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DET 08-0003_PLANNING
�� N� nI �InUUu � � dVV NYI � UI SEPARATOR' SHEET p,„ CSI - 3za- ozb onoiecr NUMBER D�-r OO — CoYi3 PROJECT SUMMARY SHEET 0 FILE NO.: DET08-0003 PROJECT TYPE: LEGAL LOT DETERMINATION APN: 061-320-028 APPLICANT: Debbie L. Clarenbach ADDRESS: P.O. Box 36, Berry Creek, CA 95916 PHONE: 5305892731 OWNER: Debbie L. Clarenbach ADDRESS: P.O. Box 36, Berry Creek, CA 95916 REPRESENTATIVE: ADDRESS: PROJECT DESCRIPTION: LOCATED: The parcel is located on the south.side of Bean Creek Road,approximately 1 mile east of Bald Rock Road; in the community of Berry Creek. PROPERTY ZONED: U (Unclassified) GENERAL PLAN DESIGNATION: AR(Agricultural/Residential) TOWN/AREA: BERRY CREEK 1. Application accepted: 5/23/2008 Amount: $0.00 Receipt 4: . 2. Assigned To: Brett Walker 3. Comments sent to: Environmental Health, Building Manager, LAFCO,Agricultural Commission, Public Works/Land Development,Assessor's Office—Mapping, CDF, PG&E North 4. Sent to Inter-Departmental Review Committee (IDR): June 19, 2008 5. Status Letter sent to applicant: 6. Date scheduled for IDR: July 2, 2008 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: Clearinghouse circulation required: Yes No Date Sent.to SCH: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration De Minimis:. Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen. Rule Ex. —CEQA# Other 11. Staff Recommends: Approval Denial 12. Planning Commission Hearing(s): Action taken: 13. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 14. Send letter of approval/denial to applicant/representative: 15. Give copy of letter of approval/denial to Environmental Health, Building, and Land Development 16. N.O.E. /N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No K://planning/projects/a new file/summary sheets/det summary sheet Revised 11/01/05 Butte County Department of Development Services o�vTTFo TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 7 County Center Drive o 0 Oroville,CA 95965 0 0 (530)538-7601 Telephone o y.a'.:. o (530)538-7785 Facsimile (► `t DUN'S Project# PROJECT INFORMATION DETo 8-0003 APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: a o 4 i - 6 - ate ADDRESS: Q SxTREET,CITY STATE,& P�C�ODE (A (S 3 U)-S?,-7 E-MAIL: FAX: �J OWNER'S NAME: TELEPHONE: -Debbi - ADDRESS: STREET,CITY,STATE,&ZIP CODE: PROPERTY INFORMATION NAME OF PROPOSED PROJECT(if any) SITE SIZE(in square feet or acres) NoN JZ- LOCATION OF PROJECT(maljor cross streets and address,if any) B-1Q('-a- RcAcI ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE EXISTING STRUCTURES(square feet) PROPOS STRUCTURES(square feet) UNDER WILLIAMSON ACT CONTRACT 76$ ❑Yes ©No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER [ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ® PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION TYPE ❑ADMINISTRATIVE PERMIT ❑TENTATIVE SUBDIVISION MAP ®LEGAL LOT DETERMINATION ❑TENTATIVE PARCEL MAP ❑USE PERMIT ❑WAIVER OF PARCEL MAP ❑MINOR USE PERMIT ❑CERTIFICATE OF CORRECTION ❑COMMUNICATIONS FACILITY UP/MUP ❑REZONE ❑VARIANCE ❑GENERAL PLAN AMENDMENT ❑MINOR VARIANCE ❑MINING AND RECLAMATION PLAN ❑LOT LINE ADJUSTMENT ❑DEVELOPMENT AGREEMENT ❑CERTIFICATE OF MERGER ❑OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and size of parcels.) OWNER CERTIFICATION 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.) DATE: S �� "C� SIGNATURE: V�&.6— C' a Q,I AGENT AUTHORIZATION To Butte County,Department of Development Services: ( 1 Print Name of Agent Phone Number Mailing Address is hereby authorized to proc ss this application on my/our property, identified as Butte County Assessors Parcel Number(s) This authorization allows represeVent(s) ons,hearings,appeals,etc.and to sign all documents necessary for said processing,but not includinto record title interest. Owner(s)of Record(sign and Print Name Print Name Signature Signature Print Name Print Name Signature Signature Print Name of Applicant(if other than owner) Signature of Applicant(if other than owner) Print Name of California Civil Engineer/Land Surveyor Phone Number Mailing Address Email Address Revised 07/13/06 K:\Planning\FORMSWpplications\ProjectInfoForm_Agent_only.doc a Butte County Department of Development Services �VTrF TIM SNELLINGS DIRECTOR PETE CALARCO ASSISTANT DIRECTOR o ;,�,.i. ,•�, o 7 County Center Drive o Oroville,CA 95965 0 �ip ® o (530)538-7601 Telephone C (530)538-7785 Facsimile LEGAL LOT DETERMINATION APPLICATION3 ` r � Applicant Name: <� � Q .1 at e—y\� a r--k Project Number. o 12L0 -2C If approved, a Certificate of Compliance will be issued for the property. The Planning Commission may impose conditions on the Certificate of Compliance (making it a Conditional Certificate. of Compliance). Conditions must be fulfilled prior to any development on the property or subsequent transfer of the property. (Ord. No. 3188, § 1(Exh. A), 3-14-95) APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services staff prior to submitting an application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planne 1. L`� 6 A completed, signed Project Information Form. 2. ❑ If the application is signed by an agent for the property owner, an Agent Authorization "Form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 3. ❑ ❑ Payment of the currently required Application Fees. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecounty.net/dds/Planning/ Application fees are non-refundable. Applicant's Initials 4. ❑ ❑ Verification of ownership (e.g., current vesting deed or current title report) 5. ❑ ❑ Evidence of how the parcel in question was created(e.g., "creation deed(s)" in the form of a grant deed or gift deed, or other recorded document). This evidence may be obtained from a tii ell company or you may research records available at the County Recorder's Office. 1 r � __ J Applican Planner 6. ❑� SITE PLAN: Twelve (12) copies of a detailed site plan, drawn to standard engineering scale (e.g., 1" = 100'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on 81/2" X 11" size sheets. The detailed map must include: a. E� ❑ Name and business address of the applicant or person who prepared the map. b• ❑ ❑ The Assessor Parcel Number and the street address. C. 12/ ❑ Property lines, lot dimensions and any applicable easements of record or proposed. d. ❑ ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited'to, buildings, roads, driveways, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting). Label all items shown on the map. e. ❑ ❑ Show private road access, if any,and route(s)to the nearest publicly maintained road. f ❑ ❑ North arrow and scale of drawing. 9. ❑ ❑ All documents and maps shall be clear and legible. Additional information may be required in order to clarify, correct or supplement the above submittal information as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Please call the Planning Division of the Department of Development Services at (530) 538-7601 if you have any questions about these requirements. Signature: ,. Y A,�..� c��S Date: as Vy n A1 pplicantt/Represeritative (�(}Ukk2 Signature: t V 1�V d, dMA Date. Planner Receiving Application K:\Planning\FORMS\APPLICATIONS\Legal_Lot Determination.doc Revised 09/05/06 2 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 SEp - �� Zlillis County of Butte 25 County Center,Drive POSTED..____ _THROUGH Oroville, CA 95965 Project Title: LEGAL LOT DETERMINATION,DET08-0003 Assessor's Parcel No.: 061-320-028 S�� - 4 2003 Applicant Debbie L. Clarenbach P.O.Box 36 Berry Creek,CA 95916 c CERusas +-,EE CCLERK QEPUTY Project Location-Specific: 2775 BEAN CREEK RD, BERRY CREEK, CA 9 916 Project Location-City: Berry Creek Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: The parcel is located on the south side of Bean Creek Road, approximately 1 mile east of Bald Rock Road; in the community of Berry Creek. Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check One) Ministerial (Sec. 15073) Declared Emergency [Sec. 15071(a)] _ Emergency Project [Sec. 15071 (b) and (c)] X Categorical Exemption, State type and section number: 15303 Statutorily Exempt - 15274(a) Reasons why project is exempt: The legal lot determination would facilitate development consistent with the existing zoning on the parcel, which allows a single family residence and accessory structures. Contact Person: Brett Walker 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: Charles T istlethwai e, Development Services Planning Manager DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Debbie L.Clarenbach P.O.Bos 36 Berry Creels,CA 95916 FILING NO. Project Title/File Number: LEGAL LOT DETERMINATION,DET08-0003 APN: 061-320-028 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. . Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact-Certificate of Fee Exemption $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION-FEE REQUIRED ( ) A. Negative Declaration $1,876..75 State Filing Fee $50•.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $2606..75 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ( ) OTHER(Specify) $50..00 C—lerk's Documentary Handling Fee PAYMENT/NON-PAYMENT OF FEES: PAYMENT: The above fees have been paid. See attached receipt(s)# 2_ (X) NON-PAYMENT: The above fees were waived by Board of Supervisors. Chief Planning Oficial By: Tim Snellings, Development Services Title: Director- Lead irectorLead Agency: Butte County Department of Development Services Date: September 2,2008 TWO COPIES OF T HIS FOR.M MUST BE COMPLEI ED AND SUBMII'TED WITFI ALL ENVIItONMENI AL DOCUMENTS FILED WITH THE BU r7C COUNTY CLERK'S OFFICE THREE COPIES OF AL L.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 BOARD OF SUPERVISORS BItLCo"NEt_riLY c p��Sr BUp�.•.,• :r•4,•• '•��r}'• First District JANE ;• ''•- LA Minute Order No. 0809-016 Second District •�'eoo` MAUREEN KIRK Third District CURT JOSIASSEN,Chair Fourth District KIM K.YAMAGUCHI Fifth District MEETING DATE: April 22,2008 ITEM SUBJECT: Waiver of Application Fee ITEM DESCRIPTION: Consideration of a request submitted by Tom and Debbie Clarenbach for a waiver of the application fee in the amount $2,883.80 for a Certificate of Compliance. BOARD ACTION TAKEN: PURSUANT TO BUTTE COUNTY CODE SECTION 3-40.5,THE BOARD DETERMINED A PUBLIC INTEREST FINDING CAN BE MADE TO WAIVE THE $2,883.80 FEE. VOTE: Ayes: Supervisors Connelly, Dolan, Yamaguchi, Kirk and Chair Josiassem, Noes: None. Absent: None. Not Voting:None.. Unanimously Carried. CERTIFICATION: I hereby certify that the above action was taken by the Butte County rd f S visors on the date listed above. ath ogha4nam,Associate/Clerk of the Board 8, 2008 1'V11 RESOLUTION 08-41 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET08-0003 WHEREAS, the Planning Commission has considered Legal Lot Determination DET08- 0003, Debbie Clarenbach, in accordance with Chapter 20, Section 160; Article VII, Violations and Certificate of Compliance, of the Butte County Code on Assessor's Parcel Number 061-320- 028; 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 meeting was held on August 14, 2008; and WHEREAS, the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The U zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. No subdivision of the property is feasible given the existing lot size. A. 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. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings and approves (Conditional) Certificate of Compliance DET08-0003 with the conditions as set forth in the attachment (Exhibit A)to the resolution. A. The parcel size of 4.2t acres is in conformance with the zoning at the time the parcel was created. Butte County did not have a General Plan at the time the parcel was created. B. The granting of a (Conditional) Certificate of Compliance for the parcel will not be detrimental to the public health, safety and welfare. C. The easement width can be reduced from 60 feet to a minimum of 30 feet. Page 1 of 4 August 14,2008 This finding can be made based on the fact that the County Code at the time of creation allowed a minimum easement width of 15 feet, with County approval, and that a 30 foot wide easement provides adequate access to the site. DULY PASSED AND ADOPTED this 14'' day of August, 2008, by the following vote: AYES: Lambert, Leland,Nelson, Wilson NOES: ABSENT: Marin ABSTAIN: affel Wilson, Chair Planning Commission County of Butte, State of California ATT F072 TIN BONHAM,.Secretary Planning Commission County of Butte, State of California Page 2 of 4 August 14,2008 EXHIBIT A Legal Lot Determination/(Conditional) Certificate of Compliance on APN 061-320-028 for Debbie Clarenbach I. CONDITIONS OF APPROVAL: 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 2. 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 thirty (30) feet. 3. Pay the recording fee in effect at the time the (Conditional) Certificate of Compliance is recorded. , 4. Prove that adequate quantities of domestic water for a single family residence area available to the parcel. 5. Provide that adequate sewage disposal area for a single family residence exists on the parcel. 6. 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. II. NOTES TO BE ADDED TO THE (CONDITIONAL) CERTIFICATE OF COMPLIANCE: 1. Construction, installation, or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safety Regulations — Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 2. Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property. A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. 3. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus within 150 feet of all structures. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Page 3 of 4 August 14,2008 5. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at (530) 872-6353 to determine the need for a less than 3-acre conversion exemption permit or a timber harvest plan. 6. Prior to final approval of a residential dwelling building permit, final approval is required for the sewage disposal system and domestic water supply well. r, i I I Page 4 of 4 August 14,2008 BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT -AUGUST 14, 2008 Applicant: Debbie Clarenbach Location: On the south side of Bean Creek Road, approximately 1 Owner: Same mile east of Bald Rock Road; in the community of Berry Creek. File#: DET08-0003 Supervisor 1 District: Request: Legal Lot Determination/ Project Brett Walker (Conditional) Certificate of Planner: Associate Planner Compliance G.P.: AR(Agricultural Residential) Zone Date 01/06/1987 I Zoning: U (Unclassified) Parcel Size: 4.2± acres APN: 061-320-028 Attachments: A: Resolution with Exhibit A B: Exception request letter signed by Debbie Clarenbach C: Site Plan STAFF COMMENTS: The subject parcel was created by deed on November 28, 1969,according to a Butte County Superior Court judgment. The parcel was not legally created as it did not have legal access. The California Subdivision Map Act §66499.35(b) requires a local agency to issue a (Conditional) Certificate of Compliance if the local agency determines that the property does not comply with the Subdivision Map Act or local.ordinances. Subdivision Map Act §66499.35(b) states the following: A local agency may, as a condition to granting a conditional 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 the time by this division or local ordinance enacted pursuant to this division, except that where the applicant was the owner of record at the time of the initial violation...then the local agency may impose any conditions that would be applicable to a current division of the property. The parcel was zoned A-2 at the time the parcel was created. The A-2 zoning became effective on ■ Butte County Department of Development Services■ ■August 14,2008 ■Clarenbach DET08-0003 ■Page 1 of 7 ■ .