HomeMy WebLinkAbout1999-02240
40
•
•
Prepared Under the
Supervision of Florida
Counsel By and Return To:
Katten Muchin & Zavis o m m z
525 W Monroe St., n
Z x In
Suite 1600 m
�...
Chicago, IL 60661 X _ rn
C)
Attn: Jon Brandon, Esq. rx
$A
c� ={ q
own
tT
co
uapp
art CC.
0 0 "1
U_ ?,
— Cr
e•t
`, o m
�E�LL
(} > tCi
t. r
Q
i'
r
0 ASSIGNMENT OF CLAIM OF LIEN
N
1
0
V KNOWN ALL MEN BY THESE PRESENTS, that INDIAN RIVER COUNTY, having
an address of c/o Board of County Commissioners, 1840 251° Street, Vero Beach, Florida 32960,
a
Attn: Art Reisfeld ("Assignor"), in consideration of ONE HUNDRED SEVENTY-SEVEN
w
THOUSAND EIGHT HUNDRED EIGHTEEN AND 02/100 DOLLARS ($177,818.02) and
other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, paid by MHC LENDING LIMITED PARTNERSHIP, an Illinois limited
o partnership, having an address of c/o Manufactured Home Communities, Inc., Two North
N Riverside Plaza, Chicago, Illinois 60606 ("Assignee"), does hereby assign, transfer, sell, convey
z and set over unto Assignee, its successors and assigns, all of Assignor's right, title and interest
-in and to (i) that certain Claim of Lien in favor of Assignor, dated August 23, 1993, recorded
oc4August 27, 1993, at Official Records Book 986, page 835, in the original amount of $266,558.20,
z y gplus accrued interest and penalties, if any; and (ii) that certain Claim of Lien in favor of Assignor,
x ,,dated July 21, 1994, recorded July 26, 1994, at Official Records Book 1028, page 996, in the
O i W original amount of $318,742.05, plus accrued interest and penalties, if any, both of the Public
W
Z 3 &Zecords of Indian River County, Florida.
<Yzt__ua,
m
w o � The above described Claims of Lien encumber the lands more particularly described in
cc j xhibit A attached hereto.
a
t/ TO HAVE AND TO HOLD the same unto the said Assignee and its successors and
N)
Assigns
forever.
C.lt
W
ro
c�
O
—.J
Doe MCH01 (07947-00001) 205247760;1/12/19997rme:10:49
L:7
40
•
•
IN WITNESS WHEREOF, Assignor has caused these presents to be signed as of January
ly, 1999.
Signed, Sealed and Delivered in the
presence of:
Witness W)e'b4—'g—LVPrint Name: /0,4712-/c/4
Witness .�
Print Naim• /�l% 77_ c -i /h 0 7--;'�
STATE OF
flf-%%T IV T Y OF• -
it t,'1
INDIAN RI R COUNTY"
By: ,
enneth R. Machi
Chairman
This instrument was acknowledged before me this /. day of 1999,
by Kenneth R. Macht, as Chairman of the Board of County CommissiolWers of INDIAN RIVER
COUNTY, on behalf of said county. &4e/He is personally known to m_e or has produced
as identification.
My commission expires:
NOTARY PUBLIC
Signa, i Z/' , :t o
Print: L/cE E, 60#17 -,5 -
[SEAL]
l�rrr »> vrrnrrarrrrrrrrrr;rrrirrrr;ra»>irrrr .
� O�RY PVB Alice 13. white i
Notary Public, Staic ol'Fbnda ,
< + o` Gnnmissiou No. C:C576M
nog Nly Conunissical Glp. 08/1312000 �.
