Subject:
Title
Approval, Re: Release of Reservation of Right of Entry for the Purpose of Exploration for Phosphate, Minerals, Metals, and Petroleum reserved in County Deed recorded in Official Records Book 6017, Page 656 and Corrective County Deed recorded in Official Records Book 6464, Page 1233 - District 1.
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Fiscal Impact:
None
Dept/Office:
Public Works Department / Land Acquisition Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve and authorize the Chair to execute the attached Release of Reservation of Right of Entry for the Purpose of Exploration for Phosphate, Minerals, Metals, and Petroleum.
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Summary Explanation and Background:
The subject property is located in Section 3, Township 23 South, Range 35 East, north and south of Perimeter Road and on the east and west sides of Grissom Parkway in Titusville.
On August 28, 2009, Brevard County conveyed real property by County Deed to Titusville-Cocoa Airport Authority, a special taxing district of the State of Florida as recorded in Official Records Book 6017, Page 656 and corrected in Official Records Book 6464, Page 1233, reserving certain mineral rights.
Staff have been contacted by Ryan Wood, Managing Director of Industrial Development and Acquisitions for Hines, who is developing Space Coast Innovation Park, an industrial development, which will be located on Titusville-Cocoa Airport Authority land via a ground lease with Hines as the lessee. Hines counsel has raised the presence of mineral rights as a title concern with lenders and tenants. Because of the significant investment being made for this development, Hines is requesting the County execute a Release of Reservation of Right of Entry for the Purpose of Exploration for Phosphate, Minerals, Metals, and Petroleum which will waive the County’s access rights to mine, develop, or extract minerals subsurface.
Pursuant to Section 270.11(2)(b), Florida Statute, local government may, at its discretion, sell or release reserved interest in any parcel of land, except that such sale or release shall be made upon petition of the owner of the parcel of land with a statement of reasons justifying such sale of release.
The User Department approves this request.
Clerk to the Board Instructions:
Upon execution by the Chair, the Public Works Department will contact the Clerk’s office to make arrangements to pick up the original executed Release of Reservation of Right of Entry for the Purpose of Exploration for Phosphate, Minerals, Metals, and Petroleum.