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HomeMy WebLinkAbout047-250-178+ BUTTE' -COCK AIRPORT ILS *E C®MMISSI®'+ ■ Department of Development Services ■ 7 County Center Drive, Oroville, CA 95965 ■ (916) 538-7601 FAX (916) 538-7785 ■ AGENDA ITEM - V. B TO: Honorable Chair and Airport Land Use Commission FROM: Paula Leasure, Principal Planner DATE: March 11, 1997 ITEM: Butte County Tentative Subdivision Map #97-05 (Schuster) on APN 047-250- 178 (portion): A request for consistency findings for a tentative subdivision map to create 45 one acre parcels on property zoned SR -1 (Suburban Residential, 1 + acre minimum parcel size), located on the east side of Garner Lane, across from Kathy Lane, in the north Chico area. Staff recommends the Commission find the project consistent with the Chico Municipal Airport Environs Plan. FOR: Airport Land Use Commission Meeting. of March 19, 1997 SUMMARY: The County of Butte is presently processing the above mentioned project and has submitted a comment sheet and map to ALUC for review and comment. Staff recommends the Commission find the project consistent with the Chico Municipal Airport Environs Plan. ANALYSIS: This Butte County project is a tentative subdivision map to create forty-five 1 + acre parcels from a 52 acre parcel. The project site is located on the east side of Garner Lane, across from Kathy Lane, in the north Chico area, and is approximately one mile west of the main runway of the Chico Municipal Airport. The project site is zoned SR -1 (Suburban Residential, 1 acre minimum parcel size). The project site is located within the North Chico Specific Plan area. The project description was referred to the Airport Land Use Commission staff on January 9, 1997 for comment as part of the routine Request for Comments, and the Commission must respond within 60 days. Staff review consisted of land use compatibility, noise sensitivity and a comparison with the draft Policy Plan guidelines as indicated below. Based on this data and that the land use is not a significant change from what is currently planned, staff informed the Butte County Planning Division that the project was tentatively found to be compatible with the adopted Environs Plan and would receive a formal ALUC recommendation at its March 19, 1997 meeting. Land Use Compatibility Staff reviewed the request pursuant to the currently adopted Chico Municipal Airport Environs Plan (CMAEP). A determination was made.that the project site is located within the Chico Municipal Airport Study Area as shown on CIC -6 in the CMAEP and is located in the horizontal surface as shown on CIC -5. The project site is not located within a Compatible Land Use Zone (CLUZ) as depicted on CIC -13, but the eastern property line of the project site is adjacent to CLUZ V. There are no restrictions on land uses located outside of the Compatible Land Use Zones. The project site is not located under any normal aircraft traffic patterns as shown on CIC -2. ■ Butte County ■ Airport Land Use Commission ■ Noise Sensitivity 0 40 The project site is located outside of the 55 dB CNEL noise contour as depicted in Figures CIC -2 and CIC -3 of the CMAEP. There are no restrictions on land uses in areas located outside of the 55 dB CNEL noise contour. In addition, the FAR Part 150 Noise Compatibility Program prepared for the City of Chico was reviewed for additional noise impact evaluation. While it is understood that this document has not been accepted or adopted by the ALUC as a recognized noise study or environs plan, it does provide additional information to assist staff in the review of projects. The study shows that the project site is currently outside of the 55 dB CNEL contour and projects the noise level to also be outside the 55 dB CNEL contour in 2010. Based on this data the project site is within an area where the proposed use would be compatible with identified noise level contours. It should be noted that all of the above data does not address single event noise levels over the project site. Draft Policy Plan The project site is located within the FAR