RESOLUTION NO. 2022-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA ACCEPTING THE DRAINAGE EASEMENT OFFERED AND REJECTED ON MAP 4790 FOR THE SUNSHINE PARK PHASE I LA ROSA DRAINAGE CHANNEL WHEREAS, the subject area is a portion of the property described as follows:
That portion of Lot A and parcels 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 depicted on Map 4790 of the Sunshine I subdivision in the City of San Marcos, County of San Diego, State of California as filed in the Office of the County Recorder of San Diego County June 7, 1961 as File No. 97710; and WHEREAS, a drainage easement was dedicated to the public on said Map 4790, which map is attached hereto as Exhibit A; and WHEREAS, California Government Code Section 66477.2(a) provides that, “If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, subject to Section 771.010 of the Code of Civil Procedure, the offer of dedication shall remain open and the legislative body may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.” NOW, THEREFORE, the City Council of the City of San Marcos, California, does hereby resolve and order as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference into this Resolution.
Section 2. The City Council hereby finds that acceptance of the drainage easement offered and rejected on Map 4790 is not subject to the requirements of CEQA pursuant to California Code of Regulations, title 14, section 15060, subdivision (c)(3), because the acceptance of an IOD is not a “project” as defined by Public Resources Code section 21065 and California Code of Regulations, title 14, section 15378.
Section 3. The City Council hereby accepts the drainage easement as offered and rejected on Map 4790, attached as Exhibit A.
Section 4. From and after the date this Resolution is recorded, those portions of real property shall be burdened and benefitted by an easement for public drainage purposes.
Section 5. The City Clerk is hereby directed to record this Resolution with the San Diego County Recorder’s Office.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting held on this 13thth day of December, 2022, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
ATTACHMENTS:
Exhibit A – Map 4790
Resolution No. 2022 - _______
Resolution No. 2020 - _______
January 28, 2020