Minutes - 02.25.2020 - Special MeetingCity of Clermont
MINUTES
SPECIAL COUNCIL MEETING
FEBRUARY 25, 2020
The City Council met in a special meeting on Tuesday, February 25, 2020 in the Clermont City Council
Chambers. Mayor Ash called the meeting to order at 6:00pm with the following Council Members present:
Council Members Brishke, Travis, Bates, and Purvis.
Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe.
NEW BUSINESS
Item No. 1— Closed Litigation Sessions
Mayor Ash stated that the closed session was to be in regards to pending litigation between the City and
Steven Sprinkles. The meeting was being called in response to a request from the City Attorney. Those
present in the session will be the City Council, the City Manager, the City Attorney and the City's Litigation
Counsel.
A court reporter will be present in the closed session and a transcript will be made available after conclusion
of the litigation. The meeting will last approximately thirty (30) minutes, and the regular meeting of the
City Council shall take place thereafter.
Mayor Ash, with the consent of the Council, took the meeting into closed session.
Upon returning from closed session, Mayor Ash, with the consent of the Council, adjourned the special
meeting of the City Council.
City of Clermont
MINUTES
SPECIAL COUNCIL MEETING
FEBRUARY 25, 2020
ADJOURN: With no further comments, this meeting adjourned at 6:34 pm.
APPROVED:
Gail L. Ash, Mayor
ATTEST:
jae�ev(-
Tracy Ackroyd Howe, City Clerk
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IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT, IN
AND FOR LAKE COUNTY, FLORIDA
CASE NO.: 2017-CA-937
STEPHEN E. SPRINKLES,
Plaintiff,
Vs.
CITY OF CLERMONT, MANZELLA BUILDERS
AND REMODELING, INC., JIMMIE HARNED,
TROY TAYLOR, ALLAFAYE TAYLOR,
JUDE MEUS, MARIE GERALDE MEUS,
and BETTY ANNE BEVERLY,
Defendants.
***************************************************
CLOSED LITIGATION SESSION
DATE TAKEN: Tuesday, February 25, 2020
TIME: 6:04 p.m. - 6:33 p.m.
PLACE: Clermont City Hall
Planning Conference Room
685 West Montrose Street
Clermont, Florida 34711
REPORTED BY:
800.275.7991
SARAH J. EKERN, FPR
Court Reporter and Notary Public
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A P P E A R A N C E S:
DANIEL F. MANTZARIS, ESQUIRE
JOHN CONNER, ESQUIRE
OF: DSK Law
332 North Magnolia Avenue
Orlando, Florida 32801
(407) 422-2454
APPEARING ON BEHALF OF THE DEFENDANT CITY OF
CLERMONT
ALSO PRES E N T:
Tim Bates, Council Member; Gail Ash, Mayor; Diane Travis,
Council Member; Heidi Brishke, Council Member;
Jim Purvis, Council Member; Darren Gray, City Manager
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P R O C E E D I N G S
**********
MR. MANTZARIS: Okay. As you -- well, most
of you -- Mr. Purvis, I don't think you've ever sat
through a closed session before.
MR. PURVIS: No.
MR. MANTZARIS: This is one of the few times
that the City Council gets to meet in private.
It's for the sole purpose of discussing potential
settlement and litigation expense related to an
ongoing matter.
This is John Conner. He's the City's -- he's
a partner with Dean Ringers. They are the City's
assigned insurance -- for the insurance carrier.
They're defending the City in the matter of
Stephen Sprinkles versus the City of Clermont.
This is the court reporter, of course, Sarah.
She is going to get everybody -- what everybody
says down on the record. The way this works under
the law is that once the litigation is over, this
transcript from today's meeting will be available
for public dissemination, review, if the public
wants to see --
MR. PURVIS: But not until after the case is
settled?
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MR. MANTZARIS: That's correct, not until
after litigation is over. So that's why I want to
make sure we have a good record, please.
John is going to talk to you a little bit
about where we are. One of the reasons why we
wanted to have this closed litigation session is
because we do -- there is an offer on the table.
We wanted to make sure you're aware of that. Plus
we know there's been a lot of discussion that's
been going on in the community regarding some of
the matter, some of the facts, some of the -- maybe
the issues involved. And we wanted to make sure
you clearly understood where they were.
So with that I'll turn it over to John. And
then, of course, he'll give you a little update on
where we are and what the offer -- the pending
offer is on the table, which we can talk about.
And then you can ask questions.
MR. CONNER: Okay. Great. Yes?
MR. GRAY: Do you want us to introduce
ourselves so she has it? Would that help?
MR. MANTZARIS: Yeah. I'm sorry.
MR. GRAY: I'm Darren Gray. I'm the City
manager.
MS. BRISHKE: Heidi Brishke.
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MR. BATES: Time Bates.
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MS. ASH: Gail Ash, Mayor.
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MR. PURVIS: Jim Purvis.
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MS. TRAVIS: Diane Travis.
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MR. CONNER: All right. Thanks. Well, I'll
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tell you -- why don't we start with me kind of
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walking through the history of the case. And if
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you've got a question, just go ahead and shout it
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out. I think it's easiest that way.
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But so using the whiteboard over here,
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you -all, of course, I'm sure know West Lake, part
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of the Victory Pointe project.
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MR. GRAY: Victory Pointe.
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MR. CONNER: Right. And Minneola Avenue. So
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what has been controlling the legal -- am I --
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MR. MANTZARIS: You're good, John.
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MR. CONNER: The legal instrument that's been
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controlling of the sale of the property in this
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portion of downtown since 1926 is a plat that was
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first recorded back in Sumter County before the
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split. Now it's recorded here in Lake County. We
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call it the 1926 plat, just for ease of reference
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today. Okay?
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A plat is nothing more than a large survey.
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You have a piece of property. You have surveyors
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come out, and you get a boundary survey. That's
all a plat is, is just many, many parcels of
property. And then when you record it on the
public record, on the official record, it makes it
much easier to buy and sell land.
No longer do you have to have a surveyor come
out and monument it and have a legal description
with metes and bounds and all of this. Instead you
can just refer to the plat of downtown Clermont
recorded in 1926. I want to say this was in Plat
Book 8, Page 26, I think.
So now with a plat like this the way you make
it easy to buy and sell property is by identifying
property clearly. Okay? So this is only a small
portion of the plat because we're going to talk in
detail about it. But if you were to zoom back in
the plat, what you would see is all of the lots.
And they're in groups, clusters. They're like city
blocks. They're literally called blocks.
This is Block 95 we're dealing with. And
what I've tried to do is replicate Lot 7. The one
at issue is right here. That's the Sprinkles'
property.
So Sprinkles buys this property like
everybody else for the last century does. He buys
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it based on the plat. What the plat says is he is
buying Lot 7 of Block 95 of the 1926 plat. And the
plat identifies the property with these lines.
These lines all have laths on them to allow
surveyors to go out and verify these things.
But this is what the lot says -- what the
plat says the lot is. There's a line here -- well,
technically what happens is this is all one lot,
the whole block. But the deed cuts it in half. So
the deed talks about the north half of Block 7.
So a line in the middle. And you see there's
east and west boundary lines. These are on the
plat. The north boundary line is the southern edge
of the Minneola right-of-way on the plat. This is
what the plat tells us. The plat also has a curved
edge of this line going along the bounds of West
Lake.
This is what the plat has always said. Every
surveyor who has looked at this deed says this is
what they bought, from the right-of-way line of
Minneola Avenue down 150 feet on this side and down
some corresponding amount on this side. Here,
surveyors actually have to get out there and
estimate these things. Okay?
But what you should be hearing is that for
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the last century plus this piece of property has
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been bought and sold based on the 1926 plat. All
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of these properties have been bought and sold that
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way.
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What happened in our case, a few years before
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we get sued Mr. Sprinkles goes and buys this
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property from Manzella Builders. Manzella Builders
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doesn't sell -- let me be a little more clear.
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Yes, the deed refers to the plat.
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But Manzella Builders in my opinion got a
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little tricky. They went out and got their own
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survey. Didn't need to. They had the plat. But
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they had their own survey drawn. And for the first
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time ever this survey showed the lot lines
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extending north into this hashed area, north into
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what is marked as the lake on the plat.
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Manzella Builders drew the lot line all the
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way up to the right-of-way and then squared it off,
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effectively adding all of this area that was never
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bought by any of the preceding owners. That's how
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we get in this mess. Sprinkles buys the property
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not realizing in my opinion he's been had a little
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bit.
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MS. TRAVIS: Without title insurance?
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MR. CONNER: Can we get to that now?
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MR. MANTZARIS: Sure.
MR. CONNER: We don't know right now the
extent of the title insurance coverage. That's
something -- he's not a sophisticated investor. I
want to talk to him about that in his deposition.
It's been canceled a couple of times. But it's
going to be, I want to say, in the next 60 days.
Have I given you a date on that?
MR. MANTZARIS: No, you haven't. But he
did -- as I recall, they did tell us early on that
they had title insurance when they bought the
property.
MS. TRAVIS: So the title insurance company
is responsible for this mess, not us.
MR. MANTZARIS: As it relates to
Mr. Sprinkles.
MS. TRAVIS: Correct.
MR. CONNER: Right. On the back end --
MS. TRAVIS: Right.
MR. CONNER: -- if he loses.
MS. TRAVIS: Right.
MR. PURVIS: And Boyette and Cummins was the
title company?
