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Home My WebLink About2021-136IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 2021 -CA -000429 INDIAN RIVER COUNTY, FLORIDA A political subdivision of the State of Florida Petitioner M JOHNNY C. DENT, and JACKIE L. DENT, INDIVIDUALLY AND D/B/A DENT FAMILY MINIATURE HORSE RANCH Respondents Parcel 313 SETTLEMENT AGREEMENT AT MEDIATION (Parcel 313 only) The above-named Petitioner and Respondents have reached the following agreements in full and complete resolution of the above styled claim, which arises out of an eminent domain claim by the Petitioner against the property owned by the Respondents and located at 6890 69th Street, Vero Beach FL 32967, (Hereafter "Parcel 313") the legal description of which is included on exhibit A: 1. As part of the stipulated order of taking and final judgment the Parties agree to do the following: A. The Petitioner will pay to the Respondent the total sum of $45,000.00 (Forty - Five Thousand Dollars) for the full compensation of Parcel 313, including the part taken and any and all damages, which is to be conveyed to Petitioner by way of a stipulated order of taking and final judgment (Parcel 313 as shown on Exhibit A); and B. The Petitioner will pay the Respondent $10,000.00 in attorney's fees, including any non -monetary claims for fees; and C. The Petitioner will pay Respondent $20,000.00 in reimbursement for Respondent expert witness costs. 2. Within 20 days of the County Commission approving this Agreement as described herein, the Parties agree to do the following: a. The Parties will enter into a stipulated order of taking and final judgment incorporating the terms of this settlement agreement. 3. As part of the 69th Street project, Petitioner agrees to construct a drainage ditch in back of the proposed sidewalk along parcel 313, with the ditch starting at the east and west end of parcel 313 and ending at the inlet shown on the revised plans. 4. Petitioner agrees to construct a 20' wide concrete driveway to replace the existing driveway on Parcel 313, from the edge of the pavement to the back of the sidewalk, and a stabilized driveway to terminate 20' inside the property line, with the driveway to be sloped to the existing grade. Petitioner agrees to install a culvert under the driveway to allow water to drain laterally. Respondent will provide Petitioner with a right of entry to carry out the driveway construction. 5. Petitioner agrees that the 69th Street project adjacent to Parcel 313 will be built as per the plans attached as Exhibit B, said plans to be revised in accordance with the terms of this agreement. The revised plans will be attached to the stipulated order of taking and final judgment. 6. Upon entry of the stipulated order of final judgment Petitioner agrees to stake out the new boundary to allow Respondent to erect a fence. 7. This entire Agreement is subject to and contingent upon approval by the Indian River County Board of County Commissioners (Hereafter the Board). The Petitioner will put this Agreement on the agenda for the next available Board meeting and the County Staff will recommend Board approval of this Agreement. If the Board fails to approve this Agreement, then this entire Agreement is void. 9. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 10. The Petitioner will pay the entire cost of the mediation. 11. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 12. This agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. This agreement may be signed electronically, for example via DocuSign. 13. Other agreements: None Done and agreed to on this 16th day of August, 2021 in Vero Beach, Florida. INDIAN RIVER COUNTY, FLQRII Y \oP+.. WILLIAM P. DONEY, ESQUIRE Attest: Jeffrey R. Srrtifti:r Petitioner Circuit Court and CorriP i�'_ Counsel for P itio � 1�1 Deputy Clerk WILLIAM K. DEBRAAL, ESQUIRE Counr Petitioner se C JO NY ENT, Respondent DAVID HOLLOWAY, ESQUIR Counsel for Respondents JAPIE L. DENT, Respondent JOHNNY C. DENT and JACKIE L. DENT D/B/A DENT FAMILY MINIATURE HORSE RANCH IN WITNESS WHEREOF, the Board has executed this Settlement Agreement at Mediation as of the date approved below. BOARD OF COUNTY COMMISSION co^h�M�ssi'•� INDIAN RIVER COUNTY, FLORIDfk*:- BY: y?1 oma-. se . Flesch r, Chairman Approved September 14, 2021 Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: �- Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney Approved: By v . _" 'L-- Jason E.ro n County A 'nistrator N W E S [-E.:X.H::i:BIT "A" I INDIAN RIVER FARMS GO. PLAT BOOK 2, PAGE 25 (ST. LUCIE) 15 a- z� I-� U F- U L390600001015000003.0 LaTRACT 16 ORB 1045, PG 2370 PARS 313 -70' 23,100 SQ.FT. 0.53 ACRES TRACT LINE _ 1 60 30' TRACT 2 RiGfiC' OF 9Wf PARCEL SO_UTF{ LINE SECTION 6 —8q IS OF e R 2 689' 53"E - TRACT T THE NORTH AS RECORDED TN OFF�DICIAAL RECORDS OF THE BOOK 1045, P.00 AGE 2370, PUBLIC RECORDSNG �OF (INDIAN BED RIVER COUNTY, FLORlt)A. THE WEST 10 ACRES OF THE' EAST 20.245 ACRES OF TRACT 15, SECTION 4, TOWNSHIP 32' SOUTH. l%klQE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF 1NDIAN RIMER FARMS COMPANY FILED' 1N THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF -ST, L.UCIE C9UNTY, FLORIDA IN PLAT BOOK 2, PAGE 25 SAID LANDS NOW LUNG AND BEING IN INDIAN RIVER COUNTY, FLORIDA 0 200' nod CONTAINING. 23,100 SQUARE FEET OR 0,53 ACRES, MORE OR LESS. GRAP) d 8CaAM200' REVISION 1 18 0 1 — MO D LEGEND ),mo-o'vm mode under my suparttdon and fhet thb 1^94 des j SECTION LINE '- SiTRVEI'ORS NOTES —^ — EASEMENT UNE PROPERTY UNE 1) THIS IS. A SKETCH OF LEGAL DESCRIPTION .ONLY, NOT A B'OUND'ARY —"`— A PROPOSED RIGHT OF WAY REtRACEMENT SURVEY. Ea D61&70?. lo4U NO. 5�1-7t9�(• DEDICATION 2) THE BEARING BASE FOR. THIS SURVEY, IS THE SOUTH UNE OF SECTION RIGHT OF WAY UNE •6. SAID"UNE BEARS! SOUTH .89'22'53" EAST. P.O.C. POINT OF COMMENCEMENT 3) TN2 SCALE OF 'THIS DRAWING MAY HAVE BEEN DISTORTED DURING P.O.B. R/W POINT OF BEGINNING RIGHT OF WAY REPRODUCTION PROCESSES. ORB OFFICIAL RECORDS BOOK 4) THIS DRAWING.p BASED ON THE P.REUMINARY RIGHT OF WAY MAP FOR PG PAGE 66TH.AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED; BY INDIAN, RIVER COWNTY, TCE TEMPORARY CONSTRUCTION FLORIDA. EASEMENT ,.��G pEMFTF� f `` mss• Ny�d v 5178 STATE OF FLORIDA . 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