1971-57676 T r
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Ref : 2 - 16 - 71 ( 63 ) Hearing : March 16 , 1971 , at 2 : 00 Perm .
Bid Opening :
Subject : Res.. . of Int , to vacate and abandon Port .
of 2nd Street lying outside of 51 feet from the
centerline of Manchester Ave . , Colony Olivenhain
Notices Affidavits
Publication Yes
Posting Yes
z
Mailing Yes No
COMMUNICATIONS
For Against
PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S)e
REQUIRED " FEE(S) PAID.;
Show to whom, date and address Deliver ONLY
{ `
FT where delivered . ❑ to addressee
o RECEIPT
Rccelved the numbered article described below.
REGISTERED NO: t . -: SIGNATURE OR NAMF, OF ADDRESSEE (AIW aluil r he fill(d-iu)
i "'' CERTIFI .
} 81970 a SIGN TUREOFAD SEE'SAG NT, IF ANY ,
1 INSU ED N0.
t„
. DAT DELIVERED WHERE DEWERED (only if nquu Ed) I
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W6-16-TI619-11 a il-198 also
AAR 16 1 71. ii6
No . 110 ,• t'-
v
ON MOTION of Supervisor Boney , seconded by Supervisor Craven ,
the following resolution is adopted :
WHEREAS , on February 16 , 1971 , the Board adopted a resolution declaring
its intention to vacate and abandon a portion of Second Street lying outside
of 51 feet from centerline of Manchester Avenue , Colony Olivenhain ; and
WHEREAS , the matter came on for hearing before the Board of Supervisors
of the County of San Diego , State of California , this 16th day of March ,
1971 , at 2 : 00 p . m . ; and evidence is on file that due and proper notice of
said hearing has been given as required by law ; and
WHEREAS , it appears further that no written protests or objections to
said proposed vacation have been filed , and no oral protests or objections
have been made ; and
WHEREAS , the Planning Commission , in its report filed in the office of
the Clerk of the Board of Supervisors on February 9 , 1971 ( Document No . 436467 )
recommended , with the concurrence of the Planning Department , that said portion
of Second Street be vacated , as requested by Harley L . Denk ; NOW THEREFORE
The Board of Supervisors hereby finds that due and proper notice of
the hearing on the resolution of intention to vacate said highway has been
given as required by law , and that said highway hereinafter described is
unnecessary for present or prospective public use .
IT IS RESOLVED AND ORDERED that the hearing be and it is hereby closed ;
and that the following described County highway be and it is hereby vacated
and abandoned :
That portion of 2nd Street, in Rancho Las Encinitas , in the County
of San Diego , State of California , according to Map thereof No . 848 ,
filed in the Office of the County Recorder of said San Diego County ,
and in Colony Olivenhain , in said San Diego County , according to
Map thereof No . 326 , filed in the Office of the County Recorder of
said San Diego County , lying Westerly of a line that is parallel
with and distant 51 . 00 feet Westerly , measured at right angles ,
from the centerline of C Street (Manchester Street ) , as shown on
aforementioned Maps .
PASSED AND ADOPTED by the Board of Supervisors of the County of San
Diego , State of California , this 16th day of March , 1971 by the following
vote :
AYES : Supervisors Walsh , Boney , Scheidle , Bear and Craven
NOES : Supervisors None
ABSENT : Supervisors None
VAR 16 197.1 d-- 110
1 1 1 •
5'76'76
FILE / Pt. CE lt `i.
I; UO +', 1971
P.arrtty Beard of �toervfseh!
S .1 t! DIEGO CDUNT'r , CALIF.
