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HomeMy WebLinkAbout1974-05-21; City Council; 3093; FLORENCE SHIPLEY MAGEE PROPERTY 2.1 ACRES WILLED TO CITY 258 BEECH AV--4 rc-- '.T H E CITY OF CARLSBAD C A L.I F'O R N I A 1 3' Agenda Bill No. 3093 Ref erred To : I Date: May 21, 1974 Submitted By: Florence Shipley Magee's Property Subject: 2.1 Acres to be willed to the City of Carlsbad Ed Johnson, Parks and Location: 2 Statement of the Matter The Last Will and Testament of Mrs. Magee bequeathed her property situated in Block 3 of Carlsbad Town Site, to the City of Carlsbad. The property was granted on condition that the City of Carlsbad maintain the property and use it in their parks and recreation program and further that they restore her home and use it in connection with parks and recreation activities. Also, the location can be used as a historical society headquarters. In the event that the City of Carlsbad does not accept the gift or fails to carry out the terms and conditions, then the property will be distributed to seven residual beneficiaries. The value of the land and buildings is estimated to be $34,250.00 The cost of restoration is estimated at $10,450.00 .' The land will provide a prime, major city park with beach areas and the house is suitable for use as a center for community activities. . Exhibit a. Estimate of restoring the house prepared by Bee Cee Company. b. Map of property 2,1 acres. Staff Recommendations to City Manager Staff rgcommends the City of Carlsbad accept the property. felt that this property is of great importance to the parks and recreation program because of its location and the need for additional facilities in the downtown area. It is Considering the cost in terms of the potential benefit to the City, it appears to be in the City's best interest to take the steps necessary to secure the property. If the council concurs, your action is to adopt Resolution No.JYJJ, accepting the bequest. , .4-3 No . . -- Gate: May 15, 1974 City Manager's Recomxendation Concur with staff. If the Council accepts the property, funds will be budgeted in the 1974-75 Fiscal Year budget for the restoration of this property. I Co unci 1 . A c ti o n 5-21-74 Resolution #3423 was adopted, accepting the bequest. -2- 0.r. 25-0 - . . ., _" .,~ . " I . - . -* c 1 2 3 4 5 6 7 e 9 IC 11 12 1: 14 !2 2c 21 22 2: ' 24 2: 2E . 2.7 2E 2s I- 0 - 3c 33 32 .. RESOLUTI'ON NO. 3423 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA EXPRESSING ITS INTENTION TO ACCEPT THE BEQUEST OF FLORENCE SHIPLEY MAGEE OF PROPERTY GENERALLY BOUNDED BY CYPRESS, BEECH, GARFIELD AND CARLSBAD BOULEVARD FOR USE IN THE PARK AND RECREATION PROGRAM. WHEREAS, Florence Shipley Magee has by her Last Will- and estament made a specific bequest to the City of Carlsbad of her roperty generally bounded by Cypress, Beech and Garfield streets nd Carlsbad Boulevard in the City of Carlsbad and more particularly escribed as a portion of Block 3 of Carlsbad Town site; and WHEREAS, said bequest is made upon condition that the ity maintain the property for use in the parks and recreation rogram,and further, that the City restore the Magee house located )n the property for use in connection with park and recreation ictivities or as location for the establishing by the'City of an listorical society headquarters; and WHEREAS, the Will provides further that in the event the Zity of Carlsbad does not accept the gift or fails to carry out the terms and conditions of the gift the property will be sold and the ?roceeds distributed to seven named charities,; and WHEREAS, the Executor of the Will, through their attorney, ias asked that the City of Carlsbad acknowledge whether or not the 3ity of Carlsbad is inclined to accept the gift with the conditions NOW, THEREFORE, BE IT RESOLVED by the City Council of the :ity of Carlsbad as follows: 1. That the above recitations are true and correct. '2. That the Magee property is of,great importance to the ?arks and recreation program of the City of Carlsbad because of its Location, size, proximity to the beach and suitability for use as 1 major park for the downtown area and as a center for community if fairs. I .. . 