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1985-101684 ,r__RECORDING REQUESTED BY CLERK Of THE BOARD Of`SUPERYISORS 85 i®1681 Ritwn to: US A45 - 2095. �.f No. 8 WEDNESDAY,. MARCH 6, 1985 E?ECQRQ? Q IN ~— I OFFICIAL RErOM) ' �OF Still DIEGO COON TY,t41 #' `Re: Vacation of a Portion of ) 11th Street, 12th Street, ) VAC. 84-19 1985 MAR 27 M 10. 33_ '{{ and "C" Street Olivenhain) VERA L.LYLE I cc UN fY Ri C'dRUEft RESOLUTION VACATING EXCESS RIGHT-OF-WAY ( OF A COUNTY STREET HIGHWAY OR PUBLIC SERVICE EASEMENT NO FEE/ ON MOTION of Supervisor Bilbray seconded by Supervisor Golding the following resolution is adopted: WHEREAS, Mr. Daniel H. Wiegand has requested the vacation of the hereinafter described portion of a County Street, Highway, or Public Service Easement (Document No. 672643 ); and WHEREAS, Section 8334 of the Streets and Highways Code � , provides that the Board of Supervisors of any County may retain or may summarily vacate any portion of a County Street, Highway, or Public Service Easement which portion is excess right-of-way and not required for said highway; and WHEREAS, the County Planning and Environmental Review Board has recommended . ;a said portion of County Street, Highway, or Public Service Easement be vacated (Document No. 672643 ); and p WHEREAS, it appears to this Board that said portion of County Street, x. Highway, or Public Service Easement as recommended for vacation by said Planning and Environmental Review Board is not needed for present or prospective w use as a County Street, Highway, or Public Service Easement; NOW THEREFORE IT IS FOUND, DETERMINED, AND DECLARED that the right of way to be vacated ! is not useful as a non-motorized transportation facility and that the proposed vacation is not subject to the environmental impact review process; ACCORDINGLY, :T BE IT RESOLVED AND ORDERED that the vacation of the hereinafter described County Street, Highway, or Public Service Easement is consistent with the General Plan of the County of San Diego; and +' BE IT FURTHER RESOLVED that this Board of Supervisors finds that the hereinafter described portion of County Street, Highway, or Public Service Easement is excess right-of-way and not required for said highway; and � ► BE IT FURTHER RESOLVED that the hereinafter described portion of County <„ Street, Highway, or Public Service Easement be and is hereby vacated pursuant to the procedures prescribed by Chapter 4 (commencing with Section 8330), Part 3, Division 9 of the Streets and Highways Code: r4 rM d {� 2096 F Parcel No. 84-0370-A-1 Those portions of 12th Street and the Northerly 10.00 feet of 11th Street, both Streets lying adjacent to Blocks 69, 70, and 71, AND that portion of C Street, z lying between Blocks 70 and 71, all according to the Plat of the Colony' s Olivenhain, Map No. 326, filed in the Office of the County Recorder of the County of San Diego, State of California, said 12th Street and said Northerly 10.00 feet of 11th Street lying Westerly of the Westerly Right-of-Way line of zY.` s Rancho Santa Fe Road, Road Survey No. 454-A, 60.00 feet wide, according to Plat thereof filed in the Office of the County Engineer of said County EXCEPTING therefrom that portion lying within the Northerly 10.00 feet of said 1 11th Street and lying Southwesterly of the arc of a 48.00 foot radius curve, ' concave Southwesterly, the centerpoint of said curve being distant thereon South 73°37'19" East along the centerline of said 11th Street 88.01 feet from the Northwesterly corner of Parcel 1 of Parcel Map No. 10387, filed in the Office of said County Recorder. s 3 ' ALSO EXCEPTING therefrom that portion lying Southwesterly of the arc of a`10.00 foot radius curve concave Northeasterly which is tangent to both the arc of said a 48.00 foot radius curve and the Southerly line of said Northerly 10.00 feet of 11th Street. AND ALSO EXCEPTING therefrom that portion lying Southeasterly of the arc of a 20.00 foot radius curve, concave Northeasterly that is tangent to both, the Southerly line of said Northerly 10.00 feet of 11th Street, AND said Westerly right-of-way line of Rancho Santa Fe Road, Road Survey No. 454-A. RESERVING AND EXCEPTING from vacation and abandonment easements and rights pursuant to any existing franchise or renewals thereof, or otherwise, at any time, or from time to time, to construct, maintain, operate', replace, remove, w renew and enlarge lines of pipe, conduits, cables, wires, poles and other structures, equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines and for the transportation or distribution of r electrical energy and water and for incidental purposes icluding access to protect the property from all hazards in, upon, over and across the above described portions of highways proposed to be vacated and abandoned; and RESERVING AND EXCEPTING from