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TOWN OF HILLSBOROUGH
San Mateo County
Sophie Cole, Mayor 1600 Floribunda Avenue
Leslie Marden Ragsdale, Vice Mayor Hillsborough, CA 94010 Laurie Davies Adams, Councilmember www.hillsborough.net Marie Chuang, Councilmember Phone 650-375-7400
Christine Krolik, Councilmember
A G E N D A
MONDAY, APRIL 28, 2025
SPECIAL CITY COUNCIL MEETING: STUDY SESSION
6:00 PM
Hillsborough Town Hall
Meetings of the City Council are held in-person in Council Chambers. As a courtesy and technology permitting, this special meeting will also be held virtually via Zoom Video Conference. However, the Town cannot guarantee that the public’s access to the Zoom virtual platform will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue.
In the event a Councilmember is participating remotely under the requirements of Government Code Section 54953 with regard to “just cause” or an “emergency” situation as those terms are defined in the Brown Act, the Town will stop the meeting if there is any technology disruption until such time that the public is reconnected to the live in person meeting and able to provide comment.
To attend the meeting in person:1600 Floribunda Avenue, Hillsborough, CA 94010 To provide Public Comment in person: Members of the public wishing to speak on the Study Session item are requested to complete a yellow speaker card and submit it to the City Clerk. Speakers may speak for up to three minutes.
To participate in the meeting via Zoom Video Conference:
• Log in to the meeting at https://us06web.zoom.us/j/81707077239?pwd=Uq8mouZuKCSqbxosot8h763TzpbB2C.1 • Dial-in via phone:
+1 669 444 9171 US
Meeting ID: 817 0707 7239
Passcode: 222429
To provide Public Comment via Zoom Video Conference: Live verbal public comments may be made on the Study Session item by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the close of the public comment period for the item. In response, the Town will unmute the speaker and allow them to speak for up to three minutes.
I. CALL TO ORDER
II. ROLL CALL
III. STUDY SESSION
40 Baywood Avenue Property Donation Proposal Discussion and Direction, Under CEQA Guideline 15378
IV. ADJOURNMENT
Special Meeting Agenda – Hillsborough City Council
Monday, April 28, 2025
SPECIAL ACCOMMODATIONS:
If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in the City Council meeting, or if you need an agenda in an alternate form, please contact the City Clerk’s Office at 650-375-7412 at least 24 hours before the scheduled City Council meeting.
ADDRESSING THE CITY COUNCIL:
Members of the public may provide written comments to the City Council regarding any item on the agenda up to two hours before the meeting to [email protected] or by mail/in person at 1600 Floribunda Avenue, Hillsborough, CA 94010. Any writings or documents provided to a majority of the City Council regarding any item on this agenda prior to the deadline, except as exempt from public disclosure under applicable law, will be available for public inspection on the Town website, and in the City Clerk’s Office at 1600 Floribunda Avenue, Hillsborough, CA 94010, during regular business hours. All oral comments made at public meetings, including a speaker’s name, are recorded and included as part of the public record in the meeting minutes. Meeting minutes are publicly accessible via the Town website and via various internet search engines. Written comments, including a commenter’s name, are a public record and subject to disclosure on the Town website and/or upon request pursuant to the California Public Records Act (with personal contact information including personal email addresses and personal phone numbers redacted).
AUDIO / VISUAL ADVISORY:
Those persons who wish to use PowerPoint or other mediums when presenting to the City Council will be required to submit media items to the City Clerk by 12:00 p.m. on the day of the meeting. Media items can be emailed to [email protected].
AUDIO OR VIDEO RECORDINGS:
Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.
TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
STUDY SESSION
CITY COUNCIL MEETING
APRIL 28, 2025
AGENDA STAFF REPORT
ITEM SUBJECT: 40 BAYWOOD AVENUE PROPERTY DONATION PROPOSAL DISCUSSION AND DIRECTION, UNDER CEQA GUIDELINE 15378
SUMMARY: At the March 10, 2025 regular City Council meeting, the City Council directed staff to schedule a City Council Study Session in 30-60 days to develop a counter proposal for the 40 Baywood Avenue property. The primary topics of concern in recent discussions have been related to (1) what restrictions or conditions would be imposed on the Town by the Trust and (2) what, if any, endowment would be included in a donation to the Town. On April 23, 2025, the City Council received a revised proposal from the trustee for a lease of up to a maximum of 30 years with conditions on its use (Attachment 2). This report attempts to outline the most recent proposal and the financial and operational considerations associated with it.
Original Intent of Property Owner: Trust and Deed Information It is well documented in both trust documents and recorded videos of Mrs. Lilienthal that it was her intention to donate the property. Specifically, the trust states that the property be distributed to “one or more charitable organizations, including but not limited to municipalities, to retain for tours, celebrations, meetings, events, public use, etc. as may be further defined an any grant of the Property which shall also limit the development of the Property in perpetuity.” According to County records, the property deed (Attachment 1) does not contain any specific restrictions related to the use or ownership. The deed transferred from the Lilienthal Family Trust to the Friends of 40 Baywood Avenue, a California Nonprofit Corporation, in February 2024.
Recent Proposal
Most recently, on April 23, 2025, the trustee sent a revised offer to the City Council via e-mail (Attachment 2), which revises the donation offer to a maximum 30-year lease to the Town and asks that if the Town rejects the offer, that it allow the nonprofit to use the property for “charitable, educational, and community purposes. It also allows private citizens and organizations to make charitable donations and have a limited number of fundraisers.” The reason stated for the revision to the donation offer is based on legislation (AB 721) that was passed in 2021, effective January 1, 2022.
AB 721 makes recorded covenants that limit residential development unenforceable against qualifying affordable housing developments. The law makes any recorded condition, covenant, or restriction that restricts the number, size, or location of residences that may be built on a property, or that restrict the number of persons or families who may reside on a property, unenforceable against the owner of a 100 percent Below Market Rate (BMR) housing development that is affordable to lower-income households. It is important to note that this law does not authorize -1-
Agenda Staff Report - Hillsborough City Council
April 28, 2025
development inconsistent with local zoning or a general plan so the underlying zoning or general plan designation must allow for the housing being proposed.
If the Town was to become the owner of the land and proposed a 100 percent below market rate housing development on the site, and the Town changed the zoning and General Plan designation to allow for multifamily housing on the site, then it is possible any restriction imposed on the property prohibiting multifamily housing would be unenforceable against the Town.
Previously, the trustee had made various offers for both a lease and donation with conditions and the City Council had inquired regarding information related to financial statements related to any endowment that would accompany the property donation as well as building permit history to show what improvements have been made to the property. No substantive records were received by the Town upon inquiry.
The trustee has reached out to Town officials several times to discuss the Town’s future involvement in the property. The subject of 40 Baywood has been discussed at the following past City Council meetings since the initial presentations to the City Council in June and July 2020:
November 13, 2023: The City Council reviewed a proposed lease agreement and directed to not pursue the lease agreement
November 12, 2024: The City Council directed staff to bring the item back at the January City Council meeting with the Trustee present for City Council discussion; in the meantime, request financial information from the Trustee; and if feasible and with cooperation of the Trustee, inspect the building and property in its current condition.
January 13, 2025: The City Council discussed whether to provide direction to staff to negotiate the terms on which to accept the donation; the City Council did not provide direction at that time.
FISCAL IMPACT: There is no fiscal impact associated with this agenda item at this time.
ENVIRONMENTAL ISSUES: The proposed discussion and direction on this item are exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.
ATTACHMENTS:
1. Property Deed Documents
2. Most Recent Lease Proposal (4/23/2025)
PREPARED BY: Doug Davis, City Manager
RECOMMENDATION: Discuss and provide direction to the City Manager regarding 40 Baywood. -2-
ATTACHMENT 1
WHEN RECORDED, RETURN TO:
DOC~ 2001-016699
02/08/2001 04:llP CE Fee : 13.00
Recorded in Official Records
County of San Mateo
Uarren Slocum
Assessor-County Clerk-Recorder
CARR, McCLELLAN, INGERSOLL, THOMPSON & HORN
Professional Corporation ··rn i!iil1~11~·1i11 l~ii~Jiji11111111111111111111 Steven D. Anderson, Esq.
P.O. Box 513
Burlingame, CA 94011-0513
MAIL TAX STATEMENTS TO:
Thelma P. Lilienthal, Trustee
40 Baywood A venue
Hillsborough, CA 94010
APN: 032-431-210 and 032-431-200
AMOUNT Of TAX DUE slfod,c- COMPIITED ON TOTAL VAWE Of
Ill CGIISIDWnolL
Al t::JO'l.. 5 ( G ,J(:p
fillllaale
GRANT DEED 1/
The undersigned Grantor declares under penalty of perjury that the following is true and correct:
Documentary transfer tax is: $ -0- (Transfer without consideration - transfer from a trust to a subtrusts for the benefit of the grantor.)
GRANTOR: THELMA P. LILIENTHAL, as Trustee of THE LILIENTHAL FAMILY TRUST under Trust Agreement dated September 24,
1991, as amended,
HEREBY GRANTS TO: THELMA P. LILIENTHAL, as Trustee of TRUST A under THE LILIENTHAL FAMILY TRUST dated September 24, 1991, as
amended,
that certain real property situated in the City of San Mateo and Town of Hillsborough, County of San Mateo, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
Commonly known as: 40 Baywood Avenue, Hillsborough, CA 94010 Dated: January 31, 2001.
