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HomeMy WebLinkAboutABAN 96-04_PLANNING 1 � : lu�� l� l � � tl� � I Ptl I � IIIII � ' SEPARATOR SHEET mry 0?,�0 - 290- 02.b - PROJECT NUMBER 2b,QoJERNUMeEa 0.0.R�1 llu'04 PROJECT SUMMARY SHEE" FILE NO. ABAN 96-04 PROJECT TYPE: Abandonment APPLICANT: Bartbart & Brown IZi of W and Athl i c Utilities FaaCgT)Pnt ADDRESS: P.O.Box 1766, Orodille, CA 95965 OWNER: ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Abandonment: Right of Way and Public Utilities Eacartwnt, up a partinn of nanr1>>1 a Place, property located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte RD. PROPERTY ZONED: LOCATED: AP NO.: 036-240-028,029,032,033,34, TOWN/AREA: Oroville 035 and 036 GENERAL PLAN DESIGNATION: 1. Application Complete: Amount:, Receipt No.: L Comments sent to: 3. Comments received from: C Rezone Petition Signatures Checked: 5. Mailing Ust/Lead-InrShoot: `` 6. Assigned To: .�fC.Vc. T. Environmental Determination: �Categorlcal Exemption-CEOA# State Clearinghouse No.: Planil n Pr-NRIlrent Negative Declaration MAR 2 a 1996 Mitigated Negative Declaration Subject to Fish&Game: D ®rDyll►d, • antoeilia _Environmental Impact Report Gen.Rule Ex.-CEOA#15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required:Yes No Date Sent to SCH: 10: Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: �A G� Number of Notices: 12 Newspaper Publication Date: `� -/ / O C P G B R 13. Planning Commission Hearing(s): (P ( `�, 7,�� ✓n ' Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors'Hearing(s): -' s 9 �i f�� ✓� Action taken: A413 �l �� � �`l2er✓� Board Resolution No.: Ordinance No.: Adopted: 15. Type Use Permit/Send for Signature: 1s. N.O.EJN.O.DJAPPENDIX G: Fish$Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use PenniWadance to Planning Technician: '`n } ' ir. .a, 96-186 Public hearing - Barnhart & Brown - abandonment of aright-of--way and public utilities easement on a portion of Dandy's Place, property located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road, Oroville, identified as AP 036-240-028, -029, -032, -033, -034, -035 and -036 - action requested-ADOPT RESOLUTION APPROVING THE ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-14-96) MOTION: I MOVE TO FIND THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW;THE PROPOSED ABANDONMENT IS IN CONFORMANCE WITH THE BUTTE COUNTY . GENERAL PLAN; AND SUBJECT TO THE ENVIRONMENTAL AND GENERAL PLAN FINDINGS, ADOPT -�' RESOLUTION 96-73 APPROVING THE ABANDONMENT OF THE PUBLIC RIGHT-OF-WAY FOR A PORTION OF DANDY'S PLACE FOR PROPERTY• DENTIFIED AS AP 036-240-028, -029, -032, -033,. -034, -035 - AND -036, (RESERVE IN THE RESOLUTION APPROVING THE ABANDONMENT A PUBLIC UTILITY EASEMENT FOR THE OROVELLE-WYANDOTTE IRRIGATION DISTRICT OVER THE PROPERTY BEING ABANDONED) AND AUTHORIZE THE CHAIR TO SIGN. 'M .S - VOTE: l Y 2Y 3Y 4 NP 5 Y(Unanimously Carried) ,_ _.__BUTTE_COUNTY_BOARD OF SUPERVISORS MINUTES — June 25 , 1996 - i A. Barnhart & Brown - (Item determined to be categorically exempt from, environmental review) Abandonment of a public right-of-way and public utilities easement on a portion of Dandy's Lane, located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road, on property zoned AR-MH-5 (Agricultural Residential - Mobile Home - 5 acre parcels), identified as AP 036-240-028, 029, 032, 033, 034, 035, and 036, Oroville. (SB) (ABAN96-04) There was a consensus that the abandonment would not deprive any parcels of access. Chairman Seegert said that the one condition is missing a word. Mr. Betts said that the word "property" should be inserted in the condition, as in: "over the propeM being abandoned." It was moved by Commissioner Nelson, seconded by Commissioner Cage and carried unanimously for approval of the abandonment of the public right-of-way and public utilities easement for a portion of Dandy's Place, subject to the findings and condition in the Agenda Report dated May 9, 1996. Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Section 2: General Plan Findings. A. The proposed abandonment is in conformance with the Butte County General Plan; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, approve the Abandonment of the public right-of-way for a portion of Dandy's Place for property identified as APN 036-240-028, 029, 032, 033, 034, 035, & 036. Conditions. 1. Reserve in the resolution approving the abandonment a public utility easement for the Oroville-Wyandotte Irrigation District over the property being abandoned. , : BUTTE COUNTY PLANNING COMMISSION MINUTES _ May 9,- 1996 AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Barry K. Hogan, Planning Manager BY: Stephen Betts, Assistant Planner DATE: April 22, 1996 REQUEST: Abandonment of a Right of Way and Public Utilities Easement on APNs 036-240-028, 029, 032, 033, 034, 035, &036: This is a request to abandon a public right-of-way and public utilities easement on a portion of Dandy's Lane. This project is located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road, Oroville, in an area zoned ARMH-5. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Meeting of May 9, 1996. SUMMARY: This is a report for the abandonment of a portion of Dandy's Place. 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. I ANALYSIS: A 1,925 foot section of Dandy's Place will be abandoned as a result of this-application. The parcels located adjacent to this section of Dandy's Place do not require this road for access. Access to the affected parcels is from Van Duzer Lane, Edna's Way, or Kitty Glen Court. The Oroville-Wyandotte Irrigation District(OWID) has an easement for a existing pipeline that lies in a section of the proposed abandonment, between APN 036-240-035 and 029. In order to preserve the OWID easement, a condition of the project will require that the OWID easement be reserved in the resolution approving the abandonment. No other public utilities require an easement on Dandy's Place. The abandonment will effect seven parcels: APNs 036-240-028, 029, 032, 033, 034, 035, & 036. 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 12 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 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 approve the application for abandonment of a portion of Dandy's Place in conformity with the Butte County General Plan as follows: Section 1: Environmental Findings. A. The project is categorically exempt from environmental review; and Section 2: General Plan Findings. A. The proposed abandonment is in conformance with the Butte County General Plan; and i ■Butte County Department of Development Services ■ Planning Division■ i 1 •• A. The proposed abandonment is in conformance with the Butte County General Plan; and Section 3:Action. A. Subject to the findings indicated in Sections 1 and 2 of this report,approve the Abandonment of the public right-of-way for a portion of Dandy's Place for property identified as APN 036-240-028, 029, 032,033,034,035, &036. Conditions. 