HomeMy WebLinkAbout2011-089 A TRUE COPY
CERTIFICATION ON LAST PAGE C>t1 / 05 / it
0 J . r, BARTON , CLERK
IN THE CIRCUIT COURT OF TFIE NINETEENTH JUDICIAL CIRCUIT 13
IN AND FOR INDIAN RIVER COUNTY , FLORIDA
CIRCUIT CIVIL DIVISION
INDIAN RIVER COUNTY, FLORIDA, a d y U
political subdivision of the State of Florida,
Petitioner,
Case No . : 312009 CA-012783
V . Parcel No . : 112 -Brown
JOHN F . MAROTTO , et al .
Defendants .
MMIEEDIATED SETTLEMVIENT AGRE EMIENT
At the Mediation Conference held on February 7, 2011 , the parties reached the
following Settlement Agreement :
1 . Petitioner will pay to Defendant, Phyllis J . Brown, individually and on
behalf of Lawrence J . Brown, the sum of $295 ,000 . 00 in full settlement of all claims for
compensation from Petitioner whatsoever, including statutory interest and all claims
related to real estate and business damages, if any, but excluding attorney ' s fees, experts '
fees , and costs . Said sum will be subject to claims of apportionment, if any. Petitioner is
entitled to a credit in the amount of $ 168 ,300 . 00 , said amount having been previously
deposited in the Registry of the Court in this case by Petitioner. Upon the satisfaction of
the terms and conditions of this Settlement Agreement and the entry of the Stipulated
Final Judgment in this matter, Petitioner will deposit in the Registry of the Court the sum
of $ 126 , 700 . 00 , representing the difference between the total settlement sum referenced
above and Petitioner ' s previous deposit referenced above .
2 . In addition to the settlement sum referenced in Paragraph 1 , Petitioner will
pay to Defendant' s attorney $ 51 , 500 . 00 in full settlement and satisfaction of all attorney ' s
fees and attorney ' s litigation costs incurred by Defendant in this case, including all fees
and costs related to monetary and non-monetary benefits and supplemental proceedings ,
if any.
3 . In addition to the settlement sum referenced in Paragraph 1 oft , is
Settlement Agreement, Petitioner will pay to Defendant' s expert witnesses
$40 , 500 . 00 in full settlement and satisfaction of all experts ' fees
and costs incurred by Defendant in this case .
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
4 . This Settlement Agreement is subject to and conditioned upon final
approval by the Indian River County Board of County Commissioners on or before March
22 , 2011 . Petitioner' s legal and administrative staff will recommend approval of this
Agreement to the Indian River County Board of County Commissioners .
5 . Counsel for Petitioner and Defendant will jointly submit to the Court
a mutually approved Stipulated Final Judgment containing the terms and conditions of
this Settlement Agreement within ten days following the final approval of this
Agreement by the Indian River County Board of County Commissioners ,
6 . As a condition of this settlement, Petitioner will convey by statutory deed
to Defendant, Phyllis J . Brown clear title to that certain 1 . 81 acres (mol) of property,
known as the Dawsey remainder, located immediately to the south of and contiguous to
Defendant Brown' s remainder property. Prior to Petitioner' s conveyance to Defendant,
Petitioner will, at Petitioner' s expense, demolish and remove the vacant house and debris
located in Petitioner ' s right of way on the former Dawsey property and remove all trash
and debris from the Dawsey remainder. At the time of construction of the subject road
project, Petitioner will adjust the median opening to line up with the southern driveway
connection on the Dawsey remainder.
7 . As a condition of this settlement, Petitioner will provide twenty palm trees
to Defendant Brown for Defendant ' s use as a buffer along the frontage of the Dawsey
remainder. Defendant Brown will pick up said palm trees from Petitioner and will install
said palm trees on the remainder property at Defendant ' s expense .
8 . This Settleme Agreement, dated February 21 , 2011 , contains all of the
agre inerts the ie
i . Christopher R. Mora on behalf of D fengint , Phyllis J. Brown, individually
Petitioner, Indian River County and on behalf of Defendant, Lawrence J .
Brown M,
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e Roux, Esq. Brent E . on, sq .
Att ey or Petiti Attorney for D ndan
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Attorney for Pet i toner Attorney for Defendant
William B . mith, Esq .
Mediator
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IN WITNESS WHEREOF , the undersigned have approved and executed this
Mediated Settlement Agreement on this 5 day of Apri12011 .
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,�'�` ° ° • • ' ••��Fea BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY , FLORIDA
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BY :
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r;A1 . , . AAt� ; • oBob Solari , Chairman
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BCC Approved : April 5 , 2011
Approved :
STATE OF FLORIDA
INDIAN RIVER- COUNTY
B`ykZ , . � � � l � � THIwISTOCERTIFY THAT THIS IS -
Jose eh A . Baird ATRUE AND CORRECT COPYOF
p TFI'E .t� fliQlNAt ON FILE INl1 H ! S-
i County Administrator oFFI > E
` = -JEFF EY Pt. 8 . - , CLERK
By, �wv. D . C .
