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Mills Act Contract - 3600 E 8th Street
May 1, 2006 Gregory J. Smith City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 San Diego County Assessor 1600 Pacific Highway Room 301 San Diego, CA 92101 RE: Mills Act Contract with Historic Wellington Estate Dear Mr. Smith: The City of National City executed a Mills Act contract on December 3, 2002, with and for "The Wellington Estate at 3600 East 8th Street", and referencing the entire parcel of the Wellington Estate (then comprising Assessor's Parcel No. 669-060-24-00). In this contract there was no legal description language delimiting or restricting the land area placed with the Mills Act, so the contract language clearly placed the entire Wellington Estate parcel under the protection of the Mills Act. This document was recorded December 12, 2002, with the County Recorder as document 2002- 1130004. Subsequently, the City of National City mandated that certain open space land, which historically had been an integral part of the historic Wellington Estate, and which includes the historic house's only driveway access, be restored to the historic Wellington Estate and be indistinguishably merged with the Wellington Estate parcel, thus keeping the entire historic Wellington Estate in a single parcel. As authorized by State law (Govennnent Code Section 66451.11), the City of National City executed and accomplished this merger on December 9, 2003, and it was recorded January 22, 2004, with the County Recorder as document 2004-004759. Since the language of the original Mills Act contract was with and for the entire parcel constituting "The Wellington Estate at 3600 East 8th Street", it is clear that this Mills Act contract continues to apply to the entire single parcel constituting the historic Wellington Estate, as now represented by the new, merged single parcel that was subsequently mandated and created by the City of National City, under authority of State law, and which will be assigned a new Assessor's Parcel Number. Very truly yours, GEORGE H. EISER, III City Attorney @ Recycled Paper . ' • ' . • . J PLEASE COMPLETE THIS INFOR.Mr,. 1 ION. THE Ut<IGIN?i tOF THIS DOCUMENT WAS F~ECORDED ON DEC 12, 2002 DOCUMENT NUMBER 2002-113000~( GREGORY J. SMITH , COUNTY RECOF-:Drn SAN DI EGO COUNTY RECORDrn'S OFFICE TIME: 8:16 AM RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY , CA 91950 AND WHEN RECORDED MAil.. TO: CITY CLERK OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY , CA 91950 MILLS ACT CONTRACT (3600 E. 8th Street) (Ploue fill in docummt title(s) on the this line) THIS PAGE ADDE D TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Resolution 2002-1 76 (Additional~& foe applioe) 6/94 R.cc . Fonn im25 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s) 669-060-24-00 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at ----~3~6~0=0~E=·~g~th~S=t=re=e=t ______ _ (Site Address) THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Moncrieff Family Limited Partnership ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to· that certain real prope1ty, together with associated structures and improvements thereon, Assessor's Parcel No. 669-060-24-00, and located at the street address 3600 E. gtli Street, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (connnencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Govermnent Code (and as amended from time to time). NOW THEREFORE, in consideration of the mntual benefits and covenants, City and Owner agree as follows: 1. 2. 3. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List ofldentified Historic Sites in National City." Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or mrnsed objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, .containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, .as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission 2 Mills Act Contract 11114/02 designated by tbe City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of tbe Historic Site, Owner shall comply witb all City and State of California environmental regulations, policies and requirements prior to City's issuance of tbe requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines tbat Owner has breached any of the conditions of tbis Contract or has allowed the property to deteriorate to tbe point tbat it no longer meets City's or tbe State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines tbat Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed tbe Historic Site. In tbe event of cancellation, Owner shall be subject to payment of tbose cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (3 0) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otberwise provided for. in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any otber subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent tbat the covenants, reservations, and restrictions as set forth herein 3 Mills Act Contract 11/14/02 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on December 3, 2002, and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. I 0. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non-renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non-renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty ( 60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non-renewal. If either City or Owner serves notice to the other of non-renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. 4 Mills Act Contract 11/14/02 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. To Owner(s): Moncrieff Family Limited Partnership 2 720 #0 E. Plaza Boulevard National City, CA 91950 a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions c9ntained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the prov1s10ns of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Contract shall be construed and governed in accordance with the laws of the State of California. g. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six ( 6) months of entering into the 5 Mills Act Contract 11/14/02 Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instmment executed by the parties hereto. CITY OF NATIONAL CITY Date: December 3, 2002 -------- By:~ Nick ,yor Date: /t-ct-OL Attest J«J i By: ~ A~ dk Mick elR.Dall~ ity Clerk Date: / ::?-C,.-02- Approved as to form: By: 6 /J .~ Rt'. George H. Eiser, III City Attorney OWNER(S) OF RECORD Date: 11/ t q /o 2- By: (V/ov,cr.'e£r FLf, f.Y~;q,-'~/ (Notarized Signature) Date: -------- By:------------- (Notarized Signature) Title: ___________ _ OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 6 Mills Act Contract 11114/02 .. . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of -----'-'Ouf/:'=l.c.U(ffi-1..!lC,LJJ,LLUI tl-1-..----- County of _ __.,,s~·&'-1.L-ll_D'!-:'...LI £=1=--,.,,(c:;-"''O'----- On U-12 ·(;)... before me, Ntfttl[1{1g L JqLt/f/-/l{ L DATE N~ME, TITLE OF OFFICER -E.G., "JANE DOE, NOTARY PUBLIC" No. 5907 personally appeared 1 PfJf f. Af 0] 01(/fff , I NAME(S) OF SIGNEA(S) D personally known to me • OR • ~proved to me on the basis of satisfactory evidence to be the person(.&Ywhose name.(,81 isl.are subscribed to the within instrument and ac- knowledged to me that he/.s]:IEr/.tooy executed the same in his/b-aritb.e+r authorized ;.;,:R+Ar • L. ALVAREZ·~ Comm. # 1273154 lll NOTA~::i~~~-C~~~~ORNIA : My Comm. Expires Aug. 6, 2004 1 ' capacity(_i..0-s), and that by his/.b-&r/t.b.e-if signature.(ston the instrument the person,(sr, or the entity upon behalf of which the personJsf acted, executed the instrument. ----------OPTIONAL---------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) ~ PARTNER($) D ATTORNEY-IN-FACT D TRUSTEE($) I')(LJMITED D GENERAL 0 GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ·---.--·------·----------- DESCRIPTION OF ATTACHED DOCUMENT 0'1/l Ls acLl$tlJtacr TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES I! /11/rr~. DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION e 8236 Remmet Ave., P.O. Box 7184 ~ Canoga Park, CA 91309-7184 RESOLUTION NO. 2002 -176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR THE WELLINGTON ESTATE AT 3600 EAST gm STREET APPLICANT: MONCRIEFF FAMILY LIMITED PARTNERSHIP M-2002-1 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for the Wellington Estate at 3600 East B'h Street. Said contact is on file in the Office of the City Clerk. PASSED and ADOPTED this 3rd day of December, 2002. ATTEST: APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nicsayor Passed and adopted by the Counci l of the City of National City, California, on December 3, 2002, by the following vote, to-wit: Ayes: Nays: Absent: Abstain: Councilmembers Inzunza, Morrison, Natividad, Parra. None. None. None . AUTHENTICATED BY: NICK INZUNZA M ay or of th e City of National City , Californi a MICHAEL R. DALLA C ity Clerk of the C ity of National C ity, California By: ______________ _ Deputy I HEREBY CERTIFY that the a bove and foregoing is a full , true and correct copy of RESOLUTION NO. 2002-175 of the City of National City, California, passed and adopted by the Co uncil of said City on December 3, 2002. By: --------------- Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 3, 2002 AGENDA ITEM NO, ITEM TIJ:I.IE MILLS ACT CONTRACT APPLICATION FOR THE WELLINGTON ESTATE AT 3600 E. gTH STREET (APPLICANT: MONCRIEFF FAMILY LIMITED PARTNERSHIP) (CASE FILE NO.: M-2002-1) Pl!'IIEPARED BY Jon Cai~ DIEl'ARTMIENT Planning EXPLANATION In May the Council authorized a Mills Act program for historic properties. The property owniir-of3600E.8th Street submitted the first application. This site is a 2.5-acre lot on the south side of Paradise Valley Road, east of 8th Street. It is in the RS-1 Single-family Residential zone, and has no street frontage-it is accessed via an easement from Paradise Valley Road. The lot is atop a hill and is visible from a distance to the north and west. The site contains the Wellington Estate, a 5,766 square foot home constructed c.1926. The owner-occupied home is included on the City's adopted "List ofidentified Historic Sites in National City". Mills Act contracts are a historic preservation tool which allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City list. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in the attached list. If approved, the contract will cause the property to be assessed at the capitalization of income value. The County Assessor's office estimates that this will yield a tax reduction of roughly 60-70%, or $5,600 to $6,600 annually based on the current value, which results in a reduction of approximately $500 to $600 in City revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained. CDC staff provided comments in support of the contract, and the National City Historic Society declined to comment. '-----------------------·---------------------------.../ Em,ironmentai Review __x__ NIA Categorical Exemption Financial St'!!tement The action will result in a reduction in annual City property tax revenue of approximately $500 to $600. STAl'I' RIECOMMIENDATIOl'I Approve the contract. /i:...qp l'IOAIUJ I COMMISSI_ON RECOMl\l!ENDATION NIA ATTACHMENT!i I Listed Below I I. Location Map 2. Draft Contract 3. Application, including maintenance/restoration plan and site photos 4. l<esolution Account No. A-2~0-0-(9/-99-) -------------·-·-----·---··-----·-·-·-·-···--------------"···-··---------·_.,, RS-1 PROJ ECT LOCA TI ON D ZONE BOUNDARY ----- 3600 East 8th Street M-2002-1 N A lOCATION MAP NATIONAL CITY PLANNING ORN 11 /05/02 INITIAL HEARING: 11 /19/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of -~{j-fl='L=~~LJ'J~I tl,____ __ _ County of _ __,~"""'S'Ujrl'+L-!'-"'Dc...i{--1=r='-'-0"-'DL-__ _ On personally appeared 1 Pf:rf. f.. MJ!fl O /(/ff f , ' 1 NAME(S) OF S1GNER(S) D personally known to me • OR • ~roved to me on the basis of satisfactory evidence to be the person.(,srwhose name,(s)' isl.a-re subscribed to the within instrument and ac- knowledged to me that he/_srur/ihey executed the same in his/ti.e-rltb-e+r authorized l@' 0 0 ' MA11THA 0 { ALVAREZ ~ -Comm.