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HomeMy WebLinkAboutDET 98-05_PLANNINGD II II Y� II I��� R 1� 11� �� 1�111111 11111111 HE SEPARATOR SHEET nvry PROJECT NUMBER nsT 1R � 06 I SUMMARY SHEET FOR LAND DIVISIONS APPLICANT: Terri Latour PLANNER: FILE#DET 98-05 ADDRESS: 2233 Nord Ave..Chico,CA 95926 OWNER: Wilma Faye Moore, 1080 E. Lassen Apt.#49. Chico,CA 95926 PROJECT DESCRIPTION: Legal Lot Determination for a Cerificate of Compliance I LOCATION: on the west side of Highway 32,across from Platt Mountain Road,Forest Ranch ASSESSOR'S PARCEL NUMBER(S): 056-410-002 i ZONING: TM-5 GENERAL PLAN: Agricultural Residential PROJECT CONSISTENT?: GENERAL PLAN CONFORMANCE REPORT: NOT REQUIRED i; j LAND CONSERVATION ACT CONTRACTS?: DATE APPLICATION RECEIVED: September 25. 1997 AGENT/SURVEYOR/CIVIL ENGINEER: ADDRESS: DATE PLANNING DIRECTOR'S REPORT PREPARED ENVIRONMENTAL CATEGORICAL EXEMPTION DATE FILED DETERMINATION AND DATE NEGATIVE DECLARATION-DATE ADOPTED MIT.NEG.DECLARATION-DATE ADOPTED ENV.IMPACT REPORT-DATE CERTIFIED STATE CLEARINGHOUSE NO. RELEASE TO PUBLISH: DEVELOPMENT REVIEW COMMITTEE HEARING DATE APPEALED APPEAL HEARING DATE BOARD ACTION COMMENTS FOR PLANNING DIRECTOR'S REPORT i ASSIGNED TO DISK RECEIPT NUMBER LD 1005(10/94) DEPAR.TNIE ' OF DEVELOPME`V SERA"ICES BUTTE cuUNTY UNIFORM APPLICATION .APPLICANT: Agent information to he provided is on other side: UVLICANT�yWE( If applit.•artt i nt from o-ner an affidavit is required I ASSESSOWS PARCEL NUMBER: Q 0560410-002-000 ADDRESS: CITY.STATE 9i:ZIP CODE: FILE NUMBER (FOR OFFICE USE) NAME OF PROPOSED PROJECT(If anv ) TELEPHONE (,N ) 0 770 LOCATIO OF PROJECT(Ma* cross streets and Add if nay) GE6ERAL INFO TION REQUIRED OWNER'S NAME TELEPHONE Wilma Faye Moore (916 ) 891-8980 = ADDRESS: CITY.STATE&ZIP CODE 1080 E Lassen ADt. #49 Chico California 95926 ZONE GENERAL.PLAN EXISTING LAND USE SITE SIZE(Qt • Square Feet or Acres) TM 5 e ,�. ` Timber Mountain Residential/ 30. 94 acres EWMG STRUCTURES(in Square Feer) PRO (in Square Feet) none (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 M PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLICATION REQUESTED :f ❑ GENERAL PLAN ANIENDMENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ BOUNDARY LINE MODIFICATION [3VARIANCE ® LE.,,AL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREENI N T ❑ OTTER •Y 1'i PROJECT DESCRIPTION ` FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary.sbeets. If this application is for a land division,describe the number and P size of parcels.) SEP Q afitofl)ia OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OFTIIE ABOVE DESCRIBED PROPERTY. FURTHER.I ACK.VOWLEXETHE FILDNG OF THIS APPLICATION ARID CERTIFY THAT ALL OFTHE ABOVE INFORMATION IS TRUE AND ACCURATE (i sent u to be au 4 execute an affidavit of authorizuiixt n Iudi, afrid2vit with thi3 application.) DATE: SIGNATURE: AGENT AUTHORIZATION To Butte County, Department of Development Services; Print Name of Agent and Phone Number Terri Latour. RPaitnr ( 916) 891-0770 Mailing Address is hereby authorized to process this application for Certificate o f c omp 1•i a n r P on my property, identified as Butte County Assessors Parcel Number . 056-410-002-0000 . This authorization allows representation for all applications, hearings, appeals, etc. and to sign aH documents necessary for said processing,-but not including document(s) relating to record title interest. Owner(s) of Record: (sign and print name) Print Name Print Name e � signature Signature Architect and/or Engineer: Print dame of ArchitectlEngineer and Phone Number Mailing Address FOR OFFICE USE ONLY Verify: Date received: 2 _ Total amount received: - 04 AP Number(s) Legal Description Owners Authorization Zoning requirements Project Description Copies of plot,plan Taken by SLa Receipt No.i(Q ss E.I- s y•oa LD 450-co Plafi too•oo FD Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. Current fee for this application is $ '%to 9 . 0o as of !31L-a Make check payable to Butte County Treasurer". STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION i )USING AGENCY PETE WILSON,Go"m, DEPARTMENT OF TRANSPORTATION OISTRICT 3 t6. P.O.BOX 911 ti MARYSVILLE.CA 95901 TOO T6eo%w*(916)741J509- FAX(9 16)741.SKUS Telephom(916)741-4639 March 12, 1996 sll HBUT004, HBUT022 03-BUT-32 PM 28.2/28.7 Moore/Latour Sale Certificate of Compliance at PM 28.442 Request For Assistance Ms. Susan Minasian, County Counsel Butte County 25 County Center Drive Oroville,CA 95965-3380 Dear Ms. Minasian: We have received your letter of February 21, 1996, requesting assistance in the evaluation of the State Route (SR) 32 access opening for APN#056-410-002, and the potential consequences for APN's 056-410-029, -030, -031, and -032. We also received a courtesy copy of a January 10, 1996, response that Stuart Edell, Manager,Butte County Land Development Division,provided to Ms. Wilma Moore on her pending property sale and her request for a Certificate of Compliance for the Title Company. In addition, we responded to October and November 1995 phone calls from Terri Latour, her Realtor, and Russ Croninger, an engineer, regarding this situation. We are offering the following time line summary to clarify what our records show regarding State Route (SR) 32 access in that area, and what we could "certify". March 1961 Caltrans obtained a Grant Deed (see enclosed) from Pearl Hardy for SR 32 right of way through her large (100+ acres) ranch•parcel west of the right of way (NW 1/4 Section 21,T24N, R03E). Hardy relinquished all abutters rights except for a private access opening of 30 feet at the line between Sections 21 and 16. Although the access road does not appear to follow the easement as shown on the Assessor's map, our aerial maps indicate that the SR 32 Postmile (PM) for this opening is 28.442 (i.e. your "about 600 feet south of Milepost BUT 28.7"). This access,opening tapers out to 59.0 feet at the adjoining public highway right of way line. Our understanding from various sources is that this paved road approach "has been used for years" as a private driveway for entrance to the farm and a summer home. This access opening also serves the California Division of Forestry Lookout Station in Section 16. The Meets and Bounds map with the Grant Deed indicates Old (State Route)47 was abandoned, and public access was designated only for Road 2106 (PM 29.034) to the East. March 1972 According to Edell's letter, Ms. Moore's 30.94 acre parcel (APN 056-410- 002) and others were created by decree of distribution. Evidently, this was to allow the children to inherit separate parcels on both sides of SR 32. Although these parcels were designated in November 1983 (PM93-83) for tax purposes, no subdivision requests have been received or approved. January 1985 Caltrans transmitted the final Controlled Access Highway Agreement (CAHA) for SR 32 from Humboldt Road near Hog Spring (PM 15.1) to about 0.1 mile north of Humboldt Road near Lomo (PM R37.0) (enclosed). This package includes both Ms. Susan Minasian,County Counsel March 12, 1996 Page 2 the October 1994 CAHA signed by County and Caltrans, and