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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT <br /> IN AND FOR INDIAN RIVER COUNTY , FLORIDA <br /> CIVIL DIVISION <br /> INDIAN RIVER COUNTY, <br /> a political subdivision of the State of Florida , <br /> PETITIONER , UCN : 312009CA010762XXXXXX <br /> v , CASE NO . : 2009 =0762 -CA05 <br /> CUMBERLAND FARMS , INC , a Delaware PARCELS , 45A, 45B <br /> corporation , as successor by merger to <br /> VSH REALTY , INC . , et al . , <br /> RESPONDENTS . <br /> STIPULATED ORDER OF TAKING AS TO RESPONDENTS CUMBERLAND FARMS , <br /> INC . and WILLIAM E . RUTZ , INDIVIDUALLY_ <br /> AND AS SUCCESSOR TRUSTEE UNDER AGREEMENT DTD 6/ 12/96 <br /> THIS MATTER came on to be heard by the Court upon the Joint Motion and <br /> Stipulation for Entry of Stipulated Order of Taking as to Parcels 45A and 45B ( hereinafter <br /> "Joint Motion and Stipulation " ) of the parties as set forth herein filed by the Petitioner , <br /> INDIAN RIVER COUNTY , a political subdivision of the State of Florida ( hereinafter , <br /> " COUNTY" ) , and the Respondents , CUMBERLAND FARMS , INC . , a Delaware <br /> corporation , as successor by merger to VSH REALTY , INC . ( hereinafter , <br /> " CUMBERLAND FARMS " ) and WILLIAM E . RUTZ , INDIVIDUALLY AND AS <br /> SUCCESSOR TRUSTEE UNDERAGREEMENT DTD 6/ 12/96 ( hereinafter , " RUTZ " ) , and <br /> it appearing that proper notice was first given to all Respondents , and to all persons having <br /> or claiming any equity , lien , title , or other interest in or to the real property described in the <br /> Petition , and the Court being fully advised in the premises , upon consideration , it is <br /> therefore , <br /> ORDERED AND ADJUDGED that : <br /> 1 . The Court has jurisdiction of this action , of the subject matter and of the <br /> Indian River County Resolution No . 2008 - 172 <br />