deed book 38215 fg 130 filed and recorded aug …...2019/11/02 · element rooftop mem, decks,...

Deed Book 38215 Fg 130 Filed and Recorded Aug-13-2004 02:36pe

2004-0246716 Real Estate Transfer Tax 40.00

Juanita Hicks Clerk of Superior Court Fulton County, Georgia

1111111111111111111111111P11111111111111111111111

Rot= Weirion, News* Cron a Wow, P.C. Oar Aliases Center, 4 Floor 3500 Leon Road Admit% Orel* 30326 Attestlea: Limb B. Curry

Reference: Deed Book 35508 Page 26

FIRST AMENDMENT TO THE DECLARATION OF CONDOMINIUM FOR NUGRAPE LOFTS CONDOMINIUM

This FIRST AMENDMENT TO THE DECLARATION OF CONDOMINIUM FOR NUGRAPE LOFTS CONDOMINIUM is made on the date set forth below by NUGRAPE LOFTS CONDOMINIUM ASSOCIATION, INC., a Gond non-profit corporation (hereinafter referred to as "Association'), with the consent of all affected Unit Owners.

WITNESSETH:

WHEREAS, on July 25, 2003, that certain Declaration of Condominium for NuGrape Lofts condominium dated July 24, 2003, was recorded in Deed Book 35508, Page 26, et seq., Fulton County, Georgia

records (hereinafter referred to as "Declaration");

WHEREAS, a plat of survey related to the Condominium prepared by Pearson & Associates, Inc., dated April 8, 2003, was filed in Condominium Plat Book 16, Page 38, Fulton County, Georgia Records;

WHEREAS, floor plans relating to the Condaninium prepared by Jonathon Elmore AlA were filed in Condominium Floor Plan Book 26, Pages 56-64, Fulton County, Georgia Records (hereinafter referred to as the "Original Floor Plans");

WHEREAS, Paragraph 6(b) of the Declaration provides that the Association's Board of Directors, without need for a membership vote, is hereby authorized to assign a Common Element not previously assigned to a Unit as a Limited Common Element or to reassign Limited Common Elements previously assigned to a Unit, provided that any such assignment or reassignment shall be made in accordance with Section 44-3-82 of the Act;

WHEREAS, Paragraph 6(b) of the Deelarationilso proVidis that an armadillos to assign a Common Element not previously assigned to a Unit as a Limited Common Element or to reassign a Limited Common Elements previously assigned to a Unit shall not require the approval of the Association or the Association's Board of Directors;

WHEREAS, pursuant to Section 44-342 of the Act, all affected Unit Owners must consent to and execute an amendment that assigns or reassigns a Limited Common Element;

WHEREAS, the Declarant, the Association's Board of Directors and all affected Unit Owners desire to cased to the assignment or reassignment of certain rooftop areas, decks, patios, porches and balconies;

WHEREAS, revised floor plans showing the assignment and =alignment of Limited Carman

Deed Book 38215 Pg 131 1111111111111111111111111111111111111111111111

Element rooftop mem, decks, patios, porches and balconies prepared by Arthur Wright Gardner, Jr., Georgia Registered ArchitrictNo

., 010423 are simultaneously being recorded with this First Amendmat in Condominium

Floor Plan Book Pages .35Fulton County, Georgia records (hereinafter the "First Amendment Floor Plans') (the Original Floor Plans, as revised by the First Amendment Floor Plans, hereinafter referred to as the "Floor Plane);

WHEREAS, this Amendment does not alter, modify, change or rescind any right, title, interest or privilege held by any mortgage holder of any Unit; provided, however, in the evert a court of competent jurisdiction determines that this Amendment does alter, modify, change or rescind any right, title, interest or privilege held by any such mortgage holder without such mortgage holder's comas in writing to this Amendment, then this Amendman shall not be binding on the mortgage holder so involved, unless such mortgage bolder consents to this Amendment; and if such consent is not forthcoming, then the provisions of the original Declaration prior to this Amendment shall control with respect to the affected mortgage holder; and

NOW, THEREFORE, in accordance with O.C.GA *44-342 of the Georgia Condominium Act and Paragraph 6(b) of the Declaration, the Declaration is amended as follows:

1.

Subparagraph 6(aXv) of the Declaration is amended by deleting it in its entirety and substituting therefore the following:

(v) the patios, balconies and/or porches adjacent to Units 3, 4, 5, 6, 7, 8, 9, 10, 14, 18, 19, 20, 21, and 22 as shown on the Flocs Plans are assigned to those Units as Limited Common Elnemts and the areas shown on the Floor Plans adjacent to Units 2, 11 and 15 are assigned as Limited Common Elements to those Units for the future construction of a patio, balcony or porch;

2.

Rooftop areas as set forth in subparagraph 6(aXix) and assigned as Limited Common Elements are shown on the Floor Plans.

3.

Subparagraph 6(aXx) of the Declaration is amended by deleting it in its entirety and substituting therefore the following:

(x) Units 6, 7, and 8 are each assigned a portion of the adjacent concrete patio that is separated by railings as shown on the Floor Plans as a Limited Common Element.

4.

Except as amended hereby, the Declaration shall remain in full force and effect.

