HomeMy WebLinkAbout76-99 •
RESOLUTION Na 76-99
A RESOLUTION OF
THE TOWN OF LOS ALTOS HILLS
APPROVING AND AUTHORIZING EXECUTION OF
AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS
AND KELLY R. PORTER AND CHRISTINA M. PORTER
WHEREAS, the City Council of the Town of Los Altos Hills ("Town") has read and
considered that certain Historic Property Preservation Agreement("Agreement") between
the Town and Kelly R. Porter and Christina M. Porter (collectively "Porters"), concerning
the historic preservation of the Porters'property located at 12335 Stonebrook Ct., Los Altos
Hills, California;
NOW, THEREFORE the Town of Los Altos Hills does RESOLVE as follows:
Section 1. Public interest and convenience require the Town of Los Altos Hills to
enter into the Agreement described above.
Section 2. The Town of Los Altos Hills hereby approves the Agreement and the
Mayor is hereby authorized on behalf of the City to execute the Agreement between the
Town of Los Altos Hills and the Porters.
REGULARLY PASSED AND ADOPTED this 2nd day of December , 1999
E
By: 'i''
Mayor
ATTEST:
(3116...D
City Clerk
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411
RECORDING REQUESTED BY:
Kelly R. Porter
and Christina M. Porter
12335 Stonebrook Ct.
Los Altos Hills, CA 94022
AND WHEN RECORDED MAIL TO:
Kelly R. and Christina M. Porter
12335 Stonebrook Ct.
Los Altos Hills, CA 94022
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT("Agreement"),made
and entered into this 1-52I, day of • .L�z.,v c— , 1999, by and between Kelly R.
Porter and Christina M. Porter(collectively "Owner"), and the Town of Los Altos Hills,
("Town"), provides as follows:
WHEREAS, Owner possesses certain real property ("Property") located in Santa
Clara County, commonly known as Morgan Manor which is described and shown in Exhibit.
A attached hereto,which is of historic value, and the structure located thereon is a qualified
historic property as defined in Government Code Section 50280.1; and
WHEREAS, both Owner and Town desire to protect and preserve the Property so
as to retain its characteristics of historical significance; and
WHEREAS, Owner has requested that the Town enter into this Agreement with
respect to the Property,in consideration for which Owner will agree to perform certain new
obligations with respect to the Property.
NOW, THEREFORE, the,parties in consideration of the mutual covenants and
conditions set forth herein and the substantial public benefit to be derived therefrom, do
agree as follows:
1. Authority.. This Agreement is made under authority of Government Code
Section 50280, et. seq. This Agreement establishes that the Property is a qualified historic
property under Government Code section 50280.1, in that it has been designated as an
historic landmark by the Town pursuant to Title 11 (Landmark Designation and
Preservation)Chapter 1 (Landmark Designation and Preservation), of the Municipal Code.
2. Term of Agreement. This Agreement shall be effective commencing on
, 19 ("Effective Date") and shall remain in effect fora period of
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ten (10)years therefrom. Such term will automatically be renewed on its anniversary date
as provided in Paragraph 4 of this Agreement.
3. Limitations on Land Use. During the term of this Agreement, the Property
shall be subject to the following provisions, requirements, and restrictions:
3.1 Owner shall preserve and maintain the Property, including the
historical structures, as a qualified historic property, in no less than equal to the condition
of the Property as of the date hereof. Owner shall also, when necessary, restore and
rehabilitate the Property according to the rules and regulations of the Office of the Historic
Preservation of the State Department of Parks and Recreation. Additionally, Owner shall
provide whatever information shall be required by Town to determine the Property's
continuing eligibility as a qualified historic property, including but not limited to the
following:
3.1.1 Owner shall, on an annual basis, open the Property,
including the interior of the Property, to a public tour
conducted by Owner or by a civic or historic organization
selected by Owner; and
3.1.2 Host community non-profit events on the Property at least
twice a year.
3.1.3 The activities specified on 3.1.1 and 3.1.2 may occur
simultaneously.
3.2 Owner shall not be held responsible for replacement of the historic
structure if damaged or destroyed through "Acts of God" such as flood, lightning or an
earthquake.
3.3 Owner shall provide for such periodic examinations, by appointment,
of the interior and exterior of the premises by the assessor, the State Department of Parks
and Recreation, the State Board of Equalization and Town, as may be necessary to
determine Owner's compliance with this Agreement.