~F:~ ~P~ENTHAL, Trustee
Document Number: 2001-016699 Page: 1 of 3
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ATTACHMENT 1
ST ATE OF CALIFORNIA )
) ss.
COUNTY OF SAN MATEO )
On January 31, 2001, before me, the undersigned Notary Public, personally appeared THELMA P. LILIENTHAL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary
iltZ<
Public,
~ State of California
ascot ,as••••l
11111111111111111111111111111111111111111111111 !1111111 2001-016699
02/08/2001 04:11P
OE Page : 2 of 3
Document Number: 2001-016699 Page: 2 of 3
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ATTACHMENT 1
EXHIBIT A
All that real property located in the City of San Mateo and Town of Hillsborough, County of San Mateo, State of California, more particularly described as:
BEGINNING at the point of intersection of the center line of Baywood A venue and El Cerrito Road, as same are shown on the Map entitled "Map No. 1 El Cerrito Park, a portion of the Bowie Estate San Mateo Co." filed in the office of the Recorder of the County of San Mateo, State of California, on November 15, 1895 in Book "A" of Maps at page 52 and a copy entered in Book 2 of Maps at page 74; thence from said point on and along the center line of El Cerrito Road North 80° 30' West 100 feet, North 68° 45' West 71.8 feet, North 54° 9' West 100 feet, North 40° 7' West 43.8 feet; thence leaving said El Cerrito Road South 38° 45' West 258.6 feet to stake; thence South 31 ° 18' West 181.8 feet to a 2" x 4" stake; thence South 58 ° 42' East, parallel with and on the southwesterly side of a private walk or avenue 350. 7 feet to a point in the center line of Baywood A venue; thence on and along the center line ofBaywood Avenue North 41 ° 13' East 133 feet; North 35° 13' East 142 feet; North 23 ° 30' East 100 feet; North 9° 30' East 100 feet to the center line of El Cerrito Road and the point of beginning.
17938.00001\BGLIBl\1082465. I
1111111111111111111111 IIIIIII Ill lllllll Ill 1111111111111 2001-016699
02/08/2001 04 : 11P
DE Pa11• : 3 or 3
Document Number: 2001-016699 Page : 3 of 3
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ATTACHMENT 1
,,
RECORDING REQUESTED BY:
Juliette D. Nguyen
Attprney at Law
WHEN RECORDED MAIL TO:
Juliette D. Nguyen
Aaron, Riechert, Carpal & Riftle, APC
900 Veterans Blvd., Suite 600 •
Redwood City CA 94063
Parcel Number(s): 032-431-210 &
032-431-200
Commonly Known As:
40. Baywood A venue, Hillsborough, CA
2017-041751
11 :20 am 05115117 AD Fee: 33.00
Count of Pages 7
Recorded in Official Records
County of San Mateo
Mark Church
1111111iium1mn~m,1m~rnHi11111111
* R O O O 2 3 9 5 3 9 8 *
AFFIDAVIT CHANGE OF TRUSTEE 7;
STATE OF CALIFORNIA
COUNTY OF SAN MATEO
• The undersigned, T. Anne Lassahn, Trustee oflegal age, being first duly sworn, deposes and says:
I
1. Thelma P. Lilienthal and Jesse W. Lilienthal, as trustors, entered into the Lilienthal Family Trust dated September 24, 1991, and also acted as the initial trustees therein.
2. Jesse W. Lilienthal died on July 4, 1997. An Affidavit Death of Trustee was executed on February 10, 1998, and was recorded in the Office of the Recorder of San Mateo County on February 11, 1998, as Document Number 98-018485. Upon Jesse W. Lilienthal's death, the trust was divided into Trust A and Trust B, wherein Thelma P. Lilienthal was the trustee and trustor of Trust A. Said Trust A was restated on March 10, 2017, pursuant to a substituted judgment Order of the San Mateo Superior Court. Thelma P.
Lilienthal, trustee of Trust A under the Lilienthal Family Trust, is the same person as Thelma P. Lilienthal, named in the Grant Deed executed on January 31, 2001, and recorded in the Office of the Recorder of San Mateo County on February 8, 2001, as Document Number 2001-016699.
3. On March 10, 2017, the Superior Court of California, County of San Mateo, appointed T. Anne Lassahn, as trustee of Trust A under the Lilienthal Family Trnst dated September 24, 1991, as restated, evidenced by a celiified copy of the order of same date, attached hereto.
