HomeMy WebLinkAbout2010 - Environmental Affidavit ENVIRONMENTAL AFFIDAVIT
STATE OF FLORIDA
COUNTY OF BROWARD
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 . That Sellers are the sole owners 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")
3 . That Sellers are this day (the "Closing Date") conveying the Property to City
of Sebastian, a Florida municipal corporation, hereinafter referred to as the
"Purchaser" .
4. For purposes of this Affidavit the term "Environmental Law" shall mean any and
all federal, state and local statutes, laws, regulations, ordinances, rules,
judgments, orders, decrees, permits, concessions, grants, franchises, licenses,
agreements or 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 Hazardous Materials (as hereinafter
defined) into the environment including, without limitation, ambient air, surface
water, ground water, or land, or otherwise relating to the handling of such Hazardous
Materials. 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.
5. As of the Closing Date, Sellers warrant and represent to Purchaser, its
successors and assigns that:
(i) Sellers have not placed, or permitted to be placed, any Hazardous
Materials on the Property, and, to the best of Sellers' knowledge, no other person or
entity has placed, or permitted to be placed, any Hazardous Materials on the
Property.
(ii) To the best of Sellers' knowledge, 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 Sellers or a subsequent owner of all or any portion of the Property or which
would subject Sellers or a subsequent owner of all or any portion of the Property to
liability, penalties, damages or injunctive relief.
(iii) To the best of Sellers' knowledge, 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) Sellers, and to the best of Sellers' knowledge, 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) Sellers are not subject to any judgment, decree, order or citation
related to or arising out of Environmental Laws, and Sellers have not been named or
listed as a potentially responsible party by any governmental body or agency in a
matter arising under any Environmental Law.
6. That Affiant makes this Affidavit on behalf of Sellers for the purpose of
inducing Purchaser to purchase the Property, and Sellers acknowledge that Purchaser
will rely upon the representations and warranties set forth in this Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
7•1
NORBE• KREYER
STATE OF FLORIDA)
COUNTY OF BROWARD)
The foregoing instrument was • n to and s •scri•-• • • • e me this /S day
of June, 2010, by NORBERT KREYER, •• ' •- sonajly knob n to me • ho has
produced - as
identification.
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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