HomeMy WebLinkAbout2003-291 Prepared by and return to : _F
Chester Clem. Esquire
Clem , Polackwich. Vocelle & Berg. L . L . P .
3333 20 Street
Vero Beach. Florida. 32960-2469
Courthouse Box 426
ACKNOWLEDGMENT AND STIPULATION
OF BOUNDARY LINE
The undersigned, INDIAN RIVER COUNTY, a political subdivision of the State of Florida,
as purchaser of real property in Indian River County from LOST TREE VILLAGE
CORPORATION, including riparian rights to said property, all as recorded in a series of Deeds as
follows :
1 . Special Warranty Deed dated January 31 , 2003 , from LOST TREE VILLAGE CORPO-
RATION to the CITY OF VERO BEACH, as to an undivided one-tenth ( 1 / 10) interest,
TOWN OF INDIAN RIVER SHORES, as to an undivided one-tenth ( 1 / 10 ) interest , and
INDIAN RIVER COUNTY, as to an undivided eight-tenth ( 8/ 10 ) interest , recorded
February 5 , 2003 , in Official Records Book 1561 , Page 0862 , Public Records of Indian River
County, Florida .
2 . Quit Claim Deed dated January31 , 2003 , from LOST TREE VILLAGE CORPORATION
to the CITY OF VERO BEACH, as to an undivided one-tenth ( 1 / 10 ) interest , TOWN OF
INDIAN RIVER SHORES , as to an undivided one-tenth ( 1 / 10 ) interest , and INDIAN
RIVER COUNTY, as to an undivided eight-tenth ( 8/ 10 ) interest, recorded February 5 , 2003 ,
in Official Records Book 1561 , Page 0868 , Public Records of Indian River County, Florida .
Pursuant to that certain Amended Final Judgment on Remand entered February 25 , 2002 , in
the matter of Lost Tree Village Corporation, Plaintiff, vs . Board of Trustees Of The Internal
Improvement Trust Fund, Case No . 99-0093 CAI -3, (" Amended Final Judgment" ) in the Circuit Court
of the Nineteenth Judicial Circuit in and for Indian River County, Florida, and for purposes of
removing any cloud on title ofthe property more particularly described below relative only to the East
Boundary Line (as hereinafter defined) hereby acknowledges, stipulates, and agrees that the East
Boundary Line ("East Boundary Line" ) of Tract 25 referenced in the Amended Final Judgment , is
located within the Indian River, and as shown on Exhibit A attached hereto , and that said East
Boundary Line does not traverse or encroach on ( I ) any portion of Lot 29 , Lot 30, or Lot 49 ( the
" Lots )" within the subdivision of Silver Shores , Unit No . 2 , according to the Plat recorded in Plat
- 1 -
r
Book 4 , Page 69, of Indian River County, Florida (" Silver Shores Plat" ) - and ( ii ) any portion of any
bulkhead easement area adjoining or abutting each of such Lots and designated as the Bulkhead Limit
10 ' ( B " Bulkhead Line" ) on said Silver Shores Plat .
The undersigned further hereby acknowledges , stipulates , and agrees that the East Boundary
Line, as shown on Exhibit A, hereto supersedes any and all other designations of said East Boundary
Line, and said Exhibit A shall satisfy the Amended Final Judgment Order for reformation of the legal
description of Tract 25 as said East Boundary Line affects said Lots, and shall be determinative and
final as to the location of said East Boundary Line in relationship to the Lots . Such Exhibit and this
Acknowledgment and Stipulation thereto may not be modified or amended in any manner except by
a writing signed by all of the undersigned and by all of the then owners of said Lots and the holders
of any mortgages on said Lots .
IN WITNESS WHEREOF, theundersigned has caused this Acknowledgment and Stipulation
to be executed this 4th day of November 2003 .
Signed , sealed, and delivered
in the presence of
JAVA I
Print Name� Kimberly E.MaAsunqBOARD OF COUNTY COMMISSIONERS ,
INDIAN RIVER COUNTY , FLORIDA
PrintNamec:�> Reta P1 _ Smith By :
As to County Ke th a t , airman
STATE OF FLORIDA BCC approved : 11 - 04 - 2003
COUNTY OF INDIAN RIVER
Sworn to (or affirmed) and subscribed before me this 4th da of November
OF
20037 by KENNETH R. MACHT, Chairman of BOARD COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA , on behalf of the County .
APPROVED As TO FORM
AND LEQ/11. iU#FICIENCY Notary Pub - State of Florida t Large .
�� Print , type, or stamp commission name of Notary
Public : Kimberly E . Massung
WILLIAM Q . COLLINS N Personally known : OR Produced Identifica-
COUNTY ATTORNEY X
tion :
Type of Identification Produced :
Ackn. & Stip. of Boundary - IRC .wpd tt� • ! r Kimbery E. Massung
;.r ;,: MYCOMMISSK)N # DD216503 EXPIRES
R= luy I5 2007
BONDED THRu TROY FAw INWRAKE INC
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