4. Further, said Trust A provides in the paragraph Section 8. TRUSTEE MANAGEMENT POWERS commencing on page eight (8), that the trustee shall have the powers to sell, convey, exchange, or otherwise invest and reinvest the trust prope1iy and other powers as set forth in said Trust Agreement.
FOR LEGAL DESCRIPTION SEE ATTACHED EXHIBIT "A"
MAIL TAX STATEMENTS TO: T. Anne Lassahn
341958.1
2075 Pioneer Court
San Mateo, CA 94403
Document Number: 2017-041751 Page: 1 of 7
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ATTACHMENT 1
I declare under penalty of perjury under the laws of th~ State of California that the foregoing is true and correct.'
EXECUIBD on 61:!f S, d,p; 7 . at~'.;wJ Jn,j t'..o , California.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accurac , or validi of that document.
STATE OF CALIFORNIA
COUNTY OF SAN MATEO
SUBSCRIBED AND SWORN c or affirmed) to before me this cS1ti day of mf!M- 20 Ir , by T. Anne ½assahn, proved to me on the basis of satisfactory evidence to be the person( who appeared before me.
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341958.1
•••••
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ATTACHMENT 1
341958.1
EXHIBIT "A"
All that real property located in the City of San Mateo and Town of Hillsborough, County of San Mateo, State of California, more particularly described as:
Beginning at the point of intersection of the center line of Baywood A venue and El Cerrito Road, as same are shown on the Map entitled "MAP NO. 1 EL CERRJTO PARK, A PORTION OF THE BOWIE ESTATE SAN MATEO COUNTY", filed in the Office of the Recorder of the County of San Mateo, State of California, on November 15, 1895 in Book "A" of Maps at page 52 and a copy entered in Book 2 of Maps at page 74; thence from said point on and along the center line of El Cerrito Road North 80° 30' West 100 feet, North 68° 45' West 71.8 feet, North 54° 9' West 100 feet, North 40° 7' West 43.8 feet; thence leaving said El Cerrito Road South 38° 45' West 258.6 feet to stake; thence South 31 ° 18' West 181.8 feet to a 2" x 4" stake; thence South 58° 42' East, parallel with and on the Southwesterly side of a private walk or avenue 350. 7 feet to a point in the center line of Baywood A venue; thence on and along the center line of Baywood Avenue North 41 ° 13' East 133 feet; North 35° 13' East 142 feet; North 23° 30' East 100 feet; North 9° 30' East 100 feet to the center line of El Cerrito Road and the point of beginning.
APN: 032-431-210 and 032-431-200
Commonly Known As: 40 Baywood A venue, Hillsborough, California Document Number: 2017-041751 Page: 3 of 7
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ATTACHMENT 1
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1 • Juliette D. Nguyen (SBN 209167)
Joseph E. Gruber, Jr. (~BN 300182) .
2 AARON~ RIECHERT, CARPOL & RIFFLE, APC
900 Veterans Blvd., Suite 600
FILED SAN MATEO COUNTV
MAR li O i0\7
3 Redwood City, CA 94063
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Telephone:
4 (650) 368-4662
Facsimile: (650) 367-8531
(::=- · . - . - . Email: [email protected]
5 Attorneys for Petitioner, T. Anne Lassahn, Temporary
6 Conservator and Temporary Trustee
I ORD
Order
7 413924
8 9
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14 15
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28 i Ill I llllllllllllllllllllllllllllll \. llllll SUPERIOR COURT OF THE ST A TE OF CALIFORNIA
COUNTY OF SAN MA TEO
Conservcrtorship
IN THE MATTER OF THE
Of
Of The Person And Estate
Thelma P. Lilienthal, aka
Thelma Lilienthal, aka
Terry Lilienthal, aka
Terry P. Lilienthal
Conservatee.
Case No.: PRO127104
ORDER GRANTING PETITION
SUBSTITUTED
FOR
JUDGMENT
MODIFY TRUST
TO (1)
FAMILY
A OF THE LILIENTHAL
TRUST; (2) CREATE
OVER WILL;
POUR
AND
GIFTS;
(3) MAKE ANNUAL
PETITION
AUTHORIZE
TO APPROVE AND
EXECUTION
ATTORNEY FOR HEALTH
OF POWER OF
FOR FINANCES
CARE AND
Date:
Time: March 10, 201 7 9:00 a.m.