1. Reserve in the resolution approving the abandonment a public utility easement for the Oroville- Wyandotte Irrigation District over the being abandoned. Attachments: A: Vicinity Map B: Site Plan C: Property Description k:\projects\dandys.abn\dandys.rpt ■ Butte County Department of Development Services ■ Planning Division 2 Vicinity Map Orovift rden R o � �a o o: U C �D Q' Pr ' c Location 40 ya�yo live Ro �Ro ABAN 96-04 AP#036-240-028, 029& 035 a imont Road _ roposed bandonment IQ tt Glen Coutt_ _ :SS ,f --- ° y 8 c; Parcels affected sn Ile BUTTE COUNTY PLANNING COMMISSION Applicant: Barnhart&Brown Owner: Various Hearing Date: May 9, 1996 @ 9:00 a.m. Existing Zone: ARMH-5 A Request: Abandonment of a right of way and public utilities easement. No Scale Assessor Parcel No: 036-240-028, 029& 035 Bile: 96-04 Ahanrinnmant 96-nlL Q.P Section 25, T19N, ME (Barnhart & Brown) FUZZ I.ZZ ABAN 96-04 • 30 Day Review Period Encs 5�? Review Period Ends OUTGOING ACTIVITY Date Age nc;r/? :-son . 02 9 1996 I � I i � i i MAR 2 Q 1996 • ®rt�v�t�, �..,�r��i�ia ?- RC-' Riabt of Ugg anri Wlhlir TTtilitiac Tacwmnt � Ap T Section 25, T19N, R4E Mrthart & Brown) *--- — j ARAN 96-04 r1Lr. d Day Re�rzeT,v cor=od. Bad_ c^-_ ReRre�v Period Bad= CORREBPONDEi,1CL! COMME`tTS RE:.=TITEJ Date Agencf!?erson { . I I Planning any rtm rt R i MAR Q 1996 fovOu..) III it �I Date 07/31/96 telopment Services Department Time 3:27 pm Applicant Billing Worksheet Page 1 ABAN 96-04 * Barnhart & Brown 2060 Park Avenue Oroville, CA 95966 In reference to : Abandonment, AP#036-240-028, etc. Rounding : None Full Precision : No Last bill / / Last aging Last charge 07/25/96 Last payment / / Amount $0.00 Date/Slip# Description HOURSIRATE AMOUNT TOTAL 03/25/96 Steve B. / P 0.50 29.50 #8283 Processing 59.00 03/25/96 Linda / C 0.50 17.00 #8316 Clerical 34.00 04/22/96 Larry / P 1.00 59.00 #8484 Processing 59.00 05/06/96 Diana / C 0.40 13. 60 #8702 Clerical 34.00 05/20/96 Lynn / C 1.00 45.00 #8813 Clerical 45.00 07/15/96 Linda / C 0.50 17.00 #9389 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 3. 90 $181. 10 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $181. 10 PAYMENTS/REFUNDS/CREDITS 03/20/96 Deposit . (212.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($212.00) Date 07/31/96 Development Services Department Time 3:27 pm Applicant Billing Worksheet Page 2 ABAN 96-04 * :Barnhart & Brown (continued) NEW BALANCE New Current period (30.90) TOTAL NEW BALANCE ($30. 90) APPENDIX A til 2 41996 NOTICE OF EXEMPTION cANDACE y(R s �e I` S ['jTj 'E CO.CLERK TO: Office of Planning and Research FROM: Butte County Planning Division DEPUTY 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 ProjectTitle: ABAN 96-04 Assessor's Parcel No.: 036-240-028, 029, 032, 033, 034, 035 and 036 Applicant: Barnhart & Brown. Project Location-Specific: On portion of Dandy's Place, property located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road. Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Abandons a right-of-way and public utilities 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 (a) Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; Contact Person: William Farrel Telephone: (916) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: oblopment F rel ce Director • DECLARATION OF FEES DU� (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Barnhart & Brown P.O.Box 1766 Oroville, CA 95965 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: 1PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not-paid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Department of Development Services Date: 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. .- a a � APPENDIX A �.I 2 A 1996 NOTICE OF EXEMPTION CAN DACO.GVALEi1ERK DEPUTY 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: ABAN 96-04 Assessor's Parcel No.: 036-240-028, 029, 032, 033, 034, 035 and 036 Applicant: Barnhart & Brown Project Location-Specific: On portion of Dandy's Place, property located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road. Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Abandons a right-of-way and public utilities 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 (a) Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; Contact Person: William Farrel Telephone: (916) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: o William F rel ent Service Director DECLARATION OF FEES DUE (California Fish and Game Code Section 7 1.4) NAME AND ADDRESS OF APPLICANT Barnhart & Brown P.O.Box 1766 Oroville, CA 95965 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 DETERMNATION - 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. 00 PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not-paid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Department of Development Services Date: 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. 1p APPENDIX A EIAL 1996JEPUTY NOTICE OF EXEMPTION CANDAC6J.C l�EggS.g�TIE E� C 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: ABAN 96-04 Assessor's Parcel No.: 036-240-028, 029, 032, 033, 034, 035 and 036 Applicant: Barnhart & Brown Project Location-Specific: On portion of Dandy's Place, property located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road. Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Abandons a right-of-way and public utilities 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 (a) Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; Contact Person: William Farrel Telephone: (916) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: o William F rel nt Service Director l` ! DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Barnhart & Brown P.O.Box 1766 Oroville, CA 95965 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. OQ PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not-paid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Department of Development Services Date: 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. 2. DATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC ZONING ENV OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS HEALTH • RECEIPT 15526 OFFICIAL RECEIPT r' COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING , ISSUED BY � :.i i 11-35/1210 GLENN L. DAWSON CDL N0255967 4560 CAROLYN A. DAWSON CDL N2469177 4068 EDNAS WAY 589-55037/73 OROVILLE, CA 95966 Pa to of the e --XC— I s �.