HomeMy WebLinkAbout053-04RESOLUTION NO. 53-2004
APPROVING A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT WITH THE OWNERS OF THE "VECKI HOUSE" LOCATED AT
169 FRONT STREET (APN: 208-022-023)
WHEREAS, 169 Front Street LLC, the owners of the subject property, have requested
approval of a Mills Act Historic Property Preservation Agreement for the "Vecki
House"; and
WHEREAS, the subject site is located at 169 Front Street and is further identified as
Assessor's Parcel Number 208-022-023; and
WHEREAS, the Danville Town Council approved the "Vecki House" Heritage
Resource designation on March 20, 2001; and
WHEREAS, the Mills Act was established by the State of California as an incentive for
property owners to preserve historic properties by means of reducing property taxes;
and
WHEREAS, on February 19, 2002, the Danville Town Council approved the Incentive
Package to include the owners' participation in a Mills Act Historic Property
Preservation Agreement to potentially reduce property taxes; and
WHEREAS, the Mills Act Historic Property Preservation Agreement is attached hereto
and marked as Attachment "B';
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted to the Town Council recommending that the
Mills Act Historic Property Preservation Agreement be approved; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Town Council of the Town of Danville hereby approves the Mills
Act Historic Property Preservation Agreement and finds that:
1. The existing historic structure on the site was built in 1866;
o
The structure's unique style of architecture is reflective of the era in which it
was built and is the only remaining structure of that time period that still
remains in the downtown area;
o
The structure represents a use that was once common, but is now rare
because the first floor of the building was where Danville's first dentist
operated his practice and the second floor was where his family lived;
o
The residence/business was located along the County Road, which was
Danville's first "main street" (now Front Street). This location represents how
the community has evolved and developed over time, and how the Town's
"main street" has moved from Front Street to Hartz Avenue;
o
The structure has been and would be maintained in a manner consistent with
the Town's Heritage Resource Design Guidelines and Danville Municipal
Code Section 32-72;
The negligible minor fiscal impact resulting from a reduction of property
taxes collected by the Town is outweighed by the public benefit of preserving
the "Vecki House"; and be it
FURTHER RESOLVED, that the Danville Town Council hereby authorizes the Town
Manager to make amendments to the Mills Act Historic Property Preservation
Agreement with 169 Front Street LLC in the form as lodged with the City Attorney,
together with such changes as may hereafter become necessary, provided such changes
do not materially increase the obligations of the Town thereunder.
APPROVED by the Danville Town Council at a regular meeting on May 18, 2004 by the
following vote:
AYES: Arner±eh,
NOES: None
ABSTAIN:None
ABSENT: None
Doyle, Andersen,
Shimansky, Stepper
MA¥-O~ --.r./,-
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 53-2004
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
1111111 III I III II 111111 III 111111 I1II I llll I I11II1 II
CONTR~ COST~ Co Recorder Offlce
STEPHEN L. WEIR I Clerk-Recorder 00
DOC- 2004-0286688-
\\
Town of Danville
Planning Division
510 La Gonda Way
Danville, CA 94526
Attention: Catarina Kidd
Cheek Number
Monday, JUL 26,
FRE $0.00
Hi Pd $0.00
2004 10:39:13
Nbr-0002256628
ENS/R4/1-11
SEND ANOTHER COPY TO: 169 Front Street, LLC
9000 Crow Canyon Rd., Suite S PMB349
Danville, CA 94506-1175
ATTACHMENT B OF RESOLUTION NO. 53-2004
TOWN OF DANVILLE
MILLS ACT
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 18th day of May, 2004, by and
between the Town of Danville, a municipal corporation (hereinafter referred to as the
"Town") and 169 Front Street, LLC (hereinafter referred to as the "Owner").
