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ON LAW OFFICES SMITH. IIFAT11.-SbIITII & O'IIAIRM SHERMA14 N. SMITH -JR' October 3, 1973 GEORGE HEATH - CHARLES E. SMITH MICHAEL O'HAIRE THOMAS THATCHER JEROME- D. OUINN SHERMAN N. SMITH III Paul Burch, Esquire Burch, Collins & Padgett Post Office Box 5 Vero.Beach, Florida 32960 Dear Paul: P. O. Box 1030 VERO BEACH. FLORIDA 32960 TELEPHONE 567-4351 AREA CODE 305 SUITE 201 2205 14TH AVENUE I represent Indian River Farms Water Management District, who, together with the county, own a borrow pit legally described as Tract 3, Section 34, Township 33 South, Range 38 East, according to last general plat of Indian River Farms Company recorded in Plat Book 2, page 25, public records of St. Lucie County, Florida. The District originally owned all of this property and subsequently, on April 11, 1957, conveyed an undivided one-half interest to Indian River County. In the conveyance from the District to the County, the purpose was for each of the parties to jointly remove the earth on any and all public projects 'as shall be, from time to time, determined by the two owners. There is further provided that should the County dis- continue the use, the interest of the County in the lands shall revert and become the sole property of the District. This deed is recorded in Of- ficial Record Book 10, page 255, and a copy is enclosed. for your records. I have been informed that since the conveyance of the one-half interest to the County on April 11, 1957, the County has from time to time removed dirt from an approximate three to five acre site on this land. However, for other periods of time, the borrow pit has remained dormant and no dirt removed. The District has not removed any of the dirt for its use. There is a possibility that because of the discontinuance of use by the County, the property has reverted back to the District. -The District has plans to use this property as a water storage area to conserve water ire this area and for this purpose, would have to excavate to a sufficient depth to have a large reservoir area. The primary purpose of this storage area would be for storage of water for agricultural uses only, and it could not be used for recreational areas. The District would like to have an understanding and agreement with the County as to the use of the entire property and would like to define the respective interest of the District and the County in this land. In this connection, the District has met with Jack Jennings for some pre- liminary discussion on this, and to try to determine an understanding as to the use of the land by each party. The District proposes that it be allowed to excavate the fill, either by the District or contractors working with `the District on this tract, except as to the perimeter around the entire trach: approximately 150 feet wide, measured from the outside right-of- way of the District. yW. 3ti 9 a m° BO 18 SPA.cE 71