— Ord lid � Dollars 8 Ea HI Bank of&mefta �•,��� Oro Dam Branch 1169 Customer ince 1820 Oro Dam Boulevard 19 74 Orovine.CA 95966 (916) 533-4950 i For mr �� — - —�J-----.._--- 1: 12 L 0 0 0 3581:4 560111 L L699��IOD86 LIIe 0 n 3. ,. Barnhart & Brown, ,abandonment_oyf: lyl&ated'approxirnately f-of-way and public'utilities easement on a portion of Dandy s ;pro2,000 t feanortheast of the intersection of Foothill Boulevard and Wyandotte Road, � �Oroville,~identified as AP,036�240;,028,'-029,;-032; -033;"-034;-035'and - 036 - action requested --'ADOPT RESOLUTION '96=44 SETTING A r. .;PUBLIC HEARING FOR.TUESDAY, JUNE 25, 1996 AT 10:00 A.-M. -BUT.-TE . . _ COUNTY .BOARD OF May:1.4, 1996 u toCount DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965.3397 TELEPHONE: (916) 538-7601 FAX: (916)538-7785 June 25, 1996 Barnhart & Brown P.O. Box 1766 Oroville, CA 95965 Re: Abandonment, File 96-04 Gentlemen: At the regular meeting of the Butte :Which ounty Boar of Supervisors held June 25, 1996, Resolution No. 96-73 was adopted ndons a right-of-way and public utilities easement on a portion of Dandy's. property located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road, identified as AP 036-240-028, 029, 032, 033, 034, 035, and 036, Oroville. To increase administrative efficiency, the statute delegated the collection of filing fees to the County Clerk and provided the County authority to collect a $25.00 documentary handling fee. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling fee. A check made payable to the.County in the amount of $25.00 should be submitted to the County by July 1, 1996. Should you have any questions regarding this matter, please contact this Department between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very truly yours, prFarrel Development Services WF:Ir cc: Public Works Environmental Health Y, * • AGENDA REPORT TO: Honorable Chair and Board of Supervisors FROM: William Farrel, Director of Development Services BY: Stephen Betts, Assistant Planner DATE: May 20, 1996 _......._..................._._...._....__. REQUEST: Abandonment of a Right of Way and Public Utilities Easement for Barnhait=8rown9&"Associates on APNs 036-240-028,029,032,033,034,035,&036:This is a request to abandon a public right- of-way and public utilities easement on a portion of Dandy's ""Erhis project is located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road, Oroville, in an area zoned ARMH-5. This project is located in Supervisorial District 1. RELATED ITEMS: None FOR: Board of Supervisors Meeting of June 25, 1996. SUMMARY: This is a report for the abandonment of a portion of Dandy's Place. The Planning Commission has heard this application and recommends that the Board of Supervisors approve this request. ANALYSIS: A 1,925 foot section of Dandy's Place will be abandoned as a result of this application. The parcels located adjacent to this section of Dandy's Place do not require this road for access. Access to the affected parcels is from Van Duzer Lane, Edna's Way,or Kitty Glen Court. The Oroville-Wyandotte Irrigation District(OWID) has an easement for an existing pipeline that lies in a section of the proposed abandonment, which is located between APN 036-240-035 and 029. In order to preserve the OWID easement, a condition of the project will require that the OWID easement be reserved in the resolution approving the abandonment. No other public utility companies or districts require an easement on Dandy's Place. The abandonment will effect seven parcels: APNs 036-240-028, 029, 032, 033, 034, 035, & 036. The applicant submitted a petition, in accordance with Section 8321 of the Streets and Highway Code of the State of California,that requests the abandonment,and which was signed by more than ten people,at least one of whom is a resident of the township in which the property to be abandoned is situated. 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 Board of Supervisors concur with the Planning Commission and approve the application for abandonment of a portion of Dandy's Place for Barnhart-Brown&Associates on property identified as APN 036-240-028, 029,032,033,034,035, &036 based upon the following findings. Section 1: Environmental Findings. A. This project is categorically exempt from environmental review;and ■ Butte County Department of Development Services ■ Planning Division■ 1 Section 2: General Plan Findings. A. The proposed abandonment is in conformance with the Butte County General Plan;and Section 3:Action. A. Subject to the findings indicated in Sections 1 and 2 of this report,the Board-of Supervisorsfinds-that the Abandonment for Barnhart-Brown & Associates for a portion of Dandy'slace, for property identified as APN 036-240-028,029,032,033,034, 035, &036, is in conformity with the Butte County General Plan;and, B. Adopt a Resolution approving the abandonment for a portion of Dandy's Place for Barnhart-Brown &Associates for property identified as APN 036-240-028,029, 032, 033,034, 035, &036. Conditions. 1. Reserve in the resolution approving the abandonment a public services easement for the Oroville- Wyandotte Irrigation District over the property being abandoned. Attachments: A: Vicinity Map B: Site Plan C: Property Description D: Utility Letters E. Planning Commission minutes F. Planning Commission Agenda Report k:\projects\dandys.abn\dandys.bos ■ Butte County Department of Development Services ■ Planning Division■ 2 l CORRECTED Resolution No. 96-44 RESOLUTION GIVING NOTICE OF HEARING ON PETITION TO ABANDON A PUBLIC RIGHT-OF-WAY AND PUBLIC SERVICE EASEMENT (PORTION OF DANDY'S PLACE, OROVILLE AREA) WHEREAS, this Board has received a petition from ten or more free-holders, requesting the abandonment of a public right-of-way and public service easement as described below, and at least one of the petitioners is a resident of the road district and township in which said right-of-way and 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 June 25 1996, 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 and public service easement located in the unincorporated area of the County of Butte , State of California, identified as a portion of Dandy's Place, located approximately 2000 ' northeast of the intersection of Foothill Boulevard and Wyandotte Road, in the Oroville area, on Assessor Parcels 36-240-28, 36-240-29, 36-240-32, 36-240-33, 36-240-34, 36-240-35 and 36- 240-36, and more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference 2. That a map showing the public right-of-way and 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 right-of-way and 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 May , 1996, by the following vote: AYES: Supervisors Dolan, Houx, Thomas and Chair McLaughlin NOES: None ABSENT: Supervisor Meyer NOT VOTING: None L dUA ED