3.4 This contract shall be binding upon and inure to the benefit of, all
successors in interest of Owner. A successor in interest shall have the same rights and
obligations under this Agreement as Owner.
4. Renewal. On the annual anniversary of the Effective Date of this Agreement,
a year shall be automatically added to the initial term of this Agreement, unless notice of
nonrenewal is given as specified in this Paragraph. If in any given year either the Owner
or the Town desires not to renew the Agreement, the Owner or Town shall serve written
notice of nonrenewal of the Agreement on the other party in advance of the annual renewal
date of the Agreement. Unless such notice is served by Owner to Town at least ninety(90)
days prior to the renewal date or by Town to Owner at least sixty (60) days prior to the
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renewal date, one (1) year shall automatically be added to the term of this Agreement.
Upon receipt by Owner of the notice of nonrenewal from Town, Owner may make a written
protest of the notice. Town may, at any time prior to the renewal date of the Agreement,
withdraw its notice of nonrenewal to Owner. If the Town or Owner serves a notice of
nonrenewal to the other in any given year, the Agreement shall remain in effect for the
balance of the term.
5. Cancellation. The Town may cancel this Agreement if it determines that the
Owner has breached any of the conditions of the Agreement or has allowed the Property
to deteriorate to the point that it no longer meets the standards for a qualified historic
property. The Town may also cancel this Agreement if it determines that the Owner has
failed to restore or rehabilitate the Property in the manner specified in Paragraph 3 of this
Agreement. As an alternative to cancellation of the Agreement for breach of any condition,
the Town may pursue all available legal remedies to seek enforcement of the Agreement,
including bringing a court action to seek enforcement of the Agreement by specific
performance and/or injunctive relief.
6. Recordation;Written Notice. The Town shall record an executed copy of this
Agreement in the Office of the Santa Clara County Recorder. Owner shall provide written
notice of this Agreement to the Office of Historic Preservation within six (6) months of
entering into this Agreement.
7. Attorneys Fees. The prevailing party in any action to interpret or enforce this
Agreement shall be entitled to recover its reasonable attorneys' fees.
8. Notice. All notices hereunder shall be given in writing and mailed, postage
prepaid, by certified mail, addressed as follows:
To Town: Town of Los Altos Hills
26376 Fremont Road
Los Altos Hills, CA 94022
Attn: Planning Director
To Owner: Christina and Kelly Porter
12335 Stonebrook Court
Los Altos Hills, CA 94022
9. Binding Effect. This Agreement shall be transferable to future owners of the
Property. This Agreement shall be binding upon, and inure to the benefit of, all successors
in interest of Owner. A successor in interest shall have the same rights and obligations
under this Agreement as Owner.
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i
Dated: , 1999
KELLY R. PORTER I
CHRISTINA M. PORTE
TO .N-OF LOS ALTO LS
Dated: December 2 , 1999 By.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
' 1)6 Ula Ni
On this I day of ��=-�:.�,�.,., ��-f,�, , 1999, before me,
57-1 OIL personally appeared KELLY R. PORTER,
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 that he executed
the same in his authorized capacity, and that by his signature on the instrument the person
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Nota1y Public in and for said State
DOUG M.SHON
(1Commission# 1185869 Z
' =
Notary Public—California >
'- Santa Clara County
My Comm.Expires Jun 5,2002
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA )
51- .� ,
[.
�'fir' ,, �.....j � A ,� --
On this ,, day of ;'<Z , 1999, before me,
.iso U4 fri CH oiJ personally appeared CHRISTINA M.
PORTER, 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 that she
executed the same in her authorized capacity, and that byher signature on the instrument
g
the person or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
N ry ' • • I( In and for said State
DOUG M.S
Commission# 1HON 185869
• •.�a) Notary Public—California i
. l Santa Clara County
} My Comm.Fires Jun 5,2002
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EXHIBIT A
LEGAL DESCRIPTION
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Order No. 560312
• Page No. 6
LEGAL DESCRIPTION
REAL PROPERTY in the City of the Town of Los Altos Hills, County of Santa Clara, State of California,
described as follows:
PARCEL ONE:
Portion of Lot 7, as shown upon that certain Map entitled, "Map of N.J. Stone's Subdivision of Lots 2 and 3
and part of Lots 7 and 8 of the Sanbom and Stone Partition in the San Antonio Rancho",which Map was filed
for record in the Office of the Recorder of the County of Santa Clara, State of California; on May 9, 1894 in
Book H of Maps, at pages 58 and 59 and more particularly described as follows:
Beginning at the common corner of Lots 6, 7, 11 and 12, as said Lots are shown upon that Map above
referred to; running thence from said point of beginning, North 78° 06' 20".East and along the dividing line
between said Lots 6 and 7, for a distance of 313.50 feet to a point in the Westerly line of that certain 4.20
acre-tract of land described in the Deed from Ray Owen Wood, et ux, to Thomas Percy Loach, et ux, dated
• December 21, 1950 and recorded December 22, 1950 in Book 2122 Official Records, page 42, Santa Clara
County Records; running thence South 0° 34' 10" East along last named line, for a distance of 140.12 feet;
thence leaving the Westerly line of said 4.20 acre tract and running South 80° 40'West 165.32 feet and North
75° 16' 30"West, 118.36 feet to a point on the dividing line between said Lots 7 and 11; running thence North
22° 56' West along said last named line, for a distance of 78.42 feet to the point of beginning.
