03.21 Mills Act 174 N. Shaffer Street . 4��FP��..9;�,
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���: ��a AGENDA ITEM
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July 9, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: William Crouch,.Community Development Director�
REVIEW: City Manager Finance ��
1. SUBJECT
Mills Act Contract No. MAC-294.0-19 (Historic Property Preservation Agreement).
2. SUMMARY
A proposal to approve a Mills Act Contract for a contributing residential historic property �
in the Old Towne Historic District. Estimated costs for repair, rehabilitation and
maintenance performed by the property owner for the minimum ten-year term of this
contract total $51,700. Property owners — Richard Quinn. Location — 174 N. Shaffer
Street.
3. RECOMMENDED ACTION
Approve a Mills Act Contract (Historic Property Preservation Agreement) between the
City of Orange and the property owner (Application No. MAC-294.0-19) for the
preservation and rehabilitation of a qualified historic property, and authorize the Mayor
and .City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The City may incur a loss of property tax of approximately $500 per year. The actual
amount of property tax reduction under the Mills Act Contract will be determined by the
Orange County Office of the Assessor, using a predetermined income-based approach
, to assessment, considering area rental rates and maintenance costs. The application fee
for this contract offsets the cost of staff review, property inspection and this public
meeting. Rehabilitation will generate additional revenues from building permit fees, and
the local economy will benefit from additional work for building contractors and material
suppliers.
ITEM.3,a I � 07/09/2019
5. STRATEGIC PLAN GOALS
Recognize, promote and preserve Orange's rich heritage, by expanding and
strengthening processes and practices related to the protection of cultural resources.
Enhance and promote quality of life including historic features of the City's Historic
Districts and individually listed historic resources to its citizens and visitors.
6. DISCUSSION AND BACKGROUND
Mills Act Contract No. MAC-294.0-19 is for 174 N. Shaffer Street. The property includes
a single-family residence and a detached accessory dwelling unit, addressed as 172 N.
Shaffer Street. Only the single-family residence is a contributing resource to the Old
Towne Historic District, and is the only building included in the Mills Act Contract.
Estimated costs associated with repair, rehabilitation and maintenance to be performed
by the property owner for the minimum ten-year term of this contract total $51,700. Staff
estimates the total tax savings_to the property owner over a ten-year period would be
approximately $36,836. This is due to the relatively high monthly rental income and low
assessed property value of the property at this time. The Orange County Office of the
Assessor will determine the actual amount of property tax savings under the Mills Act
Contract.
General contract conditions:
• Preserve and rehabilitate the historic property and its character-defining features in
conformance with adopted rules and regulations.
• Meet City of Orange Historic Property Maintenance Standards for all buildings,
structures, yards and other improvements on the property.
• Agree to property inspections once every five years of the contract term and/or when
work is completed to determine compliance with terms of the contract.
• File annual status reports on progress of improvements and repairs and/or any
changed conditions of the property.
• Provide a ten-year update of proposed rehabilitation and repair items, 90 days prior
to the tenth contract anniversary.
• Meet all other contract terms and conditions as specified in the Historic Property
Preservation Agreement.
7. ATTACHMENTS
1. Mills Act Contract MAC-294.0-19
2. Photographs of 174 N. Shaffer Street
ITEM 2 07/09/2019
RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City Clerk
City of Orange
300 E. Chapman Avenue Exempt from recording fees pursuant to
Orange, California, 92866 Gov. Code Sections 6103 and 27383
Property Address: 174 N. Shaffer Street
APN: 039-254-18
Mills Act Contract Number:294.0-19
HISTORIC PROPERTY PRESERVATION AGREEMENT �
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT(the "Agreement")is made
and entered into as of the date of execution by the City (herein referred to as the "Effective Date"),
and is being entered into by and between the CITY OF ORANGE, a municipal corporation ("City"),
and Richard M. Quinn, a single man (referred to herein as the "Owner"), with reference to the
following:
RECITALS
WHEREAS, the Mills Act(Government Code Section 50280 et seq.) provides cities with the
opportunity to contract with owners of qualified historical properties whereby the owner promises to
preserve and rehabilitate the property in return for a potential reduced property tax assessment; and
WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza
Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic
District, listed in the National Register of Historic Places; the local Old Towne Orange Historic
District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and
Fairmeadow Historic Districts,designated by the Orange City Council;and the City desires to promote
the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS,the City is dedicated to the protection and stabilization of property values through
maintaining and upgrading its older housing stock,through the use of incentives such as the Mills Act;
and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability
and community pride by preserving important neighborhood historic resources; and
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WHEREAS, the use of the Mills Act will fulfill one of the goals of the City's 2010 General
__ _ Plan Cultural_Resources_Element;-specif call-y,-------- ---- ----
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"Provide incentives and expand education efforts for historic preservation"(Goa13.0,CR-
22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property,together with
associated structures and improvements thereon,located at 174 N. Shaffer Street in the City of Orange,
County of Orange, State of California, having Assessor's Parcel Number 039-254-18 and more
specifically described in E�chibit A, which exhibit is attached hereto and made a part hereof(herein
referred to as the"Historic Property); and
VVHEREAS,the Historic Property is a qualified historical property under the Mills Act in that
it is privately owned property which is not exempt from property taxation and is either: individually
designated or is a contributing property within a designated district which is listed in the National
Register of Historic Places, California Register of Historical Resources or Register of Historical
Landmarks,California Points of Historical Interest,or is a contributing property in a locally designated
historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be
entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in
property taxes pursuant to the provisions of the California Revenue and Taxation Code; and
WHEREAS, it is the City's expectation that the Owner will use the property tax savings
accrued under this Agreement for improvements to the"Historic Property" (as defined below).To that
end, as a coridition of renewal, the City will require a revised schedule of improvements every ten
years showing a plan for improvements commensurate with the tax savings; and
WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this
Agreement to limit the use of the Historic Property to prevent inappropriate alterations,to ensure that
characteristics of historic significance are preserved and maintained in an exemplary manner, and to
carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division
1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of
Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.
AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises,
covenants and conditions contained herein and the substantial public benefits to be derived therefrom,
do hereby agree as follows:
1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code
Sections 50280 through 50290 and Article 1.9 (commencing with Section 439)of Chapter 3,Part
2 of Division 1 of the California Revenue and Taxation Code and is subj ect to all of the provisions
of tho�e statutes. To the extent any of the provisions in this A�reement are inconsistent with the
aforementioned provisions of the Government and Revenue and Taxation Codes, they are
superseded by those Code Sections.
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2. ASSESSMENT OF VALUATION. 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 Office of the Assessor. City makes no representations regarding the actual tax
savings any person may realize by entering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic
Properiy and its character defining features. Character defining features include, but are not
necessarily limited to,the general architectural form,style,materials, design, scale, details,mass,
roofline and other aspects of the appearance of the exterior of the Historic Property. For purposes
of identification of the Historic Property, the City's Official Historic Property Inventory Form
(DPR 523) is attached as Exhibit E.
The SecretaYy of the Interior's Standards for Rehabilitation (Exhibit B) and City's minimum
maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall
constitute the minimum standards and conditions for preservation and rehabilitation of the Historic
Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner
shall, where necessary, 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, the
Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code,
and the City of Orange's Historic Preservation Design Standards for Old Towne and Eichler
Design Standards.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and
expense,to complete, or cause to be completed,the work or improvements described in Exhibit D
within the times established therefore in Exhibit D. The Owner shall secure any and all permits
which may be required by the City or any other governmental agency affected by the construction
of the work or improvements. The Owner accepts responsibility for and shall be responsible for
identification of and compliance with all applicable laws pertaining to the construction and
installation of the work or improvements described on Exhibit D and the contract or contracts
pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold
the City harmless with respect to, any consequences of any failure by the Owner to correctly
determine the applicability of any such requirements to any contract he/she/they enter into.
In addition to the foregoing,the Owner hereby agrees to and will comply with all applicable local,
state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and
other requirements of governmental authorities now or hereafter in effect ("Applicable Laws")
pertaining to the use of the Historic Property. Owner must give the City immediate written notice
on Owner's becoming aware that the use or condition of the Historic Property is in violation of
any Applicable Laws.
4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by
I prior appointment, of the interior and exterior of t�ie Historic Property by the City at a minimum I
every five (5) years during the Agreement term to determine Owner's compliance with the terms
and provisions of this Agreement. Owner agrees to provide the City with a report as to the status
of the Historic Property annualiy within thirty (30) days following each-anniversary-of the
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Effective Date of this Agreement. The annual report sha11 provide substantiation reasonably
satisfactory to the City's Historic Preservation Planner or in his/her absence the Director of
Community Development that Owner has completed the work required by Exhibit D for the
twelve month period preceding each anniversary of this Agreement, and whether the Historic
Property has undergone any changed conditions, and whether Owner has received any public
funds from other sources designated for the preservation or maintenance of the Historic Property
and from whom such funds have been received.
5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover
administrative costs associated with this Agreement including but not limited to the reasonable
cost of monitoring the Historic Property,performing required inspections,and enforcement of the
Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning
Division upon demand and prior to any required inspection. The amount of the annual inspection
fee shall be established by the City and may be revised from time to time, which fee shall be set
forth in the City's Master Schedule of Fees and Charges. Failure to pay the required fee within
45 days of the due date will be considered a willful breach of this Agreement and may result in
cancellation of the Agreement in accordance with the cancellation terms detailed below.
6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this
Agreement shall be from July 9, 2019 to and including July 9, 2029.
7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement
(hereinafter referred to as the "renewal date"), one year shall be added automatically to the initial
term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.
8. EFFECT OF OUTSIDE FIJNDS. If Owner receives funds designated for the preservation or
maintenance of the Historic Property from any other public agency, this Agreement shall not be
renewed except upon the vote of the City Council.
9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this
Agreement, that party shall serve written notice of nonrenewal to the other party in advance of
the annual renewal date. Unless the notice is served by Owner to City at least ninety(90) days, or
by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically
be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice
of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest
the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement
or toll the renewal date until such hearing can reasonably held. Owner may furnish the City
Council with any information which the Owner deems relevant;and shall furnish the City Council
with any information it may require. At any time prior to the renewal date, City may withdraw its
notice of nonrenewal.
10. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent n�ot
to renew this Agreement, this Agree�nent shall remain in effect for the balance of the peri�d
remaining since the original execution date if not yet renewed, or the last renewal date of the
Agreement, as the-case-may be.------- ----- ----- - ---- - -
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11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth (10�')
anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth
(l Oth) anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation
maintenance items for the City's review and approval. Such updated schedule shall contain a list
of proposed improvements andlor revisions to be accomplished during the next succeeding ten
(10) years of the Agreement and a schedule for the construction of such improvements. Within
thirty (30) days after the City's receipt of said updated schedule, the City's Director of
Community Development shall either approve or disapprove such proposed schedule of proposed
improvements, or sha11 respond in writing by stating what further information, if any, the City
reasonably requires in order to determine the request complete and determine whether or not to
grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish
to the City such further information as may be reasonably requested.
From time to time, at the request of the City's Director of Community Development (or his/her
authorized representative), the Owner shall meet and confer with the City's Planner for Historic
Preservation or in his/her absence the Director of Community Development(or his/her designee)
regarding matters arising hereunder with respect to the work and improvements and the progress
in constructing the same.
12. INDEPENDENT ADVICE OF COLTNSEL. The Owner, and each of them,represent and declare
that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment,
belief and knowledge, and the advice and recommendations of his/her/their own independently
selected counsel,concerning the nature,extent and duration of his/her/their rights and claims,and
that he/she/they have not been influenced to any extent whatsoever in executing the same by the
City or by any person representing the City.
13. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the
conditions of the Agreement provided for or has allowed the property to deteriorate to the point
it no longer meets the standards for a qualified historical property,the City shall either cancel the
Agreement or bring any action in court necessary to enforce the Agreement including, but not
limited to an action to enforce the Agreement by specific performance to cure, correct or remedy
any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any
other remedy consistent with the purpose of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City shall give written notice to Owner specifying the
alleged grounds for the default. Said notice shall be given by registered or certified mail addressed
to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable
satisfaction of the City within thirty(30)days from the receipt of the notice of violation, or within
such reasonable time as may be required to cure the breach or default,provided that acts to cure,
correct or remedy such breach or default are commenced within thirty (30) days and thereafter
diligently pursued to completion,then City may, without further notice, institute legal action.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are
cumulative, and the exe�cise by the City of one or more of such rights or rer�edies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same-default or-�any other default-by-the-Owner.—Any failure-or--delay-by-the-City-in-asserting any
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of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth
herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive
the City of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach
shall not be construed as a waiver of any succeeding breach of the same or other covenants,
conditions or agreements set forth in this Agreement.
