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LETTER RE OPTION TO LEASE/JOHN S. TAYLOR III ) EX~\~1.' !~ 11 - 'r, w. B. JOHNSON PROPERTIES. INC. 2175 PARKLAKE DRIVE, ATLANTA, GEORGIA 30345.404 934.9700. CABLE "JOHNPROP" 'l'~~_~ CHAIRMAN OF THE BOARD February 6, 1980 The City of Clearwater City Ha 11 Clearwater, Florida 33516 Attention: Anthony Shoemaker, City Manager Re: Holiday Inn, Surfside North Gentlemen: The undersigned is the holder of an Option to Lease the property owned by John S, Taylor III, et aI, bounded on the north by Papaya Street; on the south by Marianne Street; on the east by Mandalay Avenue; and on the west by the Gulf of Mexico. As the Lessee under the Ground Lease covering the property, the undersigned intends to construct a hotel under a franchise agreement with Hol iday Inns, Inc. This letter is to set forth the undersigned's intentions for the publ ic in general to have the right of ingress and egress, pass and repass, over that portion of the property lying between the high water mark of the Gulf of Mexico and the sea wall located on the property, i.e., the beach area; however, the undersigned reserves thE; right to keep and maintain such area in a good, sightly condition, and further, the right to maintain security protection over such area together with other in- cidental rights of ownership provided such rights do not impede such right of ingress and egress in the public. Yours truly, W. B. JOHNSON PROPERTIES, INC. By: WBJ/p/ca ~... J- }t ",8D '~ , .- -, 1! \ ' .. -- ~ ~. - . .,,~----- ~ ..0 _-1, , . ~ ~'r}~ ,1-",.1 _ . ---'....Po:r~,. ~~ ~~~~:__ 1 ,_ ,.....-:-:i.J..~ I - , , " J / L -- -, '- -,- ....-..~~~...~":- . - ~ ~~- t Copies to: \ Commission , Press i Cit:-! Attorney ~ City Clerk \ Date FEB l 8 1980 February 8, 1980 ~. Richard Ludington, Director Division of state Lands/Department of Natural Resources 202 Blount street/Crown Building Tallahassee, Florida 32301 Subject: Notice of Intent to issue permits based upon private ownership of Beach lands. Dear Mr. Ludington: Application ,for building permits have been received by the City of Clearwater for construction of a structure land- ward of the Coastal Construction control Line on Lands Described as Follows: "Beginning at a point 850 feet north of the south boundary of Government Lot # 3, of Section 8, Township 29 South, Range 15 East, and running thence North 725 feet and extending from and being bounded on the west by the waters of the Gulf of Mexico and on the East by the v.raters of Clearwater Bay." According to Deed Book 32, Page 517, Pinellas County, Florida, filed March 15, 1927. Less several tracts SUbsequently deeded. Tax roles list,' the above property wi tb approximately 61 acres. Surveys, an Attorney's opinion and policies of $ 18 Million from two title insurance companies describe ownership of approximately lot. acres. The four ac~e discrepancy is due to substantiaJ. beach accretion since 1950.~' . . -~Exact cause-of the accretion is uncertain at present. The City constructed a Beach Nourishment Project in 1950, and constructed a Baffle-plate Pier (Pier 60) in 1952 whicb resulted in substantial beach accretion. Were these the entire_causes of accretion, it is reasonable to presume full title in private ownership. -~:-- -'- ........... . ._.,. r:.:-~ - r ........ ',,- . -:':"'~-~r..': ....:.: ---.: ~...... . .. '-~~:-:--~Z~~~'::~~__. -- ~ ~ " I Mr. Richard Ludington Page 2 February 8, 1980, However, during the same period (early 195~ts), ,the property owner coastru~ted several groins. If"}iaid g;r-oins ,caused' tlfif a-C'cre 1:"1.50. 1:.he S ta te- a-f .Flo,..i d;f may' ha. ve rea.s..on ...to disput.~,- ',fl tIe 1:0 the' oeachacreage ~ " The City makes no claims on said lands. However, presumption of ownership is pertinent to issuance of building permits. The State of Florida, Division of State Lands, 1s hereby notified the City of Clearwater presently regards ownership of the entire upland, herein discussed, to be in private hands and intends to issue bUilding permits accordingly: Should the State of Florida find cause to dispute title to a portion of these lands, notification should be provided the City Manager, City of Clearwater, P.O. Box 4748, Clearwater, Florida 32918, by 12:00 Noon, Friday, February 15, 1980. . . .~" '. ;.. .... . # :..... .. a.. .. --.... . ~~:' .:: ~ ~ .: -,:". .~. _.~.;~.~... '.~ ";,:'" .. .- .' ....' . -:. -4> ~-::-.: ':. , . , , \ " '-'~ - ....; :--~, . . . ~~".~::<~. :;-:".~-:."-~ .."