Part 77 Horizontal Surface. The draft Policy Plan defines the FAR Part 77 horizontal surface as the "Overflight Zone." The draft Policy Plan that is presently under consideration indicates that single-family detached residential dwelling units are compatible for safety considerations in the Overflight Zone. This project will result in one dwelling unit per acre and will not result in large concentrations of people (more than 25 persons per acre). The draft Policy Plan indicates that single-family detached residential dwelling units are compatible when the noise level is less than 55 dB CNEL. This Plan is only in draft form and has not been adopted nor does it replace the existing Environs Plan. However, this Plan does provide the baseline for the Chico Municipal Airport Comprehensive Land Use Plan update that will direct land use compatibility in the area. North Chico Specific Plan Area The project site is located within the North Chico Specific Plan (NCSP) Area. Section 7.6 (Airport Protection Regulations) of the NCSP dictate that avigation easements be signed, noise attenuation features be incorporated into new construction and enhanced disclosure measures be developed for dwelling units located within the Plan area. A condition of the subdivision project will require that noise attenuation features be incorporated into new construction that will reduce the interior level of noise to less than 45 dB. Another condition will require that the property owner sign an avigation easement granting the right of continued use of the Chico Municipal Airport in the airspace above the subject parcel and acknowledging any and all existing or potential airport operational impacts. RECOMMENDATION: Staff recommends that the Butte County Airport Land Use Commission find that the' proposed Butte County Tentative Subdivision Map # 97-05 (Schuster) on APN 047- 250-178 (portion) is consistent with the Chico Municipal Airport Environs Plan subject to the following findings and recommended conditions in attached Exhibit "A". If the ALUC would like to take additional action on this project it would be limited to a recommendation to the Butte County Planning Commission that although the project is consistent ■ Butte County ■ Airport Land Use Commission ■ with the currently adopt•Chico Municipal Airport Environs, the ALUC does have additional concerns. This recommendations would only be advisory and would not require any overriding findings to dismiss.' Attached: A: Findings B: Location Map K:\ALUC\IVIAFt97.MTG\SCHUSTER.RK l ■ Butte County ■ Airport Land Use Commission ■ +BUTTE COUNk AIRPORT LAND TPSE COMMISSION+ ■ Department of Development Services ■ 7 County Center Drive, Oroville, CA 95965 ■ (916) 538-7601 FAX (916) 538-7785 ■ EXHIBIT A BUTTE COUNTY AIRPORT LAND USE COMMISSION -CONSISTENCY FINDINGS FOR: Butte County Tentative Subdivision Map '# 97-05 (Schuster) on APN 047-250-178 (portion) N. The following findings have been prepared at the direction of the ALUC and are for the consideration of the County of Butte (local agency) when making a decision on this project. Section '1: ENVIRONMENTAL FINDINGS A. No environmental documentation was submitted at time of review. However, it is not foreseen that there will be any significant impacts at this time. Section 2: PROJECT CONSISTENCY FINDINGS A. The ALUC finds the project is consistent with the. Chico Municipal Airport Environs Plan and that the project is compatible with the viable, responsible operation of the Chico Municipal Airport subject to the following recommended conditions. r Section 3: RECOMMENDED CONDITIONS �. A. Property owner shall sign an avigation easement granting the right of continued use of the Chico Municipal Airport in the airspace above the subject parcel and acknowledging any and all existing or potential airport operational impacts. B. North Chico Specific Plan conditions shall apply to this project. 