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ENVIRONMENTAL CONSULTANT'S AFFIDAVIT <br />STATE OF FLORIDA <br />COUNTY OF INDIAN RIVER <br />Before me this day, personally appeared George Kulczycki ("Affiant") who, after being first duly <br />sworn, deposed and stated as follows: <br />1. Affiant is an Environmental Consultant, owner and President of GK Environmental, Inc. <br />2. . Affiant was engaged to flag the estuarine wetlandsfor the purposes of re -zoning the Lier <br />Property at the corner of County Road 510 and its intersection with the Indian River Lagoon. <br />3. Affiant flagged the estuarine wetlands and delivered his field notes to Carter & <br />Associates, Inc. <br />4. There was an apparent misinterpretation of Affiant's field notes and field flagging <br />regarding the location of the CON -2 area within the Northwest corner of the Lier Property. The survey is <br />in error, and there should be no CON -2 zoning landward of the bulkhead line in this area. The wetland <br />line/CON-2 line runs along the shoreline and bulkhead in this area,,as reflected in Affiant's previously <br />submitted field notes. Affiant did not receive a copy of the surveyed CON -2 line following Affiant's <br />field work and was not aware of this apparent error in the survey. In addition, Affiant met with St. <br />- John's -Rives Water Management District representatives onsite and they verified the wetland line in this <br />area as previously flagged by Affiant along the shoreline/bulkhead line. <br />5. As a result of the foregoing misinterpretation of field notes, and the resulting erroneous <br />survey, the legal description for Conservation Parcel "A," as adopted by Indian River County in <br />Ordinance Number 2005-003 is incorrect, and describes property which are not in fact estuarine wetlands <br />and -are -not appropriately zoned CON -2. <br />Further Affiant sayeth naught. <br />Dated this '2.g day of April, 2005. <br />The forego! g instrument was acknowledged bef re me this 2R day of April, 2005 by George <br />Kulczycki, who is Ni personally known to me or (] who has roduced <br />as identification. <br />(Notary Seal) <br />ibisbaddlharsidibasidbassiat <br />BRUCE BARKETT <br />'f�:iLc% Notary Public - State of Florida <br />• My Commission Expires Mar 24, 2009 <br />• <br />Commission # D0 411024 <br />Bonded By National Notary Assn. <br />Signature of Notary <br />Print Name of Notary <br />Notary Public, State of Florida <br />