Loading...
HomeMy WebLinkAboutDET 99-03_PLANNING SEPARATOR SHEET Hary O�D ,— GJ�O � '111Q1 PROJECT NUMBER HET 19- 0 SUMMARY SHEET FOR LAND DIVISIONS APPLICANT:Marilyn Walker PLANNER: FILE#DET 99-03 ADDRESS: 5072 Hawley Ct., San Jose,CA 95118-2123 OWNER: Same PROJECT DESCRIPTION: Legal Lot Determination LOCATION:west of Berry Creek,north of and adjacent to Cherokee Lane,approximately 1000 feet east of the intersection of Cherokee Lane and He-Le-Ve Road ASSESSOR'S PARCEL NUMBER(S): 061-560-018 ZONING:U(Unclassified)-GENERAL PLAN:Timber Mountain PROJECT CONSISTENT?: GENERAL PLAN CONFORMANCE REPORT: NOT REQUIRED LAND CONSERVATION ACT CONTRACTS?: DATE APPLICATION RECEIVED: January 4, 1999 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 ASSIGNED TO DISK RECEIPT NUMBER LD 1005 (10/94) Marilyn Walker,proposed Legal Lot Determination on property zoned"U" (Unclassified). The project is located west of Berry Creek, north of and adjacent to Cherokee Lane, approximately 1000 feet east of the intersection of Cherokee Lane and He-Le-Ve Road,north of Oroville. (DET 99-03) (SB) Mr. Nelson was present at this time. Mr. Wilson gave a brief summary of the request. The hearing was opened to the public. Ms. Millington,representing the applicant, said there is no single family residence on the property at this time. She said there is a•8'x 20'travel trailer on the property. She said the applicant has no problems with the conditions. Ms. Cage asked if there was a public road at the Cherokee Lane/Mann Avenue area? _r Ms. Millington said she believes it is considered a maintained road. T T The hearing was closed. It was moved by Craig Erickson, seconded by Ms. Cage, and unanimously carried to approve the Legal Lot Determination for Marilyn Walker (DET 99-03) subject to the following findings and conditions: Section 1: Findings. A. The project is exempt from environmental review under the General Rule exemption Section 15061(b)(3). B. The parcel was approved through the Don Mann court judgement. Section 2: 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. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 3. Provide approved access to the parcel from Encina Grande in accordance with the County Code. Minimum easement to be 60 feet. (Easement contained in title report and deeds does not appear to reach the property). ■BC DEVELOPMENT REVIEW COMMITTEE MINUTES ■FEBRUARY 25, 1999 ■ 4. 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". ■ BC DEVELOPMENT REVIEW COMMITTEE MINUTES ■FEBRUARY 25, 1999 ■ DEPARTNIEN_ DF DEVELOPMEN' SERVICES BUTTE COUNTY UNIFORM APPLICATION APPLICANT: Avent information to he provided is on other side: APPLICANT'S NAME( if applicant is different from owner an affidavit is required ASSESSOR'S PARCEL NUMBER: mlakWeAi S e t--Sro -lrS� ADDRESS. CITY.STATE&ZIP CODE FILE NUMBER (FOR OFFICE USE) NAME OF PROPOSED//D�PROJEC1-(If any ) TELEPHONE A ( 1 LOCATION OF PROJECT(Major cross streets and Address, if any) GENERAL 24MRMATION REQUTRED OWNER'S NAMEp TELEPHONE s / t� ADDRESS: CITY.STATE&ZIP CODE x-0`7 f c S' olonr 69 q -1 '-2tz3 ;r•, v ZONE GENER AT,PLAN EXISTING LAND USE ;_ SITE SIZE(it Square Feet or Acres) EXISTING STRUCTURES(ii Square Fea) PROPOSED S7RUCIURES(in Square Feet) (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 0,PROPERTY IS OR PROPOSED TO BE ON WELL WATER LIGATION ,.,,:•:;�'. :� .:�, APP REQUESTED . :r ❑ GENERAL PLAN AVENDNENT ❑ TENTATIVE SUBDIVISION MAP ❑ REZONE ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ Iy1INOR USE PERbIIT ❑ BOUNDARY LINE MODIFICATION [3 VARIANCE LEGAL LOT DETERMINATION ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER [3 ADMINISTRATIVE PERMIT -3MINING AND RECLAMATION PLAN v ❑ DEVELOPMENT AGREEMENT ❑ OTHER PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If tNs application is for a land division,describe the number and size of parcels.) i.' _ \ ) JA14 0 4 r•c nt. OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OFTIIE ABOVE DESCRIBED PROPERTY. FURTHER.I ACKNOWLEDGETHE FILD\G OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVi! NFOR.1 ATION IS TRUE AND ACCURATE (If an agent t3 to be authoctzed,execute an affidavit of authorization aM include the affidavit with Ihu plication.) DATE: ��„,� _99 SIGNATURE: AGENT AUTHORIZATION To Butte County, Department of Development Services; Bidwell *Realty Rett'Pr unmac � trrlrE�9�3}6_(Marion Millington). Print Name of Agent and Phone Number 4572 olive Highway oroville, CA. 95966 .Mailing Addrm is hereby authorized to process this application for Ma r i l v n 'Wa 1 k e r on my property, identified as Butte County Assessors Parcel Number 61-56-18 . This authorization allows representation for all applications, hearings, appeals,etc. and to sign all'documents necessary for said processing,'but no-& ircludkig , document (s) relating to record title interest. , Owners) of Record: (sign and print name) Print Name Print Name Signatum Signature Architect and/or Engineer. Print Name o[ArchitecuEngineer Aad Pbooe Number Mailing Address FOR OFFICE USE ONLY Verify: Date received: Total amount received: AP Number(s) Legal Description Owners Authorization Zoning requirements Project Description Copies of plot plan s Taken by Receipt No. E.H. LD Plan 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 S as of Make check payable to "Butte County Treasurer". AGENT AUTHORIZATION To Butte County, Department of Development Services; -.3ocz:� Print Name of Agent and Phone Nuinber ®j 11,0 76(,w v Aw14CA Mailing Address is hereby authorized to process this application for MIMLLW �9 . on my property, identified as Butte County Assessors Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including 7 document(s) relating to record title interest. Owner(s) of Record: (sign and print name) ' Print Nana Print Name R !