Title: Opinion File 71-16 thru 71-19
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003309/00001
 Material Information
Title: Opinion File 71-16 thru 71-19
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 71-16 thru 71-19
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 97
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003309
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
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Southwest Florida

Water Management DiStrict
P. 0. BOX 457 BROOKSVILLE, FLORIDA 3351e


DERRILL McATEER, Chairman, Brooksville
S. C. BEXLEY, JR., Vice Chairman, Land O'Lakes
EDWARD MEDARD, Secretary, Tampa
March 17, 1971


JOHN A. ANDERSON, Treasurer, St. Petersbu
HERMAN BEVILLE, Bushnell
PETER J. NEGRI, Ocala


*g THOMAS VAN der VEER, Yankeetown
BOYOE A. WILLIAMS, Leesburg
J. MASON WINES, Lakeland
Dale Twachtmann, Executive Director

'^'c"_ JI/


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

Dear Mr. Gibbons:


Please review the wording on the
says the District has 5 years to
than 6 months after completion.


enclosed Temporary Easement where it
commence construction and no longer


On discussion of this matter with Mr. Blain, it was Mr. Blain's opinion
that we only have 5 years or the land would be released earlier, being
6 months after completion, if we used it less than 5 years.

I have discussed this with you previously and it was decided that we had
5 years and longer by using the 6 months wording if the project took
longer than 5 years.

Please review this as we want to be sure that we have 5 years pf
additional time if we need it.

Very truly yours,



S L. WTSON
rec or, eal Estate Division

RIW cc

enclosure

cc: Mr. L. M. Blain w/enclosure n


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





aLrc" i"#11
h 'is Instrument Prepared : Marc 7
Southwest Florida Wat 7/1
Management District
P. O. Box 457 Brooksville, Fla.

TEMPORARY EASEMENT

THIS INSTRUMENT, made and entered into this day of

19 between
hereinafter referred to as the Grantor, and the SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT, a public corporation, P. O. Box 457, Brooksville, Florida, hereinafter
referred to as the Grantee,


WITNESSETH:

WHEREAS, in the Act of Congress approved October 23, 1962, provision was
made for in accordance with the project set forth in
House Document No. 585, 87th Congress, subject to the condition anong others,
that local interests furnish free of cost to the United States all necessary
lands required for the improvement and subsequent maintenance thereof when and
as required, and

WHEREAS, the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT has assumed the
obligations of local sponsor with respect to procuring said necessary lands
without cost to the United States; and

WHEREAS, the Grantor is the owner in fee simple of a tracti of land situated
in the County of State of Florida, more particularly described
as follows:
r *
SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF.

AND, WHEREAS, said tract of land is needed in connection with the aforesaid
improvement,

NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other
valuable considerations, the receipts of which is hereby acknowledged, Grantor
does hereby grant, bargain, sell and convey unto the Grantee the assignable right
and easement intermittently or continuously to enter upon and to use any and all
of the hereinabove described tract of land for the following purposes:

a. The right to construct, operate, maintain, repair, replace or remove
construction equipment and vehicles used in connection with the deposit and
disposition of excavated materials to or across said tract of lard.

b. The right to deposit spoil materials on said land in connection with
the construction of said project as described in said congressional authorization.

It is specifically understood and agreed that this easeme t shall be of no
force and effect if Grantee does not commence construction on the said canal within


five (5) years from the date of this conveyance, and that it sha 1 be in force not
longer than six (6) months after the completion of construction, but terminating
earlier, if the land should no longer be required for project purposes as evidenced


by letter of the Board of Governors of the SOUTHWEST FLORIDA WATIR MANAGEMENT
DISTRICT, Brooksville, Florida, which letter shall be duly acknowledged so that
it may be recorded in the public records; reserving, however, to the Grantor the
right to use said property in any manner which is not inconsistent with the rights
hereinabove granted.


SThat Grantor covenants that lawfully seiz d and possessed
S' of said premises, that same is unencumbered, that ha a good and lawful
right to sell and convey the same, and covenants to warrant and defend the title
to the same to the said Grantee against the lawful claims of all persons whomsoever
claiming by, through or under the Grantor.

It is distinctly understood and agreed that neither the G antee herein
nor its assigns are under any obligation to use subject property for the deposit
of dredged materials.


IL i 1n-- .




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IN WITNESS WHEREOF, this instrument has been executed by the
hand and seal is affixed hereto the date first above written.


Signed, sealed and delivered
in the presence of:


Grantor whose


(SEAT.)


(SEAL)


(SEAL)


(SEAL)


STATE OF

COUNTY OF


I HEREBY CERTIFY, that on this day of _
before me, the undersigned authority, personally appeared


to me known to be the person__ described in and wt
instrument and acknowledged before me that
and purposes therein expressed,


io executed the
executed the s


5 19_,


foregoing
ame 'for the uses


WITNESS, my hand and official seal the date aforesaid.




f


NOTARY PUBLIC


MY COMMISSION EXPIRES:


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