HAHLEY F. fi1.QOH
RECORDER
NO FEE
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 a
regular meeting thereof , at the time and by the vote therein stated , which
original 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 23rd day
of Ntarcli`;° 1971 .
y.,s, PORTER D . CREMANS
Clerk of the Board of Supervisors
w ,
� , , By Sara Drew �, na JnA.v✓
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AFFIDAVIT OF POSTING NOTICE OF INTENTION
TO VACATE AND ABANDON PORTION OF SECOND
STREET LYING OUTSIDE OF 51 FEET FROM THE
CENTERLINE OF MANCHESTER AVENUE , COLONY
OLIVENHAIN
STATE OF CALIFORNIA )
ss .
COUNTY OF SAN DIEGO )
CHARLES L . PADEN of the County of San Diego ,
State of California , states the following :
That he is , and was at all times herein mentioned , over the age
of eighteen years , a citizen of the United States , and competent to
be a witness herein ; that at the request of the Clerk of the Board of
Supervisors of the County of San Diego , California , he securely and
conspicuously posted notices according to law along the road proposed
to be vacated , a copy of which notice is hereto attached; that such
notices were posted not less than two weeks before the date . of the
hearing on the resolution of intention to vacate and abandon said
road , to wit , the same were posted the 26th day of February
1971
I certify under penalty of perjury that the foregoing is true
and correct ,
Dated this 1st day of March, 1971 , at San Diego
County , Californ ate.
CHARLES L . PADEN
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PUBLICATION ORDER
Minute Item 2 - 16 - 71 ( 63 )
Ordinance No . - - - - - ( NS )
Cuts ( Carroll Engraving ) - - - - -
Other Copy Hearing on res . of int . to vacate and abandon portion of
2rd St . lying outside 51 feet from the centerline of Manchester Ave .
Paper Encinitas Coast Dispatch
Publication Dates Wed . Feb . 24 & March 3
Proofs Two
Printed Copies - - - - -
Affidavits of Publication Yes Special Form - - - - -
Hearing Date March 16 , 1971 , at 2 : 00 p . m .
By ad
Proof
Copies
A/ P
Newspaper Carroll
P . 0 . No . 32933
Sub . No . ca 9 4 . 3
Mailed by
Date t�2
MAR 16 19, d . 7t// 6
NOTICE OF INTENTION TO
VACATE AND ABANDON
PORTION OF SECOND
STREET LYING OUTSIDE OF
51 FEET FROM THE
CENTERLINE OF i ,r
MANCHESTER AVENUE, � ✓
COLONY OLIVENHAIN
Vn \
PU PHYME IS HEREBY GIVEN �'
ILC
that the board of Supersisors adopted a n 1
rminUons on February 1& 1971, doctor-
big its be andw to vaeste and abandon
the eDowlsdeseribed County highway:
Tbot p of7od Street. in Rambo
Las Embaftea, in the County of Sin
Dig% Btaft of California. acrording •
as Nap thereof N0. B44 NM in the
OOleaoflbaO 1 Retorderofsaid
Sao Di! Covirty, and to Colecy
Utteslso" to said Bast Diego Coun-
ty, meats tt b Nap thereof No. 374
®ad Y tb Office of the Coo"
Reeeadt firstahj Ban Diego Coaatyo
t bLtwha m" ore it" that is parai-
W am W dlatastt 111D9 Blot west-
arb. mid at ride aneas: >toa
the afC Btreat Olbrvoeat
- e a shown on aforameo-
fiesta[
no ttaaa'd has nstad 11&eadq. March
1L w7L at iM pa, sad the North
Chamber or nM board. Room 316 San
Die=e Cessna Administration Center.
two Paeibe HitYway. Sao Diego. Call-
' foram. as the time and place for bear
ing oo said resolution of intention.
YOU ARE HEREBY NOTIFIED to '
appear at the time and place fixed for
said bearing and &how cause, if arty you '
have. why said highway should not be
vacated and abandoned.
For further details reference is hereby
made an aid resolution of intention on •
file in the office of the Clerk of the
Board of hlpeniwm Room 306 of said
AdminbtraUon Center.
BY ORDER OF THE BOARD OF SUP.
ERVISORS adopted February is. 1971.
PORTER D. CREMANS
Clerkof the Board of Supervisors
By Sara Drew. Deputy
CD. February 7e. 1971
Name3. 11171
r'ieXiS . -
L�Tif/.J� ro C6
Decreed A Legal Newspaper by the Superior Court of Son Diego County
687 1st St. 714-753.6543 ENCINITAS, CALIFORNIA
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid ;
I am over the age of twenty-one years, and not a party to or interested in the above entitled
matter.
I am principal clerk of the printer of The Encinitas Coast Dispatch a newspaper of general
circulation , printed and published weekly in the Town of Encinitas, County of San Diego, State of
California , and which newspaper is published for the dissemination of local news and intelligence of a
general character, and which newspaper at all times herein mentioned had and still has a bona fide
subscription list of paying subscribers, and which newspaper has been established , printed and
published at regular intervals in the said Town of Encinitas, County of San Diego, State of California ,
for a period exceeding one year next preceding
NOTICE OF INTENTION TO
VACATE AND ABANDON e th date of publication of the notice hereinafter
PORTION OF SECOND referred to; and that the notice of which the
STREET LYING OUTSIDE OF
51FEETFROMTHE , annexed is a printed copy, has been published
CENTERLINE OF in each regular and entire issue of said
MANCHESTER AVENUE,
COLONY OLIVENHAIN newspaper and not in any supplement thereof
on the following dates, to-wit:
PUBLIC NOTICE IS HEREBY GIVEN
that the Board of Supervisors adoptedo
resolution on February 18, 1571, declar-
ing
lta March 3 1 9 lnlentlontovaealeand abandon , , , , ,
the following described County hl6hway:
Thatporllon of 2nd Street. In Rancho .
Las.Encinitas, In the County of San
Dleao; State of Csllfornla, accordI[XV 19
to Map thereor No. 848, filed In the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . , .
-0mce cribs County Recorder of said
_San Diego County, and In .Colony .
Olivenhaln, In said San Diego COun-
ty,according to Map thereof No. 328, 19
filed In the office of the County • • • • • • • • ' ' • ' ' ' '
Recorder of said San Diego County
lying Westerly of a line that Is paral-
lel with and distant 5i oo feet West-
. Orly, measured at right angles, from 1111 1 1 1 1 . . . . . . . . . . . . . . . . . . . . 19
. . . .
the contortion of street (Manchest, ' ' ' '
or Street), as shown on aforemen.
honed Nape.
The Board has fixed Tuesdays March
His Unit at 200 p.m., and the North . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 19 . . .
Chamber of said Boards Room 310 Sane .
Diego
8le Pacific Highway!S nt Diego, Call-
forma, as the time and place for hear-
ing on said resolution of Intention. .
YOU ARE HEREBY NOTIFIED to I certify under penalty of perjury that the foregoing is true
' appear at the time and place Rand for
said hearing and show cause, If any Y ou and correct. Executed at Encinitas County of San Diego
have. why said highway should not be State of California on the t Ylll? a
vacated and abandoned.
For further details rayerence is hereby day of V1 rnh�r
made W sold resolution of intention on / y
file. In the office of the Clerk of the
Board of Supervisors, Room we or said -7 1
Administration Center. , _� '.. �i , � , ��, `]
�a�,�� • /4 . - Clerk of the Printer
4L!' �I � I '! ' '
MA ' 1 ti 1971
-77-//a
Gor, . wo
437236
5 ',}pCF.Yi5GR5
fi D
Jam • �
s
BY ORDER OF THE BOARD Or usur-
ERVISORS adopted February l& 297L
. ` PORTERD.CRE "S
_
Clerkof the Board ofSuperv2wn
By San Drew, Deputy
CD Feb.2C Mar.3, 1971 - 2Pnoh 1
010)
•
s
NOTICE OF INTENTION TO VACATE AND ABANDON
PORTION OF SECOND STREET LYING OUTSIDE OF
51 FEET FROM THE CENTERLINE OF MANCHESTER
AVENUE , COLONY OLIVENHAIN
PUBLIC NOTICE IS HEREBY GIVEN that the Board of Supervisors
adopted a resolution on February 16 , 1971 , declaring its intention
to vacate and abandon the following described County highway :
That portion of 2nd Street , in Rancho Las Encinitas , in the
County of San Diego , State of California , according to . Map
thereof No . 848 , filed in the Office of the County Recorder
of said San Diego County , and in Colony Olivenhain , in said
San Diego County , according to Map thereof No . 326 , filed in
the Office of the County Recorder of said San Diego County ,
lying Westerly of a line that is parallel with and distant
51 . 00 feet Westerly , measured at right angles , from the
centerline of C Street (Manchester Street ) , as shown on
aforementioned Maps .
