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BEFOR THE BOARD OF SUPERVISORS OF
THE COUNTY OF SAN • DIEGO , STATE OF CALIF-
ORNIA , ON THE 23rd DAY OF APRIL , 1934 .
In the Matter of the Petition of )
BRUNO DENK , ET AL . , for the )
Vacation of Streets in Olivenhain , ) ,
Fifth Division , San Diego County , )
California . . . . . . . . . . . . . . . . . . . . . . . . )
This being the time heretofore fixed for the hearing on
the petition of BRUNO DENK , ET AL . , praying for the vacation of
Streets in Olivenhain , Fifth Division , San Diego County , California ,
more particularly described , as follows :
"D" STREET , from the southerly line of 4th Street to
the southerly line of 2nd Street , except -
ing therefrom any portion lying within
the right of way of County Road Survey
572 ; also " D" Street from the southerly
line of 4th Street to the southeasterly
line of County Road Survey 4581 excepting
therefrom any portion lying within the
right of way of Road Survey 572 ;
THIRD STREET , from the easterly line of " C " Street , to
the easterly line of " E " Street , excepting
therefrom any portion lying within the
right of way of County Road Survey 572 ;
FOURTH STRFWs from the westerly line of " D " Street to
the easterly line of " C " Street , excepting
any portion thereof lying within the right
of way f said Road Survey e 572 •
y ,
" C " STREET , from the ncr therly line of First Street to
the . most southerly corner of the Colony of
Olivenhain .
All according to Map of Olivenhain No . 326 ,
records of said County .
Proof is made that due and legal notice has been given of
said hearing , and no protest or objection being made to the vacation
- of said streets ; on motion of Supervisor Richards , seconded by Super -
visor McMullen- 3 and carried ,
IT IS ORDERED that . said petition be and the same is hereby
granted , and said streets are hereby declared vacated , abandoned and
discontinued , according to the prayer of said petition .
STATE OF CALIFORNIA, 1
COUNTY OF SAN DIEGO (SS. '
I, J. B. MCLEES, County Cler)))k of the County of San Diego, State of California, and ea-officio Clerk of the Board
of Supervisors of said County, hereby certify that I have compared the foregoing copy with the original__PS_tI ti._o_?L ! '
of Bruno Denki et all for the Vacation of Streets in olivenhain , Fifth Division
I -
Sa-n 1?fege- -Gourrtys - f;si-tf-.--- ----- -- ---- ---- -- ------ - -- --- - ----- ---- -- - - ---- ------ - ----- ------ ---- --
now on' file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof.
t -
Witness my hand and the Seal of said Board of Supervisors, this_ ____27t?? ______ _ __ __ _ ____
day of------ ApY!il ... .. .. --..A. D., 19J _ 34 _ .
B. cLEl Clerk.
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OFFICE OF
COUNTY ROAD SUPERINTENDENT
Room 40, COURT HOUSE
; kyT^(nf`; April 9th , 1934
�.. .
The Honorable
The Board of Supervisors
County of San Diego ,
San Diego , California
Gentlemen :
When the easement was granted for a R/W. Road
Survey No . 572, across lots 12-13 , Olivenhain Colony it
was agreed to vacate certain portions of 3rd Street , a
subdivision street , thru Bruno Denk ! s property .
In keeping with this agreement , it is recommended
that all that portion of 3rd Street in Lots -8-12-13 of
Olivenhain Colony Map No . 326 not within easement granted ,
Road Survey No . 572 be vacated , as shown by plats attached .
Very truly yours ,
F
E . R . CHILDS , EX- OFFICIO ROAD COMMISSIONER
Bar •..3 "" r' '.r' P.= Ie :_ .•v ' .� Assistant
�`/ J . ."l . Cole
PAINT(D IN CAN WOO
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CM6 Encinitas 'Coast Dispatch
Encinitas, California i
to �tb�IYr��tnn
State of California,
County of San Diego, } ss.
E. Ziegler Hicks, first being duly sworn deposes and says : "I am over the age of
twenty-one years, and am now and have been during all the times herein mentioned, the
```, chief clerk of The Encinitas 'Coast Dispatch, and as such chief clerk I have at all times
; NOTICE OF HEARING ON PETITION herein mentioned had control and manage-
OF BRUNO DENK, ET AL, FOR THE
( VACATION OF STREETS INOLIVEN • ment of all the advertisements that have ap-
IHAIN, FIFTH DIVISION. SAN DIEGO,
i COUNTY. _ peared during said time in The Encinitas
• 13UB141C NOTIOPI 7S HERrBY CI\'rN Coast Dispatch ; that The Encinitas Coast Dis-
that on lltonday, the 23rd day of Aprtl,
19341 at the hour of 11.00 - o'clock A. 111.
at the office of the Board of Supervisors j patch is published weekly in the Town of En"
of the County of San Diego State of Cal-
Ifor till l ate court Haase; In the city I einitas, County of San Diego, State of Cali-
poiltlonDof Bruno County
De`nk. et and States
tvlil Will I
hoard, l ae t peiltlIn riling this Board fornia ; that said newspaper has been estab-
to �lcclnro alreute in 011voilnnin, Fifth
I Dlvislon, San Diego County, Cnilfo•nln,
! closed and abandoned, mere. particularly dished and published in said Town, County
ltusm•ibad ae folloo•s:
"D^ Street, front the eoutho•Iy 11110
Of 4th Street to thu southerly Ilne of I and State for more than one year last past
j 2nd Street, excepting therefrom any
portion lying . withill. the right of way
of County Road survey 672: also "D° and is a newspaper of general circulation as
( Street front - the southerly 1111r of 4th
: Street to tha southeasterly . line ac
County . Rood Survey 468, excepting defined in Section 4460 of the Political Code
j ce
theref•out ally portion dying within
the right re t, fron ]load Survey 672: of the State of California ; that a notice of
+ Third Street, [ram the easterly
lino of ,C,, Street, to the easterly
lino of "r" SLreat, excaluhng there- which the attached printed slip is a true copy,
front any portion lying within the
right of wily of County (toad Survey
was published in the regular and entire issue
Fourth Street, [roe tile weal o•ly
Ilne of "D" Street e to tile g "), per- of said newspaper, and not in any supplement
Ilno of C" . Street, uxcCPting any ,Par- .
' tion thereof lying within the right
of why of said Road Survey 672 ;
" a thereof for a period of t�> ree...• .. issues
C Street, front the northerly line -- ------ )
of -First :3lroot to the moat aoutha•ly
cornets of the` to 'M of r 011 11 'll beginning with the issue dated.Uril...........
All according to JGUI of 011vuuhnin
\'o, 326, records of Built County.
The , of land ao•oss whlah or 5.t.h...1934 .., and ending with the issue
�ontlguolts to which said strvcts run tire ! ...... ... .
a fenn,tK: , dated ..Apr.U .. l9.th...--
nRU�o Drsic -•---- --• . ..... ..71... ... . 193..4.
it (1olts. 'rrsrluX /y '
lwtitC TURNr E
R .... .. 'J��./... . .................
trite re°spn cloning 811111 Htreels 18 that
Snov 1.'tlaC111e11tN have head granted by
( prilp°''`y owncra fot. R°"`' s"' trey N"' 42°' Subscribed and sworn to before me this
Rod Survey Au 168 'and � hood Survey ;
672 to allpwatd° tho streets to bu I
a nitd ..2n$ .... .. ...day o . .April . i 193..4.
You 1114) pert by notified to appeal' at
said lints and place and shoo• cans°. If ice.
t
any you hove, wiU• Oho Said aU•euts should . •. ... .............. . ... ...............l..- .:3,. .....
not bu closed, ndnu,dnnad nod di$cmnun- Notary PuhliaY n and for the County of
tied,- according to .the prayer of said pa- San Diego, '*ate of California.
titian, .
U) • an order of tile Ron1d of,flupor- My Commission Expires May 271 1934s
visor$ of the t ounty.- of Still , Diego Stnto
of C°llfitrnht; d`ulud Maroli 26, 19%3,1,
�/ r
J . B. McLEES, County Clerk,
and ex•offlclo Clerk of the Board
i of Supervleort. .
By C. BUCKLEY
(SEAL) _ Deputy.