1 E s IC 11 li 12 0 14 a 2c - V 21 22 22 24 25 26 27 2e 29 3C 31 32 3. That the expenditure of funds necessary'to fulfill the conditions of the Magee bequest are approved in principal. 4. That the City Council is inclined to accept the gift with the conditions and wishes on behalf of all the citizens of Carlsbad to express its gratitude for the generosity of Florence Shipley Magee and to honor her memory, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of May , 1974, by the followi.ng vote, to wit: AYES: Councilmen Frazee, Chase, McComas and Lewis NOES: None ABSENT: None ATTEST : (SEAL) 2. 3 2 3 4 5 6 7 8 9 10 11 3.2 13 14 Q 2c 21 . 2; 22 ' 24 2: 2€ 25 22 25 ;5( 31 3;. WILL OF FLORENCE SHIPLEY MAGEE also known as FLORENCE MUSPRATT SIIIPLEY MAGEE I, FLORENCE SHIPLEY b"LAGEE, also known as FLORENCE iIUSPMTT SHIPLEY MAGEE, a resident of Carlsbad, Californi.a, declare this to be my Will and revoke all former Wills and Codicils, FIRST . I direct my Executor to pay the expenses of my last illness and burial expense. . SECOND I declare that I an a widow, and that my husband was HUGH MAGEE, who died on or.about April 1, 1941. that I have no children. Further, I decI;Prf THIRD I give, devise and bequesth the following property Sums of money to the following persons CJT hstitutions: (1) The sum of TWENTY-*FII% T"I [$2'S,OO0-00) DOLLAR: to GEORGE S. WINGENDORF, the nephew ~f my. deceased cousin, A&ELIA, who resides at Flushing, Long Island, State of New Yark,, - (2) The sum of FIVE THOUSAND ($S,OOO.OO) DOLLARS ea MRS. J. MEREDITH GEROW, also known as ESTELLE GEROW, of C;rrlsbad, (3) All of my furniture furnf-shings .D personal effects, items of adornment and antiques to BARBAV t B, WALWICK. further my desire'that of any of these articles that arc of na use to my dear friend, BARBARA B.WAiWICK, the same should be disposed of by her and at her discretion: but in any event r,o put to use and not dpstroyed or sold, Its e (4) All of my aznimals and birds that are found u2an my premises of 258 Beach Street in Carlsbad, California, to J~u.iEs B. WHITE, D.V.M. and CATHERINE T. MARTIN, who are to .. be co- custodians of my pets. This gift shall be a joint gift to tjre PAGE ONE t ZXS IB IT " A " .- B I 1 2 4 9 11 13 34 20 2?. 22 23 24 25 26 27 28 29 SO 31 32 recipients, and iil the ei ent that eitlier shall predecease c;~, t e srlrvivor shall receive the entire gift in this paragraph, Further 1 direct that the .sun of ONE TIiOUSAND ($l,oOC?.OO) DOLLARS shall be paid. inimediately by my Executor to JAXES B. KHITE, D.V.M. and CATfiEKINE T. NARTIK for the care and inaintenance of my pets., Further, should*additional funds be needed for the care and main- tenance or for the medical attention of my pets, the Executor is. to advance additional sums of money necessary upon a proper showing to the satisfaction of the Executor, . (5) The sum of FIVE T1iOUSA.l.W ($s,odo.OO) DOLLARS to the HUMANE SOCIETY,. INC., .Oceanside, California (111 Airport Road}, (6) The sum of FIVE THOUSAND f$S,OOO.Ob) DOLLARS to PELTON P. MOURAS, Animal Protection Institute, Sacramento, California. . (7) The sum of FIVE THOUSAND -($S,OOO.OO> DOLLIIRS ta the REVERAND AVDREW D. MILSTEAB. (8') The sum of TWENTY THQUSPJW ~$20,000.00) DOLLARS to CATHERINE T. ?WITIN. (9) me sum of FIVE THOUSAND ($S,OOO.OO) DOLLARS to JAWS B. WHITE, D.V.M. (10) All my real property situated in Block Six (6) of Carlsbad Town Site in the City df Carlsbad, County of San Diego, State of California, according to Map thereof filed in the office. of the 'County Recorder in said County, shall be sold for the best price obtainable, for cash, and t0-h sold at a time that is dstcrmined to be most feasible by my Executor. The cash proceeds from such sale shall be divided as fof.lows., to-wit: .- I8 {a) One-seventh (I/7th]tkereof, to ST, MTCHAELS (b) . One-seventh (1/7th) thereof to &:TI CALVlIRY, CHURCH BY THE SEA, Carlsbad, California, ORDER OF THE HOLY CROSS, Santa Barbara, California. HONE, Gresham, Oregon. . -. (c) One-seventh (1/7th) thereof to ST. JUDE'S -. PAGE TWO I 3.: .- (d) One-seventh (1/7th) thereof to ST.' Fi?..