HomeMy WebLinkAbout2010 - Environmental Affidavit ENVIRONMENTAL AFFIDAVIT
(TRUSTEE)
Herbert V. Morrison, Successor Trustee of the Henry J. Dabrowski Irrevocable Trust Under Revocable Living Trust
Agreement dated July 17,2007("Seller"),being first duly sworn,deposes and says that Seller makes these representations to the
CITY OF SEBASTIAN,a municipality within Indian River County,Florida("Purchaser") to the best of Seller's knowledge
and without a duty to investigate:
1. That Seller is the sole owner in fee simple and now in possession of the following described property together
with improvements located thereon located in Indian River County,Florida,to-wit:
See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the
"Property").
2. That Seller is conveying the Property to the CITY OF SEBASTIAN,a municipality within Indian River
County,Florida
3. For purposes of this Affidavit the term "Environmental Law" shall mean all federal, state and local laws,
including statutes,regulations,ordinances,codes,rules,judgments,orders,decrees,permits,concessions,grants,
franchises,licenses,agreements and other governmental restrictions relating to the protection of the environment
or human health, welfare or safety, or to the emission, discharge, seepage, release or threatened release of any
contaminant, chemical, waste, irritant, petroleum product, waste product, radioactive material, flammable or
corrosive substance, explosive, polychlorinated biphenyl, asbestos, hazardous or toxic substance, material or
waste of any kind into the environment, including, without limitation,ambient air, surface water,ground water,
or land, including, but not limited to, the Federal Solid Waste Disposal Act, the Federal CIean Air Act, the
Federal Clean Water Act, the Federal Resource and Conservation and Recovery Act of 1976, the Federal
Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund
Amendments and Reauthorization Act of 1986, Chapters 161,253, 373,376 and 403,Florida Statutes,Rules of
the U. S. Environmental Protection Agency, Rules of the Florida Department of Environmental Protection, and
the rules of the Florida water management districts now or at any time hereafter in effect. For purposes of this
affidavit the term "Hazardous Materials" shall mean any contaminant, chemical, waste, irritant, petroleum
product, waste product, radioactive material, flammable or corrosive substance, explosive, poly-chlorinated
biphenyls,asbestos,hazardous or toxic substance,material or waste of any kind,or any other substance which is
regulated by any Environmental Law.
4. As of the date of Seller's conveyance of the Property to the CITY OF SEBASTIAN,a municipality within
Indian River County,Florida,Seller warrants and represents to Purchaser,its successors and assigns that:
(i) Seller has not placed, or permitted to be placed, any Hazardous Materials on the Property and no
other person or entity has placed,or permitted to be placed,any Hazardous Materials on the Property.
(ii) There does not exist on the Property any condition or circumstance which requires or may,in the
future, require cleanup,removal or other remedial action or other response under Environmental Laws on the part of Seller or a
subsequent owner of all or any portion of the Property or which would subject Seller or a subsequent owner of all or any portion of
the Property to liability,penalties,damages or injunctive relief.
(iii) No underground treatment,buried,partially buried or above ground storage tanks,storage vessels,
sumps,drums,containers,water,gas or oil wells,or landfills are or have ever been located on the Property.
(iv) Seller and any other person or entity that has owned, occupied or possessed the Property, has
never violated,and is presently in compliance with,all Environmental Laws applicable to the Property.
(v) No warning. notice, notice of violation, administrative complaint, judicial complaint or other
formal or informal notice has been issued by any federal, state or local environmental agency alleging that conditions on the
Property are in violation of any Environmental Law.
(vi) Seller is not subject to any judgment, decree, order or citation related to or arising out of
Environmental Laws, and Seller has not been named or listed as a potentially responsible party by any governmental body or
agency in a matter arising under any Environmental Law.
5. That Seller makes this Affidavit for the purpose of inducing Purchaser to purchase the Property, and Seller
acknowledges that Purchaser will rely upon the representations and warranties set forth in this Affidavit.
Herbert V. Morrison, Successor Trustee of the Henry J.
Dabrowski Irrevocable Trust Under Revocable Living
Trust Agreement dated July 17,2007
STATE OF in/C-APP")
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SWORN TO and subscribed before me this 9e-PA day of<-7-1.(11 '>.- , 2010,by Herbert V. Morrison, Successor
Trustee of the Henry J.Dabrowski Irrevocable Trust Under Revocable Living Trust Agreement dated July 17,2007. Such
person(Notary Public must check applicable box):
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EXHIBIT "A"
LEGAL DESCRIPTION UPLAND PARCEL
THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2,
PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
MIDDLETON'S SUBDIVISION AND THE EAST RIGHT-OF-WAY LINE OF
INDIAN RIVER DRIVE (BEING A POINT 37.15 FEET DUE EAST OF THE
CENTERLINE OF INDIAN RIVER DRIVE), THE POINT OF BEGINNING;
THENCE NORTHERLY 118°41'37" ALONG THE EAST RIGHT-OF-WAY LINE
OF INDIAN RIVER DRIVE, A DISTANCE OF 184.75 FEET MORE OR LESS TO
A CONCRETE MONUMENT MARKED "X"; THENCE RUN EAST 10° NORTH
OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER; THENCE
SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A
POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF
MIDDLETON'S SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN
RIVER; THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF
GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST.
TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS,
SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO
THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME
APPERTAIN TO THE PROPERTY ABOVE DESCRIBED.
SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD,
IF ANY.