The road today named Cascadel Road of North Fork Madera
County California travels from Mammoth Pool Rd 225 northeasterly through
the Cascadel Woods subdivision onto Forest Service managed public land
and back out to Mammoth Pool Road. At one time this was the main and
only road to Hogue Ranch and onward. Prior to that this was a millennium
old Indian trail.
Today’s Cascadel Woods Subdivision proper lies almost entirely
within the south half of Section 16 Township 8S Range 23E MDB&M.
Up until the late fifties Cascadel Road was the only
road through Cascadel. At that time the subdivision was created along
with its various additional
Cascadel Road was built in
1877 before the Sections had been surveyed but after the Townships
were laid out and before the formation of Madera
County in 1893 had occurred. The road was built as was
common on established Indian trails. Cascadel Road was granted to
Fresno County in 1888 for
a public road by one George Wagner at which time the
Section survey had been completed and the road, the only road
through the South half
of Section Sixteen the area now known as Cascadel, was
described as the right of way for a public road, a strip of land sixty
through the south half of Section 16 Township 8S Range
This description referenced a road survey done in May
1888 by one JG Shepard. (The whereabouts of the survey are unknown.)
remains largely unchanged throughout the brief chain
When Madera County was formed
in 1893 the new county inherited Cascadel Road. Cascadel Road didn’t
change title until Madera County quit all claims to the deed granting
them to Cascadel Ranch Properties in
1967, nearly ten years after the first subdivision maps
were drawn. Two months after that Cascadel Ranch Properties dedicated
to public street use and offered it to Madera County.
Before that in 1956 Fresno
County quit all claims to the road granting them to Cascadel Ranch
Properties. This was odd considering Fresno County
had no claims to the road from 1893 onward. The Ranch
tried to create an exclusive private community, failed, apparently
decided to attempt
to secure Madera County maintenance for the road still
owned by Madera County so they then cleared the title by quitting
all claims back to
Fresno County in 1967, a required formality to clear
the title though they held no claim to the road at that time. Then
Cascadel Ranch secured
claim to the road by convincing Madera County to quit
all claims to the road and grant them to Cascadel Ranch which promptly
road to public street use and offered it to Madera County.
work. Madera County to this day has refused to maintain
Cascadel Road, which remains irrevocably dedicated to public use.
Cascadel Road through Section
16 is described with meets and bounds on various recorded surveyor’s parcel maps in almost its entirety.
One portion of Cascadel Road, where it passes though Lot 1 Subdivision
4 is not so described. The 1967 Offer-Of-Dedication references Parcel
Maps 43 and 44 which were not recorded and are unavailable. The portion
that passes through Lot 1 of Subdivision 4 is not shown with meets and
bounds on any recorded surveyor’s parcel map located to date.
The title to Lot 1 borrows the almost verbatim description of Cascadel
Road that started in 1888 and excepts the road right of way from Lot
1. In other words, a sixty-foot wide strip of land is not part
of the parcel. In the absence of meets and bounds the most compelling evidence
of a road’s location is the road’s actual physical location.
Cascadel Road does indeed pass through Lot 1. A party
who is planning to block Cascadel Road currently owns Lot 1.
The Cascadel Woods Property Owners Association has been using and maintaining
Cascadel Road for some forty odd years, by necessity as Madera County
does not maintain the road and Cascadel Road is absolutely critical
to the fire and life safety of our members as well as the sole route
across Whiskey Creek for large equipment and vehicles. Other property
owners performed maintenance as well.
In an effort to secure some
sort of written validation of the free open and public nature of Cascadel
Road as well as the Association’s
right to maintain Cascadel Road, the Association is asking
the Madera County Board of Supervisors to resolve to accept the 1967
recorded in 1969 with the stipulation that Madera County
will not perform maintenance and is under no obligation to perform
maintenance but rather
designates the Cascadel Woods Property Owners Association
for maintenance of Cascadel Road. Thence the Association would have
documentation to the effect that Cascadel Road is dedicated
to public use and maintained by the Association and under the jurisdiction
the RMA Road Department.