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13.D. FREDERICK D. MENSING, III, AND RITA F. MENSING V. INDIAN RIVER <br />COUNTY, PENDING IN THE CIRCUIT COURT OF THE NINETEENTH <br />JUDICIAL CIRCUIT, CASE No. 312010CA075009 AND FREDERJCKD. <br />MENSING, III V. INDIAN RIVER COUNTY, ROBERT SOLARI, GARY C. <br />WHEELER, WESLEY S. DAVIS, PETER D. O'BRIAN fSIC], WILLIAM G. <br />COLLINS, II, ROBERT KEATING, CHRISTOPHER N. KIRRIE, CHRISTOPHER <br />WILLIAM KIRRIE, AND ROBERT CHESTER KIRRIE, PENDING IN THE <br />CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, CASE No. <br />312012CA000976 <br />Attorney Polackwich reviewed his memorandum of March 19, 2013 to provide history <br />and analysis on the Frederick D. Mensing III lawsuit against the County and the above parties. <br />He explained that Mr Mensing owns structures that sit upon a portion of land referred to in <br />Resolution 2008-043, in which the Board accepted the implied dedication of a 60 -foot strip (for <br />use as a public roadway) on the Fleming Grant Plat of 1888. Mr. Mensing is requesting that the <br />County release the portion of Resolution 2008-043 which encumbers those structures, thereby <br />affording him clear title to his property and the opportunity to get a reverse mortgage. Attorney <br />Polackwich noted that as a condition of the mortgage, Mr. Mensing would also have to settle the <br />Code Enforcement and Environmental code board liens on his property. He disclosed that after <br />preparing today's agenda item, he was notified that Mr Mensing has additional requests for <br />settling the lawsuit which include, but are not limited to, the County's forgiveness of the subject <br />liens, and rezoning the property to residential. <br />Fred Mensing, 7580 129th Street (Sebastian mailing address), provided to the Board a <br />copy of a fax (on file) sent from the County Attorney in 2008 to the Bank of America, and <br />elaborated on his allegation that the County's actions had defeated his ability to get a reverse <br />mortgage at that time. Mr Mensing provided further history regarding the 1888 Fleming Grant <br />Plat and 1915 A A Berry Plat (which subdivided a portion of the Fleming Grant Plat and did not <br />April 2, 2013 22 <br />Mt 143 PG 678 <br />