MR. MANTZARIS: That is correct.
MR. CONNER: Yes.
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MR.
MANTZARIS: They handled the closing.
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They were
the closing --
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MR.
PURVIS: The neighborhood speaks very
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highly of
the whole situation on Nextdoor Neighbor.
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MR.
CONNER: So before they sue us he goes
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around to
try to quiet title with all of his
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neighbors
because what's going to happen and what
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has happened is a dispute between surveyors about
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what he's
really bought. He wants to make clear --
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MR.
BATES: Are you talking about Sprinkles?
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MR.
CONNER: Sprinkles, right. Sprinkles has
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an access
problem. Okay? Sprinkles' access was
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apparently in this area. And we all know this area
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is literally
gone. That area is gone. So he's got
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an access
problem.
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I can't
tell you the ins and outs of all of
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his quiet
title attempts, but he's essentially
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trying to
get in front of all of these other folks
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who could
claim ownership. Because this lot just
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below Sprinkles,
of course, its deed reads that
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it's the
southern 150 feet of Lot 7.
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So
there is a natural conflict between
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Sprinkles
and the southern homes. We're not part
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of any of
that. We're not part of any of that.
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Let
me try catch you up on where we are
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legal -theory -wise.
is that right?
MR. MANTZARIS:
Page 11
I think we have a total of 630;
Yes.
MR. CONNER: There's a lot going on here. So
I want to try to get it all out because I know
you're going to have questions. But if anything
pops in your head, please feel free to ask while we
go.
MR. GRAY: And, John, real quick if I could
tell them --
MR. CONNER: Sure.
MR. GRAY: The area where the hashed is, is
Victory Pointe now, just to let you all know.
MR. CONNER: Yes.
MR. GRAY: Victory Pointe is West Lake, and
you know it goes under Minneola Avenue. And that
corner is part of Victory Pointe now. So that's --
when he says they've lost access, because Victory
Pointe is there.
MS. TRAVIS: There's a little space there,
isn't there? Right here?
MR. CONNER: There is a little bit, but it's
not suitable for access. And the roadway is a
problem as well. And this curved line, which is
the southern edge of what was once West Lake, this
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is now all sheet piles, 20, 30 feet tall. So
there's a huge elevation to this as well.
So the litigation story involving us starts
out in my opinion slightly unsophisticated. There
are tort claims; in other words, they're saying
that we were negligent in doing this project, that
we trespassed.
These are claims that don't scare me because
this is, obviously, not an accident. There were
votes taken. This is an official act. This is a
planning level decision. The law says we're not
supposed to be liable for that.
We brought that to the judge last year. I
think it was a little much for him. He was
retiring. It was a three-hour hearing. About an
hour into it I looked up, and I could see that I
had lost him. It took us like four months to get
an order, something like that.
And the order came back just denied. It was
clearly not well thought out. It was just too
much, I think. We've got a new judge now. Haven't
been in front of him yet, but there was a
realignment at the beginning of the new year. So
we intend to be back.
They have since improved their claims.
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There's a new claim called inverse condemnation; in
other words, they brought a new claim called
inverse condemnation. Inverse condemnation is an
old, old common law claim. Essentially, what
they're claiming is that we exercised the power of
eminent domain improperly. Instead of going in to
condemn the property and paying just compensation,
their claim is we just took it. There's a lot of
talk about who owns the area marked as West Lake.
In the beginning all of the indications the
City had were that the City owned West Lake. The
tax roll said that. The property appraiser said
that. They went and got a title from them for the
fund, and they said it was City property.
So it's not like walking into this the City
had any warning signs that there was an issue here.
Okay? This is -- things do come up. But this --
there was no red flags here. Nothing at all.
So the claim with inverse condemnation is,
like I said, we've taken the property. If they can
convince the Court of that, we've got to pay just
compensation plus all their attorney's fees.
That's a big claim.
The issue of ownership, though, is central
here. Since we've done the discovery, we've had
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depositions, we went up to Tallahassee to the
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entity that owns State property and sat them down.
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And they say in no uncertain terms the State never
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owned West Lake.
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That matters to us because the only way for
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the City to own West Lake would be if the State had
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owned it and gave it to the City. The State owns
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navigable water bodies, large lakes, any lake
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that's connected to another. There's just not
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significant evidence to make Tallahassee believe
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this was one day -- well, at the day of statehood
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in 1845 this was not navigable. There's no
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evidence that it was navigable. Therefore, the
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State says the State never owned it; therefore, the
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State could not have transferred it to the City.
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So it seems clear the City doesn't own this
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hashed area. There are some trial judges for whom
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that would be an enough to sink us -- that's
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true -- even with the flimsiest of claims from a
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property owner. So there is a chance that this is
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a case that we'll essentially have to win in
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Daytona.
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In other words, my impression is that some
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circuit court judges especially those who end up
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putting out signs for re-election are at some level
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a political animal. So in those circumstances --
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those are the circumstances that can lead to a
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victory even though I think we have the manifest
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weight of the evidence on our side.
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So I want you to hear this. We are not going
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to be able to prove -- as things stand now, we're
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not going to be able to prove we own that disputed
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area.
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The other thing I hope you're hearing is they
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can't prove they own this disputed area. Every
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surveyor who has looked at their deed makes clear
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they bought the area I initially described below
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the lake edge. Some surveyors will contort
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themselves into odd interpretations, but none of
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them can ever get up into this disputed area.
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The only -- the interpretations that conflict
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with each other would put Sprinkles adverse to his
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southern neighbors. So, no, it does not appear
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based on what we know now the City owns the
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disputed property. But I also do not believe the
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plaintiff can ever show they bought the disputed
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property.
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In circumstances like this there's a few ways
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landowners can win their case. One of them
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requires a colorable claim of title, something
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recorded in the official records for more than 30
years. We're not even close to that.
MS. TRAVIS: When did they buy it?
MR. CONNER: 112, 2012. At least that's the
date of the survey. The closing date might be a
year or so off.
MS. TRAVIS: Did we already have our master
plan then?
MR. GRAY: No. The master plan was adopted
in 2015. And we started designing this in --
MS. TRAVIS: 114.
MR. GRAY: Well, the official adoption was
'15.
MS. TRAVIS: Official.
MR. GRAY: We started it in 114.
MS. TRAVIS: Okay.
MR. GRAY: And then we started designing
Victory Pointe in 2016.
MS. TRAVIS: Okay. And they bought it in
'12.
MR. BATES: And they were paying taxes on
that whole property the whole time?
MR. CONNER: No. The tax roll shows no taxes
were ever paid on that disputed property. There
has not been any taxes paid on that hashed area.
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That was marked as lake. Well, it's on the tax
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rolls but with a zero millage rate. So no taxes
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were ever paid. And we, the City, was marked as
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the owner.
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MR. BATES: Okay.
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MR. CONNER: So nobody paid taxes on this
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area. Their best guess on a legal theory of
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ownership is something called reliction. It's the
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idea that if you buy a house on a lake and slowly
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and perceptibly over time the lake dries up, that
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added land should be yours. Okay? But this
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requires a natural process.
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And the case law literally says it has to be
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slow and imperceptible over time. Well, we know
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that when this plat was recorded, there was no
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natural process going on because look at the map.
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There's a road going through a lake, a service road
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going through a lake.
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So this is clearly not a natural process. We
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have a photograph taken downtown from a hot air
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balloon that shows in the early 1920s the road
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literally on the dried lake bed. So this is --
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there's nothing natural about this.
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On top of that the only way for that legal
25
theory to work would be if there was water down on
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this -- on the curb line here at some point and it
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slowly went away.
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Sprinkles must have paid a lot of money to a
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surveyor by the name of Kimberly Buchheit. She
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publishes books. She's very articulate, knows her
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stuff. And she was the mouthpiece for this theory
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that slowly over time the water just went away.
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So I sat down for the better part of a day
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with a variety of topographic maps including FEMA
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maps and was able to -- over a period of hours to
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slowly back their expert into a corner by using
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these elevation maps and a few other techniques to
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where she had to agree that no water ever could
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have been in this area of West Lake. The
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topography doesn't allow for it.
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So maybe you think to yourself, well, how did
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this plat even get drawn? Well, back when Florida
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became a state, the feds send out surveyors. And
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that's rough work. It's hot work. It's a couple
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hundred years ago. It's not fun.
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So they were maybe a little quick sometimes.
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Even our surveyor isn't quite sure if there was a
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West Lake; and, if so, what was there? Was it a
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lake bed? Was it an actual water body? The survey
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just isn't detailed enough.
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These days they're much more sophisticated
with their nomenclature on surveys, and they've got
a key on the side that has all of these different
symbols. And if this had been drawn in modern
times, we probably would know what the actual
geographic features were. At least we'd have a
much better shot. Now we have absolutely no way of
knowing what the actual feature was. But, like I
say, their expert agrees water never could have
been here.
So by the end of the deposition she was
saying, yes, the theory of reliction -- their only
theory -- can't work. It's not possible. That's
when we went to the judge the first time and tried
to get the case thrown out. It was too --
MS. ASH: Complicated.
MR. CONNER: I think it was. Right. And it
was a Monday morning, and the judge wanted the
hearing on Monday morning from 9:00 to noon. And I
just thought to myself this is -- how do you
educate somebody with something as complex as this?
So I know we're short on time. But that was,
I think, as brief as I could spit this out.
MR. MANTZARIS: And that's good. So let's
have a couple questions.
