HomeMy WebLinkAboutPR 20339: GRANTING OF EASEMENT FOR ROSEHILL MANOR ,, City of -. 4 1 f,,-r rthu r Robert A."Bob"Bowers Civic Center www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 13, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Adam J Saunders, Civic Center Director RE: Granting of easement for Rosehill Manor Introduction: The intent of this Agenda Item is for the City Manager authorization to grant an easement to the Texas Historical Commission of Rose Hill Manor, located at 100 Woodworth Boulevard, in consideration of funds made available through the Texas Preservation Trust Fund Grant Program. The purpose of this easement is to protect the historic property by restricting changes or development to the property, such as a façade or the exterior of the building. The easement specifies what portions of the property are protected, how long the protections remain in effect, and what controls or reviews are required for proposed changes. Any alterations will need to be sent to the Texas Historical Commission (THC) for approval before the project is started. However, non-historic interior spaces of the building can be altered without review from THC. Background: In July of 2017, the City Council approved Resolution # 17-174 authorizing the City Manager to apply for the Texas Historical Commission Texas Preservation Trust Fund grant for funding to go towards repairs to Rosehill Manor. The Texas Historical Commission approved this application. As part of the acceptance of this grant, an easement is required to the Texas Historical Commission of Rose Hill Manor. This resolution grants this required easement. Budget Impact: No budget impact Recommendation: It is recommended that City Council approve the City Manager to grant an easement of Rose Hill Manor to the Texas Historical Commission, as discussed and outlined above. "Remember,we are here to serve the Citizens of Port Arthur" 3401 Cultural Center Drive X Port Arthur,Texas 77642 X 409.985.8801 P.R. No. 20339 7/31/18 AJS PAGE 1 of 3 RESOLUTION NO. A RESOLUTION GRANTING AN EASEMENT TO THE TEXAS HISTORICAL COMMISSION OF ROSE HILL MANOR, LOCATED AT 100 WOODWORTH BOULEVARD, IN CONSIDERATION OF FUNDS MADE AVAILABLE THROUGH THE TEXAS PRESERVATION TRUST FUND GRANT PROGRAM. WHEREAS, on July 11, 2017 the City Council approved Resolution No. 17-174 authorizing the City Manager to apply for the Texas Historical Commission Texas Preservation Trust Fund Grant for funding for repairs to Rosehill Manor; and WHEREAS, the purpose of the grant is for historic preservation and sustainability of historic sites; and WHEREAS, the Texas Historical Commission has awarded the City of Port Arthur the requested project amount of$13,800.00; and WHEREAS, the proposed easement is required in the acceptance of the Texas Historical Commission Texas Preservation Trust Fund Grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct. THAT, the City Manager is hereby authorized to grant an easement to the Texas Historical Commission of Rose Hill Manor, located at 100 Woolworth Boulevard, in consideration of funds made available through the Texas Preservation Trust Fund Grant Program, in substantially the same form as attached hereto as Exhibit "A". THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of July, 2018, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: Councilmembers: P.R. No.20339 7/31/18 AJS/gt PAGE 3 of 3 EXHIBIT "A" . cXAS HISTORICAL COMMISSIt,N real places telling real stories February 27,2018 C 0 py Adam Saunders City of Port Arthur P.O. Box 1089 Port Arthur,TX 77640 Re: Rose Hill Manor(1'1'TF #: 18-006-D-0),Texas Preservation Trust Fund (TPTF) Preservation Easement Dear Mr. Saunders: All TPTF development projects will be required to grant an easement to ensure the long- term preservation of the grant-assisted property. The easement must be recorded with the county clerk's office and is enforceable by the State of Texas. To finalize the easement document,please refer to the enclosed handout on the easement process. Once Attachment A and B are prepared, sign the easement document and transmit the document and attachments to the THC (Attention: Lisa Harwell) for our signature. For reference, I have included two examples of Attachment B. The THC will attach the scope of work for Attachment C. Once signed by the THC, the original document will be returned to you. To finalize the easement, the easement will be recorded by the county clerk's office. You should transmit a copy of the original easement with the county's filing stamp to the THC (Attention: Lisa Harwell) for its records. You should place a photocopy of the recorded easement in the grant manual binder behind the appropriate tab. Please feel free to contact your project reviewer,Lydia Woods at 512.463.9122,with any questions. We look forward to working with you on this