RESOLUTION NO. 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS
ORDERING THE SUMMARY VACATION AND ABANDONMENT OF A PORTION OF THE EASEMENT FOR STREET PURPOSES GRANTED BY DOCUMENT 1980- 136705 OVER RICHMAR AVENUE AND RESERVING UTILITY AND DRAINAGE
RIGHTS THEREFROM, ADJACENT TO THE CREEKSIDE ASSISTED LIVING (ACOYA) PROJECT
VAC23-0010
WHEREAS, staff considered a request for the vacation and abandonment of a portion of Richmar Avenue adjacent to Creekside Assisted Living (Acoya) project, located east of Twin Oaks Valley Road, west of Woodward Street, and north of Mission Road; the affected portions of Richmar Avenue more particularly described in Exhibits A and B; and WHEREAS, the Easement for Street Purposes was granted by Document 1980- 136705 recorded April 23, 1980 in the Office of the County Recorder of San Diego County; and
WHEREAS, California Streets and 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 portion of the street proposed to be vacated is 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 public convenience and necessity otherwise require, reserve, and except from the 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 by Document 1980-136705 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 CSHC 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, at a regularly scheduled and duly noticed meeting held on May 15, 2023, the Planning Commission did consider the proposed summary vacation of street right-of-way, and after making the required findings, approved Resolution PC22-5042 recommending City Council order the summary vacation and abandonment of a portion of the easement for public street purposes granted by Document 1980-136705 recorded April 23, 1980 and reserving therefrom drainage and utility rights; and Resolution 2023-XXXX
VAC23-0010
June 13, 2023
WHEREAS, at a regularly scheduled and duly noticed meeting held on June 13, 2023, the City Council did consider the proposed summary vacation and abandonment of said right-of-way while reserving therefrom drainage and utility rights; and WHEREAS, the City Council did review and conside r a Categorical Exemption (EX23-047) pursuant to the California Environmental Quality Act (CEQA) Section 15305, Class 5 (Minor Alterations in Land Use Limitations) with respect to such proposed summary vacation; and
WHEREAS, the City Council desires to vacate and abandon said publi c street right-of-way, reserving therefrom 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, California, does hereby resolve and order as follows:
A. The foregoing recitals are true and correct , and are hereby incorporated by reference into this Resolution.
B. The City Council’s decision is based on the following findings and determinations:
1. The City Council hereby finds and declares that the portion of right-of-way proposed to be vacated and abandoned as described and delineated in Exhibits A and B is in excess and is not required for street or highway purposes, and that it is not reasonably foreseeable that the property would be used for future public highway purposes.
2. The street vacation will reserve and except the vacation drainage and utility rights as necessary to maintain, operate, replace, remove, or renew the public utility facilities.
3. The proposed right-of-way vacation will not be detrimental to public health, safety, and welfare.
4. All requirements of CEQA have been met , in that the proposed project is Categorically Exempt from environmental review pursuant to CEQA Section 15305, Class 5 (Minor Alterations in Land Use Limitatio ns) in that this is a minor realigment of right-of-way.
Resolution 2023-XXXX
VAC23-0010
June 13, 2023
C. The proposed right-of-way vacation is Categoric ally Exempt (EX2 3-047) from environmental review pursuant to Section 15305, Class 5 (Minor Alterations in Land Use Limitations).
D. 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 damag e 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.
E. Consistent with Streets and Highways Code Section 8340(c), the City Council requires, reserves, and excepts from the public street vacation the drainage and utility easements and rights as necessary to maintain, operate, replace, remove, or renew the public utility facilities.
F. The City has complied with all statutory requirements for the summary vacation and abandonment of a street, highway, or public service easement.
G. 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 portion of right -of-way, excepting therefrom drainage and utility rights, as described and delineated in Exhibits A and B.
H. 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; drainage and utility rights are hereby required, reserved, and excepted therefrom.
Resolution 2023-XXXX
VAC23-0010
June 13, 2023
I. 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 thereof, held on this 13th day of June, 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
Exhibit(s):
Exhibit A – Street Vacation Legal Description
Exhibit B – Plat of Street Vacation
EXHIBIT “A”
(LEGAL DESCRIPTION OF SUMMARY STREET VACATION)
That portion of Richmar Avenue dedicated as street purposes filed in the office of the county recorder of San Diego County on April 23, 1980 as file no. 80-136705 of Official Records, more particularly described as follows:
COMMENCING at the Northwest corner of said Lot 1;
Thence, Easterly, along the Northerly line of said Lot 1, South 83°14’53” East, 18.00 feet, to an intersection with a line, drawn parallel with and distant 18.00 feet Easterly, measured at right angles, to the Westerly line of said Lot 1;
Thence, Southerly, along said parallel line, South 06°22’46” West, 14.11 feet, to the beginning of a tangent 20.00 foot radius curve, concave Northeasterly, said curve being also tangent to a line drawn parallel with and distant 33.86 feet Southerly, measured at right angles, to the Northerly line of said Lot 1;
Thence, Southeasterly, along said curve, through a central angle of 89°37’39”, an arc length of
31.29 feet;
Thence, tangent from said curve, South 83°14’53” East, 161.28 feet, to the POINT OF BEGINNING;
Thence, continuing South 83°14’53” East, 440.20 feet to the beginning of a tangent 20.00 foot radius curve, concave Northwesterly; said curve being also tangent to the Easterly line of said Lot 1;
Thence, Northwesterly, along said curve, through a central angle of 90°20’58”, an arc length of
31.54 feet;
Thence, along said Easterly line of Lot 1, non-tangent from said curve, South 06°24’09” West, 100.00 feet, to the beginning of a non-tangent 20.00 foot radius curve, concave Southwesterly, a tangent line to beginning of said bears, North 06°24’09” East, said curve being tangent to a line parallel with and distant 93.86 feet Southerly, measured at right angles, to said Northerly line of Lot 1;
Thence, Northwesterly, along said curve, through a central angle of 89°39’02”, an arc length of
31.29 feet;
Thence, tangent from said curve, North 83°14’53” West, 440.81 feet;
Thence, North 06°45’07” East, 60.00 feet to the POINT OF BEGINNING.
Legal description prepared by Commercial Development Resources.
Robert J. Russell, PLS 8211
May 2, 2023
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