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1979-239324 F Noo 21 WEDNESDA-i, MAY 23, 1979 Vac. 77-41 _ ? 79-239324 FILEIPACE NO, - ;'ipD�, 11FCORDF0 RE011GST OF - Re: Vacation and Abandonment a Portion of Fourth F Street, Encinitas ) JUN 26 OFFiC cDicDS 1 RESOLUTION VACATING AND ABANDONING RLCUiUNT } • SAN DteCU COUNTYI CALIF, s EXCESS RIGHT-OF-WAY OF A COUNTY HIGHWAY p N ON MOTION of Supervisor Eckert seconded by Supervisor Moore , the N� following resolution is adopted: . y WHEREAS, Mr. Paul L. Balalis and Mr. Charles P. Pigneri have requested the vacation of the hereinafter described portion of a County highway (Document No. i Z 584177 ); and 1 t WIIT:REAS, Section 960.1 of the Streets and Highways Code, provides that the 0 Board of Supervisors of any County may retain or may summarily vacate and abandon any portion of a County Highway which portion is excess right-of-way and not required for said highway; and } /� It11FR-AS, the County Planning Commission has recommended said portion of County Q highway be vacated (Document No. 584177 ) and t- v 11WEREAS, it appears to this Board that said portion of County highway as recommended for vacation by said Commission is not needed for present or prospec- tive use as a County highway; NOW T11EREFORE IT IS FOUND, DETE 1INED AND DECLARED that the right-of-way to be vacated cannot be used as anon-motorized transportation facility, and that the proposal ' Z 1, is not subject to the environmental impact review process; ACCORDINGLY, ; i BE IT RESOLVED that this Board of Supervisors finds that the hereinafter , .. described portion of County highway is excess right-of-way and not required for i + ' said highway; and BE IT FURTHER RESOLVED that this Board of Supervisors finds that there is no present or prospective public use for the hereinafter described portion of County highway; and BE IT FURTIiER RESOLVED that the hereinafter described portion of County highway be and is hereby vacated and abandoned; Wk x s } - - r L ' 13 07 '� �•r1 ' No. 21 -2- Vac. 77-41 . F, a Parcel No. 77-.1150-A r' That portion of 4th Street according to map of Encinitas in the County of San Diego, State of California, according to Map thereof No. 143, � on file in the Recorder's office of said County, said portion being a ; t 10.00 foot wide strip, the Westerly line of said strip being the Easterly � line of Block 38 of said Map No. 143. Said strip to terminate Northerly in the Easterly prolongation of the j O Northerly line of said Block 33 and terminate Southerly in the Easterly prolongation of the Southerly line of said Block 38. 0 RESERVh1G 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 H fixtures for the operation of gas,pipe line, telegraphic and telephone lines and for the transportation or distribution of electrical energy and water and for inci- dental purposes 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; and Q 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 des- cribed portions of highways proposed to be vacated and abandoned. PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this 23rd day of May, 1979, by the © ' following vote: F Z AYES: Supervisors Hamilton, Moore and Eckert NOES: Supervisors None ABSENT: Supervisors Hedgecock .and Bates STATE OF CALIFORNIA ) ss. County of San Diego } • r . 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 t' thereof, at the time and by the vote therein stated, which original resolution is now on a file in my office; that the same contains a full, true and correct transcript therefrom ` ' and of the whole thereof. ar Witness my hand and the seal of said "Board of Supervisors, this 23rd day of May, 1979 PORTER D. CREMANS Clerk of the Board of Supervisors APPROVED PS TO FOR-11 niiD LEGALITY COUNTY CODNSEL �y.Jo Joyce A. Jones - EY DO uty c DE TY #, # M WIL 1 R A