RESOLUTION NO. 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN MARCOS , CALIFORNIA AMENDING RESOLUTION
NO. 2022 -9095, ADOPTED ON DECEMBER 13, 2022, BY
WHICH AN IRREVOCABLE OFFER OF DEDICATION FOR
DRAINAGE EASEMENT PURPOSES FOR THE SUNSHINE
PARK PHASE I LA ROSA DRAINAGE CHANNEL AS
OFFERED BY IRREVOCABLE OFFER OF DEDICATION
1961-0199180 WAS ACCEPTED, FOR THE PURPOSE OF
REMOVING A REFERENCE TO AN UNRECORDABLE
EXHIBIT
WHEREAS, the City Council of the City of San Marcos (City) adopt ed Resolution No. 2022-9095 on December 13, 2022, by which the City accepted the Irrevocable Offer of Dedication recorded on November 16, 1961 in the Office of the San Diego County Recorder as Document Number 1961 -0199180, for a drainage easement for the S unshine Park Phase 1 La Rosa Drainage Channel ; and
WHEREAS, as required by law and the terms and provisions of Resolution No. 2022-9095, the City attempted to record said Resolution No. 2022 -9095 with the Office of the San Diego County Recorder on January 25, 2023, to document the City’s acceptance of said Irrevocable Offer of Dedication, only to have the filing rejected by said County Recorder because Document Number 1961 -0199180, originally filed in the Office of the San Diego County Recorder on November 16, 1961, which was attached as Exhibit A to such said Resolution No. 2022 -9095, was deemed to be illegible; and
WHEREAS attachment of Document 1961 -0199180 as an exhibit to Resolution 2022 -9095 is neither required by law nor necessary for purposes of identifying the a rea subject to the City ’s acceptance of the Irrevocable Offer of Dedication; and
WHEREAS, such acceptance having occurred, the purpose of this Resolution 2023-XXXX is limited to amendment of Resolution 2022-9095 to revise the reference to Document 1961 -0199180 as an attached exhibit, to allow recordation of a Resolution evidencing such acceptance , as reflected in the redlined version of said Resolution attached as Exhibit 1 to this Resolution.
Resolution No. 2023-XXXX
NOW, THEREFORE, the City Council o f 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 approves the amendment of Resolution 2022-9095, which accepted the Irrevocable Offer of Dedication for Drainage Easement as offered on Document 1961-0199180, as reflected in attached Exhibit 1, to remove the reference to said Document as an attached exhibit to said Resolution 2022-9095, directs the City Clerk to record a finalized and executed version of the amended Resolution 2022-9095 with the Office of the Recorder of San Diego County, and delegates to the City Attorney and City Clerk the authority to make such further administrative modifications as may be necessary to achieve recordation of said Resolution 2022-9095.
Section 3. From and after the date that amended Resolution 2022-9095 is recorded, those portions of real property shall be burdened and benefitted by an easement for public drainage purposes.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Marc os, California, at a regular meeting held on this 14th day of February 2023, by the following roll call vote:
____________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
ATTACHMENTS:
Exhibit 1 – Redlined version of Resolution 2022 - 9095
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
EXHIBIT 1
EXHIBIT 1
RESOLUTION NO. 2022-9095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN MARCOS , CALIFORNIA ACCEPTING AN
IRREVOCABLE OFFER OF DEDICATION FOR DRAINAGE
EASEMENT FOR THE SUNSHINE PARK PHASE I LA
ROSA DRAINAGE CHANNEL AS OFFERED BY
IRREVOCABLE OFFER OF DEDICATION 1961-0199180
WHEREAS, the subject area is a portion o f the property described as follows:
That portion of the parcels described in Document No. 1961-0199180 filed in the Office of the County Recorder of San Diego County November 16, 1961 of Official Records, being all those portions of Lots 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, and 20 in the City of San Marcos, County of San Diego, State of California, according to Map 4790 thereof filed in the Office of the County Recorder of San Diego County June 7, 1961; and
WHEREAS, developer Spillane Development Co. offered to dedicate to the County of San Diego, its successors or assigns, and the City desires to accept, the Irrevocable Offer to Dedicate Drainage Easement made per Document 1961 - 0199180 and recorded in the Office of the San Diego County Recorder on November 16, 1961, attached as Exhibit A.
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 Irrevocable Offer to Dedicate is not subject to the requirements of CEQA pursuant to California Code of Regulations, title 14, section 15060, subdivision (c)(3), becau se 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 Irrevocable Offer of Dedication for Drainage Eas ement as offered on Document 1961 -0199180, attached as Exhibit A.
Resolution No. 2022-9095
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 unanimously by the City Council of the City of San Marcos, California, at a regular meeting held on theis 13thth day of December 2022 , and PASSED, APPROVED, AND AMENDED at a regular meeting held on this 14th day of February, 2023, solely for the purpose of removing two references to an attached “Exhibit A,” by the following roll call vote:
____________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
ATTACHMENTS:
Exhibit A – Irrevocable Offer to Dedicate Document 1961-0199180
AYES: COUNCILMEMBERS: JENKINS, MUSGROVE, NUÑEZ, SANNELLA, JONES NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE