HomeMy WebLinkAboutM100974-I~~= ---___=====4ctohez4,=137 _______________
RECONVEPTED: The Board reconvened at 9:00 a.m. Present: Supervisors Cameron,
Gilman, Ladd, McRillop and Chairman Madigan. Clif Nickelson,
r',dministrative Officer, Dan Blackstock, County Counsel, Brian
Rix, deputy county counsel, and Clark A. Nelson, County Clerk,
by Margie Catt, Board o€ Supervisors Clerk.
74-1527 PUBLIC HEARING ON SUBDIVISION CO~tITTEE APPEALS: BANGOR AREA
The hearing on the appeals from Subdivision Committee decisions
concerning the land divisions in the Bangor area was held at this time.
Bettye Blair, Planning Department, set out the background of this hearing.
The property is on the west side of the LaPorte Road. Appeals were filed
by: Ann Aowse (Davis}, Ben Culet, Mary and Ralph Starnes and Robert and
Caryol Moorman. Copies of the Subdivision Committee minutes and the
family tree for these transactions presented to the Board members. Mrs.
Blair offered into a vidence the following:
28-1 Portion of the family tree of deeds
28-2 Portion of the family tree of deeds
28-3 Portion of the family tree of deeds
28-4 Portion of the family tree of deeds
Supervisor Gilman felt it would be well if the Subdivision Committee
gave a brief rundown on the hearings they held and how they reached a
conclusion in these matters. The Committee held several hearings on this
issue. These violations were brought to the committees attention by the
Department of Public Works. Mrs. Blair referred to the tree setting out
the final ownership.
the Clerk:
The following exhibits were received and marked as evidence by
28-5 Minutes of Board of Supervisors dated
28-6 Minutes of Subdivision Committee, dated August 19th
28-7 Minutes of Subdivision Committee, " " " page 2
28-8 " " " page 3
28-9 Assessors Parcel Map 28-27
28-ZO Family tree of ownership of parcels
The committee on review of the documents found that return
addresses for documents, in many cases, were similar. Mrs. Blair set
out the names of persons that received their documents at certain P.O.
Boxes .
Supervisor Gilman requested that PSrs. Blair straighten+out:-far
him from the first two divisions on. What were the dates on those; the
initial sale was August 19, 1969 to Ben Culet.
Mrs. Blair introduced into evidence Exhibit 28-11, setting out
the division of the parcelse
Supervisor Gilman asked if the name Wiley Hatter hai been given a
body; has it been established as a fictitious name? It was stated that the
State Department of Real Estate has stated that Mr.Hatterdoes have a real
estate license, but that they had never met the man.
Mrs. Blair explained the matter of a license agreement.
Hearing opened to the audience.
Appeasing: Robert"Lenhard, attorney at law, Marysville,
Page 322. October 9, 197~t
_ _ _ _ _ _ _ _ _ _ _ _____Qcigheg 4 , =1374 = _ _ _ _ _ _ _ - - _ _ _ _
appearing as attorney for Mrs, Davis and Ben Culet and on behalf of all
parcels on which a decision was reaohed on August 19th by the Subdivision
Committee in the Bangor area. Mr. Lenhard filed the original copy o
his statement concerning this matter, He said he had no interest in this
matter other than his appearance as representative for his clients.
Statement read and discussed. Mr, Culet was the broker for the sale of
these parcels; he feels that he was within the law. The State enabling
Legislation states that the County may deny the parcel divisions but there
are two conditions upon which the denial must be based. Would the
development be detrimental to the public health or public safety? Mr. Lenhard
did not think it would.
Mr. Lenhard said he would recommend or suggest that the Board
members go out and take a look at the s~:bdivision and tell them if the
developmenC would be detrimental to the health and safety of the public.
Mr. Lenhard feels that the development would comply with the subdivision
regulations.
Supervisor Ladd felt that this development was handled under the
lot split manner rather than under the subdivision map procedure. These
parcels were created from a relative few parcels to many parcels. Mr. Culet
does not feel that it is an improper division; Mr. Lenhard feels that it is a
good division of property. Mr. Culet did plan this division of the property.
