RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO COMPLETE
NEGOTIATIONS, FINALIZE, AND EXECUTE ALL DOCUMENTS
NECESSARY FOR THE ACQUISITION OF REAL PROPERTY AND
IMPROVEMENTS LOCATED WITHIN THE UNIVERSITY DISTRICT
SPECIFIC PLAN AREA AT 318 E. BARHAM DRIVE, SAN MARCOS, CA (ASSESSOR’S PARCEL NUMBER 220 -202-27-00) FOR THE
CONSTRUCTION AND INSTALLATION OF PUBLIC INFRASTRUCTURE
IMPROVEMENTS
WHEREAS, the City of San Marcos (“City”) initially adopted the University District Specific Plan (“UDSP”) in 2009, and has since amended the UDSP and approved tentative maps and site development plans to facilitate, encourage, and accommodate development w ithin the UDSP area; and
WHEREAS, the UDSP and the conditions of approval for subsequent entitlements contain requirements for the installation of public infrastructure and facilities which include, but are not limited to, road improvements and infrastructure; and
WHEREAS, the property located real property and improvements located at 318 E.
Barham Drive, San Marcos, CA, identified as Assessor’s Parcel Number 220 -202-27-00 (“Property”) is owned by Bob Moreland (“Seller”); and
WHEREAS, the Property is needed to ensure the cohesiveness of development in conformance with the UDSP and Urban Villages San Marcos, LLC (“UVSM”) environmental review documents, entitlements, and conditions of approval , including, but not limited to, the widening of travel lanes on Barham Drive to accommodate vehicular circulation, the installation of sidewalks to facilitate pedestrian circulation, the provision of bike lanes, and the installation of parkway landscaping (“Barham Drive Improvements”); and
WHEREAS, because a portion of the Property is needed for public infrastructure improvements as described above, and the City would by necessity need to consider the initiation of condemnation proceedings in the event it were not able to acquire the same, and as Seller has indicated it wishes to sell the Property in its entirety to the City to avoid a potential condemnation proceeding, and the City desires to accommodate Seller’s desire that the City acquire all of the land comprising the Property; and
Resolution 2024 – XXXX
May 28, 2024
WHEREAS, UVSM has deposited the proposed purchase price for the Property with the City, and will bear any and all costs incurred by the City associated with all associated transactions, and that UVSM defend, indemnify, and hold the City harmless from any and all claims, damages or injuries that may arise from, be related to, or associated with the transaction; and
WHEREAS, following acquisition of the Property and the installation and construction of the above-described public improvements, it is anticipated that a portion of such Property will be in excess of that needed for the footprint of the physical improvements and associated easements and rights-of-way, which Seller has indicated he does do not wish to have returned or sold to him; and
WHEREAS, given the Seller’s requirement that the City acquire the entirety of the Property, the City desires to implement the transaction accordingly; and WHEREAS, Seller, the City, and UVSM have agreed in principle to the material terms and provisions of the necessary to complete the contemplated transaction, as described in the Agenda Report relating to this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Marcos that:
1. The foregoing recitals are true and correct.
2. The City Manager and the City Attorney are hereby authorized to complete negotiations and finalize the above -described acquisition of the Property located at 318 E. Barham Drive, San Marcos, CA, identified as Assessor’s Parcel Number 220-202-27, which authorization is expressly conditioned on meeting the findings contained in this Resolution.
3. UVSM has deposited the agreed purchase price with the City, and the City’s agreement to proceed with this transaction is that UVSM will bear any and all costs and expenses whatsoever associated with the contemplated Property acquisition, including, but not limited to, the purchase price, costs of escrow, issuance of a policy of title insurance, staff time, and attorneys’ fees and costs, and is further contingent on UVSM defending, holding harmless, and indemnifying the City against any and all claims of whatever nature may arise from any and/or all of the transactions described herein, which obligation shall survive all potentially applicable limitations periods.
4. The City Manager and City Attorney are directed to return to the City Council following completion of the City’s acquisition of the Property from Seller, to address Resolution 2024 – XXXX
May 28, 2024
the further disposition of the portions of the Property not needed to effectuate the improvements described herein.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos this 28th day of May 2024, 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