� l � � August 29, 1955 by Ordinance 522, and was later amended on June 27, 1960 by Ordinance 676. ANALYSIS: • The parcel was created by deed on November 28, 1969,without legal access,in violation of Butte County Subdivision Ordinance. • The parcel was zoned A-2 at the time of parcel creation. The parcel size is 4.2t acres. The A-2 zone required an 8,250 sq ft. minimum parcel size. • At the time of creation,the parcel had a Land Use designation of Open Area—Forest and Grazing. • At the time of creation, County Code road standards required a 60-foot right of way width. Exceptions to the road right of way width were permitted. • By courtjudgment in 2006,a prescriptive easement was decreed 30' in width for ingress and egress. • The landowner has requested an exception to the sixty (60) foot wide access easement requirement. The applicant has requested that the access easement be reduced to thirty (30)feet.The Public Works Department is not opposed to recommending approval of an exception. • The parcel is improved with a residence and two accessory buildings. • If approved, any conditions of the Certificate of Compliance will require satisfaction prior to the issuance of a any new/future permits. BUTTE COUNTY DEPARTMENTS AND OTHER AGENCIES REVIEW • The project was reviewed by the Butte County Public Works Department, Environmental Health Division, Cal-Fire/Butte County, Agricultural Commissioner's Office, LAFCo, Assessor's Office and PG&E. • The Public Works Department has recommended two conditions of approval: 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 2. 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 thirty (30) feet. • The Environmental Health Department had recommended two conditions of approval and one Information Note: 1. Prove that adequate quantities of domestic water for a single family residence are available to the parcel. 2. Provide that adequate sewage disposal area for a single family residence exists on the parcel. Information Note:Prior to final approval of a residential dwelling building permit,final ■Butte County Department of Development Services ■ ■August 14,2008 ■Clarenbach DET08-0003 ■Page 2 of 7 ■ approval is required for the sewage disposal system and domestic water supply well. • PG&E responded with the following comments: Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building ofstructures, or the storage ofany materials allowed over or under any existing PG&Efacilities, or inside any easements that exist, which infringe on PG&E's easement rights. • The Cal-Fire/Butte County Fire responded with the following Notes be added to the (Conditional) Certificate of Compliance: 1. Construction,installation,or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safety Regulations — Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 2. Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property.A note stating"Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. 3. Prior to building construction,provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus within 150 feet of all structures. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. 5. Prior to any lot clearing activity or cutting of trees,contact the Butte Area Forester at (530) 872-6353 to determine the need for a less than 3-acre conversion exemption permit or a timber harvest plan. CEQA REVIEW: This project has been determined to be categorically exempt from the California Environmental Quality Act(CEQA)provisions under Section 15303. The legal lot determination would facilitate development consistent with the current U (Unclassified) zoning of the property. The U zoning designation allows limited uses consistent with construction of a single family home and construction or conversion of small structures as described in section 15303. Subdivision of the parcel is not feasible given the existing lot size. Use permits, with accompanying environmental review would be required for uses inconsistent with this class 3 exemption. ■Butte County Department of Development Services■ ■August 14,2008 ■ Clarenbach DET08-0003 ■Page 3 of 7 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING LEGAL LOT DETERMINATION DET08-0003 WHEREAS, the Planning Commission has considered Legal Lot Determination DET08- 0003, Debbie Clarenbach, in accordance with Chapter 20, Section 160; Article VII,Violations and Certificate of Compliance,of the Butte County Code on Assessor's Parcel Number 061-320-028;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 meeting was held on August 14, 2008; and WHEREAS,the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED,that the Planning Commission: I. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15303. The U zoning designation allows limited uses consistent with the new construction or conversion of small structures as described in section 15303. No subdivision of the property is feasible given the existing lot size. A. 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. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings and approves(Conditional)Certificate of Compliance DET08-0003 with the conditions as set forth in the attachment (Exhibit A) to the resolution.. A. The parcel size of 4.2t acres is in conformance with the zoning at the time the parcel was created. Butte County did not have a General Plan at the time the parcel was created. B. The granting of a(Conditional)Certificate of Compliance for the parcel will ■Butte County Department of Development Services■ ■August 14,2008 ■ Clarenbach DET08-0003 ■Page 4 of 7 ■ not be detrimental to the public health, safety and welfare. C. The easement width can be reduced from 60 feet to a minimum of 30 feet. This finding can be made based on the fact that the County Code at the time of creation allowed a minimum easement width of 15 feet, with County approval, and that a 30 foot wide easement provides adequate access to the site. DULY PASSED AND ADOPTED this 14`x'day of August, 2008,by the following vote: AYES: NOES: ABSENT: ABSTAIN: Harrel Wilson, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California i ■Butte County Department of Development Services■ ■August 14,2008 ■Clarenbach DET08-0003 ■Page 5 of 7 ■ EXHIBIT A Legal Lot Determination/(Conditional) Certificate of Compliance on APN 061-320-028 for Debbie Clarenbach I. CONDITIONS OF APPROVAL: 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 2. 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 thirty (30) feet. 3. Pay the recording fee in effect at the time the (Conditional) Certificate of Compliance is recorded. 4. Prove that adequate quantities of domestic water for a single family residence area available to the parcel. 5. Provide that adequate sewage disposal area for a single family residence exists on the parcel. 6. 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. II. NOTES TO BE ADDED TO THE(CONDITIONAL)CERTIFICATE OF COMPLIANCE: 1. Construction, installation, or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safety Regulations — Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. 2. Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property. A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required"is to be added to all affected building plans. 3. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus within 150 feet of all structures. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. 5. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at(530) 872-6353 to determine the need for a less than 3-acre conversion exemption permit or a ■Butte County Department of Development Services■ ■August 14,2008 ■Clarenbach DET08-0003 ■Page 6 of 7 ■ timber harvest plan. 6. Prior to final approval of a residential dwelling building permit,final approval is required for the sewage disposal system and domestic water supply well. ■Butte County Department of Development Services■ ■August 14,2008 ■ Clarenbach DET08-0003■ Page 7 of 7 ■ l Debbie Clarenbach PO Box 36 Berry Creek, CA 95916 l.I q U � Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Re: Access Easement Exception Request; DET08-0003 Mt. Tim Snellings: Based on conversations with County Counsel, Public Works, and Development Services, it is anticipated that a Condition on the above-referenced project would require acquisition of a sixty (60) foot wide access easement per County code. As you may be.aware, my property was illegally subdivided in 1969 without access. I have been working to achieve legal access for my parcel for several years. In 2006, a court recognized a 30' prescriptive easement for my property. It was very difficult to achieve this access, and it is not possible for me to achieve additional easement. This letter is to request an exception to the sixty (60) foot access easement requirement on the above-referenced Legal Lot Determination. I am requesting that the Planning Commission grant an exception, and approve DET08-003 with a Condition requiring a thirty (30) foot wide access easement. Sincerely, Debbie L. Clarenbach Cc: Stuart Edell, Land Development Division, Public Works Department d la A5 - ': 1 -IS at A° F-�� 06 i-3Zv-o2g d0 3 �p� Y el �� g�G�S . ll � LL I U TPZ-160 U /( TPZ-160 Ste he �— / ``� �'• i \ q/i U �1 �,�Il TPZ-iso U RAO, U \.� if " Project Location ,� Aj/ ( �, l � i/��`�—�/ice I �• I / '_ — t I U1 11 ! M-f iM-5 / i\p lhP 1 r / 1 n i5 I cR cAd.0, T. // __`�/��1 _ /• I j\ TPZ-160 jam/ l (lei � it !� — s� °'/ •8 it U — TMS R- 1 11 \� cw ee R° m° bld ER. e nncn ll^l^\1 It \I 2,600 1,300 0 2,600 5,200 7,800 10,400 13,000 15,600 18,200 20,800 23,400 Feet N BUTTE COUNTY PLANNING COMMISSION W E Applicant: Debbie L. Clarenbach Owner: Same Hearin Date:August 14,2008 @ 9:00 a.m. I Existing Zone: U Unclassified 6 Request: Supervisorial Legal Lot Determination for a Certificate of Compliance to facilitate sale of the property. District#1 Assessor Parcel No: 061-320-028 File: DET 08-0003 VICINITY MAP Project Location o DET 08-0003 061-320-0.28 b — � �r�,•�r �� ISI � i�,► /7- WIC ��'� � !tom M91vow bile •�•,,, ����� � �� 511 ------��jj ►/%' IFE COMM AW —• r t � ��I _ 11 = �tw �E3 rrrr �f 1�15 FIS► ����► .' !fit 2,600 1,300 0 2,600 5,200 7,800 10,400 13,000 15,600 18,200 20,800 23,400 BUTTE COUNTY PLANNING COMMISSION A pplicant: Debbie L. '►yam Q.� ,Q �tl'�'._�� _ �►, ame Existing• „ Zone: Owner:Request: Supervisorial District#1 Legal Lot Determination for a Certificate of Compliance to facilitate sale of the property. IrAssessor Parcel No: 061-320-028is ��� 4 . Legal Lot Determination Clarenbach DET08-0003 APN 061-320-028 August 14, 2008 Planning Commission Zoning/Land Use Map -Zoning is U (Unclassified); ,r 1 General Plan is AR (Agricultural f , Residential) •4.2f acres =� � ProJeet Loeatbn -On the south side of Bean Creek Road, approximately 1 miles east of Bald Rock Road; f in the community.of Berry Creek. i -Created without legal access. BUTTE COUNTY PLANNING CONEMISSION xnrm Drer:A r11.I009 9W e.m. Lsiam Loee:U 'ub.' Sopmtirerul � 1' Di.rr¢I PI Lsgtl Lu Demmmauou t a Crrdf em of Compluvee m bednam ub of the Afvtur rcrl�o: D 8 1 tiS,1v:4�.0 ..�:. .t r, +t;_ �''�'r rte+ {�'�,};-�2, � •�,,,,, * � :!�"-. �.J4�'4� 'l,Kr4� �f 4 ?� S�a ";`: .�+,��♦Cf two ;. -�" 4 f,4 .�f° f-A"t, � +v .�. t i 3� a+.•.� 7"" �.:k ,' �.'. .•1.� Apt'3 "'1K„> 4 a M�1 t 66�� � .. YY • S /T" ,�'ty l` 4 f�� 1 tJ4 � •.+r .)j�:>t;;`�yt' ;.�� ��1 ` rte'. ,�'�- t f •, 41 �, ,s ', P Staff Recommendation: • Find that the project is categorically exempt to CEQA under Section 15303. • Approval of a Legal Lot Determination/Conditional Certificate of Compliance with findings and conditions. 3 L e C t Ec c' --al Recorg- -'- RECORDING REQUESTED BY" AND `'Z tj U. LA ti`o WHEN RECORDED RETURN TO: i'A'mvA'L"' L 3 2 WILLIAM G. APGER 3 Attorney at Law SBN 142992 4 686 Rio Lindo Avenue Chico,�CA 95926 5 Telephone: (530) 899-9575 Facsimile: (5330) 893-8245 6 7 Attorney for Plaintiff 8 9 -bo 10 � 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF BUTTE 14 DEBBIE L. CLARENBACH, Case No. 132099 15 Plaintiff, 16 vs. 17 18 THEODORE M. RYAN, et al., 19 Defendants. 20 21 22 JUDGMENT QUIETING TITLE 23 TO EASEMENT BY PRESCRIPTION 24 25 26 27 28 JUDGMENT I RECORDING REQUESTED BY.AND nl t e C' WHEN RECORDED RETURN TO: S 2 WILLIAM G. APGER 3 Attorney at Law SBN 142992 4 686 Rio Lindo Avenue Chico,,CA 95926 5 Telephone: (530) 899-9575 Facsimile: (530) 893-8245 6 Attorney for Plaintiff 8 9 -bo 10 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF BUTTE 14 DEBBIE L. CLARENBACH, Case No. 1')2099 15 Plaintiff, 16 vs. 17 18 THEODORE M. RYAN, et al., , 19 Defendants. 20 21 22 JUDGMENT QUIETING TITLE 23 TO EASEMENT BY PRESCRIPTION 24 25 26 27 28 JUDGMENT 1 WILLIAM G. APGER Attorney at Law 2 SBN 142992 686 Rio Lindo Avenue -r�-irk F 3 Chico, CA 95927 Telephone: (530) 899-9575 4 Facsimile: (530) 893-8245 ` tan 5 Attorney for Plaintiff - JS®SlAy 6 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF BUTTE 11 DEBBIE L. CLARENBACH, Case No.: 130299 12 Plaintiff, JUDGMENT QUIETING 13 TITLE TO EASEMENT vs. BY PRESCRIPTION 14 [CCP § 764.010] I5 THEODORE M. RYAN, et al., 16 Defendants. 17 18 This cause came on regularly for trial on October 16, 2006, in the above-entitled court,the 19 Honorable Thomas W. Kelly, Judge,presiding. Plaintiff DEBBIE L. CLARENBACH appeared in 20 person and by counsel, William G. Apger; defendant PETER L. RIEMANN did not appear at trial 21 after being properly served with notice of trial. Defendants WALLACE L. SCHWARTZ, 22 KATHERINE KRAMER SCHWARTZ, MONICA LEITHNER CHASE, ROSCOE DEAN 23 24 CURRIER, LONNIE R. YOUNG, BERTHA E. YOUNG, ARTHUR J. GROSS, MYRNA L. REED, 25 JAMES H. ALCOCK, TAMIE ALCOCK;CLYDE S. WILLIAMS, LOUISE H.WILLIAMS, JOHN 26 DEKERGUELEN, Individually and as Trustees of the JOHN AND BARBARA DEKERGUELEN 27 FAMILY TRUST, MARY E. SIMON, LANCE SIMON, WILLIAM J. BISHOP and CATHERINE 28 K.BISHOP, were properly served with a copy of the summons and complaint; said defendants failed 1 JUDGMENT i i to answer the complaint or appear and defend the action within the time allowed by law, and their 2 defaults were entered by the clerk upon plaintiff s application. Defendants named as"all persons 3 unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described 4 5 in the complaint adverse to plaintiff s title, or any cloud on plaintiff s title thereto, and DOES 1 6 through 100, inclusive" were served by publication, and no defendant so served has answered or 7 appeared to defend the action within the time allowed by law. 8 The court having examined into and determined the plaintiff s claims against the claims of all 9 the dL eridailts, IT IS ADJUDGED,rED, ORDERED, AND DECREED that: to I 1 1. Plaintiff has a prescriptive easement, 30 feet in width, for ingress and egress, as well 12 as a secondary easement for repair and maintenance and public utilities purposes, on Bean Creek 13 Road, as said road is depicted on that certain Record of Survey recorded in the Office of the Recorder 14 of the County of Butte on February 6, 1981, under Recorder's Serial Number 81-3947. 15 2. Said easement is appurtenant to the real property of plaintiff DEBBIE L. 16 17 CLARENBACH located in the unincorporated area of Butte County, California, being Assessor's 18 Parcel No. 061-320-028, more particularly described as follows: 19 The Easterly 225.0 feet, as measured along the Southerly line of the West half of 20 the Northeast quarter of the Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D.B.M., EXCEPTING THEREFROM that portion. lying Northerly 21 of Bean Creek Road. 22 3. Said easement burdens the following parcels of real property located in the unin- 23 corporated area of Butte County, California: 24 25 (a) Assessor's Parcel No. 061-320-016, more particularly described in that certain 26 Grant Deed recorded June 5,. 1980, at Book 2520, Page(s) 210 and 211, Official Records of Butte 27 County, California. 28 -2- JUDGMENT JUDGMENT I (b) Assessor's Parcel No. 061-320-021, described as follows: 2 ALL THAT PORTION OF THE EAST HALF OF THE NORTHWEST 3 QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 6 EAST, M.D.B. & M., LYING 4 NORTHERLY OF THE BEAN CREEK ROAD. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL 6 OF LAND: 7 BEGINNING AT A POINT ON THE NORTH SECTION LINE OF 8 SECTION 29 FROM WHICH THE NORTHEAST CORNER BEARS SOUTH 890 43' EAST, 80.00 FEET; THENCE SOUTH 498.63 FEET TO A T 9 BAR ON THE NORTH BOUNDARY OF A PUBLIC ROAD; THENCE ALOINr THE NORTH BOUi1DARY OF A PUBLIC LOAD, THE 10 FOLLOWING THREE COURSES AND DISTANCES,NORTH 76°46' 30" 11 WEST, 166.11 FEET;NORTH 59° 03' 50" WEST, 363.75 FEET AND . SOUTH 880 41' 20" WEST, 131.03 FEET; THENCE LEAVING NORTH 12 BOUNDARY OF PUBLIC ROAD,NORTH 31°21' EAST, 101.87 FEET; THENCE NORTH -3° 56' 40"EAST, 58.14 FEET; THENCE NORTH 130 10' 13 30" WEST, 119.51 FEET; THENCE NORTH 7° 07' EAST, 18.24 FEET TO 14 THE NORTH BOUNDARY OF SECTION 29; THENCE ALONG THE -- ---- ----------------NORT--H--BOUNDARY-OF-SECTION-29,SOUT-H-89°-43'RAST,-572:68--- ---- 15 FEET TO THE POINT OF BEGINNING. 16 (c) Assessor's Parcel No. 061-320-022, described as follows: 17 All that portion within the Northeast quarter of Section 29, Township 21 18 North, Range 6 East, M.D.B. & M., described as follows: 19 Beginning at a point on the North section line of Section 29 from which the 20 Northeast corner bears South 89°43' East, 980.00 feet; thence South 498.63 feet to a T Bar on the North boundary of a Public Road; thence along the North 21 boundary of a Public Road the following three courses and distances: North 22 76°46' 30" West 166.11 feet;North 59°03 50" West 363.75 feet, and South 88°41' 20" West, 131.03 feet; thence leaving North boundary of Public Road 23 North 31°21' East 101.87 feet; thence North 3° 56' 40" East, 58.14 feet; thence North 13° 10' 30" West 119.51 feet; thence North 7° 07' East 18.24 feet 24 to the North boundary of Section 29; thence along the North boundary of 25 Section 29, South 89°41' East, 572.68 feet to the point of beginning. 26 TOGETHER WITH a 10 foot road right of way for the purpose of ingress and egress the Eastern boundary of which is identical with the Western boundary 27 of Parcel described above. 28 -3 - JUDGMENT I (d) Assessor's Parcel No. 061-320-054, described as follows: 2 The East half of the Northwest quarter of the.Northeast quarter, lying 3 Southerly of the centerline of Bean Creek Road as the same existed October 15, 1969, in Section 29, Township 21 North, Range 6 East, 4 M.D.B. &M. 5 (e) Assessor's Parcel No. 061-320-055, described as follows: 6 The Westerly 233.50 feet of the East half of the Northwest quarter of the 7 Northeast quarter, lying Southerly of the centerline of Bean Creels Road 8 of Section 29, Township 21 North, Range 6 East, M.D.B. & M. 9 (f) Assessor's Parcel No. 061-320-056, described as follows: to The Easterly 223.50 feet of the Westerly 447.00 feet of the East half of the Northwest quarter of the Northeast quarter, lying Southerly of the centerline 11 of Bean Creek Road of Section 29, Township 21 North, Range 6 East, M.D.B. & M. 12 13 (g) Assessor's Parcel No. 061-320-065, described as follows: 14 The West half of the Northeast quarter of the Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D.B. & M. lying Southerly of the Bean 1s Creels Road, as the same existed on October 2, 1969. 16 EXCEPTING THREFROM the Easterly 225.0 feet and the Westerly 223.59 17 feet, as measured along the Southerly line thereof. 18 (h) Assessor's Parcel No. 061-320-066, described as follows: 19 PARCEL ONE: The Westerly 233.50 feet of the West half of the Northeast 20 quarter of the Northeast quarter, lying Southerly of the centerline of Bean Creek Road as the same existed on November 28, 1969 in Section 29, 21 Township 21 North, Range 6 East, M.D.B. & M: 22 PARCEL TWO: The East half of the Northwest quarter of the Northeast 23 quarter, lying Southerly of the centerline of Bean Creek Road as the same 24 existed October 15, 1969, in Section 29, Township 21 North, Range 6 East, M.D.B. &M. 25 EXCEPTING THEREFROM that Westerly 447.0 feet thereof. 26 (i) Assessor's Parcel No. 061-320-069, described as follows: 27 28 All that portion of the West half of the West half of the West half of the Northeast quarter of Section 29, Township 21 North; Range 6 East, M.D.B. & M., lying Northerly of the centerline of Bean Creels Road. -4- JUDGMENT JUDGMENT (j) Assessor's Parcel No. 061-320-070, described as follows: 2 All that portion of the East half of the West half of the West half of the 3 Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D.B. & M., lying Northerly of the centerline of Bean Creels Road. 4 5 (k) Assessor's Parcel No. 061-320-071, described as follows: 6 All of that portion of the East half of the West half of the West half of the Northeast quarter of Section 29, Township 21 North, Range 6 7 East, M.D.B. & M., lying Southerly of the centerline of Bean Creek 8 Road. 9 (1) Assessor's p--rcd No. 061-320-072, described as follows: 10 All that portion of the West half of the West half of the West half of the 11 Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D.B. & M., lying southerly of the centerline of Bean Creek Road. 12 13 (m) Assessor's Parcel No. 061-320-083, described as follows: 14 LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "KING'S LITTLE BALD ROCK SUBDIVISION", WHICH MAP WAS RECORDED 15 IN THE OFFICE OF THE RF,CORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JANUARY 29, 1981, IN BOOK 80 OF 16 MAPS, AT PAGES 57 AND 58. 17 (n) Assessor's Parcel No. 061-320-084, described as follows: 18 Parcel one: 19 20 A portion of the Northwest quarter of Section 29; Township 21 North, Range 6 East, M. D. B. & M., more particularly described as follows: 21 22 Commencing at the center of said Section 29; thence South 87° 51' 41" West, along the East and West centerline of said Section 29, a distance of 835.501 23 feet; thence North a distance of 72.474 feet; thence North 40° 33' 47" West, a distance of 385.040 feet; thence North 12° 11' 48"East, a distance of 183.202 24 feet; thence North 37°29'23"East 165.064 feet; thence North 22°47' 53"East 25 a distance of 139.571 feet to the point of beginning for the parcel of land described herein; thence from said point of beginning, continuing North 22°47' 26 53" East, a distance of 55.193 feet; thence North 04° 04'03" East, a distance of 143.420 feet; thence North 690 43' 07" West, a distance of 87.870 feet to a 27 point in the center of Bean Creek Road; thence along the centerline of said 28 Bean Creels Road the following 2 courses and distances: North 71°41' 07" West, 308.314 feet; thence North 65°49' 57" West, 144.407 feet to a point on -5- JUDGMENT I the West line of the East half of the Northwest quarter of Section 29; thence South 01' 58' 23" East along the West line of the East half of the Northwest 2 quarter of said Section 29, a distance of 397.879 feet to a point that bears South 3 870 51' 41" West from the point of beginning; thence North 870 51' 41" East, a distance of 461.932 feet to the point of beginning. 4 5 Together with a right of way for road and utility purposes over a strip of land 30 feet in width lying Easterly of and adjacent to the Easterly line of the above 6 described property. 7 Parcel two: 8 Being a portion of the Northwest quarter of Section 29, Township 21 North, q Range 6 East, M. D. B. & M., more particularly described as follows: 10 Commencing at the West quarter corner of said Section 29; thence Easterly 11 along the East-West centerline of said Section 29,North 87° 51' 41" East, 1326.94 feet to the Southeast corner of the West half of the Northwest quarter 12 of said Section 29; thence Northerly along the East line of the West half of the Northwest quarter of said Section 29,North 01° 58' 23" West, 1087.12 feet to 13 the true point of beginning for the parcel of land described; thence continue 14 North 02° 02' 28" West, 116.02 feet to the centerline of Bean Creek Road, as said road existed on November 4, 1969, thence Northwesterly along the 15 centerline of Bean Creek Road,North 65° 49' 57" West, 125.63 feet; thence North 35°45' 12" West 122.52 feet; thence leaving the centerline of Bean 16 Creek Road, South 87° 51' 41" West, 338.36 feet to the centerline of Bald Rock 17 Road, as said road existed on November 4, 1969; thence Southerly along the centerline of Bald Rock Road South 07° 38' 32" East, 275.00 feet to a point 18 that bears South 87° 51' 41" West from the true point of beginning; thence leaving said centerline of Bald Rock Road, 87° 51' 41"East, 492.10 feet to the t9 true point of beginning. 20 3. Each party to bear their-own.costs. 21 22 Dated: to - to - G� 23 t 24 Judge of the S erior Co rt 25 26 27 28 -6- JUDGMENT Debbie Clarenbach PO Box 36 Berry Creek, CA 95916 o ?2 Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Re: Access Easement Exception Request; DET08-0003 Mr. Tim Snellings: Based on conversations with County Counsel, Public Works, and Development Services, it is anticipated that a Condition on the above-referenced project would require acquisition of a sixty. (60) foot wide access easement per County code. As you may be aware, my property was illegally subdivided in 1969 without access. I have been working to achieve legal access for my parcel for several years. 'In 2006, a court recognized a 30' prescriptive easement for my property. It was very difficult to achieve this access, and it is not possible for me to achieve additional easement. This letter is to request an exception to the.sixty (60) foot access easement requirement on the above-referenced Legal Lot Determination. I am requesting that the Planning Commission grant an exception, and approve DET08-003 with a Condition requiring a thirty (3 0) foot wide access easement. Sincerely, Debbie L. Clarenbach Cc: Stuart Edell, Land Development Division, Public Works Department 5-048. 061-08-0—.10.13— 101-0 LAND .115fl COUNTY GENERAL 2.74 41-. 15 Impvts SCHOOLS 4.910 73.65 . PTN Y1-.HLF NE QTR NE. QTR 'SEC 29-211 Per.Prop. FIRE PROTECTION S & 1 .000 ..00 Property Location M,•r.E••m^��^^ LIBRARY .000 . 00 COUNTY OF BUTTE SPEC.IAL ROAD .000 .00 °'.n.. .•m.. BUILDING Z SUBDIVISILI� .000 . 00 1970-71 SECURED TAX BILL NET li50 BUTTE. MCS04UTO . ABT DIST '0153 2. 29 FOR FISCAL YEAR JULY I,1970 TO JUNE 30, 1971 FULL CASH VALUES FEATHER n I V RC E PK OT .274 4..11 See Important Information On Other Side LAND 61000 - c Impvts ate, Per.Prop. ' Z^ W E B B ER' I RN E - Sold to State .Certificate No. cle BOYD JACK CS" I" ELVA. M f 1779 SATTLE.R DR See Other Side CONCORD CALIF 94520 PAY THESE ® By DEC. 10, 1970 By APRIL 10, 1971 TOTAL DUE AMOUNTS 11111. 1 60 .60 2 60.60 121.20 Butte County's Assessment Ratio is 25%of FULL CASH VALUE 6% PENALTY 6%PENALTY 6% PENALTY Pay To: $3. C`�, �I A'C�/ $3.COST $3.COST D. C. J ♦tl INNE 0 T T T •o • e e e •e a •� e TREASURER&TAX COLLECTOR CHECK# CHECK# P.O. Box 151 Oroville,California 95965DATE DATE IF YOU NEED ADDITIONAL RECEIPT RETURN ENTIRE TAX BIL Agreement for Sale of Real Estate This Agreement made In duplicate this 28th day of November A.D.1969 ,by and between IRENE WEBBER her'inafter called the seller,and JACK S. i30YD and ELVA M. BOYD, husband and wife as Joint Tenants, as to—en—undiyided "' ceest, and $-. -ew'f91T and hereinafter called the buyer, W MESSETB:That the seller,In consideration of the covenants and agreements on the part of the buyer hereinafter contalued,agrees to sell and convey unto the buyer,and sald buyer agrees to buy,the following described real property,situate in the Countyof Butte State of California,to-wit: The Easterly 225.0 feet, as measured along the Southerly line of the Nest half of the Northeast quarter of the Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D. B. 6 M. EXCEPTING THEREFROM that portion lying Northerly of Bean Creek Road. DA This s to COrtify that if bearing of this ice, -9 oop.�;of �e�l®d � ��r �" this is a trt f �S ' r with a Butte Cour � Off Y;r_;i�,� Y Y'ev?a'�p�d��.i ek �ffTCO �./ .,C f, $}K•r'V'` r'C�1 t Candac.9 J. Grubbs } rs' . Butte CO ty Cl R tui'= , ltti=.a cr ' •': R BY �eplJtb i''if:3'•`:nl."t�.i�iit�,j>F .,.e b After Recording Return To: Irene WebberUw Only % Oroville Title Company eu1YE COUNTY-CALIF P!.'0.-.�f �lUpESl�a Mail Tax Statements To: QROVIIlE Tnu C M�'ANY Mr. 6 Mrs. Jack S. Boyd 6 OEc 15 114s AN 1191 Mr. and Mrs. Donald G. Cruise LOUIS(KLUEAN % Terry Greerty COUNTY REMER 1779 Sattler Dr. 82783 F ffj Concord, California 94520 Order No. 80644 AGREEMENT FOR SALE OF REAL ESTATE ,. • , !a •) EOOC For the sum of SIE THOUSAND BINE HUNDRED AND NOj100-----Do114rs, lk 6,900.00 ) ir.lawful money of the tlnited Stairs';pnynble,.s follows,to-wit: $500.00 down payment upon the execution of these presents,the rceelpt whereof is hereby ackuuwledged, and the balance ae follows, to-wit: The balance of $6,400.00 payable in monthly installments of $60.00 or more including interest at the rate .of 8%'',`perrtanntim Interest to start at close of escrow, first payment. 'due-; onei..maw ; thereafter. �s r,-�:•::.;,.,`>: �:{Com`;��.;� ' v <4ti t �iwrt f t 1 jR Fad S:ti d. SP t Additional payments may be made at any time. - I All deferred payments shall hear Interest at the rate of 8 per cent per annum,pnyabh- and If not an paid it shall,at the option of the seller,be added to the p-+t,cipal and bear n like rate of Interest.if any Installment of principal or Interest be not paid when due,then the whole of the principal and interest shall at the option of the seller,without notice,become forthwith due and pnynlde. The buyer hereby agrees to pay the said principal and interest at the times and in the manner herein I; mentioned. And the buyer further agrees to do and perform the followings 1.Pay all taxes and assessments which become a lien on the premises.Taxes and assessment+for the current fiscal year to be pro rated from date hereof. 2.Pay all Indebtedness Incurred by toe acts of the buyer,on,or which may become a lien on the prem. II Isee. & To provide,maintain and deliver to seller fire insurance entlafaetory to and with lass payable to seller.The amount collected under any fire or other Insurance policy may be applied by seller upon the purchase price or at option of seller the entire amount so collected or any part thereof may he relcnsed to buyer.Such application or release shall not cure or waive any default hereunder. 4. To keep said property in good condition and repair; to cultivate, irrigate, fertilise, fumigate, I prone and do ail other acts which from the character or use of said property may be reasonably necessary, the specifie enumerations herein not excluding the general. L Obtain the written consent of the seller before the buyer destroys any trees ot•makes any,alters• tions or additions to the Improvements on the premises. e. Not to violate or permit the violation of any law which might cause the closing of the preml.ca br any part thereof. 7. To pay reasonable attorney's fees'in the event that cult Is brought hereunder for the recovery of the possession of the above described premises or for the enforcement or breach of any of the terms here• of,or to clear this agreement or any lien done or suffered by the buyer from the retard.Said attorney's fees shall become due at the time of(fling any such action. And the seller hereby agrees to do and perform the following: , L In the absenee of default,to permit the buyer to remain in possession of the above described prem. ` face from date hereof. 1 & Upon the full performance by the buyer,of ail the terms and conditions hereof,to make,execute and deliver to buyer a good and sufficient deed conveying the above described premises to the buyer,free and clear of all encumbrances,thadu or suffered by the seller. 3. To cause to be issued a standard form Title Insurance Policy by OROVILLE TITLE COMPANY for the full purchase price to be paid for by the seller. It Is further hereby agreed: 1. That the seller shall have the right from time to time,to enter upon the premises for the purpose of Inspection. 2. In the event that the buyer falls to keep said premixes free of taxes,liens and assessments,or to hnure or to care for said premises,as hereinbefore provided,seller, without notice,may pay such taxes, liens and assessments,Insureneo premiums and cost of caring for said premises,and all payments made therefor,shall be added to and become a part of the purchase price and become immediately due and payable from buyer to seller and shall bear Interest at the rate of g per tent per annum until repaid. 