1 Reviewed and Approved by: Fred Gerst, Chairman Butte County Airport Land Use Commission ■ Butte County ■ Airport Land Use Commission ■ IOMNI OEM uster Tcntaq�c Parlcel Map DEPARTM31 T OF _DEVELOPME SERVICES �. , 4 BUTTE (:OUNTY UNIFORM APPL ATION APPLICANT: Agent information to be provided is on other side: - . OWNER'S NAME- � TELEPHONE Stephen•J. Schuster i `° r , ( 916 ) 894-0894 ; ADDRESS: - CITY, STATE & ZIP CODE: 3406 Keefer Road Chico; CA 95973 ` ZONE. GENERAL PLAN_ EXISTING LAND USE SITE SIZE (in Square Feet or Acres) SR -1 AG/RES Vacant, Orchard & Light Ag. `. 52 Acres more or less EXISTING STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) None None (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ■ PROPERTY IS OR PROPOSED TO BE ON SEPTIC • ■ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE �PARCEL MAP +❑ REZONE ■.. TENTATIVE SUBDIVISION MAP Planning Division ❑ USE PERMIT ` ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT JAN -0 1997 • _ ❑ LOT LINE ADJUSTMENT ❑ VARIANCE . afOVIII@, CaIffOCflla • ❑ LEGAL LOT DETERMINATION' z ❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT f _ ❑ {MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER - FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels) This project willconsistof 45 one acre minimum parcels built in three phases. It is a continuation of Pheasant Landing Subdivision ` (see your file). Plahning Divi " •JU • - �• , - , ; . _ .. � '�u�t�• Ali >> CERTIFY THAT'I AM PRESENTLY THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY, FURTHER,'I ACKNOWLEDGE THE I FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the i vit i th• appli ati DATE: I SIGNATURE: - pSl�c SS dQ CNEL E:WDJECTS\9615780\UNIF. APP 010397'1 �i I GENT AUTHORIZATION FO� To Butte County, Department artment o* J ) Print Agent Name and Phone,Number Mailing Address is hereby authorized to process this application for on my property, identified as Butte County Assessors Parcel Numbers - - - = This authorization allows representation for all applications, hearing, appeals, etc.. and to sign all documents necessary for said processing, but not including document(s) relating to record title interests. Owner(s) of Record: (Sign and Print Name) Print Name Signature Architect and/or Engineer: Print Architect/Engineer Name and Phone Number Mailing Address FOR OFFICE USE ONLY Print Name Signature Verify: Date received: /- o - 9 -T Total amount received: -:�D Esc AP Number(s) Legal Description Owners Authorization Zoning. requirements Project Description Copies of plot plan Taken by s� Receipt No. I x-71/ E.H.q �' LD P1an,��QQ - FDIQ S Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. ' Current fee for this application is $ as of Make check payable to "Butte County Treasurer" L PROJECTS\96157MUNIF.APP 010397 2 COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be, Completed By Project Applicant) Date Filed General Information: 1. Name and address of owner, and/or project sponsor:Stephen I. Schuster 3406. Keefer Road, Chico, CA 95973 2. Address of project: 500 feet north of intersection of Garner Lane & Kathy Lane, Chico, CA Assessor's Parcel Number: 047-250-178 (portion) 3. Name, address and telephone number of person to be contacted concerning this project: Craig Murray, Rolls, Anderson & Rolls, 115 Yellowstone Drive, Chico, CA 95973-5811 (916)895-1422 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: RWOCB, ACE, and Reclamation Board for StormWater Permits 5. Existing general plan designation: Agricultural Residential 6. Existing zoning district: SR -1 7. How is land currently used? Vacant 8. Proposed use of site (Project for which form is filed):. 45 Residential lots. 1 acre gross lot size minimum. See attached plans Project Description: 9. - Site size: 52 acres, more or less (Acres/Sq.Feet) 10. Off-street parking spaces: Full size: 22per parcel min. Compact: Total: 90 -min. 11. Plans attached Yes, X No 12. Proposed development schedule: Begin Phase I construction by lune 1997 13. Associated projects Pheasant Landing Subdivision Plati.,:.,g Division 14. Anticipated incremental or phased development Yes Phases I II & III JAN 0 6 Se�ilffi>�i 1i l� o Butte County Department of Development Services O Planning Division l ' r� Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. SEE ATTACHED RESPONSES 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit None Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets if necessary). ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Planning Division JAN 0 S W a0'XW94%, caul amia YES NO 20. Change in existing features of any hills, buttes, canyons or _ X substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas _ X or public lands or roads. 22. Change in pattern or character of general area of project. _ X 23. Significant amounts of solid waste or litter. X 24. Change in dust, ash, smoke, fumes or odors in vicinity. X 25. Change in bay, lake, river, stream or ground water quality or _ X quantity,. or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels of the _ X vicinity. 27. Site on filled land or on slopes of 10 percent or more. _ X 28. Use of, or disposal of potentially hazardous materials, such as _ X toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services _ X (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption _ X (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. X SEE ATTACHED RESPONSES ❑ Butte County Department of Development Services ❑ Planning Division ❑ 2 Planning Division JAN 0 S W a0'XW94%, caul amia Environmental. Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, his or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. SEE ATTACHED RESPONSES 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial,,etc.), intensity of land use (one family, apartment houses, shops, department stores, etc.) and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid will be accepted. SEE ATTACHED RESPONSES Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signaturelfor { Planning Division J AN 6 19a7 GrWill;, California ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 Applicant: Stephen J. Schuster Project: Pheasant Landing Subdivision Unit 2 RESPONSES TO QUESTIONS ON BUTTE COUNTY ENVIRONMENTAL INFORMATION FORM 15. -SFR, 1 -acre gross lot area minimum., 31. Pheasant Landing Subdivision, 17 1 -acre parcels. 32. The existing property is currently about 9 acres of English Walnut orchard and 43 acres of open unfarmed land. Site topography slopes gently to the southwest. There are no known plant, animal, cultural, historical, or scenic impacts affecting the site. There are no structures on the site. PLEASE SEE ATTACHED PHOTOS 33. Existing single family residential uses are on properties to the south, west and north of the ' project site. As existing old sand and gravel pit exists to the north of the site, Mud Creek and open grazing land exists to the east of the site. PLEASE SEE ATTACHED PHOTOS E:\PR0JECTS\9615780\IWINF.RES 010397 1 Planning Division JAN 0 6 1997 Oraviw, Ca tomia ORDER NO. BU -154424 CB MID VALLEY TITLE & ESCROW COMPANY SUBDIVISION MAP FILING REPORT POST OFFICE BOX 3039 601 MAIN STREET CHICO, CALIFORNIA 95928 TELEPHONE (916) 893-5644 ALL POLICIES OF TITLE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY (3) UPDATED (11/6/96) ESCROW OFFICER: CAROL BIRD RE: SCHUSTER IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, FIRST AMERICAN TITLE INSURANCE COMPANY, HEREBY REPORTS THAT IT IS PREPARED TO.ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED -BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD .BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARF -.MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF -TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF NOVEMBER 6, 1996, AT 7:30 A.M. Planning Division ROGER BUTTON, CHIEF TITLE OFFICER 9 JAN 0 6 PAGE 1 bitivs w , aic►albn�nei ORDER NO. BU-154424.CB TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: STEPHEN J. SCHUSTER, A SINGLE MAN THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED. OR REFERRED TO COVERED BY THIS REPORT IS:' A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE "IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1.� GENERAL AND SPECIAL BUTTE COUNTY TABES FOR,THE FISCAL YEAR, 1996-97, 1ST INSTALLMENT: .