HomeMy WebLinkAbout2000-12-05; City Council; 15976; Purchase 2923 Elmwood Streeta w
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CITY OF CARLSBAD - AGENbA BILL
AB# 16,97If TITLE: DEPT. HD.
AUTHORIZATION AND APPROPRIATION OF FUNDING
MTG. la-$-@ FOR THE PURCHASE OF 2923 ELMWOOD STREET CITY All-Y.
DEPT. ED CITY MGR -zizL
RECOMMENDED ACTION:
Approve Resolution No. ~~~-.%&uthorizing the Mayor to execute all documents associated with
the purchase of 2923 Elmwood Street, Carlsbad, CA from the James W. Carey Estate, and
appropriating $275,000 from the General Fund balance for the purchase of said property and payment
of surveys, reports and associated fees.
ITEM EXPLANATION:
In October 2000, the City of Carlsbad was contacted by the estate of James W. Carey, and offered an
opportunity to purchase property located at 2923 Elmwood Street adjacent to the City’s Arts Office
and near City Hall, the Cole Library and other City owned property. On October 17, 200 the City
Council authorized staff to begin negotiations for the purchase of the property in anticipation of a
future public use.
On November 16, 2000 the City and the James W. Carey estate reached an agreed upon purchase
price of $265,000. The City’s offer of $265,000 has been accepted, with the closing of escrow
proceedings to be contingent upon completion of a Termite Inspection Report, A Phase I
Environmental Survey to determine the existing condition of the property, and a finding of
consistency with the City’s General Plan, to be made by the Carlsbad Planning Commission.
ENVIRONMENTAL IMPACT:
The Planning Director has determined that the project is exempt from the California Environmental
Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 15061(b)(3) exempts
projects or activities where it can be seen with certainty that there is not possibility that the activity
may have a significant effect on the environment. Simple acquisition of property, with no plan for
development of that property, is such an activity. Should the City decide to pursue development of
the site, additional environmental review will be conducted.
FISCAL IMPACT:
Allocation of $275,000 from the General Fund balance to purchase 2923 Elmwood Street and pay all
associated fees, reports, surveys and other expenses, will provide the City with additional property for
future public use.
EXHIBITS:
1. Resolution No.- -35.c of the City of Carlsbad, California, authorizing the Mayor to
execute all documents associated with the purchase of 2923 Elmwood Street, in the City of
Carlsbad and appropriating $275,000 from the General Fund balance.
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PAGE 2 OF AGENDA-dlLL NO. !s, 7 7 6
2. Letter from Richard B. Macgum,, representing the Estate of James W. Carey to Cynthia Haas
dated November 16,200O
3. Location Map.
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RESOLUTION NO. 2000-355
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE
PURCHASE AND TRANSFER OF INTEREST IN 2923
ELMWOOD STREET, APN 156-164-20 FROM THE JAMES W.
CAREY ESTATE AND APPROPRIATING FUNDS FOR
PURCHASE, REPORTS AND SURVEYS, AND THE PAYMENT
OF FEES ASSOCIATED WITH THE PROPERTY
WHEREAS, the City Council of the City of Carlsbad has determined that it is in the best
interest of the City to acquire 2923 Elmwood Street from the Estate of James W. Carey; and
WHEREAS, the City Council has further determined that it accepts a purchase price of
$265,000 for the property; and
WHEREAS, the acquisition of this property is contingent upon the finding of consistency
with the Carlsbad General Plan and completion of due diligence by the City of Carlsbad.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute all documents associated with the
purchase and transfer of interest in 2923 Elmwood Street to the City of
Carlsbad.
3. That an appropriation of $275,000 for purchase of the property, including all
associated fees and expenses is authorized from the General Fund balance.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on tl
5th dayof December 2000, by the following vote to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard
NOES: None
ABSENT: None
Mayor
ATTEST:
City Clerk J
(SEW
-2-
CERTIFIED SPECIALIST PROBATE, ESTATE PLANNING & TRUST LAW* 1015 CHESTNUT AVENUE. SUITE E3
CARLSBAD. CA 92008
(760) 729-7 162
FAX (760) 729-2860
November 16, 2000
Cynthia Haas
City of Carlsbad 1635 Faraday Avenue
Carlsbad CA 92008-7314
Re: 2923 Elmwood Street, Carlsbad, CA
Dear Cynthia:
This is a follow-up to our telephone conversation of
November 15, 2000.
You indicated the City of Carlsbad accepted our $265,000.00
counter offer to sell the above-referenced property. You indicated
there would be two (2) contingencies only:
1. The City wanted to do an environmental examination to
determine that the property had no toxic waste.
2. The City Council needed to make a finding that the
purchase of the property is consistent with the General
Plan. (You indicated this was a formality.)
Seller will provide a Termite Inspection Report, however Buyer
will pay for any work called for in that report. Buyer and Seller
will split the escrow fees. Seller will pay for the title policy and fees to record the Grant Deed. This is a sale from a Trust,
consequently there will be no Disclosure Report provided to Buyer.
The sale of the property is "AS IS".
Please advise if there are any other essential terms to the
agreement that are not mentioned above. I will prepare a
Residential Purchase Contract (And Receipt for Deposit) and send it
to you for the City's review and signature. Thereafter, we can open
escrow. If the City is able to get all of their inspections done
promptly, we should be able to close this escrow in thirty (30) days
or less.
*STATE BAR BOARD OF LEGAL SPECIALIZATION
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Cynthia Haas
November 16, 2000
Page Two
Thank you for your continued courtesy and cooperation.
cyJ-J~~(T
Richard B. Macgurn
RBM:cec
cc: Edmund Sheldon
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