3. That upon request of seller, buyer will accept a deed conveying said premises to buyer and will execute to Reller or nominee a promissory note or notes,scrun•d Isy decd of trust upon the said premises for the full amount remaining unpaid hereunder,which note or notes and deed of trust shall bo executed by enrh pemmns and be in such form as Is satisfactory to seller and shall,as to principal and Interest,cor- respond to the terms hereof. 4. Tlnl this agreement to not nssignnble In whole or In part,either by operation of law,or otherwise, without the prior written consent of the seller. B. That the imrformance by the buyer of all the terms herrof Is a condition precedent, whereon do. fiends the performance of the agreements on the part of the seller. 0. That the waiver by the seller of any breach of any teen hereof shrill not be a waiver of any subse• quent or other breach hereof nor of any term or condition hereof. 1. That In the event of the failure of the buyer to comply with the whole or any of the terms hereof, the arller efinll be released from all obligationa In law or In equity to convey said premises,shall be entitled to Immediate poeacesion thereof,and the buyer Shrill forfeit all rights hereunder and the seller shall retnin all moneys paid hereunder as rent and compensation for the use and occupancy of said premises. • d. That time is'of the casenee of this agreement. 9. The number of years required to complete payment under this contract: approx. 16 years. 10. Tax estimate: $30.00 based on taxes for year 1969-70. ,�-�s��.•..r.i>�'i°;�...:cam t �' y erre':Yws `. '_=f` .z �,•.� IN WITNESS WIMR1:0!'the parties hereto have executed this Instrument the day and year first herelnaboire written, STATE OF CALIFORNIA 1 . . .. .....--„Coamry o1 ��...�tiS.TB) Ss• I)MCIet.+r.AL T' o C1t01 M.MARfNAII 10OtA9.rusnc•tsuroeNIA r►o+irAt a010 IN before Tse,.....QA..Y../ld M.: A.sllQ'/!St a Notary Publ(e, CONTRA t041A COUNTY In and/or sa(d 0 N lIT Coy and Stotr,personally appeared s¢ccrl . .cQr�tat:.r. � o..Ar.................. 146. ._........._.......................................................... gene1eti5e"r l knor•s to+n.to be the Person..).rhos narnsl(rrA.rr(Grd to Jeck..s.�...�yd. ..... the rdthis Instrument. and acknowledged to me that'/~hflo' •'E1va...M ....Boyd- vere"red the rams, . � . . �. r� .............................. .._ noe.Ta Cruse Notary 1'rA((e QTDE R.VAMPAI I Rete Afy eve ss.ien expires........ ...7..Palk $srb•dr• ... ••Ci'Cii se � Mr Cemnreeton L�pm Aons t1,Cps _ , (T� GC�f�T 84D 01- tXXlr*ViT fr �l ip ka ...,...... ..,.-.,,,..n....,..✓u..r«dt::a.':uu,i:;.,�.w,.4.•.uVirii tiE KVl.wdh3ful11iAH3'biid^ ':'ih`9AW�'u f:ft Ail ::&1�t5 �a:ac.a�!e, t'A DATE1;•S.7i"w e This 38 W t—at _ '� r thiaes�MOftice,this Is ai'13e copy 01,1n.' ? wfth the Butts Ccuni S,e:v,uvi'!3E.i'`l �.Jt1Jt�iC� ,, { 5�,,'�„`>��`.vj�� ,"•5;x+ 1yew J. Grubbs Candace .�, 0. 9 e n C{e eeOfri . .`BO 4 • . Pub! RECORDING REQUESTED BY G 93 - 5 /3 - 5 6 3 4 5 Z 93-056345: + 7 3-056 345 I Rec Fee 8.00 I Cash 8.00 Recorded I Official Records I AFTER RECORDING MAIL TO County of 1 Butte 1 Candace J. Grubbs I i Recorder I j _ 1:00pm 21-Dec-93 1 PUBL XX 2 SPACE ABOVE THIS LINE t0ft RECORDER'S USE , I AFFIDAVIT—DEATH OF JOINT TENANT 1 y State of California, ( 11 SS. County of Butte i ELVA M. BOYD ,of legal age,being first duly sworn,deposes and says: That JACK S. BOYD --the decedent mentioned in the attached certified copy of Certificate of tJ Death,is the same person as JACK S. BOYD _ 0 named as one of the parties in that certain._ Deed dated _�� 19—, executed by Irene Weber t ��► to JACK S. BOYD AND ELVA M. BOYD, Husband and wife as joint tenants,recorded as Instrument No. on 2 l S 191-L in i Book 15-2_ Pa • of Official Records Records of Butte ;;y County,California,covering the following described property situated in the said County,State of California: �j The easterly 225.0 feet, as measured along the Southerly line of the West half of the Northeast quarter of the Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D.M. b B. EXCEPTING THEREFROM that portion lying Northerly of Bean Creek Road. 1� 1 , i That the value of all real and personal property owned by said decedent at date of death,including the full vahte of the:,roperty at"we described,did not then exceed the sum of S 0_ — — Subscribed and Sworn to before me ELVA M. BOYD 16th October 89 0 *'"'A this, dSEAL ay of.____.—__....._.._.._,t9_._ 0_ OrnCPlN?4 ^- R.MANN NOTAny pU8LII•-CALIF0nN1A j p1inUD�'0":�m Cn `:osb rimmV t sign) vw Mi Cmm�t�,lon 4Dtl�i• '4.10.1971 ---' NMxry I'ublir CommlufanrA A f aunty nnA Rtat• R. Mnnn r • • M. CERTIFICATE OF DEATHS B 3 4 S aTwre nLa NuwlaalT STATE OF CALIFORNIA _oc.a..mm,ro.amLc•. n.c...r.... IA.NAME Or OaCCO6NT-1.R I IS.MIDgO :IQ LA.T 2A.DATO Or 06AM P,OI.IK DAT.,up 12a,IGuO Jack Sidney Boyd I December 24, 1988 ; 1800 A 54A ewe6�ees n L YAMIIIN,i.K 6 Own Or aATI 7.wu ,ww 1.uw Iwo..:•wli,.. Male White/American �' March 4, 1932 DacaDaM P.r+n+.Au w wc.D.NT w NY..w eMnr�.0 w r•rMo la e.,n,Nw..e wwrMn,.c.w Mor.�w PO1sONAL IRAs w rOwOOw COJNOn DATA AR - Lucille Barnes / AF I IA.C__w Ila 1.D.,'uIm wA.[wa 1L II--M ;=;1 1L.-- NAMa Or SUSYMNO[Paws[a Ml arra w.Ar CwwlwT Mwn A..ON.DAnI.w OawTil .,wnl wA.p USA 19 2 430-40-4039 Married El.lra Malona IL AN—ODCwA— la Nuro w IW10 17.a ISI 0.01FOwOTq O..M IS.A"w 0 FNP a al.r1,0.0 r1.0 OoOMAto1 operating En inee 30 Local # 3 JOWrating Engineer's 1*A.u.uAL IIa.1DieIC6-6nlm•wMM IRIICar w10 IwKC11 O.10CAIgN 16a Zan N roww USUAL 1796 Granada Dr ' , �;, Concord R"OVICa 104.Covin ;IK a.. M NAMa ANO AMANO O/IN RNANT—.OA— Contra Costa ' CA Elva Boyd - Wife 21A.Puce OF Dun. 'ala courrn 1796 Granada Dr PLAce Cwwinity Conv. Center ' Contra Costa Cmicord,CA 94519 ow }0 OP a1C.0"Wr AOOAa1wID M U=& 'al O.WryT OD TO" ON010pt SAT" 1 1790 Muir Rd ' Martinez 21 PIIATN WAS CAYaaD arl J11—alt OMT ON6 WUN JIM uNa PON A.a ANO q ?•wY ourN MWRm IMM001ATa CAUNXATX TO CowONOII w G►9 R V!O /�Yl G H o Ni!R J AaIT� S riI .PP"O¢ CAYae �'a w�• Ou0/o.OA Y•CONla0..1Ci w o O W.Ta AL 26 wO 1 OP ""W MN aIN rO y (2 O N/�/C y DaATN ^+"m•^D 'a S S P 7 ed r S 9 H o. ONaary RA1M N0 M1001F OI/TO,ppY A COMMMICO OP Ab 26 wY MT>0T,aN011NfGT lrM cwr 4R. lu � / �•�/�'/"�O /1/ y Erb IQ O L/ , ✓h 0 DOATN �0 21 Onlq soPAr1CY,I CarMO1Y--CONAwUTw TO D4MI av1 MOI 11aArt0 M C_ONa 77.wY walwC TqN rC IIz0 iv wrlT COtoRCN P,—as Oa IN saw uo a'6TT.�_r =A.1 C— Tlur DOA- OCCusm Al n1[ 1 IDs Mra1C1AN—•tlulYl.•,O D.DIp aw Mv..120C.Yn a)�12aq wNa4Mf.YCOIY MIIYP �,� Noun OAr[ANO Pu.ea ar.—P.Dw r Cwo 1 n 1 I ar•rm ' 1. GL. (^' �Y 1/�f.� A Z % / CIANe IATTOID0000C0D0,1 aPe[1 1 LAR Yw O[CJafelr A•M' C>0[TiFlCA• tpl>01 Np o~TaJ ; IOT1v Ma Ow.TRJ � PNr71C1AN'i NAMa AMC AD011�98.41 �- T'o" /2- Z S- 8 , Jose R. Bassig Jr,M.D. 5153 Mission,San Prallcisco,CA ,(y'(ns, as Prow Accoon..IPraia Re as ruc.w.A.+,r al.u.,olTuwora saw D.nw.1,I•Ir�.vn+L Mr.nuA I saa Ilw.l awow..A- as LOCATION IRPnIT A,oNws ollocwrww AMD arm oA Tvw,• aL Oa1CRN,IOw nuUI.rOGCU11R6D P1orta wNCN aYrmwwAlT1 el• TON 1 co�oNara use aaA 1 C—TwT Dunt OCMIIm Ar n1 TIOIw M"•ro Pau WA—PNr lass COPIOIIO)a—.Ia.•n.1.w,o oaalu ON ltrV Ia6C.MA01WIm ONLY n1.CA—Wr A.11NUIlm R 4w 1 NAH 11x0 Aw 0NOu0Ry,10011ur40 1 1 NA —MYwK uf,nW AMC YO AOD.OYw an aw loR o�Alra•.ucor wul�aAro ra.ANA. Crenation 12-27-1988 Memory Gardens Crematory Conmrd,CA Not Embalmed ` AOA IlAwwru+aK o.lac'row loalp.gN.CT010Y.I,o."a NCa11aa N0. •1. I1[QJaDtPP—ailr!6. n.tcslmwlOUL z Bryant Moore F-873 =`''�- ' — 'r^" PDEC 2 7 I988C STATe A a c a a I P. REOMMINA Ze[tiiication This is to certify that the above is a true and correct copy of !acts Statement recorded on the death record of the above named decedent az registered Ein this office. Sio atura of Certifying Official Official Title Local Registrar Place of Certificaticn Date of Certification Contra Costa County Health Services..-. % ?ublic Health Division " Martinez, California JAN 0 f, 191ii s State of California, Health Services-Public Health DI.vision., Bureau of Vital Statistics END OF DOCUMENT "ti'fEC��,�l�F1➢Ra� .. !' :IA:,; .T�P�"w�r.rn7l��l'•Vu!T... , ... ........ ..._.._.._.. r,,..- ,4y C� ;:..x� ._.:.._... ..__....,..,;c,:•..t.., - .::uc+.:�..,::iv.,cavodetikiC�iik:ifu�dShc�llG�ti!`Lwtl�'aaid�aA�QF+i�"' �1__�v��b � DATE This is W CO.* jatr f;.he ��ng purple pip l Of his office,this is a l WF,W i���j!.�•��l�d:�EfWI([�t ll.�1�� � a�, ,f�'�J•t'':'ui/'���• /,�j' .{, ,�{��t�, a�J� Cfsun:�tF:�' 7i:4f;t �J tJ��C3 (t'v� �.t�'y��.+-..-v,.ar :'a.�,�t`�.:'�7a�1 t• w�the Bu" ti Y' ✓��^ 'a3 • Candace J. Grubbs Ba e R Ile eearl$ C ' " .•'< 6__ BY Put! RECORDING REQUESTED BY 93 -5 6 3 4 5 l�� 9.3-0563451' Rec Fee 8.00 1 Cash 8.00 Recorded I AFTER RECORDING MAIL TO Official Records 1 County of 1 Butte 1 f Candace J. Grubbs I Recordercy- I 1 _ 1:00pm 21-Deo-93 1 PUBL XX 2 ! ,t i • SPACE ABOVE THIS LINE 'CSR RECORDER'S USE { AFFIDAVIT—DEATH OF JOINT TENANT State of California, < E SS. County of Butte ELVA M. BOYD ,of legal age,being first duly sworn,deposes and says: That JACK S. BOYD the decedent mentioned in the attached certified copy of Certificate of f aJ Death,is the same person as_JACK S. BOYD named as one of the parties in that certain_ Deed dated 19� executed by--jxene Webber to JACK S. BOYD AND ELVA M. BOYD, Husband and wife as joint tenants,recorded as Instrument No. on f z I S 191-L in Book 1515_ Pa of Official Records Records of Butte �j County,California,covering the following described property situated in the said County,State of California: �j The easterly 225.0 feet, as measured along the Southerly line of the Nest half of the Northeast quarter of the Northeast quarter of Section 29, Township 21 North, Range 6 1, East, M.D.M. b B. EXCEPTING THEREFROM that portion lying Northerly of Bean Creek Road. 1: That the value of all real and personal property owned by said decedent at date of death,including the full value of the:,roperty atxive described,did not then exceed the sum of Ste= — — ELVA M. BOYD Subscribed and Sworn to before me this 16thAay of.October _.._.._19_89 4. orr,CIAt PERI _ I - A.MANN NOTARY VU6Lll'-ChLIFOnrlIA 15ignj w, MI Cimn:f,ian utplus• V.alt.19'R '-'----'-Mir-- Nnt�ry}'uCammhdonrvf id'County and State R. Mnnn i` All 93 56345 CERTIFICATE OF DEATH - C 0Z Z arwre•aa NureeA STATE OF CALIFORNIA .Dr.AI. ay.To.wml,cr .o clwn,c.n w ,w.NwMI o.DaeeoaNr—r.aT 1 Ia Nloela 'Ia Oar aw.DATa o+Dawn,IroNr..wT.,wn I as Jack Sidney Boyd I December 24, 1988 ; 1800 a au ��Acvcn+.r.n s a•...�uwr...c w DArs o�e.wn, �.wu +r..e..1. r..,..a•.awe Male White/American �D Ma=ch 4, 1932 56 a�w w DaCWCNT w N+a w ewnw.ca v s•r.a ro.ewn�N..r.,o rr�w.a.o.No.w — ►411aONAL m.n uA noll.Ior cwnww DATA AR Lucille Barnes / AF IIA. C__oa Ila+D.c—...a—w IS,III—aaeIAATT Nuro l a rA.eAl M.— 1.Nwre Da a1,A awuaa F,wlra.r,a w.wr COw,� NAnwn OM OwrH O[pAwCw .IwTII rAO USA t9 ro 19 430-40-40'39 Married Elva Malona 1•AFY BBC— 16.NVIIDDF>rawaa 17.cl+.eraa 0 aTAFWLOrtA MI./wT0 la""'Dv alollaln A aAlaMaa TI.a ooau.Anow Operating En inee 30 Local # 3 Operating Engineer's IDA.W--Alt—.W_—[Am Im..M IR[[R OR VO YIW Poo, raPoo, 1[C.Cj}.O.rOww USUAL 1796 Granada Dr ' , , L. ` Concord 11441DKNC4 I06.Ca 1 Iaa own a•„AMa ANO ADDAaaa DI INIOANANT—AOAMwM Contra Costa CA Elva Boyd - Wife 21A[LAC[OF DEATH 111•COUNrr 1796 Granada Dr KAe4 Comm ity Conv. Center ' Contra Costa Co:icord,CA 94519 Pop ala anl[[T ADDAam Aa --Toa Sa laTar.I.ro • :aim CIT/on Tn" DurN 1790 Muir Rd ' Martinez al DeAT1 wwa CAUaaD BY, A.T9.ONLT ONa GYaa MA,YNa aDlr A m AND CI u k wwa ouTr Avwrao IMM[DIAT11 CAVaa to CaAONaT calanall.I.AN:. U, C IQ/C A/o / U c I'1 o N�f R J tdrr� ,r/ii GY34 OYa ra OF Y A r:a.a.0.a,fJ OF W.ww" a1 wM.IO[ar—T OF .O.OI MH ww TD y C�C O N/Q/a y DUT1 T,a.rMAAn away lel S b -T P '� P r S / 9 h 0. oNan d aTAnra M vNoea- alio q O.u A COra►A1AlICa w Ar'D as wu AI,To.ar,all/OAnaal lrAn CwM IAn. D[ATN evi.ro di.4 y 6--sZo4i 1 $ho. Alt aa.OnAOI aAwwc-w cO.mwM1—CawIAwYTa,[To DIUM[Yr NOT It— D `W FI FUFBIap 41 wn CDra.ow w IfLI[as OA .. .22A 1� X/0 �9 S w 7'T.N i0 ,Y an 1Js a.A 1 C— T-1 0-- oEcu..m wT TIIa "a MTa1C1AM�wr+IAll+a ANo o.aAaa aw Tet�v.l sat.DAn wrlm 1 Zrn,wrwCjAwa uCaNaa•wAro Ary>)N MaAL DAn-Y F—S WAM a.DI,TIS CA 1 1 1 C1AN'4 ATTrOwaDaC—llt[1,w Yw Doc_AYra 1 �V (IL. ,` � y t 9 / c Cm1TIFlG- Da+Iq q M TAl I 1aNi,b OA.rlu = .hnlCU S NA,aa AND ADDA Tic" 12-23- 8 ' Jose R. Bassig Jr,M.D. 5153 Mission,San Frarteisco,CA aA nacor wCCCpr.al/C ll[TC. as I4aly RAAn aI.IwMrATwOIt LA aATt O.wMF^IO,IN dIT..aM Iasi ICl/, NaOAMA- i� TON !f LOWTN)N IfrwOTr wND wlAi1a11PGw,Cww,C CTWTOI.a aA OLTCJON MOw aYUAT OGCUA„aD al.wwa...tillwrATTm Nwwwn „} eowoNa•a 11-14 aeA 1 C* 11—T D.ATr oGL1IwItp AT nw NOI/L WTa Aro RALa aTATaD FIFA lea•Cppwq—..wwrl.r.AwoaiYMTAH laaa NTa alarm 0MLY T C-,w.VIATm Aa Aauwm [H ow IIw I NAVeAN 1p arowr aevTwATloa l I 1 1 N A —rON,1.DAT.TW NAV Awa A.OAaa.Oa awrw roar da-Alv.ucarr w,I�a wN..oNwnw ,•"'Cremation 12-27-1988 Memory Gardens Crematory Concurd,CA Not Embalmed �: a0A Nwred NwlgKOAraCTOA IOAICIriw wCTaA1.M RO.♦D•NCamaaNQ wl. A[OIpIM—O►rw[ /CCs,aD[ruXY x` Bryant 6 Moore F-873 �'� - •r-- ��' DEC 2? 1988 A • G 0. • ►. 4TATf ' 11[C114T1AN Ze'rTuication This is to certify that the above is a true and correct copy of facts Statement recorded on the death record of the above named decedent az registered in this office. Sibnatura of Certifying Official Official Title Local Registrar Place o? Certificaticn Date of Certification Contra Costa County Health Services*_*. ?ublic Health Divisiin 1 Martinez, Californiaa JAN 0 G Nit! ' State of California, Health Services-Public health J:rision., Bureau of Vital Statistics END OF DOCUMENT' "`'�L,. ,i?s�?`?£�J'�.''�,,,. ,.... ... . �... _ . ,,, .�A'4t4��' '°'`"�T1��'.1�car"'arL•$tl!Tn,»1rw.— ,... ........ ._..._..__.. a .... 93 - 56347 == RECORDING REQUESTED BY 93-0563471' Rec Fee 8.00 1 Caah 8.00 Recorded 1 Official Reeorde 1 AND WHEN RECORDED MAIL TO County of I ' Butt* 1 r Candace J. Grubbs 1 Recorder 1 Name Debbie L. Clarenbach 1tOOpm 21-Dec-93 I PURL XX 2 ;,° P.O. Box 36 slat.a t_Berry Creek, CA 95916 J SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO Name DOCUMENTARY TRANSFER TA%f _ COMED PUTON FULL VALUE OF PROPERTY CONVEYED, AA�a DEBBIE L. CLARENBACH OR COMPUTED ON FULL VALUE.LESS UENS AND utT a P.0 B 0 X 16 ENCUMBRANCES REMAMINO AT TIME OF SALE. ZIP.%a Berry Berry creek,CA 95916 J Sore d Deduanl or Apwa Oatam lnhq tax Fpm NUM Grant Deed ThisDeed, made the.................7th........................................................................day of J-IA ?g.....................................one thousand nine hundred and...ninety!-three................ �I . Between CHARLESE. LANE .......................................................................................................................................................... ...........................................................................................................................................Grantor and..DEBBIE..L.. CLARENBACH................................................................................................... ..cc'"rj ............ ..K..r...L1....'3-0...............................1...........................................................................Grantees Witnesseth:That the said Grantor,in consideration of the sum of r,Three••Hundred ($300.00) as said last ............................................................. dollars, lawful money of the LJnteci States America,in treceipt whereof is hereby acknowledged,do .-9.... by these present grant,b Caiuw,,.a�nd aell unto the said Grantee and to...hgr........ heirs and assignsforever,all „•rrr'r•3" '�'k r*k....rj SS,.............. ................................................................................................ ........r� kms^ .�t'A ......... th At..........certain lot........... ..piece............,or panel...............rr.-mN1:oAzXXUe 41'ii the ....................................County of...Sut te........ .,State of...Ga�.i.IEGX�?i.a.. .,and bounded and des:ribe as follows: The Easterly 225.0 feet, as measured along the Southerly line of the West half of the Northeast quarter of the Northeast quarter of Section 29, Township 21 North, Range 6 111 Tyro document is only pteAna110M D w M.D.B.M. 00p"r EXCEPTING mple ansa THEREFROMaand Iway i .are WAVILLW td aL u a iiW w tlying ft d an as tm",Tt* 1 OMte,ops,MI mei.any wananry..rllmr e.cxeaa a,mPlN/d,to to pN MQaI valddy OI any PlMaga a tM usuaany d UIaN forma n arty aPat:,pt:Nanaamn f'ma4lan'c M+rtn W 4Rd'=11RA.NT DE2 1)ICCR�e 8N'1i..:IRuti31A4iTAeb,•militTpprigwtt Rsd.UA4i .... ... ...:.. ...c i �I I 93 -56347 Z r of Bean Creek Road. Together with all and singular the tenements, hereditaments, and appurtenances thereunto 1 belonging or appertaining,and the reversion and reversions,remainder and remainders,rents,insues,and profits thereof. To have and to hold all and singular the seid premises,togetherwith the appurtenances,unto i the said Grantees,as joint tenants,and not as tenants in common,with right of survivorship,and to the heirs and assigns of such survivor or survivors forever. i In Witness Whereof the said Grantor he...........executed this conveyance the day and year first above written. Signed an4 Delivered in Wpre,' nce of 2& /................. ............... . ........... .._............_.......................... i ..................................................................................... ........_...._......................__......._............�........ :to `c EN � 31 I 31 l :W ar —State of California, On... .. J!`^..L'.Q,3. ,before me, br%.m. L:Im.^.:ar , Su'fe�2 as, personally appeared...C,f.W.to...&–L.4aAf..............personally County of............................................ known to me(or proved to me on the basis of satisfactory evidence) i to be the person(e)whose name(s)Ware subscribed in the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(les)and that by his/her/ 017ICL►L BYAL their signature(a)onthe instrumeatthe person(s)or the entity upon Ann M.Clemmer behalf of which the person(s)acted,executed the instrument. AM DURA•oAUPOWtu WMMCOWM Ay oemw iglr«Aus.Y.IM WITNESS pay-hand and official seal. Signeure... , );::. !� -- tlw,d ,«ur..N,.ywrrdMn«him.rMP•Wrkru..n..rywV.n,.tlbn,.rolnro«.r.Cb.aMll'1Mtow,no*%ftwh twVveROMda..rewrorn. prmrw nw r.w rw•.••q w.n•nry pprr.•pr•„or•n,.M1wrl.n,m.«bp•I v1•Mlr.1.nr p—s—N p«*YMbM/M VON Ip %"MY M.f11.h614.90M ' flrwrb N..MIR,11 Nn MM—I:RAKI'IIKCUI(:GN M.a 6K11-11{.w 1/k'U 1A•►no«hq,nq,p,t IM..iAMlt-;-::.: :- ::....r:......... ...._.. .� FNo OF DOCUMENT f �ccot,oiHo�►oucsTco -:::�::,. �.��;;:;-� y [/��►s•�:' — . f� ;:�'.�% `. � %• •amu. 1 ORDER ... 'Fee O6 ./3 . - ea Retr 3.00 -'?_t�. 1.'. SPH M:.-......,::: :,":'. � :�•i�^I,,... .. .. .: '?"• wN[N wit OwbfO w�lL •O ... .�-::"�;':.ReQCldld: �' . OfficialRtlloordea V• County Butte' I Debbie L. Clarenbach Name Candace J.P. 0. Box 36 Grubb• Berry Creek, CA 95916 Recorde Addr.n 1 f 00pc1 21-Deo-93 ..1`�: PURL XX 1 tate SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed I .• ..:1:... :.�.. `: 1 2.1 The undersigned grantor(a) declare(a): t a z Documentary transfer tax is t..._.._......_.._.... computed on full value of property conveyed, or j ( ) computed on full value lees value of liens and encumbrance[ remaining at time of sale. i Unincorporated area: ( ) City of..........._.._.._.._.._.._.._.._.._.._.._.._.._ '�' ?� , Realty not sold. � FOR A VALUABLE CONSIDERATION,receipt of which Is hereby aclrnowled P Bed. ELVR M. BOYD, a widow =s� ?• hereby GRANT(S) to DEBBIE L. CLARENBACH, her daughter;'•' ' ';::•":' :tom,• �::. t that property in Butte County,State of California,described The Easterly 225.0 feet, as measured along the SoutherlylineYof the West half of the Northeast quarter of the Northeast qugrter of:,Section 29, Township 21 North, Range 6 East, M.D.B. 6 M. EXCEPTING THEREFROM that portion lying Northerly of Bean Creek Road. 6,v% o R T•A<�,i 17.t_�l� !•i d� Mlk - + Mail tax statements to address above l��• . Date October 16, 1989 _ STATE OF CALIFORNIA l ELVA M. BOYD 5 t I COUNTY OF Contra Costa SS. October 16 1989 On + before me,the undersigned, a Notary Public In and for said State, personally appeared. Elva M. Boyd —persouliy kn,rm 1, •.,a (or proved to me on the bads of satisfactory evidence) to be the person_w)t„" came is ` '...,. j subscribed to the within instrument and acknowledged that she executed the same.Witness my hand and official seal 0MC1AL MAL R.MANN NOTARY PIJBLIC CALIFORNIA 5lansfure Pilre mm My Co R. Mann ltsim Expires Air-It 174E 'r.`••..:°::.•:. I , \,me -Typed or Printed) 0- Tll�-f: Cowit V !%f 1 .im"11 14. ri RECORDING REQUESTED BY.AND -Butie i�."4110 P -.1r" j WHEN RECORDED RETURN TO: ;'Ra LIB3 WILLIAM G. APGER -kip 3 Attorney at Law SBN 142992. 4 686 Rio Lindo Avenue Chico, CA 95926 Telephone: (530) 899-9575 Facsimile:' (530) 893-8245 6 7 Attorney for Plaintiff 9 10 Z7 H 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF BUTTE 14 DEBBIE L. CLARENBACH, Case No. 132099 15 Plaintiff, 16 vs. 17 18 THEODORE M. RYAN, et al., 19 Defendants. 20 21 22 JUDGMENT QUIETING TITLE -23TO EASEMENT BY PRESCRIPTION 24. 25 26 27 28 JUDGMENT l 2006-0045858 When rccordedmail to: Heco1r.�� �ff��i�l 8ecor�s ! County oz / William [}. Anger 686 Rio Lind0Avenue ` �AHUACE J. G3�8BS / ��osty Clerk����r�er! Chico, CA 95926 / ' �ou Documentary Transfer Tax$O]00 R&T Code Sec. 11911 -.~–'� of– D ~ A.P.#061-320-011 GRANT DEED,EASEMENT FOR A VALUABLE CONSEDERATION, receipt o[which ishereby auknowledcod, THEODORE M. ���4und �\����� ���� hu�a� �� ��e ' � � �� ' -- Uerebygrunt to DEBBIE L.L. CL&RENBACB the following described oon-exc|uoivo` appurtenant nuaomoontfor ingress and ogn:nx and public uh|idux upon and across the real property situate in the County ofButte, State ofCalifornia, described as follows: /\neasement along the southerly line ofAJxNO6l-32O'Ol \ for the purposes nfunon-exclusive private easement for ingress and egress and for public utilities, being uportion of the land of Bvun as described in the grant deed filed in Doc. 96'12290 in Butte County Records situated within a portion of the Northwest quarter Section 29 North, Range 6 East, M.D.M.,the southerly sideline ofwhich being coincidental with the southerly line nfthe land of Ryan and more particularly described as follows: Commencing at the West quarter corner ofsaid Section 29; thence along thoEuut–Wuxt centerline ofSection 29,N87^51` 4>"E. 1326.94feet tothe Southeast corner ofthe West half of the Northwest quarter; thence northerly along the East line nfthe West half ofthe Northwest quarter N2"O2` 28" W. >203.l4feet tnthe centerline oyBean Creek Road; thence along the said centerline N85"49` 5?" W. l25.63feet;thence N35"45` 12" W. \22.52feet tothe southeasterly corner ofsaid land the true Point ofCommencement(9OC);thence along the southerly line of said easement 887^ 5l' 4|" W. 3O8.30feet tofound rehurRCE l73OOPN; thence continuing along said line 387^ 5\` 4l" W. 30feet tothe centerline ofBald Rock Road;thence N ?^ 38` 32" W. 30.14 feet along the centerline ofBald Rock Road; thenceY4 87^5\' 4(``E. parallel to the southerly line ofsaid land 289.\4feet; thence Y454^ l4" 48" S. 20.77feet; thence 835"45" 12" B. 53.82feet tothe true Point ofCommencement(P(}C)ofsaid easement. See Exhibit^�A"for further delineation nfsaid easement. See Exhibit"B" for further delineation ofthe 5Ofoot access around the pole utthe southeasterly corner oysaid easement. MAIL TAX STATEMENTS TO: Duhhio L C|urenhaoh, P.D. Box 36, Berry Creek, C&959\0 l i This easement is appurtenant to that parcel of real property owned by Debbie L. Clarenbach and described in that certain deed recorded December 21, 1993, as Document 93-056346, Official Records of Butte County, California, A.P. #061-320-028. Dated: — Zk— , 2006 Theodore M. Ryan Kathryn Ryan State of California ) County of On 2 G u ,d , 2006 before &'o 94_ /7 /oiJp e/S(?,g ofw, dYc T7qJe 5✓ PC t ! C. Notary Public, personally appeared Theodore M. Ryan and Kathryn Ryan , personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names ys7are subscribed to the within instrument and acknowledged to me that k//_•ie/they executed the same in.J,iiis/Ja r/their authorized capacity(ies), and that by hiS`/.xT their signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r r URUDYA,RINDLISBACHER COMM.#1604226 3 D NOTARY PUBLIC•CALIFORNIA6) COUNTY 0 Signa re '�+ - COMM.EXPIRES SEPT.3,2009 (Seal) 2 AdEkk EXHIBIT "A" 1 APNI 61-320-82 LOT 1 6" O APNo GI-320-83 PGL 2 � 1 �" LOT 2 ' -V , U PRIVATE ACCESS EASEMENT BETWEEN BALD ROCK ROAD AND 1 n ' \ BEAN CREEK ROAD \ s June 12, 2006 PGL 3 it. I t j s�o APN 61-320-11 1 ' THEODORE M. RYAN �, \ + . KATHRYN RYAN DQC No 96-122q0 '•.•FND DRl�L STEEL 1 ! �,��;•' RP • 20.00' N 870 51' 41"E, 289.14 ft_ �� } OG N 70 38' 32"W, 30.14 ft. Do- Access Easement 30 ft. A, 0 336.36' .•� I •, 'S 870 51141"W 52.12 ft •FND 5/8'REBAR ` .,Cr 17300 5' BlJRIER 1 RP 0 30.00' GABLE EA5MENT � �'• ,rye ` BEAN CREEK ROAD ► APN 61-320-84 N 8751'41' E 1326.x4' g 30�2q EXHIBIT "A" ` r- EXHIBIT "B" Calculations of the South East corner for Non-Exclusive Easement on APN 061-320-011 between Bald Rock Road and Bean Creek Road, Butte County, CA 95916 � N • v M , a r CP �. k=289.14 ft. �J b ��o e , .• d N 870 51' 41"E T J90° �� ...:_.. . �•j �JJ 30 #'t. AccessP � • J MEasement s� Guy wire—+ Tele.Pole F ut, o 00000, S87°51' 41"W, 338.36 ft. f c g= 52.12 ft. X1 _ (70 38' 32"+ 870 57' 41") - 90°= 50 30' 13" a= 30'/cos x1 = 30'/0.995 = 30.14 ft. d= [a2- (30)2]'/2= [(30.14)2- (30)2]'/2= 2.90 x= (900 - 35145' 12") _ (90° - 87° 51' 41") = 56'23' 7"; cos= 0.554; sine = 0.833 c= m cos x = 53.82' x-0.554=29.82'; p=m sine= 53.82' x 0.833 =44.83 ft. e=p-30 =44.83' -30' = 14.83'; 0 = 90°-x=90°- 56°23' 7"= 33°36' 53"; tan 0 =0.65 f= e/tan 0 = 14.83'/0.665 =22.3'; g=f+ c=22.30' +29.82' = 52.12 ft. h= [fz+c2]'/2= [(22' —3')z+ (14.83')2]%2 =26.77 ft. Direction of"h" eastward=N (90°- 35'45' 12") E=N 54° 14' 48" The southerly boundary easement length= 338.36 ft., Bean Creek Road Centerline (POC)to Bald Rock Road centerline. The northerly boundary of the easement portion parallel to the southerly boundary has a length from Bald Road Road centerline "k"= d+ 338.36' —g=2.90' + 338.36' — 52.12 = 289.14 ft. •.c -w-...c.• -cIi7 i ,ar.•ea,.�.a•, �*c•,®,.ca..ssa,,:®,.ca,cs�,aro,as�. ,a�e�„� ...,.w. '••rs...a,.w�, .c^�•,m'a„em. ,�r,•¢x•,�.ma•.a:-�•+�:�--+x::..w:.w:.�.,ee�ma_m+,n�v,^'+ 1 tm j CHICO OFFICE PARAMS9 017PIC.E 1' A 109 E45f SThI STREET F�F 6140 SKYWAY P,O BOX 3037 -• P P. O. COX 49U ' TELE-r!ONE 7343-3553 TE!.EPIatlPiE 077•6a67 Oruyalle, `1 ides (,,'jonipany ! Y 1835 ROBINSON STREET -c- TELEPHONE 533-2414 0ROVII.LE, CALIFORNIA ,?5965 Y r��IB(3Qc'3f� Et7BBiTB TITLE INSURANCE AICD 'nius,r cor-oPANY � The following; Is a report on the title to the land described in your application for a Policy of TWe Insurance, and is rna� v:ithou? liability. It do^s not include an examination of and the policy of title insurance will not insure t;{;ainst lass by reason of 1. Ta.xas or assessravrits wl-ich are not shown as existrn„ liens by jim records of any taxing' ,uthnrity that leVl<:5 tt3xe, or us,cs ments on real property or by the public records. ! 2. Any [acts, rights, interests, or claims which are not shown t try )a* P � the pubbc records but which could b, osccrtaine i J it p^ction of said land or by making inquiry of persons in possession thereiA. J x. Easements, claims of easement or eneUmbrances which are not shown by the public records. i� 1. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a currect survey wou.11 disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or In Acts authorizing; the issuance thereof; water right::, claims or title to water. 6. Any law, ordinance or governmental regulation (including but not limited to building and zoning 4--ildhiances) rstrictingi, regulating or prohibiting the occupancy, use or enjoyment of the land, or the character, dirnensions or location of any improvement now or hereafter erected on said land, or prohibiting a reduction in the dimenslong, area or separation In ownership, of any lot or parcel of land. "PUBLIC RECORDS” WHEN USED HEREIN MEANS THOSE RECORDS WIRCH MIPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO SAID LAND. y ¢ TO Ni1Pr bor A � F y t t 1 v � g OROVILLE TITLE CORA PA"V, a corporation, horeby reports that title to tl,a land horeinef#rr ieacriwaii is on ... October 31, 1969 at 8: 30 01clock a in � 4 IR:s TE MEBBER In additions to the exceptions spawn herein t1to sold land is subject to tatters s1l.uwn on the following l agez. POVI`I'. .0 ®Pull_,A.,�mm- I. By .............. . . ...... ..... ! Vice-Pred&nt ..!'.. `�o0.•era..�,.s•m.•cue..u-.oe:.�D„ea,wy.•e.9„az.,e�H,cesae�„�.,+emoab,,,•n,aa,wra.,eTA.¢•,•,o�a,R,O.,�i+.maot,C.,:,•.•_,o,..aoaste„1':."+.-lyi.,t'�,Ye,¢.wb.;:'.� i {^ Pnwo t Cnndn.-A fO1012.1 A3 - -- TT7, r Zolifornio Land 1L•in Associotion ' S C it E D U L )✓ A;fandurd Caverae - Policy-1963 Premium $ n Effective _. ..: :_..�� 1 '•: . ; AI]]011nt 3,�' e ✓ , �1�.: .- it 9 !. ,..•^r Date --u�-- •i$ Policy No. r N S V R E D e,t..�_..� i)a _. '.___`i • • i 1 L. Title to the estate or interest covered by this policy at the date hereof is vested in: 1 t 1 S r, t: f. • i 1 r 2. The estate or interest in the land icscribed or referred to in Schedule C covered by tLis policy is . f a fee. i. ' f 1 1 I. S {: SCHEDULE B £ , This policy does not insure against loss or damage by reason of the fallowing: ; PART I P 1, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes of asses3tnents on i•::al property or by the public records. 2. Any facts, rights, interests, or claims which are no: shown by the public records but %.-hick could be j ascertained by an inspection of said land or by making inquiry of persons in possession.thereof. s 3. Easements, claims of easement or encumbrances which are not shown by the public records. i C Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts m.-hich a s correct survey would disclose, and which are rot shown b_v the public, records. r 5.' Unpatented mining claims; reser�rations or excentions in patents or in Acts authorizing the issuance thereof; water rights, clain{s or title to water. t � 7 TO 1012.18 Cant. C Culifarnla land Titlo Aieoclatlon .: i% �1+' 1`� St„nJord Coverage PollcY-Iit6J " • .-�� •.r; .S is H k: l) U L E B — (Continued)s. - • ?ART I' u?lto of 'tie publ;c o or so trach of the heaein described property 25 az iieo Wi',riUn tie- 1.1.-aes of aay �publ.ic road or AJ Gl way® 2® Re.sexv ate ons a z� 'con t:a ned In ILe Teed .£ro:-a Soa vli xrr� �aca f is Land ::. 2. a cornom pionp to Clmrles CUza9 ct a-15, recorded June 6, 2-'-'47 J n Dook 418 of RL1.1-t2 rlc',:tv Clf=J^.i al 'ecords, at a.-C 3!>70 i%,�••� �,,�i =Cc-i Vcs �— -.,--t v ITS,` �+:::! .�.:.�v j7' Y��� .r'.,~i ,�i uv-1 , i vu iJaZCCt:Cwt7ra5' V..-d awis3.�(�;�j..;.l4 � V 1J.���V JJ/,V.L.0:L.•ii1JL V f♦011..'9 .L.gV�tS:JIT'�_Y.) �•f i+uT,n 1 V U� v-1...,:fbcrr C..AS'..l. o it..-♦n,...4'. Nim-ber product-0 �:.:11,a emaii)-::n Y ramd mn cl-a :Cd L-I 10.- :L- - O's'^,rcn 010--' Pd-M ^�Cr O^.�'i t1C; ���i;: il�r C?i3 deoCr–ibect9 s '_^ovlc:ed v:.o.G no i--roe of timle in2 the ev-Cl cise of such"-- -:.iali bG CLoet.:ied t.7 bt', a-a a:im2,u.oXIL'1ent thereo2 nor a ves i tare of an f. ad-v'C:�.'se �. ;�li. in 'iho zeco.ad -DO iILYq their tae�...,t:s of a soi G;aij il0c V10U 0f aay r a a c orri. a-14-s of ;ay to be us:---d la the c;..-;- .. I elveise of said ViJ iia Fls e oedescribed in said Deed, L ,� Deed of r'i.ust secn it p�f'7.'�..nt of "C451', � c^..21d othtrr obliC;ations �+. , 1 '_,. .. •.roti+ ''T};� 7 ? , !•� •� i r ,9 / f`S o y�o J:.t. G v e v�.: �>rO l c ._ ! c.T� iC_,:1 lie c1 U_L1►:OT1 Iii Al C ti0 l'�►'JZ7:�.�E,' `�`?i:iL 00. :.^,LzvJy a co? flruci n�z� rUs-U e '--Id Leo S-oeCkf.rt and t ;',-r J- -1 a I 1„ ' 1'• lye ) Ili 'p.iJlti:S E'.r 6r� �t�lt� «+Vu1.`+:.' e3:i\:C:tir►lp.i�.:� �1i1 l.0 Ci.:J LC'1.ai�:J .i a.-I ..�L11+7� ` ✓ .l .s��'..i_:.a.,I` s� li: dL�.d uLIy 33$ 7J.i� 1 �{.'.7i.tiC.C. !.Ji�,.� C:58 ..JJ1' it �ilrC . 1516, of .�.ultty Cou.11� U.3.L 3.�i.i GL.i. i.i-i+o�t��.'sv9 6�..8i r,4, �: r1Qg .