Title: Opinion File 77-122 thru 77-124
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Permanent Link: http://ufdc.ufl.edu/WL00003504/00001
 Material Information
Title: Opinion File 77-122 thru 77-124
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 77-122 thru 77-124
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 56
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003504
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




,TUCK N, S TH, COFER & TAUB 0. O. oBONw., Ise62os9
SOUNBY GIBBONS, 1806.1970
COUNSEL S AT LAW JAMES MOEWRN, 1908.1076
OL. M. BLAIN DAVID B. MCBETEN
S MADISON BOX 1363 JOSEPH B. COPER MALCOLM P. MICKLER, III
ST4PA. 3 33601 TIIOMAS B. CONE, JN. OBrORY B. MIFIIWINSKI
A. PI.TCOIIER DYCHo S K. iBADFORD 3M.I!IIB
1 2 84 ARTIIUB s. OinliONS WILL.IAM R. PL.ATT
KIRK M. GIBBONS MARIIIA G. RYDIIKRO
MYRON 0. GIBBONS AHMIN H. SMITH. JR.
I SAM M. GIBBONS NRICHARD N. STEIN
i L 7 BIIBRUCI S. OOLDnRTnr' THIOIDOiR 0. TAUB
JOHN A. OUYTOW, JI. WVM. eAIl. 'IT'rCIK
VICTORIA L. IlIINT JACQUKIELINE I. WIIATIET
P lPHUILIP LAZZARA ROBERT V. WILLIAMB


I N "PLY IMP7 o.

Robert L. Watson, Director KEYWORDS:
Real Estate Division
Southwest Florida Water 'e
Management District *-". -Lcos,,C. '

Re: Certification/TBC-135, SEC-135, SEC. 4-B;
S-155; S-163 and LHFDA L-112

Dear Mr. Watson:

Please furnish us with a title search covering that
portion of the Hillsborough River lying below ordinary
high water and within the area of construction on the
upcoming contract. I have photocopied a portion of
drawing no. 13-004-515, dated June 16, 1977 and marked
preliminary, sheet 2 of 2. This photocopy is enclosed.
That portion of the river bottom which we are concerned about
has been outlined by me in red. It consists of two
portions, the first covering that portion of the river
affected by the permanent structure site, and the second
covering that portion of the river which will be addi-
tionally affected only temporarily during construction.

The purpose of requesting the search is to learn what
instruments appear of record in the public records of
Hillsborough County, Florida, affecting these portions
of the river. You should advise the title company that
particular attention should be paid to the possibility that
the following entities may have some interest in these
portions of the river:

1. The Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida.

2. The Tampa Port Authority.

3. The City of Tampa. (It has occurred to us
that perhaps the City of Tampa has flowage or drainage
easements to insure the continued supply of water to the
City Water Works and dam downstream. This interest may







GIBBONS. TUCKER. McEWEN. SMITH. COFER & TAUB CONTINUING OURT LEER OF
July 11, 1977
Robert L. Watson SHEET NO.
2

77 123


have been obtained from Tampa Electric Company, although
the details of the transaction are not now known to me.)

Mr. Gibbons, Mr. Blain and I have discussed your request
for advice concerning whether or not DER or other state
permits are required. It is our conclusion that although
DER and other state or local permits may be required for
construction activities below ordinary high water, we are
aware of no permits which must be obtained before certifi-
cation. In our view the responsibility for obtaining the
necessary permits rests with the Corps or its contractor,
should any in fact be required.

Very truly yours,



homas E. Cone, Jr.

TECjr/jf

cc: Tom Fox
Fritz Musselmann
Myron Gibbons
L. M. Blain














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