RESOLUTION NO. 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN MARCOS, CALIFORNIA AMENDING RESOLUTION
NO. 2022 -9096, ADOPTED ON DECEMBER 13, 2022, BY
WHICH THE DRAINAGE EASEMENT OFFERED AND
REJECTED ON MAP 4790 FOR THE SUNSHINE PARK
PHASE I LA ROSA DRAINAGE CHANNEL WAS ACCEPTED,
FOR THE PURPOSE OF REMOVING A REFERENCE TO AN
UNRECORDABLE EXHIBIT
WHEREAS, the City Council of the City of San Marcos (City) adopted Resolution No. 2022 -9096 on December 13, 2022, by which the City accepted a drainage easement as reflected on Map 4790 of the Sunshine I subdivision in the City of San Marcos, County of San Diego, State of California , filed in the Office of the County Recorder of San Diego County June 7, 1961 as File No. 97710 (Map 4790); and
WHEREAS, as required by law and the terms and provisions of Resolution No. 2022-9096, the City attempted to record said Resolution No. 2022 -9096 with the Office of the San Diego County Recorder on January 25, 2023, to document the City’s acceptance of said drainage easement, only to have the filing rejected by said County Recorder because Map 4790, which was attached as Exhibit A to said Resolution No. 2022-9096, was deemed to be illegible; and
WHEREAS attachment of Map 4790 as an exhibit to Resolution 2022 -9096 is neither required by law nor necessary for purposes of identifying the a rea subject to the City’s acceptance of the drainage easement in question; and
WHEREAS, such acceptance having occurred, the purpose of this Resolution 2023-XXXX is limited to amendment of Resolution 2022 -9096 to revise the reference to Map 4790 as an attached exhibit to Resolution 2022-9096, 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.
NOW, THEREFORE, the City Council of the City of San Marcos, California, does hereby resolve and order as follows:
Section 1 . T he 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 2022-9096, which accepted the Dedication for Drainage Easement as offered and depicted on Map 4790, as reflected in attached Exhibit 1, to remove Map 4790 as an attached exhibit to said Resolution 2022 -9096, and directs the City Clerk to record a finalized and executed version of the amended version of Resolution 2022-9096 with the Office of the Recorder of San Diego County , delegating 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 2022-9096.
Section 3. From and afte r the date that amended Resolution 2022 -9096 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 Marcos, 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 - 9096
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
EXHIBIT 1
EXHIBIT 1
RESOLUTION NO. 2022-9096
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 Cod e 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.
Resolution No. 2022-9096
Section 2. The City Council hereby finds that acceptance of th e 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 rec ord 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 – Map 4790
AYES: COUNCILMEMBERS: JENKINS, MUSGROVE, NUÑEZ, SANNELLA, JONES NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE