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Home My WebLink About05-103x'~;.i- 5 ,~ ~'". ': t • 4 ~,~~~ ~,.~,~ ~, >~ ,.. BQ~~ARD ~F SUPERVISORS ~'~ ~ : ~ COUNTY OF BUTTE, STATE OF CALIFORNIA ~ ~. ~ `~~~~~w~~~sR~ ~~ ~~~~iii___ ~~,~,~~'~ ~c~solufion ~o. 05-103 ~~f RESOLUTION ABANDONING PUBLIC RIGHTS OF WAY OROVILLE BANGOR HIGHWAY WHEREAS, This matter came on regularly for hearing before the Board of Supervisors of the County of Butte, State of California, on August 2, 2005, in the Board Chambers, Butte County Administration Building, 25 County Center Drive, Oroville, California; and, WHEREAS, it appearing to said Board that notice of the time and place of the hearing on the petition for the abandonment of the public rights of way in question was duly and regularly given as required by law; and WHEREAS, testimony and evidence, both oral and documentary, having been produced at said hearing, from which said Board now finds that: (1) there is no possibility the proposed abandonment of these public rights of way may have a significant effect on the environment, and it is therefore not subject to the California Environmental Act; (2) the proposed abandonment is in conformance with the Butte County General Plan; and (3) the public rights of way in question, as hereinafter described are unnecessary for present or prospective public use. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors: 1. That the public rights of way situated in the County of Butte, State of California, as hereinafter more particularly described, are hereby abandoned pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highways code (commencing with Section 8320). 2. That said public rights of way so abandoned are located in the unincorporated area of the County of Butte, State of California, are identified as Oroville Bangor Highway and are 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 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; 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 ANON-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 CENTERLINE OF OROVILLE-BANGOR HIGHWAY, SAID 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 A NON-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, Oroville Bangor Highway Abandonment Resolution Page 2 of 3 179.82 FEET, TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1042.00 FEET, AND A CENTRAL ANGLE OF 06°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 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 abandoned by this Resolution. 3. That a map showing the rights of way hereby abandoned is on file in the Office of the Butte County Department of Public Works, 7 County Center Drive, Oroville, California 95965. 4. That the clerk of this Board shall cause a certified copy of this Resolution, with the seal of the Board of supervisors of the County of Butte, State of California, to be recorded in the Office of the Recorder of the County of Butte, State of California. PASSED AND ADOPTED by the Butte County Board of Supervisors this 2°~ day of August 2005, by the following vote: AYES: Supervisors NOES: None ABSENT: None NOT VOTING: None Connelly, Dolan, Houx, Josiassen and Chair Yamaguchi - ; ,~ j ~ i ~ KIM K. YAMAGUCHI, Chair Board of Supervisors ATTEST: PAUL MCINTOSH, Chief Administrative Officer And Clerk of the Board of Supervisors By: - Clerk/Dcputy Oroville Bangor Highway Abandonment Resolution Page 3 of 3