HomeMy WebLinkAbout1996 Lennar Northeast PartnersTHIS INSTRUMENT PREPARED BY:
k eTRICK T. CHRISTIANS.EN
rman, Senterfitt & Eidson, P.A.
�. P. 0. Box 231, Orlando, FL 32802.0231
S 0�
PTC -4
8 -14 -96
13 THE RECORDS C.
DOCUMENTARY STAMPS " K. BART u'
CERK CIRCUIT
DEED $,'-? U INIDIAN RIVER CO., FL -1:..
NOTE $
JEFFREY K. PARTON, CLERK
INDIAN RIVER COUNTY
RIGHT -OF -WAY DEED
(Additional Roseland Road Property)
THIS RIGHT -OF -WAY DEED made the C2.L0 day of August, 1996 by:
LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP, a
Delaware limited partnership, 600 Peachtree Street,
N.E., Suite 3500, Atlanta, Georgia 30308 (hereinafter
called the "Grantor "),
to
CITY OF SEBASTIAN, a Florida municipal corporation,
1225 Main Street, Sebastian, Florida 32958
(hereinafter called the "Grantee ")
WITNESSETH that the Grantor, for and in consideration of
the sum of $10.00 and other valuable consideration, receipt
whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the Grantee,
all that certain land (the "Property ") situate in Indian River
County, Florida, viz:
The property described and set forth in Exhibit
"A" attached hereto and made a part hereof.
TOGETHER with all the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that
the Grantor is lawfully seized of the Property in fee simple;
that the Grantor has good right and lawful authority to sell and
convey the Property; that the Grantor hereby fully warrants the
title to the Property and will defend the same against the lawful
claims of all persons claiming by, through or under said Grantor;
and that the Property is free of all encumbrances, except for
taxes accruing subsequent to December 31, 1995 and the matters
set forth on Exhibit "B" attached hereto.
IN WITNESS WHEREOF, the Grantor has signed and sealed
these presents the day and year first above written.
Signed, sealed and delivered LENNAR NORTHEAST PARTNERS
in the presence of: LIMITED PARTNERSHIP
A
�Alrj_' 10W zkelm�
(Signature of Witness
*7�z,d �d- 4,/ -zcE
(Print Name of Witness)
As to the "Grantor"
STATE OF
COUNTY OF FU Pl�j
By Lenna ort ast
Hol i gs, nc.,
a G Ia Partner
By.
Mark /ffith,
Vice ident
The foregoing instrument was acknowledged before me this
2day of August, 1996, by Mark P. Griffith, as Vice President
on behalf of LENNAR NORTHEAST HOLDINGS, INC., as a general
partner of LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP, a
Delaware limited partnership, on behalf of the limited
partnership.
Signature of Nt7fary Public - State o
Notary Public, Cherokee County, Georgfa
My Commission Expires February 28, 1999
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A. u�
Print, type or stamgico missioned name o '�tary.�
Personally known L/ OR
Produced Identification
Type of Identification Produced:
ca
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CA)
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CONSENT BY MORTGAGE HOLDER
(Wells Fargo Bank)
The undersigned, WELLS FARGO BANK, N.A., (the
"Mortgagee "), having an address of 343 Sansome Street, Suite
1150, San Francisco, California 94104, being the owner and holder
of the following described loan documents (collectively the
"Mortgage Documents "):
1. That certain Mortgage, Security Agreement,
Assignment of Leases and Rents and Fixture Filing
dated November 3, 1994 from LENNAR NORTHEAST PARTNERS
LIMITED PARTNERSHIP, to STATE STREET BANK AND TRUST
COMPANY and recorded December 8, 1994 in Official
Records Book 1041, Page 2432, as assigned to the
Mortgagee by that certain Assignment of Mortgage
dated January 31, 1995, and recorded February 8, 1995
in Official Records Book 1047, Page 2502, and as
amended and restated by that certain Amended and
Restated Mortgage, Deed of Trust, Trust Deed,
Security Agreement and Financing Statement dated
January 31, 1995 from LENNAR NORTHEAST PARTNERS
LIMITED PARTNERSHIP to the Mortgagee and recorded
February 8, 1995, all in Official Records Book 1047,
Page 2505, Public Records of Indian River County,
Florida; and
2. That certain UCC -1 Financing Statements
from LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP as
the Debtor, to STATE STREET BANK AND TRUST COMPANY as
the Secured Party and recorded November 16, 1994 in
Official Records Book 1039, Page 2143, as assigned to
the Mortgagee by that certain UCC -3 Statement of
Change recorded February 9, 1995 in Official Records
Book 1047, Page 2838, all in Public Records of Indian
River County, Florida; and
3. That certain Assignment of Leases dated
January 31, 1995 from LENNAR NORTHEAST PARTNERS
LIMITED PARTNERSHIP to the Mortgagee and recorded
February 8, 1995 in Official Records Book 1047, Page
2553, Public Records of Indian River County, Florida
does hereby approve of and consent to the foregoing Right- Of -Way-
Deed.
