Title: Opinion File 70-28 thru 70-33
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Permanent Link: http://ufdc.ufl.edu/WL00003296/00001
 Material Information
Title: Opinion File 70-28 thru 70-33
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Bain's Collections - Opinion File 70-28 thru 70-33
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 84
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003296
Volume ID: VID00001
Source Institution: Levin College of Law, 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




SobrdhliAr.M A41WeA


April 17, 1970








Mr. Robert L. Watson, Chief
Land Acquisition Division
Southwest Florida Water
Management District
P. O. Box 457
Brooksville, Florida
Rei Subordinations used by SWWMD with
0TCO and other Utility companies
Deer Bobt
Receipt is acknowledged of your letter of March 30 1970,
enclosing letter froa Tampe Electric Compan and copy of sub-
ordination agreement used in the past.
I think the subordination agreement enclosed in your
letter of March 30, 1970, should have the following additional
wording
"The undersigned subordinates said easement to the
property rights of the Southwest Florida Water
Nlnaglent Distriet to locate, excavate, maintain
and iWprove a eanal or waterway through, upon
and/or aerose the following described property, and
the Souttwest Florida Water Mangement District may
authorise the public to use said canal and/or water-
way for navigation or other uses eommesurate with
the purposes of the law under which the Southwest
Florida Water Mnamgont District was created."
Sincerely,


NFron 0. Gibbons


MUG/milrd





7o0-z9

Southwest Florida
Water Management District
E P. 0. BOX 457 BROOKSVILLE, FLORIDA 33512
19 6
DERRILL McATEER, Chairman, Brooksville JOHN A. ANDERSON, Treasurer, St. Petersburg DAVID HIPP, Williston
A. M. PICKARD, Vice Chairman, Lakeland HERMAN BEVILLE, Bushnell PAUL F. HUBBARD, Oklawaha
iGES EDWARD MEDARD, Secretary, Tampa S. C. BEXLEY, JR., Land O'Lakes BOYCE A. WILLIAMS, Leesburg
Dale Twachtmann, Executive Director

April 10, 1970





Mr. Myron G. Gibbons
Attorney at Law
Post Office Box 1363
Tampa, Florida 33601

Re: Subordinations used by SWFWMD with
TECO and other Utility companies

Dear Myron:

Please give us the proper wording to be included in the subordination agree-
ment which will give us the right to use the land for all purposes to which
we are authorized through proper legislation, and the right to maintain and
operate our works within this subordination.

Very truly yours,



E L. ATSON
ChiefLand acquisition Division

RLW: scp















r Building a modern Ark The "Four River Basins, Florida" project








Southwest Plorida
Water Managemeent District
P. 0. BOX 457 BROOKSVILLE, FLORIDA 33512


S DERRILL McATEER, Chairman, Brooksville
A. M. PICKARD, Vice Chairman, Lakeland
EDWARD MEDARD, Secretary, Tampa

March 30, 1970


JOHN A. ANDERSON, Treasurer, St. Petersburg
HERMAN BEVILLE, Bushnell
S. C. BEXLEY, JR., Land O'Lakes


DAVID HIPP, Williston
PAUL F. HUBBARD, Oklawaha
BOYCE A, WILLIAMS, Leesburg
Dale Twachtmann, Executive Director


R 31 1970

ShJVEf


Mr. Myron G. Gibbons
Attorney at Law
Post Office Box 1363
Tampa, Florida 33601


Dear Myron:

Please review the enclosed letter from Tampa Electric Company
copy of a subordination agreement that we have used in the past.

I would like to discuss this with you in the near future.

Very truly yours,




L. WA ON
C if, Land Ac uisition Division

RLW:scp

enclosures


Building a modem Ark The "Four River Basins, Florida" project









Tampa Electric Company
TECO
P. O. BOX 111. TAMPA, FLORIDA 33601

March 25, 1970










Mr. Robert L. Watson, Chief
Land Acquisition Division
Southwest Florida Water Management
District i Flo
P. 0. Box 457
Brooksville, Florida 33512

Dear Mr. Watson:

Will you please advise what effect, if .any, of Tampa Electric
Company's rights when a subordination is involved over a navigable
waterway? We are interested also in any minimum clearance which
may be required as the result of the subordination.

Please call me if you have any questions.


