1941-1204480 T r
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BOOK 111 - PAGE 313
The Board met in regular meeting on this 7th day of July, 1941 ,
The meeting was called to order at 10 : .05 _ o ? clock a . m . of said day
there being present Supervisors Walter Bellon (Chairman Presidingj ,
David W . Bird, John P . Faddis , Harry C . Warner , and Dean E . Howell ,
and also J . B . McLees , Clerk , by C . Buckley, Deputy .
In the Matter of Petition of MARY A. GRAY,
ET AL . ) requesting the vacation of a por-
tion of " H11 Street , between 9th Street
and 10th Street, Colony of Olivenhain, be-
ing that area lying between Lots 54 and 55
of said Tract, as shown on Map No . . 326 ,
San o County. . California . .. . . . . . . . . .
WHEREAS , the above- entitled matter came on regularly for hearing
before the Board of Supervisors on this 7th day of July, 1941 , being the
petition of MARY A . GRAY, ET AL . , for the vacation of a portion of ngn
Street , between 9th Street and 10th Street , Colony of Olivenhain , being
that area lying between Lots 54 and 55 of said tract , as shown on Map
thereof No . 326 , on file in the office of the County Recorder of San
Diego County; and
WHEREAS , it appears from the affidavits of Publication and Post
ing on file in said proceeding that due and proper notice of the hearing
on said petition has been given as required by law; and
WHEREAS , it further appears that no written protests or objec-
tions to the vacation of said portion of said street have been filed,
and no oral protests or objections to such vacation have been made ; and
WHEREAS , the County Planning Commission, to whom the matter was
referred for investigation and recommendation, has advised that accord-
ing to the map in the County Assessorts Office , nHtt Street has been
vacated south of Ninth Street and north of Tenth Street , leaving only
one block of nH" Street between Ninth and Tenth Street that has not
been vacated ; that this street has never been improved and is not in
use at the present time ; therefore the Commission recommends that the
vacation be granted ;
NOW, THEREFORE , on motion of Supervisor Bird , seconded by Super-
visor Werner , IT IS RESOLVED by the Board of supervisors of the County
MimitA 1rm1 . J1. 1._ ; PAaA ,_��
Tuiy 7, � 9s� �
Ir
of San Diego , State of California, as follows :
That this Board of Supervisors does hereby find and declare :
That due and proper notice of . the hearing on said petition has
been given as required by law;
That no written protests or objections to the vacation of said
portion of said 'KHn Street have been filed ' and no oral protests or ob-
jections to said vacation have been made ;
That the said portion of said OR" Street , between 9th and 10th
Streets , Colony of Olivenhain, in the County of San Diego , State of
California , as hereinafter described , is unnecessary for present or
prospective public use ;
That said portion of "HIT Street , between 9th Street and 10th
Street , Colony of Olivenhain, being that area lying between Lots 54 and
55 of said Tract , as shown on Map thereof No . 326 , on file in the
office of the County Recorder of San Diego , be and the same is hereby
vacated , abandoned and discontinued .
Passed and adopted by the Board of Supervisors of the County of
San Diego , State of California, this 7th day of July, 1941s by the
following vote , to wit :
AYES : Supervisors Bellon, Bird, Faddis and Warner
NOES : Supervisors None
Supervisor Howell absent from the room and not voting
STATE OF CALIFORNIA
SS
COUNTY OF SAN DIEGO
I , J . B . MC LEES , do hereby certify that I am the County Clerk
of the County of San Diego , State of California, and ex officio Clerk
of the Board of Supervisors of said County ; that the foregoing resolu-
tion was passed and adopted by the Board of Supervisors at a regular
meeting thereof , at the time and by the vote above stated .
J . B . MC LEES , County Clerk
and ex officio Clerk of the
Board of Supervisors
I op
By, �° &;; .�.r�r
( SEAL) fpu y
/���y� Cis)
STATE OF CALIFORNIA, 1 ss.
COUNTY OF SAN DIEGO, 1
I, J. B. McLees, County Clerk of the County of San Diego, State of California, and ex-officio Clerk
of the Board of Supervisors of said County, hereby certify that I have compared the foregoing copy with the
on inal.....resolution.•.adopted••.by•..the -Board .of• Supervisors on July 7 � .1941 ,••,•granting
petition of MARY A . GRAY, ET AL. , for the vacation of a portion of "1311 Street ,
....4l yenha n ,..................:..............................................:...................................%.................................:........................