the November 1984 Butte County Board of Supervisors Resolution 84-169 for the SR 32 CAHA. The CAHA provided for four new 60 foot wide at-grade public road connections, west of Forest Ranch, as follows: Ten Mile House Road (PM 18.5), La Costana Drive (PM 18.9), Altatina Drive (PM 19.4) and Fourteen Mile House Drive (PM 21.8). These received California Transportation Commission (CTC) approval after a lengthy Environmental Impact Report(EIR) process. Mitigation in that process included compensation to the adjacent property owners for our right to control access to the State highway. The CAHA Map indicates that existing public road access openings in Section 21 included Garland Road (Co. Rd. 5150, PM 27.75) and Platt Mountain Road (CO. Road. N217, PNI 28.17). The only public road access opening in Section 16 is for Road 210G to the East(at PM 29.034), which extends to Section 17. This later access point appears to be the closest public road access opening to Moore on her side of the highway. June 1989 County Assessors Parcel Maps were revised to indicate the 1972 and other unofficial and official parceling for the North half of Section 21 which created 29 parcels in place of 13. Again, this tax map is not a verification of a change in the CAHA, the size of any access openings, or the allowable uses of driveways and adjacent lands. Caltrans would be willing to certify that the existing 30 foot wide access opening at Postmile 28.442, with the existing paved road approach to the SR 32 highway, appears to be adequate for the existing uses on APN 056- 410-002. This opening and approach are adequate to also serve at least four more homes (with granny units). We do not see any need to change this access opening to a public road to serve this level of residential use. The County's requirement for a"60 foot wide easement to a public road" isnot inconsistent with a 30 foot wide access opening for the homes in this situation. However, if any non- residential uses or additional parcelization which would use this access opening is proposed, it should be sent to us for review and recertification or reauthorization analysis. Changing the private access opening to a public road would require that the CAHA be reauthorized by the CTC. Reauthorization consent from the CTC could be a fairly expensive process ($50,000 +/- for engineering and environmental documents) and could take more than 6 months. The critical element needed for the analysis would be a Site Plan which shows the history of parcelization and proposed options for development. In addition,Caltrans review and recommendations would need to be submitted with a request for inclusion on the CTC Consent Agenda. If you have any.questions regarding these comments, please contact Terri Pencovic, Inter Governmental Review/CEQA Coordinator, at(916) 741-4199. Sincerely, E. A. "LIB" HARAUGHTY, Chief Office of Transportation Planning- Rural Enclosures Planning DiVISIOn cc: Jon Clark,Butte County Association of Governments Stuart Edell,Butte County Planning SEP 2 5 '197 Wilma Faye Moore, 1080 East Lassen Ave., Apt. #49, Chico 95926 fanning Division PORTION N.1/2 SECTION. 211`T24N,R3E, M.D.B. SM. 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OFFICIAL RECORDS OF 3.q7 BUTTE COUNTY, CALIFORNIA ....Crocker ...Bldg. .... ........... ........ 22Tr=F-ST , C f cordor rn _ C /J_ Chico., California 95926 13Y ............................................................................. Fee GRANT DEED (Individual) For value received PEARL F. REED., formerly known as PEARL F. HARDY,_ GRANTS............to WILFRED G. HARDY LESTER B. HARDY nd WILMA F. M.OORE. all,V#at real property situate in -the 4 V� County of Butte: State of California, described.as follows: 4 PARCEL ONE: Northeast Quarter (NE-1) , .North Half of Northwest Quarter (NI, of Nwl,, ) and Southwest 'Q4varter of -North- O west Quarter (SWI, of Nw-,I) of Section Twenty-one' (21) , Township Twenty-four (24) North., Range Three (3) East, Mount Diablo Base and Meridian., containing Two Hundred .Eighty and 00/100 (280.00) acres., more or less; also all the reversionary rights within or upon the said premises, subject to right of way sixty (60) feet wide for County Road, conveyed to County of Butte, State of California, by deed dated July 5, 1928, EXCEPTING AND RESERVING therefrom unto grantor an estate for the term of her life. 4 Dated.AljguAt.A@�......... ............19''..6..... .. 6 ....... ...:.. Q, .: ,.... : ....'r............................. . .................................................................................... ................................................................................... .................................................................................... STATE OF CALIFORNIA ........................County 01 .....Butte ...................................................................... Sit. On...........Auguzz..latkip.................................1 19...66..., before:me, ....Grayson....Rric-e............... a Notary Public in and for said............................County and State, personally appeared..........._.Re!.Ad ................................................ ................................................................................................................................................................................................:know to me to be the at . x, person....whose nameA.A...subscribed to the within' instrument, and acknow me t a...-xc uted the same Myco scion expires .....J.W.Y...90....19-70............................. ...... ......... . Q SEAL OhOVIL: TA6T EXHIBIT Ay nN ...... GR ,A Form Ne..,106§-1,(4ev. 10/17/92) ' ExlAit-A to Preliminary Report St AMERI 1Q, `9 rJr m .- P 0 re lminar Report .* Mid Valley Title and Escrow Co. Chico — Oroville — Paradise Affiliated With First American Title Insurance Company Planning Division SEP 2 5 1997 Oroville,California EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c) are shown by the public records. EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof ora notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable "doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: NO One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. IMERICAN LAND TITLE ASSOCIATION LOAN POLII 1970 ` WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured clamant,(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest.nsured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded hereb as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This otic does not insure against loss or damage b reason of the matters shown in arts one and two following: policy 9 9 Y P 9 Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessnents on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,clams or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law;ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations;restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation n ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or government2l regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the