WIT N E SSE T H:
A. Recitals.
(i) California Government Code Section 50280, et. seq. authorizes cities to enter
into contracts with the owners of a "qualified historical property" to provide for the use,
maintenance and restoration of such historical property so as to retain its characteristics as
property of historical significance;
(ii) Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, commonly mown as the "Vecki House"
and generally located at the street address as 169 Front Street Avenue, Danville, Californa,
94526, Assessor's Parcel Number: 208-022-023 (hereinafter such property shall be referred
to as the "Historic Property"). A legal description of the Historic Property is attached hereto,
marked as Exhibit "A" and is incorporated herein by this reference;
(iii) On March 20, 2001 the Town Council of the Town of Dariville adopted its
Resolution No. 23-2001 thereby declaring and designating the Historic Property as a
Heritage Resource pursuant to the terms of Danville Municipal Code Section 32-72;
1
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286688
(iv) Town and Owner, for their mutual benefit, now desire to enter into this
agreement both to protect and preserve the characteristic of historical significance of the
Historic Property and to qualify the Historic Property for an assessment of valuation pursuant
to the Provisions of Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation
code.
B. A2reement.
NOW, THEREFORE, Town and Owner, in consideration of the mutual covenant 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 May 18, 2004, 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. Each year on the anniversary of the effective date of this Agreement
(hereinafter referred to as the "renewal date"), a year shall automatically b~ added to the
initial terms of this Agreement unless notice of non-renewal is mailed as provided herein and
in accordance with Government Code Section.50282. If either Owner or Town desires in
any year not to renew the Agreement, Owner or Town shall serve written notice of non-
renewal of the Agreement on the other party in advance of the annual renewal date of the
Agreement.
3. 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 historical
significance of the Historic Property pursuant to the terms of Danville Municipal Code
Section 32-72.
b. Owner shall allow reasonable periodic examinations, by prior
appointment, of the exterior of the Historic Property by representatives of the County
Assessor, State Department of Parks and Recreation, State Board of Equalization and Town,
as may be necessary to determine owner's compliance with the terms and provisions of this
Agreement.
4. Provision of Information to Town. Owner hereby agrees to furnish Town with
any and all information. requested by the Town which may be necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
5. Cancellation. Town, following a duly noticed public hearing as set forth in
California Government Code Sections 50280, et. seq., may cancel this Agreement if it
determines that Owner breached any of the conditions of this Agreement or has allowed the
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property to deteriorate to the point that it no longer meets the standards for a qualified
historic property. 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 subparagraph 3(b) of
this Agreement. In the event of cancellation, Owner may be subject to payment of those
cancellation fees set forth in California Government Code Sections 50280, et. seq.
6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to
cancel the Agreement as referenced herein, Town may specifically enforce, or enjoin the
breach of, the terms of this Agreement. In the event of a default under the provisions of this
Agreement by Owner, Town shall give written notice to Owner by registered or certified
mail addressed to the address stated in this Agreement, and if such a violation is not
corrected to the reasonable satisfaction of the Town within thirty (30) days thereafter, or if
not corrected within such reasonable time as may be required to cure the breach or default if
said breach or default cannot be cured within thirty (30) days (provided that acts to cure the
breach of default must be commenced within thirty (30) days and must thereafter be
diligently pursued to completion by Owner), then Town may, without further notice, declare
a default under the terms of this Agreement and may bring any action necessary to
specifically enforce the obligations of Owner growing out of the terms of this Agreement,
including but not limited to an application to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate.
Town does not waive any claim of default by Owner if Town 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 Town's regulations governing historic properties are
available to the Town to pursue in the event that there is a breach of this Agreement. No
waiver by Town of any breach or default under this Agreement shall be deemed to be a
waiver of any other subsequent breach thereof or default hereinunder.
7. Binding Effect of Agreement. The Owner hereby subjects the Historic
Property described in Exhibit "A" hereto to the covenants, reservations and restrictions as set
forth in this Agreement. Town and Owner 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 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 hereof,
shall conclusively be held to have. been executed, delivered and accepted subject to the
covenants, reservations and restrictions expressed in this Agreement regardless of whether
such covenants, reservations and restrictions are set forth in such contract, deed or other
instrument.