#1273154 U) ,~.,. NOTAAV PUBLIC·CALIFORNIA fil , ~ San Olego Co11n1v 1.. •, , 0 Mv Comm. Explros A:o;~,200! i capacity(.ies), and that by his/b--e-rftb-e+r signature,(sr'on the instrument the person..(sr, or the entity upon behalf of which the person{s) acted, executed the instrument. ----------OPTIONAL---------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER TITI..E(S) ~PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) Ll1.,t_1MITED D GENERAL 0 GUARDIAN/CONSERVATOR D OTHER: __________ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES I I DATE OF DOCUMENT SIGNER($) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION• 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309"7184 NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PROPERTY DESCRIPTION: FOR DEPARTMENT USE ONLY Case Number rCJ ·-"'ZCD 'fl,. -I Filing Fee $ f ~. r Receipt No. -z A:;,;-;tq ~I Date Received,,. < o?.., B~c._ ___ _ Make checks payable to the City of National City '3600 Eas ,t fs'#i ~t:_.. N"'t:c',,-,.,.,,.J c;rry, Cl/ Cf /q ~o ' Street Address: Assessors Parcel Nurnber(s): ___ b_6_q_-_0_6_o_-_2---''f,___·-_o_o _______ _ SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure ( any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: Phone: 6 ( '1 -'i 72 -oqq 1 Address: rvt.t<H: 2.72.o-o f,vt f'/,e,-u,. 13/v«L, 1F/a7, I\.Jcrli<FM,,.( C,(b.. cA °tt"lSO sme-t: ( oc,,,J-,.;,,. : 36oo E' S,.#r S.J-;: / Nc..i-(1,,, ... ,,.( C,7 G4 q I q J-D Property owner's signature: M""',r!e(?2FLP ~~Date: ll/15/a Z. Supplement to Application for Mills Act Contract 3600 East sth St, National City CA 91950 General Maintenance & Restoration Work Items: see attached table Description of Structure and Historic Value: 'Ilhis house, located in the eastern hills of National City, contains 5700 square feet, largely on one story, with a garage and storage areas underneath. Its construction is masonry with a roof that is mostly tile. It was designed and built in the roaring twenties, an era when films were still silent, when prohibition still reigned, and when mountain lions still roamed these hills (its paw prints are still preserved in the driveway). The structure's architecture eclectically combines design elements of a medieval Spanish castle with Mediterranean features from the 1920s that reflect the actual historic time of design and construction. This house is visible only from afar, and from many parts of National City, so it is a historic treasure enjoyed by all citizens ofNatio~al City. Photos: see attached front and side views Legal Description: see attached Copy of deed verifying ownership: see attached PROBLEM RESTORATION WORK SOLUTION 1. combustible dead wood vines cut vines away from wall, covering retaining wall, cut tangled mess into transportable creating fire hazm·d pieces, haul away pieces 2. SDGE electric inlet pipe held up install rustproof stainless yacht at retaining wall only by rusty shirt cable to anchor inlet pipe hanger, fire and safety hazard 3. entry gate hangs open or aim· replace swingarm with correct length 4. entry gate won't stay closed repair mechanism, replace electronics 5. entry invisible at night to westbound add reflectors near entry traffic, creating traffic hazard 6. central courtyard ugly, uneven, dig, level, till, add soil, fertilize, unplanted, dug up bv large dogs plant grass and flowers 7. irrigation system required to maintain repair central courtyard is inoperative 8. garage and basement storage rooms haul junk, strip clean and powerwash 4000 sq ft dirtv, infested, filled with iunk gm·age and basement storage rooms 9. large numbers of electrical outlets replace all electrical switches and outlets and switches throughout structure are unreliable and potentially unsafe 10. paver floor tiles missing in courtyard find pavers matching originals m1d replace 11. courtyard outside walkways dirtied scrape floors clean, powerwash ceiling and walls with foreign materials 12. gazebo safety railings broken, unsafe repair 13. gazebo dirtied with foreign materials powerwash 14. many windows lealc during rain reglaze windows where needed 15. many swing windows don't work disassemble and repair original window hinges and/or won't close properly and swing mechanisms, clean and lubricate 16. many windows latches don't work disassemble and repair original latches 17. missing original brass window latch find brass latch that will fit; install 18. some outer door locks don't work disassemble and lubricate 19. outside garage light inoperative talce apart and repair 20. garage doors jam clean and lubricate mechm1isms 21. original oalc flooring infused with oils strip every square inch of 4000 sq ft flooring with that prevent correct restoration repeated passes by hand, to remove foreign oils 22. original oak flooring bleached by sun create custom stain to match original color, damage and water damage and restain damaged portions by hand 23. finish on oalc flooring badly screen sand 4000 sq ft to remove deteriorated deteriorated finish; refinish with plural coats of sun and water resistant oil based finish 24. holes in oak flooring, 3 rooms cut oalc plugs to fit, create matching stain, refinish 25. uneven pooled floor finish, LR sand down finish, and apply plural coats of custom finish that can be hand tapered as it dries 26. huge bee hives and gallons of honey remove hives and honey, scrape attics clean, seal have damaged attics attic entries, spray 27. overflow honey has soaked through & knock down ceilings, relath using historically damaged plaster walls and ceilings original metal mesh lath, replaster, match texture 28. 5 modern style fans with lights had replace with historically accurate period style been recently installed in 3 rooms fans with lights 29. 8 ceiling light fixtures in 8 rooms had replace with historically accurate period style been replaced with cheap 1950 style ceiling light fixtures light fixtures 30. 8 wall sconces in 2 rooms had been replace with historically accurate period style replaced with cheap 1950 style units wall sconces, find no longer available (nla) parts to repair or replace broken mountings 31. 4 wall sconces in den were missing, add historically accurate period style wall with holes in walls sconces, find nla parts to repair or replace broken mountings 32. 9 wall sconces in DR were flimsy and replace with historically accurate period style partially broken wall sconces, find nla parts to repair or replace broken mountings 33. alcove lights in DR don't work repair 34. lighting in LR doesn't work modify wiring in chandeliers, replace nla bulbs with historically accurate period style lighting 35. original ceiling fixture in office fix, clean, and restore fixture; scrape, clean, and doesn't work, scarred, dirtv, bleached re-seal translucent stone shade 36. 1000 sq ft red stone flooring badly restore red stone with a 15 coat process, including worn with ground in dirt (some so many passes of hand rubbing every square inch of badly it has a porous grey look) 1000 sq ft area 37. linoleum floor in telephone room restore by cleaning with multiple passes, reseal worn and verv dirty and wax 38. linoleum floors in one bathroom and replace with historically accurate wood flooring brealcfast nook damaged beyond salvation 39. original floors in 3 rooms have been jackhammer the phony tile away, level remaining replaced with historically inaccurate floor pad with chiseling and grinding, install 1970 style ceramic tile, fused to historically accurate wood flooring building's concrete slab 40. original green tile walls of kitchen restore green tile walls to glistening shine by and butler's pantry have years of gunk using single edge razor to hand scrape every that cleaning chemicals could not square inch of walls remove 41. original glass handles of all drawers restore glass handles to glistening shine by hand and cabinets have years of gunk that scraping complex contours with razor cleaning chemicals could not remove 42. about 30 original drawers do not work re-plane drawer edges, add tracks, glides, stops, properly etc. 43. about 20 original cabinet doors do not re-plane edges, repair hinges, latches, etc. work properly 44. about 20 original closet doors do not sand, saw, plane edges, repair hinges, latches, etc. work properly 45. 7 cedar closets have bad foreign smell sand and clean all closet walls, replace carpeting 46. main kitchen faucet broken replace with historically accurate faucet 47. 2 original bathroom faucets leak, find nla faucet seats to match special large size washers won't fix from historic time when house built 48. original handles on bathroom sink find nla historically accurate handles that will fit were replaced with wrong type special large size spline shaft (finally found a pair left in stock at an old hardware store in the middle of the Nevada desert) 49. 1 original bathroom faucet won't flow take apart faucet to repair, find nla setscrew needed to malce it work when re-assembled 50. front door latch falling out, screws research and find best fitting rare thread screws to use thread size that is nla reuair 51. 6 outdoor faucets don't work urouerlv replace valves and snouts 52. original old style toilets don't flush repair original toilets urouerlv 53. leak in uotting room ulumbing dig into wall, install shutoff valve in crawl suace 54. circulating hot water line loop loses add insnlation to entire length of pipe loop heat, enercrn wasting in todav's world 55. hot water takes too long to come on at shorten branches from circulating water loop some locations 56. DR inlaid onyx floor has layers of hand scrape every square inch of 800 sq ft onyx covering that are scarred, dirty, floor to remove old coatings; reseal bare stone vellowed over time with 10 coat process 57. butler's pantry dark, kitchen complex open up kitchen space, create added counter cramped, insufficient counter space space that matches original historic green tile, create added drawer and cabinet space that matches original historic cabinetry and drawers, save original historic features like ceiling cooing 58. numerous holes and chinks in plaster repair and re-texture walls 59. 1960 style drapes in several rooms are remove drapes; allow original architecture to be historically wrong, and hide important visible original architectural features like fan too windows 60. paint throughout interior is dark and repaint entire interior, using light colors that dirty; these dark colors compete with highlight the important historic architectural and thus hide important historic features; repaint all white trim (note: original architectural features, like dark wood exterior walls have a deliberate antiqued look, to round top windows and doors, and mimic an ancient Spanish castle, with protruding dark stone fireolaces and floors mortar and a washed natural stone look) 61. 10 original showerheads clogged, repair original showerheads where possible frozen, lealdm, 62. original shower nan rustv, scarred refinish orieinal shower oan 63. original shower door leaks at bottom reulace non-original broken sweeo 64. brass and stainless fittings throughout scrape, sand, buff clean house have rust and crud 65. bare wood insides of kitchen cabinets scrub wood with strong penetrating cleaners; let stink from years of rancid food; dry; seal bare wood with clear shellac to highlight original vertical grain wood is rare beauty of wood and protect against future dirt and and should be saved odors 66. 