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HomeMy WebLinkAbout09-113~esolut~ion RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE TERMINATING A PORTION OF BERRY CREEK ROAD AS A PUBLIC HIGHWAY AND ESTABLISHING THE SAME PORTION OF BERRY CREEK ROAD AS AN UNMAINTAINED RECREATIONAL ACCESS ROAD 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, as to accommodate the construction of the Lake Oroville Reservoir, on February 1$, 1969, the Butte County Board of Supervisors passed Resolution No. 69-36 which included abandonment of a portion of Berry Creek Road as the same existed January 1, 1962, 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 {SE1/4 of NE1/4) 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 portion of Berry Creek Road between Bloomer Hill Road and Lake Oroville, generally described in Exhibit A, had been used continuously by the public as a fire road and to access Lake Oroville and several otherwise inaccessible 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 io be generally accessible in good weather, but which remains in its original unpaved condition; and WHEREAS, unfortunately, at the present time, there is insufficient revenue 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 on Berry Creek Road be blocked by removable bollards to prevent the occurrence of an illegal garbage disposal area and to continue to allow fire and recreational access; and WHEREAS, Government Code Section 831.4 provides generally that counties are not liable far injuries caused by a condition of any 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 County Code, Division 2 of the Streets and Highways Code, and the Government Code, the Board hereby terminates the "pubic highway" status of the portion of Berry Creek Road between Bloomer HiIi Road and the portion previously abandoned with Butte County Board of Supervisors Resolution 69-36, on February 18, 19b9 described in the attached legal description and designates the same portion of Berry Creek Road as an unmaintained recreational access road. 2. The Department of Public Works is hereby directed to install removable bollards or other appropriate gates and to post in appropriate locations signs indicating that the above referenced portion of Berry Creek Road is unmaintained, that users of the road shall use it at their own risk, that users of the road shall not disturb residents immediately adjacent to the road and signs limiting parking to areas which facilitate free use and fire access to the recreational access road. 3. .No fee or consideration shall be charged to the public for use of said recreational access road. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 23rd day of June, 2009, by the following vote: AYES• Supervisors Dolan, Kirk, Lamberti, Yamaguchi, and Chair Connelly NOES: None ASSENT: None NOT VOTING: None Bill Connelly, Chair, Butte County Board of Supervisors ATTEST: Greg G. Iturria, rim Chief Administrative fiver and Clerk o B d ~ By. ~~ eputy EXHIBIT "A" PORTION OF BERRY CREEK ROAD TO BE TEMINATED AS A PUBLIC HIGHWAY AN.D 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 OS° ~9' 3S" East 2,668.96 feet; Thence from said point of beginning Southerly and along said existing road to the Iine running perpendicular to said Berry Creek Road from the point of north side intersection with Bloomer Hill Road in the Southeast Quarter of Section 29.