•
PARCEL TWO:
Portion of Lot 6, as shown upon that certain Map entitled, "Map of the N.J. Stone's Subdivision of Lots 2 and
3 and part of Lots 7 and 8 of the Sanborn and Stone Partition in the San Antonio Rancho", which Map was
filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 9, 1894
in Book H of Maps, at pages 58 and 59, and more particularly described as follows:
Beginning at the point on intersection of the center line of Stonebrook Avenue, with the Easterly prolongation
of the center line of 32.00 foot lane, as said avenue and lane are shown upon that certain Map entitled, "Map
of the Oneonta.Hill Subdivision", which Map was filed for record in the office of the Recorder of the County
of Santa Clara, State of California, on January 6, 1909 in Book M of Maps, at page 53; thence from said point
of beginning North 84° 25' West along said prolongation and along said center line of the 32.00 foot lane
657.20 feet to the Northeasterly corner of that certain Tract of land described in the Deed from William E.
Doud, et ux, to John Carter Ford, et ux, dated July 30, 1952 and recorded August 7,
1952 in Book 2465
Official Records, page 237, Santa Clara County Records; thence South 76° 22' 30" West along a
Southeasterly line of land so described in the Deed to said Ford 154.88 feet to the Northeasterly corner of
that certain 0.197 acre tract of land described as Parcel Two in the Deed from William E. Doud, et ux, to John
page
Ford, et ux, dated March 31, 1955 and recorded April 5, 1955 in Book 314 Official Records, p ge 226,
Santa Clara County Records; thence South 50° 00' West along a Southeasterly line of said 0.197 acre tract
133.00 feet to an angle point therein; thence South 32° 32' East along a Northeasterly line of said 0.197 acre
tract, 130.27 feet to the Southeasterly corner of said 0.197 acre tract on a Northeasterly line of land so
described in the First named Deed to said Ford; thence along the Northeasterly and Southeasterly lines of
Land so described in the First names Deed to said Ford for the following courses and distances; South 85°
21' 50" East, 95.00 feet to an angle point therein, South 71° 11' 40" East, 97.69 feet to an angle point therein,
(LEGAL DESCRIPTION CONTINUED NEXT PAGE)
•
Order No. 560312
Page No. 7
LEGAL DESCRIPTION: (Continued)
(Parcel Two continued.)
South 59° 24' 40" East, 230.01 feet to an angle point therein South 33° 40' 20" East 36.33 feet to an angle
point therein, South 5° 20' 40" West, 55.23 feet to angle point therein, and the true point of beginning of the
tract of land to be described; thence from said true point of beginning and continuing along said Southeasterly
line of land so described in the first named Deed to said Ford for the following coursed and distances: South
77° 43' 30"West, 64.51 feet to an angle point therein, South 59° 08' 30"West, 128.34 feet to an angle point
therein and South 3° 17' 40" West, 112.45 feet to an iron pipe set at an angle point therein on the Northerly
line of Lot 7, as said lot is shown upon that Map of N.J. Stone's Subdivision above referred to; thence Easterly
and along said Northerly line of Lot 7 North 61° 00' East, 115:50 feet to an angle point therein; thence
continuing along said Northerly line of Lot 7 North 89° 00' East, 55.00 feet; thence North 9° 57' 03" East,
136.91 feet to the true point of beginning.