MCLAUGHLIN, hair of the Butte County B and of Supervisors ATTEST: JOHN BLACKLOCK Chief Administrative Officer and Clerk of the Board By (dandyl.res) RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENT All that real property situated in Section 25, T19N, R4E, MDM, Butte County, California. Being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, Parcels 2 & 3 Book 87 of maps at Page 09, Parcel 1, Book 93 of maps at .Page 33 and being a strip of land shown as a 60' Right of Way & Public Utility Easement on those certain maps filed in Book 81 of maps at Page 73, Book 87 of maps at Page 09, Book 93 of maps at Page 33 and particularly described as follows: Parcel A A strip of land 60' in width lying 30' on each side of the following described centerline: Beginning at a point on the North line of said Parcel 4 as shown on that certain map filed in Book 81 of maps at Page 73 from which the North East corner-of parcel 4 bears N 88049.51" E, 60.151; thence westerly along said north line S 88049151" W 1292.67 to the North-West corner of said Parcel 4. Excepting and Reserving the Oroville Wyandotte Irrigation District Waterline Easement described as follows: All that real property situated in Section 25, T19 N, R 4 E, MDM, Butte County, CA, being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, lying over a portion of parcels 1 & 4 as shown on that certain map filed in Book 81 of maps at Page 73, being a nonexclusive easement for waterline purposes, 20, in width lying 10' on each side of the following described centerline: Commencing at the North-East property corner of Parcel 4 as shown on that certain Parcel Map being filed in Book 93 of maps at Page 33; thence S 88°491511• W a distance of 98.201; thence N 17033136" W a distance of 31.27' to the northern boundary of the 60' R/W & PUE as shown on said parcel map and to the true point of beginning; thence S 17033136" E a distance of 62.54' to the southern boundary of the 60' R/W & PUE as shown on said parcel map and to the end of this description. Parcel B A strip of land 60' in width lying 60' easterly of and contiguous to the following described line: Beginning at the North West corner of Parcel 4 as shown on that certain map, filed in Book 81 of maps at Page 73; thence 'southerly along the west line of said Parcel 4 S 00004138" W 330.55' to the south west corner of Parcel 1 as shown on that certain map filed in Book 93 of maps at Page 33. .•�g •.� THE FOREGOING INSTRUMENT IS A CORRECT COPY OF "' �� THE ORIGINAL ON FILE AND OF REGARD N THIS OFFICE ���• Q t ATTEST DATE /�- � ! _ �= Clerk of the Board of Supervisors t9s � JOHN S.BLACKLOCK in and for the County of Butte State of Ca ifomia �►4.L�� . C � DEPUTY QN'i'4 4, fJ. 1 tte county DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916) 538-7785 May 15, 1996 Barnhart & Brown P.O. Box 1766 Oroville, CA 95965 Re: Abandonment, File 96-04 Gentlemen: At the regular meeting of the Butte County Board of Supervisors held May 14, 1996, Resolution No. 96-44 was adopted giving notice of intention to abandon a public right-of- way and public utilities easement on a portion of Dandy's Glicated approximately 2000 feet northeast of the intersection of Foothill Boulevard and Wyandotte road, Oroville. A public hearing has been set for June 25, 1996 at 10:00 a.m. The meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville. Should you have any questions regarding this matter, please contact this Department. Very truly yours, Will Farrel Development Services Director WF:lr 'gutte C�Ufttj _1. 7 DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916) 538-7785 May 13, 1996 Barnhart & Brown P.O. Box 1766 Oroville, Ca 95965 Re: Abandonment, File 96-04 Gentlemen: The Butte County Planning Commission held a meeting on May 9, 1996, and your request for abandonment of a public right-of-way and public utilities easement on a portion of Dandy's Lane located approximately 2000 ft. northeast of the intersection of Foothill Boulevard and Wyandotte Road, Oroville, was recommended for approval. The Board of Supervisors will be setting a public hearing and you will be notified of the date and time. The hearing will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, please contact this office. Very truly yours W/* 'emFarrel Director, Development Services WF:lr Resolution No. RESOLUTION ABANDONING A PUBLIC RIGHT-OF-WAY AND PUBLIC SERVICE I EASEMENT (PORTION OF DANDY'S LANE, OROVILLE AREA) WHEREAS, this matter came on regularly for hearing before the i Board of Supervisors of the County of Butte, State of California, on 1996, in the Board Chambers, Butte County Administration Building, Oroville, California; and, I WHEREAS, it appearing to said Board that notice of the time and place of the hearing on the petition for the abandonment of the ' I right-of-way and 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 I ; that the hereinafter described public right-of-way and public service easement is unnecessary for present or prospective public use. ' `• NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. That the public right-of-way and 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 right-of-way and public service easement so abandoned is located in the unincorporated area of the County of Butte, State of California, is identified as a portion of Dandy's Lane, located approximately 2000' northeast of the intersection of Foothill Boulevard and Wyandotte Road, in the Oroville area, on Assessor Parcels 36-240-28, 36-240-29, 36-240-32, 36-240-33, 36-240-34, 36-240-35 and 36- 240-36, and is more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference 3. That a map showing the right-of-way and public utility easement hereby abandoned is on file in the Office of Butte County Department of Public Works, 7 County Center Drive, Oroville, California 95965. 