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:
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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.
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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 � !
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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
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Mailed:
p
*Full Size **Signed & Sealed -
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"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.
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CCSF,86.32,5/77
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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,
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CCSF 85.32-5/77
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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,
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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
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CCSF,86.32,W
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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
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i
, Will
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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
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CCSF,85.32,5/77 '
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-'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______,_+
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(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
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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
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