AFFIDAVIT REGARDING PRIVATE ROAD EASEMENT
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INST # \8-292095
SPT 10, 1888 12: 50PM
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PINELLAS COUNTY FLA
OFF.REC,BK 10233 PG 2363
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AFFIDAVIT REGARDING PRIVATE ROAD EASEMENT
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PL'.! ----.---BTATE OF FLORIDA
TOT/dj5- COUNTY OF PINELLAS
~ BEF~E, the undersigned authority, personally appeared ~L
~ (the "Affiant"), who being first duly sworn did depose and state:
1.
Affiant has personal knowledge of all matters set forth in this affidavit.
2.
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Affiant is employed by the City of Clearwater, Florida as its ReAL &rA.~
3. The Community Redevelopment Agency of the City of Clearwater, Florida
a municipal corporation ("Owner") is the fee simple title holder to certain real property
(hereinafter i'Property") lying, being and situate in Pine lIas County, Florida, and being
more particularly described on Exhibit "A" attached hereto and made a part hereof by
this reference.
4. The tax records of the Pinellas County Property Appraiser show a certain
portion of the Property is affected by a private road easement, as shown and depicted
on the PinelIas County Property Appraiser's tax map, of that portion of the Property
lying within Lot 1 (LESS JANIE DANIELS SUBDIVISION) of the REVISED MAP OF
R.H. PADGETT'S SUBDIVISION, as filed in Plat Book 4, Page 32 of the Public
Records of Pinellas County, Florida (the "Private Road Easement").
5. To the Affiant's knowledge, the City of Clearwater has never received and
accepted a dedication of the Private Road Easement to public use for a road or street.
6. To the Affiant's knowledge the City of Clearwater has never granted the
Private Road Easement for public use for pedestrian or vehicular traffic.
7. The Private Road Easement is currently posted to indicate that it is a
private right-of-way.
8. The Affiant is unaware of any claims by any person or entity of any public
or private rights in the Private Road Easement, other than the rights and claims of the
Owner.
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9. The Mfiant is authorized and empowered by and on behalf of Owner to
HOLLAND & KNIGlIT, LLP
Attorneys at Law
P.O. BOX3S42 ST. PETERSBURG, FL33731.3S42
PHONE: (813) 896-7171
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PINELLRS COUNTY FLR.
OFF.REC.BK 10233 PG 2364
deliver this Affidavit.
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10. This Affidavit is made and given by Affiant with full knowledge of the
applicable Florida laws regarding perjury and sworn statements, and the penalties and
liabilities resulting from false statements and misrepresentations contained therein, and
is given to induce Commonwealth Land Title Insurance Company to issue its policy(ies)
of title insurance insuring title to the land described in EXHIBIT "A," without exception
or regard to the Private Road Easement.
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SWORN TO AND SUBSQ~IBED before me this ;l.3 ~ day of :rY.-~ '
1998, by C--AA (- ~ 11- , who is personally known to m~ or who has
produced N ,eq. , as identification.
FFICIAL ARY
NEVAMPAYNE
NCYrARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CCS05946
MY COMMISSION EXP. NOV. 15,1999
eN otary ea
. f~ <-:7/1 I ;/JcUfl-k- (;t/ ~ VI) ;'1. fJ /I Y;1/?J
NOTARY PUBLIC iN AND FOR THE
STATE OF FLORIDA
My commission expires: 11/t6/9f
STP-21 0867.3
9C493402 SlY 09-10-1998
01 AFF-BARRETT
RECORDING 1
TOTAL:
CHECK AtfT. TENDERED:
CHANGE :
11:44:22
$15.00
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$15.00
$15.00
$.00
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PI!LLRS COUNTY FLR.
OFF .REC.BK 10233 PG 2365
EXHIBIT "A"
($Ii:t....."-I to .Affidavit Regarding Private Road Ea........omt)
A portion of the following described tract: Lots 14 through 39, inclusive, of
CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99, of the Public Records
of Hillsborough County, Florida (of which Pinellas County was formerly a part); Lots
1 through 21, inclusive, of JANIE DANIEL'S SUBDIVISION as recorded in Plat Book
5, Page 23 of the Public Records of Pinellas County, Florida; Unsubdivided Lot 1 (less
that portion of said unsubdivided Lot 1, which has been resubdivided as JANIE
DANIEL'S SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of the Public Records
of Pinellas County, Florida; together with all vacated rights-of-way between the above
lots and subdivisions; LESS AND EXCEPT the existing rights-of-ways of record for
Cleveland Street and Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided Lot 5)
of the aforementioned Revised Map of RH. PADGETT'S SUBDIVISION as a Point of
Beginning, thence N89011'57"W along the Northerly line of Lots 2 through 13, Block
5 (also known as subdivided Lot 5) of said subdivision a distance of 603.22 feet to an
intersection with the Easterly right-of-way line of Madison Avenue; thence
NOoo01'44"W, along said Easterly right-of-way, (also being the Westerly boundary of
unsubdivided Lot 4 of the REVISED MAP OF RH. PADGETT'S SUBDIVISION, and
the Westerly boundary of Lots 4-9 of JANIE DANIEL'S SUBDIVISION as recorded in
Plat Book 5, Page 23 of the Public Records of Pinellas County, Florida) a distance of
662.65 feet to the Northwest corner of Lot 4 of said JANIE DANIEL'S SUBDIVISION;
thence S89013'41"E along the North boundary of said Lot 4 a distance of6.25 feet to
an intersection with the Southwest corner of Lot 36 of CLEARWATER HEIGHTS, as
recorded in Plat Book 4, Page 99 of the Public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part; thence NOoo01'44"W along the Westerly
boundary of said CLEARWATER HEIGHTS (being also the Easterly right-of-way line
of Madison Avenue) for a distance of 363.93 feet to an intersection with the Southerly
right-of-way of Cleveland Street; thence S89041'48"E along said right-of-way for a
distance of 602.06 feet to an intersection with the Westerly right-of-way of Missouri
Avenue (being 44 feet Westerly of the East line of the Northwest 1/4 of Section 15,
Township 29 South, Range 15 East); thence SOoo03'52"E along said Westerly right-of-
way, a distance of 1031.81 feet to an intersection with the Easterly projection of the
Northerly boundary of Lots 2 through 13, Block 5 (also known as subdivided Lot 5), of
said REVISED MAP OF R.H. PADGETT'S SUBDIVISION, thence N89011'57"W along
said projection 5.80 feet to the Point of Beginning.
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