�JJ14,jt/Z yW �. &iL-r.GA, s rc signuurc i Architect andPor Engineer- , f Print Name of.lrchitect/Engineerssd Phone mba Mailing Address i { FOR OFFICE USE ONLY Verify: Date received: Total amount received: AP Number(s) Legal Description Owners Authorization Zoning requirements Project Description Copies of plot plan Taken by Receipt No. E.H. z D Plan 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 S as of } Make check payable to "Butte County Treasurer". Planning UIV0011 ' JAN 0 4 109 Oroville,Caldorm r r 4572 Olive Hwy. r Oroville,CA 95966 OFFICE:(916)589-3000 FAX:(916)589-3035 Member Million 4' RES:(91'6)589-0789 Dollar club bidwell@cncnet.com - Jut. ; MARION MILLINGTON T �REEALTOR' T ; a , Blll��ELL Gj�oemeso REALTY and Gardens AGENT AUTHORMMON To Butte County, Department ofDevelopment Services; 413. ARIOo 84 - Pririt Name of Agent and Phonc N ber 574- (g4f6w mk/y i114!LCA 9;5F46 Marling Addrea is hereby authorized to process this application for M&WYN .3 . on my property, identified as Butte County Assessors Parcel Number This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document (s)relating to record title interest. s Owner(s) of Record: (sign and print name) Print Naas -Print Name kit 4,Y-Au 7S' i Signature Architect and&r Engineer: Print Name of Arc tectfEngineer and Pboo tuber Mailing Address f - i FOR OFFICE USE ONLY Verify. Date received: Total amount received: AP Number(s) Legal Description Owners Authorization Zoning requirements } Project Description Copies of plot plan Taken by Receipt No. E.H. LD Plan 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 S as of Make check payable to,`Butte County Treasurer", i 1 ' Form No. 1068-1(Rev. 10/17/92) Exhibit A to Preliminary Report AMEBIC �9 Preliminary . Report Angela MastelottO Escrow officer Mid valley Title and Escrow Co. Chico — Oroville — Paradise, Affiliated With First American Title Insurance Company 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. a 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 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 rhe 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 paidvalue 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: 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 heretofore or hereafter furnished,imposed by law and not shown by the public records. IMERICAN LAND TITLE ASSOCIATION LOAN POLII 970 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 claimant,(b)not Mown to the Company and not shown by the public records but known to the insured claimant either at Data of Policy or at the date such claimant acquired an estate or interest insured 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 herein as to assessnents 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 policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 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. i 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 servi:es,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 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 Dale 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,labor 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 Police 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,state 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 8 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 olher'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. B. 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,casts,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) allaching 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. 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 8 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 specifically described and referred to in Item 3 of Schedule A,or • in streets,alleys,or waterways that f iur land This exclusion does not limit the access coverage in of Covered Title Risks. IMPORTANT NOTICE! I) IN ORDER TO CLOSE YOUR ESCROW ON THE DAY YOU WISH, PLEASE READ THE FOLLOWING: OUR COUNTY REQUIRES THAT WE RECORD ONLY AT 9:00 IN THE MORNING MONDAY THROUGH FRIDAY. - 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 27.361 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 1/21t 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. ORDER NO. BU-170924-3 MID VALLEY TITLE AND ESCROW COMPANY PRELIMINARY REPORT POST OFFICE BOX 1068 2295 FEATHER RIVER BLVD. , STE. A OROVILLE, CALIFORNIA 95965 TELEPHONE (530) 533-6680 ALL POLICIES OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY YOUR UR NO. ESCROW OFFICER: RE: WALKER/BARFIELD 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 C9JERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS . THE PRINTED EXCEPTIONS AND EXCLUSIONS FRCM 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 NOVEMBER 13, 1998, AT 7 :30 A.M. ROGER BUTTO , CHIEF TITLE OFFICER PAGE 1 ORDER NO. BU-170924-3 TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: MARILYN S. WALKER, SURVIVING JOINT TENANT 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 TAXES FOR THE FISCAL YEAR 1998-99, 1ST INSTALLMENT: $40 . 89, PAID 2ND INSTALLMENT: $40 . 89, DUE 2/1/99, DEL 4/12/99 EXEMPTION: $_o_ ASSESSED: SEPARATELY AP# 061-560-018-000 CODE AREA 101-000 2 . THE LIEN OF SUPPLEMENTAL TAXES 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 TAXES PRIOR TO THE CLOSE OF ESCROW. 