Dept.: 28 - Probate
The verified the Petition for Substituted Judgment to (1) Modify Trust A of the Lilienthal Family Trust; (2) Create Pour-Over Will; and (3) Make Annual Gifts; Petition to Approve and Authorize Execution of Power of Attorney for Health Care and for Finances ("Petition") filed by T. Anne Lassahn, temporary conservator of the person and estate of Thelma P. Lilienthal and temporary trustee of Trust A under the Lilienthal Family Trust under Tr.1st Agreement dated September 24, 1991, as amended, and Trust B under the Lilienthal Family Trust under Trust Agreement dated September 24, 1991, as amended, came on regularly to be heard on the above date at 9:00 a.m. in the Probate Department of the Superior Court of San Mateo County, California, the HonorabltQEORGE A. MIRAM presiding. Proof having been made to the satisfaction of the Court, the Court finds that all of 296957.1
ORDER GRANTING PETITION FOR SUBSTITUTED JUDGEMENT
N ber 2017-041751 Page: 4 of 7 Document um •
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ATTACHMENT 1
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the allegations of Petitioner's petition are true and correct, all notices have been given as required by law, and that services have been performed by Petitioner, excepting notice to Alon Geva, Carmen Correa and Rebecca Long. The court further finds that:
1. The Conservatee does not oppose the proposed action (Probate Code §2582(a));
11. The Conservatee's estate remaining after the proposed action is taken will be adequate to provide for her needs, taking into account the Conservatee's age, physical condition, standards of living, and all other relevant circwnstances of the Conservatee (Probate Code §2582(b)); iii. There is no right to an evidentiary hearing pursuant to Conservatorship of McElroy;
1v. Irreparable injury will occur if this order is not immediately complied with;
v. There is no stay of judgment pursuant to Pro bate Code section 131 0; and
v. California Rules of Court, Rule 7.903 does not apply to the Restated Trust A.
Based on the foregoing findings, the Court orders, adjudges and decrees as follows:
1. The court aut~orizes T. Anne Lassahn, as temporary conservator of the estate, to execute the restated Trust A under the Lilienthal Family Trust attached as Confidential Second Revised Exhibit 1 to Proposed Estate Plan In Support of Petition for Substituted Judgment, et. al.;
2. . T. Anne Lassahn is confirmed trustee of Trust A under the Lilienthal Family Trust;
3. Trustee bond for Trust A under the Lilienthal Family Trust is set at $9,000,000.00.
296957.1
4. 5.
T. Anne Lassahn, trustee, is directed to file annual accountings with the court; The court authorizes T. Anne Lassahn, as temporary conservator of the estate, 2 ORDER GRANTING PETITION FOR SUBSTITUTED JUDGEMENT
Document Number: 2017-041751 Page: 5 of?
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ATTACHMENT 1
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28 to execute the Will of Thelma P. Lilienthal attached as Exhibit 2 to the Confidential Proposed Estate Plan In Support of Petition for Substituted Judgment, et. al.;
6. The Court authorizes Thelma P. Lilienthal to complete and execute the advance health care directive attached as Exhibit 3 to the Confidential Proposed Estate Plan In Support of Petition for Substituted Judgment, et. al., and T. Anne Lassahn is confim1ed the health care agent for Thelma P. Lilienthal;
7. The Court authorizes Thelma P. Lilienthal to execute the durable power of attorney for finances attached as Exhibit 4 to the Confidential Proposed Estate Plan In Support of Petition for Substituted Judgment, et. al., and T. Anne Lassahn is confirmed the agent for financial management for Thelma P. Lilienthal;
8. The Court orders that the four estate planning docwnents delineated above cannot be amended or revoked without court approval; and
9. The Court directs T. Anne Lassahn, as trustee of Trust A, to make anriual gifts not exceeding $2,500.00 per donee per year as directed by Thelma P. Lilienthal to individuals providing (or within the prior year have provided) care or other services to Thelma P. Lilienthal.
10. The Court authorizes and directs T. Anne Lassahn, as temporary conservator of the estate and trustee of Trust A, to comply with this order, notwithstanding any appeal, as provided under Probate Code § 131 0(b ).
11. The Court dispenses with notice of the Petition for Substituted Judgement, et. al., to Alon Geva, Carmen Correa and Rebecca Long.
Dated:
296957.1
----- - ------ MAR I O 201? ~/.~
JUD~ THE SUPERIOR COURT
3 ORDER GRANTfNG PETITlON FOR SUBSTITUTED JUDGEMENT
Document Number: 2017-041751 Page: 6 of 7
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ATTACHMENT 1
STATE OF CALIFORNIA } COUNfY OF SAN MATEO SS.