............:..................:..._
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 ...........l6.th.%......................................
dayof...............................July.........................A. D. 194..1......
J. B. McLEES, County Clerk and Ex-officio Clerk
of the Board of Supervisors
By ............... :
.... . . ........ .... .........
.1 1000 o.W. Deputy
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..� Recorded At Request OF (n
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16.
AN
July 16 , 1941 7-7-41
( 25)
San Diego County Planning; Co;IAS31on
San Diego , California
Gentlemen :
Enclosed is copy of a resolution adopted by the
Board of Supervisors on July 7 , 1941 .1 granting petition
of Mary A . Gray, et al . , for the vacation of a portion of
t' Hn Street , between 9th Street and 10th Street , Colony of
Olivenhain .
Very truly yours ,
J . I1 . IC LEES, County Clerk
and ems. officio Clerk of the
Board of Supervisors
By
ok . Deputy
Enc . l
7171'eli Cab)
� � 1
July 16 , 1941 7- 7- 41
( 25)
:glary A . Gray
•Encinitas, California
Dear Idadam .6
Enclosed is certified copy of a resolution adopted
by the Board of Supervisors , on July 7 , 1941 , granting the
petition signed by you and others , for the vacation of a
portion of nHn Street , Colony of Olivenhain .
Very truly yours ,
J . B . IC LEES, County Clerk
and ex officio Clerk of the
Board of Supervisors
By
ok . Deputy
Enc . 1
7/7/y/ 695>
July 16 , 1941 7-7-41
( 25)
E . H . Childs , County Surveyor
and ex officio Road Commissioner
San Diego , California
Dear Sir :
Enclosed is certified copy of a resolution adopted
by the Board of Supervisors on July 7 , 1041 , granting
petition of :Mary A . Gray , at al . , for the vacation of a
portion of "HTI Street , atv;een 9th Street and 10th Street ,
Colony of Olivenhain .
Very truly yours ,
J . Be 4dC LEES , County Clerk
and ex ollficio Clerk of the
Board of Supervisors
By
ok . Deputy
Enc . ,
7171yi Cis)
1 1
July 16 , 1941 7- 7-41
( 25)
A . G . Engel , Lanager
Southern California Telephone Co .
San Diego , California
Dear Sir :
Enclosed is certifier) copy of a resolution adopted
. by the board of Supervisors on July 71 1941 , granting
petition of iiary A . Gray , et al . , for the vacation of a
portion of "HIT Street , between 9th Street and 10th Street ,
Colony of Olivenhain .
Very truly yours ,
J . L . .tiC LEES , Cdunty Clerk
and ex officio Clerk of the
Board of Supervisors
By
ok . Deputy
Enc . l
7/7 14VI Cas
Sq�; -a - -
�,u�r�t of 5 = Ilq
E tt t ALFRED STAHEL, JR., CHAIRMAN
SAN Olcoo
V Y
CAVE J, COOTS, VICE-CHAIRMAN* VISTA
1 : moo;FC - w.... ' ! a {' •d '+ iI 111�" �I _ a W ILLE, SECRETARY
V�, S1ly -i\ O Qi - •; �. . ,•, II�1� tI 11 I�n� i I h ii n� u� u i I JL M. L. DASKERV
t111 to y - SAN DIEGO
9p � , tr
� � ` F. J. HANSEN, LA MESA Fpp LN p�, T'- u Ay 0. B. WETZELL, E CA on
___ _ -- - t'I rN N II" tl�91' � _� _ C%.OiFIC10
i II III U� II111, _ -- -
- �:':r• _ ,. I :-:.. ;:; .___ _ .t 'i WALTER BELLON, SUPERVISOR
OFFICE OF THE SAN DIEOo
ERNEST R. CHILDS, COUNTY SURVEYOR
COUNTY SAN DIEoo
JAMES B. ABBEY, DISTRICT ATTORNEY
PLANNING COMMISSION SAN DIEGO
213 CIVIC CENTER STAFF
L. DEMING TILTON, CONSULTANT
SAN DIEGO, CALIFORNIA LORIN W. DEEWALL, ENGINEER
Jul2 ),1 . 0. GLENN WADE, ASSISTANT ENGINEER
Y 194 M. CLAIRE FRISKE, OFFICE SECRETARY
Honorable Board of Supervisors ,
Civic Center,
San Diego , California.
