HomeMy WebLinkAbout04-137BOA-~R~D CaF SUPERV1vORS
C.OUNT`Y OF BUTTE, STATE OF CALIFORNIA
Resolufion X10. 04-137
RESOLUTION GIVING NOTICE OF HEARING ON PETITION
TO ABANDON A PUBLIC RIGHT OF WAY
OROVILLE BANGOR HIGHWAY
WHEREAS, this Board has received a petition from ten or more free-holders, requesting the
abandonment of a public right of way as described below, and at least two of the petitioners are
residents of the road district in which said public right of way is situated; and
WHEREAS, pursuant to Chapter 3 of Part 3 of Division 9 of California Streets and
Highways Code (commencing with Section 8320) this Board shall set a date, hour and place for a
hearing on the petition for abandonment.
NOW, 'THEREFORE, BE IT RESOLVED by the Board of Supervisors:
1. That this board hereby gives notice that at its regular meeting on August 31, 2004, at
10:30 a.m., in the Board Chambers, Butte County Administration Building, 25 County Center Drive,
Oroville California, a hearing shall be held to hear all persons interested in the abandonment of that
certain Oroville Bangor Highway right of way situate in the County of Butte, State of California,
more particularly described as follows:
Parcel "A"
ALL THAT REAL PROPERTY DESCRIBED AS A PORTION OF LOT 3, ACCORDING
TO THAT CERTAIN MAP ENTITLED "THE DANIEL SUBDIVISION", AS FILED FOR
RECORD IN THE OFFICE OF THE COUNTY RECORDER ON DECEMBER 6, 1920, IN
BOOK "B", OF MAPS AT PAGE I, AND A PORTION OF SECTION 31, TOWNSHIP 19
NORTH, RANGE 5 EAST, M.D.M., BUTTE COUNTY, CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHERLY TERMINUS OF THAT LINE COMMON TO
MERGER PARCEL TWO AND MERGER PARCEL THREE, AS SHOWN ON THAT
CERTAIN RECORD OF SURVEY AS FILED FOR RECORD IN BOOK 143, MAPS AT
PAGES 45 THROUGH 50, SAID LINE BEARING N 36°33'21" E; THENCE N 27°00'10"
E, 20.00 FEET, TO A POINT ON THE EXISTING COUNTY RIGHT-OF-WAY AND THE
TRUE POINT OF BEGINNING FOR THE HEREIN DESCRIBED PARCEL OF LAND,
SAID POINT BEING A POINT ON A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF
43°10'59", AND A RADIAL LINE THAT BEARS N 27°00'10" E; THENCE
NORTHWESTERLY ALONG SAID CURVE AND ALONG SAID RIGHT-OF-WAY
LINE, 324.08 FEET, TO A POINT LOCATED 42.00 FEET, PERPENDICULARLY
MEASURED FROM THE PRESENT BUTTE COUNTY CONSTRUCTION
Resolution of Intent
Page 1 of 3
CENTERLINE OF OROVILLE-BANGOR HIGHWAY, SAIll POINT BEING A POINT
ON A NON- TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF 1042.00 FEET, A CENTRAL ANGLE OF 16°25'15", AND A RADIAL LINE THAT
BEARS N 43°49'05" E, FROM SAID POINT; THENCE SOUTHEASTERLY ALONG
SAID CURVE AND 42.00 FEET SOUTHERLY OF SAID CENTERLINE, AN ARC
DISTANCE OF 298.63 FEET, TO A POINT FROM WHICH THE POINT OF BEGINNING
BEARS S 27°00'10" W; THENCE S 27°00'10" W, 71.93 FEET, TO THE POINT OF
BEGINNING AND CONTAINING 0.34 ACRES, MORE OR LESS.