project. S' cerely, '�r t Li a Harwell TPTF Grant Program Coordinator Architecture Division 512.463.6047 1 GREG ABBOTT, GOVERNOR •JOHN L. NAIL, III, CHAIR •MARX WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 •AUSTIN, TEXAS •78711-2276•P 512.463.6100 •F 512.475.4872•thc.texas.gov TEXAS HISTORICAL COMMISSION Texas Preservation Trust Fund Easement Process a. The grant recipient must prepare Attachment A, a legal description of the property or site. Attachment A for an architecture project Legal Property Description documentation,including: • A legal description of the property and associated grounds and/or boundaries. • If available,provide a site plan of the property. • Attachment A will be filed with the county clerk's office b. For Attachment B,the grant recipient will provide the following: Attachment B for an architecture project: Scope of Protection documentation,including: • A list of character-defining features and spaces to be protected under the Grant of Easement. To be prepared by the applicant or project professional. • A narrative description of their condition.To be prepared by the applicant or project professional. • Photographs documenting each exterior elevation and/or facade,character-defining features and spaces identified in the above list and their condition,and areas in which work is to be performed. To be prepared by the applicant or project professional. These materials will be maintained in the Texas Historical Commission (THC) easement file for the property and will not be filed with the county clerk's office. • Sketch plan(s) and/or architectural floor plan(s) that describe the basic configuration of the exterior and interior of the building with photographs keyed to plan(s).To be prepared by the applicant or project professional.These materials (Attachment B)will be maintained in the THC easement file for the property and will not be filed with the county clerk's office. c. For Attachment C, the THC will attach the scope of work from the executed Funding Agreement. This attachment will be filed with the county clerk's office. d. Once both parties have agreed that the attachments are adequate,the grant recipient should sign the preservation easement and transmit the original document to the THC for their signature. Once signed by the THC,the original document will be returned to the grant recipient.To finalize the easement,it must be recorded by the county clerk's office.The grant recipient should then transmit a copy of the notari'ed original easement with the county's filing stamp to the THC for its records. The grant recipient should place a photocopy of the recorded easement in the manual binder behind the appropriate tab.The easement must be recorded with the county clerk's office prior to any reimbursements. STATE OF TEXAS COUNTY OF JEFFERSON GRANT OF EASEMENT City of Port Arthur ("Grantor"),a Texas political subdivision,is the owner of certain real property and improvements known as Rose Hill Manor("Property"),located at 100 Woodworth Boulevard, more particularly described in Attachment A to this document [Grantor to attach legal description of property], which is incorporated for all purposes as if it were set forth fully herein. In consideration of funds made available to Grantor through the Texas Preservation Trust Fund Grant Program("Program"),receipt of which Grantor acknowledges, Grantor does hereby grant,bargain,sell,and convey to the Texas Historical Commission, an agency of the State of Texas, ("Grantee") the following Easement("Easement"). Grantor has legal and equitable fee simple title to the Property,and has the right and power to grant this Easement. Grantee has the legal authority to accept this Easement. Grantee considers the Property and the improvements thereon to represent a significant example of a historic,architectural, or cultural site important to the State of Texas. Grantor desires to grant to Grantee, and Grantee desires to accept,the Easement on the terms and conditions set forth below. TERMS AND CONDITIONS 1. GRANT In consideration of the grant award to Grantor under the Program, Grantor hereby grants and conveys to Grantee an interest and Easement in the Property for the preservation of historic,architectural, scenic and open space values,of the nature and character and to the extent set forth in this Easement,to constitute a servitude upon the Property running with the land, for the benefit of and enforceable by Grantee, to have and to hold the said interest and Easement subject to and limited by the provisions of this Easement, to and for Grantee's proper uses for a 15 year term beginning on the date of execution of this Easement. 