AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS

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1 AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT: Quit Claim Deed of Mineral Rights to GCDC DEPT/DEPT REQUEST: County Attorney BACKGROUND/DETAIL OF REPORT: GCDC is in the process of completing the refinancing of GCDC s bonds. As a part of the refinancing process, the new bond counsel performed research on the title of GCDC s property with regard to the mineral interests. As a result of the research, the bond counsel has determined that a Quit Claim Deed needs to be given by Glades County, as Grantor, to GCDC, as Grantee, specifically for the conveyance of the mineral interests in order to satisfy , Florida Statutes. Previously, a Statutory Warranty Deed was given by Glades County to GCDC which normally conveys mineral interests; however, under , Florida Statutes, a county has to specifically convey mineral interests in a Deed. As a result of the specific statutory requirement, Glades County now needs to convey the mineral interests under the GCDC property to GCDC by a new Quit Claim Deed. A Resolution approving the conveyance of the mineral interests by Quit Claim Deed is attached, together with the proposed Quit Claim Deed from Glades County to GCDC for the mineral interests. BUDGET IMPACT: Yes / No If Yes, how much? From where? N/A COORDINATION WITH: MOTION(S): To approve the Resolution authorizing Glades County s conveyance of all of the mineral interests lying under the GCDC property to GCDC by Quit Claim Deed. REQUEST BY: County Attorney Meeting Date: Tuesday, June 13, 2017

2 GLADES COUNTY, FLORIDA RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GLADES COUNTY, FLORIDA, AUTHORIZING A QUIT CLAIM DEED TO CONVEY MINERAL INTERESTS TO GLADES CORRECTIONAL DEVELOPMENT CORPORATION; PROVIDING FOR SCRIVENER S ERRORS; PROVIDING FOR CONFLICTS: PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Glades County, Florida has previously conveyed a parcel of land to Glades Correctional Development Corporation (GCDC) for the purpose of GCDC developing and operating GCDC s facilities; and, WHEREAS, GCDC is refinancing the bonds related to GCDC s facilities on the land previously conveyed to GCDC by Glades County; and, WHEREAS, Section , Florida Statutes, specifically requires the conveyance of mineral interests by a county such as Glades County when a county conveys real property; and, WHEREAS, in order to complete the refinancing of the GCDC bonds, a Quit Claim Deed issued by Glades County to GCDC is now required. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GLADES COUNTY, FLORIDA, that: SECTION 1. AUTHORITY. The Board of County Commissioners of Glades County, Florida is authorized to adopt this Resolution by Florida Law. SECTION 2. INCORPORATION OF RECITALS. The recitals set forth above are true and correct and form a part of this Resolution. SECTION 3. AUTHORIZATION OF GLADES COUNTY TO ISSUE A QUIT CLAIM DEED TO GCDC. Glades County, by and through the Glades County Board of County Commissioners, is hereby authorized to issue a Quit Claim Deed which specifically conveys Glades County s GL1623 / Page 1 of 3

3 mineral interests to GCDC for the real property that was previously conveyed to GCDC by Glades County pursuant to the Statutory Warranty Deed that was recorded in the Official Records of Glades County, at Official Records Book 250, Page 735. A copy of the Quit Claim Deed conveying Glades County s mineral interests to GCDC is attached hereto. The Chairman of the Board of County Commissioners and the other Officers of the Board of County Commissioners and of Glades County are hereby authorized to take all action necessary to issue, execute, and record the above referenced Quit Claim Deed which conveys the mineral interests of the subject real property from Glades County to GCDC for no additional consideration. SECTION 4. SCRIVENER S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the County Manager, or the County Manager s designee, without need of further decision making action by the Board of Commissioners, by filing a corrected copy of same with the County Clerk. SECTION 5. CONFLICT. Any provision of any Glades County resolution or regulation which is in conflict with the provisions of this Resolution is repealed prospectively to the extent of such conflict. SECTION 6. LIBERAL CONSTRUCTION. The terms and provisions of this Resolution shall be liberally construed to affect the purpose for which it is adopted. SECTION 7. SEVERABILITY. If any portion of this Resolution is for any reason held or declared to be unconstitutional, invalid or void, such holding shall not affect the remaining portions of this Resolution. If this Resolution shall be held to be inapplicable to any person or circumstances, such holding shall not affect the applicability of this Resolution to any other person or circumstances. SECTION 8. EFFECTIVE DATE. This Resolution shall take effect upon the adoption of this Resolution by the Board of Commissioners of Glades County, Florida. [NEXT PAGE FOR SIGNATURE] GL1623 / Page 2 of 3

4 The foregoing Resolution was offered by Commissioner, who moved its adoption. The motion was seconded by Commissioner, and being put to a vote, the vote was as follows: John Ahern Weston Pryor Timothy Stanley Donna Storter Long Donald Strenth This Resolution was duly passed and adopted this day of _, GLADES COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: John Ahern, Chair Richard W. Pringle, County Attorney ATTEST: SEAL: Sandra Brown, Clerk of Courts GL1623 / Page 3 of 3

5 This instrument prepared by or under the supervision of (and after recording should be returned to): Name: James A. Carenza, Esq. Address: Greenberg Traurig, P.A. 333 S.E 2 nd Avenue Miami, Florida (Space Reserved for Clerk of Court) Parcel I.D. Nos. A A00-001B-0000 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED is made as of the day of June, 2017, by GLADES COUNTY, a political subdivision of the State of Florida ("Grantor"), whose mailing address is P.O. Box 10, Moore Haven, FL 33471, to GLADES CORRECTIONAL DEVELOPMENT CORPORATION, a Florida not-for-profit corporation ("Grantee"), whose mailing address is P.O. Box 34, Moore Haven, FL W I T N E S S E T H: GRANTOR, for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, does hereby, without warranty, representation, or recourse, grant, bargain, sell, alien, remise, and quit-claim unto Grantee, and Grantee's heirs, successors and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to all oil, gas, mineral, phosphates, metals and other rights reserved by Grantor pursuant to Florida Statute , which were automatically reserved in the Warranty Deed from Grantor to Grantee recorded in Official Records Book 250, Page 735, in the Public Records of Glades County, Florida, in connection with the land, situate, lying and being in Glades County, Florida, to-wit: SEE EXHIBIT A [SIGNATURE CONTAINED ON NEXT PAGE] MIA v1

6 IN WITNESS WHEREOF, Grantor has executed and delivered this Quit-Claim Deed as of the day and year first above written. Signed, sealed and delivered in our presence: Witnessed: Print Name: GLADES COUNTY, a political subdivision of the State of Florida Print Name By: Name: Title: [CORPORATE SEAL] STATE OF FLORIDA ) COUNTY OF ) ) ss.: The foregoing instrument was subscribed acknowledged before me this day of June, 2017 by, as Chairman of the Board of County Commissioners of Glades County, Florida. He/She is personally known to me or has produced _ as identification. Notary: _ NOTARY SEAL Print Name: Notary Public, State of _ My commission expires: MIA v1

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