HomeMy WebLinkAbout48-21RESOLUTION 48-21
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
TO ENTER INTO A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT
(LANDS OF HAUSER)
WHEREAS, Bradley and Sarah Hauser, trustees of the Bradley and Sarah Hauser Living Trust
("Owners") own the property commonly known as 14700 Manuella Road, Los Altos Hills,
California (APN 175-03-009); and
WHEREAS, the Town of Los Altos Hills ("Town") has adopted a General Plan and, pursuant
thereto, encourages public and private efforts to preserve and enhance historic resources; and
WHEREAS, the Town adopted the Landmark Designation and Preservation Ordinance of the
Municipal Code (LAHMC Title 11) to establish a procedure for the designation and preservation
of historic landmarks within the Town; and
WHEREAS, on January 21, 2019, the City Council voted 5-0 to adopt Ordinance 579 malting
positive findings to designate the greenhouse, cottage, and grounds on the subject property as a
historic landmark; and
WHEREAS, the State of California enacted the Mills Act and related California Government
Code, Article 12, Sections 50280 — 50290 and California Revenue and Taxation Code, Article 1.9,
Section 439 — 439.4 allowing a legislative body of a city, county or city and county to contract
with private property owners to preserve qualified historical properties for a minimum of 10 years;
and
WHEREAS, the Owners are requesting to enter into an agreement with the Town for Historic
Property Preservation pursuant to the provisions of the Mills Act attached to this Resolution as
Attachment A ("Historic Property Preservation Agreement") to provide for the maintenance and
preservation of the designated historic structures; and
WHEREAS, the Town finds the Historic Property Preservation Agreement to be consistent with
the Town's General Plan and in the best interests of the Town; and
WHEREAS, the Historic Property Preservation Agreement contains the appropriate restrictions
and covenants to preserve the integrity of the designated historic structures; and
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as
follows;
The Town hereby agrees to enter into the Historic Property Preservation Agreement attached to
this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the
Historic Property Preservation Agreement.
Resolution 48-21 Page 1
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los
Altos Hills at a special meeting held on the 22nd day of July 2021, by the following vote:
AYES: Tankha, Tyson, Mok, Swan
NOES: None
ABSTAIN: None
ABSENT: Schmidt
ATTEST:
Deborah Padovan, City Clerk
Kavita Tankha, Mayor
Resolution 48-21 Page 2
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement is made and entered into this 22 n4 day of
, 2021, by Bradley Hauser and Sarah Hauser, Trustees of the Bradley
and SaraY Hauser Living Trust ("Owners"), the owners of the property located at 14700
Manuella Road, Los Altos Hills, and the TOWN OF LOS ALTOS HILLS, a municipal
corporation, ("Town").
RECITALS
A. California Government Code section 50280 et seq, authorizes cities to enter
into contracts with owners of qualified historical property to provide for the use,
maintenance and restoration of such historical property so to retain its characteristics as
property of historical significance; a qualified historical property includes, among other
things, a private property that is listed in any city/municipality official register of historical
or architecturally significant sites, places, or landmarks;
B. Owners hold fee title in and to that certain real property, together with
associated structures and improvements thereon, generally located at the street address
14700 MANUELLA ROAD, LOS ALTOS HILLS, CALIFORNIA ("Historic Property").
A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and
is incorporated herein by reference;
C. On February 21, 2019, the City Council of the Town of Los Altos Hills
("City Council") adopted Ordinance No. 579 thereby declaring and designating the
Historic Property as a "Landmark", pursuant to Title 11, Chapter 1 of the Town's
Municipal Code as a site having historical, architectural, cultural, or aesthetic significance
. The Historic Property is a qualified historical property pursuant to California Government
Code section 50280.1;
D. Town and Owners, for their mutual benefit, now desire to enter into this
agreement both to protect and preserve the characteristics of historical significance of the
Historic Property and to qualify the Historic Property for an assessment of valuation
Resolution 48-21 Page 3
pursuant to the Provisions of Chapter 3, of Part 2, of Division 1, of the California Revenue
and Tax Code.
