Agenda

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County Attorney's Report 9. 3.

BCC Regular Meeting

Action

Meeting Date:	08/02/2018
Issue: Brownsville Assembly of God Church Agreement With a Reverter Condition of the X Street Parcel Vacated by the County
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Brownsville Assembly of God Church Agreement With a Reverter Condition of the X Street Parcel Vacated by the County.

That the Board take the following action:

A. Approve and authorize the Chairman to execute the Agreement with a reverter condition of the X Street parcel vacated by the County;

B. Accept the attached letter from The Paces Foundation committing to allow pedestrian access from Gonzales and X Street through the property;

C. Authorize the correction of a scrivener's error in the legal description set forth in Resolution R2018-71, which was approved by the Board on July 5, 2018, and amend the sixth word in the second paragraph of the legal description from "easterly" to "westerly" to accurately reflect the area vacated by the Board; and

D. Approve an amendment to the release of the County's surface and subsurface rights associated with the retained fractional interest in the phosphates, minerals, metals and petroleum in that parcel to be conveyed by the County, and authorize the deed conveyed by the County to include the following paragraph:

GRANTOR RESERVES an undivided 3/4 interest in, and title in and to an undivided 3/4 interest in, all the phosphate, minerals and metals that are or may be in, on, or under the Property and an undivided 1/2 interest in all the petroleum that is or may be in, on, or under the Property, pursuant to Section 270.11, Florida Statutes; however, the foregoing reservation shall not include, and Grantor hereby releases, any right of access over and across the surface estate and any privilege to mine, develop or otherwise explore in, on or under the Property.

BACKGROUND:

On July 19, 2018 the Board referred this issue to the August 2, 2018 meeting. The Board approved the vacation of a portion of X Street as petitioned by Brownsville Assembly of God at its July 5, 2018 meeting.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Agreement
Draft Minutes -- July 5, 2018
Pedestrian Access Letter
Resolution R2018-71