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Home My WebLink About03-06-2006 ITEM VIII-B-7CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Acceptance of Funds from Jane Clare Gattavara Date: February 22, 2006 Department: Parks, Arts and Attachments: Beneficiary Letter, W- Budget Impact: Recreation 9, and Copy of First Codicil of Will, Resolution No. 3991 Administrative Recommendation: City Council adopt Resolution No. 3991. Background Summary: Mountain View Cemetery was recently advised that they are a beneficiary of the estate of Jane Clare Gattavara. Represented by the firm of West Law Offices, Robert E. West Jr., attorney at law, the staff at Mountain View was notified that Mrs. Gattavara's will is in probate and that the Cemetery is listed as a beneficiary of 1/3 of a $10,000 bequest. With the construction of the new columbarium, these funds will be used toward the landscaping of that area. It will add beauty to the cemetery and will be of benefit to the residents of Auburn to accept these funds when available. Distribution of the estate's assets to the beneficiaries will take place after all assets have been liquidated and transferred to the estate, creditors claims paid, and any taxes are satisfied. Staff is requesting authorization to accept and appropriate these funds upon receipt. R-0306-3 F4.6.3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor y [I Hearing Examiner ® Municipal Serv. ❑ Finance ❑ Parks El Human Services ® Planning & CD I -] Fire[I Planning ® Park Board ❑Public Works ❑ Legal El Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: []Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilme fiber: Norman Staff: Faber Meetin Date: March 6, 2006 Item Number: VIII.B.7 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 3 9 9 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ACCEPTING THE ONE-THIRD SHARE OF A TEN THOUSAND DOLLAR BEQUEATHMENT FROM THE ESTATE OF JANE CLARE GATTAVARA FOR THE FLOWER FUND AT MOUNTAIN VIEW CEMETERY WHEREAS, the City received notification from the attorney handling probate of Jane Clare Gattavara's estate in which she bequeathed a one-third share of Ten Thousand and No/100s Dollars to Mountain View Cemetery; and WHEREAS, the City of Auburn was advised that this amount will be distributed to those named in the will following probate of the will; and WHEREAS, acceptance of the funds requires the completion, execution, and return to the personal representative of an Internal Revenue Service (IRS) Form W-9. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Purpose. The City Council hereby accepts the funds bequeathed to Mountain View Cemetery and agrees to their use for flowers. Section 2. Implementation. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 3991 February 27, 2006 Page 1 Dated and signed this day of March, 2006. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk Resolution No. 3991 February 27, 2006 Page 2 332 First Street Northeast WEST Auburn, Washington 98002 LAW OFFICES PHONE: (253) 351.9000 A Professional Service Corporation FAX: (253) 833-5322 Robert E. West, Jr. e-mail: attomeys@WestLawOfEices.com October 11, 2005 TO: BENEFICIARIES OF THE ESTATE OF JANE CLARE GATTAVARA Re: Estate of Jane Clare Gattavara, deceased King County -Superior Court Cause No. 05-4-05010-9 KNT Dear Beneficiaries: Please be advised that this firm represents Charles E. Riley. Mr. Riley's appointment as personal representative (executor) of the Estate of Jane Clare Gattavara was approved by the court on October 7, 2005. Your organization is named as a beneficiary of Ms. Gattavara's estate. Enclosed for your information is a copy of the Last Will and Testament and First Codicil to Last Will and Testament which were admitted to Probate, in the above -referenced matter. Also enclosed is a copy of Notice of Probate Proceedings. It is the duty of the personal representative to prepare an inventory and appraisement of the estate's assets, liquidate the estate's assets, pay creditors, and distribute the estate assets to the beneficiaries according to the terms of the Will and Codicil. The potential creditors of the estate have four months from October 14, 2005, to file a claim with the estate. Distribution of the estate's assets to the beneficiaries will take place after all assets have been liquidated and transferred to the estate, creditors claims have been paid, and tax returns for the estate, if any, have been prepared and filed. You will be periodically