Town and Owner hereby declare their understanding and intent that the burden
of the covenants, reservations and restrictions set forth herein touch and concern the land in
that Owner's legal interestin the Historic Property is rendered less valuable thereby. Town
and Owner hereby further declare their understanding and intent that the benefit of such
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covenants, reservations and restnctIOns 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 Owner.
8. 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.
To Town:
Town of Dan vi lIe
510 La Gonda Way
Danville, CA 94526
Attention: Heritage Resource Commission Staff
To Owners:
169 Front Street, LLC
9000 Crow Canyon Rd., Suite S PMB349
Danville, CA 94506-1175
9. General Provision.
a. 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 them to be considered joint
venturers or members of any joint enterprise.
b. Owner agrees to and shall hold Town and its elected officials, officers,
agents and employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from the direct or
indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee
or other person acting on his behalf which relate to the use, operation and maintenance of the
Historic Property. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations referred to in
this Agreement regardless of whether or not the Town prepared, supplied or approved the
plans, specifications or other document for the Historic Property.
c. All of the agreements rights, covenants, reservations and restrictions
contained in this Agreement shall be binding upon and shall endure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns herein, persons acquiring
any part or portions of the Historic Property, whether by operation of law or in any manner
whatsoever.
d. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions contained
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herein, or to determine the rights and duties of any party hereunder, the prevailing party in
such proceeding may recover all reasonable attorney's fees to be fixed by the court, in
additions to court costs and other relief ordered by the court.
e. 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
legislation, the validity and enforceability of the remaining provisions, or portions thereof,
shall not be affected thereby.
f. This Agreement shall be construed and governed in accordance with
the laws of the State of California.
10. Recordation. No later than twenty (20) days after the parties execute and enter
into this Agreement, the Owner shall cause this Agreement to be recorded in the Office of
the County Recorder of the County of Contra Costa.
11. Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
IN WITNESS WHEREOF, Town and Owner have executed this Agreement on May
18,2004.
TOWN OF DANVILLE
1/to/lJt!
, .
Dated: .
:fb0;i{ By '7~ft $-~
Owner
Dated:
Dated:
By
Owner
Dated:
By
Owner
Dated:
By
Owner
APPROVED AS TO FORM:
.~i~
City Attorney
5
286688
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
County of rDrltvo.. Or)~~ ss.
Date
Ov+hl)Y-
,1>0
\\L
~
On -, - r;:o ~ C)col./
personally appeared 1\ YY\
before me,
o personally known to me
~ proved to me on the basis of satisfactory
evidence
J.-.-..-..-..-..-..-..-.-..-.........
RAVlEE A. GlASSER
_ Commission # 1429815 ~
i .,,; Notary Public. California ~
j Contra Costa County f
MyComm. ExpIresJu/ 11. 2007
-.....---------......-......---......
to be the person(s) whose name(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(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: rn \ \ \~ Ac+
Document Date: 5 - I ?.., ~ dOJY
Signer(s) Other Than Named Above: :)C'f::::e 9Yl
Number of Pages:
CC^-\CAbY"~n
UJ
Capacity(ies) Claimed by Signer
Signer's Name: --r\ \"'Y\ Y::~YY-W\\)y ~~'\ lL \anrl~
o Individual Top of thumb here
~Corporate Officer - Title(s): 1'/frt.'TJVtal
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing: \ ~5)C\ 0 orr\- ~V~ -t J I J _ c.. .
