HomeMy WebLinkAbout2006-05-16; City Council; 18562; Quitclaim Deed of Barbara Hallman Life EstateCITY OF CARLSBAD - AGENDA BILL
AB# 18,562
MTG. 5/16/06
DEPT. CA
TITLE:
ACKNOWLEDGEMENT OF QUITCLAIM DEED OF LIFE
ESTATE OF BARBARA F. HALLMAN AND
DIRECTIONS TO CITY CLERK TO RECORD DEED
DEPT. HD.
CITY ATTY.
CITY MGR
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RECOMMENDED ACTION:
That the City Council adopt Resolution No. 2006-125 acknowledging the quitclaim
deed of Barbara F. Mailman and directing the City Clerk to cause it to be recorded.
ITEM EXPLANATION:
The City Council accepted the testamentary devise of the real property of Margaret M.
Brownley in her estate on December 4, 2001. This gift was subject to the life estate of
Barbara F. Mailman. Ms. Brownley passed away on October 21, 2003. Ms. Mailman has
now moved to a rest home and wishes to quitclaim her life estate to the City. A copy of the
individual quitclaim deed is attached to the resolution. Upon acceptance of the quitclaim
deed, the City obtains free and clear title to own and control the real property and subject to
the acknowledgement of her request 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
as explained in her attorney's letter of November 7, 2001 (attached as Exhibit 3.).
ENVIRONMENTAL REVIEW:
Acceptance of a quitclaim deed is not a project within the meaning of CEQA and no further
review is required.
FISCAL IMPACT:
The value of this testamentary gift is the fair market value of the real property located at
4120 Skyline Road, Carlsbad. Taxes will be cancelled and the City will be responsible for
all costs associated with the repairs, maintenance, upkeep and improvements as long as it
retains title.
EXHIBITS:
^Resolution No. 2006-125
^Attorney's Letter dated November 7, 2001
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RESOLUTION NO. 2006-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING THE QUITCLAIM
DEED FROM BARBARA F. HALLMAN
The City Council of the City of Carlsbad, California does hereby resolve as
follows:
WHEREAS, Margaret M. Brownley was a great friend to the City of Carlsbad and
made many contributions to its betterment during here lifetime; and
WHEREAS, she made a testamentary devise to the City of Carlsbad to be
administered by the City Council to be used to establish the George W. and Margaret M. Brownley
Fund; and
WHEREAS, Margaret M. Brownley passed away on October 21, 2003; and
WHEREAS, the testamentary devise was subject to the Life Estate of Barbara F.
Mailman; and
WHEREAS, Barbara F. Mailman has quitclaimed her Life Estate in favor of the City
of Carlsbad as shown on the Individual Quitclaim Deed attached hereto; and
WHEREAS, the City Council acknowledged 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, 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 the quitclaim deed from Barbara F. Hallman is hereby accepted.
3. That the City Clerk is directed to have it recorded in the office of the County
Recorder of the County of San Diego.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the Citv of Carlsbad held on the 16th dav of May . 2006 bv the followinq vote, to wit:
AYES: Council Members Lewis, H*Llj Kulchin, Packard, Sigafoose
NOES: None /v / A l\ /J
ABSENT: None / iMf/l /H jfl [7 —
/ /WvMf jyt d ///fW
CLAUDE A. L^WlS, Wa^or
ATTEST:
f<m^J^ S r^^XA^W^^ ^»'"'.,.
LORRAINE M. WOOD, City Clerk ' I 0 •f'^"^.^
(SEAL) -^ / t°^lAj^k''-''-^'
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REQUESTED BY/WHEN RECORDED MAIL TO:
City Clerk's Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
Ronald F. Ball, City Attorney
City of Carlsbad
1200 Carlsbad Blvd.
Carlsbad, CA 92008
APN: 207-083-17
INDIVIDUAL QUITCLAIM DEED
The undersigned grantor(s) declare(s):
Documentary transfer of tax is $ -0-
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area (xx) City of Carlsbad, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BARBARA F. HALLMAN,
hereby REMISES, RELEASES AND QUITCLAIMS to
the CITY OF CARLSBAD
the following described real property in the City of Carlsbad, County of San Diego, State of California:
For complete legal description see Exhibit "A" attached hereto and made a part hereof by this reference.
Property located at: 4120 Skyline Road, Carlsbad, California 92008
Dated: ^ KA/ls^J Jft -f-BARBARA F. HALLMAN
STATE OF CALIFORNIA
COUNTY OF^SAN DIEGO
On
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before me.
NotacyX Rtfblic, personally appeared BARABARA F.
HALLMAN, personally known to me or proved to me on the
basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and
acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the
instrument, the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my
Signatur
OFFICIAL SEAL I
ROBERT D.VASS I
(This area for official notarial seal)
732568.1
EXHIBIT "A"
All that certain property lying within Lot "I" of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego,
State of California, as shown on Map No. 823 filed in the Office of the County Recorder of said County described
as follows:
Beginning at the most Easterly corner of Lot 37 of Carlsbad Highlands No. 2 as shown on Map No.
2825 filed in the Office of the County Recorder of said County, said corner being a point in the
Northeast line of said Map No. 2825; thence along the Northeasterly prolongation of the
southeasterly line of said Lot 37 North 59°07'25" 10.00 feet; thence North 22°36'04" West
129.16 feet; thence North 87°05'57" West 52.48 feet to the beginning of a 441.00 foot radius
curve concave Southerly; thence Westerly along said curve through a central angle of 5°36'54" an
arc length of 43.22 feet to a point of intersection with the said Northeast line of said Map No.
2825; a radial through said point bears North 2°42'51" West; thence non-tangent along said
Northeast line South 47°04'35" East 186.62 feet to the Point of Beginning.
Lot 37 of Carlsbad Highlands No. 2 in the City of Carlsbad, County of San Diego, State of
California, according to Map No. 2825, filed in the Office of the County Recorder of San Diego
County, December 5, 1951, subject to easements of record.
732568.1
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the DEED OR GRANT
dated April 20, 2006, from Barbara F. Hallman, to the City of Carlsbad, California, a municipal
corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant
to Resolution No. 2006-125, adopted on May 16,2006. and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: May 17. 2006
E M. WOOD, City Clerk
Washington, D.C.
Los Angeles
Sao Francisco
McKcnna & Cuneo, L.LP
Attorneys at Law
Suite 3300, Symphony Towers • 750 B Street • San Diego, CA 92101-8105
619-595-5400 • Fax: 619-595-5450
www.mckcnnacuneo.com
Denver
Dallas
Brussels
November?, 2001
Susan A. Mercure
619-595-8037
susan_rnercure@mckennacuneo.corn
VIA FACSIMILE (760-434-8367)
AND U.S. MAIL
Mr. Ron Ball
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Re: Margaret 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 0001/22084600.1
McKenna&Cuneo,L,LP,
Attorneys at Law
Mr. Ron Ball
November?, 2001
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
26273.0001/22084600.1 1