Gentlemen : ' Refer to File 6..9_41 (44)
Your letter of June 14 in regard to petition of Mary A.
Gray et al . , requesting the vacation of H Street , between Ninth
and Tenth Streets , Colony of Olivenhain:
According to the map in the Assessor ' s office H Street
has been vacated south of Ninth and north of Tenth , leaving only
one block of H Street between Ninth and Tenth that has not been
vacated. Upon investigation the committee found that this street
as shown on the map has never been improved and is not in use at
thepresent time .
l)ierefore , at its regular meeting of June 26 this Commis_
sion went on record as recommending ' to your' Honorable Body that
this vacation be granted.
Very truly yours ,
SAN DIEGO COUNTY PLANNING COIAUSSION
orin W. Deewall ,
County Planning Engineer.
LRD F
JUL — "7 l9ra I
Minute Vol . ! Pageo2
7/ 7/ V // ��`� rn.nO IN Skit 04120
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STATE OI'' CALIFONNIA )
COUNi'Y OP SAN DIEGO )
I , Archie J . flicks , being first du],y avrorn
say : That I am publisher of the Encinitas Coast Dispatch
published weekly at f'%ncinitas , California and decreed a legal
newspaper by the Superior Court of San Diego County ; and
declare that notice of hearing as peI• attached clipping eras published
weekly in said newspaper on June 19th/, 'June 26th and�Ju],y 3d , 1941 .
/ � rL.r•��"�.ry
Subscribed and sworn to � -
befor me this 7th d Of NOTICE OF HEARING ON : PETh�
� TION • ` OF" . MARY - 'A GRAY, ET
J 19[t]„ AL., TO' � VACATE - "H" STREET, �
l7, BETWEEN 4th .STREET; AND 10th
�� •C , STREET: �.COLONY OF -OLIVEN
RAIN, 'SAN DIE00 COUNTY, `
:CALIFORNIA, - ".
NOtary I�i1b11C in and for Sa d PUBLIC xOTIC); = I9 H1J[t1;aY
County of San lliego , State of alvl9x, u,�,e o:rAfonanr the gth [ aar� �
California . of Jnlr, 19x1, aC; tko hour oY lx:oo
o'clock n:� m., 'nt thechnmbor-$L tho
' � �,Bonrd o[ Suport•IsorsoY rho Countyol
. Snn Dlego,' Stalo oYCn1I[ornln, . on t1:o
I'qy Commission expires Cct . 2 , 1941 • : third floor; Bnn 'Dlego Clty, nnd County
Adnilnlatrntloa I3ullaing;, CIy1p .Centor, !,
ilnthoCltY- oY Sun' Dloso; enld-: County, •
Y arid ' Staler. tho ; petltlon :: pY �1ttARY-r\:".
-' ' CiI1AY, LT �.1L.,� wlll:�bo , licnrd; :. belne. '
: .. a -pelltlon- nakln[Y - .th1e;:Ao¢rd-ao; do-i
" -. olnre "H"., :': STRI7GT; ' botiveen- ' 9th,
+ :."Stroeh and f" 10th ' Strcet, ;:_Colo:iy •lpf;�
011vonhahi; Sal DtesorCbunty; ,Cull•:
- 'f ornln, : ploaea � iind '. nbandoned; 'r;eala
"- etroot : boing, moro. ,�pnrticularlY�! :do?
ecrlbed un lollowa: ? •
"I3" `: Straet, bohi•een 9th � Stroet
mndlOthStreot, Colonyaf:011veo= • .
: hnln,;. being thnt: nren': lying :be-'?. ?
