RESOLUTION NO. 2023-9213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS ORDERING THE SUMMARY VACATION AND ABANDONMENT OF THE DRAINAGE EASEMENT GRANTED BY FINAL MAP 12781 RECORDED ON FEBRUARY 21, 1991, WITHIN THE BOUNDARY OF TENTATIVE PARCEL MAP 20-0001 FOR THE DIAMOND STREET INDUSTRIAL PROJECT VAC 23-0016
WHEREAS, staff considered a request for the summary vacation and abandonment of a drainage easement within the boundary of Tentative Parcel Map TPM 20-0001 for the Diamond Street Industrial project, located on a portion of Lot 9 of Map 12781, and more particularly described in Exhibit A; and WHEREAS, the drainage easement was granted by Final Map 12781 as File No. 91-0078072, recorded in the Office of the County Recorder of San Diego County on February 21, 1991; and WHEREAS, California Streets and Highways Code (CSHC) Section 8333(c) expressly permits the legislative body of a local agency to summarily vacate a public service easement if the easement has been determined to be excess by the easement holder, and there are no other public facilities within the easement; and WHEREAS, City staff has determined that the public service easement to be vacated and abandoned is in excess; and WHEREAS, the proposed vacation of the subject public service easement would have no effect on existing improvements or easements; and WHEREAS, vacation and abandonment of the public service easement as proposed would remove the encumbrances from the title, thereby allowing the affected property owner to improve said portions of the property; 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, at a regularly-scheduled and duly noticed meeting held on September 18, 2023, the Planning Commission did consider the proposed summary vacation and abandonment of the drainage easement, and after making the required findings, approved Resolution PC23-5054 recommending to City Council the summary vacation and abandonment of the drainage easement; and WHEREAS, at a regularly scheduled and duly noticed meeting held on September 26, 2023, the City Council did consider the proposed summary vacation and abandonment of said drainage easement; and WHEREAS, the City Council did review and consider a Categorical Exemption (EX23-055) pursuant to 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 public service easement 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 drainage easement proposed to be summarily vacated and abandoned as described in Exhibit A is in excess.
The proposed public service easement vacation would have no effect on existing improvements or easements.
The proposed public service easement 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 public service easement vacation will not have a significant effect on the environment and is Categorically Exempt pursuant to CEQA Section 15305 Class 5 (Minor Alterations in Land Use Limitations).
The proposed public service easement vacation is Categorically Exempt (EX23-055) from environmental review pursuant to Section 15305, Class 5 (Minor Alterations in Land Use Limitations).
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.
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 8333, the City Council does hereby order the summary vacation and abandonment of the drainage easement as described in Exhibit A.
The Parcel Map for Tentative Parcel Map TPM 20-0001 and this Resolution for Order of Vacation shall record concurrently.
From and after the date this Resolution is passed, approved, and adopted, and the Parcel Map for TPM 20-0001 is recorded in the Office of the San Diego County Recorder, the drainage easement shall no longer constitute as a public service easement for public purposes.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting held on this 26th day of September, 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 Drainage Easement Vacation Resolution No. 2023-9213
VAC23-0016
September 26, 2023
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Document # 18,111
Document # 18,111