$qCfs BOYS' HOXE, Salina, Kansas (e) he-seventh (1/7th) thereof to thc POOR SISTERS of tile NAZARETH ORPHANAGE, 02 Friars Road, San Diego, California. One-seventh (1/7th) thereof to the- EPISCOPAL CHURCH HOKE FOR CHILDrW8, in the Los Aiigeles area, Los Angeles, County, California. (g) The remaining one-seventh (f/7th) thereof to ST. LABRE IXDIAV SCHOOL, Ashland, Xontana, 95003, (11) All of my real property sftuated in Block Three (3 of Carlsbad Town Site in the City of Carlsbad, County of Sari Diego, State of California, according to map thereof filed in the Office of the County Recorder in said Count)., shall. be conveyed to the City of Carlsbad upon the condition that the City of Carlsbad maintains the property for use in their parks and recreation program and'further that they restore my home and the sane be used in connection with park and recreation activities or as a location for the establishing by the City of ~arlsbar;~ ad (f) . *. 8. an historical society headquarters, In the event that the City 0 Carlsbad does not accept this- gidt QP fails to carry QU~: t& t;cr~ and conditions of: this gift, then the property shall be sold and distributed according to. the provisions of sub-paragraph (10) providing f0.r seven gifts to the h;h~.ri.&ies listed In that parzgra; as set.forth above. If any legatee in this Article THIRD: shall die bef~i.re: .. me, the ,legacy to such person except as ot@ri.r?se provided, shall. ilr fail ; * , If by reason of any provisions of law limiting, restricting or invalidating gifts to charity, including to chtircilc as I have provided hereinabove, all or any portion of t;ze said . bequest to the ST. MICHAELIS CHURCH invalid, such bequest or i:hc invalid portion thereof, shall go to my friend, RAYibiOND C. EDE, 01 if he shali have predeceased. me, to his heirs at law,. living a2 the tine of my demise. . PAGE THREE .. 2c .21 22 24 25 26 27 28 29 30 31 32 i ! I( 1: 1: 1: 1d P 2c 21 22 22 24 25 26 27 28 29 30 31 32 I givs, devise and bequeath all of the residue of IT;Y estate, real and personal, wherever situated, to the "JXVE SOCIETY OF THE UNITED STATES, California Branch, .Sacramezzo , California. If, by reason of any provision of lax limiting, restricting, or' invalidating gifts to charity, all. or any portion of this gift is invalid, such gift 01" the invalid portion thereof shall go to RAYMOND C. EDE, or if he Shall predecease me, to i.lii heirs-at-law living at my demise. 1 . 'SIXTH If any devisee, legatee or beneficiary under this Ifill 0 any legal heir of mine or person claiming under any of them, shal: contest this Will or attack or seek to impair or invalidate uly Q: its provisions, or conspire with or valuntarily assist anyone attempting to do any of those things, in that event r bequeat1.l to each such person the sum of QNE DOLLAR ($1.00) , and no more, and all other legacies, bequests, devises and iAtereStS given under this Will to those persons shall be forfeited and shall augment proportionately the shares of my estate going under this Will to or in trust for such ~f my devisees', legatees, and beneficiaries as shall'pot have participated in such acts or ?roceedings. jhall participate in such 'proceedings', 1 .Give, devise and be&eath the whole of my estate to my heirs-at-law according to the lairs )f succession of the State of Califax&a, hen enforced, excl-uding 111 contestants and all persons cQnspir&g with or voluntarily issisting then. . __ 4. If all of my devisees, legatees and'beneficiaries I * SEVENTH ~n the event that any provision of this IVill. is or is e idjudged to be for any reason unenfarceabie, the remainder thereof [isregarding such provisions, shalI be carried into. effect. PAGE FOUR t a . .. 51 6 7 8 9 10 11 3.2 13 14 O 3.5 >5: -E;;, z i$~*"2$~ 16 ZbSLqph cn3,,L"z2 r>~g<~. 17 u,"tso,5 aOggg<y 18 n 19 20 21 22 23 24 25 26 27 28 .p n <a ZrQbigZ &Pg 2 $ 30 31 32 29 I I I -. .c 1. I f All inheritance, estate and ShCCeSSiOn taxes payable by reason of by death with the respect to the property passjng under my Will or any Codicil, shall. be paid out of and be ciiargec generally against the personal estate of 'my residuary estate wit€ out reimbursement from any person-. .