HomeMy WebLinkAbout2020-01-14; City Council; Resolution 2020-012RESOLUTION NO. 2020-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE REAL ESTATE MANAGER TO NEGOTIATE
WITH THE AGENT FOR PACIFIC LEGACY HOMES FOR ACQUISITION OF REAL
PROPERTY IN THE NORTHWEST QUADRANT COMMONLY KNOWN AS THE
AURA CIRCLE PROPERTY, AT THE ESTIMATED MARKET VALUE OF 2,070,000.
WHEREAS, on Mar.14, 2017, the City Council approved the General Plan Lawsuit Settlement
Agreement between the City of Carlsbad and North County Advocates (NCA); and
WHEREAS, staff has considered and evaluated a 15.02-acre property commonly known as the
Aura Circle property (Subject Propety) [APN 207-100-48], located at the northern terminus of Aura
Circle, north of the intersection of Aura Circle and Hillside Drive, for potential acquisition by the city;
and
WHEREAS, during initial discussions with staff, the agent of Pacific Legacy Homes (Seller)
indicated a general willingness of the Seller to sell the Subject Property; and
WHEREAS, the Subject Property contains a conceptual alignment for future Trail Segment 7H
(High Ridge Avenue to Aura Circle), as identified in the Carlsbad Trails Master Plan; and
WHEREAS, with the concurrence of the city's Open Space Acquisition Committee, the city
obtained an appraisal of the Subject Property; and
WHEREAS, the appraisal report, authored by Arens Group, Inc. and dated Dec. 5, 2019, listed
the estimated market value of the Subject Property at $2,070,000; and
WHEREAS, the Seller reviewed that appraisal and subsequently expressed an interest in
entering negotiations for acquisition of the Subject Property by the city at the estimated market value
of $2,070,000; and
WHEREAS, on Jan. 2, 2020, representatives from NCA expressed their support for the city
entering negotiations with the Seller's agent for potential acquisition of the Subject Property; and
WHEREAS, pursuant to California Government Code Section 65584, the project is consistent
with the Housing Element and there are adequate sites identified in the Housing Element for the above-
moderate income group to accommodate the city's share of regional housing needs.
Jan. 14, 2020 Item #16 Page 6 of 13
WHEREAS, California Government Code Section 54956.8 requires that a local agency hold an
open and public session in which it identifies its negotiators, the real property or properties which the
negotiations may concern, and the person or persons with whom its negotiators may negotiate; and
WHEREAS, the staff is recommending that the City Council authorize the real estate manager
to negotiate with the Seller's agent for acquisition of the Subject Property, at the estimated market
value of $2,070,000, plus half of the estimated total closing costs of $10,000.
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 real estate manager is authorized to negotiate with the Seller's agent for acquisition
of Sub jet Property at the estimated market value of $2,070,000, plus half of the estimated
total closing costs of $10,000.
3. That the real estate manager will return to the City Council to consider the approval a
purchase and sale agreement upon the conclusion of the negotiations.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of January 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
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BARBARA ENGLESON, City Clerk Dtpfl!_:!)
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Jan. 14, 2020 Item #16 Page 7 of 13