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EXHIBIT 10.139.3
This Instrument Prepared by:
Xxxxx X. Xxxxxxxxx
Xxxxxxx & Xxxxxx
Post Office Box 1288
Xxxxx, Xxxxxxx 00000
ASSIGNMENT OF RIGHTS UNDER PRE-ANNEXATION AGREEMENT
This Assignment of Lease (the "Assignment") made as of this 22nd day
of October, 1996, is by and between XXXXXXX X. XXXXXXXXXX, as Trustee, with an
address of 00 Xxxxx Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxx 00000
("Assignor"), and Southern Land Investors, Ltd., a Florida limited partnership,
with an address of c/o Southern Land Company, 00 Xxxxx Xxxxxx Xxxxxx, Xxxxx
0000, Xxxxxxx, Xxxxxxx 00000 ("Assignee").
BACKGROUND
The Assignor is the Developer under a certain Pre-Annexation Agreement
dated September 23, 1996, by and between Xxxxxxx X. Xxxxxxxxxx, Trustee, as
Developer and the City of Orlando (the "Pre-Annexation Agreement" or the
"Agreement") , which granted certain rights to the Developer for the Property
described in Exhibit "A," attached hereto. Assignor now desires to assign to
Assignee and Assignee desires to accept and assume Assignor's right, title and
interest under the Pre-Annexation Agreement.
OPERATIVE PROVISIONS
In consideration of the mutual obligations of this Assignment, Assignor
and Assignee hereby agree as follows:
1. Assignor hereby assigns to Assignee all of its right, title and
interest in the Pre-Annexation Agreement, effective the date set forth above.
2. Assignor warrants that the Pre-Annexation Agreement is in full force
and effect, that there are no amendments, modifications, extensions or renewals
to the Agreement, that Assignor is not in default of its obligations under the
Agreement, that Assignor has performed all obligations due as of the date of
this Assignment, that no event has occurred which, with the passage of time or
service of notice, or both, would constitute a default under the Agreement, that
the Agreement maybe so assigned without permission of the City of Orlando and
without impacting the rights granted in
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the Agreement, and that Assignor has the full right to execute and deliver this
Assignment.
3. Assignee hereby accepts Assignor's assignment and assumes all of
Assignor's obligations under the Agreement accruing from and after the effective
date of this Assignment.
4. This Assignment may be signed in counterparts with the same effect
as if the signature on each counterpart were upon the same instrument.
5. Assignee has executed this Assignment only in his capacity as
Trustee. No personal liability is assumed by nor shall be asserted or
enforceable against Xxxxxxx X. Xxxxxxxxxx, individually, resulting from his
execution of this Assignment, only in his capacity as Trustee and not
individually.
IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment
to be executed the date set forth above.
Signed in the presence of "ASSIGNOR"
two witnesses:
(1) /s/ Xxxxx Xxxxxxxxx
--------------------- /s/ Xxxxxxx X. Xxxxxxxxxx
Xxxxx Xxxxxxxxx ---------------------------
------------------------- Xxxxxxx X. Xxxxxxxxxx,
(Print name signed above) as Trustee
(2) /s/ Xxxxxxx X. Xxxxxx
-------------------------
Xxxxxxx X. Xxxxxx
-------------------------
(Print name signed above)
"ASSIGNEE"
(1) /s/ Xxxxx Xxxxxxxxx
--------------------- SOUTHERN LAND INVESTORS, LTD.,
Xxxxx Xxxxxxxxx a Florida limited partnership
-------------------------
(Print name signed above)
(2) /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxxxx
------------------------- ------------------------------
Xxxxxxx X. Xxxxxx As its: President
------------------------- Xxxxxxx X. Xxxxxxxxxx
(Print name signed above) ---------------------------------
(Print name signed above)
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 22nd day of
October, 1996, by Xxxxxxx X. Xxxxxxxxxx, as Trustee. He is personally known to
me or has produced ___________ as __________identification.
(affix notarial seal) /s/ Xxxxxx X. Xxxxxxxx
-------------------------------
(Official Notary Signature)
Notary Public--State of Florida
Xxxxxx X. Xxxxxxxx
-------------------------------
My commission expires: (Printed, Typed or Stamped Name
of Notary)
Commission Number:
STATE OF FLORIDA
COUNTY OF ORANGE
Execution of the foregoing instrument was acknowledged before me this
22nd day of October 1996, by Xxxxxxx X. Xxxxxxxxxx, as President, of Southern
Land Company, a Florida corporation, as general partner of Southern Land
Investors, Ltd., a Florida limited partnership, on behalf of the partnership
and the corporation. He is either personally known to me or has produced ______
as identification.
/s/ Xxxxxx X. Xxxxxxxx
---------------------------------
Notary Public
(AFFIX NOTARIAL SEAL) (Name) Xxxxxx X. Xxxxxxxx
Commission No.__________ My Commission Expires:
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THE MORTGAGED PROPERTY
That part of Sections 8 and 9, Township 23 South, Range 29 East, Orange
County, Florida, described as follows:
Commence at the Southeast corner of Section 0, Xxxxxxxx 00 Xxxxx, Xxxxx 29
East, and run N 89 degrees 43'15" W along the South line of the Southeast 1/4
of said Section 8 for a distance of 326.02 feet; thence run N 00 degrees
24'40" E along the West line of the East 1/4 of the Southeast 1/4 of the
Southeast 1/4 of said Section 8 for a distance of 33.00 feet to the POINT OF
BEGINNING; thence run N 89 degrees 43'l5" W parallel with and 33.00 feet
Northerly of the South line of said Southeast 1/4 for a distance of 1672.67
feet to the Easterly Right-of-Way line of Interstate 4; thence run N 38
degrees 26'05" E along said Right-of-Way line for a distance of 3330.25 feet
to the South line of the Northwest 1/4 of said Section 9; thence run S 89
degrees 42'01" E along said line for a distance of 158.92 feet; thence run
S 38 degrees 26'05" W parallel with and 125.00 feet Southeasterly of said
Right-of-Way line for a distance of 815.50 feet to the North line of the
South 684.91 feet of the Northeast 1/4 of the Southeast 1/4 of said Section
8; thence run S 89 degrees 47'51" E along said North line for a distance of
293.40 feet to the East line of the Southeast 1/4 of said Section 8; thence
run S 89 degrees 37'49" E along the North line of the South 684.91 feet of the
Northwest 1/4 of the Southwest 1/4 of said Section 9 for a distance of 94.54
feet; thence run S 00 degrees 29'15" W along the East line of the West 94.54
feet of the Northwest 1/4 of the Southwest 1/4 of said Section 9 for a
distance of 706.92 feet; thence run N 89 degrees 37'49" W along the South
line of the North 22.00 feet of the Southeast 1/4 of the Southeast 1/4 of
said Section 9 for a distance of 94.54 feet to the East line of the
Southeast 1/4 of said Section 8; thence run N 89 degrees 47'51" W along the
South line of the North 22.00 feet of the East 1/4 of the Southeast 1/4 of
the Southeast 1/4 of said Section 8 for a distance of 262.75 feet; thence run
S 00 degrees 24'40" W along the East line of the West 65.00 feet of the East
1/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 8 for a
distance of 690.51 feet; thence run N 89 degrees 43'15" W along the North
line of the South 613.00 feet of the Southeast 1/4 of the Southeast 1/4 of
said Section 8 for a distance of 65.00 feet; thence run S 00 degrees 24'40" W
along the West line of the East 1/4 of the Southeast 1/4 of the Southeast 1/4
of said Section 8 for a distance of 580.00 feet to the POINT OF BEGINNING.
Containing 51.003 acres more or less and being subject to any rights-of-way,
restrictions and easements of record.
TOGETHER WITH THE EASEMENT RIGHTS DESCRIBED IN THE FOLLOWING DESCRIBED
DOCUMENTS:
1. That certain Holden Avenue Extension, Declaration of Road
Easements, Covenants and Conditions, dated September 24, 1991 and recorded in
Official Records Book 4328, at Page 4655, of the Public Records of Orange
County, Florida; as amended by that certain
EXHIBIT "A"
Page 1 of 2
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THE MORTGAGED PROPERTY
Holden Avenue Extension Amendment to Declaration of Road Easements, Covenants
and Conditions, dated November 19, 1991 and recorded in Official Records Book
4349, at Page 3994, of the Public Records of Orange County, Florida
(collectively "Holden Avenue Extension Agreement");
2. That certain Declaration of Road Easements, Covenants and
Conditions, dated November 19, 1991 and recorded in Official Records Book 4349,
at Page 4037, of the Public Records of Orange Florida the "Access Road Easement
Agreement"), and
3. That certain Grant of Air Rights Easement dated October 21, 1996 by
Orlando Utilities Commission and the City of Orlando in favor of Southern Land
Investors, Ltd., and recorded simultaneously herewith (the "Air Rights Easement
Agreement) over the following described property:
That part of the Northwest 1/4 of Section 9, Township 23 South,
Range 29 East, Orange County, Florida, described as follows:
Commence at the Southwest corner of the Northwest 1/4 of said
Section 9 and run N 89 degrees 22'01" E along the South line of said Northwest
1/4 for a distance of 49.40 feet to the Easterly Right-of-Way line of
Interstate 4 and the POINT OF BEGINNING; thence continue N 89 degrees 22'01" E
along said South line for a distance of 9000 feet thence run N 00 degrees
37'59" W for a distance of 114.66 feet to said Easterly Right-of-Way line;
thence run S 37 degrees 29'43" W along said Right-of-Way line for a distance of
145.77 feet to the POINT OF BEGINNING.
EXHIBIT "A"
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