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HomeMy WebLinkAboutRA 08-0001_PLANNING II � �� IIVII � �� IV � � Iluu� � l� l SEPRRRTORSHEET APN 038 - I (00 - a{6 PROJECT NUMBER 6� ROE) - oo0l PROJECT SUMMARY SHEET FILE NO.: RA08-0001 PROJECT TYPE: ABANDONMENT APN: 038-160-040 APPLICANT: Rancho Esquon Inc. ADDRESS: P O Box 907, Concord, CA 94522 PHONE: OWNER: Rancho Esquon Inc. ADDRESS: P 0 Box 907, Concord, OA 94522 REPRESENTATIVE: Kelleher& Olivera ADDRESS: P.O. Box 1351, Colusa, CA 95932 PROJECT DESCRIPTION: Request that the County abandon (vacate)the public right of way on a portion of Esquon Road and Hamlin Road. The abandonment would include a 40-foot right of way for-Hamlin Road, located south of Durham-Dayton Highway and east of Esquon Road;and a varying right of way width (40 to 70 feet wide) for Esquon Road, located 785.3 feet south of Hamlin Road to the Midway. A public utility easement wilt be reserved. Two cul-de-sacs are proposed, one at the northerly terminus of Esquon Road (south of Hamlin Road), and one at the westerly terminus of Esquon (east of the Midway). The length of the abandonment is approximately 4.65 miles. LOCATED: The proposed abandonment is located east and south of the community of Durham. The abandonment is located on the south side of Durham-Dayton Highway, and the east side of the Midway. PROPERTY ZONED: GENERAL PLAN DESIGNATION: TOWN/AREA: DURHAM I. Application accepted: 4/25/2008 Amount: $ Receipt#: 2. Assigned To: Brett Walker 3. Conference Room reserved: 4. Date and Time of Conference: 5. Pre-Development Letter sent to applicant and agencies: 6. Comments sent to: IDR, 7. Comments received from: 8. Staff Report: Project Video: 9. Follow-up letter sent to applicant: U/planning/projects/a new filel/pred summary sheet Revised 11/0 1/05 COUNTY OF BUTTE DEPARTMENT OF PUBLIC WORKS 7 County Center Drive-Oroville,California 95965 ` Telephone: (530) 538-7266 MAPS AND IMPROVEMENTS - PROCESSING RECEIPT NAME OF MAP OR DEVELOPMENT RANCHO ESQUON Abn No. 262.068 LOCATION OF PROPERTY: Vacating a portion of Esquon Road and Hamlin Road. A.P. No.038-160-034, 040 &997, 040-140-014, 015, 020, 031 & 066 Applicant Rancho Esquon Recd From: Rancho Esquon, Inc. Mailing Address P.O. Box 907, Concord, CA 94522 I. SUBDIVISION, PARCEL MAP AND SITE IMPROVEMENT PROCESSING A. Final Map,Checking: Number of Lots (Fee: Per map $ + $ per lot + Planning: $ ) $ B. Improvement Estimated Construction Cost $ 1. Plan Checking Fee— 1 1/2% deposit/ $690.40 min. $ $ 2. Inspection Deposit—3% of estimated const. cost $. $ C. Street Sign $ D. Private Road $ II. STORM DRAINAGE DEPOSIT Total Units or Acres in Development Fee: Unit/Acre $ III. ROAD IMPROVEMENT / TRAFFIC SIGNAL FUND IV. RECORD OF SURVEY ** TIME BILLING ** $ V. LLA CHECKING $ VI. OTHER publication fee for the B. C. Planning Commission hearing $ 157.40 TOTAL AMOUNT: $ 157.40 Director of Public Works By K.PARKER Date April 17, 2008 Receipt Number 18216 D:\Land Dev\Forms\LD 1280 (Revised 1/08) COUNTY OF BUTTE DEPARTMENT OF PUBLIC WORKS 7 County Center Drive-Oroville,California 95965 Telephone: (530) 538-7266 ' MAPS AND IMPROVEMENTS - PROCESSING RECEIPT NAME OF MAP OR DEVELOPMENT RANCHO ESQUON Abn No. 262.068 LOCATION OF PROPERTY: Vacating a portion of Esquon Road and Hamlin Road. A.P. No.038-160-034, 040 &997, 040-140-014, 015, 020, 031 & 066 Applicant Rancho Esquon Recd From:, Rancho Esquon, Inc. Mailing Address P.O. Box 907, Concord, CA 94522 I. SUBDIVISION, PARCEL MAP AND SITE IMPROVEMENT PROCESSING A. Final Map Checking: Number of Lots (Fee: Per map $ + $ per lot + Planning: $ ) $ B. Improvement Estimated Construction Cost $ 1. Plan Checking Fee— 1 1h% deposit/ $690.40 min. $ $ 2. Inspection Deposit— 3% of estimated const. cost $ $ C. Street Sign $ D. Private Road $ II. STORM DRAINAGE DEPOSIT Total Units or Acres in Development Fee: Unit/Acre $ III. ROAD IMPROVEMENT/ TRAFFIC SIGNAL FUND $ IV. RECORD OF SURVEY ** TIME BILLING ** $ V. LLA CHECKING $ VI. OTHER abandonment filing fees $ 2,930.00 ($1,166.80— Land Dev. / $1,690.00 — Plan / $73.20—Ag Dept.) $ TOTAL AMOUNT: $ 2,930.00 Director of Public Works By K.PARKER Date April 23, 2008 Receipt Number 18224 D:\Land Dev\Forms\LD 1280 (Revised 1/08) BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on October 9, 2008 at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: - REQUEST FOR ABANDONMENT (Vacation of a Public Right of Way): The Butte County Planning Commission will hold a public hearing to determine whether the proposed road abandonment is consistent with the Butte County General Plan. The Planning Commission will not approve or deny the proposed abandonment. Name: Rancho Esquon, Inc. Project: RA08-0001 Planner: Brett Walker APNs: 038-160-040, 038-160-034, 040-140-014, 040-140- 015, 040-140-020, 040-140-021, 040-140-031, and 040-140-066 Zoning: A-20, and A-40; Agricultural, 20-, and 40-acre'minimum parcel sizes Land Use: Orchard and Field Crops Location: The proposed abandonment (vacation) is located east and south of the community of Durham, on the south side of Durham-Dayton Highway, and the east side of the Midway. Proposal: The abandonment would include a 40-foot right of way for Hamlin Road, located south of Durham-Dayton Highway and east of Esquon Road; and a varying right of way width (40 to 70 feet wide) for Esquon Road, located 785.3± feet south of Hamlin Road to the Midway. A public services easement will be reserved. Two cul-de-sacs are proposed, one at the northerly terminus of the portion of Esquon Road to be abandoned (south of Hamlin Road), and one at the westerly terminus of Esquon (east of the Midway). The length of the abandonment is approximately 4.65±miles. Documents for this project are on file for public review and comment starting Monday, September 22, 2008 through Wednesday, October 1, 2008. If you challenge the proposal in court, you may be limited to raising only those issues y6u.or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing. The above mentioned application and reference documents are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call or send an email to Brett Walker, (530)538-7470 orjbwalker@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise-Record on September 22, 2008. Butte County Department of Development Services 0 OTTF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o 0 0 0 7 County Center Drive o Oroville, CA 95965 0C--_ y0 (530)538-7601 Telephone (530)538-7785 Facsimile www.buftecounty.net/dds ADMINISTRATION * BUILDING* PLANNING BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on October 9, 2008 at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: REQUEST FOR ABANDONMENT (Vacation of a Public Right of Way): The Butte County Planning Commission will hold a public hearing to determine whether the proposed road abandonment is consistent with the Butte County General Plan. The Planning Commission will not approve or deny the proposed abandonment. Name: Rancho Esquon, Inc. Project: RA08-0001 Planner: Brett Walker APNs: 038-160-040, 038-160-034, 040-140-014, 040-140-015, 040-140-020, 040-140-021, 040-140-031, and 040-140-066 Zoning: A-20, and A-40; Agricultural, 20-, and 40-acre minimum parcel sizes Land Use: Orchard and Field Crops Location: The proposed abandonment (vacation) is located east and south of the community of Durham, on the south side of Durham-Dayton Highway, and the east side of the Midway. Proposal: The abandonment would include a 40-foot right of way for Hamlin Road, located south of Durham-Dayton Highway and east of Esquon Road; and a varying right of way width(40 to 70 feet wide) for Esquon Road, located 785.3± feet south of Hamlin Road to the Midway. A public services easement will be reserved. Two cul-de-sacs are proposed, one at the northerly terminus of the portion of Esquon Road to be abandoned (south of Hamlin Road), and one at the westerly terminus of Esquon (east of the Midway). The length of the abandonment is approximately 4.65±miles. Documents for this project are on file for public review and comment starting Monday, September 22, 2008 through Wednesday, October 1, 2008. If you challenge the proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to,the public hearing. The above mentioned application and reference documents are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call or send an email to Brett Walker, (530) 538-7470 or jbwalker@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS,DIRECTOR OF DEVELOPMENT SERVICES a. Butte County Department of Development Services it)T TF TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR oo o0 0 0 7 County Center Drive Oroville, CA 95965 0 : o (530) 538-7601 Telephone (530) 538-7785 Facsimile c�UHI'�y www.buftecountV.net/dds ADMINISTRATION* BUILDING* PLANNING June 17, 2008 TO: FILE COPY FROM: Brett Walker, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Rancho Esquon Inc., RA08-0001 APN: 038-160-040 I AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: July 2, 2008 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and/or to recommend conditionsand/or mitigation measures .relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: This is a request that the County abandon (vacate) the public i right of way on a portion of Esquon Road and Hamlin Road. The abandonment would include a 40-foot right of way for Hamlin Road, located south of Durham-Dayton Highway and east of Esquon Road; and a varying right of way width (40 to 70 feet wide) for Esquon Road, located 785.3 feet south of Hamlin Road to the Midway. A public utility easement will be reserved. Two cul-de-sacs are proposed, one at the northerly terminus of Esquon Road (south of Hamlin Road), and one at the westerly terminus of Esquon (east of the Midway). The length of the abandonment is approximately 4.65 miles. The proposed abandonment is located east and south 'of the community of Durham. The abandonment is located on the south side of Durham-Dayton Highway, and the east side of the Midway. COUNTY SUPERVISOR DISTRICT NO.: 4th ZONING: A-40 (Agricultural, 40 acre min.), GENERAL PLAN: OFC If a response cannot be submitted prior to the due dates listed above, please call Brett Walker at (530)538-7470 or send him an email at jbwalker@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: 10 COMMENT DISTRIBUTION LIST APPLICANT: FO-404 zs9ttokv �o PLANNING Mo / PROJECT DESCRIPTION: e—o �{� FILE NO.: o DATE: * � AP NO: County Oices and Cities: _ r-- arming Division X ,Assessor_'s_O ce=Mapping _ BCAG jf!nX' Environmental Health City of Biggs _ ALUC �X Bu%dingManager � City of Chico APCD �X L-L4FCo"; City of Gridley Butte Co. Farm Bureau eX Agricultural-Commission _ City of Oroville Chico Airport Commission &X—P_ub/ic_Works /L-and Dev Town of Paradise Chief Administrative Officer X County Counsel Fire Protection: California Depar_tmentofForestry�_ EI Medio Fire Protection District Domestic Water: S.F.W &P. Agency (OWID) _ Butte Water District _ Del Oro Water Co. California Water Service Co. _ Thermalito Irrigation District _ Other Utilities: ZC PG&E North - Chico 4 �2 ✓4 Ttr _ Chambers Cable TV PG&E South - Oroville Viacom Cable TV Irrigation District: � _ V.fhaV►� � �'V '—l Biggs/ West Gridley Water (-X,/ � D ibam����gaiiora=Dist. _ Paradise Irrigation Dist. Richvale Irrigation Dist. _ Table Mountain Irrigation Dist. Sewer: L.O.A.P.U.D. _ Sterling City Sewer Main_ Skansen Subdivision (CSA 21) Drainage Districts: . Sacramento &San Joaquin Drainage Dist. _ Reclamation District No. 833 Drainage District 200 _ Reclamation District No. 2054 Reclamation District No. 2056 State Agencies: CalTrans Dept. of Water Resources _ Dept. of Fish and Game Federal Agencies: U.S. Forest Service _ U.S. Bureau of Land Management Other Districts,Agencies, Committees,etc.: K:\Planning\FORMS\APPLICATIONS\Lead-in Sheet Distribution List.doc I Butte County Department of Development Serviceso�`',Tr TIM SNELLINGS, DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR o �l o BUTTE o 0 7 County Center Drive o o COUNTY *.. Oroville, CA 95965 0 0 (530) 538-7601 Telephone JUN 2 6 2008 UN (530) 538-7785 Facsimile www.buttecountV.net/dds DEVELOPMENT SERVICES ADMINISTRATION* BUILDING * PLANNING June 17, 2008 TO: Assessor's Office- Mapping FROM: Brett Walker, Butte County Planning Division . SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Rancho Esquon Inc., RA080001 APN: 038-160-040 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: July 2, 2008 The Planning Division has received a project application as described below.,This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: This is a request that the County abandon (vacate) the public right of way on a portion of Esquon Road and Hamlin Road. '.The abandonment would include a 40-foot right of way for Hamlin Road, located south of Durham-Dayton Highway and east of Esquon Road; and a varying right of way width (40 to 70 feet wide) for Esquon Road, located 785.3 feet south of Hamlin Road to the Midway. A public utility easement will be reserved. Two ,cul-de-sacs are proposed, one at the northerly terminus of Esquon Road (south of Hamlin Road), and one at the westerly terminus of Esquon (east of the Midway). The length of the abandonment is approximately 4.65 miles. The proposed abandonment is located east and south of the community of Durham. The abandonment is located on the south side of Durham-Dayton Highway, and the east side of the Midway. COUNTY SUPERVISOR DISTRICT NO.: 4th ZONING: A-40 (Agricultural, 40 acre min.), GENERAL PLAN: OFC If a response cannot be submitted prior to the due dates listed above; please call Brett Walker at (530)538-7470 or send him an email at jbwalker@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter: Please return response to project.planner. IDR COMMITTEE —APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: _ aft r � • Butte County Department of Development Services 0 SVT rFo TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR 0 0 7 County Center Drive o 0 Oroville, CA 95965 0 -'ee--=� =o (530) 538-7601 Telephone (530) 538-7785 Facsimile DUNt ADMINISTRATION * BUILDING * PLANNING November 14, 2008 Rancho Esquon Inc. P O Box 907 Concord, CA 94522 Re: Road Abandonment(Vacation of a Public Right of Way),RA08-0001; Rancho Esquon, Inc. Dear Applicant: i At the Butte County Planning Commission meeting held November 13,2008,the Planning Commission made a Findings that your request for to abandon(vacate)the public right of way on a portion of Esquon Road and all of Hamlin Road is consistent with the General Plan, pursuant to Government Code §65402. The Commission made a Finding that the abandonment is consistent, with a reservation and exception from vacation an easement for a future street or highway, pursuant to Street and Highways Code §8340(b). The Public Works Department will present your proposal to the Board of Supervisors for final action. Should you desire to appeal the action of the Planning Commission,you must do so in writing,prior to 5:00 p.m.,Monday,November 24, 2008 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of$50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar-day appeal period,the action of the Planning Commission is final. Should you have any questions regarding this matter,please contact Brett Walker at(530)538-7470 between 8:00 a.m. and 4:30 p.m.,Monday through Friday. Sincerely, Brett Walker Associate Planner Cc: Kelleher&Olivera, Attn: James Gallagher RESOLUTION 08-53 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION FINDING THAT THE RANCHO ESQUON ABANDONMENT (RA08-0001) IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN WHEREAS, the Planning Commission has considered RA08-0001 for Rancho Esquon, Inc., in accordance with the Butte County General Plan and California Government Code 65402, adjacent to Assessor's Parcel Numbers 038-160-034, 038-160-040, 040-140-014, 040-140-015, 040-140-020, 040-140-021, 040-140-031, and 040-140-066; and WHEREAS, the Planning Commission has determined the abandonment to be categorically exempt in accordance with Section 15305 of the California Environmental Quality Act; and WHEREAS, said abandonment was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, public meetings were held on October 9, 2008 and November 13, 2008; and WHEREAS, the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: 1. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15305. The project parcels comply with minor alterations in land use limitations in areas with an average slope of less than twenty percent. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Report to the Board of Supervisors on the General Plan consistency of the request by Rancho Esquon, Inc. to abandon a portion of Esquon Road and all of Hamlin Road. A. The proposed abandonment does not conflict with any goal or policy of the Butte County General Plan, with the reservation and exception from vacation an easement for a future street or highway, pursuant to Street and Highways Code §8340(b). B. The abandonment of the rights of way will not adversely impact public utilities because a public services easement will be reserved for utilities. C. Access easements for ingress and egress will be reserved for legal parcels not adjoining public roadways D. Hamlin Road and Esquon Road are not identified as critical for transportation/circulation in the General Plan. The roads are designated as `Rural Local Road'. Rural local roads are intended "...primarily to provide access to adjacent land and provide service to travel over relatively short distances as compared to collectors or other higher systems." (Table CIR-5, Page 1 of 3 i Functional System Characteristics). The proposal is consistent with the following Objectives and Policies of the Circulation Element: Objective 1.1 of the Circulation Element states: Accommodation of growth in areas presently serviceable should occur in a manner which is cost effective, safe, and consistent with environmental constraints. i ' Policy 1.1.4 of the Circulation Element states: New road construction in agricultural areas will occur only to support the area's agricultural economy or to improve capacity of highways which serve a County wide and regional interest. The land uses adjacent to the proposal and in the project vicinity are The general plan land use designation is Orchard and Field Crops agricultural. (OFC) and zoning is Agricultural (A-10, A-20 and A-40). The County does not plan on improving (paving, widening, etc.) Hamlin Road or Esquon Road. The roadways do not currently, and are not planned to, serve Countywide or regional highway transportation needs. Ohiective 1 of the Circulation Elerment states* Provide an integrated system of roads and highways that serve all land use needs. Policy 1.2.1 of the Circulation Element states: Road system planning will emphasize preservation of the existing roadway network while working to increase the efficiency and capacity of the existing network. The roadways proposed for abandonment mainly serve one landowner; Rancho Esquon, Inc. Alternative paved routes are available for local and regional transportation. Unpaved roads require frequent maintenance; limited road funds could be used elsewhere to improve efficiency and capacity of more heavily used roads. Objective 2.1 of the Circulation Element states: Provide an adequate road system that is within the County's ability to finance and maintain. Policy 2.1.2 of the Circulation Element states: Butte County will encourage and support sincere efforts by County residents to form assessment districts for road maintenance and road drainage. Road maintenance funds available to the County are limited. There are two landowners adjacent to the proposed abandonment, the applicant and PG&E. It is not efficient to establish an assessment district for a road that serves two property owners. Objective 4.1 of the Circulation Element states: Provide for a road and highway network that meets the need of existing and anticipated movements of people and goods. Page 2 of 3 Policy 4.1.13 of the Circulation Element states: The County will, on an on-going basis, evaluate which roads are needed in the County road system and which roads should perhaps revert to private ownership. The County Departments were notified of the proposed abandonment; none objected to the abandonment. Hamlin and Esquon Roads are not proposed for future improvements and are not part of the regional road and highway network Hamlin Road and the portion of Esquon Road proposed for abandonment are not currently used by the general public for local or regional transportation needs. The proposed abandonment will not hinder the movement of people or goods. Policy 4.1.14 of the Circulation Element states: Proposals to abandon or close County Roads and right-of-way shall address the impacts of abandonment on local land uses identified in the General Plan, and shall also address the impacts of alternative public uses of the right-of-way, such as bikeways,riding trails, and hiking trails. Adjacent agricultural land uses will not be impacted by the proposed abandonment. Access for all parcels will.be retained. Hamlin and Esquon Roads are not part of an existing or proposed bicycle route, riding trail or hiking trail. E. The proposal will not impede local or regional circulation. DULY PASSED AND ADOPTED this 13`h day of November, 2008, by the following vote: AYES: Commissioners Lambert, Leland and Nelson NOES: Commissioner Wilson ABSENT: Commissioner Marin / ABSTAIN: None HARREL WILSON, Chair Planning Commission County of Butte, State of California ATTEST: BONHAM, Secretary Tanning Commission County of Butte, State of California J Page 3 of 3 Butte County Department of Development Services o �TTF0 TIM SNELLINGS, DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR o o o 7 County Center Drive o ` °�` "® �o Oroville, CA 95965 (530) 538-7601 Telephone cOUN'�y (530) 538-7785 Facsimile www.buttecounty.netidds www.buttegeneralplan.net ADMINISTRATION * BUILDING" PLANNING October 13, 2008 Rancho Esquon Inc. P O Box 907 Concord,CA 94522 Re: Road Abandonment,RA08-0001; APN: 038=160-040 et al. Dear Applicant: At the regular meeting of the Butte County Planning Commission held October 9, 2008, the public hearing was continued open to November 13, 2008 at 9:00 a.m. to consider your application for the road abandonment. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. Should you have any questions regarding this matter, .please contact Brett Walker at ibwalker@buttecounty.net or (530) 538-7470 between 8:00 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Brett Walker Associate Planner Cc: Kelleher&Olivera Law Offices,Attn: James Gallagher, PO Box 3382,Yuba City, CA'95991 Public Works BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT —November 13, 2008 Applicant: Rancho Esquon, Inc. Location: South and east of the community of Durham File#: RA08-0001 Project Size: 4.65±miles of right of way Request: Abandon the public right of Supervisor 4 way on a portion of Esquon District: Road and all of Hamlin Road. G.P.: Orchard and Field Crops Planner: Brett Walker, Associate Planner Zoning: A-20,A-40 Attachments: A: Resolution Zone Date: 2/25/1992 (A-20), 6/17/1995 (A-40) APN: Adjacent to 038-160-034, 038-160-040, 040-140-014, 040-140-015, 040-140-020, 040-140-021, 040-140-031, and 040-140-066 EXECUTIVE SUMMARY: This project was continued from the October 9, 2008 Planning Commission meeting. The Planning Commission requested additional information from the Department of Development Services, the Public Works Department and County Counsel. California Government Code §65402 requires that the proposed Road Abandonment, officially called a Vacation of a Public Right of Way, be presented to the Planning Commission to determine consistency with the general plan. A Finding of Consistency is required to comply with State statute. The Board of Supervisors will take final action on the proposal. Questions from the Planning Commission included the following: 1. Is it possible for the Public Works Department to issue an encroachment permit to the landowner, which would allow the landowner to permanently maintain the roadways? 2. How much does the County spend on maintaining the roadways, and how often does the County perform maintenance of the roadways? I ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 13,2008 ■Rancho Esquon,Inc RA08-0001 ■Page 1 of 7 ■ 3. Can the County grant the abandonment and simultaneously retain an irrevocable offer of dedication,to allow the County to re-obtain the right of way that was vacated? 4. Should the County retain these rights of way for the future? Will these roads be critical for transportation/circulation in the future? Staff has analyzed this abandonment request and recommends that the Planning Commission find that the Road Abandonment is consistent with and does not conflict with any goals or policies in the Butte County General Plan. ANALYSIS: • Question: Is it possible for the Public Works Department to issue an encroachment permit to .the landowner, which would allow the landowner to permanently maintain the roadways? Answer/Anal: Stuart Edell, Deputy Director of Public Works, indicated it is possible to enter into an Encroachment Agreement, or to issue an annual Encroachment Permit to allow them to provide maintenance on a public road. Maintenance standards and liability issues would need to be resolved prior to approval of the Agreement or issuance of the permit. • Question: How much does the County spend on maintaining the roadways, and how often does the County perform maintenance of the roadways? Answer/Analysis: According to Stuart Edell, approximately $11,600 per year is spent to maintain the roads and ditches proposed for abandonment. • Question: Can the County grant the abandonment and simultaneously retain an irrevocable offer of dedication,to allow the County to obtain the right of way to be vacated? Answer/Analysis: Stuart Edell referred to Street and Highways Code Section 8340(b), which stated "A local agency may reserve and except from vacation an easement for a future street or highway, unless the local agency finds that the street or highway is unnecessary for prospective public use. " • Question: Should the County retain these rights of way for the future? Will these roads be critical for transportation/circulation in the future? Answer/Analysis: Hamlin Road and Esquon Road are not identified as critical for transportation/circulation in the General Plan. The roads are designated as `Rural Local Road'. Rural local roads are intended "...primarily to provide access to adjacent land and provide service to travel over relatively short distances as compared to collectors or other higher systems. " (Table CIR-5, Functional System Characteristics) The following objectives and policies were analyzed for general plan consistency: o Objective 1.1 of the Circulation Element states: Accommodation of growth in areas presently serviceable should occur in a manner which is cost effective, safe, and consistent with environmental constraints. ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 13,2008 ■Rancho Esquon,Inc. RA08-0001 ■Page 2 of 7 ■ • Policy 1.1.4 of the Circulation Element states: New road construction in agricultural.areas will occur only to support the area's agricultural economy or to improve capacity of highways which serve a County wide and regional interest. The land uses adjacent to the proposal and in the project vicinity are agricultural. The general plan land use designation is Orchard and Field Crops (OFC) and zoning is Agricultural (A-10, A-20 and A-40). The County does not plan on improving (paving, widening, etc) Hamlin Road or Esquon Road. The roadways do not currently, and are not planned to, serve Countywide or regional highway transportation needs. o Objective 1.2 of the Circulation Element states: Provide an.integrated system of roads and highways that serve all land use needs. Policy 1.2.1 of the Circulation Element states: Road system planning will emphasize preservation of the existing roadway network while working to increase the efficiency and capacity of the existing network. The roadways proposed for abandonment mainly serve one landowner; Rancho Esquon, Inc. Alternative paved routes are available for local and regional transportation. Unpaved roads require frequent maintenance; limited road funds could be used elsewhere to improve efficiency and capacity of more heavily used roads. o Objective 2.1 of the Circulation Element states: Provide an adequate road system that is within the County's ability to fmance and maintain. Policy 2.1.2 of the Circulation Element states: Butte County will encourage and support sincere efforts by County residents to form assessment districts for road maintenance and road drainage. Road maintenance funds available to the County are limited. There are two landowners adjacent to the proposed abandonment, the applicant and PG&E. It is not efficient to establish an assessment district for a road that serves two property owners. o Objective 4.1 of the Circulation Element states: Provide for a road and highway network that meets the need of existing and anticipated movements of people and goods. Policy 4.1.13 of the Circulation Element states: The County will, on an on-going basis,-evaluate which roads are needed in the County road system and which roads should perhaps revert to private ownership. The County Departments were notified of the proposed abandonment; none objected to the abandonment. Hamlin and Esquon Roads are not proposed for future improvements and are not part of the regional road and highway network. Hamlin Road and the portion of Esquon Road proposed for abandonment are not currently used by the general public for local or regional transportation needs. The proposed abandonment will not hinder the movement of people or goods. ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 13,2008 ■Rancho Esquon,Inc.RA08-0001 ■Page 3 of 7 ■ Policy 4.1.14 of the Circulation Element states: Proposals to abandon or close County Roads and right-of-way shall address the impacts of abandonment on local land uses identified in the General Plan, and shall also address the impacts of alternative public uses of the right-of-way, such as bikeways, riding trails, and hiking trails. Adjacent agricultural land uses will not be impacted by the proposed abandonment. Access for all parcels will be retained. Hamlin and Esquon Roads are not part of an existing or proposed bicycle route, riding trail or hiking trail. ENVIRONMENTAL REVIEW: This project has been determined to be categorically exempt from the requirements of the California 'Environmental Quality Act under Section 15305 (Minor Alterations in Land Use -Limitations). This exemption consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. i I ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 13,2008 ■Rancho Esquon,Inc. RA08-0001 ■Page 4 of 7 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION FINDING THAT THE RANCHO ESQUON ABANDONMENT (RA08-0001) IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN WHEREAS, the Planning Commission has considered RA08-0001 for Rancho Esquon, Inc., in accordance with the Butte County General Plan and California Government Code 65402, adjacent to Assessor's Parcel Numbers 038-160-034, 038-160-040, 040-140-014, 040-140-015, 040-140-020, 040-140-021, 040-140-031, and 040-140-066; and WHEREAS, the Planning Commission has determined the abandonment to be categorically exempt in accordance with Section 15305 of the California Environmental Quality Act; and WHEREAS, said abandonment was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, public meetings were held on October 9, 2008 and November 13, 2008; and WHEREAS, the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15305. The project parcels comply with minor alterations in land use limitations in areas with an average slope of less than twenty percent. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. Il. Report to the Board of Supervisors on the General Plan consistency of the request by Rancho Esquon, Inc. to abandon a portion of Esquon Road and all of Hamlin Road. A. The proposed abandonment does not conflict with any goal or policy of the Butte County General Plan. B. The abandonment of the rights of way will not adversely impact public utilities because a public services easement will be reserved for utilities. C. Access easements for ingress and egress will be reserved for legal parcels not adjoining public roadways D. Hamlin Road and Esquon Road are not identified as critical for transportation/circulation in the General Plan. The roads are designated as `Rural Local Road'. Rural local roads are intended "...primarily to provide access to adjacent land and provide service to travel over relatively short ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 13,2008 ■Rancho Esquon,Inc. RA08-0001 ■Page 5 of 7 ■ distances as compared to collectors or other higher systems." (Table CIR-5, Functional System Characteristics). The proposal is consistent with the following Objectives and Policies of the Circulation Element: Objective 1.1 of the Circulation Element states: Accommodation of growth in areas presently serviceable should occur in a manner which is cost effective, safe, and consistent with environmental constraints. Policy 1.1.4 of the Circulation Element states: New road construction in agricultural areas will occur only to support the area's agricultural economy or to improve capacity of highways which serve a County wide and regional interest. The land uses adjacent to the proposal and in the project vicinity are agricultural. The general plan land use designation is Orchard and Field Crops (OFC) and zoning is Agricultural (A-10, A-20 and A-40). The Countydoes not plan on improving (paving, widening, etc.) Hamlin Road or Esquon Road. The roadways do not currently, and are not planned to, serve Countywide or . regional highway transportation needs. Objective 1.2 of the Circulation Element states: Provide an integrated system of roads and highways that serve all land use needs. Policy 1.2.1 of the Circulation Element states: Road system planning will emphasize preservation of the existing roadway network while working to increase the efficiency and capacity of the existing network. The roadways proposed for abandonment mainly serve one landowner; Rancho Esquon; Inc. Alternative paved routes are available for local and regional transportation. Unpaved roads require frequent maintenance; limited road funds could be used elsewhere to improve efficiency and capacity of more heavily used roads. Objective 2.1 of the Circulation Element states: Provide an adequate road system that is within the County's ability to fmance and maintain. Policy 2.1.2 of the Circulation Element states: Butte County will encourage and support sincere efforts by County residents to form assessment districts for road maintenance and road drainage. Road maintenance funds available to the County are limited. There are two landowners adjacent to the proposed abandonment, the applicant and PG&E. It is not efficient to establish an assessment district for a road that serves two property owners. ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 13,2008 ■Rancho Esquon,Inc.RA08-0001 ■Page 6 of 7 ■ Objective 4.1 of the Circulation Element states: Provide for a road and highway network that meets the need of existing and anticipated movements of people and goods. Polices of the Circulation Element states: The County will, on an on-going basis, evaluate which roads are needed in the County road system and which roads should perhaps revert to private ownership. The County Departments were notified of the proposed abandonment; none objected to,the abandonment. Hamlin and Esquon Roads are not proposed for future improvements and are not part of the regional road and highway network. Hamlin Road and the portion of Esquon Road proposed for abandonment.are not currently'used by the general public for local or regional transportation needs. The proposed abandonment will not hinder the movement of people or goods. Polices of the Circulation Element states: Proposals to abandon or close County Roads and right-of-way shall address the impacts of abandonment on local land uses identified in the General Plan, and shall also address the impacts of alternative public uses of the right-of-way, such as bikeways,riding trails,and hiking trails.. Adjacent agricultural land uses will not be impacted by the proposed abandonment. Access for all parcels will be retained. Hamlin and Esquon Roads are not part of an existing or proposed bicycle route, riding trail or hiking trail. E. The proposal will not impede local or regional circulation. DULY PASSED AND ADOPTED this 13`x' day of November, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: HARREL WILSON, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■November 13,2008 ■Rancho Esquon,Inc. RA08-0001 ■Page 7 of 7 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT- OCTOBER 9, 2008 Applicant: Rancho Esquon, Inc. Location: South and east of the community of Durham File#: RA08-0001 Project Size: 4.65±miles of right of way Request: Abandon the public right of Supervisor 4; Curt Josiassen way on a portion of Esquon District: Road and all of Hamlin Road. G.P.: Orchard and Field Crops Planner: Brett Walker, Associate Planner Zoning: A-20,A-40 Attachments: A: Resolution Zone Date: 2/25/1992 (A-20), 6/17/1995 B: Interdepartmental (A-40) Memorandum from Stuart Edell to Tim Snellings regarding the proposed abandonment, dated August 28, 2008 APN: Adjacent to 038-160-034, C: Maps: 038-160-040, 040-140-014, 1. Vicinity map 040-140-015, 040-140-020, 040-140-021, 040-140-031, 2. Cul-de-sac maps and 040-140-066 EXECUTIVE SUMMARY: The project would abandon (vacate) a public right of way on a portion of Esquon Road and all of Hamlin Road. The proposed abandonment, officially called a Vacation of a Public Right of Way, would include a 40-foot wide right of way for Hamlin Road and a varying right of way width (40 to 70 feet wide) for Esquon Road. A public services easement would be reserved. Two cul-de- sacs are proposed, one at the northerly terminus of the portion of Esquon Road to be abandoned (south of Hamlin Road), and one at the westerly terminus of Esquon (east of the Midway). The length of the abandonment is approximately 4.65±miles. California Government Code §65402 requires that the proposed Road Abandonment be presented to the Planning Commission to determine consistency with the general plan. A Finding of Consistency is required to comply with State statute. The Board of Supervisors will take final action on the proposal. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■October 9,2008 ■Rancho Esquon,Inc RA08-0001 ■Page 1 of 5 ■ A public services easement will be reserved in the area to be abandoned. Additionally, ingress and egress will be reserved for those parcels that will not adjoin a public right of way. Staff has analyzed this abandonment request, and recommends that the Planning Commission find that the Road Abandonment is consistent with and does not conflict with any goals or policies in the Butte County General Plan. PROJECT DESCRIPTION: • The applicant is requesting the abandonment because people have been using the rights of way as a dumping ground. Additionally, dust is created when vehicles travel the gravel roads, which impacts the applicants almond orchards. • The subject rights of.way were created by the Subdivisional Plan of the Durham State Land Settlement, Book 8 of Maps at Pages 16, 17 and 18; 1538 OR 07; 1538 OR 14; and 185 Deeds 5. • The Hamlin Road abandonment would include a 40-foot right of way, located south of Durham-Dayton Highway and east of Esquon Road. • The Esquon Road abandonment would include a varying right of way width (40 to 70 feet wide)beginning at a point 785.3 feet south of Hamlin Road to the Midway. • Two cul-de-sacs are proposed, one at the proposed northerly terminus of the portion of Esquon Road to be abandoned, located 785.3 feet south of Hamlin Road; one at the westerly terminus of Esquon Road, east of the Midway (see attached maps). • The applicant provided letters from PG&E and AT&T. Both utilities did not object to the abandonment,provided that public services easements are retained. • Access easements for ingress and egress will be reserved for legal parcels not adjoining public roadways. ANALYSIS: • The request is consistent with the Butte County General Plan because it does not conflict with any adopted or proposed element of the General Plan. • The proposed Road Abandonment does not violate or hinder any policies of the General Plan Circulation Element. o Goal 4 of the Circulation Element states: Provide for a road and highway network that meets the need of existing and anticipated movements of people and goods. Hamlin Road and the portion of Esquon Road proposed for abandonment are not currently used by the general public for local or regional transportation needs. The proposed abandonment will not hinder the movement of people or goods. • The proposal will not impede local or regional circulation. ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ October 9,2008 ■Rancho Esquon, Inc. RA08-0001 ■Page 2 of 5 ■ i I • Two landowners, the applicant and PG&E, own property adjoining the project area. Additionally, the County owns fee title to 0.46 acres of the subject area. The applicant will pay the County for this land. • If the landowner proposed development (parcel map, subdivision map, etc.) on the adjoining parcels,the County would require the dedication of land for access to the new development. The landowner has not proposed development at the site. • The Butte County Public Works Department, Environmental Health Division, Agricultural Commission, Assessor's Office, County Counsel and the Local Agency Formation Commission reviewed the proposal and did not object to the proposal. ENVIRONMENTAL REVIEW: This project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act under Section 15305 (Minor Alterations in Land Use Limitations). This exemption consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■October 9,2008 ■ Rancho Esquon,Inc.RA08-0001 ■Page 3 of 5 ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION FINDING THAT THE RANCHO ESQUON ABANDONMENT (RA08-0001) IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN WHEREAS, the Planning Commission has considered RA08-0001 for Rancho Esquon, Inc., in accordance with the Butte County General Plan and California Government Code 65402, adjacent to Assessor's Parcel Numbers 038-160-034, 038-160-040, 040-140-014, 040-140-015, 040-140-020, 040-140-021, 040-140-031, and 040-140-066; and WHEREAS, the Planning Commission has determined the abandonment to be categorically exempt in accordance with Section 15305 of the California Environmental Quality Act; and WHEREAS, said abandonment was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public meeting was held on October 9, 2008; and WHEREAS, the Planning Commission has considered a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under Section 15305. The project parcels comply with minor alterations in land use limitations in areas with an average slope of less than twenty percent. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. Il. Report to the Board of Supervisors on the General,Plan consistency of the request by Rancho Esquon, Inc. to abandon a portion of Esquon Road and all of Hamlin Road. A. The proposed abandonment does not conflict with any goal or policy of the i Butte County General Plan. B. The abandonment of the rights of way will not adversely impact public utilities because a public services easement will be reserved for utilities. C. Access for parcels that do not adjoin a public right of way will be retained. D. The Esquon Road and Hamlin Road rights of way are not needed for circulation. The proposal is consistent with the following Goal of the Circulation Element: Goal 4 of the Circulation Element states: ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ October 9,2008 ■Rancho Esquon,Inc.RA08-0001 ■Page 4 of 5 ■ i Provide for a road and highway network that meets the need of existing and anticipated movements of people and goods. Hamlin Road and the portion of Esquon Road proposed for abandonment are not currently used by the general public for local or regional transportation needs. The proposed abandonment will not hinder the movement of people or goods. E. The proposal will not impede local or regional circulation. DULY PASSED AND ADOPTED this 9t' day of October, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: HARREL WILSON, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■ ■ October 9,2008 ■Rancho Esquon,Inc.RA08-0001 ■Page 5 of 5 ■ i Q WTMENI, O� 0 Tr 0& / a. ��\ a o s INTER-DEPARTMENTAL MEMORANDUM a o a PUBLIC WORKS DEPARTMENT 0 0 Aye<« Wo��S TO: TIM SNELLINGS,DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL,MANAGER, LAND DEVELOPMENT DIVISION PUBLIC WORKS SUBJECT: PROPOSED VACATION OF A PORTION OF ESQUON ROAD AND HAMLIN ROAD, ABN NO. 262.0681) AP 038-160-034, 040 & 997, 040-140-014, 015,020, 031 & 066 DATE: AUGUST 28, 2008 Abandonment has historically been used to describe the process used to vacate public interest in an existing road right of way or utility easement. The vacation process, as setforth in the California Streets and Highways Code, is used to vacate, or as commonly known abandon, portions of public rights of way (roads, public utility easements, public service easements, . drainage easements, etc.)which are no longer necessary for public purposes. The attached plats and legal descriptions replace those submitted to your office April 28, 2008. Please note that in addition to the reservation to a public services easement for the utilities, we are requesting the following ingress and egress reservation for the existing lots owned by Rancho Esquon: "ALSO EXCEPTING AND RESERVING THEREFROM, pursuant to the provisions of Section 8340 of the California Streets and Highways Code and for the benefit of the adjoining properties, currently under the ownership of Rancho Esquon Inc., the rights of ingress and egress, in, upon, over, under and across the portion of the herein described Esquon Road and that portion of Hamlin Road abutting lots 33A and 41, or any parts or portions thereof, as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records." We have also had a request that the property owner, Ken Hoffman, P.O. Box 907, Concord, CA 94522, be notified of the Planning Commission hearing. Please have the proposed vacation submitted to the Planning Commission at the earliest opportunity, to be considered in regard to the findings that the project is categorically exempt from environmental review and the proposed vacation is in conformance with the Butte County. Esquon Vacation Page 2 of 2 August 28, 2008 General Plan. Following Planning Commission action our department will further process the vacation and will take it forward to the Board of Supervisors. Please advise us of the schedule of processing by your department and provide us a copy of the ° Agenda and Planning Commission minutes documenting the Commission's action. All correspondence should be addressed to Stuart Edell, Manager, Land Development Division, Butte County Public Works, 7 County Center Drive, Oroville, CA 95965. If additional information is required,please contact me at your convenience. Attachments cc: all wlattachments Mike Crump, Director of Public Works (File 262.068) James M. Gallagher, Kelleher&Olivera Law Offices,P.O. Box 3382, Yuba City, CA 95991 r EXHIBIT "A" LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF ESQUON ROAD AND HAMLIN ROAD All that real property situate in the County of Butte, State of California,being a portion of the Rancho Esquon and described as follows: Esquon Road A portion of Esquon Road, a public right of way of varying widths, being more particularly described as follows: Beginning at the intersection of Esquon Road with the easterly line of the Southern Pacific Railroad right of way, as said right of way is shown on that certain map entitled Right of Way and Track Map Main Line Southern Pacific Company,page V-115/17, said map being on file with the Union Pacific Railroad; Thence along Esquon Road in a general northeasterly, southeasterly,northeasterly and northerly direction to the most northerly comer of Lot 35A, as said Lot is shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records. EXCEPTING TREREEROM any portion thereof lying within the following described real property: Beginning at the most northerly corner of Lot 35A as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages.16, 17 and 18,Butte County Records, said point being on the centerline of Esquon Road, a 70 foot wide public right of way, as shown on said map; Thence leaving said centerline of Esquon Road at a right angle, East 35.00 feet to the east line of said Esquon Road; Thence along said east line of Esquon Road, South 57.45 feet to the beginning of a curve concave to the northeast having a radius of 50.00 feet; Thence southerly, westerly and northerly 205.21 feet along the last said curve through a central angle of 235°09'00" to the beginning of-a reverse curve concave to the northwest having a radius of 20.00 feet; EXHIBIT"A" Page 1 of 3 Thence northeasterly 19.25 feet along the last said curve through a central angle of 55°09'00"to a point of tangency with the west line of said Esquon Road; Thence leaving said west line of Esquon Road, East 35.00 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM any portion thereof lying within the following described real property: Beginning at a point on the easterly line of the Southern Pacific Railroad right of way, as said right of way is shown on that certain map entitled Right of Way and Track Map Main Line Southern-Pacific Company,page V-115/17, said map being on file with the Union Pacific Railroad, said point bears along said line South 16°04'00"East 3535.0 feet from the intersection of said line with the westerly line of the Rancho Esquon; Thence along said easterly line of the Southern Pacific Railroad right of way, South 16°04'00" East 36.85 feet; Thence leaving said easterly line,North 38°26'00"East 153.58 feet to the beginning of a curve concave to the southeast having a radius of 20.00 feet; Thence northeasterly 22.56 feet along said curve through a central angle of 64°37'23"to the beginning of a reverse curve concave to the southwest having a radius of 50.00 feet; Thence easterly, northerly, westerly and southwesterly 213.47 feet along the last said curve through a central angle of 244°37'23"; Thence South 38°26'00" West 174.03 feet to said easterly line of the Southern Pacific Railroad right of way; Thence along said easterly line, South 16°04'00" East 36.85 feet to the Point of Beginning. ALSO EXCEPTING AND RESERVING THEREFROM,pursuant to the provisions of Section 8340 of the California Streets and Highways Code and for the benefit of Pacific Bell Telephone Company(dba AT&T California) and for the benefit of Pacific Gas and Electric Company, their heirs and assigns, a permanent public service easement and the right at anytime or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable wires, poles and other convenient structures equipment for the operation of telegraph and telephone lines and other communication facilities, electric lines and facilities, gas lines and facilities, including access for ingress and egress and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over, under and across the portion of the herein described Esquon Road. EXHIBIT"A" Page 2of3 Hamlin Road Hamlin Road, being a 40 foot wide public right of way, as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records. I LAND SG J No. 6967 Date: G-Z(v-O$ 4Northstar AEEngi*neeri — Michael L. Mays, LS 6967 EXP. 09/30/09 9TF OF CAL�F��� EXHIBIT"A" _Page 3 of 3 EXHIBIT "A" LEGAL DESCRIPTION FOR ESQUON ROAD (South Cul-de-sac) All that real property situate in the County of Butte, State of California,being a portion of the Rancho Esquon and described as follows: Beginning at a point on the easterly line of the Southern Pacific Railroad right of way, as said right of way,is shown on that certain map entitled Right of Way and Track Map Main Line Southern Pacific Company,page V-115/17, said map being on file with the Union Pacific Railroad, said point bears along said line South 16°04'00"East 3535.0 feet from the intersection of said line with the westerly line of the Rancho Esquon; Thence along said easterly line of the Southern Pacific Railroad right,of way, South 16°04'00"East 36.85 feet; Thence leaving said easterly line,North 38°26'00"East 153.58 feet to the beginning of a curve concave to the southeast having a radius of 20.00 feet; Thence northeasterly 22.56 feet along said curve through a central angle of 64°37'23"to the beginning of a reverse curve concave to the southwest having a radius of 50.00 feet; Thence easterly, northerly, westerly and southwesterly 213.47 feet along the last said curve through a central angle of 244°37'23"; Thence South 38°26'00"West 174.03 feet to said easterly line of the Southern Pacific Railroad right of way; Thence along said easterly line, South 16604'00"East 36.85 feet to the Point of Beginning. Containing 17,153 square feet, more or less. �O SAND SG No. 6967 Date: •01� -06 Northstar Engineenrd Michael L. Mays, LS 6967 *� EXP. 09/30/09 ATF OF APN: 070-130-040 EXHIBIT"A" Page 1 of 1 EXHIBIT "A" LEGAL DESCRIPTION FOR ESQUON ROAD (North Cul-de-sac) All that real property situate in the County of Butte, State of California, being a portion of the Rancho Esquon and described as follows: Beginning at the most northerly corner of Lot 35A as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records, said point being on the centerline of Esquon Road, a 70 foot wide public right of way, as shown on said map; Thence leaving said centerline of Esquon Road at a right angle, East 35.00 feet to the east line of said Esquon Road; Thence along said east line of Esquon Road, South 57.45 feet to the beginning of a curve concave to the northeast having a radius of 50.00 feet; Thence southerly,westerly and northerly 205.21 feet along the last said curve through a central angle of 235°09'00" to the beginning of a reverse curve concave to the northwest having a radius of 20.00 feet; Thence northeasterly 19.25 feet along the last said curve through a central angle of 55°09'00" to a point of tangency with the west line of said Esquon Road; Thence leaving said west line of Esquon Road, East 35.00 feet to the Point of Beginning. Containing 8,959 square feet, more or less. The basis of bearings is the same as that shown on said map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records. LAND S� No. 6967 Date: Northstar Engine 'ng Michael L. Mays, LS 6967 *, EXP. 09/30/09 APN: 070-130-040 EXHIBIT"A" Page 1 of 1 Vista n � ( n HU; Durham—Dayton Hwy o 1 l I Fra k ario Ln \ \ - c Hr C_t Lott R-d d�Wa t _ E �-- w�� a ; Abandonment'Location 4 ' 1 i i > j j I I i I White Dr ' P ate Ln Abandonment Location i X Cul-de-sacs located at each end �• i' j i i i i i 1,600 800 0 1,600 3,200 4,800 6,400 8,000 9,600 11,200 12,800 14,400 Feet BUTTE COUNTY PLANNING COMMISSION N Applicant: Rancho Es uon, Inc. Owner: Same W E Hearin Date: October 9, 2008 @ 9:00 a.m. Existin Zone: A-40 &A-20 S Request:Abandonment of a portion of Esquon Rd. and Hamilton Rd. Right-of-Ways. A Public Supervisorial Utilities Easement will be reserved within the abandonment area. Two Cul-de-sacs are proposed, District#4 one at the northerly terminus and one at the westerly terminus of Es uon Rd. Assessor Parcel No: 038-160-040 File: RA 08-0001 NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. n DURHAM-DAYTON HIGHWAY LL STUART EDELL RCE 29132 0 BUTTE COUNTY DEPUTY SURVEYOR 0 REGISTRATION EXPIRES 3/31/09 HAMLIN 0 O K �9 9� �O PROJEC SITE a �p \_AND SG EL C. 