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Legislative Public Meetings

File #: 21-0737   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 8/31/2021
Title: Approve the Purchase and Sale Agreement Between the City of Sunnyvale and Edward W. and Kathryn A. Woodhall Trust for the Purchase of 970 W. Evelyn Avenue (APN: 165-20-017) and Approve Budget Modification No. 6 in the Amount of $8,580,000
Attachments: 1. Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate “Purchase and Sale Agreement”, 2. Standard Estoppel Certificate - By Lessee, 3. Presentation to Council 20210831
REPORT TO COUNCIL

SUBJECT
Title
Approve the Purchase and Sale Agreement Between the City of Sunnyvale and Edward W. and Kathryn A. Woodhall Trust for the Purchase of 970 W. Evelyn Avenue (APN: 165-20-017) and Approve Budget Modification No. 6 in the Amount of $8,580,000

Report
BACKGROUND
When the City of Sunnyvale was conducting public outreach for the grade separation project taking place at Mary Avenue and Evelyn Avenue, Edward Woodhall the owner of 970 W. Evelyn Avenue approached the City indicating that he is looking to retire and would be willing to sell his property to the City. Since the property at 970 W. Evelyn Avenue is required for all options that the City is considering for the design of the Mary Avenue grade separation project, Council directed staff to proceed with voluntary negotiations to acquire the property.

EXISTING POLICY
Council Policy 1.2.7 Acquisition, Leasing and Disposition of City-Owned Real Property

Section 1: Acquisition of Real Property for Municipal Purposes
Real property shall be acquired for current or future municipal purposes, and/or to benefit the community. The City shall acquire real property in accordance with Sunnyvale Municipal Code Chapter 2.07.

Pursuant to Sunnyvale Charter Section 1305, at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by affirmative votes of at least four members to authorize the transfer of unused balances appropriated for one purpose or another, or to appropriate available revenue included in the budget.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA), Guidelines Section 15004(b)(1) provides that "[w]ith public projects, at the earliest feasible time, project sponsors shall incorporate environmental considerations into project conceptualization, design, and planning. CEQA compliance should be completed prior to acquisition of a site for a public project." Notwithstanding this general rule, however, Sec...

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