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HomeMy WebLinkAboutDET 05-10_PLANNING �� V VrYlAln � I NI �� � IIV SEPARATOR SHEET nvry 0 'l I - 2-01 .6- O&1l os PROJECT NUMBER Dir - � 0 12/12/2005 Butte County Department of Development Services 9:20 AM Pre-Bill Worksheet Page 1 Nickname DET 05-10 1 Messenger Full Name David and Marcia Messenger Address P.O. Box 612 Penn Valley CA 95946 Business Fax Home 530-432-0915 Other In Ref To 071-290-061 Notes 071-290-061 Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt Activity: none 6/14/2005 Lynn 137.00 0.56 76.99 No Charge 8978 Initial Processing - Clerical 0.56 76.99 Input, initial clerical processing of application. 6/27/2005 Mark 137.00 0.71 96.66 No Charge 9122 Report Wor Project Analysis 0.71 96.66 Reports and/or project analysis related to the application. 6/29/2005 Mark 137.00 0.08 11.42 No Charge 9155 Circulation - Planner 0.08 11.42 Determine an application's completeness/circulate for staff comments/analysis. 8/10/2005 Mark 137.00 0.43 58.34 No Charge 9542 Report Wor Project Analysis 0.43 58.34 Reports and/or project analysis related to the application. 11/28/2005 Mark 137.00 1.17 160.67 No Charge 10312 Report Wor Project Analysis 1.17 160.67 Reports and/or project analysis related to the application. 11/28/2005 Mark 137.00 0.50 68.50 No Charge 10314 Report Wor Project Analysis 0.50 68.50 Reports and/or project analysis related to the application. 12/8/2005 Mark " 137.00 0.08 11.42 No Charge 10407 Meeting - Planner 0.08 11.42 Time spent in meetings (Not incl. Public Hearings). Total: none 0.00 $0.00 No Charge 3.53 $484.00 Do Not Bill 3.53 $484.00 Activity: Hearing-Planner 12/8/2005 Mark 137.00 0.17 22.83 No Charge 10413 Hearing - Planner 0.17 22.83 12/12/2005 Butte County Department of Development Services 9:20 AM Pre-Bill Worksheet Page 2 DET 05-10:David and Marcia Messenger(continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt Total: Hearing-Planner 0.00 $0.00 No Charge 0.17 $22.83 Do Not Bill 0.17 $22.83 Activity: Site Visit 7/6/2005 Mark 137.00 1.54 210.37 No Charge 9200 Site Review 1.54 210.37 Field review of project site/vicinity including travel time. Total: Site Visit 0.00 $0.00 No Charge 1.54 $210.37 Do Not Bill 1.54 $210.37 TOTAL Billable Fees 0.00 $0.00 No Charge 5.24 $717.20 Total of billable expense slips $0.00 Amount Total Total of Fees (Time Charges) $0.00 Total of Costs (Expense Charges) $0.00 Total new charges $0.00 Accounts Receivables DatellD Type Description 6/10/2005 INV Invoice- Flat Fee Project $1,213.00 1913 6/10/2005 PAY Payment - Receipt #430943 ($1,213.00) 1914 Total Accounts Receivable $0.00 Total New Balance —2,�! $0.00 S ((6 ,, 43cPi �� 12/12/2005 Butte County Department of Development Services 9:20 AM Pre-Bill.Worksheet Page 3 i DET 05-10:David and Marcia Messenger(continued) Employee Summary Employee Rate Hours Charges Slip Value Adjustment MM 0.00 4.68 $0.00 $0.00 0.00 LR 0.00 0.56 $0.00 $0.00 0.00 PROJECT SUMMARY SHEET FILE NO.: DET 05-10 PROJECT TYPE: Legal Lot Determination APN: 071-290-061 APPLICANT: David and Marcia Messenger ADDRESS: P.O. Box 612, Penn Valley, CA 95946 PHONE: (530) 432=0915 OWNER: same ADDRESS: REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: Legal Lot Determination/Conditional Certificate of Compliance LOCATED: Chinook Way, approximately 1,125 feet off of Craig Access Road, PROPERTY ZONED: FL-6- Oc - A-"a GENERAL PLAN DESIGNATION: C��� () TOWN/AREA: 1. Application accepted: 6/10/2005 Amount: $2,403.00 Receipt#430943 2. Assigned To: 3.. Comments sent to: Development Services Director, Public Works Director, Environmental Health. Assessor, LAFCo, Agricultural Commissioner, CDF,Building Manager, County.Counsel 4. Sent to Inter-Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: July 6, 2005 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: State Clearinghouse No.. Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Subject to Fish &Game: Environmental Impact Report Gen. Rule Ex. —CEQA# Other 11. Clearinghouse circulation required: Yes No Date Sent to SCH: 12. Staff Report: Project Video: 13. Planning Commission Hearing(s): Action taken: 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Send letter of approval/denial to applicant/representative: 16. Give copy of letter of approval/denial to Environmental Health, Building, and Land Development 17. N.O.E. /N.Q.D. /APPENDIX G: Fish&Game Fees Paid: Yes No Name: David & Marcia Messenger Project: DET 06-01 Planner: Mark Michelena APN: 071-290-061 Zoning: FR-5 Location: on the east side of Chinook Way,approximately 1,350 feet south of Craig Access Road, Feather Falls. Proposal: Legal Lot Determination/Conditional Certificate of Compliance Mr.Michelena gave a brief summary of the project. He added"illegally"before"created"on Page 1 of the Agenda Report. Commissioner Nelson asked why we are not requiring the two parcels be merged to maintain the zone. Mr. Michelena said this is approving two non-conforming lots. Mr. Wannenmacher said the Map Act says"A local agency may as a condition to granting a Certificate of Compliance impose any conditions that would have been applicable to the division of the property.at the time the applicant acquired his or her interest therein and'that had been established at that time by this division or local ordinance enacted pursuant to this division." He said staff looks at when the parcel was created and not when the parcel was purchased. The hearing was opened to the public. There was no one here to speak on this item. The hearing was closed and the comments were confined to the Commissioner and Staff. It was moved by Commissioner Leland, seconded by Commissioner Wilson,and unanimously carried to approve the Legal Lot Determination/Conditional Certificate of Compliance for David and Marcia Messenger, DET 05-10, adopting Resolution PC 05-12, adding"illegally"before"created"on page 1 of the Agenda Report. There is a 15-day appeal period on all decisions with the Clerk of the Board ■BUTTE COUNTY PLANNING COMMISSION■MINUTES ■DECEMBER 8,2005 ■-PAGE 14 ■ l� Monday,June 13,20.06 'Development Services : PLANNING DIVISION ver. 1.0 Counter ' _— DDS Planning 81,213.00 Person ;Lana (General Fund) Payment Date 6/10/2005 Public Works $621.00 (Land Development) Receipt Number 430943 Environmental Health $479.00 Received From !Marcia& David Messenger CDF(Fire Department) — $54.00 Applicant s/a NOD/NOE $36.00 (Recording Fee) lApplication Number DET 05-10 _ Aunt Minnie $0.00 or In Reference To $1, 500 or$2,000 Planning Review/EIR $0.00 Parcel Number 071-290-061 Fish/Game $0.00 Check Number/Cash 12656 ALUC $0.00 (Airport Land Use) Total Received w" 2,403.00 Non Sufficient $0.00 Funds ($25.00 Fee) --- Total Fees $2,403.00Cell Tower ' I_ _ __ $0.00: ($2500.00) Public Sales/Copies $0.00 Other: $0.00 i I 1 j 0, DAVID,SNESSENGE4` ' 90-7162/3222 2656 MARk L� MESSENGER liga443262433 b d�lO �v y�P O B�OX1612 ��'•:y � �, � � PENN9VALLEY CA, 95946:0612 DATE / tW85I1111 01LMutUal P L A T I N U M C U S T WE R -®f an k, Valleye9ni'nswi6N=Fln'ancialCentei 1503 =+428°erunswick RE. 1-SM7e8-7000 ..Grass Valley;CA 9594524 hour Customer SeMce - MEMO ..�: 322e71,6271: 44326243311° 2656 Z/2?0 4&l i COUNTY .OF- 'BUTTE 430943 OFFICIAL RE IPT I OFFICE QA 51 //.0 MEN IS ING RECEIPT �0 ZO�' Received from o ' The Sum of N: j: For � . Received: Received By � Y CASH Tide i CHECK ] 6y . DAVCO BUSINESS FORMS•(530)743-8511 Form 84702 ; COUNTY OF BUT AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 8,4480 4 RECEIVED FROM PLANNING BAG#M DATE 6111312006 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 6113 RECEIPTS: 6309434.E TAN_r4toiG APPL'FEES- GENL 0010 440001 42IMM 101001 2,426.00 Project Number Amount-of-Fele fAPN`071=290-061=DAVID MESSENGER DET 05-10 APN:071-290-042-DAVID MESSENGER-DET 05-11 $1,213 LAND DEVELOPMENT CE:NL 0010 44OW4 4611700 101001 1,242.00 Project Number Amount of Fee APN:071-290-061-DAVID MESSENGER-DET 05-10 $$21 APN:071-29(1-042-DAVID MESSENGER-DE•i 05-11 $621 ENVIRONMENTAL HLTH GENL 0010 WWI 4614901 101001 958.00 Project Number Amount of Fee APN:071-290-081-DAVID MESSENGER-DET 05-10 $479 APN:071-290-042-DAVID MESSENGER-'DET 05-11 $479 FIRE PLNe ADPL FEE. FIRE PROTECT 0100 4617240 101001 108.00 Prciject Number Amount of Fee APN:071-290-061-DAVID MESSENGER-DET 05-10 $54 APN:071-290-042-DAVID'MESSENGERR-DET 0541 - $54 NODINOE CLERIC'S FILING FE GENL 0010 47OW1 4612319 1010131 72.00 (S36) Project Number _ Amount of Fee �APN:071-2g0-0e1-DAVID M-ESSENGER-DET 05-10 $36 AFN:071-290-042-DAVID MESSENGER-DET 05-11 $36 TOTAL $ 4,006000 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER / Y Y � / white--treasurer Spink--auditor canary--depositor golden r®d=f le DEPARTMLLOPMEN OF DEVELOPMENT 91ERVICES BUTTE COUNTY UNIFORM APPLICATION Mke,55eeyrtq or haw, T15 APPLICANT: Agent i rmation to be provided is n page 2 APPVZ1"Ci SNAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: 5. I'Yl ar a. L; m 25 S_�-±n e1r" art 2-30)fq l-"p coo ADDRESS: QTRFET,CITY,STATE. ZIP CCr1r FILE NUMBER: (FOR OFFICE USE) NI:"M;'(7)I:PRO^0S1=Q 1?ROJECT(!f anv) TELEPHONE: LOCATION OF1 O1L-C'T(Major cross s reets and Address,if any) mer' a d "(1 ei' .0A, 9 GENERAL INFORMATION REQUIRED O\k'NER'S NAME: TELEPHONE: .S'A ME- ( )137, O TI S' ADDRESS: CI Y,STATE,&ZIP CODE: 71N!: GEl`'T-RA! N A}' I. TING LAND USF SITEtZE(in Square Feet or Acres) _��+ EXISTING STRUCTURES(in Square eet) "PROPOSED STRUCTURES(in Square Feet) 0 V1-4-7 (Check One) (Check One) ❑ PR0111'RTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER gknI OIIERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED ❑GENERAL PLAN AMENDMENT ❑TENTATIVE SUBDIVISION MAP ❑ REZONE ❑TENTATIVE PARCEL MAP ❑ USE PERMIT ❑WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION ❑ VARIANCE 'LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑CERTIFICATE OF MERGER ❑ADMINISTRATIVE PERMIT ❑MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. if this application is for a land division,describe the number and size Rl"' Ckes ofparcels.) r n _ —1-18 2095 • C^ Y OWNER CERTIFICATION VE ELOPMENI SERVICES I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER,I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized,execute an affidavit of authorization and include the affidavit with this application.) DA"I'L:: (7�� Q ' '�S SIGNATURE: _ ` a 6 06- OS K:\FORMS\UNIFORM APPLICATION 'r Page I of 2 L 6 AGENT AUTHORIZATION i • TO: Butte County, Department of Development Services: P Phone Number( ) - Print Name i Mailing Address is hereby authorized to process the application for on my property, identified as Butte County Assessor Parcel Number: APN# - - This authorization allows representation for all applications,hearings, appeals, etc. and to sign all documents necessary for said processing,but not including document(s) relating to record title interest. Owlier(s) of Record: (sign and print name) Print Name Print Name Signature Signature Architect and/or Engineer: Phone Number(� - Print Name of Architect/Engineer Mailing Address FOR OFFICE USE ONLY Verify: dU Date Received: Total Amount Received: Q3 P Number(s) Rlzoning qegal Description wners Authorization Requirements Project Description pies of plot plan Taken by: 0Receipt No. PW/LD Plan �°2� 3 E.H. CDF 5q s .3(p Payment of the'currently required Application Fee and/or Deposit(Any unused portion of a deposit) will be returned upon final action. �; BUTTE ��/ da // / COUNTY Current fee for this application is '�% 3- as of 6 d r75 0 2005 Make check payable to `Butte County Treasurer". DEVELOPMENT KAFORA-ISMNIFORM APPLICATION SERVICES Page 2 of 2 ' I i � � i 1 i i '� ` /ya f ,; LEGAL LOT DETERMINATION SUPPLEMENTAL APPLICATION INFORMATION If the parcel was created by gift deed to the.applicant or present owner. The undersigned hereby states and declares that the herein described parcel was created: (Circle one) 1: By gift deed 2: As a remainder of a gift deed. This parcel is the result of a bona fide gift and was not created.for the purpose-of sale, lease or financing, whether immediate or future, as specified in California Subdivision Map Act, (Government Code Section 66424). At the time of conveyance of the gift deed the herein described parcel was not involved in any pending escrow and was not concurrently advertised, offered or listed for sale by the owner or by any Real Estate corporation, broker or salesperson. I have read the above statement. I declare under penalty of perjury under the laws of the State of California that the.above statement is true and correct. Date: Signature of Owner Print or type.name ■ Butte County Department of Development Services-Planning Division Ar 2 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM ITo be completed By Project Applicant) Date Filed GENERAL INFORMATION: c 1. Name and address of owner, and/or developer, and/or project sponsor: 1 Cl., l .al 2. Address of project: G Y-' Ems`` orev 1 ' cA.. •1 5q 6/0 Assessor's Parcel Number: b-7 I — -110—0 ,6 3. Name,-address,j}pr�Jnd'1telephone number of person to be contacted concerning his project: 1 Zip;'9544 ✓"' %..� 4. List and describe any other related permit§ and other public approvals,required for this project, including those required by city, regional, state and federal agencies: _ 5. Existing'general plan designation: 6. Existing zoning district: _A — vZ 7. How is land currently used? P 8. Progosed useof site (Project for which this form is filed): . " Project Description: 9. Site size: 14 (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached: Yes No 12. Proposed development schedule Sans _Ude I f ` t i 4- E-In 13. Associated projects, ( Ol?cL. JOn c--o ! 0.- Ss 14. Anticipated incremental or phased. development f2 4Z,we y— 0-yid BUTTE COUNTY JUN 1 0 2005 0 Butte County Department of Development Services 0 Planning DivisieWMELOPMENT SERVICES 0 Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If thejroect involves a minor variance, conditional use, rezoning application, or any development P permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit' Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. �[ 22. Change in pattern or character of general area of project. 4` 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. /r%/" 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 13 28. Use of, or disposal of potentially hazardous materials, y� such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services \ (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). \ 31 . Relationship to a larger project or series of projects. �@7; "BUTTE ❑ Butte County Department of Development Services ❑ Planning Division ❑JUN 10 20G5 DEVELOPMENT SERVICES • Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. P i�„`� i 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use-(one-family, apartment houses, shops, department stores, etc.), and scale of . development (height, frontage,, set-back, rear yard,, etc-.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification ri''�� 11WI.e� I hereby certify that the statements furnished above and in the attached exhibits present the data and information required red f r this initial evaluation to best of my ability, and that the facts statements, and information presented are true and correct to the best of my knowledge and belief. j Date .---.—Signat re G BUTTE COUNTY K:\Planning\FORMS\Submitta1lENV-INFO.FRM JUN 10 2005 DEVELOPMENT SERVICES 0 Butte County Department of Development Services 0 Planning Division 0 fry • ' . ° � � . ' LEGAL LOT DETERMINATION APPLICATION PACKET CHECKLIST The following items are required to be submitted at the time of application: Applicant Planner 1. L]' A completed, signed,Uniform Application. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform ` Application. The application shall not be accepted unless signed by the owner or authorized agent. E Payment of the currently required Application Fee. ' 3. dAn Application .for a Legal Lot Determination must be accompanied by verification of ownership and/or evidence of how the parcel in question was created. This evidence may be obtained from a title company, engineer, or land surveyor, et al. 4. A plot plan or map giving approximate locations of existing improvements on the property. 5. ¢� ❑ Supplemental application information required. YES ®NO tt�4 re,c=�! O�r.� . �.5�:�►'1�P:�1. C� �°e�l �►'`�'Irl Additional information maybe required in order to clarify,fy, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Date: Applicant/Representative Al Signature: Date: PI gReceivg'App-plicaton 0/d c— BUTTE COUNTY JUN A 0 2005 DEVELOPMENT CFR\7T!`74'c IF INSUFFICIENT INFORMATION IS SUBMITTED,THE APPLICATION WILL BE DEEMED INCOMPLETE. 1 LEGAL LOT DETERMINATION -APPLICATION SUBMITTAL REQUIREMENTS Prior to submitting a Legal Lot Determination application, -it is requested that the applicant discuss the application requirements, County procedures, zoning provisions and possible conditions of approval with the Development Services, Public Works and Environmental Health staff. Please note that acceptance of your application is not an indication of approval. A. SPECIFIC INFORMATION The following specific information and material shall accompany a Uniform Application at the time of submittal. Applications will not be considered complete nor will they be acted upon until all submittal requirements have been met. All items, maps and exhibits submitted in support of this application shall become the property of Butte County. The following items are required to be submitted at the time of application: 1. A completed, signed, Uniform Application. If the application is signed by an agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by the owner or authorized agent. 2. Payment of the currently required Application Fee. 3. An Application for a Legal Lot Determination must be accompanied by verification of ownership and/or evidence of how the parcel in.question was created. This evidence may be obtained from'a title company, engineer, or land surveyor, et al. 4. A plot plan or map giving approximate locations of existing improvements on the property. 5. Supplemental application information may be required. See.attached form. B. HEARING REQUIREMENTS A Legal Lot Determination is placed on the consent agenda of the Development Review Committee for approval. Notice of the time, date and place of said hearing is posted in a public place at least 72 hours prior to hearing.' THE DEVELOPMENT REVIEW COMMITTEE DECISION IS FINAL UNLESS APPEALED TO THE BOARD OF SUPERVISORS WITHIN 15 CALENDAR_ DAYS_. BUTTE COUNTY JUN 10 2005 DEVELOPMENT ■ Butte County Department of Development Services-Planning Division Ar SERVICES 1 ' ® ❑ Main Office O Oroviile ❑ Paradise ❑ Gridley 500 Wall St. 1835 Robinson St. 6038 A Clark Rd. 650 Kentucky St. Vern F.®cane P.O Box 5173 P.O. Box 811 P.O. Box 490 . P.O. Box 949 County Vlanagzr Chico, CA 95927 Oroville, CA 95965 Paradise, CA 95967 Gridley, CA 95948 serving the (916) 894-2612 (916) 533-2414 (916) 877-6262 (916) 846-4005 north state since 1929 (916) 533-2553 FAX (916) 533-1589 FAX (916) 872-5129 FAY. (916) 846-0584 (916) 846-4583 FAX (916) 894-0713 September 8, 1992 Mr. Dave Messenger P.O. Box 1612 Penn valley, CA 95946 Dear Mr. Messenger, Please find enclosed herewith the Title History documents and Maps which you have requested for APN 071-290-061 all 071-290-042. The fee for this service is $25.00, please remit payment to our office in.-the enclosed envelope. if you have any questions, please do not hesitate to give me a call. Sincerely yours, O a✓ .. Christine -AW Menezes Title Officer BUTTE COUNTY BUTTE COUNTY JUN 10 2005 DEVELOPMENT SERVICES JOHN MEND NSA Assis ant Dir.—Land,Developlme/nt Section EPARTMENT OF PUBLIC WORKS COUNTY CENTER DRIVE '17ROVILLE,CALIFORNIA 95965 (916)538-7266 RECORDING REOUrSTED IY gg 22n :.6UTEECA. Empire Title COmpayn 24807 RECORDER1ry'.,S OFFICE AND WHEN 110E.1-111D ALAIt TO ELEANOR ,",. BECKER F— Mr. and Mrs., David S.Messenger 1985 DEC 'S 11_ 41 Nam. 11067 Golden Stair Way REOQRDED aT REQUEST OF 31-1 Penn Valley CA 95946 __ �►I}'-�'`E Add,M1 'T C11r S M is slot. 86-43220 PrsgE. SPACE APOVQ THIS LINE FOR RECORDER'S USE FULL RECONVEYANCE OROVILLE TITLE COMPANY, o corporation, as Trustee In the deed of trust executed by David S. Messenger and Marcia L. Messenger, husband and wife dated December 28, 1982 and recorded January 17, 1983 in Volume 2787 of Official Records at page 142 , records of the Series NO. 83-1444 County of Butte State.of California, pursuant to the written-request of the beneficiary, does hereby GRANT and RECONVEY unto the PARTIES ENTITLED THERETO, without warranty, all the estate and Interest derived to it, by or through said Deed of Trust, in the lands therein described. IN WITNESS WHEREOF, sold Trustee has executed these presents by Its officers thereunto duly authorized, this 16th day of October 1986 OROVILLE TITLE C PAN , a Corporation Trustee By ..R.e.. ................ ............................................................... D. A. Drane Vice President By ................................................ ................ ......._.... ................ Amman,Secretary STATE OF CALIFORNIA ................................ County of ......A.1! 4A. ..............},s. On .........October..16 19..86....., he/ort tete, tl:c undersigned. a Notary r'Itblic. in and for said........County and State, personally c;prarecl .D. A....Drane.............................................. knower to me to be the .........V.iS.g..i'.resident............... c,/ the corpurption that vrecuted the :within instrtuncnt, us truster, and known to ale• to he the person who executed said instrument on behalf of the corporation therein nam- ed, and aeknowkilyed to.mc that such corporation erreuted the sante -'ris such 'Trustee. 6Y17'NL-SS my hand and official scat. • rrrrrrrrrrrr■ • BEVERLY J.GREEN i (Se(l) ■ .•4' = NOTARY Pl)X1C-CALIFOANIA r a sunn:,.x,r.ty r a • My Commisslun Expires Nov.24,1980 Y I1lrrrrrrrarrrrrrerrrtarrarr� Notary Public ' and for d State ITRII .wM Iwr wMhNl wwMNl ...n �I t ------- /-.� _--- 8VTTE cIIU;rTT-•.:: 11FCORPS REO:::.': AND WHEN RECORDED MAIL TO r2ltt f g�Y EE.L�m 17 9 18 Ah,10V FjDavid S. Messenger BLERNCRRECORDERR Add... P• 0. Box 612 E Penn Valley, Calif. 959461— 1x43 C", s ala. LEscrow No: 124551 MAIL TAX 6TATEMENTa TO Nlma s„II, Same as above Add— e�i s L lhtp Srotornenl NOT T J �•:, c-� u r SPACE ABOVE THIS LINE FOR RECORDER'S USE _ (, I Sum rtw1 0 CAT.No.NN 6E}1 pn 1dON�n(nl• individual Grant Deed - TO 1023 CAN e dlo�TNI•/YI1Y IVANraNlO\•T�C011 err.(1N.V rt(Aa J Ii undersigned grantor(s)declarc(s): i Dovimentary tranifer tax is$ 12.10 AkPSFFR Il d KX ) computed on full value of property conveyed,or AIO C ) computed on full value less value of liens and cncumb.ances remaining at time of sale. (XX) Unincorpuratcd area:i )City of and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, WILLIAM. C. HAVER and ROBERTA J. HAVER, also known as ROBERTA A. HAVER, his wife hereby GRANT(S)to DAVID S. MESSENGM and MAfCIA MESSENGER, his wife, as Joint Tenants, the following described real property in ncc County of Butte State of California: L R SEE ATTACHED DESCRIPTION ” • Datcd: December 28th, 1982 b Q Yfam F.Waver STATE OF CALIFORNIA covNTv UF A'SAeit A tLQ1� }Ss. L 1/ On geed. ___ before < me, the undersigned.a Notary Public in and fur said State, o er a Haver perwnally appcarcd William C. Haver Roberta J. Haver ersonally knwn to me or proved to me on the basis of eat• ' o fr.crury evidence to be the perwn _-whose name a are t+. ..... : '1"Iwbscribed to the within instrument and acknowledged carr tcd the same. i jV wrrmtss my hand and official seal. �} it lY (X� Signature f� l +t aI CAIr� 1 5 laid.vn lair offlcla1 nw—al..It �} fide Order No. '._ _�-_--- ..Est mw air I,.an No. ( MAIL TAX STATEMENTS AS DIRECTED ABOVE t:. ORDER No: 1245G1 SCIIECULE C The .land referred to herein is described as follows: All th;.t ccrt:rin real property :situate in the County of Butte, State of California, described as follows: PARCEL ONE: N off/ C LA The north half of the west 355 feet of the East 1065 fejt of the North half of the Southwest quarter of the northeast ouartor. of Section 36, Township 20 North, Range 5 East, M. D.. B. & M. PARCEL Two: LSF , 0 t 2 0 r 1 7o t�.A4t The South half uf. the West 355 facet of: the Eapt 1065 feet of the f North half of thn Sout:hc,e>,1• quarter of the Northeast quarter of i Section 3G, Town:chip 20 North, Range 5 Ear.t, Pt. D. 13. & M. � PARC1,r, T111ME: A right- of way for road aml public: utility pm-pores over, a sL'r.i.A of land 60 fent in width lying 30 feet on each sildr, of the following descr.ihod line: BL•'G'rN!• HU. ;,t• t.l',c•. !couthe,i!;t corner of. the North half of the Soul-.hwc!-a: qu;..1rlL-r of the: Northea::t ( uarter. of Section 36, Township 20 North, Range 5 Part, M. 1). B. & M. ; thence West alum) the South line of said Norta half of the Suuthwcul. quarter of t.hc Northeast quarter of said Section a d'_::taricce of 1065 fr:ct, thn-ice North and par.all.el. with I said Mas,,-. line r, distamuc. of G60 f(!et, more or less, to the South Line of the Northwert quarter of the Nort: cast quarter of said Section 36; thence East along said Suuth line a di.:;tance of 90 feel-; thence North and In,r.;c)Jol with the, Bast line of r•,afd Northwest quarter of r the Nor.Llreast quarter '100 fect, more or less, to t•.he Southerly line of th'ct: certain road known as Craig P;cr.k (toad, as described in Decd !' to tae ;:tate of Cali.forn.i.a, daLcd Miiy 17, 1908 and recurdcrl July 30, 1969 in )look. 1.10G of nUtte County Official Records, at page. 432 and the end of said line. PAR(r:L 1•'Olne: A right of wny rfor ro;:cl ;md pul)li.0 utilily puipm;ns ovc r a et:rip of N l:nrcl 60 fec:L .in width ly;.ng 30 fccL on ctne•h ufcl . of the folluw.in(I dc:ncr.ihed A BEGINNING at a pcint on the South line of said Northwest quarter of the Northeast quarter of said Section 36, Township 20 North, Range 5 East, M. D. B. & M., from which the southeast corner thereof bears East 335 feet distant; thence from said Point of beginning North and Parallel with the East line of said Northwest quarter of the Northeast quarter a distance of 950 feet, more'or less, to the South line of that certain road known as Craig Park Road, •as , described in Decd to the State of California, dated May 17, 19G0 and recorded July 30, 1959 in Book 1576 of Butte County Official ' Records, at page 432 and the"end of said line. t a A ' i ' I 1 1 • II a 1 , N 61D OF DOCUMErIT • 1 •• 00 BUTTE Cou"Y >^ r( 1� I } "ACCORDING 1119016099Tto AT r.; N Illlnm C. Ilnvor L r r AHw wH,w•,eollo110 rAa to V",vlt� 4 N'llllnm C A Iluherlit A Ilnvel 1411110 Sntull• I.nne . I:.'. r..w t i i Y, ....,. Inn .III\r, Ca 115124 i:I�%r1U -rACc AMOV[THIS LIM& FOR I19COlr CIMS Y19 � ., TAA f Ali ... Willlnnt C• h lluhot•W A Ilnver is »,. 1411110 Snntly Lntte n•.4.. t> ••••" San.horse, f'n 1151:410 p. TN. Joint Tenancy Grunt Decd 11.14.1THIO room ruIIHIOHOO OT I Tn VOT COM►AMT ' s FOR A VALUABLE CONMDERATION.rerrIjA ul whirh b hr.rhy K•InuwIHIXmI. �' Cltl'S1'Al. PINES, INC hereby CRANTIM In HAVFR ` 111LL1A,%1 C/h HUBEIVI'A A. IIAVEII. hunhnnd 6 "Ife AS jot TENANTS. the red pngMrty In the °'i• County of Butte K•dr ul California.&wrlW The East 1065 feet of the North half of the Southwest quarter of the Y" Northeast quarter of Section 36, Township 20 North, Range 5 East, M.D.H. Al M. , I,. RESERVING and TOGETHER WITH a right of way for road and public utility 3 purposes over a strip of land 60 feet in width lying 30 feet on each side of. the following described lines 4 BEGINNING at the Southeast corner of the North half of the Southwest ,d quarter of the Northeast quarter of said Section 36; thence West along the South line o: said North half of the Southwest yuarter of the '= Northeast quarto; of said Section a distance of 1065 feet; thence North and parallel with said East line a distance of 660 feet, more or `. less, to the South line of the Northwest quarter of the Northeast quarter o said Section 6 t East along said South line a distance of 0 •Y f tin 3 ; hence g n 9 � feet; thence North and parallel with the East line of said Northwest quarter of the Northeast quarter 700 feet, more or less, to the Southerly line of that certain road known as Craig Park Road as described in . b Deed to the State of California, dated May 179 1968 and recorded July N6 1969 in Book 1576 of Butte County Official Records, at page 432 and S the end of said line. p.. ALSO TOGETHER WITH a right of way for road and public utility purposes N over a strip of land 60 feet in width lying 30 feet on each side of c0 the following described linet A r BEGINNING at a point on the South line o: said Northwest quarter of thei-�; ^` Northeast quarter of said Section 36, from which the Southeast corner thereof bears Fast, 335 feet distant; thence from said point of beginnig North and parallel with the East line of said Northwest quarter of the Northeast quarter a distance of 950 feet, more or less, to the South line of that certain road known as Craig Park Road as described in Daed to the State of California, dated May 17, 196 and recorded July 30, 1969 in Book 1576 of Butte County Official Records, at pate 432 and the end of said line. I 3AO911 OU33110 SV s1N3w31vts M 11YW :, .. ._... . _. .----- -•„� ullrvl m .iin].w;{-- - -- ' - '-- - •off 1.,11111 .,P!.1. 11•n tn,•wu I•.wp..w.l•.n•ry�l +u i1u1,1„,l 4,1.w111, ,r� ........... .yl p+,w.,1. ��Yy��vl I ai•I i„ t.. „Lu, V!40--41 o11.w111.»,lu. ppUtl UO 1C7ot]O� 1,j L'S O tlllal U,t Ui1/117 J)011 •til i 11 Nits ,�M J111 {Y]QrlU i as taN , j �Y y 3] ,, ��, a1,3 1 I1 FN_ay� • -77 �7tl3 a70aCY /. ,.i '. 1 l..ualdr ylrw»lal +1�1�p1••uq I'O•ul IMln,l i,t��+ `I M. • UOU9�Zj0,1 •I jtlC,j .w� ' - �..rV .i,q.w,np•wu.o�l.l Z/.1.� I` :.--� c� 1' 1. [.,-l�),.� t or,;: 3uap s�7.1 •:mt 'CIKLI t�a.c.ta� • y, ttL 1 1{ `Y H f• ) •4 i� A4 R 1 V 'f b t. i • �j BUTTE COUNTY t' •�' n. J ' 11KCONCIN0 11[000T[O eT ' h JUllll Lanlry QROVIUI Trcr CbNtA;1 AND wMTN■eCORO/0 MAIL TO Jill 18 S? Am 10 • r7lohn & MIrlam Luslcy Ir rJ 'I r N... I till l L:nkllsh Drive ,.;I ,..,,, Stln Jueo, C'allf ►lt ' A. M.i. SPACc Aew[ THIS LINK FOR IIcc011ot N•11 YOK N... John h %llt•laln Lnslcy . , .. .,, , �• ,..,•..c..a•.e ,•.,. 1681 English brlvc •••,•'; SIln Juse, Calls I foil . lo.o.CA Poll Joint Tenancy Grant Deed 11;1:1.1 THIS BOOM►yNNIONtO Of TITLI INCYIIANCC AND TOYOT COMPANY FOR A VALUABLE CQWRAT10N,recelpt of which IS herby acknowledged. 