I, Rodina M. Cl!lllano, lhc Clerk of the Supcrim Court of lhc above entitled County, do horcby certify tho! lhe fon,going Is • full, true and corTeet copy of lhe origin.al on file in my office, and Iha! I have carofully compm IIAllle wilh the original. Witnm my hJlnd and ae&l of uld Superior Court Document Number: 2017-041751 Page: 7 of 7
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ATTACHMENT 1
RECORDING REQUESTED BY:
Juliette D. Nguyen
Attorney at Law
WHEN RECORDED MAIL TO:
Juliette D. Nguyen, Esq.
Aaron, Riechert, Carpal & Riffle, APC
333 Twin Dolphin Dr. Ste 350
Redwood City CA 94065
Parcel Number(s): 032-431-210 &
032-43 I -200
Commonly known as
40 Baywood A venue. Hillsborough1 CA
AFFIDAVIT DEATH OF SETTLOR
2023-010866
csc,
8:12 am 03/13/2023 AD Fee: $176.00
Count of Pages 4
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-County Clerk-Recorder
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UNDER TRUST AGREEMENT DATED SEPTEMBER 24, 1991, AS AMENDED AND RESTATED
ST ATE OF CALIFORNIA
COUNTY OF SAN MATEO
The undersigned, T. Anne Lassahn, Trustee of legal age, being first duly sworn, deposes and says:
1. Thelma P. Lilienthal and Jesse W. Lilienthal, as Trustors, entered into the Lilienthal Family Trust dated September 24, 1991, and they both served as the initial Trustees therein.
2. Jesse W. Lilienthal died on July 4, 1997. An Affidavit Death of Trustee was executed on February 19, 1998 and recorded in the Office of the Recorder of San Mateo County on February 11, 1998, Document No.: 98-018485. Upon Jesse W. Lilienthal's death, the trust estate was divided into a revocable trust entitled Trust A under the Lilienthal Family Trust dated September 24, 1991 ("Trust A") and an irrevocable exemption trust entitled Trust B established under the Lilienthal Family Trust on September 24, l 991 ("Trust B"). Thelma P. Lilienthal was the sole trustee and trustor of said trusts.
3. T. Anne Lassahn was appointed as trustee of said Trust A on July 22, 2016 and later confirmed as trustee on March 10, 2017 by Order of the Superior Court of California, San Mateo County, Case No.:
PRO0127104. An Affidavit Change of Trustee was executed on May 5, 2017 and recorded in the Office of the Recorder of San Mateo County on May 15, 2017, Document No.: 2017-041751.
4. Said Trust A was modified and restated pursuant to the orders of the Superior Court of California, San Mateo County, Case No.: 18-PRO-00774. Thelma P. Lilienthal executed the operative restatement of Trust A on September 28, 2022 pursuant to an Order to modify said Trust A.
5. Thelma P. Lilienthal, died on February 15, 2023. That Thelma P. Lilienthal, the decedent named in the attached certified copy of Certificate of Death is the same Thelma P. Lilienthal named as Sett I or of said Trust A, as restated, and is the same person as Thelma P. Lilienthal named in the Grant Deed executed on January 31, 2001 and recorded in the Office of the Recorder of San Mateo County on February 8, 2001, Document No.: 2001-016699.
6. Further, said Trust A provides in Section 7. TRUSTEE MANAGEMENT POWERS, commencing on page six (6), that the trustee shall have the powers to sell, convey, exchange, or otherwise invest and reinvest the trust property and other powers as set forth in said Trust A.
FOR LEGAL DESCRIPTION SEE ATTACHED EXHIBIT "A"
MAIL TAX STATEMENTS TO: T. Anne Lassahn
1884330.1
2075 Pioneer Court
San Mateo, CA 94403
Document Number: 2023-010866 Page: 1 of 4
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ATTACHMENT 1
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
' \. -\ ~ r) nor,,,.., ,_0_\ ()\r\ " '\(_} -eo··
EXECUTED on \, {, \'(( r \ l. L :__ , ) at '11 1 \V I , California. ------------' - - ------- --- ->2~·•·