AGREEMENT
NOW, THEREFORE, the Town and Owners, in consideration of the mutual
covenants and conditions set forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective
and commence on , 2021 ("Effective Date") and shall remain in effect for a term
of ten (10) years thereafter. Each year upon the anniversary of the Effective Date, such
initial term will automatically be extended as provided in paragraph 2, below.
2. Renewal. On each anniversary of the Effective Date (herein referred to as
the "Renewal Date"), an additional one-year term shall automatically be added to the term
of this Agreement unless a notice of (nonrenewal {"Notice of Nonrenewal") is served as
provided herein. If either the Owners or Town desires in any year not to renew this
Agreement for an additional one-year term, the Owners or Town shall serve a written
Notice of Nonrenewal upon the other party in advance of the Renewal Date. Such Notice
of Nonrenewal shall be effective if served by the Owners upon the Town at least ninety
(90) days prior to the Renewal Date, or if served by the Town upon the Owners, such
Notice of Nonrenewal shall be effective if served upon the Owners at least sixty (60) days
prior to the Renewal Date. If either the Town or Owners timely serve(s) a Notice of
Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term
then remaining, either from its original execution or from the last Renewal Date of this
Agreement, whichever may apply.
2.1. Owner Protest of Town Nonrenewal. Within fifteen (15) days after
receipt by the Owners of a Notice of Nonrenewal from the Town, Owners may
make and file a written protest of the Notice of Nonrenewal. Upon receipt of such
protest the City Council shall set a hearing prior to the expiration of the Renewal
Date of this Agreement. Owners may furnish the City Council with any information
which the Owners deem relevant, and within ten (10) days after demand shall
furnish the City Council with any information the City Council may require. The
City Council may, at any time prior to the Renewal Date of this Agreement, but
without obligation to do so, withdraw its Notice of Nonrenewal.
3. Assessment of Valuation. The parties acknowledge that the Owners, in
consideration for abiding by the terms of this Agreement, shall be entitled to apply for a
reassessment evaluation of the Historic Property pursuant to the provisions of Sections 439
et seq. of the California Revenue and Taxation Code. Owner acknowledges that tax relief
afforded to the Owner pursuant to Chapter 3, Part 2, of Division 1 of the California Revenue
and Taxation Code may require negotiation with the Santa Clara County Assessor's Office.
All tax savings realized by the Owners in connection with this Agreement shall be used to
preserve, maintain repair, restore and rehabilitate the Historic Property.
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Resolution 48-21 Page 4
4. Standards for Historical Property. Owners shall preserve, repair and
maintain the Historic Property and its Character Defining Features (defined below) as a
qualified historic property, in no less than equal to the condition of the Historic Property
on the Effective Date. The Owners shall, where necessary, restore and rehabilitate the
property according to the rules and regulations of the Office of Historic Preservation of the
State Department of Parks and Recreation, the United States Secretary of the Interior's
Standards for Rehabilitation and Restoration., the State historical Building Code, and the
Town's Landmark Designation and Preservation Ordinance under Title 11, Chapter 1 of
the Los Altos Hills Municipal Code, as the same may be amended from time to time, and
in accordance with the attached ten (10) year schedule of the home repair, maintenance and
improvement measures prepared by the Owner and approved by the City Council, attached
hereto as Exhibit `B" and incorporated herein by reference. Commencing on the fifth
anniversary of the Effective Date, and continuing every five (5) years thereafter during the
term of this Agreement, the Owners shall submit to the Town an updated ten (10) year
schedule of potential home repair, maintenance and improvement measures for the
upcoming ten (10) year period, which schedule shall also document all repairs,
maintenance, and improvements which have been completed since the Effective Date.
