RESOLUTION NO. 2026-AAAA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS ACCEPTING AN IRREVOCABLE OFFER TO DEDICATE FOR A PUBLIC STREET, UTILITY, AND DRAINAGE EASEMENT AT 318 BARHAM DRIVE (ASSESSOR’S PARCEL NUMBER 220-202-27) AS OFFERED BY DOCUMENT 2024-0324782 IP24-00015
WHEREAS, the legal owner Urban Villages San Marcos, LLC (Applicant/Developer) irrevocably offered to dedicate to the City of San Marcos an easement for public street, utility, and drainage purposes on that document recorded November 21, 2024 as Document 2024-0324782 in the Office of the County Recorder of San Diego County (Irrevocable Offer to Dedicate); and WHEREAS, staff considered the acceptance of the Irrevocable Offer to Dedicate for the public street, utility, and drainage easement for a portion of Barham Drive located at 318 Barham Drive, Assessor’s Parcel Number 220-202-27-00; which acceptance of the Irrevocable Offer to Dedicate is more particularly described and depicted in Exhibit A; and WHEREAS, California Government Code Section 7050 provides that an irrevocable offer of dedication of real property for any public purposes including, but not limited to streets, utility, drainage, and access rights, when recorded in the office of the county recorder, may be accepted at any time by the city council; and WHEREAS, the City Council did review and consider the 2022 Addendum to the previously certified environmental document, Final Environmental Impact Report (SCH No. 2008101083), for compliance with the California Environmental Quality Act and found the proposed action is in conformance with the previously certified environmental document; and WHEREAS, the City Council desires to accept the Irrevocable Offer to Dedicate for Public Street, Utility, and Drainage Easement as offered by Document 2024-0324782 recorded November 21, 2024.
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 that the proposed acceptance of the Irrevocable Offer to Dedicate is in conformance with the 2022 Addendum to the previously certified environmental document, Final Environmental Impact Report (SCH No. 2008101083).
The proposed acceptance of the Irrevocable Offer to Dedicate will not be detrimental to public health, safety, and welfare.
The proposed acceptance of the Irrevocable Offer to Dedicate is within the scope of, and in conformance with, the 2022 Addendum to the previously certified environmental document, Final Environmental Impact Report (SCH No. 2008101083).
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.
Under the authority vested in it by Government Code Section 7050, the City Council does hereby accept the Irrevocable Offer to Dedicate for Public Street, Utility, and Drainage easement by Document 2024-0324782, as described and depicted in Exhibit A.
From and after the date this Resolution is approved and the Certificate of Acceptance is recorded, the portion of real property shall be burdened and benefitted by an easement for public street, utility, and drainage purposes.
The City Clerk is directed to record the Certificate of Acceptance with the San Diego County Recorder’s Office.
PASSED, APPRPOVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting held on the 24th day of March, 2026, 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 – Certificate of Acceptance
Resolution No. 2026-AAAA
IP24-00015
October 14, 2025
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