Title
Release of Mineral Rights located at Tax Parcel 10848-020-043 (B)
This item is a request for approval and authorization to release Mineral Rights retained on a Cedar Grove property.
Explanation
On July 6, 2001, the City of Gainesville conveyed, by Special Warranty Deed, Tax Parcel 10848-020-043, located at 2235 Northeast 13th Avenue, to Viola T. Godbolt. Ms. Godbolt, now Viola T. Penny, has since decided to sell her property. The title company for the prospective buyer, Ruben Rivera, is requesting a Release of Mineral Rights from the City. Section 270.11(3), Florida Statutes, requires a municipality to reserve a three-fourths interest in all the phosphate, minerals and metals and an undivided one-half interest in the petroleum on land conveyances. The statue permits these interests to be sold or released upon petition of the purchaser and a statement of reasons for such release. The purchaser, through its attorney, has petitioned the City for release of said mineral and petroleum rights reserved pursuant to the statute.
Fiscal Note
Funding in the amount of $50 for administrative costs is available in the Public Works FY 2009 operating budget.
Recommendation
Recommended Motion: The City Commission: 1) approve the release of mineral and petroleum rights pursuant to Section 270.11(3), Florida Statutes; and (2) authorize the Mayor to execute, and the Clerk to attest a Quit-Claim Deed onto Viola T. Penny or Ruben Rivera, releasing all City interests, including all phosphate, minerals, metals and petroleum rights, subject to approval by the City Attorney as to form and legality.