3 . A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES AS RESERVED FOR: ROAD AND PUBLIC UTILITY PURPOSES RECORDED: JANUARY 12, 1972, IN BOOK 1728, PAGE 54, OFFICIAL RECORDS. AFFECTS: THE SOUTHERLY 30 FEET AND EASTERLY 30 FEET. 4 . A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES AS RESERVED FOR: ROAD AND PUBLIC UTILITIES RECORDED: JANUARY 18, 1972 , IN BOOK 1729, PAGE 198, OFFICIAL RECORDS. AFFECTS: THE EASTERLY 30 FEET. CONTINUED PAGE 2 ORDER NO. BU-170924-3 5. A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES AS RESERVED FOR: ROAD AND PUBLIC UTILITIES RECORDED: JANUARY 18, 1972, IN BOOK 1729, PAGE 205, OFFICIAL RECORDS. AFFECTS: THE EASTERLY 30 FEET. 6 . A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES FOR: PUBLIC UTILITIES RECORDED: NOVEMBER 3, 1972, IN BOOK 1796, PAGE 695, OFFICIAL RECORDS. AFFECTS: THE SOUTHERLY AND EASTERLY 30 FEET. .'' NOTICE OF VIOLATION, RECORDED JANUARY 15, 1976, IN BOOK 2041, PAGE 493, OFFICIAL RECORDS. t8s. THE HEREIN DESCRIBED LAND LIES WITHIN THE BOUNDS OF THAT CERTAIN RECORD OF SURVEY RECORDED: FEBRUARY 19, 1976, IN BOOK 54, OF MAPS, AT PAGE (S) 97, BUTTE COUNTY RECORDS . t9:- CONDITIONS, CONTAINED IN THE CERTIFICATE OF COMPLIANCE, RECORDED DECEMBER 6, 1976, IN BOOK 2125, PAGE 463, OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO THE RECORDED INSTRUMENT FOR A FULL UNDERSTANDING. 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. 11 . IT WILL BE NECESSARY THAT THE SPOUSE OF THE VESTEE, IF MARRIED, SIGN ALL DOCUMENTS (OR EXECUTE A DEED) IN ORDER TO ELIMINATE THEIR COMMUNITY INTEREST. PURCHASER: BARFIELD, KAREN PJ:SOC DECEMBER 8, 1998 (STR-NO) PAGE 3 ORDER NO. BU-170924-3 DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS : PARCEL I• BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, M.D.B. & M. , WHICH POINT LIES SOUTH 89 DEG. 54' 41" EAST, 1326 .54 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION; THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTH LINE OF SAID SECTION 31, SOUTH 89 DEG. 54' 41" EAST, 220 . 0 FEET; THENCE SOUTH 0 DEG. 40' 05" EAST 290 FEET; THENCE SOUTH 83 DEG. 48' 19" WEST, 221 . 01 FEET TO A POINT THAT BEARS SOUTH 00 DEG. 40' 05" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 00 DEG. 40' 05" WEST, 314 . 19 FEET TO THE POINT OF BEGINNING. PARCEL II: A RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60 FEET IN WIDTH, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, M.D.B. & M. , WHICH POINT LIES SOUTH 89 DEG. 54' 41" EAST, 1546 . 54 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION; THENCE FROM SAID POINT OF BEGINNING, SOUTH 00 DEG. 40' 05" EAST, 577 . 84 FEET; THENCE SOUTH 89 DEG. 54' 41" WEST, 220 . 0 FEET; THENCE NORTH 00 DEG. 40' 05" WEST, 263 . 65 FEET; THENCE NORTH 81 DEG. 39' 55" WEST, 174 .40 FEET; THENCE SOUTH 84 DEG. 47' 35" WEST, 234 . 36 FEET; THENCE NORTH 87 DEG. 05'05" WEST, 240 . 90 FEET; THENCE SOUTH 70 DEG. 32' 43" WEST, 230 . 65 FEET; THENCE SOUTH 30 DEG. 51' 41" WEST, 131 .74 FEET; THENCE SOUTH 11 DEG. 28' 16" WEST, 90 .32 FEET TO A POINT IN THE CENTERLINE OF PONDEROSA WAY AND THE END OF SAID. LINE. PAGE 4 S AME R I 4 c ti 9 4 'L 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) I PTN. NE 1/4 SECTION 31, T21N, R5E 6/4 5-7 1 N£Comer Section 3I- B. 790.00 _248./7 230.00 230.00 720. O /65.010 /65.00 /65.00 /6500 ry0 /3 23AC�i I /5 /94AC /.75AC e� O /Z 2.5AC kN Q I vi GB/aC-' v O . . l o `� ,:t •IN i 1`°200• Q: a �o /4 6i143.06 9742. ~ 8LT41/440 o 129.3 /04.45 _CHEOEm �r2�PAr N� 0,2Zi I II L9O245,4C- 1.944C!O9247A C° /924A9CI G942A6C-ii t m 1.75Ao9 v 2/ 2�/ 2 L9/AC /95AC= i h I Ib /34AC- 0 �--- \ - -- - - 329.44 330 - til N �P PTN FEATHER RIDGE\\ �1 L ' 29 6/-46 ESTATES UNIT NO. / I 3.69 Ac 3.89 Ac I I N W I I N 329.63 329.67 I 3�5Ac' \ N \ a This map may or may not be a survey of the tend depicted \ \ \ hereon.You should not rely upon U for any purpose other \. \ than orientation to the general Iodation of the parcel or \\ \ parcels 1 depicted.Mid Valley TIUa and Escrow Company b expressly disclelma enY IIeD@ry foralleged lose or damage which may resuh from reliance upon this map. \ / Assessor's Mop No. 6/-56 39.30 .�30 �,.^ � - �� ( Cnonly of A/,►+o ./ Form No.1068.EAGLE(2/10/97) Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 WITH EAGLE PROTECTION ADDED 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 jaws and regulations concerning: • land use; • improvements on the land; • land division;or • 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 coverage described in Items 12c and d,13 and 18 of Covered Tale Risks. 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;or • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 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;or • that first affect your title after the Policy Date—this does not limit the coverage described in Items 3b,8,17 and 19 of Covered Tale Risks. Failure to pay value for your title. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A;or • in streets,alleys,or waterways that touch your land. This exclusion does not limit the coverage described in Items 5 and 12a of Covered TO Risks. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE 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: (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 improvemert 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 affect- ing the Land has been recorded in the Public Records at Date of Policy.This exclusion does not limit the cove-age provided under insuring provisions 14,15,16 and 24 of this 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.This exclusion does not limit the coverage provided under insuring provisions 14,15,16 and 24 of this policy. 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. 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(this paragraph(d)does not limit the coverage provided under insuring provisions 7,8,16,17,19,20,21,23,24 and 25);or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid valuE for the Insured Mortgage. 