April, 5-12-19, 1994, '-'
AFFIDAVIT OF POSTING NOTICE OF HEARING
ON PETITION OF BRUNO DENK , ET AL , FOR
THE VACATION OF STREETS IN OLIVEMLzJN ,
FIFTH DIVISION , SAN DIEGO COUNTY ,
CALIFORNIA .
STATE OF CALIFORNIA )
SS .
COUNTY OF SAN DIEGO )
of San Diego County , 'tieing
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
of the County of San Diego , California , he securely and conspicuously
posted notices according to law , along the streets 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 the day of - , 1934s to and
including the -,3 day of l , 19340
v'
Subscribed and ` sworn . to before me ,
this , g day of . 2 19340
Notary Public and for the County
of San Diego , State of California .
,r/3/�
NOTICE OF HEARING ON PETITION OF BRUNO
DENK , ET AL , FOR THE VACATION OF STREETS
IN OLIVENIIAIN , FIFTH DIVISION , SAN DIEGO
COUNTY .
PUBLIC NOTICE IS HEREBY GIVEN that on Monday , the 23rd
day of Aprils 19341 at the hour of 11 : 00 olclock A . Ivi . , at the
office of the Board , of Supervisors of the County of San Diego , . State
of California , in the Court House , in the City of San Diego , said
County and State , the petition of Bruno Denk , et all will . be heard. ,
being a petition asking this Board to declare streets in Olivenhain ,
Fifth Division , San Diego County , Cal if ornia , closed and abandoned ,
more particularly described as follows :
" D"Street , from the southerly line of 4th Street to
e sou erly line of 2nd Street , excepting therefrom
any portion lying within the right of way of County
Road Survey 572 ; also " D" Street from the southerly
line of 4th Street to the southeasterly line of County
Road Survey 4582 excepting therefrom any portion lying
within the right of way of Road Survey 572 ;
Third Street , from the easterly line of " 0 !I Street to
e eas - e line of " E " Street , excepting therefrom
any portion lying within the right of way of County
Road Survey 572 ;
Fourth Street , from the westerly line of "D" Street to
e eas er y line of " C " Street , excepting any portion
thereof lying within the right of way of said Road
Survey 572 ;
" C " Street , from the northerly line of First Street
to the most southerly corner of the Colony of Olivenhain .
All according to Map of Olivenhain No . 326 , records ,
of said County .
The owners of land across which or contiguous to which
said streets run are as follows :
BRUNO DENK
CARL TETEN
HARRY " TURNER
The reaso closing said streets is that new easements have
been granted by property owners for Road Survey #426 , Road Survey #458
and Road survey #572 to supersede the streets to be vacated .
You are hereby notified to appear at said time and place
and show cause , if any you have , why the saix streets dhould not be
closed , abandoned and discontinued , according to the prayer of
said petition .
By an order of the Board of Supervisors of the County
of San Diego , State of California , dated March 26 , 1934 .
J . B . McLEES , County Clerk and ex-officio
Clerk of the Board of Supervisors .
y •
( SEAL )
> y/c3/3y
� 1
March 28 .% 1934
Encinitas Coast Dispatch
Encinitas , Calif av nin
Gont2 amen :
I3ererrlth enclosed Uotice of Hoarinf; on petition
of Firuno Denk , cat nl , for the vacation of streets in
01•ivenhain , for publication in the Encinitas Coast pispotoh
once a week for two consecutive weeks ) threo publications
in all o �i? t : Lpri l 5th , 12th and l9th , 1034 *
OT
laay tie b.nve the affidavit of publication of this
notice prior to the time fixed for hearinr, on the patitdon .
Very truly you rn ,
J. bo MoLMS . County Clerk
& ex-officio Clark of the
Board of Supervisors .
By
Y •
CH / ok pu
Eno . l
March g3 . 1034
tiro Bruno Denk
Encinitas , California
Dear Sir :
Transmitting horecvith noti eo of hearing on
the petition for vacation of streets • in Olivenliain .
3ndly poet one of those notieou on each of
the streets proposod to be vacated . m ha notices
imxst bo posted for a poriod of fourteen days prior• to
the day fi..od for ?nearing on said petitions 'Therefore ,
thoy must be pouted by April go 10349 and may be pouted
at any time prior thereto .
Men the notiooa have been posted for the
required length of times kindly malre affidavit of the
foot on the form also herewith enclosed and return such
affidavit to this offioe . before the date fixed for hoar -
ing on said petition .
