JOSEPH R MCFATE II
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AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me, the undersigned authority, personally appeared JOSEPH R. MCFATE II
("Affiant"), who after being first duly sworn, deposes and says:
1. I was employed by the City of Clearwater, Florida (the "City"), as
the Director of the department of the City then known as the Department of
Planning and Urban Development during the years 1983, 1984, 1985 and 1986.
2. In my capacity as the Director of the Department of Planning and
Urban Development, I participated in the negotiations for, and the drafting of,
severa 1 of the instruments by wh i ch the property now known as the Sun Bank
Building or the Atrium at Clearwater Square Building, including the Park Street
Garage, was acquired and developed. Those instruments included the Development
Agreement dated July 14, 1983, and the Lease Agreement Covering Parking
Facilities Adjacent to Clearwater Square (the "Lease") dated August 28, 1986.
3. The Lease was intended to be a lease of the first two floors of the
garage by the Community Redevelopment Agency of the City of Clearwater (the
"CRA") to the City. The top two floors of the garage, and the ramp leading from
the second floor to the third floor of the garage, had been conveyed by the CRA
to J.K. Financial-Clearwater Square, Inc., a Florida corporation, by deed dated
July 10, 1986, which deed conveyed the air space containing the top two floors
and the ramp as constructed. The top two floors and the ramp were not intended
to be included in the Lease. The first two floors were referred to in the Lease
as the "Leased Premises" and were to be described in Exhibit A to the Lease.
4. I am advised that Exhibit A to the Lease appears to be not attached
to the original of the Lease or to any of the official copies in the possession
of the City. I have examined the description of property which is attached to
this Affidavit as Exhibits A and B. The property described in Exhibit A is the
"footprint" of the garage and the air space containing the lower two floors of
the garage, excluding the top two floors of the garage and the ramp leading from
the second to the third floor of the garage, described in Exhibit B. I find that
the property described in Exhibit A, less the property described in Exhibit B,
is the property which should have been described in Exhibit A to the Lease.
FURTHER AFFIANT SAYETH NAUGHT.
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. i(Yh I/.:L :E2
OSEPH R. MCFATE II
THE FOREGOING INSTRUMENT was sworn to, subscribed and acknowledged before me on
th i s J.,. Lj-./-t!v day of November, 1993, by JOSEPH R. MCF ATE 11. He is persona lly
known to me and did take an oath.
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Prin Type Name: :fftNRA
Notary Pub 1 i c i~?'<:!;-/i:, Ji\NiS M. PRZYWARA
p: ~~f .:;::~ MY COMMISS:ON # CC 038227 EXPIRES
'~:'.~v..:,,</ September 16, 1994
,:~~~!.:\~~;.., BONDED THRU TROY FAIN INSURANCE, INC.
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LEGAL DESCRIPTION OF "LEASED PREMISES"
That portion of Lots 1, 2, 3, 12, 13, and 14 of Block 6 of MAGNOLIA PARK
SUBDIVISION as recorded in Plat Book 1, Page 70, of the Pub 1 ic Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part,
together with that portion of the former right-of-way of the Atlantic Coast Line
Railroad adjoining said Block 6 on the West, occupied by the lower two floors of
a parking garage structure as constructed thereon, INCLUDING those volumes of air
space occupied by the lower two floors of the parking garage structure, but
EXCLUDING those volumes of air space described as "Parcel I" and "Parcel II" in
Exhibit B which is attached hereto, and EXCLUDING those volumes of air space
lying above said "Parcel 1. II
The upper limits of the air space included in this description being:
(1) The bottom of the support beams for the third floor of the parking
garage at the lowest level of said beams, having an elevation of 43.71 feet,
except at the location of the ramp leading from the second to the third floor;
and
(2) At the location of the ramp leading from the second to the third
floor, the inclined plane along the bottom of the support beams for the ramp, the
lower point of which is the point of beginning having an elevation of 35.71 feet,
and the upper point of which is the southerly boundary thereof having an
elevation of 43.71 feet;
the upper limits of said air space being the lower limits of "Parcel I" as
described in Exhibit B hereto.
SUBJECT TO non-exclusive easements in favor of the owner of "Parcel I" and
"Parcel II" for the maintenance of supporting column structures and for vehicular
and pedestrian ingress and egress.
TOGETHER WITH a non-exclusive access easement across the driveway located within
the northerly fifteen feet of Lot 1, Block 6, MAGNOLIA PARK SUBDIVISION,
aforesaid.
EXHIBIT A
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EXHIBIT "B"
LEGAL DESCRIPTION OF AIR SPACE
All those volumes of air space situate in the city of Clearwater,
Pinellas county, Florida, containing the third and fourth floors
ofa parking garage structure and the ramp leading from the
second floor to the third floor thereof, as described in Parcels
I and II as follows:
PARCEL I:
Commence at the Northeasterly corner of Lot 3, Block "6" MAGNOLIA
PARK SUBDIVISION as recorded in Plat Book 1, Page 70, Public
Records of Hillsborough County, Florida of which pinellas County
was formerly a part, as a point of reference; thence North
89045'53" West, along the Southerly right-of-way of Park Street
(Park Avenue - Plat) (A 60 foot ri9ht-of-way) 218.94 feet; thence
South 00014'07" West, 15.00 feet to a point on the face of a
precast concrete wall, said point being the point of beginning;
th~nce continue along the face of said wall South 89045'53" East,
189.21 feet; thence South 00014'07" West, 206.42 feet; thence
North 89045'53" West, 94.38 feet to point "A" for convenience;
thence North 89045'53" West, 94.83 feet to the intersection of
the face of said precast concrete wall and the face of a masonry
wall; thence North 00014'07" East, 206.42 teet to the point of
beginning.
The lowest limits of said air space being the bottom of the
support beams for the third floor of the parking garage at the
lowest level of said beams, having an elevation of 43.71 feet.
The upper limits of said air space being an elevation of 64.21
feet elevations referenced to National Geodetic Vertical Datum of
1929, Mean Sea Level - 0.00.
PARCEL II:
.
Commence at the aforedescribed point "A" as a point of reference;
thence North 00014'07" East, 184.21 feet to the point of
beginning of a 63.00 foot strip being 31.50 feet on each side of
the following described line; thence South 00014'07" West 162.0
feet to the point of termination.
The lower limits of said air space being an inclined plane along
the bottom of the support beams for the ramp leading from the
second to third floors of the parking garage. Tbe lower point of
which is the point of beginning having an elevation of 35.71
feet; the upper point of which is the Southerly boundary thereof
having an elevation of 43.71 feet.
The upper limits of said air space being the lower limits of
Parcel No. I above described.
B-1