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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 0 gCC I 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 oI- d DEPARTMENT CONTACT: City Attorney's Office (760) 434-2891Oz oo SSIO UJ CM \o< < Q Y Q t <>- 3" < Z UJ CO SO Z -j .ce a: °£ a F o co 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 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. cS. Ill , O UJ §d u- o m "£=!1 ^"l =Z UJ W 5 Q; Q; ct Q" p 0 W — OO 1 2 3 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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''-''-^' § ° f^^^ii o "~~ ''''Hnin'^ 2 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 ) )ss ) 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