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Click to return to Eagle's Nest Area Page Eagle’s Area Cleanup in March and April - May 2004 |
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is opposition to making any changes in The Eagle's Area. If you
wish to read it chronologically please start at the bottom and move
upward.
This page contains both original material and responses as they have been made available to The Eagle. If you wish to add your comments please e-mail LandingsEagle@comcast.net They will be added to the site as soon as possible. Any edits or comments from The Eagle will be clearly noted. |
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From:
larryrlf@comcast.net [mailto:larryrlf@comcast.net]
Howard and Adrienne,
Thanks for the advance notice on this. Much appreciated. Your letter is well written and, I know, well intended.
The last thing anyone wants is internal discord within the Landings. I remain hopeful that your position and ours can be reconciled. Even if your interpretation of legal considerations ultimately prevails, there are still potentially fruitful areas for discussion. Examples would be beautifying the property, responding to professional advice regarding removal of noxious vegetation and addressing drainage issues.
Nevertheless, we would like to proceed in obtaining CURRENT legal counsel so that we can be more certain about what the options are in terms of improving the Eagles Nest area. Lets let the chips fall where they may. And please know that I truly believe that your interests and ours are not incompatible. Somehow we will work this out!
Larry ----- Original Message ----- From: HOWFEL@aol.com To: larryrlf@comcast.net ; jjost@comcast.net ; capo1@gte.net Sent: Friday, November 04, 2005 6:15 PM Subject: LANDINGS NATURE PRESERVE We want you to be aware of a letter to the editor of the Eagle we have submitted. It is reproduced below. We have talked to some of our neighbors and their feelings are consistent with ours. We hope that we can all sit down and talk about this before it goes further. November 4, 2005 LETTER TO THE EDITOR LANDINGS EAGLE; FOR DECEMBER PUBLICATION PRESERVATION OF LANDINGS NATURE PRESERVE We find the actions of the LMA Board at the meeting of November 3, 2005 to be very disturbing. We are told that an attorney will be engaged to determine if The Preserve can be changed. Why are we spending in excess of $1,500 to determine the status of The Preserve when respected attorneys, who reside in The Landings, who have studied this issue, will tell you that the restrictions are clear and binding as documented below. Since we expressed our concerns in our letter of May 1, 2005, we feel that LMA taking action without communicating with the property owners whose homes border The Preserve, and engaging an attorney, sends a hostile, adversarial message, and at the very least is unneighborly. We gave ample notice of our interest in this issue by attending the May LMA meeting, and writing to the LMA President, and Board members, as well as a letter to the editor of the Eagle. We are active, contributing residents, and believe we are entitled to courteous treatment from our elected board. On May 1, 2005 we wrote a letter to Bob Capo. President of LMA, and a letter to the editor of The Eagle, expressing our concern, and opposition, to any changes in “The Nature Preserve” from the original intent of the developer as stated in the deed restrictions, article 29. The Deed Restrictions clearly states in article 29: “EAGLES NEST AREA” ________”This property, approximately 7.4 acres in size, is owned by C & M Associates and it is not intended for development.” __________ It further states: _____”The site is not intended as a park for use of property owners in The Landings.” “The site may be completely or partially fenced or otherwise barricaded to deter human intrusion” “ The site is private property, and C & M Associates expressly reserves the right to restrict and prohibit access to the property and to impose and enforce such other restrictions as it may deem necessary to preserve this site”. On March 17, 1987, a Quitclaim Deed issued by C & M Associates clearly states;” “Grantee, by the acceptance of this conveyance, hereby expressly assumes the obligation of and agrees to be bound by and to comply with all the covenants, terms, provisions and conditions contained in the declaration of Maintenance, Covenants and Restrictions on the commons for The Landings recorded in Official Records Book 1372, page 1217, as amended, to Public Records Of Sarasota, Florida.” It further states: “The property is conveyed to Grantee in its capacity as the management association for the Landings and is to be held and used by Grantee in accordance with its charter and Bylaws and the Declaration of Maintenance, Covenants and Restrictions on the Commons of the Landings”. Property owners, bordering the preserve, bought their homes with the understanding that “The Preserve” would be undisturbed or changed in usage. To make any changes would negatively impact their privacy, tranquility and aesthetic quality of life that are all highly valued We would like to address this issue with The Board directly, without outside attorneys, in a non confrontational way, and arrive at a course of action that will benefit the homeowners whose properties border The Preserve, and all residents of The Landings. Howard & Adrienne Feltman 5050 Kestral Parkway South EAGLE’S NEST LTR EDITOR 2.DOC
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letter is also included in the above correspondence.
From:
HOWFEL@aol.com [mailto:HOWFEL@aol.com] November 4, 2005 LETTER TO THE EDITOR LANDINGS EAGLE; FOR DECEMBER PUBLICATION PRESERVATION OF LANDINGS NATURE PRESERVE We find the actions of the LMA Board at the meeting of November 3, 2005 to be very disturbing. We are told that an attorney will be engaged to determine if The Preserve can be changed. Why are we spending in excess of $1,500 to determine the status of The Preserve when respected attorneys, who reside in The Landings, who have studied this issue, will tell you that the restrictions are clear and binding as documented below. Since we expressed our concerns in our letter of May 1, 2005, we feel that LMA taking action without communicating with the property owners whose homes border The Preserve, and engaging an attorney, sends a hostile, adversarial message, and at the very least is unneighborly. We gave ample notice of our interest in this issue by attending the May LMA meeting, and writing to the LMA President, and Board members, as well as a letter to the editor of the Eagle. We are active, contributing residents, and believe we are entitled to courteous treatment from our elected board. On May 1, 2005 we wrote a letter to Bob Capo. President of LMA, and a letter to the editor of The Eagle, expressing our concern, and opposition, to any changes in “The Nature Preserve” from the original intent of the developer as stated in the deed restrictions, article 29. .The Deed Restrictions clearly states in article 29: “EAGLES NEST AREA” ________”This property, approximately 7.4 acres in size, is owned by C & M Associates and it is not intended for development.” __________ It further states: _____”The site is not intended as a park for use of property owners in The Landings.” “The site may be completely or partially fenced or otherwise barricaded to deter human intrusion” “ The site is private property, and C & M Associates expressly reserves the right to restrict and prohibit access to the property and to impose and enforce such other restrictions as it may deem necessary to preserve this site”. On March 17, 1987, a Quitclaim Deed issued by C & M Associates clearly states;” “Grantee, by the acceptance of this conveyance, hereby expressly assumes the obligation of and agrees to be bound by and to comply with all the covenants, terms, provisions and conditions contained in the declaration of Maintenance, Covenants and Restrictions on the commons for The Landings recorded in Official Records Book 1372, page 1217, as amended, to Public Records Of Sarasota, Florida.” It further states: “The property is conveyed to Grantee in its capacity as the management association for the Landings and is to be held and used by Grantee in accordance with its charter and Bylaws and the Declaration of Maintenance, Covenants and Restrictions on the Commons of the Landings”. Property owners, bordering the preserve, bought their homes with the understanding that “The Preserve” would be undisturbed or changed in usage. To make any changes would negatively impact their privacy, tranquility and aesthetic quality of life that are all highly valued We would like to address this issue with The Board directly, without outside attorneys, in a non confrontational way, and arrive at a course of action that will benefit the homeowners whose properties border The Preserve, and all residents of The Landings. Howard & Adrienne Feltman 5050 Kestral Parkway South EAGLE’S NEST LTR EDITOR 2.DOC
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From:
HOWFEL@aol.com [mailto:HOWFEL@aol.com] April 30, 2005 LETTER TO THE EDITOR LANDINGS EAGLE; FOR JUNE PUBLICATION
PRESERVATION OF LANDINGS NATURE PRESERVE There have been articles in the Eagle, and comments at the LMA “Idea Brainstorming” meeting about changing the use of the Eagle’s Nest Area, known to all residents as “The Preserve”. Most residents of The Landings whose property borders on this tract of land have very strong feelings that the current status of the “The Preserve” should not be changed in any way. On March 17, 1987, in the Quitclaim Deed issued by C & M Associates to The Landings Management Association, the LMA expressly assumed the obligation of and agreed to be bound by and to comply with all of the covenants, terms, provisions and conditions contained in the Declaration Of Maintenance, Covenants and Restrictions filed with the Sarasota Circuit Court in the Official Records Book 1372, page 1217_____”, detailed below. The Deed Restrictions clearly states in article 29: “EAGLES NEST AREA” ________”This property, approximately 7.4 acres in size, is owned by C & M Associates and it is not intended for development.” __________ It further states: _____”The site is not intended as a park for use of property owners in The Landings.” “The site may be completely or partially fenced or otherwise barricaded to deter human intrusion” “ The site is private property, and C & M Associates expressly reserves the right to restrict and prohibit access to the property and to impose and enforce such other restrictions as it may deem necessary to preserve this site”. It is abundantly clear that the intention of the developer was to preserve this site as a nature preserve. Property owners, bordering the preserve, bought their homes with this understanding. To make any changes would negatively impact their privacy, tranquility and aesthetic quality of life that are all highly valued. As Landings residents, whose property borders on this preserve, we vigorously oppose any change in “The Nature Preserve” from the original intent of the developer as stated in their legal documents, and LMA’s commitment when they accepted this property. We have spoken to many other property owners, and they unanimously share our feelings. We support other ideas that were suggested in the April 18 LMA Brainstorming Meeting, and will continue to participate in the process of improving the quality of life in The Landings. Howard & Adrienne Feltman
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