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 indebt- edness,to comply with applicable doing business laws of the state in which the Land is situated. 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: (a)usury,except as provided under insuring provision 10 of this policy;or (b)any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 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, state insolvency,or similar creditors'rights laws,that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,and all interest charged thereon,over liens,encumbrances and other matters affecting title,the existence of which are Known to the Insured at: (a) The time of the advance;or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. 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. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 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. Part Two: 1. Environmental protection liens provided for by the following existing statutes,which liens will have priority over the lien of the Insured Mortgage when they arise:NONE. I J Prepared For: MARION ' ' BIDWELL B H & G 1 �9 no p , i Date Prepared: 12/28/98 Subject Property Address: 20 CHEROKEE LN, BERRY CREEK CA 95916-9624 C001it , APN: 061-560-018 Owners: WALKER MARILYN S Prepared Bi. • r JACK FATCO �l Search Criteria: d i SORT APN;Assessor,Parcel Number 061-560-018; (BUTTE, CA) if Reported data believed reliable but accuracy is not guaranteed u ;, • l Copyright©1996-98 Experian ` Page: 1 of 1 SUBJECT PROPERTY INFORMATION 1) Property: 20 CHEROKEE LN, BERRY CREEK CA 95916-9624 C001 APN: 061-560-018 Use: MOBILE HOME LOT County: BUTTE, CA Tax Rate Area: 101-000 Total Value: $7,674 Census: 24.00 Prop Tax: $81.78 Land Value: $5,587 Map Pg: Delinq Tax Yr: Impry Value: $2,087 New Pg: Exemptions: Assd Yr. 1998 Phone: % Improved: 27% Owner: WALKER MARILYN S Mail: 5072 HAWLEY CT; SAN JOSE CA 95118-2123 SALES INFORMATION IMPROVEMENTS LAST SALE PRIOR SALE Bldg/Liv Area: Transfer Date: #Units: Sale Price/Type: #Bldgs: Document#: 18188 1785651 #Stories: Document Type: $/SF: 1 st TD/Type: Yrblt/Eff: Finance: Total Rms: Junior TD's: Bedrms: Lender: Baths(F/H): Seller: Fireplace: Pool: Title Company: Bsmt Area: Transfer Info: Construct: SITE INFORMATION Flooring: Air Cond: Improve Type: Lot Size: A1.49 Heat Type: Zoning: Lot Area: 64,904 Quality: County Use: RQ Parking: Condition: Bldg Class: Park Spaces: Style: Flood Panel: Site Influence: Other Rooms: Phys Chars: Legal: 20 CHEROKEE LANE Comments: Copyright© 1996-98 Experian Page: 1 of 1 DEC. -.29' 98 (TUE) 15 : 29 CUSTOMER SERVICE TEL:530 893 1853 P. 002 GRANT DEED (F ad) For value 1'soellrad WILLIAM L. MORAN � rte,p GRANT................to ROGER Z. dTLW4ltT 'v0 all that rat plotnr Y Wtwfa go the county of Butte . state of calworals,daertln4 as tollot ; INDINNING at s point on the North line of Section 31, Tomobpp�� 21 North Range 5 East M.D.B. A K., which point lien South Alt, 1326.54 54' 41" fFeet from the North quarter corner of said Sectiani thence from said point ob b&FL�tningg along the Horth line of maid Srction 31, South 89 54 .41" Flet 220.0 beets thence South 0 40' 0511 East, 290 teed oo thence bth 8 48 19" west, 221.01 feet to a point that bears South 000 40, 0 East from the point of beginnin i thence Borth000 40' 05" est, 314.19 feet to the point at bogira pg. T00ETHU WITH AND RESERVING THMEFROM a right Of MY for road and public utility purposes over a strip o laud 60 fest to width lying 30 feet on each aide of the fol2oving dsoorlb*4 lifts BEGINNING at a point on the North line or Section 31, Tavaahip ^¢ 21 North Range 5 East M.D.B. AM., which point list South;89$ MJt,I kl'' Last, 1546.54 feet tram the North Quarter corner 4t said section thence from raid joint of be inning South Wo 101 05" Fast, 57.64 feet thence 6outh 890 5 ' 41" West, 220.0 fe8ti thence North 00 401 05" '.fest, 263.65 re8ti thence North 81 39' 55" West, 174.40 feed thence South 84 47' 35" Vest 234.36 f et thence North 870 051 05" West 240.90 t et thh�ava 6 South 708 321 43" West, 230.65 to e�i thence south 308 y� west 131.74 feed thence South 11 28+ 16" went, 90.32 fist to a point In the centerline of ponderotsts Way and the and of said when Recorded Pe turn 6 Mall ?as Statalnenta to �?� " �� vr. Roger E. Stewart L564 Wont 156th Street eMIrst"Y .ww1 eti L4wndale, Ca)ifornts 90260 •"so.wneo w.rt r.1M a PENItti Wile/. �iC_,a taMntO R M V"ad.o*we wol�wwar M+�..w,s a►the or ML error •-- — ,-'.� .... LM 11 UMMAL-2111,31 Ca, II 1 IWO.rCAMMMM SIM C110111. r►e".elooetau NNW r.tel Januar 1$ Dated ..�._.._....�.......___.....1_..._�._..._.. �i..L_... � I&A,,� ..� 9?ATZ 01'Chu •�^^ ,; lbr 3414=9de+ti uw only befarc me,.JAa...11 _-Mai' lvefoy rwblk o1 In O"d for edid County and bier.,pmonollp appaered v •.-Yilliam L. Moran ;rr•c::, 4"tZIRDS FT 13 Pr 96MVILLE TffLE COMPANI M lrfo� � �J .._....................._..............-..._�.................._..............� Jut 18 12 si PN 1917Ick kno'M to rN to Ike -Wleb MW_ > is""to Ik# awe .a/.elvw"IM to r Ike e, 1pUiS[KtuErplP CORTY I03:E.Si'f Ld try stid flesin*BPI Noarch 291%_. QNINCORPORATM ► . - M ali S iS+M+ C2e�-Tr 0 . DEG. ;29' 981TUE) 11 :47 CUSTAMER SERVICE TEL:530 893 1853 P. 003 s • 11scaM[alNo McaucsTco sr =�• I .- 9 5 - 8 e 8 IIAn Oroville Title Company EMINIT Order No. 86855 11-r iL AMR WWW OR �1ON09O MAIL Y. CMUE 111 f.i CONTM - 3 06 1`I1 rl.rsy W. & Mtrilpq s. Walkas I.t�LiSE K:lliliCEP. ri1�1 5072 Hawley Coast !BC1 rig 8058 f San Joao, California 95118 SPACIS Aeays THIN Ung Pon X9Coa0ttr• ust w1..r.q.OlAw r DOCUMIMAJIT TMNSFE1 TAX 1 19 COUIPWTI;D ON iULL VA&UE Of PIIOPEAri CONVEVM OA . ' I A,w Sable an above L7 COMPUTED ON Full VALUE &FSS LILIIS i EJ4CUM8MNCU it NIN* 1NEALON A UAE Qf 5A&4 L � -• - � lam_'o 'a�f[1�• t' Jupwif.1 A.