' -iweedl.ote 61 and66" oY -$ald:tt'upir ', : :
" - ais 'ehovvn on illnp :" tharaot.No:'.229, ::
- on tllolnitbe o[flco - oY tho :Coilnty.;
- � Tteeordor - o[ San :; Dleeo :Cminty„
" Tho. enld • atroot � Pneaea � ovpr.- tlio
' Innde OC Hoe•urd � F. Orny " .nnq - 11[ury,
.' . A. Gray; -� •.:-
YOTI ' :\Itl7 . HI:I1TilBY : :. NO'1'IGIb71)
to nDPciir at anict tlmo: and , hlncu: and
ahmv, puuxp. IY . nnyyouhiLVq \vhy tho .
snld aGwot ahpuld '; not ' bo " 'cloBpd;'
` abundonud and alsoontinued, : nccord-}
�� ing:�la �ho' Uruyor pY anld � potltion.�,r':�
" : :IIY : OTtllUTt� O[' THI9BOAnD •OF�
' - : SUPL*nVISOI;9 oY Lhu ,CountyoC. Snn!
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9.:"1091:. •. , , .. :. :-. l : . ,
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Vl J "CounlYClorlt nndox ofYlolo �..Clarltt.
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Juno 19.20-July 2, : 1911 -�'- '
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AFFIDAVIT OF POSTING NOTICE OF HEARING
ON PETITION OF MARY A . GRAY, ET AL . ,
FOR THE VACATION OF ItH +' STREET ,
BETWEEN 9th STREET AND 10th
STREET , COLONY OF OLIVENHAIN ,
SAN DIEGO COUNTY , CALIFORNIA .
0 0 0
STATE OF CALIFORNIA
SS
COUNTY OF SAN DIEGO
A . W . DANIELS , of San Diego County , being duly sworn ,
deposes and says : 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 and instance of
the Clerk of the Board of Supervisors , he securely and conspicuously
posted notices according to law , along the street proposed to be
vacated , a copy of which notice is hereto attached . That such
notices were and remained so posted for not less than fourteen days
before the date� of hearing on said petition , to wit ; the same were
posted a day of June , 1941 , to and including the w
day of OAA , 1941 .
A . W . Daniels
Subscr becj and swor to before me
this , � `�'' day of , 1941 .
J . B . MC LEES , C my Clerk
and ex officio Clerk of the
Board of S ervisors
BY
eP Y
JUL - 7 N41
Minut ,.� vol
so
NOTICE OF HEARING ON
PETITION OF MARY A . GRAY, ET AL . , TO
VACATE " Hn STREET , BETWEEN 9th STREET
AND 10th STREET , COLONY OF OLIVEN-
HAIN , SAN DIEGO COUNTY , CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN , that on Monday , the 7th day
of July, 1941 , at the hour of 11 : 00 o ' clock a . m . , at the chamber
of the Board of Supervisors of the County of San Diego , State of
California , on the third floor , San Diego City and County Adminis-
tration Building , Civic Center , in the City of San Diego , said
County and State ; the petition of MARY A. GRAY , ET AL . , will be
heard , being a petition asking this Board to declare „Hu STREET ,
between 9th Street and 10th Street , Colony of Olivenhain , San Diego
County, California , closed and abandoned , said street being more
particularly described as follows .
"H" Street , between 9th Street and 10th Street .,
Colony of Olivenhain, being that area lying between
Lots 54 and 55 of said tract , as shown on Map there-
of No . 326 , on file in the office of the County Re-
corder of San Diego County .
The said street passes over the lands of Howard F . Gray and
Mary A . Gray ,
YOU ARE HEREBY NOTIFIED to appear at said time and place and
show cause , if any you have , why the said street should not be
closed, abandoned and discontinued , according to the prayer of said
petition.
BY ORDER OF THE BOARD OF SUPERVISORS of the County of San
Diego , State of California , dated June 9 , 1941 .
J . B. MC LEES , County Clerk
and ex officio Clerk of the
Board of Supervisors
By
( SEAL) De uty
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June 14 , 1941 6-9-41
( 44)
Encinitas Coast Dispatch
Encinitas , California
Gentlemen :
Enclosed is copy of Notice of Hearing on tho
petition of Mary Ae Gray , et al . , for the vacation of I' ll "
Street , bet;veen 9th Street and 10th Street , Colony of
OLivenhain .
