MARIA REAL ESTATES VICE PRESIDENT- JOESPH MCCARTHY
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SF.TJ,F,R' S AFFIDAVIT
Joseph F. McCarthy ("Affiant"), as Vice President of
MARIA REAL ESTATE INC., a Florida corporation ("Seller"), being
first duly sworn, deposes and says:
1. He is the Vice President of Seller and is
qualified to make the statements hereinafter set forth;
2. Seller is the owner of that certain real property
situate in Pinellas County, Florida (the "Property"), legally
described on Exhibit "A" attached hereto and made a part hereof,
which is being transferred by that certain Special Warranty Deed
dated of even date herewith (the "Deed"), executed by Seller to
The city of Clearwater, Florida, a Florida municipal corporation
("Grantee");
3. There are no bills or claims for labor or services
performed or materials furnished during the past ninety (90) days
for alterations, repair work or new construction on any portion
of the Property performed or caused to be performed by or on
behalf of Seller which have not been paid by Seller or which will
not be paid by Seller when due;
4. Seller is in sole and exclusive possession of the rJ
Property, except for parties in possession pursuant to written
lease~ o..s ~f /0,.."", (/Y\ 'l'ki~;t. D 1\ I.f1,u. :5d'oU ~ ?W'CNW A'1~mt.IvE dA.h.d lf1lt
clA.te.. hWfl lJJ Nfl (t5pt U. ~ ~ tn~~.
'--n5. Seller has not and will not, for the period
commencing on March 25, 1993 at 5:00 pm and continuing through
the recording of the Deed transferring title to the Property to
the Grantee, cause any defect to appear in the title to the
Property or make any conveyance of all or any part of the
Property, except to the Grantee; and
6. Section 1445 of the Internal Revenue Code provides
that a transferee of a u.S. real property interest must withhold
tax if the transferor is a foreign person. To inform the Grantee
that withholding of tax is not required upon the disposition of a
u.S. real property interest by Seller, the undersigned hereby
certifies the following on behalf of Seller:
(a) Seller is not a foreign corporation, foreign
partnership, foreign trust, or foreign estate (as those
terms are defined in the Internal Revenue Code of 1986, as
Amended) ;
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(b) Seller's u.s. employer identification number is
I ~ - !>o~u~z.." ; and
(c) Seller's office address is 2502 Rocky Point Road,
suite 695, Tampa, Florida 33607.
Seller understands that the certification contained in
this Paragraph 6 may be disclosed to the Internal Revenue Service
by Grantee and that the making of any false statement contained
herein could be punishable by fine, imprisonment, or both.
Affiant, on behalf of Seller, makes this Affidavit for
the purpose of inducing the Grantee to purchase the Property and
First American Title Insurance Company ("Title Underwriter"),
through Weil, Gotshal & Manges, its agent ("Aaent"), to issue an
owner's title insurance policy. Seller does hereby indemnify and
hold harmless Agent and Title Underwriter and agrees to pay for
any costs, fees or expenses incurred by said parties (including,
but not limited to court costs and attorneys' fees on the trial
court and appellate levels) incurred as a result of any material
misrepresentation contained herein and their issuance of said
title policy in reliance thereon.
FURTHER AFFIANT SAYETH NAUGHT.
DATED: March 29, 1993
By:
SWORN TO AND SUBSCRIBED BEFORE
ME THIS 29TH DAY OF MARCH, 1993
cu (9A..J1J2~r ~-A/\
NOTARY PUBLIC , C, \
DO( f?J?-<""cV'\<?f\
, NlItary Public, State of I'forl!!!!
,My Commission Expires June 3, 1904'
Bonded thru PICHARD In'. Ap.cnf;y'
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EXHIBIT RAil
LEGAL DESCRIPTION OF THE LAND
PARCEL III:
Lots 1, 2, 3 and 4, Block "13" of GOULD AND EWINGS 1ST AND
2ND ADDITION TO CLEARWATER - HARBOR, FLORIDA according to a
map or plat thereof recorded in Plat Book 1, Page 52 of the
Public Records of Hillsborough County, Florida of which
Pinellas County was formerly a part, less road right-of-way,
together with that portion of said Block "13" which was
formerly an alley, running East and West through said Block
"13", also vacated railroad right-of-way described as
follows: Begin at Southeast corner of said Lot 2, Block
"13", run thence East, along the Northerly right-of-way of
Park Street, 60.18 feet thence Northerly along the Easterly
right-of-way line of said railroad right-of-way also the
West lines of Lots 7 & 8, Block "20" of said GOULD AND
EWINGS 1ST AND 2ND ADDITION, 229.0 feet more or less to the
Southerly right-of-way line of Cleveland Street; thence
West, along the said right-of-way line; 60.18 feet thence
along the Westerly right-of-way line of said railroad right-
of-way line also the Easterly line of Lots 2 and 3, Block
"13", of said GOULD AND EWINGS 1ST AND 2ND ADDITION, 228.93
feet more or less to the Point of Beginning. All being in
section 16, Township 29 South, Range 15 East, Pinellas
County, Florida.
ALSO DESCRIBED AS:
Beginning at the Southeast corner of Lot 2, Block 13 of said
GOULD AND EWINGS 1ST AND 2ND ADDITION; thence along the
Northerly right-of-way of Park Street (Park Avenue - Plat)
(A 60 foot right-of-way), North 89045'53" West, 110.22 feet
to the Southwest corner of Lot 1, Block 13 of said GOULD AND
EWINGS 1ST AND 2nd ADDITION; thence along the Eastern right-
of-way of South Garden Avenue North 00002'16" East 227.94
feet to the apparent Southerly right-of-way line of
Cleveland Street as it now exists; thence South 89050'01"
East 189.03 feet to the Easterly line of the vacated
S.C.L.R.C. right-of-way; thence South 04042'26" West 228.86
feet (229.00 feet, Deed) to the Northerly right-of-way of
Park Street (Park Avenue - Plat) (A 60 foot right-of-way);
thence North 89045'53" West, 60.18 feet to the Point of
Beginning.
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Together with all those volumes of air space situate in the
City of Clearwater, Pinellas County, Florida, containing the
third and fourth floors of a 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
right-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; thence
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 feet 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. The
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.
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