'pL �9N�p J �7 N0. PLS 6967 F � �9T+p 9/30I�� s Fof CA`-�F°� EXHIBIT „B" PLAT TO ACCOMPANY DESCRIPTION OF ESQUON ROAD LYING WITHIN RTHSTAENGIN RING THE ESQUON RANCHO MICHAEL L.. MAYS, PLS 6967 NorthStar EXP 9/30/09 COUNTY OF BUTTE, STATE OF CALIFORNIA CIVIL ENGINEERS • PLANNERS • SURVEYORS i ® 111 MISSION RANCH BLVD. SUITE 100 ' CHICO, CALIFORNIA 95926 ENGINEERING G (530) 893-1600 FAX (530) 893-2113 SHEET 1 OF 2 JUNE 2008 JOB NO. 08-024 JOS �O G SCALE: 1" = 50' t, O 50' RADIUS o: p� JO po RO PD R\ 0 o �py0,,��` OHO 60 50 Ale 0 O �/ •`tib �?� a POB AREA � N CUL-DE-SAC 17,1531 SF O C1 �z LINE TABLE LINE BEARING DISTANCE L1 N16'04'00"W 36.85' y L2 N16'04'00"W 36.85' L3 S51'34'00"E 20.00' O 50 CURVE TABLE CURVE RADIUS DELTA LENGTH C1 20.00' 64'37'23" 22.56' LEGEND C2 50.00' 244.37'23" 213.47' PROJECT BOUNDARY EXISTING RIGHT-OF-WAY 040-140-015 ASSESSOR'S PARCEL NUMBER EXHIBIT "B" o CALCULATED POINT PLAT TO ACCOMPANY POB POINT of BEGINNING DESCRIPTION OF ESQUON ROAD ENDOESQUON ROAD TO BE LYING WITHIN ABANDONED BY SEPARATE THE ESQUON RANCHO INSTRUMENT COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS • PLANNERS ' SURVEYORS A, A t B A��i 111 MISSION RANCH BLVD. SUITE 100 • CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 2 OF 2 JUNE 2008 JOB NO. 08-024 r � NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. n DURHAM—DAYTON HIGHWAY STUART EDELL RCE 29132 0 BUTTE COUNTY DEPUTY SURVEYOR REGISTRATION EXPIRES 3/31/09 HAMLIN PROJECT ® SITE 0 Q 0 �9 O� c^y �O O� y0 2 -p C,p 09 O 0 \-ANO N 0 NO. PLS 6967 F � x 9/30I�°' 3 FOFF' CA`-`F�� EXHIBIT "B" PLAT TO ACCOMPANY _0 DESCRIPTION OF ESQUON ROAD LYING WITHIN ENGIN RING MICHAEL L. THE ESQUON RANCHO MICHAEL L. MAYS, PLS 6967 EXP 9/30/09 COUNTY OF BUTTE, STATE OF CALIFORNIA NOwthSt(ar y CIVIL ENGINEERS ' PLANNERS • SURVEYORS 111 MISSION RANCH BLVD. SUITE 100 ` CHICO, CALIFORNIA 95926 _ ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 1 OF 2 JUNE 2008 JOB NO. 08-024 SCALE: 1" = 50' _ HAMLIN�ROAD� z 0 Z) r� cy w LINE TABLE LINE BEARING DISTANCE Lt N90'00'00"E 35.00' ro L2 N90'00'00"E 35.00' 038-140-038 L3 N90'00'00"W 15.00' LOT 40 CURVE TABLE CURVE RADIUS DELTA LENGTH o Cl 20.00' 55'09'00" 19.25' z C2 50.00' 235'09'00" 205.21' 70' 038-160-040 LOT 33A Lt L2 038-140-033 �. LEGEND LOT 40 a F PROJECT BOUNDARY 0Z,to 0 EXISTING RIGHT-OF-WAY 'n z AND PARCEL LINES 040-140-015 ASSESSOR'S PARCEL L3 NUMBER s0. o CALCULATED POINT P�OB/ POINT OF BEGINNING OAD TO SEPARATE BANDONED BYINSTRUMENT C LOT NUMBER PER LOT 35A DURHAM STATE LAND 038-160-031 SETTLEMENT, 8 M 16-18 //�/� LOT 35A EXHIBIT "B" AREA PLAT TO ACCOMPANY DESCRIPTION OF ESQUON ROAD CUL—DE—SAC 8,959± SF LYING WITHIN THE ESQUON RANCHO NorthStar COUNTY OF BUTTE, STATE OF CALIFORNIA CIVIL ENGINEERS *. PLANNERS * SURVEYORS p 111 MISSION RANCH BLVD. SUITE 100 * CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 2 OF 2 JUNE 2008 JOB NO. 08-024 Rancho Esquon, Inc. RA08-0001 Road Abandonment (Vacation of a Public Right of Way) for Rancho Esquon,Inc. Assessor's Parcel Numbers 038-160-'034,.038-160-040,040-140-014,040-140- 015,040-140-020,040-140-021,040-140-031,and 040-140-066 I Project Description/Setting • The project would abandon(vacate)a public right of way on a portion of Esquon Road and all of Hamlin Road,which includes a 40-foot wide right of way for Hamlin Road and a varying right of way width(40 to 70 feet wide)for Esquon Road. • A public services easement would be reserved. • Two cul-de-sacs are proposed,one at the northerly terminus of the portion of Esquon Road to be abandoned(south of Hamlin Road),and one at the westerly terminus of Esquon(east of the Midway). • The length of the abandonment is approximately 4.65±miles. • 'Located on the south side of Durham Dayton Highway,east of the Midway, south and east of the community of Durham. 1 Road Abandonment • California Government Code•§65402 requires that the.proposed.Road Abandonment be presented to the Planning Commission to determine consistency with the General'Plan.A Finding of Consistency is required to comply with State statute. • The road abandonment requires approval liy the Board of Supervisors. • The proposed Road Abandonment is consistent with the General Plan Circulation Element and County Improvement•Standards. • Access easements for ingress and egress will be reserved for legal parcels not P� g g adjoining public roadways. Environmental Issues • This project has been determined to be categorically exempt from the requirements of the California Environmental'Quality Act under Section 15305(Minor Alterations in Land Use Limitations). This exerriptiod consists of minor alterations in land use limitations in areas with an average slope of less than 20%,which do not result in any changes in land use or density. 2 Road Abandonment Location Map i nwnaonmenr tocaunn AO.�gwn.n Lwvlm / J i Bb=COU?TY PLA"TLNG COdDIISSIOS y •4- sr ' QN�v��pDm:O.u4nY 160'J.G.GO.m E �:A-0AMYJ LL3v.4�.m�db: E b.'mbuw tmtdbm uivye+d r ' ®vC.ss6.�emLx tls.ebvcW:®d W - AmmhrtN\v0 1 NY: G{400 Cul-de-sac locations NOTE: V��l NOTE: y�y �wwnc����era JVL,JI L�nJI�-ly\ nn iv.t aar wt mamuv. (U�IL�\J'�•'Y\ "tCOttsb:V M:O:f P ao�rw��an io�y .ncr.�uo,o i m°O.ams wra Jnr�n�.0 vam v....®L wi vr:�rw PROJECT STE PROJE / o m� u 0 crv� EXHIBIT"B" � m•' EXHIBIT"B" for ro ACLO�ANT qAr ro s FEC tsaMrsM R oLscannar or uaa aoAo otarmwarior aoAo _ LYNG aI1N ���ti Lfer U� LYNf.MMM R qS W r M 6a1a1 RNIOq rrC[LGON F1N00 ^ r/W� fnl+tt 0'Burlf. SrAR M W60EnA ro o/wM GOIIMtY CI OVtM 7TAII V CA"" NorthStar NorthStar eaaaEEFwo ENG743EFM 3 f 1 x Cul-de-gac Diagrams ' a AREA (� T LEGEND aA-p-Lt ,.a ,mom, IEGLTlD EXHIBIT'B' ®„�'W.Y EXHIBIT'8' i41 TOAaDYPANY ,-••mW"o�re�i:.c PAT TO M PA - , AREA oCS"Mm a 00"RM aes _a Esouaq r a.s..v LM,O Yl,Yll Mc MTNN, na rauon uxao µ ED/Orm EQIVTY a BU1TE STATE CF C"oaA' NIIFTT a WnE• swc a CI rmm NorthStar .a. a�ya- A, Nora6ar ENWdM wo ,a Recommendations ' • Staff recommends that the.Planning Commission: • Find that the proposed Road Abandonment RA08-0001 is consistent with the Butte County General Plan. F N' 4 • Pagel of 2 Walker, Brett From: Edell, Stuart Sent: Wednesday, October 22, 2008 2:12 PM To: Wannenmacher, Felix; Walker, Brett Subject: RE: RA08-0001, Rancho Esquo Brett, my answer to the third question was incorrect Streets and Highways Code Section 8340 (b) reads as follows: i (b) A local agency may reserve and except from vacation an easement for a future street or highway, unless the local agency finds that the street or highway is unnecessary for prospective public use. From: Edell, Stuart Sent: Wednesday, October 22, 2008 1:50 PM To: Wannenmacher, Felix Subject: FW: RA08-0001, Rancho Esquon From: Edell, Stuart Sent: Wednesday, October 22, 2008 8:00 AM To: Walker, Brett; Schroth, Eric; Bridgnell, Bill Cc: Crump, Mike; Snellings, Tim. Subject: RE: RA08-0001, Rancho Esquon Responses below. From: Walker, Brett Sent: Tuesday, October 21, 2008 2:19 PM To: Edell, Stuart; Schroth, Eric; Bridgnell, Bill Subject: RA08-0001, Rancho Esquon Hello: I am following up on the Rancho Esquon project.I am currently working on the Staff Report for the November 13 Planning Commission hearing,and I have a couple of questions that Public Works can provide comment.Do I need to coordinate with some in Road Maintenance for question#2? 1. Is it possible for the Public Works Department to issue a permanent encroachment permit to the landowner, allowing the landowner to maintain the roadways without the requirement of obtaining and encroachment permit each time roadwork is performed? It is possible to enter into an Encroachment Agreement, or to issue annual Encroachment Permits to allow them to provide maintenance on our public roads. Maintenance standards and liability issues would need to be resolved prior to approval of the Agreement or issuance of the permit. 2. How much does the County spend on maintaining the roadways, and how often does the County perform maintenance of the roadways? Approximately $11,600 per year. Maintenance includes 10/22/2008 Page 2 of 2 roads and ditches. 3. Is it feasible and/or legal for the County to condition the Abandonment to allow the County to obtain, in the future, the right of way to be vacated without the granting of an entitlement, such as a Subdivision Map?This may be similar to an"offer of dedication"that is often a condition on tentative maps (I requested County Counsel to comment on this question also).The Map Act specifically allows offers of dedication to remain open and specifically states that a way to eliminate an offer is the vacation process through the Streets and Highways Code commencing with Section 8300. The vacation process allows us to reserve easements for public services as defined in SH Section 8306, however the purpose of a vacation is to get rid of the general public rights. You cannot get rid of them and retain them at the same time. 4. Should the County retain these rights of way for the future? If the Planning Commission determines the vacation request complies with the General Plan then the decision to vacate or retain these rights of way will be determined by the Board. Will these roads be critical for transportation/circulation in the future (I am addressing this via general plan circulation element policies, but any insight is appreciated)? All know routes that are critical for transportation/circulation should be identified in the General Plan. Stu—As a reminder, the Commission requested your presence at the next meeting.It may also be helpful to have someone familiar with Road Maintenance at the meeting. Thanks, Brett Walker Associate Planner,Planning Division Butte County Department of Development Services Email:jbwalker@buttecounty.net Ph.530-538-7470 Fax 530-538-7785 10/22/2008 °0 Tr 0Kl\ DeArtrne.nt of Pub * Works oC o u m y o f B u t t e 0 J. Michael Crump, Director LAND DEVELOPMENT DIVISION \ 0 0 7 County Center Drive ` cOU N- Stuart Edell, Deputy Director Oroville,CA 95965 All g (530) 538-7266 �Qk1c WORD (FAX)538-7171 September 19, 2008 James M. Gallagher Kelleher& Olivera Attorneys at Law P.O. Box 3382 Yuba City, CA 95991 Re: Vacation of a portion of Esquon Road and Hamlin Road, File 262.068, RA08-0001 Dear Mr. Gallagher: We have received notice of a proposed October 9, 2008, Planning Commission meeting to deterniine whether or not the proposed vacation is in conformance with the Butte County General Plan. We have also received a determination of value in the amount of$2,300.00 for the 0.46 acres of Esquon Road, owned in fee by the County. Assuming that the Planning Commission determines this proposed vacation is in conformance with the Butte County General Plan, there are several items that need to be addressed before we can recommend presentation to the Board of Supervisors with a Resolution of intent to vacate these roads. For ease of discussion the items are as follows: 1. Receipt of a deposit in of the amount of$2,300.00 the 0.46 acres of Esquon Road, owned in fee by the County. If the vacation is not approved by the Board of Supervisors this deposit will be refunded, otherwise it will be accepted upon recording of the Resolution to Vacate the proposed roadways. 2. We have prepared the attached Quit Claim Deed (Attachment 1) to convey this 0.46 acres of Esquon Road to the current property owner "Rancho Esquon Incorporated". Please confirm this is the correct title for the vesting ownership or provide us with the appropriate title. In order to record this deed we will need a recording fee in the amount of $11.00 and the attached "Preliminary Change of Ownership Report" (available on line at http://clerlc- recorder.buttecoun.ty.net/recorder/pdf/prelim owner rpt.pdf Attachment 2) filled out and signed by the owner. If the vacation is approved this deed will record after recordation of the Resolution to Vacate the proposed roadways. 3. You will need to prepare a Grant Deed or Deeds (deed) conveying the new cul-de-sacs to the County of Butte. This deed would need to be properly signed and.notarized, ready for recording. If the vacation is approved, this deed would record after recordation of the Resolution to Vacate the proposed roadways. If the vacation is not approved the deed would be returned. Esquon Road • • Page 2 of 2 September 19, 2008 4. We will need an Engineer's Estimate and bond to guarantee construction of the cul-de- sacs. Minimum structural section 8" class 2 aggregate based, 3/4" maximum grading, 95% relative compaction. Cul-de-sacs to have a minimum drivable road surface radius of 40' (80' minimum diameter). 5. Also please provide a separate check payable to the Butte County Recorder, in the amount of the current filing fee, for filing of the Notice of Exemption (NOE), if the vacation is approved. If the vacation is not approved this check will be returned to you. The filing fee on the date of this letter is $50.00. Once the above items have been addressed, if the Planning Commission recommends approval, the results of the Planning Commission Hearing, file information and Public Works recommendations will be sent to the Board of Supervisors with a Resolution of Intent to take an action setting a hearing date of not less than 15 days after the adoption of this Resolution. The public hearing on your request will commence on the date established by the adopted Resolution of Intent. At the conclusion of the hearing, if the Board of Supervisors adopts the Resolution of Vacating a portion of Esquon Road and Hamlin Road they will also cause it to be recorded along with the above referenced deeds. If you should have any questions concerning this matter, please contact this office Monday through Friday, 8:00 a.m. to 4:00 p.m. at (530) 538-7266. Sincerely, ,Z" &e Stuart Edell, P.E. Manager, Land Development Division Attachments cc: all w/attachments Mike Crump, Director of Public Works (File 262.068) Grant Hunsicker, Butte County Property Manager, 3A County Center Drive, Oroville,-CA 95965 Mike Mays, NorthStar Engineering, 111 Mission Ranch Blvd. Suite 100, Chico, CA 95973 Stacey Jolliffe, Principle Planner, Department of Development Services, 7 County Center Drive, Oroville, CA 95965 Ken Hoffman, P.O. Box 907, Concord, CA 94522 i � �uaa�u�����r t> �:. Road: Esquon Road Parcel: Rancho Esquon Inc. AP No: 038-160-040 (por.) Escrow No.: After recording Return To: County of Butte Department of Public Works 7 County Center Drive Oroville, CA 95965 Mail Tax Statements TO: Rancho Esquon Inc. P.O. Box 907 Concord, CA 94522-0907 "'X <� ITC L IM EE The undersigned Grantor Decla s the Do ument Tr sfer : $ , co puted on the full consideratio of the operty nve ed i the ncorporated ea of B to C nty. For value re eived County But Gr is to rich squ In rpor ed 1 that certain r 1 p pert si ate ii the inc orated ea f Co my of Butte, State of Ca ' ornia, more parte ul ly de cribed as follow : Comme ing a int et in a North terl direction m a t ri t angles to the centerline the am rack f 1e N ern El tri c Com any's ailwa at Station "D" 482; which said p ' t is 73 eet i a outh s rly di ti n fir the er of the east levee of Butte Creek, at he p int ere i ort t, lectri omp y's railway track crosses said levee, running fro sae oin f co m cem t i a port ste direction and at right angles to the centerline o he rthe El to Co any railr d 200 feet to the true point of beginning of this descr. tion; en e in a ou east ly di ion and parallel to the center line of the Northern Electric Coe an ' ailroa 435. feet, thence at right angles in a southwesterly direction 46 feet; thence at ' ht angles in a no terly direction 435.6 feet; thence at a right angle in a northeasterly direch n 46 feet to ie point of beginning; containing 0.460 acre, more or less. EXCEP'TE14G AND RESERVING REFROM, pursuant to the provisions of Section 8340 of the California Streets and Highways Code and for the benefit of Pacific Bell Telephone Company (dba AT&T California) and for the benefit of Pacific Gas and Electric Company, their heirs and assigns, a permanent public service easement and the right at anytime or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable wires, poles and other convenient structures equipment for the operation of telegraph and telephone lines and other communication facilities, electric lines and facilities, gas lines and facilities, including access for ingress and egress and the right to keep the property free from inflammable materials aria wood growth, and otherwise protect the same from all hazards, in, upon, over, under and across the portion of the herein described Esquon Road. The above described lands are to be combined with and become a part of those lands as described in the deed to Rancho Esquon Incorporated as filed for record in Butte County Official Records at Serial Number 2000-004922, and cannot be sold separately. No additional lots or parcels are created hereby. Grantor's Si ature(s): rt Josias en, air Butte County oar f Supervisors State of Cali ia, County o Butte, n , before m Notary Publi personally appe ed, C Jo ' ssen, who oved fine on the ba\sik of s isfactory evidence to be the pers s) w se n me s/are abs ibed o the within i tram t and ac l owle d to e th he/ e/the exe ited z ame 'n hi er/t eir authorized c acit 'es), 1d that by his er/t it sl atu (s) o the i stru e the rso s), o the entity upon eb of ich the person(s act , ex ut the i strum nt. I cert' un er NAL OF PERJUR under the laws of the to of alifornia that the foregoin ara aph true orrect. WITNESS m han nd o ficial ea Signature (Seal) juoLuqoejjV • .p5-502-A(FRONT)REV,10(3-07) -----� PRELIMINARY CHANGE OF OWNERSHIP REPORT FOR RECORDER'S USE ONLY f ITO be completed by transferee (buyer) prior to transfer of subject property in accordance with section 480.3 of the i Revenue and Taxation Code.) A Preliminary Change of Ownership Report must be filed with each conveyance in i I the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California. I THIS REPORT IS NOTA PUBLIC DOCUMENT I SELLER/TRANSFEROR: BUYER/TRANSFEREE: ASSESSOR'S PARCEL NUMBER(S) PROPERTYADDRESS OR LOCATION: MAIL TAX INFORMATION TO: Name1 Address i NOTICE: A lien for properly taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these tares is due November 1, and one-half is due February 1.The first installment becomes delinquent on December 10,and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record.You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the BUTTE COUNTY Assessor. For further information on your supplemental roll obligation, please call the BUTTE COUNTY Assessor at PART I:TRANSFER INFORMATION(please answer all questions) YES NO ❑ ❑ A. is this transfer solely between husband and wife(addition of a spouse,death of a spouse,divorce settlement,etc.)