Please publish this Notice in the Encinitas
Coast Dispatch once a week for tiro consecutive weeks , three
publications in all , to 1rite Thursday , June 19 , 26 and
July 3 , 1941 .
It is respectfully requested that you forward to
this office the affidavit of publication on or before the
date set for hearing on said petition , to wit , July 7 ,
1941 , at 11 : 00 o ' clock a . m .
Very truly yours ,
J . be OtC FEES , County Clerk
and ex officio Clerk of the
Board of Supervisora
By
Oka Deputy
Enc .
/ry C11)
June 14 ', 19 '1 6-9-41
( 44)
Mr . A . W. Daniels
Civic renter
San Diego , California
Dear adr . Daniels :
Enclosed are copies of Notices of Hearing on the
petition of gary A . Gray, et al . , to vacate tIli1e Street ,
between :) th Street and 10th Street , Colony of Olivenhain .
Yiease post three notices on said nHn Street and
wake affidavit of the fact on the form also enclosed .
These notices .oust be posted for a period of not
less than fourteen days before the hearing on said petition .
The same must be posted by June 23 , 1941 , and may be posted
at any time prior to that date .
Very truly yours ,
J . Be UC LEES, County Clerk
and ex officio Cleric of the
Board of Supervisors
By
ok . ` Deputy
Encs .
June 14 , 1941 6-9-41
( 'i`i)
San Diego County Planning Commission
San Diego , California
Gentlemen .
There was presented to the Board of Supervisors
on June 9 , 1941 , the petition of Mary A . Gray , et al . , . re-
questing the vacation of "lilt Street , between :nth Street
and 10th Street , Colony of Olivenllain .
The Doard referred the ;natter to the County
dlanning Commission for investigation and reco1vendation .
The petition has been set for hearing before the
Board of Supervisors and a copy of the Notice of Hearing is
enclosed .
Very truly yours ,
J . B . :a LELS , County Clerk
L--Lnd ex officio Clerk bf the
Board of Supervisors
By
ok . Deputy
Enc . l
co
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47
All
JUL — 17 1941
a
Minute Vol .
7VellCash
PETITIW CLOSING "H " STREET be" y
9th . & 10th . STREETS, COLONY of OLIVENHAIN.
Encinitas , California ,
To The Honorable Board of Supervisors
of The County of San Diego , California .
Gentlemen : -
The undersigned free-holders of the County of San Diego ,
State of California , all of whom are residents of the County of San
Diego , and are taxable therein for road purposes , HEREBY PETITION your
Honorable Board to Close , Abandon and Vacate "H" STREET, between 9th•
Street and 10th. Street, Colony of Olivenhain, being that area lying
between Lots 54 and 55 of said tract as shown on Map thereof No . 326
on file in the office of the Recorder of the said San Diego County.
That the said Street passes over the lands of the following per-
sons , to -wit : Howard F . Gray and Mary A . Gray;
That the reasons for closing said Street are that the said Howard
F . Gray and Mary A . Gray are owners in fee of Lots 54 and 55 , being the
land adjacent on both sides of the ' said "H" Street, between the norther-
ly line of 9th . Street and the Southerly line of 10th . Street; that
the land is essentially farm land, and was purchased by the owners as
such and with the belief that Lots 54 and 55 and the intervening Street
were all in one parcel ; the majority of the Streets in the vicinity hav-
ing been previously vacated ; that the said Street serves no useful pur-
pose as a thoroughfare and should be vacated for the same reasons that
portions of "F " , "G" , "H" , " J" , "R" , " L" & " M" Streets in the same tract
were previously vacated .
That your Petitioners are informed and believe that the said Howard
F . Gray and Mary A . Gray are owners in fee of the above described land ;
and each of whom hereby consents to the Closing of the said "H" Street
between the Northerly line of 9th . Street and the Southerly line of 10th .
Street$ Colony of Olivenhain.
SIGNED ,
NA ADDRESS
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JUN — 9 1941
JUL 7 . 1941 Minute Vol . --1.I:/-- , Page .- �
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June 5 , 1941
- - - - This - is . to certify that the names above checked,-appear.
on the 1940 -41 assessment rolls as owners of real property in
the County of San Diego . .
OROWEII D. EDDY , ASSESSOR
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