The Board has fixed Tuesday , March 16 , 1971 at 2 : 00 P . m , and
the North Chamber of said Board , Room 310 San Diego County Administration
Center , 1600 Pacific Highway , San Diego , California , as the time and place
for hearing on said resolution of intention .
YOU ARE HEREBY NOTIFIED to appear at the time and place fixed for
said hearing and show cause , if any you have , why said highway should not
be vacated and abandoned .
. For further details reference is hereby made to said resolution of
intention on file in the office of the Clerk of the Board of Supervisors ,
Room 306 of said Administration Center .
BY ORDER OF THE BOARD OF SUPERVISORS adopted February 16 , 1971 .
PORTER D , CREMANS
Clerk of the Board of Supervisors
• By Sara Drew e2Wo Jne ,
Deputy
'& . 9 / 4z C 3 MAR 16 1977 ��'�,
Street Vacations ( NOTICE OF HEARING)
2 - 16 - 71 ( 63)
3 ( 3 per street ) to Real Prop .
(blue -backed) for posting
1 Real Prop . (w/affidavit , to be returned)
I County Engineer {
1 Encinitas Coast Dispatch ( newspaper)
I Planning Commission
1 City of San Diego : Property Dept .
City Engineer
Systems Engineering , ]
5851 Ryan Road .,
San Diego 92105
1 State Div . of Highways , P . 0 . Box 390 ,
SD 92112 , Attn : Mr . Ritz ( Cert . RRR)
1 Sanitation & Flood Control
I SD Gas & Electric Co . , P . O . Box 1831 ,
SD 92112
1 Pacific Telephone , c / o Rate Engr . ,
740 S . Olive , Room 1158 , L . A . 90015
rl Petitioner Harley L . Denk
4329 Manchester Ave .
-� Iivenhain 92024
Mailed : 2 - 18 - 71
sd
Y
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Public Works Agency February 18 , 1971
Real • • - • .
Clerk of Board • Supervisors Refe 2 � 1641 63
Enclosed are three copies of a notice of hearing on resolution
of intention to vacate and abandon a portion of Second Street
a
lying outside of • n the centerline of Manchester
Avenue , Colony Olivenhain ,
Please post these notices • - road . to be vacated and
make affidavit of on • u enclosed .
These notices must be posted not less than two waeks before
the date of the hearing , March 16 , 1971 , and the affidavit
o posting must be on office before that date .
PORTER
Clerk of the Board of Supervisors
By
Deputy
: •
Enclosures
r r 1
No . 63 ' •
RESOLUTION OF INTENTION TO VACATE
AND ABANDON COUNTY HIGHWAY
On motion of Supervisor Boney , seconded by Supervisor
Bear , the following resolution is adopted :
WHEREAS , Harley L . Denk
requested the vacation of the hereinafter described county highway
( Document No . 436467 ) ; and
WHEREAS , after investigation the County Planning Commission
has approved and recommended the proposed vacation ( Document No .