11'ILL1A\i C1h HOBEIiTA j., HAVEII, husband 6 wife as Joint Tenants hereby GRA —-- JOHN h \1110AM LASLEY, husband 6 wife AS JOINT TEMA\TS, the real property in the County aI I Buttu State J CAlilornlA,described as: 4wThe Woat;355 feet of the East 710 feet of the North half of the ; southwest quarter of the Northeast quarter of Section 36, Township 20 , North, Range 5 East, M.D.9. Q M. r RESERVING THEREFROM a right of way for road and public utility purposes r_ over,the South 30 feet and over the North 60 feet of the East 10 feet of said land. :i TOGETHER WITH a right of way for road and public utility purposes over the North 60 feet of :he West 50 feet of the East 355 feet of the North half of the Southwest quarter of the Northeast quarter of said Section 36. ALSO TOGETHER with a right of.way for road and public utility purpoaas over a strip of land 60 feet in width lying 30 feet on each aide of C•7 i- . the following described lines BEGINNING at a point on the South line of said Northwest quarter of !' the Northeast quarter of said Section 36, from which the Southeast ( corner thereof bears East 335 feet distant; thence from said point of • beginning, North and parallel with the East line of said Northwest ! quarter of the Northeast quarter a distance of 950 feet, more or less, to the South line of that certain road known as Craig Park Road, as described in Deed to the State of California, dated May 17, ,1968 and recorded July 30, 1969 in Book 1576 of Butte County Official Records, } at page 432.and the end of said line.' • t-�''ry;t..wJ. ALSO TOGETHER WITH a right of ray for road and public utility f '"• � y purposes over a strip of land 66 feet in width lying 36 feet on each side of "s the following deacrlbed llnet �,?y• esciNNixG at the Southeast cornet of the North half of the So"thwst quarter of the Northeast quarter of said Section 361 thence nest &long i, the South line of said North half of the Southwestuarter of the Northeast quarter of said Section a distance of 3065 feet{ thence North and parallel with said East line a distance of 660 feet. more or less. to the South line of the Northwest quw ter of the Northeast Quarter of said Section 361 thence East •ions said South line a distance -,£�ti�• of 90 feet{ thence North and parallel with the Zest line of Said North- west quarter of the Northeast quarter 700 feet sore or less, to the '^r!~° Southerly line of that certain road known as CM 111 Park Road os dos- cribed in Deed to the State of California. datrl Kay 17. 1968 Snd re- ' corded July 30. 1969 in gook 1576 of 3utte County Official Records, at • pate 432 and the end of said line. EXCEPTING that portion lying Within the above d-3scribed parcel of land. ll� "I\11 �q'I'11 I1.�1\I\ � 1 /r•� r-.. �` � i'�'"L_.lL�' � -J-T�•1.4^' 1 t.i C;.�I.0<L.Kt��C ��iC��CL�iC• ,� ._. __. � `'�� ...L.ih.L...•n aaL .h.r w. a. 1.-nl..l l.•IL.eAn r •n...•,n..� •n.l .►n.•.hln`I iAy�/ .•wwwl .1.« ..m.. �' tt�, M I'I M.••m.I....I•»•I••n.•ul wt. ✓ l"'� ��� \ ..Tq..l•,I•uwlr.l� i n.••n.h.••w••r. .•.t.r. ' + T'itln Ihdrr Vo. CrJ Lh LX0CJ1Mltt#:-•n.w or lown X•F. . ,;h�,'% '• �' MAIL TAX STATEMMS AS DIRICTiD AaOv! k c t 1 7 ;:KT'• i'i "fix�±,ytrrsq hVrrx Cowry f. A"- ..9 ;•w9 wr,w•►rMN•wRl.to �MJtII I� 111:7 ' rllnrrvll A Ilucicnn Iloll , 1',:;{1.11' ..111 �� ''' "•« 21:1111 ('ulumbua Ave i..Lllifl'„ � ('upet-Mio, 0lif 119014 ILE n 1011 e►ACL AeOVa?"a Upg rQR at n eww .r� %��'>"-",�^d• %- w•« Iinrrcll h IhlNenn Hcll TAX' I.U*D •�t.11 rwlla► �,��.• ►.. 213111 Columbus Ave 1.•A / C'upot'lllxt, Cidif 09111 fol ,.. 1 ► .•u { c, :R. •.w-�••w•r�.� �.rr ; Mir;Ems.•�La:�:/: to-N CA 4.r Joint Tenancy Grant Deed rwl�IORr IvwMMMp N♦1?•�IMv�RwCf MIA r�111f 1lplrRwr � -:9"�;':el�• rOR A VAIXARLE C WXATION,rrrr"d whVrh V Iwrriry scLwwk*rd, tllLl.lA\I C ti 110BEHTAI IIAL'EH, husband 6 wife, as Juin( Tenants rj� moi. Mk..aa W6 rrh)f,RA�TIat tIbB.L �' IIAIIHfiLL.� h II0%%'LNA HELL, hu.:bnnd 8 %Ire =.•$ AS JOINT TEMA\TS. the r.d pnryrrl) In Illr Gwnl Idr{... Butte. !h.tr n(I:91VInMia,dewrtVMd a: •_` '�„>{'+'•'�' ? � The East 355 feet of the Korth half of the Southwest quarter of the N,)rtheast quarter of Section 36, Township Borth, Range 5 East. "- }�.;t;�,,r�.,• A M. RESERVING THEREFROM a right of way for road and public utility purposes !af�_ : over the South 30 feet and over the North 60 feet of the west 50 feet of said land. TL)CETHER WITH a right of way for road and public utility purposes over 0.6; � ���?;X:� the North 60 feet of the West 10 foot of the East 365 feet of the North half of the Southwest quarter of the Northeast quarter of said Section 36. ALSO TCZETHER.WITH a right of way for road and.public utility purposes over a strip of land 60 fest in width lying 30 feet on each side of the following described liner �= BEGINNING at s point on the South line of said Northwest P quarter of the Northeast quarter of said Section 36, from which the Southeast corner I v• thereof bears East 335 feet distant{ thence from said point of beginning, North and parallel with the East line of said Northwest quarter of Northeast quarter a distance of 950 feet, more or less, to the South .. ins or that certain road known as Craig Park Road as described in Deed to the State of California. dated May 17, 1961 and recorded July 30, 1969 in Book 1576 of Butte County Official Records, at pate 432 and the end of said line._ /7n w• 5 UUTTR COUNTY ,<a^LT,.;+sr•. t, f ;�•;��g'.:;Y;�fir,.: ALSO TOGETHER WITH a right of way for road and over a strip of land 60 feat in width lying public utility purposes the following described line. Y R 3o het on each side of w FIEGINNING at the Southeast corner of the !forth half o t .: quarter of the Northeast quarter of 'sold Sect: f he Southwest on 36f thence Test along n the South line of said North half of the Soutnwest uarter of the '- c.:•-�Yv"=. Northeast quarter of said Section a distance of 306? feet thence North and parall.l wlLh said Past line a distance of 660 feet more or less, to the South line of the Northwest quar•+or of the Northeast quarter rz � � of said Section 361 thence East along said South line a distance of 90 feet( thence North and parallel with the East lirre of said Northwest quarter of the Northeast quarter 700 feett more or less, to the Southerly line of that certain road known as Craig Park Ro2d• as described in Deed to the State of Callfornlaq dated May 17. 1g6G and recorded July 30, y the in look said line. 9utto County Official Records at 3 the end of said line. � page 4 ? and �Y!;F,�.,n•; EXCEPTING that portion lying within the'above described parcel of land. '7 I — 1 �• �T 1111 101'I:%111JIH\I.1 �.. ��,/�'� .:L.��^✓2�'.':/ �'S.i�s�'-Y..,. L`l;•t(,L �' '`<:]=t•'r'r1. '. i . 1'n�'.:.� -Lim.' �i. — 1-I•r• tiv o1.h .'�5�',:c'.yi�' -. ii< •1r h••iI 14ddn 1 .nd 1:.1 I L, _ .. •:�'s'`')"• . -•JG-c .ley� r •y 1 tet:, •19-.1y1 �;.��'•';ir `� f /f�• j �sL�(!:fit._ `1 s .f� �'y1{;:: ` v'G 111..1 1..11r.1111:• u:•1:.num .ud ,.d u...L,ly..l du��(/1 n...n..l d.. ..11... � 9 �-` l--► "C7y �a ` .1nr:,11ii1.• �s-Gf.(�/•//�[ Y`_ 00 •"�•._yrs��': 'CCC//s� /��. �N["/i�P /SG/l� ';'• v..•:. Sa+:Vw• \..1..,111.•.1. r1111..1 -'h;'a,; Rin n► OC1GiJA•IFN �.�k t• r bpd y f, MAIL TAX STAT[MfNT3 AS DIRECTED ABOVE S 0• 09 RECORDING REQUESTED BY 86 - 22 100 RECORDED IN OFFICIAL RECORDS OF BUTTE COUNTT,CILIFORNIA hTTH-RFOUF.ST OF 1�pc PA11 '4 R7e SHOti.NN AND WHEN RECORDED MAIL TO 286 JUL I I PN ' 26 F -� ELEANOR M.BECKER Name Page C. J. Cline CLERK-RECORDER FEE 4- Street 7109 Berwyn, P1 Addnw 86—u100 Cltra Citrus Heights, CA 95621 state L J MAIL TAX STATEMENTS TO r � Name Street same as above Address City state e L J — V SPACE ABOVE THIS LINE FOR RECORDER'S USE CAT.No.NHooeeo Individual Quitclaim Deed pagm TO 7922 CA 17-82) THIS FORM FURNIeN[D■T TICOR 711F1.[IN{UR[Re The undersigned grantor(s)dcclare(s): Documentary transfer tax is S O ( ) computed on full value of property conveye ,or ( ) computed on full value leu value of liens and encumbrances remaining at time of sale. ( ) Unincorporated arca: ( )City of ,and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, ARTHUR HEALE and LEAH REALE, husband and wife, as point tenants hereby REMISES,RELEASES AND QUITCLAIMS to PACE C. J. CLINE, a single man the following described real property in the County of Butte State of California: The North half of the Southeast quarter of the Northwest quarter and the North half of the Southwest quarter of the Northeast quarter of Section 36, Township 20 North, Rarige 5 East, M.D.B. & M. az.rra RESERVING THEREFROM a right of way for road and public utility purposes over the South 30 feet and over the East 30 feet of said land. TOGETHER WITH a right of way for road and public utility purposes over a strip of land 60 feet in width lying 30 feet on each side of the following described line: BEGINNING at the Southwest corner of the North half of the Southeast quarter of the Northwest quarter of said Section 36; thence East along the South line of said North half of the Southeast quarter of the Northwest quarter of said Section and along the South line of the North half of the Southwest quarter of the Northeast quarter of said Section to a point which bears West along said line a distance of 1065 feet frons the Southeast corner of said North half of the Southwest quarter of the Northeast quarter of said Section 36; thence North and parallel with the East line of said Southwest quarter of the Northeast quarter of said Section a distance of 660 feet, more or less, to the South line of v the Northwest quarter of the Northeast quarter of said Section 36; F thence East along said South line a distance of 90 feet; thence North and parallel with the East line of said Northwest quarter of the North I\V east quarter 700 feet, more or less, to- the Southerly line of that C.J certain road known as Craig Park Road, as described in Deed to the State of California, dated May 17, 1966 and recorded July 30, 1969 in 3ook 1576 of Butte County Official Records, at page 432 and the end 1--� of said line. lam^ C7 EXCEPTING that portion lying within the above described parcel of land. 86 - 22100 a Datcdl June 18, 1986 ARTHUR HEALE STATE OF CALIFORNIA COUNTY OF Butte }SS LEAH HEALE On June 18, 1986 before me,the undersigned, a Notary Public in and for said State, pcmnally appeared ARTHUR REALE and LEAH HEALE rrsonally known to me or proved to me on the basis of sat- actory evidence to be the person ewhosc names are subscribed to the within hutrument and acknowledged •°r.r.a a n e e e e n e a s^n n a is that th4xccuted the sante. i , PATSY L. CANTER a. WITNESS my han d official seal. NOTARY f'li3llC-CALIFORNIA rurp County i • ••. My Comm E aprrus Mny 13.19g i - Signature -40F magasistooastaostatostststst�s+st<,stst� (This area for official notartal scid) Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE i 9 BUTTE COUNTY k� When recorded return & mail lax statements to: Carl W. L,nwhuad 148110 Sanely Lane GRANT DEED (Individual) San ,lose, Ca 95124 d f a i I TAX' PA For value received WILLIAM C'. 1(AVE11 and ROBERTA .I, IIAV I•:I(, his wife '.. it (IHANT.. ............to :A �, C'AHI, W. LAWIINAI) II i till thnl rmil property aitlutte In lho unllw(1l-lro1,atvd area S'� (bunt)•of 1lultr state of Cnlifuruln,described 11.4 followm: �.1 I The Stmth half of the West 35' 'cei of the East 1065 feet of the North half of the Southwest quarter of the Northeast quarter of Section 36, Township 20 North, Hange 5 I::asi, M,D.B.&M. RESERVING and TOGETHER WITH a right of way for road and public utility purposes over a strip of land 60 feet in width lying 30 feet on each side of the following described line: BEGINNING at the Southeast corner of the North half of the Southwest quarter of the Northeast quarter of said Section 36; thence West along the South line of said North half of the Southwest quarter of the Northeast quarter of said Section a distance of 1065 feet; thence North and parallel with said East line a distance of 660 feet, more or less, to the South line of the Northwest quarter of the Fortheast quarter of said Section 36; thence East along said South line a distance of 90 feet; thence North and parallel with the East line of said Northwest quarter of the Northeast quarter 700 feet, m( re or less, to the Southerly line of that certain road known as Craig Park Road as described in Deed to the State of California, dated May 17, 1966 and recorded July 30, 1969 in Book 1576 of Butte County Official Records, at page 432 and 4 the dnd of said line. ALSO TOGETHER WITH a right of way for road and public utility purposes over a strip of land 60 feet in width lying 30 feet on each side of the following described line: BEGINNING at a point on the South Aine of said Northwest quarter of the y Northeast quarter of said Section 36, from which the Southeast corner thereof bears East, 335 feet distant; thence from sold point of beginning, ! North and parallel with the East line of said Northwest quarter of the Northeast quarter a distance of 950 feet, more or (Ass, to the South line of that certain road known as Craig Park Road as described in Deed to the State of California, dated May 17, 1966 and recorded July 30, i 1969 in Book 1576 of Butte County Official Records, at pate 432 and ' the end of said line. ............Februe. .ry..7.......................... 19..72..... Untall .......... . . STATE OF CAMF'ORNIA ; ...........................Countu nl ..........Bu.tte......1 i o o........... Qb.r.vAry.....7......... ......10...72 Ver Ito rth-r'" Use Only hvlorr•mr....... .....S.tvlle............a A•nlarU!'uhNr• Ij In and lar sold Cuuulp and Slnle.prroonnllll npprurrd �I William C. Haver and Roberta T. ,Haver .. ............................................................. ....... OROYILLE TITLE CO t�P NY l . ........................................................................ ............. g 1132 AH 191�i konu-n to n.r to be.the prrsnn.Bu'hose nnn.r..a. aretuh. FED scrllirl fo lite telthln b.slntmcnt,and nrknowlydo,d in rnr . t reo N,tlfthe utmc. � OFFICIAL ,ll •, .•a, I, Crfrr�r sign riper v .. e.To $TI�`3 22502 wJ 11ptA{r l'UgUC•CAl11412M Appl. No. ....................... . . .......... IUTIE COUNIt 0PA48011 6oWr Wr. /f rr�.ri�rr.T.rC._.. ry;':J,•e_ /`/_� •, J.JI:Um N' 1 'x Q y RECORDS'No REOUERTr;3 BY I William C. Haver AND WHEN RECORDED MAr.TO t�tL C Mp,l.W�clrT I L 1 O7 1 -1 F William C & Roberta J Haver , CLERK- E.L-�Lkh 1/1 N.w. CLERK-RECURL'Cd [�F�� 14880 dandy Lane EE ;;;; San Jose, Ca 95124 a.... �- Escrow No: 124561 -j SPACE ABOVE THIS LINE FOR RECORDER'S USE . r ou ua M•aw,m ro F, "•'• William C & RobertaJ. aver H Chan�a of Cw"rii a+» 14880 Sandy Lane al:p I:,I ••:::.+ )� t A...... San Jose, Ca 95124 FiNd ISec. •:�� R & T CO, SSM t add—on dxumrnt. f - Full Value TfIX PAiO TO 402 CA 40.67, Quitclaim Dee4 •PI'1;�1A14__1.a.FTANI'S 41rOY1. `:; . THIS rORM FURNISH 0•T TITLE IN�YIIANC[AMO�� TKR^CCYJTT,TCLiLOCCM►ANT� :I FOR A 1'AMIAHLE CONSIDERATION, reeript of which is Lrre.by —Lnow6iged g CARL W. LAWHEAD hereby I(EMISEIS). RELEASEISI AND FOREVER QVITCLAIAIISI Ire WILLIAM C. HAVER and ROBERTA J. HAVER , his wife, as Joint Tenants •9� the LdluwinF deneribed real properly is IIN•unincorporated area enUnh' of Butte stole .•f I:alifuruin: The South half of the West 355 feet of the East 1065 feet of the North ` half of the Southwest quarter of the Northeast quarter of Sect:r+n 36, Township 20 North, Range 5 East, M.D.B.&M, f^ 1 PA y I)uuvl ".5- ,..1 9 G'112/14 _ STA'TF:OF CA�MOIINIA ` 11 ` ss. t OIXI'Y uF,_. 9n'7.R .:.__. .S R.__... .._._.... .. .. _. .._.......... lIn !�../�/K.j. •.!�T�.. _4444 IwLnr u....der ander- .ipgrd,n N.•-urr 1'ah1ir in and for.aid Sm.,prr•.nrillp apprui.l n 4444_...__4444 .. ..--•---........_. .. ..I;.n.wn I..n.r .,�.�_,.. . .. •.:,_•: - G� Io I.Ibr pr•r..m__...who..•oanrr _L_%_.uh..n il..•d L•Ihr weld„ 4444 UPFIIa AI,)•{;AL Q in.Irinn i and A.iu 1rdped Ibal_._ll_C•:.___rrrrulrvl16r.nnu. J LCL!;%i. A. 57;1°LAGER mY•. NOTARI PUBLIC•CALIfORNW m 4: K'I'1'NESS mr Land-J.466.1 j ?... 4� • �ipnaturc /4.^tl __14:4''6_'&:-''�(_��/`F.'`J- �:�'.v��'..•�c�vc.