HomeMy WebLinkAboutV(E) Approval and Authorization of Kane’s Furniture Amendment to Declaration of Easements
Agenda 02-17 -2004
Item V E
FOLEV=LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0553
TO:
The Honorable Mayor and City Commissioners of the City of Ocoee
FROM:
Scott A. Cookson, Esq., Assistant City Attorney
DATE:
February 9, 2004
RE:
Kane Furniture - Amendment to Declaration of Easements
ISSUE:
Whether the City Commission should approve the proposed Amendment to Declaration
of Easements (the "Amendment").
DISCUSSION:
In connection with the approval of the Goodman Center Final Subdivision Plan, the City
required that the Developer execute at Declaration of Easements (the "Declaration") document
that set forth certain obligations and rights with respect to a joint access road through the
Goodman Center commercial subdivision. Section 20 of the Declaration provided in part that:
"If a certificate of occupancy for the Kane Furniture Corporation store is not issued within
eighteen (18) months from the date of execution of this Declaration, then the [Goodman Center
Final Subdivision Plan] shall be withdrawn and this Declaration shall be null and void."
The eighteen month period expires April 24, 2004. Kane Furniture has not begun
construction and thus will not receive a certificate of occupancy by April 24, 2004. Kane
Furniture has requested that the City approve the attached Amendment which modifies the
pertinent part of Section 20 of the Declaration to read: "If construction of the [subdivision
infrastructure improvements] are not commenced on or before April 24, 2004 or, if not so
commenced, such improvements have not been completed by April 24, 2005, then the [Goodman
Center Subdivision Plan] shall be withdrawn and this Declaration shall be null and void."
Thus, the Amendment shifts the requirement for the effectiveness of the Declaration from
issuance of a certificate of occupancy for Kane Furniture by April 24, 2004 to the subdivision
infrastructure either being started by April 24, 2004, or completed by April 25, 2005. The City
Planning Department has reviewed and supports the Amendment.
FOLEY & LARDNER
006.318505.1
FOLEY:LARDNER
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the Amendment to
Declaration of Easements and authorize the execution thereof by the Mayor and City Clerk.
Attachment
2
006.318505.1
Feb-l0-04 09:06aJ1 From-Foisy' Lardner
407 648 1143
T-817 P.002/007 F-S9S
AMENDMENT
TO
DECLARATION OF EASEMENTS
THIS AMENDMENT ("Amendment") dated as of January 30, 2004, to that
certain Declaration of "Easements (the "Declaration") by and between H. SCOTT
GOLD, Trustee ("Gtantof'), MARILYN OZANlAN, as to an individual 7/9 interest,
GARY DOSTDURlAN. as to an individual 119 interest and LORI DOSTOURIAN. as to
an individual interest (collectively "Grantee") and the CITY OF DCOEE (the "City").
WHEREAS. Grantor, Grantee and the City desire to modify and amend the
Declaration as provided hereunder.
NOW. THEREFORE. for and in consideration of the covenants and agreements
stated berein, Grantor. Grantee and the City agree as follows:
1. Modification. The last sentence of Paragraph 20 is hereby deleted and in
lieu thereof shall be inserted the following: IlIf construction of the Improvements are not
coounenced on or before April 24, 2004 or. if not so commenced, such Improvements
have not been completed by April 24. 2005, then the Heavener Subdivision Plan shall be
withdrawn and this Declaration shall be null and void."
2. No Further Modification. Unless further modified by an instrument in
writing executed by the parties hereto, the Declaration shall remain in fuJl force and
effect as if fully restated herein.
IN WITNESS WHEREAS. Grantor, Grantee and the City have executed this
Amendment as of the day and year first written above:
Signed, sealed and delivered in
the presence of:
GRANTOR:
J;~- 9- ~.
Print Name: !if 6{)1' A t..f I ~ II! l'i7-! .
~~~~>-~~~ .
