HomeMy WebLinkAbout10/04/1988, C-3 - GIFT OF HISTORICAL PROPERTY (464-466 DANA STREET) TO CITY FROM MISS MARY GAIL BLACK i 11 city of San Wes OBISPO - MEETING DATE:
4- 19RR
COUNCIL AG DA REPORT
FROM: Recreation - Stockton'
SUBJECT:
Gift of Historical Property (464-466 Dana Street) to City from
Miss Mary Gail Black
CAO RECOMMENDATION:
Adopt Resolution Accepting Gift of Property and Appropriate
Necessary Funds to Accomplish Maintenance Responsibilities
Indicated in Grant Deed.
BACKGROUND:
Some time ago the City was made aware by then Councilman
Robert Griffin, that Miss Mary Gail Black was desirous of bequeathing to
the City her historic property at 464-466 Dana Street which includes the
150 year old Canet Adobe, currently her home. It was determined at this
time that the proposed bequest would be an excellent addition to the City
Park and Recreation historical restoration program, as was the Jack House
Project, and Miss Black so amended her will.
In late July 1988, the City Attorney's Office was contacted by Miss
Black's attorney indicating that she would like to give the property to
the City now if the City would agree to a Life Estate during the remainder
of her natural life and accept maintenance responsibility for the gardens
and buildings during this Life Estate.
Staff from Parks and Recreation, Public Works and the Attorney's
Office met with Miss Black and her attorney to inspect the property and
determined that roof cover repair, utility service maintenance and
bi-weekly garden and tree maintenance would be necessary. Miss Black also
requested that the City be responsible for water and sewer costs necessary
to service the property and to maintain her current property and flood
insurance policies. The Grant Deed for the property which includes all
agreements is attached hereto.
CONCURRENCE: The Park and Recreation Commission discussed this proposed
gift and were of the consensus that the magnitude of the gift and the
potential for park and recreation use of the property far outweighed the
costs of repair and maintenance. The Commission recommended acceptance.
ALTERNATIVES:
1. Accept grant of property located at 464 and 466 Dana Street from
Miss Mary Gail Black and agree to maintain property and services as
indicated in Grant Deed. This alternative would add property to the City
Park System and require appropriation of funds for Fiscal Year 1988-89 to
accomplish the maintenance of the gardens and structures.
city of San ' s OBISp0
COUNCIL AGENDA REPORT
ALTERNATIVES - CONTINUED
2. Do not accept grant of indicated property. This alternative
would eliminate the opportunity to add this property to the City Park
System and also relieve the City of any maintenance responsibilities.
RECOMMENDATION:
Adopt Resolution accepting gift of property located at 464 and 466
Dana Street from Miss Mary Gail Black and appropriate necessary funds to
accomplish maintenance responsibilities outlined in Grant Deed.
FISCAL IMPACT:
The Public Works, Parks Maintenance Divisfon budget would require
additional appropriations of $8,000 for Fiscal Year 1988-89. Anticipated
expenditures include:
1. Roof cover replacement/repair --- $ 2,500
2. Annual water/sewer service ------ 700
3. Fire/Flood/Property Insurance --- 900
4. Bi-weekly garden/yard maintenance 950
5. Trimming/thinning of mature trees 1,250
6. Emergency contingency ----------- 1.500
Total $ 7,800
Attachments
RESOLUTION Nd. 01988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING A GIFT OF REAL PROPERTIES LOCATED AT 464 AND
466 DADA STREET, SAN UJIS OBISPO, CALIFORNIA AND
APPROPRIATING NECESSARY FUNDS TO ACCOMPLISH MAINTENANCE
RSSPONSI$ILITIES FOR THE DURATION OF THE LIFE ESTATE
AS bUTLINED IN GRANT DEED
WHEREAS; Miss Mary Gail Black is desirous of granting to •the City of
San Luis Obispo Real Property located At 464 and 466 Dana Street for park
or retrpation purposes; and
wlitkW; Miss Maty Gail Black reserves A Life Estate during the
remaihder of her hatiiral life in and to said property and premises; and
wAkPAS; Miss Mary Gail Black tequesis that the City of Sah Luis
Obispo assume certain maintenance responsibility for the grounds and
premises As a condition of this grant; and
WHEREAS; the City of Sah Luis Obispo is desirous of accepting this
grant of Real property and premises for park or recreation purposes; and
WlikkEAS; the City of Safi Luis Obispo accepts certain maititenAho-6
responsibilities as outlined in the Grant Deed; a copy of which is hereto
attached fbr reference and itiarked as Exhiiiii "A".
