2020-09-03 Ex 07
750 Park of Commerce Boulevard | Suite 210 | Boca Raton, Florida 33410
Telephone (561) 982-7114 | Facsimile (561) 982-7116 | www.nasonyeager.com
PALM BEACH GARDENS • BOCA RATON
MEMORANDUM
TO: City Council Members
City of Okeechobee
FROM: John J. Fumero, City Attorney
DATE: August 27, 2020
RE: Release of subsurface rights within Okeechobee Commerce Center
Landowner LD Okeechobee Properties, LLC, a Florida limited liability company, acquired
parcels (parcels 10, 11, and 12) via Warranty Deeds, attached hereto as Exhibit A, from the City
of Okeechobee (“City”) within the City of Okeechobee Commerce Center. In 2004, the City, in
an effort to subject certain real property within the Okeechobee Commerce Center to covenants
and restrictions to “establish uniform standards of development quality for light industrial,
commercial, research, and office parks” recorded a DECLARATION OF PROTECTIVE
COVENANTS, RESTRICTIONS, RESERVATIONS, SERVITUDES AND EASEMENTS
AFFECTING THE OKEECHOBEE COMMERCE CENTER (the “Declaration”), attached hereto
as Exhibit B. In addition, pursuant to Section 270.11, Florida Statutes, there is an automatic
reservation of an undivided three fourths interest in all the phosphate, minerals, and metals that
are, or may be in, on, or under said parcels, as well as an undivided one half interest in all of the
petroleum that is or may be in, on, or under said lands.
The landowner has requested two items from the City. First, a release of the reservation
of subsurface rights from the City. Second, an estoppel letter regarding the Declaration. I’ve been
advised that the City has historically routinely released these rights and that City staff has no
objection to the release of said rights and the estoppel letter regarding the Declaration for the above
referenced parcels.
Staff recommends releasing the reservation of subsurface rights within the Okeechobee
Commerce Center and issuing an estoppel letter regarding the Declaration.
JOHN J. FUMERO
E-MAIL ADDRESS:
jfumero@nasonyeager.com
OFFICE:
(561) 982-7114
FAX NUMBER:
(561) 982-7116
CELL:
(561) 315-4595
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Prepared by/Return To:
RELEASE OF RESERVATIONS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Okeechobee, State of Florida, did by Warranty Deed,
dated July 22, 2004, recorded July 23, 2004 in Official Records Book 537, Page 1525
of the Public Records of Okeechobee County, Florida (the “Warranty Deed”) conveyed
to:
Okeechobee Commerce Center L. C. C., Grantee
a certain parcel therein described, and subject to the automatic statutory reservations
for an undivided three-fourths interest in, all the phosphate, minerals, and metals that
are or may be in, on, or under the said land and an undivided one-half interest in all
the petroleum that is or may be in, on, or under said land with the privilege to mine
and develop the same (the “Reservations”) (the last record owner of the title to said
property now being LD Okeechobee Properties LLC), to-wit:
See Exhibit A attached hereto and made a part hereof
WHEREAS, the City of Okeechobee, State of Florida has determined that the
property described above is not necessary for any approved, designated or proposed
plan of or by the City of Okeechobee, State of Florida related to the Reservations and
that City of Okeechobee, State of Florida has approved the release and quit claim of
said Reservations to the extent hereinafter set forth; and
NOW, THEREFORE, the City of Okeechobee, State of Florida, for and in
consideration of the sum of Ten and NO/100 Dollars ($10.00) and the foregoing
considerations, has remised, released and quit claimed, and by these presents does
remised, release and quit claim unto said LD Okeechobee Properties LLC, with an
address of 1831 SW 7th Avenue, Pompano Beach, Florida 33060 its successors and
assigns forever, all the right, title, interest, claim and demand arising out of the
foregoing Reservations as contained in that certain Warranty Deed.
IN TESTIMONY WHEREOF, the said City of Okeechobee, State of Florida,
has hereunto, by its appropriate officers, subscribed their names and affixed the official
seal of said City of Okeechobee, State of Florida in the City of Okeechobee, State of
Florida on the _____ day of __________________, 2020.
City of Okeechobee, State of Florida
By:_________________________________
Dowling R. Watford, Jr., Mayor
Date: _____________, 2020
ATTEST:______________________________
Lane Gamiotea, City Clerk
(City Seal)
______________________________________
John J. Fumero, City Attorney
Approved as to form and
legality for use and reliance by the
City of Okeechobee
[notary shown on next page]
STATE OF FLORIDA )
) ss:
COUNTY OF OKEECHOBEE )
I HEREBY CERTIFY that on this ____ day of _________________, 2020, sworn
to and subscribed before me, an officer duly authorized in the State and County
aforesaid to take acknowledgements, by means of [__] physical presence or [__] online
notarization, by Dowling R. Watford, Jr., the Mayor of City of Okeechobee, State of
Florida [__] to me known to be the person described in or [__] who has produced
________________________________ as identification and who executed the foregoing
instrument and acknowledged before me that s/he executed the same for the purposes
therein expressed.
____________________________________
Notary Public State of Florida at Large
My Commission Expires:
EXHIBIT A
LOT 10, 11 AND 12, CITY OF OKEECHOBEE COMMERCE CENTER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7,
PAGES 10 THROUGH 14, INCLUSIVE, OF THE PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
AND
A STRIP OF LAND LYING IN LOTS 13 & 14, OF CITY OF OKEECHOBEE
COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 7, PAGES 10 THROUGH 14, INCLUSIVE, OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORTHWEST CORNER OF SAID LOT 13; THENCE SOUTH 00°16'17" EAST
ALONG THE WEST LINE OF SAID LOT 13, A DISTANCE OF 202.34FEET TO
THE POINT OF BEGINNING; THENCE NORTH 90°00'00" EAST, A DISTANCE
OF 669.48 FEET TO THE EAST LINE OF SAID LOT 13;THENCE SOUTH
00°36'51" EAST ALONG SAID EAST LINE A DISTANCE OF 0.16 FEET TO THE
EASTERLY MOST SOUTHEAST CORNER OF SAID LOT 13; THENCE SOUTH
01°46'17" WEST, THROUGH SAID LOT 14, A DISTANCE OF 64.87 FEET TO A
POINTON THE SOUTH LINE OF SAID LOT 14; THENCE NORTH 90°00'00"
WEST ALONG SAID SOUTH LINE, A DISTANCE OF 627.63 FEET TO THE
WEST LINE OF SAID LOT 14 AND A POINT ON THE ARC OF A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY (SAID POINT BEARS
NORTH 84°58'59" EAST FROM THE RADIUS POINT NEXT DESCRIBED
CURVE); THENCE NORTHWESTERLY ALONG SAID WEST LINE AND ALONG
THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, A DELTA OF
41°44'30" AND AN ARC DISTANCE OF 56.83 FEET TO THE NORTHWEST
CORNER OF SAID LOT 14; THENCE CONTINUE NORTHWESTERLY ALONG
THE WEST LINE OF SAID LOT 13 AND ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 78.00 FEET, A DELTA OF 14°11'22" AND AN ARC
DISTANCE OF 19.32 FEET; THENCE NORTH 00°16'17" WEST ALONG SAID
WEST LINE, A DISTANCE OF 3.64 FEET TO THE POINT OF BEGINNING
SITUATE IN THE COUNTY OF OKEECHOBEE, STATE OF FLORIDA.