HomeMy WebLinkAbout2011-106KSELLER'S AFFIDAVIT
State of Florida
County of Indian River
Before me, the undersigned authority, duly authorized to administer oaths, this day personally appeared
William DeBraal, who, after first being duly sworn on oath, by me, deposes and says that:
1. Affiant is the Deputy County Attorney for Indian River County, a political subdivision of the State of Florida,
and in said capacity, affiant can say that said Indian River County, a political subdivision of the State of Florida is
the owner of the following described land, to wit:
Portions of Dodgertown and Dodgertown Parcel l -A, situated in the State of Florida,
County of Indian River, City of Vero Beach, and being part of Section 3, Township 33
South, Range 39 East, and being more particularly described as follows:
Commencing at the Northwest corner of Section 3, Township 33 South, Range 39 East;
thence South 00° 00' 47" West along the West line of said Section 3 for a distance of
30.00 feet; thence South 89° 45' 39" East and parallel with the North line of said
Section 3 for a distance of 75.00 feet to a point on the South right-of-way of the Indian
River Farms Water Control District Canal A-3; thence continue South 89° 45' 39"
East along the South right-of-way for a distance of 288.78 feet to the Northwest corner
of Dodgertown Parcel 2A (also known as "A Portion of Dodgertown Parcel 2") in
Official Records Book 1758, at Page 523, of the Public Records of Indian River
County, Florida), said point also being the Point of Beginning. Thence from the Point
of Beginning continue South 89° 45' 39" East along said South right-of-way for a
distance of 506.21 feet; thence South 03° 32' 37" West for a distance of 582.12 feet;
thence run South 00° 14' 21" West for a distance of 360.85 feet to a point on the South
line of Dodgertown Parcel 2A; thence North 89° 45' 39" West along said South line of
Parcel 2A for a distance of 437.69 feet to the Southwest corner of said Parcel 2A;
thence North 00° 14' 21" East for a distance of 85.00 feet; thence North 89° 45' 39"
West for a distance of 35.00 feet; thence North 00° 14' 21" East along the West line of
said Parcel 2A fora distance of 857.00 feet to the Point of Beginning.
2. And, that said land is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description
whatsoever (including any Federal Internal Revenue Service or Florida Department of Revenue liens or warrants for
unpaid taxes of any nature), except for any mortgage described in the deed of conveyance given simultaneous herewith
naming The City of Vero Beach, a municipality of the State of Florida, as grantee therein; which mortgage the said
grantee has agreed to assume; and except for ad valorem or other real property taxes for the calendar year in which this
affidavit is dated; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; and
3. That there have been no improvements, alterations, or repairs to said land or any improvements situate thereon, within
the most recent ninety (90) days for which the cost thereof has not been fully paid; and that there are no unpaid claims
for labor or material furnished for repairing or improving same which remain unpaid; and
4. That any condominium or homeowner's association regular or special assessments, if any are applicable, currently
due and owing, have been paid; and
5. That any personal property situate upon subject land that is being conveyed appurtenant to the land is free and clear
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of all liens, encumbrances, claims and demands of all kinds whatsoever (including unpaid time payment contracts for
the purchase or replacement of built-in appliances or fixtures, plumbing, air conditioners, radio or television antennas,
carpeting, lawn sprinkling systems, swimming pools, window or door coverings, fences, or any other such furnishings,
equipment or property); and
6. That Indian River County, a political subdivision of the State of Florida has complied in all respects with the
Florida Sales and/or Intangible Personal Property Tax Laws with respect to any buildings or personal property situate
upon said land, if applicable; and
7. That there are no parties in possession of the premises described herein as a tenant or possessory claimant of any kind
or nature; and that there are no outstanding contracts for the sale of the lands described herein to any person or persons
whomsoever; nor are there any unrecorded deeds, mortgages, or other conveyances affecting title to said land; and
8. That Indian River County, a political subdivision of the State of Florida, is organized under the laws of the United
States of America (or a State or Territory thereof);
9. That all payable real property taxes have been paid relative to the land that is the subject of this affidavit; and that
there are no unpaid (but payable) taxes for the current or prior tax years; and that affiant has received no notice of any
pending assessment for municipal, county, or special taxing district improvement such as water, sewer, or road projects
that would affect the lands described hereinabove, that have not been paid for, or otherwise specifically revealed to the
purchaser, and accepted by said purchaser as a lien, liability for payment of which has been specifically agreed to by
purchaser; and
10. That no proceedings in bankruptcy or receivership have been instituted by or against the said Indian River County,
a political subdivision of the State of Florida; nor is there any pending litigation or dispute of any kind that might result
in a judgment or other lien that would affect title to subject land; and
11. That affiant is familiar with the nature of an oath and with the penalties as provided by the laws of the State of
Florida for falsely swearing to statements made in an instrument of this nature; and that this affidavit has been read by
affiant, or read to affiant, and that its content is fully understood, and that all statements made herein are made as
statements of fact; and that this affidavit is made for the specific purpose of inducing The City of Vero Beach, a
municipality of the State of Florida to purchase said land from affiant; and further the undersigned, on behalf of Indian
River County, a political subdivision of the State of Florida said agrees to pay on demand to the purchaser herein
identified, or to said purchaser's successors and/or assigns; all amounts secured by any and all liens or encumbrances not
revealed herein, together with all costs, loss and reasonable attorney's fees, including attorney's fees expended in
enforcement of the provisions of this paragraph, that said party may incur in connection with any such unrevealed liens,
provided said liens either currently apply to such property, or a part thereof, or are subsequently established against said
property and are created by Indian River County, a political subdivision of the State of Florida, known by Indian
River County, a political subdivision of the State of Florida, or have an inception date prior to the consummation of
the transaction upon which this affidavit is given.
(Wherever used herein, the term "affiant" shall include singular and plural, singular and collective;
all references to the singular shall include the plural; and the present tense shall include the past;
wherever the context so admits or requires.)
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Seller:
Indian River County, a political subdivision
of the State of Florida
By:
A" �w
William DeBraal, Deputy County Attorney
Sworn to and subscribed before me this �� day ofy, 2011, by William DeBraal; who was personally
known to me or provided identification of sufficient character to esta blish }den t wit asonable degree
of certainty.
l
Notary P lic
Type of identification provided (Check One): ` --
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[ ] Resident Alien ID Card Commission 0 EE 38188
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