* TENTH I appoint as Executor of my estate, the BANK OF &ERICA NATIONAL TRUST and SAVINGS ASSOCIATION, a national banking association, Oceanside 'Branch.' -If for any reason they are unable or unwilling to act as Executor, then I appoint ROBERT S, FVALWICf: Executor hereof, to serve without brsnd- I authorize my Executor *LO sell, with OY without n~tic,e, at either public or private sale, subject only to such confirmation as my be required by la^^, My Executor shall determine in a manner which .WQUI~ to base any of my estate,. minimize taxes, whether any or all expenses of administration of my estate shall be used as federal.. estate ta'x deductions QT as federal income tax deductions, and whether date of death 01: alternate valuation values should. be usedefor estate tax purposes I .HAVE SUBSCRIBED MY NAME-this 8tp day of November, 1973. . r' at Oceanside, California. t. The foregoing instrument, consisting of six [G) pages, I including the page on which the witnesses have signed-, was at the date hereof by the said FLORENCE SHIPLEY BIAGEE, also kno1l;n as . PAGE FIVE I . _jl ,! E I C;;il" I\?o interest shall be paid on any legacy. given under thi! Iq/ilI or any Codicil to it. NIXTH ROBERT 5. WALWICK JAMES 5. READY, JR. STEPHEN M. L’HEUREUX __ LAW OFFICES WALWlCK ApD qER’Dy 322 NORTH NEVADA POST OFFICE BOX 701 OCEA’JYSlDE, CALIFOq’JYlA 9ZOSq January 6, 1975 Vincent F. Biondo, Jr. City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 AREA CODE 714 TELEPHONE 722-4221 Re: Magee Estate Dear Vince: I have enclosed a copy ree concerning partial distribution of the includes the gift to the City of Carlsbad. a RSW:jls Enclosure a TO City Manager A. M. P. M. Attached is the court's order distributing the "Magee Property" to the City of Carlsbad. It should be added to the City's inventory of property and filed with the Clerk. Taxes should be cancelled and a policy of title 11- insurance obtained. City Attorney REPLY ON THIS SHEET INTER DEPT. MEMO. FORM 1 1-24 -~. i .. 1 I SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 I 3 4 5 > 6 7 8 9 10 11 12 12 E4 1E 17 1€ 15 2c 21 2: 21 24 2: 24 2: 2f Estate 0: COUNTY OF SAN DlEGO I No. PN 3416 DISTRIEUTION Deceased sattlenent thereof and for allowanca on account of statutory EXWXI~OE'B aomisaion and statutory attorney'tj fees and lpetikfon for preliminary distribution, and @he petition coning on this day rsg~lttrly for hoaxing, ths Corart: findas That dcle and legal notice of the hearing of petition and 0% "the mttlemsnt of the account has been regularly given for the period and in tho mnner required by law, The account and rdport of! the Executor is fuJ.i, true and correct and a13 of the arlegatians of petition for ita settlement: J 2 5 c I 4 .J F e r I E 9 1c 11 18 19 20 21 23 ’2 4 25 26 27 28 - L - - %om are true. filed and all the acts and transactions of the Executor relating to the matters set forth in it should be ratified, confirmed and approved. The account should be settled, allowed and approved as Notice to Creditors has been published for the period and in the manner prescribed by law. Within 30 days after completion of publication of NOtice to Creditors, there was filed with the . Clerk of the Court an Affidavit showing due publication of the Notice to Creditors in the amount: and form required by law. More than four (4) months have elapsed since the,issuance of Letters Testamentary in this estate and since the first publica- tion of notice to creditors, and the time for filing or presenting claims has expired. All claims against the estate have been paid or are I sufficiently secured. . The estate is but little indebted. The California Inheritance Tax has not yet been determined by this Court, That the sum of $9500.00 has been paid on account of the tax, as evidenced by the receipt of the Treasurer of the Zounty of San Diego, State of California, on file herein. mitten consent of an Inheritance Tax Attorney has been given to khe distribution hereafter made. A A federal estate tax return has been 16fXed for this estate md the tax there shown to be due has been paid. lot yet been audited. The.return has Although..the estate is not now in a aondition to be closed, there may be distribution at this time, without loss to the zreditoxs or injury to the estate or any person interested in it, -2- t' .I j! L ! ?E 19 ' .20 21 .' 22 23 ' ' '24 25 . 