3
Ca>
IN WITNESS WHEREOF, the Mortgagee has executed this
Consent az of'l.1014vay of August, 1996.
signed, sealed and delivered
in the presence of
YT_V0r7a_tUr-_ of yJitn.ss1
(print Name of Witnees)
(signatt)re of witnes )
ere. .wdle�
(Print Naftlu of �IitneEe)
As to the "Mortgagee"
STATE OF CALIFORNIA
SS:
COUNTY OF C PrtiJ L
TELLS F'ARGO BANK, N . A .
By :
(
K& a- c;f officer)
( -print Name & -fir-le of officer)
On August a(, 1996, before me,-�t� a
notary public in and for said state, personally appears
(or proved t.c�
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to
me that he �' executed the same in his(h °ter- authorized
capacity, and that by his(he-r-)- signature on the instrument the
person, or the entity on behalf of Which the person acted,
executed the instrument as the free act and deed of said WELLS
FARGO BANK. N . A .
My Commission Expires:5cfA.1)J997 Sign
(NOTARIAL SEAL)
• PAM MALALLY
i :• -s COMM. # 1004654
Z Notory Public — California
ORANGE COUNTY
MY Comm. Expires SEP b. 1997
Print
ame•
Name
Notary Public, State of California
Serial No . , if any : /b Cos
H
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LEGAL DESCRIPTION OF PROPERTY
(Additional Roseland Road Property)
A portion of Tracts "C" and "F ", according to the recorded Plat
of SEBASTIAN LAKES UNIT ONE, as recorded in Plat Book 12, Pages
11 and 11A, of the Public Records of Indian River County,
Florida, more particularly described as:
Commencing at the Northerly most corner of
Tract "A"; thence run Westwardly along the South
line of Fellsmere Road, which is also the North
line of tract "A ", a bearing of South 37 043145"
West, a distance of 1013.72 feet to the POINT OF
BEGINNING; thence continue along said Southerly
right -of -way South 37 043'45" West a distance of
70.57 feet; thence run South 52 016115" East a
distance of 729.40 feet to a point of curvature;
run thence along said curve to the right with
said curve having a radius of 225.00 feet, a
chord bearing of South 26 022145" East, a chord
distance of 196.50 feet, a length of 203.35 feet,
to the Westerly right -of -way line of Laconia
Street; thence run North 00 029114" West a
distance of 89.82 feet to a point of curvature;
run thence along said curve to the left with said
curve having a radius of 225.00 feet, a chord
bearing of North 26 022'45" West, a chord distance
of 196.50 feet, a length of 203.35 feet, thence
run north 52 016115" West a distance of 673.84
feet to the POINT OF BEGINNING.
Exhibit "A"
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fns
e
SCHEDULE OF EXCEPTIONS
1. Conditions, limitations, easements, restrictions,
reservations, covenants and other matters of record,
without intent to reimpose or reinstate same hereby.
2. Applicable zoning ordinances, codes, rules and
regulations.
3. Any matters which would be disclosed by a current and
accurate survey of the Property.
Exhibit "B"
PTC: PTCENTERPRISES .SEBASTIAN:RIGHT -OF- WAY - DEED- ROSELAND -ROAD