%.M o ..P ....,.ice ... - A.'..r . J '°d'C'^'° Joint Tenancy Grant Deed D.T.T•1 �•7g — i T.1°nOR11/uglMlfR RO 7t,1;IM°u11AMci AwR TRIMf O�/YIII7 f I FOR A VALUABU CONS1DUtATION,naipt of VM*j,bw* 11l6 .WV& - ROM E. MWART Ilt II bweb,CRANTIs) to 1my W. NALFM MW MARILYN 9. VAI MRM his wife .AS 100ff TM% M'8, � ."� ..=cotRn et- - -- 'butte—,• -�, _ --. . - • - : suind canrw;:i:;dn&sib:d rt ""'..�. - a point.4IX the North line of Section 31, 1bvJnilhip-21•------ North. -.....North. Range 5 Fast, N.D.B. & M., xhVeahlpoint Iles South 890 .540 4111 Zmt. 1326.54 feet from the NoTt1k.gyarter eerrlsr of said Seetlenl 1 Chance from said point of beginning along the North lite of said section-31. .SJDUth.990 ,344 ...4lli-R4 Z. 2 4..a feet;...tSourh-0" 401 0511 Fast. 290 feet; thence South 830 481 1911 West, 221.01 feet to w point that bears South 00° 401 0511 East from the point of beginning; thence North 00' 401 0511 Nest, 314.19 feet to the point of beginning. ICG8THER UIIH AND RESERVING THEREFROH a right of way for road Jand Public utility purposes over a @trip of land 60 feet in width lying 30 feet on each aide of the following described lute; BEGINNING at a point on the North line of Section 31, Township 21 North, Range 5 Fast, H.D.B. & M. , which point Iles South 890 341 v 4111 East, 1546.54 feet from the ?forth quarter corner of said Section; thence from said paint of beginning South 009 401 0514 FAst, 577.84 feet; thence South 890 541 4111 'West, 220.0 feet; thence North 000 401 05" Best, 263.65 feet; thence North 819 391 5511 l=est, 174.40 feet; thence South 840 471 3511 Hest, 234.36 feet; thence t'.orth 870 051 0511 Nest, 240.90 feet; thence South 700 321 4311 'lent, 230.65 feet; thence �! South 301 511 4111 'lest, 131.74 feet; thence South 11° 281 161, {lest, N 90.32 feet to a point in the centerline of Ponderosa Way and the end of @;aid V e %��— qjblacu .................................... tmlwlo*low%"AW-d .11-1-;wlVnd AID 14?%IVV@Jd 96001C 900021W)VIIA 44 -1,100 to C1,11 14"M I t�(j O onv 'A 08191LM MOW CKU M '0201NT11 VAJ.SR B-LSZLOR vd6l/colo OR-d& I" -;4. -E MG.. !Mgm 100 mt3 Off —W —U dhrr 2! 23RIE I on A 4L mam - -at =0 f -Z ism tun Q Ll WHO -R= m war am vm— IMF m RAN nom WMVA RAUSTU rJ It gilts -a=—"Mm ties rr-Op meft It ft L"U"d 0 1=v 11 CUILAOM�Aug Kat-tt-011; am a I n" Ann luv"go UM22 nice VlNmo4nvo'39OV NYS"J"XWdljDOM OM VHVIO VINVS 10 AINnoo VL IS LS DEC. :29' 98ATUEI 11 :47 CUSTAMER SERVICE TEL:530 893 1853 P. 002 l • 95- 16188 J3 061-%*MF4Z 19-0 95-01 a 1 se t Rtee Pre tMaN reoenoto w m 12.00 r I Mock 12.00 Recorded I MIN" Kre. Marilyn S. Wa31ur Oitialal Records I ,mow 5072 8mrloy Court Cotuaty O! 1 Butte 1 M ae Sap Jose, CA CsndsJ. Grubbs I ZIP 95119-2123 9e42ar Recorder I FUEL 3 AFFIDAVIT-DEATH OF JOINT TENANT ; STATE OF CAUFCPJM CGUIYi y OF atim t . ' Iloril 8. Walk�r ' q No p% (rel duly tem dtepoeee aid e>yi i' Titer Terry Wayne Walker ft deoedMK ollet w in Os mumchw allow f oppi of CatLmmo of Do"is Gee eeme psfrannwnw as am N � du.pwanbowwlah—_Jlooa .� i►.��•-- z3. ie» ,.�• j'.. thea remdw SarnaNumbel 8058 alClflcln rnputtsw�791 sPapeVYwp► t351 ' utte Oarip,tBallfantle OO+Rhp 11M kt/opkip dMOrlbed pnop«ty aluele0 h seW Cash.&w of Cafrortlft � , i 9649 attached ;Olblt "A`. r' ' I Ths Ow v"of d mw erd FelloW prop"awned by geld I red-- a delle of dtuft(nC1�'91IM ll/rYM d ti ptopny 40WA deeMbed,did no11ho ext:eed Rte Wn of i I . 9"h tied and SntoT to 1 am a mo Noton t�tsc-cae�omep iAN1A c eiA coutv�v 81�+{ANr_ w • � � My Cvrwrn.E�fM MAS 10.1606 K+ - Nomo No4ry Public CommlMlawd kw laid Counh yd t (This ane flM eebld we.&I ow) t+roaea� ko Lo Off p p co s I I azi tn N m r O � tMn �f•�f;,f• r I I � 1 �,,•' I� 00_062 m N 61 Nf.' _ g990 V h � � r� — I I � Ilh� •.,r r o .A�t' I '.f i i• _ a9 I N � / � I •. Uv .7 (J " ha 1 0 I . Ll � h L Z (/) E ~ 13�y ---- 01'866 1 N 41 � O b �1 1 t _ , Iol1.o v.•I• t7»n Ne Co.ur W.ro.A.o N A 7(e W.rhlwn . • .. It. I. •./V LLI Iden.[.1, ►7.'•I i�r,rlwl -05)l 5r/L i N(r I.IL n1 M 1N 00• •1'1/ M 76•!10•• 7e/7/ [.0.00 7.6/1 730.00 ll4.Do 7l0 00 I ' 10 N,I• r 111 I S•e••/f!S•ONC 30.0) . 4 ^ tool_ ...• .. _ ,N rocs 1110.jo AND I I I • -TN(SS TOLLS I 717,0.Ib' p.1 oO M1 9' 7916.Mf Vol OR GY r/61o.r7. ; 'too e. 707• i ,I 7.10 A. .� 77r A. I•' I Lel At. • .7 1.7l At. to LTSA. .. 43!A.'.- �' 6/ I,: j i •• 30.17 ..,•, _I �~ 700•. �� ���� Sla)7 I� I. .o, I ► 31% /'——. M�,•.rx c e1.( !e-lrlrL .o'(rlSr rf'o1 L IV.. •11.71 IC9•• _ " ^ I ,• .�i(� / [1(rOrN.G GU' t.AlL MCNT `� � I 7 1 1189 OR 70f ~yO,y_ ,d)1 700. MIS I / •w / 1777 O.too = IT l/Ow. 3••6 •. .-i All0A N6 I IT•$O1 W • p G . 75.00 .7r/ 1.16 M. n L I I ! O I yI 1 3014 bj31 x �1YJC°�;,` •tJ t, 1,167 --i 70000 !00(10 7 / /•7r»a• Ate\ w e1• !• .. •• ..1a.6l . •.nom �/\ �_ �_ • l•61•. � �—`CIt3TING GOCASLMCNT� • LEGEND' SURVEYOR'S CERTIFICATs _ 't ■ro..D Ao.NT A7 Norco . t)7n•r t/ a».) ' TNn p w.1•d y rrp.•I•nb.,u••11 w..o 307 .1;.V,,A,wf di.Mlm iw meq. nr•..II•/n••.rlunnh of fM laved 5.1;.,V,,Ad.r M•npu••f d 1/ tL:W BASIS Or BEARING: n n wig is 7e1) . T�. Ne.lw l.n•of iwn Nr.)l of S"Iv w .e t"",Nr N.l ).•''N O.1>�. s.^v1('•d COUNTY SURVEYOR'S CERTIFICATE /^ •l � ,• lf•1 nvp w•.been •••.vn•d It,;,(wlOrn•n(•w•/A IM I.vv1I1.11wt•d rM IJM 71 Su•.•/o11 At/ Iwn ie dsj olf�(ct�yL—•1010. - '>/ •1�� •4rwp M'[[W , U.,0W.4•.r7 RCC ISM .•:Y l �([•A.• I.11 7W 6an6 Coums S...r.!•w . RECORD OP SURVtY -or-: RECORDCR•S CERTIFICATE A FgRT10N Of THC NL%Of SECTION ?t, .. .. r.11d M., oIV wyv. 17 . 8976.of-L, 1+ • - T. 21 N.• R S 14rM:D.B.f f.:IA ••r• g• x—•_pv•• �`— BUTTE COUNTY. CALIFORN ' -er- y JOHN W f1AMBY LS 7e() i D.p.