Very truly yoursp
J. Be MoLEES , County Clerk
& ex-officio Clerk of the
Board of Supervisors .
lay
CB JOIi Deputye
Enos .
ERN EST R. CHILDS BERTRAM D. MOORE
SURVEYOR '� 1 CHIEF OPPICE DEPuTY
OFFICE OF CHESTER O. RICHARDS +
SURVEYOR OF SAN DIEGO COUNTY CHIEF FIELD DEPUTY
SAN DIEGO, CALIFORNIA
March 23, 1934
FROMt Ernest R . Childs , by A . W . Daniels , Deputy
Tot The Honorable , The Board of Supervisors
SUBJECT : Road Survey 572 - -Vacation of certain streets in Olivenhain,
Reference is made to our letter of June 19th, 1933 ,
addressed to your Board, advising you that , in connection
with securing right of Bray for Road Surveys 572 and 458
across the properties of Bruno Denk, Carl Teten, et al,
it was agreed that certain streets intOlivenhain were
to be vacated when the new easements were granted.
We have just recently received a communication from
Bruno Denk at Olivenhain asking that this matter be
taken care o£ , accordingly we have asked Mr . Denk to
circulate a petition in that community, which is
attached hereto , asking that these streets be abandoned .
According to law it will probably be necessary to advertise
and post the vacation of these streets and any expense
attached thereto we believe should be borne by the County,
as most of the right of way across the property was granted
without compensation .
Yours respectfully,
Ernest R. Childs
County Surveyor and
Ex- officio Road Commissioner
jby Uk Deputy
ert li . Daniels
Right of Way Engineer .
encl .
AWD : s
I
N1AR 2G 1934
J . B . McLees, county Cj'er (
Petition for Closing ........ ...stre.:.t.s. ...............
in ..........o 3venha�.n,......... .............................................. San Diego County
Road District No. .....5......,. ..._ ... .............. ....:....
To the Honorable the Board of Supervisors
of the County of San Diego, California.
G>rrrri.r.Nl ENT :
The undersigned free-holders of the County of San Diego, each of whom will be accommo-
dated by the closing of said...........streets........................ . . ............and two of whom are residents of the
Road District N%*herein the said ...6..........6..........Sta Teets.................................6.......is situated, and each of whom
is taxable therein for road purposes, hereby petition your Honorable Board to close, abandon and
vacate .....said...streato.............................in the ...............Fifth..................................Road District, described as
J follows :
!!D.!!.....S.tree.t.,....from..ab.e..s.outherly,...line ...of 4th .Street .to the southerly line
o n street , excepting therefrom any portion lying witiin f1ze' right"
af....way....A. ....Ca�ax� ty...Rosa... 'vey, 2:;.... also.. ,,D". ..Street .from the southerly line
of 4th Street to the southeasterly line of County Road Survey 4 8;""'except-
ing.14, there.from ...my.....P.ortion.. ly ng..within .the .right of wad* .o.f .Road Survey 572;
Third...S.tre.e.t.......fro..m...the.....easterly... line of 110 street to the easterly line of
Street, excepting therefrom any portion dying -w t�iiri" -tie'"'°right, 940 " way
.of.....County.....Road....Q% ...vQ.Y...572,i................................ ............................................................
Fourth...atra.et.,.....frOn...the...westerly .line ,of "D". Street to the easterly line
o ree , excepting any portion thereof lying within' tFi"e'"'right""of way
Qf.... ai.d...Ra d....Se rv....y 572,;............................................................................................................
'!G!'....S.traot.,.....fro..m..the„northerly line .o,f ,First Strebt to the most southerly%
corner o_ the Colony of Olinenhain.
ll,,ssgording to .-Map of Olivenhain No. . .326, records of said County . '11
................................................................................ ..........:..................................................................................................
........................................
That the reasons for closing said...............streets.......................................................................... are :
XQw,;;,QA ,Q QAts:;;have,,.been_. granted -bar property ornners for Road Survey 426 ,
R.oad....Wr me y....4S8 ...g.nd,,,Road,,, Survey .572, to replace the streets to b e
... ... .................................................. . ...I...............
..nacat.edi........................................................................................................................................................:..........................:.
.................:..........:..........