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MR. PURVIS: I think you mentioned that we
now have sheet piling?
MR. CONNER: All along here.
MR. PURVIS: So, obviously, we have sheet
piling, we have water. When did the water appear?
MR. CONNER: A little bit of surface water.
Essentially what happens is -- and I'm speaking a
little bit out of my element here. But, as I
understand it, the idea is to make Victory Pointe
this beautiful park. We have to have stormwater
capacity. West Lake was almost always completely
dry.
MS. TRAVIS: It was a swamp.
MR. PURVIS: It was. That's my question.
MR. CONNER: Yeah. A little bit of standing
water kind of in the middle. It wasn't appropriate
for this kind of use. It had to be dredged up, and
the road had to be rebuilt as well.
MR. GRAY: That area that John is pointing
to, that is one of our first holding ponds. And as
it drains down there, it holds it to that pond.
And then it moves to the second phase and into the
natural third phase until it goes out to Lake
Minneola.
25 1 MS. TRAVIS: So now it has water.
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MR. GRAY: Right. So we created that area
2
for stormwater to --
3
MR. CONNER: And really changed the elevation
4
significantly to make it work.
5
MR. MANTZARIS: So any questions so far other
6
than that?
7
MR. BATES: Well, you said we had an offer on
8
the table.
9
MR. MANTZARIS: You need to get to that.
10
MR. CONNER: So the offer was conveyed in
11
writing twice, one day apart: One time for 1.6
12
million; one time for 1.8 million. I mean, 20
13
times what the property -- 10 times what the
14
property was bought for.
15
MS. TRAVIS: What do they want to do with
16
that?
17
MR. CONNER: What I'm being told by a
18
nonsophisticate who has never developed before is
19
that he was going to put a multiunit residence
20
here. He was --
21
MS. TRAVIS: It's not drawn for that, is it?
22
MR. CONNER: I don't believe it is.
23
MR. GRAY: He would have to come in front of
24
the City Council to get approval.
25
MS. TRAVIS: And this is our commissioner
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that owns this?
MR. CONNER: No, no, no.
MR. MANTZARIS: The commissioner and a couple
other folks have a contract to buy it. Sean Parks
and a couple of --
MS. ASH: Sean Parks?
MR. BATES: Somebody invested in --
MR. MANTZARIS: They have it under
contract --
MS. TRAVIS: The whole thing smells very
dirty.
MR. MANTZARIS: My understanding is that
there are several individuals, Sean Parks being one
of them, that have a contract to purchase this lot
from Mr. Sprinkles. And as you can hear from it --
as, Diane, you pointed out, Mr. Manzella came in
front of you at a meeting a couple meetings ago
because it's all going back -- arguably all going
back through the chain of title on this thing.
MR. CONNER: Mmm-hmm.
MR. MANTZARIS: And that's why he is -- was
somewhat aggressive with you trying to speak about
it because arguably he may be on the hook for those
folks.
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MR.
MANTZARIS: And the --
2
MS.
TRAVIS: Title insurance, that's what
3
it's for.
Sorry. Sell it all day long.
4
MR.
MANTZARIS: The issue, though, we want to
5
make sure
you clearly -- you understood that the
6
facts as
John has pointed out, at least the current
7
status in
this matter, shows one thing that the
8
plaintiff
has to -- correct me if I'm wrong. The
9
plaintiff
has to prove that they own this property
10
in the way
the case is currently formulated right
11
now.
12
MR.
CONNER: Correct.
13
MR.
MANTZARIS: For any -- even for the
14
inverse condemnation
claim.
15 MR. CONNER: Yes.
16 MR. MANTZARIS: They have to prove that that
17 property was improperly taken from them; meaning,
18 they had the right to own it basically. And they
19 can't do that based on -- so that's why we wanted
20 to make sure you understood the offers that are on
21 this.
22 So when you hear from individuals saying the
23 City needs to resolve this matter, the City needs
24 to settle this matter, the City is wrong, we don't
25 think we're wrong because we don't think they can
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prove the entitlement to it. Plus we've got -- the
best offer is $1.6 million --
MS. TRAVIS: Their title insurance needs to
take care of this.
MR. BATES: And they still claim that they
have title on it?
MR. MANTZARIS: Yes.
MS. TRAVIS: Good. That's what title
insurance is for.
MR. BATES: I agree with you.
MR. MANTZARIS: I know that's what you've
heard that they keep saying we keep showing the
City all this information that shows that we own
it. Well, they showed this information well before
John even knew where this property was located.
Because we met with them and the attorneys that
handled the closing early on, and they showed us
what John referred to as the sort of a HazMat
survey area.
MR. CONNER: Disputed area.
MR. MANTZARIS: But none of the title
companies recognize that, and nobody shows that.
MR. PURVIS: I think I need to share with
everybody in the room -- I've been told by
Sean Parks that he and, I'm assuming, Rocky and
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Page 25
1
maybe a couple of others have actually put some
2
money into this for legal fees.
3
MR. MANTZARIS: Yeah.
4
MR. PURVIS: So that's probably one of the
5
reasons why the offer on the table is as high as it
6
is. They're trying to recover some legal fees on
7
top of the value of the land.
8
MS. TRAVIS: Oh, boy. That's not going to
9
look good for him when it comes to the newspaper.
10
MR. PURVIS: That's all I know about it.
11
MR. MANTZARIS: And we need to wrap up real
12
quick. So I want to see if anybody else has any
13
other questions.
14
But, again, we do not -- we obviously have a
15
settlement offer on the table, which is one of the
16
reasons why we can have this meeting. We do not
17
think -- and, obviously, the City's insurance
18
carrier doesn't think that that's an offer that the
19
City could accept or should accept.
20
MR. BATES: No.
21
MR. MANTZARIS: The other problem with that
22
offer is the offer would be either to pay them cash
23
and then -- or to basically give them the property.
24
Well, we -- if you want to take part of the
25
position -- if you take the position that the State
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Page 26
1 is taking, which I don't necessarily agree with.
2 But if you take the position the State is
3 taking that the State never owned this property;
4 and, therefore, it could never have been the
5 City's, then we couldn't even -- if you take that
6 position, we couldn't even give them the property
7 because we don't --
8 MR. CONNER: Right.
9 MR. MANTZARIS: -- have the right to --
10 MS. TRAVIS: Right.
11
MR. MANTZARIS: So we couldn't even resolve
12
this stuff by giving them -- so the way this is --
13
and John -- where we are right now from the process
14
perspective is we're going to move forward, once
15
John completes the depositions, go back in front of
16
the new judge, argue some of these things, and
17
hopefully get a court to agree with us on the
18
summary judgment issue that the plaintiff's claim
19
it can't be successful, they can't win on their
20
existing claim.
21
So that's where we are.
22
MS. ASH: What about the properties around
23
it? I'm -- like where you have the 95 --
24
MR. CONNER: Right.
25
MS. ASH: -- written, what about that piece
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Page 27
1
north of that?
2
MR.
CONNER: There's been no other claims --
3
MS.
ASH: That's what I'm asking --
4
MR.
CONNER: -- aside from --
5
MS.
ASH: -- have there been any other
6
claims?
7
MR.
CONNER: -- the far west. And that was
8
resolved.
9
These folks had a couple more claims.
10
Remember I
mentioned if you have something that's
11
recorded on the public record that says you own it
12
for 30 years, that's what these folks have on the
13
west side.
14
MS.
ASH: And they lost?
15
MR.
CONNER: No. They won.
16
MS.
ASH: Oh, they won?
17
MR.
CONNER: They had -- we resolved that
18
very amicably.
19
MS.
ASH: Okay.
20
MR.
MANTZARIS: And I believe --
21
MS.
ASH: And I assume less than a million?
22
MR.
CONNER: Oh, yes. Oh, yes. It was very
23
low level.
24
MR.
MANTZARIS: I believe that where that 95
25
is, that's
a lot that Sprinkles just acquired.
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Page 28
MS. ASH: So now they're going to claim that
too?
MR. MANTZARIS: No, no. They have no claim
there. But I think that's part of --
MS. TRAVIS: I see. So they're trying to
attach to 7. Because I was going to say, even if
you gave them 7, they can't build on it. They have
no access -- but now if he bought 95, he's trying
to get to it.
MR. MANTZARIS: I think they're trying to
compile some properties together so they can --
MS. TRAVIS: Yeah.
MR. BATES: Is there anything we as the City
can do to help facilitate that, to give them access
to that piece?
MR. CONNER: It's all private land.
MS. ASH: Who owns the property next to it?
MR. CONNER: I could get you that answer, but
I don't know who. These folks have not been
involved.
MR. MANTZARIS: I don't know. We can
certainly look into that issue.
MR. CONNER: Sure.
MR. MANTZARIS: We've looked at --
MS. BRISHKE: What about on the other side?
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MS.
ASH: Is any of that area developed?
2
MR.
CONNER: Yes. Mostly single-family
3
homes.
4
MS.
ASH: It's single-family homes that I
5
know of around there.
6
MR.
BATES: So the whole thing is just a bad
7
situation
for everybody. I don't think anybody had
8
any malicious
intent with any of this.
9
MS.
TRAVIS: I think Sprinkles did.
10
MR.
BATES: You think it was malicious,
11
though? I
mean --
12
MS.
TRAVIS: Yes.
13
MR.
MANTZARIS: Well, we can't comment about
14
that. We're
not sure.
