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HomeMy WebLinkAboutL & S Developments Assignment of Rights -1995 06 08ASSIGNMENT OF RIGHTS FOR AND IN CONSIDERATION of the sum of TEN AND NO /100ths Dollars ($10.00) and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, RESOLUTION TRUST CORPORATION, as Receiver for AMERICAN PIONEER FEDERAL SAVINGS BANK (hereinafter referred to as "ASSIGNOR "), does hereby transfer, set over, assign and convey, without recourse and without representation or warranty of any kind or nature whatsoever, express or implied, unto L & S DEVELOPMENTS, INC., a Florida corporation, (hereinafter referred to as "ASSIGNEE "), all of Assignor's rights, privileges, duties and obligations (limited however, as set forth below) with respect to the provision of water and sewer services related to a parcel of land lying and being situated in SEMINOLE COUNTY, FLORIDA, and Assignor hereby authorizes Assignee to exercise rights, powers and privileges in as full a manner as Assignor is authorized to exercise them. Assignor hereby quitclaims and transfers, without benefit or warranty to Assignee an allocation of 32,280 gallons /day of sewer capacity and 47,471 gallons /day of water capacity which is available to service the Property and which may not be used except in connection with the following described Property: See Exhibit "A' attached hereto (the "Property") This Assignment shall be binding upon Assignor and its successors and assigns, and shall inure to the benefit of Assignee and the Assignee's successors and assigns. By acceptance hereof, Assignee hereby agrees to be bound by the terms of development imposed by the City of Winter Springs, and to perform all of Assignor's obligations. Assignee hereby agrees to indemnify, defend and hold Assignor harmless from any and all claims, damages, costs and expense, including reasonable attorney's fees arising out of Assignee's performance or failure to perform any of its duties, obligations and responsibiliries. IN WITNESS WHEREOF, Assignor and Assignee have execu�t s of Assignment in their names in manner and form sufficient to bind them on this 4 ay June, 1995. Signed, sealed and delivered in the resence oh Print ame: F. rey ASSIGNOR: RESOLUTION TRUST CORPORATION, as Receiver for AMERICAN PIONEER FEDE GS By: Print Nam : Print Title: Attorney -In -Fact ASSIGNEE: L & S INVESTMENTS, INC., a Florida corporation B „ �N�ame-. Print Title:_ PoteS . Page 1 CONSENT TO AND NOTICE OF ASSIGNMENT The undersigned, does hereby acknowledge notice and knowledge of the foregoing Assignment to L & S INVESTMENTS, INC., a Florida corporation, and does hereby, on this ,$ day of June, 1995, consent to the foregoing Assignment. Signed, sealed and delivered CITY OF WINTER SPRINGS in the presence of: By tnt Name• Sa �n , P /� P Print N e: ' . LPCkC- STATE OF GEORGIA COUNTY OF FULTON Name: d g4✓ oe1/tiK Title: G/ 7-y &Ik vA�d/C The Foregoing Instrument was acknowledged and sworn to before me this mayday of June, 1995, by S-tM h eel J. 0 1 XO n , as Attorney -In -Fact for RESOLUTION TRUST CORPORATION, as Receiver for AMERICAN PIONEER FEDERAL SAVINGS BANK, who is personally known to me or who has presented S ¢ as identification and did not take an oath. -�F Notary fib ic, STATUt Georgia Printed Name of Notary Pu lic My Commission No. Expires: NOWrY Public, Fulton Coup la xp,res eW. 29,1 in STATE OF FLORIDA