HomeMy WebLinkAbout2010 - Title, Possession & Lien Affidavit - Dancu TITLE, POSSESSION & LIEN AFFIDAVIT
STATE OF FLORIDA
COUNTY OF BROWAD
BEFORE ME, the undersigned authority, personally appeared NORBERT KREYER, who being by
me first duly sworn, deposes and states:
1. Affiant is the President of Condor Enterprises of Palm Beach, Inc. , a Florida
corporation, the general partner of SEBASTIAN HARBOUR LTD. , a Florida limited
partnership ("Seller No. 1") ; and Affiant is the President of DANCU HOLDING, INC. , a
Florida corporation ("Seller No. 2") (collectively, the "Sellers" .
2 . Sellers make these representations to Florida Communities Trust, a nonregulatory agency
within the Department of Community Affairs, and Ciy of Sebastian, ("Purchaser") and to
Old Republic National Title Insurance Company ("title insurer") to induce Purchaser to
purchase and title insurer to insure title to that certain property described below,
and Sellers further state:
3. Sellers are the sole owners in fee simple and now in possession of the real property
together with the improvements located thereon (hereinafter the "Property") described
as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof.
4. The Property is free and clear of all liens, taxes, encumbrances and claims of every
kind, nature and description whatsoever, except for easements, restrictions, or other
title matters listed in the schedule of exceptions in the title insurance commitment
proposing to insure the fee simple interest to be received by Purchaser.
5. There are no matters pending against the Sellers that could give rise to a lien that
would attach to the Property or cause a loss of title or impair the title between the
last title insurance commitment effective date, and the recording of the fee simple
interest to be insured, and the Sellers have not and will not execute any instrument
that would adversely affect the fee simple title or interest to be insured.
6. Sellers have undisputed possession of the Property; there is no other person or entity
in possession or who has any possessory right in the Property; and Sellers know of no
defects in the Property title.
7. No "Notice of Commencement" has been recorded which pertains to the property since the
last title insurance commitment effective date, there are no unrecorded laborer's,
mechanic's or materialmen's liens against the Property, and no material has been
furnished to the Property for which payment has not been paid in full.
8 . Within the past 90 days there have been no improvements, alterations, or repairs to the
Property for which the costs thereof remain unpaid, and that within the past 90 days
there have been no claims for labor or material furnished for repairing or improving
the same, which remain unpaid.
9. There are not due, or to come due, unpaid bills, liens or assessments for mowing,
water, sanitary sewers, paving or other public utilities, or improvements made by any
governmental authority. Should any bill be found which relates to the period of
Sellers' possession, Sellers will pay such bill upon demand. No notice has been
received of any public hearing regarding future or pending zoning changes, or
assessments for improvements by any governmental authority.
10. There are no unrecorded deeds, agreements for deed, judgments, liens, mortgages,
easements or rights of way for users, or adverse interests with respect to the
Property.
11. If this is improved property that Seller is the owner of, there are no claims, liens or
security interests whatsoever of any kind or description against the furniture,
fixtures, equipment and personal property located in the improvements on the Property
and sold as part of this transaction. All tangible personal property taxes are paid in
full.
10. There are no existing contracts for sale affecting the Property.
•
12. There is no civil action pending which involves the Property in any way.
13. There are no federal tax claims, liens or penalties assessed against the Sellers either
individually or in any other capacity.
14. No proceedings in bankruptcy have ever been brought by or against Sellers, nor has an
assignment for the benefit of creditors been made at anytime, nor is there now in
effect any assignment of rents of the Property or any part thereof.
15. The real estate taxes will be paid to the date of closing pursuant to Section 196.295,
Florida Statutes.
16. That Seller is not a "foreign entity" (as such term is defined in Section 1445 of the
Internal Revenue Code of the United States and its related Income Tax Regulations) ;
that its F.E.I.D. Numbers are: Sebastian Harbour, Ltd. - 592358576; Dancu Holding,
Inc. - 650670399; that Sellers understand that the certification made in this Paragraph
may be disclosed to the Internal Revenue Service by the Purchaser; that any false
statement contained in this Paragraph could be punished by fine, imprisonment, or both;
and that the information contained in this Paragraph is true and correct and as
provided under penalties of perjury.
