HomeMy WebLinkAboutDruAnn Joyce McCluskey - 2016-11-21Dept. ID AD-16-030 Page 1 of 2
Meeting Date: 11/21/2016
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 11/21/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
SUBJECT: Approve, authorize execution and recordation of a Mills Act Agreement between
the City and Dru Ann Joyce McCluskey for the purpose of providing property tax
relief for owners of qualified properties who wish to use the savings to
preserve/repair their historic property (912 10th Street)
Statement of Issue:
On November 3, 2014, the City Council adopted
Program. The Mills Act Program provides eco
historic buildings. Applications are accepted be
submitted for review and approval in 2016.
Financial Impact:
Negligible amount of property tax loss.
Resolution No. 2104-82 establishing the Mills Act
omic incentive to encourage the preservation of
ween January and March of each year; one was
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the "Historic Property Preservation
Agreement Containing Covenants, Conditions, and Restrictions Affecting Real Property By and
Between the City of Huntington Beach and Dru Ann Joyce McCluskey for the Real Property
Located at 912 10th Street Within the City of Huntington Beach (Mills Act Contract);" and,
B) Direct the City Clerk to record the applicable documents with the County of Orange Recorder's
Office.
Alternative Action(s):
Do not approve and direct staff how to proceed.
Analysis:
In 1972, the State of California enacted California Government Code Article 12, Section 50280,
more commonly known as the "Mills Act." The Mills Act was enacted as an economic incentive
program to encourage the preservation of historic buildings. This legislation provides property tax
relief for owners of qualified historic properties who contract with the local government to abide by
reasonable preservation requirements. The agreement between the property owner and the City
allows the property to be assessed using a different methodology, which results in a reduction of
property taxes paid by the property owner. Over one hundred (100) cities throughout California
have adopted Mills Act programs, including nine (9) in Orange County. The program is strictly
voluntary and does not have any impact on those historic property owners who do not wish to
participate.
f 1B -421- Item 10. - 1
Dept. ID AD-16-030 Page 2 of 2
Meeting Date: 11/21/2016
The Mills Act requires property owners to enter into a ten (10) year agreement with the City.
Property owners may save 50 percent or more on their property tax bill as determined by the
County Assessor. The savings must be used toward renovation and maintenance. The City will
lose sixteen (16) percent of the property tax savings realized by the property owner. The County
Assessor's Office calculates the actual savings by determining certain key elements. Commercial
and residential properties are calculated differently. Factors include:
• Gross Income — Fair Rental Value
• Maintenance Costs
• Interest Rate as determined annually by the State Board of Equalization
• Risk — set by Mills Act Statute (4 percent residential and 2 percent commercial)
• Amortization Rate
On November 3, 2014, the City Council adopted Resolution No. 2014-82 establishing a Mills Act
Program in Huntington Beach. A summary of the program is provided below:
Up to ten (1) eligible applications will be accepted each year between January 1 and March
31, on a first -come -first -served basis and submitted to the City Council for approval.
Approved agreements will be filed with the County by December 31 in order to meet the
property tax deadlines for a tax reduction in the following year.
Eligibility will be limited to the 260 properties identified in the Draft Huntington Beach
Historic Context and Survey Report or any Federal or State official register of historically
significant sites, places, and landmarks.
The application fee of $500 (as established in the Master Fee Resolution) will be paid at the
time of application and, if for any reason an agreement is not entered into, a portion of the
fee will be refunded based on the amount of staff time spent on the application to that point.
In addition to approving the Resolution establishing the Program, the City Council also approved
the template of the ten-year "Historic Property Preservation Agreement" between the City and
property owners who wish to participate in the program. The agreement specifies the standards
required for property improvement, required inspections of the work by the City, provisions for
annual compliance, and remedies for breach of such agreement.
One application was submitted during the application period (January through March 2016). The
application has been approved by the Community Development Department. As such, the Historic
Property Agreement between the City and the property owner is presented to City Council for
approval. Once approved, this agreement will be filed with the County of Orange Tax Assessor's
Office no later than December 31, 2016, in order for the property owner to receive the property tax
reduction in 2017. As required in the agreement, the property owner will be responsible to furnish
any information the City deems necessary to determine ongoing compliance with the terms and
provisions of the agreement.