@ 1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org
Prod. No. 5907
Reorder: Cail Toil-Free 1-800-876-6827
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
286688
County of
C~mtra Costa
}oo
State of California
On
7/20/04
before me,
Rochelle A. Flotten, Notary Public
Date
Name and TItle of Officer (e.g., "Jane Doe, NotaiY Public")
personally appeared
JOSEPH A. CALABRIGO
Name(s) of Signer(s)
~personally known to me
o proved to me on the basis of satisfactory
evidence
~_~~~~~ALAL~__ALI
ROCHELLE A. FlOTTEN
_ Commission # 1354163 z
~ Notary Public - California ~
z -
i Con tra C, osta C, ounty 1
MyComm. Expires May26.~
..~__--.--~~.......__../J.............
to be the personK-whose name~are
subscribed to the within instrument and
acknowledged to me U~/she/they executed
the same in ~her/their authorized
capacity~, and that by ~her/their
signature~~>n the instrument the personW, or
the entity upon behalf of which the perso~)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Historic Property Preservation Agreement
Document Date:
5/18/04
5
Number of Pages:
Signer(s) Other Than Named Above:
Tim Arthur Williams
Capacity(ies) Claimed by Signer
Signer's Name: Joseph A. Calabrigo
.
Top of thumb here
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
:lQ} Other: Town Manager
Signer Is Representing:
Town of Danville
@1999National NotaiY Association' 9350 De SotoAve., P.O. Box 2402' Chatsworth, CA 91313-2402' www.nationalnotaiY.org
Prod. No. 5907
Reorder: Call Toll-Free 1 -800-876-6827
07 01 03:15p
Tim Williams
S25~736-3S72 2S6688p.2
~'''''~~'~-atr$~~c1.;.~~r~~-&yih.~~~~~~~~~
RECORDING REQUESTED BY
"~6i:l~~~~~\~~~M~;oT~D' UNLESS OTHERWISE
Name ,: , I YI\. \,:.;, \ \~ ~ms.
SlreetC, Cc c (Jbl~~ ("u. :-''1e.\ ~d
Address ~\. 1 t r..-: :). {~rnt.;:~ '-l ~
Oty & -~, __ . H' (..i (4; ~ ~.c (;
Slate .!.;t...\ ->/ I . ~. ,.
Zip
llUe Order No. Esaow No.
-1~Brt-A-t
T 355 leg;)1 (2-94)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
THE UNDERSIGNEDGRANTOR(s) DECLAAE(s) Pro.portion<;ll interests remain the s~me.
DOCUMENTARYTRANSFERTAXIS$ 0 Ex~lt1dp-dtlnd~r Rp-v.& T~ Code U 11925(d)
0--"- unincorporated area I xl City of Danville and 62(a)(2).
Parcel No.
o computed on full vallie of interest qr property conveyed, or
o Computed on full value less value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLECONSIDERATION, receipt of which is hereby acknowl~ged, Pearson & Williams I.
LLC
hereby GRANT(S)to 16.9 Front Street,; .LLC
,,:;:
- .
',-
the following described real property in the
countyof Contra Costa ,state of Cali fomi a: Assessor Parcel Number 208-022'-023,
commonly known as 169 Front Street, Danville, California, more particularly
described in Exhibit A hereto
Dated
y/~yb/ ."
%- '.' :A---.
~ /t. ~ '. '.
STATE OF CALIFORNIA l
COUNTY OF CC>IltraCosta) 5.S.
O"c&;)~-:':;~Ci~Jlk~J-/. . ..before me,
a Notary Public in and for s!,\id Coun~and State,perscmally appeared
! . 4t~ j). lijd1O.-'AI..L- .'.,'
rl3r..nn~l~ "no'Alr:! to mQ (er proved to me on the basis of satisfactory
evidence) to be the personpf whose name~ is/~ subscribed to the
within instrument and acknowledged to me that he/spe'ltl}ey executed
the same in h~tlthpir authorized capacity(~), and that by hisllJPfltgefr
signature~ on the instrument the personyr). or the entity upon behalf
of which the person~ acted, executed the instrument.
