HomeMy WebLinkAboutEasements - 12/12/2008, Grant Participant Agreement between TOV & AZ State Parks Board, Steam Pump Ranch, Pusch I F. ANN RODRIGUEZ, RECORDER DOCKET: 13453
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DEPUTY RE CORDER V k NO. OF PAGES: 7
2006 OS1 4' r6 SEQUENCE: 20082410119
SOROV W ,r�="i a .Mt � Z 12/12/2008
TOWN OF ORO VALLEYIAIIPY11AG 12:19
11000 N LA CANADA 4/I1O141
ORO VALLEY AZ 85737 — MAIL
AMOUNT PAID $ 9.00
Arizona State Parks
1300 W.Washington,Phoenix,Arizona 85007
GRANT PAGREEMENT
This Agreement is entered into by and between the Arizona State Parks Board(BOARD) and Oro Valley
(PARTICIPANT) and becomes effective on the date of signature by the authorized representative of Arizona
State Parks.
DEC 31'08PM 1: 9 IOU
PROJECT TITLE: PROJECT NUMBER:
Steam Pump Ranch, Pusch Ranch House 640805
THIRD PARTY PARTICIPANT'S NAME: FY OF REVENUE:
2008
PROJECT PERIOD:
Three (3)years from the date of last authorized signature.
GRANT PROGRAM: GRANT AMOUNT: % PARTICIPANT % TOTAL PROJECT
Historic Preservation MATCH: COST:
Heritage Fund $111,160.44 36 $197,618.56 64 $308,779.00
APPROVED SCOPE OF WORK
AND SPECIAL CONDITIONS: Attachment A
PRESERVATION SPECIAL
CONDITIONS: Attachment B
Preservation Agreement [ x ] (Does not apply to RTP, LWCF, LRSP,
Preservation Covenant [ XI TRAILS, OHV,LEBSF, SLIF and GSLA.)
Special Conditions/3rd Party [ ]
AUTHORITIES TO ENTER INTO THIS AGREEMENT:
(statute,resolution,minutes,etc.) N
STATUTE: A.R.S. § 41-503F RESOLUTION: Town of Oro Valley (R)08-51 ,
AL
AWARDING OFFICIAL ON - i - :ill
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STATE PARKS BOARD: R
Signature Date
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ACCEPTANCE OF ALL TERMS OF THIS AGREEMENT PARTICIPANT ATTORNEY APPROVAL AS TO FORM
AND ITS ATTACHMENTS IS ACKNOWLEDGED BY AND AS BEING WITHIN THE AUTHORITY OF THE
THE RTICIPANT'S SIGNATURE BELOW. PARTICIPANT.
I J1-2;
Participant's Signature Attorney's Signature
David Andrews Tobin Rosen
Name(Typed) Name(Typed)
Town Manager 11-21-08 Town Attorney 11-21 08
• e Date Title Date
Arizona State Parks
GRANT PARTICIPANT AGREEMENT
Attachment A
Approved Project Scope and Special Conditions
PARTICIPANT: Oro Valley
PROJECT TITLE: Steam Pump Ranch,Pusch Ranch House
PROJECT NUMBER: 640805
APPROVED PROJECT SCOPE:
Site Grading/drainage Fire Protection
Demolition HVAC
Foundation Electrical
Exterior Walls General Conditions-Ineligible
Exterior Doors Contractor Fee 6%-Ineligible
Exterior Windows Bonds&Insurance-Ineligible
Roof Framing Sales Tax-Ineligible
Roofing
Interior Walls
Interior Doors
Flooring
Ceilings
Specialties-Ineligible
SPECIAL CONDITIONS:
The administration of this grant Participant Agreement is also subject to the contents of the Administrative Guidelines for
Awarded Grants published by Arizona State Parks.
Actual project work must begin within 6 months of the fully executed Participant Agreement; construction must begin
within 18 months of the fully executed Participant Agreement.
Preliminary design plans,conceptual drawings,and/or construction documents must indicate the project complies with the
Secretary of Interior's Standards for Preservation. Onsite work may not proceed until such documentation is submitted for
review by the SHPO and subsequently accepted by the Grant Program Coordinator.
A final summary report and project"after" photos(if applicable)must be submitted with the required closure
documentation
OTHER CONDITIONS:
When recorded, mail to:
Arizona State Parks
1300 W. Washington
Phoenix, Arizona 85007
PRESERVATION AND CONSERVATION EASEMENT DEED
(Use when Grant Participant Owns Property to be Improved by Grant)
Grant Project Title: Steam Pump Ranch, Pusch Ranch House
Grant Project #: 640805
THIS PRESERVA ION AND CONSERVATION EASEMENT DEED, made this .
dayof , ,2/94. ("Effective b and between Oro Date") y Valley
(Participant) and the Arizona State Parks Board (Board).
