HomeMy WebLinkAbout03-089•;. ~ .
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:~A ~; ~ .. :~ N CQUNTY OF ~I~TTE, STATE OF CAL?F'C3RNIA
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~•.~.~~.,,,;;;,,,,.••''~'~~+'~ Resolution No. 03-089
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RESOLUTION SUPPORTING THE FEDERAL LEGISLATIVE TRANSFER OF BUREAU OF
LAND MANAGEMENT LANDS TO THE PARADISE RECREATION AND PARK DISTRICT
WHEREAS, t he p ublic interest shall b e b etter s erved i f the P aradise R ecreation a nd P ark D istrict
assumes full ownership and responsibility for two parcels of public land for recreation and park purposes; and
WHEREAS, the first parcel of land known as the Coutolenc Park is 330-acres in size, is described
within Attachment "A" attached hereto, and is held in patent at the current time by Paradise Recreation and
Park District under agreement with the Bureau of Land Management; and
WHEREAS, the second parcel of land known as the Upper Ridge Nature Preserve is 120-acres m
size, is described within Attachment `B" attached hereto, and is owned by the Bureau of Land Management;
and
WHEREAS, the Butte County Board of Supervisors understands that the Bureau of Land
Management agrees with this transfer of lands to the Paradise Recreation and Park District as presented in
Attachment "C" attached hereto; and
WHEREAS, the Butte County Board of Supervisors supports the Paradise Recreation and Park
District in their attempt to obtain full ownership of these two parcels of land through Federal Legislative
Transfer.
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors endorses
and recommends a Federal Legislative Transfer of ownership of said properties as supported by the Bureau of
Land Management (Attachment C) to the Paradise Recreation and Park District who will assume full
ownership and responsibility of two parcels of Bureau of Land Management lands known as the Coutolenc
Park, 330 acres (Attachment A), and the Upper Ridge Nature Preserve, 120 acres (Attachment B), for
recreation and park purposes.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 10th day of June 2003 by
the following vote:
AYES: Supervisors Dolan,
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST:
Houg, Josiassen, Yamaguchi, and Chair Beeler
,~ ( l ~,r
R. J. BEELE , C air CCC _
PAUL MCINTOSH, Chief Administrative Officer
And Clerk of the Board of Supervisors
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,~Oeputy -
May 27 ^3 04:11p Kim Yamaguchi Butte Cnty 15301 872-6339 p.9
F..r)n 4~1n~3
(aSay A963) -
Sa.crlmEnto 072436 Attachment A
~a RYC to iutjoai tfjege pre~e>Ytst gtjalC come, ~reeti}rg:
'LJ'kLEREAS, a Geri:ifica:te of L-he Land office at Sacramento, Ca.1i-
forma, is now dap'osite-d i`n the Bureau o'f L.and Management, whereby
it appears .that full p2.y~tent .has been made ley tl~e 13a.radise $ccrea-
ti.on a.izd Yark 33:istrict, according to the X1-rovi.siozzs of the Act o[
Congress of .7une- 14, 1926 (44 Sta"t. 741) :as amended and suppleinerlted
(~E3 U,S.C. 869, 869-1 to 8.b9-4),,f.or the fol.lowing described .land:
Mount I7iablo.Meridian, C.a.Ii£ornia._
T. 23 N_ R. 4 E.,
Sec . 17 , W z$W'~SW'~;
Sac. 19, NE's,. E~zNjJ3i;, NE45.Is"~,
NE'-~SW~.SE~, N~S1:~ySF~~.
`l:l~.e area. described contains: 330 agres, according to flee OLfi-
cial Plat of the Survey AL the said La'nd,_on ills in Clre $ux'eau o£
Land 1La.nagement:
NOW KNOW X$, .That the UNITEI3 STAT2{5 OF` AME~tICA,. iu considcx-
atiotl. of the premises, -and- in conformity with the said. Acts oL-
Coxigress, HA5. GIVEN.AND GRANTED, -and by these presents D01S GIVL
AND GRANT unto the said ]?aradise Recreation and Park. District,
- the tract al7oye described,.. for public rQCrea:tion-al .a.nd park- purposes
on7_y; TQ HAVE AND. T.O I30LD tlze_ sa.m~,. L-ogether with all the rights,
privila~;es, ianmunities, Q.nd appurtenances, of whatsoev:cr nature,
ChereunCo belon.giizg, unto -the sa:3.d. P-aradis.c Recreation and YarLc
District, and to its' successors forevQr; sTihject-, howev'er,to the
fallowing r.eserv'ations, conditions and 1_imita.tions:
Subjoct to ~Lny ve~t~d and accrued water :rights. for 'mining,
agricultural,uranufacturing,_or other purposes, and. rights to
ditches and re servoix`s used in conzzection with suclx. water rights,
as xre.ay b:e recogn3ze'd Ft.nd acknowledged by the local cus.toius, laws,
and decis-ionso:E courtsland there is. re'se'rved from the land s. hereby
granted, a right-of-say th-ereori for ditches or canals constructed by
the authority of the .IJni_te.d ,Sta.tes.
Tlierc is also rese'xved to the United States, all mineral de-
posits in t1Le land. above described, together with the rig}it to minim
a.ncl remove the' same, under appli_ca:b?.,e laws. and regulations to be '
estab.lisited by the Secretary o£ size Interior.
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~.~. coVT.Mn[nT a>I HT)HC OT()cc )O-6]2A7-3 - GPO HJH-V1~
May 27 03 04:12p Kim Yamaguchi Butte Cnty
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Sa.crantenCo •072436
[5301 872-6339 p_1^
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1:£ the paL-entee or its.succe.ssor:in interest does not comply
with the p'rnvisions of. the approved plan of development, filed un
October Il, 1962, wi-th-tlte Bureau of Land Management, oc with the
approved plan ofmanagement identified as cotnntitments A through D
inclusive, in daCision.dated April 5„ 1965, of the Assistant
Marta.ger, ,.Adjudication Branch, l.a.nd Office,, Sacramento, Ca.liforni.a,
ox Uy any revision L-hereof approved by .the ~ecreta:ry of the Interior
or his delegate, said Secretary or ,his delegate, after due notice,
a:nd opportunity test a heari.tLg, may declare. the ter. ms of .this grant
terminated in whole or in part. The paten.Ce~, by acceptance: oL-
this patezit, agrees .for itself and its successors in interest that
suet-i decla..ra.tiort sl~ta.ll be e'onclus.iV'e as to Che facts.. found by the
Secretary or leis delEgate and s.Etall, at the option of L'lte Secretary
or his delegrt.te, vperat-.e to revert in the United Mates £u11 title
to the lauds itzvolved in .the dec:la'ra.tion.:
The Secretary, or ltis delegate, may iii lieu of said forfei.L-ure
of title require the patentee o.r its- s.uccessar in inte.res.t to pay
the United States an a:moun.t eclua.l, to the d3.flerence between the .
price- paid £or the land Uy, the pa.tentce. j>rior to issuarice of th:i.s
patent 'and 50 percent of tl-ieEair market value otth~ patenied
Lands, to be determined by the. Secretary vr:his- delegate a.s of
tYte date oJ; .issuance of .t=h-is patent, plus. cozrtpouad inter~9t com-
puted at .four perceat be-gi•nnittg on thc~ date .this patent is- issued.
7'rpVided, ,that, if the patentee or its successor atteittpts t.o
transfer title to or coniirol .over the lands' to 2.nothar or thr_ ia.nds
a.re devoted to a use other than .that fob wlti_ch the Lands were con-
vcycd, wiL-hout the ccin.s.t:n.t. of Che.Secretary of the Interior or his
delegaCC:, or'.prohibit.s or res.tricLs, .directly or indi~ect•ly, oi-
permits its agents, employees, cotitra.ctgrs,ar subcen.tractors
(nc?.udittg. without limitatiort, lessees, sublessee-s, and permittee.s) ,
L-o pr-ohil>i.t .or restrict-, dz:rectly or indirectly, tlte. -use of a.ny
part o1= Che patented lands or any of t_-he facilities tltercori by
Fzny pe.rsoxt .be:ca-use 'of such persons s .race, cre'ed., color, or. national
gri.g.n., title shall revert 'to the. United .States..