Mr. Culet feels that before the County can flag property or make a finding,
they have to find that an illegal split has been made.
Mr. Lenhard feels that these innocent people should be told
what is wrong with the land. He again requested that someone from the
County go out and look at the property and tell them what needs to be done.
He does not know what Mr. Culet would be willing to do; Mr. Culet does feel
a legal and moral obligation to these people.
Time spent discussing whether these people could apply for
Certificates of Compliance and the costs for said application.
2. Mrs. Mary Starnes, She asked why the property owners would
have to file for certificates of compliance, and why it took so long for
this problem to have been found.
It was suggested that the hearing be continued and that further
research be made. Supervisor Gilman said the Board would want to make a
determination that is legal; he will not rubber stamp a map that looks
illegal to him. Supervisor Gilman said he has sympathy with those folks that
are not involved at all but are innocent purchasers.
Supervisor Ladd agreed with Supervisor Gilman statements. He did
not thi k the Board could declare these properties legal or illegal; he
has not heard any direct statements from County Counsel that this was an
illegal transaction. It was suggested that these could be sent back to
the Subdivision Committee to grant certificates of complianceo If the
property is in violation of the subdivision act, then the County should not
issue certificates of compliance.
Supervisor Ladd said that for the determination in this matter,
the Board should ask for a map showing the access roads. Mr. Lenhard
said he would furnish the Board members with a map of the area.
Public 43orks would also need some definitive maps of the area.
Map should show where the right~of-ways were located and drainage swales
that would affect the property.
Page 523.
October 9, 1974
_ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ c.toh er 4 , =1474 = _ _ _ _ _ _ _ _ - _ -- _ - _
Mr. Lenhard again stated that thr.y could furnish the Board with
the maps; they would like to have 10 days to get the maps together.
Mr. McEnespy said the subdivider had provided them with a preliminary
map and he would like some direction from theBoard as to whether they
should review this as a rural subdivision. Supervisor McKillop felt this
should be considered as a rural subdivision. Health Department will
determine the availability of sanitary elements, water, etc. Supervisor
McKillop stated that maybe if Che State Department of Real Estate knows
that the County is conducting hearings on this, they could give the County
some type opinion on it. It was suggested that the transcript of this
hearing be sent to the State.
The following exhibits were received into evidence:
28-12 Letter from Ben Culet to the property buyer
28-13 Letter from Ben Culet to the property buyer
28-14 Letter from Ben Culet to Jay P. Sanders
28-15 Letter from Ben Culet to Joan C. Fugina
28-16 Receipt for certified mail signed by Ben Culet
28-17 Photocopy of letter to Mr. McEnespy
Mr. M.,^.Enespy stated that it was his understanding now that
Mr. Lenhard would supply them with maps, information as to septic tanks
and the availability of water,
On motion of S~ipervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, the hearing on the Bangor area property was continue.`.
to November 13th, 1974 at 9:00 a.m., with the understanding that the Board
members would visit the area; that the Planning Department staff will
come bark to the Board with reasonable information to be contemplated by
this Board, and that Mr. Lenhard will furnish the information requested by
this Board, ie maps, etc.
RECESS: 11:00
RECONVENED: ll:t0
74-1528 iUBLIC HEARING ON MUNJAR AF:::A APPEALS
The public hearing to consider the appeals filed by the
property owners in the Munjar area was held at this time. Mrs. Blair
briefed the Board nn th=' background of this matter. The area is near
Chico. Several hearings were held by the Subdivision Cammittee. At
the hearings, consideration Maas given to the issuance of certificates of
compliance.