WHEREAS, Participant is owner in fee simple of certain real property located in Pima
County, Arizona, more particularly described in Exhibit A (the "Property");
WHEREAS, the Board is authorized to accept preservation and conservation easements
to protect property significant in national and Arizona history and culture under
Arizona Revised Statutes §§ 41-511.03, 41-511.05, and 33-271 through 33-276;
WHEREAS, because of its architectural, historic, archaeological and/or cultural values
and significance, the Property was listed in the Arizona Register or the National
Register of Historic Places on •
WHEREAS, Participant and the Board recognize the architectural,historic,
archaeological and/or cultural values and significance of the Property, and have the
common purpose of conserving and preserving those values and significance;
WHEREAS, the grant of a preservation and conservation easement on the Property by
Participant to the Board will assist in preserving and maintaining the Property and its
architectural,historic, archaeological, and/or cultural features for the benefit of the
people of the State of Arizona and the United States of America;
+1/M
WHEREAS, to that end,Participant desires to grant, and the Board desires to accept a :143
preservation and conservation easement on the Property (the "Easement") for the period 4
of 30 years starting on the effective date (the "Term of Public Use") which shall run with
the land and be binding upon Participant's successors and assigns. "tj'
THEREFORE, in consideration of the sum of$111,160 that Participant received as grant
assistance through the Board from the Arizona State Parks Heritage Fund to be used to
improve the Property,Participant does voluntarily grant and convey to the Board the
Easement for the Term of Public Use.
Steam Pump Ranch, Pusch Ranch House
#640805
Page 2 of 3
I. PURPOSE
The purpose of the Easement is to assure that the architectural,historic, archaeological
and/or cultural features of the Property will be retained and maintained for the Term of Public
Use,to prevent any use or change of the Property that will significantly impair or interfere with
the Property's architectural,historic,and/or cultural values and significance,and to provide
public access.
II. PARTICIPANT'S COVENANTS
During the Term of Public Use:
A. The Participant agrees to assume the cost of the continued maintenance and repair of the
Property and to preserve and/or enhance the architectural,historic,and/or cultural features of
the Property that made it eligible for listing in the Arizona Register or the National Register of
Historic Places.
B.The Participant agrees that no visual or structural alterations will be made on the property
during the term of this Easement without prior written permission of the Board.
C.The Participant agrees that the Board,and their agents or designees, shall have the right to
inspect the Property at all reasonable times in order to ascertain whether or not the conditions
of this Easement are being observed.
D. The Participant agrees that when the Property is not clearly visible from a public right-of-
way
ightof-
way or includes interior work funded with Arizona Heritage Fund grants,the property will be
open to the public for the purpose of viewing the grant-funded work no less than 12 days a year
and at other times by appointment. The Participant may charge a reasonable,non-
discriminatory admission fee,comparable to fees charged at similar facilities in the area. Notice
of the time and dates when the facility will be open must be published in newspapers of general
circulation in the community in which the Property is located at least once per year. Participant
must keep documentation of the notice publications,which will be available for inspection by
the Board or their agents or designees during the Term of Public Use.
E. In the event that Participant breaches any of the terms of this Easement,Participant agrees to
reimburse the Board the amount of the grant plus all fees and expenses incurred in connection
with the enforcement of the Easement,including but not limited to court costs,expert and
attorney's fees,and interest.
F. Participant agrees to indemnify,release and hold harmless the Board,its employees,officers, a;
agents and assignees from anycosts,claims,damages,reimbursements,or payments related to
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this Easement. Participant additionally agrees that the Board,its employees,officers,agents Y g ,:N:5
and assignees have no obligation for maintaining,repairing,or administering the Property or
the Easement.
G. Participant agrees to provide timely notice to the Board of the sale or transfer of the
property,and to provide the new owner or occupant with a copy of this Easement.
H. Participant hereby acknowledges that Participant has read and understands the Participant F
Agreement and its attachments,which are attached as Exhibit"A."
Steam Pump Ranch, Pusch Ranch House
#640805
Page 3 of 3
IN WITNESS WHEREOF, the Participant and the Board have executed this Easement
which shall become effective immediately upon signature by both parties.
134,1VICIPANT ACKNOWLEDGMENT BY
PARTICIPANT
UA44.i atill( State of Arizona )
Signature County of . IP i ya.
David Andrews The foregoing instrument was
Print Name acknowledged before me this .2.-1
day of NI ova„ v: , 'Zoo e by
Town Manager 1- v i Av .ce )5
Title Participant
.