436467 ) ; and
WHEREAS , it appears to this Board that said hereinafter
described highway is not needed for present or prospective use as
a county highway ; NOW THEREFORE
BE IT RESOLVED by the Board of Supervisors of the County of
San Diego that it is the intention of this Board to vacate and
abandon the following described county highway :
That portion of 2nd Street , in Rancho Las Encinitas , in the County
of San Diego , State of California , according to Map thereof No .
848 , filed in the Office of the County Recorder of said San Diego
County , and in Colony Olivenhain , in said San Diego County ,
according to Map thereof No . 326 , filed in the Office of the
County Recorder of said San Diego County , lying Westerly of a
line that is parallel with and distant 51 . 00 feet Westerly ,
measured at right angles , from the centerline of C Street
( Manchester Street ) , as shown on aforementioned Maps .
g / � �� � � r-t ,t,'✓-.._ � ... . � /c• _ 1. {� }'}) 7 .i. 1/ L_.
IT IS ORDERED that Tues day , March 16 , 19 71 , at the
hour of 2 : 00 o ' clock p m . , in the chambers of said Board , Room
310 , San Diego County Administration Center , 1600 Pacific Highway,
San Diego , California , be and they are fixed as the time and place
for a hearing on this Resolution of Intention .
IT IS FURTHER ORDERED that the Clerk of this Board give notice
of the hearing of this resolution and - of the time and place fixed
for the hearing by publication of a notice thereof in the Encinitas
Coast Dispatch , a newspaper of general circulation pub -
lished in the County of San Diego , for at least two successive weeks
prior to said day fixed for said hearing , and that the Clerk also
cause similar notices to be conspicuously posted along the line
of said highway proposed to be vacated as above described .
PASSED AND ADOPTED by the Board of Supervisors of the County of
San Diego , State of California , this 16th day of February , 1971 , by
the following vote :
AYES : Supervisors Walsh , Boney , Scheidle , and Bear
NOES : Supervisors None
ABSENT : Supervisor Craven '
&116171 663)
AFFIDAVIT OF POSTING NOTICE OF INTENTION
TO VACATE AND ABANDON PORTION OF SECOND
STREET LYING OUTSIDE OF 51 FEET FROM THE
CENTERLINE OF MANCHESTER AVENUE , COLONY
OLWENHAIN
STATE OF CALIFORNIA )
ss .
COUNTY OF SAN DIEGO )
of the County of San Diego ,
State of California , states the following :
That he is , and was at all times herein mentioned , over the age
of eighteen years , a citizen of the United States , and competent to
be a witness herein , that at the request of the Clerk of the Board of
Supervisors of the County of San Diego , California , he securely and
conspicuously posted notices according to law along the road proposed
to be vacated , a copy of which notice is hereto attached, that such
notices were posted not less than two weeks before the date . of the
hearing on the resolution of intention to vacate and abandon said
road , to wit , the same were posted the day of
• I certify under penalty of perjury that the foregoing is true
and correct .
Dated this day of , at San Diego
County , Californ a . —
e t'
M V
An
ot\VEfZ • �j
• � •IS TyF l•/ �
4 92
.,, C
z � " � a COUN 'T' Y OF SAN MEGO
lJ ! occa�� INTER-DEPARTMENTAL CORRESPONDENCE
TO : Board of Supervisors PREPARED BY DATE February 8 , 1971
VIA : County Counsel COUNTY COUNSELRef: vac . 71 - 2
FROM: Planning Commission (# 30 )
SUBJECT : Vacation of a Portion of Second Street, Olivenhain
This is in reference to the attached request of Harley L . Denk for the vacation of
Second Street westerly of Manchester Avenue ("C " Street) , Colony Olivenhain,
Map 326, and Rancho Las Encinitas , Map 848 .
At its regular meeting of January 22 , 1971 , after considering this matter, the
PLANNING COMMISSION RECOMMENDED :
That your Board vacate that portion of Second Street lying outside of 51 feet
from the centerline of Manchester Avenue ,
PLANNING DEPARTMENT RECOMMENDATION:
(Same as Commission recommendation . )
Discussion: The right - of-way in question is an unimproved "paper street" which will
not be needed for general or local circulation . Furthermore, the portion of Second
Street to be vacated lies entirely within the ownership of the petitioner .
