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TRINITY BAPTIST CHURCH FOI.BURTON~ GEOltGE & LOEFFLE,' P.A. '- Attorneys & Counselors at Law , 1411 SOUTfi BELCHE~ ROAD. P. O. BOX 5047 CLEARWATER, FLORIDA 33518 Phone: 531.8941 M E 5 5 AGE DATE 1974 R E PLY DATE: City of Clearwater 112 South Osceola Avenue Clearwater, Florida Att: Ms. Lampkin As per our telephone ~on'TPr- sation of June 18, 1974, enclosed herewith is an executed copy of the Termination of Easement regarding Trinity Baptist Church. SENT BY w. THOMPSON THORN, At:tc)rney at,r.awjmk ANSWERED BY ~ FORM NO. PKI02R.3 AVAILABLE FROM BUSINESS ENVELOPE MANUFACTURERS, INC. . BRONX, N.Y. . CLINTON. TENN. . MELROSE, PARK, ILL. . ANAHEIM, CALIF. LOT # 587907 . . I C[Y OF CLEARWATER Int department Correspon.nce Sheet , ....0: Mr. W. C. Stopher. Utilities Director FROM: M. J. Paroby, Asst. City Mgr. COPIES: Max ."We and R. G. WbUelle.4..... ...... -- SUBJECT: Termination of Easement .. Former Trinity Baptist Ch.urch Property DATE: June 10, 1974 Attached 18 a copy of corre.pondence received from W. Thompson Thorn In, attorney repre.enting Mr. James J . Pope, purchaser of the Trinity Bapt18t Church property on south Belcher Road, terminatina an easement that tho church granted to the City on March 16, 19'7. According to Mr. Pope, the City bas the right, as per the terms of the easement, to remove ita equipment and fixtures fl'om the property. Apparently thia. was a well site. Please let me know if you have any objections to termination of this easement and/ or if there 18 anythi.ng to be removed from the property. I I Fox, BURTON, GEORGE, LOEFFLER & HAWORTH, P. A. ATTORNEYS AND COUNSELORS AT LAW ROLAND FOX CLAYTON B. BURTON CRARLI!:S D. GEORGE DOUGLAS J. LOEFFLER ALl"RED H. HAWORTH HERBERT E. LANGJI'ORD. JR. BRANDT C. DOWNEY III June 5, 1974 U11 S. BELCHER ROAD IMPERIAL OFl"lCE CENTER POST OFFICE BOX 11047 CLEARWATER. FLORIDA 881118 TELEPHONE (813) 1181.8941 CABLE ADDRESS. FOXBURTON City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33515 Attention: City Council Re: Easement recorded in o. R. Book 1895, Page 511 Public Records of Pinellas County, Florida granted to City of Clearwater by Trinity Baptist Church Gentlemen: We are counsel to Mr. James J. Pope who is the purchaser of the Trinity Baptist Church property located on South Belcher Road, Clearwater, Florida. On March 16, 1967, the Trinity Baptist Church granted the above referenced Easement to the City of Clearwater for purposes therein contained. As part of Mr. Pope's agreement with the Church to purchase the property, the Church was requested to terminate said Easement and, thus, we are enclosing a copy of the recorded Termination of Easement. You will notice that said Termination was record- ed June 3, 1974 in o. R. Book 4178, Page 1489 of the Public Records of Pinellas Counuy, Florida. As per the terms of the Easement, the City has the right to remove all of its equipment and fixtures placed on the property during the term of the Easement. We would greatly appreciate your exercising that right at the earliest possible moment. We believe that the enclosed is self-explanatory and willr thus, not go into a protracted explanation of same. In the event you have any questions regarding the above, do not hesitate to contact my office. Your anticipated cooperation in this matter is greatly appreciated. ....---.., ~verY ruly ~' \. ~~t~M ~ . T)J6Mf~ 0 fib Attorney Law ,.-'-"- -~1 WTTIII:mkk cc: James J. Pope Enc!::losure CERTIFIED RETURN RECEIPT REQUESTED I TO: Mr. VI. C. Stopher, Utilities Director FROM: M. J. Paroby, Asst. City Mgr. COPIES: Max B"ttle and R. G. Whitehead.... """"--- ~ ciTY OF CLEARWATER Interdep.,tment Correspondence Sheet SUBJECT: Termination of Easement - Former Trinity Baptist Church Property DATE: June 10, 1974 Attached is a copy of correspondence received from W. Thompson Thorn III, attorney representing Mr. James J. Pope, purchaser of the Trinity Baptist Church property on south Belcher Road, ter rr:inati.ng an easement that the church granted to the City on 1ILarcb 16, 19$7. ' .According to :Mr. Pope, the City has the right. as per the terms of the easement. to remove its equipment and fixtures from the property. .Apparently thi1li. was a well site. Please let me kr,ow if you have any objections to termination of this easement and/ or if there is anything to be removed from the property. ~ I '. I' Fox. BURTON. GEORGE. LoEFFLER & HAWORTH. P. A. A'I'TORNBYS AND COUNSELORS AT LAW ROLAMD FOX CLA. YTON B. BOlITON CHARLES D. OBORO. DOtlOLAS .J. LOB"P'LBlI. ALFRED B. BA WOJtTII BEDBERT Eo LANOFORD. nL BRANDT Co DOWNK'r m June 5, 1974 UU S. BJU.C1IER ROAD JM1IEJUA.L OPJP'lCE CKNTBB 2'OST O....ICE BOX so..,. CLXAllWATXR. FLORIDA SSU8 TELEPHONE (SU) SSl.SUU CABLE ADDBBSS. 5'OXBtlRTOM City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33515 Attention: City Council Re: Easement recorded in o. R. Book 1895, Page 511 Public Records of Pine11as County, Florida granted to City of Clearwater by Trinity Baptist Church Gentlemen: We are counsel 'to Mr. James J. Pope who is the purchaser of the Trinity Baptist Church property located on South Belcher Road, Clearwater, Florida. On March 16, 1967, the Trinity Baptist Church granted the above referenced Easement to the City of Clearwater for purposes therein contained. As part of Mr. Pope I s agreement \dth the Church to purchase the property, the Church was requested to termi,nate said Easement and, thus, we are enclosing a copy of the recorded Termination of Easement. You will notice that said Termination was record- ed June 3, 19"'4 in o. R. Book 4178, Page 1489 of the Public Records of Pi~-.e1las County, Florida. Af: per the terms of the Easement, the City has the right to remo"e all of its equipment and fixtures placed on the property durillg the term of the Easement. We would greatly appreciate your exercising that right at the earliest possible moment. We be:lieve that the enclosed is self-explanatory and will, thus, nclt go into a protracted explanation of same. In the event you have any, questions regarding the above, do not hesitate to contact my office. Your anticipated cooperation in this matter is greatly appreciated.. './-' ~ /' Very ~rU~llYv/.vY(ours,\ ( / ,~' -'" Z(/ ~-~ )~~n\ '.''1;////,' 'i~>{" //1 /4:~Jl6~SO HORN" III . Attorney a' Law/ /" WTTIII:mkk cc: James J. Pope Enclosure CERTIFIED RETURN RECEIPT REQUESTED "" -,." ~ I I ... ' ..! .. ; , <~ ;\ i; . .' TE~lINATION OF EASEMENT .' ~ City of Clearwater June 3, 1974 112 South Osceola Avenue Clearwater, Florida Att: City Council Gentlemen: On March 16, 1967, Trinity Baptist Church granted the City of Clearwater an easement to the following described real property to wit: The South 30 feet of the North 47 feet of the East 35 feet of Lot 196, Morningside Estates, Unit 1, according to map or plat thereof as recorded in Plat Book 59, Page 59 of the Public Records of Pinellas County, Florida. for the purposes of permitting the City to use the described property together with the existing water wells, pumps and other fixtures thereon and to extract from the property such quantities of water as the City should desire. In addition, by the specific terms of the easement, in the event the City should completely discontinue the use of the easement and all the wells thereon for a period of six (6) consecutive months during any calendar year, the Grantor of the easement, Trinity Baptist Church, has the option' of terminating and revoking said easement absolutely and forever. However, the City has the right to remove all its equipment and fixtures placed on the property during the term of the easement, which right must be exercised promptly subsequent to termination of the easement. As best we can determine, the City has made little if any use of this easement since its inception, andr in any case the City has completely discontinued its use of this easement since 1970. Thusr in accordance with the terms of the easement, you are hereby notified that the Trinity Baptist Church is exercising its unqualified option under said easement to terminate, revoke and cancel the easement as of the date of this letter. Please remove iany and all equipment the City has placed on the real property as FOX. BURTON, GEORGE & LOEFFLER, P A ATTORNEYS AT LAW CLEARWA~-'~- ----. fLI' (J5 3-01 - ~O , i ~ ... ~ ...'1 I L' I~ I .. I .....'- . .! soon as possible and at least within thirty (30) days ~rom the date of this notice. We are forwarding a copy of this notice as the original is being recorded in the Public Records of Pinellas County, Florid4. For your information, the original easement is recorded in 10. R. Book 1895r Page 511 of the same Public Records. I I I jas parties to this TERMINATION OF EASEMENT as of the date of this jletter. 1 i I ! 'Witnesses: IN WITNESS WHEREOF we have set forth our hands and seals TRINITY BAPTIST CHURCH p U~ ~~ :1 !l :! il ilSTATE OF FLORIDA 'i Ii COUNTY OF PINELLAS II \1 ,j ~ : ~ ; il " \i 11 ,I il ~~ /2!~ PAUL CLONINGER ~tee Before me personally appeared HERMAN BAILEY, JR., HARRY :1 BENNETT, RONALD FRANK and PAUL CLONINGER known to me to be !i lithe persons described in and who executed the foregoing instrument, :, !I land acknowledged to and before me that they executed said instru- I iment for the purposes therein expressed. fj WITNESS my hand and official seal, this~q~day of ~ ' 1974. ~d~ N a~ PuOlic " :My Commission Expires: Nobry Pul,Ii... 5',,'.. of Florida at large My Commillion bpi,... F..b. 20, 1971 Bond..d by Americon Fire & Casualty Co. -:: /' -2- FOX. BURTON. GEOr~GE Be LOEFFLER. P. A ATTORNEYS AT LAW CLEARWA'rf":R, FLORID,., '\y 'i,O:- ~ I ii , :1 ..' I; I' I {0 n. r' (" r:' ( f"!., ~, I .,.,. ~ ~~ =-(' ~ ~...... ~ ~ ( ~ := ~.~ ~- C7 '>-, r.. t:7 :::: ~ [,f'J IIJ;"lJ' ~-.::1.B ~ ~ v G' ~..' ' .., ~ ~ ~t\\ 1: ff -n ~~0H ~ f. r- r-, ^-....' \ - 01 :x:~ ~ ~ '\1 ;:<I rn ~ ....:J. ;.I Cj, =0 ,.. ~t , ~ >::n~;r.-l (,!! c..;> ~ :l: \<" ....- c..> Q :c ~~< (;I ~ ~?<- ~ :::~ r . g ,. -t '. ~~ =.a Bl ,if': ' I 7407SS25 G. R.4178 PAGE1489 i i I i i . I -:");r..-.- ~ t ,.. l;Z: I m t '" ;;)- ~;1. i ,~ >..,... . ~ r 'J'~., I ;;, ~ "J'~ 1 ~ .:.) ~ ~ t :=\ L ;:.:~ ,; ...,. l:- .-, C>:- i. 1 c: )ow.._ i ~r.;; ~ I I I I , ! TE~1INATION OF EASEMENT City of Clearwater June 3, 1974 112 South Osceola Avenue .~ ~ li Cleanvater, Florida ~ ~ o ~ '-0 ,- .- Att: City Council .. ~ ~ ; Gentlemen: I II ;: :i " " Ii City of Clearwater an easement to the following described real Ij i I property to wi t: it It The South 30 feet of the North 47 feet of the II East 35 feet of Lot 196r Morningside Estates, II Uni t 1, according to map or plat thereof as 'I recorded in Plat Book 59, Page 59 of the Public I, Records of Pinellas County, Florida. ! I f th f" h C . t t th d . b d :1 or e purposes 0 permlttlng tel youse e escrl e Ii ' ',property together with the existing water wells, pumps and other On March 16, 1967, Trinity Baptist Church granted the fixtures thereon and to extract from the property such quantities I of water as the City should desire. In addition, by the specific Iterms of the easement, in the event the City should completely Idiscontinue the use of the easement ~nd all the wells thereon for I la period of six (6) consecutive months during any calendar year, Ithe Grantor of the easement, Trinity Baptist Church, hast~e optio~: I lof terminating and revoking said easement absolutely and forever. I iiHowever, the City has the right to remove all its equipment and Ii !lfixtures placed on the property during the term of the easementr I' I! 'lwhich right must be exercised promptly subsequent to termination 10f the easement. ,1 As best we can determine, the City has made little if , I any use of this easement since its inception, and, in any case the City has completely discontinued its use of this easement since 11970. Thus, in accordance with the terms of the easement, you are ihereby notified that the Trinity Baptist Church is exercising its !unqualified option under said easement to terrninater revoke and " 'I llcancel the easement, as of th.e date of this letter. Please remove and all equipment the City has placed on the real property as 'FOX, BURTON. GEOHGE IX LOEFFLER. p, A ATTORNEYS AT LAW CLEARWATEH FLORIDA . , i I . I , . 4' 'l"J(,J PI"~ J A no' L. f.. (0 ,t'.:J~ _'10 . !' I I I I I I soon as possible and at least within thirty (30) days from the Ii date of this notice. We are forwarding a copy of this notice as the original is being recorded in the Public Records of pinellas County, Florid i,For your information, the original easement is recprded in :, !: ::0. R. Book 1895, Page 511 of the same Public Records. :i r ~ I: ;1 'f I, IN WITNESS vlliEREOF we have set forth our hands and seals i: as partie s /lletter. ,I Ii ,I II I' jl . Ii l'h tnesses: ,I to this TE~IINATION OF EASEr~NT as of the date of this TRINITY BAPTIST CHURCH . , J.; II !! l{.)/ /!~ ~ ,;'11 51 f'0AJ.. II 'i II STATE OF FLORIDA il Ii COUNTY OF PINELLAS ) Ii '\1 P I! ,. il " !jBENNETT, ROiJALD FRANK and PAUL CLONINGER II it ;!the persons described in and who executed the foregoing instrument, " 'I dand _'<Z~9/ Tru~e , ','-1/, /1/';' . .' J _' .0' f ../ ' . .. c.<.n ~,/" {,"'--t~~......., ~,~~[-_., PAUL CLONINGER trustee B,~fore me personally appeared HEm-fAN BAILEY, JR., .HARRY known to me to be acknowledged to and before me that they executed said instru- " :. " :iment for the purposes therein expressed. I i .I i I ./ , ."~\....\'J ''', : '" "; I ;" ~,- ............. ."',. ! .. ". ''l ,"-::.. .' .~:.;:>:' ':,. '." " t ( ,J .}>;i:'::":'~ ":- "-"1 .. l. -. "1 ' . "" -. ~ \".>>-.." (.: :'! I' ...." . " . ""';;.~ '. '. .. " ,,- .", , t .' ,,: ".' I I " " ,I l-j II ! \'lITNESS my hand and official seal r this ';:;;~ldLaay of (/YI6tj , 1974. " ;i I, ,My Commission Expires: Nortlry r"Uir, Sto/', of flori;!" 01 hr<l~ My Commission Expiru Feb. 20, 197~ BoncJ,d by ^1T1~ri..on fire & Ca$ualty Ca, -2- j FOX. BURTON, GEORGE 8: LOEFFLER, P. I, I ~ ! ATTORNEYS AT LAW CLEARWATER FLORIDA ,fl' ~ "." 'If..., ','.. '.<0 ,. /,,/r.r,f.;.."" .. ., ~ - Ilf "'l -.;..- .. '. /' st.", OFrJiE/')---;., If~~ --t~~ 11:-;:::- I"'~\:/--"-. $ ~ ,~~:Z~l...tf~\ ':? ~ ~~ .::=r,c,: .~~'~':""I~~ ,~ ."0'" .'-,'.'" c-I' \.~ '::-'," ~/ ~~L~l\J;I,j , ~ ... ~~... io" ".-' "'.- ... C I '1' Y' OF CLJ~ARWATE:R POST OFFICE BOX 4746 CLEARWATER, FLORIDA 33518 J ul y 5, 1 974 PICOT B. FLOYD CITY MANAGER Mr. W. Thompsoc, Thorn III, Atty. 1411 So. Belcher Road P.O. Box 5047 C1earwatel'. Florida 33518 Dear Mr. Th',rn: This letter is in reference to yours of June 5, 1974, concerning an easement tha,t the Trinity Baptist Church granted to the City of Clearwater on March 16, l' 67 and recorded in O. R. Book 1895, Page 511 of public records of Pinellas County. Please. 'e advised that the Ci.ty has removed its property from the said easement and has no objection to termination of the easement. Sincere1Y".J: {f' . . i~ ' elf {,,''':Zli I".. ((...{,(l'" Michael J. Parob Assistant City Manager For Operations cc - City Clerk / City Engineer