HomeMy WebLinkAboutPROOF OF OWNERSHIP - PU2830 Welch-Cherry House EasementResource Number: PU2830
(A PP use only)
Name of
Property: Welch -Cherry House
Physical
Address: 700 South Rock Street
Little Rock, AR 72242
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PRESENTED: OMSS- 016 01:12:48 PM RECORDED: 09-1&2016 01.27.12 PM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI Cn, AR FEE $146DO
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HISTORIC PRESERVATION EASEMENT
This preservation and conservation easement, made the _LC day of fi F• q v,r2r
20_t_6, by and between First Lutheran Church ("Grantor") and THE STATE OF
ARKANSAS, ACTING BY AND THROUGH THE ARKANSAS HISTORIC
PRESERVATION PROGRAM ("Grantee").
WITNESSETH:
WHEREAS, the Grantee is a qualifying recipient of qualified conservation contributions
under 26 U.S.C. Section 170, being part of the Internal Revenue Code, as amended from time to
time (hereinafter the "Code");
WHEREAS, the Grantee is authorized to accept conservation easements for all purposes
set forth in Ark. Code Ann. § 15-20-401 (the "Act") to retain and protect property having
significant architectural, archeological, historical, or cultural aspects;
WHEREAS, the Grantor is owner in fee simple of certain real property in Pulaski
County, Arkansas (hereinafter the "Premises"), said Premises including one structure(s)
commonly known as Welch -Cherry House (hereinafter the "Buildings"), and is more
particularly described below;
WHEREAS, the Premises or Buildings was listed in the National Register of Historic
Places on July 25, I977, and is warranted by Grantor to be a certified historic structure;
WHEREAS, the Grantor and Grantee recognize the historical, cultural, architectural or
archaeological value and significance of the Premises, and have the common purpose of
conserving and preserving the aforesaid value and significance of the Premises;
WHEREAS, the grant of a preservation and conservation easement by Grantor to Grantee
on the real property referred to herein will assist in preserving and maintaining the Premises its
architectural, archaeological, historical and cultural features;
WHEREAS, the grant of a preservation and conservation easement by Grantor to Grantee
on the Premises will assist in preserving and maintaining the aforesaid value and significance of
the Premises both to Grantor and Grantee;
WHEREAS, to that end, Grantor desires to grant to Grantee, and Grantee desires to
accept, a conservation easement on the premises;
NOW, THEREFORE, in consideration of Ten Dollars (V 0.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, Grantor does hereby
irrevocably grant, bargain, sell and convey unto the Grantee, TO HAVE .AND TO HOLD the
same unto Grantee, an easement in gross in perpetuity (which easement is more particularly
described below and will hereafter be referred to as the "Easement") in and to that certain real
property and the exterior surfaces of the Buildings located thereon., owned by the Grantor, and
more particularly described as:
To -wit:
The West 40 feet of Lot 10 and all of Lots 11 and 12, in Block 42 of the Original City of
Little Rock, Arkansas;
The East 67 yz feet of Lots 1, 2, and 3, in Block 42 of the Original City of Little Rock,
Arkansas.
The Easement, to be of the nature and character hereinafter further expressed, shall
constitute a binding servitude upon said Premises of the Grantor, and to that end Grantor
covenants on behalf of itself, its heirs, personal administrators, executors, successors and assigns,
with Grantee, its successors and assigns, including that such covenants shall run as a binding
servitude, in perpetuity, upon the Premises, each of the following covenants and stipulations,
which contribute to the public purpose in that they aid significantly in the preservation of the
Buildings and surrounding land area, and which help maintain and assure the present and future
integrity of the Buildings:
1. Description of Facades. In order to make more certain the full extent of Grantor's
obligations and the restrictions on the Premises and the Buildings, and in order to document the
external nature of the Buildings as of the date hereof, attached hereto as Exhibit "A" and
incorporated herein by this reference are a set of photographs depicting the exterior surfaces of
the Buildings and surrounding property and an affidavit specifying certain technical and
locational information relative to said photographs satisfactory to Grantee, attached hereto as
Exhibit "B". It is stipulated by the between Grantor and Grantee that the external nature of the
Buildings as shown in Exhibit "A" is deemed to be the external nature of the Buildings as of the
date hereof and as of the date this instrument is first recorded in the real estate records of the
county wherein the Premises is located. The external nature of the Building(s) as shown in
Exhibit "A" is hereinafter referred to as the "Facades."
2. GRANTOR'S COVENANTS. In furtherance of the easement herein granted,
Grantor undertakes, of itself, to do (and to refrain from doing as the case may be) upon the
Premises each of the following, which contribute to the public purpose of significantly protecting
and preserving the Premises:
(a) Grantor shall not demolish, remove or raze the Buildings or the Facades
except as provided in Paragraphs 6 and 7.
(b) Without the prior express written permission and approval of the Grantee
(which shall be granted or withheld solely in the discretion of Grantee), signed by a duly
authorized representative thereof, it being understood and agreed by Grantor that such
authorization may not he obtained orally, by estoppel or waiver, or in any other manner other
than as expressly set forth above (the "Approval"), Grantor shall not undertake any of the
following actions:
(i} increase or decrease the height of the Facades or the Buildings;
(ii) adversely affect the structural soundness of the Facades;
(iii) make any changes in the Facades including the alteration, partial
removal, construction, remodeling or other physical or structural change including any change in
surfacing, with respect to the appearance or construction of the Facades, with the exception of
ordinary maintenance pursuant to Paragraph 2(c) below;
(iv) erect anything on the Premises or on the Facades which would
prohibit them from being visible from street level, except for a temporary structure during any
period of approved alteration or restoration;
(v) permit any significant reconstruction, repair, repainting or
refinishing of the Facades that alters their state from the existing condition. This subsection (V)
shall not include ordinary maintenance pursuant to Paragraph 2(c) below; and
(vi) erect, construct or move anything on the Premises that would
encroach on the open land area surrounding the Buildings and interfere with a view of the
Facades or be incompatible with the historic or architectural character of the Buildings or the
Facades.
(c) Grantor agrees at all times to maintain the Buildings in a good and sound
state of repair and to maintain the Facades and the structural soundness and safety of the
Buildings and to undertake the minimum maintenance program attached as Exhibit "C" so as to
prevent deterioration of the Facades, Subject to the casualty provisions of Paragraphs 5, 6 and 7,
this obligation to maintain shall require replacement, rebuilding, repair and reconstruction
whenever necessary to have the external nature of the Buildings at all times appear to be and
actually be the same as the Facades.
(d) No buildings or structures, including satellite receiving dishes, camping
accommodations or mobile homes not presently on the Premises shall be erected or placed on the
Premises hereafter, except for temporary structures required for the maintenance or rehabilitation
of the property, such as construction trailers, without the express written consent of Grantee.
(e) No signs, billboards, awnings or advertisements shall be displayed or
placed on the Premises or Buildings; provided, however, that Grantee may, with an Approval,
erect such signs or awnings as are compatible with the preservation and conservation purposes of
this Easement and appropriate to identify the Premises and Buildings and any activities on the
Premises or in the Buildings.
(f) There shall be no removal, destruction or cutting down of large trees or
landscaping integral to the preservation and conservation purposes of this Easement; provided,
however, that Grantor may, with an Approval, undertake such landscaping of the Premises as is
compatible with the preservation and conservation purposes of this Easement and which may
involve removal or alteration of present landscaping, including trees, shrubs or other vegetation.
(g) No dumping of ashes, trash, rubbish or any other unsightly or offensive
materials shall be permitted on the Premises.
(h) The Premises shall be used only for purposes consistent with the
preservation and conservation purposes of this Easement.
(i) After the date the Easement is recorded, the Premises (or any part thereof
or interest therein) shall not be subdivided, re -platted, or subjected to change in allowed land
uses including without limitation action to change the allowed land uses or land use classification
and the Premises shall not be leased, mortgaged, sold, devised or conveyed (including without
limitation conveyance of an easement or restrictive covenant) except as a unit.
0) No utility transmission lines, except those reasonably necessary for the
existing Buildings, may be created on the Premises, subject to utility easements recorded as of
the date this Easement is recorded.
3. (a) Public View. Grantor agrees not to obstruct the substantial and regular
opportunity of the public to view the exterior architectural features of any building, structure or
improvements of the Premises, including the Buildings, from adjacent publicly accessible areas
such as public streets.
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-or-
(b) Public Access. Grantor shall make the Premises accessible to the public on
a minimum of two (2) days per year from 10:00 a.m. to 4:00 p.m. and at other times by
appointment, to permit persons affiliated with educational organizations, professional
architectural associations and historical societies to study the Premises and the Buildings. Any
such public admission may be subject to restrictions having an Approval as reasonably designed
for the protection and maintenance of the Premises and the Buildings. Grantee, on request of the
Grantor, shall furnish such guides and/or guardians as may reasonably be necessary or desirable
for such restrictions. Such admission may also be subject to a reasonable fee, if any, having an
Approval. The Grantee may make photographs, drawings or other representations documenting
the significant historical., cultural or architectural character and features of the property and
distribute them to magazines, newsletters or other publicly available publications, or use them to
further its stated purposes.
4. Standards for Review. In exercising any authority created by the Easement to
inspect the Premises, the Buildings or the Facades; to review any construction, alteration, repair
or maintenance; or to review casualty damage or to reconstruct or approve reconstruction of the
Buildings following casualty damage, Grantee shall apply the Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings; issued and as may be amended from time to
time by the Secretary of the United States Department of the Interior (hereinafter the
"Standards") and state or local standards considered appropriate by Grantee for review of work
affecting historically or architecturally significant structures or for construction of new structures
within historically, architecturally or culturally significant areas. Grantor agrees to abide by the
Standards in performing all ordinary repair and maintenance work and the minimum maintenance
program described in paragraph 2(c) and contained in Exhibit "C". In the event the Standards are
abandoned or materially altered or otherwise become, in the sole judgment and discretion of the
Grantee, inappropriate for the purposes set forth above, the Grantee may apply reasonable
alternative standards and notify Grantor of the substituted standards.
5. Casualty Damage -or Destruction. In the event that the Premises or any part thereof
shall be damaged or destroyed by casualty, the Grantor shall notify the Grantee in writing within
one (1) day of the damage or destruction, such notification including what, if any, emergency
work has already been completed. For purposes of this instrument, the term "casualty" is defined
as such sudden damage or loss as would qualify for a loss deduction pursuant to Section
155(c)(3) of the Code (construed without regard to legal status, trade or business of the Grantor
or any applicable dollar limitation). No repairs or reconstruction of any type, other than
temporary emergency work to prevent farther damage to the Property and to protect public
safety, shall be undertaken by Grantor without an Approval. Within four (4) weeks of the date of
damage or destruction, the Grantor shall submit to the Grantee a written report prepared by a
qualified restoration architect and/or an engineer, if required, acceptable to the Grantor and the
Grantee which shall include the following:
(a) An assessment of the nature and extent of the damage;
(b) A determination of the feasibility of the restoration of the Facades and
reconstruction of damaged or destroyed portions of the Premises; and
(c) A report of all work necessary to return the Premises to the condition
existing at the time this Easement was recorded or to the condition to which it may have been
altered only where alterations are done, pursuant to an Approval as set forth in paragraph 2 of the
Easement (the "Prior Condition"). If, in the opinion of the Grantee, after reviewing such report,
the purpose and intent of the Easement will be served by restoration and reconstruction of the
Premises to the Prior Condition, the Grantor shall, within eighteen (18) months after the date of
such change or destruction, complete the restoration and construction of the Premises in
accordance with plans and specifications having an Approval up to at least the total of the
casualty insurance proceeds as may be necessary to restore the appearance of the Facades to the
Prior Condition, and additional cost of work not performed or monies advanced (Grantee having
no obligation to advance fiends) by Grantee shall constitute a lien on the Premises until repaid by
Grantor.