Character Defining Features means all historic or other architecturally significant aspects
of the Historic Property, including without limitation, the general architectural form, style,
materials, design, scale, details, mass, roof line, porch, exterior vegetation and other aspects
of the appearance of the exterior and interior of the Historic Property. The Secretary of the
Interior's Standards for Rehabilitation and Restoration currently in effect (attached hereto
and marked as Exhibit "C") shall be incorporated herein by reference and constitute the
minimum standards and conditions for the rehabilitation and restoration of the Historic
Property. All standards herein referred to in this Section 4 shall apply to the Historic
Property throughout the term of this Agreement. The Owners shall not obstruct or obscure
the public's ability to view the exterior of the Historic Property from the public right-of-
way. Such prohibition shall include, without limitation, a prohibition against the placing of
trees, bushes or fences in a location which substantially obscures or obstructs the view from
the public right-of-way of the exterior of the Historic Property.
This provision shall not require the removal of any existing vegetation, trees, walls
or fences that were in place at the time that this Agreement went into effect. The historic
property evaluation, which is filed with the Planning Department, provides additional
information about the existing vegetation, trees, walls and fences which are allowed to be
maintained.
5. Periodic Examinations. Owners shall allow reasonable periodic
examination, by prior appointment, of the exterior of the Historic Property by
representatives of the Santa Clara County Assessor, State Department of Parks and
Recreation, State Board of Equalization, and/or the Town, as may be necessary to
determine the Owner's compliance with the terms and provisions of this Agreement.
6. Provision of Information of Compliance. Within ten (10) days after
requests by the Town, the Owners shall furnish the Town with any and all information
Resolution 48-21 Page 5
requested by the Town from time to time which the Town deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
7. Cancellation. The Town, following a duly noticed public hearing, as set
forth in California Government Code Sections 50285 et seq., may cancel this Agreement
if it determines that the Owners breached any of the provisions of this Agreement or has
allowed the Historic Property to deteriorate to the point that it no longer meets the standards
for a qualified historic property and such breach is not cured by the Owners within thirty
(30) days after the Town gives the Owners notice that a breach has occurred. The Town
may also cancel this Agreement if it determines that the Owners have failed to maintain,
preserve, restore or rehabilitate the Historic Property in accordance with the terms of this
Agreement and such breach is not cured by the Owners within thirty (30) days after the
Town gives the Owners notice that a breach has occurred. If this Agreement is canceled
because of failure of the Owners to maintain, preserve, restore and rehabilitate the Historic
Property as specified above, the Owners shall pay a cancellation fee to the State Controller
as set forth in Government Code Section 50286 as the same may be amended or replaced
from time to time.
8. Destruction. Notwithstanding any provision of this Agreement to the
contrary, the Owners may cancel this Agreement without payment of a cancellation fee set
forth if Section 7, if the existing greenhouse, workshop, pump room, pergola, wine room
and cottage (the "Structures") on the Historic Property are damaged by fire, earthquake, or
other Act of God or accidental cause to the extent (1) the then fair market value of said
Structures is reduced by fifty-one percent (51 %) or more; or (2) fifty-one percent (510/0) or
more of the Structures' floor area is destroyed or irreparably damaged; or (3) fifty-one
percent (51%) or more of the Structures' Character Defining Features are destroyed or
irreparably damaged; or (4) that the cost to the Owners (less any insurance proceeds
payable in connection with such damage) to restore the Structures to its prior condition
would exceed ten thousand dollars ($10,000). If the Owners desire to cancel this
Agreement under this Section 8, written notice shall be given to the Town within ninety
(90) days after such damage or destruction occurs.
9. Enforcement of Ag eement. The Town may specifically enforce, or enjoin,
the breach of, the terms of this Agreement, if the Owners fail to cure any default under this
Agreement within thirty (30) days after the Town gives the Owners notice that the Owners
have breached any of the Owners' obligations under this Agreement. If the Owners' breach
is not corrected to the reasonable satisfaction of the Town within thirty (30) days after the
notice of the breach is given to the Owners, then the Town shall, without further notice,
declare a default under the terms of this Agreement and bring any action necessary to
specifically enforce the obligations of the Owners or enjoin any breach under this
Agreement, including, but not limited to, bringing and action for injunctive relief against
the Owners or such other relief as the Town may deem appropriate.
