1994-703195Recording requested by:
City of Encinitas
When recorded, mail to:
City Clerk
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024
OOC 1 4-07031 5
08-DEC- 1994 11: 15 AM
OFFICIAL RECORDS
SAN OIE60 COUNTY RECOROER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
FEES: 0.00
APN 260-413-26
RESOLUTION NO. 94-110
A RESOLUTION OF TI{E CITY COUNCIL
OF TI{E CITY OF ENCINITAS
APPROVING A SUMMARY VACATION OF
A PORTION OF
MACKINNON AVENUE
SOUT~ OF LIVERPOOL DRIVE
Wt{EREAS, a request for vacation of a portion of MacKinnon Avenue
south of Liverpool Drive has been requested by David and Martha
McChesney, owner of adjacent property;
WI{EREAS, the vacation proceedings were conducted under Chapter 4,
Part 3, of the State of California Streets and Highways Code;
Wt{EREAS, this vacation will not cut off access to any person's
property which, prior to the street vacation, used MacKinnon Avenue
for access;
Wt{EREAS, this portion of the street has not been used for the
purpose for Which it was offered for dedication;
WI{EREAS, there are no other public facilities located within this
portion of MacKinnon Avenue;
Wt{EREAS, on October 13, 1994, the Planning Commission made the
finding that the requested vacation of a portion of MacKinnon
Avenue is consistent with the City of Encinitas General Plan with
respect to location, purpose, and extent;
RES4242
4026VA
1835
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Encinitas approves a Summary vacation of a portion of MacKinnon
Avenue, south of Liverpool Drive as shown on Exhibits "A"and "B",
in accordance with the following:
The project as proposed is consistent with the City of
Encinitas General Plan and General Circulation Element.
o
The project .as proposed is exempt from environmental
review pursuant to the California Environmental Quality
Act Guidelines, Section 15061(b) (3).
o
There is no present or prospective public use for the
easement for public right-of-way.
BE IT ALSO RESOLVED that the City Clerk of the City of Encinitas
shall cause a certified copy of the Resolution of Vacation,
attested by the Clerk under seal, to be recorded without
acknowledgement or further proof, in the Office of the County
Recorder. Upon such recordation, the vacation process shall be
deemed complete.
PASSED AND ADOPTED this 9th day of November, 1994, by the following
vote, to wit:
AYES:
NAYS:
ABSENT:
Bond, Davis, Duvivier, Hano, Wiegand
None
None
Ga~l Hano, Mayor
City of Encinitas
ATTEST:
E .~~a P~ool, Ci~ty~Clerk
RES4242
4026VA
I, E. JANE POOL, City Clerk of the City of Eneinttaa, California
do hereby certify under penalty of I)erjury that the above
and foregoing is a true and correct copy of this document
on file in my office. In witness whereof I have ~et my hand
and the Seal of the City of Encinitas this
EXHIBI "A"
LEGAL DESCRIPTION
STREET VACATION
Ail that portion of MacKINNON AVENUE, as shown on :,lAP OF
CARDIFF "A" , in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No.
1334, filed in the Office of the County Recorder of San
Diego County on May 12, 1911, bounded on the northwest by
the southerly line of Liverpool Drive, as shown on said
Map 1334, and bounded on the east by the east line of said
Map 1334, and bounded on the southwest by the northeast
line of Lot 1 in Block 42 of Map 1334.
This legal description was prepared by Jon Blake, LS 4368
as part of.a Street Vacation request.
36n Blake PLS 4368
expires 9/30/97
EXHIBIT "B"
15'
1837