COUNTY OF XA1-C. yd The Foregoin Instrume wa�s ��c owledged and sworn to before me this �y of June, 1995, by o y,` d�f; , as s o�,tTT for L & S INVESTMENTS, INC., a Florida corporation, who�t personally known me�br who has presented as identification and did not take an o— at No Public, State f oriel* Printed Name of Notary Public >•� My Commission No. •yam` °' inl E ices: NOTARY PUBLIC, STATE OF FLORIDA. `saRlsiH4ti31 MY COMMISSION EXPIRES: July 9, 1"S. BONDED THRU NOTARY Punic UNanwaff 8. Page 2 STATE OF FLORIDA COUNTY OF Se m *. noke, The Foregoing Instrument was acknowledged and sworn to before me this —2L day of June, 1995, by �-T'o \-i n C' o v o r u h K , as of the CITY OF WINTER SPRINGS, who is personally known to me or who has Vresented as identification and did not take an oath. f- W51 \004Veb95\502\assign.w &s a-Q, Not y Public tate of Florida eve Y o e _ Printed N e of Notary Public My Commission No. Expires: '001 • /J& BEVERLY L COLE My Cor=nMaabn CC457= Jun. 07, IM Bonded by HM SW 422-IM Page 3 EXHIBIT "A" Property No. 502 LEGAL DESCRIPTION Portions of North Orlando Ranches, Section 11, as recorded in Plat Book 13, pages 22 and 23 of the Public Records of Seminole County, Florida, described as follows: Commence at the Northwest corner of Lot 1, Block 3, NORTH ORLANDO, 5TH ADDITION, as recorded in Plat Book 13, pages 77 and 78 of the Public Records of Seminole County, Florida, thence run North 260 56' 03" East for a distance of 580.15 feet to the Southwest corner of Block 19, of the aforementioned North Orlando Ranches Section 11, thence run North 800 18' 19" East along the Southerly line of said Block 19 for a distance of 225.00 feet; thence run North 670 34' 40" East along said Southerly line for a distance of 109.26 feet to the Point of Beginning; thence run North 200 30' 37" West for a distance of 468.48 feet; thence run North 650 23' 06" East for a distance of 135.00 feet; thence run•North 570 52' 50" East for a distance of 81.47 feet; thence run North 350 13' 41" East for a distance of 135.00 feet; thence run South 310 14' 14" East for a distance of 580.40 feet; thence run North 540 46' 01" East for a distance of 417.23 feet to a point on the Northerly line of Block 16 of said North Orlando Ranches, Section 11; thence run South 860 55' 19" East along said Northerly line for a distance of 491.61 feet to a point on a curve concave Northeasterly having a radius of 2341.83 feet and a chord bearing of South 300 58' 26" East said point being on the Westerly right -of -way line of State Road No. 419 (per D.O.T. R/W map of State Road No. 419, Section 77070 -2506, Sheet 7) , thence run Southeasterly along the arc of said curve and said right -of -way line through a central angle of 070 51' 17" for a distance of 321.05 feet to a point on a curve concave Northwesterly having a radius of 25.00 feet and a chord bearing of South 50' 06' 28" West; thence run Southeasterly along the arc of said curve and the Northerly right -of -way line of Edgemon Avenue through a central angle of 090 19' 06" for a distance of 4.07 feet; thence run South 54' 46' 01" West along said Northerly riqht -of -way line of Edgemon Avenue for a distance of 720.61 feet; thence run North 350 13' 59" West along the Easterly line of Lot 14, Block 17, of said North Orlando Ranches, Section 11 for a distance of 175.00 feet to the Northeasterly corner thereof; thence run