6. Grantee's Remedies Following_ Casualty Damage. The foregoing not
withstanding, in the event of damage resulting from casualty, as defined at paragraph S, which is
of such, magnitude and extent as to defeat the purposes of this Easement, as determined by
Grantee acting with sole discretion, then:
(a) Grantee may elect to reconstruct the Building using insurance proceeds,
donations or other funds received by Grantor or Grantee on account of such casualty, but
otherwise at its own expense (such expense of Grantee to constitute a lien on the Premises until
repaid in full); or
(b) Grantee may elect to choose any salvageable portion of the Facades and
remove them from the Premises, extinguish the Easement pursuant to paragraph 26, and this
Easement shall thereupon be of no flu they force and effect, and Grantee shall execute and deliver
to Grantor acknowledged evidence of such fact suitable for recording in the land records of the
county wherein the Premises is located, and Grantor shall deliver to Grantee a good and
sufficient Bill of Sale for such salvaged portions of the Facade.
7. Review After Casualty Loss. If, in the opinion of the Grantee, restoration and
reconstruction would not serve the purpose and intent of the Easement, then the Grantor shall
continue to comply with the provisions of the Easement and seek an Approval altering
demolishing, removing or razing the Buildings and constructing new improvements on the
Premises.
8. GRANTEE'S COVENANTS. The Grantee covenants that:
(a) Grantee is and will remain a qualified organization for purposes of Section
170(h) of the Code, In the event that the Grantee's status as a qualified organization is
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successfully challenged, then the Grantee shall promptly select another qualified organization
and transfer all of its rights and obligations under the Easement to it, which shall be the sole and
exclusive remedy of Grantor.
(b) In the event that the Grantee shall at any time in the future become the fee
simple owner of the Premises, Grantee for itself, its successors and assigns, covenants and
agrees, in the event of a subsequent conveyance of the same to another, to create a new
preservation and conservation easement either to retain such easement in itself or to convey such
easement to a similar unit of federal, state or local government or local, state or national
organization whose purposes, inter alia, are to promote preservation or conservation of historical,
cultural or architectural resources, and which is a qualified organization under Section 170(h)(3)
of the Code.
(c) Grantee may, at its discretion and without prior notice to Grantor, convey,
assign or transfer this Easement to a unit of federal, state or local government or to a similar
local, state or national organization whose purposes, inter alia, are to promote preservation or
conservation of historical, cultural or architectural resources, and which at the time of the
conveyance, assignment or transfer, is a qualified organization under Section 17(h)(3) of the
Code, provided that any such conveyance, assignment or transfer requires that the preservation
and conservation purposes for which the Easement was granted will continue to be carried out.
9. Inspection. Grantor hereby agrees that representatives of Grantee shall be
permitted at all reasonable times to inspect the Premises, including the Facades and the
Buildings. Grantor agrees that representatives of Grantee shall be permitted to enter and inspect
the interior of the Buildings to determine compliance with this Easement and maintenance of
structural soundness and safety; inspection of the interior will not, in the absence of evidence of
deterioration, take place more often than annually, and may involve reasonable testing of interior
structural condition. Inspection of the interior will be made at a time mutually agreed upon by
Grantor and Grantee, and Grantor covenants not to unreasonably withhold its consent in
determining a date and time for such inspection.
10. Grantee's Remedies. Grantee has the following legal remedies to correct any
violation of any covenant, stipulation or restriction herein, in addition to any remedies now or
hereafter provided by law:
(a) Grantee may, following thirty (30) days written notice to Grantor, institute
suit to enjoin such violation by ex parts, temporary, preliminary and permanent injunction,
including prohibitory and mandatory injunctive relief, and to require the restoration of the
Premises to the condition and appearance required by this Easement.
(b) Representatives of the Grantee may, following reasonable notice to
Grantor, enter upon the Premises, correct any such violation, and hold Grantor, its heirs, personal
administrators, executors, successors and assigns responsible for the cost thereof.
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(i) Such cost until repaid shall constitute a lien on the Premises.
(ii) Grantee shall exercise reasonable care in selecting independent
contractors if it chooses to retain such contractors to correct any such violations, including
making reasonable inquiry as to whether any such contractor is properly licensed and has
adequate liability insurance and worker's compensation coverage.
(c) Grantee shall also have available all other legal and equitable remedies to
enforce Grantor's obligations hereunder.
(d) In the event Grantor is found to have violated any of its obligations,
Grantor shall reimburse Grantee for any costs or expenses incurred in connection therewith,
including all reasonable court costs and attorneys', architectural, engineering and expert witness
fees.
(e) Exercise by Grantee of one remedy hereunder shall not have the affect of
waiving or limiting any other 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.
11. Notice from Government Authorities. Grantor shall deliver to Grantee copies of
any notice, demand, letter or bill received by Grantor from any government authority within five
(5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly furnish Grantee
with evidence of Grantor's compliance with such notice, demand, letter to bill, where compliance
is required by law.