I1= the pattntee•-or-its succe-ssor.in interest does not comply
with Tit_lo-VX of..the Civil Rights /let of 1964 (78 Stet. 241) and
t-he reclitirentent.s unposed by the regulations of. the Department of
the Interior (~t3 CE1Z 17) issued pursu~.nt to LhaL' -title, -said
Secretary or his delegate znd,y-declare the terms o£,this grant
tex'sninate<1 iii whole or in part. The patentee, by acceptance of
this patent, ag:recs for itselL arid. its successors in interest tltnt
such dcclara.tion shall, at.tkte option of the Secretary or his
delegate, operate to revert in the United States full. L`i_t.l-e to the
1-lads i_nvoJ.v'ed 3,n .the declaration..
1Les.erving unto L•12e United States,. its permi4~Ltyg or. lcis,ems~e,
the right tv ente.r upon, occupy. a:nd use., .any part=~~"o~tY•~'.all.=.~;[ 'tlr~ c.
port_Ion oJ= the L'~.N.irl-'~; said 'SeC. 19 lyingwithin a-strip o1- 7.and
40 feet wide .Covered by thee.transmission line right-o£-.way. of the
I'atific .Ga.s and electric .Co?rtpany for the purposes pruvidecl in ti.re
Act ol• Sun.e 10,- 192(] (41 Stra.t_ 1063), and subject .to the conditions
arid. limitations o~ :Section 24. of said, Act, - as amended .by flee Act
of Atagust 26, 1935 (ti~9 Stat, F34Ci) _ ._ n, y;; - .
-~~-`,~ti~~i~~~' -'f7Y-~''~.,' i.r 'l.'rs~~tato~aY `Vxz~z:r_~oir, the undet•s.it,necf ~uithorized officer of the Iittrcau ,r l'
-` ,,, "-`1" %~ Lnncl D~Ittnat ement in :tccorclaatce ~vitlt the >z•ovisiorzs of the :1ct oi' J'utxe -'
-z i ~r/y ~ - i~, ~ -^ i7, IJ:k8 (6.. Stet. 176), hats, in-the na.tne of the United SL~tt~s, c:e,ttsecl these '
}4. ~~/ r a~,£~ a'r-~~y~t~ i~ ~` y :z.Illacd. to ho rnttdo 1'attent, tend the Seal of tltc 134itetiu to lze~ ltet•c;ittxl-~a
~_ t~
, ~ ~'`' ~"~ ~ - ' ~1 K = (sr~•r•.x unclor m he.ncl, in Sacramento C a 1 i f o r n i a t;ltc
~~.. ~, ~1 ,/~ _ v .' SEVENT~E.NTH cl~.y of J'UNIi i.it the yeztit- of out• I.ot•ci
' .~ ~ `~ one thousa.ncl ni»e htutclred stnd 5IXTI'-F1V'li and ofi the Tnde.-
_ _ t'-
~ ~=:~^i l7 yll" - 1>c>>denco oI tlic; l7niLed Staites the ozie hLUtdre,d .tucl EIGHTY- NINTH.
~ 65`l••
Pstlent Nutnl~er
®t~--~+J--_.~~j~~ Act~ttg Manager; Sacramento L~.nd O£ficc
,e--rv:zc-, ~.9 ~o~~,~,..EH. r.~~.,H~ ornce
G f-`p f,34-f)IS
May 27 03 04:12p
Kim Yamaguchi Hutte Cnty
T
N
The Upper Ridge Nature Preserve is located within the N1/2
of the NWl/4 anal the NWl/4 of the NE1/4 of Section 35,
Township 23 North, Range 3 East, Mount Diablo Baseline and
Meridian (in stzort: Nl/2 of NW1/4 & NWl/4 of NEl/4,
Sec_35, T23N, R3E, MDBM).