? ❑ R B. Is this.transaction only a correction of the name(s)of the person(s)holding title to the property(for example,a name change upon marriage)?Please explain----------------------------------------- ...--------------- ❑ E C. Is this document recorded to create,terminate,or reconvey a lender's interest in the property? ❑ El D. Is this transaction recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest(e.g., cosigner)?Please explain ❑ D E. Is this document recorded to substitute a trustee of a trust, mortgage,or other similar document? ❑ ❑ F. Did this transfer result in the creation of a joint tenancy in which the seller(transferor)remains as one of the joint tenants? ❑ ❑ G. Does this transfer return property to the person who created the joint tenancy(original transferor)? H. Is this a transfer of property: ❑ ❑ 1. to a revocable trust that may be revoked by the transferor and is for the benefit of the ❑transferor ❑transferor's spouse? ❑ ❑ 2. to a trust that may be revoked by the Creator/Grantor who is also a joint tenant,and which names the other joint tenent(s)as beneficiaries when the Creator/Grantor dies? ❑ ❑ 3. to an irrevocable trust for the benefit of the ❑Creator/Grantor and/or❑Grantor's spouse? ❑ ❑ 4, to an irrevocable trust from which the property reverts to the Creator/Grantor within 12 years? ❑ ❑ I. If this property is subject to a lease,is the remaining lease term 35 years or more including written options? ❑ ❑ *J. Is this a transfer between ❑ parent(s)and chiid(ren)? ❑ or from grandparent(s)to grandchild(ren)? ❑ ❑ *K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? ❑ Yes ❑ No ❑ ❑ *L. is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5? Within the same county? ❑ Yes ❑ No ❑ ❑ M. Is this transfer solely between domestic partners currently registered with the California Secretary of State? If you checked yes to J,K or L,you may qualify for a property tax reassessment exclusion,which may result in lower taxes on your property. If you do not file a claim,your property will be reassessed. Please provide any other information that will help the Assessor to understand the nature of the transfer. If the conveying document constitutes an exclusion from a change in ownership as defined in section 62 of the Revenue and Taxation Code for any reason other than those listed above,set forth the specific exclusions claimed: _ ..._.__.._...__ ._._....___.__...____.__—____......____ Please answer all questions in each section.if a question does not apply,indicate with"N/A."Sign and date at bottom of second page. PART It:OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date B. Type of transfer (please check'appropriate box): ❑ Purchase ❑ Foreclosure ❑ Gift ❑ Trade or Exchange ❑ Merger, Stock, or Partnership Acquisition ❑ Contract of Sale—Date of Contract ❑ Inheritance—Date of Death .._______..________._____________ ❑ Other(please explain):.__._________.--_—_._______.__ ❑ Creation of Lease ❑ Assignment of a Lease ❑ Termination of a Lease ❑ Sale/Leaseback 01 Date lease began Original term in years(including written options) ........._..._..__.......__.............._..........._.._................._... ._...............__....__....._._.._..__....--.--.._-..._-..._..-.-_---._.__..._-.----.__._.-._. 0 Remaining term in years(including written options) .............................................. ....... ... .. .. ..... ... _........-..._.._..._... MonthlyPayment. ..__.._....._...._...._...__._.._...._._..............................__._...._...._..._ Remaining Term_..._.__..._...-......_...._...._.-_.._.__......__.._..._..----...----.-.-_-----_..__.....-_-.-. C. Was only a partial interest in the property transferred? ❑ Yes ❑ No If yes, indicate the percentage transferred...._.....__-_....._._............_.._..._._._.._____.___.__.__..-..._.__...._.._._.%. -.30E-502-A BACK REV.10 8-07 Please(write Assessor's Parcel Number(s): .._—...-.__._..__._ .__...._.....__.-.._.._______.—..__...........___.._..._..__._._._._._ ._ _..._ ._. _._.. Please answer,to the best of your knowledge,all applicable questions,then sign and date.If a question does not apply,indicate with"N/A." PART[it: PURCHASE PRICE AND TERMS OF SALE A, CASH DOWN PAYMENT OR value of trade or exchange(excluding closing costs) Amount S B, FIRST DEED OF TRUST @ %interest for years.Pymts./Ivlo.=S (Prin.&Int.only) Amount$ ❑ FHA( Discount Points) ❑ Fixed rate �❑ New loan ❑ Conventional ❑ Variable rate ❑Assumed existing loan balance ❑ VA( Discount Points) ❑All inclusive D.T.($ Wrapped) ❑ Bank or savings&loan Cal-Vet ❑ Loan carried by seller ❑ Finance company Balloon payment ❑ Yes ❑ No Due Date Amount$ C. SECOND DEED OF 1-RUST @ %interest for years.Pymts./Mo.=S (Prin.&Int.only) Amount ❑ Bank or savings&loan ❑ Fixed rate — ew loan ❑ Loan carried by seller ❑ Variable rate ❑Assumed existing loan balance Balloon payment ❑ Yes ❑ No Due Date Amount$ D, OTHER FINANCING:Is other financing involved not covered in(b)or(c)above? ❑Yes ❑ No Amount$ Type @__— %interest for years.Pylnts.lMo.=$ (Prin.&Int.only) ❑ Bank or savings&loan ❑ Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable rate ❑Assumed existing loan balance Balloon payment ❑ Yes ❑ No Due Date Amount$ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes ❑ No Outstanding Balance: Amount$ F. TOTAL PURCHASE PRICE(or acquisition price,if traded or exchanged,include real estate commission if paid) TOTAL ITEMS A THROUGH E S G. PROPERTY PURCHASED ❑ Through a broker ❑ Direct from seller ❑ From a family member ❑ Other(please explain): If purchased through a broker,provide broker's name and phone number._____—_.___.._.____....._._._._____..._._____................—.___.___._.___.—_.__.._...__..__...____._._.._.—_.....__.... Please explain any special terms,seller concessions,or financing and any other information that would help the Assessor understand the purchase price and terms of sale:- ----— _ -----...---------.—_.— _----------------_------ ------—_ _ —---- PART IV:PROPERTY INFORMATION A. TYPE OF PROPERTY TRANSFERRED: ❑ Single-family residence ❑Agricultural ❑ Timeshare Multiple-family residence(no.of units: ) ❑Co-oplOwn-your-own ❑ Manufactured home ❑ Commercial/Industrial ❑ Condominium ❑ Unimproved lot ❑ Other(Description:i.e.,timber,mineral,water rights,etc. ) B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑ Yes ❑ No If yes,enter date of occupancy 20—_--._ or intended occupancy_.--_—.___ /.._—._--__.__.-.,20...... (month.) tday) (yea,) (mcn(h) (day) (year) C. IS PERSONAL/BUSINESS PROPERTY INCLUDED IN PURCHASE PRICE(i.e.,furniture,farm equipment,machinery,etc.) (other than a manufactured home subject to local property tax)? ❑ Yes ❑ No If yes,enter the value of the personal/business property included in the purchase price$ (Must attach itemized list.) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes ❑ No If yes,how much of the purchase price is allocated to the manufactured home? Is the manufactured home subject to local property tax? ❑ Yes ❑ No What is the decal number?...._._—`..___.__.____._—.._______.—.____—.—_ E. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ❑ No If yes,is the income from: ❑ Lease/Rent ❑ Contract ❑ Mineral rights ❑ Other(please explain):F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? ❑ Good ❑Average ❑ Fair ❑ Poor Please explain the physical condition of the property and provide any other information(such as restrictions,etc.)that would assist the Assessor in determining the value of the property: CERTIFICATION OWNERSHIP TYPE(0) Proprietorship O I certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Partnership n This declaration is binding on each and every co-owner and/or partner. Corporation 7 Other F1AtJ:E CF NEW CVdNER/CCRPCRATE OFFICER TITLE SIGNATURE OF FJf_\WOv:IJE.R/CCRPORsaTE URFIGER 17iaTE __._._..__.---'------`--.._.....__.___...---........_......__....---.._____.,..._...__._........_.... .._.._..____...._.._..__..._._._.._..._..---...__._....--._..._........_._"-`--_.. .....__........._.._.._.-'--'---'-'-.-_._.................... -'---._..._-.._.....------ t PJ.vM14E CF E(JTITY(ry�xd wprin!edJ :rfuCRkL EA1PlCYER IJ NUFAar-R _..-._._.__..__.._. .._........__..__.............._.._....-_......_......._.._...._..___,._........__..-..._....._. ......__._....._.__.__..._._.___.._._.____._...__.__._.._..._._......L-. _.___......_._..._................._._..,__.........._...._..... ...... ....._.-..._.._...__.. H�DP.f_S$(typrd mPiiNrr!J i PIdONE NUh9a%R(8 a m.- p.m j i-MAIL.AriDRESS(up(irn:aJ) 1 - ------ - - _ -- ----..._.._..------------.._..-------J------- ------- -- --------- --_- -----_ _._._... ------ (Note:The Assessor may contact you for additional information.) If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report,the recorder may charge an additional recording fee of twenty dollars($20). _ ; • • O�QPSTMENT Or 6UrTF \ oo� INTER-DEPARTMENTAL MEMORANDUM 0 0 0 PUBLIC WORKS DEPARTMENT 0 0 / cOUNI 5 Uc WOP� TO: TIM SNELLINGS,DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION PUBLIC WORKS SUBJECT: PROPOSED VACATION OF A PORTION OF ESQUON ROAD AND HAMLIN ROAD, ABN NO. 262.068, AP 038-160-034, 040 & 997, 040-140-014, 015, 020, 031 & 066 DATE: AUGUST 28, 2008 Abandonment has historically been used to describe the process used to vacate public interest in an existing road right of way or utility easement. The vacation pr9cess, as setforth in the California Streets and Highways Code, is used to vacate, or as commonly known abandon, portions of public rights of way. (roads, public utility easements, public service easements, drainage easements, etc.) which are no longer necessary for public purposes. The attached plats and legal descriptions replace those submitted to your office April 28, 2008. Please note that in addition to the reservation to a public services easement for the utilities, we are requesting the following ingress and egress reservation for the existing lots owned by Rancho Esquon: "ALSO EXCEPTING AND RESERVING THEREFROM, pursuant to the provisions of Section 8340 of the California Streets and Highways Code and for the benefit of the adjoining properties, currently under the ownership of Rancho Esquon Inc., the rights of ingress and egress, in, upon, over, under and across the portion of the herein described Esquon Road and that portion of Hamlin Road abutting lots 33A and 41, or any parts or portions thereof, as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records." We have also had a request that the property owner, Ken Hoffman, P.O. Box 907, Concord, CA 94522, be notified of the Planning Commission hearing. Please have the proposed vacation submitted to the Planning Commission at the earliest opportunity, to be considered in regard to the findings that the project is categorically exempt from environmental review and the proposed vacation is in conformance with the Butte County. Esquon Vacation Page 2 of 2 August 28, 2008 General Plan. . Following Planning Commission action our department will further process the vacation and will take it forward to the Board of Supervisors. Please advise us of the schedule of processing by your department and provide us a copy of the Agenda and Planning Commission minutes documenting the Commission's action. All correspondence should be addressed to Stuart Edell, Manager, Land Development Division, Butte County Public Works, 7 County Center Drive, Oroville, CA 95965. If additional information is required, please contact me at your convenience. Attachments cc: all w/attachments Mike Crump, Director of Public Works (File 262.068) James M. Gallagher, Kelleher&Olivera Law Offices, P.O. Box 3382, Yuba City, CA 95991 : • • EXHIBIT "A" LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF ESQUON ROAD AND HAMLIN ROAD All that real property situate in the County of Butte, State of California, being a portion of the Rancho Esquon and described as follows: Esquon Road A portion of Esquon Road, a public right of way of varying widths, being more particularly described as follows: Beginning at the intersection of Esquon Road with the easterly line of the Southern Pacific Railroad right of way, as said right of way is shown on that certain map entitled Right of Way and Track Map Main Line Southern Pacific Company,page V-115/17, said map being on file with the Union Pacific Railroad; Thence.along Esquon Road in a general northeasterly, southeasterly, northeasterly and northerly direction to the most northerly corner of Lot 35A, as said Lot is shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records. EXCEPTING THEREFROM any portion thereof lying within the following described real property: Beginning at the most northerly corner of Lot 35A as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records, said point being on the centerline of Esquon Road, a 70 foot wide public right of way, as shown on said map; Thence leaving said centerline of Esquon Road at a right angle, East 35.00 feet to the east line of said Esquon Road; Thence along said east line of Esquon Road, South 57.45 feet to the beginning of a curve concave to the northeast having a radius of 50.00 feet; Thence southerly, westerly and northerly 205.21 feet along the last said curve through a central angle of 235009'00" to the beginning of a reverse curve concave to the northwest' having a radius of 20.00 feet; EXHIBIT"A" Page 1 of 3 Thence northeasterly 19.25 feet along the last said curve through a central angle of 55°09'00" to a point of tangency with the west line of said Esquon Road; Thence leaving said west line of Esquon Road, East 35.00 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM any portion thereof lying within the following described real property: Beginning at a point on the easterly line of the Southern Pacific Railroad right of way, as said right of way is shown on that certain map entitled Right of Way and Track Map Main Line Southern Pacific Company, page V-115/17, said map being on file with the Union Pacific Railroad, said point bears along said line South 16°04'00" East 3535.0 feet from the intersection of said line with the westerly line of the Rancho Esquon; Thence along said easterly line of the Southern Pacific Railroad right of way, South 16°04'00"East 36.85 feet; Thence leaving said easterly line, North 38°26'00"East 153.58 feet to the beginning of a curve concave to the southeast having a radius of 20.00 feet; Thence northeasterly 22.56 feet along said curve through a central angle of 64°37'23"to the beginning of a reverse curve concave to the southwest having a radius of 50.00 feet; Thence easterly, northerly, westerly and southwesterly 213.47 feet along the last said curve through a central angle of 244°37'23"; Thence South 38026'00" West 174.03 feet to said easterly line of the Southern Pacific Railroad right of way; Thence along said easterly line, South 16°04'00" East 36.85 feet to the Point of Beginning. ALSO EXCEPTING AND RESERVING THEREFROM, pursuant to the provisions of Section 8340 of the California Streets and Highways Code and for the benefit of Pacific Bell Telephone Company(dba AT&T California) and for the benefit of Pacific Gas and Electric Company, their heirs and assigns, a permanent public service easement and the right at anytime or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable wires, poles and other convenient structures equipment for the operation of telegraph and telephone lines and other communication facilities, electric lines and facilities, gas lines and facilities, including access for ingress and egress and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over, under and across the portion of the herein described Esquon Road. EXHIBIT"A" Page 2 of 3 Hamlin Road Hamlin Road, being a 40 foot wide public right of way, as shown on that certain map entitled Subdivisional Planof the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records. LAND SG No. 6967 Date: 2l0-O$ Northstar Engineeri Michael L. Mays, LS 6967 *, EXP. 09/30/09 9 � T � F OF CO �F A�- EXHIBIT"A" Page 3 of 3 EXHIBIT "A" LEGAL DESCRIPTION FOR ESQUON ROAD (South Cul-de-sac) All that real property situate in the County of Butte, State of California, being a portion of the Rancho Esquon and described as follows: Beginning at a point on the easterly line of the Southern Pacific Railroad right of way, as said right of way is shown on that certain map entitled Right of Way and Track Map Main Line Southern Pacific Company, page V-115/17, said map being on file with the Union Pacific Railroad, said point bears along said line South 16°04'00"East 3535.0 feet from the intersection of said line with the westerly line of the Rancho Esquon; Thence along said easterly line of the Southern Pacific Railroad right.of way, South 16°04'00"East 36.85 feet; Thence leaving said easterly line,North 38°26'00"East 153.58 feet to the beginning of a curve concave to the southeast having a radius of 20.00 feet; Thence northeasterly 22.56 feet along said curve through a central angle of 64037'23"to the beginning of a reverse curve concave to the southwest having a radius of 50.00 feet; Thence easterly, northerly, westerly and southwesterly 213.47 feet along the last said curve through a central angle of 244°37'23"; Thence South 38°26'00"West 174.03 feet to said easterly line of the Southern Pacific Railroad right of way; Thence along said easterly line, South 16604'00" East 36.85 feet to the Point of Beginning. Containing 17,153 square feet, more or less. k-AND S� p,EL L. No. 6967 Date: w•� '48 Northstar Engineerini Michael L. Mays, LS 6967 *, EXP. 09/30/09 �,9TF OF APN: 070-130-040 EXHIBIT"A" Page 1 of 1 NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. n DURHAM—DAYTON HIGHWAY STUART EDELL RCE 29132 0 BUTTE COUNTY DEPUTY SURVEYOR o REGISTRATION EXPIRES 3/31/09 HAMLIN 0 Q O l9 9� c^y �O Q.r9p jyc^,p ti PROJEC SITE o SAND S� EL C. 'QL NO. PLS 6967 9TH, -9/301'� °FcA�`F� EXHIBIT "B" PLAT TO ACCOMPANY DESCRIPTION OF ESQUON ROAD RTHSTAR ENGIN,ORING LYING WITHIN MICHAEL L. MAYS, PLS 6967 THE ESQUON RANCHO EXP 9/30/09 COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS • PLANNERS • SURVEYORS A'^ A' C {p� 111 MISSION RANCH BLVD. SUITE 100 • CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 1 OF 2 JUNE 2008 JOB NO. 08-024 JOS �O G SCALE: 1" = 50' OF Q<) rn , �O 50RADIUS O / G / \ H-�,OF,WP� R1 �, ^� R P1�R0 FOQi 'o. 17'0111)- Opo o°Al Z Ljn POB AREA \ N CUL-DE-SAC 17,1531 SF LINE TABLE I LINE BEARING DISTANCE ` L1 N16'04'00"W 36.85' y \ L2 N16'04'00"W 36.85' L3 S51*34'00"E 20.00' � O a 5� CURVE TABLE CURVE RADIUS DELTA ILENGTH C1 20.00' 64'37'23" 22.56' LEGEND C2 50.00' 244.37'23" 213.47' PROJECT BOUNDARY EXISTING RIGHT-OF-WAY 040-140-015 ASSESSOR'S PARCEL EXHIBIT "p" NUMBER C 1� 0 CALCULATED POINT PLAT TO ACCOMPANY POB POINT OF BEGINNING DESCRIPTION OF ESQUON ROAD /E//ZM ESQUON ROAD TO BE LYING WITHIN ABANDONED BY SEPARATE THE ESQUON RANCHO INSTRUMENT COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS . PLANNERS • SURVEYORS 111 MISSION RANCH BLVD. SUITE 100 ` CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 2 OF 2 JUNE 2008 JOB N0. 