Amendment 2 to the Master Deed - Touchstone Cohousing storm drainage easement

Finance & Legal 2005-06-01

Summary:

The Second Amendment grants Touchstone Cohousing Association a permanent easement for storm drainage on Great Oak Cohousing's property, allowing construction, maintenance, and repair of storm drainage lines. Additionally, it updates the Master Deed's Exhibit B with new sheets, replacing the previous ones.

Proposal:

SECOND AMENDMENT TO MASTER DEED GREAT OAK COHOUSING

This Second Amendment to Master Deed is made by Great Oak Cohousing Association, a Michigan non-profit corporation, 500 Little Lake Drive, Ann Arbor, MI 48103.

RECITALS:
A. Great Oak Cohousing Association ("Association" or "Grantor") is the non-profit corporation established to manage and administer the affairs of a condominium established pursuant to a Master Deed recorded on August 8, 2002, in Liber 4150, Page 447, (pages 1-36, inclusive), Washtenaw County Records, as amended by the First Amendment to Master Deed, recorded at Liber 4288, page 259 (pages 1-8 inclusive) Washtenaw County Records, and known as Washtenaw County Condominium Subdivision Plan #392.

. The Association wishes to amend its Master Deed to grant to Touchstone Cohousing Association ("Grantee"), the Michigan Nonprofit Corporation established to manage and administer the affairs of Touchstone Cohousing, a condominium established pursuant to the Master Deed thereof, recorded at Liber 4443, Pages 29-124, inclusive, Washtenaw County Records, and known as Washtenaw County Condominium Subdivision Plan 471, described on Exhibit C attached hereto, for the use and benefit of Grantee and Honeycreek Cohousing Development Company, LLC, a Michigan Limited Liability Company, as Developer of Touchstone Cohousing ("Developer"), a certain storm drainage easement as described below.

1. AMENDMENT:

A. ARTICLE VIII EASEMENTS of the Master Deed is amended to add the following language as a last paragraph of ARTICLE VIII:

Great Oak Cohousing Association, by the recording of this instrument, and subject to al the terms and conditions set forth in the Grant of Easement and Agreement recorded at Liber 4454, Page 20-32, inclusive, of Washtenaw County Records, hereby conveys, grants, transfers and assigns to Touchstone Cohousing Association ("Grantee"), for the use and benefit of Grantee and Honeycreek Cohousing Development Company, LLC, as Developer of Touchstone Cohousing, and their respective successors, assigns, employees, agents, members, managers, officers, directors, an irrevocable, permanent, non-exclusive easement over, upon, across and under that portion of the Grantor's Property which constitutes the Storm Drainage Easement Area, as described and depicted on Exhibit D attached hereto, which may be used by Grantee and/or Developer to construct, and, thereafter, to use, maintain, repair, replace and access storm drainage lines and mains, and for any other storm drainage purposes, for the benefit of the property described on Exhibit C hereto only and no other property, which easement is more fully described in the above-referenced Grant of Easement and Agreement.

B. EXHIBIT B to the Master Deed, as amended, is further amended by incorporating the revised sheets 1, 2 and 4 attached as Exhibit B to this Second Amendment to Master Deed. The previously recorded sheets 1, 2 and 4 of Exhibit B, as previously amended, shall be of no further force or effect.

2. Except as amended hereby, the Master Deed of Great Oak Cohousing, a condominium, as previously amended, shall continue in full force and effect.

Dated: Feb 1st, 2005

Great Oak Cohousing Association, a Michigan Nonprofit Corporation,


http://www.gocoho.org/documents/mdeed-amendment-2005.pdf