2. SCOPE OF GRANTEE'S INTEREST AND EASEMENT The Easement herein granted conveys to Grantee an interest in the Property encompassing the following covenants and undertakings by Grantor. a. Without the prior written consent of Grantee,which consent shall not unreasonably be withheld, Grantor shall not cause or permit any construction,alteration,remodeling,dismantling,destruction, demolition,or other activity that would affect or alter in any material way the appearance or the historic architectural integrity of the Property. Grantee need not give prior written consent for routine maintenance that does not affect or alter in any material way the historic architectural integrity of the Property.Activities requiring Grantee's written approval include but are not limited to the following: i. Any changes to the character-defining features identified in Attachment B including the alteration,partial removal,construction, remodeling, demolition or other physical or structural change to the appearance or construction of such features. ii. Erection of anything on the Property that would encroach on the open land area surrounding the structures or obstruct the public view of the structures (except for temporary structures Grant of Easement 1 P such as construction trailers or scaffolding necessary during the performance of approved restoration work). iii. Installation of signs or awnings on the Property. iv. Painting of previously unpainted surfaces or removal of any paint or other finishes from historic materials. v. Topographical changes to the Property. vi. Any work that might affect the structural soundness of the Property. vii. Any subdivision of the Property. viii. Installation of any transmission lines on or across the Property. ix. Vacating or abandoning any structures on the Property. x. Mothballing any structures on the Property such as temporary closure to protect it from weather and to secure it from vandalism during vacancy. xi. Cessation of standard maintenance procedures on the Property. b. Grantor shall maintain and repair the Property in a good and sound state of repair and maintain the subject Property according to the Secretary of the Interior's Standards for the Treatment of Historic Properties, 1995,as administered by the Texas Historical Commission ("Standards"), so as to prevent deterioration and preserve the architectural and historical integrity of the Property in ways that protect and enhance those qualities that make the Property eligible for listing in the National Register of Historic Places. c. Significant changes in use to the building that may affect how the public spaces are used and/or preserved must receive prior approval in writing from the Grantee. 3. INITIAL LEVEL OF PRESERVATION The level of preservation that the Grantor is to maintain, as specified in this Easement is the state of preservation of the Property on the date on which the parties executed this agreement, as altered by any subsequent authorized improvements to the property. In order to make more certain the full extent of Grantor's obligations and the restrictions on the subject Property,and in order to document the nature and condition of the Property,including significant interior elements in spatial context,a list of character-defining materials, features and spaces is incorporated as Attachment B at the end of this agreement together with a narrative describing the condition of these features.To complement Attachment B, Grantor has provided to the Grantee architectural drawings,if prepared as part of the project or otherwise available,and has compiled a current photographic record of identified features and areas where work will occur including,black and white photographs and/or color digital prints,photograph logs,and a keyed location map. Grantor agrees that the nature and condition of the Property on the date of execution of this Easement is accurately documented by the architectural drawings and photographic record,which shall be maintained for the life of this Easement in the Grantee's conservation easement file for the Property. The Scope of Work to be performed under the grant to restore the Property is as outlined in Attachment C, although that Scope of Work may be modified if Grantee approves of such modification in writing during the course of planning and/or construction. Once the Scope of Work has been completed, Grantor shall provide a Completion Report following the grant program requirements. Grantor agrees that the nature and condition of the Property on the date of submission of the Completion Report will be accurately documented by the revised architectural drawings and revised photographic record included in or attached to the Completion Grant of Easement 2 i' : Report,which shall also be maintained for the life of this Easement in Grantee's conservation easement file for the Property.The condition of the Property documented in the Completion Report shall become the level of preservation to which the Property shall be maintained in accordance with this Easement. 