2 toilets leak at base lift toilets, add new easkets, bolts, reinstall toilets 67. numerous ceiling vents send attic make custom cover plates and seal vent holes odors into house 68. attic entrv olate difficult to move make new entrv olate and install 69. large hole in textured concrete wall research and find super large oversize cover plate around liirht switch in entrvwav in Texas 70. wasted enercrv from extra steam looo cut and reroute steam heat loops 71. steam valves rusted cut awav and reolace valves 72. steam furnace needs overhaul take anart, clean, rebuild steam furnace 73. steam nines leakinir natch nines 74. furnace controls not workinir diarnose and isolate faults, reoair, recalibrate 75. larire hole in kitchen tile wall find annrooriate oeriod tile and cover hole 76. old, rusted pipes and valves causing replace with new pipes and valves natural gas leak 77. house cannot be used during major maintain vacant house during 14 month major restoration work restoration work 78. for future, maintain structure in accordance with Mills Act Jon Cain Subject: Entry Type: Start: End: Duration: Mills Act Contracts Phone call Wed 10/30/02 2:45 PM Wed 10/30/02 2:55 PM 10 minutes Called the County Assessor's office and spoke with Craig Rustad regarding the Moncrieff property Mills Act contract and guidelines for how to handle future projects. I informed him that we have one application in the pipeline, and asked how we should ask for estimates regarding tax savings and processing. He said that for now we should just call him directly to ask for a rough estimate. He said that when we complete our first contract, we should be sure it is recorded by December 31. He asked that we send a copy of the recorded document to the Assessor's office directly for their information, or they won't know it has been recorded. For this case specifically, his rough estimate is that the property could rent for $4,000 to $5,000 a month, probably closer to $4,000. This would reduce the assessed value of the property from the current $914,000 to $331,000 to $414,000. The resulting tax savings is roughly 60-70%. 1 Owner · CoOwner Site Mail Xfered Price Loan Amt VestType Lender Land Use Bldg Use Zoning Plat MapNumb Legal Census Bedrooms Bathrooms Pool MetroScan I San Diego (CA) : Moncrieff Family Ltd Partnership Parcel : 669 060 24 00 : 3600 E 8Th St National City 91950 : 408 Mason Rd Vista Ca 92084 : 12/29/2000 Doc# : 717686 Deed Loan IntTy : 111 Res,Single Family Residence : *Unknown Building Use* : 1 R-1,Single Family Residential : PRITCHARDS PARADISE VILLA ADD : 000155 : PRITCHARDS PARADISE VILLA ADD SLY : Tract : 120.00 :4 : 4.50 : Yes View Garage Sp Units ?OR,3 @z.so~ Block : I : Yes Acres :2 LotSqFt : 1 Stories Land : $364,140 Struct : $550,371 Other Total : $914,511 Exempt Type %Imprv : 60 %Owned :0 TaxArea : 06041 MapGrid : 1290 C7 01-02 Tx : $9,463.32 Phone Owner Tenant : 2.50 BldgSqFt : 108,900 Year Built 669-06 ® HA? 155 · PRITCHARDS PARAOISE VILLA ADD. ROS 9805 Information compiledfi'Dfn various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in t~is report. : 5,766 : 1930 J ., r.. " ' i.:: ~oi Sept e mb er 6, 2002 TO : FROM: SU BJECT: ,,-r--\ , _ "-"' City ot National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-431 o ROGER G. POST -DIRECTOR COMMUNITY D EVELOPMENT COMMISSION NATIONAL C ITY HISTORICAL SOCIET Y CITY OF NATIONAL C ITY P L ANNING DEP ARTMENT Case F il e No: M -2002-1, M il ls Act Contract Ap pli cation for 3600 E . 81h Street T hi s M ill s Act Cont rac t a pplicati on has been s u bm itted for cons iderati on fo r t he property at 3600 E. gt1t St reet. T hi s is the locat ion of the "Wellin gton Estat e" as l isted on t h e C ity 's adopted list of h istor ic st ructures. Pl ease s ub m it your commen ts o r recommen datio ns o n th e prop osa l by September 16, 2002. Please alert us to any aspect s of th e proposal w hi c h confli ct w ith regu lati ons o r po l icies th at you r departm e nt or agen cy ad ministers . If you have no com me nts regard in g th e project, p lease ch eck and s ig n below, and return t hi s notice. If you have a ny q uestions, p lease con tact me at 336-43 10. T hank you . ·------· \ 7 --/' :> ~2-": JON CAIN Associa te P la nn er [X] No comm ents @ Rcnclc<l Pape r September 9, 2002 To: Jon Cain, Associate Planner ~ From: Paul Desrochers, Executive Director ~ Subject: Williamson Act Request The request for ~·~€>·Pl Act status for the Wellington Estate i s appropriate. As stated in your memo, the house is unique to our City and to the Region. This property may also be eligible for CDBG funding under Historic Preservation criteria. About five or six years ago the former director of Paradise Valley Hospital purchased the property and supposedly invested a great deal of funds for its restoration. Apparently there is more that needs to be done! I mention this just to be sure that you were aware of the effort. I suggest that the list for items that need to be undertaken be reviewed and inspected by a certified, qualified (etc.) historic preservation expert. The list that accompanies your report may be appropriate but the credentials of the preparer unknown. September 6, 2002 TO: FROM: SUBJECT: City of National City Planning Department .-I 1243 National City Blvd ., National City, CA 91950 (619) 336-431 o ROGER G. POST -DIRECTOR COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY HISTORICAL SOCIETY CITY OF NATIONAL CITY PLANNING DEPARTMENT Case F ile No: M-2002-1 , Mills Act Contract Applicatio n for 3600 E. 8111 Street This Mills Act Contract appli cation has been submitted for consideration for the property at 3600 E. g•h Street. T hi s is the lo cati o n of the "Wellington Estate" as li sted o n the C ity 's ad opted li st of h is toric s tructures. Please s ubmit yo ur comments or recommendations o n the proposa l by Septemb er 16, 2002 . Please alert u s to a ny as pects of the proposal w hi c h confli ct with regulations o r policies that your department or agency adm ini sters. If you have no comments regarding the project, pleas e c heck a nd s ign below, and return this notice. If you have any questions, please contact me at 336-43 10. Thank y o u. C--\/~ ~~;> JON CAIN Assoc iate Planner D No comments @ Recycl ed Pap e r NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard Natioual City, California 91950 (619) 336-4310 PROPERTY DESCRIPTION: FOR DEPARTMENT USE ONLY Case Number ( ·-'la) a = Filing Fee $ f ~,, · Receipt No. -Z 'Z. r.:: Date Received"5i DZ B~.,,,*-=----- Make checks payable to the City of National City '3 boo Ec>..s ,t ft*' ~t., N"'t:,"a,,,,..,,._{ c;r.