08-024 EXHIBIT "A" LEGAL DESCRIPTION FOR ESQUON ROAD (North Cul-de-sac) All that real property situate in the County of Butte, State of California,being a portion of the Rancho Esquon and described as follows: Beginning at the most northerly corner of Lot 35A as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records, said point being on the centerline of Esquon Road, a 70 foot wide public right of way, as shown on said map; Thence leaving said centerline of Esquon Road at a right angle, East 35.00 feet to the east line of said Esquon Road; Thence along said east line of Esquon Road, South 57.45 feet to the beginning of a curve concave to the northeast having a radius of 50.00 feet; Thence southerly, westerly and northerly 205.21 feet along the last said curve through a central angle of 235°09'00"to the beginning of a reverse curve concave to the northwest having a radius of 20.00 feet; I Thence northeasterly 19.25 feet along the last said curve through a central angle of 55°09'00" to a point of tangency with the west line of said Esquon Road; Thence leaving said west line of Esquon Road, East 35.00 feet to the Point of Beginning. Containing 8,959 square feet, more or less. j The basis of bearings is the same as that shown on said map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records. �Q SAND SL p,EL C. ALF ` No. 6967 Date: Northstar Engmee ng Michael L. Mays, LS 6967 *, EXP. 09/30!09 I � qTF OF APN: 070-130-040 EXHIBIT"A" Page 1 of 1 � s NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. n DURHAM-DAYTON HIGHWAY STUART EDELL RCE 29132 0 BUTTE COUNTY DEPUTY SURVEYOR o REGISTRATION EXPIRES 3/31/09 HAMLIN PROJECT ® SITE 0 a 0 cr l9 off, C"Z to Jp? ZO'P . gyp ly�Z Z �O 90 O SAND PEL NO. PLS 6967 9� 9/301 F°FCA�-`F� EXHIBIT "B" PLAT TO ACCOMPANY DESCRIPTION OF ESQUON ROAD LYING WITHIN NORTHSTAR ENGIN RING THE ESQUON RANCHO MICHAEL L. MAYS, PLS 6967 EXP 9/30/09 COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStar CIVIL ENGINEERS • PLANNERS • SURVEYORS A'^ A GINEERCp A' 111 MISSION RANCH BLVD. SUITE 10D • CHICO. CALIFORNIA 95926 ENING (530) 893-1600 FAX (530) 893-2113 SHEET 1 OF 2 JUNE 2008 JOB NO. 08-024 SCALE: 1" = 50' o 0 HA LM IN/OR AD� z 0 c� w LINE TABLE LINE BEARING DISTANCE M L1 N90'00'00"E 35.00' co L2 N90'00'00"E 35.00' L3 N90'00'00"W 15.00' 038-140-038 LOT 40 CURVE TABLE X CURVE RADIUS DELTA LENGTH o Cl 20.00' 55'09'00" 19.25' z C2 50.00' 235'09'00" 205.21' 70' 038-160-040 LOT 33A L1 L2 038-140-033 G, LEGEND LOT 40 z 1 F- 0r v PROJECT BOUNDARY z i ,� r p EXISTING RIGHT-OF-WAY `n z AND PARCEL LINES 040-140-015 ASSESSOR'S PARCEL L3 NUMBER moo, o CALCULATED POINT POB POINT OF BEGINNING r/7-/ZM/Z ! a ROAD PO BE A ANDONENTEDBY D C LOT NUMBER PER LOT 35A DURHAM STATE LAND 038-160-031 SETTLEMENT, 8 M 16-18 LOT 35A EXHIBIT "B" AREA PLAT TO ACCOMPANY DESCRIPTION OF ESQUON ROAD CUL-DE-SAC 8,959± SF LYING WITHIN THE ESQUON RANCHO COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS ' PLANNERS = SURVEYORS 111 MISSION RANCH BLVD. SUITE 100 • CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 2 OF 2 JUNE 2008 JOB NO. 08-024 O' -0 OL O�QPATMENr Ow �OTTF BUTTE w o o COUNTY o INTER-DEPARTMENTAL MEMORANWNz i2a o � .o PUBLIC WORKS DEPARTMENT DEVELOPMENT 0 0 SERVICESAcDLlimI ('QUc WOP� TO: TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES FROM: STUART EDELL,MANAGER, LAND DEVELOPMENT DIVISION PUBLIC WORKS SUBJECT: PROPOSED VACATION OF A PORTION OF ESQUON ROAD AND HAMLIN ROAD,ABN NO. 262.0681 AP 038-160-034, 040 & 997, 040-140-014, 015, 020, 031 & 066 DATE: APRIL 28, 2008 Abandonment has historically been used to describe the process used to vacate public interest in an existing road right of way or utility easement. The vacation process, as setforth in the California Streets and Highways Code, is used to abandon or vacate portions of public rights of way (roads, public utility easements, public service easements, drainage easements, etc.) which are no longer necessary for public purposes. Attached for your staff's review and action by the Planning Commission, are request for vacation, descriptions, copy of the petition for vacation of a portion of Esquon Road and Hamlin Road, signed by at.least 10 freeholders, along with plats delineating the subject area, and copies of the letters from the utilities. The $3,087.40 abandonment processing fee has been paid. Note that there is a public services easement reservation for utilities within the Esquon Road vacation. A portion of the Esquon Road right of way.is owned in fee and a deposit for purchase will be necessary prior to our requesting consideration by the Board of Supervisors. Also for public safety we are requiring construction of a cul-de-sac on the County maintained Esquon Road adjacent to each end of the proposed vacation portion, copies of the proposed cul-de-sac location plats are included for your review. These items should not affect the Planning Commission review or decision pursuant to Government Code Section 65402. The Department of Public Works has no objection to the proposed vacation, provided the cul-de-sacs are deeded and constructed and the fee owned portion of Esquon Road is purcharsed. Please have the proposed vacation submitted to the Planning Commission at the earliest opportunity, to be considered in regard to the findings that the project is categorically exempt from environmental review and the proposed vacation is in conformance with the Butte County General Plan. Following Planning Commission action our department will further process the vacation and will take it forward to the Board of Supervisors. i —� 1,+. � .� r, ;a ti� �r�; i» :fit,} Vacation Esquon Road and Hamlin Road Page 2 of 2 April 28, 2008 Please advise us of the schedule of processing by your department and provide us a copy of the Agenda and Planning Commission minutes documenting the Commission's action. All correspondence should be addressed to Stuart Edell, Manager, Land Development Division, Butte County Public Works, 7 County Center Drive, Oroville, CA 95965. If additional information is required,please contact me at your convenience. Attachments cc: all w/attachments Mike Crump, Director of Public Works (File 262.068) James M. Gallagher, Kelleher& Olivera Law Offices, P.O. Box 3382, Yuba City, CA 95991 ®��it ok- Department of Public Works ® = ® C o u m y o f B u t t e A O \ ® ® J. Michael Crump, Director LAND DEVELOPMENT DIVISION \ A ® _ 7 County Center Drive oov N-\ Stuart Edell, Deputy Director Oroville,CA 95965 Ao y (530)538-7266 �QCIC WO�� (FAX)538-7171 April 28, 2008 James M. Gallagher Kelleher & Olivera Attorneys at Law P.O. Box 3382 Yuba City, CA 95991 Re: Vacation of a portion of Esquon Road and Hamlin Road Dear Mr. Gallagher: In the process of reviewing your application, we have requested NorthStar Engineering to make changes .to the exhibit maps and. legal descriptions to clarify your intent for this vacation. These revised documents are attached for your review. In conformance with the provisions of the Government Code, as shown in the attached Memorandum (Attachment 1), we have requested that the Department of Development Services start the process for Planning Commission review for compliance with the General Plan. You will be notified, by the Department of Development Services, as to the time and-date this project will be considered by the Planning Commission. We have also requested a determination of value for the 0.46 acres of Esquon Road, owned in.fee by the County. Assuming that the Planning Commission determines this proposed vacation is in conformance with the Butte County General Plan, there are several items that need to be addressed before we can recommend presentation to the Board of Supervisors with a Resolution of intent to vacate these roads. For ease of discussion the items are as follows: 1. Receipt of a deposit in an amount Esquon equal to the estimated value of the 0.46 acres of P P q Road, owned in fee by the County. We will notify you of the value as soon as possible. If the vacation is not approved by the Board of Supervisors this deposit will be refunded, otherwise it will be accepted upon recording of the Resolution to Vacate the proposed roadways. 2. We have prepared the attached Quit Claim Deed (Attachment 2)to convey this 0.46 acres of Esquon Road to the current property owner "Rancho Esquon Incorporated". Please confirm this is the correct title for the vesting ownership or provide us with the appropriate title. In order to record this deed we will need a recording fee in the amount of $11.00 and the attached "Preliminary Change of Ownership Report" (available on line at h.ttp://clerk- recorder.buttecounty.net/recorder/pdf/prelim owner rpt.pdf Attachment 3) filled out and signed by the owner. 3. You will need to prepare a Grant Deed or Deeds (deed) conveying the new cul-de-sacs to the County of Butte. This deed would need to be properly signed and notarized, ready.for i 1 r - i Esquon Road Page 2 of 2 April 28, 2008 recording. If the vacation is approved, this deed would record after recordation of the Resolution to Vacate the proposed roadways. If the vacation is not approved the deed would be returned. 4. We will need an Engineer's Estimate and bond to guarantee construction of the cul-de- sacs. Minimum structural section 8" class 2 aggregate based, 3/4" maximum grading, 95% relative compaction. Cul-de-sacs to have a minimum drivable road surface radius of 40' (80' minimum diameter). Once the above items have been addressed, if the Planning Commission recommends approval, the results of the Planning Commission Hearing, file information and Public Works recommendations will .be sent to the Board of Supervisors with a Resolution of Intent to take an action setting a hearing date of not less than 15 days after the adoption of this Resolution. The public hearing on your request will commence on the date established by the adopted.Resolution of Intent. At the conclusion of the hearing, if the Board of Supervisors adopts the Resolution of Vacating a portion of Esquon Road and Hamlin Road they will also cause it to be recorded. Typically the public hearing process through the Planning Commission and Board of Supervisors is completed within 90 to 120 days after your application is deemed complete. Under separate cover we have sent your clients receipts for their processing fee checks #9116 and 9117 in the amounts of $2,930.00 and $500.00 respectively. They picked up the receipt for the $157.40 publishing fee separately. If you should have any questions concerning this matter,please contact this office Monday through Friday, 8:00 a.m. to 4:00 p.m. at(530) 538-7266. Sincerely, Stuart Edell, P.E. Manager, Land Development Division Attachments cc: all w/attachments Mike Crump, Director of Public Works (File 262.068) Grant Hunsicker, Butte County Property Manager, 3A County Center Drive, Oroville, CA 95965 Mike Mays,NorthStar Engineering, 111 Mission Ranch Blvd. Suite 100, Chico, CA 95973 Stacey Jolliffe, Principle Planner, Department of Development Services, 7 County Center Drive, Oroville, CA 95965 j IuaWuOL��� ROAD VACATION APPLICATION: ESOUON & HAMLIN ROADS Butte County, CA Applicant: Rancho Esquon, Inc. Law Offices of Kelleher & Olivera, LLP 545 Forbes Ave. Yuba City, CA 95991 L-AW OFFICES FFICES or ® LIVE RqKELLE - ER A LIMITED !IABILITY PARTNERSHIP TIM KELLEHER ELIZABETH UFKES OLIVERA RICE LAWYER, INC. ATTORNEY AT LAW P.O. Box 3382 P.O. Box 135 1 545 FORBES AVENUE - 659 JAY STREET YUBA CITY,CALIFORNIA 9599 1 COLUSA. CALIFORNIA 95932 PHONE: (530) 75 1-9730 PHONE: (530) 458-2371 FAX: (530) 75 1-9449 FAX: (530)458-4800 E-MAIL: RICELAWYER@SBCGLOBA.L.NET E-MAIL: EUOLIVERACISYIX.COM Please reply to the Yuba City Office Tuesday, March 25, 2008 VIA U. S. POST Stuart Edell Butte County Public Works 7 County Center Dr. Oroville, CA 95965 Reference: Esquon & Hamlin Rd. Vacation Stuart: Enclosed please find Rancho Esquon, Inc.'s application to vacate Hamlin Road and a portion of Esquon Road in Butte County. In this packet please find the following documents in support of the vacation application: 1. A Legal Description of the Roads to be Vacated 2. Plat Maps depicting the Roads to be Vacated 3. Plat Maps depicting the Cul-de-sacs to be created on the north and south side of the vacated portion of Esquon Road. 4. Letter from Don Chambers, Land Agent for Pacific Gas &Electric, expressing no objection to the proposed vacation so long as rights of way are reserved. 5. Letter from Bruce McPhee,Public Works Manager for AT&T, stating no objection to the proposed vacation so long as rights of way are reserved. 6. Completed Petition for Vacation of Public Highway 7. A check payable to Butte County in the amount of$2,930.00 for the application fee and a check payable to the Butte County Recorder in the amount of$50.00 for the filing of the Notice of Exemption. 8. A check payable to Butte County in the amount of$500.00 as a deposit on any appraisal that may be necessary. ' FA\T M\Tim's nncumentsUients\Rancho Esquon,Inc\Esquon Road Vacation\Ltr.to Public Works re summary vacation.doc KELLEHER&OLIVERA,LLP Page 2 of 3 The following is a summary of the proposed vacation, a discussion of how each required element has been met and a request for summary vacation: Description of Vacation: As previously discussed, all of Hamlin Road would be vacated and Esquon Road would be vacated from a point just east of the Southern Pacific railway to a point 700 feet south of Esquon Road's intersection with Hamlin. Gates and turnarounds would be constructed on each side of the vacated portion of Esquon Road. Please see the attached legal description and plat maps prepared by North Star Engineering for a more detailed description of the proposed vacation. Legal Access to Parcels: As modified, the proposed vacation of Esquon Road would only result in one property being deprived of legal access, that of Pacific Gas &Electric (AP 038-160-034). Pacific Gas & Electric has been informed of the proposed vacation and has no objection so long as rights of way are reserved for their use in the Resolution of Abandonment issued by the county. A copy of a letter that was mailed to Public Works on March 4, 2008 by Donald Chambers of PG&E is attached to this application. Utilities As mentioned above, PG&E has no objection to the proposed vacation so long as rights of ingress and egress are reserved. The only.other utility that would be affected by the road vacation is AT&T. Attached to the application please find a letter from AT&T expressing that they will not object to the proposed vacation so long as specific language is inserted into the Resolution of Abandonment reserving the utility a permanent easement. Fee Ownership: In a December 5, 2007 letter you brought to Rancho Esquon's attention two deeds (Book 1538 OR Pages 7-10 and Book 1538 OR Pages 14-15)which appear to grant Butte County fee title to a portion of Esquon.Road that crosses the old Sacramento Northern Railroad. It appears that this deed granted approximately 0.460 acres to the county in fee simple. Rancho Esquon is prepared to pay Butte County for the appraised value of the 0.460 acres upon vacation of the highway. Please find with this application a$500.00 check as a deposit for the appraisal. Our search of the records shows that Butte County maintains only a"right of way" interest in the remainder of Esquon Road and Hamlin Road and therefore no further appraisal or payment will be necessary in vacating the roads. Summary Vacation: At this time,Rancho Esquon, Inc. would also request that this project be considered for summary vacation procedures under Streets &Highways Code § 8330(a). Rancho Esquon believes this project is eligible for summary vacation for the following reasons: 1. Though the road has not been impassable for 5 consecutive years, it does not appear that the county has expended any public money for maintenance of the road in the last 5 years. S&H Code §8331. 2. The public right-of-way has become an excess. The public, if it uses Esquon Road at all, uses it as a place to dump unwanted debris. The road is not a necessary thoroughfare for the citizens of the county. S&H Code §8334(a). 1 tr to Puhlir Wnrkc re cnmmary winatinn.doC KELLEHER&OLIVERA,LLP Page 3 of 3 3. The portion of Esquon Road that would be vacated lies within property under one ownership, with the exception of the PG&E property which would be accessible through a reserved right of way. S&H Code §8334(b). 