4 . That the Clerk of this Board shall cause a certified copy of this Resolution, with the seal of the Board of Supervisors of the County of Butte, State of California, to be recorded in the office of the Recorder of the County of Butte, State of California. PASSED. AND ADOPTED by the Butte County Board' of Supervisors this day of 1996, by the following vote: AYES: NOES: ABSENT: NOT VOTING: ED MCLAUGHLIN, Chair of the Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK Chief Administrative Officer and Clerk of the Board By (dandy2.res) RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENT All that real property situated in Section 25, T19N, R4E, MDM, Butte County, California. Being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, Parcels 2 & 3 Book 87 of maps at Page 09, Parcel 1, Book 93 of maps at Page 33 and being a strip of land shown as a 60' Right of Way & Public Utility Easement on those certain maps filed in Book 81 of maps at Page 73, Book 87 of maps at Page 09, Book 93 of maps at Page 33 and particularly described as follows: Parcel A A strip of land 60' in width lying 30' on each side of the following described centerline: Beginning at a point on the North line of said Parcel 4 as shown on that certain map filed in Book 81 of maps at Page 73 from which the North East corner-of parcel 4 bears N 88049'51" E, 60.151; thence westerly along said north line S 88049151" W 1292.67 to the North-West corner of said Parcel 4. Excepting and Reserving the Oroville Wyandotte Irrigation District Waterline Easement described as follows: All that real property situated in Section 25, T19 N, R 4 E, MDM, Butte County, CA, being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, lying over a portion of parcels 1 & 4 as shown on that certain map filed in Book 81 of maps at Page 73, being a nonexclusive easement for waterline purposes, 20' in width lying 10' on each side of the following described centerline: Commencing at the North-East property corner of Parcel 4 as shown on that certain Parcel Map being filed in Book 93 of maps at Page 33; thence S 88049151" W a distance of 98.201; thence N 17033136" W a distance of 31.27' to the northern boundary of the 604 R/W & PUE as shown on said parcel map and to the true point of beginning; thence S 17033'36" E a distance of 62.54' to the southern boundary of the 601, R/W & PUE as shown on said - parcel map and to the end of this description. Parcel B A strip of land 60' in width lying 60' easterly of and contiguous to the following described lines Beginning at the North West corner of Parcel 4 as shown on that certain map, filed in Book 81 of maps at Page 73; thence 'southerly along the west line of said Parcel 4 S 00004138" W 330.55' to the south west corner of Parcel 1 as shown on that certain map filed in Book 93 of maps at. Page 33. EXHIBIT A s Resolution No. RESOLUTION GIVING NOTICE OF HEARING ON PETITION TO ABANDON A PUBLIC RIGHT-OF-WAY "AND PUBLIC SERVICE EASEMENT (PORTION OF DANDY'S LANE, OROVILLE AREA) WHEREAS, this Board has received a petition from ten or more free-holders, requesting the abandonment of a public right-of-way and public service easement as described below, and at least one of *the petitioners is a resident of the road district and township in which said right-of-way and public service easement is situated• and. g Y P � 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 1996, at a.m. , in the Board Chambers, Butte County Administration Building, 25 County Center Drive, Oroville, California, a hearing shall be held to hear all persons interested in the abandonment of that certain right-of-way and public service easement located in the unincorporated area of the County of Butte , State of California, identified as a portion of Dandy's Lane, located approximately 2000' northeast of the intersection of Foothill 0/1 Boulevard and Wyandotte Road, in the Oroville area, Assessor Parcels 36- 240-28, 36-240-29, 36-240-32, 36-240-33 , 36-240-34, 36-240-35 and 36- 240-36, and more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference - i 2. That a map showing the public right-of-way and 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 right-of-way and public service easement. i 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 b the Butte Count Board of Supervisors Y Y P this day of , 1996, by the. following vote: AYES: NOES: ABSENT: NOT VOTING: ED MCLAUGHLIN, Chair of the Butte County Board of Supervisors ATTEST: JOHN BLACKLOCK Chief Administrative Officer and Clerk of the Board By (dandyl.res) RIGHT-OF-WAY AND PUBLIC UTILITY EASEMENT All that real property situated in Section 25, T19N, R4E, MDM, Butte county, California. Being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, Parcels 2 & 3 Book 87 of maps at Page 09, Parcel 1, Book 93 of maps at Page 33 and being a strip of land shown as a 60' Right of Way & Public Utility Easement on those certain maps filed in Book 81 of maps at Page 73, Book 87 of maps at Page 09, Book 93 of maps at Page 33 and particularly described as follows: Parcel A A strip of.-land 60' in width lying 30' on each side of the following described centerline: Beginning at a point on the North line of said Parcel 4 as shown on that certain map filed in Book 81 of maps at Page 73 from which the North East corner-of parcel 4 bears N 88049151" E, 60.15.'; thence westerly along said north line S 88049'51" W 1292.67 to the North-West corner of said Parcel 4. Excepting and Reserving the Oroville Wyandotte Irrigation District Waterline Easement described as follows: All that real property situated in Section 25, T19 N, R 4 E, MDM, Butte County, CA, being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, lying over a portion of parcels 1 & 4 as shown on that certain map filed in Book 81 of maps at Page 73, being a nonexclusive easement for waterline purposes, 20' in width lying 10' on each side of the following described centerline: Commencing at the North-East property corner of Parcel 4 as shown on that certain Parcel Map being filed in Book 93 of maps at Page 33; thence S 88049151" W a distance of 98.201 ; thence N 17033136" W a distance of 31.27' to the northern boundary of the 60' R/W & PUB as shown on said parcel map and to the true point of beginning; thence S 17033136" E a distance of 62.54' to the southern boundary of the 60' R/W & PUB as shown on said . parcel map 'and to the end of this description. Parcel B A strip of land 60' in width lying 60' easterly of and contiguous to the following described line: Beginning at the North West corner of Parcel 4 as shown on that certain map, filed in Book 81 of maps at Page 73; thence southerly along the west line of said Parcel 4 S 00004138" W 330.55' to the south west corner of Parcel 1 as shown on that certain map filed in Book 93 of maps at Page 33. EXHIBIT A BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Abandonment,Dandy's Lane:ABAN 96-04 DATE: April 3,1996 PLANNER: Steve Betts We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for Abandonment of a Right of Way and Public Utilities Easement on property zoned ARMH-5 (AgriculturahResidential Mobile Home 5 acre parcel)located on portion of Dandy's Lane,approximately 2,000 feet northeast of the intersection of Foothill boulevard and Wyandotte Road , identified as APN 036-240- 028.029,032,033,034,035,&036 . It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON June 13 , 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 17,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): l� _ •1.