Property owners filing appeals were:
1. Mrs. [J'right
2. Leland Quaintance
3. Norman L. & Joy Hellman
4. Roger Farrara
5. Ray A. Goodman
6. Jack & Betty Goodman
7. Louis Venturinci & Donald Trott
Mrs. Blair offered the following documents as evidence:
47-I Tree of deed transaction
47-2 Assessor's Parcel map 47-10
Page 324. October 9, 1974
---------==-==October=9,=1974-====___ ________
47-3 August 12th minutes of Subdivision Committee
47-4 August 5 minutes of Subdivision Committee-iage 2
47-5 August 5 minutes of Subdivision Committee-page 3
47-5 August 5 minutes of Subdivision Committee-end of minutes
Supervisor Gilman asked about the size of the Mid-Valley Title
parcel of property. Mrs. Blair stated that it was less than b00 acres.
Mrs. Blair offered the family tree of parcel divisions as Exhibit 47-7.
Hearing opened to the public.
Appearing:
1. Mr. Palmer Hatch, of Phillip Houx law office, representing
Mrs, tdright. He said he was also here on behalf of Carl Leverenz, attorney
at law, who is representing Ray Gc:odman. They would like this matter
referred back to the Subdivision Committee for possible conditions to the
certificate of compliance. He requested that this hearing be continued to
a later date. He stated that he was going to make the same request in
regard to the Meridian Road property.
Supervisor McKillop suggested hearing from the other appellants
and see if they have the same requests.
2. Loyd Mulky, attorney at law, representing Mrs. Starnes. He
is also representing Mr. Meirs. He was just brought into this matter and
would like to request that this hearing be continued.
3. Frank Willis, attorney at law, representing the Hellmann.
He stated that they were bona fide purchasers and sold the property again
to bona fide purchasers. He asked who should make the application for the
certificate of compliance. He said they would d: whatever is necessary
if County Counsel would help them. The present owners are building on
the property. Mr. Rift stated that the owners of record apply for the
certificate of compliance. Mr. Willis stated he would follow the proper
steps for the certificate of compliance.
4. Hogan Matthews, attorney at law, representing Betty Lou Raker.
He requested that this matter be referred back to the Subdivision Committee
so they can apply for ttte certificate of compliance. They will work with the
committee and do what the committee would like them to do. Mrs. Raker
purchased this property and placed a mobile home on it. She received all
the permits from the County. Mro Hogan requested that this be referred back
to the Subdivision Committee to do what they can to rectify anything wrong
that might have been done.
5. Mrs. Larry 1Liller. S:ie stated that they purchased this
property two years ago and had a legal Title Search made. She asked what they
were in violation of and what they could do to clear the property. Mr. Rix
told her to apply for a certificate of compliance; he explained the purpose
of the certificate of compliance. He sta ted that this whole proceeding was
to determine if this land was divided improperly. if this is referred back
to the subdivision committee, they might recommend conditions.
Supervisor Gilman said that at this time, there is no cause
of action until. the Board determines if there has been a violation.
Whatever decision that the Board makes, then Mrs. Miller could take legal action
against the person she purchased the property from. Mrs. Miller stated
that she had the property surveyed through Valley Properties, Her property
is on Wilty Road; they were told that it was a county road,
Supervisor Gilman said to get this in to perspective, the problem
is that the Board has a map; they are trying to get at the person that is
continuously doing these land divisions. People purchase the land, but they
have no access and cannot secure permits to build or to put in a septic system.
This hearing is to determine if these divisions have been made in
accordance with the current law.
Page 325. October 9, 1974
IIctoher g,_1Q7~
6. Roger Farrara. He set out the location of his
property, stating that he has County access on the front. He cannot sell
this property because people cannot obtain permits to build. He asked what
he could do. He was told until some type determination has been made, he
cannot do anything. He was told that he could apply for a certificate of
compliance.
7. Myron Hamilton, Paradise. He owns about 10 acres
near the intersection. He pleaded innocent of any knowledge of any
wrong doing; he set out the background of the purchase of this property.
He feels that the property is worth what he paid for it. He has a septic
tank and he has applied for an electric permit. He said the p1oC plan
was lost by Mr. Glander's office.