apprised of the status of the probate by our office. We expect distribution will not occur sooner than six months from date of this letter. All beneficiaries are, to complete and sign the enclosed IRS Form W-9, and return it to our office.All charitable organizations and other organizations receiving this letter are to provide our office with the following additional.information: name, address, and telephone number of contact person for your organization copy of IRS Letter regarding exempt status of your organization, if applicable WEST LAW OFFICES, P.S. TO BENEFICIARIES OF THE ESTATE OF JANE CLARE GATTAVARA October 11, 2005 Page 2 Should you have any questions, please call our office, and ask to speak with my legal assistant, Rosemary Gale. truly yours, WEST LAW Robert E. West, Jr. REW:rg n-Mrwjuks Ixit«.&C Enclosures Forel W-9 Request for Taxpayer DepararlBnl of the Tram Janes m DepIdentification Number and Certification ury Internet Pavane Service ni ie (as shown on your income tax return) 'm 'TI CITY OF AUBURN • CL C 0 �c 0 � a c w k1 MOUNTAIN VIEW CEMETERY Give form to the requester. Do not send to the IRS. Business name, if different from above MOUNTAIN VIEW CEMETERY IndividuaV Check appropriate box 1:1and SOW proprietor 1:1 Corporation ❑ PartnersNp ® other tl'fICIPAL Exempt from backup Address {num2a20 MOUNTAIN VI6 DRIVE Requesters name and address (optional) City. state, and ZIP code AUBURN, WASHINGTON 98001 List account number(s) here (optitirt� Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I inshuctions on page 3. For other entities, it is Your employer identification number (EIM. If you do not have a number, see Note to get a TIN on page 3. Note. if the account is in more than one name, see the chart on page 4 Ibr gukle hes on whose number to enter Under penalties of penury. I certify that: social secu ty number or EMOkiyer 01 1�6 lOk1 ' tS 1 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup olding because: (a) i am exempt from backup withholding, or (b)1 have not been notified by the internal Revenue Service I am subject to backup withholding as a result of a failure to report all interest or dividends, or c the IRS has notified me that I am no longer subject to backup withholding, and ( ) 3. 1 am a U.S. person (Including a U.S. resident glen). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on Your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of red property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, other i I and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See i structions on e Sign Signah" of Here I U.S. person ► Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issue�, or 2. Certify that you are not subject to backup withholding, 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note. If a requester gives you a foam other than Form W-9 to request your TIN, you must use the nxpjesWs fort if it is substantially similar to this Form W-9. For federal tax purposes you are considered a person if you are: • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or Date IN. /O - i,&/ _ 75� 0 Any estate (other than a foreign Regulationssections 301.7701-6estate) (x) and7u(a) for additional Information. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a Provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Cat. No. 10231X Form W-9 (Rev. 1-2005) D ECEIVCD FIRST CODICIL TO LAST WILL AND TESTAMENT KING Co"NTI% WASHING OF OCT - 7 2005 JANE C. GATTAVARA KNIT DEPARTMENT OF JUDICIAL ADMINISTRATII I, JANE C. GATTAVARA, of Auburn, Washington, being of legal age, of sound and disposing mind and memory, and not acting under duress, menace, fraud or the undue influence of any person whomsoever, do make, publish and declare this a First Codicil to my Last Will and Testament bearing the date October 18, 2004 (hereinafter "Last Will and Testament). WHEREAS, I desire to revise and supplement Article III Specific Bequests of my Last Will and Testament. NOW, THEREFORE, I hereby declare and make the following amendments to Article III, Specific Bequests, Section A: Paral?raph 25 is deleted in its entirety. I make no cash bequest to Samuel Carroll. Paragraph 26 is deleted in its entirety. I make no cash bequest to Daniel Carroll. The following paragraphs are added to Article a Specific Bequests, Section A: 28. Twenty -Five Thousand Dollars ($25,000.00) to The Auburn Symphony Association, a Washington nonprofit corporation, 222 E. Main Street, Auburn, Washington, aka Auburn