Environmental Status:
The Mills Act Program is not subject to the California Environmental Quality Act pursuant to Section
15061 (b) (3) because it can be seen with certainty that there is no possibility that it will have a
significant effect on the environment.
Strategic Plan Goal: Improve quality of life
Attachment(s):
1. Historic Preservation Agreement Containing Covenants, Conditions, and Restrictions Affecting Real
Property By and Between the City of Huntington Beach and Dru Ann Joyce McCluskey for the Real
Property Located at 912 10th Street within the City of Huntington Beach, California 92648.
Item 10. - 2 HB -422-
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Huntington Beach
City Clerk's 'Department
2000 Main Street - 2nd Floor
Huntington Beach, CA 92648
TITLE OF DOCUMENT:
Historic Property Preservation Agreement
Containing Covenants, Conditions and
Restrictions Affecting Real Property
By and Between the City of Huntington Beach
and Druann Joyce McClusky for the Real
Property Located at 912 loth Street,
Within the City of Huntington Beach
("Mills Act Contract")
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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This doaxnent is solely for the official
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Goverrunent Code Sec. 6103 snd
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING. INFORMATION
(Additional recording fee applies)
HISTORIC PROPERTY PRESERVATION AGREEMENT CONTAINING
COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND
DRUANN JOYCE McCLUSKY FOR THE REAL PROPERTY LOCATED
AT 912 loth STREET, WITHIN THE CITY OF HUNTINGTON BEACH
("MILLS ACT CONTRACT")
THIS AGREEMENT is made this _� day of /�� yEr'Jp , 20/j6 , by
and between the City of Huntington Beach, a municipal corporation ("City") and DruAnn Joyce
McCluskey ("Owner")
WHEREAS, California Government Code Section 50280, et. seq. allows cities the
discretion to enter into contracts with the owners of qualified historic properties, as that term is
defined in Government Code Section 50280.1, for the purpose of providing for the use,
maintenance, protection, and restoration of such historic property so as to retain its
characteristics as property of historic significance; and
Owner holds fee title in and to that certain real property, together with associated
structures and improvements thereon, generally located at the street address 912 1 oth Street,
Huntington Beach, California ("Historic Property"). A legal description of the Historic Property
is attached hereto as Exhibit "A" and incorporated herein by this reference; and
By approving this Agreement, the City Council hereby designates the Historic Property
as a Qualified Historic Property as defined by Resolution 2014-82, Section 5; and
City and Owner desire to enter into this Agreement for the purpose of protecting and
preserving the characteristics of historical significance of the Historic Property that help provide
the community with its own unique civic identity and character; and
Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to
qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of
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chapter 3, Part, 2, of Division 1 of the California Revenue and Taxation Code, and any
corresponding adjustment in property taxes resulting therefrom,
NOW, THEREFORE, the City and Owner in consideration of mutual covenants and
conditions set forth herein, do hereby agree as follows:
EFFECTIVE DATE AND TERM OF AGRE
This Agreement shall be effective and commence on
20—A� ("Effective Date") and shall remain in effect for a minimum initial term of ten (10) years
thereafter unless canceled by the City pursuant to Section 8 or 9 of this Agreement.
2. RENEWAL. Upon each anniversary date, beginning at the end of the initial ten
year term ("Renewal Date"), an additional one (1) year shall automatically be added to the term
of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this
Agreement.
3. NONRENEWAL.
If either the Owner or City desires in any year not to renew this Agreement,
Owner or City shall serve a written notice of nonrenewal upon the other party in advance of the
Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if
served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by
City upon Owner, the Notice of Nonrenewal shall be effective only if served upon Owner at least
sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal
in any year, this Agreement shall remain in effect for the balance of the term then remaining.
City shall notify the County of Orange of any nonrenewal of this Agreement.
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4. OWNER PROTEST OF CITY NONRENEWAL.
Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from
City, Owner may file with City a written protest of the Notice of Nonrenewal. Upon receipt of
the written protest, the City Council shall set a hearing "prior to the expiration of the Renewal
Date of this Agreement. Owner may furnish the City Council with any information which
Owner deems relevant and shall furnish the City Council with any information it may require.
The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of
Nonrenewal.
STANDARDS FOR HISTORICAL PROPERTY.