Sincerely,




F rank B. Hill
Right of Way Representative

FBH: mn




+ 3



/-, Ta:na Hypass Canal



(ml> //




S KNOW ALL Ij-iN BY THESE PR iSETS:

THAT iHEREAS, it is proposed by the Southwe.st Florida Water Management District
to locate, excavate, maintain and/or improve a portion of land in _*Lillsboolgh .._
SCounty ___, Florida, by the construction of the __Tlamar-a pa
Canal _in accordance with survey and plans on file in the
office of the Southwestl Flor.ida Water Mianagemant District; and

WHEREAS, a portion of the lands involved and necessary to said construction of
said canal is subject to an eaceuant held by the undersigned; and

,HIEREAS, a request has been made for the undersigned to subordinate said ease-
ment to the property right of the Southwest Florida Water Management -District in
and to the portion of the premises hereinafter described;

NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises and
the panyent of $1.00 and other good and valuable considerations, the. receipt whereof
is hereby acknowledged, the undersigned subordinates said easement to the property
rights of the Southwest Florida Water Management District, to locate, excavate,
maintain and/or ii.prove, and to construct the said canal through, upon and/or across
the following described lands, being a portion of the said encumbered premises in
Ifillsborough County__ Florida, to-wit:
The center line of the easement is described as follows:
Begin approximately 390 feet South of NW Corner, run South 79 East for a
distance of approximately 475 feet.

Said easement lying and being in:
Beginning at the N. W. corner of the S. E. 1/4 of the N. W. 1/4 of Section
23, Township 29 South, Range 19 East run E. 520 feet thence S. to center of
Channel of 6 Mile Creek then down the Channel of 6 Mile Creek in a Westerly
direction to the intersection with the W. boundary line of said S. E. 1/4
of the N. W. 1/4 thence N. on said Western boundary line to the point of
beginning and containing 11 acres more or-less,



insofar as said premises are affected by the following described encumbrance now
held by the undersigned:

NATURE OF RECORDED
ENCiRANCE DATE FROM OR AGAINST IN FAVOR OF B00:-AGE...

Easement 11/13/46 Frederic William Schultz Tampa Electric Co. 1410-194
and Idah Frances Szhultz
his wife
(" PROVIDED, ALWAYS, NEVE-RTHELESS, in the event the above described premises are
abandoned by the Southwest Florida atter management t district t and cease to be used
for canal purposes, in such event the -:dbr'..di.nation of said encumbrance here.inbefore
described shall ter;-.inate in and to such portion cb-.ndoned and no longer used a3
aforesaid, and the .ncuumbrance becc.ae of the same status with reference to such
abandoned portion as if the subordination had never been made.

IN W-ITNESS WHEREOF, the said holder of said encumbrance has duly executed this
instrument this __ day of .._ ay.-..- 19 7

Signed, sealed and delivered ....... ..,
in the presence of: '


S." I f- A- .. "

.. )^"l ^ -<- Lv -..-- ... ..- '- *- -, ,.-.., ?'i



__ :. ... ..4 ,









OFF.
l L1755 Frltci


STATE OF FLORIDA
/\ COUNTY OF __HILLSBOROUGH


1 HEREBY CERTIFY, That on thick _lst day of May 19 67
before me, the undersigned authority, personally appeared
*1


J. D. Hicks


J. E. Sproull


to me well known and known to me to be the individuals described in and who executed
the foregoing instrument as Vice President and Assistant Secretary respec-:
tively of the Corporation named in the foregoing instrument, and they severally
acknowledged before me that they executed said instrument on behalf of and in the
name of said Corporation as such officers as the act and daed of said Corporation
for the uses and purposes therein mentioned, and that they affixed thereto the
genuine corporate seal of said Corporation.


WITNESS my hand and official seal the date aforesaid.




6TARY PUBLIC
01 g-.- -

Notery Publiditde of Hi t d ? ra :.
MY COMMISSION EXPIRES My cS"n s' "jEs ais ; 13, 1907,

STATE OF :-.- '*.....".*;. '
COUNTY OF _____. '-'

I HEREBY CERTIFY, That on this_ day of _19 ,0'.
before me, the undersigned authority, personally appeared

and

to me well known and known to me to be the persons described in and who executed
the foregoing instrument, and acknowledged before me that executed the
same for the uses and purposes therein mentioned.


WITNESS my hand and official seal the date afor~said.


NOTARY PUBLIC

MY COCI4ISSIOlN EXPIRES


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