�i.L�+lIwU.G+a�' . Other r .l a-llde T Decal oZ^ ref' r.ay-- rit o i?4.9 543,, 6 c-ad 'Vthcr obJ. L-a i-imo s I from Cl 1'-iil\:r'.._ o L°:ori Ca to ,C0 9 Cad �oJi v C. v0_i�?_�,0� c�r'!4l. 1 �1,�'1C?�. m c .?:s::`':^<1p tlj `�i T'i=:LC9 c::..'3 e1'v7..:(l�l: D .�G'?.?x lusy liC:1C.i?C'► ZC:;o c^t:iu cl'tUJ' 31.9 cord :d ue pJ(iG'Ti or 3. O Colo ;i;y Cif C:��3�. 1'►ecordo, tstli pc"T.�`'e' 7 S2o ,r ., n- t+ >, .Z�Clud , atilie1 1.�:�ltlA 5s is rcoment of 01' e by C.:.J6u bctvteen Ircae ;iebber9 Seller and Jac]: S, Loyd and 1:.�tw ::0 Do-- div iill 0C-X-IU 0--'Id I;i�'v y c^a i if o:--a t'. :>c,,Ym-,it-s Luyeroo cat-cd ..ovc 'L-cr 2 s :� °u J9 ��-Cor cd 1 �;CCWbC3° 1.5lir9 lr s under i::zttc� Comity Leco::der'a Serial iaoo 27��, . i I } i i . i { a ' •� ��°�,�'X�I�CU T.O�[1 l.tl1'G7 NV11C�/ _� v '1VC; LUSL WSe Ywt+ g.�rti o ert 'I , � .rtain -realo p y .�ltuate in tYie County of Butte'- ��nte de scribed as follows: `' gyp, i;,�scerly 225.0 feet , as measured along the Southerly line of the �t half o f the Northeast quarter of the . Northeast quarter of Section ' ;9, Township 21 North , Range 6 East , M.D.B. & M. i .. F;tCFP'rItiG THEREFROM that portion lying Northerly of Bean Creek Road. j s r _ � ,�"..e:' •aedyin�`7.L`� �uEiO.S` 4y",Y�'� :!f4��X���:3T.;���? .�i�;?s'jt'i2r��%�l4l "@ .s pc:.s�.:i►.i►�rinry c)13D.1"R NO 80644 All that `Certain real property situate in the County of Butte , State of California , described as follows: :he Fasterly 225.0 feet , as measured along the Southerly line of the gest half of the ,14ortheast quarter of the 'Northeast quarter of. Section 29 , Township 21 North , Range 6 East , M.D.B. & M. THEREFROM that portion lying Not therly of Bear, . Creed I:oado ' V C , .!C + � . � . . ' y'. 5 F ��. . 'r "i r�, .�, _ _ .��; �•ie � ' n,. r';� ' �'_'� ;��f�.; �;; ;+ i ' .. + L^.,.; •"s '�: `'� � � ,. z�. j:{� s . N__ � - s r i _.,YJY l II�,3� .. IP, ' � ' + f'. �. f{ i, '' � . i �� ,� � '� , �. � � � � .. .... ••.•og sups•.,•• BOARD OF SUPERVISORS f31LLcoNNELLY o "'••�l}•. First District JANE DOLAN Minute Order No. 0809-016 Second District '•..,•co. ,•o MAUREEN KIRK Third District CURT JOSIASSEN,Chair Fourth District KIM K.YAMAGUCHI Fifth District MEETING DATE: April 22, 2008 ITEM SUBJECT: Waiver of Application Fee ITEM DESCRIPTION: Consideration of a request submitted by Tom and Debbie Clarenbach for a waiver of the application fee in the amount $2,883.80 for a Certificate of Compliance. BOARD ACTION TAKEN: PURSUANT TO BUTTE COUNTY CODE SECTION 3-40.5, THE BOARD DETERMINED A PUBLIC INTEREST FINDING CAN BE MADE TO WAIVE THE $2,883.80 FEE. VOTE: Ayes: Supervisors Connelly, Dolan, Yamaguchi, Kirk and Chair Josiassem. Noes: None. Absent: None. Not Voting: None. Unanimously Carried. CERTIFICATION: I hereby certify that the above action was taken by the Butte County d S isors on the date listed above. b ath Mogh am, Associate Jerk of the Board 8, 2008 ,.. C 5' ` SIAM lN3WdO73ARG 9002 6 0 AM R cj' IY �1 h P.. • BUTTE COUNTY •LERK OF THE BOARD USE ONLY i= 91 BOARb OF SUPERVISORS MEETING DATE: AGENDA TRANSMITTAL AGENDA ITEM: AGENDA TITLE: Request for Fee Waiver—Bean Creek Road/Tom & Debbie Clarenbach APN:061-320-28 DEPARTMENT: County Counsel DATE: April 16, 2008 MEETING DATE REQUESTED: April 22,2008 CONTACT: Felix Wannenmacher � PHONE: 538-7621 REGULAR X CONSENT DEPARTMENT SUMMARY: Debbie Clarenbach requests waiver of the application fee for a certificate of compliance. A Certificate is required when a parcel was not legally created. Ms. Clarenbach's property was illegally created in the late 1960's by Charles Lane who was criminally prosecuted for his action. However, Mr. Lane failed to provide access to Ms. Clarenbach's property, and did not pay the cost of getting a Certificate which.was done for other illegal subdivisions. Consequently, Ms. Claranbach was left in a worse position than other property owners under similar circumstances. REQUESTED BOARD ACTION: Determine whether a public interest finding can be made under Butte County Code§ 3-40,5 to waive the$2,833.80 application fee. AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL AND TWELVE (12) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No X Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda deadline) Will Proposal Require an Agreement: Yes No X Auditor-Controller's Number(if required): 4/5's Vote Required: Yes: No: Ccunty Counsel's Approval: Yes No )1V,.' 'Proposal Require Additional Personnel: Yes No X ^ t� Received by Clerk of Board: arr.ber of Permanent: Temp Extra Help _ 'evious Board Action Date: Additional Information Attached:Yes No 'escribe: Rev. 1198 Rev.1/98 SRCIAL INSTRUCTIONS TO CLERK Number of originals required to be returned to Department: 1 "Please Note" Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Fundinq Source Source of Additional Funds Requested Estimated Cost $ Contingencies $ (Fund Name: ) (Fund Number: ) Amount Budgeted. $ Unanticipated Revenue $ (Budget Unit Number: ) (Source: ) (Fund Name: ) (Rev.Code: ) (Fund Number: ) �th0r Trans"er's; $ 1. Complete worksheet below 2. Deadline is one business day arior to normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost$ if also planned for next year.' Budget Transfer Authorized By Administrative Office Board Action Required for B-Transfer? Yes No Authorized Signature Date BUDGET TRANSFER REQUEST WORKSHEET Transfer Request: AMOUNT LINE ITEM LINE ITEM Transfer$ (No Cents)From To f Transfer$ (No Cents)From To Transfer$ (No Cents)From To Transfer$ (No Cents)From To �uT TF OFFICE OF THE BUTTE COUNTY COUNSEL 0 0 0 0 0 0 Phone(530)538-7621 0 - 0 Facsimile (530)538-6891 a = .:� 0 covNty INTER-DEPARTMENTAL MEMORANDUM DATE: APRIL 22, 2008 TO: SUPERVISOR BILL CONNELLY SUPERVISOR.LANE DOLAN SUPERVISOR CURT JOSIASSEN SUPERVISOR MAUREEN KIRK SUPERVISOR KIM YAMAGUCHI FROM: FELIX WANNENMACHER, CHIEF DEPUTY COUNTY COUNSEL SUBJECT: REQUEST FOR FEE WAIVER- BEAN CREEK ROAD TOM & DEBBIE CLARENBACH APN: 061-320-28 Debbie Clarenbach requests waiver of the application fee ("Fee") for a certificate of compliance ("Certificate"). A Certificate is required when a parcel was not legally created. Ms. Clarenbach's property was illegally created in the late 1960s by Charles Lane ("Lane"), who was criminally prosecuted for this action, as discussed below. One of the required improvements he failed to provide was access to the property. Access was not provided through the court proceedings either, and no funds were allocated for getting a Certificate, as was done in other court proceedings. Ms. Clarenbach has been•left to fix the problems on her own, at her own expense. As noted in her Fee waiver request, she has limited financial resources. She and other affected property owners on Bean Creek Road have been placed in a worse position than owners of other properties created by other illegal subdividers, who were forced to correct the problems or pay the cost of obtaining Certificates. County Counsel has investigated this matter and provides the following information to aid in your determination. Access From Bean Creek Road to Bald Rock Road Ms. Clarenbach's property fronts on Bean Creek Road, which is not a county-maintained road but is referred to in various deeds as a public road. Bean Creek Road has historically connected to Bald Rock Road, a county-maintained road. In the late 1990s, property owners living at the intersection of Bean Creek Road and Bald Rock Road barricaded the connection between the two roads. At that time County Counsel attempted to determine whether any recorded easements allowed the public to travel along Bean Creek Road in that area. No such easements were found. There is an indication in letters and court documents relating to the cases against Lane that the owners of many parcels adjoining Bean Creek Road signed easement deeds granting access along the road. However, these deeds were not recorded and cannot be located or verified. Without deeded access, Ms. Clarenbach was Forced to bring a quiet title action against property owners along Bean Creek Road, to secure acce..�:- to Bald Rock Road. Resolution of the Criminal And Civil Proceedings Involving Charles Lane County Counsel reviewed the court files concerning the criminal and civil cases against Lane (Case Nos. 68826 and 69014, respectively) and the quiet title proceeding (Case No. 77103, Lane v. Chase, et al). Lane plead guilty to a misdemeanor on February 25,1980, received a suspended sentence, was assessed a $35,000.00 penalty, and was given three years probation. One of his probation terms required him to gain access for individuals to whom he had sold parcels along Bean Creek Road. Although there is an indication he began the process of acquiring access, his effort was abandoned before it was completed, and his probation was allowed to.expire on February 25, 1983. The property owners along Bean Creek Road were left in a worse position than other property owners under similar circumstances The prosecution against Lane is not the only prosecution for illegally subdividing in Butte County. There have been several others most notably against ainst Ben Culet and Don Mann. In the Culet and Mann judgment areas, the owners of properties are not required to pay the cost of getting a Certificate. For the Bean Creek Road properties, Lane paid a penalty of$35,000.00, none of which was allocated to pay the cost of getting Certificates. Although he was also required to get access for the property owners, he failed to do so, as discussed above, leaving the Bean Creek Road property owners in a worse situation than property owners in other judgment areas'. Ms. Clarenbach had to hire her own attorney to get access, a cost difficult for her to bear, and she would now also be required to pay the Fee for a Certificate. The process to date has been long and difficult and a financial hardship for her. Paying the Certificate Fee would make the hardship even greater, and other property owners in a similar situation have not had to do so. Butte County Code §3-40.5 allows the Board of Supervisors to waive all or part of any fee if the Board finds it in the public interest to do so. When considering this issue, the Board may consider the public interest in prosecuting illegal subdividers and remedying the harm done by them. Should the burden be bourne by those harmed? In other instances, it was a clear public interest choice that the illegal subdivider should bear the burden of remedying the harm. In this case, it was also determined that the illegal subdivider should bear the burden. However, the process was not successfully completed. Under such circumstances, the Board may consider whether it would be in the public interest to waive the Fee and put property owners along Bean Creek Road in a position as close as possible to that of owners in other illegally subdivided judgment areas. If the Board of Supervisors wishes to be provided with additional information, County Counsel would be happy to provide it. 2 April 39 2008 Dear Supervisor's I Debbie Clarembach am requesting a fee waiver for a certificate of complia-ece. I waz told by coumty that in freler to sell my,property 1-must have a certificate to make my let legal. lily Patent's bought this property from a Mair Lane thm year was 1969. Mr Laney illegaly pubdivi@ee. Lanae was taken to ceurt , Lzne wax Ordered to make the subcividvision legal, he iia nGt make legal, Court let Lade go l I have spent a lot of money an time over a 11'Ahese years, I have no fu�ndls left. Iiy job is zea€e-r-zl,my income is low, I recieve no help, ae if you could please grant this tiriver. I would greatly appreciate this. THANK YOU DEBBIE CL.E.REPr2ACH N //2 - SEC TION 29 - 7 WH Z - �,r b c. - �vl. 4, 702.5.9 * 4371.86 . s6Ac, 1Rt_v 338AC 3%� 1. 2/ 5aCr a 5xx n 3 \ ®SAC M 2 h 8A ©J3.4A4.8AC7. IN03 D _ PM 65-377 FOP 676.64 ®4�A a 3 0 LOT 2 �P �6e r 5AC LOT 1 '� 3. a� 4 82 ^N 62.90 AC h M 5.34AC 76 � '4.44Ac Q 78274 O X/NGSL/7 S E BALD Q � ® � ® OC O .n ROCX UB Q 3 (� r i 80 MOR 57 co S.OIA �Da 23 _ 810.32 ©5AC r 618.28 223.1 1 2213 1 223.3 O o10ACA `c4�, \ 492.10 o 0 C OAC'- OV 431.204 461.93.a / 1 O 678.224 X32r3AG� /4.97AC� C-3) 1 � V 5 61 rho j A• q Z7 ° O2.4 ' /1 B OACt h417:166 290.45 • 1041015 25.421- L5ACr rte,Jd 1 6 7 q 3 35AC* a 446.401 34a6e ���•` /8 //.O ACt ° 01 a 6 m 6AOE m �� Q O2.8AGY Q 6' ` m 479.64 49L363 r 633.581 08 Assessors Mop No. 6/ REVISED:Z-95 County of Butte Jan 26 07 10: 48aC arenbach 589 2731 - 2006-0045858 When recctdtd mail to: Rec.;^dei; 15- Nficial Records i William G. A er county of I Pg i atic 686 Rio Lindo Avenue �w`�= � b3�5R5 i Chico, CA 95926 �z�ry i:iert-PeceMreri 1 01 Documentary Transfer Tax$0.00 Parc R&T de Sec. I l91 1 Signa re of Declarant or Agent . A.P.#061-320-011 GRANT DEED, EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is herebv acknowledged, THEODORE M. RYAN and KATHRYN RYAN, husband and wife, hereby graitto DEBBIE L. CLARENBACH the foJlowingdescribed non-exclusive,appurtenant easement for ingress and egress and public utilities upon and across the real property situate in the County of Butte, State of California, described as follows: An easement along the southerly line of APN 061-320-011 for the purposes of a non-exclusive private easement for ingress and egress and for public utilities, being a portion of the land of Ryan as described in the grant deed filed in Doc. 96-12290 in Butte County Records situated within a portion of the Northwest quarter Section 29 North, Range 6 East, M.D.M.,the southerly sideline of which being coincidental with the southerly line of the land of Ryan and more particularly described as follows: Commencing at the West quarter corner of said Section 29;thence along the East—West centerline of Section 29,N 8'7°51' 41" E. 1326.94 feet to the Southeast cornet-of the West half of the Northwest quarter; thence northerly along the East line of the West half of the Northwest _.quarter N 2° 02' 28"W. 1203.14 feet to the centerline of Bean Creels Road; thence along the said centerline N 65°49' 57" W. 125.63 feet;thence N 35'45' 12" W. 122.52 feet to the southeasterly corner of said land the true Point of Commencement(POC); thence along the southerly line of said easement S 87°51' 41"W. 308.36 feet to found rebar RCE 17300 PN; thence continuing along said line S 87°51' 41" W. 30 feet to the centerline of Bald Rock Road; thence N 7°38' 32" W. 30.14 feet along the centerline of Bald Rock Road; thence N 87°51' 41" E..parallel to the southerly line of said land 289.14 feet; thence N 54° 14' 48"E. 26.77 feet; thence S 350 45' 12" E. 53.82 feet to the true Point of Commencement(POC)of said easement. See Exhibit"A"for further delineation of said easement. See Exhibit "B" for further delineation of the 50 foot access around the pole at the southeasterly corner of said easement. :AAIL TAS' ST ATF.MiC.`TS TO: Debbie L. Clarenbach, P.O. Box 36, Berry Creels,CA 95916 1 Jan 26 07 10: 48aC6renbach 5 589 2731 p. 2 �. This easement is appurtenant to that parcel of real property owned by Debbie L. Clarenbach and described in that certain deed recorded December 21, 1993, as Document 93-056346, Official Records of Butte County, California,A.P. #061-320-028. Dated: l — Z -- , 2006 Theodore M. Ryan Kathryn Ryan State of California ) County of ) ) On 2 O u 2006 before Ise A °��F/�, dYo Ti¢>Q Y/ � Pc I C. Notary Public,personally appeared Theodore M. Ryan and Kathryn Ryan , personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose names,jvlare subscribed to the within instrument and acknowledged to me thatbe/,k/they executed the same in I-ris/her/their authorized capacity(ies), and.that by W/1icNtheir signature on the instrument the person(s),or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r WORUDY 7EXPIRES ACHER4228LIFORNIANTYSignat re PT.3,2ous (Seal) Jan 26 07 10: 49a '-arenbach 589 2731 P. 3 EXHIBIT "A" ' ` APN► 61-320-82 1 Lot 1 i • G) j O API G,1-320-83 PGL 2 1 .' LOQ' 2 -n 70 l Q PRIVATE ACCESS 3 Q t' '�' EASEMENT BETWEEN BALD ROCK ROAD AND BEAN CREEK ROAD i S June 12, 2006 PGL 3 Zs spa I APN -GI-320-11 ` tHEODORE M. RYAN f • KATHRYN RYAN *.J_^-No G-12280 rF '� �,ti�:.-FND D�L STEEL. 1 RP 2.6.00 N87° 51'41"E, 289.14ftl� �5�?