14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this
Agreement if City deternunes Owner has breached any of the conditions or covenants of this
Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets
the standards for a qualified historical property. City may also cancel this Agreement if it
determines Owner has failed to rehabilitate the Historic Property in the manner specified in this
Agreement.
15. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given
notice and has held a public hearing as required by Government Code Section 50285. Notice of
the hearing shall be mailed to the last known address of each owner of property within 300 feet
of the Historic Property and shall be published in accordance with Government Code Section
6061.
16. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above,
Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2%) of the current fair
market value of the Historic Property at the time of cancellation. The current fair market value
shall be determined by the County Assessor as though the Historic Property were free of the
restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee
shall be paid to the County Auditor at such time and in such manner as the County Auditor shall
prescribe.
17. NOTICES. All notices required by or provided for in the Agreement shall be given in writing
and may be mailed or delivered in person at the address of the respective parties as specified
below or at any other address as may be later specified by the parties. Deposit of notice in the
mail, postage prepaid, shall be deemed receipt of the notice.
City of Orange Richard M. Quinn
Attn.: City Manager 164 N. Shaffer Street
300 E. Chapman Avenue Orange, CA 92866
Orange, CA 92866
18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of
the obligations imposed under this Agreement. The Owner acknowledges and agrees that the
consideration for the execution of this Agreement is the substantial public benefit to be derived
therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed
value of the �Iistoric Property on account of the restrictions on the �use and preservation of the
Historic Property.
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19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined
this Agreement does not constitute an enforceable restriction within the meaning of the applicable
provisions of the California Government Code and the California Revenue and Taxation Code,
except for an unenforceability arising from the cancellation or nonrenewal of this Agreement,then
this Agreement shall be null and void and without further effect and the Historic Property subject
to this Agreement shall from that time be free from any restriction whatsoever under this
Agreement without any payment or further act of the parties to this Agreement.
20. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF
CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the
Historic Property is acquired in whole or 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 City
to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be
imposed under Section 17, above. The Agreement shall be deemed null and void for all purposes
of detertnining the value of the Historic Property so acquired.
If, subsequent to the filing of an action in eminent domain, the proposed condemnation is
abandoned by the condemning agency,the restrictions on the use of the Historic Property included
in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of
this Agreement shall continue in full force and effect.
21. 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 hereto to be considered
joint venturers or members of any joint enterprise.
22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit
of all successors in interest of the Owner, regaxdless of the tax exempt status of any subsequent
owner. A successor in interest shall have the same rights and obligations under this Agreement as
the original owner who entered into this Agreement.
23. REQUIREMENTS 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 the City through
the escrow for the Transfer of the Historic Property an assignment and assumption agreement in a
form satisfactory to the City's Attorney or such other 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. I
24. RECORDATION. City shall record a copy of this Agreement with the Office of the County
- Recorder-of the County of Orange. ------
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25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and
recorded instrument executed by the parties hereto, except that the Director of Community
Development is authorized to amend the list of required projects in Exhibit D.
26. COLTNTERPARTS. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and all of which shall constitute one and the same agreement
with the same effect as if all parties had signed the same signature page. Any signature page of
this Agreement may be detached from any counterpart of this Agreement and re-attached to any
other counterpart of this Agreement identical in form hereto but having attached to it one or more
additional signature pages.
27. ADMINISTR.ATION. This Agreement shall be administered by the City's Director of
Community Development (or his/her designated representative) following approval of this
Agreement by the City. The City shall maintain authority of this Agreement through the City's
Director of Community Development (or his/her authorized representative). The City's Director
of Community Development shall have the authority to issue interpretations;waive provisions and
enter into amendments of this Agreement on behalf of the City so long as such actions do not
change the uses permitted on the Historic Property or the purpose of this Agreement. Such
amendments may include extensions of time or amendments to the projects specified in Exhibit D.
All other waivers or amendments shall require the written approval and consent of the City
Council.
[Remainc�er of page intentionally left blank;signatures on next pageJ
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IN WITNESS WHEREOF, the City and the Owner have executed this Agreement.
"OWNER"
Dated: , 2019
Richard M. Quinn
"CITY"
CITY OF ORANGE, a municipal corporation
Dated: , 2019 By:
Mark A. Murphy
Mayor
ATTEST: APPROVED AS TO FORM:
, �
i �� �,
Pamela Coleman Mary E. inning
City Clerk Senior Assistant City Att "rne
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ACKNOWLEDGEMENT
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 before me, ,
a Notary Public in and for the State of California,personally appeared
who proved to me on the basis of satisfactory evidence 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.
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)
� �
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EXHIBIT "A"
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA,DESCRIBED AS:
Lot 13 of Block B of Library Tract in the City of Orange, County of Orange,
State of California, as per map recorded in Book 5, Page 21 of Miscellaneous
Maps,in the office of the County Recorder of said Orange County.
[APN 039-254-18]
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EXHIBIT "B"
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a
minimal alteration of the building structure, or site and its environment, or to use a property for its
originally intended purpose.
2. The distinguishing original qualities or character of a building, structure, or site and its environment
shall not be destroyed. The removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that
have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development
of a building, structure or site and its environment. These changes may have acquired significance in
their own right,and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building,
structure or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,wherever possible.In the event
replacement is necessary, the new material should match the material being replaced in composition,
desib,color,texture,and other visual qualities.Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic, physical, or pictorial
evidence rather than on conjectural designs or the availabiliTy of different architectural elements from
other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting
and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or
adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when
such alterations and additions do not destroy significant historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material and character of the property,
neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if
such additions or alterations were to be removed in the future, the essential form and integrity of the
structure would be unimpaired.
� � �
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EXHIBIT "C"
CITY OF ORANGE HISTORIC PROPERTY
MAINTENANCE STANDARDS
All buildings,structures,yards and other improvements shall be maintained in a manner which does not detract
from the appearance of the immediate neighborhood.The following conditions are prohibited:
1. Dilapidated,deteriorating, or unrepaired structures, such as: fences,roofs, doors,walls and windows.
2. Publicly visible storage of scrap lumber,junk,trash or debris.
3. Publicly visible storage of abandoned,discarded or unused objects or equipment,such as automobiles,
automobile parts,furniture, stoves,refrigerators,cans,containers or similar items.
4. Stagnant water or excavations, including pools or spas.
5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height,
condition, or its inappropriate location.
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EXHIBIT "D"
REHABILITATION/MAINTENANCE SCOPE OF WORK
[Attached.]
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EXHIBIT "1)"
REHABILITATION/MAINTENANCE SCOPE OF WORK
174 N. Shaffer Street
Priori Descri tion of Work Cost Estimate Com letion Date
1. Repairs to front porch, including cracks in $1,200 2019
front porch concrete and re-pointing of
cobblestone orch column bases
2. Pltunbing maintenance, including clearing $900 2019
root intrusions from pipes and repairing leaks
as needed
3. Termite control treatment and repairs and $900 2019
recommended in termite inspection report
dated 7/21/2018
4. Repair and maintenance for windows on $3,000 2020
house to restore operability,paint, and repair
of dama ed wood and cracked lazing
5. Repair of interior plaster walls and $1,500 2022
refinishin of original wood floor
6. Repair wood siding on rear service porch of $1,500 2022
house
7. Re aint exterior of the house $14,000 2022
8. Seismic foundation retrofit for house $5,000 2022
9. Restore function of original wood burning $3,500 2023
fire lace
10. Replace metal window on rear (west) $1,000 2024
elevation with new wood window in same
o enin
11. Roof repairs to existing composition single $10,000 2025
roof system on house and detached garage,
with full re lacement if needed
12. Exterior aint touchu of house as needed $5,000 2026
13. Replace metal garage door with new wood $3,000 2026
ara e door
14. Repairs to damaged wood siding on detached $1,200 2026
ara e
TOTAL $51,700
I I
, StateofCalifornia=The,Resources�, enc . , ` •-'�Pnmary.#i 30,-159592.' ' . ' .. . ��' ,-. ,
A9 �,Y �.�..�.�,,..»F . .�o,..,..,�«..�.�.�,�...�...�...�.
;.',DEPARTMENT OF RARK$AND�REGREATION; �; ,- _ ' � HRI# -. 038958'�.�� _ � ' '
PRIMARY RECORD' - � - - - � ,� T�iriomiel:-:�_ ox�: _ � = , ; .� ""��`
- . `i D:...,. �:�-: ���.,.»..z.;�
, , - NRHP`Status Gode`�- " ��
- ' - . . OtFier Listings:� -- - • r � - ��.�..a,. . ' . .
- . -. � _ � . _ ��-���'�r. :-��`�nM�.�;�;d,�...:.... �..����.�•�_�•�:,�.�..a:v:.p�,.,�.,,.�,;�...
- � , � ��Review Codec - 'Revi@wer: - - Date:- -
- ,�..:;:.�.,,��.::. -
Page 1 of 3 "R050u�C@ NeR10 0�#: SHAFFER N_172-174_APN_039-254-18
(Assigned by Recorder)
P1.Other ldentiFer: See B13 Remarks
*P2.Location: ❑ Not for Publication C Unrestricted
*a.County: Orange 8�d (pzb and P2c or P2d.Attach a location map as necessary.)
'b.USGS 7.5'Quad: Date: T ; R 114 of 1/4 of Sec B.M.
c.Address: 172 - 174 N SHAFFER ��� ST ,# City: Or�nge ZjP; 92866
d.UTM: (Give more than one for large and/or linear resources)Z0110 ' mE/ mN
e.Other Locational Data: �� �
`P38.DeSC�lptl0�: (Descri6e resource and its major elemenls.Include design,materials,condition,alteraUons,size,sefting,and boudnaries. Continues on Pg.3.)
Materials: Frame - wood siding
A single-story bungalow with wide lap siding and double, front-facing qable roof. The forwardmost gable
forms the entry porch overhang supported by tapered piers on arroyo stone bases. The exposed beams are
fashioned as triangular bracket supports which add ornamentation to the eaves of the house. The main door
is flanked by side lites. Windows on the front facade feature ornamentally mullioned, upper sashes.
*P3b.ReSou�ce Attflbutes: (HP2)--Single family property
(Listattributes and codes)
*P4.Resources Present: ❑./ Building ❑ Structure ❑ Object ❑ Site ❑d Element of District ❑ District ❑ Other(isolates,etc.}
r *:'. :- �:.: •,:....
� - - �• PSb.Description of Photo: 2005
F ��,,'� ; ' . ' - '" ' � .. , . (View,date,accession#) �
lyt
j<X � *P6.Date Constructedl Age and Source:
�%�f� •
.�,;., -. �
�� i9i2
�,
��,��. - � Historic ❑ Prehistoric ❑ Both
�
���&t� - �� *P7.Owner and Address:
_ .u,�«��
i,t �.::�..-�:x —�__
` i,t :�' � _
1 �
�..'' *P8:Reco�ded by: (Name,affiliation,and address)
D. Gest, P. LaValley, D.
' ' Matsumoto
` a � � ; ,! , _, �. �xa.a� ' ,�
��h.� ,v�� �-��.r y.;�'� g :�`ti�c..��y
�� � ;�:�r .!� �t�, '� b�'_���� � �� Chattel Architecture
� d �� � �'•�1�'��` `4�� �� � ����� ��r - J,' 13917 Ventura Blvd.