The Town does not waive any claim of default by the Owners if the Town does not
enforce or cancel this Agreement upon a default by the Owners. All other remedies at law
or in equity which are not otherwise provided for in this Agreement shall be available to
4
Resolution 48-21 Page 6
the Town to pursue if there is a default oof this Agreement by the Owners. No waiver by
the Town or any breach or default under this Agreement by the Owners shall be deemed to
be a waiver of any other subsequent breach thereof or default hereunder.
10. Binding Effect of Agreement: Covenants Running with the Land. The
Owners hereby subjects the Historic Property to the covenants, reservations and restrictions
as set forth in this Agreement. The Town and the Owners hereby declare their specific
intent that the covenants, reservations and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owners'
successors and assigns in title or interest to the Historic Property. Each and every contract.
Deed or other instrument hereinafter executed, covering or conveying the Historic
Property, or any portion thereof, shall conclusively be held to have been expressed in this
Agreement regardless of whether such covenants, reservations and restrictions are set forth
in such contract, deed or other instrument. The Town and Owners 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 the value of the Owners' legal interest in
the Historic Property may be affected thereby. The Town. and Owners hereby fiuther
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 Property for the benefit of the public and
the Owners.
11. Sale of Transfer of Ownership. Prior to the sale or transfer of ownership of the
Historic Property, the Owners are bound by this Agreement to provide a report to the Town
which outlines how all tax savings realized by the Owners in connection with this
Agreement were used to preserve, maintain, repair, restore and rehabilitate the Historic
Property. The Town shall review and approve the report administratively within twenty-
one (2 1) days. If the Town takes no action within that time, the report is deemed adequate.
12. Cost Reimbursement. Owners shall, within ten (10) days after demand,
reimburse the Town for all reasonable legal fees and costs and all staff time and costs
incurred by the Town in connection with the preparation and review of this Agreement and
the administration of the Agreement during the term of this Agreement.
13. Notice. Any notice required to be given by the terms of this Agreement shall
be in writing and sent by personal delivery or by United States registered or certified mail
postage prepaid, return receipt requested, addressed as set forth in this Section 13 below at
any other address as may be later specified by the parties hereto by notice given in the
manner required by this Section 13.
To Town:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
To Owners:
Brad and Sarah Hauser
14700 Manuella Road
Los Altos Hills, CA 94022
5
Resolution 48-21 Page 7
Mailed notices shall be deemed delivered three (3) days after the date of posting by the
United States Post Office.
14. Notice to Office of Historic Preservation. Owners shall provide written notice
of this Agreement and shall provide a copy of this Agreement to the Office of Historic
Preservation to the Department of Parks and Recreation of the State of California within
six (6) months following the Effective Date.
15. Effect of Agreement. None of the terms, provisions or conditions of this
Agreement shall be deemed to create a partnership between the parties hereto or any of
their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the
parties to be considered joint ventures or members of any joint enterprise.
16. Indemnitv of Town. Owners shall protect, defend, indemnify, and hold the
Town and its elected officials, officers, agents and employees harmless from liability for
claims, losses, proceedings, damages, causes of action, liabilities, costs or expense,
including reasonable attorneys' fees, which may arise directly or indirectly from the
negligence, willful misconduct or breach of this Agreement by the Owners or Owners'
contractors, subcontractors, agents, employees or other persons acting on the Owners'
behalf in connection with the Historic Property, or which arise directly or indirectly in
connection with Owners' activities in connection with the Historic Property. This Section
16 applies, without limitation, to all damages and claims for damages suffered, or alleged
to have been suffered regardless of whether or not the Town prepared, supplied or approved
any plans, specifications or other documents for the Historic Property.
17. Binding Upon Successors. All of the agreements, rights, covenants,
reservations and restrictions contained in this Agreement shall be binding upon and shall
ensure to the benefit of the parties named herein, their heirs, successors, legal
representatives, and assigns and all persons acquiring any part or portion of the Historic
Property, whether voluntarily or involuntarily, by operation of law or in any manner
whatsoever.
