Title: Letter enclosing two copies of the final Agreement
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 Material Information
Title: Letter enclosing two copies of the final Agreement
Alternate Title: Letter enclosing two copies of the final Agreement transferring the Ridge Area from SFWMD to SWFWMD along with a Resolution re perpetual license relating to Lake June-in-Winter Control Structure (Jack Creek Structure), Warranty Deed, and Agreement dated S
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 2 ( RIDGE BASIN - Box 2, Folder No. 2 ), Item 14
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050958
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text





JOHN R. MALOY, Executive Director

\ South Florida


l Water Management District


POST OFFICE BOX V, WEST PALM BEACH, FLORIDA, 33402

TELEPHONE 305-686-8800

IN REPLY REFER TO: 4-KRA-22
Ridge Area August 24, 1978


Southwest Florida Water Management
District
5060 U.S. Highway 41, South
Brooksville, Florida 33512

Attention: Jay T. Ahern, Staff Attorney

Dear Jay:

In accordance with our previous discussions, I enclose herewith agreement between
Southwest and South Florida in regard to the transfer of territory occasioned by
Chapter 78-65, Laws of Florida.

Please review and have the original and 2 copies signed and return to me for execu-
tion by this District.

The Agreement will be an agenda item for the meeting of South Florida in September.

With best wishes, I am

Very truly yours,



?| A Robert Grafton
V, j District Counsel

RG: Isp
Ends. LEG AL /










Robert L. Clark Jr. Robert W. Padrick W. J. Scarborough R. Hardy Matheson Ben Shepard
Chairman Fort Lauderdale Vice Chairman Fort Pierce Lake Placid Miami Hialeah

Stanley Hole Maurice L. Plummer Nathaniel Reed J. Neil Gallagher John L. Hundley
Naples Fort Myers Hobe Sound St. Cloud Pahokee
Formerly Central and Southern Florida Flood Control District










RIDGE AREA TRANSFER AGREEMENT
BETWEEN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
SOUTH FLORIDA WATER MANAGEMENT DISTRICT


THIS AGREEMENT, made and entered into this the day of ,

A. D., 1978, by and between SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a

public corporation, hereinafter referred to as SOUTHWEST, and SOUTH FLORIDA

WATER MANAGEMENT DISTRICT, a public corporation, hereinafter referred to as

SOUTH FLORIDA.

WHEREAS, SOUTHWEST, a public corporation, was created by Chapter 61-691,

Laws of Florida, and was continued pursuant to the Water Resources Act of 1972,

as amended, known as Chapter 373, Florida Statutes; and

WHEREAS, SOUTH FLORIDA was created by Chapter 25270, Laws of Florida, and

was continued pursuant to the Water Resources Act of 1972, as amended, known

as Chapter 373, Florida Statutes; and

WHEREAS, Section 373.069, Florida Statutes, as amended by Chapter 78-65,

Laws of Florida, provides that the boundaries of the two Districts shall be

changed and a portion of SOUTH FLORIDA shall be transferred to SOUTHWEST;

NOW, THEREFORE, in consideration of the mutual covenants and agreements

herein contained, and for other good and valuable considerations, the parties

hereto agree as follows:

1. It is the intent of this Agreement to make the transfer of duties,

responsibilities, assets and related matters as smooth and equit-

able as possible, preserving continuity wherever possible and de-

sirable.

2. All real property interests owned by SOUTH FLORIDA within the area

being transferred will be conveyed by SOUTH FLORIDA to SOUTHWEST by

separate instrument within sixty (60) days after execution of this

Agreement. A copy of the property rights held by SOUTH FLORIDA is

attached as Exhibit 1; and a separate instrument will be prepared

by SOUTH FLORIDA within sixty (60) days after the execution of this

Agreement transferring all real property interest held by SOUTH

FLORIDA within the area being transferred. All equipment, other

personal property and records owned, located and used by SOUTH

FLORIDA solely within the area being transferred, will be delivered

to SOUTHWEST as soon thereafter as practicable, bi not later than

thirty (30) days from the date of this Agreement.