a� w 4�r_ d .Ci���' ^s ���� =�'�y�a F � C� �3. E�.Y"��,.,�..�i„.�`N
r���yA .�,r�,� �: ��� ��
�+ � •� ^:��"�.�.� �k " ��a.t�'�"'��=.. Sherman Oaks, CA 91423
� .}�: ::� � � j:�� .sd>:7 �i"�x"r.,�'.'i�i ..,}t�, •�`r:Aiai�'L�a+,S,-..`.�i
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*P9.Date Recorded:
'P11.ReportCitatiOn: (Citesurveyreportandothersources,orenter°none.') April, 2005
Orange County Assessor Records (2005) . Chattel Architecture (2005)
Historic Resources Survey. AEGIS (1991) Historic Building Inventory *p10.SurveyType� (Describe)
Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. Reconnaissance
I I I
*Attachments: ❑ NONE ❑ Location Map ❑� Continuation Sheet(s) � Building,Structure,and Object Record
❑ Archaeological Record ❑ District Record ❑ Linear Feature Record ❑ Milling Station Record❑ Rock Art Record
0 ArtifactRecord— -�-Photograph-Record�-Other(List):---- ------ — -
DPR 523A(1/95) `Required Information
' State of California �The Resources Agency� , � �.$�,� �`ffi �=Primary#,��30,�159t592 N �~�k' „. � ���-� �� ��:;s= :'
',DEPi4RTIVIENT OF P�AF2KS'AND REGRE�ATI�ON�K ,��$` �x�,;�.; dc�:;`�g:�.�.'�HRI:,#'�,::�`�i,"`��Q 89�8�,ru 4� ������,�'��"'
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NRHP Sfatus Code` 1D � r ��'-� f ��
;:BUILDING,STRUCTURE;AND OBJECT,RECORD;��"� ,
.� :���.� �
Page 2 of 3 "R@SOU�Ce N81172 O�#: SHAFFER N_172-174_APN_039-254-18
(Assigned by Recorder)
81.Historic Name: nr. Artnur and Bertha Domann House (1912)
B2.Common Name:
B3.Original Use: �s B4.Present Use: RES
*B5.Architectural Style: sungalow
"'B6.COIIStI'UCt1011 HISt01}/:(Construction date,atlerations,and date of alterations) Date of Construction: 1912 ❑�I HiSto�iC ❑ PfehlSto�IC ❑ Both
New 2-car garage built in rear, same location as historic garage (ENV-1587) .
*67.Moved? ❑�I No ❑ Yes ❑ Unknown Date: Original Location: �
*B8.Related Features:
*B9.Architect or Builder: unknown
"B10.SigniflCanCe: Theme: Architecture qrea; City of Orange propertyType: Residence
Period ofSignificance: old Towne: Early settlement (c. 1870 - 1920) Applicable Criteria: AC
(Discuss importance in terms of historical or architectural conteM as defined by theme,period,and geographic scope.Also address integrity. Con6nues on Pg.4.)
Structul'al Integ�ity: Excellent Condition - No apparent change to original structure.
Sltelnteg�lty: Accessory structure or major addition that compromises the scale or association with the
site.
Opportunities:
As of 1919, the house was owned by Dr. Arthur and Bertha Domann. Mr. Domann was a physician and surgeon.
Mr. Domann may have been the original owner of this house. Later he constructed a larger, more elaborate,
house for himself at 515 East Maple. Mr. Domann was instrumental in getting the May Festival started in
Orange in 1927. See DPR form 515 E. Maple for more information on Dr. Domann.
B11.Additional Resource Attributes: ��isc attr�buces and codes�
*B12.References:
Orange Daily News.
B13.Rema1'ks: (Contlnues on Pg.3.) (Sketch Map with North arrow required.)
Status change since 1991 Survey: None.
Only 179 N. Shaffer is the contributing building. 172 N. Shaffer is
the rear, non-historic building.
'614.EValuato�: Robert Chattel
*Date of Evaluation: September, 2005 I I
(This space reserved for official comments.)
� ) ------------------------------q-----
DPR 523B 1%95 � � � *Re uired Information
State of California-The Resources Agency Primary# 30-159592 �
DEPARTMENT OF PARKS AND RECREATION HRI# 038958 '��������'�
CONTINUATION SHEET Trinomial oRA �"��"d�`� " j
, ���.,....�,.�..._��..,�,,.�.��,.�.� ,
Page 3 Of 3 *RQSOU�C@ N0n1e01'#: SHAFFER_N_172-1"/4_APN_039-254-18
(Assigned by Recorder)
Recorded by:
�. Gest, e. I.a��a�iley, �. taacsumoto Date Recorded• Ap�i�_, 2005
Cnattel hrchitecture �
13417 ventura s1vd. ,/; Continuation Update
S�err�aa Oaks, CA 9"y423
Years Surveyed: ���2, 1991, zoo� Description of Photo: i991
Listed in National Register: 19��
General Plan: ��R #of Buildings: Z
Planning Zone: R-Z-E #of Stories: 1 i �
.�..
Lot Acre: #of Units: 2 ��° `,,� "
,..._., ,.�-, y .
Principal Building Sqft: 1252 -- - __ ��'�
�aV
B6.Construction History(Continued from Pg.2): � �f�• -- �.. �
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B13.Remarks(Continued from Pg.2): ,�"""_ � <--�' •', � �
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P3a. Description(Continued from Pg.1):
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