November 21, 2008 '� 0.... �
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Date Notary Publi
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ARIZONA STATE PARKS BOARD ACKNOWLEDGMENT BY BOARD
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TOWN OF RO VA LEY, ARIZONA
Paul H. Loomis, Mayor
ATTEST: APPROV D AS TO FO' ►-
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Kathy n E. Cuvelier, Town Clerk Tobin Rosen, Town Attorney
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\\Lcgal\sharefiles\Susann\Mayor and Attest Signature Sample.doe Town of Oro Valley Attorney's Office/sb/082608
A parcel of land located in Section 7, Township 12 South, Range 14 East, Gila & Salt
River Meridian, Pima County, Arizona, described as follows:
Beginning at a lead capped pipe, being the northeast corner of said Section 7, run thence
SOUTH 56°23'19" WEST a distance of 1672.51 feet to The True Point of Beginning,
Thence SOUTH 55°17'30" WEST a distance of 395.12 feet, Thence SOUTH 35°18'30"
EAST a distance of 395.25 feet to a point on the north right-of-way line of State Highway
No. 77, Thence along said north right-of-way line on a curve to the left having an initial
tangent of SOUTH 52°09'53" WEST, a central angle of 01°53'15" and a radius of
17,288.74 feet, a distance of 569.55 feet, Thence NORTH 39°43'22" WEST a distance of
585.99 feet, Thence NORTH 54°01'13" EAST a distance of 1005.83 feet, Thence
SOUTH 36°17'23" EAST a distance of 170.48 feet to The True Point of Beginning.
Together with:
A parcel of land located in Section 7, Township 12 South, Range 14 East, Gila & Salt
River Meridian, Pima County, Arizona, described as follows:
Beginning at a lead capped pipe, being the northeast corner of said Section 7, run thence
SOUTH 56°23'19" WEST a distance of 1672.51 feet, Thence SOUTH 55°17'30" WEST
a distance of 395.12 feet, Thence SOUTH 35°18'30" EAST a distance of 395.25 feet to a
point on the north right-of-way line of State Highway No. 77, Thence along said north
right-of-way line on a curve to the left having an initial tangent of SOUTH 52°09'53"
WEST, a central angle of 01°53'15" and a radius of 17,288.74 feet, a distance of 569.55
feet to the True Point of Beginning, Thence Westerly along the arc of a curve to the left,
having a central angle of 09°37'48" and a radius of 1,512.39 feet and arc distance of
254.20 feet (measured) 254.13 feet (recorded)to the non-tangent West line of the
Northeast quarter of Section 7, Thence NORTH 00°21'55" WEST (measured)NORTH
00°23'37" WEST (recorded), a distance of 303.74 feet (measured) 303.81 feet (recorded)
to the East right-of-way line of the Canada de Oro Wash, Thence NORTH 54°01'13"
EAST, (measured) NORTH 54°00'00" EAST, (recorded), a distance of 361.15 feet,
Thence SOUTH 39°43'22" EAST, a distance of 585.99 feet to the True Point of
Beg•
inning.
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RESOLUTION NO. (R) 08- 80
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, GRANTING A PRESERVATION AND
CONSERVATION EASEMENT TO THE ARIZONA STATE PARKS
BOARD OVER THE PROPERTY KNOWN AS STEAM PUMP RANCH
INCLUDING THE PUSCH RANCH HOUSE.
WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested
with all associated rights, privileges and benefits and is entitled to the immunities and
exemptions granted municipalities and political subdivisions under the Constitution and laws of
the State of Arizona and the United States; and
WHEREAS, pursuant to Town of Oro Valley Resolution (R) 08-51, the Town Manager was
authorized to enter into a Grant Participation Agreement with the Arizona State Parks Board
("Board"), which Grant requires the granting of a preservation and conservation easement to the
Board; and
WHEREAS, pursuant to A.R.S. § 9-402, the Town has the authority to convey property, and the
Town believes that granting a preservation and conservation easement to the Board is in the best
interest of the Town; and
WHEREAS, granting a Preservation and Conservation Easement ("Easement") over the
property known as Steam Pump Ranch, including the Pusch Ranch House ("Property"), attached
hereto as Exhibit"A", will assist in preserving and maintaining the Property and its architectural,
historic, archaeological and cultural features for the benefit of the people of the State of Arizona
and the United States of America, and it is in the best interest of the Town to grant the Easement
for the period of 30 years; and
WHEREAS, in consideration of the sum of$111,160 that the Town of Oro Valley will receive
as grant assistance through the Board to be used to improve the Property, the Town of Oro
Valley does voluntarily grant and convey to the Board a Preservation and Conservation
Easement over the property known as Steam Pump Ranch, including the Pusch Ranch House,
attached hereto as Exhibit"A".
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley,Arizona, that:
1. The Preservation and Conservation Easement attached hereto as Exhibit "A" is hereby
approved and granted to the Arizona State Parks Board.
BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the
Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and
submit all documents which are necessary for the completion of the aforementioned project.
\\Legal\sharefiles\Planning&Zoning\Special Projects(Nelson)\SPR Preservation Easement\Resolution Preservation Easement Deed doc Town of Oro Valley Atty/sb/l 10508
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 19th day of November , 2008.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
ATTEST: APPROVED AS TO FO ' •
441111111
Katliyn E. Cuvelier, Town Clerk Tobin Rosen, Town Atto - •
//- .24-02 (‘ (-01v
Date Date