Print Name: ~\~r\.'\"h f\- ~h,,,(.\d~{
TPA;31 0229;1
. .;, ~.
F~b-IO-04 09:05am From-Foley I Lardner
407 648 1743
T-817 P.Q03/007 F-6~6
STATE OF \=\.O('\d.~
COUNTY O~'l'<'.\"Y'-~\'-_
I HEREBY CERTIFY that on this day before me, an officer duly authorized in
the State and County aforesaid to take acknowledgements. personally appeared H.
SCOTT GOLD. Trustee, and that he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority duly vested in him. He
~s personally known to me, or [ ] produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
~.dayof ~~o...~l...\ 2004.
::;~ C
_ L ~ ~-~.~}-~'--'~
Signature of Notary
..~\..",k....Z~ ~ Sc...-""",~\d ~
Name of Notary (Typed, Printed or Stamped)
~~. .. .1lC1YHA. SCHNEIDER
~ ~... MY COMMISSION . DO Ot0391
ii : ~ EXPlRES:JUIlI to,2005
';t ~_' . ...... TlMuIlNly PuMoU_
Commission Number (if not legible on seal)
My Commission Expires (if Dot legible on seal
TPA:310229:1
Fsb-l0-04 09:07am From-Foley & Lardner
40T 648 1743
T-Slr P OG4/00r f-OdO
Signed, sealed and delivered in
the presence of:
GRANTEE:
Print Name:
MARIL YN OZANlAN
Print Name;
STATE OF
COUNfY OF
I HEREBY CERTIFY that on this day before me, an officer duly authorized in
the State and County aforesaid to take acknowledgements, personally appeared H.
SCOTT GOLD, Trustee, and that he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily Wlder authority duly vested in him. He
[ ] is personally known to me, Or [ ] produced as identification.
WllNESS my hand and official seal in the County and State last aforesaid this
_ day of 2004.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if Dot legible on seal)
My Commission Expires (if not legible on seal
TP/':Jl0:229:1
Feb-l0-04 09:07am From-Foley' Lardner
407 648 1743
T-817 P.OOS/OOT F-696
Signed, sealed and delivered in
the presence of:
GRANTEE:
Print Name:
GARY DOSTOURlAN
Print Name:
STATE OF
COUNfY OF
I HEREBY CERTIFY that on this day before me, an officer duly authorized in
the State and County aforesaid to take acknowledgements, personally appeared H.
SCOTT GOLD, Trustee, and that he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority duly vested in him. He
[ 1 is personally known to me, or [ 1 produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
_ day of 2004.
Signature of Notary
Name of Notary (Typed, Printed or Stampcd)
Commission Number (if not legible on seal)
My Commission Expires (if not legible on seal
TP^:310229:1
F~b-l0-04 09:07am From-Foley' Lardner
407 6<18 1743
T-SI7 P.006/007 F-S9S
Signed. sealed and delivered in
the presence of:
G~E:
LORI DOSTOURIAN
Print Name:
Print Name:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer duly authorized in
the State and County aforesaid to take acknowledgements. personally appeared H.
SCOTI GOLD, Trustee, and that he acknowledged executing the same in the presence of
two subscn"bing witnesses freely and voluntarily under authority duly vested in him. He
[ ) is personally known to me, or [ ] produced as identification.
WI1NESS my hand and official seal in the County and State last aforesaid this
_ day of 2004.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal)
My Commission Expires (if not legible on seal
TPA:310229:1
f!b~10-04 09:07am From-Foley & Lardner
407 648 1743
T-B17 P.007/007 F-696
Signed, sealed and delivered in
the presence of:
CITY OF OCOEE
By:
Print Name:
Print Name:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer duly authorized in
the State and County aforesaid to take acknowledgements, personally appeared H.
SCOTT GOLD, Trustee, and that he acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority duly vested in him. He
[ ] is personally known to me, or [ ] produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
_ day of 2004.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal)
My Conunission Expires (if not legible on seal
TP^:31 0229;1