4. RESPONSIBILITIES OF GRANTOR IF PROPERTY IS DAMAGED,DESTROYED OR CONDEMNED a. In the event that the Structure or other site improvements located on the Property is damaged or destroyed by fire, flood,windstorm, earth movement, or other disaster or casualty of any kind whatsoever,Grantor's responsibilities shall be as follows: i. Grantor shall notify Grantee in writing within 7 days of the damage or destruction,such notification including what,if any,emergency work has already been completed.No repairs or reconstruction of any type,other than temporary emergency work to prevent further damage to the Property and to protect public safety,shall be undertaken by Grantor without Grantee's prior written approval indicating that the proposed work will meet the Standards. Grantee shall give its written approval,if any, of any proposed work within thirty (30) days of receiving the request from Grantor. u. Partially damaged. If the Structure is partially damaged (i.e.,damaged to such an extent or of such nature that the historic architectural integrity of the Structure can reasonably be restored to its prior condition),then Grantor shall restore the historic architectural integrity of the Structure to the condition that existed just prior to the damage,consistent with the Standards, if economically feasible within the limits of the funds available,including insurance coverage, grants, and any other funds known to be available for the restoration of the Property. Totally destroyed. If the Structure is totally destroyed (i.e.,destroyed to such an extent that it is not possible to reasonably repair or restore the historic architectural integrity of the • Structure),this Easement shall expire. If Grantor believes that the Structure has been totally destroyed, Grantor shall so notify Grantee,who shall have the right to inspect the Structure within 30 days of its receipt of notice. The Structure shall only be deemed to have been totally destroyed if Grantee,in writing, concurs with Grantor's assessment that the Structure has been totally destroyed or if Grantee,in writing,waives its right to inspect the Structure. iv. If the damage of or destruction to the Property is caused by the gross negligence,willful neglect, or intentional act of Grantor or a successor to Grantor, then Grantor will pay to Grantee the amount of the Program funds applied to the Property. Grantee may pursue any other remedies in equity or at law Grantee may have in as provided by Section 6 of this Easement. b. If the Structure is required to be altered,removed,or demolished through the legal condemnation process of any governmental entity, Grantor shall not be liable for any damages under the Easement, and shall apply the proceeds of any such condemnation proceeding in accordance with this section of this Easement. 5. RIGHT TO INSPECT Grant of Easement 3 � Grantor agrees that Grantee,its employees,agents and designees shall have the right to inspect the Property at all reasonable times,with twenty-four hours written notice,in order to ascertain whether or not the terms and conditions of this Easement are being observed. 6. REMEDIES OF GRANTEE Grantee shall have all remedies available to it at law or equity,and Grantor stipulates that money damages shall be insufficient compensation to Grantee for any breach of this Easement by Grantor. Grantor also agrees that,if it is found to have materially violated any of its obligations, Grantor shall reimburse Grantee for all costs or expenses incurred in connection with enforcing this Easement,including Court costs and reasonable architect's and attorney's fees. Grantor understands and agrees that one of Grantee's remedies is the right to require the Grantor to restore the Property to the condition required by this Easement(i.e., specific performance). If Grantee,upon inspection of the property, finds what appears to be a violation,it may exercise its discretion to seek injunctive relief in a court of appropriate jurisdiction. Except when an ongoing or imminent violation will irreversibly diminish or impair the cultural,historical and architectural importance of the Property, Grantee shall give Grantor written notice of the violation and allow thirty (30) days to correct the violation before taking any formal action,including,but not limited to,legal action. The exercise by Grantee of one remedy and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. 