1974-103179 i
370
Vac. .73-36
No. 11
ON MOTION of Supervisor Walsh, seconded by Supervisor Taylor, the
following resolution is adopted:
WHEREAS, on March 12, 1974, Board Order No. 25, the Board adopted
a resolution declaring its intention to vacate and abandon portions of
open space easements on Lot 2, Village Park Villas, Unit No. 1; portion
of Lot 4 (excepting that portion within the San Diego Gas and Electric _
Company right-of-way), Village Park Villas, Unit No. 2; Lots 5 and 7,
Village Park Villas, Unit No. 3; and Lot 9, Village Park Villas, Unit
No. 4, all in the Encinitas area, as requested by Avco Community Develop-
ment, Inc. : and
WHEREAS, the matter came on for hearing before the Board of Super-
visors of San Diego County, California, this 17th day of April, 1974,
at 9:30 a.m. ;• and evidence is on file that due .and proper notice of said
hearing has been given as required by law; and
WHEREAS, the Planning Commission, with Planning Department concurrence,
in its report filed in the office of the Clerk of the Board of Supervisors
on March 4, 1974 (Board of Supervisors Document No. 484767), recommended
the vacation of said open space easements; and
-WHEREAS, during discussion the opinion is expressed that the areas
requested to be vacated and abandoned should be retained as open space -
easements as originally designated; and
WHEREAS, Brian O'Donnell, representing Avco Community Development,
Inc. , appears before the Board in favor of said vacation; NOW THEREFORE
The Board of Supervisors hereby finds that due and proper notice
of the hearing on the proposal to vacate said open space easements has
been given as required by law, and that said easements hereinafter described
are unnecessary for present or prospective public use.
IT IS RESOLVED AND ORDERED that the hearing be and it is hereby
closed; that a finding be and it is hereby made that said requested
vacation is a part of the ongoing project Village Park Villas, for
which an Environmental Impact Report has been adopted by this Board on
February 26, 1973; and that the following described easements be and
they are hereby vacated and abandoned:
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Parcel 74-0170 A
That certain easement for Open Space over, upon, across and under Lot 2 of
Village"Park Villas Unit No. 1 as granted and accepted on Map No. 7494, !
recorded in tha Office of the Recorder of the County of San Diego, State of t
j California. --`-- -
Parcel 74-0169_A
j
That certain easement for Open Space over, upon, across and under Lot 4 of
Village Park Villas Unit No. 2 as granted and accepted on Map No. 7564,
! recorded in the Office of the Recorder of the County of San Diego, State
r' of California.
EXCEPTING therefrom that portion lying within the existing San Diego Gas
and Electric Company Easement as shown on said Map No. 7564.
¥' Parcel 74-0168 A !
That certain easement for Open Space over, upon, across and. under Lots 5 '.
i and 7 of Village Park Villas Unit No. 3 as granted and accepted on Map
r No. 7640. recorded in the Office of the Recorder of the County of San
Diego, State of California. !°
Parcel 74-0167 A Lot 9
That certain easement for Open Space over, upon, acceptednonu Map rNo. 7668,
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of Village Park Villas Unit No. 4 as g
recorded in the Office of the Recorder of the County of San Diego, State
of California.
RESERVE.'G AND EXCEPTING from vacation and abandonment easements and rights
-pursuant to any existing franchise or renewals thereof, or otherwise, at
any tine, or from time to time, to construct, maintain, operate, replace,
remove, 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 electrical energy and water and for i-rds in, purposes
j including access to protect the property from all hazards n, upon, over and
across the above described portions of highways proposed to be vacated and
{ abandoned; and
RESERVING A1.1) EXCEPTING Srom 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
I` 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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PASSED AND ADOPTED by the Board of Supervisors of the County of
San Diego, State of California, this 17th day of April, 1974, by the
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following vote:
AYES: Supervisors Walsh, Conde, Bear and Taylor
NOES: Supervisor Brown
f ABSENT: Supervisor None
f '
STATE OF CALIFORNIA )
County of San Diego ) ss.
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 an adj , red. 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.
{ Witness my ,hand and the seal of said Board of Supervisors, this 17th day of
April,', 19T4,1F,r,.
"S °"' +.,�✓ PORTER D. CREMANS
Clerk of the Board of Supervisors
I p. p �thTY � A By Sara Drew p J
(S ). x,*. Deputy
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RECORDED 9 , §;OF
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AFRO 114 0174
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SAN�I L�A
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NO'FU
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