~ Cl/ Cf /q S'o , Street Address: Assessors Parcel Number(s): ___ {,_6_'9_-__ 0_6_o_--_2~'f~·--_o_o _______ _ SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure ( any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: Name: M.eincr)e#F,.,.,,J~ Lr,.,R-eJ. f'c..Aner.sJ...,'f' Phone: 6 ( Cf -l/ 72.-O~<j 'J Address: Mdl<l/: ~72.o-o E'afl:: fl,,.ZA 8/vA, #-ta?/ fucd1<1><"'( Cr~ cA q,qso sfr-~.,,t: (oc,,f-,;,_,: 3/;oo e, fr·lh Sci-;:/ Ne.J-t,.., ... .,,( ('.',b,: cA <q1q..ro Property owner's signature: M...,er)e./l2 FLP ~~Date: 8/1s/o 2... Supplement to Application for Mills Act Contract 3600 East 8th St, National City CA 91950 General Maintenance & Restoration Work Items: see attached table Description of Structure and Historic Vaine: This house, located in the eastern hills of National City, contains 5700 square feet, largely on one story, with a garage and storage areas underneath. Its construction is masonry with a roof that is mostly tile. It was designed and built in the roaring twenties, an era when films were still silent, when prohibition still reigned, and when mountain lions still roamed these hills (its paw prints are still preserved in the driveway). The structure's architecture eclectically combines design elements of a medieval Spanish castle with Mediterranean features from the 1920s that reflect the actual historic time of design and construction. This house is visible only from afar, and from many parts of National City, so it is a historic treasure enjoyed by all citizens of National City. Photos: see attached front and side views Legal Description: see attached Copy of deed verifying ownership: see attached PROBLEM RESTORATION WORK SOLUTION 1. combustible dead wood vines cut vines away from wall, covering retaining wall, cut tangled mess into transportable creating fire hazard pieces, haul away pieces 2. SDGE electric inlet pipe held up install rustproof stainless yacht at retaining wall only by rusty shirt cable to anchor inlet pipe hanger, fire and safety hazard 3. entry gate hangs open or ajar replace swingarm with correct length 4. entry gate won't stay closed repair mechanism, replace electronics 5. entry invisible at night to westbound add reflectors near entry traffic, creating traffic hazard 6. central courtyard ugly, uneven, dig, level, till, add soil, fertilize, unplanted, dug up by large dogs plant grass and flowers 7. irrigation system required to maintain repair central courtyard is inoperative 8. garage and basement storage rooms haul junk, strip clean and powerwash 4000 sq ft dirty, infested, filled with iunk garage and basement storage rooms 9. large numbers of electrical outlets replace all electrical switches and outlets and switches throughout structure are unreliable and potentially unsafe 10. paver floor tiles missing in courtyard find pavers matching originals and replace 11. courtyard outside walkways dirtied scrape floors clean, powerwash ceiling and walls with foreign materials 12. gazebo safety railings broken, unsafe repair 13. gazebo dirtied with foreign materials powerwash 14. many windows lealc during rain reglaze windows where needed 15. many swing windows don't work disassemble and repair original window hinges and/or won't close properlv and swing mechanisms, clean and lubricate 16. many windows latches don't work disassemble and repair original latches 17. missing original brass window latch find brass latch that will fit; install 18. some outer door locks don't work disassemble and lubricate 19. outside garage light inoperative talce apart and repair 20. garage doors iam clean and lubricate mechanisms 21. original oak flooring infused with oils strip every square inch of 4000 sq ft flooring with that prevent correct restoration repeated passes by hand, to remove foreign oils 22. original oalc flooring bleached by sun create custom stain to match original color, damage and water damage and restain damaged portions by hand 23. finish on oalc flooring badly screen sand 4000 sq ft to remove deteriorated deteriorated finish; refinish with plural coats of sun and water resistant oil based finish 24. holes in oak flooring, 3 rooms cut oalc plugs to fit, create matching stain, refinish 25. uneven pooled floor finish, LR sand down finish, and apply plural coats of custom finish that can be hand tapered as it dries 26. huge bee hives and gallons of honey remove hives and honey, scrape attics clean, seal have damaged attics attic entries, spray 27. overflow honey has soalced through & knock down ceilings, relath using historically damaged plaster walls and ceilings original metal mesh lath, replaster, match texture 28. 5 modem style fans with lights had replace with historically accurate period style been recently installed in 3 rooms fans with lights 29. 8 ceiling light fixtures in 8 rooms had replace with historically accurate period style been replaced with cheap 1950 style ceiling light fixtures light fixtures 30. 8 wall sconces in 2 rooms had been replace with historically accurate period style replaced with cheap 1950 style units wall sconces, find no longer available (nla) parts to repair or replace broken mountings 31. 4 wall sconces in den were missing, add historically accurate period style wall with holes in walls sconces, find nla parts to repair or replace broken mountings 32. 9 wall sconces in DR were flimsy and replace with historically accurate period style partial] y broken wall sconces, find nla parts to repair or replace broken mountings 33. alcove lights in DR don't work repair 34. lighting in LR doesn't work modify wiring in chandeliers, replace nla bulbs with historically accurate period style lighting 35. original ceiling fixture in office fix, clean, and restore fixture; scrape, clean, and doesn't work, scarred, dirty, bleached re-seal translucent stone shade 36. 