SUBJECT/RECOMMENDATION:
Title
Authorize hiring David Levin with the law firm Icard, Merrill, Cullis, Timm, Furen and Ginsburg, P.A., at the rate of $225.00 per hour not to exceed $30,000, for representation in the case of Bayesplanade.com, LLC v. City of Clearwater, Case No. 16-000697-CI, a Quiet Title action relating to certain submerged lands where William Blackwood is disputing the City’s ownership; approve a Legal Services Agreement; and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
In 1926, (TIFF Deed 17451), the Clearwater Island Bridge Company (CIBC) took title to submerged lands from the State. In 1934, (Deed Book 706, Page 387) the CIBC quitclaimed property, including the submerged lands in question, to the City.
In 1957, (Official Record Book 228, Page 513) the CIBC quitclaimed submerged lands to North Bay Company (predecessor in title to Bayesplanade.com, LLC). The lands described in this deed include lands that had already been conveyed from CIBC to the City by the 1934 deed.
In 2005, (OR Book 14614, Page 2319) North Bay Company quitclaimed its submerged lands to Bayesplanade.com, LLC. Once again the legal description included lands that were conveyed to the City in 1934, prior to North Bay’s ownership.
Clearwater’s title to the Disputed Property is first in time and superior to any claim of title Mr. Blackwood might assert. Mr. Blackwood’s predecessor-in-interest claims title via a 1957 Quit Claim Deed. The Disputed Property had been conveyed to Clearwater roughly 23 years prior to the 1957 deed which could not have contained the 5.888 acres because it had already been divested and conveyed to Clearwater.
The Plaintiff has filed a Motion for Summary Judgment which is scheduled to be heard on March 2, 2017.
Plaintiff’s Motion is based upon its interpretation of the 1934 deed. Its contention is that the 1934 deed conveyed only “upland” that extended eastwardly into the Channel of Clearwater Harbor, and that the failure of the deed to specifically include “submerged lands” is fatal to the city’s claim of prior title to submerged lands in dispute. Defendant’s position is that the 1934 deed’s conveyance of “all lands extending eastwardly to the Channel of Clearwater Harbor; together with all riparian rights” was meant to convey certain spoil islands that formed part of the old causeway and bridge from the mainland to Clearwater Beach. These islands no longer exist.
Defense of this action will require discovery. The depositions of William Blackwood, George Shimp and Bill Wallace (Clearwater Historical Society) will be need to be taken. Production of documents from the Pinellas County Appraisers Office has been received via a public records request. No doubt the need for further discovery will become evident as time passes.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 010-09600-530100-514-000-0000, to fund this contract.