Highway), and described as follows:
Allthat certain real property situate in the County of Butte, State of California, described
as follows:
Being a portion of the Northeast one-quarter of Section 28, Township 21 North, Range 5
East, M..D..M., as shown on that certain right-of-way of Oroville Quincy Highway, which
map was filed in the Office of the Butte County Public Works, in map file E-1240, and
more particularly described as follows;
All that portion of Aird Circle lying southerly of the following described line.
Beginning at a point on the existing right-of-way line of Oroville Quincy Highway. Said
point being 40.00 feet right of Engineers Centerline Station `L1' 171+04.32 as shown on
said map E-1240.
Thence leaving said right-of-way line South 65°10'51" West, a distance of 34.31 feet to a
point being 40.00 feet right of Engineers Centerline Station ' L1' 170+65.18: _
Thence South 29°31'16" West, a distance of 53.42 feet;
Thence South 18°39'00"West, a distance of 161.26 feet;
Thence South 50°09'00" West, a distance of 73.09 feet;
Thence South 79°39'00" West, a distance of 87.53 feet;
Thence North 41°51'00"West, a distance of 159.28 feet to a point being 47.48 feet right
of Engineers Centerline Station `L1' 167+24.89; �^
Thence South 48°09'00"West, a distance of 40.00 feet to a point being 74.37 feet right of
Engineers Centerline Station `L 1' 166+95.28;
Thence South 17°09'12" West, a distance of 11.65 feet to a point on the Southerly right
of way line of said Oroville Quincy Highway as shown on said map E-1240, said point
being 85.48 feet right of Engineers Centerline Station 'L1' 166+98.79 and being the end
of said line.
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 .ent-er–D-dY Oro-A e.,
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).
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
PIRM DAVIS, Chair of the
Butte County P Board of Supervisors
ATTEST:
JOHN BLACKLOCK
Chief Administrative Officer
and Clerk of the Board
By �.
.e^s� a r....
....... U ite, Count
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
Vance Link
P.O. Box 386
Berry Creek, CA 95916
Re: Abandonment, AP 062-640-007, File ABAN98-01
Dear Mr. Link:
At the regular meeting of the Butte County.Planning Commission held September 25,
1997, your request for an abandonment of a public right-of-way identified as Aird Circle,
Berry Creek area was found to be categorically exempt from CEQA and to be in conformity
with the Butte County General Plan. The following conditions of approval are
recommended to the Board of Supervisors:
1. Reserve in the resolution approving the abandonment an easement for public utility
purposes over the property being abandoned.
2. The Berry Creek Water User's, Inc. shall retain an easement for access to the
canal.
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,
Lyn�hardson
Planning/Administrative
Support Service Assistant
/Ir
cc: Ron McElroy, Public Works
fount
LAND OF NATURAL WEALTH AND BEAUTY
f
PLANNING DIVISION
"• =^ DEPARTMENT OF DEVELOPMENT SERVICES
7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397
TELEPHONE: 1916)538-7601
FAX: (916)538-7785
September, 1997
Vance Link
P.O. Box 386
Berry Creek, CA 95916
Re: Abandonment, File ABAN98-01
Dear Mr. Link:
Enclosed is a copy of the report concerning your request for the abandonment of a public
right-of-way identified as Aird Circle located on the southerly side of Oroville Quincy
Highway, approximately 1.5 miles west of Lake Madrone; on APN 062-240-007 and 008,
Berry Creek area.
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.m. and 4:00 p.m., Monday through Thursday.
Sin erely, ,
Lyn Richardson
Planning/Administrative
Support Service Assistant
/Ir
Enc.
cc: Richard Maxey, Public Works
Aban 98-01
AP#0062-640-007, 008
Vance Link
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INTER-DEPARTMENTAL MEMORANDUM o
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PUBLIC WORKS DEPARTMENT o _—:�.._� y o
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TO: TOM PARILO, DIRECTOR OF DEVELOPMENT SERVICES
FROM: RON McELROY, ASSISTANT DIRECTOR OF PUBLIC WORKS
SUBJECT: ' PROPOSED ABANDONMENT, AIRD CIRCLE, BERRY CREEK
(262.009)
DATE: JULY 29, 1997
Attached for your staff's review and further action is a copy of a petition for abandonment of
Aird Circle, in Berry Creek, along with plats delineating the subject area. The $262.00
abandonment processing fee has been paid. k
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. Note that there is an
easement reservation for utilities. 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 Vance Link, P.O. Box 386, Reny Creek, CA
95916. If additional information is required, contact me at your convenience.
Attachment
cc: Vance Link
Surveys
Planning Division
JUL 2 9 1997
Oroville,California
• PETIT FOR ABANDONMENT OF PUBLIC9, GHWAY
No. 262.009
TO THE HONORABLE BOARD OF SUPERVISORS ,,//
COUNTY OF BUTTE DATE:_ T
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:
All that certain real property situate in the County of Butte, State of California, described as follows:
Being a portion of the Northeast one-quarter of Section 28, Township 21 North, Range 5 East, M.D.M., as
shown on that certain right of way map of Oroville Quincy Highway, which map was filed in the Office of the
Butte County Public Works, in map file E-1240, and more particularly described as follows;
All of that portion of Aird Circle lying Southerly of the following described line.
