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HomeMy WebLinkAbout25A - HISTORIC PROPERTY DESIGNATIONS REQUEST FOR COUNCIL ACTION ~ ~ta/~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 6, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NOS. 2005-03 THROUGH 2005-06 FOR THE PROPERTIES LOCATED AT 2033 NORTH GREENLEAF STREET, 2014 NORTH BUSH STREET, 1719 NORTH HELIOTROPE DRIVE, AND 1320 NORTH BROADWAY APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the following property owners of 2033 North Greenleaf Street, 2014 North Bush Street, 1719 North Heliotrope Drive, and 1320 North Broadway. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the following property owners of 2033 North Greenleaf Street, 2014 North Bush Street, 1719 North Heliotrope Drive, and 1320 North Broadway at its August 4, 2005 meeting by a vote of 7:0 (Bustamante and Schaefer absent) . Property Owner Names Address James R. and Louise A. Ferrell 2033 North Greenleaf Street Donald A. Nelson 2014 North Bush Street Sterling B. Mutz, Trustee of Sterling B. Mutz 1719 North Heliotrope Drive Separate Property Trust and Jane Tuckey, Trustee of the Successor Trustees, of the Jane Tuckey Revocable Trust dated October 8, 1986 Ernestine Vasquez 1320 North Broadway DISCUSSION After the Commission Agreements public hearing on August reviewed the proposed (Mills Act Contract) and 4, 2005, the Historic Resources Historic Property Preservation concluded that the resulting 25A-1 HPP Agreement Nos. 2005-03 through 2005-06 September 6, 2005 Page 2 potential property tax savings would encourage the owners to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreements prevent inappropriate alterations. FISCAL IMPACT The Historic Property Preservation Agreements will reduce the property tax revenue to the City by an estimated $189.74 to $948.69, cumulatively and annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~eVino Ex utive Director Panning & Building Agency ~M\~~'l ~J ~ .%::OA ~ Francisco Gutierrez Executive Director Finance & Management Services Agenc:l~ HS:rb hS\historic info\08040SHRC\MillsActContracts.cc 25A-2 REQUEST FOR Historic Resources Commission Action ~ ~ HISTORIC RESOURCES COMMISSION SECRETARY HISTORIC RESOURCES COMMISSION MEET'N3 DATE: AUGUST 4, 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NOS. 2005-03 THROUGH 2005-06 FOR THE PROPERTIES LOCATED AT 2033 NORTH GREENLEAF STREET, 2014 NORTH BUSH STREET, 1719 NORTH HELIOTROPE DRIVE, AND 1320 NORTH BROADWAY Prepared by Hally Soboleske APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO ~tive Director ~~er RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the following property owners of 2033 North Greenleaf Street, 2014 North Bush Street, 1719 North Heliotrope Drive, and 1320 North Broadway. DISCUSSION Request of Applicants The applicants request the approval of Historic Property Preservation Agreement Nos. 2005-03 through 2005-06 (Mills Act) between the property owners and the City of Santa Ana. The property owners are as follows: Property Owner Names Add ress James R. and Louise A. Ferrell 2033 North Greenleaf Street Donald A. Nelson 2014 North Bush Street Sterling B. Mutz, Trustee of Sterling B. Mutz 1719 North Heliotrope Drive Separate Property Trust and Jane Tuckey, Trustee of the Successor Trustees, of the Jane Tuckey Revocable Trust dated October 8, 1986 Ernestine Vasquez 1320 North Broadway Property Descriptions HPPA No. 2005-03 - 2033 North Greenleaf Street. This structure is a two-story Prairie style residence and a detached, two-car garage located at 926 North Olive Street and is within the Floral Park neighborhood. Surrounding land uses are residential. EXH2'!A_3 HPPA Nos. 2005-03 through 2005-06 August 4, 2005 Page 2 HPPA No. 2005-04 - 2014 North Bush Street. This structure is a one and one-half story Craftsman style residence and a detached one-car garage located in the Santa Ana Triangle neighborhood. HPPA No. 2005-05 1719 North Heliotrope Drive. This structure is a two-story Tudor Revival style residence and a detached two-car garage located in the Floral Park neighborhood. HPPA No. 2005-06 - 1320 North Broadway. This structure is a two-story Craftsman style residence and a detached single-car garage located in the Willard neighborhood. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. All subj ect properties were placed on the local register and by the Historic Resources Commission (Exhibits I, 2, 3 and 4) . Upon consideration of the application, it is recommended that the City enter into Historic Property Preservation Agreement (Exhibits 5, 6, 7 and 8). A review of the subject properties indicate that these structures are in good/excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 25A-4 HPPA Nos. 2005-03 through 2005-06 August 4, 2005 Page 3 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~ Assistant Planner II ~tXt~ Maya osa Senior Planner HS:JM hs\historic info\08040SHRCMillsActContracts.hrc 25A-5 EXECUTIVE SUMMARY GUSTLIN HOUSE 2033 North Greenleaf Street Santa Ana, CA 92706 NAME Gustlin House I REF. NO. ADDRESS 2033 North Greenleaf Street CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUlL T 1907 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT IN/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION 11,3 CALIFORNIA REGISTER STATUS CODE ISSI Location: D Not for Publication ~ Umestricted D Prehistoric ~ Historic D Both ARCHITECTURAL STYLE: Prairie School (American Foursquare Variant) The Prairie School refers to a group of architects centered in Chicago at the beginning of the twentieth century. Primary amongst them was Frank Lloyd Wright, under whom Prairie School designs reached their apex. Echoing the uninterrupted horizontal lines of the American prairie, Prairie style homes-it was largely a domestic movement-are usually characterized by broadly pitched hipped roofs with deep overhangs; two stories in height, often with one story wings; front porches with massive porch roof supports; and detailing which emphasizes the horizontal. A common, vernacular interpretation of the type, sometimes referred to as the Prairie Box or the American Foursquare, is box-like in massing and plan, with hipped or gabled dormers, porches across all or a portion of the fayade, and detailing culled from the vocabularies of a variety of styles, including Mission Revival, Colonial Revival, and Craftsman. SUMMARY/CONCLUSION: The Gustlin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the American Foursquare variant of the Prairie Style. It also qualifies for the Register under Criterion 7, as a building that was connected with business or use that was once common, but is now rare, specifically, agriculture. Additionally, the house has been categorized as "Landmark" for its historical/cultural significance to the City of Santa Ana (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 1: It is associated with events that have made a significant contribution to the broad patterns oflocal or regional history, or the cultural heritage of California or the United States. 