City of Gainesville - File #: 100597.

• File #: 100597.
• Version: 0
• Name: Release of Phosphate, Mineral, Metal and Petroleum Rights at Regents Park and Commerce Building (B)
• Type: Staff Recommendation
• Status: Passed
• File created: 1/6/2011
• In control: City Manager
• Final action: 1/6/2011
• Title: Release of Phosphate, Mineral, Metal and Petroleum Rights at Regents Park and Commerce Building (B) This item requests the approval and authorization to release the phosphate, mineral, metal and petroleum rights reserved by the City on the Regents Park Condominium Phase I & Phase II properties and the Commerce Building Property.

Date	Ver.	Action By	Action	Result
1/6/2011	0	City Commission	Approved as Recommended	Pass

Title
Release of Phosphate, Mineral, Metal and Petroleum Rights at Regents Park and Commerce Building (B)

This item requests the approval and authorization to release the phosphate, mineral, metal and petroleum rights reserved by the City on the Regents Park Condominium Phase I & Phase II properties and the Commerce Building Property.

Explanation
Section 270.11, Florida Statutes, automatically acts to reserve unto local governments a three-fourths interest in all the phosphate, minerals and metals and an undivided one-half interest in the petroleum on land that is conveyed by the local government. The statute permits these interests to be sold or released upon petition with a statement of reasons for such release. Staff has received such petition from attorney Ramona M. Chance who is insuring title to one of the condominium units in Regents Park, stating that the reservation creates a cloud on the title that has been objected to by the attorney for the purchaser.

Because the chain of title for Regents Park also includes the Commerce Building property, Ms. Chance has requested a release for both projects. Prior to the development of these projects, the City deeded its interest in these lands to the Gainesville Community Redevelopment Agency in Official Records Book 2302, page 1166, Book 2416, page 554, and Book 3183, page 87. In turn, the Gainesville Community Redevelopment Agency deeded its interest to the developer, Gainesville Commerce Center Limited Partnership, in Official Records Book 2302, page 1168, Book 2377, page 501, Book 2416, page 556, and Book 3183, page 88.

Staff concurs with releasing the phosphate, mineral, metal and petroleum reservation over the entirety of both projects rather than being asked to provide multiple releases to individual unit owners over time.

Attorney Chance has petitioned the Gainesville Community Redevelopment Agency to provide releases, as that Agency appears in the chain of title as described above....