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RESOLUTION NO. 2022-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARCOS APPROVING AN AGREEMENT BETWEEN THE CITY AND
URBAN VILLAGES SAN MARCOS, LLC, FOR THE SALE OF CERTAIN
CITY-OWNED REAL PROPERTIES WITHIN THE UNIVERSITY
DISTRICT SPECIFIC PLAN AREA, AND AUTHORIZING THE CITY
MANAGER AND THE CITY ATTORNEY TO NEGOTIATE, FINALIZE, AND
EXECUTE A PURCHASE AND SALE AGREEMENT WITH RESPECT TO THE SAME
WHEREAS, in March 2007, the City entered into a Purchase, Assignment, and Repurchase Agreement with the predecessor-in-interest to Urban Villages San Marcos (“UVSM”), by which UVSM obtained the right to acquire certain City -owned properties, including three properties known as the “Archstone Properties” (APNs 221 -100-14, -36, and -64), and a fourth property known as the “Padilla Property” (APN 221-100-56) (collectively, the “Properties”); and WHEREAS, UVSM subsequently notified the City that it was exercising its option to purchase the Properties; and
WHEREAS, state law governing the sale of real property by local agencies, the Surplus Land Act, was amended to impose certain requirements of a city prior to selling property, unless the property was exempt; and
WHEREAS, the City obtained confirmation from the California Department of Housing and Community Development (“HCD”) that the Properties were exempt from the Surplus Land Act under Government Code Section 54234 because they were subject to an exclusive negotiating agreement that was entered into prior to September 30, 2019, and the disposition would be completed no later than December 31, 2022; and
WHEREAS, City staff has negotiated the terms of the sale with UVSM and has memorialized those in a Purchase and Sale Agreement, a copy of which is attached as Exhibit 1 to this Resolution, and which includes the following terms:
• Key Dates
o Escrow Close: December 1, 2022
o Transaction to be Completed: No later than December 31, 2022
• Price:
o Archstone Properties: $ 8,245,000
o Padilla Property: $ 1,000,000
• Property is Being Sold in As-Is Condition, with No Warranties
• Discovery Street: The City will dedicate a portion of the Padilla Property as a right-of-way for Discovery Street
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• Construction Easement: UVSM will grant the City a temporary construction easement over the Padilla Property for the period ending December 31, 2023
• Affordable Housing: The City will use the proceeds from the sale of the Archstone Properties for the development of affordable housing in the University District
WHEREAS, consistent with the Purchase, Assignment, and Repurchase Agreement and the criteria for qualifying as exempt from the Surplus Land Act, UVSM and the City will complete the disposition of the Properties to UVSM no later than December 31, 2022; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Marcos does hereby approve the sale of the Properties to UVSM, pursuant to the terms as substantially set forth in the Purchase and Sale A greement, attached as Exhibit 1 to this Resolution, and authorize the City Manager, with acquiescence from the City Attorney, to negotiate, finalized, and execute the Purchase and Sale Agreement, and take all other actions reasonabl e necessary to complete the sale.
PASSED, APPROVED and ADOPTED by the City Council of the City of San Marcos, California, this ____ day of _________, 2022, by the following vote:
AYES: COUNCILMEMBERS: __________________
NOES: COUNCILMEMBERS: __________________
ABSENT: COUNCILMEMBERS: __________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
Phillip Scollick, City Clerk
City of San Marcos
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTIES
Former Padilla Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN MARCOS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2 IN BLOCK 63 OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE
CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1895, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 1 IN SAID BLOCK 63; THEN SOUTH 73°38'30" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 277.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 9°20' EAST PARALLEL WITH THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 230.82 FEET TO A POINT ON THE NORTHERLY LINE OF LAND DESCRIBED IN DEED TO PHILIP SHUBIN, ET UX, RECORDED MAY 14, 1948, IN BOOK 2797, PAGE 151 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE SOUTH 73°38'30" WEST PARALLEL WITH SAID SOUTHERLY BOUNDARY OF SAID LOT 1, 2 AND 3, A DISTANCE OF 200.21 FEET; THENCE SOUTHERLY TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 1 DISTANT THEREON NORTH 78°38'30" EAST, 204.00 FEET FROM THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ELIK F. SHUBIN, ET UX, RECORDED DECEMBER 3, 1951, IN BOOK 4308, PAGE 2 OF OFFICIAL RECORDS; THENCE NORTH 78°38'30" EAST, 110.21 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THE SOUTHWESTERLY 65.00 FEET (MEASURED ALONG THE SOUTHERLY LOT LINE) OF THE ABOVE DESCRIBED LAND.