3. SOUTH FLORIDA will deliver to SOUTHWEST, as soon as practicable

but not later than sixty (60) days after the execution of this

Agreement, the following information:

(a) All title information it has in its possession relating

to the real property described in Exhibit 1, attached

hereto.

(b) All reproducibles in its possession of certified land

surveys of all properties listed in Exhibit 1, attached

hereto.

(c) All reproducibles in its possession of certified engineer-

ing plans and specifications, as built, of each of the

facilities located on properties and easements described

in Exhibit 1, attached hereto, reflecting major construc-

tion items heretofore constructed by SOUTH FLORMAor con-

trolled and operated by it.

4. Concurrently with the transfer of data listed in Paragraph 3 above,

SOUTH FLORIDA will deliver to SOUTHWEST all rules, regulations and

procedures which it has implemented or adopted for the operation

ardmaintenance of the water control works being transferred.

5. SOUTH FLORIDA shall transmit to SOUTHWEST all of the taxes (for

the tax year January 1, 1978 to December 31, 1978) collected by

it from the area transferred to SOUTHWEST by virtue of Chapter

78-65, Laws of Florida.

6. SOUTHWEST shall assume all obligations of SOUTH FLORIDA with re-

gard to its agreement with Highlands County concerning operation

and maintenance of those certain water control facilities in High-

lands County known as Jack Creek Structure and the culvert under

Peachtree Drive at Stearns Creek; said structures are within the

area to be transferred. A copy of the Agreement between SOUTH

FLORIDA and Highlands County is attached hereto as Exhibit "A".

7. The terms and conditions of the foregoing agreement have been pre-

sented to, and approved by, the Board of Governors of SOUTHWEST at

a duly and properly called and held meeting of said Board on the

day of A. D., 1978, and the execution hereof

has been approved.

8. The terms and conditions of the foregoing agreement have been pre-

sented to, and approved by, the Board of Governors of SOUTH FLORIDA


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at a duly and properly called and held meeting of said Board on

the day of A. D., 1978, and the execution

hereof has been approved.

9. This agreement shall take effect October 1, 1978.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be

executed in their respective names the day and year first above written.


SOUTHWEST FLORIDA WATER MANAGEMENT
(Corporate Seal) DISTRICT, by its Governing Board

By
ATTEST: Chairman


Secretary


Executed in the presence of:




As to Southwest Florida Water
Management District

SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By its Governing Board

(Corporate Seal)
BY
Chairman

ATTEST:


Secretary


Executed in the presence of:




As to South Florida Water Manage-
minent District
























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i 0CJIRESOLUTION NO11.o


RESOLUTION GRANTING PIIERPETUAL LICENSE TO
CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL
DISTRICT TO UTILIZE CERTAIN PUBLIC RIGHTS
SOF WAY FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF LAKE JUNE-IN-WINTER CONTROL
STRUCTURE (JACK CREEK STRUCTURE).


WHEREAS, the Central and Southern Florida Flood Control

District has requested the Board of County Commissioners to grant

it an easement upon the following described public rights of way,

to be utilized for the construction, operation and maintenance

of Lake June-in-Winter Control Structure (Jack Creek Structure);

and

WHEREAS, the construction, operation and maintenance of

said Structure appears to be in the public interest and for the

public convenience and welfare, and for the public benefit, and

the Board of County Commissioners is desirous of cooperating to

the fullest extent with the District. However, since the County

does not own the fee title to said rights of way, and is vested

only with easements thereto for public street purposes, the Board,

entertains doubt as to the propriety of granting the easement

requested. The Board deems it advisable to accomplish the

purposes desired by means of a license or permit, instead of by

easement, upon the condition hereinafter set forth.

