HomeMy WebLinkAboutEsquon and Hamlin Road Abandonment 12.23.08 Please reply to the Yuba City Of ice
December 23, 2008
VIA U. S. POST
Curt Joslassen, Chairman
Butte County Board of Supervisors
25 County Center Dr.
Oroville, CA 95965
Reference: Esquon & Hamlin Road Abandonment
Dear Honorable Board of Supervisors:
I am contacting you on behalf of Rancho Esquon, Inc.,which is seeking the abandonment
of Hamlin Road and a portion of Esquon Road south of Durham-Dayton Highway in Butte
County. The Planning Commission approved a resolution stating that the abandonment is
consistent with Butte County's General Plan so Ion- as Butte County reserves an easement for a
future street or highway, pursuant to Street &Highways Code §8340(b). Presumably the County
would be reserving an easement over the portion of Esquon Road that is to be vacated.
Rancho Esquon is concerned with the open ended nature of the Planning Commission's
reservation of an easement for a future roadway. The effect of the proposed language is such
that Rancho Esquon would obtain the requested abandonment, subject to revocation at any time
by the County. It is possible that the Board could vacate the road today and then take it back
next month. Such a situation does not serve the overall purposes of Rancho Esquon in
requesting the abandonment. Rancho Esquon's property is continuously damaged by the
vandalism, theft, and illegal dumping that occurs on this remote roadway. Rancho Esquon wants
the road to be securely privatized so that they can better control this problem.
As an alternative, Rancho Esquon is agreeable to offering the County a dedication of a
future public road conditioned upon the occurrence of a change in the surroundings reasonably
necessitating, a public street or highway. Rancho Esquon urges the Board to vacate the road as
recommended by the Planning Commission. However, Rancho Esquon proposes that the
FIVI'MITIM'S I)OCLIInClItS,('Iieiits\Raiieh(,)Esquon,Inc"EsqUon Road VacationA.tr.to Board of Sups,02.doc
KELLEHER &OLIVERA, LLP
Page 2 of
County's ability to accept the dedication of public road be conditioned upon some reasonable
change in the character or activities in the Durham-Nelson area. Perhaps the offer of dedication
could be conditioned upon the occurrence of a subdivision, subject to the California Subdivision
Map Act, of Rancho Esquon.I This proposal gives both parties what it desires. The County
maintains the power to take back a public road should there ever be a development proposal on
Rancho Esquon. while Rancho Esquon secures the private nature of the road in protecting their
agricultural activities and migratory bird habitat.
We respectfully recommend that the Resolution of Intent to Vacate be modified to place
reasonable conditions upon the County's ability to accept the offer of road dedication. Thank you
for your attention to this matter.
Restf Ily,
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Enclosures (None)
cc: Jane Dolan
Kim Yamaguchi
Bill Connelly
Maureen Kirk
Steve Lambert
C. Brian Haddix
Stuart Edell
Meaning a subdivision of any of the Rancho Esquon,Inc.parcels adjacent to Esquon Road(APNs 038-160-034;
038-160-040;040-140-014,015,020,021,031,and 066).
Ltr.to Board ot'Sups.02.doc