8. Salome Guitierrez. He said they attempted to secure
a permit to place a mobile home on their property. The Subdivision Committee
did determine that a violation has occurred. They told him that he could
appeal to the Board of Supervisors.
Dan Blackstock, County Counsel, stated that it would be in order
to have "Frosty" Forrest Xoung, Manager of Mid-Valley Title Company, come
forward and set out the background of the division of this property and see
how it came about.
Mr. Forrest Young, Chico, was sworn and presented testimony regarding
the division of this property. He explained t'Ze actions of Mid-Valley Title
Company. They act only as they are directed by the principles. He said they
would be willing to .render their documents to the Board if they were subpoenad
Mr. Blackstock recommended that the Board issue a subpoena duces tecum
against Mid-Valley Title Company.
Supervisor Gilman said this Board does not expect an innocent
third party to do anything or hire anyone; these people have been the
victim of some sort of scheme.
Mr. Blackstock said he fe't that Mr. Young could be of great
help to theBoard. A subpoena will be issued and Mr. Young can bring ov~x the
records. The subpoena would apply to both the Meridian Road and the Munjar
Road praperties.
Company.
A subpoena was also authorized to be issued for the Western Title
The Meier appeal was continued to November 13th, at 9:00 a.m.
RECESS: 12:10
RECONVENED: 2:00
74-1529 CONTINUATION OF MUNJAR ROAD AND MERIDIAN ROAD SUBDIVISION COMMITTEE APPEALS
Chairman Madigan stated that at this time the Board would hear
from anyone that would like to be heard concerning the Munjar Road and Meridian
Road items. Appearing:
1. Forrest Young. He purchased a 20-acre parcel on Munjar Road,
The property was purchased from Jacqueline Santos. He requested that the
Board reverse the decision of the Subdivision Committee and rescind the notice
of violation.
Page 32b.
October 9, 1974
_____________October 9,_1974 _~_~___________
Mr. Young Baas questioned by Mr. Blackstock, concerning the
Deed of Trust on the property he had purchased. Mr. Young stated that
he had a verbal agreement with Jacqueline Santos.
Appearing: Mrs. Brush, Red Bluff, stated that sY:e had purchased
5 acres from Mr. Young. What do these actions do to her husband and herself.
She was told that until this matter is settled, there is nothing that can be
done. A notice of violation is not saying that she was in violation of
the law.
Mr, Blackstock ~suestioned Mrs. Blair concerning the parcel
conveyed to the Youngs. Mrs. Blair set out the family tree on the parcels
involved. Parcel 44 went to Helen Young and Parcel 45 went to Robert Young.
Mr. Blackstock requested that the needs be marked as exhibits so they can
be referred to in this hearing.
Time spent discussing the deed from Forrest Young to He1er Young.
Mr. Blackstock explained the legal manner in which to handle deeds.
P7x. Blackstock requested that the deeds be entered into evidence.
Plrs. Blair submitted the following c'.ocuments into evidence:
47.22-1 Assessors Map
47-22-2 Tree concerning the parceling of the property
47-22-3 Minutes of August 26 Subdi_~;ision Committee meeting; $ pages
47-22-4 n n n t n n n_
47-22-5 Minutes of August 12th Subdivision Commi=tee hearing
It was moved by Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, that all deeds be entered into record and that the
Clerlt give them their proper exhibit number.