12. Notice of Proposed Sale. Grantor shall promptly notify Grantee in writing of any
proposed sale of the Premises and provide the opportunity for Grantee to explain the terms of the
Easement to potential new owners prior to sale closing.
13. Runs with the Land. The obligations imposed by this Easement shall be effective
in perpetuity and shall be deemed to run as a binding servitude with the Premises. This Easement
shall extend to and be binding upon Grantor and Grantee, their respective successors in interest
and all persons hereafter claiming under or through Grantor and Grantee, and the words
"Grantor" and "Grantee" when used herein shall include all such persons. ,Anything contained
herein to the contrary notwithstanding, a person shall have no obligation pursuant to this
instrument where such person shall cease to have any interest in the Premises by reason by a
bona fide transfer, solely except for violations in existence at the time of transfer, for which
Grantor and all successors to Grantor shall be jointly and severally responsible, except that
Grantee may seek enforcement against any person deemed responsible without necessity of
joining all such responsible persons.
14. Title Insurance Recording. Grantee shall do and perform all acts necessary to
prompt recording of this instrument in the real estate records of the county wherein the Prerises
is located, and Grantor shall pay for the expense of recording. In addition, Grantor shall pay for
and furnish to Grantee a policy of title insurance (Attachment "1 "), in an amount equal to the
value attributable to this Easement, to be determined by the Qualified Appraisal required by
paragraph 25 of this Easement, or if such Qualified Appraisal is not required by paragraph 25,
then an appraisal in form satisfactory to Grantee, from an insurer acceptable to Grantee, insuring
enforceability, validity and priority of this Easement, and reflecting no liens, charges or
encumbrances on the Premises other than those described in paragraph 15. Provide proof of
ownership as Attachment "2."
15. Existing Liens. Except for those matters shown in Exhibit "D" hereto, Grantor
warrants to Grantee that no lien or encumbrance exists on the Premises as of the date hereof.
Grantor shall immediately cause to be satisfied or released any lien or claim of lien that may
hereafter come to exist against the Premises which may have priority over any of the rights, title
or interest of Grantee in the Premises.
16. Subordination of Mortgages. Grantor warrants and represents to Grantee that all
mortgages, liens, charges and encumbrances (solely except for ad valorem and other county or
municipal taxes) and other rights in the Premises held by all persons or entities other than
Grantee (the "Lienholder(s)") are subject and subordinate at all times to the rights of the Grantee
pursuant to this Easement. Grantor has provided a copy of the Easement to all Lienholders, and
the agreement of each of the Lienholder to subordinate all of their interest in the Premises to the
Easement is attached as Exhibit "E". The following provisions apply to all Lienholders now
existing or hereafter claiming an interest in the Premises:
(a) if a Lienholder has the right to receive the proceeds of condemnation
proceedings arising from any exercise of the power of eminent domain as to all or any part of the
Premises or the right to receive insurance proceeds as a result of any casualty, hazard or accident
occurring to or about the Premises, the Lienholder shall have a prior claim to the insurance and
condemnation proceeds and shall be entitled to same in preference to Grantee until the debt owed
to such Lienholder is paid off and discharged, notwithstanding that the interest of the Lienholder
is subordinate to the Easement.
(b) if a Lienholder has received an assignment of the leases, rents and profits
of the Premises as security or additional security for a loan, then the Lienholder shall have a prior
claim to the leases, rents and profits of the Premises and shall be entitled to receive same in
preference to Grantee until the debt owed to such Lienholder is paid off, notwithstanding that the
interest of the Lienholder is subordinate to the Easement.
(c) Until a Lienholder or purchaser at foreclosure obtains ownership of the
Premises, the Lienholder or purchaser shall have no obligation, debt or liability under the
Easement.
(d) Before exercising any right or remedy due to breach of the Easement
except the right to enjoin a violation hereof, Grantee shall give all Lienholder of record written
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notice describing the default, and the Mortgages shall have sixty (60) days thereafter to cure or
cause a cure of the default.
(e) Nothing contained in the above paragraphs or in the Easement shall be
construed to give any Mortgage the right to extinguish this Easement by taking title to the
Premises by foreclosure or otherwise.
17. Plaques. Grantee agrees that Grantor may provide and maintain a plaque on the
Facades or the Buildings, which plaque shall not exceed 18 by 24 inches in size, giving notice of
the significance of the Buildings or the Premises and the existence of this Easement.
18. Indemnification-, Immuni . The Grantor hereby agrees to pay, protect, indemnify,
hold harmless and defend at its own cost and expense, the Grantee, its agents, directors and
employees or independent contractors from and against any and all claims, liabilities, expenses,
costs, damages, losses and expenses (including reasonable attorneys' fees and disbursements
hereafter incurred) arising out of or in any way relating to the administration, performed in good
faith, of this Easement, including but not limited to the granting or denial of consents hereunder,
the reporting on or advising as to any condition on the Premises, and the execution of work on
the Premises. In the event that the Grantor is required to indemnify the Grantee pursuant to the
terms of the Easement, the amount of such indemnify, until discharged, shall constitute a lien on
the Premises. In addition, Grantor (and all other persons or entities claiming rights hereunder)
acknowledges and agrees that nothing contained in this Easement, or otherwise, shall defeat,
affect or act to waive the sovereign and governmental immunity enjoyed and inuring in favor of
Grantee.
19. Taxes. Grantor shall pay immediately, when first due and owing, all general taxes,
special taxes, special assessments, water charges, sewer service charges and other charges which
may become a lien on the Premises. Grantee is hereby authorized, but in no event required or
expected, to make or advance, upon three (3) days prior written notice to Grantor, in the place of
Grantor, any payment relating to taxes, assessments, water rates, sewer rentals and other
governmental or municipality charge, fine, imposition or lien asserted against the Premises and
may do so according to any bill, statement or estimate procured from the appropriate public
office without inquiry into the accuracy of such bill, statement or assessment or into the validity
of such tax, assessment, sale or forfeiture. Such payment, if made by Grantee, shall become lien
on the Premises of the same priority as the item if not paid would have had.