8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF HIGHLANDS COUNTY, FLORIDA:
>Section 1. That the Central and Southern Florida Flood

:1 a Control District be and it is hereby granted a temporary license

or permit to use for tlhe construction of Lake June-in-Winter

Control Structure (Jack Creek Structure) the following described

portions of public rights of way, to-wit:


(X) The Easterly 40 feet of that certain canal right-
of-way lying Westerly of and adjacent'to Lots 27
and 28, Block 45, LEISURE LAKES SECTION 16, accord-
ing to the plat thereof, as .recorded in Plat Book
8, page 22, Highlands County, Florida, public .
records, and Westerly of and adjacent to Lots 25 g
ing to the plat thereof, as recorded in Plat Book yy
7, page 25, Highlands County, Florida' public G
records., "





00-LO ^2 Exhibit 1 .











(Z) Also, all that part of Jack Creek right-of-
way, as shown on the plat of LEISURE LAKES
SECTION 16, as recorded in Plat Book 8, page
22, Highlands County, Florida, public records,
being specifically described as follows:

Beginning at the Northeast (NE) corner
of Lot 30, Block 54, of said plat;
Thence, bear South 80*22'00" East, a
distance of 142.00 feet to the inter-
section thereof with a line that is 60
j feet Easterly of and parallel to the
centerline of Jack Creek right-of-way;
jy .: I' li iThence, Southerly, along said line, a
i^: distance of 180.00 feet;
.iit!tiir ; iThence, South 72036'00" West to the
intersection thereof with the centerline
q { of Jack Creek right-of-way;
Thence, Southerly, along said centerline,
a distance of 135.00 feet;
Thence, South 68037'00" West to the
intersection thereof with the West right-
of-way line of Jack Creek;
Thence, Northerly, along said right-of-way
s line, to the POINT OF BEGINNING.




This temporary use-right shall expire upon completion

f D of said Structure.

Section 2. That the Central and Southern Florida Flood

Control District be and it is hereby granted a perpetual license

;Q Ior permit to use for the construction, operation and maintenance

of Lake June-in-Winter Control Structure (Jack Creek Structure)

ic the following described portion of public right of way, to wit:


^- :(Y) All that part of the right-of-way for
-'i' Peach Tree Drive, as shown on the plat of
iLEISURE LAKES SECTION 16, according to the
"z _- Plat thereof, as recorded in Plat Book 8,
I ;page 22, Highlands County, Florida, public
. records, lying within 600 feet Northerly
,; and Southerly of (as measured along the
.... centerline of said Drive) the center of the
proposed Jack Creek Gated Box Culvert, as
? ^ shown on Central and Southern Florida Flood
s,., ,, Cont-ol District Drawing Number DS-168 Sheet
'n *-..-a 2 of 15.

The bearings refer to the standard plane rectangular
coordinate system for the East Zone of ,Florida.


This perpetual use-right is subjectcto tiheright and

obligation of Highlands County to maintain Peach, Tree Drive.





!* i .
*^; 50^7^












The foregoing Resolution was offered by Cormnissicner

Skipper who moved its adoption. The motion

was ;ec:, .. -1.non and upon

beJing pu1 .i..ov,. ,


All Commissioners voted for adoption
SCommissioner Wise voted yes
Commissioner Wilkinson voted yes
Commissioner Phillips voted yes
Commissioner Heston voted yes
Commissioner Skipper voted yes




The Chairman thereupon-declared the Resolution duly passed

and adopted this 5 day of August 1975.
i


HIGHLANDS COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS


i
3 By: 'i

h 53,78


: "i
i ', ; 7




t










ii i




!I ..




_ /t .... --"^






Jack Creek Structure


CORRECTIVE
WARRANTY DEED


HIGHLANDS COUNTY LAND & TITLE COMPANY, a corporation
organized and existing under the laws of the State of Florida, the Grantor,
in consideration of the sum of TEN DOLLARS ($10.00), and other valuable
considerations received from CENTRAL AND SOUTHERN FLORIDA FLOOD
CONTROL DISTRICT, the Grantee, a body corporate, created by the Acts
of the Florida Legislature of 1949, with its principal office at 901 Evernia
Street, West Palm Beach, Palm Beach County, Florida, hereby, on this
18 day of August A. D., 1975, conveys to the Grantee
the real property in Highlands County, Florida, described as:


Commence at the intersection of the northwesterly boundary of Lot 28,
Block 45, Leisure Lakes, Section 16, as recorded in Plat Book 8, Page
22, Public Records of Highlands County, Florida, and the northeasterly
right-of-way line of a canal, entitled "Waterway" (said intersection point
being the northwesterly corner of said Lot 28) being the point of begin-
ning; thence run N 57o 11' 19" E along the northwesterly boundary of
Lot 28 and its extension to the centerline of Peachtree Drive, a distance
of 174.92'; thence run N 560o 53' 57" E, along the southeasterly boundary
of Lot 30, Block 54 (and its extension to the centerline of Peachtree Drive),
a distance of 69.89' (said point being 78.41' from the southeasterly corner
of said Lot 30) to the start of a curve to the left (concave to the northwest)
with a radius of 99.46' and a central angle of 56o 53' 57"; thence run
northeasterly along said curve, an arc distance of 98.77'; thence run north
8.68' to the north boundary of said Lot 30, Block 54; thence run N 89o 37'
56" E 20.54' to the northeast corner of Lot 30; thence run south along the
iJ west right-of-way line of Jack Creek, a distance of 151.60' to the start of
S. a curve to the left, concave to the east, having a radius of 650.00', and a
, central angle of 44o 25' 38"; thence run southerly along said curve a dis-
.tance of 127.10'; thence run S 580 30' 12" W, 267.66' to the easterly
7^ boundary of aforementioned canal (entitled "Waterway" on the plat) and
r southwest corner of Lot 26, Block 45; thence run N 90 23' 15" W along
said easterly boundary of canal, a distance of 77.92' to the start of a curve
to the left, concave to the southwest, with a radius of 326.48' and a
central angle of 78o 24' 45"; thence run northwesterly along said curve
.. (and canal right-of-way) a distance of 133.47' to the point of beginning,
3 u containing 1.330 acres.


,^' This instrument is issued for the purpose of correcting that certain
. Warranty Deed, dated July 8, 1975. as recorded in Official Records
^y ~ Book 499, page 24, Public Records of Highlands County, Florida, which



and covenants t .t the p. perty is iree of all encumbrances, except as
otherwise provided for herein, that lawful seisin of and good right to
convey that property are vested in the Grantor, and that the Grantor
hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever.





Prepared by:R. P. Dunty, Jr.
Sn Attorney at Law
Page One P. O. Box 548
Lake Placid, Fl. 33852
351558 )t 1 K 3 787
Exhibit 1 ,r!.O













HIGHLANDS COUNTY LAND & TITLE
COMPA Yna Flori orpoti

(Corporate Seal) BY
President

A TT tSTT .... ^ '



; - ,: c '.:". 03, .;" l. :,:',









STATE OF FLORIDA )

COUNTY OF HIIGHLANDS )
I HEREBY CERTIFY, that on this day, before me, an officer

duly authorized in the State and County named above to take acknowledg-
ments personally appeared Samuel Cook and Frances G. Miller, President
and Secretary, respectively, of HIGHLANDS COUNTY LAND & TITLE
COMPANY, a Florida corporation, and they acknowledged before me that
they executed the above and foregoing instrument as such officers of
said corporation, and that they affixed thereto the official seal of said

in the County and ate named above, this the + day of
SAugust A. D., 1975.


".*Notary Public




I HEREBY CERT(SFY, that on thCommis daysion Expifores me an officer






Augus __ A. 1975.
.1 -








LJ
RWB/sb

AGREEMENT

THIS AGREEMENT made and entered into this, the 5th day ofSeptember

A. D., 1975, by and between CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DialHICT,

a public corporation of the State of Florida, hereinafter referred to as the

"DISTRICT", and HIGHLANDS COUNTY, FLORIDA, a political subdivision of the State

of Florida, hereinafter referred to as the "COUNTY".