►' oG N 7°38' 32"W,30.14 fL ► : Access Easement 1 30 ft. A,4 t S 87°51' 41"W 338.36' • 152.12 ft {_ ••, .'��E 17300 BAR•�-.,g, BURIED � �r,��•�� t RP v 30.00' CABLE EA5MENT � �`'• �� BEAN CREEK ROAD ► 6 AFN 61-320-84 . o pct N 87'51'41' E 1326.94' 30�-29 EXHIBIT "A" Jan 26 07 10: 49aC a_renbach 589 2731 p. 4 EXHIBIT "B" Calculations of the South East comer for Non-Exclusive Easement on APN 061-320-011 between Bald Rock Road and Bean Creels Road, Butte County, CA 95916 M \ � 00 U M . k=289.14 ft. —,J yQ 1 e 1 d N 870 51'4111 E J 900 //"'.' ,_. s, 30 ft. Access P .� Easement ''& M ' 95 I! E— $1 c Tele. Guy w--e—>0 Pole % G 11 o >,W v S 87 51 41 f c 338.36 ft. . . O� a g=52.12 ft. X1_ (70 38' 32"+870 57' 41") - 90°=50 30' 13" a=30'/cos xl =30'/0.995 =30.14 ft. d= [a2 - (30)2]1/2=[(30.14)2-(30)2]'/2=2.90 x=(900 -350 45' 12") = (900- 87°51' 41") = 56°23' 7"; cos =0.554; sine= 0.833 c=m cos x =53.82' x.0.554= 29.82'; p=m sine = 53.82' x 0.833 =44.83 ft. e=p-30=44.83'-30' = 14.83'; o =90°-x=900- 56°23' 7"= 33036' 53";tan 0 = 0.65 f=e/tan 0 = 14.83'10.665 =22.3'; g=f+c=22.30' +29.82' = 52.12 ft. h= [F+ c2]1/2 =[(22' —3')2+ (14.83')2]%2=26.77 ft. Direction of"h" eastward =N (90°-350 45' 12") E=N 540 14' 48" The southerly boundary easement length= 338.36 ft., Bean Creels Road Centerline (POC) to Bald Rock Road centerline. The northerly boundary of the easement portion parallel to the southerly boundary has a length from Bald Road Road centerline "k"=d + 338.36' —g=2.90' + 338.36' —52.12' =289.14 ft. Jan 26 07 10: 49a arenbach 589 2731 p. 5 2006-0056097 i %tecor�dedRp! =ttr 2E.N: 0ffi^ial Records I County Of ! kDI-ii_'uhs+ I; & 2.06 I RECORDING REQUESTED BY.AND Butte i iEKE i0. 001 WHEN REC;ORDI:D RETURN TO: CELaIiiLE J. U?llE , i 2 LOUniy Clerk-Re=-derl WILLIAM G. APGER ! 3 Attorney at Law �:'�cFd-0 L-o-L,;-c6 I NP i Paee i of & SBN 142992 + ` - 4 686 Rio Lindo Avenue IIII�IIIIl�IIIIIIIIIiIIlllilllilll Chico, CA 95926 5 Telephone: (530) 899-9575 Facsimile: (530) 893-8245 6 Attorney for Plaintiff 8 9 10 � C. 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF BUTTE 14 DEBBIE L. CLARENBACH, Case No. 132099 is Plaintiff, 16 vs. - 17 .18 THEODORE M. RYAN, et al., 19 Defendants. 20 21 22 JUDGMENT QUIETING TITLE 23 TO EASEMENT BY PRESCRIPTION 24 75 26 27 28 JUDGMENT Jan 26 07 10: 49a C -renbach 589 2731 p. 6 WILLIAM G. APGER Attorney at Law 2 SBN 142992 F 3utre C.ouniv 686 Rio Lindo Avenue �4 unor court 3 Chico, CA 95927 Telephone: (530) 899-9575 G 4 Facsimile: (530) 893-8245 €an `Gids; Attorney for Plaintiff y Lj0Dt1! 6 7 8 l 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA* 10 FOR THE COUNTY OF BUTTE >> DEBBIE L. CLARENBACH, Case No.: 130299 12 Plaintiff, JUDGMENT QUIETING 13 TITLE TO EASEMENT vs. BY PRESCRIPTION 14 [CCP § 764.010] 15 THEODORE M. RYAN, et al., 16 Defendants. 17 18 This cause came on regularly for trial on October 16, 2006, in the above-entitled court, the 19 Honorable Thomas W. Kelly, Judge,presiding. Plaintiff DEBBIE L. CLARENBACH appeared in 20 person and by counsel, William G. Apger;defendant PETER L. RIEMANN did not'appear at trial 21 after being properly served with notice of trial. Defendants WALLACE L. SCHWARTZ, 22 KATHERINE KRAMER SCHWARTZ,MONICA LEITHNER CHASE, ROSCOE DEAN 23 24 CURRIER, LONNIE R. YOUNG, BERTHA E. YOUNG, ARTHUR J. GROSS,MYRNA L. REED, 25 JAMES H. ALCOCK, TAMIE ALCOCK,•CLYDE S. WILLIAMS, LOUISE H. WILLIAMS, JOHN 26 DEKERGUELEN, Individually and as Trustees of the JOHN AND BARBARA DEKERGUELEN 27 FAMILY TRUST, MARY E. SIMON, LANCE SIMON, WILLIAM J. BISHOP and CATHERINE 28 K.BISHOP, were properly served with a copy of the summons and complaint; said defendants failed JUDGMENT Jan 26 07 10: 50a Clarenbach 589 2731 p• 7 } to answer the complaint or appear and defend the action within the time allowed by law, and their, 2 defaults were entered by the clerk upon plaintiff's application. Defendants named as "all persons 3 unknown, claiming any legal or equitable right,title, estate, lien or interest in the property described 1 4 5 in the complaint adverse to plaintiff s title, or any cloud on plaintiff s title thereto, and DOES 1 6 through 100, inclusive"were served by publication, and no defendant so served has answered or 7 appeared to defend the action within the time allowed by law. 8 The court having examined into and determined the plaintiff's claims against the claims of all 9 the defendants, IT IS ADJUDGED, ORDERED, AND DECREED That: 10 1 1. Plaintiff has a prescriptive easement, 30 feet in width, for ingress and egress, as well 12 as a secondary easement for repair and maintenance and public utilities purposes, on Bean Creek 13 Road, as said road is depicted on that certain Record of Survey recorded in the Office of the Recorder '14 of the County of Butte on February 6, 1981, under Recorder's Serial Number 81-3947. 15 16 2. Said easement is appurtenant to the real property of plaintiff DEBBIE L. 17 CLARENBACH located in the unincorporated area of Butte County, California, being.Assessor's 18 Parcel No. 061-320-028,more particularly described as follows: 19 The.Easterly 225.0 feet, as measured along the Southerly line of the West half of 20 the Northeast quarter of the Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D.B.M.,EXCEPTING THEREFROM that portion lying Northerly 21 of Bean Creek Road_ 2z 3. Said easement burdens the following parcels of real property located in the unin- 23 corporated area of Butte Coiurty, California: 24 25 (a) Assessor's Parcel No. 061-320-016, more particularly described in that certain 26 Grant Deed recorded June 5, 1980; at Boole 2520, Page(s) 210 and 211, Official Records of Butte 2' County, California. 28 2 JUDGMENT Jan 26 07 10: 50aC arenbach 589 2731 p. 8 i 4 (b) Assessor's Parcel No. 061-320-021, described as follows: 2 ALL THAT PORTION OF THE EAST HALF OF THE NORTHWEST 3 QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 6 EAST, M.D.B. &M., LYING 4 NORTHERLY OF THE BEAN CREEK ROAD. 5 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL 6 OF LAND: BEGINNING AT A POINT ON THE NORTH SECTION LINE OF 8 SECTION 29 FROM WHICH THE NORTHEAST CORNER BEARS SOUTH 890 43' EAST, 80.00 FEET; THENCE SOUTH 498.63 FEET TO A T 9 BAR ON THE NORTH BOUNDARY OF A PUBLIC ROAD; THENCE ALOE:G TIIL NORTH BOU;'dDARY OF A PUBLIC ROAD,THE 10 FOLLOWING THREE COURSES AND DISTANCES, NORTH 760 46' 30" 11 WEST, 166.11 FEET; NORTH 59°03' 50'' WEST, 363.75 FEET AND . SOUTH 88°41' 20"WEST, 131.03 FEET; THENCE LEAVING NORTH 12 BOUNDARY OF PUBLIC ROAD,NORTH 31°21' EAST, 101.87 FEET; THENCE NORTH 3° 56' 40"EAST, 58.14 FEET; THENCE NORTH 13° 10' 13 30" WEST, 119.51 FEET; THENCE NORTH 7° 07' EAST, 18.24 FEET TO 14 THE NORTH BOUNDARY OF SECTION 29; THENCE ALONG THE NORTH BOUNDARY OF SECTION 29,-SOUTH 890 43' EAST, 572.68 15 FEET TO THE POINT OF BEGINNING. 16 (c) Assessor's Parcel No. 061-320-022, described as follows: 17 All that portion within the Northeast quarter of Section 29, Township 21 18 North, Range 6 East, M.D.B. & M., described as follows: 19 Beginning at a point on the North section line of Section 29 from which the 20 Northeast comer bears South 890 43' East, 980.00 feet;thence South 498.63 feet to a T Bar on the North boundary of a Public Road;thence along the North 21 boundary of a Public Road the following three courses and distances: North 22 76°46' 30" West 166.11 feet;North 59° 03 50" West 363.75 feet, and South 880 41' 20" West, 131.03 feet; thence leaving North boundary of Public Road 23 North 31°21' East 101.87 feet; thence North 3° 56' 40"East, 58.14 feet; thence North 13° 10' 30" West 119.51 feet; thence North 70 07' East 18.24 feet 24 to the North boundary of Section 29; thence along the North boundary of 25 Section 29, South 89°41' East 572.68 feet to the point of beginning. 26 TOGETHER WITH a 10 foot road right of way for the purpose of ingress and egress the Eastern boundary of which is identical with the Western boundary 27 of Parcel described above. 2s -3- JUDG14ENT Jan 26 07 10: 51aC arenbach 5 589 2731 p. 9 _1 (d) Assessor's Parcel No. 061-320-054, described as follows: 2 The East half of the Northwest quarter of the Northeast quarter, lying 3 Southerly of the centerline of Bean Creek Road as the same existed October 15, 1969, in Section 29, Township 21 North, Range 6 East, 4 M.D.B. &M. 5 (e) Assessor's Parcel No. 061-320-055, described as follows: 6 The Westerly 233.50 feet of the East half of the Northwest quarter of the 7 Northeast quarter, lying Southerly of the centerline of Bean Creek Road 8 of Section 29, Township 21 North, Range 6 East, M.D.B. &M. 9 (f) Assessor's Parcel No. 061-320-056 described as follows: 10 The Easterly 223.50 feet of the Westerly 447.00 feet of the East half of the Northwest quarter of the Northeast quarter,-lying Southerly of the centerline l t of Bean Creek Road of Section 29, Township 21 North, Range 6 East,.M.D'.B. & M. 12 13 (g) Assessor's Parcel No. 061-320-065, described as follows: 14 The West half of the Northeast quarter of the Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D.B. &M. lying Southerly of the Bean is Creek Road, as the same existed on October 2, 1969. 16 EXCEPTING THRRFROM the Easterly 225.0 feet and the Westerly 223.59 17 feet, as measured along the Southerly lune thereof. 18 (h) Assessor's Parcel No. 061-320-066, described as follows: 19 PARCEL ONE: The Westerly 233.50 feet of the West half of the Northeast 20 quarter of the Northeast quarter, lying Southerly of the centerline of Bean Creek Road as the same existed on November 28, I969 in Section 29, 1 Township 21 North, Range 6 East, M.D.B. & M: 22 PARCEL TWO: The East half of the Northwest quarter of the Northeast 23 quarter,lying Southerly of the centerline of Bean Creek Road as the same 24 existed October 15, 1969, in Section 29, Township 21 North, Range 6 East, M.D.B. &M. 25 EXCEPTLNG THEREFROM that Westerly 447.0 feet thereof. 26 (i) Assessor's Parcel No. 061-320-069, described as follows: 27 28 All that portion of the West half of the West half of the West half of the Northeast quaver of Section 29, Township 21 North, Range 6 East, M.D.B. & M., lying Northerly of the centerline of Bean Creek Road. -4- JUDGMENT Jan 26 07 10: 52'aC renbach 589 2731 p. 10 1 (j) Assessor's Parcel No. 061-320-070, described as follows: 2 All that portion of the East half of the West half of the West half of the 3 Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D.B. & M., lying Northerly of the centerline of Bean Creek Road. 4 i (lc) Assessor's Parcel No. 061-320-071, described as follows: 6 All of that portion of the East half of the West half of the West half of the Northeast quarter of Section 29, Township 21 North, Range 6 7 East, M.D.B. &M., lying Southerly of the centerline of Bean Creek 8 Road. 9 (1) Assessor's Parcel No. 061-320-072, described as follows: 10 All that portion of the West half of the West half of the West half of the 11 Northeast quarter of Section 29, Township 21 North, Range 6 East, M.D.B. & M., lying southerly of the centerline of Bean Creek Road. 12 F' (m) Assessor's Parcel No. 061-320-083 described as follows: 13 14 LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "KING'S LITTLE BALD ROCK SUBDIVISION", WHICH MAP WAS RECORDED 15 IN THE OFFICE OF THE.RF.CORD$R OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JANUARY 29, 198 1, IN BOOK 80 OF 16 MAPS, AT PAGES 57 AND 58. 17 (n) Assessor's Parcel No. 061-320-084, described as follows: 18 39 Parcel one: 20 A portion of the Northwest quarter of Section 29; Township 21 North, Range 6 East, M. D. B. &M.,more particularly described as follows: 21 22 Commencing at the center of said Section 29; thence South 87° 51' 41"West, along the East and West centerline of said Section 29, a distance of 835.501 23 feet; thence North a distance of 72.474 feet; thence North 40° 33' 47" West, a distance of 385.040 feet; thence North 12° 11' 48"East, a distance of 183.202 24 feet; thence North 370 29'23"East 165.064 feet; thence North 22°47' 53"East 25 a distance of 139.571 feet to the point of beginning for the parcel of land described herein;thence from said point of beginning, continuing North 220 47' 26 53"East, a distance of 55.193 feet; thence North 040 04'03'' East, a distance of 143.420 feet; thence North 69°43' 07" West, a distance of 8 7.8 70 feet to a 27 point in the center of Bean Creek Road; thence along the centerline of said 28 Bean Creels Road the following 2•courses and distances: North 711 41' 07" West, 308.314 feet; thence North 65'49' 57" West, 144.407 feet to a point on JUDGMENT Jan 26 07 10: 52a renbach 589 2731 p. 11 1 the West line of the East half of the Northwest quarter of Section 29; thence 2 South 01° 58' 23" East along the West line of the East half of the Northwest quarter of said Section 29, a distance of 397.879 feet to a point that bears South 3 87°51' 41" West from the point of beginning;thence North 87° 51' 41"East, a distance of 461.932 feet to the point of beginning-. 4 5 Together with a right of way for road and utility purposes over a strip of land 30 feet in width lying Easterly of and adjacent to the Easterly line of the above 6 described property. 7 Parcel two: 8 Being a portion of the Northwest quarter of Section 29, Township 21 North, 9 - - Range-6-East,-M-D. B. &M.,more-particularly described as follows: 10 Commencing at the West quarter corner of said Section 29; thence Easterly I t along the East-West centerline of said Section 29,North 870 51' 41" East, 1326.94 feet to the Southeast corner of the West half of the Northwest quarter 12 of said Section 29; thence Northerly along the East line of the West half of the Northwest quarter of said Section 29,North 010 58' 23"West, 1087.12 feet to t' the true point of beginning for the parcel of land described; thence continue 14 North 020 02' 28" West, 116.02 feet to the centerline of Bean Creek Road, as said road existed on November 4, 1969,thence Northwesterly along the 15 centerline of Bean Creek Road,North 651 49' 57" West, 125.63 feet; thence North 35°45' 12"West 122.52 feet;thence leaving the centerline of Bean 16 Creek Road, South 87° 51' 41`' West, 338.36 feet to the centerline of Bald Rock 17 Road, as said road existed on November 4, 1969; thence Southerly along the centerline of Bald Rock Road South 07°38' 32" East, 275.00 feet to a point 18 that bears South 871 51' 41" West from the true point of beginning; thence 19 Leaving said centerline of Bald Rock Road, 870 5141"East, 492.10 feet to the true point of beginning. 20 3. Each party to bear their own costs. 21 22 Dated: to • tla • 0 23 Judge of the S erior C 24 25 26 27 28 -6- JUDGMENT THEODORE & KATHRYN RYAN 83 Winner's Circle Berry Creek, CA 95916 June 13, 1999 Ken Baker, Attorney. 95 Declaration Drive, Suite 3 Chico, CA 95973-4905 Dear Mr. Baker: Thank you for apprising us of your most recent communication with the Clarenbachs. Based upon the interpretation by all of documents pertaining to our property and "Bean Creek Road", and information/suggestions from various representatives of Butte County, we have made the following decisions: 1. Our property (three lots, including a portion of"Bean Creek Road") is closed to all parties with the exception of those having legal access along the easement, "Winner's Circle", and Pacific Bell along their underground cable. 2.: These parties (not including those mentioned as exceptions) on our property will be trespassing and will be subject to a complaint filed against them at the Sheriffs Office with a possible arrest. 3. Further contact to you, Butte County or other individuals/agencies by any of these parties regarding our property is perceived by us as harassment by them. The continual efforts and threats by these parties, including the Clarenbachs for about the past three years, to trespass or destroy our property, has caused significant distress to us. We are not in a relaxed state when at home or when we must leave to go'to work, etc. for fear of property trespass or destruction. 