18. Legal Costs. If legal proceedings are brought by the Owners or Town to
enforce or restrain a violation of any of the covenants, reservations or restrictions contained
herein, or to determine the right and duties of any party hereunder, the prevailing party in
such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in
addition to court costs and other relief ordered by the court.
19, Severabili1y. If any of the provisions of this Agreement 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 affected thereby.
20. Governing Law. This Agreement shall be constrained and governed in
accordance with the laws of the State of California.
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Resolution 48-21 Page 8
21. Recordation. No later than twenty (20) days after the parties execute and enter
into this Agreement, the Town shall cause this Agreement to be recorded in the Office of
the County Recorder of the County of Santa Clara, California.
22. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by all the parties hereto.
23. Captions. Section headings and captions of this Agreement are for convenience
of reference only and shall not be considered in the interpretation of any of the provisions
of this Agreement.
WITNESS WHEREOF, the parties hereto do hereby execute this agreement.
OWNERS:
Date: � �, 2021
Er"Har (Signature)
Date: -7// , 2021
Sarah Hauser (i ature)
TOWN OF LOS ALTOS HILLS:
Date: , 2021 /�
Attest:
Date: .2021
Approved as to Form:
Date: , 2021
Kavita Tankha, Mayor
Deborah L. Fadovan, City Clerk
Steven T. Mattas, City Attorney
7
Resolution 48-21 Page 9
21. Recordation. No later than twenty (20) days after the parties execute and enter
into this Agreement, the Town shall cause this Agreement to be recorded in the Office of
the County Recorder of the County of Santa Clara, California.
22. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by all the parties hereto.
23. Captions. Section headings and captions of this Agreement are for convenience
of reference only and shall not be considered in the interpretation of any of the provisions
of this Agreement.
WITNESS WHEREOF, the parties hereto do hereby execute this agreement.
OWNERS:
Date: _ b , 2021
Date: _ / , 2021 dkx—�
Sarah Hauser (i ature)
TOWN OF LOS ALTOS HILLS:
Date:
Attest:
2021
Date: , 2021
Approved as to Form:
Date: July 23 , 2021
Kavita Tankha, Mayor
Deborah L. Padovan, City Clerk
Steven T. Mattas, City Attorney
7
Resolution 48-21 Page 10
EXHIBIT "A"
Property Legal Description
A.P.N.: 175-03-009
Real property in the Town of Los Altos Hills, County of Santa Clara, State of California
described as follows:
PARCEL ONE:
A PORTION OF LOT 9 OF THE SUBDIVISION OF THE MESA TRACT, THE MAP
OF WHICH WAS FILED NOVEMBER 8,1899 IN BOOK "I" OF MAPS, AT PAGE 123,
SANTA CLARA COUNTY RECORDS AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 9, AT THE
SOUTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED AS PARCEL
NO. 1 IN THE DEED TO NEVILLE V. WILLIAMS; RECORDED AUGUST 7, 1952,
BOOK 2466 OFFICIAL RECORDS, PAGE 111; THENCE NORTH 88 DEGREES 03'
WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED
IN SAID DEED ABOVE REFERRED TO, 110 FEET, MORE OF LESS, TO THE
WESTERLY LINE OF A TITLE WALK AS THE SAME EXISTED ON THE GROUND
ON JUNE 12,1953; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID
LOT 9, NORTH 1 DEGREE 47' EAST 210 FEET, MORE OR LESS, TO THE
NORTHERLY LLINE OF SAID PARCEL OF LAND DESCRIBED IN SAID DEED
ABOVE REFERRED TO; THENCE SOUTH 85 DEGREES 57' EAST ALONG SAID
NORTHERLY LINE TO AN ANGLE POINT THEREIN; THENCE SOUTH 89
DEGREES 29' EAST CONTINUING ALONG THE EASTERLY LINE OF SAID LOT
9; THENCE SOUTH 1 DEGREES 47' WEST ALONG THE EASTERLY LINE OF SAID
LOT; THENCE SOUTH 1 DEGREES 47' WEST ALONG THE EASTERLY LINE OF
SAID LOT 9,208.15 FEET TO THE POINT OF BEGINNING.