1000 sq ft red stone flooring bad! y restore red stone with a 15 coat process, including worn with ground in dirt ( some so many passes of hand rubbing every square inch of badly it has a porous grey look) 1000 sq ft area 37. linoleum floor in telephone room restore by cleaning with multiple passes, reseal worn and verv dirtv and wax 38. linoleum floors in one bathroom and replace with historically accurate wood flooring breakfast nook damaged beyond salvation 39. original floors in 3 rooms have been jackhammer the phony tile away, level remaining replaced with historically inaccurate floor pad with chiseling and grinding, install 1970 style ceramic tile, fused to historically accurate wood flooring building's concrete slab 40. original green tile walls of ldtchen restore green tile walls to glistening shine by and butler's pantry have years of gunk using single edge razor to hand scrape every that cleaning chemicals could not square inch of walls remove 41. original glass handles of all drawers restore glass handles to glistening shine by hand and cabinets have years of gunk that scraping complex contours with razor cleaning chemicals could not remove 42. about 30 original drawers do not work re-plane drawer edges, add tracks, glides, stops, properly etc. 43. about 20 original cabinet doors do not re-plane edges, repair hinges, latches, etc. work properlv 44. about 20 original closet doors do not sand, saw, plane edges, repair hinges, latches, etc. work properly 45. 7 cedar closets have bad foreign smell sand and clean all closet walls, replace carpeting 46. main kitchen faucet broken replace with historicallv accurate faucet 47. 2 original bathroom faucets leak, find nla faucet seats to match special large size washers won't fix from historic time when house built 48. original handles on bathroom sink find nla historically accurate handles that will fit were replaced with wrong type special large size spline shaft (finally found a pair left in stock at an old hardware store in the middle of the Nevada desert) 49. 1 original bathroom faucet won't flow take apart faucet to repair, find nla setscrew needed to make it work when re-assembled 50. front door latch falling out, screws research and find best fitting rare thread screws to use thread size that is nla repair 51. 6 outdoor faucets don't work properly replace valves and spouts 52. original old style toilets don't flush repair original toilets properlv 53. leak in potting room plumbing dig into wall, install shutoff valve in crawl space 54. circulating hot water line loop loses add insulation to entire length of pipe loop heat, energv wasting in today's world 55. hot water takes too long to come on at shorten branches from circulating water loop some locations 56. DR inlaid onyx floor has layers of hand scrape every square inch of 800 sq ft onyx covering that are scarred, dirty, floor to remove old coatings; reseal bare stone yellowed over time with 10 coat process 57. butler's pantry dark, ldtchen complex open up kitchen space, create added counter cramped, insufficient counter space space that matches original historic green tile, create added drawer and cabinet space that matches original historic cabinetry and drawers, save original historic features like ceiling coping 58. numerous holes and chinks in plaster repair and re-texture walls 59. 1960 style drapes in several rooms are remove drapes; allow original architecture to be historically wrong, and hide important visible original architectural features like fan top windows 60. paint throughout interior is dark and repaint entire interior, using light colors that dirty; these dark colors compete with highlight the important historic architectural and thus hide important historic features; repaint all white trim (note: original architectural features, like dark wood exterior walls have a deliberate antiqued look, to round top windows and doors, and mimic an ancient Spanish castle, with protruding dark stone fireplaces and floors mortar and a washed natural stone look) 61. 10 original showerheads clogged, repair original showerheads where possible frozen, leaking 62. original shower pan rusty, scarred refinish original shower pan 63. original shower door leaks at bottom replace non-original broken sweep 64. brass and stainless fittings throughout scrape, sand, buff clean house have rust and crud 65. house cannot be used during major maintain vacant house during 14 month major restoration work restoration work .. - IDIII IIIII IIll llllll //1111r;.,:::,111111111111111111111111. -,-_ _ _ _ 2_000-0717686 RECORDING REQUESTED BY WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO NAME (1,1 =<-rte.fl' F't.P ADDRESS Lf c:>8" M== le'...l, CITY STATE&ZIP TITLE ORDER NO. 11462 ESCROW OR LOAN 1'40. DOC 4 2000-0717686 Dec 2911 2000 1:::10 PM IFFICIAI. RElllRD8 SAN DIEOO ClllRiTY REI.WER'S_ OFFICE 6REOORY J. 11111TH, COUNTY RECORDER FEES: 13.00 00: DC APN NO. QUITCLAIM DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is$ o ( ,.,t.,./t>: 0 =.,_.,l_) CITY TAX$ c:5> o computed on full value of property conveyed, or o' computed on full value less value o·-f~li-e_n_s_o_r ____ _ encumbrances remaining at time of sale, o Unincorporated area: o City of _____________ =~~~~-~~----• and r!J"", fet:er· Mr;,,vte.rle{P FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,l::.'t:~t' ;SIi~:;.. s ..... +#-r, Silv~nt:e,'pt hereby remise, release and forever quitclaim to (11,,..<A,{l' F<,-~Ln:,,,1:,.,L {/,.rtneowi'j, · the following described real property in the County of S"-.~ f>I efl o s e.e G.cl-i!k!~ A , State of California: Dated _____ rz._/_z_&_/._o_o ______ _ ..P (or proved to me on the basis of satisfactory evidence) to be the person~ whose nam~ .ia/are subscribed to the within instrumeni and acknowledged to me that ~hey executed the same in ~/their authorized capacltyli. and that by ~r/their signatureJ&.on the instrument the person~ or the entity upon behalf of which the personeL acted, executed the instrument. WITNESS my hand and officla[ seal. Signature~~~ CHRISTINE SMITHEY Commission # 1147782 z ~ Notory Public -Collfomla ~ San Diego County tyiy Comm. Expires Aug 15, ?JJJ I QUlTCU,4.DOC ~ ' '..'=' =====;i /iCKNOWLEDGMENT-CALIFORNIA ONLY / "ibrnia ,;f ~f ___ q_. ct_"_'\)-'--; -=-e...