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HomeMy WebLinkAbout09-099RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE GIVING NOTICE OF A PUBLIC HEARING TO TERMINATE A PORTION OF BERRY CREEK ROAD AS A PUBLIC HIGHWAY AND ESTABLISH THE SAME PORTION OF BERRY CREEK ROAD AS AN UNMAINTAINED RECREATIONAL ACCESS ROAD WHEREAS, as to accommodate the construction of the Lake Oroville Reservoir, on February 18, 1959, the Butte County Board of Supervisors passed Resolution No. 59-36 which included abandonment of a portion of Berry Creek Road as the same existed .lanuary 1, 1952, across a portion of Sections Seventeen{17), Twenty (20), and Twenty-one (21) of Township Twenty-one (21) North, Range Five (5) East, Mount Diablo Meridian; said portion also being that portion of Berry Creek Road which extends northerly and northwesterly from the south line of the Southeast Quarter of the Northeast Quarter {SE 114 of NE 114) of said Section 20 to its terminus point at Berry Creek Station located in the Southeast Quarter of said Section 17; and WHEREAS, generally, throughout the period between 1969 and up until the roadway subsequently became impassible due to erosion, the unpaved portion of Berry Creek Road between Bloomer Hill Road and Lake Oroville, as described in Exhibit A attached hereto, had been used by the public as a fire road and to access Lake Oroville and several otherwise inaccessible unoccupied private and Plumas National Forest parcels; and WHEREAS, the Butte County Department of Public Works recently upgraded the condition of the above referenced portion of the road, as described in Exhibit A, to be generally accessible in good weather, but which remains in its original unpaved condition; and WHEREAS, at the present time, there is insufficient revenue or maintenance priority to permit further maintenance of the above referenced portion of the road; and WHEREAS, the Berry Creek Community Association, as a representative body acting on behalf of the interests of the residents of Berry Creek, has contacted the Butte County Department of Public Works requesting that regular vehicular access an Berry Creek Road be blocked by removable bollards to prevent the creation of an illegal garbage disposal area and to continue to allow fire and recreational access; and WHEREAS, relevant law under California Streets and Highways Code Section 954.5 provides that the Board of Supervisors may, by resolution, terminate the maintenance of any county highway if it Ends that the highway is unnecessary for the public convenience subject to evidence taken at a public hearing set in accordance with procedures for vacation of a public street, highway, or service easement set forth in Sections 8323 and 8324 of said Streets and Highways Code; and WHEREAS, pursuant to Sections 8323 and 8324 of the California Streets and Highways Code this Board shall set a date, hour, and place for a public hearing as described above; and WHEREAS, relevant law under California Government Code Section 831.4 also provides generally that public entities are not liable for injuries caused by a condition of any unpaved road or trail 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; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors: 1. That this Board hereby gives notice that at its regular meeting on June 23, 2009, at 9:45 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 termination of the "pubic highway" status of the portion of Berry Creek Road between Bloomer Hill Road and the portion previously abandoned with Butte County Board of Supervisors Resolution 69-36, on February 18, 1969 described in the attached Exhibit A and the designation of the same portion of Berry Creek Road as an unmaintained recreational access road, with the following reservation: EXCEPTING AND RESERVING THEREFROM, Pursuant to the provisions of Section 8340 of the California Streets and Highways Code and for the benefit of the adjoining properties the rights of ingress and egress, in, upon, over, under, and across the portion of Berry Creek Road described in the attached Exhibit A. ALSO EXCEPTING AND RESERVING THEREFROM, a public services easement for existing utilities and any existing easements with rights of ingress and egress, in, upon, over, under, and across the portion of Berry Creek Road described in the attached Exhibit A. 2. That a map showing the public highway to be terminated and established as an unmaintained recreational access road is on file in the Office of the Butte County Department of Public Works, 7 County Center Drive, Oroville, California 95965. 3. That at the conclusion of said hearing the Board intends to terminate said portion of Berry Creek Road as a public highway and designate the same portion of Berry Creek Road as an unmaintained recreational access road. 4. That this proceeding is being conducted pursuant to Sections 954.5, 8323, and 8324 of the California Streets and Highways Code and Section 831.4 of the California Government Code. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 9th day of June, 2009, by the following vote: AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly NOES: None ABSENT: None NOT VOTING: None ATTEST: G~ an B~ Bill Connelly, Chair, Butte County Board of Supervisors Officer EXHIBIT "A" PORTION OF BERRY CREEK ROAD TO BE TEMINATED AS A PUBLIC HIGHWAY AND ESTABLISHED AS AN UNMAINTAINED RECREATIONAL ACCESS A PORTION OF Berry Creek Road as the same existed January 1, 1962, across a portion of Sections Twenty {20), Twenty-one (21}, Twenty-eight (28), and Twenty-nine {29}, Township Twenty-one (21} North, Range Five (5) East, M.D.M., more particularly described as follows: BEGINNING at the point of intersection of said Berry Creek Road with the South Line of the Southeast Quarter of the Northeast Quarter (SE1/4 of NE1/4) of said Section 20 from which point the Southeast Corner of said Section bears South 08° 49' 35" East 2,668.96 feet; Thence from said point of beginning Southerly and along said existing road to the line running perpendicular to said Berry Creek Road from the point of north side intersection with Bloomer Hill Raad in the Southeast Quarter of Section 29. 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