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HomeMy WebLinkAbout2010 - Title, Possession & Lien Affidavit I , TITLE,POSSESSION&LIEN AFFIDAVIT (TRUSTEE) Herbert V. Morrison, as Successor Trustee of the Henry J. Dabrow'ski 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 best of Seller's knowledge and without a duty to investigate to the CITY OF SEBASTIAN, a municipality within Indian River County, Florida ("Purchaser"), American Government Services Corporation, and Commonwealth Land Title Insurance Company(collectively, "title insurer"), to induce Purchaser to purchase and title insurer to insure the fee simple title to that certain real property described below: 1. Seller is the sole owner in fee simple and now in possession of the real property together with the improvements located thereon described as follows: See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the "Property"). 2. The Property is free and clear of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever,except for taxes, easements,restrictions, or other title matters listed in the schedule of exceptions in the title insurance policy to insure the fee simple title to the Property to be received by Purchaser in this transaction pursuant to the title commitment issued in this transaction. 3. There are no matters pending against the Seller 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 title to be insured, and the Seller has not and will not execute any instrument that would adversely affect the fee simple title to be insured. 4. Seller has undisputed possession of the Property; there is no other person or entity in possession or who has any possessory right in the Property; except for fishermen and Seller knows of no defects in the fee simple title to the Property. 5. 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. 6. 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. 7. 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 Seller's possession, Seller 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. 8. 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. 9. 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. 10. There are no existing contracts for sale affecting the Property except for the contract between Seller and Purchaser. 1 I. Seller resides at 28826 Ramblewood Drive,Farmington Hills,MI 48334. 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 Seller.. 14. No proceedings in bankruptcy have ever been brought by or against Seller 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 "non-resident alien" for the purposes of United States income taxation, nor is Seller a "foreign person" (as such term is defined in Section 1445 of the Internal Revenue Code of the United States and its related Income • Tax Regulations); that Seller's Trust Federal Identification Number is 26-6454787. Seller understands 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. Seller has 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. Seller has 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 AFFIDAVIT is made pursuant to Section 627.7842,Florida Statutes, for the purpose of inducing the Purchaser to close and the title insurer to insure the fee simple title to the Property and to disburse the proceeds of the sale. Seller intends for Purchaser and the title insurer to rely on these representations. Herbert V. Morrison, Successor Trustee of the Henry J. Dabrowski Irrevocable Trust Under Revocable Living Trust Agreement dated July 17,2007 STATE OF frnG_/___ COUNTY OF SWORN TO and subscribed before me ,ZPI day of ti 1'1 e_ , 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): [ ] is personally known to me. ' produced their current driver license. [ ] produced as as is-ntificatio wawa'SimML411■• (NOTARY PUBLIC SEAL) 1 otary'ublic I (Printed,Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: .''i' ^t11 M. GOMEZ €`^,7",1%PUi3I C,STATE OF t,.41 COUNTY OF WAY 1.^`'"" 1ONEXP1R Sltvdl$,�J'i:t 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.