94-089-811 Me. Code R. § app. B

Current through 2021-14, April. 7, 2021
Appendix 089-811-B

SAMPLE COVENANT

THIS CONVEYANCE is made this [first] day of [July, 19861 by and between the [Anytown Historical Society], a non-profit organization] having its location in [Anytown], Maine, hereinafter sometimes called the Grantor, and the State of Maine through the Director of the Maine Historic Preservation Commission, hereinafter, sometimes called the Grantee.

WITNESSETH

WHEREAS THE Grantor is owner of certain premises known as the [John Doe House] in [Anytown], Any County), Maine, which premises have been listed in or nominated to the National Register of Historic Places under the National Historic Preservation Act of 1966 ( P.L. 89-665, 16 U.S.C. §470a, et seq.); and

WHEREAS THE State of Maine through the Director of the Maine Historic Preservation Commission is presently responsible for precluding any activity or omission at the premises which would destroy or impair its value to the public as an historic place; and

WHEREAS THE Grantor is willing to grant to the State of Maine the easement as hereinafter expressed for the purpose of insuring that the value of the premises for such purposes will not be destroyed or impaired;

NOW THEREFORE in consideration of the sum of One Dollar and other valuable consideration paid to the Grantor, the receipt whereof is hereby acknowledged, the Grantor does hereby give, grant, bargain, sell and convey, with covenant of warranty, into the State of Maine an easement in the following described lots or parcel of land, with the buildings and improvements thereon (the real property together with the buildings and improvements thereon and the fixtures attached thereto and the appurtenances thereof, being hereinafter collectively referred to as the "Property") located in [Anytown, Any County], Maine and described in the [Any] County Registry of Deeds, [Book 1226, Page 402].

The easement herein granted shall be of the nature and character hereinafter expressed and shall be a covenant running with the land, binding upon Grantor; its successors and assigns.

The Property is comprised of grounds, collateral, or appurtenant improvements and the John Doe House. The John Doe House is more particularly described as follows:

The [John Doe House], built in 1857, is a 1 1/2-story frame building with a single, central brick chimney, gable roof, clapboard siding, and full-stone foundation. Windows are generally of 9/6 double-hung type.

The foregoing description of the John Doe House may be amended, replaced, or elaborated upon in more detail, and a description of the style, landscaping and similar particulars of the grounds, and any collateral or appurtenant improvements on the Property may be added, by an instrument in writing, signed by both parties hereto, making reference to this Easement Deed and filed of record in the [Any] County Registry of Deeds. If and when such an instrument is placed of record, it shall be deemed to be a part of this Easement Deed as if set out herein.

For the purpose of preserving, protecting, maintaining the Property, including its significance and value to the public as an historic place, the Grantor does hereby covenant and agree, on behalf of itself, its successors and assigns with the Grantee, its successors and assigns, as follows:

1. The owner agrees to assume the cost of continued maintenance and repair of the property, in accordance with the approved Maintenance Management Plan, so as to preserve the architectural, historical, or archaeological integrity of the property for [5] years in order to protect and enhance those qualities that made the property eligible for listing in the National Register of Historic Places. Nothing in this agreement shall prohibit the subgrantee from seeking financial assistance from any source available to him.
2. No signs shall be erected and no activity shall be conducted on the Property which would destroy or diminish its historic, cultural, or aesthetic value, and all things shall be done which are reasonably necessary to insure that the Property continues to qualify as an historic place under the National Historic Preservation Act of 1966.
3. The grounds and landscaping of the Property shall be maintained in a healthy condition and in a manner exemplifying the period and style of the [John Doe House].
4. No alterations to the Property (including particularly, but not limited to, the [John Doe House] as described herein) shall be undertaken, commenced, or performed without the prior written approval of the State of Maine through the Director of the Maine Historic Preservation Commission.
5. Utility entrances needed from time to time shall be installed in a manner which will not impair the aesthetics of the Property.
6. Grantee, its agents and designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether or not the terms and conditions of this Easement Deed are being complied with.
7. As state assistance has been employed for restoration and repair of the [John Doe House], the Grantor agrees to allow public access not only to the grounds of the Property, but to the interior of the John Doe House for a minimum of eight (8)weeks per year. Public access may vary as to hours and days per week in accordance with seasonal demand provided, however, (i) that the grounds and the interior shall be open to the public for a sufficient amount of time and with a degree of frequency to afford reasonably convenient access by members of the public desiring to see it and (ii) cultural institutions and similar groups shall have access at any reasonable time, regardless of the season, subject only to the advance negotiation of adequate remuneration for attendants necessary to accompany such groups. Fees for admittance may be levied by the Grantor provided that the amount of such fees are reasonable and are commensurate with and comparable to the fees charged in Maine at the time for access to other historic or cultural buildings.
8. If the Grantor fails to observe or if the Grantor violates any covenant, agreement, or provision contained herein, then the Grantee shall in addition to all other remedies available at law or in equity, have the right to enforce this Basement Deed, including each of its provisions, by specific performance.
9. The covenant and agreements set forth herein shall be binding upon and shall inure to the benefit of the Grantor and the Grantee and their respective successors and assigns. TO HAVE AND TO HOLD the aforegranted and bargained Easement with all the privileges and appurtenance s thereof to the said State of Maine through the Director of the Maine Historic Preservation Commission, its successors and assigns, to its and their use and behoof for a period of years from and after the date hereof.
10. The Grantor agrees to convey to the State of Maine first right of refusal in the event that at some future time they shall wish to sell the premises referred to in this Easement.

IN WITNESS WHEREOF, The [Anytown Historical Society], signed by

__________________, ____________________, and

___________________, its officers duly authorized and have hereunto set hand and seal for the purpose set

forth above, all as of the day and year first written above.

[THE ANYTOWN HISTORICAL SOCIETY]

By_________________________

____________________________

_____________________________

STATE OF MAINE

Any,§ Date________________________

Then personally appeared the above named _________________________, _________________________, and _________________________, of the Anytown Historical Society, and acknowledged the foregoing instrument to be their free act and deed in said capacity and the free act and deed of the Anytown Historical Society, Anytown, Maine.

Before me,____________________

Notary Public

94-089 C.M.R. ch. 811, 089-811 app B