HomeMy WebLinkAbout1980-08-19; City Council; 6332; CORRECTION IN DEED OF BONSALL PROPERTY TO MARRON BROTHERS CONSTRUTIONe
L CITY OF CARLSBAD 4- e
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AGENDA BILL NO. A&?-- <'# 7 7 2. - Initial:
Dept.Hd.
DATE : Ausust 19. 1980 - c!. Atty.Vj
v' D QEPARTMENT Citv Attorney C. Mgr. '>I
- Subject:
CORRECTION IN DEED OF BONSALL PROPERTY TO MARRON
BROTHERS CONSTRUCTION
Statement of the Matter
The City Council, at an adjourned meeting on April 12, 1977,
approved the sale of a surplus Water Department property
known as the !'Bonsall Site" to Marron Brothers, Inc. The
attorneys for Marron Brothers have discovered that the true
name of the corporation is Narron Brothers Construction. A letter in that regard from Mr. Null, dated August 7, 1980,
is attached. We have been asked to correct the deed for
the property to reflect a grant by the city to Marron Brothers Construction instead of Marron Brothers, Inc.
The request appears reasonable and has been documented.
In order to correct the error, it is necessary that the
Yayor be authorized to execute another grant deed.
Exhibits
1. Ronald E. Null's letter to Vincent F. Biondo, Jr.,
dated August 7, 1980.
2. The Corporation Grant Deed.
Recommendation
If the City Council concurs, your action is to authorize
the Mayor to execute the Corporation Grant Deed to Marron
Brothers Construction.
Council Action:
8-19-80 Council authorized the Mayor to execute the Corporation Grant Deed to Marron Brothers Construction.
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LAW OFFICES
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HIGGS, FLETCHER & XACK
2124 EL CAMINO REAL * SUITE 100 SAN DIEGO OFF
POST OFFICE 80;
SAN DIEGO, CALIFOR
(714) 236 15'
HENRY PITTS MACK 1903-1974 OCEANSIDE, CALIFORNIA 92054 le00 HOME TOWER * 70
1714) 439 - 4710
__
ROBERT THORN
OF COUNSEL ___ LA JOLLA OFF1
R E S I DE N T ATTOR N EY POST OFFlCE EO}
RONALD E NULL 1205 PROSPECT STREET
LA JOLLA,CALIFORNI
(714) 459 08
ESCONDIOO OF
2 SO. ESCONOID
hjDlD0, CALIFORI. (714) 743- 12C
August 7, 1980
Vincent F. Biondo, Esq. Carlsbad City Attorney
1200 Elm Avenue
Carlsbad, California 92008
Re: Marron Brothers Construction
Dear Vince:
This is to supplement my previous letter to you of
July 21, 1980, concerning the above.
Please be advised Yarron Brothers were incorporated in 1964, as Marron Brothers Construction, and, in fact, that
at all times since has been the true name of the corporation.
However, in discussing the situatian in some detail with the
principals of the company, it appears that at some point after
Inc., and even started using that incorrect name on official
corporate documents. It appears this practice has now con-
tinued for some time.
incorporation they started doing business as lllarron Brothers,
There is no doubt but that the same individuals who are Marron Brothers, Inc., are also Marron Brothers Construc- tion. The same individuals who were involved in the initial incorporation are still involved except for John Marron. Attached you will find Articles of Incorporation, Certificate
of Good Standing, and a statement by John Marron.
will be affected by the corrected Deed, and my clients will be very grateful for the City's willingness to cooperate in
this regard.
There is no other business entity or corporation that
Attached please find a proposed Corporation Grant Deed
Thank you again for your courtesy and cooperation.
which you may use if you so desire.
Very truly yours,
R & MACK
REN : md
Enclosure
J ., I3 ;:ll.crs , TI?C.
rv3, D bhtC TO
- r City C1~ci-k -7 ?:-- b ,.,e City of Ca~-l.~;bad
Ca.rl:;had, C;jI_j ?<>-r:ij~a 92098
1.2 0 0 T': 1111 A
Ciw (L
THIS FC!IM FU2
. ~., ,.. - I _..- ".j....,_ .. ,~...=-,"-~.-~..
TO SO6 CA t 10-73) ..._.^l _._- ~ .,.- I-,~- -- .."I -x,,- .. ,,-".-.,--.
FOR ;I VAI,U,fELE COXSICER.4TIOS, receipt of ~ifiich is 11~1 ?!~y aclil:o\c.leJged,
The City of C;r;clsbad, a l-:unicipal Corporation
fl i.i.dc i :lie I:..\%,s of :be -:::e of Cali fo_rnia
X a K ron B ro t3 e r s , I z-~ c1 c c2 c r at e d
the following described real propert). in !tie
Countyof San Diego ~ Gtatc of Cnlifcrnia:
Assessor's Parcel No. 170-020-02
See legal description, Exhibit "A", attached hereto and made
a part hereof. All as s3om for convenience sake on L4ttachmr?nt "A", attached hereto and made a part hereof -
In Witness Wiereof, said corljo-lition caij-ed its corporate tlat11e and seal to he affixed liereto and thi
n;elrt to he execuled by itsMayor Ws&-&xt and Ci tv Clerk f
thereunto duly authorized. ,.. . .
>, : Dated: - Aprrl 13, 1917
ss. 1 ST.i'I'E OF C.tI.1FORNI.A.
mi;s-r\i oF-_-.San..Diega----
On Aw-il.. ZL,_I97L____- before me. 'the under-
signrd. a Notary Public in and for said State. persi)nall)- appeared
, knoun -RQtierL~C-_F_raze--
to me to be the--l:jayw- ~~~~~~~ and
-.ckm.axExx- of the Corporation [!;at c\ecuted the
within Instrument; known to me to be the per-onc ~ho executed the
ivit!iin Instrument on hehalf of the Corporation t!irrein nenied, and ac!,n,,wletiged to me t!:at iucli Corporation r1ecutc.d the wiihin Instru ment pursuant to its bylaw or a resolution of its hard of directors.
\T.lTNESS my hand and official sea .
, , ..... ., . .. ,. . . . ';.'
@-e*.d-.J-se4-PPP-E-
~_. J-tL.-AL--- known to cie to be ..
OFFICIAL SEAL '.
NOW K. G.AilDIXER
NOikFt '?USL!C - CALIF.
PRlfvCiPAL OFFICE IN
\ MY CO>A/;&ISSION EXFIRES JAN. 29, 1980
S,n b1E-0 CG3:dTY
i i \
Signature Sa ,k&N&&J -6-c-c-E~-f-T--cs---)s-p-*
Nora K. Gardiner
Same (T!, .:d or Printed) (Tliis area for offiri31 no:aril. wall
--
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-. 0 j ,I ', . * k 6
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-. . J -<.L'l' ('j!!"
LE&A,TA !?i:S c: 17 1: prf j: CN
;'he 1.;: nil 1- tr-d in the State of Calj.
c(3-!lPty of is zcscrj-bpd as ~o].~.c:.:s:
That pirtion of that po:ct.i.on of 1,ot 4 - west quarter of nort.1
Eernardino I\leridian, zccorrding to official p? at thereof, des(
as follows :
!legiiini.ng at a point 22 c5ains 'qort'n of the quarter corner be
Sections 1 and 6 on the Razge Line hctr.;een Tmrnship I1 South
Rang-e 3 and 4 West, San Bernardino ;\Ieridian, thence on a truc
rneridj-an South 62O East 3.60 chains; thence along the County
North 48O East 5 chains; thence aIong County road North 42+O 3 chains; thence zlong County road North 52%O East 5 chains;
t.o the intersection of :,:orth boundary of Lot 4, Section 6, Tc
11 Soath, Rcmge 3 ;,:est, Szn 3crnardino Meridian, and 2.27 ch;
Sdest of the northeast coz::er of said Lot 4; thence Xorth 1.2C
to Soiith and easterly c2.ge of San Lu~is Xey River; thence Soui
12' West along said South a:id ezsterly edcp of San Luis Rey E
23.33 chains to intersection of the Yest boundary of Lot 4, :
6, Township 11 South, 3.ange 3 Fcst; the:ice South 6.50 chains
point of beginning.
