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13.13-19.
2011- loco
SELLER'S AFFIDAVIT
ACLT File No. 41078318
State of Florida
County of Indian River
Before me, the undersigned authority, duly authorized to administer oaths, this day personally appeared
Wayne R. Coment , who, after first being duly sworn on oath, by me, deposes and says that:
1. Affiant is the Acting City Attorney, The City of Vero Beach, a municipal corporation of the State of Florida, and
that in said capacity, affiant can say that said The City of Vero Beach, a municipal corporation of the State of Florida
is the owner of the following described land, to wit:
Portion of Dodgertown Parcel 3-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
887.01 feet; thence South 89° 45' 39" East for a distance of 50.00 feet to a point on the
East right-of-way of Ord Avenue, said point also being the Northwest corner of
Dodgertown Parcel 3A as described in Official Records Book 1961, at Page 968, of the
Public Records of Indian River County, Florida; thence South 89° 45'39" East along
the North line of said Parcel 3A for a distance of 345.39 feet; thence South 00° 14' 21"
West for a distance of 85.00 feet to a point on the North line of said Parcel 3A; thence
continue South 89° 45' 39" East along the North line of said Parcel 3A for a distance
of 437.69 feet to the Point of Beginning; thence from said Point of Beginning continue
South 89° 45' 39" East along the North line of said Parcel 3A for a distance of 468.25
feet to the Northeast corner of Parcel 3A; thence run South 63° 53' 04" East for a
distance of 326.67 feet to a point on the East line of Dodgertown Parcel 3A; thence
South 18° 15' 41" East along said East line of Parcel 3A for a distance of 386.49 feet
to the Southeast corner of said Parcel 3A; thence South 69° 22' S3" West for a distance
of 898.97 feet; thence North 02° 50' 58" West for a distance of 830.37 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 Indian River County, a political subdivision 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
[F:\Actc\report\41078318.AF F]
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
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 The City of Vero Beach, a municipal corporation 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 The City of Vero Beach, a municipal corporation 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 The City of Vero
Beach, a municipal corporation 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 Indian River County, a political
subdivision of the State of Florida to purchase said land from affiant; and to induce Atlantic Coastal Land Title
Company, LLC, to insure the title to said land; and further the undersigned, on behalf of the said The City of Vero
Beach, a municipal corporation of the State of Florida agrees to pay on demand to the purchaser herein identified,
or to said purchaser's successors and/or assigns; and/or to Atlantic Coastal Land Title Company, LLC, 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 The City of Vero Beach, a municipal
corporation of the State of Florida, known by The City of Vero Beach, a municipal corporation 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.)
[F:\Actc\report\41078318.AFF]
Seller:
The City of Vero Beach, a municipal
corporation of the State of Florida
By: o
Wayne R C ment, Acting City Attorney
7-w-1—
Sworn to and subscribed before me this,;��day of'3W, 2011, by Wayne R. Coment; who was personally
known to me or provided identification of sufficient character to establish identify with rea able degree
of certainty.
Type of identification provided (Check One):
[ J Driver's License
[ ] Passport
[ ] Government (State or Federal) ID Card
[ ] Resident Alien ID Card
[ ] Other
[F:\Actc\report\41078318.AFF]
Notary Public
ow CAROL A. QMM
MY COMMISSION M DD 782b82
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EXPIRES: June 28, 2012
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