Legal Description provided by:
Francis Berg
Chief of Resources
Bureau of Land Management
Redding Field Office
[530) 872-6339 p.ll
Attachment B
May 27 03 04:13p
Kim Yamaguchi Butte Cnty [5301 872-6339 p. 12
Attachment C
United States Department of the Interior
Bureau of Land Management
Redding Field Office
355 Hemsted Drive
Redding, California 96002-0910
email caweb360@ca.btm.gov, phone (530) 224-21 D0, telefax (530) 224-2172
IN REPLY REFER TO: 2700 ~ ~~ ~ ~ ~~~~
Mr. Michael Trinca, District Manager
Paradise Recreation & Park District
6626 Skyway
Paradise, CA 95969
Dear Mike,
This letter is in response to recent communications between you and our Chief of
Resources, Francis Berg, regarding the potential transfer of the Upper Ridge Nature
Preserve and, possibly, the residual Federal .interests of Coutelenc Park from the
Bureau of Land Managemen# (BLM) to the Paradise Recreation & Park District {PRPD).
On October 28, 2002 Francis and Michael Truden, our former lead realty specialist, met
with yourself and David Anderson, President of the Upper Ridge Wilderness Areas, Inc.
(URWA) to discuss the means of transferring the Federal interests in the approximately
120 acre parcel of public land comprising the Upper Ridge Nature Preserve to the
PRPD. The proposed transfer conforms to the interests of the local community
including the URWA, Inc. and the PRPD.
In a letter dated October 21, 2001 and signed by David Anderson, the URWA noted that
they support the transfer of the parcel from BLM to the PRPD. This recommendation
was the result of many discussions between BLM and the URWA regarding the long
term stewardship of the parcel. The URWA and BLM both are committed to the
protection of the open space values of the parcel for the benefit of the community.
However, the ongoing management demands related to the parcel are outstripping our
combined capabilities. The difficulties of management are compounded by the long
distance separating our BLM Redding Field Office from the Magalia area.
As discussed on October 28`", there are three potential means to transfer the parcel
from BLM to PRPD; land exchange at fair market value, application under the
Recreation and Public Purposes Act of 1926 (as amended); and, Federal legislation.
BLM understands that PRPD has neither the funds to purchase lands or existing surplus
lands of interest to BLM. Therefore, a Eand exchange at fair market value is not
feasible.
Transfer under the Recreation and Public Purposes Act is feasible. Changes in BLM's
Redding Resource Management Plan may be necessary to entertain such a transfer.
Moreover, BLM would be responsible for monitoring future compliance under terms of
May 27 03 04:13p Kim YamagucFii Butte Cnty [5307 872-6339 p. 13
the transfer. As you know from our experience with Coutelenc Park, these lasting
entanglements of the Federal government in local community facilities can be
bothersome to all concerned.
Legislative transfer is at the discretion of the Congress of the United States .pursuant to
an expressed desire of the community. Typically legislation is introduced by the local
member of the House of Representatives, in this case the Honorable Wally Herger,
and/or the United States Senator(s) of the subject state, in this case the Honorable
Diane Feinstein or Honorable Barbara Boxer. Although BLM itself is barred from
initiating legislation, we certainly support the community in their endeavor to' seek
transfer of the public Eand parcel to PRPD via their elected representative. BLM is very
willing to work with PRPD, URWA the local community and your elected
representative(s) in support of this proposed transfer. Incidentally, if you do pursue
legislative action, you may want to consider having any residual Federal interests in
Coutelenc Park, i.e. the timber, included in the transfer.
Please advise myself ar Francis Berg how you would like to proceed and how BLM can
best assist you in this community endeavor. I look forward to working with you on this
undertaking.
Sinc/ereEy,
/r~C~~ c?- ~G`
~._
Charles M. Schultz
Field Manager
CC: David Anderson, Fran Peace