RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Marcos
Attn: City Clerk
1 Civic Center Drive
San Marcos, CA 92069-2949
Above Space Reserved for Recorder’s Use
RESOLUTION NO. 2023-9143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS ORDERING THE SUMMARY VACATION AND ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF NORTH CITY DRIVE AND MID CITY LANE, AND RESERVING FROM MID CITY LANE DRAINAGE AND UTILITY RIGHTS, WITHIN THE BOUNDARY OF TENTATIVE SUBDIVISION MAP 21-0002 FOR NORTH CITY EAST VAC 23-0008
WHEREAS, staff considered a request for the vacation and abandonment of public street for a portion of North City Drive and Mid City Lane located adjacent to Parcel “A” of Document 2023-00003236 recorded in the Office of the County Recorder of San Diego County, which parcel is located west of Campus Way, north of North City Drive, and east of Twin Oaks Valley Road; the affected portions of North City Drive and Mid City Lane more particularly described and depicted in Exhibit A and B; and WHEREAS, a portion of North City Drive was dedicated as a Public Street, Utility, and Drainage Easement per easement deed recorded September 19, 2018 as Document 2018-0391390 in the Office of the County Recorder of San Diego County; and WHEREAS, a portion of North City Drive was dedicated for public street purposes by Parcel Map 20991 for TPM No. 684-BA, recorded August 8, 2012 as File No. 2012-0468918 in the Office of the County Recorder of San Diego County; and WHEREAS, a portion of Mid City Lane was granted as a Public Street and Public Utility Easement by Map 15997 for City of San Marcos Tract No. 14-002-1, recorded October 16, 2014 as File No. 2014-0449952 in the Office of the County Recorder of San Diego County; and WHEREAS, California Streets & Highways Code (CSHC) Section 8334(a) provides that the legislative body of a local agency may summarily vacate an excess right-of-way or highway not required for street or highway purposes, and staff have determined that the streets proposed to be vacated are in excess; and WHEREAS, CSHC Section 8340(c) provides that if there are in-place public utility facilities that are in use, a public entity shall, unless the legislative body determines the convenience and necessity otherwise require, reserve, and except from vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities; and WHEREAS, drainage and utility rights as granted for Mid City Lane by Map 15997 for City of San Marcos Tract No. 14-002-1, recorded October 16, 2014 as File No. 2014-0449952 are to be reserved from the public street vacation and the existing utilities in place will remain unaffected by the vacation of public street; and WHEREAS, in accordance with Streets and Highways Code Section 8313 and Government Code Section 65402, the local planning agency is required to consider the proposed vacation action and to report on the conformity with the adopted General Plan; and WHEREAS, on at a regularly-scheduled and duly noticed meeting held on April 17, 2023, the Planning Commission did consider the proposed summary vacation of street right-of-way, and after making the required findings, approved Resolution PC23-5038 recommending to City Council the summary vacation and abandonment of the easement for public right-of-way for portions of North City Drive and Mid City Lane, and reserving from Mid City Lane drainage and utility rights; and WHEREAS, at a regularly scheduled and duly noticed meeting held on June 5, 2023, the City Council did consider the proposed summary vacation and abandonment of said right-of-way together while reserving therefrom Mid City Lane drainage and utility rights; and WHEREAS, the City Council did review and consider the previously adopted Final Environmental Impact Report (FEIR) (SCH No. 2008101083) and it is determined that no new environmental information or documentation was presented revealing any new unidentified environmental impacts which had not been previously mitigated and the proposed vacation is within the scope of the impacts identified in FEIR; and WHEREAS, the City Council desires to vacate and abandon said public right-of-way, reserving therefrom Mid City Lane drainage and utility rights, pursuant to the authority granted by Streets and Highways Code sections 8300, et seq.
NOW, THEREFORE, the City Council of the City of San Marcos does hereby resolve and order as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Resolution.
The City Council’s decision is based on the following findings and determinations:
The City Council hereby finds and declares that the portion of public right-of-way proposed to be vacated and abandoned as described and depicted in Exhibits A and B is in excess and not required for street or highway purposes, and that it is not reasonable foreseeable that the property would be used for future public street or highway purposes.
The street vacation will reserve and except from the vacation drainage and utility rights as necessary to maintain, operate, replace, remove, or renew the public utility facilities on Mid City Lane as granted by Map 15997 for City of San Marcos Tract No. 14-002-1 recorded October 16, 2014 as File No. 2014-0449952.
The proposed right-of-way vacation will not be detrimental to public health, safety, and welfare.
All requirements of California Environmental Quality Act (CEQA) have been met in that the proposed street vacations will not have a significant effect on the environment, as reviewed and analyzed in the previously Final Environmental Impact Report (FEIR) for the University District Specific Plan and 2022 Addendum to the FEIR (State Clearinghouse No. 2008101083).
The proposed right-of-way vacation is within the scope of the previously adopted Final Environmental Impact Report (FEIR) (SCH No. 2008101083) and no new environmental information or documentation was presented revealing any new unidentified environmental impacts which had not been previously mitigated.
To the extent permitted by law, the applicant/developer shall defend and hold the City of San Marcos, its agents and employees harmless from liability from: (i) any and all actions, claims, damages, injuries, challenges and/or costs of liabilities arising from the City's approval of any and all entitlements or permits arising from the project as defined in the conditions of approval, or issuance of grading or building permits; (ii) any damages, liability and/or claim of any kind for any injury to or death of any person, or damage or injury of any kind to property which may arise from or be related to the direct or indirect operations of the applicant/developer or its contractors, subcontractors, agents, employees or other persons acting on applicant/developer's behalf which relate to the project; and (iii) any and all damages, liability and/or claims of any kind arising from operation of the project. The applicant/developer further agrees that such indemnification and hold harmless shall include all defense related fees and costs associated with the defense of City by counsel selected by the City. This indemnification shall not terminate upon expiration of the conditions of approval or completion of the project, but shall survive in perpetuity.
Consistent with Streets and Highways Code Section 8340(c), the City Council requires, reserves, and excepts from the public right-of-way vacation the drainage and utility easements and rights as necessary to maintain, operate, replace, remove, or renew the public utility facilities on Mid City Lane as granted by Map 15997 for City of San Marcos Tract No. 14-002-1 recorded October 16, 2014 as File No. 2014-0449952.
The City has complied with all statutory requirements for the summary vacation and abandonment of a street, highway, or public service easement.
Under the authority vested in it by Streets and Highways Code Sections 8330, 8333, and 8334, the City Council does hereby order the vacation and abandonment of the portions of right-of-way, excepting therefrom Mid City Lane drainage and utility rights, as described and depicted in Exhibits A and B.
From and after the date this Resolution is recorded, those portions of public street right-of-way shall no longer constitute highways for public purposes; Mid City Lane drainage and utility rights are hereby required, reserved, and excepted therefrom.
The City Clerk is directed to record this Resolution with the San Diego County Recorder’s Office.
PASSED, APPRPOVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting held on the 13th day of June, 2023, 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
City of San Marcos
Exhibit(s):
Exhibit A – Legal Description of Street Vacation
Exhibit B – Plat of Street Vacation
Resolution No. 2023-XXXX
VAC23-0008
June 13, 2023
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