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. · California Register Status Code: (From California Office of Historic Preservation, December 8,2003.) 5S1: Individual property that is listed or designated locally. 2~~61 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -.L of ~ Resource name(s) or number (assigned by recorder) Gustlin House P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad TSA 0054 Date: July 7,2005 'c. Address 2033 North Greenleaf Street City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number: 002 Block 112 Lot 42 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Box-like, two-story massing and a predominantly hipped roof identify this former farmhouse as an example of the American Foursquare genre. Gables intersect the hip roof on the front and north side elevations. Rafter tails and bargeboards feature carved ends. The body of the house is sheathed with narrow clapboard, while the gable ends are faced with vertical boards. A plain frieze board wraps the house beneath the gables, disappearing beneath the overhanging eaves. Spanning the fa9ade, an attached porch is covered by a shed roof, with a front gable over the north half marking the entry. Added in 2004, the porch is compatibly designed, with porch posts and brackets, a patterned stick railing, and latticework skirting the foundation indicating its more recent vintage. In addition to the entry, the porch shelters a large, tripartite window that is topped by a multi-light transom. Upper story fenestration consists of double-hung windows, arranged singly and in pairs. Attic windows are located in the gable ends. Molded lintels lend a slightly classical flavor to the window surrounds. A front- gabled garage, also added in 2004, sits in the rear of the property. Edged at the sidewalk by a non-original but compatible picket fence, the property is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property P5a. Photo *P4. Resources Present: -Building DStructure DObject DSite o District DElement of District DOther 1",:1' q ,r , t,~' *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) West elevation May 2005 *P6. Date Constructed/Age and Sources: -historic 19071 Source: Owner *P7. Owner and Address: James R. and Louise A. Ferrell 2033 Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: May 12, 2005 *P10. Survey Type: Intensive Survey Update I *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 25A~7 'Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page ....2..... of ~ *CHR Status Code 5S1 *Resource Name or #: Gustlin House 81. Historic Name: Gustlin House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family residence *85. Architectural Style: Prairie School (American Foursquare Variant) *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1907. April 28, 1927. Garage. September 10, 1931. Reroof. November 28, 1941. Repair fire damage. January 11, 1944. Alterations to residence. (See Continuation Sheet 3 of 4.) *87. Moved? -No DYes DUnknown Date: *88. Related Features: Original Location: Mature fruit trees. 89a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1886-1953 Property Type: Single-family Residence Applicable Criteria: NR: A, C; CR: 1, 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gustlin House is architecturally significant as a rehabilitated example of the American Foursquare genre popular during the late nineteenth and early twentieth centuries and historically significant as one of the few surviving farmhouses in Santa Ana in general and the Floral Park neighborhood in particular. It was built in 1907 by Abraham Gustlin, who moved to Santa Ana in 1901. Born in 1855 in Illinois and raised in Iowa, Gustlin worked on his father's farm, then labored as a boilermaker for various railroads before he and his wife Lovina relocated to California. They raised walnuts on their four-acre property on Greenleaf, where they built the third or fourth house on the street. Their son, Clarence, and later his wife, Velda, shared the (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) Sketch Map 813. Remarks: *814. Evaluator: Leslie J. Heumann ~~. ~. ..-. /:;:. t::./ . <' 1._.-, .~ . f-.J~' .... ......." '._~.,) ~ ~~ ~' _._,.~,_ -1 ~ '" " ~,: : ~'~ (2) r-, '-'j ~'+~'" .0 ~'.~/ (This space reserved for official comments.) l~) __.n : ~~' ..---, I':' _/ r' ~J r. . ;~ ~ - \~:.-' .~' (~:' I~~ *Date of Evaluation: May 12, 2005 1.}-0 ~-'-'~~"~"-, , (:'\ ~) rJ0 2033 N. Greenleaf Gustlin House DPR 5238 (1195) "Required information 25A~8 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI# Page ~ of~ *Recorded by Leslie J. Heumann Trinomial Resource Name or # (Assigned by recorder) Gustlin House *Date May 12,2005 [8] Continuation 0 Update *86. Construction History (continued): July 19, 1956. Add bedroom to residence. December 19, 1989. Reroof house and garage with tear-off. 2004. Build front porch, back porch, and garage; change bathroom window to glass block. *810. Significance (continued): home. An accomplished musician trained in Berlin and Florence, Clarence was variously listed in the city directories as a pianist, music teacher, and director of the Orange County Conservatory of Music at 816 North Main Street. Around 1916, Clarence and Velda moved to the Main Street address. Abraham Gustlin retired in 1920, and purchased the Taylor House at 427 Edgewood Road (now 2520 North Valencia Street), where he lived and continued to raise walnuts on one acre. He left his younger son, Walter, in residence at the ranch on Greenleaf. Walter and Evelyn Gustlin only lived on the property until 1925, during which time Walter held a number of jobs, including rancher, builder, and salesman. Between 1925 and 1952, the house apparently changed owners and occupants numerous times. During this period, Greenleaf Street also assumed its present appearance, mushrooming from an agricultural avenue with less than ten homes to a fully developed street of more than sixty residences by the end of the 1930s. Beginning in 1952 and continuing for the next 52 years, Gerould Smith owned the property. Initially listed in the city directories as a chemist with the Union Oil Company in Brea, Smith was subsequently a teacher at Santa Ana COllege. He occupied the house with his wife, Mary. The Gustlin House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Countv Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Oranae Countv Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI T oro Marine Base during World War 1/, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 1/ years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gustlin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the American Foursquare variant of the Prairie Style. Notable in this regard are the hipped roof, box-like proportions, and details such as exposed rafters and classical window surrounds that are derived from the Craftsman and Colonial Revival styles, respectively. It also qualifies for the Register under Criterion 7, as a building that was connected with business or use that was once common, but is now rare, specifically, agriculture. Additionally, the house has been categorized as "Landmark" for its historical/cultural significance to the City of Santa Ana due to its association with Abraham Gustlin and the once common agricultural use. All original and restored exterior features of the Gustlin House are considered character-defining and should be preserved, including, but not limited to: materials and finishes; roof configuration and detailing; massing; windows and doors; bays; architectural details such as the frieze board, window surrounds, bargeboards, and rafter tails; and original landscape features such as fruit trees. DPR 523L 25A~9 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI# Page ~ of~ *Recorded by Leslie J. Heumann Trinomial Resource Name or # (Assigned by recorder) Gustlin House *Date May 12, 2005 [&] Continuation 0 Update *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclooedia. New York, WW Norion, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. Armor, Samuel. Historv of Oranae County, Los Angeles: History Record Company, 1921. Page 997-998. "Builder of Honer Plaza Dies," Oranae County Reaister. September 15, 1981. Santa Ana and Orange County Directories, 1905-1979. DPR 523L 2SA~1 0 EXECUTIVE SUMMARY MCCLAIN HOUSE 2014 North Bush Street Santa Ana, CA 92701 NAME McClain House I REF. NO. ADDRESS 2014 North Bush Street CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUILT 1908 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/ A NEIGHBORHOOD I Santa Ana Triangle CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION 13 CALIFORNIA REGISTER STATUS CODE 15Sl Location: 0 Not for Publication [8J Umestricted o Prehistoric [8J Historic o Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The McClain House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact and representative example of a Craftsman bungalow, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. 2U~~~ Primary I HRII State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -1- of L Resource name(s) or number (assigned by recorder) McClain House P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' TCA 1725 Date: *c. Address 2014 North Bush Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 003-113-08; MAIN ST TR LOT 10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A high degree of integrity characterizes this one and a half story Craftsman bungalow. Clad in medium clapboard, the house is capped by a side gable roof. Centered over the fayade, a large, shed-roofed dormer contains a band of three windows. Rafters are exposed in the eaves of the dormer and braces are visible in the gable ends. The lower portion of the roof over the fayade has a more shallow pitch than the upper section. Beneath it, a recessed front porch occupies the northern two bays of the three-bay fayade. The entry, with a typical, tapered, Craftsman surround, occupies the center bay while a pair of double-hung windows overlook the porch. An 'X" patterned railing and clapboard covered piers define the porch space. The south bay contains a band of three double-hung sash windows. Other features of the design include an interior brick chimney that appears to have been rebuilt and a row of purlins in the gable face, both visible on the south elevation. No major alterations were noted from the street, although the wood shingle roof has been replaced and the rafter tails may have been cut off to accommodate a gutter. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure DObject DSite o District DElement of District DOther P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) East elevation March 2004 *P6. Date Constructed/Age and Sources: -historic 190B/Source: Owner *P7. Owner and Address: Donald A. Nelson 2014 Norh Bush Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: April 21, 2004 *P10. Survey Type: Intensive SUNey *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record o Rock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 25A~12 *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page ~ of -L *CHR Status Code 5S1 *Resource Name or #: McClain House B1. Historic Name: McClain House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *85. Architectural Style: Bungalow/Craftsman *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1908. January 10, 1921. Alter residence. April 7, 1933. Rebuilt two brick flues. September 24, 1936. Reroof. March 3, 1983. Convert portion of bedroom to bath. May 31, 1994. Reroof house only, with tear off. *87. Moved? -No DYes DUnknown Date: *88. Related Features: Original Location: None. B9a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The McClain House is architecturally significant as an intact and representative example of a one-story Craftsman bungalow. According to the current (2004) owner, Donald Alan Nelson, it was constructed between January and July of 1908, and an improvement was first assessed on the property in July 1908. The first listing in the city directories occurred in the 1910 edition, when William H. and Edna McClain were the residents. Mr. McClain worked as a clerk with the Griffith Lumber Company. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps B13. Remarks: McClain House 2014 North Bush Street STReET (See Continuation Sheet 3 of 3.) Sketch Map *814. Evaluator: Leslie J. Heumann ...~ *Date of Evaluation: April 21, 2004 I I ::D I (~) I I ;.; (:~\ ( ,f-:\ I' .Q .....d./ \:..,.' \" ~./ I ! I Ic); I '.. .~ '. (This space reserved for official comments.) In' " J j @I :@ ::: ~ I I - TRACT Q J c-. -.a-u I ~O. I ~ 011" DPR 5238 (1195) *Required information 25A413 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page -L of -L Resource Name or # (Assigned by recorder) McClain House "Recorded by Leslie J. Heumann, SAIC "Date April 21, 2004 [RJ Continuation 0 Update *810. Significance (continued): The McClain House is located in an area north of the original core of Santa Ana and which is now known as the Santa Ana Triangle neighborhood. Bordered by East Santa Clara Avenue on the north, East Seventeenth Street on the south, Interstate 5 on the east and the east side of North Main Street on the west, this neighborhood was initially developed between 1905 and 1910. In 1905, the city directories listed only two residences on Bush Street north of Seventeenth (1901 and 2073), several homes on Main Street which appeared to be primarily on the west side, and no houses on either Spurgeon or French Streets north of Seventeenth. By 1911, the directories indicated that over two dozen homes were occupied on North Bush Street alone. This pattern of development is illustrated in the 1912 plat book, which mapped the lots of the Main Street Tract and the Piley Addition on these streets, in marked contrast to the large agricultural holdings of the adjacent Park Santiago neighborhood. The McClain House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a bungalow with the distinguishing characteristics ofthe Craftsman style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact and representative example of a Craftsman bungalow, ''is a good example of period architecture." The bungalow incorporates the horizontal emphasis, redwood construction, front porch, and architectural detailing typical of the Craftsman style. It possesses a high degree of integrity on both the exterior and interior, including original cabinets and a "California Cooler" in the kitchen. Character- defining exterior features of the McClain House that should be preserved include, but may not be limited to: siding (clapboard) and materials (brick); roof configuration and detailing; massing; windows and doors; porch configuration and detailing; brick chimney; and architectural details (such as the window and door surrounds, porch railing, roof braces, and pur/ins). *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901-1911. DPR 523L 25Ar14 EXECUTIVE SUMMARY BULPITT HOUSE 1719 North Heliotrope Drive Santa Ana, CA 92706 NAME Bulpitt House I REF. NO. ADDRESS 1719 North Heliotrope Drive CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUILT 1935 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT IN/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION I 3 CALIFORNIA REGISTER STATUS CODE 13S Location: 0 Not for Publication [gJ Unrestricted o Prehistoric [gJ Historic o Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows ofleaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The Bulpitt House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as one of the best examples of the Tudor Revival style in Santa Ana (Municipal Code, Section 30- 2.2). EXPLANATION OF CODES: · California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. · California Register Status Code: (From California Office of Historic Preservation, December 8,2003.) 3S: Appears eligible for the National Register as an individual property through survey evaluation. 2trfs State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -L of -L Resource name(s) or number (assigned by recorder) Bulpitt House Pl. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad Date: July 7,2005 *c. Address 1719 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 Block: 092 Lot: 14 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on a double lot at the south end of North Heliotrope Drive, this two-story residence is a remarkable example of the Tudor Revival style. Sheathed in stucco, the house is topped by steeply pitched, cross-gabled roof covered in heavy shakes. Hip-roofed dormers and tall, brick double chimneys add to complexity of the roofline. Decorative half-timbering and areas of randomly laid rock and brick embellish the exterior surfaces. The house is asymmetrically composed, with a two-story, front- gabled projecting wing towards the south end of the fagade. The north rake of the front gable extends in a long, unbroken line nearly to the ground while the south rake is interrupted in two places. An oriel window of copper and diamond-paned leaded glass accents the center of the front gable face. The lower story contains a triple casement window and a single casement window, both also glazed with diamond-paned leaded glass and flanked by shutters. Elevated three steps above ground level, the entry is recessed within a vestibule. The opening features a molded surround, has a segmental arch head, and is enhanced by a label molding and heraldic shields. The paneled wood door is also arched. North of the entry wing, the (See Continuation Sheet 3 of 3,) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure DObject DSite o District DElement of District DOther P5a. Photo P5b. Photo: (view and date) South and west elevations May 2005 *P6. Date Constructed/Age and Sources: -historic 1935/Source: 'qity of Santa Ana Building Permit . *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: May 12, 2005 t.--.. *Pl0. Survey Type: Intensive Survey Update _., *Pll. Report Citation: (Cite survey report and other sources, or enter "none") None, *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) Required information 25A416 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page ~ of ~ *NRHP Status Code 3S *Resource Name or #: Bulpitt House 81. Historic Name: Bulpitt House 82. Common Name: Same 83. Original Use: Single-family Residence 84. Present Use: Single-family residence *85. Architectural Style: Tudor Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1935. July 5, 1935. Residence and garage. August 14, 1952. Addition and alteration to residence. August 2, 2004. Reroof with shake shingles. *87. Moved? -No DYes DUnknown Date: *88. Related Features: Original Location: Garage, mature trees. 89a. Architect: Unknown b. 8uilder: Original house: unknown; 1952: Alison Honer *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Bulpitt House is architecturally significant as an outstanding example of the Tudor Revival style. The house and garage were built in 1935 for John N. Bullpitt, and were valued at $8,500 at the time. Both John Bulpitt and his wife, Zoe Nightingale Bulpitt, were physicians. They met at school, and settled in Santa Ana in 1923. Dr. John Bulpitt was known for his work with tuberculosis, while Dr. Zoe Bulpitt specialized in obstetrics, gynecology, and urology. Their offices were located at 1415 North Broadway. According to the building permit files, the Bulpitts still owned the house in the 1950s. (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (This space reserved for official comments.) Sketch Map ! . 1.3111>' III ir @ i @ ~ ---iO-~--- :: (;) iI iI II @ (See Continuation Sheet 3 of 3.) 813. Remarks: *814. Evaluator: Leslie J. Heumann *Date of Evaluation: May 12,2005 II ; ~ ".;:;.