RESOLUTION NO. 2022-9082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS DECLARING CERTAIN CITY-OWNED REAL PROPERTIES WITHIN THE UNIVERSITY DISTRICT SPECIFIC PLAN AREA EXEMPT FROM THE SURPLUS LAND ACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54234(a)(1) WHEREAS, the City owns that certain real property described in more detail on Exhibit “A” to this Resolution (“Properties”); and WHEREAS, as relevant to this Resolution, the Surplus Land Act (California Government Code sections 54220 through 54236) defines two categories of public agency properties – Surplus Land and Exempt Surplus Land; and WHEREAS, California Government Code section 54234(a)(1) provides that if “a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by the act adding this section, to the disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed not later than December 31, 2022;” and WHEREAS, under California Government Code Section 54234(a)(1) and Section 103(b)(1) of California Housing and Community Development’s (HCD) Final Surplus Land Act Guidelines dated April 2021, property is considered exempt from the substantive Surplus Land Act requirements if it meets the two legal requirements of (i) being the subject of a binding agreement that had been entered into as of September 30, 2019; and (ii) the disposition of the property contemplated by that binding agreement is completed not later than December 31, 2022; and WHEREAS, the City and University Plan San Marcos, LLC entered into that certain Purchase, Assignment and Repurchase Agreement dated March 2007, which agreement was subsequently assigned to Urban Villages San Marcos, LLC (“UVSM”) and subsequently amended four times, on March 27, 2012, December 9, 2014, December 10, 2019, and October 13, 2020 (the “Binding Agreement”); and WHEREAS, since the Binding Agreement was executed in March 2007, Section 15 of the Binding Agreement has given UVSM (and its predecessor) the right “upon delivery of written notice to City to purchase from City all or any portion of the properties . . . owned by the City located within the area covered by the Specific Plan” as defined in Exhibit G to the Binding Agreement; and WHEREAS, UVSM is the master developer of the Specific Plan area; and WHEREAS, the Properties, which are also identified as APN Nos. 221-100-14, -33, -56 and -64, are owned by the City and located within the area covered by the Specific Plan as defined in Exhibit G of the Binding Agreement; and WHEREAS, the Properties identified by APN Nos. 221-100-14, -33, and -64 are commonly known as the “Archstone Properties;” and the Property identified by APN No. 221-100-56 is commonly known as the “Padilla Property,” which is currently part of a public works road improvement project (the “Project”) and, to the extent legally permissible, the City will sell the portion of the Padilla Property not utilized for the Project to UVSM, pursuant to the Binding Agreement; and WHEREAS, the Binding Agreement meets the first criteria to be exempt from the Surplus Land Act as the Binding Agreement had been entered into in 2007, in advance of September 30, 2019, and it, as a result of the binding amendments, remains a binding agreement for the conveyance of City owned real property within the Specific Plan area to UVSM; and WHEREAS, consistent with the Binding Agreement and the second 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 WHEREAS, consistent with the Binding Agreement, in letters to the City dated March 5, 2018, and October 18, 2021, UVSM exercised its options to acquire the Properties; and WHEREAS, prior to the adoption of this Resolution, the City corresponded with HCD and provided a draft of this Resolution to HCD; and WHEREAS, in response to that correspondence, HCD determined that the Properties were grandfathered 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, consistent with Government Code section 54222.3, neither the Surplus Land Act as it existed on December 31, 2019, nor the current version of the Surplus Land Act, impose any limits, obligations or restrictions on the conveyance of properties that qualify as exempt pursuant to California Government Code section 54234(a)(1) beyond giving HCD notice of, and an opportunity to comment on, the proposed conveyance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Marcos does hereby:
find that the foregoing recitals are true and correct;
declare that the Government Code section 54234(a)(1) exemption from the Surplus Land Act applies as the conveyances of the Properties to UVSM are (i) the subject of a binding conveyance agreement that existed as of September 30, 2019; and (ii) the disposition of the Properties, including that portion of the Padilla Property which is not utilized for the Project and can be legally sold, to UVSM will occur prior to December 31, 2022; direct City staff, at least 30 days prior to the disposition of the Properties to UVSM, to file with HCD this Resolution and the HCD spreadsheet, attached to this Resolution as Exhibit B, with an answer of “yes” in response to questions 4 and 5; and direct City staff to complete the conveyance of the Properties to UVSM as expeditiously as feasible, but in no event later than December 31, 2022.
PASSED, APPROVED and ADOPTED by the City Council of the City of San Marcos, California, this 11th day of October, 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
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
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 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 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 CONTINUING 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 LAND; THENCE NORTH 9°20' EAST 100 FEET TO THE TRUE POINT OF BEGINNING.
APN: 221-100-64
EXHIBIT B
HCD SURPLUS LAND ACT SPREADSHEET
6 BN 48212262v5
BN 48212262v5