putlic records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice oll a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which Would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable "doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,tabor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,stale insolvency,or similar creditors'rights laws,that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1992 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching of created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1992 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifical', ',^^,ibed and referred to in Item 3 of Schedule A,or in streets,alleys,or waterways that tot land — . This exclusion does not limit the access coverage in RL... Covered Title Risks. • s IMPORTANT NOTICEd' I) IN ORDER TO CLOSE YOUR ESCROW ON THE DAY YOU WISH, PLEASE READ THE FOLLOWING: OUR COUNTY REQUIRES THAT WE RECORD ONLY AT 8:00 IN THE MORNING MONDAY THROUGH THURSDAY. THE COUNTY OFFICES ARE CLOSED ON FRIDAYS. WE WILL NEED YOUR CLOSING FUNDS AND/OR DOCUMENTS TO RECORD BY NOON ON THE DAY BEFORE YOU WISH TO CLOSE. II) EFFECTIVE JULY 1, 1994, GOVERNMENT CODE SECTION 27361 PROVIDES THE RECORDER SHALL CHARGE AN ADDITIONAL THREE DOLLARS ($3.00) PER PAGE OR SHEET OF EACH DOCUMENT IF ANY PAGE OR SHEET OF THAT DOCUMENT DOES NOT CONFORM WITH THE DIMENSIONS SPECIFIED IN GOVERNMENT CODE SECTION 27361.5 (8 1/2" x 1111) . III) SECTION 12413. 1 OF THE CALIFORNIA INSURANCE..CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE'--INSURANCE -'COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB—ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE. RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IV) CONTACT THE ESCROW OFFICER WHOSE NAME .AND PHONE NUMBER APPEAR ON PAGE 1' OF THIS REPORT FOR ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ENCLOSED PRELIMINARY REPORT. r ORDER NO. BU-150655 TB MID VALLEY TITLE AND ESCROW COMPANY PRELIMINARY REPORT POST OFFICE BOX 3039 601 MAIN STREET CHICO, CALIFORNIA 95928 TELEPHONE (916) 893-5644 ALL POLICIES OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY (6) 2ND AMEND (10/17/95) ESCROW OFFICER: TAMI BARLOW RE: MOORE/PETER IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, FIRST AMERICAN TITLE INSURANCE COMPANY, HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE -SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND. THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES_ AFFECTING TITLE TO THE LAND. THIS .REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF SEPTEMBER 12, 1995, AT 7:30 A.M. ROGER BUTTON, CHIEF TITLE OFFICER PAGE 1 ORDER NO. BU-150655 TB TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: WILMA FAYE MOORE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE AND EASEMENT AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM-WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL BUTTE COUNTY TABES FOR THE FISCAL YEAR 1995-96, A LIEN, BUT NOT YET DUE OR PAYABLE. 2 . A SALE TO THE STATE OF CALIFORNIA FOR GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR(S) 1994-95, AND SUBSEQUENT DELINQUENCIES. AMOUNT TO REDEEM PRIOR TO OCTOBER 31, 1995, IS $183 .65. TAX SALE NO. : 002241 AP# 056-410-002-000 3 . THE LIEN OF SUPPLEMENTAL TABES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF A BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW. RE-CHECK SUPPLEMENTAL TABES PRIOR TO THE CLOSE OF ESCROW. 4. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: ROAD PURPOSES RECORDED: SEPTEMBER 17, 1928, IN BOOK 217 OF DEEDS, PAGE 240, BUTTE COUNTY RECORDS. THE EXACT ROUTE OR LOCATION OF SAID EASEMENT IS NOT DEFINED OF RECORD AND MAY OR MAY NOT AFFECT THE HEREIN DESCRIBED PROPERTY. SAID DOCUMENT CONTAINS REVERSIONARY RIGHTS. f I CONTINUED PAGE 2 i I ORDER NO. BU-150655 TB 5. THE EFFECT OF A LICENSE FOR DIVERSION AND USE OF WATER BY AND BETWEEN PEARL HARDY, ET MAR AND THE STATE WATER RIGHTS BOARD, RECORDED MAY 25, 1959, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 18949. REFERENCE IS HEREBY MADE TO THE RECORDED INSTRUMENT FOR A FULL UNDERSTANDING. 6. RELEASE AND RELINQUISHMENT TO THE STATE OF CALIFORNIA OF ANY AND ALL ABUTTER'S RIGHTS OF INGRESS AND EGRESS, AS CONTAINED -IN INSTRUMENT EXECUTED BY: PEARL F. HARDY REED, WHO ACQUIRED TITLE AS PEARL F. HARDY AND BERT E. REED, (HUSBAND AND WIFE) RECORDED: MARCH 8, 1961, IN BOOK 1103, PAGE 160, OFFICIAL RECORDS. EXCEPTING AND RESERVING, HOWEVER, TO THE GRANTOR THE RIGHT OF ACCESS TO THE FREEWAY OVER AND ACROSS SAID REMAINING PROPERTY AT SPECIFIED POINT(S) . 7. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE BOUNDS OF THAT CERTAIN RECORD OF SURVEY RECORDED: MARCH 21, 1980, IN BOOK 74, OF. MAPS, AT. PAGE(S) 61, BUTTE COUNTY RECORDS. 8. A NON-EXCLUSIVE EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: ROAD, PUBLIC UTILITY AND WATER LINE RECORDED: OCTOBER 6, 1987, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 87-36487. AFFECTS: THE EASTERLY PORTION. 9. MATTERS AFFECTING TITLE TO THE HEREIN DESCRIBED EASEMENT(S) OF WHICH MAY BE SHOWN .BY AN ACCURATE SURVEY DUE TO THE FACT THAT THE LOCATION OF SAID EASEMENT(S) CANNOT BE DETERMINED FROM THE PUBLIC RECORDS. 10. THE LAND DESCRIBED HEREIN APPEARS TO CONSTITUTE A "SUBDIVISION" OF LAND WITHIN THE MEANING OF THE SUBDIVISION MAP ACT. GOVERNMENT CODE 66410, ET SEQ, OR LOCAL ORDINANCES. WE WILL REQUIRE THAT A CERTIFICATE OF COMPLIANCE (GOVERNMENT CODE 66499. 35) EXECUTED BY THE COUNTY OF BUTTE OR A FINAL SUBDIVISION MAP OR PARCEL MAP BE FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, PRIOR TO ISSUING ANY POLICY OF TITLE INSURANCE. CONTINUED PAGE 3 ORDER NO. BU-150655 TB DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: PARCEL I: A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 24 NORTH, RANGE 3 EAST, M.D.B. & M. IN BUTTE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 21 MARKED BY. A BRASS CAP STAMPED, 111/4-1961" ; THENCE NORTH 01 DEG. 00' 45" EAST ALONG THE WESTERLY LINE OF SAID SECTION 21 A DISTANCE OF 1153.95 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEG. 00' 45" EAST ALONG SAID WESTERLY LINE OF SECTION 21 A DISTANCE OF 726.77 FEET; THENCE NORTH 89 DEG. 04' 16" EAST A DISTANCE OF 1946.04 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 32; THENCE SOUTH 07 DEG. 57' 54" WEST ALONG SAID WESTERLY. RIGHT OF WAY LINE OF STATE HIGHWAY 32 A DISTANCE OF 648.95 FEET TO A POINT ON THE NORTH LINE OF THE STATE DIVISION OF FORESTRY PROPERTY, SAID LINE BEING ALSO THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 21; THENCE NORTH 89 DEG. 56' 49" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 542 .28 FEET TO THE NORTHWEST ONE-SIXTEENTH CORNER OF SAID SECTION 21; THENCE SOUTH 00 DEG. 17' 29" WEST ALONG THE WESTERLY LINE OF THE STATE DIVISION OF FORESTRY PROPERTY A DISTANCE OF 117.25 FEET; THENCE NORTH 89 DEG. 56' 49" WEST A DISTANCE OF 1325.82 FEET TO THE POINT OF BEGINNING. RESERVING THEREFROM A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES, 60 FEET IN WIDTH DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE MENTIONED NORTHWEST ONE-SIXTEENTH CORNER OF SAID SECTION 21 AND RUNNING THENCE SOUTH 89 DEG. 56' 49" EAST ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION• 21 A DISTANCE OF 542.28 FEET TO A POINT ON THE WESTERLY LINE OF STATE HIGHWAY 32; THENCE NORTH 07 DEG. 57' 54" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 648.95 FEET; THENCE SOUTH 89 DEG. 04' 16" WEST A DISTANCE OF 60.73 FEET; THENCE SOUTH 07 DEG. 57' 54" WEST, PARALLEL TO AND 60 FEET DISTANT WESTERLY OF THE WESTERLY LINE OF STATE HIGHWAY 32 A DISTANCE OF 587.32 FEET; THENCE NORTH 89 DEG. 56' 49" WEST A DISTANCE OF 549.79 FEET; THENCE SOUTH 00 DEG. 17' 29" WEST A DISTANCE OF 177.25 FEET; THENCE SOUTH 89 DEG. 56' 49" EAST A DISTANCE OF 60. 