$734.70, DUE 11/1/96, DEL 12/10/96 .2ND INSTALLMENT: $734.70, DUE 2/1/97, DEL 4/10/97 EXEMPTION: $-0 ,. ASSESSED: SEPARATELY AP# 047-250-178-000 CODE AREA 062-105 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER' 3.5 COMMENCING WITH SECTION :75 OF 'THE CALIFORNIA REVENUE AND TAXATION CODE. A REPORT HAS BEEN ORDERED TO DETERMINE IF A SUPPLEMENTAL TAX BILL HAS BEEN SENT OUT. IF A"BILL HAS BEEN SENT, A REPORT WILL FOLLOW PRIOR TO THE CLOSE OF ESCROW.' RE -CHECK SUPPLEMENTAL TABES PRIOR TO THE CLOSE OF ESCROW., 3. THE HEREIN DESCRIBED LAND. LIES WITHIN THE BOUNDS OF CSA -NO. 87 KEEFER ROAD/ROCK CREEK DRAINAGE SERVICE AREA, AS CONTAINED IN DOCUMENT RECORDED JUNE 14, 1991, UNDER BUTTE COUNTY RECORDERS SERIAL NO. 91-24024. 4. A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES - FOR: ROAD PURPOSES RECORDED: APRIL 6, 1910, IN BOOK 105 OF DEEDS, PAGE 313, BUTTE COUNTY RECORDS. AFFECTS: THE WESTERLY PORTION OF GARNER LANE. Planning Division JAN 0 6 4997 CONTINUED OmAue, &a l PAGE 2 ORDER NO. BU -154424 CB { 5. THE RIGHT TO CONSTRUCT, PLACE, INSPECT, MAINTAIN, REPLACE, REMOVE AND .USE FACILITIES OF THE TYPES STATED HEREIN AND OTHER 'INCIDENTAL PURPOSES IN FAVOR OF: PACIFIC BELL FACILITIES:. POLES, ANCHORS, GUYS, ETC. RECORDED: SEPTEMBER 21, 1990, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 90-40704. AFFECTS: THE SOUTHWESTERLY PORTION. 6. .A DEED OF TRUST TO SECURE AN INDEBTEDNESS. IN THE ORIGINAL PRINCIPAL SUM OF $1,04.0,000.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: SEPTEMBER 9, 1996 TRUSTOR: STEPHEN J. SCHUSTER, A SINGLE MAN TRUSTEE: MID VALLEY TITLE AND ESCROW COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: HAROLD R. BICKLEY AND GLORIA BICKLEY, HUSBAND AND WIFE RECORDED: SEPTEMBER 12, 1996, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 96-33981. SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE DEED OF TRUST RECORDED OCTOBER -8, 1996, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 96-37857 (SHOWN IN. ITEM NO. 7, HEREIN), BY SUBORDINATION AGREEMENT RECORDED OCTOBER 8•, 1996, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 96-37858. 7. A VARIABLE INTEREST RATE CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $602,000.00, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY DATED: SEPTEMBER 27, 1996 TRUSTOR: STEPHEN J. SCHUSTER, A SINGLE MAN TRUSTEE: MID VALLEY TITLE AND ESCROW COMPANY BENEFICIARY: BUTTE COMMUNITY BANK RECORDED: OCTOBER 8, 1996, UNDER BUTTE COUNTY RECORDER'S' SERIAL NO. 96-37857. 8. IT WILL BE NECESSARY THAT THE SPOUSE OF THE VESTEE, IF `MARRIED, SIGN ALL DOCUMENTS (OR EXECUTE A DEED) IN ORDER TO ELIMINATE THEIR COMMUNITY INTEREST. 9. THE LAND DESCRIBED HEREIN APPEARS - TO CONSTITUTE A "SUBDIVISION" OF LAND WITHIN THE MEANING OF THE SUBDIVISION MAP ACT. GOVERNMENT CODE 66410, ET SEQ, OR LOCAL ORDINANCES. WE WILL REQUIRE THAT A CERTIFICATE OF COMPLIANCE (GOVERNMENT CODE 66499.35) EXECUTED BY THE COUNTY OF BUTTE OR A FINAL SUBDIVISION MAP OR PARCEL MAP BE FILED IN THE OFFICE OF THE RECORDER OF,THE COUNTY OF BUTTE. Planning Division .I Q N Q 6 1A97 CONTINUED +rovlllo, California PAGE 3 ORDER NO. BU -154424 CB INFORMATION NOTE: NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE INSURANCE, BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF, TITLE INSURANCE. FOR PURPOSES,'OF POLICY ISSUANCE; -0- ITEMS MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY TO THE COMPANY AS INSURER. LW:TR NOVEMBER 6, 1996 Planning Division JAN 0 6 1997 Oroville, California PAGE 4 ORDER NO. BU -154424 CB DESCRIPTION: THE LAND REFERRED TO IN THIS REPORT ISISITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, AND IS DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANGE 1 EAST, M.D.B. & M. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 32, AS MARKED BY A FENCE CORNER POST; THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTH LINE OF SAID SECTION 32, SOUTH 89 DEG. 14' 0011.WEST, 322.41 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 68 DEG. 30' 20" EAST, 50.79 FEET; THENCE NORTH 74 DEG. 17' 10" EAST, . 