26 27' 28 t - - 2075, the property described below In accordance with the decedent's Will and allowance my be maffe on account of statutory fees and commissions as hereinafter set forth. The distribution my be made without requiring the distributee here named to execute a bond payable to the executor, IT IS ORDERED AND ADJUDGED that the first account 05 BANX OF AMERICA TRUST AND SAVINGS ASSOCIATION, a national banking association, as Executor, is settled, allowed and appraved as filed and all acts and transactions relating to the matters in that account and report set forth are ratifies, confirmed and approved; there fe allowe4 to BANK OF AWRLCA NATIONAL TRUST AXD SAVINGS ASSOCIATION, 83 Executor on account of statutory ', commfssions, the ~5m of $12,085.00 and the Executor is authorized to play on aocount of statutory attorney's fees, to ROWRT S. f WALIJXCK, petitioner's attorney, the sum of $12,085.00~ and there is to be distributed to the following persons, the property dth I-, rPbed belowt (a) To Mrs. J. Meredith Gerow, also known as Estallo Gerotv the rum of 3$5,000.00 (b) To Dnrbara B. Walwick all furniture, furnishings, and personal effects which were appraised at $16,602.00 ic) To James B. Whit%, D.V.M. and Cathorine TI all anL~als and birds found at 258 Beach Street, Carkbad, California. Martfn, jointly, th8 EJUm Of $l,OOO.OO md (d) To Humane Society, Xnc. Qceang&de, Califomfa (e) ,T ' the Of $5,000.00. To Pelton P. Piouras, Animal Protection Cnetitute the sum of! $5,000.00. {?) To Reverend Andrew D. Milstead the sum of I $5,000.00. 1 t r. .t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 To Catherhe T. Martin, the sum of $20,000.00 cash. (if) Mt.Calvzlqy# Ordar of tho HoXy CROSS, 1/7th aE proceeds l.3,39 3.75 IS (iii) St. Judo's Eom, 3L/7th of plrocesds f3r393.75 (iv) St. Francis Boyst Eoma, 1/71h of proceeds (v) Poor Sisters of the Nazareth (vi) Epbcopal Chusch Fox Children Orphanage, 1/7th of proceeds 13,393.75 1/7th of ~ZOCQ&S 33,393.75 (viti) s-t;. Labre Sndian School 1/7th QE proceeds TO the ~lty of Carlabad, Calieornia, real propa=y known as 258 Eccch Avenue, Carlsbad!, California, and described as' follows: All of Block 3 of! Carlsbad, in the City of Cartabad, Comty of S;nn Diego, State of California, according to Map theroof No. 775, filed fn the Office of the oxcopting therefrom that portion,doscribsd as follows : County Recorder off said County, February 15, 3.894, Beginning at: the moat t?asstarly aorner of said Block 3r thence Bouthcosterly along the Southwestorly line of said Block 80 feot; thonca Eaotcrly to a ,ooint in the Norhtarly line 04 said Dhdc distant thereon 230 fab& Ensterry from the PDIMT OF BEGINNIPIG thence Cfes4erZy dong nafd i..o;rrlhsrly line baing also the Sou",!ibrly lino of GranviLls Park No. 2, accorddng to llsp thereof No. 2307 Elled in the office of the County Rocordar of said County, 3.90 fee& tb the POINT OF FEGIZ!NING, Partial. distribution of tho reafdue to IIumana Society of tho United States, California.Branch, :Sacramento, California; the following items: -4- 5 Y' I. 1 2 3 t4 ;', 5 1 6 7 8 9 - 10 'I 11 * n 12 -. 17 18 19 .20 21 22 23 '24 25 26 27 28 .- 10 shares of the $1.32 conv.prefexred Series B. Stock of BORDEN, XNC. 162 shares of the $3 preferred cum.conv. 100 shares of t.h$ $..SO% c.b.non-redeemable first= preferred stock of PACIFIC GAS & EL?3CTRIC COX??RNY Stock of FARP.IEq GROUP, INC. C59 shares of the 68 cM.contl.nOn-redeenb~~ first preferred stock of PACIFIC GAS 61 ESECTRIC 0 2 shares of the capital. stock of BAlJK.FW3RXC.A CORPORATION t' S16 shares of the aapital stoak of TRANSAWaCA CORP. Trust Deed Note executed by Augustine Prasciuners and Patricia K. Pxasciunas dated Janua-*y 20, 1972, original mount $10,500.00, 7% due March 22, 1975 e, Balance as of 11/14/74 $3,789.16 -1 t XT 3[S FURTHER ORDERED AEJD DECREED that the requirement of r..bbncI:from any distributes above named is dispensed with. DATED t DEC 20 1974 F. Y. LOz?BBDo, JESSE ; * :. ' '. osuflq JUDGE OF THE SUPERXOR COURT ' .. ~ : t ,: . :. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 8330-11 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO [n the Matter of the Estate ) 1 RECEIPT 1 Deceased. 1 Received from BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, iS mtered of the subject estate, pursuant to the Decree odDistribution kBTbin the Superior Court of the State of California in md for the County of San Diego, the following described property: ma&~bam&a358 &wa ikwwl, Qlrrtrzva, eauearpd.