RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS
DECLARING THAT THE TRANSFER OF REAL PROPERTY IDENTIFIED AS A PORTION OF ASSESSOR’S PARCEL NUMBER 2 19-152-74-00 TO THE
ADJACENT PROPERTY OWNER IS EXEMPT FROM THE SURPLUS LAND
ACT, AUTHORIZING THE CITY ATTORNEY TO SEEK ASSISTANCE FROM
THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT WITH RESPECT TO SUCH EXEMPTION, AND
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO FINALIZE,
AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE TRANSFER OF
REAL PROPERTY AND IMPROVEMENTS AND TO PROCESS AND
IMPLEMENT SUCH TRANSFER IN THE EVENT SAID EXEMPTION FROM
THE SURPLUS LAND ACT IS CONFIRMED BY THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, the City of San Marcos (“City”) is the fee owner of vacant real property identified as Assessor’s Parcel Number (APN) 219 -152-74-00 (“the Real Property”), which was used to facilitate construction of a capital improvement project for drainage improvements, a bridge, and creek and habitat restoration; and
WHEREAS, the portions of the Real Property proposed to be transferred (“Transfer Area”) to the adjacent property owne r, AOA San Marcos, LLC, a California limited liability company (“AOA”), as reflected on the plan attached as Exhibit A and depicted in the aerial photograph attached as Exhibit B, which Exhibits are incorporated herein by reference, are no longer needed by the City, and transfer of those areas will reduce the City’s maintenance obligations with respect to these areas, which support improvements that benefit only AOA, and were not intended to and have not been dedicated to use by the general public and/or for open space purposes; and WHEREAS, the Transfer Area is excess to public purposes, contain s no public easements, and does not serve a public benefit; and
WHEREAS, it is anticipated that such Transfer Area portion of the Real Property meets an exemption to requirements of the Surplus Land Act, which would permit transfer of the Transfer Area to AOA; and
WHEREAS, the entirety of the Transfer Area is approximately 21,547 gross square feet (0.49 acre) in size, and is not located within the coastal zone, adjacent to a historical unit of the State Parks System, listed as a state or federal historic resource, or within the Lake Tahoe region; and
WHEREAS, California Government Code (“GC”) section 54221(f)(1)(B) includes within its definition of “exempt surplus land” property that is “less than one -half acre in area and is not contiguous to land owned by a state or local agency that is used for open -space or low - and moderate-income housing purposes,” which description is consistent with the Transfer Area; and Resolution 2024 – XXXX
September 10, 2024
WHEREAS, given the above -described characteristics of the Transfer Area , the City desires to implement the transaction accordingly and transfer the entirety of the Transfer Area to AOA; 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. The City Council hereby declares that transfer of the Transfer Area to AOA is exempt from and not subject to Surplus Land Act requirements, as it is consistent with the “exempt surplus land” description contained in California Government Code section 54221(f)(1)(B), consisting of property that is “less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.”
3. The City Manager and the City Attorney are hereby authorized to complete negotiations and finalize the above -described transfer of the proposed Transfer Area, a portion of Assessor’s Parcel Number 219-152-74-00, which authorization is expressly conditioned on meeting the findings contained in this Resolution.
4. The City Manager and City Attorney are hereby authorized to implement and facilitate the proposed transfer of said Transfer Area to AOA as contemplated by this Resolution, provided HCD has confirmed the above-referenced declaration of exemption of such transaction from the Surplus Land Act, and further conditioned on AOA’s acceptance and recordation of any and all maintenance, repair, and/or replacement obligations over such Transfer Area and the improvements thereon.
5. The City’s agreement to undertake the transactions described herein is also 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.
Resolution 2024 – XXXX
September 10, 2024
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:
EXHBIT A
EXHBIT A
EXHBIT B
EXHBIT B