1985- No . 28 WEDNESDAY , MAY 19 1985
Re : Vacation of portions of ) Vac . 82 -02
W . 8th Street and San )
Diego Avenue , Encinitas )
RESOLUTION VACATING A COUNTY STREET ,
HIGHWAY OR PUBLIC SERVICE EASEMENT
SUPERSEDED BY RELOCATION
ON MOTION of Supervisor Bailey seconded by Supervisors
Bilbray the following roesolution is adopted :
WHEREAS , Mr . Samuel Lipsett ( filed by Rick Engineering Co . ) has requested
the vacation of the hereinafter• desctoibed0p7 rtion of a County Street , Highway ova
Public Service Easement ( Document No . 675207 and
WHEREAS , Section 8330 of the Streets and Highways Code , provides that the
Board of Super•visor•s of any County may retain or may summarily vacate any
potation of a County Street , Highway ova Public Service Easement which portion has
been superseded by relocation , except in case such abandonment would cut off all
access to the pr•operoty of any person which , prior• to such relocation , adjoined
the highway ; and
WHEREAS , the County Planning Commission has recommended said portion of
County Street , Highway or* Public Se ►•vice Easement be vacated ( Document
No . 675207 ) ; and
WHEREAS , it appears to this Board that said potation of County Street ,
Highway ova Public Service Easement as recommended for• vacation by said
Commission is not needed for present ova prospective use as a County Street ,
Highway ova Public Service Easement and that said portion has been superseded by
relocation ; to wit , an extension of Sierra Ridge Drive has been constructed to
provide access to the properties ; NOW THEREFORE
IT IS FOUND , DETERMINED , AND DECLARED that the right of way to be vacated
is not useful as a non- motorized transpo ►•tation facility and that the proposed
vacation is not subject to the environmental impact review process ;
ACCORDINGLY ,
BE IT RESOLVED AND ORDERED that the vacation of the herseinafters described
County Street , Highway ova Public Service Easement is consistent with the General
Plan of the County of San Diego ; and
BE IT FURTHER RESOLVED that this Board of Supervisors finds that the
hereeinaftero described portion of County Street , Highway or Public Service
Easement has been superseded by relocation and that the vacation theroeof will
not cut off all access to the prsoperty of any person which , prior• to such
relocation , adjoined said portion of County highway ; and
BE IT FURTHER RESOLVED that the herseinaftere described potation of County
Stroeet , Highway or Public Service Easement be and is hereby vacated purtsuant to
the procedurtes pr•escrsibed by Chapter 4 ( commending with Section 8330 ) , Part 3 ,
Division 9 of the Streets and Highways Code :
APPROVED AS TO FORM AuD" LLOAu.�;,
COUNTY COUNSEL
MAY 1 1985 2 8 ,
.:,. .
:L 11F.PI1 jilt *
i
Parcel No . 82 -0337 -A Vac , 82 -02
That portion of 8th Street lying Nor•ther•1y of the Nor•ther•ly 2 Acres of the
Easterly 5 Acres of Block 92 of Map No . 326 , filed in the Office of the County
Recorders of the County of San Diego , State of California , AND lyin
Northwester We
ly of the sterly line of a strip of land 56 . 00 feet wide , the
Westerly line of said strip being described as follows :
BEGINNING at a point of the Easterly line of Lot 429 of Village Park Unit No .
9 Map No . 7549 filed in the Office of the County Recorders of said County ,
distant North 1 '3 °01 ' 19 " West , 82 . 38 feet from the Southeasterly coroners of said
lot ; said point being the beginning of a tangent 200 . 00 foot radius curve
concave Westerly ; thence Southerly along the arc of said curve through a
central angle of 28 °08 ' 31 " , a distance of 98 . 23 feet ; thence tangent to said
curve South 15 007 ' 12 " West , 60 . 00 feet fo a POINT OF TERMINUS .
Parcel No . 82-0337 -B - 1
That portion of the Northwesterly Half of San Diego Avenue and 8th Street lying
Nor•theaster•ly and Southeaster•y of the Nor•ther•ly 2 Acres of the Easterly 5 Acres
of Block 92 AND lying Southeasterly of the Easterly line of said before
described 56 . 00 foot strip of land , AND lying Southwesterly of the following
described line :
Commencing at the Northeasterly coroners of said Block 92 ; thence along the
Nor•ther•ly line of said Block 92 , a distance of 118 . 00 feet to the Easterly line
of said before described 56 . 00 foot wide strip of land ; thence along said
Easterly line North 15007 '12 " East , 40 . 00 feet to the TRUE POINT OF BEGINNING ;
thence leaving said Easterly line and parallel with the Northerly line of said
Block 92 , a distance of 37 . 00 feet ; thence South 60 °46 ' 38 " East to the
centerline of said San Diego Avenue , being a POINT OF TERMINUS .
Parcel No . 82- 0337 4
Unit poor t9 , Mafp No . 7549iAND Lotv33aofaVillage Park Trails , sMap No1184O9 , AND
the NNNortherly 10 . 00 feet of 8th Street , according to Map thereof No . 376 , all
said Maps being filed in the Office of said County Recorders , lying easterly of
the Easterly line of said before described 56 . 00 foot strip of land and lying
Southwesterly of the Westerly lines of Lots 427 , 428 and 33 and the
Southeasterly prolongation of the Westerly line of said Lot 33 ,
RESERVING AND EXCEPTING from vacation and abandonment easements and rights
pursuant to any existing franchise or renewals thereof , or otherwise , at any
time , or• from time to time , to construct , maintain , operate , replace , remove ,
renew and enlarge lines of pipe , conduits , cables , wires , poles and others
str•uctur•es , equipment and fixtures fore the operation of gas pipe lines ,
telegraphic and telephone lines and for the tr•anspor•tation ore distribution of
electrical energy and waters and for• incidental purposes including access to
protect the pr•oper•ty from all hazards in , upon , over* and across the above
described portions of highways proposed to be vacated and abandoned ; and
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 str•uctur•es including
access to protect the pr•oper•ty from all hazards in , upon , over• and across the
above described portions of highways proposed to be vacated and abandoned .
- 2 -
MAY 1 198528
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Vac . 82 -02
PASSED AND ADOPTED by the Board of Supervisors of the County
of San Diego , State of California , this 1st day of May ,
1985 by the following vote :
AYES : Supervisors Bilbray , Bailey , and Williams
NOES : Supervisors None
ABSENT : Supervisors Golding and Eckert
STATE OF CALIFORNIA) ss .
County of San Diego )
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 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
lst day of May , 1985 ( 28 )
PORTER D . CREMANS
Clerk of the Board of Supervisors
( SEAL )
By Maria A . Tiscareno
Deputy
MAY 1 198528 _ 3 _
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SAN DIEGO COUNTY DEPARTMENT OF PLANNING & LAND USE TELEPHONE 666 6874
ROAD VACATION
APPLICANT 'S NAME . RICK ENGI VEER " FILE N0. VAC A2 - a
ItqG - N -
ZONING DISTJAREA OLI %Zg.* IHA1 Net DATE FILED _ Zeel 2
STREET NAME al" Sr" AND SAN THOMAS BROS , 25 - C - 4
DIEGO wvr=.
BASE MAP NO , Qh SCALE1 I " • 400I
MAY 7 _ _ , 1985. 2