Parcel "B"
ALL THAT REAL PROPERTY DESCRIBED AS A PORTION OF LOT 3, ACCORDING
TO THAT CERTAIN MAP ENTITLED "THE DANIEL SUBDIVISION", AS FILED FOR
RECORD IN THE OFFICE OF THE COUNTY RECORDER ON DECEMBER 6, 1920, IN
BOOK "B", OF MAPS AT PAGE 1, AND A PORTION OF SECTION 31, TOWNSHIP 19
NORTH, RANGE 5 EAST, M.D.M., BUTTE COUNTY, CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHERLY TERMINUS OF THAT LINE COMMON TO
MERGER PARCEL TWO AND MERGER PARCEL THREE, AS SHOWN ON THAT
CERTAIN RECORD OF SURVEY AS FILED FOR RECORD IN BOOK 143, MAPS AT
PAGES 45 THROUGH 50, SAID LINE BEARING N 36°33'21" E, SAID POINT BEING A
POINT ON THE EXISTING COUNTY RIGHT-OF-WAY AND THE TRUE POINT OF
BEGINNING FOR THE HEREIN DESCRIBED PARCEL OF LAND, SAID POINT
BEING A POINT ON ANON-TANGENT CURVE CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 450.00 FEET, A CENTRAL ANGLE OF 23°08'12", AND A
RADIAL LINE THAT BEARS N 27°00' 10" E; THENCE SOUTHEASTERLY ALONG
SAID CURVE AND ALONG SAID RIGHT -OF- WAY LINE, 181.72 FEET; THENCE S
86°08'02" E, 119.47 FEET, TO THE BEGINNING OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 350.00 FEET, AND A CENTRAL ANGLE OF 24°18'00";
THENCE SOUTHEASTERLY, ALONG SAID CURVE AN ARC DISTANCE OF 148.44
FEET, TO A POINT LOCATED 50.00 FEET, PERPENDICULARLY MEASURED FROM
THE PRESENT BUTTE COUNTY CONSTRUCTION CENTERLINE OF OROVILLE-
BANGOR HIGHWAY; THENCE N 28°10'03" E, LEAVING SAID RIGHT-OF-WAY, 8.00
FEET; THENCE N 61°50'02" W, PARALLEL WITH AND 42.00 FEET
SOUTHWESTERLY OF SAID CENTERLINE, 25.83 FEET, TO THE BEGINNING OF A
CURVE TO THE LEFT, HAVING A RADIUS OF 958.00 FEET, AND A CENTRAL
ANGLE OF 06°54'20"; THENCE NORTHWESTERLY ALONG SAID CURVE, 115.46
FEET, TO THE END OF SAID CURVE; THENCE; N 68°44'22" W, 179.82 FEET, TO THE
BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1042.00 FEET,
AND A CENTRAL ANGLE OF O6°08' 12"; THENCE NORTHWESTERLY, ALONG SAID
CURVE, AN ARC DISTANCE OF 111.60 FEET; THENCE S 27°00'10" W, 91.93 FEET,
TO THE POINT OF BEGINNING AND CONTAINING 0.52 ACRES, MORE OR LESS.
Reserving therefrom a public services easement, within Parcels A and B herein
described, for the benefit of Pacific Gas and Electric and Pacific Bell (dba as SBC West), and
their heirs or assigns, and the right at any time or from time to time to construct, operate,
maintain, replace, removal, renewal and enlarge lines of pipe, conduits, cable wires, poles,
lines and other facilities, including access and the right to keep the property free from
Resolution of Intent Page 2 of 3
inflammable material and wood growth, and otherwise protect the same from all hazards, in,
upon, over and across the portion Oroville Bangor Highway right of way to be abandoned by
Resolution.
2. That a map showing the public right of way to be abandoned is on file in the Office
of the Butte County Department of Public Works, 7 County Center Drive, Oroville,
California 9596.5
3. That at the conclusion of said hearing the Board intends to abandon said public right
of way.
4. That this abandonment proceeding is being conducted pursuant to Chapter 3 of Part 3
of Division 9 of the California Streets and Highways Code (commencing with
Section 8320).
5. That this Resolution be posted and published pursuant to the provisions of Chapter3
of Part 3 of Division 9 of the California Streets and Highways code.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 3rd day of
August 2004, by the following vote:
AYES: Supervisors Dolan, Houx, Yamaguchi and Vice-Chair Josiassen
NOES: None
ABSENT: Chair Beeler
NOT VOTING: None
~ ~~
~.
R. J• EELER, Chair
Board of Supervisors
by: Curt Josiassen, Vice (:hair
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
And Clerk of the Board of Supervisors
j; ,:~
~y: ; , ~i ~
Clerk/Deputy~
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