7. ASSIGNMENT,SUCCESSORS AND ASSIGNS a. This Easement shall extend to and be binding upon Grantor and all persons hereafter claiming by, under or through Grantor,and the word"Grantor"when used herein shall include all such entities or persons whether or not such entities or persons have signed this instrument or had any other interest in the Property at the time this Easement was signed.A person shall have no obligation,pursuant to this Easement,if and when such person shall cease to have any (present,partial, contingent,collateral this Easement,if and when such person shall cease to have any (present,partial, contingent,collateral or future) interest in the Property or any portion thereof by reason of a bona fide transfer for value. Notwithstanding the foregoing,however, the obligation under section 2.b. of this Easement to maintain and repair the Property may be enforced against such person if is determined that such person permitted the architectural integrity of the Property to deteriorate in a material way during the period during which the person had an interest in the Property. b. Grantor acknowledges that in the event it contemplates transferring its ownership of all or a portion of the Property,or leasing all or a portion of the Property, Grantor shall notify Grantee of the intent to transfer and the proposed successor to Grantor's title or part thereof no Iess than thirty (30) days prior to the contemplated transfer,in writing,by certified mail with postage prepaid and return receipt requested,addressed to the Grantee as follows: Texas Historical Commission Post Office Box 12276 Austin,Texas 78711-2276 Or to such other address as Grantee may from time to time designate in writing to the Grantor. A copy shall also be sent to the chairman of the Jefferson County Historical Commission. Upon receipt of notice of the contemplated transfer, the Grantee shall consider the purpose and effect of the proposed transfer and may approve or,if Grantee determines that the transfer would be inconsistent Grant of Easement 4 I 1' with the purposes of this Easement,disapprove of the contemplated transfer.This provision shall expire either when this Easement expires or fifty years from the date this Easement takes effect, whichever event occurs first. c. Grantee agrees that it will hold this Easement exclusively for preservation purposes; that is,it will not transfer this Easement in exchange for money, other property or services. 8. RESERVATION a. Grantor reserves the free right and privilege to the use of the Property for all purposes not inconsistent with the grant made herein. b. Nothing contained in this Easement shall be interpreted to authorize,require or permit Grantor to violate any ordinance relating to building materials,construction methods or use. In the event of any conflict between any such ordinance and the terms hereof, Grantor shall promptly notify Grantee of such conflict and Grantor and Grantee shall agree upon such modifications consistent with sound preservation practices,the Standards, and consistent with the requirements of such ordinance. 9. ACCEPTANCE Grantee hereby accepts the right and interest granted to it in this Easement. 10. GRANTOR'S INSURANCE a. Grantor shall maintain,at its own cost,insurance against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury,death and property damage in such amounts as would normally be carried on a property such as the Property that is subject to this Easement. Grantor shall obtain insurance coverage in the amount of the estimated replacement cost of the Structure (fire and extended coverage insurance) and Grantor and Grantee shall agree in writing on the estimated replacement cost. Such insurance shall include Grantee's interest and shall expressly name Grantee as an additional insured and shall provide for at least thirty (30) days notice to Grantee before cancellation of the coverage and that the act or omission of one insured will not invalidate the policy as to any other insured. Furthermore, Grantor shall deliver to Grantee certificates or other such documents evidencing the purchase of die aforesaid insurance coverage at the commencement of this grant and a new certificate at least ten(10) days prior to the expiration of each such policy. b. For public owners that are self-insured,there must be evidence of financial ability to repair or reconstruct the Structure in the event of any potential loss. Owners claiming to be self-insured must provide evidence supporting that claim. 11. RELEASE Grantor shall be responsible for and does hereby release and relieve Grantee,its officers,directors, agents and employees,and will defend and hold Grantee,its officers,directors,agents and employees,harmless of, from and against any and all liabilities, obligations, damages,penalties,claims,costs,charges and expenses which may be imposed upon or incurred by Grantee by reason of loss of life,personal injury and/or damages to Grant of Easement 5I ?' . property occurring in or around the Property occasioned in whole or in part by the negligence of Grantor,its agents or employees. 