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13 b Attorney's Matters-B.CC 04.02.13 Ofc of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Atto;y�(—:D DATE: March 19, 2013 SUBJECT: Frederick D. Mensing, III, and Rita F. Mensing v. Indian River County, pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 31201 OCA075009 and Frederick D. Mensing, III v. Indian River County, Robert Solari, Gary C. Wheeler, Wesley S. Davis, Peter D. O'Brian [sic], William G. Collins, II, Robert Keating, Christopher N. Kirrie, Christopher William Kirrie, and Robert Chester Kirrie, pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 312012CA000976 BACKGROUND. In 1888, the Fleming Grant Plat was recorded which showed certain strips located between or over 5 acre lots. Neither the purpose nor the dimensions of the strips are stated on the plat, although they appear to be for street or roadway purposes. In 1915, the A.A. Berry Plat was recorded which "subdivides or re- subdivides" a portion of the Fleming Grant Plat (including the portion where the Mensing lot is located). The A.A. Berry Plat did not show the strips. The existence of these strips has been debated for many years. In 1990, Fred Mensing ("Mensing") and his wife acquired title to Lot 15 in the subdivision. In the same year, he allegedly acquired title to the strips through a quit claim deed following a probate proceeding. APPROVED FOR APRIL 2, 2013 Indian River Co. Approved Date B.C.C. MEETING—ATTORNEY'S MATTERS Admin. 3 Co.Atty. Budget3 f f j Department C N,TYATTORNEY Risk Management --- RlAaomej,DndalGenera10 CCAgenda hfemnsU�nsing 06(Pending Cases).d- 255