00 FEET TO THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 21; THENCE NORTH 00 DEG. 17' 29" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 117.25 FEET TO THE POINT OF BEGINNING. CONTINUED PAGE 5 ORDER NO. BU-150655 TB PARCEL II: A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES 60 FEET IN WIDTH OVER A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 24 NORTH, RANGE 3 EAST, M.D.B. & M. , LYING WESTERLY OF, PARALLEL TO AND CONTIGUOUS WITH THE WESTERLY LINE OF SAID STATE HIGHWAY 32 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNERIOF SAID SECTION 21 AND RUNNING THENCE SOUTH 88 DEG. 05' 21" WEST ALONG THE NORTHERLY LINE OF SAID SECTION 21 A DISTANCE OF 631.60 FEET TO THE POINT OF BEGINNING FOR THE EASEMENT HEREIN DESCRIBED, SAID POINT OF BEGINNING BEING ALSO A POINT ON THE WESTERLY LINE OF STATE HIGHWAY 32 ; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES; SOUTH 68 DEG. 01' 24" WEST A DISTANCE OF 7.01 FEET; SOUTH 52 DEG. 28' 49" EAST A DISTANCE OF 30. 17 FEET; SOUTH 52 DEG. 05' 33" EAST A DISTANCE OF 28.84 FEET AND SOUTH 07 DEG. 57' 54" WEST A DISTANCE OF 664.00 FEET; THENCE SOUTH 89 DEG. 041. 16" WEST A DISTANCE OF 60.73 FEET; THENCE NORTH 07 DEG. 57' 54" EAST A DISTANCE OF 703.58 FEET TO THE NORTHERLY LINE OF SAID SECTION 21; THENCE NORTH 88 DEG. 05' 21" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 15.06 FEET TO THE POINT OF BEGINNING. . PAGE 6 S � AM E RIC, NOTICE In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. -A seller.who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an.amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hun- dred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal res- idence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax special- ist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. Form No.4001(4/95) ;.; PORTION N.I/2 SECTION 2If T24N,R3Er M.D.B. A M. -56-41 . 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F0.1..a'�GAUF.rl1.,l'7.G1J GP ell C.4- IN MOCAC MOLAI , 'w1c�4 II C IG:EAST FGREST>z'/PEAS• GAf. R B• ML6R-may OI= C-4 4uJ>•i Ef I NGM:rw i 0.�'wC1aT WILf,b FAYE MOORS 20 121 N of cA�./w'T�o coRNe¢. wl"Fm6O Z_ r•IARaY %I 3 SLI I SZ2 �I7,42-1 CA o`T-PTAd*--' 'tiA.P P1 Q. d 6- j J" b 'N1 ,p1 l'h5 RECORDSURVEY PX.ZIo MAPS fl.31 8 f+.WRT1aJ or"'r1+�I.lORTTI ca.16-HPtpor i SW'1 - ` bCC'no" zl.T7r J.•R•15C.,M.cme.".Ili 1 �q r-c•ul.r� I'm I.a PxUTTE. GOu/JrYr cPL7r'oRN1A.. .•�.r_1 P��.�F+¢cF1 A'V.Ws 111's BZ 09 04 RINOLL AND AOOOCIAT/f,ING A/N* �6 _{ :J IkI N GL OWV*,v fNLLT M CHICO LIFORNIA Or L: 056 410 002 000 STATUS: ACTIVE MOORE WILMA FAYF_ 1080 E LASSEN AVE #49 CHICO CA 95926 Lt 056 210 res 12 000 STATUS: ACTIVE SIERRA PACIFIC INDUSTRIES ATT: JACK FROST P 0 BOX 496014 REDDING CA 96049 L: 056 210 0 63063 STATUS: ACTIVE SIERRA PACIFIC INDUSTRIES ATT: . JACK PROS P 0 BOX 496631.4 REDDING 960149 ol L. 056 210 043 '10 STATUS: ACTIVE SIERRA PACIFIC I USTRIES ATT: JACK FROST P 0 BOX 496014 REDDING CA 60 9 L: 056 210 067 000 STATUS: ACTIVE CRANE MILLS P 0 BOX 318 CORNING CA 96021 L: 056 4113 6`06 vio STATUS: ACTIVE STATE OF CALIFO IA (DIV OF FORESTRY) 63000 L: 056 410 020600 STATUS: ACTIVE MOORE WILMA. FAY SS 1080 E LASSEN #49 CH ICO CA 95926 E:L_ L: 056 410 021 17470 STATUS: ACTIVE ISIS SOPHIA TRUST GIBSON ELAINE TRUSTEES ETAL 4880 SAN JUAN AVE #111 FAIR 0AK.S CA 95628 L: 056 410 022 000 STATUS: ACTIVE WINGS OF LIGHT UNLIMITED i EASON SHARON TRUSTEE ETAL 141. CATHEDRAL LN SEDONA Ac 86336 L: 056 410 023 000 STATUS: ACTIVE HARDY KATHLEEN M SS 1 1266 ORCHARD WAY CHICO CA 95928 I L- 056 410 029 S-s�i STATUS: ACTIVE HARDY RUTH ROSALEE SS 828 POMONA AVE I CHICO CA 95928 L: 056 4157 030 000 STATUS: ACTIVE HARDY CLINTON L SS 1037 NORMAL AVE CHICO CA 95928 L: 056 410 0031 000 STATUS: ACTIVE HARDY HAZEL M SS 701 E LASSEN AVE #225 CHICO CA 95926 L: 056 410 032 000 STATUS: ACTIVE HARDY JERRY SS 701 E LASSEN SP 225 CHICO CA 95926 I _ � y ` 4 i (7, � - ---- ------------------------------------- (� _ QQ i h --954 I -- -- -e.t O - Q c2 - 'ISO Y it I �� r. _ I, ._ _. . _-- _� - __ - 1L Illi - - _ _- - --- li, _ ._ . � ' --- -- - _ _ II _ __ - - - - -- II _- - -_ _ _ _ _ hl - ��� L: 056 410 021 000 STATUS: ACTIVE ISIS ,SOPHIA TRUST 4 F y GIBSON ELAINE TRUSTEES ETAL 4880 SAN JUAN AVE #111 FAIR OAKS CA 95628 L: 056 410 002 000 STATUS: ACTIVE L: 056 410 022 000 STATUS: ACTIVE MOORE WILMA FAYE WINGS OF LIGHT UNLIMITED EASON SHARON TRUSTEE ETAL 1080 E LASSEN AVE #49 141 CATHEDRAL. LN CHICO CA 95926 SEDONiA Ac 86336 L: 056 210 012 000 STATUS: ACTIVE L: 056 410 023 000 STATUS: ACTIVE SIERRA PACIFIC INDUSTRIES HARDY KATHLEEN M SS ATT: JACK FROST 1266 ORCHARD WAY P 0 BOX 496014 REDDING CA 96049 CHICO CA 95928 L: 056 210 0 000 STATUS: ACTIVE L: 056 410 029 000 STATUS: ACTIVE SIERRA PACIFIC INDUSTRIES r HARDY RUTH ROSALEE SS ATT: . JACK FROS P 0 BOX 49601.4 828 POMONA AVE REDDING 96049 CHICO CA 95928 L: 056 210 043 0 " STATUS: ACTIVE L: 056 410 030 000 STATUS: ACTIVE SIERRA PACIFIC I USTRIES HARDY CLINTON L SS ATT: JACK FROST P 0 BOX 496014 1037 NORMAL AVE REDDING CA 6049 CHICO CA 95928 L: 056 210 067 000 STATUS: ACTIVE L: 056 410 031 000 STATUS: ACTIVE CRANE MILLS HARDY HAZEL M SS P 0 BOX 318 701 E LASSEN AVE #225 t CORNING CA 96021 CHICO CA 95926 L: 056 410 032 000 STATUS: ACTIVE L: 056 410 004 000 STATUS: ACTIVE HARDY JERRY SS STATE OF CALIFO NIA (DIV OF FORESTRY) 701 E _ASSEN SP 225 0000 CHICO CA 95926 L: 056 410 020 00 STATUS: ACTIVE MOORE WILMA FAY SS 1080 E LASSEN #49 CHICO CA 95926 Date-12/2.3/97 Development Services Department Time 10:00 am Applicant Billing Worksheet Page 2 DET 98-05 * Terri Latour 2233 Nord Avenue Chico, CA 95926 In reference to : Determination, AP#056-410-002 Rounding : None Full Precision : No Last bill / / Last aging Last charge 12/11/97 Last payment . / / Amount $0.00 Date/Slip# Description HOURSIRATE AMOUNT TOTAL 09/22/97 Teri B. / C 1.00 34.00 #12745 Clerical 34.00 10/06/97 Teri B. / C 0.50 17.00 #12954 Clerical 34.00 10/06/97 Steve L. / LR 0.25 14. 75 #13043 LAFCo Review 59.00 10/06/97 Larry P. / P 0. 75 44.25 #13058 Processing 59.00 10/06/97 Craig S. / P 0.25 14.75 413365 Processing 59.00 10/20/97 Diana S. / C 1.00 34.00 #13482 Clerical 34.00 11/03/97 Diana S. / C 1.30 44.20 #13659 Clerical 34.00 11/17/97 Diana S. / C 0. 10 3.40 . #13943 Clerical 34.00 12/01/97 Diana S. / C 0.50 17 .00 #14214 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 5. 65 $223. 