vacation and abandonment easements and rights at any time and from time to time to construct, maintain operate, replace, remove and renew sanitary sewers, storm drains and appurtenant structures including access to protect the property from all hazards in, upon, over and across the above described portions of highways proposed to be vacated and abandoned. r>' 1 APPPOVED AS TO FORM A5D LEGALITI. y. OU,`t OUNSLL VAC.84-19 i 3/6/85 (8) DEPUTY X111 Owl 2097 - - - ' PASSED AND ADOPTED by the Board of Supervisors of the County ^ of San Diego, State of California, this 6th day of March, 1985 by the following vote: • AYES; Supervisors Bilbray, Bailey, Golding and Eckert NOES: Supervisors None { ABSENT: Supervisors Williams � ! m t r t; d Alft STATE OF CALIFORNIA County of San Diego ) as. t - I, PORTER D. CREMANS, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution passed and adopted by said Board, at a regular meeting thereof, at the time and by the vote therein stated, which original resolution is now on file in my office; that the same contains a full, true and correct transcript` therefrom and of the whole thereof. a Witness my hand and the seal of said Board of Supervisors, this 6th day of March, 1985 #8 PORTER D. CREMANS Clerk of the Board of Supe sors By B,rbara Thuresoon :■ (SEAL) Deputy VAC.84-19 36`85 (8) J I _ . .- 2098- Sin 6"P V TSON-.Resolution with map VACI 19 1 "Recorder (orig.) A33 (no map) w/copy to be conformed and returned ( File (temporary)/Livermore 0334 W/map , and recorded information when copy j t 5 returned from Recorder aroto j ?-DPW, Field Operations, Henry Sam/ Nancy Gerrish 0334 Traffic (Heys only) 0338 '+ 1-Real Property Division 0200 DPLu 0650 L. Sime # t ` 11 Registrar of Voters 034 k Mapping Section 0350 Wmap X11! 1-City of San Diego: Property 9B (all w/maps) 1-Systems Engineering 2797 Caminito Chollas. .SD 92105 1-Pacific Bell, Right of Way/ Liaison Office; 7337 Trade, Room 5410; San Diego 92121 - - 1-sDO&E, Box 1831, SD 92112 1-CALTRANS, Attn- W. R. Gibson; P. 0. Box 85406;SD 92138 THOMAS BROTHERS MAPS w/man S Attn: Rich Milliron, Drafting Supervisor; 17731 Cowan, Irvine 92714 j aaPetitioner: C)Ah%eL WuuOkti ju4 q abzq Mailed: p *Full Size **Signed & Sealed - Y� 1 �k q ' An1 � t ` lif r "p WHEN RECORDED, PLEASE MAIL i THIS INSTRUMENT TO: RECORDED REQUEST OF 2099 DEPT.GENERAL SERVICES Y Clerk,Board of Supervisors San,Diego County Administration Center 1600 Pacific Highway =t San Diego,California,92101 0 FEE NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDERS USE ONLY ! Offer To Dedicate Real Property Irrevocable � -�► Project VAC84-19, 11th St. ( 44 Assessor's P rc I W.O.No. TE2671 4 sE No. 264-�4 -03 Parcel No 84-0370-B ` Cog No. 968-9 DANIEL H. WIEGAND, n unmarried man a { hereinafter designated Grantor(s), represent that he f s the owner(t) of the hereinafter described real property, and for a valuable consideration hereby make(s) an irrevocable Offer of Dedication of the hereinafter des cribed real property for the following public purpose: PUBLIC HIGHWAY � . The real property referred to above is situated in the unincorporated area of the County of San Diego,State of California, and is more particularly described as follows: Parcel No. 84-0370-B (10-31-84) (JA-DMW:at) 0 That portion of Block 69 of Colony Olivenhain, Map No. 326, filed in the Office of the County Recorder of the County of San Diego, State of California, lying Southwesterly of the arc of a 48.00 foot radius curve, concave Southwesterly, the centerpoint of said curve being distant thereon South 73 037119" East along the centerline of 11th Street 88.01 feet from the Northwesterly corner of Parcel 1 of Parcel Map No. 10387, filed in the Office of said County Recorder. fr �' r CCSF,86.32,5/77 :V` ` V. X "7a 10.0 The Grantor hereby further offers to the County of San Diego the privilege and right to extend drainage structures and,excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said County Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns,the right to eliminate such slopes and/or drainage structures or portions thereof,when in the written opinion of the County and/or District Engineer of Grantee,the necessity therefore is removed by substi- tuting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said } , Engineer(s). The Grantor hereby further offers to Grantee all trees,growths(growing or that may hereafter grow),and road building `•. materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction,reconstruc- tion,improvement or maintenance of said highway. k The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, land- scaping or maintenance of said highway, r� { 1 r � .1 . fir... CCSF 85.32-5/77 9 > z a t{ 2101 . This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by the city council of the city within which such real property