HomeMy WebLinkAbout10-111.Resolution
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
VACATING A PORTION OF THE PUBLIC RIGHTS OF WAY ON AGUAS FRIAS ROAD
AT BUTTE CREEK
WHEREAS, a public hearing was held before the Board of Supervisors of the County of
Butte, State of California, on July 27, 2010, in the Board Chambers, Butte County Administration
Building, 25 County Center Drive, Oroville, California; and
WHEREAS, notice of the time and place of the hearing on the request for the vacation was
duly and regularly given as required by law; and
WHEREAS, this Board has approved the construction of a new bridge on Aguas Frias Road
at Butte Creek, the Notice of Completion of Construction having been filed on December 9, 2009
under Butte County Recorder's Serial Number 2009-0044247; and
WHEREAS, the construction also straightened the alignment of Aguas Frias Road making
portions of the former alignment unnecessary for public road purposes; and .
WHEREAS, the vacation of these unnecessary rights of way was anticipated when new
rights of way were acquired from the adjoining property owners, these ,parcel being shown as
Abandonment A, B and C on the Aguas Frias Road Right of Way Map (Butte County Public Works
File E-2552); and
WHEREAS, the Agreement for Acquisition of Real Property for Public Road Purposes,
County Contract X15258, between C. William Johnson etal. and Butte County, requires the County
to abandon (vacate) the public rights in Abandonment A back to owner, said lands to be combined
with and become a part of adjoining lands of owner; and
WHEREAS, the Agreement for Acquisition of Real Property for Public Road Purposes,
County Contract X1525, between Brent Owen and Butte County, requires the County to abandon
(vacate) the public rights in Abandonment B and C back to owner, said lands to be combined with
and become a part of adjoining lands of owner; and
WHEREAS, the utility companies have requested reservation of Easements to allow them
to continue to operate and maintain their facilities; and
WHEREAS, testimony and evidence, both oral and documentary, was received by the
Board.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors:
1. The proposed vacation of these public rights of way does not have a significant
effect on the environment.
2. The public rights of way in question, as hereinafter described, are unnecessary far
present public road use.
3. The public rights of way situated in the County of Butte, State of California, as
hereinafter more particularly described, are hereby vacated pursuant to Chapter 3 of Part 3 of
Division 9 of the California Streets and Highways Code (commencing with Section 8320).
4. The said public rights of way so vacated are located in the unincorporated area of the
County of Butte, State of California, are identified as Aguas Prias Road at Butte Creek, and are
more particularly described in the attached Exhibit A as Abandonment Parcels A, B and C.
5. The map showing the public rights of way hereby vacated is on file in the Office of
the Butte County Department of Public Works, 7 County Center Drive, Oroville, California 95965.
6. 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 27th day of July
2010, by the following vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly
NOES: None
ABSENT: lone
NOT VOTING: none
Bill Connelly, Chair, B e County
Board of Supervisors
ATTEST:
Scott Tared Interim
Chief ` mi~istrative Officer
And CI~rl~o Board
~' /J~ ~~