Attest : Jeffrey K . Barton , Clerk of Court DATE ,//
By : L C
Deputy Clerk
Approved as to form and legal sufficiency
y
illiam K . DeBraal
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
OFFICE OF COUNTYATTORNEY
V
Alan S . Polackwich , Sr. , County Attorney-
William K. DeBraal, Deputy County Attorney 0
Brooke W. Odom, Assistant County Attorney t:` �_ ►C
�LORIO�'
November 4 , 2011
Mrs . Phyllis J . Brown
478566 th Avenue
Vero Beach , FL 32967
Re : Indian River County v . Brown
Case No . 3 2009 - CA-012783
Dear Mrs , Brown :
Enclosed for your records is the original County Deed recorded in Book 2532 , Page 34
of the Public Records of Indian River County , Florida which conveys to you the portion
of the Dawsey " remainder" property located immediately to the south of and contiguous
to your " remainder" property . The County conveyed this property to you in accordance
with the Stipulated Final Judgment .
Yours truly ,
W
William K . De raal
Deputy County Attorney
/nhm
enclosure
cc: Clerk to BCC
1801 271" Street, Vero Beach, Florida 32960-3365 • (772) 226 - 1424 1 Fax (772) 569 - 4317
2 17 1075
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK : 25 :12 PG : 34 Page1 of 2
10127/2011 at 02 : 27 PM , D DOC TAX PD
$ 0 . 70
JEFFREY Y K BARTON , ct ERK OF
COUNTY DEED
INDIAN RIVER COUNTY , FLORIDA
THIS DEED , made this 19th day of Sept , 2011 , by INDIAN
RIVER COUNTY , FLORIDA , a political subdivision of the State of Florida ,
party of the first part , whose mailing address is 1801 27th Street , Vero Beach ,
Florida 32960 , and PHYLLIS J . BROWN , a widow , party of the second part ,
whose mailing address is 4785 66th Avenue , Vero Beach , Florida 32967 .
WITNESSETH that the said party of the first part , for and in
consideration of the sum of Ten Dollars ( $ 10 . 00 ) to it in hand paid by the party of
the second part , receipt whereof is hereby acknowledged , has granted ,
bargained and sold to the party of the second part , its heirs and assigns forever ,
the following described land lying and being in Indian River County , Florida :
See Exhibit " A" attached hereto and incorporated herein
by reference
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be executed in its name by its Board of County
Commissioners , acting by the Chairman of said Board , the day and year
aforesaid .
INDIAN RIVER COUNTY , FLORIDA
By its Board of County Commissioners
Attest : Jeffrey K . Barton ,
Clerk of Court _
By : By : ✓ �� �,
Deputy Clerk Bob Solari , Chairman
BCC approved : April 5 , 2011
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( Official Seal ) �►��►;• •.,F9•,.
This document was prepared by :
Indian River County Attorney' s Office = * �
1801 27th Street ; f
Vero Beach , FL 32960 `,�o• . Q :
(772 ) 226 - 1425 '�9Qi9' of f. too $ *
`r• ~Y ` n VOA+ ' • P`�
APPROVED AS TO FORM `"" tlMtltlOMtl . Mtl +
.AND LEGAL SUFFICIENCY
BYA/
WILLIAM K. DESRAAL
DEPUTY COUNTY ATTORN5Y
IRC Job No . 0545
66th Ave . , from SR 60 to 571h Street
Dawsey Parcel , Remainder
T Croonquist , PSM
July 22 , 2011
LEGAL DESCRIPTION
A PORTION OF THE FOLLOWING 4PAGE 1877 OF HE PUBLIC BED RCEL OF DRECORDS OF INDIAN RIVE
ED IN OFFICIAL
RECORDS BOOK 229 , R COUNTY , FLORIDA .
F THE EAST 10 ACRES
"THE SOUTH 3 ACRES OF THE SOUTH 5 ACRTO HE LAST GENERALPLAT OF THE LANDS
N 19
TOWNSHIP 32 SOUTH , RANGE 39 EAST , ACCORDING
OF INDIAN RIVER FARMS COMPAOR DA , IIN PLAT B OK 2 , AOFFICE
T PAGE THE
OF ST . LUCIE COUNTY , FL 5 SAID LANDS NOW SITUATE , LYING
AND BEING IN INDIAN RIVER COUNTY , FLORIDA . "
BEING DESCRIBED AS FOLLOWS :
THE SOUTH 3 ACRES OF THE SOUTH 5 ACRES OF THE EAST 10 ACRES OF TRACT 9 , SECTION 19 ,
TOWNSHIP 32 SOUTH , RANGE 39 EAST , ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS
OF INDIAN RIVER FARMSLCOMPANY5 FILED IN THE OM DA IN PLAT BOOK 2 , AT PAGE 5TSAID LANDS NOW SI UATE , LYING
HE CLERK OF THE CIRCUIT COURT
OF ST . LUC [E COUNTY , F >
AND BEING 1N INDIAN RIVER COUNTY , FLORIDA .
LESS AND EXCEPT THE EAST 112 . 00 FEET OF THE ABOVE DESCRIBED LANDS , WEST LINE OF SAID
112 . 00 FEET BEING 192 . 00 FEET WEST OF THE EAST LINE OF SECTION 195 TOWNSHIP 32 SOUTH ,
RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS
COMPANY RECORDED N W SITUAOTE ,LYING AND BEING ININDIAN RILIC VEROCOUNTY5FLORI A .IE FY
FLORIDA ; SAID LANDS
C :\Documents and Settings\nancym\Local Settings\Temporary Intemet Files\OLK7\07 -22 -2011 PARCEL 113 REMAINDER-DAWSEY TO
IRC . docx