Symphony Orchestra; and, 29. Fifteen Thousand Dollars ($15,000.00) to Auburn Youth Resources, a Washington nonprofit corporation, 816 "F" Street SE, Auburn, Washington. IN WPTNESS WHEREOF, I have hereunto set my hand this 15'h day of April, 2005, and I hereby ratify and confirm all of the provisions of my Last Will and Testament, dated October 18, 2004,except as modified by this Codicil JANE C. GATTAVARA - On the 15th day of April 2005, at Auburn, Washington, JANE C. GATTAVARA . in our presence declared this instrument consisting of one (1) page to be her First Codicil to her Last Will and Testament, subscribed her name to it and requested* each of us to attest to such facts as witnesses; and whereupon we signed this instrument in her and each other's presence. 51mL PAnGl- t Name: S0Print Name: SHERM Residing at /�,¢ Residing CODICIL TO LAST WILL AND TESTAMENT OF JANE C. GATTAVARA Page - 1 - A WEST LAW OFFICES, P.S. 3.32 First Street Northeast, Auburn, Washington 98002 (253) 351-9000 � ltutia� ARTICLE III SPECIFIC BEQUESTS A. I give, devise and bequeath the amounts of money as hereinbelow set forth as follows: 1. Twenty-five Thousand Dollars ($25,000.00) to CALVARY PRESBYTERIAN CHURCH, 1725 Porter Street, Enumclaw, Washington, 98022; 2. Fifteen Thousand Dollars ($15,000.00) to WHITE RIVER PRESBYTERIAN CHURCH, 52612' SE, Auburn, Washington, 98002; 3. Five Thousand Dollars ($5,000.00) to SACRED HEART CHURCH, 1614 Farrelly Street, Enumclaw, Washington, 98022; 4. Thirty Thousand Dollars ($30,000) to AUBURN FOOD BANK, 930 18" Place NE, Auburn, Washington, 98002; 5. Twenty Thousand Dollars ($20,000) to WHITE RIVER VALLEY MUSEUM, 918 H Street SE, Auburn, Washington, 98002; 6. Twenty-five Thousand Dollars ($25,000) to NEELY MANSION, 12303 Auburn -Black Diamond Road, Auburn, Washington, 98002; 7. Fifteen Thousand Dollars ($15,000) to VETERANS OF FOREIGN WARS (VFW) Post 1949, 44426 244` SE, Enumclaw, Washington, 98022; . 8. Five Thousand Dollars ($5,000) to LAKOTA CHAPTER DAR, Auburn, Washington; 9. Twenty-five Thousand Dollars ($25,000) to CASCADE ANIMAL PROTECTION SOCIETY (CAPS), 31849 Pacific Highway South, #112, Federal Way, Washington, 98001; 10. Twenty Thousand Dollars ($20,000) to DELTA ANIMAL RESCUE, P.O. Box 9, Glendale, Califomia, 91209; en Thousand Dollars ($10,000) total, in equal shares, share and share alike, to ALVARY CEMETERY, Seattle, Washington, EVERGREEN CEMETERY, LAST WILL AND TESTAMENT OF JANE C. GATTAVAM Page 2 A WEST LAW OFFICES, P.S. �SS1 t irst{�treet Norihca t. %\4.m. Washington 9&X)2 (253) 351 -9000 - Initial: Enumclaw, Washington, an °;,ton, to be used for each Cemetery's Flower Fund; 12. Forty Thousand Dollars ($40,000) in trust to CHARLES RILEY, as Trustee, and if he cannot serve, then to KAREY RILEY, as Trustee, both presently residing at 950 Federal Avenue East, Seattle, Washington, 98102, not beneficially, but IN TRUST for the benefit of my grandnephew, MICHAEL MacMlLLAN, presently residing at 2505 South Norman Street, Seattle, Washington, 98144, to be used for college or other necessities, and the entire balance shall be distributed -to MICHAEL MacMILLAN when, he reaches the age of twenty-five (25) years; 13. Fifteen Thousand Dollars ($15,000) to the BLACK DIAMOND HISTORICAL SOCIETY, Black Diamond, Washington; 14. Forty Thousand Dollars ($40,000) to the ENUMCLAW PLATEAU HISTORICAL SOCIETY, Enumclaw, Washington; 15. Fifteen Thousand Dollars ($15,000) to the FARM SANCTUARY, whose current address is P.O. Box 150, Watkins Glen, New York, 14891-9978; ,16. Ten Thousand Dollars ($10,000) to HUMANE FARMING ASSOCIATION, whose current address is P.O. 3577, San Rafael, California, 94912; 17. Ten Thousand Dollars ($10,000) to FOOD ANIMAL CONCERNS TRUST ("F.A-C.T."), whose current address is P.O. Box 14599, Chicago, Illinois, 60614-9966; 18. Three Thousand Dollars ($3,000) to FUND FOR ANIMALS, whose current address is -200 West 576 Street, New York, 10102-0670; 19. Ten Thousand Dollars ($10,000) to the FAMILY HISTORY CENTER, CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS (MORMON), 623 M Northeast, Aubum; Washington; 20. Ten Thousand Dollars ($10,000) to ANITA WHITE, currently residing at 3240 Happy Hollow Lane, Silverdale, Washington, 98383; 21. Five Thousand -Dollars ($5,000) to UNITY, 1901 NW Blue Parkway, Unity Village, MO 64065-0001; LAST WILL AND TESTAMENT OF JANE C. GATTAVARA Page 3 A WEST LAW OFFICES, P.S. 332 First Strcct Natthca.<t, Aulxim, Washingtm 9882 (2 5 1) 351_9oW Initi. s