17. Sellers have no knowledge as to any hazardous substances (as defined by any federal,
state or local statute, law, ordinance, code, rule, regulation, order or decree)
present on the Property. There has been no production, placement, disposal, storage,
release or discharge on or from the Property of any hazardous substances, and there are
no buried, partially buried, or above-ground tanks, storage vessels, drums or
containers located on the Property. Sellers have received no warning notices, notices
of violation, administrative complaints, judicial complaints or other formal or
informal notices from any governmental agency alleging that conditions on the Property
are in violation of environmental laws, regulations, ordinances or rules.
18. This Affidavit is executed in duplicate, each of which shall be considered an original,
with one original to be delivered to the Purchaser and one original to be delivered to
the title insurer.
THIS AF IDAVIT is made pursuant to Section 627.7842, Florida Statutes, for the purpose of
induc' the Purchaser to close and the title insure, to insure the title to the Property and
to d's'-urs- •roceeds of the sale. Seller '''Ite 4 . for Purchaser and the title insurer to
rely •.n - •resentations.
(Wi'ness-=i•' at a NORBER KREYER
P. 'nt .me: f yL0(_/Ar/
4111111 _
ness-signa . -
•rint Name: /
STATE OF FLORIDA)
COUNTY OF BROWARD)
The foregoing instrument wa- - - - - Al. :- 'bed before me this / S day of
May, 2010, by NORBERT KREYER , - •- =•e.ii _ • ,nown •jlm, or who has produced
r' as identification.
No'ary :lic
Pint = e:
y Co fission expires:
,;; Py4% DANIEL P.J.O'CONNOR
MY COMMISSION#DD 739934
EXPIRES:February 6 2012
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EXHIBIT A
Lots 1,2 and 3,Block 2,Middleton's Subdivision of City of Sebastian,according to the map or plat thereof as
recorded in Plat Book 2,Page 56,Public Records of Indian River County,Florida.
Property Appraiser's Account Nos: 217310,217320&217330.
TOGETHER WITH
From a point of beginning at the intersection of the South line of Government Lot 2,of Section 31,Township
30 South,Range 39 East,Indian River County,Florida, and the Mean High Water Mark of the West bank of
Indian River,run West along said South line of Governmental Lot 2 a distance of 80.05 feet,more or less,to
the East right-of-way of Old U.S.Highway No. 1, said right-of-way being 66 feet in width;thence run North
25°22'West along said East right-of-way line a distance of 71.45 feet;then run East,parallel to the South line
of said Governmental Lot 2,a distance of 94.89 feet;thence run North 70°45'East a distance of 132.03 feet to
the established bulkhead line; thence run South 25°22'East along said bulkhead line a distance of 66.43 feet;
thence run South 70°45' West a distance of 145.50 feet to the point of beginning on the Mean High Water
Line of Indian River and on the South line of said Government Lot 2;
Property Appraiser's Account No.707140
AND ALSO all of that part of Lot 1,Block 1,MIDDLETON'S SUBDIVISION OF CITY OF SEBASTIAN,
according to plat thereof recorded in Plat Book 2, Page 56, Public Records of Indian River County, Florida
lying East of Indian River Drive(Old U.S.Hwy#1)and described as follows:
From a point beginning at the Mean High Water line of the West shore of the Indian River on the Township
Line between Township 30 South and Township 31 South, run West along said Township line(same being
the North line of said Lot 1, Block 1, MIDDLETON'S SUBDIVISION OF CITY OF SEBASTIAN, a
distance of 80.05 feet more or less,to the East right-of-way of Indian River Drive(Old U.S.Highway No. 1)
said right-of-way being 66 feet in width;thence run South 25°22'East along said East right-of-way a distance
of 90 feet;thence run North 80°00'00"East a distance of 113 feet more or less to the Mean High Water Line
of the Indian River; thence meander the Mean High Water Line in a Northwesterly direction to the point of
beginning.
Property Appraiser's Account No.217290