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1984-194669 RECORDING REQUESTED BY - - ---- CLERK OF THE BOARD OFfSUPERVISORS v �' $ Return to: MS A45 ZOO . 8 WEDNESDAY , MAY 160 1984 Re : Vacation of a Portion of ) " D" Street , Encinitas ) VAC 84 - 05 WJ94669 ' RESOLUTION VACATING EXCESS RIGHT-OF -WAY RECORiDEDlt• �I OF A COUNTY STREET HIGHWAY OR PUBLIC Forr I"nwr RECORDS 4 SERVICE EASEMENT 1584 MAY 24 AM 11 : 26 ; �� ON MOTION of Supervisor Williams seconded by Sup L L`/ LF > Eckert the following resolution is adopted : L RF-cVPDP4, r WHEREAS , McKeller Development Corp . ( filed by Rikki Alberson ) has requested fif4 M the vacation of the hereinafter described portion of a County highway ( Document m No . 663428 ) ; and ot WHEREAS , Section 8334 of the Streets and Highways Code , provides that the Board of Supervisors of any County may retain or may summarily vacate any portion of a County Highway which portion is excess right-of-way and not 0 s required for said highway ; and WHEREAS , the County Planning and Environmental Review Board has recommended said portion of County highway be vacated ( Document No . 663428 ) ; and , WHEREAS , it appears to this Board that said portion of County highway as Z recommended for vacation by said Planning and Environmental Review Board is not needed for present or prospective use as a County highway ; NOW THEREFORE Q IT IS FOUND , DETERMINED , AND DECLARED that the right of way to be vacated m cannot be used as a non-motorized transportation facility , and that the proposed vacation is not subject to the environmental impact review process ; ACCORDINGLY , O BE IT RESOLVED AND ORDERED that the vacation of the hereinafter described n County highway is consistent with the General Plan of the County of San Diego ; 0 and BE IT FURTHER RESOLVED that this Board of Supervisors finds that the Z hereinafter described portion of County highway is excess right- of-way and not required for said highway; and BE IT FURTHER RESOLVED that the hereinafter described portion of County highway be and is hereby vacated pursuant to the procedures prescribed by C Chapter 4 ( commencing with Section 8330 ) , Part 32 Division 9 of the Streets and m Highways Code : Parcel No . 84-0126 4 That portion of " D" Street in the County of San Diego , State of California , as shown on County of San Diego Tract No . 4293 , according to Map No . 10676 , field in the Recorder ' s Office of said County on July 8 , 1983 , lying ` r adjacent to Lot 1 of said Map No . 10676 and lying Northwesterly , Northerly i ; W and Northeasterly of the following described line : r � m ; 0 M l ' .} x . 1897 Board of Supervisors -2 - VAC84-05 BEGINNING at the Southeasterly corner of said Lot 1 ; thence Southerly alon the Southerly prolongation of the Easterly line of said Lot 1 , South g ' 06 040 ' 03" East , 10 . 00 feet ; thence Westerly along a line that is 10 .00 feet Southerly of and parallel with the Southerly line of said Lot 1 , South 83 ° 19 ' 57" West , 365 . 69 feet to the beginning of a tangent 20 . 00 foot radius curve concave Northeasterly ; thence Northwesterly along the arc of said curve through a central angle of 90 °03 ' 34" a distance of 31 . 44 feet ; thence r tangent to said curve North 06 °36 ' 29" West , 10 . 00 feet to a point in the Westerly line of said Lot 1 ; said point being the POINT OF TERMINUS . 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 structures , equipment and fixtures for the operation of gasopipealiine , telegraphic and telephone lines and for the transportation or distribution of 4 j the above electrical energy and water and for incidental purposes including access to describedhportionsyof rhi�ghwaysaproposed � top be , vacatednandcabandoned ; 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 , stone drains and appurtenant structures including access to protect the property from all hazards in , upon , over and across the 0 above described portions of highways proposed to be vacated and abandoned . M 0 O C' 0 C Z N m a � r r tow M< APPROVED AS Tp FORM COUNSEL AND LEGAUq rn 5 / 16 / 84 ( 8 ) EPU 3� j 1898 #_n ' PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego , State of California , this 16th day of May , 1984 by the following vote : AYES : Supervisors Hamilton , Fordem , Boarman , Williams and Eckert M NOES : Supervisors None ABSENT : Supervisors None 0 .; .0 � s .Z v ° rn t^� STATE OF CALIFORNIA ) ` County of San Diego ) ss , O 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 now on file in my office ; that the same contains a full , true and cothereof , at the time and by the vote therein stated , which original resolution is correct transcript therefrom and of the whole thereof . } C! Witness my hand and the seal of said Board of Supervisors , this of May , 1984 ( 8 ) 6 h day " PORTER D . CREMANS #f Clerk of the Board of Supervisors it # r �' �Rxu� G ► B Y r ( SEAL ) __Barbara Thi�reson Deputy � s i c M, u rr 84 - 05 VAC . . rn : v � , dS ihrltj