Title
Release of Mineral Rights within Tax Parcels: 0859-010-001; 10859-010-002; 10859-010-003;10859 010-004, 10859-010-006; 10859-010-007 (Wal-Mart) (B)
This item involves Mayor authorization to execute a Release of mineral rights for Tax Parcels: 0859-010-001; 10859-010-002; 10859-010-003;10859 010-004, 10859-010-006; 10859-010-007 (Wal-Mart), that exist over previously released easement areas.
Explanation
In 1997, State of Florida Department of Transportation conveyed onto the City of Gainesville various lateral ditches, including one which the State acquired in 1951. In 1999, the City abandoned the use of the various lateral ditches and conveyed them onto the property owner, Camp and Fillmer, by Quit-claim Deed, with the exception of that one acquired in 1951. The City retained the mineral rights to all the lateral ditches in the Quit-claim Deeds. Camp and Fillmer have their property, including the areas of the lateral ditches, under contract to Wal-Mart for construction of the new Super Wal-Mart, east of Waldo Road. On February 16th, 2007, the Mayor executed a Release of Easement for that lateral ditch, acquired in 1951, Tax Parcels: 0859-010-001; 10859-010-002; 10859-010-003;10859 010-004, 10859-010-006; 10859-010-007 for construction of a Super Wal-Mart. Their title company is requesting a release of mineral rights, expressly, for all the areas of lateral ditches. This conveyance will clear a cloud on the title of the property released by the City. The Release document was prepared by Wal-Mart's attorney.
Fiscal Note
Funding in the amount of $200 for administrative costs is available in the Public Works FY 07 operating budget.
Recommendation
The City Commission: 1) approve the Release of mineral rights for Tax Parcels: 0859-010-001; 10859-010-002; 10859-010-003;10859 010-004, 10859-010-006; 10859-010-007 (Wal-Mart) for the abandoned lateral ditches and; 2) authorize the Mayor to execute the Release of mineral rights, subje...
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