Attachment C - Restrictive Covenant.pdf

City of Phoenix — Land Use and Livability Subcommittee (2020-11-18)

Extracted text (via pymupdf) 7488 characters

1
WHEN RECORDED RETURN TO:
City of Phoenix
Historic Preservation Office
200 West Washington Street, 3rd Floor
Phoenix, Arizona 85003
Exempt Under A.R.S. § 11-1134(A)(2)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made
as of the ____ day of ______________ 2020, by the CITY OF PHOENIX, a municipal
corporation, organized and existing under the laws of the State of Arizona (“City”), 200
West Washington Street, Phoenix, Arizona 85003-1611.
RECITALS
A.
The City is the owner in fee simple of that certain property located at 747
West Van Buren Street, Maricopa County, Arizona, more particularly described in
Exhibit “A” attached hereto and incorporated herein by this reference (“Property”),
including all improvements, fixtures and buildings thereon (“Structures”). Any reference
to the “Property” hereinafter shall include the “Structures.”
B.
The City’s responsibilities as a municipality include the protection of the
public interest in preserving architecturally and historically significant structures within
the City of Phoenix.
C.
The Property is the Arizona National Guard Building designed by
Depression-era architect Orville A. Bell and was constructed by the Works Progress
Administration in 1939 as the Adjutant General’s Office of the National Guard. It is
significant not only for its military history but its interpretation of the Moderne Style using
cast-in-place concrete construction with fluted pilasters and tripartite horizontal detailing.
The City recognizes and is creating this Declaration on the Property for the purpose of
preserving the historical and architectural value and significance of the Property.
D.
The City intends to convey the Property to a private entity subject to the
terms and conditions of this Declaration.
DECLARATION
1.
Recitals. The Recitals above are incorporated herein by this reference.
2.
Governing Law. This Declaration will be governed by the laws of the State
of Arizona.
Attachment C

3.
Term of Restrictive Covenants. The term of these restrictive covenants will
be thirty (30) years from the date hereof, for the purpose of conserving and preserving
the Property and accomplishing the other objectives set forth herein.

4.
Documentation of the Existing Conditions and Facades. For the purposes
of these restrictive covenants, the City of Phoenix Historic Preservation Office will
document the existing Property and all exterior facades in their external condition as of
the date hereof (“Present Property”) in an original set of photographs.

5.
Maintenance.

5.1
Maintenance of the Property. The Structures and their respective
facades, as well as the remainder of the Property, must at all times be maintained in a
good and sound state of repair in accordance with the Secretary of Interior Standards
for the Treatment of Historic Properties (“Standards”) so as to prevent the deterioration
of the Property or any portion thereof, to prevent visual obstruction of the Property from
public viewpoints such as adjacent streets; and prevent the intrusion of new
improvements, walls, fences, statues, landscaping or fixtures that substantially modify
the public view of the Property and its associated streetscape and open space, and are
deemed to be not in accordance with the Standards. No physical changes to the
Structures, facades or fixtures, may be made without the advance approval from the
City Historic Preservation Office including but not limited to: changes to the roof,
foundation work, exterior surfaces, windows or doors; any removal of mature
vegetation; any demolition or new construction; any construction or alteration of patios,
decks or porches; any construction or alteration of features such as fencing, walls,
statuary, paving and grading; any new stucco or re-stuccoing work; or any masonry
work, such as tuckpointing, paint removal, pressure water cleaning, chemical cleaning
or application of sealants. In no event is sandblasting or other mechanical or abrasive
cleaning method permitted. This provision does not apply to routine maintenance,
installation of sprinkler systems, or landscaping except for hardscape improvements
and removal of mature vegetation. The maintenance obligations provided herein shall
require replacement, repair and reconstruction according to the Standards within a
reasonable time whenever necessary to have the Property at all times appear to be the
same as the Present Property.

5.2
Maintenance of the Structural Elements. The Structures must be
maintained and repaired as is required to ensure the structural soundness and the
safety of the Structures.

5.3
Inspection. In order to periodically inspect the Property,
representatives of the City shall have the right to enter the Property.

5.4
Visual Access. The Property must be maintained in such a manner
as to not substantially obstruct the opportunity of the general public to view the exterior
architectural and historical features of the Property from adjacent publicly accessible
areas such as public streets and sidewalks. Any proposed changes to the Property that

would modify the general public view of the exterior architectural and historical features
of the Property from adjacent publicly accessible areas requires advance approval from
the Historic Preservation Office.

6.
Covenants Run with the Land; Successors Bound Thereby. It is the
specific intention of the City that this Declaration and the covenants and restrictions set
forth herein shall and are covenants running with the Property, encumbering the
Property, and are binding upon the City’s successors in title and all subsequent owners
and operators of the Property for the period set forth above.

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4
IN WITNESS WHEREOF, the City executed this Declaration the date first above
written, which Declaration shall be effective immediately upon such execution.
CITY OF PHOENIX, a municipal corporation
Ed Zuercher, City Manager
By: _______________________________
Tracee Hall, Acting Director
Parks and Recreation Department
By: _______________________________
Michelle Dodds,
Historic Preservation Officer
ATTEST
_________________________________________
City Clerk
APPROVED AS TO FORM
_________________________________________
City Attorney

STATE OF ARIZONA
)

)
ss.
County of Maricopa
)

The foregoing Declaration of Restrictive Covenants, consisting of 5 pages and an
attached Exhibit A – Legal Description, was acknowledged before me this ____ day of
__________ 2020 by Tracee Hall, Acting Director of the Parks and Recreation
Department, on behalf of the City of Phoenix, an Arizona municipal corporation.

___________________________________________

Notary Public

My Commission Expires: