1979-239324 (2)Noe _21 WEDNESDAii, MAY 23, 1979 Vac. 77 -41
79- 239324
FILEIPACE NO,
;'ipD�, 1979
11FCORDF0 RE011GST OF
Re: Vacation and Abandonment )&r��cwY�(01Y�
a Portion of Fourth ) "F
Street, Encinitas
OFF1C c�icDS
RECORDER
RESOLUTION VACATING AND ABANDONING SAN DIEGO COUNTY CALIF,
EXCESS RIGHT -OF -WAY OF A COUNTY HIGHWAY
ON MOTION of Supervisor Eckert , seconded by Supervisor Moore , the NOR
following resolution is adopted:
WHEREAS, Mr. Paul L. Balalis and 1Ir. Charles P. Pigneri have requested the
vacation of the hereinafter described portion of a County highway (Document No.
584177 ); and
WIMRIAS, Section 960.1 of the Streets and Highways Code, provides that the
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
101F.REAS, the County Planning Commission has recommended said portion of County
highway be vacated (Document No. 584177 ) and
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
is not subject to the environmental impact review process; ACCORDINGLY,
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
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 FURT1iE11 RESOLVED that the hereinafter described portion of County highway
be and is hereby vacated and abandoned;
u
F
r.
O
1pr
Y
• i
N
�
y
x�
a
t
1
Z
t
v
M
M`
r.
1pr
Y
• i
1307
No. 21 -2- Vac.
Parcel No. 77- 1150 -A
r' That portion of 4th Street according to map of Encinitas in the fount;
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
10.00 foot wide strip, the Westerly line of said strip being the East(
line of Block 38 of said Map No. 143.
Said strip to terminate Northerly in the Easterly prolongation of the
Northerly line of said Block 33 and terminate Southerly in the Easterly
prolongation of the Southerly line of said Block 38.
RESERVING 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
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 fron 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 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:
AYES: Supervisors Hamilton, Moore and Eckert
NOES: Supervisors None
ABSENT: Supervisors Hedgecock. and Bates
STATE OF CALIFORNIA) ss. a - —
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. ar
Witness my hand and the seal of "Board of Supervisors, this 23rd day of
May, 1979
PORTER D. CREMANS
Clerk of the Board of Su ervisors
t
rn
i
P
o.
H
a
Z
a
Z
Al
a
i ?
APPROVED PS TO FOR-11 AAND LEGALITY
e '
COUNTY COUINSEL
���
• q 8y Jo ce A. Jones � (.C� , �ti
� �
- --
t
p
u �, r•4
.1447
D uty
1
'y
I
i
.
.. A
1307
No. 21 -2- Vac.
Parcel No. 77- 1150 -A
r' That portion of 4th Street according to map of Encinitas in the fount;
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
10.00 foot wide strip, the Westerly line of said strip being the East(
line of Block 38 of said Map No. 143.
Said strip to terminate Northerly in the Easterly prolongation of the
Northerly line of said Block 33 and terminate Southerly in the Easterly
prolongation of the Southerly line of said Block 38.
RESERVING 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
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 fron 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 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:
AYES: Supervisors Hamilton, Moore and Eckert
NOES: Supervisors None
ABSENT: Supervisors Hedgecock. and Bates
STATE OF CALIFORNIA) ss. a - —
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. ar
Witness my hand and the seal of "Board of Supervisors, this 23rd day of
May, 1979
PORTER D. CREMANS
Clerk of the Board of Su ervisors
t
rn
i
P
o.
H
a
Z
a
Z
Al
a
i ?
APPROVED PS TO FOR-11 AAND LEGALITY
P
COUNTY COUINSEL
���
• q 8y Jo ce A. Jones � (.C� , �ti
>..•a1
�
EY S c?
p
u �, r•4
.1447
D uty
1
I
i
.
UtVj 1Y