RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS
AUTHORIZING THE ACCEPTANCE OF EMERGENCY ACCESS
EASEMENTS AND CREEK MAINTENANCE ACCESS EASEMENTS OVER
PROPERTY OWNED BY AOA SAN MARCOS, LLC
WHEREAS; AOA San Marcos LLC (“AOA”), is the owner of certain real property located at Grand Avenue and Linda Vista Drive, having acquired the same from the City of San Marcos (“City) in 2019; and
WHEREAS, the City has agreed to transfer certain portions of real property it retained to AOA in consideration of AOA’s corresponding grant of emergency access easements and creek maintenance access easements to City over real property owned by AOA; and WHEREAS, the areas over which grants of emergency access easements and creek maintenance access easements are proposed to be issued by AOA are described in and reflected on the attached Exhibit s designated as A and B for the East and West Sides, respectively (“Easement Areas), which Easement Area Exhibits are incorporated herein by reference; and WHEREAS, the City Council has considered the grant of easements over the Easement Areas, and determines that the same will be accepted, provided that the City does not bear any expense or cost, including escrow and title costs and staff time, associated with the same; and WHEREAS, the City and AOA 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. City staff are hereby authorized to accept the easement interests described above and on the attached Easement Area Exhibits on behalf of the City, and to have evidence of the same recorded in the Office of the Recorder of San Diego County, expressly conditioned on meeting the requirements contained in this Resolution.
3. The City’s agreement to undertake the transactions described herein is expressly conditioned and contingent upon AOA bearing any and all costs and expenses whatsoever associated with the contemplated transfer, HCD assistance process, and real property transfer including, but not limited to , costs of escrow, issuance of a policy of title insurance, staff time, and attorneys’ fees and costs, and is further contingent on AOA 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Marcos this 10th day of September, 2024, by the following roll call vote:
__________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_________________________
Phillip Scollick, City Clerk
City of San Marcos
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
EXHIBIT A
LEGAL DESCRIPTION OF EMERGENCY ACCESS
AND CREEK MAINTENANCE ACCESS EASEMENT
EXHIBIT A - Page 1 of 3
PARCEL A
A STRIP OF LAND, 26.00 FEET IN WIDTH, LYING WITHIN THAT PORTION OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT N O. BA24-00003, IN THE
CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF C ALIFORNIA, FILED IN THE OFFICE OF THE SAN DEIGO COUNTY RECORDERS ON _______ ____________, 2024, AS DOCUMENT NO. 2024-______________ OF OFFICIAL RECORD S, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID CERTIFICATE O F COMPLIANCE;
THENCE ALONG THE SOUTHWESTERLY LINE OF GRAND AVENUE (33.00 FEET HALF- WIDTH), AS SHOWN ON SAID DOCUMENT NO. 2019-0545347,
SOUTH 66°26’06” EAST,
127.72 FEET;
THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTH 23°33'57" WEST, 9.00 FEET TO THE TRUE POINT OF BEGINNING ;
THENCE ALONG THE FOLLOWING COURSES:
1. SOUTH 23°33'57" WEST, 166.03 FEET TO THE BEGINNI NG OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 23.00 FEET;
2. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGL E OF 90°00'15" AN ARC LENGTH OF 36.13 FEET;
3. NORTH 66°25'48" WEST, 151.04 FEET TO THE BEGINNI NG OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 30.00 FEET;
4. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 130°30'01" AN ARC LENGTH OF 68.33 FEET;
5. SOUTH 16°55'49" EAST, 83.51 FEET TO THE BEGINNIN G OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 30.00 FEET;
6. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°29'59" AN ARC LENGTH OF 25.92 FEET;
7. SOUTH 66°25'48" EAST, 84.13 FEET TO THE BEGINNIN G OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 23.00 FEET;
8. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°22'44" AN ARC LENGTH OF 19.82 FEET;
EXHIBIT A
LEGAL DESCRIPTION OF EMERGENCY ACCESS
AND CREEK MAINTENANCE ACCESS EASEMENT
EXHIBIT A - Page 2 of 3
9. SOUTH 17°03'04" EAST, 25.47 FEET TO THE SOUTH LI NE OF SAID DOCUMENT NO. DOCUMENT NO. 2024-_______________ .
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
SOUTHWESTERLY RIGHT-OF-WAY LINE OF GRAND AVENUE AND TO TERMINATE IN THE SOUTHERLY LINE OF SAID LOT LINE ADJUSTMENT.