15
MR.
BATES: Yeah.
16
MS.
TRAVIS: We can't comment on that.
17
MR.
PURVIS: Is it premature to talk a little
18
bit about
a counteroffer?
19
MR.
CONNER: I think it is.
20
MR.
MANTZARIS: I think we would go through
21
this -- so what the process would be is that John's
22
group would
file a motion for summary judgment. If
23
we succeed on the motion for summary judgment, the
24
case goes
away.
25
If we lose on the motion for summary
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Page 30
judgment, in all likelihood the case goes to trial.
And at that point it might be worth it to talk
about --
MS. BRISHKE: We all come back to this room
and revisit it.
MS. TRAVIS: But they still can't do anything
on that property even if they wanted --
MS. BRISHKE: And that's why I wanted to know
who owned on the --
MS. TRAVIS: Because they'd have to come back
to us.
MS. BRISHKE: Yeah.
MS. ASH: And we're not going to let them
develop it.
MS. BRISHKE: If there's some relationship
with the lot on the right --
MS. TRAVIS: It's not zoned for what they
want to do.
MS. ASH: What do they want to do?
MS. TRAVIS: Some kind of multifamily. And
it's developed for single.
MR. MANTZARIS: Right. I'm sorry.
MS. BRISHKE: No. Just because earlier on
you said that it wasn't even accessible with the
section of the property that connected to Minneola.
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Page 31
1
So --
2
MR. CONNER: Right. The existing access is
3
in the disputed property, the formerly existing --
4
MS. BRISHKE: So if they were friends with
5
their neighbor, then maybe that wouldn't be a
6
problem.
7
MR. CONNER: Could be. My recollection is
8
that there's still a single-family home on this and
9
on the southern portions as well.
10
MR. MANTZARIS: Okay. All right.
11
MS. ASH: Do you need us to take any kind of
12
vote?
13
MR. MANTZARIS: No action. Can't take any
14
action.
15
MR. GRAY: That you -all agree with us
16
continuing the process that --
17
MS. ASH: Right. That's -- I mean, do we
18
need a motion of any kind?
19
MR. MANTZARIS: No. Can't take any action.
20
This is all basically --
21
MS. ASH: I'm just saying --
22
MR. MANTZARIS: No. Okay?
23
MR. BATES: I assume this is not supposed to
24
be discussed with the other parties involved?
25
MR. CONNER: Correct.
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Page 32
1
MR.
MANTZARIS: We're in litigation. Our
2
standing policy
on that is not to discuss the
3
matter.
4
MS.
TRAVIS: You already discussed it,
5
though?
6
MR.
GRAY: Well, he's talking about at this
7
meeting.
We shouldn't --
8
MR.
MANTZARIS: What we talked about at this
9
meeting.
10
MR.
BATES: Not just this meeting but
11
discuss --
12
MS.
TRAVIS: Not this meeting but discuss it
13
outside like
Jim did.
14
MR.
PURVIS: Yeah. Sean is the one that
15
approached
me.
16
MR.
MANTZARIS: That's our policy.
17
MS.
TRAVIS: But you're not supposed to talk
18
to them if
it's in litigation.
19
MR.
PURVIS: Didn't know it at the time.
20
MR.
GRAY: Right. He didn't know. I brought
21
him up to
speed on it. And the same thing with
22
Tim --
23
MR.
BATES: And I have too. I know some of
24
the people
involved personally.
25
MR.
GRAY: Heidi has gotten phone calls.
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Page 33
ng who they went to,
you too?
�u. So we're going to
concluded at
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C E R T I F I C A T E
STATE OF FLORIDA:
COUNTY OF LAKE:
Page 34
I, SARAH J. EKERN, Court Reporter, DO HEREBY CERTIFY
that I was authorized to and did stenographically report
the foregoing proceedings and that the transcript is a
true and complete record of my stenographic notes.
DATED this 23rd day of November, 2020.
