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HomeMy WebLinkAbout09- TB Story Mansion and Carriage House Conservation Easementp~~~~ v ....~., 2338483 Page: 1 of 21 07/3112009 01:02:44 PM Fee; $147.00 Charlotte Mills -Gallatin County, MT MISC 1~l~ll~lflli~l llllllll~l~lllt11111~11111111 llil~lll~ll~lllllllll~lllll~lll~lil_- Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 T.B. STORY MANSION AND CARRIAGE HOUSE CONSERVATION EASEMENT AGREEMENT FOR SAVE AMERICA'S TREASURES GRANT N0.30-04-ML-0046 INTRODUCTION. This conservation easement agreement is made the ~~day of In 2009, between the City of Bozeman, as Grantor of a conservation easement (hereafter referreded the "Grantor"), and the Montana State Historic Preservation Office, as Grantee of the conservation easement (hereafter referred to ask the "Grantee"). This conservation easement agreement is for the purpose of preserving the T.B. Story Mansion and Carriage House property (hereafter referred to as "Subject Property"), aone-block City of Bozeman site, which includes two buildings, that is culturally, historically, and architecturally significant. 1. The Subiect Property. This agreement creates a conservation easement in real estate for the Subject Property, which is legally described as Lot lA, Block 3, Amended Butte Addition, City of Bozeman, Gallatin County, Montana, and is located at 811 South Willson Avenue and 111 West Harrison Street, Bozeman, Montana. 2. Grant of conservation easement. In consideration of the sum of $493,839.00 received in grant-in-aid financial assistance from the National Park Service of the United States Department of the Interior, the Grantor hereby grants to the Grantee a conservation easement in the Subject Property for the purpose of assuring preservation of the Subject Property. 3. Easement required for federal grant. This conservation easement is granted as a condition of the eligibility of the Grantor for the financial assistance from the National Park Service of the United States Department of the Interior appropriated from the Historic Preservation Fund for the Save America's Treasures Grant Program. 4. Conditions of easement: a. Duration. This conservation easement is granted for a period of fifty (50) years commencing on the date when it is filed with the Gallatin County Clerk and Recorder's Office. b. Documentation of condition of the Subject 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 Subject Property, including significant landscape and open space features, building interior elements in spatial context, a list of character-defining building materials, features and spaces, is incorporated as "Exhibit A" at the end of this agreement. The Grantor has provided to the Grantee as-built architectural drawings of the buildings, which are incorporated as "Exhibit B" at the end of this agreement. The Grantor agrees that the nature and condition of the Subject Property is accurately documented by the written narrative and architectural drawings, which shall be maintained for the life of this easement in the Grantee's conservation easement file for the Subject Property. c. Restrictions on activities that would affect historically significant components of the Subject Property. The Grantor agrees that no construction, alteration, or remodeling, or any other activity shall be undertaken or permitted to be undertaken on the Subject Property which would affect historically significant landscape and open space features, exterior building construction materials, architectural details, form, fenestration, height of the buildings, and building interior spaces and features identified in "Exhibit A" and "Exhibit B", or adversely affect its structural soundness without prior written permission of the Grantee, affirming that such reconstruction, repair, repainting, refinishing, rehabilitation, preservation, or restoration will meet The Secretary of the Interior's Standards for the Treatment of Historic Properties (hereinafter referred to as the "Standards"). d. Duty to maintain the Subject Property. The Grantor agrees at all times to maintain the Subject Property in a good and sound state of repair and to maintain the Subject Property according to the Standards so as to prevent deterioration and preserve the architectural and historical integrity of the Subject Property in ways that protect and enhance those qualities that make the Subject Property eligible for listing in the National Register of Historic Places. e. Public access. The Grantor agrees to provide public access to view the grant-assisted work or features no less than 12 days a year on an equitably spaced basis. The dates and times when the Subject Property will be open to the public must be annually published and provided to the Grantee. At the option of the Grantor, the relevant portions of the Subject Property may also be open at other times by appointment, in addition to the scheduled 12 days a year. Nothing in this agreement will prohibit a reasonably nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. f. Right to inspect. The Grantor agrees that the Grantee, its employees, agents and designees shall have the right to inspect the Subject Property at all reasonable times, with twenty-four hours written notice, in order to ascertain whether the conditions of this easement agreement are being observed. g. Anti-discrimination. 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 accommodation to qualified disabled persons shall be made in consultation with the Grantee. h. Easement shall run with the land; conditions on conveyance. This conservation easement shall run with the land and be binding on the Grantor, its successors and assigns. The Grantor agrees to insert an appropriate reference to this easement agreement in any deed or other legal instrument by which it divests itself of either the fee simple title or other lesser estate in the Subject Property, or any part thereof. 2 Casualty Damage or Destruction. In the event that the Subject Property or any part of it shall be damaged or destroyed by fire, flood, windstorm, earth movement, or other casualty, the Grantor shall notify the Grantee in writing within 14 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 Subject Property and to protect public safety, shall be undertaken by the Grantor without the Grantee's prior written approval indicating that the proposed work will meet the Standards. The Grantee shall give its written approval, if any, of any proposed work within 60 days of receiving the request from the Grantor. If after reviewing the condition of the Subject Property, the Grantee determines that the features, materials, appearance, workmanship, and environment which made the Subject Property eligible for listing in the National Register of Historic Places has been lost or so damaged that its continued National Register listing is in question, the Grantee will evaluate the findings and notify the Grantor in writing of any decision to remove the Subject Property from the National Register. If the Subject Property is removed, the Grantee will then notify the Grantor that the agreement is null and void. If the damage or destruction that warrants the properties removal from the National Register is deliberately caused by the gross negligence of the Grantor or future owner, then the Grantee will initiate requisite legal action to recover, at a minimum, the Federal grant funds applied to the Subject Property which will then be returned to the U.S. Treasury. Enforcement. The Grantee shall have the right to prevent and correct violations of the terns of this easement. If the Grantee, upon inspection of the Subject Property, finds what appears to be a violation, it may exercise its discretion to seek injunctive relief in a court having jurisdiction. Except when an ongoing or imminent violation will irreversibly diminish or impair the cultural, historical and architectural importance of the Subject Property, the Grantee shall give the 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. If a court, having jurisdiction, deternines that a violation exists or has occurred, the Grantee may obtain an injunction to stop the violation, temporarily or permanently. A court may also issue a mandatory injunction requiring the Grantor to restore the Subject Property to a condition that would be consistent with preservation purposes of the grant from the National Park Service. In any case where a court finds that a violation has occurred, the court may require the Subject Property to reimburse the Grantee and the State Attorney General for all the State's expenses incurred in stopping, preventing and correcting the violation, including but not limited to reasonable attorney's fees. The failure of the Grantee to discover a violation or to take immediate action to correct a violation shall not bar it from doing so at a later time. k. Amendments. The parties may by mutual written agreement jointly amend this easement, provided the amendment shall be consistent with preservation purpose of this easement and shall not reduce its term of duration. Any such amendment shall not be effective unless it is executed in the same manner as this easement, refers expressly to this easement, and is filed with the Gallatin County Clerk and Recorder's Office. Effective date; severabiliry. This conservation easement shall become effective when the Grantor files it in the Office of the Recorder of Gallatin County, Montana, with a copy of the recorded instrument provided to the Grantee for its conservation easement file. If any part of this conservation easement agreement is held to be illegal by a court, the validity of the remaining parts shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the conservation agreement does not contain the particular part held to be invalid. GRANTOR: C~ j't Name ICJ ~~ r~4 ~~~ty c} 7(- ~y M~ "~ ~ lR A STA`~A~E' ~2~Q1V ~A ) r~ 4°~w~ )ss. County of Gallatin On this ~g day of C~ , 200, before tne, a Notary Public for the State of Montana, personally appeared CHRIS I UKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~\\11I IK////~~~ ~ ~~~~EE .. , ~ S S ~/,~ AIMEE KISSEL ~~ ~ ~~~~ i ~ F I ~. = P~~NOTn~InL MONTANA O FOR THE STATF_ SEAL ~ ~ - ( ) RESIC1INO 4T BOZEMAN, MONTANA MMISSION EXPIRES - _ --. .. ~* * - ~_e. " ~ i * 0 MY GU 20 1 2 , i, ~ ,l . r.7 ,~,~ \ ~ 1 ~ - U - ~~. . ~~. i 1 • \ T . , ~OF,'~o'f~\\\ ,~.~~\~ ~~ ~ ~ %iilt~l ~~~ Notary Public for State of Montana (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20_ 4 GRANTEE: STATE OF MONTANA )ss. County of Gallatin On this day of ~Yt~L7 , 20~, before me, a Notary Public for the State of Montana, personally appeared MARK BAUMLER, known to me to be the State Historic Preservation Officer for the Montana State Historic Preservation Office and the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the Montana State Historic Preservation Office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~. fit ~~ .,. ~'` p `' ~, ; r, •. ~ c '" ~'. ' (SEAL) ' p~ ' ,c. x,ff ~~`r r, ..... ~y., ~~ Notary Public for State of Montana (Printed Name) ~o~/~~tN~ ~~J Residing at ~eae.~au, Montana My Commission Expires: ~~ / !8 /20l~ EXHIBIT A TO T.B. STORY MANSION AND CARRIAGE HOUSE CONSERVATION EASEMENT AGREEMENT T.B. Story Mansion and Carriage House, Bozeman, Montana To remain eligible for listing on the National Register of Historic Places, a property must be able to convey its significance. The following character-defining features have been identified as those that help convey the significance of the T.B. Story Mansion & Carriage House property.