)( I•$Q0.7.t:OTARY-1'la. Aawy SrrvireSllomiing Co
7-7
tV
un
CD-v
-►.1
tV
40
40
O
O
EXHIBIT R
LEGAL i58UMMPTION
That portion of Tracts 11, 13, 14, 15 and 16, in Section 2, Township 33 South,
Range 30 East, plat of lands of INDIAN RIVER FARMS COMPANY, as recorded in Plat
Book 2, page 25, of the Public Records of St. Lucie County, Florida; said land
now lying and being in Indian River County, Florida, being more particularly
described as follows:
Begin at the concrete monument at the Southeast corner of said Tract 14, thence
run South 890 33, 03" West, along the South line of said Tract 14, a distance
of 1,333.19 feet to the Southwest corner of said Tract 14; thence run North 000
04' 05" West, along the West line of said Tract 14, for 686.71; thence run
South 890 46' 05" West,.for 330.00 feet; thence run North 000 04' 05" West, for
330.00 feet; thence run South 890 461 05" West for 330.00 feet; thence run
North 000 04' 05" West, for 330.00 feet; thence run North 890 46' 05" East for
660.00 feet to the Southwest corner of said Tract 11; thence run North 000 04,
05" West, along the West line of said Tract 11, for 599.59 feet; thence run
North 890 44' 29" East, for 1,228.24 feet to the arc of a circular curve to the
left, concave westerly having a radius of 815.00 feet; thence run Northwesterly
along the arc of said curve through a central angle of 400 411 171, for 578.76
feet (chord is bearing North 120 281 48" West, 566.68 feet), to a point on the
arc of a circular curve to the right, concave easterly, having a radius of
198.71 feet; thence run Northerly, along the arc of said curve, through a
central angle of 320 331 58", for 112.91 feet (chord is bearing North 160 32,
29" West, for 111.43 feet) to the South right of way line of Florida State Road
No. 60 (20thStrgPt) a tthPnr-P rhyn Nnrth RQ° eel 29" East, :1^^.g the south right
of way line of said Florida State Road No. 60, for 60.00 feet to the arc of a
circular curve to the left, concave easterly, having a radius of 138.71 feet;
thence run Southeasterly, along the arc of said curve, through a central angle
32° 32' 29" for 78.78 feet (chord is bearing South 160 32' 2911 East, for 77.78
feet), to the arc of a circular curve to the right, concave westerly, having a
radius 875.00 feet; thence run Southerly, along the arc of said curve, through
a central angle of 400 07' 36", for 612.80 feet (chord is bearing South 12° 451
37" East, for 600.37 feet); thence run North 890 44' 29" East, for 12.77 feet;
thence run South 000 18' 11" East, 30 feet West of and parallel to the East
line of said Tract 11 for 597.47 feet to the North line of said Tract 14;
thence run North 890 39' 01" East, along the North line of said Tracts 14, 15
and 16, for 2,691.60 feet, to the Northeast corner of said Tract 16; thence run
South 000 16' 27" East, along the East line of said Tract 16, same line being
the East line of the Southeast 1/4 of said Section 2, for 1,339.73 feet, to the
Southeast corner of said Tract 16, same point being the Southeast corner of
said Section 2; thence run South 890 33' 03" West, along the South line of said
Tracts 14 and 15 and 16 same line being the South line of said Section 2, for
2,666.10 feet; to the Point of Beginning. LESS the East 40 feet thereof for
road right of way for 82nd Avenue (Ranch Road) and the South 50 feet thereof is
subject to a canal and road right of way easement.
TOGETHER WITH rights of in that certain Declaration of Joint and Recipaocal
Easements as recorded May 13, 1993 in Official Record Book 973, page 1423, LESS
that certain parcel conveyed by Deed of Easement and Bill of Sale of Utility
Facilities to Indian River County in Official Record Book 723, page 1343; and
TOGETHER WITH easement rights in that certain Declaration of Easement Rights
and Restrictions as recorded September 23, 1982 in Official Record Book 649,
page 1682, all as recorded in the Public Records of Indian River County,
Florida.
END OF LEGAL DESCRIPTION
J,
ALLONGE ': h. ,.
Allongc to that certain note dated April 10, 1991 in the original principal amount of
5192,712.00, made by GERALD D. ELLENBERG, an individual, to the order of INDIAN
RIVER COUNTY, FLORIDA (the "Note").