During the term of this Agreement, the Historic Property shall be subject to the
following conditions, requirements, and restrictions:
A. Owner shall preserve and maintain the characteristics of the cultural
and historical significance of the Historic Property. Compliance or non-compliance with this
section shall be determined by the Director of Planning and Building or his/her designee. In
addition, Owner shall obtain any applicable permits necessary to protect, preserve, restore, and
rehabilitate the Historic Property so as to maintain its historical and cultural significance.
B. Owner, when necessary as determined by the City, shall restore and
rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation
(http://ohp.parks.ca.gov/?page_id=21410), the United States Secretary of the Interior's Standards
for the Treatment of Historic Properties
(http://www.nps.gov/tps/standards/rehabilitation.htm#Guidelines), and the State Historical
Building Code. The condition of the exterior of the Historic Property on the effective date of this
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Agreement is documented in photographs attached as Exhibit "B" and incorporated herein by
this reference. The Owner shall continually maintain the exterior of the Historic Property in the
same or better condition as documented in Exhibit `B."
C. Owner shall carry out specific restoration, repair, maintenance, and/or
rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "C," which is
incorporated herein by this reference. All such projects shall be undertaken and completed in
keeping with the historic nature of the property. Projects may be interior or exterior, but must
utilize all property tax savings over the ten (10) year contract period or according to the schedule
for Exhibit "C." Each year during the term of this Agreement, Owner shall submit a work plan
for implementation of the items listed on Exhibit "C" to City's Director of Planning and Building
for possible modifications, review and approval.
D. Property Tax relief afforded to Owner pursuant to Chapter 3, Part 2 of
Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange
County Assessor. City makes no representations regarding the actual tax savings any person may
realize by entering into this Agreement.
6. INSPECTIONS.
Upon reasonable advance notice and at Owner's expense, Owner shall allow an
initial inspection and second year inspection by City inspectors of the City. Additionally, Owner
shall allow reasonable periodic examinations, specific to where the work is being performed, of
the interior and exterior of the Historic Property by representatives of the County Assessor, the
State Department of Parks and Recreation, the State Board of Equalization and/or City, as may
be necessary to determine Owner's compliance with the terms and provisions of this Agreement.
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Owner shall give priority to, and shall promptly abate, any city or state code violations related to
zoning, health or safety issues.
7. PROVISIONS OF INFORMATION OF COMPLIANCE; YEARLY
ADMINISTRATIVE FEE.
Owner hereby agrees to furnish City with any and all information requested by
City, which City deems necessary or advisable to determine eligibility of the Historic Property
and compliance with the terms and provisions of this Agreement. Requested information may
include, but not be limited to, required annual reports, as well as receipts documenting property
maintenance and/or improvement expenditures that equal or exceed annual estimated property
tax savings. Owner shall also pay City a yearly administrative fee as outlined in City's Master
Fee Resolution.
8. BREACH OF AGREEMENT: REMEDIES.
A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision
of this Agreement, City may give written notice to Owner by registered or certified mail
detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of
City within thirty (30) days after the date of notice of violation, or within such a reasonable time
as may be required to cure the violation (provided the acts to cure the violation are commenced
within thirty (30) days and thereafter diligently pursued to completion), the City may, without
further notice, declare Owner to be in breach of this Agreement. Upon City's declaration of
Owner's breach, City may pursue any remedy available under local, state, or federal law,
including those specifically provided for in this section.
B. Remedy - Cancellation. City may cancel this Agreement if City
determines, following a duly noticed public hearing in accordance with Government Code
section 50285, that Owner breached any of the conditions of the Agreement, Owner allowed the
16-5520/147025/MV
Historic Property to deteriorate to the point that it no longer meets the standards for a qualified
historic property, or Owner failed to restore or rehabilitate the Historic Property in accordance
with the terms of this Agreement as per Government Code 50284. If this Agreement is
cancelled, under this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor
for the County of Orange as required by Government Code section 50286. The cancellation fee
will be equal to 12 '/2 percent of the current fair market value of the property as determined by
the county assessor as though the property were free of the contractual restriction.
C. Alternative Remedies. As an alternative to cancellation of this Agreement
for Owner's breach of any condition, City may bring an action in court necessary to enforce this
Agreement including, but not limited to, an action to enforce this Agreement by specific
performance, injunction, or receivership.