Excepting from the ah.l;ve -?scribed property that portion lyir
southeasterly of the r,ort::westerly line of land described in
deed to the State of California, recorded March 12, 1952, Fil
No. 3.1008 of official records, said northwesterly line being
particuLarly described as follows :
Corrmencing at a point on the Vest line of said Section 6, diz
thereon Xorth Oo 02' 10" West 1613.89 feet from a 2-inch cap5
iron pipe set for the Xest quarter corner of said Section 6;
point also being distant along said West line South Oo 02' 1C
East 1036.34 feet from a 2-inch iron pipe in a fence corner,
for the northwest corner of said Section 6, said point of con
ment also being distant along said West line North Oo 02' 10"
50.61 feet fron engineer's station 454 plus 83.66 P.O.C. on t
center line of the Department of Public Works survey, made ir
said West line along a line parallel with and distant 50 feet
westerly at right angles fron the center line of said Departr!
q11t23:'i:C3r of sc(;t.i..~;'!l r 0, '11 I. ;:<)lip 11 South, R;rnge 3 PJest, Sari
,T cncncc ?Jorth 430 Ezst 11 cliains; thence North 504O East 0.90
between Oceanside and 9onsall Bridge Road XI-SD-195-A; leavir
,
. 6 -
2
rs ?<o:r~:h 300 50 I
i.11s of 959 feet t:hj:c,
I I1 fect; >:orth 540
1'TVe to the ].eft T
of s~id Section G
, c3':;timt along S~
;t 1.G46.61 fect from said 2- est CO:cner of c.2i-c
.t :i 280. 89 F~et;
50 !JO' 22" a d.jLs~z:l-l
:chip 10 ZEd
6, .said point be:
80 34' 39" iJcst :
r's station 475 p1u.s 60.21 P.O.C. on the cent
;Z!?Vi'SG thccfrcrn 21-1 >i'ater r-.gIif-- and ingress al1d egress ti
o cxc3.rci.se :;aj_d r..r.-lter rights.
A11 2s sh{u:.:n for
;:. i I (1 Xycniclnce sake on Attachment "A" atta-ched 1
n ?;a.J:t !;c.rcfJf,
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July 8, 1980
MEFZOWNDUM
TO: C i ty blanager
FROM :
SUBJECT:
Di rector of Uti 1 i ti es & Maintenance
UPS Building - Tyler Street
The UPS building on Tyler Street has been listed by Coldwt711 lh4w for sale K
with sale ctf, the first priority. The property is on a one-acre lc~t facir.9 Tyle the interqbv-tion of Tyler and Walnut. The building bas apprc?xim!+cly 8660 sq.
space, hail 1'1 nry walls on the south, east and north. The t vrall is frarne corrugated % 1, which provides for building expansion to
The property i) listed for $300,000 with a lease of $2,800 mont~ily plus taxes a
expenses.
Staff becarrit. ware of the availabili ty of the property on Mondtiy rriorniny and -in the site thd t d f ternoon. The inspection team i ncl uded:
Bill Baldwin Assistant City Manager Roger Greer Marty Orenyak Chief Building Official Jack Henthorn Don Erown Streets Superintendent Jim Bertelsen Equipment Maintenance Superit, t,l.ndent
Uti1 i ties/Main tenance Manag<?r
Director of Housing & Redevelcpiienl;
The builclinq is considered to be of sound construction with nu prticulai- defer There is a 20" high dock wt;Ich separates the building into t9;o ,illiiost equ'il par (4500 sq. FL. and 3700 sq. ft.) lengthwise of the building, Thew is a small I and restroom area in the front (430 sq. ft.) The interior of tile building is completely open with no partitions or walls. There is a fuel pcmp and ulidergrc fuel stora>de in front of the building, The building is not equipped with over
sprinklers. The total area of the building is somewhat 'larger than our presen
for stor>:-. r3bout. 4000 sq. ft.)