•tp LICrNSCD LAND Suo-r,otl • PARADISE CA1170Rh•A LEGAL LOT DETERMINATION SUPPLEMENTAL APPLICATION INFORMATION If the parcel was created by gift deed to the applicant or present owner. The undersigned hereby states and declares that the herein described parcel was created: (Circle one) 1. By gift deed 2. As a remainder of a gift deed. This parcel is the result of a bona fide gift and was not created for the purpose of sale, lease or financing, whether immediate or future, as specified in California Subdivision Map Act, (Government Code Section 66424). At the time of conveyance of the gift deed the herein described parcel was not involved in any pending escrow and was not concurrently advertised, offered or listed for sale by the owner or by any Real Estate corporation, broker or salesperson. I have read the above statement. I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct. Date: Signature of Owner Print or type name ■ Butte County Department of Development Services-Planning Division A 2 a� coun y _ LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 February 25, 1999 TELEPHONE: (530)538-7601 FAX: (530)538-7785 Marilyn Walker 5072 Hawley Ct. San Jose, CA 95118-2123 RE: Application for Determination, AP 061-560-018, DET DET 99-03 Dear Ms. Walker At the regular meeting of the Butte County Development Review Committee held on February 25, 1999, 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. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 3. Provide approved access to the parcel from Encina Grande in accordance with the County Code. Minimum easement to be 60 feet. (Easement contained in title report and deeds does not appear to reach the property). 4. 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". 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 Friday,between 8:00 a.m. and 4:00 p.m., at 538-7601. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant cc: Environmental Health Department Building Division Land Development BUTTE COUNTY DEVELOPMENT REVIEW COMMITTEE AGENDA REPORT - February 25, 1999 Applicant: Marilyn Walker Location: West of Berry Creek, north of and adjacent to Cherokee Lane, approximately File#: DET 99-03 1000 feet east of the intersection of Cherokee Lane and He-Le-Ve Road Request: Legal Lot Determination Parcel Size: 1.49 acres G.P.: Timber Mountain Zone date: 01-06-87 Zoning: U (Unclassified) APN: 061-560-018 STAFF COMMENTS: This report is for a Legal Lot Determination for a Certificate of Compliance. Staff recommends approval of this request. ANALYSIS: The 1.49 acre parcel was created by Deed 1729 O.R. 205 recorded in the Office of the Recorder of Butte County on January 18, 1972. This parcel is located in the Don Mann court judgement area and was issued a Notice of Violation pursuant to said judgement. At the time this parcel was created parcels needed to provide approved access and meet the zoning and health criteria. The zoning was A-2 which had a minimum parcel size of 8,125 sq. ft. The requirements of Environmental Health are for water supply and septic systems. The minimum parcel size for the current Timber Mountain General Plan designation is 40 acres. Although the parcel is not in conformance with the current General Plan, the judgement for Don Mann was approved with a condition that Certificates of Compliance be obtained for all parcels under the judgement. There were other parcels created along with this parcel which are in the Don Mann court judgement area. They are included in a recorded survey map (RS 54-97)recorded on February 19, 1976. Many of them have a Certificate of Compliance. This parcel is a developed parcel with a single-family residence. The Public Works Department and Butte County Fire Department have recommended standard conditions included in the Certificate of Compliance. CEQA ISSUES: This project has been determined to be exempt from the California Environmental Quality Act (CEQA)provisions under the General Rule exemption Section 15061(b)(3). ■ BUTTE COUNTY PLANNING COMMISSION ■AGENDA REPORT ■ FEBRUARY 25, 1999 ■ PAGE 1 ■ C RECOMMENDATION: Staff recommends that the Development Review Committee approve the Legal Lot Determination for Marilyn Walker (DET 99-03) subject to the following findings and conditions. Section 1: Findings. A. The project is exempt from environmental review under the General Rule exemption Section 15061(b)(3). B. The parcel was approved through the Don Mann court judgement. Section 2: 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. Provide two-way traversable access to the parcel from a publicly maintained road or state highway as defined in the County Code. 3. Provide approved access to the parcel from Encina Grande in accordance with the County Code. Minimum easement to be 60 feet. (Easement contained in title reportand deeds does not appear to reach the property). 4. 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". ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA REPORT ■FEBRUARY 25, 1999 ■ PAGE 2 ■ 1 r 1 U S o ' (D; Ae" TPZ-160 a 0; Shady Lane - - - - W; --------------- C? t 1 - - .�� ------ Cho_ taw R_id_ge Road Ch rokee are - Pro� t Loca n �m -- ;Feather Ridge W y d 5 _ m BUTTE COUNTY DEVELOPMENT REVIEW COMMITTEE Applicant: Marilyn Walker Owner: Same Hearing Date: February25, 1999 @8:00 a.m. Eidsting Zone: U(Unclassified) N Request: Legal Lot Determination. No Scale 17 L Assessor Parcel No: 061-560-018 File: 99-03 coun T LAND OF NATURAL WEALTH AND BEAUTY I •„�:� ,� • •��.