PARCEL TWO:
A RIGHT OF WAY OVER A POTION OF LOT 9 OF THE SUBDIVISION OF THE
MESA TRACT THE MAP OF WHICH WAS FILED NOVEMBER 8, 1899, BOOK "I"
OF MAPS, PAGE 123, SANTA CLARA COUNTY RECORDS, CONVEYED, BY
NEVILLE V. WILLIAMS, TO WILLIAM F. PURDY, JR., ET UX, DATED BY DEED
RECORDED MAY 10, 1954. BOOK 2869, OFFICIAL RECORDS, PAGE 476,
DESCRIBED AS FOLLOWS:
A RIGHT OF WAY FOR INGRESS AND EGRESS, ESTABLISHED BY AGREEMENT
BY AND BETWEEN JEANNETTE R. WILLIAMS AND NEVILLE V. WILLIAMS,
RECORDED AUGUST 7, 1952, BOOK 2466, OFFICIAL RECORDS, PAGE 115, TO
MANUELLA AVENUE, A SIZE SUFFICIENT TO COMPLY WITH ROAD
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Resolution 48-21 Page 11
REQUIREMENTS OF SANTA CLARA COUNTY, NOT TO EXCEED 60 FEET IN
WIDTH.
PARCEL THREE:
THE EASEMENT OVER A PORTION OF LOT 9 OF THE SUBDIVISION OF THE
MESA TRACT, THE MAP OF WHICH WAS FILED NOVEMBER 9, 1899, BOOK "I"
OF MAPS, PAGE 123, GRANTED BY ROBERT J. DINGES, ET UX, TO WILLIAM F.
PURDY, ET UX, BY DEED RECORDED NOVEMBER 6, 1963, BOOK 6261
OFFICIAL RECORDS, PAGE 690, DESCRIBED AS FOLLOWS:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR THE
INSTALLATION AND MAINTENANCE OF A SANITARY SEWER LINE OVER A
STRIP OF LAND 5 FEET IN WIDTH, THE NORTHEASTERLY LINE OF WHICH IS
DECRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE 0.543 ACRE TRACT OF
LAND DESCRIBED IN THE DEED TO WILLIAM C. CARLTON, ET UX,
RECORDED NOVEMBER 5, 1954, BOOK 3002, OFFICIAL RECORDS, PAGE 95, IN
THE NORTHWESTERLY LINE OF ESTACADA DRIVE, AS SHOWN ON THE MAP
OF TRACT NO. 1118, PINECREST HEIGHTS FILED MARCH 16, 1953 IN BOOK 41
OF MAPS, PAGES 54 AND 55; THENCE FROM SAID POINT OF BEGINNING,
NORTH 20 DEGREES 10'50 WEST ALONG THE EASTERLY LINE OF SAID 0.543
ACRE TRACT AND THE NORTHWESTERLY PROLONGATION THEREOF, TO A
POINT IN THE NORTHERLY LINE OF THE 0.471 ACRE TRACT OF LAND
DESCRIBED AS PARCEL ONE IN THE DEED TO ROBERT J. DINGES, ET UX,
RECORDED APRIL 30, 1963, BOOK 6004, OFFICIAL RECORD, PAGE 502.
EXCEPTING FROM SAID STRIP OF LAND THAT PORTION THEREOF LYING
WITHIN THE 0.543 ACRE TRACT OF LAND.