� � ' L NAnu•0'yprA or 1'IiutrJl . /f a rvnod hr u Gapu,mhm the Carpuration Farm uJ ArknowlrvlRmrnt most he used. •^••.•.•�."•an.r o-...�d..n Tilly Order Nn. _ 44 44.. Esi-niw ar I—ii Ni- , ;M,, r4p0 CLIMENI _._.. S MAIL TAX STATEMENTS AS DIRECTED ASOVE , • � F i� 100 to Cl 1, Ilrq! q S Qo _265.08 460 w e e♦,` a \�llJ Ck- 10 V O r Q A � N � O n v j BUTTE - COIINTY — N 1 ® 4Q . a • e)EVE]LOPMENT S1�'ikVICES �© . l/{ n .�.,' r:vimy.: ":}, ♦ti H a r` c I♦ A y W Qd 0tA pIn �eY an C 4 A ® o Y • nJR 1.42�.w`O -!o♦.•Cb (1 CA O h � � p e �. JtR K.tA ♦ ®a ,♦ �. y �, tb " -his map may or may not be a survey of the land depicted..." . :iereon. You should not rel upon it,fo ♦a n Y P y purpose":ofh 'r v han orientation to the general location Lhe parcel cels depicted, Mid Valley Title and Escrow Com an.Y,.ic" v. .P.ressly disclaims any liability for alleged loss or cl-:a,;e `,`rich r, result from reliance upon this map. 5002 0 1 Nnr C� AINUO3 I�� k f ' Cl� - _ _ 0071 —aiO- 0(o 1, RECORDING REQUESTED BY WHEN RECORDED MAIL TO.: 93-0057451 Rec Fee 14. 00 I Check 14. 00 DEPARTMENT OF WATER RESOURCES Recorded I Division of Land and Right of Way Official Records I Real Estate Branch County 'o f I 1416 9th Street, Room 431 Butte I Sacramento, California 95814 Candace J.' Grubbs I Recorder I 8:02am 9-Feb-93 I PUBL MD 4 OROVILLE DIVISION DIRECTOR'S Project CRAIG .RECREATION ACCESS ROAD EASEMENT DEED Parcel No. JRV-S2:-F The STATE OF CALIFORNIA, acting by and through its Director of Water Resources, grants to David and Marcia Messenger a NONEXCLUSIVE EASEMENT for ingress and egress upon, over, and across chit real property in the County of Butte , State of California, identified in the records of the Department of Water Resources as: DWR Parcel No. Area Estate ORO-529-F - Permanent Road Easement described as follows: RECEIVED FEB 191993 + Dept.of Water Resources Div.of land and Right of Wa+ Reel C . (In the event of any discrepancy between the above identification and the real property described herein, the real property described will control.) DWR 552-CP (Rev. 1/92) Page 1 G. N093 - 05745 PROVIDED, HOWEVER, that this grant of easement by State is made under and subject to the following reservations, exceptions, limitations, covenants, and conditions which the Grantee by the acceptance of said easement consents to and accepts: 1. This grant is subject to all valid and existing contracts, leases, licenses, easements, encumbrances, and claims of title which may affect said property and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. 2. The Grantee agrees to save harmless and indemnify the State, its officers, agents, and employees, from any and all loss, damage, and liability which may be suffered or incurred by the State, its officers, agents, and employees caused by, arising out of, or in any way connected with the use by Grantee of said real property or the exercise of said easement, except claims arising solely out of negligent acts of the State. 3. State expressly reserves the right to the use of said real -property, in any manner, provided such use does not unreasonably interfere with the use of the easement herein granted. 4. This easement shall terminate in the event the Grantee, at any time during the existence hereof, fails for a period of one year to use and maintain the said easement for the purposes herein granted. 5. In the event of termination of this grant, Grantee shall, if requested by the State, and without expense to State, and within 90 days from such time as State may notify Grantee, remove all property and equipment placed by or for the Grantee upon said property and restore said grounds as nearly as possible to the same state and condition they were in prior to the execution of said easement. In the event Grantee should fail, neglect or refuse to restore the premises in accordance with such request, the State may do so at the risk of Grantee, and all cost and expense of such removal and restoration shall be paid by the Grantee upon demand. 6. Upon termination of the rights hereby granted, Grantee shall execute and deliver to the State within 30 days after service of written demand therefor a good and sufficient quitclaim deed to the rights arising hereunder. Should Grantee fail or refuse to deliver to State a quitclaim deed, as aforesaid, a written notice by the State reciting the failure or refusal of the Grantee to execute and deliver said quitclaim deed, as herein provided, and reciting the fact of termintion of said grant, upon recordation of such notice shall be conclusive evidence against Grantee and all persons claiming under Grantee of the termination of said grant. 7. State expressly reserves the right to require Grantee, at the expense of State, to move and relocate said installation upon determination by State that said installation interferes with the future improvement of the State's lands and that such relocation is necessary to protect the principal use by State of said real property. Grantee agrees that within one year after written notice from State of such determination by State and demand for removal and relocation of said installation, Grantee shall remove and relocate said installation to a feasible location on the property of the State, and State shall furnish Grantee with a good and sufficient easement for said installation in such new location, and Grantee thereupon shall reconvey to State the easement herein granted. J J U v v ORO-529-E All that portion of the Northeast quarter of Section 35 and the North half of Section 36, Township 20 North, Range 5 East, M.D.M. , and the Westerly half of, Section 31, Township 20 North, Range 6 East, M.D.M. , Butte County, State of California, described as follows: A right of. way for ingress and egress, over, through, and across an existing unimproved road, commonly referred to as "Craig Recreation Access Road", extending in a Northerly and Westerly direction from Lumpkin Road in said Section 31, said access road is described as UNIT A and/or UNIT B in the following listed documents recorded in books of Official Records of Butte County, State of California: LISTED DOCUMENTS Official Records Filed Book Page Recorded Document Unit DWR R/W Map 1542 62 11-07-68 58801 A 06026-04-43 1526 265 07-22-68 51883 A & B 06026-04-43 1525 492 07-18-68 51555 A 06025-04-42 1522 140 06-20-68 50054 A 06025-04-42 1576 432 07-03-69 73724 A 06025-04-42 1580 526 08-25-69 75812 A 06025-04-42 1580 499 08-11-69 75797 A 06025-04-42 1582 192 09-02-69 76646 A 06025-04-42 1581 653 08-29-69 76484 A 06025-04-42 1558 283 03-17-69 65874 A 06025-04-42 1539 480 10-18-68 57773 A 06025-04-42 1565 255 05-06-69 68813 A 06025-04-42 This Director's Easement Deed is given on the basis that maintenance of the above described existing unimproved dirt road shall not be the responsibility of the State, and the State has no obligation to improve said road. By accepting the rights granted by this Director's Easement Deed the Grantees and their successors .agree to indemnify and hold harmless the State and the Department of Water Resources from any claims of death, personal injury, or property damage arising out of the exercise of the rights herein granted. Sip%,AN D AR D `0 N16. 3342/�� Li �F CA1.����� -2- JJ ' UJ14J 7 1 I Subject to special assessments, if any, restrictions, reservations, and easements of record. The Director of Water Resources has determined that the said right was acquired for State water development uses or purposes and the T`7�herein granted are not inconsistent with the State's water development uses or purposes. The convey is uted pursuant to the authority vested in the Director of Water Resources by law. Dated ' �' , 19 STATE OF CALIFORNIA DEP TMENT OF WATER SOURCES r Chief, Property Manageme Branch Division of Land and Right of Way Acting for Lti-- DIRECTOR OF WATER RESOURCES 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of OPTIONAL SECTION �n $ CAPACITY CLAIMED BY SIGNER County of �iYf1A"'mow`"' Though statute does not require the Notary to fill in the data below, doing so may prove v, invaluable to persons relying on the document. On 3 lq before me, � , C INDIVIDUAL ATE NAM . I LE OF OFFICE .-JANE DOE. Y PUBLIC" ❑CORPORATE OFFICER(S) personally appeared NAME(S)OF s ERis) TITLE(S) personally known to me -OR-❑ proved to me on the basis of satisfactory evidence E] PARTNER(S) ❑ LIMITED to be the personal whose nameW is/afe [:] GENERAL subscribed to the within instrument and ac- ®ATTORNEY-IN-FACT knowledged to me that he/s4@A iey executed ❑TRUSTEE(S) the same in his/4e"I44e+f authorized ❑GUARDIAN/CONSERVATOR capacitypa.&), and that by his/4a4th44 signature(%) on the instrument the personal, ❑OTHER: •"""""""""'""""'; or the entity upon behalf of which the MARY HANEY comm.x9eae17 H person fo acted, executed the instrument. N NOTARY PUBLIC N SIGNER IS REPRESENTING: N SACRAMENTO COUNTY,CAt.liORMIA NAME OF PERSON(S)OR ENTITY(IES) My Comraalon Expfts�,2 r� WITNES$ my hand and official seal. �............................♦ i S GNATURE OV46TANY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE'tIR TYPE OF DOCUMENT.� h l f'n e�rvc¢� .t Hata' THE DOCUMENT DESCRIBED AT RIGHT: NUM_ BER OF PAGES_ DATE OF DOCUMENT x13193 Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ONO AC DOCUMENT x1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184 'PAWNING CO'MISSION SUMMARY T AP"PhFL�7 NT: CPAIb-:` 00PF.T0W\' R T?Cr 5I?FA ADAR"SS: _ dNTNF:R: Various' _Y TYPE OF APPLICATIOi#: l Rez:,nc from' '` _ _r^'`C, P=n, C-1, It-C, C.-F, FR-10, FR-20, ' FP.-an, I'R-11n. :LQC4TI.O*-:• for the area located between the south fork and the middle fork of Lake Oroville and west 'of the town of. Feather Falls. AP. NO. Various �',�r."":r,t'._t ��i5� <r,. 1'k.��� ?ru .•:e. ;!j7 PRESENT ZONING: A-2 DATE APPLICATION RECEIVE!): DATE NOTICES MIAILED: 12 %^ :ii: 620 FIRST HEARVNIG: SECOND HEARING: ADDITIONAL (TEARING: _ ZONING PETITION SIGNATURL•S FLP<CENTAM (� COMMISSION ACTION: BOARD ACTION: , a — f � ���t:�u.<.e c�`tom � if/�YJ C _•``_ '�? ORDINANCE A;:OPT D: •� ��__`: __����v CW!ENTS: COUN'T'Y 11 IN 10 2005 :-StilVICES• -r.�C •,°✓� •�` mv , a '*r �i: � t':"-;" � ski ::' :'v:• t�. .yi,° ili s : FILE COPY 3 RESOLUTION 05-12 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION 05-10 WHEREAS, the Planning Commission has considered Legal Lot Determination 05-10 for David and Marcia Messenger, in accordance with Chapter 20, Section 160;Article VII, Violations and Certificate of Compliance,of the Butte County Code on Assessor's Parcel Number 071-290-061; and WHEREAS, the Planning Commission has determined a Conditional Certificate of Compliance as categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said Conditional Certificate of Compliance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on December 8, 2005; and WHEREAS,the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE,BE IT RESOLVED, that the Planning Commission: I. Finds this project is Categorically exempt from environmental review under the General Rule exemption Section 15061(b)(3). This section states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. A. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following Conditional Certificate of Compliance findings: A. The parcel was created by deed on February 7, 1972,prior to requirements of a map per the Subdivision Map Act (March 3, 1972). B. The parcel size of 2.69 U acres was in conformance with the Butte County General Plan land use designation and zoning at the time of creation. III. Approves Conditional Certificate of Compliance 05-10 with the conditions as set forth in the attachment(Exhibit A)to the resolution. 1 i i i i i Y l DULY PASSED AND ADOPTED this 8`" day of December, 2005, by the following vote: AYES: Commissioners Leland, Lambert,Nelson, Wilson, and Chairman Marin NOES: No one ABSENT:. No one ABSTAIN: No one FERNANDO MARIN, Chairman Planning Commission County of Butte, State of California ATTEST: L RICHARDSON, Secretary Planning Commission County of Butte, State of California 2 EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 071-290-061,DET 05-10 I. CONDITIONS OF APPROVAL: . 1. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded.The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is$10.00 without conditions,$13.00 with conditions. This cost estimate is based on 1 page notification(first sheet), 1 page of legal description attached as Exhibit"A", and 1 page of conditions attached as Exhibit`B". 2. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in County Code. . 3. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum Easement width to be 60 feet. 4. Place the following informational note on the Certificate of Compliance:"All new structures must meet Fire Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291. County Counsel 1. If this entire matter or any finding,action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees to defend,indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed,this condition is deemed satisfied. 3 Butte County.Department ofDevelopment Services °�%1 T TF° PLANNING DIVISION ° ° 7 County Center Drive ° ° Oroville, CA 95965 0 _ __'-tea- o (530) 538-7601 Telephone °C- = y° (530) 538-7785 Facsimile OUR ADMINISTRATION * BUILDING * PLANNING December 9;2005 David and Marcia Messenger P.O. Box 612 Penn Valley, CA 95946 Re: Legal Lot Determination, DET 05-10, AP: 071-290-061 Dear Mr. and Mrs. Messenger: At the regular meeting of the Butte County Planning Commission held December 8, 2005, your request for a Legal Lot Determination for a 2.69 acre parcel created by deed,on property zoned,FR- 5, (Foothill Recreational, 5-acre parcels), was approved subject to the conditions listed on the enclosures. The property is located on the east side of Chinook Way,approximately 1,350 feet south of Craig Access Road in the Oroville area. There is a fifteen-day appeal period before this certificate can be recorded unless you sign and return the enclosed waiver waiving your right to appeal the Commission's decision If the condition is cleared prior to the end of the appeal period, a"clean" certificate with no conditions will be recorded. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing prior to 5:00 p.m., Friday, December 23, 2005 to the Clerk of the Board of.Supervisors. The appeal fee of$50.00 must be paid at that time. Should you have any questions regarding this matter,please contact Mark Michelena at 538-7153 between 8:00 a.m. and 4:00 p.m,, Monday through Friday. Sincerely, Lynn Richardson Commission Clerk Cc: Land Development Bletters\merge.letters\APPRCATUP Aot EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 071-290-061,DET 05-10 I. CONDITIONS OF APPROVAL: 1. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded.The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is$10.00 without conditions,$13.00 with conditions. This cost estimate is based on 1 page notification (first sheet), 1 page of legal description attached as Exhibit"A", and 1 page of conditions attached as Exhibit `B". 2. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in County Code. 3. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum Easement width to be 60 feet. 4. Place the following informational note on the Certificate of Compliance:"All new structures must meet Fire Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291. County Counsel 1. If this entire matter or any finding,action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. 