NOV., THEREFORE BE IT RESOLVED As follows:
1. tw-e City of S'en Luis 6bi'sp'6 "accepts Phis' most generous grant of
Real pr6perties and premises locat'e'd At 464 and 4611 Data Street fr6& Hiss
Mary Gail Black; acid
2. The City 6f S'ah Ltiis Obis:PW agrees to the conditions of the Grant
Deed and appropriates funds in the amount of $7,800 to accomplishing the
required maintenance for Fiscal Year 1988-89.
Resolution No. (1988 Series) page 2
3. The City Clerk's Office shall furnish a copy of this Resolution
to: Miss Mary Gail Black, the Director of Recreation and the Director of
Public Works.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1988.
Mayor, Ron Dunin
ATTEST:
City Clerk, Pamela Voges
APPROVED:
City A inistrative Officer
City AtIorney
D rector of Finance
Director of blic Works
9irecttr of Recreation
j _0,1/
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged .
and subject to the covenants , conditions , restrictions and reservations
set forth. MARY GAIL BLACK. a single woman , Grantor, does hereby grant to
the CITY OF SAN LUIS OBISPO. A MUNICIPAL CORPORATION, the hereinafter
described real property in the City of San Luis Obispo, County of Sar. Luis
Obispo. State of California , commonly referred to as 464 and 4G6 Dana
Street , properly called the Canet Adobe ( rather than the "Simmler Adoh-'
or the "N':!terman Adobe- Wit is sometimes referred to) with the re:nuw4t
that the adobe and two adjoining wings that make up the old house. and the
trees on that property be maintained by the City for park or recreational
purpose:; . :and that Mildred Wsaterman' s name he included in any name- hhn:
the City givas to this park area. Said proporty is described in attacked
deed . marked Exhibit "A" .
Rescrvinu unto MARY GAIL, BLACK a Lilo Estate during the; rcwoindwr of
her natural life in and to said real property and premises and all
improvements thereon, including but not limited to, the sole use. controi ,
benefit.. and income of all of same during her natural life.
By the acceptance of this Deed, said City of San Luis Obispo .
hereinafter referred to as "City. " agrees :
I . To provide water and sewer sarvice for said property. a:•40
Shall inr.iude maintaining continuous water and sewer service for Granl "P .
Grantor ' s tenants at. 466 liana Street and th" yard to said property Burn;,.
Grantor ' s iifet.ime , and the payment of ap.:• and all hills for sain ser•cict
to Grantor and Grantor' s tenants at 4G6 Dana Street. during Grantor ' s
lifetime .
fA--4 :vran1 deedi
2 . To provides payment for insurance coverage on said property and
Grantor' s adjoininti property commonly known as 460 and 462 Dana Street so
long as that property is also owned by Grantor during her Lifetime. That.
coverage shall include Grantor' s homeowner's. fire, liability and flood
insurance to the same extent that she presently has for said property.
City to reimburse Grantor for .insurance premiums upon payment thereof by
Grantor.
3. To maintain the structures . utility services and yard area un
the described property . Said maintenance shall include roof repair as
needed , yard ma.irctr.n,nice including thinning and trimming of true , and
shrubbery substantially as the yard is now, mowing. edging and removing,
leavers and all other maintenance to the yard as needed (City shall he
responsible for watering of trees two times a month during Life Estave)
and keeping the water and sewer services operable. \uthing provided for
herein should be construed as preventing Grantor from calling an
electrician, plumber or other service repairman in an emergency. in which
event the City will be responsible for said emergency service bill .
Except as provided herein. City will be responsible for any necessary
repairs to said structure.
4 . To be responsible for all real property taxes and assessments
imposed upon said property from the date of this Deed.
5. To allow ingress; and egress over the driveway along: the
southwesterly 12 ' of convoyad property to provide access from Dana Street
for the residents at 460 Dana and 462 Dana Street to said properties,
Grantor' s adjoining property generally described as San Levis Obispo County
Assessor's Parcel No. 02 -401- 13 . however, parking of vehicles by said
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residents within the easement shall be prohibitad , except as allowed by
Grantor during Grantor' s lifetime.
B. io disallow the Pub Iic use of said property during the
lifetime of Grantor.
7 . In the: event: of failure to comply with any of the covenants
and conditions herein contained, said City, and any successor thereof,
shall forfeit: all title to said real property and , in the event of any
such forfeiture, title to said real property shall revert to Grantor .
Dated this day of 1988.
MARY GAIL RLAQ: -- -- --—
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