File #: TMP-2062    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 3/28/2024 In control: City Council
On agenda: 4/9/2024 Final action:
Title: RESOLUTION NO. 2024-9278 - DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR THE IMPLEMENTATION OF THE UNIVERSITY DISTRICT SPECIFIC PLAN, NORTH CITY DRIVE, AND STREET "A" RIGHT-OF-WAY AND RELATED PUBLIC IMPROVEMENTS PROJECT FOR CERTAIN REAL PROPERTY ADDRESSED AS 0 SHUBIN LANE (ASSESSOR'S PARCEL NUMBER 221-100-09-00)
Attachments: 1. Attachment 1 Resolution of Necessity, 2. Attachment 2 Vicinity Map, 3. Attachment 3: Engineering Evaluation Property Analysis, 4. Attachment 4 2023-09-23 Offer to Purchase Package, 5. Attachment 5 Notice of Hearing for Resolution of Necessity, 6. Letter to City of San Marcos 04 April 2024, 7. Letter to Counsel Regarding Eminent Domain 24-04-09
MEETING DATE:
April 9, 2024

SUBJECT:
Title
RESOLUTION NO. 2024-9278 - DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN FOR THE IMPLEMENTATION OF THE UNIVERSITY DISTRICT SPECIFIC PLAN, NORTH CITY DRIVE, AND STREET "A" RIGHT-OF-WAY AND RELATED PUBLIC IMPROVEMENTS PROJECT FOR CERTAIN REAL PROPERTY ADDRESSED AS 0 SHUBIN LANE (ASSESSOR'S PARCEL NUMBER 221-100-09-00)

Body

Recommendation
Recommendation
CONDUCT the public hearing and ADOPT Resolution of Necessity authorizing and directing the commencement of eminent domain proceedings and associated actions to acquire and obtain possession of private real property in connection with road and other public improvements within the University District Specific Plan Area.
Body

Board or Commission Action
Not Applicable

Relevant Council Strategic Theme
Good Governance
Planning for the Future

Relevant Department Goal
Not Applicable

Executive Summary
City of San Marcos intends to implement the University District Specific Plan, North City Drive and Street "A" Right-Of-Way and Related Public Improvements Project, including incidental, appurtenant, and related works or facilities, consistent with the University District Specific Plan (UDSP). The Project proposes to construct public streets and infrastructure including North City Drive from Discovery Street to Twin Oaks Valley Road and Street A from Discovery Street to North City Drive consistent with the approved UDSP (Vicinity Map: Attachment 2). A roundabout is proposed at the intersection of North City Drive and Street A.

The improvements required for the Project necessitate the acquisition of real property known as APN 221-100-09-00 located at 0 Shubin Lane (the Property). The Property is described and depicted in Exhibits A and B to the adopting resolution in Attachment 1. City records reflect ownership interest as "A C One Land Trust 03-14-21" and "A C Two Land Trust 03-14-21", each with a fractional interest of 50%. T...

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