! (ould, however, provide not only the needed storage but wou!d pro
I ,ion of maintenance yard facilities until siich time as a central s
iG+j planned and built. The dock area could provide the base for a ti
Eelocating the shop area to the UPS locatio!? would hav hour fT; : ~c~i!i xhich would separate the storage from a proposed r,iechanical
sever-;: :-'s i t- ibl c effects :
1.
2. Would titilcte about 50% of all vehicle movements in the present yard.
3,
(7 ~,!~~ip area.
Wo~ic! provide covered work space for all vehicle mintendnce operations.
Rcdiitc tiit? parking problenabout the maintenance shop due to deadlined or veh i ;.1 cs under repdi r.
4. Woul(i pwidc outside stor(igc for pipc, pole yard, road Gaterial, etc, thi prcsr,ii,lv located at various sites in the city.
0 -2- e July 8, 1
L
City Manager
5, The present mechanical maintenance facility can be utilized for paint and s 1 igh ti ng ina teri a1 .
The property is listed at $300,000. This is considered to be a reasonable pric about $7.00 per sq. ft. Three sales have recently been recorded in the area at $9.50 per sq. ft. Since there are two existing offers, the possibility of lea seems remote. Accordingly, a tender offer to purchase appears to be the most 1 way to acquire the property even though for a limited period of time (5 years).
There would be improvements required to utilize the property for storage, mecha
maintenance shops and outside material storage, These are;
1. Fire will (100' X 20') and partitioning.
2. 220 writ sctrvice.
3. Storaye dwa lighting,
4.
5. Fencing.
6. High pressrire vehicle cleaner..
7. Perimeter alarm system.
8.
Two vehicle hoists and vehicle doors would be relocated and installed. It woul
dlso be dcsirfible to procure an additional heavy truck hydraulic lift system.
Since the facility woiild be in the redevelopment area and Council has recently adopted an arc,+ design manual, some area amenities should also be considered.
might include;
1. Exter' :Y landscapi ti?.
2. Inte -:?ctton impre\ ?CY: at Tyler and Walnut, including curb, gutter and 5
wa:;. M4itionall- err2-ding these improvements to Roosevelt on Walnut m- als -3 c.,nsidcred.
Improved pavirig (only front is paved).
Overhead exhaust systen for vehicles.
Thus, th - ?CC;!J i si tion bjx? c -?I ..i re additional improvements which can not be It should be recognized that cwld be as mtick as $75-$80,000 W, utilizing as much force acc work or> is possible.
Staff is of the opinion that acquiring the property is in the City's best intei
cified or COST,F: oilt at this time.
for the f'ol lowing reasons:
1. It iiitlt>t,s the short term storage needs.
2.
3.
It eL\'.t\'; severe space problems at the present yard for the next 5-10 years
It is n key location in the redevelopincnt area and its value will increase
the ne:\t frw years. Funds invested can be utilized in the future for a
*
July 8, 19 e e -3-
-a
City Manager
permanent yard location.
It can be a showcase for redevelopment efforts in the heart of the downtown indus tr-i,il area.
The followirig fund sources have been identified for this acquisition and proper
4.
improvements I
CIP Project 3006 $400,000 ($ 50K General Fund) ($350K Water Fund )
10>0-81 Budget - Library Storage 1 ’! ,000
2,581
Pw1,581
-- __ - _-_ 131:J.)-81 Budget - Storage, Various Departments
Staff requests authority to submit a tender offer not to exceed $310,000, sbbjt to confirmtion OF the price by a Letter Appraisal, to Coldwell Banker for t‘ie acquisition of the UPS property by Friday, July 11% 7980.
k /-a,,.dL:W
--ROG$JJ’ 14. GREEK
Director of Uti 1 i ti es & Maintenance
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