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RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
VACATING A PORTION OF AN UNNECESSARY PUBLIC RIGHT OF WAY IN THE
TOWN OF NELSON BETWEEN THE SOUTHERN PACIFIC RAIL ROAD RIGHT OF WAY
AND AP 038-260-013, BUTTE COUNTY, CALIFORNIA
WHEREAS, a public hearing was held before the Board of Supervisors of the County of Butte,
State of California, on November 9, 2009, 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 an the request for the vacation was
duly and regularly given as required by law; and
WHEREAS, the Planning Commission has considered this vacation, and found the request
consistent with the Butte County General Plan, as stated in Planning Commission Resolution 10-20;
and
WHEREAS, testimony and evidence, both oral and documentary, was received by the Board.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors:
The proposed vacation of this public right of way does not have a significant effect on
the environment.
2. The proposed vacation is in conformance with the Butte County General Plan.
3. The public rights of way in question, as hereinafter described, are unnecessary for
present public use.
4. 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).
5. 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 a portion of a public right of way in
the northerly portion of the Town of Nelson between the Southern Pacific Railroad and AP
038-260-013, County of Butte, State of California, more particularly described in the
attached Exhibit A, and shown on the attached Exhibit B.
6. The snap 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
959b5.
7. 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 9th day of
November 2010, by the following vote:
AYES: Supervisors Dalari,~ Kirk, Lamberti, Yamaguchi, and Chair Connelly
NOES: None
ASSENT: None
NOT VOTING: None
Bill Connelly, Chair, tte County
Board of Supervisors
ATTEST:
Paul Hahn
Chief Ad inistr five Officer
And Cl of .el~o~d
By
EXIIIBIT "A"
LEGAL DESCRIPTION
Ali that certain real property situate in the Town of Nelson, County of Butte, State of
California described as follows:
Being a portion of the Town of Nelson more particularly described as follows:
BEGINNING at a paint located at the intersection of the northerly line of the Town of
Nelson with the northerly extension of the westerly line of Block 32 as shown on that
certain snap bled for record on February 27, 1898 in 1Vfap Book i, at Page S$ in the Butte
County Recorder's Office;
Thence, along said northerly extension, and the westerly line of Blocks 31 and 32 and the
southerly extension of the westerly lzne of Block 31, South 16°07'00" East, 880.00 feet to
the southerly line of Antelope Street as shown on said Map;
Thence, along the southerly line of Antelope Street, South 73°S3'00" West, 23 AO feet to
the easterly right-of way line of the Southern Pacific Rail Road;
Thence, along the easterly line of the Southern Pacifio Rail Road, North l6°07'00" West,
880.00 feet to the northerly line of the Town of Nelson as shown on said Map;
Thence, leaving said easterly line, along the northerly line of the Town of Nelson, North
73°53'00" East, 23.00 feet to the point of beginning.
Containing 0.46 acres more or less-
T}ie basis of bearings for the above described property is the westerly right-of--way line of
Midway as shown on that. certain Record of Survey map filed for record on April 19,
1985 in Map Bonk 96, at Page 68 in the Butte County Recorder's Office. _
Date: "7- Z
J e~tiafr s M. Herrick PLS 5616
NorthStar Engineering
Exp. Date 9/30/2010
Exhibit "A"
Page 1 of 1
PROJECT
TO° DURHAM
MIDWAY
TO RICHVALLE
TO1NN OF
NELSON
~XH#BIT "B~,
N®rth~~~r.
EN~NEER1~
111 MISSIOh1 RANCH HLW., SYE. 100
CHICO. CALIFORNIA 95926
(530) 893-1600 FAX (530) 893-2113
JA ES M. NERRlCK 1'LS S6i8
EXP. DATE 9-30-tQ
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EXHIBIT "B"
~rth#~r
~~~~~~
111 MISSION RANCH BLVO., STE. Y00
CHICO, CALIFORNIA 95926
{530) 993-1600 FAX {53D) 893--2113
SCALE: i" 200'
St fi'07'xx"E
17x.00'
dDB N0. D4-084
SHEET 2 4F 2