-"--- 1719 N Heliotrope 8ulpitt House CPR 5238 (1/95) *Required information 25A4'17 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page ~ of ~ Resource Name or # (Assigned by recorder) Bulpitt House *Recorded by Leslie J. Heumann *Date May 12,2005 IRI Continuation 0 Update *P3a. Description (continued): fagade is dominated by a rock and brick clad section that contains an arched opening for another diamond -paned window and a small wood door with prominent iron strap hinges, presumably for firewood. South of the entry wing, a side-gabled porte cochere extends over the driveway. Through it, a side-gabled garage is visible. Other than the replacement of the garage doors, the house appears to be substantially unaltered. A large magnolia tree shades the front lawn. *810. Significance (continued): The Bulpitt House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Reaister, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War /I, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War /I years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Bulpitt House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. The design offers a virtual catalog of features associated with the style. It is picturesque and suggestive of home in the medieval English countryside, complete with cottage-like windows, a Gothic-inspired entry, and multiple chimneys. The house also contributes to the historic character of Floral Park through its age, style, scale, and historic association with members of the local professional community. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as one of the best examples of the Tudor Revival style in Santa Ana. All original and restored exterior features of the Bulpitt House are considered character-defining and should be preserved, including, but not limited to: materials and finishes; roof configuration, materials, and detailing; massing; windows and doors; dormers; bays; chimneys; architectural details such as half-timbering, label molding and shields, lighting, etc.); porte cochere; garage; and original landscape features such as the magnolia tree. *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann, Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Oranae Countv Reaister, September 15, 1981. "History of Floral Park." http.J/www.f1oral-park.com/page2.html Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Includina Bioloaical Sketches of Leadina Citizens, Volume I. Whittier, Historical Publishers, 1963 Ball, C. D. Oranae Countv Medical History. Santa Ana: A. G. Flagg, 1926. Santa Ana and Orange County Directories 1935-1956. CPR 523L 25 ^ -18 ~4 NAME Weissman-Flagg House I REF. NO. 61 ADDRESS 1320 North Broadway CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I NEIGHBORHOOD I Willard NATIONAL REGISTER CRITERIA FOR EV ALUA TION I B,C NATIONAL REGISTER STATUS CODE 15S1 Location: D Not for Publication o Unrestricted USGS 7.5" Quad Date: T R of of Sec B.M. D Prehistoric o Historic D Both ARCHITECTURAL STYLE: Bungalow/Craftsman DESCRIPTlON/BACKGROUND RELATED TO PERIOD ARCHITECTURE: Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by the Craftsman (magazine) and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizonta1lines, which reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low-pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. cmlhistoricltemplateslBroadway 1320 N 5/11101 Page 1 of 4 2~)fE~'9 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) December 10, 1945: Convert residence into rest home July 16, 1946: Rear stair to residence December 3, 1959: Enlarge kitchen RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None noted. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) This one and a half-story Craftsman house has many details that are typical of its style. Rectangular in plan, the house has a side gable roof with projecting gable dormers. The roof displays exposed rafter tails, decorative brackets, verge boards and bracing in the gable ends. The half-width covered front porch has battered porch posts with a sawn balustrade rail. The house is clad in horizontal wood board siding with a stone foundation, and the primary window type is double hung wood sash with simple surrounds and shutters (a latter addition). Visible alterations include several aluminum sliding sash windows, as well as a rear second floor balcony addition. The house is in excellent condition, and retains good integrity. HISTORIC HIGHLIGHTS: Constructed in 1911, this house was originally owned by the Weissman family, prominent local merchants. It was purchased around 1917 by the Kredels (Les). By 1924, Alvernis and Nora Flagg owned the house and began the fIrst of many years of residence. Alvernis Flagg was the proprietor of the Flagg Printing Company, a fIxture of the Santa Ana business scene for over fIfty years. Ownership information reflects that the Flaggs no longer reside at this address. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 ofInstructions for Recording Historical Resources, Office of Historic Preservation.) HP2. Single-family property cmlhistoricltemplateslBroadway 1320 N 5/11/01 Page 2 of 4 25A-20 RESOURCES PRESENT: r8J Building D Structure D Object D Site D District D Element of District D Other MOVED? r8J No DYes D Unknown Date: Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defmed by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing through the first three decades of the 20th century, Broadway emerged as a prominent residential corridor and was eventually lined by comfortably scaled homes shaded by rows of street trees. The house is locally significant as a very well articulated example of residential Craftsman architecture, retaining sufficient integrity to convey its original style and period of construction. It is also historically noteworthy for its association with the Weissman and the Flagg families. Character-defming exterior features of the house which should be preserved include, but are not limited to: roof configuration and detailing (verge boards, brackets, stickwork, rafter tails, latticework); stone and wood exterior cladding; porch configuration and posts; and original fenestration where extant. SUMMARY/CONCLUSION: This property is currently listed in the Santa Ana Register of Historical Property. The Weissman-Flagg House has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Craftsman style, which was highly influential during the first quarter of the twentieth century and, as the home of the Weissmans and then the Flaggs, "is associated with a significant person or event in the City of Santa Ana" (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: Mr. James Scott/Mrs. Alberta Scott P.O. Box 4465 Palm Springs, CA 92263 cmlhistoricltemplateslBroadway 1320 N 5/11/01 Page 3 of4 25A-21 RECORDED BY: (Name, affiliation, and address) Leslie Heumann & Liz Carter Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: April 9, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) City of Santa Ana. Santa Ana's Historic Treasures. Les, Kathleen. Historic Resources Inventory 1320 N. Broadway, May 1980. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Department of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Santa Ana's Historic Treasures" EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: April 9, 2001 EXPLANATION OF CODES: · National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) B: that are associated with the lives of persons significant in our past. C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. · National Register Status Code: (From Appendix 2 ofInstructions for Recording Historical Resources, Office of Historic Preservation) 5S1: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. cm\historicltemplateslBroadway 1320 N 5/11/01 Page 4 of 4 25A-22 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE S6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 5, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and James R. and Louise A. Ferrell, (hereinafter referred to as "Owners"), owners of real property located at 2033 North Greenleaf Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2033 North Greenleaf Street, Santa Ana, CA, 927063 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 2~!23 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter I, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 ofthe California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 5, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25A-24 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, 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 the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 25A-25 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement ifit determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 12) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. 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 (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provIsIOns to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City 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 the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the 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 the 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 - 4 - 25A-26 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 the 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. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2033 North Greenleaf Street, Assessor Parcel Number, 002-112-42, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City 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. 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 tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized 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 the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: James R. and Louise A. Ferrell 2033 North Greenleaf Street Santa Ana, CA 92706 - 5 - 25A-27 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 10. General Provisions. 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 ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed 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 the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason ofthe Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, 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 on in any manner whatsoever. e. 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 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 addition to court costs and other relief ordered by the court. f. 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 effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 2rsA-28 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk ofthe Council DAVID N. REAM City Manager PROPERTY OWNERS Date: By: James R. Ferrell Date: By: Louise A. Ferrell APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 25A-29 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 Exhibit A That portion of the southeast quarter of Section 1, Township 5 south, range 10 west, S.B.M. & M., described as follows: Beginning at the northwest corner of the land described in the deed from Abraham Gustlin and wife to Frank Good and wife, recorded May 19th 1927 in Book 45 page 269 of official records; thence easterly along the northerly line of the land described in said deed 168.40 feet to the westerly line of "Tract No. 788, Walnut Drive", as shown on a map recorded in Book 23 page 49 of Miscellaneous maps, records of Orange County, California; thence northerly along westerly line, 59.72 feet, more or less, to the southerly line of the land described as parcel 2 in the deed from Abraham Gustlin and his wife to May Philson and others, recorded December 18, 1928 in Book 232 Page 4 of official records; thence westerly along said southerly line 168.40 feet to the easterly line of Greenleaf Street; thence southerly along the easterly line of Greenleaf Street 60, feet more or less, to the point of beginning. Assessor Parcel No. 002-112-42 2~A-30 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires 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, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, 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 the 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 reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 25A-31 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 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 need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10- 25A-32 Exhibit C (photographs attached) MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 8 Front elevation with six over six double hung windows ..7 ",,': - 11 - 25A-33 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 - 12 - 25A-34 MILLS ACT AGREEMENT 2033 North Greenleaf Street Santa Ana, CA 92706 - 13 - 25A-35 D.. <(- ~ 1 b o Z - ~ o I-------------------~ ~ I <( - g 0) ~ ~ I C\I - o I I- - ~ o Q I ~ ::E: \:J b - a: D.. 8 ~I ~ ~ 0 - 00 <( \::J I ~ W - UJ ~ > l-lz Z ~ - UJ W ~ I UJ W a: - a: a: C I (!J ~ - ::E: I--------------------L 1-- ~I z- ('1)1 ('I) o C\I I @-+ z 25A-36 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE g6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 5, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Donald A. Nelson, (hereinafter referred to as "Owners"), owners of real property located at 2014 North Bush Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2014 North Bush Street, Santa Ana, CA, 927063 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -2g~!3 7 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 5, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner ofnonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance ofthe term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25A-38 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, 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 the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 25A-39 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement ifit determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ~) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. 