The following deeds were received and marked as evidence:
47-22-6 Quitclaim Deed from Anthony :lantos to Jacqueline K. Santos
47-22-r7 Grant Deed from Jacqueline K. Santos to Justin T. Smith
47-22-8 Grant Deed from Jacqueline K. Santos to Stanley L, Hager
47-22-9 Grant Deed from Stanley L. Hager to JaAnn Schaad
47-22-10 Grant Deed from Stanley L. Hager to Gerald L. Hardesty
47-22-11 Grant Deed from Gerald L. Hardesty and Edna Jane Hardesty to
Richard Moniz and Barbara J. Moniz, husband and Wife, et al
47-22-12 Grant Deed from Stanley L. Hager to Glen F. Wood and Barbara
J. Wood, husband and wife
47-22-13 'must Deed (All inclusive) from Stanley L. Hager to Jacqueline
K. Santos
47-22-14 Grant Deed from Stanley L, Hager to Merritt C. Horning
47-22-15 Grant Deed from Rob^rt L, Lincoln to M. C. Horning
47-22-•16 Grant need from Beverly June Horning to Gary Straus and
Alva Straus, his wife
47-22-17 Grant Deed from Justin T. Smith to Robert L. Lincoln
47-22-18 Grant Deed from Justic T. Smith to Paula L. Nelson
47-22-19 Deed of Trust from Paula L. Nelsan to Justin T. Smith
47-22-20 Grant Deed from Justin T. Smith to Lester E. Wahi & Ethel I>
Wahl
47-22-21 Grant Deed from Justin T. Smith to A, Thomas Panages and
Jacqueline R. Panages, his wife
47-22-22 Grant Deed from Joann Schaad to Forrest B. Young
47-22-23 Grant Deed from Joann Schaad to Lloyd A. Meier and Norma L. Meier
47-22-24 Quitclaim Deed from Robert L. Lincoln and Marilyn J. Lincoln
Page 327,
October 9, 1974
---------=====4crohere,319Z4W =__________---
to Lloyd A. Meier and Norma L. Meier, husband and wife
47-22-25 Agreement for sale of real estate between Lloyd A. Meier and
Leon S. Batey and Allene Batey, husband wnd wife
47-22-2r Quitclaim Deed from Patrick H. Clewett and Merilyr. :~.
Clewett to Lloyd A. Meier andNorma L. Meier
47-22-27 Deed of Trust between Clarence Wayne 5qui11ace and Sandra
Lee Squillace to Forrest B. Young
47-22-28 Grant Deed from Clarence Wayne Squillace and Sandra Lynn
Squillace to Eugene P. Lutz and Dorothy A. Lutz
47-22-29 Grant Deed from Forrest B. Young and Helen Young to Clarence
Wayne 5qui11ace and Sandra L~rtn Squillace
47-22-30 Grant Deed from Forrest B. Young and Helen Young to Roiaert
F. Young
47-22-31 Grant Deed from Forrest B. Young and Helen Young to
Helen Young
47-22-32 Aeed of Trust between Clarence Wayne S quillace and Sandra Lynn
Squillace to Forrest B. Young
47-22-33 Grant Deed from Clarence Wayne Squillace and Sandra Lynn
Squillace to John S. Olausen and Nancy L. Olausen
47-22-34 Grant Deed from Glen F. Wood and Barbara J. Wood to
Jerome B. Cusick and Nannett E. Cusick
Additional deeds marked for exhibit as Exhibits 47-22-35 through
47-22-83 were received and marked for identification.
Mr. Biackstock asked if the people were aware that they had
their hearings continued to :November 13, 1974 at 9:00 a.m.
Mrs. Blair stated that they were make an effort to bring all the
evidence to the Board. Supervisor Gilman asked why there was the reasonable
evidence of violation as heard by the Subdivision Committee. The Committee
determined that there was no revenue tax stamps on Parcel 34; Mrs. Blair
set out the deed by the family tree.
On motion of Supervisor Gilman, seconded by Supervisor MclCillop
and unanimously carried, the Board authorized the Planning staff to determine
the relationships of the people on the Deeds; to come up with some definitive
relationships on these deeds, and that subpoenas be issued for those people
listed on the family trees that seem to show up on all the property divisions,
and that Planning Department present to the Board more information so they
can arrive at an intelligent decision.
Supervisor Gilman stated that he would like to know the
relationship of the people on the deeds of conveyance. The Board needy to
know the relationships in these transactions.
Mr. Blackstock said that Mr. Rix had brought up a gcod point.
He felt it might be helpful to the Board if they could subpoena in some of the
people that appear frequently on the deeds. It would be interesting to see
if they can be located.
