HomeMy WebLinkAbout2005-06-07; City Council; 18141; Funding for Purchase of 3380 Madison StAB# 18,141
MTG. 6/7/05
DEPT. ED
CITY OF CARLSBAD -AGENDA BILL
TITLE:
AUTHORIZATION AND APPROPRIATION OF FUNDING
3380 MADISON STREET
FOR THE PURCHASE OF APN 204-093-09 CITY ATTY.
RECOMMENDED ACTION:
Approve Resolution No. 2005-167 authorizing the City Manager to execute all final escrow
documents associated with the purchase of APN 204-093-09 located at 3380 Madison Street,
Carlsbad, CA from Andrew L. Ayala, and appropriating $620,000 from the Park In Lieu Northwest
Quadrant Fund for the purchase of said property and payment of surveys, reports and other related
expenses.
ITEM EXPLANATION:
Since 2001, the City has purchased a total of five residential properties on Madison Street, between
Chestnut Avenue and Walnut Avenue. Each of these properties was purchased due to their adjacency
to the new Pine Park project area, and with the intention of using them to increase park acreage. Each
of the properties was listed “for sale” with a real estate brokerage firm, or was offered directly to the
City for purchase. In April 2005, the City was contacted by the family of Andrew Ayala to determine
the City’s interest in acquiring 3380 Madison Street, also located adjacent to the Pine Park site. At a
closed session on April 26, 2005 the City Council authorized the City Manager to negotiate a
purchase price for acquisition of the real property located at 3380 Madison Street, Carlsbad, CAY and
enter into an agreement. An agreement has been reached for a purchase price of six hundred and ten
thousand dollars ($610,000), and escrow has been opened for the transfer of ownership to the City.
This agenda bill reports out the fact of the agreement as required by the Brown Act and authorizes
funding to complete this acquisition.
As a part of its due diligence, the City commissioned a property appraisal (completed April 2005).
The negotiated purchase price is consistent with the appraised value. Acceptance of the offer to
purchase the property was contingent upon a finding of consistency with the Carlsbad General Plan.
The Planning Commission made its finding of consistency on June 1 , 2005. At present, the property
is vacant and will remain vacant until the close of escrow, which is scheduled for mid-June.
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:
Although the agreed purchase price for the property is $610,000, there will be additional expenses
related to closing costs, fees and special studies and reports. Staff is requesting an allocation of
$620,000 at this time from the Park In Lieu Northwest Quadrant Fund to purchase 3380 Madison
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PAGE 2 OF AGENDA BILL NO. 18,141
Street and pay all related expenses. The Council’s current balance in the PIL Northwest Quadrant
Fund account stands at 1.19 million. Acquisition of this property will reduce the fund to
approximately $570,000. Acquisition of this parcel will provide the City with additional property for
future public use.
EXHIBITS:
1. Resolution No. 2005-167 of the City of Carlsbad, California, authorizing the City Manager to
execute documents associated with the purchase of APN 204-093-09, in the City of Carlsbad and
appropriating $620,000 from the Park In Lieu Northwest Quadrant Fund balance.
2. Location Map.
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RESOLUTIOP
RESOLUTION NO. 2005-167
OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS ASSOCIATED
WITH THE PURCHASE AND TRANSFER OF INTEREST IN
AYALA, APPROVING APPROPRIATION OF F'UNDING FROM
PURCHASE AND PAYMENT OF FEES AND EXPENSES
ASSOCIATED WITH THE PROPERTY
3380 MADISON STREET, APN 204-093-09 FROM ANDREW L.
THE PARK IN LIEU FUND - NW QUADRANT, FOR THE
WHEREAS, the City Council of the City of Carlsbad has determined that it is in the best
interest of the City to acquire 3380 Madison Street from the current owner, Andrew L. Ayala,
due to its proximity to the Pine Park site; and
WHEREAS, the City Council has further determined a purchase price of $6 10,000 for the
property, based on a property appraisal is appropriate; and
WHEREAS, the total cost for acquisition of the property, including fees, studies, reports
and other related expenses is estimated at $620,000; and
WHEREAS, funding of the property acquisition will be made from the Park-In-Lieu
Northwest Quadrant Fund; and
WHEREAS, the acquisition of this property is contingent upon a finding that the
acquisition is consistent with the Carlsbad General Plan, and completion of due diligence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
I//
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2.
That the above recitations are true and correct.
Upon approval as to form, by the City Attorney, the City Manager is authorized to
execute all documents associated with the purchase and transfer of interest in
3380 Madison Street to the City of Carlsbad.
That an appropriation of $620,000 for purchase of the property, including all
associated escrow fees and expenses be allocated to the acquisition from the Park
In Lieu - Northwest Quadrant Fund.
3.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the
7th day of June 2005, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
Mayor
MATT HALL, Mayor Pro-Tem
ATTEST:
n
LORRAINE M. WOOD - City Clerk
(SEAL)
4
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3380 Madison St, 204-09 I I. !
I MADISON 'ST .
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0 ASSESSUCH1 NRPOSCS OWLI
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MAP 779 365. 535 1 - TOM OF CARLSBAO AMENDED ELK 42 6 POR ELKS xavs
. itecorcling lcequestea PY:
* First American Title - Nat'l Commercial Services .. - 1.
First American Title Insurance Company
National Commercial Services
AND WHEN RECORDED MAIL TO:
Attn: Cynthia Haas
City of Carlsbad l=b
DOC # 2005-0509751
JUN 17,2005 10:26 AM
OFFICIAL RECOHCJS SAFI DIEGO COUNTY HECURDER'S OFFICE
GREGORY J SkliTH COUNT'< RECORDER
FEES rJ 00 oc uc 3 PAGE 5
)tdl A.P.N.: 204-093-09-00 File No.: NCS-160901-CBD (mk)
GRANT DEED 7160
The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX ! 0 1; Crry TRANSFER TAX $0.00;
[ X ] computed on the consideration or full value of property conveyed, OR
]
]
computed on the consideration or full value less value of liens and/or enambrances remaining at time of sale,
unincorporated area; [ X ] City of Carlsbad, and [
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Andrew Ledesma Ayala,
Trustee of the Andrew Ledesma Ayala Revocable Trust, dated December 8,2001
hereby GRANTS to City of Carlsbad, a Municipal Corporation
the following described property in the City of Carlsbad, County of San Diego, State of California:
Lots 3 and 4 in Block 45 of The Town of Carlsbad, in the City of Carlsbad, County of San
Diego, State of California, according to Map 535, filed in the OfFice of the County Recorder of
San Diego County, May 2,1888.
Dated: 06/ 10/2005
Andrew Ledesma Ayala, Trustee of the
Andrew Ledesma Ayala Revocable Trust
dated December 8.2001
Aj.
A&- zk, a,&& J,A
Andrew Ledesma Ayala, Trustd
Mail Tax Statements To: SAME As ABOVE
s
‘ A.P.N.: 204-093-09-00 Grant Deed - continued File No.:NCS-160901-CBD
(mk)
Date: 06/10/2005
STATE OF hIkmia 1 7161
COUNTY OF ‘xlv? Dim0 1
} ss.
On SUE 14. IOQS, I before
me, bl -4- E. ic\ilbrl persona Ily
personally known to me (or proved to me‘ on the basis of satisfactory evidence) to be the persono whose
name(#) is/= subscribed to the within instrument and acknowledged to me that he/Mey executed the same
in his/h&kir authorized capacity(ies) and that his/he#beir signature(&) on the instrument the person($) or the
entity upon behalf of which the personp) acted, executed the instrument.
appearey Andrew iedp.> ma Ada I
WITNESS my hand and official seal.
Signature
My Commission Expires: ’ i-20-01
This area notarial seal for oficiai
Notary Name: Marclaret K. K;l611 Notary Phone: 7 -%$ -4%
Notary Registration dumber: 1 %%5% County of Principal Place of Business:
Page 2 of 2
CERTIFICATION FOR ACCEPTANCE OF GRANT DEED
This is to certify that the interest in real property conveyed by the
Grant Deed dated June 10, 2005, from Andrew Ledesma Ayala, Trustee of
the Andrew Ledesma Ayala Revocable Trust, dated December 8, 2001 , to
the City of Carlsbad, a Municipal Corporation, is hereby accepted by the
City Council of the City of Carlsbad, California, pursuant to Resolution
2005 -167, adopted on June 7, 2005, and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: June 16,2005
(
Karen R. Kuh&z& MU
Assistant City Clerk
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 0 (760) 434-2808 @