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Home My WebLink About2016-174 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. Plaintiff. vs. CASE NO.: 31-2012-CA-000937 KIM M. BLAIR, JAY SCOTT, CAROL SCOTT, and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendants. CONSENT FINAL JUDGMENT The Plaintiff, Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Board"), and Defendant, Indian River County, Florida, ("County") agree and consent to the entry of this Consent Final Judgment, and the Court, having reviewed the pleadings and the record, and being otherwise duly informed, does hereby ORDER AND ADJUDGE, as follows: 1. The Court has jurisdiction over the subject matter and parties to this action. 2. The Board is responsible for overseeing state owned lands and ensuring that they are managed in trust for the citizens of the State of Florida pursuant to Chapter 253, Florida Statutes, and the rules promulgated and authorized thereunder, Title 18, Florida Administrative Code. 3. The Florida Department of Environmental Protection ("Department") performs all staff duties and functions related to the administration of state lands as provided in Section 253.002, Florida Statutes. A TRITE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 4. Blue Cypress Lake is a navigable and non-tidal water body. 5. The County has a deed recorded in Deed Book 47, Page 507, Public Records of Indian River County, Florida for property abutting Blue Cypress Lake located in Township 32 South, Range 36 East, Indian River County, Florida. 6. The ordinary high water line of Blue Cypress Lake is the boundary between the County's property and the Board's sovereignty land. 7. The Board is the fee simple owner of all of the sovereignty land lying waterward of the ordinary high water line of Blue Cypress Lake, located in Indian River County, Florida. The County does not claim any interest to sovereignty land lying waterward of the ordinary high water line of Blue Cypress Lake. 8. The Board and County agree to the terms of this Consent Final Judgment to settle all claims raised in the Complaint filed in this case. As such, the Board and County submit themselves to the jurisdiction of this Court. 9. Judgment is hereby entered in favor of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (3900 Commonwealth Boulevard, Tallahassee, Florida 32399), and against the County (1801 27`h Street, Vero Beach, Florida 32960). 10. Within 10 days of entry of this Judgment, the County shall.quitclaim to the Board all sovereignty lands lying waterward of the ordinary high water line of Blue Cypress Lake within that parcel described in that Warranty Deed recorded in Deed Book 47, Page 507, Public Records of Indian River County,Florida, and submit the quitclaim deed to the Department's Division of State Lands, Negotiations Section, at 3900 Commonwealth Blvd., MS # 100, Tallahassee, FL 32399. See Exhibit 1) 2 A TRUE COPY CERTIr-ICATION ON LAST PAGE J.R. SMITH, CLERK 11. Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals. 12. The Board and County shall be responsible for their own costs and attorney's fees incurred in this action. 13. This Court shall retain jurisdiction to enforce this Consent Final Judgment by contempt or other appropriate sanctions. ORDERED in Indian River County, Florida this day of , 2016. PAUL B. KANAREK Circuit Judge 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK I,BOB SOLARI, AS CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY, FLORIDA, HEREBY AGREE AND CONSENT TO THE COURT'S ENTRY OF THIS CONSENT FINAL JUDGMENT WITHOUT FURTHER HEARING IN COMPLETE SATISFACTION OF ALL OF THE CLAIMS ARISING OUT OF THE COMPLAINT IN THIS CASE BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND DEFENDANT, INDIAN RIVER COUNTY, FLORIDA. THEREFORE, I MOVE THAT THE COURT ENTER THIS CONSENT FINAL JUDGMENT. 1��.. lJ �� e�Sg10PJEf?S'••. �� o:.ti`�•''•. • �' '•: Date: October 18, 2016 Bob Solari, as Chairman of the Board of Coun '2) ^ Commissioners for Indian River County, Flori.46, •.;NDlAN R11�;P. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY ATTEST: Jeffrey R. Clerk and Ccmptroller BY: De ty Clerk 4 A TRITE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, HEREBY AGREES AND CONSENTS TO THE COURT'S ENTRY OF THIS CONSENT FINAL JUDGMENT WITHOUT FURTHER HEARING IN COMPLETE SATISFACTION OF ALL OF THE CLAIMS ARISING OUT OF THE COMPLAINT IN THIS CASE BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND DEFENDANT, INDIAN RIVER COUNTY, FLORIDA. THEREFORE, THE BOARD MOVES THAT THE COURT ENTER THIS CONSENT FINAL JUDGMENT. Date: David Clark Director of State Lands, Division of State Lands State of Florida Department of Environmental Protection Copies to: Bonnie A. Malloy, Esq. Louis Vocelle, Esq. Harold Melville, Esq. Dylan Reingold, Esq. 5 A TRUE COPY CERTIFICATION ON LAST PAGE 'I•R• SMITH, CLERK THIS INSTRUMENT PREPARED BY AND PLEASE RETURN TO- Division of State Lands Negotiations and Litigation Support Section Florida Department of Environmental Protection 3900 Commonwealth Blvd.,Mail Station 100 Tallahassee,Florida 32399 QUITCLAIM DEED THIS QUITCLAIM DEED made this 18th day of October 2016, by and between INDIAN RIVER COUNTY,a political subdivision of the State of Flonda,party of the first part, whose post office address is 1801 2Th Street,Vero Beach,Flonda 32960, and BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard,Mail Station 108,Tallahassee,Flonda 32399-3000,party of the second part. WITNESSETH: That the said party of the first part,for and in consideration of the stun of Ten and no/100 Dollars($]0 00)and other valuable consideration, to it in hand paid by the said parry of the second part, the receipt whereof is hereby acknowledged,has remised,released and quitclaimed, and by these presents does remise,release and forever quitclaim unto the said parry of the second pan, all the right,title,interest,claim and demand of the said party of the first pan in and to the following described land,situate and being in the County of Indian River,State of Flonda,to wit: See Exhibit"A"attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, clann and demand whatsoever of the said patty of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of the second part. IN WITNESS WHEREOF,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,a political subdivision ofthe State of Florida (SEAL) �........ .�� By-Its Board of County Commissioners .�..• MISSID,♦/Egs,�•� APPROVED AS TO FORM �� f� :` •' ': AND LEGAL SUFFICIENCY By. Bob So as Charon a O: BY By DYLAN REINGOLD Jason E ro as Colin dmunstrator COUNTY ATTORNEY • ° o�+vRl,,`�co,` FICIAL SEAL) Attest: _ Jeffrey R.S Clerk of Co C troller BY: De , Cler Page 1 of 2 EXHIBIT"A" All those sovereignty lands lying water-ward of the Ordinary High Water Line of Blue Cypress Lake in Indian River County,Florida and within that parcel described as the North 800 feet of lot L of Fellsmere Farms Company's Subdivision of Township 32 South; Range 36 East, according to Plats filed in Plat Book 2,pages 18 and 21 of the Public Records of St.Lucie County.Florida, said parcel described in that Warranty Deed recorded in Deed Book 47, Page 507, Public Records of Indian River County,Florida. STATE OF FLORIDA .r......... STATE , INDIAN RIVER COUNTY . THIS IS TO CERTIFY THAT THIS IS v: J ;A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. REY R SfT}i,CLERK DATE '•�9?9i --s�� /! REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 2 of 2