(SIGNATURE PAGES FOLLOW]

Fint Amatdmert3

2 7724.003

Name: Vim. Vow*, a. WI' C70:4 We: President

Attest S'"IL K.Q.K., @t Soil ME at Name: 51./An Et . er - tti Tide: Secretary

Witness

A.64Q.4. 31/J4146 Notary Public My Commission Expires:

[CORPORATE SEAL]

[SIGNATURES CONTINUED ON FOLLOWING PAGES]

Deed Book 38215 Pg 132 1111111111111111111111111111111111111111111111111111

IN WITNESS WHEREOF, the undersigned persons being the duly appointed officers of the Associatica, have executed this First Amendment to the Declaration of Condominium for NuGrape Lolls condominhun this .3 day of kt4A.A.c..4—. , 200 , and the affixted Unit Owners have consented to this Amendment which consents are attached as Exhibit "A," which is incorporated herein.

ASSOCIATION:

Signed, sealed and delivered, NUGRAPE LOFTS CONDOMINIUM ASSOCIATION, INC. , this 3VA-day of h 0.SVA , 200 3 . a Georgia non-profit corporation

First Asneodmat3

3 7724-003

Name Printed

(SEAL) Name Printed: Pierre J. Malhan

Deed Book 38215 Pg 133 111111111111111111111111111111111111111111111.11111111

RIOURIT "A"

OWNER CONSENT

By execution below, being the sole owner(s) of the Units set forth below, hereby consent to the foregoing First Amendment to the Declaration of Condominium for NuGrape Lofts condominium and agrees to the assignment and reassignment of Limited Common Elements as set forth in the Amendment.

✓ OWNER OF UNIT 1:

OWNER OF UNIT 2:

V

OWNER OF UNIT 3:

OWNER OF UNIT 4:

OWNER OF UNIT 5:

OWNER OF UNIT 6:

(SEAL)

(SEAL)

Name Printed: Sarah Kate McClain

Name Printed:

(SEAL)

Name • Corey Brock

(SEAL) Nacre Printed:

(SEAL) Name Printed: Raymond R Marshall

(SEAL) Name Printed:

(SEAL) Name Printed: Abbie E. Brace

(SEAL)


(SEAL)

(SEAL)

(SEAL)

Deed Book 3821S Pg 134 11111111111111111111111111111111111111111111111111

OWNER OF UNIT 7:

OWNER OF UNIT 8:

OWNER OF UNIT 9:

OWNER OF UNIT 10:

OWNER OF UNIT 11:

OWNER OF UNIT 12:

OWNER OF UNIT 13:

Nat itaxonne443 7724003

Name Printed:

J61, n ea6 OVe., (SEAL) Name

ame Printed

-rd (SEAL) Name Printed: VE..4•4


r( 1 (SEAL) Name Printed MitthewIlt.L.Sommer)

Name Pi . Mary Clam


powdete//7---

Chrintopber Farina (SEAL)

2

Deed Book 38215 Pg 135 1111111111111111111111111M1111111111111111


(SEAL) Name Printed: David MCATill

(SEAL) Nam Printed:

(SEAL) Nam • .s s T 3-4Affe

(SEAL) Name PriMed:

(SEAL) Nam Printed:

s,1 Name Prided: Veit., 4

(SEAL)



(SEAL) Name Printed: Hormuz Moira

3

OWNER OF UNIT 14:

OWNER OF UNIT 15:

OWNER OF UNIT 16:

OWNER OF UNIT 17:

✓ OWNER OF UNIT 18:

OWNER OF UNIT 19:

L/ OWNER OF UNIT 20:

First Amoadrant3 7724003

Deed Book 313:215 Fog 136 11111111111111111111111111111111111111111111NIMI


OWNER OF UNIT 21:

(SEAL)

(SEAL)

Name Printed: Julie K. Andersen

Name Printed:

OWNER OF UNIT 22:

(SEAL)

Name Primed: Andrew Mitchell

41,4 kid/ (SEAL) Name Printed:

Fun Mneivkacca3

4 7724-003

Deed Book 38215 Po 137 11111111111111111111111111111111111111110

'A"

OWNER CONSENT

By execution below, being the sole owner(s) of the Units set forth below, hereby consent to the foregoing First Amaxliv..nt to the Declaration of Condominium for NuGrape Lofts condominium and agrees to the assignment and reassignment of Limited Common Elements as set forth in the Amendment.

OWNER OF UNIT 1:

Sulk. Vluttli‘Aca/CJ (SEAL) Name Printed: Soortxt1 kaie ACC- Vet tr\.


Deed Book 38215 Pg 138 I MI 11.11111111111111111111111111111111111111111

FICHTRIT "A"

OWNER CONSENT


OWNER OF UNIT 3: MOMSAL-L--- (SEAL)

First Amondmen.3

3 7724403

Deed Book 38215 Pg 139 10111111111111111111111111111111111111111MIM

EMMET "A"

OWNER CONSENT



10111 AmsodaterL3

15 7724-003

Deed Book 38215 Pg 140 1111111111111111111111111.11111111111111111

FXIIIRIT "A"

OWNER CONSENT


OWNER OF UNIT 20: (SEAL)


First Asnasimes43

20 7724-003

141141461

Name Printed:

(SEAL)

(SEAL)

Deed Book 38215 Pg 141 Juanita Hicks

Clerk of Superior Court Fulton County, Deorgi a

RXHIRIT "A"

OWNER CONSENT


OWNER OF UNIT 21:

First A.mcodownt.3 21

1724-003

deed book 38215 fg 130 filed and recorded aug …...2019/11/02 · element rooftop mem, decks,...

Documents