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 (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any prOVlSlons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City 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 the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the 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 the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach ofthis Agreement. No waiver by 25A-40 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 the 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. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2014 North Bush Street, Assessor Parcel Number, 003-113-08, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City 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. 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 tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized 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 the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: Donald A. Nelson 2014 North Bush STreet Santa Ana, CA 92706 - 5 - 25A-41 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 10. General Provisions. 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 ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed 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 the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason ofthe Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, 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 on in any manner whatsoever. e. 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 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 addition to court costs and other relief ordered by the court. f. 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 effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. ~SA-42 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIAE. HEALY Clerk of the Council DAVID N. REAM City Manager PROPERTY OWNER Date: H / ~ dOO,so BY.av##~. Donald A. Nelson APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 7(/3/00 before me, rA1i!H E Ai A,(,tl( E(.,c;tj/JE Z. (NOTARY) I}. AJ E LSO,J ___ SIGNER(S) ALL-PURPOSE ACKNOWLEDGMENT State of California County of ([)aA-1'\.r~6 On l"J"l< (..~ ( '3 ~-o5 (DATE)' personally appeared h 0 Ut4-LfJ D personally known to me - OR - X.CARMEN M. MElENDEZ( - Camm. # 1473747 U) NOTARY PUBLIC. CALIFORNIA (J) Orange County - My Comm. Expires March 2, 2008 ... ~~~ -4-nw-t:~-dtJ }ss j(J proved to me on the basis of satisfactory ('--'o{j evidence to be the person(~ose name(~ is/~bscribed to the within instrument and acknowledged ~ that ~/t~ecuted the same i~/~authorized capacity(~ and that by his/~ signatures(~n the instrument the person(~ or the entity upon behalf of which the person(~cted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D INDIVIDUAL D CORPORATE OFFICER TlTLE(S) D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(!ES) APA 5199 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER !!' Q) ..c: :s; C. .0 E :J ;; "5 Q, ~ VALLEym ~44369 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 Exhibit A Lot 10 of the Main Street Tract, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 3 Page 20 of Miscellaneous Maps, in the Office of the County Recorder of said County. Assessor Parcel No. 003-113-08 - 8 - 25A-45 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary ofthe Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires 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, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, 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 conj ectural designs or the availability of different architectural elements from the 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 reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 25A-46 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 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 need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10- 25A-47 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 Exhibit C (photographs attached) - 11 - 25A-48 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 - ~5A-49 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 - 13 - 25A-50 MILLS ACT AGREEMENT 2014 North Bush Street Santa Ana, CA 92706 - ~5A-51 D.. <C · :E z o - .... <C o o ..J o .... o J: · D.. >1 .... ll. w =1 W<x tt: · .... en J: en :J m J: . .... tt: o Z ~ ~ o N 1 . 1 . 1 --------------------- . . 1 . 1 o o "<t ...... e e e 1 . 1 . 1 .- · w I~ 8 ~i ~ Lt). I 100 ::::) CO I i cr i · e · ~._._._._._._._._._.! 1 . 1 ~t 25A-52 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE S6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 5, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Sterling B. Mutz, Trustee of Sterling B. Mutz Separate Property Trust and Jane Tuckey, Trustee of the Successor Trustees, of the Jane Tuckey Revocable Trust dated October 8, 1986, (hereinafter referred to as "Owners"), owners of real property located at 1719 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1719 North Heliotrope Drive, Santa Ana, CA, 927063 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new z51JlB~s3 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 5, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25A-54 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing ofthe historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, 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 the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. - 3 - 25A-55 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1'2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. 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 (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any prOVISIons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City 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 the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the 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 the City's regulations governing historic properties are -4- 25A-56 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the 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. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1719 North Heliotrope Drive, Assessor Parcel Number, 002-092-14, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City 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. 