285.23 FEET TO A POINT IN THE EAST LINE OF SAID SECTION 32; THENCE ALONG SAID EAST LINE SOUTH 00 DEG. 20' 30" WEST, 91.55 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE HEREIN DESCRIBED PARCEL WITH THE SOUTH LINE OF SAID SECTION 32, SAID POINT BEING LOCATED SOUTH 89 DEG. 14' 00" WEST, 322.41 FEET FROM A FENCE CORNER POST MARKING THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE FROM SAID POINT OF BEGINNING ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 68 DEG. 30' 20" EAST, 50.79 FEET; THENCE NORTH 74 DEG. 17' 10" EAST, 285.23 FEET TO A POINT IN THE EAST LINE OF SAID SECTION 32; THENCE ALONG SAID EAST LINE OF SECTION .32.NORTH 00 DEG. 20' 30" WEST, 434.01 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE,OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES: 1) SOUTH 48 DEG. -42' 47" WEST, 68.50 FEET; 2) CURVING TO THE RIGHT ON THE ARC OF A CIRCULAR CURVE HAVING A RADIUS OF 1083 FEET, A DISTANCE OF 315.99 FEET TO A POINT WHICH BEARS SOUTH 57 DEG. 04' 18" WEST, -314.87 FEET FROM THE BEGINNING OF SAID CURVE. 3) LEAVING SAID CURVE TANGENTIALLY SOUTH 65 DEG. 25' 49" WEST, 243.73 FEET; AND 4) CURVING TO THE LEFT ON THE ARC OF A CIRCULAR CURVE HAVING A RADIUS OF 317 FEET, A DISTANCE OF .290.55 FEET TO A POINT WHICH BEARS SOUTH 39 DEG. 10' 21" WEST, 280.49 FEET FROM THE BEGINNING OF SAID CURVE, SAID POINT BEING IN THE SOUTH LINE OF SAID SECTION 32; THENCE ALONG SAID SOUTH LINE NORTH 89 DEG. 14' 00" EAST, 395.39 FEET TO THE POINT OF BEGINNING. Planning Division CONTINUED ,JAN Q 6 .1997 PAGE 5 • DESCRIPTION - CONTINUED • ORDER NO. BU -154424 CB ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32, BEING IN THE CENTERLINE OF GARNER LANE; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF GARNER LANE NORTH 0 DEG. 00' 04" WEST, 1174.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE AND SAID CENTERLINE NORTH 0 DEG. 00'.04" WEST, 150.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 32; THENCE LEAVING SAID WEST LINE AND SAID CENTERLINE AND ALONG THE NORTHERN LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 32 NORTH 89 DEG. 28' 33" EAST, 290.40 FEET; THENCE LEAVING SAID NORTHERN LINE SOUTH 0 DEG. 00' 04" EAST, 150.00 FEET; THENCE SOUTH 89 DEG. 28' 33" WEST, 290.40 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANGE 1 EAST, M.D.B. & M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32, BEING IN THE CENTERLINE OF GARNER LANE; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF GARNER LANE NORTH 00 DEG. 00' 04" WEST, 1099.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE AND SAID CENTERLINE NORTH 00 DEG. 00' 04" WEST, 75.00 FEET; THENCE LEAVING SAID WEST LINE AND SAID CENTERLINE AND PARALLEL TO THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID'SECTION 32 NORTH 89 DEG. 28' 33" EAST, 290.40 FEET; THENCE PARALLEL TO SAID WEST LINE NORTH 00 DEG. 00" 04" WEST, 150.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89 DEG. 28' 33" EAST, 290.40 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE SOUTH 00 DEG. '00' 04" EAST, 225.00 FEET; THENCE SOUTH 89 DEG. 28' 33" WEST, 590.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM A PORTION OF THE SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANGE 1 EAST, M.D.B. & M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 32, BEING IN THE CENTERLINE OF GARNER LANE; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER AND THE CENTERLINE OF GARNER LANE NORTH 00 DEG. 00' 04" WEST, 1024.02 FEET -TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE AND SAID CENTERLINE NORTH 00 DEG. 00' 04" WEST, 75.00 FEET; THENCE LEAVING SAID WEST LINE AND SAID CENTERLINE AND PARALLEL TO THE NORTH LINE OF SAID SOUTH ONE- HALF OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 32 NORTH 89 DEG. Planning Division CONTINUED AN 0 6 igA7 PAGE 6 01-ov e. caWof'Aa ORDER NO. BU -154424 CB DESCRIPTION - CONTINUED 28' 330' EAST, 580.00 FEET; THENCE PARALLEL TO SAID WEST LINE NORTH 00 DEG. 00' 04" WEST, 225.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 32; THENCE NORTH 89 DEG. 28' 33" EAST, 145.20 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE SOUTH 00 DEG. 00' 04" EAST, 300.00 FEET; THENCE SOUTH.89 DEG. 28' 33'.' WEST, 726.00 FEET TO THE POINT OF BEGINNING.