9. DESTRUCTION OF PROPERTY: EMINENT DOMAIN.
If the Historic Property is destroyed by earthquake, fire, flood, or other natural
disaster such that in the opinion of the City Building Official more than sixty percent (60%) of
the original fabric of the structure must be replaced, this Agreement shall be cancelled because
the historic value of the structure will have been destroyed. If the Historic Property is acquired
in whole or in part by eminent domain or other acquisition by any entity authorized to exercise
the power of eminent domain, and the acquisition is determined by the Mayor and City Council
to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation
fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled
pursuant to this Section.
16-5520/147025/MV
10. WAIVER.
City does not waive any claim of default by Owner if City does not enforce or
cancel this Agreement. All other remedies at law or in equity which are not otherwise provided
for in this Agreement or in City's regulations governing historic properties are available to the
City to pursue in the event that there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other subsequent
breach thereof or default hereunder.
11. BINDING EFFECT OF AGREEMENT.
Owner hereby subjects the Historic Property to the covenants, conditions, and
restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that
the covenants, conditions, and restrictions set forth herein shall be deemed covenants running
with the land and shall inure'to and be binding upon Owner's 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 executed, delivered and accepted subject to the covenants, reservations and
restrictions set forth herein.
12. COVENANTS RUN WITH THE LAND.
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
they restrict development of the Historic Property. 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 cultural and historical characteristics and
significance of the Historic Property for the benefit of the public and the Owner.
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13. NOTICE.
Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may be later
specified by the parties hereto:
City: City of Huntington Beach
City Manager's Office
2000 Main Street
Huntington Beach, CA 92648
Owner: DruAnn Joyce McCluskey
912 loth Street
Huntington Beach, CA 92648
14. EFFECT OF AGREEMENT.
None of the terms, provisions or conditions of this Agreement shall be deemed to
create a partnership between the parties hereto and any of their heirs, successors or assigns; nor
shall such terms, provisions or conditions cause the parties to be considered joint venturers or
members of any joint enterprise.
15. INDEMNITY OF CITY.
Owner shall defend, indemnify, and hold harmless City and its elected officials,
officers, agents and employees from any actual or.alleged claims, demands causes of action,
liability, loss, damage, or injury to property or persons, including wrongful death, whether
imposed by a court of law or by administrative action of any federal, state or local governmental
agency, arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the
Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee,
invitee, or any other person; (ii) Owner's activities in connection with the Historic Property, or
from the enforcement of this Agreement. This indemnification includes, without limitation, the
16-5520/147025/MV
payment of all penalties, fines, judgments, awards, decrees, attorneys' fees and related costs or
expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all
attorney's fees, legal expenses and costs incurred by each of them. The costs, salaries and
expenses of the City Attorney and members of his/her office in enforcing this Agreement on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph.
Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this
Agreement and shall not be restricted to insurance proceeds, if any received by City, its elected
officials, employees, or agents.
16. BINDING UPON SUCCESSORS.
All of the agreements, rights, obligations, covenants, reservations, and restrictions
contained in this Agreement 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 Property, whether by operation of law or in any manner whatsoever.
17. ATTORNEYS' FEES AND LEGAL COSTS.
In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, conditions or restrictions contained herein, or to
determine the rights and duties of any party hereunder, each party shall bear its own attorneys'
fees and legal costs, and the prevailing parting in such proceeding shall not be entitled to recover
its attorneys' fees and legal costs from the non -prevailing party.
18. SEVERABILITY.
In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
16-5520/147025/MV
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
19. RECORDATION.
No later than twenty (20) days after the Effective Date, City shall cause this
Agreement to be recorded in the office of the County Recorder of the County of Orange. Owner
shall provide written notice of the contract to the State Office of Historic Preservation within six
(6) months of entering into the contract.
20. AMENDMENTS.
This Agreement may be amended, in whole or in part, only by written recorded
instrument executed by the parties hereto.
21. GOVERNING LAW AND VENUE.
This Agreement shall be construed and governed in accordance with the laws of
the State of California. Any action at law or in equity brought by either of the parties hereto for
the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court
of competent jurisdiction in the County of Orange, State of California, and the parties hereby
waive all provisions of law providing for a change of venue in such proceedings to any other
county.
22. REOUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY.
In the event of any sale, transfer, assignment or conveyance of the Historic
Property (herein referred to as a "Transfer"), the Owner agrees that, at least thirty (30) days prior
to such Transfer, it shall give written notice to the City of such proposed Transfer, including the
name(s) of the transferee(s). In addition, the Owner and the proposed transferee(s) shall enter
into and deliver to City through the escrow for the Transfer of the Historic Property an
10
16-5520/147025/MV
assignment and assumption agreement in a form satisfactory to the City Attorney of City or other
such evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the
Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and
the assumption of the obligations hereunder by the transferee(s), the Owner's liability for
performance shall be terminated as to any obligation to be performed hereunder after the date of
such Transfer.
23. ENTIRETY.
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this Agreement. This Agreement, and the attached
exhibits, contain the entire agreement between the parties respecting the subject matter of this
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
REST OF PAGE INTENTIONALLY LEFT BLANK
11
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IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day
and year first above written.
OWNER: CITY OF HUNTINGTON BEACH,
a California muno palco
DruAnn Joyce McCluskey
912 101h Street
M...
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6aqvr
Huntington Be//ac4, �
D uAnn oyce McCluskey City Clerk
a
APPROVED FO
Cit Attorney plr�1
INI-T-4ATE15 AI' D APPROVED:
Assistant City Manager I
REVIEW r APPROVED:
City eager
Attachments
Exhibit A: Legal Description of the Property
Exhibit B: Photographs of the Property
Exhibit C: Proposed Restoration, Repair, Maintenance or Rehabilitation Projects on Historic
Property
12
16-55201147025/MV
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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
On 20/6 before me, r - � 5/0 7�4
Date /► Here Insert Name and Title of the Officer
personally appeared 00 y(�,5 M &=USeL,5:y
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name($) &are•
subscribed to the within instrument and acknowledged to me that- sheithey executed the same in
h' � erftbeir authorized capacity(ies), and that by-N e'r heir signatureo) on the instrument the person s)',
or the entity upon behalf of which the person 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.
P. L. ESPARZA
Commission # 2032750
arox
Notary Public • California > Signature
zZOrange County Signature of Notary Puvc
My Comm. Expires Aug 4, 2017
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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.
ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
On November 21, 2016 before me, P. L. Esparza, Notary Public, personally
appeared Robin Estanislau and Jim Katapodis who proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons 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.
(Notary Signattfre)
P. L. ESPARZA
Commission # 2032750
Z Notary Public - California z
ZOrange County D
My Comm. Expires Aug 4, 2017
(Seal)
File No: 215251689
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 26 AND 27 IN BLOCK 805 OF THE WESLEY PARK SECTION OF HUNTINGTON BEACH, IN THE
CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP THEREOF RECORDED IN BOOK 4, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
ASSESSOR'S PARCEL NUMBER: 024-081-08
Exhibit "A"
GOVERNMENT CODE 2736.17
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: D. LANE
DATE OF COMMISSION EXPIRES: OCTOBER 15, 2015
COUNTY WHERE BOND IS FILED: ORANGE COUNTY
COMMISSION NO.: 1956570
MANUFACTURERJVENDOR,: VSIl
DATE OF EXECUTION JUNE 23, 2015
SIGNATURE:.
PLACE OF EXECUTION: IRVINE, CA
LAWYERS TITLE COMPANY
Exhibit "A"
RECORDING REQUESTED BY
LAWYERS TITLE
RECORDING Rr.Qt'FSI'rI) BY:
G"Waff4+1"t"-
Order No. 215251689
Escrow No. 1 S-0418-1)L
Parcel No. 024-081-08
AiNt) 11'I11EN ItF.0011DED MAIL. TO.
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912 loth Street
Huntington Beach, Ca 92648
Recorded In Official Records, Orange County
Hugh Nj uyen, Clerk -Recorder
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❑ computed on full valueless liens or encumbrances remaining at the tine of sale.
❑ unincorporated area: K fluntin,loo Retch. and
FORA VALUABLE CONSIDERATION. receipt of which is hereby acknowledged.
lillssell.!. Lc•cts(Itte, a single roan who acquired title as a single person
hereby GRANTS) to Dru:vto AicC'luske}, an unmarried woman.
the following described real property in the County of Orange. State of California:
Exact legal description as per exhibit "A" attached hereto and made a part hereof.
More commonly koown as: 912 1001 Street. Hunlintiion Reach, CA 92645
Date '.%larch, 2 . 2015
Russ J. s t
FA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this eertilicate is attached. and not the truthfulness. accuracy. or validity of that document.
STATE OF CALj);ORNIA�
COI INTY OF ��I< S.S. q,, �,�,, j%
(b• 4-21 •-15 , before nic. Illy "`0; Wm I U.� (L _
,)ersunnlls" appeared Russell .). i rs"cs-11 who proved to me on the basis of sati actory evidence to be the c)� rson(s) whose
names) dare subscribed to (lie within instrument and acknoweedged to me that he/she/they executed the sane in I'herhlicir
authorii-ed cnpacitr•(ies), and that by his/berilheir sienature(s) on the instrunicnt lthe persou(s), or the entity upon behalf' aI'
which Iha persons acted, executed the tnstrunlcnt. '�'~
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
con)ccl. Z--,\ _
W I1'NESS m_ I )d and o ic'(rI cal.
D. LAHE
Signatur (Se Cp11u.i 1V65It)
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Exhibit "C"
PRESERVATION WORK PROGRAM AND PROPOSED TIME LINE
Please list the improvements to take place over the next ten years in order of priority. Listed
work should be limited to stabilization and/or maintenance of the historic structure and/or repair
of exterior, character -defining features of the historic property. State the anticipated costs of the
improvements, including but not limited to materials, labor, permits, and fees. Anticipated
construction must be equal or greater than tax savings. Attach additional pages as needed to
complete the information below.
Year
Proposed Proiect
Estimated Cost
1.�01
l�j� face nA_U`bj
srelne Wuck_
44St�o�
2. yv t�
e. _f 1- 4t_
n i 1 1i 2 .7
A, O 1
3.
cci L, r YN_ty S e U ,rt 41:WrG 0
4.
Y-; o a
5.
6.
rt�e to w\Lt)4a-
nc-k�n 1� yi �l� 5 1d s4� � tt�cl�
Yi r1
7.
�i1SvfPr��.- 1 SS+tieS . � j^�flY�- e5'L
Y_htt ins �r�M �D - SUi 000
1.}e
8.
Aloe 3 -r t - —} i "71,
9.
10.
Estimated Ten Year Total Costs
5 0 p 0 O
Please note the estimated cost of proposed restoration and maintenance activities must be
equal or greater than the estimated reduction in property taxes.
.GCT-0
J
Exhibit "C"
MILLS ACT PROGRAM LIST OF ACCEPTABLE IMPROVEMENTS
Improvements eligible for inclusion in this contract may include, but are not limited to the
following:
➢ Access modifications - Exterior
➢ Access modifications - Interior
➢ Accessory Structure - Repair or Replace with Historically Accurate Structure
➢ Annual Maintenance and Repairs
➢ Appliance Ventilation
➢ Architectural Detail - Remove Non -historic Features and Restore to Original
➢ Architectural Trim - Repair or Replace with Historically Accurate
➢ Balcony/Decks - Install New Railings to Code
➢ Balcony/Decks - Repair or Replace with Historically Accurate
➢ Chimney- Inspect and clean
➢ Chimney - Repair or Rebuild with Historically Accurate
➢ Code Compliance Repairs
➢ Column - Repair, Rebuild, or Replace with Historically Accurate
➢ Corbels/Structural Brackets - Repair or Replace with Historically Accurate
➢ Door/Entry - Repair or Replace with Historically Accurate
➢ Door/Hardware - Repair or Replace with Historically Accurate
➢ Door/Screen - Repair or Replace with Historically Accurate
➢ Drain for Deck - Repair, Replace, or New Installation
➢ Dry Rot - Remove, Repair, or Replace Structural or Architectural Element with
Historically Accurate
➢ Eaves and Overhangs - Repair or Replace with Historically Accurate
➢ Electrical - Install Ground and Service Entry
➢ Electrical - Install New Circuits
➢ Electrical - Install New Service Lines to Garage
➢ Electrical - Rewire and Upgrade Service
➢ Electrical Fixtures - Repair or Replace with Historically Compatible
➢ Electrical Outlets - Repair, Replace, or Install New
➢ Flashing - Repair or Replace
➢ Foundation - Perform Bolting and Seismic Work
Foundation - Repair, Rebuild, or Replace with Historically Accurate