* Significant Exterior Spaces and Features The Building Site/Lawn The Story Mansion and Carriage House property occupy an entire city block in the heart of Bowman's Bon Ton Historic District. It is one of a few surviving historic mansions in Montana that graces an entire city block in an urban setting. Barn/Carriage House The original barn/carriage house is an important historic feature of the Story Mansion property. Key architectural characteristics of the barn include its traditional gambrel roof, a hay hook, second story hay door on the west elevation, two pitched roof dormers on the south and north elevations, a large chimney, and unusual decorative half-timbering in the barn's stuccoed gambrel ends. Historically the barn helps to date the property as a site that developed on the town's periphery prior to the advent of the automobile. The barn also speaks to the agrarian heritage that helped define the success of the T.B. Story family and Bozeman generally. The physical location of the barn also helps to define the southwest quadrant of the Story Mansion property and the existing parking area. It is also one of the few surviving large barns within the city limits. Landscape - "The Grove" The mature cottonwoods, lilacs, and other landscaping on the site make a significant visual contribution in defining the historic appearance of the southeast quadrant of the property. The grove constitutes an important "outdoor room" of the site. Architectural Design The design of the Story Mansion is a key aspect of its overall visual character. Its size, scale, and location on the city block it occupies help to distinguish the mansion from other notable historic properties in its vicinity. Its distinctive asymmetrical massing and massive front porch are characteristic of Queen Anne architecture, a common local architectural style in Bozeman during the late nineteenth and early twentieth centuries. The Story Mansion is stylistically unusual and somewhat difficult to classify, having details that are reflective of many styles of architecture. The mansion exterior features a broad range of stylistic influences in addition to Queen Anne architecture, including Tudor Revival, and to a lesser extent Craftsman details. The Principal Facades: Because the Story Mansion occupies an entire city block and is of a significant size and scale, each of its facades is easily viewed by the general public. The principal facades of the mansion are the front/east (South Willson Avenue) and the north (West College Street) elevations. Front/East (S. Willson Avenue) Especially noteworthy on the front fapade is the large circular turret bay at the northeast corner of the building. This architectural feature is crowned by a conical shingled roof with exposed rafter tails and is accented by rounded glass windows. The turret's decorative dormer, complete with a Tudor-influenced pointed arch window and flared bargeboards is an especially appealing feature of the front fagade. The stuccoed gabled ends with decorative half-timbering are another significant character-defining feature that serves to link the residence loosely to the Tudor Revival Style. Serving to further embellish and lend textured variation to the building's facades are small and larger dentil-like modillion courses under the cornices and fascia boards. The numerous smaller scroll sawn brackets under the eaves are another unusual characteristic North (W. College Street) The north elevation contains the significant porte-cochere feature, which was originally the primary entrance for residents of the Story Mansion. Main Entrance & Porch/Solarium The Story Mansion is dominated by cone-story, recessed wrap-around porch/solarium on its front (east) and side (south) elevations. The porch and its supporting columns are a key character-defining feature of the property. The porch's smaller, classically-inspired wooden octagonal columns are representative of later, but still a common interpretation of, the Queen Ann style, known as free classic. The porch/solarium also features some massive Craftsman-inspired tapered square masonry columns. Other interesting features of the porch/solarium are the several decorative sandstone porch drains, accented with light Columbus sandstone voussoirs and larger keystones, which punch through the thick Bridger sandstone stone porch wall. Both functional and decorative, these architectural elements have undoubtedly helped to preserve the structural integrity of the porch system. More than an important transitional space between the massive house and its extensive lawn, the porch/solarium plays a key role in defining the dominant architectural style of the Story Mansion, as well as its distinguishing decorative detailing. The mansion may be the only example of Queen Anne architecture in Bozeman with Craftsman-inspired porch columns. Second Floor Balconies A central balcony alcove between the circular bay and the gabled-roof bay on the house's front elevation exists directly above the main entrance. Accessible via what was originally T.B. Story's study on the second floor; the fairly large recessed balcony features a scroll sawn wood railing with a decorative clover motif. A smaller, purely ornamental balcony -again, with a decorative clover motif -embellishes the master bedroom's east elevation windows. Another large balcony supported by massive, scroll sawn knee braces extended along the full width of the mansion's west gable-roofed wing. Porte Cochere Another important and unusual character-defining feature of the Story Mansion is the porte cochere which graces the building's north elevation. The porte cochere was originally the primary entrance for residents of the mansion. The front door to the residence was reserved primarily for guests. Historic photos indicate that a serpentine driveway once approached this architectural embellishment from the intersections of West College and South Willson as well as the intersections of West College and South Grand. Though the cochere has lost its original purpose, it is still a significant feature. 