20. Insurance. The Grantor shall keep the premises insured by an insurance company
having a size of Class XIV or better and having a rating of "A+" or better by Best's Insurance
Reports for the full replacement value, if such policy is available, and, if not, for the full
appraised value, 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 of a type and in such amounts as would, in the opinion of
Grantee, normally be carried on a property such as the Premises protected by a preservation and
conservation easement, Such insurance shall include Grantee's interest and name Grantee as an
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additional insured and shall provide for at least thirty (30) days notice to Grantee before
cancellation and that the act or omission of one insured will not invalidate the policy as to the
other insured party. Furthermore, the Grantor shall deliver to the Grantee certificates evidencing
the aforesaid insurance coverage at the commencement of this grant and copies of new or
renewed policies at least ten (10) days prior to the expiration of such policy. The Grantee shall
have the right to provide insurance at the Grantor's cost and expense, should the Grantor fail to
obtain same. In the event the Grantee obtains such insurance, the cost of such insurance shall be a
lien on the Premises until repaid by the Grantor.
21. Liens. Any lien on the Premises created pursuant to any paragraph of the
Easement may be enforced by all available means, methods and remedies provided by this
Easement and by law.
22. Written Notice. Any notice which either Grantor or Grantee may desire or be
required to give to the other party shall be in writing and shall be mailed postage prepaid by first
class mail, or hand delivered; if to Grantor, then at First Lutheran Church 314 E. 8" Street
Little Rock,_ AR 72202, and if to Grantee, then to Arkansas Historic Preservation Program, 323
Center Street, Suite 1600, Little Rock, Arkansas 72201, Attention: Conservation Easement
Officer. Each party may change its address set forth herein by a notice to such effect to the other
party.
23. Evidence of Compliance. Upon request by Grantee, Grantor shall promptly
furnish Grantee with evidence of Grantor's compliance with any obligation of Grantor contained
in this Easement.
24. Stipulated Value of Grantee's Interest. Grantor acknowledges that upon execution
and recording of the Easement, Grantee shall be immediately vested with a real property interest
in the Premises and that such interest of Grantee shall have a stipulated fair market value, for
purposes of allocating net proceeds in an extinguishment pursuant to paragraph 26, equal to the
ratio between the fair market value of the Easement and the fair market value of the Premises
prior to considering the impact of the Easement (hereinafter the "Easement Percentage") as
determined in the Qualified Appraisal provided to the Grantee pursuant to paragraph 25. Upon
submission of the Qualified Appraisal, the Grantor and Grantee shall sign an affidavit verifying
the Easement Percentage and record it as an amendment to the Easement. In the event Grantor
does not claim a charitable gift deduction for purposes of calculating federal income taxes and
submit a Qualified Appraisal, the Easement Percentage shall be Zero percent (0%).
25. Qualified Appraisal. In the event Grantor claims a federal income tax deduction
for donation of a "qualified real property interest" as that term is defined in Section 170(h) of the
Internal Revenue Code, Grantor shall provide Grantee with a copy of all appraisals (hereinafter,
the "Qualified Appraisal" as that term is defined in P.L. 98-369, 155(a), 98 Stat. 691 (1983), and
by reference of the Easement. Upon receipt of the Qualified Appraisal, this fully executed
Easement, and any endowment requested hereunder by Grantee (if any), Grantee shall sign any
appraisal summary form prepared by the Internal Revenue Service and submitted to the Grantee
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by Grantor.
26. Extinguishment. Grantor and Grantee hereby recognize that an unexpected change
in the conditions surrounding the Premises may make impossible the continued ownership or use
of the Premises for the preservation and conservation purposes and necessitate extinguishment of
the Easement. Such a change in conditions includes but it not limited to partial or total
destruction of the Buildings or the Facades resulting from a casualty of such magnitude that
Grantee approves demolition as explained in paragraphs S,&, and 7, or condemnation or loss of
title of all or a portion of the Premises, the Buildings or the Facades. Such an extinguishment
must be either the result of a final judicial proceeding or have an Approval. Grantor shall be
solely responsible for determining, reporting and paying any taxes, penalties or other sums, in
addition to the legal, taxes and other effects of any extinguishment of the Easement.
27. Into rotation and Enforcement. The following provisions shall govern the
effectiveness, interpretation and duration of the Easement.
(a) Any rule of strict construction designed to limit the breadth of restrictions
on alienation or use of property shall not apply in the construction or interpretation of this
Easement, and this Easement shall be interpreted broadly to affect its preservation and
conservation purposes and the transfer of rights and the restrictions on use herein contained as
provided in the Act.
(b) This Easement shall extend to and be binding upon Grantor and all
persons hereafter claiming under or through Grantor and the word "Grantor" when used herein
shall include all such persons, whether or not such persons have signed this Easement or then
have an interest in the Premises. Anything contained herein to the contrary notwithstanding, a
person shall have no obligation pursuant to this Easement where such person shall cease to have
any interest (present, partial, contingent, collateral or future) in the Premises by reason of a bona
fide transfer for full value, solely except for violations in existence at the time of transfer, for
which Grantor and all successors to Grantor shall be jointly and severally•responsibie without
necessity of joining all such responsible persons. Any right, title or interest herein granted to
Grantee also shall be deemed granted to each successor and assign of Grantec and each such
following successor and assign thereof, and the word "Grantee" shall include all such successors
and assigns.