3 i COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 530-538-7601 TO WHOM IT MAY CONCERN: I have been informed of my right to appeal the decision by the Planning Commission to the Butte County Board of Supervisors,concerning the issuance of a Certificate of Compliance. I hereby waive my right to appeal the Certificate of Compliance for AP 071-290-061,DET 05-10. APPLICANT/OWNER DATE -/ \�-;- r i 0 all \( \� Project Location 01 ' -' FR 5 ec _e_r W I� (wail Point Ln _ +\r l TM Lake Orouille 870 435 0 870 1,740 2,610 3,480 4,350 5,220 6,090 6,960 7,830 Feet N BUTTE COUNTY PLANNING COMMISSION W E Applicant: David& Marcia Messenger Owner: Same Hearin Date: December 8,2005 @ 9:00 a.m. Existing Zone:FR-5(Foothill Recreational,5 acre min.) Supervisorial Request: Legal Lot Determination for a Conditional Certificate of Compliance. District Supervisorial Assessor Parcel No: 071-290-061 File: DET 05-10 Butte County Departrnent ofDevelopment Services U.T T � F PLANNING DIVISION o 0 7 County Center Drive ; c Oroville, CA 95965 .o - o (530)538-7601 Telephone (530)538-7785 Facsimile cOUN'�y ADMINISTRATION * BUILDING * PLANNING November 29, 2005 David and Marcia Messenger P.O. Box 612 Penn Valley, CA '95946 Re: DET 05-10, AP: 071-290-061 Dear Mr. and Mrs. Messenger: Enclosed is a copy of the Agenda Report concerning your application for a A legal lot determination for a 2.69 acre parcel created by deed on property zoned FR-5 (Foothill Recreational, 5-acre parcels) and located on the east side of Chinook Way, approximately 1,350 feet south of Craig Access Road in the Oroville area. Should you have any concerns with the report or conditions of approval,please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for December 8, 2005,at 9:00 a.m. This meeting will be held in the Board i of Supervisors' Room, 25 County Center Drive, Oroville, California. j 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. Should you have any questions regarding this matter, please contact Mark Michelena of this office at 538-7153, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, 6Richardson Commission Clerk Enc. cc: Environmental Health Land Development KAetters\merge letters\SCHEDULE.dot BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT —December 8, 2005 Applicant: David and Marcia Messenger Location: On the east side of Chinook Way, approximately 1,350 feet south of Craig Access Road, Feather Falls File#: DET 05-10 Supervisor District: 1 Request: Legal Lot Determination/ Project Mark Michelena Conditional Certificate of Planner: Senior Planner Compliance G.P.: AR(Agricultural Residential) Zone Date March 4, 1980 Zoning: FR-5 (Foothill Recreational—5 Parcel Size: 2.69 acres( acre minimum) APN: 071-290-061 Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map C: Grant Deed(2/7/72) D: Board Amendment Order 346 E: Dept. of Water Resources ingress/egress easement deed STAFF COMMENTS: Staff recommends approval of this request for a Legal Lot Determination/Conditional Certificate of Compliance with findings and conditions. ANALYSIS: • The project parcel (APN 071-290-061) was created by Grant Deed and recorded in the Official Records (Book 1734, Page 256) of Butte County on February 7, 1972. • The project parcel is currently undeveloped. • Determination for consistency with Zoning and General Plan was based on date of creation of the parcels. • Zoning at the time of creation was A-2. The size of the parcel was consistent with the zoning requirements (8,125 square feet) at the time of creation. ■Butte County Department of Development Services ■ ■December 8,2005 ■Agenda Report—Messenger DET 05-10 ■Page 1 of 8 ■ • The Butte County Land Use Plan designation that existed at the time of parcel creation was Timber-Mountainous Terrain. No minimum parcel size identified. The size of the project parcel was consistent with the General Plan. • Access for the parcel is on Chinook Way, a private road, from Craig Access Way, a state maintained road for ingress/egress for existing parcels. • The Board of Supervisors (per Board Amendment Order 346 — February 27, 1979) recognized Craig Access Road as an approved non-county maintained access. • The applicant provided documentation from the State Department of Water Resources Division of Parks and Recreation allowing the use of Craig Access Road as access to the parcel. • The Department of Public Works is requiring that two-way traversable access is provided to a publicly or state highway as defined in code and that approved access to the parcel from a publicly maintained road or state highway in accordance with County Code. • The California Department of Forestry/Butte County Fire Department recommends that the following informational note be placed on the Certificate of Compliance"All new structures must meet Fire Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291." Note that adherence to this requirement is met at building permit stage. • Butte County Environmental Health Department reviewed the project and had no conditions. CEQA ISSUES: This project has been determined to be exempt from the California Environmental Quality Act (CEQA)provisions under the General Rule exemption Section 15061(b)(3). ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission adopt the attached Resolution with Exhibit A. K:\Planning\PROJECTSOETVv[ESSENGER DET.05-10\Messenger DET 05-10 Agenda Report.doc ■Butte County Department of Development Services■ ■December 8,2005 ■Agenda Report—Messenger DET 05-10 ■Page 2 of 8 ■ : ..:...:.:. ''*"*. ......... . .. .... ...... ... . : . .:::. :... ........... : :. ..... :;;ter.....•; ::. • S. ... ..... . ...:.. ...........: :......• �,...... :, J' ' .:Craig.Access' . d "::: :.� . '. �_ ::...............:., :: . ......:.. .... ..........: ::- ::...'..._.. ........ 1 Chmook.Way -- senger :. : . - .... :............. -�� :- R 71 :...... - . : . q 290-061 -� :. . _ .: , ...... . .' .: Lum p kin Rd : . _.:.....:. Location Map ■Butte County Department of Development Services■ ■December 8,2005 ■Agenda Report—Messenger DET 05-10 ■Page 3 of 8 ■ i, -7 fJ i T-T , LU i Craig Access Rd r' Chinook.Way Messenger — -- -- DET 05-10 A R 071-290-061 LUMpkin...Rd El Surrounding Certificate of Compliance Parcels 4 ■Butte County Department of Development Services ■ s December 8,2005 ■Agenda Report—Messenger DET 05-10 ■Page 4 of 8 ■ ' '+ -as' � `ter - - - ; y.� . � S"�-ft:'' .�•. ay vS y o � �$ ,,• � � �; Craig A .: ccess Rd J Chinook Way r Gin, zk' S T Messenger ►# oil DET 05-10 071-290-061 a Butte County Department of Development Services o o December 8,2005 a Agenda Report—Messenger DET 05-10 o Page 5 of 8 0 RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION 05-10 WHEREAS, the Planning Commission has considered Legal Lot Determination 05-10 for David and Marcia Messenger, in accordance with Chapter 20, Section 160; Article VII, Violations and Certificate of Compliance,of the Butte County Code on Assessor's Parcel Number 071-290-061; and WHEREAS,. the Planning Commission has determined a Conditional Certificate of Compliance as categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said Conditional Certificate of Compliance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on December 8, 2005; and WHEREAS,the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is Categorically exempt from environmental review under the General Rule exemption Section 15061(b)(3). This section states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. A. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. 11. Makes the following Conditional Certificate of Compliance findings: A. The parcel was created by deed on February 7, 1972,prior to requirements of a map per the Subdivision Map Act(March 3, 1972). B. The parcel size of 2.69 (±) acres was in conformance with the Butte County General Plan land use designation and zoning at the time of creation. III. Approves Conditional Certificate of Compliance 05-10 with the conditions as set forth in the attachment(Exhibit A)to the resolution. ■Butte County Department of Development Services ■ ■December 8,2005 ■Agenda Report—Messenger DET 05-10 ■Page 6 of 8 ■ - DULY PASSED AND ADOPTED this 8"' day of December, 2005, by the following vote: AYES: . . NOES: ABSENT: ABSTAIN: FERNANDO MAR1N, Chairman Planning Commission County of Butte, State of California ATTEST: LYNN RICHARDSON, Secretary Planning Commission County of Butte, State of California ■Butte County Department of Development Services■ ■December 8,2005 ■Agenda Report—Messenger DET 05-10 ■Page 7 of 8 ■ EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 071-290-061,DET 05-10 I. CONDITIONS OF APPROVAL: 1. Pay the recording fee in effect at the time the Conditional Certificate of Compliance is recorded.The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is$10.00 without conditions,$13.00 with conditions. This cost estimate is based on 1 page notification (first sheet), 1 page of legal description attached as Exhibit"A", and 1 page of conditions attached as Exhibit"B". 2. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in County Code. 3.. Provide approved access to-the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum Easement width to be 60 feet. 4. Place the following informational note on the Certificate of Compliance:"All,new structures must meet Fire Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291. Couply Counsel 1. If this entire matter or any finding,action or condition of this matter is appealed to the Board of Supervisors,the applicant or any other developer/operator other than the applicant agrees to defend, indemnify and hold the County of Butte harmless from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Boards appeal hearing. If the application is not appealed, this condition is deemed satisfied. i ■Butte County Department of Development Services■ ■December 8,2005 ■Agenda Report—Messenger DET 05-10 ■Page 8 of 8 ■ t. y b '\ BUTTE COUNTY i I When recorded return & mail tax statements to: Carl W. I,.nwhend 141180 Sandy Lane GRANT DEED (Individual) San ,insc, Cu 951124 a I TAX\ PA f ai I For value received ( WILLIAM C. IIAV1:1{ and I{(>131::I{'I'A .I, HAV[-At, hiy \+•ifc GRAN'r.. ...........to ('At([. W. all tlutt reed properly nilunle fn the unlnt:rtrino•olrd are:n County(i( Ituttr` SUdc of Culifnrnin,daxcribrd it.,fnllo+ex: :� t rr1111 ) ( � t 1 h.,•I The Seoul. half of the West 35f .reel of the East 1065 feet of the North half of 1)IC South\Vest quarter of the.Northeast quarte i• of Section 36, 'Township 20 North, Hinge Ci L:asl, M.D,[3,R14. RESERVING and TOGETHER WITH a right of way for road and public utility purposes over a strip of land 60 feet in width lying 30 feet on each side of the following described line: BEGINNING at the Southeast corner of the North half of the Southwest quarter of the Northeast quarter of said Section 36; thence blest along . the South line of said North half of the Southwest quarter of the Northeast quarter of said Section a distance of 1065 feet; thence North and parallel with said East line a distance of 660 feet, more or ` less, to the South line of the Northwest quarter of the Fortheast quarter of said Section 36; thence East along said South line a distance of 90 feet; thence North and parallel with. the East line of said Northwest quarter of the Northeast quarter 700 feet, m( re or less, to the Southerly line of that certain road known as Craig Park Road as described in y Deed to the State of California, dated May 17, 1966 and recorded July 30, • 1969 in Book 1576 of Butte County Official Records, at page 432 and the kind of said line. ALSO TOGETHER WITH a right of way for road and public utility purposes over a strip of land 60 feet in width lying 30 feet on each side of the following described line: BEGINNING at a point on the South line of said Northwest quarter of the Northeast quarter of said Section 36, from which the Southeast corner thereof bears East, 335 feet distnnt.; thence front said point of beginning, ?. North and parallel with the East line of said Northwest quarter of the Northeast quarter a distance of 950 feet, more or lnss, to the South line of that certain. road known as Craig Park Road as described in Deed to the State of California, dated May 17, 1966 and recorded July 30, i' 1969 in Book 1576 of Butte County Official Records, at pate 432 and the end of said line. February..7.......................... In..�?..... liked ............................... c }ll:.�...:.................... ...... ................................... .. STATE OFCALIFORNIA .,.Lc.......111.'.,.!z.......,........................................... ............................County of ..........Butte.... .) ............... ........... nn........F9.ltiu0'y.....7........ .....f—72 � to-litremtlB r,..... .Se.h...3.r....Stella............n.\•nrnry P0,11, ror 11rrunlwr'tt Use nni.% II In nod Jur Hold Counhl and state.perannallll apprarr•d..... �I William C. Haver and Roberta .T, Haver " ) . .................................................... ........... ... ... OROVILLE TITLE CO PINY t known to ntr fn hr thr Irrann.8ug,oHr namr..9 are;uh• Fta scrlh�•tl to the wn within instrument•and arkno•frdm y.rl to r that LIrrulrrl the Hittite. �//•\/T��� I q 1 I 1 .. ...�.... .. .........r... ... ............ .. I OFfCK !NL .tint. rrplr v w .8M.}M&441T On 22502 ' MOTrar rupuc•CMIh104A \Ppt.Kn........................ .. .......... tum( _•.�®� _ mMBrW HaW Mr.to IRl P i 346 .' RECOGNIZE CRAIG ACCESS ROAD AS APPROVED- NON-COUNTY MAINTAINED ACCESS Clay Castleberry, public works director, set out the background ' Of the reason for the need to recognize Craig access road as a non-county ; maintained access .road. This is state recreational property. The state acquired the right-of-way to the state recreational property. Over the years many parcels have been created her. The county has approved some land divisions using some of the approved roads. . There have been people coming to the Board asking for approval of access. The Craig access road is a better road than those approved for access to. d.edelopruent. When a building permit is issued it is necessary to show access to a county road. Discussion open to the public. Appearing: Leslie Steidl. I Ms. Steidl asked that the Board delay any decision on this matter.. . She has talked with Mr. Harold Bradshaw, Department of Parks -and Recreation. He did not -feel that the state had been legally contacted regarding this matter. The stat's position is that the road exists now as egress and . ingress for state parks and the current residents on already approved parcels for implied access rights to the road. However,- the state feels these are the only people who have the right to travel the road.. Ms. Steidl stated that the area is now under study regarding the zoning. She felt that the decision should be delayed until after the zoning considerations have been completed. Under the proposed zoning there would' be few new parcels, five acre minimum. Matter .closed to thR_Rublic. BUTTE%COUNTY BOARD OF SUPERVISORS.MINUTES - Februa ry: 2-7.,.,.1979 .. - - - - - - - - - - - - - 79- Supervisor Winston stated that the Board passed an ordinance i describing access requirements. This was the first time that. traversable 1 access was defined. It is up to the property owner to prove they have traversable access. . The Craig access road is a state road and any attempt on the part of the state to give it to the county will be met with resist- ance. This matter was brought up because of' a property owner who has asked that the Board acknowledge that Craig assess road is a traversable access. It meets the criteria. for the requirements of traversable access. It will be on the burden of the property owners to get written aces.s agreements with the state and the property owner was asked to replace the three-ton bridge and enter into a maintenance agreement. He felt that the requirements were quite clear. He did not feel that this matter had anything to do with the zoning:proposal. Mr. Castleberry stated that most of the parcels in -the area. have access through rights-of-way. Today a property owner could come in and apply for a parcel split if he met the zoning and show proof of a right-cf-way down to a county road. This road is. in better shape than most of the roads. It is a convenience to those in the area to i legally use what they are using. anyway. The state did -do extensive work on the Craig access road. Supervisor Dolan felt that if there was no urgency in approving this, the people have asked that this be delayed until after the zoning. She felt that the Board should delay the matter. On motion of Supervisor Winston, seconded by .Supervisor Wheeler and carried, Craig a=ess road was recognized as a non-county maintained access providing the conditions set forth by the Director of Public Works is met, namely, that the county recognize Craig access road providing written permission be obtained from the state to use the right-of-way, a road maintenance association agreement be recorded and signed. to the satisfaction of the Department of Public Works and further that the present three-ton limited small bridge be replaced in accordance-with the Deparment of Public Works requirements and none of the cost at any time to be from the County 1 of Butte. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: 93-0057451 Rec Fee 14. 00 Check 14. 00 DEPARTMENT OF WATER RESOURCES Recorded I Division of Land and Right of Way Official Records 1 Real Estate Branch County of I 1416 9th Street, Room 431 Butte I Sacramento, California 95814 Candace J. Grubbs I Recorder I 8:02am 9-Feb-93 I PUBL MD 4 OROVILLE DIVISION DIRECTOR'S Project CRAIG RECREATION ACCESS ROAD EASEMENT DEED Parcel No. ORO-52:-F The STATE OF CALIFORNIA, acting by and through its Director of Water Resources, grants to David and Marcia Messenger a NONEXCLUSIVE EASEMENT for ingress and egress upon, over, and across that real property in the County of Butte , State of California, identified in the records of the Department of Water Resources as: DWF Parcel No. Area Estate ORO-529-F - Permanent Road Easement described as follows: RECEIVED FEB 191993 Dept,of Watot Re:aurt I Div.of land and RiOt of WO' Re„1 e ' ^ (In the event of any discrepancy between the above identification and the real property described herein, the real property described will control.) DWR 552-CP (Rev. 1/92) Page I 93 - 05745 PROVIDED, HOWEVER, that this grant of easement by State is made under and subject to the following reservations, exceptions, limitations, covenants, and conditions which the Grantee by the acceptance of said easement consents to and accepts: 1. This grant is subject to all valid and existing contracts, leases, licenses, easements, encumbrances, and claims of title which may affect said property and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. 2. The Grantee agrees to save harmless and indemnify the State, its officers, agents, and employees, from any and all loss, damage, and liability which may be suffered or incurred by the State, its officers, agents, and employees caused by, arising out of, or in any way connected with the use by Grantee of said real property or the exercise of said easement, except claims arising solely out of negligent acts of the State. 3. State expressly reserves the right to the use of said real -property, in any manner, provided such use does not unreasonably interfere with the use of the easement herein granted. 4. This easement shall terminate in the event the Grantee, at any time during the existence hereof, fails for a period of one year to use and maintain the said easement for the purposes herein granted. 5. In the event of termination of this grant, Grantee shall, if requested by the State, and without expense to State, and within 90 days from such time as State may notify Grantee, remove all property and equipment placed by or for the Grantee upon said property and restore said grounds as nearly as possible to the same state and condition they were in prior to the execution of said easement. In the event Grantee should fail, neglect or refuse to restore the premises in accordance with such request, the State may do so at the risk of Grantee, and all cost and expense of such removal and restoration shall be paid by the Grantee upon demand. 6. Upon termination of the rights hereby granted, Grantee shall execute and deliver to the State within 30 days after service of written demand therefor a good and sufficient quitclaim deed to the rights arising hereunder. Should Grantee fail or refuse to deliver to State a quitclaim deed, as aforesaid, a written notice by the State reciting the failure or refusal of the Grantee to execute and deliver said quitclaim deed, as herein provided, and reciting the fact of termintion of said grant, upon recordation of such notice shall be conclusive evidence against Grantee and all persons claiming under Grantee of the termination of said grant. 7. State expressly reserves the right to require Grantee, at the expense of State, to move and relocate said installation upon determination by State that said installation interferes with the future improvement of the State's lands and that such relocation is necessary to protect the principal use by State of said real property. Grantee agrees that within one year after written notice from State of such determination by State and demand for removal and relocation of said installation, Grantee shall remove and relocate said installation to a feasible location on the property of the State, and State, shall furnish Grantee with a good and sufficient easement for said installation in such new location, and Grantee thereupon shall reconvey to State the easement herein granted. J J U 'd ORO-529-E All that portion of the Northeast quarter of Section 35 and the North half of Section 36, Township 20 North, Range 5 East, M.D.M. , and the Westerly half of Section 31, Township 20 North, Range '6 East, M.D.M. , Butte County, State of California, described as follows: A right of. way for ingress and egress, over, through, and across an existing unimproved road, commonly referred to as "Craig Recreation Access Road", extending in a Northerly and Westerly direction from Lumpkin Road in said Section 31, said access road is described as UNIT A and/or UNIT B in the following listed documents recorded in books of Official Records of Butte County, State of California: LISTED DOCUMENTS Official Records Filed Book Page Recorded Document Unit DWR R/W Map -1542 62 11-07-68 58801 A 06026-04-43 1526 265 07-22-68 51883 A & B 06026-04-43 1525 492 07-18-68 51555 A 06025-04-42 1522 140 06-20-68 50054 A 06025-04-42 1576 432 07-03-69 73724 A 06025-04-42 1580 526 08-25-69 75812 A 06025-04-42 1580 499 08-11-69 75797 A 06025-04-42 1582 192 09-02-69 76646 A 06025-04-42 1581 653 08-29-69 76484 A 06025-04-42 1558. 283 03-17-69 65874 A 06025-04-42 1539 480 10-18-68 57773 A 06025-04-42 1565 255 05-06-69 68813 A 06025-04-42 This Director's Easement Deed is given on the basis that maintenance of the above described existing unimproved dirt road shall not be the responsibility of the State, and the State has no obligation to improve said road. By accepting the rights granted by this Director's Easement Deed the Grantees and their successors agree to indemnify and hold harmless the State and the Department of Water Resources from any claims of death, personal injury, .or property damage arising out of the exercise of the rights herein granted. %-AN D SUR` ARD 10a 90 f\!o. 3342/�� s ov �@ OF CA1.1F��� -2- � J.— U J 1 4 J ? Subject to special assessments, if any, restrictions, reservations, and easements of record. The Director of Water Resources has determined that the said right was acquired for State water development uses or purposes and the herein granted are not inconsistent with the State's water development uses or purposes. The convey is uted pursuant to the authority vested in the Director of Water Resources by law. Dated ' , 19 /7 r/ STATE OF CALIFORNIA DEPARTMENT OF WATER SOURCES 7Branch Chief, Property Manage Division of Land and Right of Way Acting for 'he DIRECTOR OF WATER RESOURCES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of OPTIONAL SECTION ,�Q CAPACITY CLAIMED BY SIGNER County of �Q � Though statute does not require the Notary to fill in the data below, doing so may prove ! invaluable to persons relying on the document. On 3 before me, `� E] INDIVIDUAL ATE NAM . I LE OF OFFICE"'G/.'JANE DOE. Y PUBLIC" CORPORATE OFFICER(S) personally appeared NAME(S)OF sr ER(S) TITLE(S) personally known to me-OR -❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the person*4 whose nameW is/a#& ❑ GENERAL subscribed to the within instrument and ac- ®ATTORNEY-IN-FACT knowledged to me that he/s4eA4&y executed ❑TRUSTEE(S) the same in his/herf*Ite authorized ❑GUARDIAN/CONSERVATOR capacity4o.&), and that by his/4a;A4&i; signature(&) on the instrument the person(&), OTHER: •"""""" "-�-- ""; or the entity on behalf of which the MARY HANEY y u p comm. ? person(ej acted, executed the instrument. N NOTARY PUB'tC SIGNER IS REPRESENTING: SACROEMTO COUNTY,CALIFORNIA NAME OF PERSON(S)OR ENTITY(IES) WITNESS my hand and official seal. bty Commisaan txp+res,kdy 2,19si6 , . _ttL- i S GNATURE OV45TXRY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLEOR TYPE OF DOCUMENT, f r ei Mdu- DOG( THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES .? DATE OF DOCUMENT x13193 Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNERS)OTHER THAN NAMED ABOVE =NO AC DOCUMENT Iti ENT @1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309.7184 VICINITY MAP IN tw R.,IiII Rd Lake Project Location I"rl L M. YandotV r t It is Flat S e. DET 05-10 071-290-061 0-7 X11 ' 1/ FR;10 i ml 1.0 I \ i . Project Location 11 FR-5 1 ec er W - -- -- -- -- - -- - ii � / a �•� ii Quail Point Ln FR-10 l `\`/1 \R=C, Lake Orouille 870 435 0 870 1,740 2,610 3,480 4,350 5,220 6,090 6,960 7,830 Feet N BUTTE COUNTY PLANNING COMMISSION W E Applicant: David&Marcia Messenger Owner: Same Hearin Date: December 8,2005 @ 9:00 a.m. Existing Zone:FR-5(Foothill Recreational,5 acre min.) S Request: Legal Lot Determination for a Conditional Certificate of Compliance. Supervisorial District#I Assessor Parcel No: 071-290-061 File: DET 05-10 APPENDIX A - NOTICE OF EXEMPTION 14 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 I _ X County Clerk County of Butte 25 County Center Drive I` I' Oroville, CA 95965 DEC 3 20 05 ] E CJ.GS. U'f f CLERK � Project Title: Legal Lot Determination, DET 05-10 . —_DF.PUIY; Assessor's Parcel No.: 071-290-061 Applicant: David and Marcia Messenger, P.O. Box 612, Penn Valley, CA 95946 Project Location-Specific: on the east side of Chinook Way, approximately 1,350 feet south of Craig Access Road in the Oroville area Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: A legal lot determination for a 2.69 acre parcel created by deed I Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) ❑ Ministerial (Sec. 15073) ❑ Declared Emergency [Sec. 15071(a)] ❑ Emergency Project [Sec. 15071 (b)and (c)] ❑ Categorical Exemption. 'State type and section number: 15305(a) ❑ Statutorily Exempt– 15274(a) X General Rule Exemption. State type and section number: 15061(b)(3) Reasons why project is exempt: The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Contact Person: Mark Michelena 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: Si nat re, Pete Calarco, Development Services Assistant Director r DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT David and Marcia Messenger P.O.Box 612 Penn Valley, CA 95946 } FILING NO. Project Title/File Number: Legal Lot Determination,DET 05-10 APN: 071-290-061 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION X A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑' B. De Minimis Impact-Certificate of Fee Exemption 4 $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED' ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ❑ OTHER(Specify) $36:00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. X PAYMENT: The above fees have been paid. ' See attached receipt(s)#430943 2. ❑ -NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Pete Calarco, Development Services Title: Assistant Director Lead Agency: Butte County Department of Development Services Date: December 29, 2005 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. COUNTY OF BLF TE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR N RECEIVED FROM PLANNING EAG#328 DATE 611312006 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 6113 RECEIPTS: 43194344 PLANNING APDL FEES GENL 0810 440001 4210900 101001 2,426.00 Project Number Amount of Fee APN:071-290-081-DAVID MESSENGER-DET 05-10 $1,213 APN:071-290-042-DAVID MESSENGER-.DET 05-11 $1,.213 LAND DEVELOPMENT GENL 0810 440004 46111700 101001 1,242.40 Project Number Amount of Fee APN.071-290-081-DAVID MESSENGER-DET 05-10 $621 APN:071-290-042-DAVID MESSENGER-DET 05-11 $621 ENVIRONMENTAL HLTH GENL 0010 W 4614901 101001 958.00 Project Number Amount of Fee APN:071-290-081-DAVID MESSENGER-DET 05-10 $479 APN:071-290-042-DAVID MESSENGER-DET 05-11 $479 FIRE PLNG APPL FETE FIRE PROTECT 0100 46172.40 101001 108.00 Prdject Number Amount of Fee APN:071-290-061-DAVID MESSENGER-DET 05-10 $54 APM071-290-042-DAVID MESSENGER-DET 05-11 $54 NOD1N0E CLE:RK'S FBLIkd 1=E GENL 0010 470001 4612319 101001 72.00 (SM) Project-Number ____ Ambunt of Fee (—"P :071-290.0di-DAVID MESSENGER-DET 0.5-10 $36 / —A.PN:071-290-042-DAVID MESSENGER-DET 05-11 $36 TOTAL $ 4,006.00 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER By: � ..white--treasurer pink--auditor canary--deposRor 0o5den md=file 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 P C L 25'County Center Drive -- -9 Oroville, CA 95965 DEC 1 5 2-005 Project Title: Legal Lot Determination, Det 05-11 CA D. r Gr,uCLERK — DEPUTY Assessor's Parcel No.: 071-290-042 Applicant: David and Marcia Messenger, P.O. Box 612, Penn Valley, CA 95946 Project Location-Specific: on the east side of Chinook Way approximately 1,000 feet south of Craig Access Road, Oroville Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: A legal lot determination for a 2.69 acre parcel created by deed Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency[Sec. 15071(a)] Emergency.Project [Sec. 15071 (b)-and (c)] Categorical Exemption. State type and section number: Statutorily Exempt– 15274(a) X General Rule Exemption. State type and section number: 15061(b)(3) Reasons why project is exempt: The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Contact Person: Mark Michelena 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: SigrYature, WSnellinr> elopment Services Director DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT David and Marcia Messenger P.O.Box 612 Penn Valley,CA 95946 'd FILING NO. ' Project Title/File Number: Legal L'ot Determination,Det 05-11 APN: 071-290-042 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact-Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s)#430944 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: December 13, 2005 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. e i COUNTY OF BUTTE AUDITOR'S CERTIFICATE:AND TREASURER'S RECEIPT OROVILLE:, CA ATR NO 8,84 RECEIVED FROM PLANNING BAG#328 DATE 6116 312006 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE: CODE: CODE: AMOUNT DEPOSIT DATE: 5113 RECEIPTS: 430943.44.4 PLANNING APDL FEES GENL 0010 440001 4210900 101001 2,425.00 Prvject Number Amount of Fee APN:071-290-081-DAVID MESSENGER-DET 05-10 $4,213 APN:071-290-042-DAVID MESSENGER-DET 05-11 $1,213 LAND DEVELOPMENT GENL 0010 44MU 45111700 101001 1,242.00 Project Number Amount of Fee APN:071-290-081-DAVID MESSENGER-DET 05-10 $$21 APN:071-290-042-DAVID MESSENGER-DET 05-11 $821 ENVIRONMENTAL HLTH GENL 0010 540003 4514901 101081 958.00 Project Number Amount of Fee APN:071-290-081-DAVID MESSENGER-DET 05-10 .