PARCEL THREE:
•
Portion of Lots 5, 6 and 12, as shown on that certain Map entitled, "Map of N.J. Stone's Subdivision of Lots
2 and 3 and part of Lots 7 and 8 of the Sanborn and Stone Partition in the San Antonio Rancho", which Map
was filed for record.in the office of the Recorder of the County of Santa Clara, State of California, on May 9,
1894 in Book H of Maps, pages 58 and 59 and more particularly described as follows:
Beginning at a point in the center line of the 32 foot lane shown upon the Map of the Oneonta Hill Subdivision
which Map is on file in the Office of the Recorder of the County of Santa Clara, State of California, in Book
M of Maps, page 53, distant thereon.South 84° 16' East, 27.00 feet from the point of intersection thereof with
the Westerly line of Lot 5, as shown upon the Map of the N.J. Stone Subdivision which Map is on file in the
office of the.Recorder of Santa Clara County in Book H of Maps, pages 58 and 59; thence from said point
of beginning South 84° 16' East along said center line 120.67 feet; thence leaving said center line South 76°
22' 30" West, 234.88 feet; thence South 57° 52' 30"West, 29.91 feet; thence South 33° 50' 20" West,49.88
feet; thence South 3° 59' 40" East, 45.80 feet; thence South 31° 10' 40" East, 39.11 feet; thence South 45°
36' 50" East, 52.78 feet; thence South 85° 21' 50" East 133.00 feet; thence South 71° 11' 40" East, 97.69
feet; thence South 59° 24' 40" East, 230.01 feet; thence South 33° 40' 20" East, 36.33 feet; thence South
5° 20' 40" West, 55.23 feet; thence South 77° 43' 30" West, 64.51 feet; thence South 59° 08' 30" West,
128.34 feet; thence South 3° 17' 40" West, 111.45 feet to an iron pipe on the North line of Lot 7, as shown
upon the Map of the said N.J. Stone Subdivision; thence along said line South 32° 18' 20" West, 94.98 feet
and South 78° 06' 20" West, 313.50 feet; to the most Westerly corner of the said Lot 7; thence North 41° 47'
30" West, 58.06 feet; thence North 21° 05' 50" East, 151.80 feet; thence North 38° 28' West, 101.79 feet;
thence North 1° 13' 30" East, 120.40 feet; thence North 68° 07' East, 163.09 feet; thence North 1° 13' 30"
East, 100.00 feet; thence North 76° 11' 40" West, 42.16 feet; thence North 45° 36' 50" West, 53.04 feet;
thence North 31° 10' 40" West, 53.85 feet; thence North 3° 59' 40" West 69.18 feet; thence North 33° 50'
20" East, 72.11 feet; thence North 57° 52' 30" East 44.94 feet and North 76° 22' 30" East 127.54 feet to the
point of beginning.
PARCEL FOUR:
Portion of Lots 6 and 12, as shown upon that certain Map entitled, "
Map of N.J. Stone's Subdivision of Lots
2 and 3 and part of Lots 7 and 8 of the Sanborn and Stone partition in the San Antonio Rancho", which Map
was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on May 9,
1894 in Book H of Maps, at pages 58 and 59 and more particularly described as follows:
(LEGAL DESCRIPTION CONTINUED NEXT PAGE)
Order No. 560312
Page No. 8
LEGAL DESCRIPTION: (Continued)
(Parcel Four continued.)
Beginning at the point of intersection of the Southerly line of Lot E, as said lot is shown upon that certain Map
entitled, "Map of the Oneonta Hill Subdivision", which Map was filed for record in the office of the Recorder
of the County of Santa Clara, State of California, on January 6, 1909 in Book M of Maps, at page 53 with the
Westerly line of that certain tract of land described as Parcel One in the Deed from William E. Doud, et ux,
to John Carter Ford, et ux, dated July 30, 1952 and recorded August 7, 1952 in Book 2465 Official Records,
page 237, Santa Clara County Records; running thence from said point of beginning, Southerly along the
general Westerly line of land so described in the Deed to said Ford, for the following courses and distances;
South 76° 22' 30" West, 78.48 feet, South 57° 52' 30"West, 44.94 feet, South 33° 50' 20"West, 72.11 feet,
- South 3° 59' 40" East, 69.18 feet, South 31° 10' 40" East, 53.85 feet, South 45° 36' 50" East, 53.04 feet,
South 76° 00' 40" East, 42.16 feet, South 1° 13' 30"West, 100.00 feet and South 68° 07' West 163.09 feet;
thence leaving the said general Westerly line of land so described In the Deed to said Ford and running North
1° 13' 30" East, 60.00 feet to an iron pipe set at the Southernmost corner of that certain Tract of land
described in the Deed from California Pacific Title Insurance Company to Proctor Mellquist, et ux, dated May
14, 1951 and recorded May 4, 1951 in Book 2212 of Official Records,page 203,Santa Clara County Records,
running thence Northerly along the Easterly line of land so described in the Deed to said Mellquist, for the
two following courses and distance: North 1° 13'30"East,281.72 feet to an iron pipe and North 53°52' East,
151.84 feet to an iron pipe set on the said Southerly line of Lot 3 hereinabove referred to; running thence
South 85° 03' East along said last named line, for a distance of 66.77 feet to the point of beginning.