—...ar�tF4A4}� ti9Si5YYit;� '- a raD � f3 �AQ�r Oroyfile, v6 tiornia By: Date: k:\forms\comment.frm 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 .�;. utte ount PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: 1916)538-7601 FAX: (916)538-7785 April 23, 1996 Barnhart & Brown P.O. Box 1766 Oroville, CA 95965 Re: Abandonment, File 96-04 Gentlemen: Enclosed is a copy of the report concerning your request for the abandonment of a public right-of-way and public utilities easement on a portion of Dandy's Lane located approximately 2,00 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road, Oroville. You request will be considered at the regular meeting of the Planning Commission on May 9, 1996. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California and is scheduled to begin at 9:00 a.m. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. In the event that no one will represent the applicant, please contact the Planning office prior to the scheduled public hearing. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Barry K. Hogan Planning Manager Stephen Betts Assistant Planner SB:Ir Enc. 0 0 COUNTY OF BUTTE-AGENDA ITEMS TO: BOARD OF SUPERVISORS FROM: William Farrel, Director of Development Services DATE: April 23, 1996 SUBJECT: Abandonment-Consent Agenda 5/14/96: Barnhart&Brown, Abandonment of a Right-of-Way and Public Utilities Easement on a portion of Dandy's Lane, located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road, Oroville, identified as APNs 036-240-028, 029, 032, 033, 034, 035, and 036 SUMMARY OF REQUEST-ACTION REQUESTED: Adopt a resolution setting a public hearing for June 25, 1996. I I Additional information attached: Yes No Describe None Previous Board action: Date Minute Order Summary of Action: Funding sources Current year cost Budgeted Yes No Annualized cost If also planned for next year Will proposal required additional personnel? Yes No State No. _Permanent- Temporary-Other-Will proposal require a budget transfer? Yes No If yes, read the following: 1. Complete worksheet on back 2. Deadline is one business day prior to normal agenda deadline Administrative Office Approval: 4/5 Vote required Majority vote required SPECIAL INSTRUCTIONS TO CLERK Contact Person: Barry K. Hogan, Planning Manager /Stephen Betts. Planner Telephone No.: 7601 Ordinance Required_Resolution Required Minute Order Required Agreement? Yes No Special distribution directions (copies attached): 1. 3. 2. 4. Return to department Legal publication and notification requirements: Publication: _ Clerk to Publish and Notice attached _ Department Published and Affidavit attached Publish: _Countywide _Local (specify) Number of times Days before hearing (Code Section) Notification: _ Clerk to mail Notice and Notice attached _ Department mailed Notice and Affidavid attached Notify: —Countywide _Local (specify) Number of time Days before hearing (Code Section) ---------------------------------------------------- ---------------------------------------------------- ---------------------------------------------------- ---------------------------------------------------- BUDGET TRANSFER REQUEST/WORKSHEET List each of the affected line items with regard to their current status: (As of ) (date) Expenditures + Line item Budeet Encumbrances To Date Balance Transfer Request: AMOUNT LINE ITEM LINE ITEM Transfer $ (no cents) from to Transfer $ (no cents) from to Transfer$ (no cents) from to Transfer$ (no cents) from to Reason for request: INTER-DEPARTMENTAL MEMORANDUM TO: County Counsel FROM: Barry Hogan, Planning Manager BY: Stephen Betts, Assistant Planner SUBJECT: Barnhart and Brown - Abandonment of a public right-of-way and public utilities easement on a portion of Dandy's Lane located approximately 2,000 feet northeast of the intersection of Foothill Boulevard and Wyandotte Road, identified as AP 036-240-028, 029, 032, 033, 034, 035, 036, Oroville. DATE: April 23, 1996 i Please prepare the necessary resolutions for the subject abandonment. The Board will be setting a public hearing date on May 14, 1996 for June 25, 1996. The legal description is attached. PUBLIC UTILITIES EASEMENT.of the COUNTY OF BUTTE: All that real property situated in Section 25, T19N, R4E, MDM, Butte County, California. Being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, Parcels 2 & 3 Book 87 of maps at Page 09, Parcel 1, Book 93 of maps at Page 33 and being a strip of. land shown as a 60' Right of Way & Public Utility Easement on those certain maps filed in Book 81 of maps at Page 73, Book 87 of maps at Page 09, Book 93 of maps at Page 33 and particularly described as follows: Parcel A A strip of land 60' in width lying 30' on each side of the following described centerline: Beginning at a point on the North line of said Parcel 4 as shown on that certain map filed in Book 81 of maps at Page 73 from which the North East corner-of parcel 4 bears N 88049151" E, 60.151; thence westerly along said north line S 88049151" W 1292.67 to the North-West corner of said Parcel 4. Excepting and Reserving the Oroville Wyandotte Irrigation District Waterline Easement described as follows: All that real property situated in Section 25, T19 N, R 4 E, MDM, Butte County, CA, being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, lying over a parcels 1 & 4 as shown on that certain portion of p �•t in map .filed in Hook 81 of maps at Page 73, being a nonexclusive easement for waterline purposes, 20' in width lying 10' on each side of the following described centerline: Commencing at the North-East property corner of Parcel 4 as shown on that certain Parcel. Map being filed in Book 93 of maps at Page 33; thence S 88°49151" W a distance of 98.201; thence N 17033136" W a distance of 31.27' to the northern boundaryof the 60' R W & PUE as shown on said parcel ma and to the true point / P P of beginning; thence S 17033136" E a distance of 62.54' to the southern boundary of the 60' R/W & PUE as shown on said - parcel map and to the end of this description. Parcel B A strip of land 60' in width lying 60' easterly of and contiguous to the following described line: Beginning at the North West corner of Parcel 4 as shown on that certain map, filed in Book 81 of maps at Page 73; thence southerly along the west line of said Parcel 4 S 00004138" W 330.55' to the south west corner of Parcel 1 as shown on that certain may filed in Book 93 of maps at Page. 33. . i BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works Director FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Abandonment,Dandy's Lane: ABAN 96-04 DATE: April 3,1996 PLANNER: Steve Betts We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for Abandonment of a Right of Way and Public Utilities Easement on property zoned ARMH-5 (Agricultural\Residential Mobile Home 5 acre parcel)located on portion of Dandy's Lane,approximately 2,000 feet northeast of the intersection of Foothill boulevard and Wyandotte Road , identified as APN 036-240- 028,029,032,033,034,035.