Manchester Avenue is a Major Road on the Circulation Element of the San Diego
County General Plan . Therefore, that portion of Second Street lying within 51 feet
from the centerline of Manchester Avenue will not be vacated .
Also attached is a Resolution of Intention to Vacate prepared by County Counsel .
SAN DIEGO COUNTY P G COMMISSION
C .
Man C . Cherrier , a etar
DCC : WLM: njk
Attachments
cc : Docket Distribution ( 23 ) County Counsel with legal description
County Engineer - Attn . : Mr . Panek
Real Property Division, Public Works Agency - Attn . : Mr . Conner
Mr . Harley L . Denk, 4329 Manchester Avenue, Olivenhain , CA 92024
04 71 7 3
_ . . ..._....._..................._....__......-_..__
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PETITION--FOR' ROAD_) OPENING QWiVACATION
DIRECTOR OF PLANNING Il �t Jul Date December 30 , 1970
COT�M OF SAN DIEGO
1600 Pacific Highway
San Diego, California 92101
Sir :
The undersigned hereby petition the Board of Supervisors to :
QAccept into the County Maintained Road System the road or alley described below .
Vacate all of the County ' s interest in the road , alley or easement described below .
Name of Road : Second Street
Location : Colony ulivenhain kMap 3261 and RHO Las i.ncinites ( Wap 848 )
Reasons for this request are : This portion of oecongl Street has not been used
within tike last 3b yearse miost maps show this portion as vacated .
she county Lngineer recently found no evidence that decnnd street twest
of " C " or wanehester ) had been vacatied and corrected his maps . , he maps
in the county planning department show the street vacated and treat it
as • Use additional sheet if necessary
Attached .hereto are
A . A map or sketch which shows :
1 The road or alley for wLch seeeptanee- / vacation is requested .
2 � The approximate length thereof .
3 ) A11 abutting County roads , State highways or City streets .
B . The required 150 . 00 filing fee , payable to the County of San Diego if by check .
The person to contact concerning this petition is :
Name : barley L 11enk Telephone : 7b3- 3708
Mailing address : 4329 manchester Ave . Ulivenhain U' al 92024
1 �
Signature : /
Other petitioners are :
Signature Mailing Address
20
4 ,
Use additional sheet if necessary ;
Note : Roads the primary purpose of which is to provide access to abutting land are accepted
into the County Maintained Road System only if local 'interests first grant to the County
without cost a minimum of 52 feet of right of way on an . alignment and at a grade satisfactory
to the County Engineer , and improve or agree to improve such right of way to County Standards .
� 1585
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A . S . No . : • Project Titic :Wac . 71 - 2
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Authorized : Plannin !; Dated : 1 / 25 / 71 Legals By : . Ramey Dated : 2 / 1 / 71
Legals Checked : French Dated : 2 / 1 / 71 Proofed by : 'j�pH, E Y
References : ' tan 326 ` fop 843 • R . S . 426
. I
Title Report 8 : Dated : Updated : +
Parcel d : 71 - 0024 -A Tape : Code :
1 Parcel 71 - 0024 - A
2 That portion of 2nd Street , in Rancho Las Encinitas , in the County of San Diego ,
State of California , according, to ` fap thereof No . 848 , filed in the Office of i
3 the County Recorder of said San Diego County , and in Colony Olivenhain , in said
San Diego County , according• to ` fap thereof Wo . 326 , filed in the Office of the
4 County Recorder of said San Diego County , lying hesterly of a line that is
parallel with and distant 51 . 00 feet Westerly , measured at rieht anr, les•, from
5 the centerline of C Street (Manchester Street ) , as shoran on aforementioned daps ,
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