+1 "'-u ___ 1 _1_4_6_3 __ _ On.:-\)12c.. ?.C\ )oc:,o beforeme, Q1,_,·-s~\,~ ~·+Ctev DATE ' , Notary Public, personally appeared _'G_,c, :...,:,_-'-'-., _lo_a_r_a __ l_. ~.,_M~o~",-'C'--'(_,;_e_:.._Fc..r _________ _ NAMES(S) OF S!GNER(S) --------- D personally known to me -OR - (SEAL) ·--------~----·-··---·-··-· ... N proved to me on the basis of satisfactory evidence to be the person(-irj whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tlteir authorized capacity(iesJ, and that by his/her/their signature(,Sj on the instrument the person(s), or the entity upon behalf of which the person(syacted, executed the instrument. W. ~S~ ~y ~an~d oTfi · al seal. Description of Attached Document (OPTIONAL) Title or Type of Document: Documen~---------- Signer(s) Other Tha~med Above: Capacity(ies) Claim~'by:~igner(s) -~ .. ,. Signer's Name: ~- D Individual D Corporate Officer Title(s): _________ ,,, D Partner D Limited D Ge_!)l'l'fff. _____ Number of Pages: ________ _ ~ Sign~ame: ___________ _ // D Individual D Corporate Officer '---..__"-.. Title(s): _________ _ artner D Limited D General D Attorney-In-Fact / roroFTIIUMBHnRE D Att ey-In-Fact TOP OF TI{UMB HERE D Trustee r rnn.L . D Guardian O~vrvator D Other:~"~---------, z Sig~presenting: NP 014 (6/97) REV. OTrustee ~ · D Guardian or Cdns_tlrvator D Other: ____ ~~-----,, ,. Signer is Representing: 11464 . DEstRfifuoN THAT PORTION OF LOTS 1. AND 5 OF B. F PRITCHARD' S PARADISE .VILLA ADDITION TO . NATIONAL CITY, IN•THE:CITY OF NATIONAL,C:ITY., COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 155 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1887, LYING SOUTHERLY'OF .THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID LOT 4, DISTANT THEREON 163.80 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON THE EASTERLY LINE OF SAID LOT 5, DISTANT THEREON.163.80 FEET NORTHERLY.FROM THE SOUTHEAST CORNER THEREOF. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND, 20.00 FEET IN WIDTH, LYING WITHIN LOTS 2, 3 AND 4 OF SAID B. F. PRITCHARD'S PARADISE VILLA ADDITION TO NATIONAL CITY, THE CENTER LINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF PARCEL "A" ABOVE DESCRIBED, DISTANT THEREON NORTH 70° 36' 59" EAST 270.25 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 05° 34' 27" EAST, 75.61 FEET TO THE BEGINNING OF A TANGENT 35.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 116° 38' 47" A DISTANCE OF 71.25 FEET; THENCE SOUTH 68° 40' WEST, 160.49 FEET; THENCE SOUTH 53° 49' 47u WEST, 137.28 FEET; THENCE SOUTH 51° 25' 36" WEST, 69.31 FEET; THENCE SOUTH 67° 44' 31" WEST, 106.31 FEET; THENCE SOUTH 67° 35' 09" WEST, 17.22 FEET; THENCE SOUTH 38° 31" WEST, 92.14 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64° 48' 58", A DISTANCE OF 56.56 FEET TO THE SOUTHEASTERLY LINE OF ROAD SURVEY NO. 609, KNOWN AS PARADISE VALLEY ROAD, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED APRIL 22, 1955, IN BOOK 5616, PAGE 311 OF OFFICIAL RECORDS. THE SIDELINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED TO TERMINAE WESTERLY IN THE SOUTHEASTERLY LINE OF SAID ROAD SURVEY NO. 609 AND TO TERMINATE EASTERLY IN THE NORTHERLY LINE OF PARCEL "A" ABOVE. r. LIMITED PARTNERSHIP AGREEMENT J. PETER MONCRIEFF & BARBARA L. MONCRIEFF, referred to as GENERAL PARTNERS, and KIMBERLEY E. SILVERSTEIN & SCOTT P. SILVERSTEIN, referred to as LIMITED PARTNERS, agree: l. That they herewith form a limited partnership under the laws of the state of CALIFORNIA, under the name of MONCRIEFF FAMILY LIMITED PARTNERSHIP. 2. The purpose of the partnership is to engage in any business legally approved in the state of California and to have all powers necessary or useful to engage in business described. Without limitation this shall include the power to own, sell or lease property. 3. The principal place of business shall be 1813 Chalcedony Street, San Diego CA 92109. 4. The partnership term begins on the date of this Agreement and shall continue until August 11, 2041, when it shall dissolve under the terms of this Agreement. 5. Each partner has contributed, or will contribute by December 31, 1991 the amount shown next to their signature to this Agreement. Limited partners shall not be required to contribute additional capital. Each partner shall have a capital account that includes invested capital plus that partner's allocations of net income, minus that partner's allocations of net loss and share of distributions. Net income and net loss shall be allocated as follows: a. 4 percent to the General Partners. b. 96 percent to the Limited Partners, according to their respective percentage ownership interests. Except as otherwise expressed stated in this Agreement, the General Partner shall manage the partnership business and have exclusive control over the partnership business, including the power to sign deeds, notes, mortgages, deeds of trust, contracts, leases, and direction of business operations. The limited partners shall have all powers which may lawfully be granted to limited partners under the laws of the State of CALIFORNIA. - Accounting The paiinership's tax or fiscal year shall be a calendar year. The General Partner shall make any tax election necessary for completion of the partnership tax return. Assignment No limited paiiners may assign, transfer, sell any interest in the patinership or any interest in partnership assets without the prior written approval of all of the partners. Any assignment under this section which is approved by the partners shall not cause the dissolution of the partnership. This agreement may only be amended by the written agreement of all Partners. This instrument contains the entire Agreement of the patiies and any modifications shall be required to be in writing and signed by the parties affected by the modification, or who have the right to cause the change. Name & Address Capital Contribution J. PETER MONCRIEFF 1813 CHALCEDONY STREET SAN DIEGO, CA 92109 GENERAL PARTNER BARBARA L. MONCRIEFF 1813 CHALCEDONY STREET SAN DIEGO, CA 92109 GENERAL PARTNER ~L.~ $ 1250 $ 1250 KIMBERLEY E. SILVERSTEIN $ 30,000 1813 CHALCEDONY STREET SAN DIEGO, CA 92109 ~~~~ LP SCOTT P. SILVERSTEIN $ 30,000 1813 CHALCEDONY STREET -~~~ Percentage Interest 2% 2% 48% 48%