THE ABOVE DESCRIBED PARCEL CONTAINS 17,170 SQUARE F EET OR 0.394 ACRES, MORE OR LESS.
PARCEL B
A STRIP OF LAND, 24.00 FEET IN WIDTH, LYING WITHIN THAT PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT N O. BA24-00003, FILED ___________________, 2024, AS DOCUMENT NO. 2024-______________, CERTIFICATE OF COMPLIANCE, FILED NOVEMBER 22, 2019, AS DOCUMENT NO . 2019-0545336, AND CERTIFICATE OF COMPLIANCE, FILED NOVEMBER 22, 2019, AS DOCUMENT NO. 2019- 0545320, ALL IN THE CITY OF SAN MARCOS, COUNTY OF S AN DIEGO, STATE OF
CALIFORNIA, ALL OF OFFICIAL RECORDS, FILED IN THE O FFICE OF THE SAN DIEGO COUNTY RECORDERS. THE CENTERLINE OF SAID STRIP BEIN G DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID CERTIFICATE O F COMPLIANCE, FILED NOVEMBER 22, 2019, AS DOCUMENT NO. 2019-0545320;
THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF LIN DA VISTA DRIVE (33.00 FEET HALF-WIDTH), AS SHOWN ON SAID DOCUMENT NO. 2019-0545320, SOUTH 72°56’40”
WEST, 354.02 FEET TO THE TRUE POINT OF BEGINNING ;
THENCE LEAVING SAID SOUTHERLY LINE ALONG THE FOLLOWING COURSES:
1. NORTH 17°03'20" WEST, 75.01 FEET TO THE BEGINNIN G OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 22.50 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS SOUTH 63°59'15" WEST;
2. NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80°36'14" AN ARC LENGTH OF 31.65 FEET;
3. NORTH 72°56'40" EAST, 192.74 FEET TO THE BEGINNI NG OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 92.00 FEET, A RADIAL LINE FROM SAID BEGINNING OF CURVE BEARS NORTH 17°03'19" WEST;
4. NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°02'41" AN ARC LENGTH OF 144.58 FEET;
EXHIBIT A
LEGAL DESCRIPTION OF EMERGENCY ACCESS
AND CREEK MAINTENANCE ACCESS EASEMENT
EXHIBIT A - Page 3 of 3
5. NORTH 17°03'38" EAST, 185.83 FEET TO THE SOUTH L INE OF SAID DOCUMENT NO. DOCUMENT NO. 2024-_______________ .
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
SOUTHERLY RIGHT-OF-WAY LINE OF LINDA VISTA DRIVE AND TO TERMINATE IN THE SOUTHERLY LINE OF SAID DOCUMENT NO. DOCUMENT NO. 2024-_______________.
THE ABOVE DESCRIBED PARCEL CONTAINS 15,115 SQUARE F EET OR 0.347 ACRES, MORE OR LESS.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.
J. MARTY SMITH, P.L.S. 8070
DATE PREPARED: 8/27/2024
858.554.15006390 Greenwich Dr, Suite 170San Diego, Ca 92122fuscoe.com
LICENSED LAND SURVEYOR
STATE OF CALIFORNIA8070
J. MARTYSMITH
858.554.15006390 Greenwich Dr, Suite 170San Diego, Ca 92122fuscoe.com 858.554.15006390 Greenwich Dr, Suite 170San Diego, Ca 92122fuscoe.com 858.554.15006390 Greenwich Dr, Suite 170San Diego, Ca 92122fuscoe.com