4. Our goal is to enjoy our property and our lives, free of harassment and free of having to protect from trespass and destruction. We will contact you when we require additional legal services. Sincerely, Theodore and Kathryn Ryan (� 5 Butte County Department of Development Services OT Tl� TIM SNELLINGS, DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive 0 0 Oroville,CA 95965 0 ='_�a_i-, ; `o (530) 538-7601 Telephone (530)538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING August 19, 2008 Debbie Clarenbach PO Box 36 Berry Creek, CA 95916 Re: LEGAL LOT DETERMINATION,DET08-0003 APN: 061-320-028 Dear Debbie Clarenbach: At the regular meeting of the Butte County Planning Commission held August 14, 2008,your request for a Certificate of Compliance.This parcel is located on the south side of Bean Creek Road,approximately 1 mile east of Bald Rock Road, in the community of Berry Creek. 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,August 29,2008 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of$50.00 must be paid at that time..If you do not appeal, and if there are no other appeals within the 15 calendar-day appeal period,the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please take this document with the conditions and waiver to Public Works for further processing. Public Works is located at 7 County Center Dr., Oroville, CA 95965. Should you have any questions regarding this matter, please contact Brett Walker at <undefined value> between 7:30 a.m. and 4:30 p.m.,Monday through Friday. Sincerely, Brett Walker Associate Planner cc. Public Works/Land Development • EXHIBIT A Legal Lot Determination/(Conditional) Certificate of Compliance on APN 061-320-028 for Debbie Clarenbach I. CONDITIONS OF APPROVAL: 1. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 2. 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 thirty(30)feet. 3. Pay the recording fee in effect at the time the(Conditional)Certificate of Compliance is recorded. 4. Prove that adequate quantities of domestic water for a single family residence area available to the parcel. 5. Provide that adequate sewage disposal area for a single family residence exists on the parcel. 6. 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. II. NOTES TO BE ADDED TO THE(CONDITIONAL)CERTIFICATE OF COMPLIANCE: 1. Construction,installation,or development of buildings and/or roads,driveways,gates and bridges on parcels/lots shall comply with the latest California Fire Safety Regulations—Public Resources Code 4290,4291 and current Butte County Improvement Standards,whichever is stricter. 2. Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D,unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property.A note stating"Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. 3. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus within 150 feet of all structures. 4. Building identification and/or addresses shall be installed in conformance with Public Resources Code 429.0 and shall be posted at the time of permit issuance and maintained continuously thereafter. 5. Prior to any lot clearing activity or cutting of trees,contact the Butte Area Forester at(530)872-6353 to determine the need for a less than 3-acre conversion exemption permit or a timber harvest plan. 6. Prior to final approval of a residential dwelling building permit, final approval is required for the sewage disposal system and domestic water supply well. Butte County Department of Development Services oQTrFo TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 o /� o 7 County Center Drive ° o --- o Oroville, CA 95965 (530)538-7601 Telephone cOUN'�y (530)538-7785 Facsimile www.buftecounty.net/dds www.buttegeneralplan.net ADMINISTRATIONBUILDING * PLANNING 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 APN: 061-320-028, DET08-0003. APPLICANT/OWNER DATE r c Butte County Department of Development ServicesSAM TIM SNELLINGS, DIRECTOR PETE CALARCO, ASSISTANT DIRECTOR oo ;h 00 7 County Center Drive o =- o - ; Oroville, CA 95965 o o (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION* BUILDING* PLANNING BUTTZ June 19, 2008 oo> TO: Public Works/Land Development JUL 2 8 2008 FROM: Brett Walker, Butte County Planning Division DEV>�LO� SUBJECT: Request for Comments on a Development/Land Use ApplicatMVICE-S APPLICANT: Debbie L. Clarenbach, DET08-0003 APN: 061-320-028 DATE OF Inter-Departmental Review: July 2,2008 IDR RESPONSE REGARDING June 30, 2008 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT July 17, 2008 CONDITIONS/1VIITIGATION MEASURES DUE BY: 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 July 2, 2008, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The parcel is located on the south side of Bean Creek Road, approximately 1 mile east of Bald Rock Road; in the community of Berry Creek.. COUNTY SUPERVISOR DISTRICT NO.: 1 st ZONING: U (Unclassified), GENERAL PLAN: AR(Agricultural/Residential) If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at (530) 538-7470 or send him an email at jbwalker@buttecouniy.net..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. Please return response to project planner. ID OMMITTEE—APPLICATION COMPLETE PP110 Name: Date: yes Name: r Date: oTl2P`2CV,6 GAPROJECTS\Trakit Merge Documents\DET1REQUEST FOR COMMENTS.doc ,SUN 19 2008 1,f VIO1.h-NFL(l)I)W:N!'DSI. r t i!' L � + ��r 4 .i J Verify legal access to the parcel from Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of as access to the parcel. Fire Dept.: Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. Place a note on.a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating"Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. _ Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. Place a note on a separate document,which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, `Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. _ Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at(530) 872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. JUN A 9 2008 g ,tei.l ?lyVt�.l tit r�rXED1V. BUTTE COUNTY LEGAL LOT DETERMINATION/ CERTIFICATE OF COMPLIANCE STANDARD CONDITIONS APPLICANT: Debbie L. Clarenbach DATE: 5/23/2008 AGENT: APN:, 061-320-028 FILE#: DET08-0003 PLANNER: Brett Walker PROJECT DESCRIPTION: The parcel is located on the south side of Bean Creek Road, approximately 1 mile east of Bald Rock Road; in the community of Berry Creek. 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 $8.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $ /1 .60 without conditions,$ > .00 with conditions. This cost estimate is based on 1 page notification (first sheet), __J_pages(s) of legal description attached as Exhibit "A", and�_page(s) of conditions attached as Exhibit 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. XProvide 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. _ EIVEID BOO ` JUN 19 2008 ,AccaytwlA✓S ?u rn cam �n-� ��ca� �e�, k Pacific Gas and 350 Salem Street Don Chambers Electric Company Chico,CA 95928 Technical and Land Services ' & 530/896-4257 Chico Office. FAX 530/896-4254 June 20, 2008 . Brett Walker Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 RE: Development Land Use Review-(Clarenbach) File: DET 08-0003,APN: 061-320-028 Dear Mr. Walker: PG&E has reviewed the subject site plan. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist, which infringe on PG&E's easement rights. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 896-4257. Sincerely, Donald W. Chambers Land Agent (file: DET08-0003.doc) BUTTE COUNTY JUN 2 4 2008 (DEVELOPMENT SERVICES Butte County Department of Development Services 0 rF0 TIM SNELLINGS, DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive Oroville, CA 95965 (530)538-7601 Telephone c�UN'�y (530)538-7785 Facsimile www.buffecounty.net/dds ADMINISTRATION* BUILDING* PLANNING June 19, 2008 TO: California Department of Forestry FROM: Brett Walker, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Debbie L. Clarenbach, DET08-0003 APN: 061-320-028 DATE OF Inter-Departmental Review: July 2,2008 IDR RESPONSE REGARDING June 30, 2008 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT July 17, 2.008 CONDITIONS/1VIITIGATION MEASURES DUE BY: 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 July 2, 2008, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The parcel is located on the south side of Bean Creek Road, approximately 1 mile east of Bald Rock Road; in the community of Berry Creek.. COUNTY SUPERVISOR DISTRICT NO.: 1 st ZONING: U (Unclassified), GENERAL PLAN: AR(Agricultural/Residential) If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at (530) 538-7470 or send him an email at jbwalker@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. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: Yes Name: Date: GAPROJECTSUrakit Merge Documents\DEQ ST FOR COMMENTS.doc Verify legal access to the parcel from Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of as access to the parcel. Fire Dept.: Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. a -X Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that"Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating"Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 5 feet that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, `Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Prior to any lot clearing activity or cutting of trees;contact the Butte Area Forester at(53 0) 872-6353 to de ermine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. f . • Page 1 of 1 Walker, Brett From: Fogel, Doug Sent: Wednesday, July 02, 2008 4:55 PM To: Walker, Brett Cc: Kerley, Michael Subject: DET08-0003 Apn. 061-320-028 Our conditions for a conditional Certificate of Compliance would be: 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. We would also like to attach an information note to the effect: Prior to final approval of a residential dwelling building permit, final approval is required for the sewage disposal system and domestic water supply well. 7/2/2008 k 1 i 61-32 N. 1/2 SEC: 29, T.21 N. R.6E. M.D.B.&M. oi- i0���,J 05 -100• . 572.68 MM WN)VERS 1 i szoao 70 2l 22 23 24 5.00Ac Y 7s •96AJ 38 69 3.00Act 5.00Act N u 1 77 74 .92 i I 7.OZAct 4.8OAct 3.38Act 1 3.40AC laNIS LITTLE BALD ROCK SUB. �Q'40 • $ 8.38Ac 7s .97Ac' ' 25 5.00Ac 65PM3 y, 76 44PM51 ' S4 676.64 1.03A 1 � 56 66 28 5.34,4c2 78 BOA 4.44Ac 83 REM. P7N. 55 .19Act 65 .60Act 26 5.00Ac 5.00Ac 4.5 I&± 751.22 pct 52.95Ac 4.17Ac 4.38Act 8 5.OlAc 3 79 27 08 760.13 11 14.97Act _ 225.04 5.00Ac 2.30Act 72 223.57 223.57 223.57 No g3 ^L "'m 13.28Act nwi 10.00Act O h� 14 6F r.j 492.10 10.00Act � � 63 10.00Act 10.00Act 08 217.6° 2'76° i O9 5.6OAct O 8.50Act 47 49 2.1,9Ac #35 2.8OAct Ay� 1 16 i , 431.204 461.932 67822 LS 2.5OAc 2.50Ac 48 8 2.67Ac gx O o 2.40Act: 17 6.0OAct 2.7OAct 217.80 217.80 453.00 417.166 290.45 � Ia4ao1 6U 62 56R5963.65Act O 32 O 14 ' jp 64 10.00Act 10.00Act 2.5OAct m 1.60Ac y = 10.00Act ,�,0 344.66 F 18 11.00Act BFNL 3.50Act 33 a O15 !;Cy o � _ 3.5OAct 5 2.80Act 36.1 2.6OAct arss6 479.622 491. - N8T51'41 IE Butte County Assessor's Map Book 61, Page. 32 08 NOTE ruse po7ceb ore Iw awasv �It tarp s c*and may Dot oons6tute laO pmoe/s. CREATED BYOB L�A1ED ON 5-23-2000 KINGS UrTLE BALD ROCK SUB. 80 M.O.R. 58 1-29-81 REVISED BY 08 REVTSfD ON 5-23-2000 EFFECTNE 01-02 ROLL Previous Book 61,Pop 08 IN Butte County Assessw's Off= Butte County Department of Development Services %3`T o TFo °� TIM SNELLINGS,.DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center. Drive o =- .. _ o Oroville, CA 95965 0 `_=' o (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecountV.net/dds ADMINISTRATION* BUILDING* PLANNING June 19, 2008 TO: Assessor's Office - Mapping FROM: Brett Walker, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Debbie L. Clarenbach, DET08-0003 APN: 061-320-028 DATE OF Inter-Departmental Review: July 2,2008 IDR RESPONSE REGARDING June 30, 2008 J COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT July 17, 2008 CONDITIONS/NIITIGATION MEASURES DUE BY: 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.July 2, 2008, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The parcel is located on the south side of Bean Creek Road, approximately 1 mile east of Bald Rock Road; in the community of Berry Creek.. COUNTY SUPERVISOR DISTRICT NO.: 1st ZONING: U (Unclassified), GENERAL PLAN: AR(AgriculturaMesidential) If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at (530) 538-7470 or send him an email at jbwalker@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. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name:_ Date: ❑ Yes Name: Date: G:\PROJECTS\Trakit Merge Documents\DET\REQUEST FOR COMMENTS.d c Butte.CountyDepartrnent ofDevelopment Services O QT rF 0 Tim Snellings,Director O O O O 7 County Center Drive — - Oroville,CA 95965 O _- J; O (530)538.7601 Telephone O "--� `= O (530).538.7785 Facsimile ADMINISTRATION * BUILDING * PLANNING Date: July 1, 2008 Planning Comments: 1. Zoning: U—zoning date 06Jan1987 2. General Plan: AR 3. Parcel is 4.19 acres 4. Current landowner obtain property on 21 Dec 1993 5. Slopes under 30%; slopes average 10% 6. Parcel created 15Dec1969. Brett Walker Associate Planner Butte County Department of Development Services , OTTF, TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o `� o 0 0 7 County Center Drive o . o :�.... Oroville, CA 95965 . o 0 (530)538-7601 Telephone (530)538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION" BUILDING* PLANNING June 19, 2008 TO: FILE COPY FROM: Brett Walker, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Debbie L. Clarenbach, DET08-0003 APN: 061-320-028 DATE OF Inter-Departmental Review: July 2,2008 IDR RESPONSE REGARDING June 30, 2008 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT July 17, 2008 CONDITIONS/1VIITIGATION MEASURES DUE BY: 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 July 2, 2008, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: The parcel is located on the south side of Bean Creek Road, approximately 1 mile east of Bald Rock Road; in the community of Berry Creek.. COUNTY SUPERVISOR DISTRICT NO.: 1 st ZONING: U (Unclassified), GENERAL PLAN: AR(Agricultural/Residential) If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at (530) 538-7470 or send him an email at jbwalker@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. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: GAPROJECTSUrakit Merge Documents\DET\REQUEST FOR COMMENTS:doc I COMMENT DISTRIBUTION LIST APPLICANT: Q.4r �J ra NNIN PROJECT DESCRIPTION: e� �D� Cts ►�1 d'(�, FILE NOG -JFT03`006 DATE: AP NO: �� ` ✓ �� r ��� County Offices and Cities: Planning Division � Assessor_'s=6#7ce�-Mao ing BCAG X nw—Vl onmenta/-Health _ City of Biggs _ ALUC X�Buiiding ager _ City of Chico _ APCD X rLAF-CeiX�-�--<Af i~' _ City of Gridley _ Butte Co. Farm Bureau k eultural-Commission City of Oroville _ Chico Airport Commission '- . ---- - - X=Pubiic'Works/[and'Dev _ Town of Paradise Chief Administrative Officer t---X---. -CountyCounse f Fire Protection: k--:- X _ California-DepartmeintofForestry EI Medio Fire Protection District ^_ Domestic Water: S.F.W &P. Agency (OWID) — Butte Water District — Del Oro Water Co. California Water Service Co. — Thermalito Irrigation District — Other Utilities: _PG&E�North—Chico _ Pacific Bell _ Chambers Cable TV PG&E South - Oroville Viacom Cable TV Irrigation District: ' Biggs/ West Gridley Water _ Durham Irrigation Dist. _ Paradise Irrigation Dist. Richvale Irrigation Dist. _ Table Mountain Irrigation Dist. Sewer: L.O.A.P.U.D. _ Sterling City Sewer Main_ Skansen Subdivision (CSA 21) Drainage Districts: Sacramento &San Joaquin Drainage Dist. _ Reclamation District No. 833 Drainage District 200 _ Reclamation District No. 2054 Reclamation District No. 2056 State Agencies: CalTrans _ Dept. of Water Resources _ Dept. of Fish and Game Federal Agencies: U.S. Forest Service _ U.S. Bureau of Land Management Other Districts,Agencies, Committees,etc.: K:\Planning\FORMS\APPLICATIONS\Lead-in Sheet Distribution List.doc L4 VS ,. �S Q3 f CL eo<< �04.. all 57) '•� • s� Sd�IA?I�S -� �--� ZNdWdOlaAaG A.LNaoa ULUi k R� o6I-32v-o 2B ao M BUTTE COUNTY MAY 2 3 2008 DEVELOPMENT SERVICES