7 Windows In the Story Mansion, windows comprise a considerable amount of the historic fabric of the wall plane. The Story Mansion features several decorative windows which lend character and interest to the building's exterior appearance. Of these, the decorative pointed arch windows found in the turret dormer and immediately to the north of the main entrance as well as the diamond pane fixed windows are significant reflections of the mansion's Tudor influence. Also important are the large double-hung semi- circular windows in the turrets and the numerous multi-pane transom windows. Half Timbering Stylistically, one of the most important character-defining elements of the Story Mansion and its associated barn/carriage house is its exposed decorative (not structural) half-timbering. Found in the stuccoed gable and gambrel ends of the mansion and the carriage house, the decorative half-timbering reflects Medieval in-filled timber framing and is closely associated with the popular Tudor Revival Style of the early twentieth century. Craftsman Inspired Details: In addition to its obvious nod to the Tudor Revival style, the Story Mansion also expresses influences from the Arts and Crafts movement, which was coming into vogue in Bozeman around ] 910. The Craftsman details which are most obvious on the building's exterior include the tapered masonry front porch columns, the giant knee braces on the rear, south and north elevations and exposed rafter tails. Tapered Masonry Front Porch Columns The porch/solarium also features some massive Craftsman-inspired tapered square masonry columns. Giant Knee Braces on West, South & North Elevations The giant carved wooden knee braces found on the rear (west) and side (north) elevations, and the paired scroll sawn knee braces on the south elevation, are an interesting architectural detail. Historic knee braces of this size are quite rear and unique in the Bozeman area. This is a distinguishing architectural detail. Exposed Rafter Tails The exposed rafter tails are unique because they embellish the mansion's Victorian turret, rather than under all of the eaves, as is more typically the case in Craftsman style homes. Exterior Masonry The exterior masonry has a distinctive green-brown color and is utilized in the construction of the Story Mansion and Carriage House. Significant Interior Spaces and Features Decorative Woodwork A large amount of decorative woodwork in the Story Mansion exists. All wood, with exception to one bedroom upstairs, is beautifully stained, quarter sawn, white oak. Doors, door and window frames, all paneling and baseboards are preserved and very significant to the mansion's interior spaces. The main staircase is impressive with oak balusters, banisters, and newel posts that extend upwards and downward from the main floor foyer. The woodwork on the third floor has been painted, so has lost some of its integrity but it is still significant. Built-In Features The main floor of the Story Mansion features several built-in features that lend a great deal of historic character and integrity to the residence. Most significant are the leaded glass bookcases in the library and the leaded glass china buffet in the dining room. The wooden bench area, near the porte cochere entrance is significant because it is provides evidence of the functional nature of that utilitarian entrance. Fireplaces The main floor contains two character-defining masonry fireplaces, both with their original mantels and the work. The first is located in the living room and appears to be an original feature with large cream colored tiles. A second fireplace is found in the office on the main floor and features a decorative Craftsman style mantel and glazed green ceramic tile. A third noteworthy fireplace is found in the master bedroom on the second floor. Like the office on the main floor, it also features decorative the work. Like the office on the main floor, it also features decorative the work. Light Fixtures Historic interior photographs indicated that many of the existing Tudor inspired metals lamps and light fixtures were present in the Story Mansion as early as 1924 and probably original features of the property. These surviving features add a great deal of historic character to the house's interior. The Front Hall Closet The mansion's front hall closet contains a historically significant feature -the recorded names and heights of T.B. and Kate Story's children in lead pencil. The Third Floor Cloak Room In terms of its highly unusual shape and proportions, the mansion's third floor cloak room is noteworthy. Oral history indicates that the room was utilized for costume storage to outfit the Story family's guests during masquerade balls and may have been lined in cedar to prevent moths from damaging the fabrics. Carriase House/Barn Although the main floor of the interior of the barn has been significantly modified and adapted to accommodate living quarters for the fraternity residents, the second story loft area is remarkably well preserved. The structural systems of the barn building, most notably the roof trusses, are exposed and character-defining elements of this interior space. *The list and desc~°iptzoi~ of significant features was obtained from the comprehensive report tztled "For Past, Present and Future Generations: A Historic Preservation Report on Bowman's T. Byron Story Mansion, " by Derek B. Sb-ahn, 2003. The report was completed as paid contract work for the use of the Cary of Bozeman. Exhibit "B" To T.B. Story Mansion Conservation Easement Agreement The following are as-built drawings of the T.B. Story Mansion & Carriage House Property prior to the approved grant work. `- ~.;\ ; , ~~ '~ ~ b (b _ ~ fD ~+ -rl O O '0 I~ 5neetTiue: Mansion AS-Builts :lrchitccmral ;lsscysmcnt oF'1'hc I lisnnic ~n - Phase: Architectural Assessment ---- - = ~ T.B. 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