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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