APN: 221-100-56
Former Archstone Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN MARCOS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOTS 1, 2, 3, AND 4, IN BLOCK 63 OF THE SUBDIVISION OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; ACCORDING TO MAP THEREOF NO. 806, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY DECEMBER 21, 1895, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 09°20' EAST ALONG THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 230.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 73°38'30" WEST PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOTS 1, 2, 3, AND 4 A DISTANCE OF 1010.46 FEET; THENCE NORTH 09°20' EAST 230.82 FEET; THENCE; NORTH 73°38'30" EAST PARALLEL WITH SAID SOUTHEASTERLY LINE 1047.08 FEET, MORE OR LESS, TO THE CENTER LINE OF THAT UNNAMED STREET BOUNDING SAID LOT 1 ON THE EAST; THENCE SOUTH 09°20' WEST ALONG SAID CENTER LINE 230.82 FEET; THENCE SOUTH 73°38'30" WEST 36.62 FEET TO THE POINT OF BEGINNING.
APN: 221-100-14
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THE WESTERLY 1 ACRE OF THAT PORTION OF LOTS 1, 2, 3 AND 4 IN BLOCK 63 OF THE
SUBDIVISION OF RANCHO LOS VALLECITOS DE SAN MARCOS, IN THE CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MA P THEREOF NO. 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1895, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTH 73°38'30" WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOTS 1, 2, 3 AND 4, A DISTANCE OF 1010.46 FEET; THENCE NORTH 9°20' EAST 230.82 FEET TO A POINT; THENCE NORTH 73°38'30" EAST PARALLEL WITH SAID SOUTHEASTERLY LINE 1047.08 FEET, MORE OR LESS, TO THE CENTER LINE OF THE UNNAMED STREET BOUNDING SAID LOT 1 ON THE EAST; THENCE SOUTH 9°20' WEST ALONG SAID CENTER LINE 230.82 FEET TO THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID BLOCK 63; THENCE SOUTH 73°38'30" WEST ALONG SAID PROLONGATION 36.62 FEET TO THE TRUE POINT OF BEGINNING.
APN: 221-100-33
THOSE PORTIONS OF LOTS 1, 2, 3 AND 4 IN BLOCK 63 OF THE SUBDIVISION OF RANCHO
VALLECITOS DE SAN MARCOS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 1895, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 73°38'30" EAST ALONG THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT, 36.62 FEET TO THE CENTER LINE OF THE UNNAMED STREET BOUNDING SAID LOT 1 ON THE EAST; THENCE NORTH 9°20' EAST ALONG SAID CENTER LINE A DISTANCE OF 461.64 FEET TO POINT "A" OF THIS DESCRIPTION; THENCE CONTINUING NORTH 9°20' EAST ALONG SAID CENTER LINE A DISTANCE OF 130.82 FEET TO POINT "B" OF THIS DESCRIPTION; THENCE CONTINU ING NORTH 9°20' EAST ALONG SAID CENTER LINE A DISTANCE OF 100 FEET; THENCE SOUTH 73°38'30" WEST PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 1 A DISTANCE OF 468.62 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO WILLIAM P. SAMADUROFF, ET UX RECORDED DECEMBER 20, 1961 AS DOCUMENT NO. 219184 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 73°38'30" WEST PARALLEL WITH THE SOUTHEASTERLY LINE OF LOTS 1, 2 AND 3 A DISTANCE OF 578.46 FEET; THENCE SOUTH 9°20' WEST 230.82 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 73°38'30" WEST FROM SAID POINT "A"; THENCE NORTH 73°38'30" EAST 597.08 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO WILLIAM P. PATAPOFF ET UX RECORDED JUNE 9, 1966, AS DOCUMENT NO. 95382 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID LAND NORTH 9°20' EAST 130.82 FEET TO THE SOUTHERLY LINE OF SAID SAMADUROFF LAND;
THENCE ALONG SAID SOUTHERLY
LINE SOUTH 73°38'30" WEST 18.62 FEET TO THE SOUTHWESTERLY CORNER OF SAID L AND; THENCE NORTH 9°20' EAST 100 FEET TO THE TRUE POINT OF BEGINNING.
APN: 221-100-64
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EXHIBIT B