PARCEL FIVE:
Portion of Lot 12, as shown upon that certain Map entitled, "Map of N.J. Stone's Subdivision of Lots 2 and
3 andPart of Lots 7 and 8 of the Sanborn and Stone Partition in the San Antonio Rancho", which Map was
filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on May 9, 1894
in Book H of Maps, at pages 58 and 59 and more particularly described as follows:
Beginning at a point on the general Easterly line of that certain Tract of land described in the Deed from
William E. Doud, et ux, to John Carter Ford, et ux, dated July 30, 1952 and recorded August 7, 1952 in Book
2465 Official Records, page 237, Santa Clara County Records, distant thereon South 76° 22' 30" West,
154.88 feet from the Northeasterly corner thereof on the Southerly line of Lot D, as said lot is shown upon
that certain Map entitled, "Map of the Oneonta Hill Subdivision", which map was filed for record in the Office
of the Recorder of the County of Santa Clara, State of California, on January 6, 1909 in Book M of Maps, at
pages 53; running thence from said point of beginning, Southerly along the general Easterly line of land so
described in the Deed to said Ford, for the following courses and distances: South 76° 22' 30" West, 80.00
feet, South 57° 52' 30" West, 29.91 feet, South 33° 50' 20" West, 49.88 feet, South 3° 59' 40" East, 45.80
feet, South 31° 10' 40" East, 39.11 feet, South 45° 36' 50" East, 52.78 feet and South 85° 21' 50" East,
38.00 feet; thence leaving said last named line and running North 32° 32' West, 130.27 feet and North 50°
00' East, 133.00 feet to the point of beginning.
PARCEL SIX:
Portion of Lots 5 and 12, as shown on that certain Map entitled, "Map of N.J. Stone's Subdivision of Lots 2
and 3 and part of Lots 7 and 8 of the Sanborn and Stone Partition in the San Antonio Rancho", which Map
was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on May 9,
1894 in Book H of Maps, at pages 58 and 59 and more particularly described as follows:
(LEGAL DESCRIPTION CONTINUED NEXT PAGE)
S
Order No. 560312
Page No. 9
LEGAL DESCRIPTION: (Continued)
(Parcel Six continued.)
Beginning at an iron pipe set in the Easterly line of Lot 3 at the Southwesterly corner of Lot D, as said Lots
are shown upon that certain Map entitled, "Map of the Oneonta Hill subdivision", which Map was filed for
January6, 1909 in
a State of California,
record in the office of the Recorder of the County of Santa Clara,
Book M of Maps, at pages 53; running thence from said point of beginning, South 84° 16' East, along the
Southerly line of said Lot D, for a distance of 27.00 feet to the Northwesterly corner of that certain Tract of
land described in the Deed from William E. Doud, et ux, to John Carter Ford, et ux, dated July 30, 1952 and
recorded August 7, 1952 in Book 2465 Official Records, page 237, Santa Clara County Records; thence
leaving the said Southerly line of Lot D and running South 76° 22' 30"West along the boundary line of lands
so described in the Deed to said Ford, for a distance of 28.62 feet to the point of intersection thereof, with
the said Easterly line of Lot 3; running North 5° 44' East along said last named line, for a distance of 9.49
feet to the point of beginning.
PARCEL SEVEN:
A non-exclusive easement for ingress and egress and for installation and maintenance of public utilities over
the Southerly 16 feet,of that certain 32.00 foot lane as shown on that certain Map entitled, "Map of Oneonta
Hill Subdivision", which said Map was recorded January 6, 1909 in Book "M" of Maps, at page 53, Santa
Clara County Records.
Asconveyed in the Deed from Corporation of the presiding bishop of the Church Jesus Christ of Latter Day
Saints, a Utah Corporation, to Brent Warner, a single man, recorded December 20, 1973, in Book 0693, page
580 Official Records.
APN: 336-28-059
Exhibit A