HomeMy WebLinkAbout2001-12-04; City Council; 16445; Testamentary Devise From Margaret M. BrownleyCITY OF CARLSBAD - AGENDA BILL
TITLE:. DEPT. HD.
ACCEPTANCE OF TESTAMENTARY DEVISE FROM
MARGARET M. BROWNLEY CITY ATTY. &-
CITY MGR. SiP-
RECOMMENDED ACTION:
That the City Council adopt Resolution No. da 1 - 350
testamentary devise with conditions from Margaret M. Brownley.
accepting the
ITEM EXPLANATION:
Margaret M. Brownley is a long-time resident and great friend of the City of Carlsbad
and has made life-long contributions to its betterment. She now wishes to make a
generous testamentary devise of her estate as explained in her attorney’s letter dated
November 7, 2001, attached to this Agenda Bill as Exhibit A.
The City Council may accept such devises pursuant to Government Code section
37354, which states:
“The legislative body may accept or reject any gift, bequest, or devise
made to or for the city, or to or for any of its officers in their official capacity
or in trust for any public purpose.
It may hold and dispose of the property and the income and increase
from the property for such uses as are prescribed in the terms of the gift,
bequest, or devise.”
This is confirmed by Probate Code section 6102.
ENVIRONMENTAL IMPACT:
Acceptance of a gift is not a project within the meaning of CEQA and no further review
is required.
FISCAL IMPACT:
Upon the death of Ms. Brownley, fee title to her residence shall pass to the City of
Carlsbad subject to a life estate of Barbara Hallman. Possessory interest taxes, if any,
and maintenance of the residence shall be paid for from the estate of Ms. Brownley for
the life of Ms. Hallman, and upon her death, the remainder of the estate shall pass to
the City of Carlsbad. The value of this gift will depend on the timing of those events.
EXHIBITS:
Exhibit A, Attorney letter, dated November 7, 2001.
Resolution No. 300 \ - 350
McKenna & Cuneo, L.L.E
Washington, D.C.
Attorneys at Law
Los Angeles
San Francisco
Suite 3300, Symphony Towers n 750 B Street n San Diego, CA 92101-8105
619-595-5400 l Fax: 619-595-5450
www.mckennacuneo.com
Denver
DalIas
Brussds
November 7,200l
VIA FA CSIMILE (760-434-836 7)
AND U.S. MAIL
Susan A. Mercure
619-595-8037
sus~n~~.erclue@mckenuneo.com
Mr. Ron Ball
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Re: I!biargaret M. Brownley
Dear Mr. Ball:
This letter confirms our recent telephone conferences concerning my client,
Margaret M. Brownley, who is leaving her residence to the City of Carlsbad.
Mrs. Brownley wishes to have her friend, Barbara Hallman, reside in the residence
during her lifetime. We have structured the bequest to the City of Carlsbad by giving the
residence to the City of Carlsbad and reserving a life estate to Ms. Hallman.
Accordingly, upon the death of Mrs. Brownley, title to the residence will be transferred to
the City with the deed reserving a life estate to Ms. Hallman. By structuring the bequest
in this manner, Mrs. Brownley’s estate will receive a charitable deduction for the
contribution to the City of Carlsbad and Ms. Hallman will have the ability to live in the
residence during her lifetime. We have requested that the residence be used to establish
the George W. and Margaret M.- Brownley Fund which fund will be available for any
financial need of the City of Carlsbad as determined by the City Council with special
emphasis on city libraries.
The remainder of Mrs. Brownley’s estate will be held in trust for the benefit of
Ms. Hallman with very broad invasion powers for the care of the residence and the care
of Ms. Hallman. To the extent that there are funds remaining in the trust at the time of
Ms. Hallman’s death, those funds will be distributed to the City of Carlsbad to augment
the George W. and Margaret M. Brownley Fund.
26273.0001/22084600. I
I McKenna8rCuneo,~ut
Attorneys at Law
Mr. Ron Bali
November 7,200I
Page 2
Please confirm that the City of Carlsbad is able to hold title to the residence in this
manner and that the terms of the gift are acceptable to the City and can be effected by the
City.
Thank you for your assistance and cooperation in this matter. Should you have
any questions, please call me.
Sincerely,
Susan A. Mercure
SAM/Sam
cc: Margaret M. Brownley
3
26273.ooO1/22084600.I
RESOLUTION NO. 2001-350
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A
3 TESTAMENTARY DEVISE FROM MARGARET M.
4 BROWNLEY.
5 WHEREAS, Margaret M. Brownley is a great friend of the City of
6 Carlsbad and has made many contributions to its betterment during her life; and
7 WHEREAS, she wishes to make a testamentary devise to the City to
0 be administered by the City Council, which will be used to establish the George W.
9 and Margaret M. Brownley Fund; and
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11 WHEREAS, the monies available in this fund shall be for any financial
12 II need of the City of Carlsbad as determined by the City Council with special
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emphasis on City libraries; and
WHEREAS, the City Council wishes to express its deep gratitude for
this generous gift which shall be used in the wisdom of the City Council for public
purposes to improve and enhance the level of services and quality of life of its
citizens with special emphasis on the needs of City libraries.
NOW, THEREFORE, the City Council of the City of Carlsbad,
20 California, resolves as follows:
21 1. That the above recitations are true and correct.
22 2. That the testamentary devise of Margaret M. Brownley as set forth
23 in her attorney’s letter of November 7, 2001 is hereby accepted, pursuant to
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Government Code section 37354 and Probate Code section 6102.
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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~ City Council of the City of Carlsbad held on the day of 4th
DECEMBER I 2001 by the following vote, to wit:
4 AYES: Council Members Lewis, Finnila, Nygaard, Hall
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NOES: None
7 ABSENT: Council Member Kulchin
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ant City Clerk
(SEAL)
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