&036 36-240- 028,029,032,033,034,035,&036 . It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION —DEVELOPMENT REVIEW COMMITTEE ON June 13 , 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 17,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): G t end /Les est v/h-/o— ,vor&2G' /e✓ 4-4',rn%o.y /l vrt T a61e S2A'tPo 64,n,aL16�y7tlA0'f9 �Q By: Date: k:\forms\comment.frm 10-16-95 BKH •a"�yl* .t� , 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 RECEIVED APR 0 3 1996 COUNTY OF BUTTE LAND DEVELOPMENT DIV. BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Abandonment,Dandy's Lane:ABAN 96-04 DATE: April 3,1996 PLANNER: Steve Betts We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for Abandonment of a Right of Way and Public Utilities Easement on property zoned ARMH-5 (Asricultural\Residential Mobile Home 5 acre parcel)located on portion of Dandy's Lane,approximately 2,000 feet northeast of the intersection of Foothill boulevard and Wyandotte Road , identified as APN 036-240- 028,029,032,033,034,035,&036 36-240- 028,029,032,033,034,035,&036 . It is within Supervisorial District No. 1 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION —DEVELOPMENT REVIEW COMMITTEE ON June 13 , 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 17,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): By: Date: k:\forms\comment.f m 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 COMMENT DISTRIBUTION LIST APPLICATION: _O DATE: County Offices and Cities: _ Chief Administrative Officer _ X_ Public Works Director X_ Planning Manager — Building Manager X_ Sheriff BCAG _ ALUC _ o APCD Butte Co.Fane Bureau Biggs _ Gridley — Chico Oroville Paradise Chico Airport Commission — — ion Irrigation District: Butte Water — Biggs/W.Gridley Water — Durham Irrigation OWID _ Paradise Irrigation — Richvale Irrigation Table Mountain Irrigation — Thermalito Irrigation — Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District — Other Sewer Butte Water District — Themalito Irrigation — Sterling City Sewer Main /— Skansen Subdivision(CSA 21) — L.O.A-PUD /FLe Protection _X California Department of Forestry— EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _ PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies CalTrans _ Dept of Water Resources — Dept of Fish and Game Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. — Highway Patrol Central Rep,Water Quality Control Department of Conservation — Off.of Mining Reclamation — Off.of Governmental&Env.Relations Federal Agencies US Forest Service — US Bureau of Land Management Other Districts,Agencies,Committees,eta Lime Saddle Dist — Community Association — Mosq.Abatement Oroville/Butte Co Drainage — Butte Env.l Council — Paradise Pines Com Reclamation — Cal Native Plant Society — Butte Co.Mining Committee — — planning Dpwt"I'imnnt MAR 2 0 1,996 PETITION FOR ABANDONMENT OF RIGHT OF WAX AND PUBLIC UTILITIES EASEMENT TO THE HONORABLE BOARD OF SUPERVISORS DATE: Mdr. /B , 1996 COUNTY OF BUTTE, CALIFORNIA Dear Board Members: The undersigned, being more than ten 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 RIGHT OF WAY AND PUBLIC UTILITIES EASEMENT .of the COUNTY OF BUTTE: All that real property situated in Section 25, T19N, R4E, MDM, Butte County, California. Being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, Parcels 2 & 3 Book 87 of maps at Page 09, Parcel 1, Book 93 of maps at Page 33 and being a strip of. land shown as a 60' Right of Way & Public Utility Easement on those certain maps filed in Book 81 of maps at Page 73, Book 87 of maps at Page 09, Book 93 of maps at Page 33 and particularly described as follows: Parcel A A strip of land 60' in width lying 30' on each side of the following described centerline: Beginning at a point on the North line of said Parcel 4 as shown on that certain map filed in Book 81 of maps at Page 73 from which the North East corner-of parcel 4 bears N 88049151" E, 60.1511 thence westerly along said north line S 88049151" W 1292.67 to the North-West corner of said Parcel 4. Excepting and Reserving the Oroville Wyandotte Irrigation District Waterline Easement described as follows: All that real property situated in Section 25, T19 N, R 4 E, MDM, Butte County, CA, being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, lying over a portion of parcels 1 & 4 as shown on that certain map filed in Book 81 of maps at Page 73, being a nonexclusive easement for waterline purposes, 20' in width lying 10' on each side of the following described centerline: Commencing at the North-East property corner of Parcel 4 as shown on that certain Parcel Map being filed in Book 93 of maps at Page 33; thence S 88°49151" W a distance of 98.20' 1 thence N 17033136" W a distance of 31.27' to the northern boundary of the 60' R/W & PUE as shown on said parcel map and to the true point of beginning; thence S 17033136" E a distance of 62.54' to the southern boundary of the 60' R/W & PUE as shown on said parcel map and to the end of this description. Parcel B A strip of land 60' in width lying 60' easterly. of and contiguous to the following described line: Beginning- at the North West corner of Parcel 4 as shown on that certain map, filed in Book 81 of maps at Page 73; thence southerly along the west line of said Parcel 4 S 00004'38" W 330.55' to the south west corner of Parcel 1 as shown on that certain map filed in Book 93 of maps at Page 33. The map showing the. sem is o be abandoned is on file in the office of Butte County Depa u o , 7 County Center Dr. , Orovvi ��ille, CA. �!• Signature ��_ Print Name 1 /6IC Address ����li S cJ�- Date l br - �� 36-34_�S8 LC. 2, Signature Print Name "( Ci v -- Address DateIKA - 36'24'36 3. Signature Print Name el V CA Address Date Xy Signatur � v/d �!��r�., Print Name �i�n, Dc�► .1 /1/i A -I e I :ddr eDateignatur' ljdl.:'�k tktz1'_.