HomeMy WebLinkAbout06-091~esorut~ion No. o6-agi
RESOLUTION OF THE BOARD OF SUPERVISORS ~OF THE COUNTY OF BUTTE
TERMINATING A PORTION OF LONG'S BAR ROAD A5 A PUBLIC HIGHWAY AND
ESTABLISHING THE SAME PORTION OF LONG'S BAR ROAD AS AN UNMP,INTAINED
RECREATIONAL ACCESS ROAD
WHEREAS, the Legislature enacted the first statute setting forth the
"viewer method" procedure for establishment of public highways, entitled
"An Act concerning Raads and Highways," on April 11, 1850; and
WHEREAS, County staff has reviewed the journals of the Board of
Supervisors and its predecessor, the Court of Sessions; and
WHEREAS, the journal of the Court of Sessions, February term, 1855,
indicates that the Court of Sessions appointed commissioners to survey,
locate and establish a road from Long's Bar, on the Feather River, to
the Prairie House, in the Oroville area; and
WHEREAS, the journal of the Board of Supervisors, May term, 1855,
indicates that the survey of a portion of the road from song's Bar "to
the 5 Mile stake" was complete; and
WHEREAS, the journal of the Board of Supervisors, May term, 1855,
indicates that the Board of Supervisors confirmed the survey and
declared the portion of the road from Long's Bar "to the 5 Mile stake" a
public highway, during its May term in 1855; and
1
WHEREAS, the above referenced actions of the Court of Sessions and
the Board of Supervisors complied with the above referenced statutory
procedure and, hence, resulted in the lawful establishment of the above
described portion of Long's Bar Road as a 40-foot wide public highway;
and
WHEREAS, although the Table Mountain Bridge was built over the
Feather River immediately adjacent to the Department of Fish and Game's
Feather River fish hatchery facility in 1907, the above referenced
portion of Long's Bar Road has never been abandoned by the County; and
WHEREAS, relevant law requires that a county must follow the
prescribed formal abandonment procedure, in order that a public highway
may cease to exist as public property, subject to public access and use;
and
WHEREAS, generally, throughout the period between 1907 and the
present, the portion of Long's Bar Road between Colina Way and what is
now known as the Diversion Pool has been used continuously by the public
as a fire road, to access the Feather River, and, since the construction
of the Lake Oroville dam was completed in approximately 1969, to access
the Diversion Pool, fishing ponds near the Diversion Pool and hiking and
equestrian trails near the Diversion Pool; and
WHEREAS, on December 14, 2004, a number of residents of the
neighborhood known as the Western Pacific Addition addressed the Board
2
of Supervisors, during a public meeting, concerning the temporary
inability of the public to use the road for the purposes set forth above
for which it had traditionally been used, due to the fact that a
resident of the neighborhood who lives immediately adjacent to the
portion of the road between Colina Way and the Diversion Pool had
obstructed the road; and
WHEREAS, said obstruction of the above referenced portion of Long's
Bar Road constituted a public nuisance; and
WHEREAS, Butte County District Attorney Mike Ramsey, pursuant to a
request from the Board of Supervisors, has arranged for the removal of
the obstruction; and
WHEREAS, the Board of Supervisors wishes to retain the County's
easement aver the portion of the road between Colina Way and the
Diversion Pool, so that the public may continue to use said portion of
the road in the manner in which it has traditionally been used since
1907; and
WHEREAS, unfortunately, at the present time, there is insufficient
revenue to permit maintenance of the above referenced portion of the
road; and
WHEREAS, the above referenced portion of the road is unpaved; and
WHEREAS, Government Code section 831.4 provides generally that
counties are not liable for injuries caused by a condition of any
3
unpaved road which provides access to fishing, hunting, camping, hiking,
riding, including animal and all types of vehicular riding, water
sports, recreational or scenic areas and which is not a county highway.
NOW, THEREFORE, BE IT RESOLVED, that:
1. Pursuant to the Board's relevant constitutional and statutory
authority, including, but not limited to Chapter 14 of the Butte Caunty
Code, Division 2 of the Streets and Highways Code and the Government
Code, the Board hereby terminates the "public highway" status of the
portion of Long's Bar Raad between Colina Way and the Diversion Pool
described in the attached legal description and designates the same
portion of Long's Bar Road as an unmaintained recreational access road.
2. 'the Department of Public Works is hereby directed to post in
appropriate locations signs indicating that the above referenced portion
of Long's Bar Road is unmaintained, that users of the road sha11 use it
at their own risk, that users of the road shall nat disturb residents
immediately adjacent to the road and signs limiting parking to areas
which facilitate free use of the road.
3. No fee or consideration shall be charged to the public for use of
said road.
4
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, State of California, on the i3 th day of June 2006 by the
following votes:
AYES: Supervisors Connelly, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES : Nane
ABSENT : None
NOT VOTING: None
Curt Josiassen, Chairman
Butte County Board of Supervisors
ATTESTED:
Paul McIntosh
Chief Administrative Officer
and the Clerk of the Board
e
5