HomeMy WebLinkAboutV(E) Approval and Authorization of the Kane Furniture Amendment to Declaration of Easements and Authorization for Mayor and City Clerk to Execute
Agenda 03-02-2004
Item V E
FOLEY: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Final Subdivision Plan] shall be withdrawn and this Declaration shall be null and void."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Center Subdivision Plan] shall be withdrawn and this Declaration shall be null and void."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 OQ:06a~ From-Foley' Lardner
407 648 1743
T-817 P.OOZ/007 F-SeS
AMENDMENT
TO
DECLARATION OF EASEMENTS
TIllS AMENDMENT ("Amendment") dated as of January 3D, 2004, to that
certain Declaration of "Easements (the "Declaration") by and between H. SCOTT
GOLD, Trustee ("Qrantor'l, MARILYN OZANlAN, as to an individual 7/9 interest.
GARY DOSTOURIAN, as to an individual 119 interest and LORI DOSTOURIAN, as to
an individual interest (collectively "Grantee") and the Cl1Y OF OCOES (the "City").
WHEREAS. Grantor, Grantee and the City desire to modify and amend the
Declaration as provided hereunder.
NOW. lHEREFORE, for and in consideration of the covenants and agreements
stated herein, Grantor. Grantee and tbe City agree as fonows:
1. Modificar.ion. The last sentence of paragraph 20 is hereby deleted and in
lieu thereof shall be inserted the following: "If construction of the Improvements are not
commenced on Dr before April 24. 2004 or, if not SO conunenced. such Improvements
have not been completed by April 24, 2OOS, 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 full force and
effect as if fully restated herein.
IN WITNESS WHEREAS. Grantor, Grantee and the City have executed this
Amendment as ofthe day and year first written above:
Signed, sealed and delivered in
the pI'esence of:
GRANTOR:
J;kuJ.- 9. ~.
Print Name: J)f MPAI-l .T '511f t"TH .
~.. ~ ~)l.... >- N ~~. .
Print Name: ~""'r\..-;...h ~ ...x.."",,~,d~{
TPA:31 0229:1
I'., :..
-------~-_._--
Fab-l0-04 09:D6am From-Foisy' lardnsr
407 646 1743
T-917 P.003/007 F-SQS
STATE OF \=\OC,d.c:.:....
COUNTY O~'N""Y'-~\~
1 HEREBY CERTIFY that on this day before me, an officer duly authorized in
the State and County aforesaid to talce acknowledgements. personally appeared H.
SCOTT GOLD. Trustee, and that he acknowledged executing the same in the presence of
~:bscn"ing witnesses freely and voluntarily under authority duly vested in hi",. He
f -~ p""onally known to me. or [ J produced .. identification.
WITNESS my hand and official seal in the County and State last aforesaid this
~.day of ~ ~~"'~\ 2004.
~~ ("
\. ~ 0..- >- ~ ~",--u...~
Signature ofNotaIy
_.~L""}...'-"-~ f\- 5L""-",<:.,d ~
Name of Notary (Typed. Printed or Stamped)
A' JJDnMASCHNBtEJ\
$o:;j}l"'i MtCONM/SSIOfI.DOOt0091
~ . ! EXpn:l1S:June '0,2005
~ ~.' . .......".. -.,.... u.........
Commission NumbCT" (if not legible on seal)
My Conunission Expires (if Dot legible on seal
TPA:3102:l9:1
Fab-l0-04 09:07am From-Fol.~, Lardnar
40r 648 1143
,-817 P 004/001 F-o~Q
Signed, sealed and delivered in
the presence of:
GRANTEE:
MARILYN OZANlAN
Print Name:
Print Name:
STATE OF
COUNfY OF
I HEREBY CERTIFY that on this day befote 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
[ J 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 No tar)' (Typed, Printed or Stamped)
Commission Number (ifnot legible on seal)
My Commission Expires (ifnot legible on seal
TPA:Jl022'):1
Fab-IQ-Q4 OQ:07am From-Foisy l Lardner
407 6.8 1743
T-S\7 P.005/007 F-SSe
Signed. sealed and delivered in
the presence of:
GRANTEE:
GARY OOSToURIAN
Print Name:
Print Name:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day before mc, 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 Commission Expires (if not legible on seal
TP^:)10229:1
..
Feb-IO-04 OQ:07am From-Foley' Lardner
407 648 \743
1-8\7 F_OOS/OOI f-SQo
Signed, sealed and delivered in
the presence of:
~RhNTEE:
LORI DOSTOURIAN
Print Name:
Print Name:
STATE OF
COUNTY OF
1 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 be acknowledged executing the same in the presence of
twO subscnoing witneSses freely and voluntarily under authority duly vested in him. He
[ 1 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 Commission Expires (if not legible on seal
T?A;31 0229;1
.....
Fsb-IO-04 09:QTaD From-Foley & Lardnsr
40T 64S 1743
T-81T P.001/00T F-595
Signed, scaled 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
we State and County aforesaid to take a.clcnowledgements, 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.
wrrNESS 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