$479 APN:071-29G-042-DANJID MESSENGER-DIET 05-11 '$479 FIRE:PLNG ADPL FE:E, FIRE: PROTECT 0100 4517240 101001 108.00 Project Number Amount of Fee APN:071-290-081-DAVID MESSENGER-DET 05-10 $54 APN:071-290-042-DAVID MESSENGER-DET 05-11 $54 NODINOE: CLERK'S FILING'FE GENL 0010 470001 4512319 101001 72.00 ($36) Project Number Amount of Fee APN:071-290••12131-DAVID MESSENGER-DET 015-10 $36 y "AI3N:071-290-042-DAVID MESSENGER-DEQ'05-11 $36 r TOTAL. $ 4„8062°00 Y APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER white---treasurer pink--auditor canary--depositor golden royale N. 1/2 SEC.36 T.20N. 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This is state recreational property. The state i . acquired the right-of-way to the state recreational property. Over the i . years many parcels have been created her. The county has approved some land divisions using some of the approved roads. . There have been people coming to the Board asking for approval of access. The-Craig access road is a better road than those approved for access to development. When a building permit is issued it is necessary to show access to a county road. Discussion open to the public. Appearing: Leslie Steidl. im i Ms.- Steidl asked that the Board delay any'deci'sion on this matter.. . She has talked with Mr. Harold Bradshaw, Department of Parks and Recreation. He did not feel that the state had been legally contacted regarding this matter. The stat's position is that the road exists now as egress and Y ingress for state parks and the current residents on already approved parcels. f.or implied access rights to the road. However, the state feels these 'are the only people who have the right to travel the road.: j J Ms, Steidl stated that the area is now under study regarding y the zoning. She felt that the decision should be delayed until after !� the zoning considerations have been completed. - Under the proposed zoning there would be few new parcels, five acre minimum. Matter closed to thg_public. BUTTE.:.COUYfY BOARD..OF: SUPERVISORS-MINUTES- February, 2. 1 .--- 7,,. 979. � - -. . - _ 79- Supervisor Winston stated that the Board passed an ordinance 3 describing access requirements. This was the first time that. traversable access was defined. It is up to the property owner to prove they have traversable access. . The Craig access road is a state road and any attempt on the part of the state to give it to the county will be met with resist- ance. This matter was brought up because of' a property owner who has asked that the Board acknowledge that Craig assess road is a traversable access. It meets the criteria. for the requirements of traversable access. It will be on the burden of the property owners to get written acess agreements with the state and the property owner was asked to replace the three-ton bridge and enter into a maintenance agreement. He felt that the requirements were quite clear. He did. not feel that this matter had anything to do with the zoning proposal.. Mr. Castleberry stated that most of the parcels in..the area have access through rights-of-way. Today a property owner could come in and apply for a parcel split if he met the zoning and show proof of a right-of-way down to a county road. This road is, in better shape than most of the roads. It is a convenience to those in the area to legally use what they are using anyway. The state did -do extensive work on the Craig access road. Supervisor Dolan felt that if there was no urgency in approving this, the people have asked that this be delayed until after the zoning.. She felt that the Board should delay the matter. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, Craig a=ess road was recognized as a non-county maintained access providing the conditions set forth by the Director of Public Works is met, namely, that the county recognize Craig access road providing written permission be-obtained from the state to use the right-of-way, a road maintenance association agreement be recorded and signed. to the satisfaction of the Department of Public Works and further that the present three-ton limited small bridge be replaced in accordance with the Department of Public Works requirements and none of the cost at any time to be from the County of Butte. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan. H r'. i'a U E A J i DEPARTMENT OF PUBLIC WORKS CLAY CASTLEBERRY, Director 7 COUNTY CENTER DRIVE, OROVILLE, CALIFORNIA 95965 Telephone: (916) 534-4681 August 9, 1979 H. W. McDONALD Deputy Director Mr. Robert Baird RE: AP 71-27-04 P.O. Box 738 Application for Determination Port Townsend, wA 98368 Dear Mr.- Baird: At the regular meeting of the Butte County Subdivision Violation Committee held August 8, 1979, the Committee issueda conditional Certificate of Compliance for AP 71-27-04. The conditions are.-as - follows: re asfollows: 1. Verify 60 feet of access to a public maintained road from the subject parcel. 2. Provide two-way traversable access to the subject parcel. 3. Provide a road maintenance agreement. 4. Obtain_ a letter from California Division of Parks and Beaches granting permission_ to use Craig Access Road. Replace the 3-ton- load limit bridge on Craig.Access Road. There is a fifteen (15), day appeal period before this conditional Certificate of Compliance can be recorded, unless you sign and re= turn the attached waiver waiving your right to appeal the Committee's decision. If you have any questions regarding this matter, please contact this office. Very truly yours, Clay Castleberry Director of Public Works Original sicned!by ,JOHN MENDONSA john Mendon_sa JM/mv Assistant Director Attachment cc Planning Department W/o attachment Health Department w/o attachment Building Department w/o attachment DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT n David and Marcia Messenger r'--- P.O. Box 612 � � ❑ Penn Valley,CA 95946 CANDACE J.GRUBbS,BUTTE CO.CLERK FILING NO. J -=DEI UTI Project Title/File Number: Legal Lot Determination,DET 05-10 ATN: 071-290-061 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT:. 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION X A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑ B. De Minimis Impact-Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ❑ OTHER(Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: 1. X PAYMENT: The above fees have been paid. See attached receipt(s)#430943 2. ❑ NON-PAYMENT: The above fees are required.Not paid. Chief Planning Official By: Pete Calarco, Development Services Title: Assistant Director Lead Agency: Butte County Department of Development Services Date: December 29, 2005 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. APPENDIX A NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Legal Lot Determination, DET 05-10 Assessor's Parcel No.: 071-290-061 Applicant: David and Marcia Messenger, P.O. Box 612, Penn Valley, CA 95946 Project Location-Specific: on the east side of Chinook Way, approximately 1,350 feet south of Craig Access Road in the Oroville area Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: A legal lot determination for a 2.69 acre parcel created by deed Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) ❑ Ministerial (Sec. 15073) ❑ Declared Emergency[Sec. 15011(a)] ❑ Emergency Project [Sec. 15071 (b)and (c)] ❑ Categorical Exemption. State type and section number: 15305(a) ❑ Statutorily Exempt— 15274(a) X General Rule Exemption. State type and section number: 15061(b)(3) Reasons Why project is exempt: The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Contact Person: Mark Michelena 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: .r Signat re, Pete Calarco, Development Services Assistant Director AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO ai d RECEIVED FROM PLANNING PAG f-3"2-8 DATE 611312005 ' FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT (DEPOSIT DATE: 6113 RECEIPTS: 43W434 �4 PLANNING APPL FEES GEL 0010 "=I 42109,20 101001 2,426.00 Project Number Amount of Fee APN:071-290-081-DAVID MESSENGER-DET 05-10 $1,213 APN:071-290-042-DAVID MESSENGER-DET 05-11 $1,.213 LAND DEVELOPMENT GENL 0010 4AGM4 4611700 1:31001 1,242.00 Project Number Amount of Fee APN:071-290-08!-DAVID MESSENGER-DET 0 10 $621 APN:071-290-042-DAVID MESSENGER-DET 05-11 $821 ENVIRONMENTAL HLTH GENL 0:010 b40M A614101 001001 568.00 Project Number Amount of Fee APN:071-290-061-DAVID MESSENGER-DET 05-10 $479 APAJ:071-290-042-QAVIDMESSENGER-DET 05-11 $478 FIRE PLIC APPL FEE ` FIRE PROTECT 01W 4617240 101001 108.01 Project Number Amount of Fee APN:071-290-081-DAVID MESSENGER-DET 05-10 $54 APN:071-2y(1-042-DAVID MESSENGER-DET 05-11 $54 NODINOE CLERK'S FILING FE GENL 0010 470O I 4612315 101 31 72.00 ($36) Project Number Ambunt of Fee AP14:071-290-06i-L}AVID MESSENGER-DET 05-10 $36 APN:071-290-042-C)AVID!AESSENGER-DET 05-11 $36 TOTAL $ 006.00 APPROVED BY: RECEIVED BY: AUDITOR-CONTROLLER TREASURER / ."whi e4reasurer pir--au Iitor can, deposkor golden m d-=file .•T BUTTE COUNTY PLANNING COMMISSION d AGENDA REPORT —December 8, 2005 Applicant: David and Marcia Messenger Location: On the east side of Chinook Way, approximately 1,350 feet south of Craig Access Road, Feather Falls File #: DET 05-10 Supervisor District: Request: Legal Lot Determination/ Project .. Mar= '°M'i-chelena Conditional Certificate of Planner: Associate_-Planner c Compliance G.P.: AR(Agricultural Residential) Zone Date= March 4, 1980 Zoning: FR-5 (Foothill Recreational– 5 Parcels;Size: 2.69-acres(^ acre minimum) APN: 071-290-061 TAttachAnents: -:_A: Grant Deed (2/7/72) B: Site Plan STAFF COMMENTS: Staff recommends approval of this-request for a Legal Lot Determination/Conditional Certificate of Complianeewith findings and corid'it ons. ANALYSIS; • The prof`ectparcel (APN 074-290-061) was created by Grant Deed(Book 1734, Page 256) recorded in the=Official Records of Butte County on February 7, 1972. • The project parcel is currently undeveloped. • Determination_f6f consistency with Zoning and General Plan was based on date of creation of the parcels. • Zoning at the time of creation was A-2. The size of the parcel was consistent with the zoning requirements (8,125 square feet) at the time of creation. • The Butte County Land Use Plan designation that existed at the time of parcel creation was Timber-Mountainous Terrain. No minimum parcel size identified. The size of the project parcel was consistent with the General Plan. ■Butte County Department of Development Services ■ ■December 8, 2005 ■Agenda Report—Messenger DET 05-10 ■Page 1 of 5 ■ • Access for the parcel is on Chinook Way, a private road, from Craig Access Way, a state maintained road for ingresLegress-fo�p— a�lcels. ` • Butte County =thatond�iifi-o—ns �lrtment and Butte County Public Works reviewed the project and determineed to be applied. CEQA ISSUES: This project has been determined to be exempt from the California Environmental Quality Act (CEQA)provisions under the General Rule exemption Section 15061(b)(3). ACTIONS FOR CONSIDERATION: Staff recommends that the Planning Commission adopt the attached Resolution with Exhibit A. K:\Planning\PROJECTS\DEnMESSENGER DET.05-10\Messenger DET 05-10 Agenda Rep R—Qraft`doc . ■Butte County Department of Development Services ■ ■December 8, 2005 ■Agenda Report—Messenger DET 05-10 n.Page 2 of 5 ■ i RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION 05-10 WHEREAS, the Planning Commission has considered Legal Lot Determination 05-10 for David and Marcia Messenger, in accordance with Chapter 20, Section 160; Article VII, Violations and Certificate of Compliance,of the Butte County Code on Assessor's Parcel Number 071-290-061; and WHEREAS, the Planning Commission has determinedEa Q nditr9nal Certificate of Compliance as categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said Conditional Certificate of Compliance,-was referred fEW-riousYaffected public and private agencies, County departments, and referral agencies for review=and7c-07c and _ WHEREAS, a public hearing was held on December 8, 2005; ands` WHEREAS, the Planning Commission has considered-pblic comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLED, that=the Planning Commission: I. Finds this project is.�Categorically exempt:from environmental review under the General..Rule..exempfioi Section 15061(b)(3). This section states that CEQA applies only ch havethe potential for causing a significant effect on the -- �erivironment.`Because the prole...- ct-zis exempt from the provisions of CEQA, the -:�F-Fpayment of fees pursuant to Fishaand Game Code Section 711.4 and 14 CCR 753.5 is not required. ` �A., The custodian=6f the record is the Department of Public Works. The location _..._.._ of the recon&s 7 County Center Drive, Oroville CA 95965. II. Make�sathedollo7ving Conditional Certificate of Compliance findings: A. The=parcel was created by deed on February 7, 1972,prior to requirements of a:map per the Subdivision Map Act (March 3, 1972). B. The parcel size of 2.69 U acres was in conformance with the Butte County General Plan land use designation and zoning at the time of creation. III. Approves Conditional Certificate of Compliance 05-10 with the conditions as set forth in the attachment (Exhibit A) to the resolution. ■Butte County Department of Development Services ■ ■December 8,2005 ■Agenda Report—Messenger DET 05-10■Page 3 of 5 ■ DULY PASSED AND ADOPTED this 81h day of December, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: t FERNANDO MARIN, Chairman Planning Commission County of Butte, State of California ATTEST: LYNN RICHARDSON, Secretary Planning Commission County of Butte,State of California a ■Butte.County Department of Development Services ■ ■December 8, 2005 ■ Agenda Report—Messenger DET 05-10 ■Page 4 of 5 ■ EXHIBIT A Legal Lot Determination/Conditional Certificate of Compliance on APN 071-290-061,DET 05-10 I. CONDITIONS OF APPROVAL: 1. Pay the recording fee in effect at the.time the Conditional Certificate of Compliance is recorded.The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is$10.00 without conditions,$13.00 with conditions.. This cost estimate is based on 1 page notification (first sheet), 1 page of legal description attached as Exhibit"A", and 1 page of conditions.aftachedzas Exhibit `B". Public Works V01 Provide two-way traversa le access to the parcel from�a publicly main�ai•ned road or state /' highway as defined in County Code. �" 14 Provide approved access to the parcel from a publicly. : aintained road or state highway in accordance with the County Code. Minimum Easement width to=b.e 60 feet. California Department of ForestoDutte County Fire=Department 4. Place the following informational note on=the Certffffate-�of Compliance:"All new structures must meet Fire Safe Regulations of the Bine==County CoeandPublic Resources Code 4290 and 4291. Countv Counsel 5. If this entire matter_orany finding;.aeton or condition of this matter is appealed to the Board of Supervisors;the~applicant or any othe%developer/operator other than the applicant agrees to defend; indemnify and7hold.the County of Butte harmless from liability or loss related to the approval of this project#and agree-to sign an indemnification agreement in a form a. oved by.County Counsehbefore the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■Butte County Department of Development Services ■ ■December 8, 2005 ■Agenda Report—Messenger DET 05-10 ■Page 5 of 5 ■ Butte County Department of Development Sees Planning Memorandum June 15, 2005 To: Inter-De artmental Review Committee Subject: same,DET 05-10 Planner: Mark Michelena APN: 071-290-061 Location on the east side of Chinook Way, approximately 1,350 feet south of Craig Access Road in the Oroville area 30-Day Complete: 07/09/2005 Date of IDR: 07/06/2005 Please respond by July 4,2005, regarding completeness of application. Do you find this application complete? No. What is needed to make the application complete? es. Conditions and/or mitigation measures (please respond by 07/21/05). Standard Conditions are attached for your convenience. Signature: Date: (Please send your response to mmichelena @buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health,LAFCo,County Counsel,the Assessor's office,the Public Works Director,the Agricultural Commissioner, CDF,and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner,so that preparations can be made for the IDR meeting on 07/04/05. { - IN VON r +� ar mai a �'i y _-• ::+ s' x` 1 s7'R '� �,.' + XV yu ' �� �� S �Ra"R" ',.fitJ v'r"$c°'R k�' .�' Wit• �:�,�f i v .��'b° M,f9 She,to r .� + . ,ra :ist hAA 7, e = �.1 F f ' ��.J •. F- f`i, �,•; .d- � 1 I" L •f yy h� }� 4 w,.4. fCA win ow Ate AMC'o acS.�C- ,+,v � 'f, i+ �, o:q .( ,,�f „y� �_F' �.J�• ' 3s� s,.: y < -..� � -� -. � � }� i r �fi, #� � cF�„ ., v✓ �gip. � s.,�" .R�"� - ���.n C �, :b # ' :, "� "'��> J � � r r,�t��°,►ARS', o �•_ r 071-290-061 AF �.�` '�` '�,� - _ .-.dam': �a�y ''�� r t a as � .' ,�.n .�••, t� i J' �' jr e. � `• VIM Ply Wit 71, To 7" j •, �1�e -_ �a�a a?. �-!as'�;��� �x t h 4 � y,MM °�'\T �' ,y+. _ �,.�. *YC rt F, •l �'` ;(pt. ..F a � ;. es:R, £` '� :'ar � - ,'� .,.ate_.• a 1r'" .,ti -" : 1 ,1 t Michelena, Mark From: Wannenmacher, Felix Sent: Tuesday, July 05, 2005 4:12 PM To: Michelena, Mark; 'Stephen A. Streeter' Cc: Miller, Gloria Subject: Messenger Application (DET 05-11)A#05-411 Hi Mark and Stephen, You appear to have corrected the APN for this parcel. -- This revision does not alter my earlier comments. Felix CONFIDENTIAL--ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for - -•- - delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2)requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. 1 0 Butte County Department of Development Services Planning Memorandum June 15., 2005 To: Inter-Departmental Review Committee Subject: same,DET 05-10 Planner: Mark Michelena APN: 071-290-061 Location on the east side of Chinook Way, approximately 1,350 feet south of Craig Access Road in the Oroville area 30-Day Complete: 07/09/2005 Date of IDR: 07/06/2005 Please respond by July 4,2005, regarding completeness of application. Do you find this application complete? ❑ I No. What is needed to make the application complete? s. Conditions and/or mitigation measures (please respond by 07/21/05). Standard Conditions are attached for your convenience. i Signature: _ Date: (Please send your response to mmichelena @buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps,has been sent to Environmental Health,LAFCo,County Counsel,the Assessor's office,the Public Works Director,the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary"Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner,so that preparations can be made for the IDR meeting on 07/04/05. 7� is Z BUTTE COUNTY LEGAL LOT DETERMINATION/ 23`� d/t .Z5'6• CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS i� APPLICANT: David and Marcia Messenger DATE: 6/14/2005 AGENT: APN: 071-290-061 FILE#: DET 05-10 PLANNER: PROJECT DESCRIPTION: Legal Lot Determination/Conditional Certificate of Compliance Required for all Certificates of Compliance: Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated"current cost for recording this Certificate is$ .00 without conditions,$ .00 with conditions. This cost estimate is based on 1 page notification(first sheet), pages(s) of legal description attached as Exhibit "A", and page(s) of conditions attached as Exhibit"B". Health Dept. Conditions: w- Prove that adequate quantities of domestic water for a single family residence are available to the parcel. Prove that adequate sewage disposal area for a single family residence exists on the parcel. Provide a "will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide sewer service to the subject property. Provide a "will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide water service to the subject property. Provide evidence that there are adequate quantities of potable domestic water available to property in accordance with section 12 of the Subdivision Ordinance Improvement Standards. Provide evidence that there is adequate useable sewerage disposable available to property in accordance „. with Appendix VII of the Subdivision Ordinance Improvement Standards. Public Works Conditions: X Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. X Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the CountyCode. Minimum easement width to be 60 feet. Verify legal access.to the parcel from Craig Access Road. Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of Craig Access Road as access to the parcel. Fire Dept.: Place the following informational note on the Certificate of compliance "All new structures must meet Fire Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291." uJ �. � • Page 1 of 1 Michelena, Mark From: Schroth, Eric Sent: Wednesday, June 22, 2005 3:17 PM To: Michelena, Mark Subject: FW: Messenger DET 05-11 and DET 5-10 Mark, The planner's name was not on the forms so I am sending them to you. They are complete with conditions noted. From: Benedict, Gwyn Sent: Wednesday, June 15, 2005 2:28 PM To: Adler, Lana; Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Durling, Carl; Edell, Stuart; Fogel, Doug; Fowler, Steve; Haslem, Felicia; Hill, Rob; Johnston, Mary; Kim Seidler, City of Chico; Lawrence, Gail; Leasure, Paula; Lucas, Steve; MacKenzie, Robert; Mann, Cyndi; McCracken, Shari; McIntosh, Paul; Michelena, Mark; Price, Richard; Read, Darren; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Severin, Vance; Starrett, Bill; Streeter, ;,w Stephen; Teitelman, Eric M.; Tolley, Chris; Wannenmacher, Felix Subject: Messenger DET 05-11 APN 041-290-042 for IDR reveiw Please review the attached documents. They are being provided to you for your comments. Thank you for your attention in this matter. Gwyn Benedict Office Specialist, Senior Development Services 7 County Center Dr, Oroville (530) 538-5260 Fax: (530) 538-2140 6/24/2005 BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: David and Marcia Messenger DATE: 6/14/2005 AGENT: APN: 071-290-061 FILE#: DET 05-10 PLANNER: PROJECT DESCRIPTION: Legal Lot Determination/Conditional Certificate of Compliance Required for all Certificates of Compliance: �[ Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is$ .00 without conditions,$ .00 with conditions. This cost estimate is based on 1 page notification(first sheet), pages(s)of legal description attached as Exhibit "A", and page(s) of conditions attached as Exhibit"B". Health Dept. Conditions: Prove that adequate quantities of domestic water for a single family residence are available to the parcel. Prove that adequate sewage disposal area for a single family residence exists on the parcel. Provide a "will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide sewer service to the subject property. Provide a "will serve" letter from verifying the property is within their district boundaries and that they'are willing and able to provide water service to the subject property. Provide evidence that there are adequate quantities of potable domestic water available to property in accordance with section 12 of the Subdivision Ordinance Improvement Standards. Provide evidence that there is adequate useable sewerage disposable available to property in accordance with Appendix VII of the Subdivision Ordinance Improvement Standards. Public Works Conditions: Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be_ feet. Verify legal access to the parcel from Craig Access Road. Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of Craig Access Road as access to the parcel. Fire Dept.: X Place the following informational note on the Certificate of compliance "All new structures must meet Fire Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291." w • • Butte County Department of Development Services Planning Memorandum June 15, 2005 To: Inter-Departmental Review Committee Subject: same,DET 05-10 Planner: Mark Michelena APN: 071-290-061 Location on the east side of Chinook Way, approximately 1,350 feet south of Craig Access Road in the Oroville area 30-Day Complete: 07/09/2005 Date of IDR: 07/06/2005 Please respond by July 4, 2005, regarding completeness of application. Do you find this application complete? ❑ No. What is needed to make the application complete? X IYes. Conditions and/or mitigation measures (please respond by 07/21/05). Standard Conditions are attached for your convenience. Signature: Darren Read Date: 6/16/05 (Please send your response to mmichelena @buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps,has been sent to Environmental Health, LAFCo,County Counsel, the Assessor's office,the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 07/04/05. r I � Butte County Department of Development Services %TtF PLANNING DIVISION 0 0 0 0 7 County Center Drive o o Oroville,CA 95965 0 n.-P_ o (530)538-7601 Telephone °�►�UN,�.�° (530)538-7785 Facsimile Date TO: FROM: Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: David and MarciaMessengerLegal Lot DeterminationDET 05-10 APN: 071-290-061 DATE OF Inter-Departmental Review: 7/6/2005 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: July 5, 2005 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: July 21, 2005 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter-Departmental Review (IDR) Committee meeting on 7/6/2005, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's_area of expertise and jurisdiction. PROJECT DESCRIPTION: Legal Lot Determination/Conditional Certificate of Compliance. PROJECT LOCATION: Chinook Way, approximately 1,125 feet off of Craig Access Road,. COUNTY SUPERVISOR DISTRICT NO.: 0 ZONING: O GENERAL PLAN: O If a response cannot be submitted prior to the due dates listed above, please call at (530) 538- (530) 432-0915 or send him an email at Mmichelena@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR COMMITTEE = APPLI.CATION COMPLETE ❑ No (Please send response to by July 5, 2005) Yes (Conditions/mitigation measures due by July 21, 2005) Documcni l BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: David and Marcia Messenger DATE: 6/14/2005 AGENT: APN: 071-290-061 FILE#: DET 05-10 PLANNER: PROJECT DESCRIPTION: Legal Lot Determination/Conditional Certificate of Compliance Required for all Certificates of Compliance: �[ Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is$ .00 without conditions, $ .00 with conditions. This cost estimate is based on 1 page notification (first sheet), pages(s) of legal description attached as Exhibit "A", and page(s) of conditions attached as Exhibit"B". Health Dept. Conditions: Prove that adequate quantities of domestic water for a single family residence are available to the parcel. Prove that adequate sewage disposal area for a single family residence exists on the parcel. Provide a "will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide sewer service to the subject property. Provide a "will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide water service to the subject property. Provide evidence that there are adequate quantities of potable domestic water available to property in accordance with section 12 of the Subdivision Ordinance Improvement Standards. Provide evidence that there is adequate useable sewerage disposable available to property in accordance with Appendix VII of the Subdivision Ordinance Improvement Standards. Public Works Conditions: Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be_ feet. Verify legal access to the 'parcel from Craig Access Road. Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of Craig Access Road as access to the parcel. Fire Dept.: Place the following informational note on the Certificate of compliance "All new structures must meet Fire Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291." "DRAFT"LEAD IN SHEET FILE NO: Jam—to AP# 7 — �"l 0-0 I APPLICANT: " Y- a/L Cv S OWNER: REPRESENTATIVE: t) - PRMOSEREQUEST:Sto4e filled out by Person taking in application)&A at cbqL�a�ce. FINAL REQUEST: (to be filled out by project planner) �1 Let-,-A `f Dom. SIZE: 6014K� q Gl Gl.e 5 L CATION: ApAe, Ki 0 G st U r-t/ fr C ec— 17-01419 SUPERVISORIAL DISTRICT# EXISTING ZONING: F4—61— GENERAL GENERAL PLAN DESIGNATION: ASSIGNED PLANNER: i PLANNER's INMALS "C Date Application Received Call 0�D Date Proiect Assigned ('a lq05- IDR 5IDR Date '7/&16 30 Day Complete L30 Day Complete Tentative Tentative Hearing KAPlanningTormsTead In Sheet.doc COMMENT DISTRIBUTION LIST County Offices and Cities:ZE / Chief Administrative Officer X Develop.Services Director v X Public Works Director nvironmental Health Assessor X Building Manager ZA heriff _BCAG _ALUC LAFCo _Air Quality Mgmt. _Butte Co.Farm Bureau _Biggs _Gridley Chico roville _Paradise _eChico Airport Commission elInformation Systems Dept. _Animal Control VX Agricultural Commission xi County Counsel Irrigation District: _Butte Water _BiggslW.Gridley Water _Durham Irrigation South Feather Water&Power Agency _Paradise Irrigation _Richvale Irrigation Table Mountain Irrigation _Thermalito Irrigation District _Other Domestic Water _Butte Water District _California Water Service Co. _Del Oro Water Co. OWID _Thermalito InigationDistrict _Other Sewer _Butte Water District _Themalito Irrigation _Sterling City Sewer Main _Skansen Subdivision(CSA 21) _L.O.A.PUD /FIrrotection alifornia 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 _Chambers Cable TV _SBC Viacom Cable TV State Agencies CalTrans(Traffic) _Dept.of Water.Resources _Dept.of Fish and Game _Forestry(Attn:Craig Carter) _Dept of Parks and Rec. _Highway Patrol _CA Reg.Water Quality Control Board _Caltrans,Aeronautics Program _Office of Governmental&Env.Relations _Department of Conservation _Office of Mining Reclamation Dept.Social Services,Comm.Care Licensing Federal Agencies _US Forest Service _US Bureau of Land Management _US Fish&Wildlife Service _Army Corps of Engineers _National Marine Fisheries Service Other Districts,Agencies,Committees,etc. _Lime Saddle Dist _Community Association School Districts _Drainage _Butte Env.l Council _Reclamation _Cal Native Plant Society _Butte Co.Mining Committee _Forest Ranch Community Assoc. _Paradise Pines Com. Assoc. _Butte Creek Watershed Conservancy _Mosquito Abatement District. K:\Planning\Forms\DISTR.wpd