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 tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized 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 the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: Sterling B. Mutz, Trustee of Sterling B. Mutz Separate Property Trust and Jane Tuckey, Trustee of the Successor Trustees, of the Jane Tuckey Revocable Trust dated October 8, 1986 2033 North Greenleaf Street Santa Ana, CA 92706 - 5 - 25A-57 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. 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 ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed 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 the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restnctlOns 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 oflaw on in any manner whatsoever. e. 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 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 addition to court costs and other relief ordered by the court. f. In the event that any of the prOVlSlons 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 effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. - 6 - 25A-58 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager PROPERTY OWNERS Date: By: Sterling B. Mutz, Trustee Date: By: Jane Tuckey, Trustee APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 25A-59 MILLS ACT A GREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A Lots 15 and 16 in Floral Park, Tract 748, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 30, pate 9 of the Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-092-14 - 8 - 25A-60 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires 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, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, 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 the 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 reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 9 - 25A-61 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 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 need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10 - 25A-62 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) ~ - 11 - 25A-63 MILLS ACT AGREEMENT 1719 North Heliotrope Drive Santa Ana, CA 92706 - 12 - 25A-64 a.. <C. ~ 1 ~ Z · ~ o I._._._._._._._._._.~ ~ I <C · (J o ...J o I- o :I: a.. w a.. o ~ I- o - ...J W :I: :I: I- ~ r.-.-.-.-.-.-.-.-.-.- Z. 0)1 ~ t-- ~ I . c)l ~ ~; lS · w I a.. · 0 I g: · 0 I -.J . w I I . ~+ 25A-65 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE g6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 5, 2005 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Ernestine Vasquez, (hereinafter referred to as "Owners"), owners of real property located at 1320 North BroadwaySanta Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1320 North Broadway, Santa Ana, CA, 927063 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. t~~6~ MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 5, 2005, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date ofthe Agreement, withdraw its notice to the Owner ofnonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: - 2 - 25A-67 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, 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 the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 25A-68 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 12) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. 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 (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provlSlons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City 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 the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the 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 the 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 25A-69 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 the 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. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1320 North Broadway, Assessor Parcel Number, 398-522-15, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City 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. 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 tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized 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 the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owners: Ernestine Vasquez 1320 North Broadway Santa Ana, CA 92706 - 5 - 25A-70 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 10. General Provisions. 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 ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed 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 the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, 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 on in any manner whatsoever. e. 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 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 addition to court costs and other relief ordered by the court. f. In the event that any of the prOVlSlons 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 effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. - 6 - 25A-71 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager PROPERTY OWNERS Date: By: Ernestine Vasquez APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney - 7 - 25A-72 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 Exhibit A Lot 3 of "W.W. Halesworth's Second Addition to the Town of Santa Ana", in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 25, page(s) 91, of Miscellaneous Records of Los Angeles County. Assessor Parcel No. 398-522-15 - 8 - 25A-73 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires 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, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, 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 the 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 reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 9 - 25A-74 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 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 need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - 10 - 25A-75 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 Exhibit C (photographs attached) - 11 - 25A-76 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 - 12 - 25A-77 MILLS ACT AGREEMENT 1320 North Broadway Santa Ana, CA 92706 - 13 - 25A-78 a.. <C- :e:1 z- o - .... <C o o ..J - o 1 .... - o I~ ~ - $ a.. e 8 01 0 >-~' , ~- ~ L!)I 0 ~ i ~ c - <C 1 o - ~ 1 In 8 8 - ~ r---------------_._.J ..... ~I z. 01 N M ~ o L!) 0'> I'-- ...... . 8 e 1 . 1 I f- 0:: o Z 25A-79 ) 25A-80