(c) This Easement is executed in counterparts, each page of which (including
exhibits) has been initialed by Grantor and Grantee for purposes of identification. In the event of
any disparity between the counterparts produced, the recorded counterpart shall constitute the
agreement of the parties.
(d) Except as expressly provided herein, nothing contained in this Easement
grants, nor shall be interpreted to grant, to the public any right to enter on the Premises or into the
Buildings.
12
(e) To the extent that Grantor owns or is entitled to development rights which
may exist now or at some time hereafter by reason of the fact that under any applicable zoning or
similar ordinance the Premises may be developed to use more intensive (in terms of height, bulk
or other objective criteria regulated by such ordinances) than the Premises are devoted as of the
date hereof, such development rights shall not be exercisable on, above or below the Premises
during the term of the Easement, nor shall they be transferred to any adjacent parcel and
exercised in a manner that would interfere with the preservation and conservation purposes of the
Easement.
(f) For purposes of furthering the preservation of the Premises and Buildings
and of furthering the other purposes of this Easement, and to meet changing conditions, Grantor
and Grantee are free to amend jointly the terms of this instrument in writing without notice to any
party; provided, however, that no such amendment shall limit the perpetual duration or interfere
with the preservation and conservation purposes of this Easement. Such amendment shall
become effective upon recording among the real estate records of the county where the Premises
is located.
(g) The invalidity of any statute providing authority for Grantee to enter into
this Easement or any part of this Easement shall not affect the validity and enforceability of the
remaining portions of this Easement according to its terms, it being the intent of the parties to
agree and to bind themselves, their successors and their assigns in perpetuity to each term of this
Easement whether this Easement be enforceable by reason of a statute, common law or private
agreement either in existence now or at any time subsequent hereto.
(h) Nothing contained in this Easement shall be interpreted to authorize or
permit Grantor to violate any ordinance or regulation relating to building materials, construction
methods or use. In the event of any conflict between any such ordinance or regulation and the
terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with
Grantee and the applicable governmental entity to accommodate the purposes of both this
instrument and such ordinance or regulation.
(i) This Easement reflects the entire agreement of Grantor and Grantee. Any
prior or simultaneous correspondence, undertakings, agreements and representations are null and
void upon execution hereof, unless set out in this instrument,
13
IN WITNESS WHEREOF, on the date first shown above, grantor has caused this
preservation and conservation easement to be executed, sealed and delivered; and Grantee has
caused this instrument to be accepted, sealed and executed in its corporate name by its Director
and attested by its Secretary.
GRANTOR:
First Lutheran Cburch
Printed name
Signature
Mark Haege, President
Title
Date
GRANTEE:
ARKANSAS HISTORIC PRESERVATION PROGRAM
Acting by and through the Arkansas Historic Preservation
Program
Frances McSwain
Printed name
/V/xf.AU,�.j
Signature
Director
Title
Date
'9/1'4R/l G
14
GRANTOR Notary Public
STATE OF ARKANSAS }
+' L ACKNOWLEDGMENT
COUNTY OFPU L — )
On this day of c1 2016, before me, a notary public,
personally appeared , who acknowledged himself/herself
to be the P1rS, o(r1.7 of rl -.s y GC � C� --, C-A vr. a(n) C'(1
and that he/she, as such Prc s : ,� 7 , being authorized so to do, executed the foregoing
instrument for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
Notary Public
My commission expires:
(SEAL
,{ f JUQY STEPHENS
MY COMMISSION # 12390478
EXPIRES: October 3o, 2022
47�;:-'. Pulaski County
GRANTEE Notary Public
STATE OF ARKANSAS)
) ss. ACKNOWLEDGMENT
COUNTY OF PULA.SKI )
On this ff""" day of �LLG ILi —G`f , 2016, before me, a notary public,
personally appeared Frances McSwain, who acknowledged herself to be the director of the
Arkansas Historic Preservation Program (AHPP), a state agency, and that she, as such director,
being authorized so to do, executed the foregoing instrument for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
Notary Public
My commission expires:
(SEAL)
JUDY STEPHENS
MY COMMISSION # 12390478 15
Exp;REs: October 30, 2022
At�� Pulaski County
STATE OF ARKANSAS
COUNTY OF
On this
personally appeared
to be the
GRANTOR Notary Public
}
} ss. ACKNOWLEDGMENT
}
day of , 2016, before me, a notary public,
Of
who acknowledged himself/herself
a(n)
and that he/she, as such , being authorized so to do, executed the foregoing
instrument for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
My commission expires:
(SEAL)
STATE OF ARKANSAS)
) ss.
COUNTY OF PULASKI }
Notary Public
GRANTEE Notaj-v Public
ACKNOWLEDGMENT
On this �_ day of 4" U -S4 , 2016, before me, a notary public,
personally appeared Frances McSwain, who acknowledged herself to be the director of the
Arkansas Historic Preservation Program AHPP , a state age _ncy„ and that she, as such director,
being authorized so to do, executed the foregoing instrument for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
Notary Public
r
My commission expires:'1
(SEAL)
rrY,g••
DAWN N. WASH1MGroN � �
MY COMMISSION # 12387411
EXPIFIES. A9111 25, 2322
:.A Pulaski County
.rY...
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.
t ^ .":.s .�' . •. ••. may.
�' L.� ... �
- Y';�y
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`_l���'�t...�� rya
Welch -Cherry „House — West View
Welch -Cherry House — North. View
17
EXH I6IT "BB"
VERIFICATION AFFIDAVIT
I verify that I took the photographs of Welch -Cherry House
Name of property
on March 2 2016 8/15/16
Date Signature
18
EXHIBIT "C"
MINIMUM MAINTENANCE STANDARDS
The property will be maintained in accordance with the U.S. Secretary of the Interior's Standards
for Rehabilitation.