� ,, PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES =�"%� ` • ` ``1` 7 COUNTY CENTER DRIVE - OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 February 9, 1999 Marilyn Walker 5072 Hawley Ct. San Jose, CA 95118-2123 Re: Legal Lot Determination, AP 061-560-018, DET 99-03 Dear Ms. Walker Enclosed is a copy of the Agenda Report concerning your application for a Legal Lot Determination west of Berry Creek, north of and adjacent to Cherokee Lane, approximately 1000 feet east of the intersection of Cherokee Lane and He-Le-Ve Road. Should you have any concerns with the report or conditions of approval,please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for February 25, 1999, at 8:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Development Review Committee recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Committee may have. Should you have any questions regarding this matter, please contact of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Administrative Support Service Assistant Enc. cc: Land Development Environmental Health Marion Millington j:\wpdocs\pclts\schedule.mrg DET 99-03 AP#061-560-018 Marilyn Walker M a� tr; TPZ-160 M: t° Shdy-bane AR ------------ ----__-- A W, Cho aw Ridge Roa ----- -------- ---- C okee ane ------- -------- ;-- --- - - --- ------ --------------------- ---------------- "e do -- Prod ct Location TM �' ---- 'Feather Ridge W y ------------ - -- - U �� ,i jl! a �. Fig 9 •� U JOO 0000 100 c m w ---------- I -------- AR r,T Planning 0visi®n BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES d 0 21999 PLANNING DIVISION orovill®g omia TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Marilyn Walker,DET 99-03 DATE: January 13, 1999. CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for-this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. 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 Legal Lot Determination on property zoned U(Unclassified)located west of Bern;Creek_ north of and adjacent to Cherokee Lane, approximately o 1000 feet east of The intersection of Cherokee Lane and He-Le-Ve Road,identified as APN 061-560-018. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - -X—DEVELOPMENT REVIEW COMMITTEE ON February 11, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 2727,1999. 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): / I-4;1/c lr/rM�S Grin-G�L�iant G A- �^u�'�2v1 `� By: Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785tECEtVED JAIL 1 3 1999 00UNTY OF W ITE lW OEVELAPMENT DN, Y• • CERTIFICATES OF COMPLIANCE STANDARD CONDITIONS APPLICANT:Marilyn Walker DATE:January 13, 1999 AGENT: APN: 061-560-018 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• _M without conditions,$13.00 with conditions. this cost estimate is based on 1 page notification(fust sheet), 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 -.xists 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. �j�/CI N�- �aIZA-r✓fJi� Provide approved access to the parcel from a-pubhe}f- tanned-reader-state-may in accordance with the County Code. Minimum easement width to be j6i feet. AW5 en4V7_ t Al -T17—C& MOV01 I— ~ ,06,bws ops .,oma M°P r� rjb 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." RECEIVED JAN 13 1999 4OUNTY OF BUTTE LAND DEVELOPMENT DIV, i O�UTTFO 0 0 INTER-DEPARTMENTAL MEMORANDUM0 0 0 PUBLIC WORKS DEPARTMENT 0 0 �oU Nay A �y CLIC w� TO: PLANNING DIVISION FROM: STUART EDELL, MANAGER, PUBLIC WORKS, LAND DEVELOPMENT DIVISION SUBJECT: MARILYN WALKER, DET 99-03, AP 061-560-018 DATE: JANUARY 21, 1999 We have received materials from you pertaining to the above subject. The materials as submitted do not constitute an application. The following additional items must be submitted in order for us to accept the materials as an application and review them for completeness pursuant to Government Code Section 65941: [ ] Provide processing fees in the amount of $ [ ] Provide additional processing fees in the amount of $ [ ] Provide a current title report. [X] Provide ownership deed(s) for parcel. [ ] Provide legal description for parcel(s) [ ] Provide authorization to sign for [ ] Provide signature of owner/applicant on [X] Application is incomplete; lacking creation and vesting deeds as required in submittal requirements. [X] We cannot provide comments with respect to conditions with an incomplete application. pInnningolV161011 .IAN 2 11999 SE/kp orovill®,Callomia BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES Environmertal Health PLANNING DIVISION TO: Environmental Health JAN 13 1999 FROM: Butte County Planning Division 7 Countyi,enle(unve Oroville,Ca RE: Request for Comments on a Development Application: Marilyn Walker,DEET 99-03' DATE: January 13, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in thea application is adequate to allow our jurisdiction to review the PP q Y J project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want _. incorporated. 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. 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 Legal Lot Determination on property zoned I T(Unclassified)located west of Beery(''r=L north of and adjacent to Cherokee Lane,approximately to 1000 feet east of the intersection of Cherokee Lane and He-Le-Ve Road, identified as APN 061-560-018. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - -X—DEVELOPMENT REVIEW COMMITTEE ON February 11, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 27,1999. 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): /tom L J 1 0. o+t O 0 Aer (t)( e Ko,r "Ito►1 xu a �lv�rWl�na�lJ+�. a �dmym TamJ e o w%cs c, AJ cd e Y,0 h hn�eras I rem (.ra t n---. t k L 5 12re::�-q c. . QLBy: Date: [G? 7 County Center Drive -Oroville,California 95965 - 530-538-7601 -FAX 530-538-7JA5N 19.. BUTTE COUNTY Planning Division DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION JAN 1 91999 TO: LAFCo ®MYNe alffomia FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Marilyn Walker,DET 99-03 DATE: January 13, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. 