File #: 24-1972   
Type: Consent Agenda Status: Passed
File created: 10/7/2024 In control: Board of County Commissioners
On agenda: 11/5/2024 Final action: 11/5/2024
Title: Approve County Deed to Bowen Brothers, Inc. to release reservation of mineral and other rights from prior conveyance. (No fiscal impact)
Attachments: 1. County Deed - Release Mineral etc rights - Bowen Bros - Backup

SUBJECT

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Approve County Deed to Bowen Brothers, Inc. to release reservation of mineral and other rights from prior conveyance. (No fiscal impact)

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DESCRIPTION

The attorney for the owner of several large tracts of land located adjacent to Firetower Road in the Haines City area, Bowen Brothers, Inc., contacted the County to request the release of the County’s interest in certain phosphate, mineral, metal, and petroleum rights reserved against portions of the subject property.  Firetower Road is a County maintained roadway, portions of which were realigned over thirty years ago.  In conjunction with the realignment the County received additional right-of-way for the realigned segments and subsequently conveyed its fee interest in those portions of the original alignment which were no longer needed.  The above-mentioned rights were reserved automatically under Florida Statute when the County conveyed the property through a Quit Claim Deed dated June 9, 1992 and recorded in O.R. Book 3113, at Page 1955, Public Records of Polk County, Florida.  The owner’s attorney discovered the reservation through a title search conducted in conjunction with a pending sale of the property and requested they be released in order to facilitate the sale.  A County Deed was prepared which specifically releases the statutory mineral and other reserved rights, in the subject properties only, to the property owner.   

Approving the County Deed will release the County’s interest in rights, including mineral and petroleum, in the subject properties that may have been reserved by statute which remain vested in Polk County and will allow the property owner to move forward with the sale of the property.

RECOMMENDATION

Request Board approve the aforementioned County Deed.

FISCAL IMPACT

No fiscal impact.

CONTACT INFORMATION

R. Wade Allen, Director

Real Estate Services

863-534-2577