Title: Opinion File 78-89 thru 78-93
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Permanent Link: http://ufdc.ufl.edu/WL00003543/00001
 Material Information
Title: Opinion File 78-89 thru 78-93
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 78-89 thru 78-93
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 95
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003543
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
79-2







March 10, 1978




Mr. frits Musselmann
Psa. BEstate Division
So"WisNt Florida Water Management District
Brooksville, Florida 33512

Re: Acquisition of Monitor Well Sites
Prao County Commissions

Dear Frits:
Receipt is acknowledged of your letter of March 6, 1974, concerning
acquiring monitor well sites from various counties within the District.

In response to paragraph 2 of your letter of March 6. Different entis
throughout the State of Florida execute dooumets differently, beesase
some caaties age what are called charteredd counties" an some are
' merely iwviswiin of the State of Florida. Any time ya are in oontact
with a particular county, you shoua4 see which directions they harwe
I'M0r the entire CoIission, of that particular count ast sign bia
rm tao, or whether it is necessary for oaly the Chairman a
retazy to sign. This is the law and not because of the inconsist4gp
of the forms.
As to paragraph 4 of your letter, asking if two or more sites oe be
acquired at the same time using only oe perpetual and oare
aaaement. I do not see any reason for a tempret I asemat- t
for the purpose of going onto the property to. a wrct at *M we

check the wli, o even thi it is re only part that is an a pwrpUeal
easement. eh reason we feel we ~S*ald have a perpetv^l eaemet to
construct a well, or the fee simple title to thae prowgat is beaoamu
oft the problem we have taken over frtm the ge t he po temperry
easements for areas and did not have a fee simple ti e or perpetual
easements and they were required to change and ow 1 I wells fram tUa*
to time. This interfered with their tests, and the information they


_ _







March 10, 1978

2


Mr. Ftitz Musselmann, SWFWMD


, 4.


used in hydrolic reports and hydrology analysis. Since the wells we
are constructing for monitor wells are the benefit pt the counties and
other governmental bodies, I feel that, generally speaking and if they
are properly oriented, the counties will not object to giving us per-
petual easements or fee simple title to the area in which the wells
are to be constructed.

If yUa have any questions or wish to contact me concerning any of
these matter, please call me.
Yours very truly,



Myron G. Gibbons
MGG:bl


cc: Robert L. Watson








Southwwest Florida

Water Manageement Distriot
5060 U.S. HIGHWAY 41, SOUTH BROOKSVILLE, FLORIDA 33512
PHONE (904) 796-7211


DERRILL McATEER, Chairman, Brooksville
ROBERT MARTINEZ, Vice Chairman, Tampa
THOMAS VAN DER VEER, Secretary, Yankeetown
S. C. BEXLEY, Treasurer, Land O'Lakes


N. BROOKS JOHNS, Lakeland
RONALD B. LAMBERT, Wauchula
NICK PENDER, Tampa
GEORGE RUPPEL, Clearwater


HELEN THOMPSON, St. Petersburg
LATIMER TURNER, Sarasota
Donald R. Feaster, Executive Director


March 6, 1978


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

Dear Mr. Gibbons:

SUBJECT: ACQUISITION OF MONITOR WELL SITES
FROM COUNTY COMMISSIONS

In the very near future we will be acquiring several monitor well sites from
various counties within the District, i.e. Board of County Commissioners.

After reviewing several Easements which were used in the past to acquire sites
from county commissions we noted many inconsistencies. For example, in some
instances all commissioners signed the instruments and in others only the
chairman and secretary to the board signed the instruments.

We would, therefore, appreciate your advice as to the correct format when
referring to the county commission as grantor, the signature blocks and the
acknowledgement. We are enclosing copies of our standard Perpetual and
Temporary Easement forms for your use in this matter.

We would also appreciate your comments as to whether or not two or more sites
could be acquired at the same time using only one Perpetual and Temporary
Easement.


Your response to this matter on or
appreciated.


FHM: dt
Enclosures


cc: R. C. Daniel
T. Fox
E. B. Meier
B. Whitman


before March 17, 1978 will be greatly












R.1

MAR 6 1978


By- ---




,TITfs instrumWent-wastpreipred -by: WI eaestatVeUls1 -
Soghwest Florida Water Management District SWF Parcel No.
r5060 U.S. HIghway 41 South
,Brooksville, Florida 33512 / 1
RLRobert L. Watson


I PERPETUAL EASEMENT


1. THIS INDENTURE, Made this _day of ,

19 by and between
hereinafter referred to as the Grantor, and the SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT, a public corporation created by the Acts of the Legislature of Florida

1961, as amended, whose mailing address is 5060 U.S. Highway 41 South, Brooksville,

Florida 33512, hereinafter referred to as the Grantee,

WITNESSETH:
2. WHEREAS, the Grantor is the owner in fee simple of a tract of land situated

in County, Florida, more particular described in

Exhibit A, attached hereto and made a part hereof:
S 3. NOW, THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other

valuable considerations, in hand paid by said Grantee to the Grantor, the receipt of

which is hereby acknowledged, the 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 drill, maintain and repair a well or wells for test purposes.
b. The right of access by SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, or its-

designated agents, to the well for the purpose of maintenance, performing hydrologic
data measurements and observation of water levels.

4. TO HAVE AND TO HOLD said rights and easement unto the Grantee and its assigns

forever, reserving to the Grantor the right to use said property in any manner which

is not inconsistent with the rights hereinabove granted, and provided specifically,

that the Grantor will avoid physically disturbing the well casing or cover (water

meter box) in any way without prior approval from the Southwest Florida Water Manage-

ment District.

5. The Grantor covenants that lawfully seized and
possessed of the above described real property, that the same is unencumbered, and

that ha a good and lawful right to sell

and convey same, and covenants to warrant and defend the title to the same to the
said Grantee against the lawful claims of all persons whomsoever.


_*iilj













6. IT IS SPECIFICALLY UNDERSTOOD and agreed that if the Grantee shall

abandon the aforesaid well, the Grantee shall reconvey the above describe property

to the Granto and, in addition, Grantor shall have the right to use said well or

the District hall plug said well.

7. IN WI NESS WHEREOF, this instrument has been executed by the Grantor, whose

hand and seal is affixed hereto, the day and year first above written.


Signed, sealed and delivered
in the presence of:

(SEAL)

(SEAL)

(SEAL)

(SEAL)


STATE OF

COUNTY OF

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

to me known to the person described in and who executed the foregoing instrument, a
acknowledgement before me thathe_ executed the same for the uses and purposes there
in expressed.
WITNESS my hand and official seal the date aforesaid.



NOTARY PUBLIC

My Commission Expires


(SEAL)


__




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