35 TOTAL BILLABLE COSTS $0.00 Date 12/23/97 Development Services Department Time 10:00 am Applicant Billing Worksheet Page 3 DET 98-05 * :Terri Latour (continued) TOTAL NEW CHARGES $223.35 PAYMENTS/REFUNDS/CREDITS 09/24/97 Deposit - Receipt #16055 ( 160.00) TOTAL PAYMENTS/REFUNDS/CREDITS ($160.00) NEW BALANCE New Current period 63.35 TOTAL NEW BALANCE $63. 35 i i /n 3 3. Terri Latour, Application for Determination, AP 056-410-002, PLANNING FILE DET 4 98-05, request for a legal lot determination for a parcel located on the west side of 5 Highway 32, across from Platt Mountain Road. Forest Ranch. (LP) 6 7 . Mr. Sanders said the 5 acre parcel, created in 1979, is within the Ben Culet court judgement 8 area. The current zoning is TM-5. The parcel meets the zoning and General Plan requirements. 9 10 Mr. Edell said a note should be added to the certificate that there should be no further division 11 of the land unless access is provided pursuant to 20-134 of the Butte County Code. 12 13 There was no one present to speak on this item. 14 15 HEARING CLOSED TO THE PUBLIC 16 17 It was moved by Mr. Sanders, seconded by Mr. Erickson, and carried unanimously to approve 18 the Application for Determination for Terri Latour on AP 056-410-002, subject to the findings and 19 conditions contained in the.staff report dated October 15, 1997, with the additional note 20 recommended by Mr. Edell. 21 22 Section 1: Environmental Findings. 23 24 A. The project is categorically exempt from environmental review under the General Rule 25 exemption; and 26 27 B. Issuance of the Certificate will not be detrimental to the people of Butte County or other 28 properties in which the property is situated; and 29 30 Section 2: General Findings. 31 32 A. The parcel is in conformance with the Butte County Zoning and General Plan; and 33 34 Section 3: Action. 35 36 A. Subject to.the findings indicated in Sections 1 and 2 of this report, recommend the 37 Development Review Committee approve this Determination and issue a Certificate of 38 Compliance for Terri LaTour, on APN 056-410-002 subject to the following conditions. 39 40 Conditions: 41 42 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The 43 current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated 44 current cost for recording this Certificate is $10.00 without conditions, $13.00 with Butte County Development Review Committee-November 13, 1997-Page 1 _w ,y 1 conditions. This cost estimate is based on 1 page notification (first sheet), 1 page of legal 2 description'attached as Exhibit "A", and 1 page of conditions attached as Exhibit "B". 3 4 2. Place the following informational note on the Certificate of Compliance: "All new 5 structures must meet the Fire Safe Regulations of the Butte County Code and Public 6 Resources Code 4290 and 4291." 7 . 8 3. Place the following informational note on the Certificate of Compliance: "There shall be 9 no further division of the property unless access is provided pursuant to 20-134 of the 10 Butte County Code. 11 12 Butte County Development Review Committee-November 13, 1997-Page 2 s ' Ea itecount LAND OF NATURAL WEALTH AND BEAUTY X41 PLANNING DIVISION _' ; DEPARTMENT OF DEVELOPMENT SERVICES November 13, 1997 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538.7601 FAX: (916)538-7785 Terri Latour 2233 Nord Avenue Chico, CA 95926 RE: Application for Determination,AP 056-410-002 FILE DET 98-05 Dear Ms. Latour: At the regular meeting of the Butte County Development Review Committee held on September 25 , 1997, the Committee granted a Conditional Certificate of Compliance for the above-referenced property. The conditions are: 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $10.00 without conditions, $13.00 with conditions. This cost estimate,is based on 1 page notification (first sheet), 1 page of legal description attached as Exhibit "A", and 1 page of conditions attached as Exhibit"B". 2. Place the following informational note on the Certificate of Compliance: "All new structures must meet the Fire Safe Regulations of the Butte County Code and Public Resources-Code 4290:and•4291 "' 3. Place the following informational note on the Certificate of Compliance: "There shall be no further division of the property unless access is provided pursuant to 20-134 of the Butte'County Code. There is a fifteen-day appeal period before this certificate can be recorded unless you sign and return the enclosed waiver waiving your right to appeal the committee's decision. If the conditions are cleared prior to the end of the appeal period, a "clean" certificate with no conditions will be recorded. Should you have any questions regarding this matter, please contact this office Monday through Thursday, between 8:00 a.m. and 4:00 p.m. at 538-7601. Very truly yours, Thomas A. Parilo Director, Development Services By 104a�� zz" cc Environmental Health Department Building Division Land Development Division • e STATE OF f:ALIFORNIA-BUSINESS.TRANSPORT, 4ND HOUSING AGENCY PETE WILSON,Governor 'DEPARTMENT OF TRANSPORTATION. DISTRICT 3 P.O.BOX 911 MARYSVILLE,CA 95901 TDD Telephone(530)7414509 FAX(530)741-5346 Telephone(530)7414539. November 7, 1997 . HB UT004,022,092,IB UT 165 03-BUT-32 PM 28.2 Moore/Latour Certificate of Compliance at PM 28.442 Application Mr. Larry Painter, Planning Technician Butte County Planning Division Department of Development Services 7 County Center Drive Oroville, CA 95965-3397 j Dear Mr. Painter: Thank you for the opportunity to review and comment on the above referenced document. COMMENTS: Caltrans certifies that the existing 30-foot-wide access opening at Postmile 28.442 (see attached location map) on the west side of State Route (SR) 32 in Butte County, with the existing paved road approach to the SR 32 highway, is adequate for the existing uses on APN 056-410-002. Currently, this location is landmarked with a yellow gate. Caltrans certification is consistent with our letter of March 12, 1996, (copy attached) to Ms. Susan Minasian, County Counsel for Butte County. This opening and approach are adequate to also serve at least four more homes (with granny units). We do not see any need to change this access opening to a public road or make any additional driveway improvement to serve this level of residential use. I As long as the stipulations referenced above are incorporated as part of the compliance document conditions,Caltrans does not object to Butte County issuing a Certificate of Compliance for a Legal Lot Determination. If you have any questions regarding these comments, please contact Phil Jones,Inter Governmental Review/CEQA Coordinator, at(530) 741-4004. Sincerely, ,if�tit C'e� E.A. "LIB HARAUGHTY, Chief Office of Transportation Planning- Rural Planning Division c: . Jon Clark,Butte County Association of Governments NOV 1 0 Wt Oroville,California STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION Ot AGENCY PETE WILSON Govemor DEPARTMENT OF TRANSPORTATION _ _ DISTRICT 3 P.O.BOX 911 MARYSVILLE.CA 95901 TDD Telephone(916)741-4509 FAX(9 16)74t 046 Tele0hone(916)741-4539 March 12. 