4. Though there is an existing public utility facility owned by PG&E that lies along the proposed vacation, it will not be affected so long as rights of way are reserved for their use. S&H Code §8334.5 5. No existing.public service easements will be terminated as all existing utilities will have rights of way reserved for their use. Please let us know if you.require any further documentation in support of the application. Thank you for your attention to this matter. AAME tfully, GALLAGHER Attorney-at-Law JMG/jmg cc: Rick Ponciano Ken Hofmann T tr to Pnhlir.Warks re summary vacation.doc EXHIBIT "A" LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF ESQUON ROAD AND HAMLIN ROAD All that real property situate in the County of Butte, State of California, being a portion of the Rancho Esquon and described as follows: Esquon Road A portion of Esquon Road, a public right of way of varying widths, being more particularly described as follows: Beginning at the intersection of Esquon Road with the easterly line of the Southern Pacific Railroad right of way, as said right of way is shown on that certain map entitled Right of Way and Track Map Main Line Southern Pacific Company, page V-115/17, said map being on file with the Union Pacific Railroad; Thence along Esquon Road ina general northeasterly, southeasterly, northeasterly and , northerly direction to the most northerly corner of Lot 35A, as said Lot is shown`on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records. EXCEPTING THEREFROM any portion thereof lying within the following described real property: Beginning at the most northerly corner of Lot 35A as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18,Butte County Records, said point being on the centerline of Esquon Road, a 70 foot wide public right of way, as shown on said map; Thence leaving said centerline of Esquon Road at a right angle, West 35.00 feet to the west line of Esquon Road and the beginning of a curve concave to the northwest having a radius of 20.00 feet; Thence from a tangent line bearing South, southwesterly 13.34 feet along said curve through a central angle of 38°12'48"to the beginning of a reverse curve concave to the north having a radius of 50.00 feet; Thence southerly, easterly and northerly 223.77 feet along the last said curve through a central angle of 256°25'35"to the beginning of a reverse curve concave to the northeast having a radius of 20.00 feet; EXHIBIT "A" Page 1 of 3 Thence northwesterly 13.34 feet along the last said curve through a central angle of 38'12'48"to a point of tangency with the east line of said Esquon Road; Thence leaving said east line of Esquon Road, West 35.00 feet to the Point of Beginning. ALSO EXCEPTING THEREFROM any portion thereof lying within the following described real property: Beginning at a point on the easterly line of the Southern Pacific Railroad right of way,.as said right of way is shown on that certain map entitled Right of Way and Track Map Main Line Southern Pacific Company, page V-115/17, said map being on file with the Union Pacific Railroad, said point bears along said line South 16°04'00"East 3535.0 feet from the intersection of said line with the westerly line of the Rancho Esquon; l Thence along said easterly line of the Southern Pacific Railroad right of way, South 16°04'00"East 36.85 feet; Thence leaving said easterly line,North 38°26'00"East 42.80 feet to the beginning of a curve concave to the southeast having a radius of 20.00 feet; Thence northeasterly 15.50 feet along said curve through a central angle of 44°24'55" to the beginning of a reverse curve concave to the southwest having a radius of 50.00 feet; Thence northeasterly, northwesterly and southwesterly 234.60 feet along the last said curve through a central angle of 268°49'50"to the beginning of a reverse curve concave to the northwest having a radius of 20.00 feet; Thence southeasterly 15.50 feet along the last said curve through a central angle of 44°24'55"to said easterly line of the Southern Pacific Railroad right of way; Thence along said easterly line, South 16°04'00"East 36.85 feet to the Point of Beginning. ALSO EXCEPTING AND RESERVING THEREFROM, pursuant to the provisions of Section 8340 of the California Streets and Highways Code and for the benefit of Pacific Bell Telephone Company(dba AT&T California) and for the benefit of Pacific Gas and Electric Company, their heirs and assigns, a permanent public service easement and the right at anytime or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable wires,poles and other convenient structures equipment for the operation of telegraph and telephone lines and other communication facilities, electric lines and facilities, gas lines and facilities, including access for ingress and egress and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over, under and across the portion of the herein described Esquon Road. EXHIBIT"A" Page 2 of 3 Hamlin Road Hamlin Road, being a 40 foot wide public right of way, as shown on that certain map entitled Subdivisional Plan of the Durham.State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records. EXHIBIT "A" Page 3 of 3 • i NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. n DURHAM-DAYTON HIGHWAY STUART EDELL RCE 29132 0 BUTTE COUNTY DEPUTY SURVEYOR & REGISTRATION EXPIRES 3/31/09 HAMLIN RIGHT-OF-WAY ABANDONMENT o a ' o 9� c^y l0 riyd� yF'Py . �p 9p S , �� LANA SG I J N ; NO. PLS 6967 EXHIBIT "B" F s/301PLAT TO ACCOMPANY F OF Gp,L\F�� ABANDONMENT DESCRIPTION FOR ESQUON AND HAMLIN ROADS LYING .WITHIN .3 8 NORTHSTAR ENG EE INR G THE ESQUON RANCHO MICHAEL L. MAYS, PLS 6967 EXP 9/30/09 COUNTY OF BUTTE, STATE OF CALIFORNIA N®rthtar CIVIL ENGINEERS ' PLANNERS . SURVEYORS 111 MISSION RANCH BLVD. SUITE 100 " CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 1 OF 3 FEBRUARY, 2008 JOB NO. 08-024 SCALE: 1" = 1500' O SOT 1�0. • 8) gyp. 0 DURHAM-DAYTON HIGHWAY iL40' RIGHT-OF-WAY AS SHOWN ON p BK 8 MAPS, PAGES 16-18 & 24 Q a h O, l- O p' OLlj �P` l �jp1� 28 d- , LEGEND � RIGHT-OF-WAY TO BE ABANDONED 1 Opp, EXISTING LOT LINES QJ pT °T 3 040-140-015 ASSESSOR'S PARCEL 3� O NUMBER � 0' RIGHT-OF-WAY SOT LOT # AS SHOWN ON O 4 MAPS OF DURHAM STATE l6f HAMLIN LAND SETTLEMENT BOOK 8 OF MAPS PAGES 16-18 & 24 SOT 0 785.3' �p�, 6 EXHIBIT "B" 3�q apo SLOT 0 _ _ _ _ — _ — p� PLAT TO ACCOMPANY No- 44 70' RIGHT-OF-WAY o°` ABANDONMENT DESCRIPTION FOR oz 8 MAPS 17 ESQUON AND HAMLIN ROADS ' o LOT 34A LYING WITHIN LOT 35A_w MATCH LINE SHEET 3 THE ESQUON RANCHO COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS ' PLANNERS . SURVEYORS 111 MISSION RANCH 8LV0. SUITE 100 ' CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 2 OF 3 FEBRUARY, 2008 JOB NO. 08-024 SCALE: 1" = 1500' MATCH LINE SHEET 2 O , - - - - - ��/- - - - - - - - - -0 - - - - - <V � T pT 7 9qEsq ��,'60 76 O 90 70' RIGHT-OF-WAY AS SHOWN ON BK 8 MAPS PAGES 16-18 & 24 G Q' LEGEND 46' RW PER 1538 OR 07 RIGHT-OF-WAY TO BE 1538 OR 14 ABANDONED 2 EXISTING LOT LINES o �� 040-140-015 ASSESSOR'S PARCEL \� 60 ��,� NUMBER �� �� O 840" R/W6 �p� LOT # AS SHOWN ON o n O OJ . 7 MAPS OF DURHAM STATE LAND SETTLEMENT BOOK 8 OF MAPS '71 �P PAGES 16-18 & 24 F EXHIBIT "B„ °¢o PLAT TO ACCOMPANY ABANDONMENT DESCRIPTION FOR otiti ESQUON AND HAMLIN ROADS ' LYING WITHIN THE ESQUON RANCHO COUNTY OF BUTTE, . STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS • PLANNERS • SURVEYORS 111 MISSION RANCH BLVD. SUITE 100 + CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 3 OF 3 FEBRUARY, 2008 JOB NO. 08-024 i i EXHIBIT "A" LEGAL DESCRIPTION FOR ESQUON ROAD (North Cul-de-sac) All that real property situate in the County of Butte, State of California,being a portion of the Rancho Esquon and described as follows: Beginning at the most northerly comer of Lot 35A as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8. of Maps at pages 16, 17 and 18, Butte County Records, said point being on the centerline of Esquon Road, a 70 foot wide public right of way, as shown on said map; Thence leaving said centerline of Esquon Road at a right angle,West 35.00 feet to the west line of Esquon Road and the beginning of a curve concave to the northwest having a radius of 20.00 feet; Thence from a tangent line bearing South, southwesterly 13.34 feet along said curve through a central angle of 38012'48"to the beginning of a reverse curve concave to the north having a radius of 50.00 feet; Thence southerly, easterly and northerly 223.77 feet along the last said curve through a central angle of 256°25'35"to the beginning of a reverse curve concave to the northeast having a radius of 20.00 feet; Thence northwesterly 13.34 feet along the last said curve through a central angle of 38°12'48"to a point of tangency with the east line of said Esquon Road; Thence leaving said east line of Esquon Road,West 35.00 feet to the Point.of Beginning. . Containing 7,709 square feet,more or less. The basis of bearings is the same as that shown on said map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butte County Records. LAND SG ��' E� �• ALF No. 6967`9 Date: G Northstar Engineenni Michael L. Mays, LS 6967 *� EXP. 09/30/09 \* 9�F OF APN: 070-130-040 EXHIBIT"A" Page 1 of I NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. n ' DURHAM-DAYTON HIGHWAY STUART EDELL RCE 29132 0 BUTTE COUNTY DEPUTY SURVEYOR 0 REGISTRATION EXPIRES 3/31/09 HAMLIN PROJECT ® SITE 0 Q 0 �9 �O 'P ti �9C �O 9� O SAND �v2oG,xP�L C. is NO. PLS 6967 F � 9T •9/301 CA� EXHIBIT "B" PLAT TO ACCOMPANY &06 DESCRIPTION OF ESQUON ROAD LYING WITHIN RTHS ARE NEE G ITHE ESQUON RANCHO MICHAEL L. MAYS, PLS 6967 EXP 9/30/09 COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS • PLANNERS ' SURVEYORS 111 MISSION RANCH BLVD. SUITE 100 ' CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-.1600 FAX{530) 893-2113 SHEET 1 OF 2 FEBRUARY, 2008 JOB NO. 08-024 I SCALE: 1" = 50' Tr 0 HAMLIN ROAD or N w LINE TABLE LINE BEARING DISTANCE L1 N90'00'00"E 35.00'• w L2 N90'00'00"E 35.00' 038-140-038 CURVE TABLE LOT 40 — — — CURVE RADIUS DELTA LENGTH Cl 20.00' 38'12'48" 13.34' C2 50.00' 256'25'35" 223.77' z C3 20.00' 38'12'48" 13.34' 70' 038-160-040 LOT 33A L1 L2 (-038-140-033) LEGEND LOT 40 M I PROJECT BOUNDARY z EXISTING RIGHT—OF—WAY AND PARCEL LINES 040-140-015 ASSESSOR'S PARCEL NUMBER o CALCULATED POINT POB POINT OF BEGINNING ROAD TO BE ABANDONED Il/l/llll zm BY SEPARATE INSTRUMENT C•2 LOT NUMBER PER LOT 35A DURHAM STATE LAND 038-160-031 SETTLEMENT, 8 M 16-18 LOT 35A EXHIBIT B AREAPLAT TO ACCOMPANY DESCRIPTION OF ESQUON ROAD CUL—DE—SAC 7,709± SF LYING WITHIN THE ESQUON RANCHO COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS • PLANNERS • SURVEYORS 111 MISSION RANCH BLVD. SUITE 100 ' CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 2 OF 2 FEBRUARY, 2008 JOB NO. 08-024 4 EXHIBIT "A" LEGAL DESCRIPTION FOR ESQUON ROAD (South Cul-de-sac) All that real property situate in the County of Butte, State of California, being a portion of the Rancho Esquon and described as follows: Beginning at a point on the easterly line of the Southern Pacific Railroad right of way, as said right of way is shown on that certain map entitled Right of Way and Track Map Main Line Southern Pacific Company,page V-115/17, said map being on file with the Union Pacific Railroad, said point bears along said line South 16°04'00"East 3535.0 feet from the intersection of said line with the westerly line of the Rancho Esquon; Thence along said easterly line of the Southern Pacific Railroad right of way, South 16°04'00"East 36.85 feet; Thence leaving said easterly line, North 38°26'00"East 42.80 feet to the beginning of a curve concave to the southeast having a radius of 20.00 feet; Thence northeasterly 15.50 feet along said curve through a central angle of 44°24'55"to the beginning of a reverse curve concave to the southwest having a radius of 50.00 feet; Thence northeasterly,northwesterly and southwesterly 234.60 feet along the last said curve through a central angle of 268°49'50"to the beginning of a reverse curve concave to the northwest having a radius of 20.00 feet; Thence southeasterly 15.50 feet along the last said curve through a central angle of 44'24'55"to said easterly line of the Southern Pacific Railroad right of way; Thence along said easterly line, South 16°04'00" East 36.85 feet to the Point of Beginning. Containing 9,288 square feet, more or less. �Q .AND S� No. 6967 Date: 3 ZGr)B Northstar ftneeKng Michael L. Mays, LS 6967 EXP. osrao�o9 \* 9TF 0 Cp\\��Q� . APN: 070-130-040 EXHIBIT"A" Page 1 of 1 NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. n DURHAM-DAYTON HIGHWAY STUART EDELL RCE 29132 0 BUTTE COUNTY DEPUTY SURVEYOR REGISTRATION EXPIRES 3/31/09 HAMLIN O O K �9 Fy t0 r PROJEC SITE ° 0 �p LAND S� P<rL C. �G 4f9��� �c NO. PLS 6967 F yJ� 9/301 CF- cA1-�F° EXHIBIT "B" PLAT TO ACCOMPANY 3 G DESCRIPTION OF ESQUON ROAD NORTHLYING WITHIN MICHAEL L. E YS. PLI G THE ESQUON RANCHO MICHAEL L. MAYS, PLS 6967 EXP 9/30/09 COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS - PLANNERS • SURVEYORS AA�Y Arc p A'�'i 111 MISSION RANCH BLVD. SUITE 100 ' CHICO, CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 1 OF 2 FEBRUARY, 2008 JOB NO. 08-024 Joh G F �Q� SCALE: 1" = 50' o, p) � o R\ Nj,OF,WP � Rpd / LR0 � v` /'o. / 50' RADIOS 0110 ��O Ln AREA POB 10 CUL-DE-SAC 9,288± SF 7 n LINE TABLE \ LINE BEARING DISTANCE L1 N38'26'00"E 42.80' y L2 N16'04'00"W 36.85' L3 N16'04'00"W 36.85' O p 5p CURVE TABLE CURVE RADIUS I DELTA LENGTH LEGEND C1 20.00' 44'24'55" 15.50' C2 50.00' 268'49'50" 234.60' PROJECT BOUNDARY C3 20.00' 44'24'55" 15.50' EXISTING RIGHT-OF-WAY 040-140-015 ASSESSOR'S PARCEL NUMBER 0 CALCULATED POINT EXHIBIT POB POINT OF BEGINNING PLAT TO ACCOMPANY ESQUON ROAD TO BE DESCRIPTION OF ESQUON ROAD ABANDONED BY SEPARATE LYING WITHIN INSTRUMENT THE ESQUON RANCHO COUNTY OF BUTTE, STATE OF CALIFORNIA NorthStarCIVIL ENGINEERS ' PLANNERS t SURVEYORS 111 MISSION RANCH BLVD. SUITE 100 ' CHICO. CALIFORNIA 95926 ENGINEERING (530) 893-1600 FAX (530) 893-2113 SHEET 2 OF 2 FEBRUARY, 2008 JOB NO. 08-024 Mar. 7. 2008 8: 18AM Pac Gas & Electric ! No, 0543 P. 1 Pacific Gas and Electric Company` 350 Salem Street Don Chambers Chico,CA 95928 Technical and Land Services 530/896-4257 Chico Office FAX 530/896.4254 March 4,.20.08 Mr. Stuart Edell County of Butte Department of Public Works 7 County Center Drive Oroville,CA 95965 RF,,. Abandonment of portion of Esquon Road and Hamlin Road Dear Mr.Edell: Pacific Gras and Electric Company(PG&E)has been asked to provide comments regarding the proposed subject road abandonment's. Please be advised that PG&E has no objection to the proposed.road abandonment's, however,we do own and operate an electric substation in this area,and as such,we will need the County to reserve the ingress and egress rights in the Resolution of Abandonment on our behalf. In addition,and due to the sensitivity and security of this electric substation, it is important that any road closure gates constructed in association with said road abandonment's will be done in coordination with our Substation Maintenance Supervisor Rick Fritz,so that a locking system to said gates can be agreed to our satisfaction, Mr.Fritz can be reached in Oroville at 532-4080 should you have any questions in this regard. Sincerely, Donald W.Chambers Land Agent (File:EsquonRd.doc) cc:Rebekah Ahrendes Paul Collin Rick Fritz L3/17/2008 10:45 5308916 RANCHOESQUON PAGE 03 I LqgMW►� r� a � Bruce McPhee T 530.229.2024 PWIC works Manager F:530.244,5129 4434 Mountain lakes Ntvd M:53U9..d.4b50 Rditnp,CA 96+00.9 hm5t?.5®ntt COm March 20, 2008 Rick Ponciano Rancho Esquon, Inc. 1609 Adams Ranch Woad ©urharh, CA 95938 , FSE: Right of Way Vacation—Portion of Esquon Road, Durham Dear Mr. Ponciano: In order to meat currant and future telecommunication needs for our customers, AT&T must request that a permanent easement be retained prior to this street vacation. To protect AT&T's rights for existing and future telecommunication facilities, please incorporate the following language in any resolution or ordinance of vacation: "EXCEPTING AND RESERVING THEREFROM PURSUANT TO THE PROVISIONS OF Section 8340 of the Street and Highways Code and for the benefit of Pacific Bell Telephone Company(dba as AT&T California), the permanent easement and the right at any time or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits,. cable wires, poles and other convenient structures, equipment and flxturlss for the operation of telegraph and telephone lines and other communication facilities, including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over and across the portion of Esquon Road to be abandoned." Upon receipt of a certified copy of the vacating ordinance or resolution to the address above, which should include the foregoing language, this company shall have no objection to the proposed vacation. Please feel free to call me on (530)229-2024 If you require additional information. Sincerely, Bruce McPhee Public Works Manager ,,u��. ..«I•.y .r. :Y •l QN^ri Team 'ON/56 a O T J-/v6:01 too .0Z -E (mil) KOH& PETITION FOR VACATION OF PUBLIC HIGHWAY N0.2007-262- 067 TO THE HONORABLE BOARD OF SUPERVISORS COUNTY OF BUTTE DATE: , 2008 Dear Board Members: The undersigned, being ten or more freeholders, at least two of whom are residents of the Road District in which some part of the highway affected is situated; and who are taxable therein for highway purposes, do hereby petition your Honorable Board of Supervisors in writing, in accordance with provisions of Section 8321 of the Streets and Highways.Code of the State of California, to VACATE the following-described COUNTY HIGHWAY of the COUNTY OF BUTTE: Esquon Road A portion of Esquon Road, a public right of way of varying widths,being more particularly described as follows: ieginning at the intersection of Esquon Road with the easterly line of the Southern Pacific Railroad right of way, as said right of way is shown on that certain map entitled Right of Way and Track Map Main Line Southern Pacific Company,page V-115/17, said map being on file with the Union Pacific Railroad; Thence alongEsquon Road in a general northeaster) southeasterly,northeaster) and norther) direction to the Q g Y� Y Y Y most northerly corner of Lot 35A, as said Lot is shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17 and 18, Butt County Records. Hamlin Road Hamlin Road,being a 40 foot wide public right of way, as shown on that certain map entitled Subdivisional Plan of the Durham State Land Settlement, filed for record in Book 8 of Maps at pages 16, 17, and 18,Butte County Records. 02/09/2008 09:27 530891 RANCHOESQUON PAGE 02 PETITION FOR VACATION OF PUBLIC HICLVVAY N0.2007-262- 067 i, Signature Address 4o sta �c .-1 Print Name L'Z; City, _ Statea.4-Zip 4' Date /z Signature Address q�3q _ ni L• Print Name Cityl�tJ `h�t� State Cg Zips O Date 1Z-z 707 Signature JVftv� di d �1 Address Print Name ,'tl7#Mk, L YR- et city_22State!�AZip Date 2-W-67- Signature Yr Address Print Name CityQ 1�A�j Stated Zip_ Date� � Signature Address Print Name��G�, s �• Cityj�tl(44A-WN State Zip S Date f-14 0? VV /� ' Signature � Address 'moi 35 N 1 p Print Name kt City State_Zipn25n Date Sig at a G tr-- Address -7ciZ Vu� Wa.& D"W^j 1� Print ame q1It, c-� CityyUry►k� Statef�Zip s Date V--1--1..Dt Signature 9� y �/J — Address &A k d v,h.& Print Name City N A&&AA . State �Zip Date_L-tf of Signature Address Print Name � ~.gra PrVP =10A7GityStates - ZipDatelh OC Signature Address Print Name L g.w L T:: City 00th-hAM Stated Zipr '"" Date �: Signature Address p�2 %?�rU•�. Print Name " r City /. /M"K Stated Zip 212& Date_y c Signature Address ,�%e _ Print Name . f City Cil: _ _ _ State[.