South 540 46' 01" West along the Northerly line of said Lot 14 and Lot 15, Block 17 of said North Orlando Ranches, Section 11 for a distance of 210.00 feet; thence run North 350 13' 59" West for a distance of 32.05 feet; thence run South 540 46' 01" West for a distance of 185.00 feet to the West line of Block 18 of said North Orlando Ranches, Section 11; thence run North 350 13' 59" West along said West line for a distance of 119.96 feet to a point of curvature of a curve concave Northeasterly having a radius of 1715.00 feet; thence run Northerly along the arc of said curve and said West line through a central angle of 120 48' 39" for a distance of 383.46 feet to a point on said curve and the Southeasterly corner of the aforementioned Block 19; thence run South 670 34' 40" West radial to said curve along the Southerly line of said Block 19 for a distance of 125.18 feet to the Point of Beginning. WINTER SPRINGS WATER & SEWER WEST UPDATE '6 /12/9 DEVELOPER AGREEMENTS DEVELOPER NAME CAPACITY PURCHASED PURCHASE NO. ( *) ASSIGNMENTS WATER SEWER DATE 1 GROUP III DESIGN 17250 11730 06 -12 -84 2 BIG CYPRESS 87000 60000 09 -05 -84 2A DEUTSCHMARK, INC 36616 25000 10 -01-85 2B DEUTSCHMARK, INC 7323 5000 07 -16 -86 2C RICHARD HILLEBRAND 43940 30000 7 -14-86 2D BIG CYPRESS 43940 30000 2 -23 -87 3 BARNETT BANK 19800 19800 12 -12-83 3A JACK C. DEMETREE * 9000 9000 6 -29-84 4 JUDGE DEVELOPMENT 11520 8,500 08 -31 -84 5 CHRISTEN HOMES 8000 5,440 08 -31 -83 6 CHEMICAL ENTERPRISES 25000 17,000 08 -31-83 6A CLASSIC CUSTOM HOMES * 25000 17,000 10 -18 -84 6B SOLD BACK TO CITY 25000 17,000 02 -17 -87 7 NEWLANDO, INC. 18500 12580 08 -31-83 7A ALEX HALBERSTADT 8500 5,780 07 -01 -87 7B ALEX HALBERSTADT TERMINATED AGREEME 3 -18 -92 8 CHEMICAL ENTERPRISES 3800 3,800 08 -31-84 9 NATIONAL HOMES, INC. 37800 27,000 12 -12 -83 10 LEE CHIRA 5000 5,000 12 -12 -83 10A LEE CHIRA TERMINATED AGREEME 03 -06-92 11 NEWLANDO, INC. 7250 41930 12 -14-83 11A HALBERSTADT 7250 4930 07 -01 -87 12 ETTO, CORP. 42750 29,000 12 -14-83 13 PINE GROVE HOLDINGS 26000 17,680 12 -29-83 14 SUPERIOR CONST. 8400 6,000 11 -04 -83 15 DEMETREE 17500 11,900 08 -01 -84 16 WENDELL SPEARS 14000 10,000 08 -01 -84 17 NEWLANDO, INC. 93500 63,580 09-08 -84 17A HALBERSTADT 25000 17,000 07 -01 -87 17B MINDICH HOMES 25000 17,000 12 -23 -88 17C HALBERSTADT * 68500 46580 07 -17 -90 17C RTC 47471 32280 11 -09 -93 17C L & S DEVELOPMENTS INC 47471 32280 06 -08 -95 17D FLORIDA LAND CO. 13650 11700 07 -26 -90 17E HALBERSTADT 13650 11700 03 -15-93 18 ROLLINGWOOD DEV. 7250 4,930 08 -30-84 19 ROLLINGWOOD DEV. 4500 3,060 08 -30 -84 19A ENTP. OF SEMINOLE 4500 3060 10 -26 -84 19B ENTP. OF SEMINOLE TERMINATED AGREEME 02 -27 -92 20 ECC OF SEMINOLE 9000 6,120 08 -30-84 21 FRC 105000 75000 08 -06 -84 21A MT. GREENWOOD * 105000 75,000 21B AMERIFIRST DEV. CORP. 48000 32640 10 -28 -91 21C AMERIFIRST DEV. CORP. 14250 9690 06 -08 -92 22 FLORIDA LAND CO. 105000 75,000 10-05 -84 22A 434 PARTNERSHIP * 105000 75,000 10 -07 -87 22B GULFSTREAM HOUSING * 105000 75000 3 -26 -91 23 FDIC (CONTINENTAL) 57500 44,400 03 -30 -88 23A SALA, INC. 30000 22500 03 -30 -90 24 434 PARTNERSHIP 35000 30,000 06 -22 -88 24A GULFSTREAM HOUSING 35000 30000 3 -26 -91 25 NEWLON & COMPANY 28000 24,000 08 -03 -88 25A AMERIFIRST BANK 15400 13200 26 ASHLEY SQUARE 133000 117500 01 -30 -85 26A GOLF TERRACE TERMINATED AGREEME 02 -91 27 ADM3 PARTNERS, LTD. 2450 2100 4 -15 -93 TOTAL