The Secretary of the Interior's Standards for Rehabilitation
http:llwww.nps.gov/histoiy hps/Ms/tax/rhb/stand.htm
The Standards (Department of Interior regulations, 36 CFR 67) pertain to historic buildings of all
materials, construction types, sizes, and occupancy and encompass the exterior and the interior, related
landscape features and the building's site and environment as well as attached, adjacent, or related new
construction. The Standards are to be applied to specific rehabilitation projects in a reasonable manner,
taking into consideration economic and technical feasibility.
1. A property shall be used for its historic purpose
or be placed in a new use that requires minimal
change to the defining characteristics of the
building and its site and environment.
2. The historic character of a property shall be
retained and preserved. The removal of historic
materials or alteration of features and spaces that
characterize a property shall be avoided.
3. Each property shah be recognized as a physical
record of its time, place, and use. Changes that
create a false sense of historical development, such
as adding conjectural features or architectural
elements from other buildings, shall not be
undertaken.
4. Most properties change over time; those changes
that have acquired historic significance in their
own right shall be retained and preserved.
5. Distinctive features, finishes, and construction
techniques or examples of craftsmanship that
characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired
rather than replaced. Where the severity of
deterioration requires replacement of a distinctive
feature, the new feature shall match the old in
Signature
WE
design, color, texture, and other visual qualities
and, where possible, materials. Replacement of
missing features shall be substantiated by
documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as
sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of
structures, if appropriate, shall be undertaken using
the gentlest means possible.
8. Significant archeological resources affected by a
project shall be protected and preserved. If such
resources must be disturbed, mitigation measures
shall be undertaken.
9. New additions, exterior alterations, or related
new construction shall not destroy historic
materials that characterize the property. The new
work shall be differentiated from the old and shall
be compatible with the massing, size, scale, and
architectural features to protect the historic
integrity of the property and its environment.
10. New additions and adjacent or related new
construction shall be undertaken in such a manner
that if removed in the future, the essential form and
integrity of the historic property and its
environment would be unimpaired.
SI15116
Date
EXHIBIT "D"
AFFIDAVIT OF EXISTING LIENS OR ENCUMBRANCES
� There are no liens or encumbrances on this property.
❑ There are liens or encumbrances on this property.
[Please complete the Subordination Agreement]
Signature
20
8/15/1 G
Date
7-11 -E RX-9:
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ATTACHMENT 'T'
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ATTACHMENT "Z"
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By
=Y SPECIAL WARRANTY UEen�
BROW ALL MM �Bi THESE PRSS$NTS.,
'TRAP DNIGN IJATIONAI; AOF LITTLE ROCK, of Little Rnck,.
Arkansas, a Oat iaual-Rav}iid( us Corpgrati6n be reinafter re:v=
to as- Grantor in its dapacity as Trustee under the Will of L'ina
D. Cherry, deceased,.by'. iris Vice -President anti Trust officer,
J. H. NWEN. and Z, T, WOOIY, -i.t6 S ra Lary, horeimto duly acLthox-
ieed, for and in. densideration of the six¢"af $75,'QO(1 �� paid' and .
ta.lie paid to it as follows:
Seven Thousand Five 'Hundred Aollars.($7,SOC _00)'.cash in
hand paid. [o 's,ad grantor -in its ctpacit-y aforesaid -.by FRANK
PIi7tC$I;INER, VELR$4!7 EEGMEgG and GUS K1T2MW. as Trustee@ of he
FIRST LUTHERAii-POVRCH oX Little Rgck,. Arkanges, lieieinafter to-
terrad to cdlleativeEy aeGrantaes, the_- receiptof'whicki is
hereby acowledgad, and theEalan ceof 3SxtySeyen .Thousand Five
Hundr@d Iiollars 067,5pQ . DO) ,`beidg .ev5;deneed by it negotiable Vrom-
issory Rote of even daze--liexew th exec uted'by. Grantaag .to Cla
order of Grantor and payabld i:u 1.nstallmon is as follawa:
interest shall be due and payable semi-annually nn the
unpaid balance of the principal -sum of said note at the rate
of five'aod,ane-half per :cent (5 %).peir sonum from date until
maturity aiyl"after maturity and until paid at the rate of ten
per cent (lot) per annvm with a first installwent of principal
in the amount of .$7,500.00 being due. and .payable one .year after
datethereof and .l:he reuFaieing .l?alance of $60.,'000:00 of the pl;in-
cipaL_with adnrued interest "Areon.payabie:in'tpenty-eight (2$}
equal. semi-annual ins talliueots of Three Thousand one lfundred end
631100 Dollars.($3,100.65) each, the
proceeds of each such inataLl-
ment to•be.applied fir$t to payment n$ interest on the unpaid bal-
. once of the.pXlncipal sum of said note. and the -remainder to ba
'applied toward the red"Ction of the grip ciga l;. p;prided, that any
unpaid balanoe.O principal and/or ipYe_rest rgmayb In g due on said
note at the.en-piration of futeen .(15) years from the data hereof
shall be due and'l+ayable;
—� FailurJe to pay any .inatallmant of principal ox interest of
said note within .a period .of sixty days after such instal as lwentb
become due apd. payable shall, at the option of the then holder
or holders Of said note, mature. all vupaid instailffien is thereof
and the entire balance thereof together with accrued interest
thereon. shall be due.and payable without . aotica; -
The Grantees shall have the privilege of making additional
payments on the.priuc4a3, suw tliereof on. any interest.paying period
and -,in any amount without j eo e44y-,
Boas hereby grant, sell, and c' Y unto the said,Grantees- -
and unto their successors and assi�na £erever the fb'S.Iowing de
scribed lands situated in the County of Pulaski and State of Ark-
ansas, to -wit: -
The West 40 feet of Lot 10 and all OR Lets 11 and
12,-in Block 42 of the priginal City of. Little Rack,
SlrkangaS. , . .