Pay to the order of MHC LENDING LIMITED PARTNERSHIP, a Delaware limited
partnership ("Ass a ") having an office c/o Manufactured dome Communities, Inc., 2 North
Riverside Plaza, Chicago, Illinois, 60606, its successors and assigns. This Allonge is made
without recourse and without any representation or warranty of any kind whatsoever, express or
implied, by operation of law, or otherwise.
Dated as of January f9, 1999
ATTEST: By: INDIAN RIVER COUNTY,
By:
Print Name: '10/Ar (DclecName: _- KENNETH R. MRCHT
_1111 -T—`1 CLc4ZK // Title: CHAIRMAN
4W
7.7
0
0
Prepared Under the
Supervision of Florida
Counsel By and Return To:
Katten Muchin & Zavis
525 W Monroe St.,
Suite 1600
M
Chicago, IL 60661 Z M jj C);X 0
CD
3) C " 0
Attn: Jon Brandon, Esq. 0:4 > X
kk)
0 0mo
*
Z 0-4w
CO
S�ZO
C.0
U.
OZ
Cc)
>- 10 ASSIGNMENT OF IMPACT FEE LIEN AGREEMENT
72
uj
Z
0� 0
0 1j -
KNOWN ALL MEN BY THESE PRESENTS, that INDIAN RIVER COUNTY,
having an address of c/o Board of County Commissioners, 1840 25" Street, Vero Beach, Florida,
C—
< 32960, Attn: Art Reisfeld ("Assigno "), in consideration of TWO HUNDRED TWENTY
A
THOUSAND AND NO/100 DOLLARS ($220,000.00) and other good and valuable
> consideration the receipt and sufficiency of which are hereby acknowledged, paid by MHC
CD
LENDINGLIMITED PARTNERSHIP, an Illinois limited partnership, having an address of c/o
Manufactured Home Communities, Inc., Two North Riverside Plaza, Chicago, Illinois 60606
("Assignee"), does hereby assign, transfer, sell, convey and set over unto Assignee, its successors
and assigns, all of Assignor's right, title and interest in and to that certain Impact Fee Lien
Agreement for Connection to Existing System ("Impact Fee Lien Agreement") in favor of
Assignor, dated April 10, 1991, recorded May 2, 1991, at Official Records Book 895, page 267,
of the Public Records of Indian River County, Florida, in the original amount of $192,712.00,
plus 9.75 % interest, as well as any and all liens created thereunder.
The above described Impact Fee Lien Agreement encumbers the lands more
particularly described as:
o
THE WEST 20.29 ACRES OF TRACT 4, SECTION 26,
TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO
T
THE LAST GENERAL PLAT OF LANDS OF THE INDIAN
M
Z RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE
cr CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY,
IV
r,
JC:p W J FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW
Cil
U3Cc � �- =: LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA,
W
LESS THE EXISTING RIGHT OF WAY OF STATE ROAD S-606
AND STATE ROAD S-607.
C=)
73 '0 cc LU
TO HAVE AND TO HOLD the same unto the said Assignee and its successors and
� assigns forever.
Doc MCHOI (07947-00001) 20524777v3;1/1211999MMe:16:34
40
G
IN WITNESS WHEREOF, Assignor has caused these presents to be signed as of
January /?, 1999.
INDIAN RIVE COUNTY
By:
enneth R. Macht
Chairman
Signed, Sealed and Delivered in the
xes a of: '
Witness 6pf
Print Name: r�7�/C r ' D y
Witness
Print Name: /T ?i% /91 S 7 %
STATE OF }
�ss.:
COUNTY OF ¢IGOu B rU lac r���tJ )
— -�1,4
mtran Rvar Cu A�pruved Da IU
Adm!rt d
Lepd �
This instrument was acknowledged before me this / 9 day of 1999,
by Kenneth R. Macht, as Chairman of the Board of County CommisStOners of IN AN RIVER
COUNTY, on behalf of said county..-Sie/He is personally known t9.-= or has produced
as identification.
My commission expires:
1`lOT Ai\Y PUnT Th
Sign:
Print:n
[SEAL]
JJIJAM�W,{ryWIJJJNJlHJIIJ!lArlNllll.Y
aY spa Alice E. white
• Notary Public, State of Florida ;
o` Conunission No. CC576882
y�o11 My Ccmmisaion8xp.08/13/2000 ;
100 J NOTk ItY . }, No n gmir, .Q Ffo,kl;oy r r,
\)il1\)•'\ .11\1'x; ..'— ,111))\\""11)11\l1
0
POJ
tl1
W
GO)
O
v
40
40
Prepared Under the
Supervision of Florida
Counsel By and Return To:
Katten Muchin & Zavis
525 W Monroe St.,
Suite 1600
Chicago, IL 60661
Attn: Jon Brandon, Esq
A IGNMENI' OF IMPACT FEE LIEN AGRFFt�rENT
KNOWN ALL MEN BY THESE PRESENTS, that INDIAN RIVER COUNTY,
having an address of c/o Board of County Commissioners, 1840 25' Street, Vero Beach, Florida,
32960, Attn: Art Reisfeld (-_Assignor"), in consideration of TWO
THOUSAND AND NO/100 DOLLARS HUNDRED TWENTY
consideration the receipt and sufficiency of which �arree herebynacknowledged, paiother good d by valuable
LENDING LIMITED PARTNERSHIP, an Illinois limited partnership, having an address of c/o
Manufactured Home Communities, Inc., Two North Riverside Plaza, Chicago, Illinois 60606
("Assi nee"), does hereby assign, transfer, sell, convey and set over unto Assignee, its successors
and assigns, all of Assignor's right, title and interest in and to that certain Impact Fee Lien
— Agreement for Connection to Existing System ("Impact Fee Lien A rePmen ►"
Assignor, dated April 10, 1991, recorded May 2, 1991, at Official Records Book 895n favor of
of the Public Records of Indian River County, Florida, in the original amount of $192,712.00,
plus 9.75% interest, as well as any and all liens created thereunder.
The above described Impact Fee Lien Agreement encumbers the lands more
particularly described as:
THE WEST 20.29 ACRES OF TRACT 4, SECTION 26,
TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO
THE LAST GENERAL PLAT OF LANDS OF THE INDIAN
RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY,
FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LAND NOW
LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA,
LESS THE EXISTING RIGHT OF WAY OF STATE ROAD 5-606
AND STATE ROAD S-607.
assigns forever. TO HAVE AND TO HOLD the same unto the said Assignee and its successors and
DocACHOt (07947.0000f) 20524777v3;1/1211999Rme:10:34
F-71
4D
•
E
Y4 C
7/9
B� /,9 v .3 -- (�a� 7/7
40
40
J
9
IN WITNESS WHEREOF, Assignor has caused these presents to be signed as of
January /d 1999.
INDIAN RIVER COUNTY
By; �..
Kenneth R. Macht
Chairman
Signed, Sealed and Delivered in the
of:
Witness
Print Name) ) b C7 G -'L
Witn ss
Print Name: ,ryes itz 4 • J r� l
STATE OF
ss.:
COUNTY OF
iaa aq "4d`1.n 4v rived Date nrr�, n
4- --�
LL i 13
This instrument was acknowledged before me this /qday of 1999,
by Kenneth R. Macht, as Chairman of the Board of County Commissi rs of INDI RIVER
COUNTY, be.half F said HITT._ aly t-__-_._ - ,
., vai va.,aaa. o! Saiu county. otacluc i5 YcrSUitauy RIIVWII to IIIc Vl IIiIJ 1)1UUUCCCI
as identification.
NOTARY PUBLIC
Sign;/` _ 44aeL -'
Print: qll
[SEAL]
My commission expires:
jI/lJJJ9lJJlJJJJJlAJ7JJL97JJJJJ77,7J)7JlJJ7JJ7iN .
o�l,PY P`B Alice I'. White >
<• Notary Public, State ofFlonda ,
e` Commission No. CC576882
`SOF 11QP My Commission rXP' 08113/21 WO ;
( 1-8003-NOURY- Fla. Naap Fmice& Bmoiing Co. �
40
40
Prepared Under the
Supervision of Florida
Counsel By and Return To:
Katten Muchin & Zavis
525 W Monroe St.,
Suite 1600
Chicago, IL 60661
Attn: Jon Brandon, Esq.
ASSIGNMENT OF CLAIM OF LIEN
KNOWN ALL MEN BY THESE PRESENTS, that INDIAN RIVER COUNTY, having
an address of c/o Board of County Commissioners, 1840 251' Street, Vero Beach, Florida 32960,
Attn: Art Reisfeld ("Assi nor"), in consideration of ONE HUNDRED SEVENTY-SEVEN
THOUSAND EIGHT HUNDRED EIGHTEEN AND 02/100 DOLLARS ($177,818.02) and
other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, paid by MHC LENDING LIMITED PARTNERSHIP, an Illinois limited
partnership, having an address of c/o Manufactured Home Communities, Inc., Two North
Riverside Plaza, Chicago, Illinois 60606 ("Assi nee"), does hereby assign, transfer, sell, convey
and set over unto Assignee, its successors and assigns, all of Assignor's right, title and interest
in and to (i) that certain Claim of Lien in favor of Assignor, dated August 23, 1993, recorded
August 27, 1993, at Official Records Book 986, page 835, in the original amount of $266,558.20,
plus accrued interest and penalties, if any; and (ii) that certain Claim of Lien in favor of Assignor,
dated July 21, 1994, recorded July 26, 1994, at Official Records Book 1028, page 996, in the
original amount of $318,742.05, plus accrued interest and penalties, if any, both of the Public
Records of Indian River County, Florida.
The above described Claims of Lien encumber the lands more particularly described in
Exhibit A attached hereto.
TO HAVE AND TO HOLD the same unto the said Assignee and its successors and assigns
forever.
Doc#:CH01 (07947-00001) 20524776v3,1/1211999Mme:10:49
40
40
IN WITNESS WHEREOF, Assignor has caused these presents to be signed as of January
L1, 1999.
Signed, Sealed and Delivered in the
presence of:
Witness
Print Name:
��c
Wit esd s !�
Print Name: <TG .—/7 -s h7 I TY/
STATE OF
ss.:
COUNTY OFJ�Re�e
INDIAN RIV COUNTY
%4
By: —/fe
enneth R. Macht
Chairman
�' At-erova d Dr+le
jid
,- -
i rn it.
This instrument was acknowledged before me this a clayo 999,
by Kenneth R. Macht, as Chairman of the Board of County Commis' ners of INDI RIVER
COUNTY. on behalf of said county. %-&/He is nersonally known to me or has nroduced
as identification.
NOTARY PUBLIC
Sign: AL
[SEAL]
My commission expires:
ltrlilN.%rrll:rNrrrtrtrlrit7lTllJNN/,%llllliiN
«,APY FSB Alice E. white
� Notnry Yubhc, State of Florian ,
< @` Curnuission No. CC576882 >
of Flop Aly Commissi0h FXV. 0811112000 ;
1
1.8003-NOTAP.Y- F1, "'obq im ��r .t itoc;:•i� , ;��
U
40
•
i
EXHIBIT R
LEGAL -DISTUPTION
That portion of Tracts 11, 13, 14, 15 and 16, in Section 2, Township 33 South,
Range 30 East, plat of lands of INDIAN RIVER FARMS COMPANY, as recorded in Plat
Book 2, page 25, of the Public Records of St. Lucie County, Florida; said land
now lying and being in Indian River County, Florida, being more particularly
described as follows:
Begin at the concrete monument at the Southeast corner of said Tract 14, thence
run South 890 33' 03" West, along the South line of said Tract 14, a distance
of 1,333.19 feet to the Southwest corner of said Tract 14; thence run North 000
04' 05" West, along the West line of said Tract 14, for 686.71; thence run
South 89° 46' 05" West, for 330.00 feet; thence run North 00` 04' 05" West, for
330.00 feet; thence run South 890 46' 05" West for 330.00 feet; thence run
North 000 04" 051" West, for 330.00 feet; thence run North 890 46" 051' East for
660.00 feet to the Southwest corner of said Tract 11; thence run North 000 04"
05" West, along the West line of said Tract 11, for 599.59 feet; thence run
North 890 44' 29" East, for 1,228.24 feet to the arc of a circular curve to the