T. Anne Lassahn, Trustee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accurac , or validi of that document.
STA TE OF CALIFORNIA
COUNTY OF SAN MA TEO
SUBSCRIBED AND SWORN (or affim1ed) to before me this 1- day of Mew ch 2Cfi :s ----- Lassahn, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
J ii;,;;;,:;.;.:.:..:.:. I - • Notary Public • California • i • San Mateo County :s • Commission # 2370953 - '• ... ~ My Comm. Expires Aue 16, 2025
1884330. 1
Document Number: 2023-010866 Page : 2 of 4
, byT. Anne
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ATTACHMENT 1
1884330.1
EXHIBIT A
All that real property located in the City of San Mateo and Town of Hillsborough, County of San Mateo, State of California, more particularly described as follows:
Beginning at the point of intersection of the center line ofBaywood Avenue and El Cerrito Road, as same are shown on the Map entitled "MAP NO. 1 EL CERRITO PARK, A PORTION OF THE BOWIE ESTATE SAN MATEO COUNTY", filed in the Office of the Recorder of the County of San Mateo, State of California, on November 15, 1895 in Book "A" of Maps at page 52 and a copy entered in Book 2 of Maps at page 74; thence from said point on and along the center line of El Cerrito Road North 80° 30' West 100 feet, North 68° 45' West 71.8 feet, North 54° 9' West 100 feet, North 40° 7' West 43.8 feet; thence leaving said El Cerrito Road South 38° 45' West 258.6 feet to stake; thence South 31 ° 18' West 181.8 feet to a 2" x 4" stake; thence South 58° 42' East, parallel with and on the Southwesterly side of a private walk or avenue 350. 7 feet to a point in the center line of Baywood A venue; thence on and along the center line ofBaywood Avenue North 41 ° 13' East 133 feet; North 35° 13' East 142 feet; North 23° 30' East 100 feet; North 9° 30' East 100 feet to the center line of EI Cerrito Road and the point of beginning.
APN: 032-431-210 & 032-431-200
Commonly Known As: 40 Baywood A venue, Hillsborough, California Document Number: 2023-010866 Page : 3 of 4
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ATTACHMENT 1
. . . .. .. . . .
C.OlJNTY OF SAN >MATEO . . . .
HEALTH SYSTEM
SAN MATEO, CALIFORNlk
P~C?:{lw-,·)_D:lfl
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ATTACHMENT 1
2024-008242
Recorded at the Request of and
When Recorded Mail to:
csc,
11:38 am 02112/2024 DE Fee: $170.00
Count of Pages 2
Kenneth H. Horowitz
Recorded in Official Records
County of San Mateo
Aaron, Riechert, Carpal & Riffle, APC
333 Twin Dolphin Dr. Ste 350
Redwood City CA 94065
Mark Church
Assessor-County Clerk-Recorder
I IIIII I I IIIIII Ill lllll lllll lllll lllll lllll lllll lllll lllll 111111111111111111 Mail Tax Statements to: * $ R O O O 3 4 3 8 0 4 2 $ *
Friends of 40 Baywood A venue
2075 Pioneer Court
San Mateo, CA 94403
(space above line for Recorder's use]
A.P.N. 032-431-200 and 032-431-210
GRANT DEED
Without any consideration, T. Anne Lassahn, as Trustee of Trust A under the Lilienthal Family Trust dated September 24, 1991, hereby grants to Friends of 40 Baywood Avenue, a California Nonprofit Corporation, all of the right, title and interest in and to the real property situated in the County of San Mateo, State of California, commonly known as 40 Baywood Avenue, and described as follows:
Beginning at the point of intersection of the center line of Baywood Avenue and El CetTito Road, as same are shown on the Map entitled "MAP NO. 1 EL CERRJTO PARK, A PORTION OF THE BOWIE EST ATE SAN MATEO COUNTY", filed in the Office of the Recorder of the County of San Mateo, State of California, on November 15, 1895 in Book "A" of Maps at page 52 and a copy entered in Book 2 of Maps at page 74; thence from said point on and along the center line of El Cerrito Road North 80° 30' West 100 feet, North 68° 45' West 71.8 feet, North 54° 9' West 100 feet, North 40° 7' West 43.8 feet; thence leaving said El Cerrito Road South 38° 45' West 258.6 feet to stake; thence South 31 ° 18' West 181.8 feet to a 2" x 4" stake; thence South 58° 42' East, parallel with and on the Southwesterly side of a private walk or avenue 350.7 feet to a point in the center line of Baywood A venue; thence on and along the center line of Baywood Avenue North 41 ° 13' East 133 feet; North 35° 13' East 142 feet; North 23° 30' East 100 feet; North 9° 30' East 100 feet to the center line of El Cerrito Road and the point of beginning.
Grantor declares that the Documentary Transfer Tax is NONE; this conveyance is a transfer from a living trust to a beneficiary upon the death of the Trustor and Grantor received nothing in return (R&T 11930). The City of San Mateo Real Property Conveyance Tax is None; a no consideration transfer is not subject to tax (SMMC 3.48.030(8)).
DA TED: February .fe_, 2024
. Anne Lassahn, Trustee of Trust A under the
Lilienthal Family Trust
MAIL TAX ST A TEMENTS AS DIRECTED ABOVE
2183043.1
Document Number: 2024-008242 Page: 1 of 2
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ATTACHMENT 1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STA TE OF CALIFORNIA
COUNTY OF~&! 1
1 MlituJ
)
) ss.