is located at the time of accep- tance or,if located in the unincorporated territory,by the Board of Supervisors of the County of San Diego. This Offer of Dedication may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the vacation of streets or highways by Part 3 of Division 9 or Chapter 2 of Division 2 of Streets and Highways Code of the State of California,whichever is applicable. Such termination and abandonment maybe made 3 by the city council of the city within which such real property is located,or if located in the unincorporated territory, by the Board of Supervisors of the County of San Diego. ' a j This Offer of Dedication shall be irrevocable and shall be bin din on the Grantorbtt hi c administrators,successors and assigns. g heirs,executors, In WitnQss Whereof, the GrantorlC91 has used this Irrevocable Offer of Dedication to be executed this 2_1 day of--2A13 1 f DANIEL H. WIEGAND STATE OF �. County o _ 00 3 SS. z On 7- �. , �� Z� 1985, before me, the undersigned, a Notary�l said County and State y Public in and for personally_aPPeared proved to me on the basis of satisfactory evidence, to be the persons whose names is (are) subscribed to the within instrument and acknowledged that —he— executed I WITNESS my hand and official seat. — the same. Signature OFFICIAL SEAL Barbara E. Medley NOTARY PUBLIC CALIFORNIA CT PRINCIPAL OFFICE IN Name Typed or Printed SAN OIFGO COUNTY MY COMMISSION EXPIRES MARCH 18,1986 s +j or ?Cia notarial seal) I certify on behalf of the Board of Supervisors of the County of San Diego pursuant to authority conferred by Resolu- tion of said Board adopted on March 20, 1979, that the County of San Diego consents to the making the foregoing Irrevocable Offer and consents to recordation thereof by its duly authorized officer. { Dated Q � 1�11T5 I FRANK C.DEMLIPIG,Chief Real Property Management Division Department of General Services CCSF,86.32,Sn7 WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: - Clerk, Board of Supervisors San Diego County Administration Center 1600 Pacific Highway San Diego, CA 92101 t Recorded Request of Dept. General Services NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY SUBORDINATION AGREEMENT ` NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT Project VAC84-19 11th St. Assessor's Parcel W. 0. No. TE2671 FR No. 264-142-03 Parcel No. 84-0370-B Log No. 969-8 WHEREAS, that certain Deed of Trust formally under the name of Marie E. Wiro, now under control of her trust wherein CLARA LOUISE KERR, a married woman and i LORRAINE CHARLOTTE WIRO, a widow are trustees of the Marie E. Wiro trust dated i December 5, 1979, control the Beneficial interest, C t j and DANIEL H. WIEGAND, an unmarried man 0 f collectively called TRUSTOR and TITLE INSURANCE AND TRUST COMPANY, a California corporation called TRUSTEE 1. and recorded JUNE 8, 1979 as File/Page No. 79-235926 in the Office of the Recorder in the County of San Diego, State of California; and WHEREAS, said BENEFICIARIES are the owners and holders of the note and other evidence of indebtedness for which said Deed of Trust was given for security; and M i WHEREAS, TRUSTOR om will execute and deliver or as have executed and delivered to the o County of an Diego, State of a i ornia, that certain DOCUMENT(S) or an r` l g IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC HIGHWAY `� which DOCUMENT(S) is/are set forth hereinafter as follows: Y 'Y WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: 210`3 Clerk,Board of Supervisors Sara Diego:County Administration Center 1 r 1600 Pacific Highway :. San Diego;California,92101 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY Irrevocable Offer To Dedicate Real Property ' Asse ss' r I Project VAC84-19, 11th St. No. A-M103 W.O. No. TE2671 Parcel No. 84-0370-B Log No. 968-9 DANIEL H. WIEGAND, 1 an unmarried man a hereinafter designated Grantorps), represent that he is the owner(t) of the hereinafter described real property, and for a valuable consideration hereby make(s) an Irrevocable Offer of Dedication of the*hereinafter des- cribed real property for the following public purpose: PUBLIC HIGHWAY The real property referred to above is situated in the unincorporated area of the County of San Diego,State of California, and is more particularly described as follows: Parcel No. 84-0370-B (10-31-84) (JA:DMW:at) . That portion of Block 69 of Colony Olivenhain, Map No. 326, filed in the Office of the County Recorder of the County of San Diego, State of California, lying Southwesterly of the arc of a 48.00 foot radius curve, concave Southwesterly, the ; centerpoint of said curve being distant thereon South 73 037'19" East along the .?