Supervisors set hearing to vacate Clemmens Lane right of way

If a hearing December 5 results in San Diego County Board of Supervisors approval, approximately 300 additional square feet of right of way along Clemmens Lane will be available for Walgreen Corporation and Evergreen Devco Incorporated.

A 5-0 Board of Supervisors vote October 24 set the December 5 hearing date. If the Irrevocable Offer to Dedicate is vacated, the encumbrance will be removed from the commercial site.

The original Irrevocable Offer to Dedicate (IOD) for the parcel was recorded in December 1975 and was acquired by the county to facilitate the widening of Clemmens Lane to the commercial right of way standard of 36 feet from the centerline of the street. However, additional IODs were never obtained from adjacent property owners.

Subsequent street improvements were constructed at a lesser width, and the area which would be vacated is behind the existing curb, gutter, and sidewalk improvements.

Under the state Streets and Highways Code a local government may terminate the public right to use a street, highway, or public service easement upon a finding that the area is no longer needed for current or prospective public use.

The county’s Department of Public Works has determined that the IOD right of way is excess to county needs. The area to be vacated is six feet in width by approximately 76 feet in length and would not provide connectivity for a trail or other non-motorized use.

Walgreen Corporation and Evergreen Devco Incorporated are developing the northwest corner of Clemmens Lane and Mission Road. They requested the vacation of the IOD and will pay the county’s cost to process the vacation, which is estimated at $2,500. That estimated amount has been placed on deposit with the county.

In July the Fallbrook Community Planning Group voted 10-0, with one abstention, to recommend the vacation.