WITNESS my hancfand official seal
, 0 t. /
Signature \7\ IL~ ./ AA fl ~ L'i r <<D.P --Ii ~L-/
)~~.................................. ^ ........""".................. """"{
0:8.. LAUR. IE S. DE. l lAR. . Z
COfJM., 1268364 <
> ~. : NOTARYPU8UC_~
Z. CON'fRA OOSTAOOUNTY 1J
)...,-" ~ ~ ~Mt~~,,~~~
(This are1) for natorial seal)
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
N;)me
Street Address
City & Slale
Ma~ 07 04 03:16p
925-736-3972
Tim Williams
oc;a;3t:'88
~\" C'I U. '11.) .
Cescription; The land refeiied to herein is situated in the State of Caftfcrnia, County pf
CONTRA COSTA, CITY OF DANV1LlE, and is described as follows;
PARCEL ONE:
PORTION OF THE RANCHO SAN RAMON, DESCRIBED AS FOLLOWS:
p.3
BEGINNlNG ON THE SOUTH\^lEST LINE OF THE COUNTY ROAD KNOWN AS FRONT
STREET AT THE MOST NORTHERLY" CORNER OF lHE PARCEL OF LAND DESCRIBED IN
THE DEED FROM MANUEL BROWN TO.THE ENOS J". SOUZA, ET UX, DATED NOVEMBER
" 1943- AND RECORDED DECEMllER29, 1943 rN VOLUME 762 OF OFFICIAL RECORDS,
AT PAGE 251; THENCE FROM SAID POINT OF BEGINNING ALONG SAID SOUTHWEST
LINE NORTH 300 08' 15" WEST, 47.74 FEET ANI) NORTH 420 47' WEST, 21.62 FEET
TO A SOUTHEAST LINE OF THE PARCEL OF lAND AWARDED TO ETHEl.S. JACKSON
IN THE DECREE OF PARTITION. ENTERED JULY 11, 1941 UNDER ACTION NO. 21583 IN
THE SUPERIOR COURT OF THE STATE OF CAUFORN1A,IN AND FOR THE COUNTY OF
CONTRA COSTA. ENTITLED ETHEL S. JACKSON, PLAINTIFF, VS. CONTRA COSTA
COUNTY TinE COMPANY, ETAL, DEfENDANTS. A CERTIFIED COpy OF WHICH WAS
RECORDED JULY 14, 1941 IN VOLUME 614 OF OFFICIAL RECORDS, AT PAGE 90; '"
THENCE ALONG THE EXTERIOR UNE OF SAID JACKSON PARCfL(614 OR 90} SOUTH
470 13' WEST, 130.09 FEET" AND SOUTH 420 47' EAST, 70.07 FEET TO THE
NORTHWEST LINE OF SAID SOUZA PARCEL (762 OR 251); THENCE NORTH 460 19'
30" EAST, ALONG SAID NORTHWEST LINE, 119.66 FEET TO THE POINT OF ~'
BEGINNING. (J)
" PARCEL TWO:
PORTION OF THE RANCHO SAN RAMON. DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTHWEST LINE OF THE COUNTY ROAD KNOWN AS FRONT
STREET AT THE MOST NORTHERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN
THE DEED FROM MANUEL BROWN TO ENOS J. SOUZA, ET UX, DATED NOVEMBER "
1943 AND RECORDED DECEMBER 29, 1943 IN VOLUME 762 OF OFFICIAL RECORDS,
AT PAGE 251; THENCE fROM SAID POINT OF BEGINNING SOUTH 460 19' 30" WEST,
ALONG THE NORTHWEST LINE OF SAIOSOUZA PARCEL (762 OR 25J) 119.66 FEET;
THENCE SOUTH 420 47' EAST, 1 FOOT; THENCE NORTH 46019' 30~ EA.ST, 119.42
FEET TO THE SOUTHWEST UNE OF SAID FRONT STREET; THENCE NORTH 300 13'
WEST, ALONG SAID SOUTHWEST UNE, TO THE POINT OF .BEGINNING.
ASSESSOR'S PARCEL NO.: 208-022-023
\
Page 3 of 6
Order No. 50500158
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