° centerline of 11th Street 88.01. feet from the Northwesterly corner of Parcel 1 of Parcel Map No. 10387, filed in the Office of said County Recorder. me - - r CCSF,86.32,W • 4 i y... 2104 - - - The Grantor hereby further-offers to the County of San Diego the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right of-way where required for the construction and maintenance of said County Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns,the right to eliminate such slopes and/or drainage structures or portions thereof,when in x the written opinion of the County and/or District Engineer of Grantee,the necessity therefore is removed by substi- tuting other protection,support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). wr i' The Grantor hereby further offers to Grantee all trees,growths(growing or that may hereafter grow),and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper,r,needful or necessary,ry, in the construction,reconstruc- tion,improvement or maintenance of said highway: The Grantor, for himself, his successors and assigns, hereby waives any claim.for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reasn of the location, construction, land- scapingor maintenance of said highway. Willi rn i , Will r Y CCSF 85.32-S/77 .. - 2105 jjThin Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by the city council of the city within which such real property is located at the time of accep- tance or,if-located in the unincorporated territory.by the Board of Supervisors of the County of San Diego, r; i This Offer of Dedication may be terminated and the right to accept such offer abandoned in the some manner as is { prescribed for the vacation of streets or highways by Part 3 of Division 9 or Chapter 2 of Division 2 of Streets and Highways Code of the State of California, whichever• is applicable. Such termination and abandonment may be made by the city council of the city within which such real property is located,or if located in the unincorporated territory, 1 by the Board of Supervisors of the County of San Diego. This Offer of Dedication shall be irrevocable and shall be binding on the Grantorkt his heirs,executors, administrators,successors and assigns. In Witness Whereof, the GrantorM has caused this Irrevocable Offer of Dedication to be executed '• #': this day of 1 AN DANIEL H. WIEGAND � � a { 1 i STATE OF County of } SS On 19_before me, the undersigned, a Notary Public in and for said County ; rrr• r and State,personally appeared known to me to be the person whose name subscribed to the within instrument, and acknowledged that executed the same. Witness my hand and official seal rr, x. Notary Public in and for said County and State I certify on behalf of the Board of Supervisors of the County of San Diego pursuant to authority conferred by Resolu- tion of said Board adopted on March 20, 1979, that the County of San Diego consents to the making of the foregoing Irrevocable Offer and consents to recordation thereof by its duly authorized officer. Dated d "Y r +�•' CCSF,85.32,5/77 ' J F��4 -'WHEREAS, those parties concerned desire to*ha,ve saii'J a§d of Trust subordinated to said DOCUMENT; NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowl- edged, the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to {< said Deed of Trust. �7 / f Dated this pZ a vc( day of 4 ,L&41 0. r , 19„9.7 E MARIE E. WIRO, Trust Dated December 5, 1979 CLARA LOUISE KERR, TRUSTEE ! !' LORRAINE CHARLOTTE WIRO, TRUSTEE AAAi STATE OF )SS. County of r______,_+ �p (7n _ __ __, 19 ;before me, the undersiigmed, a notary ir; ?r,c. for said County ?nri State, personally d(?])P_dl"ed�``'z:_, - riown to 7rie.5— e the person ' whose namet� wy� M� sub5c�iyE 1 '. to the wiit;in instrument, and �,c noyrr �dge that the same. Witness ;nor hand and official seal. Notary Pub-lic in an or said County and State l This is to certify that the interest in real property conveyed by the foregoing ' Subordination Agreement to the County of San Diego, a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979, and the Grantee consents to recordation thereof by its duly authorized officer. Dated 3D -f ;. eFR4PdtCC.DEN&IMG,Chief - Real Property Management Division G Department of General Services i l r l b.� (Acknowledgment 2107 * Trustee) STATE OF I County of Los I"9��GT SS 0 egn Tan a. �. a 3,/rl�S� before me, the undersigned a Notary Public in and for/ e, personally appeared CJaY� Louis¢_ ,�e,ir Gt r z ci< C—Ag✓/a fie l[1i v'd ,Qr. eing proved to me on the basis of satisfactory evi ence to be the Trustee(s) under the ` 4&M7-7 —A-z', LcJ I A"O 0 7_Af.ST'. �kx and to be the son(s) whose names is are Subscribed to the w in ns rumen and acknowledges that �he z/ executed the same as Trustee(s) and that said Trust executed a the same. 7— WITNESS my hand and official seal. OFFICIAL SEAL ��. JMJES E. SWICK Signature I -s t>' Not ry Iub!'t Cciovvnia PRINCIPAL OF CE IN 105 A;,!('E ' htY`eoMtilsslo11 APRIL 21,1 987 s7 Name (Typed or printed) s Z ,