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Resolution 48-21 Page 12
EXEIIBIT "B"
SCHEDULE OF IMPROVEMENTS
10 years after Effective Date
Year 1: Description
Estimated Cost
Greenhouse wood cleaning and re -sealing
$1500
Annual roof cleaning
$500
Cottage restoration and waterproofing
$125,000
Year 2•
Replace steel window weather stripping
$750
Landscape mature tree care —trim and spray oak trees
$5500
Annual roof cleaning
$500
Year 3:
Greenhouse wood cleaning and re -sealing $1500
Annual roof cleaning $500
Wine room foundation and restorations $80,000
Year 4:
Replace steel window weather stripping $750
Annual roof cleaning $500
Tile walkway and concrete retaining wall repair $6500
Year 5•
Greenhouse wood cleaning and re -sealing $1500
Annual roof cleaning $500
Re -paint exterior of main house $22,500
Year 6:
Replace steel window weather stripping $750
Annual roof cleaning $500
Re -paint interior of greenhouse and main house $30,000
Year 7•
Greenhouse wood cleaning and re -sealing $1500
Annual roof cleaning $500
Kitchen tile and cabinet improvements $35,000
Year 8:
Replace steel window weather stripping $750
Annual roof cleaning $500
Refinish the greenhouse concrete floor $8,000
Year 9•
Greenhouse wood cleaning and re -sealing $1500
Annual roof cleaning $500
Replace composite roof on greenhouse and main house $25,000
Year 10:
Replace steel window weather stripping $750
Annual roof cleaning $500
Replace waterproofing of greenhouse, cottage and $15,000
wine room
Total 368,750
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Resolution 48-21 Page 13
EYCFIM r "C99
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION AND
RESTORATION
Rehabilitation:
1. A property will be used as it was historically or be given a new use that requires
minimal change to its distinctive materials, features, spaces and spatial.
2. The historic character of a property will be retained and preserved. The removal
of distinctive materials or alteration of features, spaces and spatial relationships
that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding
conjectural features or elements from other historic properties, will not be
undertaken.
4. Changes to a property that have acquired historic significance in their own right
will be retained and preserved.
5. Distinctive materials, features, finishes and construction techniques or
examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new
feature will match the old in design, color, texture, and, where possible,
materials. Replacement of missing features wil be substantiated by
documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the
gentlest means possible. Treatments that cause damage to historic materials will
not be used.
8. Archeological resources will be protected and preserved in place. If such
resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations or related new construction will not destroy
historic materials, features and spatial relationships that characterize the
property. The new work will be differentiated from the old and will be
compatible with the historic materials, features, size, scale and proportion, and
massing to protect the integrity of the property and its environment.
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Resolution 48-21 Page 14
10. New additions and adjacent or related new construction will be undertaken in
such a manner that, if removed in the future, the essential form and integrity of
the historic property and its environment would be unimpaired.
Restoration:
1. A property will be used as it was historically or be given a new use that
interprets the property's restoration period.
2. Materials and features from the restoration period will be retained and
preserved. The removal of materials or alterations of features, spaces and spatial
relationships that characterize the period will not be undertaken.
3. Each property will be recognized as a physical record of its time, place and use.
Work needed to stabilize, consolidate and conserve materials and features from
the restoration period will be physical and visually compatible, identifiable
upon close inspection and properly documented for future research.
4. Materials, features, spaces and finishes that characterize other historical periods
will be documented prior to their alteration or removal.
5. Distinctive materials, features, finishes and construction techniques or
exampled of craftsmanship that characterize the restoration period will be
preserved.
6. Deteriorated features from the restoration period will be repaired rather than
replaced. Where the severity of deterioration requires replacement of a
distinctive feature, the new feature will match the old in design, color, texture,
and, where possible, materials.
7. Replacement of missing features from the restoration period will be
substantiated by documentary and physical evidence. A false sense of history
will not be created by adding conjectural features, features firom other
properties, or by combining features that never existed together historically.
8. Chemical or physical treatments, if appropriate, will be undertaken using the
gentlest means possible. Treatments that cause damage to historic materials will
not be used.
9. Archeological resources will be protected and preserved in place. If such
resources must be disturbed, mitigation measures will be undertaken.