WITNESSETH:

THAT WHEREAS, the COUNTY has requested that the Lake June-in-Winter Control

Structure, hereinafter referred to as the "STRUCTURE", located in Section 16,

Township 36 South, Range 29 East, be replaced and rebuilt by the DISTRICT; and

WHEREAS, the COUNTY has requested the DISTRICT to operate and maintain

the STRUCTURE upon its completion; and

WHEREAS, the COUNTY has requested the DISTRICT to operate and maintain

the existing 66 inch Culvert under Peachtree Drive at Stearns Creek, herein-

after referred to as the "CULVERT".

NOW, THEREFORE, in consideration of the benefits flowing from each to the

other, the parties hereto agree as follows:

1. The COUNTY shall:

a. acquire all rights of way and easements which are determined by

the DISTRICT to be necessary for the construction, operation and maintenance

of the STRUCTURE;

b. grant a license or permit, as necessary, to the DISTRICT to permit

the use of Peachtree Drive right-of-way extending 600 feet north and south of

the STRUCTURE for the purpose of construction, operation and maintenance of

the STRUCTURE;

c. maintain the canals upstream and downstream from the STRUCTURE

and CULVERT, except for that part of.the canal adjacent to the STRUCTURE site,

and within the right-of-way deeded to the DISTRICT; ,,

d, maintain the integrity and the centerline grade of Peachtree

Drive from State Road 621 northerly approximately two (2) miles to a point

600 feet northerly of the STRUCTURE as a drainage divide between Lake June-

in-Winter and Lake'Francis-Jack Creek Area;

e. enlarge Jack Creek as required to enable it to convey all dis-

charge from the STRUCTURE to Josephine Creek.




-1-
Exhibit "A"















2. The COUNTY shall assume all responsibility and liability for, and

to that end shall indemnify the DISTRICT and its personnel against the

following:

a. any and all claims and demands whatsoever for compensation for

injuries, damages or accidents to any persons, animals, materials and property,

real or personal, due or claimed to be due from, or arising out of, water

flowage or flooding, or either or both, due to the inadequacies of the canal

section or sections or the operation of or maintenance of the canals owned by

the COUNTY in the area encompassing Lake June-in-Winter, Lake Francis, Stearns

Creek and Jack Creek; and

b. any and all claims and demands whatsoever for compensation for

injuries, damages or accidents to any persons, animals, materials and property,

real or personal, due or claimed to be due, either directly or indirectly, to

acts of commission or omission by the COUNTY, its employees, agents, contractors,

or others acting for or on behalf of the COUNTY, if such claims or demands

arise either directly or indirectly out of the performance of this agreement,

by the COUNTY; and

c. the payment of all judgments obtained, by reason of injuries,

damages or accidents, in any suit or suits against the DISTRICT, including

all legal and court costs and expenses and such other expenses resulting

directly from such suit or suits, PROVIDED that such suit (suits) is (are)

the result of, or arise out of claims or demands as set out in subparagraphs

a. and b. above.

3. The DISTRICT shall be responsible for:

a. design and construction of the STRUCTURE;

b. upon completion of the construction of the STRUCTURE, operation

and maintenance of the STRUCTURE and the CULVERT in order to maintain a regula-

tion schedule, established by the DISTRICT, for Lake June-in-Winter;

c. operation of the CULVERT to discharge as much water as possible

through Lake Francis,..during such periods that surplus water is available;

d. maintenance of the canal which is immediately upstream and down-

stream of the STRUCTURE and which is located within the right-of-way deeded to



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, ,: : L -^ -iA I I I II I I .













the DISTRICT.

IN WITNESS WHEREOF the parties hereto have executed this agreement on

the day, month and years first above written.



CENTRAL AND SOUTHERN FLORIDA FLOOD
CONTROL DIS T, BY ITS GOVERNING
(Corporate Seal) BOARD


BY ( it/il,
.P Chainna =

Ex C in the presence f: \
ATTESr: :


noldo 00 ^ (BY
DISTRICT/ Secretary


Legal 'r;rm Approved
FCD Office of Couns







: BOARD OF COMMISSIONERS, HIGHLANDS
(Seal) COUNTY, FLORIDA



/Chairman
acuted in the presence of: .
ATTEST:



to co.UNTY Clerk, Cir uit Court


















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