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HomeMy WebLinkAboutLIMITED WARRANTIES OF SALESCANNED BY St.: ude corm STATE OF FLORIDA COUNTY OF ST. LUCIE LEMMD W u S E P 0 5 2007 FPUAENGINEERING FOR AND IN CONSIDERATION of the payment of the sum of Thirty-six Thousand and NO1100 ($36,000.00) Dollars and other valuable considerations paid to ERC, LLC (hereinafter the "Seller") by Villa]3". Hmm Corporation (hereinafter the "Buyer"), the receipt and sufficiency of which is herewith acknowledged, Seller does hereby bargain, sell, assign, transfer, convey and set over unto Buyer, its successors and assigns, the following described property, to - wit: v to y .�aoq a�ns r water connwdon (the "EXCs") owned by Seller with respect to water rights in St. Lucie County, Florida (hereinafter collectively referred to as the "Personal Property"). Conveyance is made subject to all governmental sautes, ordinances, rules, regulations, all impact fees, assessments or charges or fees, if any, for the year in which conveyance is made and, further, to the terms of that certain Water Rights Agreement dated on or about August 16, 1983 between Roger L. Toffolon and Ft. Pierce Utilities Authority, as amended by First Amendment dated on or about March 29, 1994 and by Addendum dated on or about June 19, 1984. TO HAVE AND TO HOLD the Personal _Property to Buyer, its, his or her heirs, successors and assigns, as the case may be, in fee simple. BUYER EXPRESSLY ACKNOWLEDGES THAT IT, HE OR SHE IS BUYING THE ERCS IN THEIR "AS IS" CONDITION ON THE CLOSING DATE AND SUBJECT TO ALL REGULATIONS, LAWS AND ORDINANCES AFFECTING SAME. SELLER HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING; BUT NOT LIMITED TEE TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY ERCS CONVEYED TO BUYER. Seller covenants and warrants to Buyer, its, his or her heirs, successors and assigns, as the can may be,. that Seller is the owner of the Personal Property and has the right to convey it to Buyer and that the Personal Properly is flee and clear of all liens and encumbrances against or by reason of Seller. Seller covenants on behalf of Buyer, its, his or her heirs, successors and assigns, as the case may be, to warrant and forever defend the title to the Personal Property against Seller and Seller's successors lawfully claiming, or to claim, the same or any part thereof. IN WITNESS WHEREOF, Seller has executed this Bill of Sale this day of November, 2005 ERC, LLC, a Florida limited liability company BY: LandSouth Partners, a South Carolina General Partnership, its Authorized Member BY: Ocean Park of SC, LLC Its G PA&TNER BY: . Crraham, its Member r 10:35ae+ Pros -OW STATE OF SOUTH CAROLINA ) y COUNTY OF HORRY 18434411533 T-YSZ i u�s,1v a m B m SEP 0 5 2007 LIMITED WARRA" $A OffERI N G FOR AND IN CONSIDE.RAMN of the payment of the sum ofTwenty wenty One Thousand Two Hundred Fifty and N0/100-($21,250.00) Dollars and other valuable considerations paid to Treastvc Cay, LI.C, a South Catalina limited liability compatey (hereinafter the "Seller") by if311iiUettt�#�os Corporation (hereinafter the "Buys"), the receipt and sufficiency of which is herewith acknowledged, Seller does hereby -bargain, sell, assign, tnusfer "convey and set over unto -Buyer; its, his or her heirs and itssigiis; !Tie following described property, to -wit: L`tiiiit►alaat R04dm tei Connections for water connection (the "ERCs"), which ate commonly referred to as "water taps" oww d by Seller pursuant to Assignmew from Roger L. Toffolon. The ERC9 are rights which Buyer has satisfied itself are minderable, provided, however, that such tttinsfer must be documented with the Ft. Pierce Utilities Authority. Conveyance is made subject to all governmental statutes, ordinances, rules, regulations, all impact fees, assessments or charges or fens, if any, for the year in which conveyance is made and, further, to the terms of that certain Water Rights Agreement dated on or about August 16,1993 between Roger L. Toffolon and Ft. Pierce Utilities Authority, as amended by First Amendment dated on or about March 29,1984 and by Addendum dated on or about June 19, 1984. TO HAVE AND TO HOLD the ERCs to Buyer, its, his or her heirs, successors and assigns, as the case may be, in fee simple. BUYER EXPRESSLY ACKNOWLEDGES THAT IT, HE OR SHE IS BUYING THE FRCS IN THEIR "AS IS" CONDMON ON THE CLOSING DATE AND SUBJECT TO ALL REGULATIONS, LAWS AND ORDINANCES AFFECTING SAME. SELLER HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING. BUTNOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY FRCS CONVEYED TO BUYER Seller covenants and warrants to Buyer, its, his or her heirs, successors and assigns. as the case may be, that Seller is the owner of the BRCS and has the right to convey it to Buyer and that the ERCs is free and clear of all liens and encurnbraaees against or by reason of Seller. Seller covenants on behalfof Buyer, its, his or her heirs, successors and assigns as the case may be, to warrant and forever defend the, title to the ERCs against Seller and Seller's successors lawfully claiming, or to claim, the same or any pant thereof. 10:36as From•RPUR 16434461E r T-863 P.003/008 F-841 IN WITNESS WMREOF, Seller has executed this Bill of Sale this _ day of January. WITNESSES: TREASURE CAY, LLC, a South Carolina limited liability company By: SAND SOUTH, LLC, a South Carolina limited liability company By: LAND SOUTH PARTNERS, a South Carolina General Partnership Its: Sole Member By: Dolphin Development Corporation, a South Carolina corporation Its: General Par = sy: . Wayne ix Its: Presi By. Ocean Park of SC, LLC, a South Carolina limited liability company Its; General Parta CaWIKGrahth I . Authorized Member - - - - - - - — - - - - - - - - - - - - - - - NEANDROSS ESTATE Ho 6 5 6 1. OPERATING ACCOUNT' SEACOAST NATIONAL BANK P.O.'BOX . 1570 TEQUESTA, FLORIDA 33469' NUMBER JUPITER, FL 33468 (561) 743-4732 63-815/670 2 PAY TO THE ORDER LL) c Pt� N OF ieq, lvp "I OOE3 Sr3 1110 1:06700 S4 SIB I: Ll 3 G 700883 111,