REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  October  3, 2017
CATEGORY:  Scheduled Hearings - Public Works-7.

SUBJECT:

Old 44 Drive – Abandonment

Supervisorial District No. :  3

DEPARTMENT CONTACT:  Pat Minturn, Public Works Director, (530) 225-5661

STAFF REPORT APPROVED BY:  Pat Minturn, Public Works Director

RECOMMENDATION

Take the following actions to consider abandonment of an excess right-of-way along Old 44 Drive (County Road No. 3H05) (Palo Cedro area): (1)  Conduct a public hearing; (2) close the public hearing; and (3) adopt a resolution which approves the abandonment of an excess right-of-way.

SUMMARY

Abandon excess right-of-way along Old 44 Drive due to a vague legal description.

DISCUSSION

In 2012, the Palo Cedro Bike and Pedestrian Improvement Project extended sidewalks along Old 44 Drive.  The necessary rights-of-way were graciously dedicated by the Millville Grange and Eddie & Jeannette Axner.  Unfortunately, the associated legal descriptions were ambiguous.  The intent was to dedicate a road easement extending 38 feet southerly from the centerline of Old 44 Drive which is also a Section Line.  However, the parent parcels may not extend to that centerline because it’s a former State Highway.  It is recommended that the Board adopt a resolution to abandon any such interests which the County might possess beyond 38 feet from centerline.

ALTERNATIVES

The Board may decline to abandon the right-of-way.  Titles would remain clouded.

OTHER AGENCY INVOLVEMENT

County Counsel has approved the resolution as to form.  The recommendation has been reviewed by the County Administrative Office.

FINANCING

Adequate revenues and expenditures to manage County road rights-of-way were included in the Adopted 2017/18 Road Fund Budget.  There is no General Fund impact.