12. REVIEW,APPROVAL AND ENFORCEMENT CLAUSE Until this Easement expires,the Grantor and any and all successors in interest further agree to deliver to the Grantee for review and approval the information (including plans,specifications,and designs where appropriate) identifying any proposed permanent changes to the property along with 4"x 6"or larger color photographs of the areas to be affected. In connection therewith, Grantor shall also submit to Grantee a timetable for the proposed activity sufficient to permit Grantee to monitor such activity. Grantor shall make no change or take any action subject to the approval of Grantee until Grantor has received written approval of such action by an authorized representative of Grantee. Whenever such consent or written approval of Grantee is required,it shall not be unreasonably withheld or delayed. Changes must conform to the Standards. 13. NO THIRD PARTY BENEFICIARY Anything to the contrary in this Agreement notwithstanding, all rights,privileges and benefits conveyed by this Easement are for the exclusive use of the parties hereto, and there shall be no third-party beneficiary hereof. 14. WORK DONE AS A CONDITION OF ACCEPTING THE GRANT Grantee acknowledges that substantial corrective and restoration work has been done or will be done by Grantor to preserve the historic architectural integrity of the Property.The Grantor shall complete the corrective and restoration work in accordance with the grant,Funding Agreement,and this Easement. 15.TERM OF AGREEMENT This Easement shall become valid on the date of the last signature included herein and remain in effect for the term indicated in Section 1 above,unless terminated earlier by agreement of the parties or the terms of this Easement. Notwithstanding any other provision of this Easement,the Easement shall terminate if either the Funding Agreement or Grantee's participation in the Program is terminated before Grantor receives any amount of the grant award. 16. PRIOR AGREEMENTS SUPERSEDED This Easement and the provisions contained herein shall supersede all previous easements granted by the Grantor to the Grantee on the Property described herein.Any previous easement shall hereafter be null and void as of the date this Easement is filed in the deed records of Jefferson County. 17. SEVERABILITY It is understood and agreed by the parties hereto that if any part,term or provision of this agreement is held to be illegal by the final judgment of a court,the validity of the remaining portions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part,term, or provision held to be invalid. Grant of Easement 6IP 18. PUBLIC ACCESS The Grantor agrees to provide public access to view the grant-assisted work or Property no less than 6 days a year on an equitably spaced basis if the property is not clearly visible from a public right of way or includes interior work assisted with funds from the Program. At the Grantor's option, the property may also be open at other times by appointment,in addition to the scheduled 6 days a year. If the property is an archeological site with no visible features above ground,public access requirements are satisfied by providing access to interested parties on selected days of the year. Nothing in this agreement will prohibit a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. The Grantor agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000 (d)),the Americans with Disabilities Act(42 U.S.C. 12204), and with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). These laws prohibit discrimination on the basis of race, religion,national origin,or disability. In implementing public access,reasonable accommodations to qualified disabled persons shall be made in consultation with the Texas Historical Commission. Grant of Easement 7 � This Easement is for the benefit of and appurtenant to the land, or any portion of the land,in the County of Jefferson, State of Texas,described in Attachment A: In witness,this GRANT is executed on the day of ,in the year Grantor: City of Port Arthur By: Tide STATE OF TEXAS: On this the day of ,in the year ,before me,a Notary Public in and for the State of Texas, , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the Grant of Easement acknowledged that they executed the same for the purposes therein contained. In witness whereof, I here unto set my hand and official seal. Notary Public Grantee:Texas Historical Commission By: Mark Wolfe Executive Director STATE OF TEXAS: On this the day of ,in the year ,before me,a Notary Public in and for the State of Texas,the undersigned officer,personally appeared Mark Wolfe,who acknowledged himself to be Executive Director of the Texas Historical Commission, a state agency organized under the laws of the State of Texas, and that he as such Executive Director, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Texas Historical Commission by himself as Executive Director. In witness whereof, I here unto set my hand and official seal. Notary Public Grant of Easement 81