17 SARAH J. EKERN, FPR
CERTIFIED COURT REPORTER
18
19
20
21
22
23
24
25
800.275.7991 Orange Legal
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[1.6 - bought]
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animal 15:1
1.6 21:11 24:2
7 6:21 7:2,10 10:21
anne 1:9
1.8 21:12
1:1
� 28:6,7
answer 2 18
1. 2
-
8
anybody 25:12
25:1
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apart 21:11
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apparently 10:13
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a ear 15:18 20:5
PP
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95 6:20 7:2 26:23
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1920s 17:21
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appraiser 13:12
1926 5:19,22 6:10
9:00 19:19
approached 32:15
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a
appropriate 20:16
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---
able 15:6,7 18:10
approval 21.24
-
20 12:1 21:12
absolutely 19:7
area 8:15,19 10:13
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2012 16:4
accept 25:19,19
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2015 16:10
access 10:12,12,15
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2017 1:3
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action 31:13,14,19
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actual 18:24 19:5,8
27:5,14,16,19,21
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added 17:11
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attach 28:6
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630 11:1
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avenue 2:3 5:14
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aware- 4:8
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bad 29:6
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based 7:1 8:2 15:19
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basically 23:18
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bates 2:9 5:1,1
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beautiful 20:10
bed 17:22 18:24
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behalf 2:5
believe 14:10 15:20
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betty 1:9
beverly 1:9
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block 6:20 7:2,9,10
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book 6:11
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bought 7:20 8:2,3
8:20 9:11 10:9
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[bought - day]
15:12,21 16:19
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boundary 6:17:12
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bounds 6:8 7:16
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boyette 9:22
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brishke 2:10 4:25
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buchheit 18:4
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buy 6:5,13 16:3
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buyer 22:25
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c
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ca 1:3
call 5:22
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17:8
calls 32:25
canceled 9:6
capacity 20:11
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carrier 3:14 25:18
case 1:3 3:24 5:7
8:5 14:21 15:24
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cash 25:22
catch 10:25
central 13:24
century 6:25 8:1
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certify 34:6
chain 22:19
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circuit 1:1,114:24
circumstances 15:1
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city's 3:12,13 25:17
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claim 10:1913:1,2
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claiming 13:5
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Page 36
contort 15:13�
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conveyed 2 1: 10
convince 13:21
corner 11:1718:11
correct 4:19:17,24
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corresponding
7:22
council 2:9,10,10
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counteroffer 29:18
county 1:2 5:20,21
34:3
couple 9:618:19
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25:1 27:9
course 3:17 4:15
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court 1:1,18 3:17
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coverage 9:3
created 21:1
cummins 9:22
curb 18:1
current 23:6
currently 23:10
curved 7:1511:24
Lcuts 7:9
d
d 3:1
daniel 2:2
darren 2:10 4:23
date 1:13 9:8 16:5
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[says - thought]
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FLORIDA RULES OF CIVIL PROCEDURE
Rule 1.310
(e) Witness Review. If the testimony is
transcribed, the transcript shall be furnished to
the witness for examination and shall be read to or
by the witness unless the examination and reading
are waived by the witness and by the parties. Any
changes in form or substance that the witness wants
to make shall be listed in writing by the officer
with a statement of the reasons given by the
witness for making the changes. The changes shall
be attached to the transcript. It shall then be
signed by the witness unless the parties waived the
signing or the witness is ill, cannot be found, or
refuses to sign. If the transcript is not signed by
the witness within a reasonable time after it is
furnished to the witness, the officer shall sign
the transcript and state on the transcript the
waiver, illness, absence of the witness, or refusal
to sign with any reasons given therefor. The
deposition may then be used as fully as though
signed unless the court holds that the reasons
given for the refusal to sign require rejection of
the deposition wholly or partly, on motion under
rule 1.330(d)(4).
DISCLAIMER: THE FOREGOING CIVIL PROCEDURE RULES
ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
THE ABOVE RULES ARE CURRENT AS OF APRIL 1,
2019. PLEASE REFER TO THE APPLICABLE STATE RULES
OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION.
VERITEXT LEGAL SOLUTIONS
COMPANY CERTIFICATE AND DISCLOSURE STATEMENT
Veritext Legal Solutions represents that the
foregoing transcript is a true, correct and complete
transcript of the colloquies, questions and answers
as submitted by the court reporter. Veritext Legal
Solutions further represents that the attached
exhibits, if any, are true, correct and complete
documents as submitted by the court reporter and/or
attorneys in relation to this deposition and that
the documents were processed in accordance with
our litigation support and production standards.
Veritext Legal Solutions is committed to maintaining
the confidentiality of client and witness information,
in accordance with the regulations promulgated under
the Health Insurance Portability and Accountability
Act (HIPAA), as amended with respect to protected
health information and the Gramm -Leach -Bliley Act, as
amended, with respect to Personally Identifiable
Information (PII). Physical transcripts and exhibits
are managed under strict facility and personnel access
controls. Electronic files of documents are stored
in encrypted form and are transmitted in an encrypted
fashion to authenticated parties who are permitted to
access the material. Our data is hosted in a Tier 4
SSAE 16 certified facility.
Veritext Legal Solutions complies with all federal and
State regulations with respect to the provision of
court reporting services, and maintains its neutrality
and independence regardless of relationship or the
financial outcome of any litigation. Veritext requires
adherence to the foregoing professional and ethical
standards from all of its subcontractors in their
independent contractor agreements.
Inquiries about Veritext Legal Solutions'
confidentiality and security policies and practices
should be directed to Veritext's Client Services
Associates indicated on the cover of this document or
at www.veritext.com.