10. Designs that were never executed historically will not be constructed.
12
Resolution 48-21 Page 15
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On July 27, 2021, before me, Deborah L. Padovan, Notary Public, personally appeared Kavita
Tankha, who proved to me on the basis of satisfactory evidence to be the person whose namCW
is ere subscribed to the within instrument and acknowledged to me that he/she/ executed the
same in /her/+eit authorized capacity(}, and that by hWher/theif signatures} on the
instrument the person, or the entity upon behalf of which the persons acted, executed the
instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
DEBORAH L. PADOVAN
Notary Public -California x
Santa Clara County 9:
Z
Commission M 2282419
My
Cam m. Expires Apr 19, 2023
Resolution 48-21 Page 16
CALIFORNIA. ALL-PURPOSE ACKNOWLEDMENT
§ 1189
CIVIL CODE
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF jOn+01 G l 0PCl
On_ 2021 before me, � �( i4 lun Fi n �q % i• , Notary
Public, ptr sonally appeared graot 7i?N 417et�r 1ao�, who
proved to me on the basis of satisfacto>t evidence to be the person(s) whose name(s) who
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person, or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
13
.� I6 a ah
CODY ALAN EINFALT
Notary Public - California
* - Santa Clara County
Commission # 2303595
Comm. Expires Aug 31, 2023
Resolution 48-21 Page 17
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL, CODE
§ 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF �000 &k1rq
On J �,� , 2021, before me, Cc� �-�c vl Ci4g1 , Notary
Public, personally appeared 5orah 1'(� I a6,-DeV who
proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person, or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
coo LAN EINFALT
d� Notary Public California
/Seal Z r Santa Clara County
Signature: ,----_...,_, .�w ( ) a Commission M 2303595
... oly Comm.
Expires Aug 31, 2023 M
14
Resolution 48-21 Page 18
as a true copy
i
By
RESOLUTION 48-21 City Clerk of the Tombf Los Altos Hills`
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF -LDS ALTOS HILLS.T__.
TO ENTER INTO A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT
(LANDS OF HAUSER)
WHEREAS, Bradley and Sarah Hauser, trustees of the Bradley and Sarah Hauser Living Trust
("Owners") own the property commonly known as 14700 Manuella Road, Los Altos Hills,
California (APN 175-03-009); and
WHEREAS, the Town of Los Altos Hills ("Town") has adopted a General Plan and, pursuant
thereto, encourages public and private efforts to preserve and enhance historic resources; and
WHEREAS, the Town adopted the Landmark Designation and Preservation Ordinance of the
Municipal Code (LAHMC 'Title 11) to establish a procedure for the designation and preservation
of historic landmarks within the Town; and
WHEREAS, on January 21, 2019, the City Council voted 5-0 to adopt Ordinance 579 malting
positive findings to designate the greenhouse, cottage, and grounds on the subject property as a
historic landmark; and
WHEREAS, the State of California enacted the Mills Act and related California Government
Code, Article 12, Sections 50280 — 50290 and California Revenue and Taxation Code, Article 1.9,
Section 439 — 439.4 allowing a legislative body of a city, county or city and county to contract
with private property owners to preserve qualified historical properties for a minimum of 10 years;
and
WHEREAS, the Owners are requesting to enter into an agreement with the Town for Historic
Property Preservation pursuant to the provisions of the Mills Act attached to this Resolution as
Attachment A ("Historic Property Preservation Agreement") to provide for the maintenance and
preservation of the designated historic structures; and
WHEREAS, the Town finds the Historic Property Preservation Agreement to be consistent with
the Town's General Plan and in the best interests of the Town; and
WHEREAS, the Historic Property Preservation Agreement contains the appropriate restrictions
and covenants to preserve the integrity of the designated historic structures; and
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
The Town hereby agrees to enter into the Historic Property Preservation Agreement attached to
this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the
Historic Property Preservation Agreement.
R$d6R1"6Rn44N 1 1Pa1e119
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los
Altos Hills at a special meeting held on the 22nd day of July 2021, by the following vote:
AYES: Tankha, Tyson, Mok, Swan
��.�►N=
ABSTAIN: None
ABSENT: Schmidt
ATTEST:
Deborah Padovan, City Clerk
BY:'c
RU$NkAWi4 4-Z11
Kavita Tankha, Mayor
PPgA