Beginning at a point on the existing right of way line of Oroville Quincy Highway. Said point being 40.00 feet
right of Engineers Centerline Station ` Ll' 171+04.32 as shown on said map E-1240.
Thence leaving said right of way line South 65°10'51" West, a distance of 34.31 feet to a point being 40.00
feet right of Engineers Centerline Station ` Ll' 170+65.18:
Thence South 29°31'16" West, a distance of 53.42 feet;
Thence South 18°39'00" West, a distance of 161.26 feet;
Thence South 50°09'00" West, a distance of 73.09 feet;
Thence South 79039'00" West, a distance of 87.53 feet;
Thence North 41°51'00" West, a distance of 159.28 feet to a point being 47.48 feet right of Engineers
Centerline Station `L l' 167+24.89;
Thence South 48°09'00" West, a distance of 40.00 feet to a point being 74.37 feet right of Engineers Centerline
Station `Ll' 166+95.28;
Thence South 17'09'12" West, a distance of 11.65 feet to a point on the Southerly right of way line of said
Oroville Quincy Highway as shown on said map E-1240, said point being 85.48 feet right of Engineers
Centerline Station 'L1' 166+98.79 and being the end of said line.
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-1240
,URDCLR1.ABN 1 .
PETITINFOR ABANDONMENT OF PUBLIC SHWAY
No. 262.009
Signature P,&VAddress_ 6N
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AIRDORI.ABN 2
Mav 15. 1997
To: Hoard of Directors of Berry Creek Water Users, Inc.
From: Pat Braunagel, Director
Subject: Request by Vance Link, a member of Bene. Creek Fater users, Inc.
Vance Link owns property in the area where the,old I JS Post Office was_located.
Part of the propem he owns is located directh° across the road from the old US Post
Office and the property includes a small loop segment of the old highway of about 1'8 mile
which passes ncar an old mo:•ic sct used many years ago to produce a film.
N.-Ir. Link has applied with the county to have this old portion of the highway
abandoned so he can close each end of the loop to stop people from using the property for
parties, etc., resulting in noise and the deposit.of significant amounts of garbage. The
county has approved los request after illi•. Litik paid a fee of approxiinately $250. 'heir
approval was made contingent upon approval of the Berry Creek Water Users, Inc.
because part of the ditch lows through this portion of his property.
Nlr. Link has guarant:,ed that lie will protiide coinnplete access to the Berry Creek
Water Users, Inc. for perpetuity and will give them keys to the locks he uses to block this
small loop segment of the old highway. IIe further agrees that his sale of the property will
include this access right to any and all future buyers of said property. He further agrees
that this access right will be recorded and can not be removed from the title unless
approved by the i3erry Creek Water Users, Inc.
Vance Link's signature below indicates his approval of this agreement. Zane
Butterfield's (President of the Bem,Creek Water IJser's, Inc.) signature below indicates
approval by the board of.directors of Berry Creek Water user's, Inc.
zZ
rAA64—
N.'ance
Linl , Property Owner
;,e Butterfield, Preside t of Berry Creek Water use ' C.
Initialed by all Directors: Bob Carnernn
Jack Cameron /
Mel Keoppel
Datie IIoit
Alice Carlson
Pat Braunagcl ��
I
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,�
E
Pacific Gas and Electric Company 460 Rio Lindo Avenue Don Chambers
Chico,CA 95926 Chico Land Rights Office
916/894-4423
FAX 916/894-4737
May 9, 1997
Mr. Vance Link
P.O. Box 386
Berry Creek, CA 95916
RE: Proposed Abandonment of Arid Circle, Berry Creek
File: (262.009)
Dear Mr. Link:
PG&E was asked for our comments regarding the subject abandonment.
Please be advised that PG&E has no facilities within the subject easement to be
abandoned, and we have no objection to the proposed abandonment without
reservation.
PG&E does have by separate easement a pole line that crosses the proposed
abandonment area. Our rights to operate and maintain this line are covered under our
easement.
If any construction activities are proposed within the subject area, please contact the
Underground Service Alert(U.S.A.),telephone 1-800-642-2444, at least 48 hours
prior to such work.
If you have any questions, piease call me in Chico at.894-4423.
Sincerely,
Donald W. Chambers
Land Agent
(file: aridcrle.ltr)
cc: Ronald D. McElroy
Department of Public Works
Butte County
7 County Center Drive
Oroville, CA 95965
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County of Butte, Calif.
62-50 _
WR/GNT STATION SUB. UNIT / AI:O.R. 116-94196 2-28-90 LOTS l IAre 1
REVISED: 7-92