1996 HBUT004, HBUT022 03-BUT-32 PM 28.2/28.7 Moore/Latour Sale Certificate of Compliance at PM 25.442 Request For Assistance Ms. Susan Minasian, County Counsel Butte County 25 County Center Drive Oroville, CA 95965-3380 Dear Ms. Minasian: We have received your letter of February 21,.1996, requesting assistance in the evaluation of the State Route (SR) 32 access opening for APN# 056-410-002, and the potential consequences for APN's 056-410-029, -030, -031, and -032. We also received a courtesy copy of a January 10. 1996, response that Stuart Edell, Manager. Butte County Land Development Division, provided to Ms. Wilma Moore on her pending property sale and her request for a Certificate of Compliance for the Title Company. In addition, we responded to October and November 1995 phone calls from Terri Latour, her Realtor, W-1d Russ Croninger, an engineer, regarding this situation. We are offering the following time line summary to clarify what our records show regarding State Route (SR) 32 access in that area, and what we could "certify". March 1961 Caltrans obtained a Grant Deed (see enclosed) from Pearl Hardy for SR 32 right of way through her large (100+ acres) ranch parcel west of the right of way (NW 1/4 Section 21, T24N, R03E). Hardy relinquished all abutters rights except for a private access opening of 30 feet at the line between Sections 21 and 16. Although the access road does not appear to follow the easement as shown on the Assessor's map, our aerial maps indicate that the SR 32 Postmile (PM) for this opening is 28.442 (i.e. Your "about 600 feet south of Milepost BUT 28.7"). This access opening tapers out to 59.0 feet at the adjoining public highway right of way line. Our understanding from various sources is that this paved road approach "has been used for years" as a private driveway for entrance to the farm and a summer home. This access opening also serves the California Division of Forestry Lookout Station in Section 16. The Meets and Bounds map with the Grant Deed indicates Old (State Route ) 47 was abandoned, and public access was designated only for-Road 21OG (PM 29.034) to the East. March 1972 According to Edell's letter, Ms. Moore's 30.94 acre parcel (APN 056-4107002) and others were created by decree of distribution. Evidently, this was to allow the children to inherit separate parcels on both sides of SR 32. Although these parcels were designated in November 1983 (PM93-83) for tax purposes, no subdivision requests have been received or approved. January 1985 Caltrans transmitted the final Controlled Access Highway Agreement (CAHA) for SR 32 from Humboldt Road near Hog Spring (PM 15.1) to about 0.1 mile north of Humboldt Road near Lomo (PM R37.0) (enclosed). This package includes both the October 1994 CAHA signed by County and Caltrans, and the November 1984 Butte County Board of Supervisors Resolution 8.4-169 for the SR 32 CAHA. The CAHA provided for four new 60 foot wide at-grade public road connections, west of Forest Ranch, as follows: Ten Mile House Road (PM 18.5), La Costana Drive (PM 18.9), Altatina Drive (PM 19.4) and Fourteen Mile House Drive (PM 21.8). These received ,NIs. Susan Minasian, County t_ounsel March 12, 1996 Page 2 California Transportation Commission (CTC) approval after a length), Environmental Impact . Report (EIR) process. Mitigation in that process included compensation to the adjacent property owners for our right to control access to the State highway. The CAHA Map indicates that existing public road access openings in Section 21 included Garland Road (Co. Rd. 5150, PM 27.75) and Platt Mountain Road (CO. Road. N217. PNI 28.17). The only public road access opening in Section 16 is for Road 21OG to the East (at Phi 29.034), which extends to Section 17. This later access point appears to be the closest public road access opening to Moore on herside of the highway. W ti}�✓u June 1989 County Assessors Parcel Maps were revised to indicate the 1972 and other unofficial and official parceling for the North half of Section 21 which created 29 parcels in place of 13. Again, this tax map is not a verification of a change in the CAHA. the size of any access openings. or the allowable uses of driveways and adjacent lands. Caltrans would be willing to certify than the existing 30 foot wide access opening at Postmile 28.442, with the existing paved road approach to the SR 32 highway, appears to be adequate for the existing uses on APN 056-410-002. This opening and approach are adequate to also serve at least four more homes (with granny units). We do not see any need to change this access opening to a public road to serve this level of residential use. The County's requirement for a "60 foot wide easement to a public road" is not inconsistent with a 30 foot wide access opening for the homes in this situation. However, if any non- residential uses or additional parcelization which would use this access opening is proposed. it should be sent to us for review and recertification or reauthorization analysis. Changing the private access opening to a public road would require that the CAHA be reauthorized,by the CTC. Reauthorization consent from the CTC could be a fairly expensive process ($50,000 +/- for engineering and environmental documents) and could take more than 6 months. The critical element needed for the analysis would be a Site Plan which shows the history of parcelization and proposed options for development. In addition, Caltrans review and recommendations would need to be submitted with a request for inclusion on the CTC Consent Agenda. If you have any questions regarding these comments, please contact Terri Pencovic, Inter ;mmental Review/CEQA Coordinator. at (916) 741-4199. Sincerely, Original signed by E. A. "LIB" HARAUGHTY, Chief Office of Transportation Planning - Rural .osures Jon Clark, Butte County Association of Governments Stuart Edell, Butte County Planning Wilma Faye Moore, 1080 East Lassen Ave., Apt. n49, Chico 95926 District Routing Jim Brake, Traffic Ops Scott Jackson, Right of Way Mike Forga, Special Funded Rich Jones, Permits IGR/CEQA File (2) ....':tp/jh x x x x x DRAWN BY:OR.E. CN ECKEO BY:WLB o hnP RENO"(:WL_ -OFT DATE G 30 60 T / -Wo -A, 0�0 �.N'i 4��w� •�'•° P ? O //_J.. I_ t ZIN ri 1 ~'O i tJJvv v v v npi W o O /,/ 10 6♦ /^ P01. 