�Zip ate y Signature AddresslF,0L4,M Print Name hAW S�i City_ VAS StateU- Zip Date 2I $ Cie a[ c G,'I j'1 Z luauiuOL ��� Road: Esquon Road Parcel: Rancho Esquon Inc. AP No: 038-160-040 (por.) Escrow No.: After Recording Return To: County of Butte Department of Public Works 7 County Center Drive Oroville, CA 95965 Mail Tax Statements TO: Rancho Esquon Inc. P.O. Box 907 Concord, CA 94522-0907 ITCL IM EE The undersigned Grantor Decla. s the Do umen t Tr sfer : $ , c puted on the full consideratio of the operty nve ed 1 the ncorporated ea of B e C nty. For value re eived County But Gr is to nch squ In or ed 1 that certain r 1 p pert si ate i the inc rated ea f Co my of Butte, State of Ca ' ornia, more parte ul ly de cribed as follo Comme ing a int et in a North terl direction m a t ' t angles to the centerline the ainack f e N ern E tric Com any's ailwa at Station "D" 482; is 73 eet i a outh s rly di h n fr the. er of the east levee of which said pb�ntButte Creek, at he pint ere i ort m lectri omp y's railway track crosses said levee, running fro sai oint f co in cem t i a nort ste direction and at right angles to the centerline o he rthe El to Co any railr d 200 feet to the true point of beginning of this descr tion; en a in a ou east ly di ' ion and parallel to the center line of the Northern Electric Co an ailroa 435. feet, thence at right angles in a southwesterly direction 46 feet; thence at ' ht angles in a north terly direction 435.6 feet; thence at a right angle in a northeasterly directs n 46 feet to a point of beginning; containing 0.460 acre, more or less. EXCEPTING AND RESERVING REFROM,pursuant to the provisions of Section 8340 of the California Streets and Highways Code and for the benefit of Pacific Bell Telephone Company (dba AT&T California) and for the benefit of Pacific Gas and Electric Company, their heirs and assigns, a permanent public service easement and the right at anytime or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cable wires, poles and other convenient structures equipment for the operation of telegraph and telephone lines and other communication facilities, electric lines and facilities, gas lines and . facilities, including access for ingress and egress and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over, under and across the portion of the herein described Esquon Road. The above described lands are to be combined with and become a part of those lands as described in the deed to Rancho Esquon Incorporated as filed for record in Butte County Official Records at Serial Number 2000-004922, and cannot be sold separately. No additional lots or parcels are created hereby. Grantor's Si ature(s): I rt osias en, air Butte County oar f Supervisors State of Cali ia, County o Butte, n ,before , Notary Publi personally appe ed, Jo ' ssen, who oved me on the bas* of s 'isfactory evidence to be the per s) w se n me s/are ubs ibed o the within i trum t and ac owle d to e th he/ e/the exe ted ame 'n h er/ eir authorized c acit 'es), d that by his er/t it si atu (s) o the stru e the rso s), o the entity upon eh of ich the person(s act , ex ut the i strum nt. I cert' un er NAL F PERJUR under the laws of the to of alifornia that the foregoin ara aph ' true orrect. WITNESS m han d o ficial ea Signature I (Seal) Attachment 3 BOE-502-A(FRONT)REV.10(8-07) FOR RECORDER'S USE ONLY PRELIMINARY CHANGE OF OWNERSHIP REPORT [To be completed by transferee (buyer) prior to transfer of subject property in accordance with section 480.3 of the Revenue and Taxation Code.] A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California. THIS REPORT IS NOTA PUBLIC DOCUMENT SELLER/TRANSFEROR: BUYER/TRANSFEREE: ASSESSOR'S PARCEL NUMBER(S) PROPERTY ADDRESS OR LOCATION: MAIL TAX INFORMATION TO: Name Address NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30.One-half of these taxes is due November 1, and one-half is due February 1.The first installment becomes delinquent on December 10,and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record.You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the BUTTE COUNTY Assessor. For further information on your supplemental roll obligation,please call the BUTTE COUNTY Assessor at (530),538-7691 PART I:TRANSFER INFORMATION(please answer all questions) YES NO ❑ ❑ A. Is this transfer solely between husband and wife(addition of a spouse,death of a spouse,divorce settlement,etc.)? ❑ E B. Is this transaction only a correction of the name(s)of the person(s)holding title to the property(for example,a name change upon marriage)?Please explain ❑ 0 C. Is this document recorded to create,terminate,or reconvey a lender's interest in the property? ❑ D D. Is this transaction recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security interest(e.g., cosigner)?Please explain ❑ O E. Is this document recorded to substitute a trustee of a trust,mortgage,or other similar document? ❑ ❑ F. Did this transfer result in the creation of a joint tenancy in which the seller(transferor)remains as one of the joint tenants? ❑ ❑ G. Does this transfer return property to the person who created the joint tenancy(original transferor)? H. Is this a transfer of property: ❑ ❑ 1. to a revocable trust that may be revoked by the transferor and is for the benefit of the ❑transferor ❑transferor's spouse? ❑ ❑ 2. to a trust that may be revoked by the Creator/Grantor who is also a joint tenant,and which names the other joint tenant(s)as beneficiaries when the Creator/Grantor dies? ❑ ❑ 3. to an irrevocable trust for the benefit of the ❑Creator/Grantor and/or❑Grantor's spouse? ❑ ❑ 4. to an irrevocable trust from which the property reverts to the Creator/Grantor within 12 years? ❑ ❑ I. If this property is subject to a lease,is the remaining lease term 35 years or more including written options? ❑ ❑ *J. Is this a transfer between ❑ parent(s)and child(ren)? ❑ or from grandparent(s)to grandchild(ren)? ❑ ❑ 'K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? ❑ Yes ❑ No ❑ ❑ 'L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5? Within the same county? ❑ Yes ❑ No ❑ ❑ M. Is this transfer solely between domestic partners currently registered with the California Secretary of State? "If you checked yes to J,K or L,you may qualify for a property tax reassessment exclusion,which may result in lower taxes on your property.If you do not file a claim,your property will be reassessed. Please provide any other information that will help the Assessor to understand the nature of the transfer. If the conveying document constitutes an exclusion from a change in ownership as defined in section 62 of the Revenue and Taxation Code for any reason other than those listed above,set forth the specific exclusions claimed: .__—_____.__—_._________._..._.—___—_.__ Please answer all questions in each section.If a question does not apply,indicate with"NIA."Sign and date at bottom of second page. -- — PART It: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date B. Type of transfer (please check appropriate box): ❑ Purchase ❑ Foreclosure ❑ Gift ❑ Trade or Exchange ❑ Merger, Stock,or Partnership Acquisition ❑ Contract of Sale—Date of Contract ❑ Inheritance—Date of Death _ __ — ❑ Other(please explain):.._____._ ❑ Creation of Lease ❑ Assignment of a Lease ❑ Termination of a Lease ❑ Sale/Leaseback ❑ Date lease began ❑ Original term in years(including written options)........__._.___.__._.__.__._._.__._....._..__._.........____.—..__.................... _....__....___....._._._._...____..__.___...._._._._.____.._.____..__.__ ❑ Remaining term in years(including written options).._.-----..._..._.__..--..---........._.............._......................_..............._...._............._.._.........._.._....._....._.._..._._..._....._....._......__..___..__........_.-.._.._._....__-.. Monthly PaymentRemaining Term...---.--.---.---...--.---.---.-----_—_-. --- C. Was only a partial interest in the property transferred? ❑ Yes ❑ No If yes, indicate the percentage transferred A - BOE-502-A(BACK)REV.10(8-07) Please write Assessor's Parcel Number(s): Please answer,to the best of your knowledge,all applicable questions,then sign and date.If a question does not apply,indicate with"N/A." PART III: PURCHASE PRICE AND TERMS OF SALE A. CASH DOWN PAYMENT OR value of trade or exchange(excluding closing costs) Amount$ B. FIRST DEED OF TRUST @. %interest for years.Pymts./Mo.=$ (Prin.&Int.only) Amount$ ❑ FHA( Discount Points) ❑ Fixed rate LJ New loan ❑ Conventional ❑ Variable rate ❑Assumed existing loan balance ❑ VA( Discount Points) ❑All inclusive D.T.($ Wrapped) ❑ Bank or savings&loan ❑ Cal-Vet ❑ Loan carried by seller ❑ Finance company Balloon payment ❑Yes ❑ No Due Date Amount$ C. SECOND DEED OF TRUST @ %interest for years.Pymts./Mo.=$ (Prin.&Int.only) Amount$ ❑ Bank or savings&loan ❑ Fixed rate —J New loan ❑ Loan carried by seller ❑ Variable rate ❑Assumed existing loan balance Balloon payment ❑ Yes ❑ No Due Date Amount$ D. OTHER FINANCING:Is other financing involved not covered in(b)or(c)above? ❑Yes ❑ No Amount$ Type @ %interest for years.Pymts./Mo.=$ (Prin.&Int.only) ❑ Bank or savings&loan ❑ Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable rate ❑Assumed existing loan balance Balloon payment ❑ Yes ❑ No Due Date Amount$ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes ❑ No Outstanding Balance: Amount$ F. TOTAL PURCHASE PRICE(or acquisition price,if traded or exchanged,include real estate commission if paid) TOTAL ITEMS A THROUGH E 1 $ G. PROPERTY PURCHASED ❑Through a broker ❑ Direct from seller ❑ From a family member ❑ Other(please explain): If purchased through a broker,provide broker's name and phone number:_—_..______.—___.__--..—._.•_...._.._____—_._—...___ —._:—_�.—__--___ Please explain any special terms,seller concessions,or financing and any other information that would help the Assessor understand the purchase price and terms of sale:-------- -- —---- ---------..- — ------------__ __---------- PART IV: PROPERTY INFORMATION A. TYPE OF PROPERTY TRANSFERRED: ❑ Single-family residence ❑Agricultural ❑ Timeshare ❑ Multiple-family residence(no.of units: ) ❑ Co-op/Own-your-own ❑ Manufactured home ❑ Commercial/Industrial ❑ Condominium ❑ Unimproved lot ❑ Other(Description:i.e.,timber,mineral,water rights,etc. ) B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑ Yes ❑ No If yes,enter date of occupancy _-/— ,20 or intended occupancy---- (month) (day) (year) (month) (day) (year) C. IS PERSONAL/BUSINESS PROPERTY INCLUDED IN PURCHASE PRICE(i.e.,furniture,farm equipment,machinery,etc.) (other than a manufactured home subject to local property tax)? ❑ Yes ❑ No If yes,enter the value of the personallbusiness property included in the purchase price$ (Must attach itemized list.) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes ❑ No If yes,how much of the purchase price is allocated to the manufactured home? Is the manufactured home subject to local property tax? ❑ Yes ❑ No What is the decal number?--___.____ — E. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ❑ No If yes,is the income from: ❑ Lease/Rent ❑ Contract ❑ Mineral rights ❑ Other(please explain): F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? ❑ Good ❑Average ❑ Fair ❑ Poor Please explain the physical condition of the property and provide any other information(such as restrictions,etc.)that would assist the Assessor in determining the value of the property: CERTIFICATION OWNERSHIP TYPE(0) Proprietorship O !certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Partnership ❑ I This declaration is binding on each and every co-owner and/or partner. Corporation O Other------ (� --- —--- -- — NAME OF NEW OWNER/CORPORATE OFFICER TITLE SIGNATURE OF NEW OWNERICORPORATE OFFICER DATE – —+ — NAME OF E14TITY(typed or printed) !^—— —FEDERAL EMPLOYER ID NUMBER -- – — ADDRESS 71;1;ed or printed} �PFIONE NUM19BER(8 a m.-5 p.m.j �E•MAII_ADDRESS(optionaq (Note:The Assessor may contact you for additional information.) If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report,the recorder may charge an additional recording fee of twenty dollars($20). r COUNTY OF BUTTE FIELD NUMBER OROVILLE, CALIFORNIA PURCHASE ORDER F 09-067 s U P Chico Enterprise Record Issued By P PO Box 9 Department DEVELOPMENT SERVICES L Chico, CA 95927 PLANNING I 016410 E R DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.0. # 9/18/08 NOTICE TO THE PUBLIC C 5 440-001-537 PLEASE FURNISH TWO COPIES OF THE AFFIDAVIT OF PUBLICATION AND TEAR SHEET BUTTE COUNTY PLANNING DIVISION ATTENTION-Tina Bonham 7 COUNTY CENTER DRIVE OROVILLE,CA 95965 To be published in the Enterprise Record on 9/22/08 RA08-0001 Rancho Esquon, Inc. TOTAL I,the undersigned, hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered or,where authorized, are hereby�bn racted for and tl�atlfi&eds a ElLudget Appropriation for the same. i o r oR- F 09-067 bated: Department Head or Authorized Deputy V0636 SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV.DATE ENCUMBRANCE AMOUNT 1 2 3 L64 5 Butte County Department of Development Services 0 UTrF0 TIM SNELLINGS, DIRECTOR PETE CALARCO,ASSISTANT DIRECTOR o a o o 7-County Center Drive o 0 Oroville, CA 95965 0 0 (530)538-7601 Telephone cOUN'�y (530)538-7785 Facsimile www.buftecounty.net/dds ADMINISTRATION* BUILDING* PLANNING BUTTE COUNTY PLANNING COMNUSSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on October 9, 2008 at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California,regarding the following item: REQUEST FOR ABANDONMENT (Vacation of a Public Right of Way): The Butte County Planning Commission will hold a public hearing to determine whether the proposed road abandonment is consistent with the Butte Count General Plan. The Planning Commission will not approve or den the Y g Pp Y proposed abandonment. Name: Rancho Esquon, Inc. Project: RA08-0001 Planner: Brett Walker APNs: 038-160-040, 038-160-034, 040-140-014, 040-140-015, 040-140-020, 040-140-021, 040-140-031, and 040-140-066 Zoning: A-20, and A-40; Agricultural, 20-,and 40-acre minimum parcel sizes Land Use: Orchard and Field Crops Location: The proposed abandonment (vacation) is located east and south of the community of Durham, on the south side of Durham-Dayton Highway, and the east side of the Midway. Proposal: The abandonment would include a 40-foot right of way for Hamlin Road, located south of Durham-Dayton Highway and east of Esquon Road; and a varying right of way width(40 to 70 feet wide) for Esquon Road, located 785.3± feet south of Hamlin Road to the Midway. A public services easement will be reserved. Two cul-de-sacs are proposed, one at the northerly terminus of the portion of Esquon Road to be abandoned (south of Hamlin Road), and one at the westerly terminus of Esquon (east of the Midway). The length of the abandonment is approximately 4.65±miles. Documents for this project are on file for public review and comment starting Monday, September 22, 2008 through Wednesday, October 1, 2008. If you challenge the proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at,or prior to,the public hearing. The above mentioned application and reference documents are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call or send an email to Brett Walker, (530) 538-7470 or jbwalker@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES ADVERTISING INVOICE STATEMENT CHICO ENTERPRISE RECORD 400 EAST PARK AVE. (P.O. BOX 9) CHICO, CA 95927 530-891-1234 ACCOUNT: 016410 Butte County Department of Development Services 7 County Center Dr. Oroville, CA 95965 NOTICE OF PUBLIC HEARING PO [F 09-067] PUB. SEPTEMBER 22, 2008 15" (x,$10.47/inch $157.05 INTERNET CHARGE $2.00 TOTAL DUE $159.05 (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of - NOTICE OF PUBLIC HEARING. , BUTTE CbUNTY PLANNING CO MISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will•be'held on October 9,2008 at 9:00 a.m.in the Butte County Board of Supervisors' Room, County Administration Center,25 County Center Drive,-Oroville,California,regarding the! OF PUBLICATION lowing item: REQUEST FOR'ABANDONMENT (Vacation of a Public.Right of Way):The Butte County Planning Commission will hold a public heaF- ing to determine whether the proposed road abandonment is consis- State of California tent with the Butte County General Plan.The Planning Commission SS. will not approve or deny the proposed abandonment. CountOf Butte Name:Rancho Esquon,Inc. Project:RA08-0061 t y Planner:Brett Walker APNs:038.160-040,038-160-034, 040-140-014,040440.015,040-140-020,040-140-021,040-140-0311,- and 040-140-066 The undersigned resident of the county of Zoning:A-20,and A-40;Agricultural,20-,and 40=acre minimum parcel sizes Land Use:Orchard and Field.Crops Butte, State of California, says: Location:The proposed abandonment(vacation)is located east and south of the community of Durham,on the south side of Durham-Day,- ton Highwa,and the east side of the Midway. I That I am, and at all time herein mentioned Proposal:The abandonment would include a 40-foot right of way four Hamlin Road,located south of Durham-Dayton Highway and east of Was a citizen of the United States and not a partyEsquon Road;,and a varying right of way width(40 to 70 feet wide)for 'Esquon Road,located 785.31 feet south of Hamlin Road to the Midi To nor interested in the above entitled matter; way.A public services easement will be reserved.Two cul-de-sacs are. proposed,, one at the northerly terminus of the portion of Esquon That I am the principal clerk of the printer and Road to be abandoned(south of Hamlin Road),and one at the west- Publisher of erly terminus of Esquon(east of the Midway).the length of the aban,- donnient is approximately 4.651 miles. Documents for this project are on file for public review and comment The Chico Enterprise-Record starting Monday,September 22,2008 through Wednesday,October 1i, . 2008:If you challenge the proposal in court,you may be limited tp The Oroville Mercury-Register raising only those issues you or someone else raised at the public r hearing described in this notice,or in written correspondence deli%- ered to the Planning•Division at,or prior to,the public hearing. I . erS one ogeneral rcu That said newspaper if l Cila- The above mentioned application and reference documents are on file p p g and available for public viewing at the office of the Butte County Tion as defined by Section 6000 Government Development Services Department,Planning Division,7 County Cen:- ter Drive,Oroville,California.For Information call or send an email t6 Code of the State of California, Case No. 26796 Breffwalker,(530).538-7470 orjbwalker@buttecounty.net. L- BUTTE COUNTY PLANNING COMMISSION By the Superior Court Of the State of California, rTIM SNELLINGS;DIRECTOR OF DEVELOPMENT SERVICES,,,f •, In and for the County of Butte; that said newspa- PubI sh 09/2v2o a v fir, Per at all times herein mentioned was printed And published daily in the City of Chico and .,�,..r,..-.., County of Butte;that the notice of which the Annexed is a true printed copy, was published in Said newspaper on the following days: SEPTEMBER 22, 2008. Dated September 22, 2008. At Chico, California. A KM (Signature) No. In the Matter of ------------------------------------------------------------ ---------------------------------------------------------- --------------------------------------------------------- ------------------------------------------------------------ ------------------------------------------------------------ Affidavit of Publication --of--- ---------------------------------------------------------- M2