That the said ..........s.tb.e.eta.....................................passes • over the lands of the following persons,
t0 wit
rh . � C ✓. .. ........... / . .. .... . y°I . . . .. .. ../.fL , . `N:.
! iL
................................:::............................................................................................................................................................
..............r� R..z.G...� � :...:.....
J.;$.,MELBes;.Count-y -c-lerl(
SY_ µ.� S c�� DepuIY
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That as your petitioners are informed and believe the said persons and each of them are
the owners in fee of the above described lands, and each of whom consents to the closing of said
........................................................................4...... .............. strpots........................:.......................................................
..........................
...
.............................................................................................................................................................................................
................................................
except the following parties who object to the closing of said..........strQetA........................
..... ......................................................................................................... ........ ..........
And your petitioners will every pray, etc. ,
ti ........... !!Ili. ............................
.......° ..... :-:.. .................... ...... .. . ..
.......: ..
. .. .. .. ice.. , .... .........
.. - .� .... ........,........................
.........
.. . ........ . ._. ........... ............. ... ........ ..
......... ................. .. ......... ....... ... . . . .......... ...........
. .........
... .... . .....................
......... .. .. . . . ...... ..... .... ......... ......... .
3 00.E lay
ERNEST_R, CHILDS , DERTRAM D. MOORE
SURVEYOR � CHIEF OFFICE OEFUTY
, j OFFICE OF CHESTER O. RICHARDE
SURVEYOR OF SAN DIEGO COUNTY CHEF FIELD DEPUTY
SAN DIEGO, CALIFORNIA
June 19 , 1933
FROM : ERNEST Ro CIiILDS , County Surveyor , A . 71 . Daniels , Deputy
To : Tom Hurley , Supervisor 5th District , San Diego , Calif .
SUBJECT: R . S . No . 572 VACATTHG CE11TAII.1 STREETS IiN OLITEIMAIN
Pursuant t.o our conversation this morning , together with
Mir . Denk and I,ir . Cole , the following information regarding the vacating
of certain streets in Olevenhain is furnished :
To vacate and abandon "D " Street from the Southerly line of
4th Street to the Southerly line of 2nd Street excepting therefrom any
portion lying w ithin the right of way of Road Survey No . 572 .
To vacate and abandon 3rd Street from the Easterly line of
'rC 'r Street to the Easterly line of "E" Street excepting therefrom any
portion lying within the rightway of Road Survey No . 572 .
To vacate and abandon " C " Street from the Northerly line of
lst Street to the most Southerly corner of the Colony Olivenhain .
Further in col:nection with vacatinrl these streets there are
two other matters that should be taken care of at the same time , ylhen
we purchased an Easement across Lots 19 and 20 of Olivenhain from
Harry Turner it was agreed that half of the streets on the East and
South Sides of his property were to be vacated . I do no believe that
this has ever been done - - at least we have no record of this vacation .
Also , at the same time we secured the Easement from Turner we secured
% an easement from Carl Teten for a small parcel of land connecting onto
\ ; - the Northeasterly end of the Turner Easement . The Easement from Teten
"s has never been recorded because he insidted on having the other half
1 , , of the street adjoining the Turner property vacated also . There was
some uncertainty at the time as to whether this could be done and we
have been holding this easement ever since awaiting some settlement of
the matter . To clear up this situation we respectfully reconuaend that
; .•? " D" Street be vacated from the Southerly line of 4th Street to the
Southeasterly line of Road Survey No . 458 and also vacate 4th Street
from the Westerly lino of I' " Street to the Easterly line of Ir I'
Street,,
excepting therefrom any portion lying within the right- of- way of R1S . 572 .
All of the vac ^ tions hereinbefore described are according to
i
the map o the Colony Olivenhain No . 326 , records of the County of
San Diego . The reason for the above vacations bein[ that Easements have
been Eranted by the property owners for Road Survey No . 426 , Road Survey
No . 458 , and Road Survey No . 572 to replace the streets to be vacated .
1 small plat is attached hereto .
77 Yours respectfully
s Iii
JUN 1 '. ! , ,.; ,� J;RNi ST ii . ce Zlli3 , Sur eyor
tt�� E
I CVIGL_cE;S, CUUntyClei�► Jai Deputy