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' LAND OF NATURAL W E A L T H AND BEAUTY �- r :t PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397 October 22, 1997 TELEPHONE: (916)538-7601 FAX: (916)538.7785 Terri Latour 2233 Nord Avenue Chico, CA 95926 RE: Application for Determination, AP 056-410-002, PLANNING FILE DET 98-05 Dear Ms. Latour: Please be advised that the Butte County Development Review Committee will hear your application on the above-identified property on November 13, 1997. The Committee will be reviewing the findings and conditions contained in the Planning Division Report and will be considering your application. . The meeting will commence at 8:00 a.m. in the Board of Supervisors' Room, County Administration Building, 25 County Center Drive, .Oroville, California.. If you have any questions regarding this matter, please contact this office Monday through Thursday, from 8:00 a.m. to 4:00 p.m. at 538-7601. Very truly yours, Thomas A. Parilo Director of Development Services By attachment cc Environmental Health Department Land Development Division AGENDA REPORT TO: Honorable Chair and Development Review Committee FROM: Department of Development Services DATE: October 15, 1997 REQUEST: DET 98-05 -Application for Determination for Terri LaTour, on APN 056-410- 002: This is a request for a Determination for a Certificate of Compliance for a 30.94 acre parcel located on the west side of State Hwy 32, across from Platt Mountain Road, Forest Ranch. This project is located in an area zoned A-5 (Agricultural-5 acre minimum parcel size). This project is located in Supervisorial District 3. RELATED ITEMS: None FOR: Development Review Committee Meeting of November 13, 1997. SUMMARY: This is a report for a Determination for a Certificate of Compliance. Staff recommends approval of this request. ANALYSIS: The 5 acre parcel was created by a judgement deed, in Book 2421 of Official Records at page 345 on July 13, 1979. This parcel is one of the many parcels that are within the Culet judgement area. The current TM-5 zoning for the project site was established on February 10, 1976 by Ordinance No.1679. The Land Use Element Map of the Butte County General Plan designates the project parcel as Agricultural Residential. The size of the parcel meets the size requirement of the TM-5 zoning and of the General Plan. No improvements have been made to the parcel. Domestic water for any future development on the project parcel will be obtained from an on-site well. Sewage disposal will be handled by an on-site septic system. The Butte County Department of Public works has stated that the access to the property is only 30 feet wide at the entrance and tapers out to a 60 foot wide easement. Caltrans has no problems with the access to the existing parcels at this time but has stated that should there be any,further subdivisions of the parcels using this access they would need an environmental impact report and widen the access to 60 feet. The Butte County Fire Department has recommended a condition of this project that requires any new development on the project parcel to meet the Fire Safe Regulations of Butte County and Public Resources Code 4290 and 4291. The Butte County Environmental Health Division recommends approval without conditions from their department. ENVIRONMENTAL DOCUMENTATION: This project has been determined to be exempt from the California Environmental Quality Act (CEQA) provisions under the General Rule exemption. ■Butte County Department of Development Services ■ 1 RECOMMENDATION: Staff recommends that the Development Review Committee approve the Determination for Terri LaTour, on APN 056-410-002 subject to the following findings and conditions. Section 1: Environmental Findings. A. The project is categorically exempt from environmental review under the General Rule exemption; and B. Issuance of the Certificate will not be detrimental to the people of Butte County or other properties in which the property is situated; and Section 2: General Findings. A. The parcel is in conformance with the Butte County Zoning and General Plan; and Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, recommend the Development Review Committee approve this Determination and issue a Certificate of Compliance for Terri LaTour, on APN 056-410-002 subject to the following conditions. Conditions: 1. Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is $7.00 for the first sheet plus $3.00 for each additional sheet. The estimated current cost for recording this Certificate is $10.00 without conditions, $13.00 with conditions. This cost estimate is based on 1 page notification (first sheet), 1 page of legal description attached as Exhibit "A", and 1 page of conditions attached as°Exhibit "B". 2. Place the following informational note on the Certificate of Compliance: "All new structures must meet the Fire Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291." K:XPROJECTS\CODXATOUR.DETXDET98 05.RPT ■Butte County Department of Development Services ■ 2 i n I TPZ-160 N U Project Locad n I M-5 `" TPZ-160 I U :.Carl�nd Road �i i i ---- M- U TPZ-160 -720 CL TM-40 BUTTE COUNTY DEVELOPMENT REVIEW COMMITTEE Applicant: Terri LaTour Owner: Wilma Moore Hearing Date: Existing Zone: TM-5 (Timber Mountain, 5 acre minimum) N Request: Legal Lot Determination No Scale Assessor Parcel No: 056-410-002 - File: 98-05 1 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Terri Latour, DET 98-05 DATE: October 13, 1997 CONTACT PERSON: Larry Painter The Planning Division has received an application for development of the below described property. The application is being reviewed for completeness and ,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Legal Lot Determination for a cerificate of Comoliance on property zoned TM-5 (Timber Mountain.5 acre parcel) located on the west side of Highway 32, across from Platt Mountain Road. Forest Ranch, identified as APN 056-410-002. It is within Supervisorial District No. 3. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON November 13, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 27, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): "TKA E5ZjZ- COVN-TV MOC-GlAI16 C_"Ir-C) Qmt11F-D Sr.onnl. DIST- (',CA W4 - N I_tO m_ r o :r.,rr_czt✓ K(,t11'K C,0 n.,�u�►y'Y Co Lt.�ter_ �I S-r By: Date: n 7 4 1997 Pr/1�v 1 1 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7&8ville,California 1 i .w �s 3 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Terri Latour, DET 98-05 DATE: September 25, 1997 CONTACT PERSON: The Planning Division has received an application for development of the below described property. The application is being reviewed for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. If a response cannot be submitted within the time frame given, o,if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Legal Lot Determination for a Cerificate of Compliance on property zoned TM-5 (Timber Mountain. 5 acre parcel) located on on the west side of Highway 32,across from Platt Mountain Road, Forest Ranch, identified as APN 056-410-002. It is within Supervisorial District No. 3. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _PLANNING COMMISSION - X DEVELOPMENT REVIEW COMMITTEE ON October 23, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 8,1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): A eE2. &,l n 6o2e),�-ry'r! /T Y o9er12W 404 Visraitiari1--02 L&zr1Uc f�M'Py 9 ;? 4z/ o✓Z 345�. w o g Acc er5s Lis t^,w-wT /w-wa u wf ry 3o ' f A-t- Ty y2 . C4r' 7Z4,V5 /dads tiuT 0jrZr- rc "Cici.Vs o/� Cdi2T/sac/YYt! do � c i/tricr! 072 an .Ott %Tr . 2. , We ed -r#ow,,�s f oc✓A✓cKs iYpi/' i.✓ 30�" �c /�/�-izL�c ice✓ Qv�rrti- 3. c%c.--f cam.