! The East 67; feet of Lots 1,:2 and 3, 1
�. pfY�. the Original City of Little 866k, .A �ux3'sA.;:' ' y�t•.
. TO FAVE AND TO %OLD the same 60 the said Grantees and unto
23
their suacassors and assigns forever as Trustees for the FIRST
1,UTkT SIs CHURCH of Little ROck, Arkansas, with all improvemQv"
located thereon and all appurtenances thareunto belonging and
the Grantor hereby covenants with the said Grantees that it, in
its capacity as such Trostea, will forever warrant and defend the
title to said lands against all claims and encumbrancea done or
suffered by it but against none other.
So long as any portion' of said note or any extension or
renewal thereof rmnaina unpaid together with accrued interest
thereon grantees agree and coypnant with grantor that .the
grovemants.:oz;.slfie-im--
aidyinsured _in.gmounts.and-.
In c—paniesaatlsfaetoryrn7th - -
loss payable claueea
iq.ebe policies evj.deneing said in surance,providing for payment'
of the proceeds tpereef. in event of loss: as. .the _interest of grantor
may appear and. said..polici,es: .vil-1,be filed .with grantor for safe
keeping. Grantees further agree ,to prcvptly.pay . all premiums. be-
coming due. and payable oo said insuranc? and all taxes,, general
or spect.al., hereafter adcr4g against said lands aud.further agree
that in the.event of failure of grantees to pay said premiums and
taxes .the then holder or holders of said note may declare the•
entix'e unpaid hai4nce of aaid'nvte. due and payabla.without notice.
Grantor retains a vendoi.'s lien upon the above described par-
cels of land to secure paymept of saidaete with interest and any
extensions or renewals. thereof.
Grantees shall have the right at their .sole expense to re-
prove the two-story barn located on the West 40'feet of Lot 10
aforesaid and such fencing, trees and shrubbery as grantees deem
neceaaary to .provide additional school playground spade and park-
ing $acilitiea" and granteea shall,, also,'have the' -right to make
such alterations in and nF the two-story iracant resi.denca located
on said lands as they deemdesirable to convert the same into
rental units or to make such rasidence suitable for church or
church seheol use,. however, grantees expressly agree and covenant
with grantor that no further removals or alterations other than
ehoae expressly authorized above shall ba made without the prior
consent of the grantor in writing so long as any part of the prin-
cipal or interest of said note including any extensions or renewals
thereof ramain unpaid; and any violatims of this covenant .which in
the sole judgment of grantor aubstautially lessens the value of
the aecur Lty afforded by the vendor's .lieu herein retained shall
entitle -the then holder or holders of said note to injunctive relie
in a court ok competent jurisdiction and to forrther declare the
unpaid balance of the aforesaid indebtedness due and payable with-
out notice.
IN TESTIMONY WHEREOF the name of the grantor is hereunto
affixed by its Vice -President and Trust Officer adds its seal a-
ffixed hereto by its Secretary on this the Y o
Oetaber, 1458.
UKI017 NATIONAL BANK OY LITTLE ROCK
as Trustee -
Under the Will cf Line D. Cherry,
aleceadod -
By.
is ce-Preai ant an TN st O£i`-ic.
24
STATE OF ARIML M)
)SS
on .this Py' day of Octoberi 1958, before eie�
aLzotary=Public,iycoimni.Asioned, gtialified and ac yids, within an
for the aforesaid cpunty and state, appeared in peroom the 'within
named J, 8. BOWER end Z. T. WOOD, to me personally well known,
who stated that they ware the Vice president and Secretary, respective)
of UVION NATIONAL BANK OF L1TTI.E BOCK, Little Rack, Arkanaaaw a
national banking.corpor4tion, sod were duly authorized in their
respective capacities td executa the foregoing instrument for and in
the name and beha:lf, of said corporation as Trustee under the Will of
Ldna D. Cherry, daoessed, aad further stated and acknowledged' that
they had so signed, exacuted and delivered said foregoing instrument
.for the conaideXation, uses and purposes therein mentioned and set
forth and on behalf of sald bank as Trustee under the aforesaid
Will.
IN TESTIMONY WHEREOF, i have hereunto set my hand and
Official Seal this _a±E:j day of October, 1958.
Notary Pub is
i[y commission expYxea S) ('-L I
f na 7/ File& for aeCPsd p =85"L &t 3: 3n0'02cck 4)t.
and recorded ,r7195 f-
(SiAL) MM6 t Lro)rAIS CLkaN
F—.__...-....- ---
.__ _--_...
25
ATTACHMENT " Y'
First Lutheran Church
314 E. 8h Street
Little Rock, AR 72202
Arkansas Historic Preservation. Program
323 Center Street, #1500
Little Rock, AR 72201
RE: Authorization to Convey Easement
Arkansas Historic Preservation. Program:
On behalf of First Lutheran Church, we authorize conveyance of a Historic Preservation
Easement to the Arkansas Historic Preservation Program, of the Welch -Cherry House located at
700 Rock Street, Little Rock, AR 72202, in accordance with, and provided the grant funds are
received in the amount of $15,480.00, the Arkansas Historical Preservation Restoration ['want
Program.
CVLL f)- i5,-- 8/15/16
Mark Hagge
President, First Lutheran Church
Robert Airo
Trustee, First Lutheran Church
8/15/16
26