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HomeMy WebLinkAbout1992-005 - Assignment of RIF - 7-18-2008JOSEPH E. SMITH, FILE # 3341581 CLERK OF THE OR ,BOOK 3086 CIRCUIT COURT - SAINT LUCIE COUNTY PAGE 2207, Recorded 05/06/2009 at 01:02 PM AFTER RECORDING RETURN TO: Rob Schwerer, Esq. 515 South Indian River Drive Fort Pierce, Florida 34950 ASSIGNMENT OF ROAD IMPACT CREDITS THIS ASSIGNMENT ("Assigrunent") is made effective as of this 18th day o0uly, 2008, by BRISBEN FAMILY LIMITED PARTNERSHIP, a Georgia limited partnership, whose address is 23 N Beach Rd, Hobe Sound, Florida 33455("Assignor"), THE PROVIDENT FINANCIAL,LLC, a OHIO limited liability company, whose address is 255 E. 5a' St., Cincinnati, Ohio 45202("Assignee"). WHEREAS, Assignor desires to assign to Assignee prepaid road impact fee credits ("Credits") in the amount of $312,460.00 established pursuant to an Agreement between St, Lucie County, Florida and Atlantic Gulf Communities Corporation, a Delaware corporation as recorded in Official Records Book 795, Page 1680, as amended by Addendum to such Agreement recorded in Official Records Boob 925, Page 2545 and re -recorded in Official Records Book 928, Page 690, as assigned by that certain Assignment of Road Impact Fee Credits recorded in Official Records Book 1013, Page 1957, and that certain Assignment of Road Impact Fee Credits recorded in Official Records Book 1013, Page 1962, all of the Public Records of St. Lucie County, Florida (collectively, "Agreement"y associated with the Property more particularly described on Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Assignor hereby grants, assigns and conveys $312,460.00 in Credits to Assignee in connection with the Property described in the Agreement free and clear of any claims, liens or other interests. 3. Assignee hereby accepts the Credits in the amount of $312,460.00 and agrees that same shall be governed by all applicable rules, regulations and ordinances of St. Lucie County, Florida IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the day and year first above written. Signed, sealed and delivered in the ASSIGNOR: FrL'.1232520.2 OR BOOK 3086 PAGE 2208 i IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the day and year first above written. Signed, sealed and delivered in the ASSIGNOR: presence of: BRISBEN FAMILY LIMITED PARTNERSHIP, A Georgia limited partnership BY: BRISBEN FAMILY, INC., a Florida corporation Its general partner 1101 M I r. By: Sign tune William Print Name• 11 U%xi 1,11161 Signature L Print Name: 1671w, President (CORPORATE SEAL) ASSIGNEE: The Provident Financial, LLC, a Ohio a F7L:1232520:2 OR BOOK 3086 PAGE 2209 STATE OF ©kvo ) SS: COUNTY OF '.1., } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by William O. Brisben, President of BRISBEN FAMILY, INC., a Florida corporation, the general partner of BRISBEN FAMILY LIMITED PARTNERSHIP, a Georgia limited partnership, freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is personally known to me or has produced P i : j (21 S L. r �„� .c. _ _ as identification. WITNESS my hand and official seal in the County and State last aforesaid this i Y7 day of 1_, 2008. ILL, I Notary Pub Ac, State of o Iota STACY A. POWERS Albo Pill all 1041 Typed, prinftb gf Notary Public My Commission Expires: STATE OF Qk d ) } SS: COUNTY OF 'tl } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Lori M. Hamilton , Managing Member of The Provident Financial, LLC, a Ohio limited liability company, freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is personally known tome or has produced D<,,,n=, L - e.4-..e _ as identification. WITNESS my hand and official seal in the County and State last aforesaid this I b day of 2008. My CoMj , i on txpire's: F rL:1232t20":2 Nf-tk u'`"Iot'b Notary Pub ic, State of CAA: 0 STACY A. POWERS Pt0. Bala dow Typed, printed or stamped name of Notary Public OR BOOK 3086 PAGE 2210 EXHIBIT "A" A parcel- of land situated and lying in Sections 16 and 17, Township 36 South, Range 40 East, St. Lucie County, Florida and being more Particularly described as follows: In Section 16 The Southwest quarter of said Section 16; LESS The South 110 feet thereof, for canal right-of-way recorded in O.R. Book 411, Page 1193, Public Records of St. Lucie County, Florida. LESS The right-of-way for South 25th Street described in O.R. Book 795, Page 1648, Public Records of St. Lucie County, Florida. LESS Tract One for South 25th Street described in O.R. Book 795, Page 1648,, Public Records of St. Lucke County, Florida. LESS The right-of-way for Canal No. C-107, recorded in O.R. Book 587, Page 4.62, Public Records of St. Lucie County, Florida. TOGETHER WITH: That portion of the Southeast quarter of said Section 16 lying West Of the mean high water line of the north fork of the St. Lucie River and its tributaries. TOGETHER WITH: The South one-half of the Northwest quarter of said Section 16 lying West of the mean high water line of the north fork of the St. Lucie River and its tributaries. LESS The right of way for Canal No. C-107, recorded in O.R. Book 587, Page 462, Public Records of St. Lucie County, Florida. IN SECTION 17 Tract R, PORT ST. LOCIE SECTION FORTY-THREE, a subdivision according to the plat thereof, recorded in Plat Book 16 Pages 15, _ 15A through 15L, Public Records of St. Lucie County, Florida. TOGETHER WITH: i OR BOOK 3086 PAGE 2211 a 58 foot parcel, bounded on the South by Tract R, on the East by the East boundary of Section 17, on the North by the South boundary of Canal No. C--107 and on the West by the East right of way for South 25th Street. LESS The right of way for South 25th Street described in O.R. Book 795, Page 1648, Public Records of St. Lucie County, Florida. TOGET&ER WITH: Tract S, PORT ST. LUCIE SECTION FORTY--TMEE, a subdivision according to the plat thereof, recorded in Plat Book 16, Pages 15, 15A through 15L, Public Records of St. Lucie County, Florida. LESS The Light of way for South 25th Street described in O.R. Book 795, Page 1648, Public Records of St. Lucie County, Florida. LESS Tract Two for South 25th Street, described in O.R. Book 795, Page 1648, Public Records of St. Lucie County, Florida. LESS Portion West of South 25 Street described in O.R. Book 795, Page 1648, Public Records of St. Lucie County, Florida. LESS The right of way for Canal No. Page 462, Public Records of St. TOGETHER WITH: In Section 47 C-107, recorded in. O.R. Book 587, Lucie County, Florida. Tracts F, G, J and K, Port St. Lucie Section 47, a subdivision according to the plat thereof., as recorded in Plat Book 16, pages 40A through 40L of the Public Records of St. Lucie County, Florida. LESS AND EXCEPT, That part .of the Southwest corner of Tract �i lying west of the Su= vey Boundary 'Line curve for East Torino Parkway. Page 2 of 2