>� �J 14,4�171e" � ision 97 Oroville,California By: C` �iG>' Date: RECEIVED SEP 2 5 1997 COUNTY OF BUTTE LAND DEVELOPMENT DIV. �M 1' J CERTIFICATES OF COMPLIANCE STANDARD CONDITIONS APPLICANT:Terri Latour DATE: September 25, 1997 ,AGENT: APN: 056-410-002 Required for all Certificates of Compliance X Pay the recording fee in effect at the time the Certificate of Compliance is recorded. The current fee is$7.00 for the first sheet plus$3.00 for each additional sheet. The estimated current cost for recording this Certificate is$/0.00 without conditions,$/7.00 with conditions. this cost estimate is based on 1 page notification (first sheet),I pages(s) of legal description attached as Exhibit"A", and I page(s) of conditions attached as Exhibit"B". Health Dept.Conditions: Prove that adequate quantities of domestic water for a single family residence are available to the parcel. Prove that adequate sewage disposal area for a single family residences exists on the parcel. Provide a"will serve" letter from verifying the property is within their district boundaries and that they are willing and able to provide sewer service to the subject property. Provide a"will serve"letter from verifying the property is within their district boundaries and that they are willing and able to provide water service to the subject property. Provide evidence that there are adequate quantities of potable domestic water available to property in accordance with section 12 of the Subdivision Ordinance Improvement Standards. Provide evidence that there is adequate useable sewerage disposable available to property in accordance with Appendix VII of the Subdivision Ordinance Improvement Standards. Public Works Conditions: Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. Provide approved access to the parcel from a publicly maintained road or state highway in accordance with the County Code. Minimum easement width to be_feet. Verify legal access to the parcel from Craig Access Road. Provide documentation from the State Department of Water Resource Division of Parks and Recreation allowing the use of Craig Access Road as access to the parcel. Fire Dept. Place the following informational note on the Certificate of compliance"All new structures must meet Fire Safe Regulations of the Butte County Code and Public Resources Code 4290 and 4291." i i RECEIVE® SPP 2 5 1997 COUNTY OF BUTTE LAND DEVELOPMENT W. C� BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION ,n, TO: Environmental Health Caj'J0M;a FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Terri Latour, DET 98-05 DATE: September 25, 1997 CONTACT PERSON: The Planning Division has received an application for development of the below described property. The application is being reviewed for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. If a response cannot be submitted within the time frame given,or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Legal Lot Determination for a Cerificate of Compliance on property zoned TM-5 (Timber Mountain. 5 acre parcel) located on on the west side of Highway 32, across from Platt Mountain Road. Forest Ranch, � identified as APN 056-410-002. It is within Supervisorial District No. 3. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - X DEVELOPMENT REVIEW COMMITTEE ON October 23, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 8, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): 43!1144'Plod a 12) t4 ItC-4 4T L //ZBy: Date: Plannin Division 0 C 10 8 1997 Oroville,California k f Det 98-05 AP#056-410-002 Terri LaTour 8 TPZ-160 N u TU EProjectocati n -V AR _ r M-5 '' as TPZ-160 �arla�d Road U TM _-= a M- 0 lJ TPZ-160 ANO m TM-40 LEAD - Eli SHEET FILE NO: DBT 98-05 AP# 0.'S' to -Ll\0- 002 APPLICANT: Terri Latour, 2233 Nord Ave., Chico, CA 95926 Na&c address OWNER: 'Wilma Faye Moore, .1080 E. Lassen Apt. #49, Chico, CA 95926 Name address RESPRESENTATIVE: Name address REQUEST: L<-!i a\ Lok -�o c- ck C�r�-i-�c��c o� Co r••r cc r�ce SIZE: -So -` 1-k Ac- LOCATION: cLOCATION: ic>iAe- -� 3'?- , across SUPERVISORAL DISTRICT# :3— EXISTING ZONING: ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: A APPLICABLE REGULATIONS: .� kAforms\lead-in Planning Division SEP 2 5 1997 ®roville,Calitornia COMMENT DISTRIBUTION LIST APPLICATION: Terri Latour DATE: September 25, 1997 County Offices and Cities: Chief Administrative Officer /X_ Develop.Services Director r_ _ Public Works Director t { Environmental Health _ Building Manager Sheriff _ BCAG _ ALUC _ LAFCo _ APCD _ Butte Co.Farm Bureau Biggs _ Gridley Chico Oroville _ Paradise Chico Airport Commission Agricultural.Commission Irrigation District: Butte Water _ Biggs/W.Gridley Water Durham Irrigation OWID _ Paradise Irrigation Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other _^ Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) _ L.O.A.PUD Fire Protection JX_ California Department of Forestry_ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _ PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept.of Water Resources _ Dept.of Fish and Game Forestry(Attn:Craig Carter) _ Dept of Packs and Rec. _ Highway Patrol Central Reg,Water Quality Cont. _ Caltrans,Aeronautics Program Department of Conservation _ Off.of Mining Reclamation _ Off.of Governmental&Env.Relations Dept.Social Services,Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of Land Management _ US Fish&Wildlife Service Army Corps of Engineers Other Districts,Agencies,Committees,etc. Lime Saddle Dist _ Community Association _ Mosq.Abatement.Oroville/Butte Co Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society Butte Co.Mining Committee _ Forest Ranch Community Assoc. _ Butte Ck.Watershed Conservancy_ School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Terri Latour, DET 98-05 DATE: October 13,1997 CONTACT PERSON: Larry Painter The Planning Division has received an application for development of the below described property. The application is being reviewed for completeness and , if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Legal Lot Determination for a cerificate of Compliance on property zoned TM-5 (Timber Mountain.5 acre parcel) located on the west side of Highway 32,across from Platt Mountain Road, Forest Ranch, identified as APN 056-410-002. It is within Supervisorial District No. 3. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON November 13, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN October 27, 1997. If no comments or communications are n-ceived by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 DATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC ZONING ENV OTHER APPLICANT RECEIVED FROM NO. RECEIVED WORKS PERMITS DOCUMENTS HEALTH RECEIPT 16055 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY 587 - . 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O / (V 3 eb rhi 'nO IM 27 c\l64 eDfn . 5 1 /053.2540.94AC M 290.705AC 581.31 Q 0 26 27 O 2B ori PM 113-9 2 I a 293.53 287.78 6.59AC 6.59AC 441.24 1 "' /3 .4 �� / \\5.00AC� lB l9 RS 74-61 ° Q 3 O a O r) h b 5.0/AC. '^ h O \ O1 � C ►. 5AC 670.45 - a /6 \\ IO.00AC 2/ h 5.29AC 670.46 � \ \ 1340.91 LYNN H RDY SUB VISION PM 93-83/ 261.39 278.4-9 \ . 277.25 437 N 88001'46"W .35 I 290.70 �� \�--- - _ O'`581.31 278.l6 303.15 2 I _# RS 74-61 4-21-80 21 - - Assessors Mop No. 56-41 - _ PM 93-83 11-9-83 LYNN HARDY SUBDIVISION /16 M-0-R. PGS. 18, /9 8`20-" 6-R_ po o .,, , r_ _.. County of Butte, Cdlif.