left, concave westerly having a radius of 815.00 feet; thence run Northwesterly
along the arc of said curve through a central angle of 40° 41' 17" for 5708.76
feet (chord is bearing North 120 281 48" West, 566.68 feet), to a point on the
arc of a circular curve to the right, concave easterly, having a radius of
198.71 feet; thence run Northerly, along the arc of said curve, through a
central angle of 32° 33' S8", for 112.91 feet (chord is bearing North 160 321
29" West, for 111.43 feet) to the South right of way line of Florida State Road
No. 60 (20th Street); thence run North 890 44' 29" East, along the south right
of way line of said Florida State Road No. 60, for 60.00 feet to the arc of a
circular curve to the left, concave easterly, having a radius of 138.71 feet;
thence run Southeasterly, along the arc of said curve, through a central angle
320 32' 291" for 78.78 feet (chord is bearing South 160 32" 29" East, for 77.78
feet), to the arc of a circular curve to the right, concave westerly, having a
radius 875.00 feet; thence run Southerly, along the arc of said curve, through
a central angle of 400 071 3611, for 612.80 feet (chord is bearing South 120 45,
37" East, for 600.37 feet); thence run North 89° 441 29" East, for 12.77 feet;
thence run South 00° 18, 11" East, 30 feet West of and parallel to the East
line of said Tract 11 for 597.47 feet to the North line of said Tract 14;
thence run North 890 39' 01" East, along the North line of said Tracts 14, 15
and 16, for 2,691.60 feet, to the Northeast corner of said Tract 16; thence run
Sour_h nn° 151 27" East, along the East line of said Tract 16, sante line being
the East line of the Southeast 1/4 of said Section 2, for 1,339.73 feet, to the
Southeast corner of said Tract 16, same point being the Southeast corner of
said Section 2; thence run South 89° 33' 03" West, along the South line of said
Iracts 14 and i5 and 16 same line being the South line of said Section 2, for
2,666.10 feet, to the Point of Beginning__ LESS the East 40 feet .w^___f r__
GV 1.11GLCVL LVL
road right of way for 82nd Avenue (Ranch Road) and the South 50 feet thereof is
subject to a canal and road right of way easement.
TOGETHER WITH rights of in that certain Declaration of Joint and Reciprocal
Easements as recorded May 13, 1993 in Official Record Book 973, page 1423, LESS
that certain parcel conveyed by Deed of Easement and Bill of Sale of Utility
Facilities to Indian River County in Official Record Book 723, page 1343; and
TOGETHER WITH easement rights in that certain Declaration of Easement Rights
and Restrictions as recorded September 23, 3.982 in Official Record Book 649,
page 1682, all as recorded in the Public Records of Indian River County,
Florida.
END OF LEGAL DESCRIPTION
do
•
S
ALLONGE
Allonge to that certain note dated April 10, 1991 in the original principal amount of
$192,712.00, made by GERALD D. ELLENISERG, an individual, to the order of INDIAN
RIVER COUNTY, FLORIDA (the "Note").
Pay to the order of MHC LENDING LIMITED PARTNERSHIP, a Delaware limited
partnership (" ssi gne ") having an office c/o Manufactured Home Communities, Inc., 2 North
Riverside Plaza, Chicago, Illinois, 60606, its successors and assigns. This Allonge is made
without recourse and without any representation or warranty of any kind whatsoever, express or
implied, by operation of law, or otherwise.
Dated as of January -L2, 1999
ATTEST: By: INDIAN RIVER COUNTY
Prult Name: �� ��i�f �if�� Nam : KENNETH R. MACHT
Title: GHAI RMAN
mawR�raCa._.�4GrGved Daft!
[[Adrtur� S I 3