- Print NameQc1_'f„ar Address w Date Zh C1 3 G- �( Signature Print Name ��i�r�C� Q<<k`1PZ Address 1$ 1 Date a 34•-3 1-2- REFERRED TO 1 Date , 19_ r A i' T PETITION FOOKBANDONMENT OF RIGHT OF WAY ANA PUBLIC UTILITIES EASEMENT TO THE HONORABLE BOARD•OF SUPERVISORS DATE: M2 r. /S , 19,2j: COUNTY OF BUTTE, CALIFORNIA Dear Board Memberss The .undersigned,• being more than tell 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 RIGHT OF WAY AND PUBLIC UTILITIES EASEMENT of the COUNTY OF BUTTE: All that real property situated in Section 25, T19N, R4E, MDM, Butte County, California. Being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, Parcels 2 & 3 Book 87• of maps at Page 09, Parcel 1, Book 93 of maps at Page 33 and being a strip of land shown as a 60' Right of Way & Public Utility Easement on those certain maps filed in Book 81 of maps at Page 73, Book 87 of maps at Page 09, Book 93 of maps'at Page- 33 and particularly described as follows: Parcel A A strip of land 60' in width lying 30' on each side of the following described centerline: Beginning at a point on the North line of said Parcel 4 as shown on that certain map filed in Book 81 of maps at Page 73 from which the North East corner of parcel 4 bears N•88°49'51" -E, 60.15'; thence westerly along said north line S 88049151" W 1292.67 to the North-West corner of said Parcel 4. Excepting and Reserving the Oroville Wyandotte Irrigation District Waterline Easement described as follows: All that real property. situated in Section 25, T19- N, R 4 E, MDM, Butte County, CA, being a portion of Parcels 1 & 4 Book 81 of maps at Page 73, lying over a portion of parcels 1 & 4 as shown on that certain map filed in Book 81 of maps at Page 73, being a. nonexclusive easement for waterline purposes, 20' in width lying 10' on each side of the- following described centerline: Commencing at the North-East property corner of Parcel 4 as shown on that certain Parcel Map being filed.'in Book 93 of maps at Page 33; thence S 88049151" W a distance of 98.201; thence N 17033136" W a distance of 31.27' to the northern boundary of the'60' R/W & PUE as shown on said parcel map and to the true point of beginning; thence S 17033136" E a distance of 62.54' to the southern boundary of the 60' R/W & 'PUE as shown on said parcel map and to the end of this description. Parcel B A strip of land .60' in width lying 60' easterly of and contiguous to the following described lines Beginning at the North West corner of Parcel 4 as shown on that certain map, filed in Book 81 of maps at Page 73; thence southerly along the west line of said Parcel 4 S 00004'38" W 330.55' to the south west corner of Parcel 1 as shown on that certain map filed in Book 93 of maps at Page 33. The map showing the easements to be abandoned is on file in the office of Butte County Departp9nt of Pub Works, 7 County Center Dr. , oroville, CA. W_X 7-signature — Print Name (e�.e,v:� L Df} w Address ar Date Z �;C 36'X4'.3_'5' i �( �• signature Print Name �!//�4�^ L 1,'-/l,4>0' �ll ?/�7/�.¢�gAx A,,6 :9 oan yes _' Address Date � �/ 3G-3Z_ Z6 • , Signature ° 'ePrint Name 13Ar I G Address Gtr/ Date —24- 3C- '�- 49 /p,Signature Print Name 727) At&ltrAS ''• , k Address 46 41. .1Date o?J 3�- if Signature A' ^ Print Name eve ZLA_ Address S Date L� 91! 3L-24'-95 i / L,Signature Print Name Address Date REFERRED;TO _ J ,� Date , 19_ • 0d tF • Inter-Depart ; o emorandum TO: BARRY R. HOGAN, PLANNING MANA E r FROM: RON MCELROY, ASSISTANT DIRECTOR OF PUBLIC WORKS sueJECT:PROPOSED ABANDONMENT — RIGHT OF WAY AND. PUBLIC U ILITIES EASEMENT SECTION 25, T19N, R4E, (BARNHART & BROWN) DATE: (262.8) MARCH 20, 1996 Attached_•for your review and further action is a copy of a petition for abandonment of a right of way and public utilities easement in Section2' 25, T19N, R4E, along with plats delineating the subject area. The present $262 . 00 abandonment processing fee has been pais. At your early convenience please have the proposed abandonment reviewed by the Planning Commission in regard to conforming with the General Plan and following that, have it further processed by County Counsel and submitted to the Board for approval. The description to be used is as shown on the petition. There is an easement to be reserved as requested by Oroville Wyandotte Irrigation District. Copies of all letters received from utilities are also enclosed. Please advise us of the schedule of action to be taken by your department. All . correspondence should be addressed to Barnhart- Brown 'and Associates, P.O. Box 1576, Oroville, CA. 95965, Attn: Lane F. Green, Asst. Civil Engineer. If additional information is required, please contact me at your convenience. Attach. cc: Barnhart-Brown & Associates Surveys 1 Ptanndnq OS.Wrtmen$ MAR 20 1996 ®rdvttUlb y i�1 3nl� �. r 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 October 12, 1995 t ` Barnhart-Brown & Associates 2060 Park Avenue P.O. Box 1576 Oroville, Ca 95965 Attention: Mr.Lane F. Green Assistant Civil Engineer RE: Abandonment of 60 foot road and P.U.E. affecting APN's: 36-240-28,29,35 (Dandy's Place) Gentlemen: In response to your letter of September 25, 1995 (copy attached), you asked for our comments regarding the subject abandonment. Please be advised that PG&E has no facilities.within the subject area, and we have no objection to the proposed abandonment without reservation. 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. Thank you for the opportunity to review this matter. If you have any questions, please call me at 894-4423. Sincerely, Donald W. Chambers Land Agent (file dandyplc.ltr) ~ Right of Way �w �• 518 West Fourth Street.3rd Floor PAC I F I C4 B E L L- P.O.Box 3480 A Pacific Telesis Company Chico.California 95927-3480 I October 17, 1995 Barnhart-Brown &Associates 2060 Park Avenue Oroville, Ca 95965 Re: Abandonment of 60' Public Utility Easement Danny's Place Road -Oroville, CA Gentlemen: This letter is.in response to your request for comments regarding the abandonment of the above mentioned utility and road easement. We have determined that no Pacific Bell facilities will be affected by the abandonment of the road and utility easements. Therefore, we have no objections to the abandonment and will not require an easement be reserved in the resolution of abandonment. If you have any questions, please:call me at(916) 891-2392. Very truly y RECEIVED im ohannon lic Works Coordinator Service Operations Engineering & Construction -North i OJ\ OQ ORO WILE-WY4#POrrF iRRic47*10# RisrRicr WATER and HYDRO-ELECTRIC TION p\ 2310 Oro Quincy Highway P.O. Box 581 Oroville,CA 95965-0581 October 31, 1995 (916)533578 Mr. Lane F. Green Barnhart- Brown& Associates P.O. Box 1576 Oroville, CA 95965 RE: Public Utility Easement Abandonment on Parcels 1,2,3,& 4 of 87 PM 9 Dear Mr. Green: This letter is to inform you that this District has no objections to the proposed easement abandonment mentioned above as long as we are provided with a 20' easement for the existing pipeline located on Parcels 1 & 3 of 87 PM 9. Please contact us at your earliest convenience for more information regarding our easement requirements. Very truly yours, OROVILLE-WYANDOTTE IRRIGATION DISTRICT Michael J. Mes ' , Ope ions and Maintenance Mgr. RECEIVED ��a��r St,frr S—'II 0jo �t All' I �. t . ,.�.. t' _rsr _ r 1 _ 0 > 0 'r: .n r• l's ? %N \ .. 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