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 Legal Lot Determination on property zoned>1(Uaclassified)located west of Berry Creek. north of and adjacent to Cherokee Lane,approximately to 1000 feet east of the intersection of Cherokee Lane and He-Le-Ve Road,identified as APN 061-560-018. Supervisorial District No.1. /0/ 000 THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - —2L_DEVELOPMENT REVIEW COWMITTEE ON February 11, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 27, 1999. 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): FWCEL LOC1f7E12 IN: �• ;?ide _C. M o 54,,d. 2. Fe, e, Ayti PGlk' t 1f(c Pi-11. 3. Pioner. F__-C. D. ND ADDl rcti,4l COmmENrS. y porowlle S. ,pxA ro l/rue By: l��<,,�,� `tee p l Date: " 'r If f 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 Planning Division BUTTE COUNTY JAN 19 1999 DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION ®MViu®,clllomia TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application:Marilyn Walker,DET 99-03 DATE: January 13,1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any;and to 2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. 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 Legal Lot Determination on property zoned U(Unclassified)located west of Berry Cm&' north of and adjacent to Cherokee Lane,approximately to 1000 feet east of the intersection of Cherokee Lane and He-Le-Ve Road;identified as APN 061-560-018. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - –X—DEVELOPMENT REVIEW COMMITTEE ON February 11, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN January 27,1999. 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): A0 ' t By:. o� Date: 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 17 \ CERTIFICATES OF COMPLIANCE STANDARD CONDITIONS APPLICANT:Marilyn Walker DATE: January 13, 1999 j AGENT: APN: 061-560-018 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 without conditions,$ .00 with conditions. this cost estimate is based on 1 page notification(first sheet),_ pages(s)of legal description attached as Exhibit"A",and_page(s)of conditions attached as Exhibit"B". Health Dept. Conditions: Prove that adequate quantities of domestic water for a single family residence are available to the parcel. Prove that adequate sewage disposal area for a single family 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." LEAD IN SHEET FILE NO: DET 99-03 AP# 061-560-018 APPLICANT: MarilynWalker, 5072 Hawley Ct., San Jose, CA 95118-2123 OWNER: Same REPRESENTATIVE: REQUEST: Legal Lot Determination SIZE: 1-49 acres LOCATION: west of Be=Creek, north of and adjacent to Cherokee Lane,�}2 roximate y 1000 feet east of the intersection of Cherokee Lane and He-Le-Ve Road SUPERVISORIAL DISTRICT#1EXISTING ZONING: U , Jnclassifiedl ZONING HISTORY: SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: Timber Mountain APPLICABLE REGULATIONS: Rec'd 01-04-99 COMMENT DISTRIBUTION LIST APPLICATION: Marilyn Walker DATE: January 13,,1999 County Offices and Cities: Chief Administrative Officer _ Develop.Services Director oc— Public Works Director A Environmental Health X_ Assessor _ Building Manager Sheriff _ BCAG _ ALUC. A 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 X California Department of Forestry _ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks Utilities _ PG&E North-Chico _ Chambers Cable TV _ Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies CalTrans (Traffic) _ Dept.of Water Resources _ Dept.of Fish and Game Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Reg.Water Quality Cont _ Caltrans,Aeronautics Prog_am 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:Marilyn Walker,DET 99-03 DATE: January 13, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained-in the application is adequate to allow your jurisdiction to review the project and submit conditions,if any; and to .2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. 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. 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 you:time and efforts. This is an application for Legal Lot Determination on property zoned U(SJnclassified)located west of Be=Creek north of and adjacent to Cherokee Lane,approximately to 1000 feet east of tae intersection of Cherokee Lane and He-Le-Ve Road,identified as APN 061-560-018. Supervisorial District No.1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION - _X_DEVELOPMENT REVIEW COMMITTEE ON February 11, 1998. COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN Janurary27, 1999. If no comments or communications are received by the above date, the assumption will be made-that your agency has no comment. i COMMENTS(Attach additional pages if necessary): i I By: Date: I 7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785 Zf7Nf 1.1 GOA ^PUTL^6Z 61-56 PTN. NE //4 SECT/ON 3/, T2 V. R5E �- ' `° c -241 f ' U Z o� -IA-?I Y) II �►-r1_-gam, ` 10 61-55 oyt -. �q� N£ Corner Section 3/ 288.37 290.00 248./7 250.00 _ 250.00 220.00 I 165.00 /65.00 /65.00 /65.00 ti /3 2.3AC rt /5 /.94 ACr /7 /6 ti co /.75AC= L49AC j Op /2 2.5AC' (h QI h /.B/AC-' � _200' ' 1%Q: � N I i�%43.06 9784 /52.9 8/.44 y4o`� 22/ I 25 27 2B 26 94 AC- L 94 4C" /.94AC' /.94 AC' f\ 104.45 /24.89 CHE��€ L� I ( r r m 45Ac- /b� /975AC. O O I O 4 AC= I m ': ,ham a /.9/AC- /.95AC I b /.3 ; 352.65 MANN 30 A V 300.00 I 220.00 . o 3.90x PTV FEATHER RIDGE \ L 6/ 46 ESTATES UNIT NO, 1. 1 24 1 I 3.20AC+ Qj I , 660 - � V` ---------------- 61-60 O 5 Ac t . I 1 � 61-61 __ --- - �� 168.2 —��� b( �71 72 \ �1� Assessor's Mop N . 61-56. ' 39.30 \� < County of Butte, Col.