)
Ob, , i-,,_1,<irc. fVIC! nt, Ol~ On February _0_- , 2024, before me, _J_1.,_v ___ '_ 1 ______ , a Notary Public, personally appeared T. Anne}<~ssahn, who proved to me on the basis of satisfactory evidence to be the ~-son(s) whose name(sti§fare subs_9ri.Qed to the within instrument and acknowledged to)ll,e that he/~they executed the same in his~their authorized capacity(ies), and that by his~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
W!TNESSfflnci~
Signature -~-1+-+---1f-_.__-y-/ ______ (Seal)
21830-13.1
Document Number: 2024-008242 Page: 2 of 2
········i
JENICE MARIE DOWHEHD
MoUry Public• CJllfornia z
S.n Molt~ County f:
Commission# 2377006 -
y Comm. Explrt1 S~ JO, 2025
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ATTACHMENT 2
From: Anne Lassahn <[email protected]>
Sent: Wednesday, April 23, 2025 11:22 AM
To: Sophie Cole <[email protected]>; Christine Kralik <[email protected]>; Marie Chuang <[email protected]>; Leslie Ragsdale Laurie Adams Subject: 40 Baywood: Update for the April 28th, 2025 City Council Meeting/Study Session Dear Mayor Cole & Town Council:
At the March 10, 2025 Town Council meeting when the Council considered the potential gift of 40 Baywood, several Council members pondered the definition of the word "gift", and felt that a true gift would be one without strings. It was said that if the Town were to accept the gift of 40 Baywood and take on the commitment of owning and paying for it, the Town should have it with no strings attached and with the ability to parcel, sell off or develop parts of it and further, the new law AB 721 that just went into effect to remove barriers to affordable housing effectively prevents deed restrictions and would nullify such restrictions anyhow. Since that meeting, I have consulted Peter Riechert, a seasoned Real Estate attorney who is a senior partner of the law firm of Aaron, Riechert, Carpal and Riffle. He and his associate have studied this new law in detail and agreed with the Council's statement that deed restrictions would not protect 40 Baywood from future development, parceling or sale. He also determined that the 99-year lease offered to the Town would not protect the Property from development, parceling or sale either.
Mrs. Lilienthal was very clear in her stated wishes (Section 5.2 of her Trust that was circulated to the Town Council via email earlier this year) that 40 Baywood would be used for "tours, celebrations, meetings, events, public use, etc. as may be further defined as any grant of the Property which shall also limit the development of the Property in perpetuity." She was clear that this was a civic gift with strings attached: the partner selected would enjoy use and revenue from the Property in exchange for preservation of the trees, pond and structures; open the Property to the community; and work with the Trust (now charitable organization) to maintain the Property and her vision.
Unfortunately, AB 721 has changed the landscape, so the charitable organization that now owns 40 Baywood, can no longer offer full ownership or the 99-year lease to the Town of Hillsborough. What can be offered is a shorter- term lease of 5-30 years (whichever the Town may prefer) again at $1 /year and with the Town having full access and use to both parcels. If the 5-30 year lease term is not amenable to the Town, then I respectfully request that the Town allow the 501 c3 to run and operate 40 Baywood similarly to how the Carolands Mansion is run. I know there was some question about tax-exempt status of the newly formed 501 c3 Friends of 40 Baywood Avenue. I have attached a copy of the IRS Determination Letter for your reference. The 501 c3 allows for both parcels to be tax exempt and not have the obligation of property taxes so long as the Property is being used for charitable, educational and community purposes. It also allows private citizens and organizations to make charitable donations and have a limited number of fund raisers.
1 -19-
ATTACHMENT 2
I am deeply saddened and profoundly disappointed by the ramifications of AB 721. Though I agree affordable housing should be available, nonetheless, my fiduciary duty requires that I follow Mrs.
Lilienthal's written instructions to do all that I can to preserve the Estate at 40 Baywood. I was optimistic about what her gift could mean for the Town, the community and her memory, but this new law significantly curtails what is even possible. I sincerely hope that the Town Council may find it more appealing to have a shorter-term commitment to 40 Baywood. It may prove to be incredibly useful to the Town during the construction of the new Town Hall. I very much look forward to your reply on how we can best proceed to share this wonderful haven with the community.
Sincerely,
Anne Lassahn
T. Anne Lassahn, M.P.A., C.L.P.F
Professional Fiduciary - License #PF96
Lassahn Fiduciary Services
Main Office
2075 Pioneer Ct
San Mateo, CA 94403
Ph : 650-578-9030
Fa x: 650-578-9050
Palo Alto Office
125 University Ave, Suite 130
Palo Alto, CA 94301
[email protected]
http://lassahnfiduciary.com/
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