Amendment 1 to the Master Deed - Touchstone Cohousing access to wetlands

Finance & Legal 2003-12-01

Summary:

The amendment modifies ownership and usage rights for the "Preservation Area," allowing it to be shared with a proposed future development and updates the common elements to include new garages and reassign unit numbers. Additionally, the front and rear limited common elements of the units are revised and new garage buildings are added.

Background:

FIRST AMENDMENT TO MASTER DEED GREAT OAK COHOUSING
This First Amendment to Master Deed July 23, 2003, by Great Oak Development Company, L.L.C., a Michigan limited liability company, 424 Little Lake Drive, #42, Ann Arbor, MI 48103, ("Developer").

RECITALS:

A. Developer has established Great Oak Cohousing, a residential condominium by recording a Master Deed on August 8, 2002, in Liber 4150 Page 447, inclusive, Washtenaw County Records, known as Washtenaw County Condominium Subdivision Plan #392.

B. Developer retained the right in Article XI of the Master Deed to amend the Master Deed.

C. Developer wishes to amend the Master Deed to: withdraw an undivided one-half (1...2) ownership interest in the general common element, the "Preservation Area", from Great Oak Cohousing; reserve the right of Developer to grant an undivided one-half (1...2) ownership interest in the general common element, the "Preservation Area", to the "Proposed Future Development" as described in the Master Deed; to provide for the use and enjoyment of the "Preservation Area" by Great Oak Cohousing and the Proposed Future Development; to assign new unit numbers to each unit; to provide for 3 garage buildings containing 43 individual garages, and to provide front and rear limited common elements for each unit of Great Oak Cohousing.

AMENDMENT:
The Master Deed is amended as follows:

1. Developer withdraws from Great Oak Cohousing an undivided one-half (1...2) interest in the general common element referred to in the Master Deed as the "Preservation Area" and described as follows:
PRESERVATION AREA
WASHTENAW COUNTY, MICHGIAN: THENGE OS S SECTION 26735 RE ACON HET WEST NLIE FO SAID SECTION TO THE POINT OF BEGINNING; THENCE S85-09'45"E 602.04 FET ALONG THE SOUTH LINE OF "SUNWARD CO-HOUSING OF ANN ARBOR", A CONDOMINIUM AS RECORDED IN LIBER 27 OF PLATS, PAGES 69 THROUGH 71, INCLUSIVE, WASHTENAW COUNTY RECORDS TO APOINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LITTLE LAKE DRIVE; THENCE N06-25'50"E 16.77 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE S84-39'05"E 33.01 FEET TO A POINT ON THE CENTERLINE OF LITTLE LAKE DRIVE; THENCE S06-25'50" W249.79 FEET ALONG SAID CENTERLINE; THENCE

N84-39'54"W 630.57 FEET TO APOINT ON THE WEST LINE OF SAID SECTION; THENCE N05-20'06 E" 227.76 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. BEING A PART OF THE WEST 1/2
OF THE NORTHWEST 1/4 OF SECTION 26, T2S, RSE, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN AND CONTAINING 3.36 ACRES OF LAND, MORE OR LESS. BEING SUBJECT TO THE RIGHTS OF THE PUBLIC OVER THAT PORTION OF LITTLE LAKE DRIVE AS OCCUPIED. ALSO BEING SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.

2. Developer reserves the right to convey an undivided one-half (1...2) interest in the general common element referred to in the Master Deed as the "Preservation Area", described in Paragraph 1above, to the Proposed Future Development or, if the Proposed

Future Development is not finalized, Developer reserves the right to convey the undivided one-half (1...2) interest in the general common element, the "Preservation Area" to Great Oak Cohousing.

3. ARTICLE III of the Master Deed is amended to add the following language as a last paragraph of ARTICLE MI:

The "Preservation Area" shall be for the use and enjoyment of Great Oak Cohousing and the Proposed Future Development.

4. Developer amends the front and rear limited common elements of the units of Great Oak Cohousing as described on Sheet 3of Exhibit B as attached herein.
Developer adds 3 garage buildings that contain 34 individual garages which will be assigned to owners by deed. The Association will own Garages A-4 and A-5 and these will be general common elements. The garages are described on Sheets 3 and 4a of Exhibit B as attached herein.

i
Page: 2 of 8 07/24/2003 08:01A
Peasy MHaines, Washtanaw DMAM 5454424 L4-28 P2-59
N84-39'54"W 630.57 FEET TO APOINT ON THE WEST LINE OF SAID SECTION; THENCE N05-20'06 E" 227.76 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. BEING A PART OF THE WEST 1/2
OF THE NORTHWEST 1/4 OF SECTION 26, T2S, RSE, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN AND CONTAINING 3.36 ACRES OF LAND, MORE OR LESS. BEING SUBJECT TO THE RIGHTS OF THE PUBLIC OVER THAT PORTION OF LITTLE LAKE DRIVE AS OCCUPIED. ALSO BEING SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
Developer reserves the right to convey an undivided one-half (1...2) interest in the general common element referred to in the Master Deed as the "Preservation Area", described in Paragraph 1above, to the Proposed Future Development or, if the Proposed Future Development is not finalized, Developer reserves the right to convey hte undivided one-half (1...2) interest in the general common element, the "Preservation Area" to Great Oak Cohousing.
ARTICLE I of the Master Deed is amended to add the following language as a last paragraph of ARTICLE MIl:
The "Preservation Area" shall be for the use and enjoyment of Great Oak Cohousing and the Proposed Future Development.
Developer amends the front and rear limited common elements of the units of Great Oak Cohousing as described on Sheet 3of Exhibit B as attached herein.
Developer adds 3 garage buildings that contain 34 individual garages which will be assigned to owners by deed. The Association will own Garages A-4 and A-5 and these will be general common elements. The garages are described on Sheets 3 and 4a of Exhibit B as attached herein.
ARTICLE IV, COMMON ELEMENTS, Paragraph 1.h, is revised to read as follows:
1. h. the common attic spaces and the portions of any garage or parking area not designated as a limited common element described in ARTICLE IV, Paragraph 2.e, below, and
ARTICLE IV, COMMON ELEMENTS, Paragraph 2.e, is revised to read as follows: 2.e. garage interior spaces and the interior surfaces of garage walls and ceilings; and
By this First Amendment and the replacement of Sheet 3, Developer assigns new unit numbers to each unit.
Exhibit Bas attached to the Master Deed is supplemented and amended by incorporating the new and revised sheets 1 through 4a attached to this First Amendment to Master Deed as Exhibit B. The previously recorded sheets 1-4 of Exhibit B shall be of no further force or effect.
Except as amended hereby, the Master Deed of Great Oak Cohousing, a condominium, shall continue in full force and effect.

Dated: July 23rd 2003

Proposal:

http://www.gocoho.org/documents/firstamd.md.702.pdf