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carried. The Board directed the County Attorney to send a <br />letter to the City of Vero Beach advising that the County <br />does not desire to renew the existing franchise agreement <br />between the County and the City for the provision of <br />electric service in certain unincorporated areas of the <br />County. <br />13.C. STIPULATED FINAL JUDGMENT WITH WILLIAM E. RUTZ, TRUSTEE OF THE MARY <br />ALGENE RUTZ TRUST - OSLO ROAD IMPROVEMENT PROJECT <br />Deputy County Attorney William DeBraal provided description and conditions regarding <br />the County's acquisition through eminent domain of the old Cumberland Farms site for the Oslo <br />Road Improvement Project. He explained that the purchase had included a 30' easement owned <br />by a third party, William E. Rutz, Trustee of the Mary Algene Rutz Trust, and as negotiations <br />with Cumberland Farms have concluded, Mr. Rutz was left as the sole defendant in the lawsuit. <br />He thereafter provided staff's recommendation to return the easement to the Rutz family for <br />ingress and egress, and to pay their final expert witness costs of $28,625, in full and final <br />satisfaction of all matters in this case. <br />ON MOTION by Commissioner Davis, SECONDED by <br />Commissioner Flescher, the Board unanimously: (1) <br />approved the Stipulated Final Judgment with the Mary <br />Algene Rutz Trust; (2) authorized the Chairman to execute <br />an easement ingress and egress in favor of Rutz; and (3) <br />approved the payment of fees to the attorneys and experts, <br />as recommended in the memorandum of February 15, <br />2012. <br />February 21, 2012 31 <br />