The Board authorized the following to be subpoenad:
Ben Culet May Wright
Sharon Leigh Frazier aka Sharon L. Frazier, S. L•. Frazier, and
S. Frazier Merrill Horning
Wiley Hatter Betty Lou Raker
Charles Sill Justin Smith
Charles Murrey Scott Holland
Charles Dodson Jacqueline Santos
Jack Goodman Ray Goodman
Page 328.
October , 1974
October -„~ 1974_ W
All of the appeals on the Meridian Road and Munjar Road land
divisions continued to idovember 13, 1974 at 9:00 a.m.
SAKE CONCOW AREA APPEALS
Betty Blair gave the background information concerning the
Lake Concow area Land divisions. It was stated that some of the names
that appear on the family tree for these deeds appear on the deeds
of the other areas being discussed. Sequence of the creation of these
parcels set out by Mrs. B1 air.
Mr. Rix stated that he has received a call from Mr. Potter's
attorney, Mr. Rockwell, requesting that this hearing be continued.
Mrs. Blair presented documents into evidence.
On motion of Supervisor McKillop, seconded by Supervisor Gilman
and unanimously carried, the following documents were received into
evidef~ce, £or the Conccw area:
Exh=.bit 55-1 Assessor's Parcel Map No. 58-25
Exhibit 58-2 Assessor's Parcel Map No. 58-32
Exhibit 58-3 Family tree of division for 58-25
Exhibit 58-4 Family tree of divisions for 58-32
Exhibit 58-5 Overlay map, setting out the division of the
parcels by dates
Exhibit 58-6 Letter from W. J. Lightfoot to Bettye Blair, Planner
Exhibit 58-7 Title Tnsurance for Charles D. Finley and Marguerite
A. Finley, owners, and/c,r Wiley Hatter and
Mary Hatter
Exhibit 58-8 Butte County Title Company escrow statement for
Charles D. Finley et ux
Exhibit 58-9 Photocopy of payment book for Charles Finley
Exhibit 58-10 Title papers for Mr. Ben Culet for property sold to
C. B. Potter
Appearing:
Mrs. James Selken, owner of parcel 58-25-33. She stated
she makes her payment to Ben Culet; payments are sent to Dorothy Smith,
who handles the payments for Mr. Culet. Supervisor Gilman requested that
the Planning Department check ;with the State to determine whether Ben Culet
has a brokers license.
Chairman Madigan requested that Mrs. Selken bring in her payment
book and her cancelled checks t~ -_,ee who has been endorsing the checks and
where they were deposited. Mrs. Selken stated she would bring these
documents to the next hearing.
Survey of the property discussed, The Subdivision Committee
minutes show that Mr. Hamby did the survey work on this property.
Hearing continued to Wednesday, Btovember 13, 1974 at 9:00 a. m.
Dan Blackstock, County Counsel, wanted the records to show that
there were no other applicants or attorneys at this hearing,
Record should also show that Ben Culet and his attorney were
present at the morning hearing.
County Counsel was requested to have a subpoena issued for
Butte Cou_ity Title Company. Page 329.
October 9, 1974
_ _____________Rctokez~,=174====-__________
Chairman Madigan stated he would be in Sacramento tomorrow and
he would like to go by and talk to the State Department of Real Estate,
about the Munjar property. The Board members felt that he should discuss the
matter ;with them .
Hearings continued as follows:
Bangor and Concow property appeals: November 13, 1974 at 9:00 a.m.
Munjar and 1~Ieridian Road property: " " " afternoon.
RECESS; 4:10 to go into an executive session
RECONVENED: 5:05 following an executive session, which consisted of
discussion of personnel matters and litigation.
ADJOURNMENT:
There being nothing further before the Board at this time the
meeting was adjourned at 5:15 pam. to reconvene on Tuesday, October 15, 1974
at 9:00 a. m.
ATTEST: CLARK A. NELSON, COUNTY CLERK
~ ~ /~ airman of the Bo
By:
Board o ,upervisors Clerk
Page 330,
October 9, 1974