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RESOLUTION FOR SUMMARY VACATION
OF A PUBLIC UTILITY EASEM)~NT
{A PUBLIC UTILITY EASEMENT IN LOT 1
CARRIAGE MANOR SUBDIVISION)
WHEREAS, this Board has received a petition from five or mare free-holders,
requesting the vacation (abandonment} of that easement for public utility purposes (public utility
easement) as described in Exhibit A and shown on Exhibit B, both attached hereto and
incorporated herein by this reference, and at least one of the petitioners is a resident of the road
district in which said easement is situated; and
WHEREAS, at a Public Hearing held February 9, 2006, the Butte County Planning
Commission did find that:
I. The abandonment of said easement is exempt from the provisions of the California
Environmental Quality Act under Section 15305.
7I. The proposed abandonment does not conflict with any goal or policy of the Butte
County General Plan.
1IT. The abandonment of the easement will not have an impact because the easement is not
needed for public utility purposes; and
WHEREAS, said public utility easement has not been used for the purpose for which it
was acquired for five consecutive years preceding the date of this resolution; and
WHEREAS, said easement is no longer necessary or required; and
WHEREAS, pursuant to the Streets and Highways Code Division 9, Part 3, Chapter 4,
commencing with Section No. $330, the Board finds that said Public Utility Easement should be
summarily vacated.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County
of Butte, State of California, that the Public Utility Easement described in Exhibit A and shown
on Exhibit B, bath attached hereto and incorporated herein by this reference, is hereby
summarily vacated and abandoned pursuant to the Streets and Highways Code Division 9, Part 3,
Chapter 4, commencing with Section No. 8330;
And from and after the date this Resolution is recorded, said Public Utility Easement
vacated no longer constitutes a public easement.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 28th day of
February, 2006, by the following vote:
AYES: Supervisors Connel7_y, l7olan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ASSENT: None
NOT VOTING: None ,~-~
;iassen, Chair
f Supervisors
of Butte, State of California
ATTEST:
Paul McIntosh,
Chief Administrative Officer and Clerk of the Board
B
lerk/Dep ty
EXHIBIT "A"
All that certain real property situate in the unincorporated area of the
County of Butte, State of California described as follows:
BEING an easement for public utility purposes on, over and under that
portion of Lot 1 described as Parcel "D", as shown on that certain Map
entitled "CARRIAGE MANOR", which map was recorded in the Office
of the Recorder of the County of Butte, State of California on
October 26, 1978 in Baok 6b of Maps, at Pages 48 and 49.
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LIGHT AND AIR EASEMENT PER 68 M 48
TO REMAIN -
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079-200-001
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LOT 1 ~ ~~ o LOT 2
CARRIAGE MANOR SUBDIVISION o
(68 M 48} ~ ~
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64.94
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EXISTING 5' PUE/
LIGHT AND AIR EASEMENT PER 6$ M 48
TO REMAIN (TYPICAL OF ALL SIDES)
PHAETON WAY
LOT 32 ~ LOT 31
CARRIAGE MANOR' SUBDIVISION
~''~~~a. DRAWi~! BY: MM DATE: 2 13 006 EXHIBIT
° ~u r rF° ABANDONMENT 262.059
° ~ CHECKED BY: SCALE: 1" = 20' PUBLIC UTf1lLITY EASEMENT ~~~
°° ~ APN 079-2O0µ001
APPROVED:
~~U,,,~~ DEPUTY DIRECTOR OF PU LIC WORKS _ SHEET i OF 1