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Item 8D-16-SPPR-269 Plat for 1251 Selva Marina CircleC I T Y O F A T L A N T I C B E A C H C I T Y C O M M I S S I O N M E E T I N G S T A F F R E P O R T A g e n d a I t e m 8 D F e b r u a r y 1 3 , 2 0 1 7 A G E N D A I T E M : 1 6 - S P P R - 2 6 9 R e q u e s t f o r p l a t a p p r o v a l a s r e q u i r e d b y C h a p t e r 2 4 , A 1 t i c l e 4 o f t h e C o d e o f O r d i n a n c e s a t S e l v a M a r i n a U n i t 1 , P a r t s o f L o t s 2 8 a n d 2 9 ( a k a 1 2 5 1 S e l v a M a r i n a C i r c l e ) . S U B M I T T E D B Y : D e r e k W . R e e v e s , P l a n n e r _ / ~ D A T E : J a n u a r y 2 7 , 2 0 1 7 S T R A T E G I C P L A N L I N K : N o n e B A C K G R O U N D : T h e a p p l i c a n t , L i n d a D u n l a p i s t h e o w n e r o f 1 2 5 1 S e l v a M a r i n a C i r c l e a n d i s r e q u e s t i n g t o r e - p l a t t h e i r 3 7 , 1 6 0 s q u a r e f o o t p r o p e r t y i n t o t w o s e p a r a t e p r o p e 1 t i e s . T h e p r o p e t t y i s l o c a t e d a t t h e e n d o f a c u l - d e - s a c i n t h e f i r s t u n i t o f t h e S e l v a M a r i n a d e v e l o p m e n t a n d i s w i t h i n t h e R e s i d e n t i a l S i n g l e - f a m i l y , L a r g e L o t ( R S - L ) z o n i n g d i s t r i c t . L o t 1 w o u l d h a v e a n a r e a o f 2 0 , 4 5 6 s q u a r e f e e t a n d L o t 2 w o u l d h a v e a n a r e a o f 1 6 , 7 0 4 s q u a r e f e e t . B o t h l o t s w o u l d h a v e a c c e s s t o S e l v a M a r i n a C i r c l e . T h i s p r o p e 1 t y p r e v i o u s l y c a m e b e f o r e t h e C o m m i s s i o n i n t h e f a l l o f 2 0 1 4 f o r p l a t a p p r o v a l . T h a t a p p r o v a l h a d a c o n d i t i o n t h a t t h e e x i s t i n g s t r u c t u r e b e d e m o l i s h e d w i t h i n 1 2 0 d a y s o f a p p r o v a l . T h a t d i d n o t o c c u r a n d t h e a p p r o v a l w a s n u l l i f i e d . T h e p l a t p r e s e n t e d t o d a y i s s l i g h t l y d i f f e r e n t f r o m t h e p r e v i o u s a p p r o v a l i n t h a t t h e d i v i d i n g l i n e h a s b e e n m o v e d a r o u n d a n d w o u l d r e q u i r e a n e w a p p r o v a l e i t h e r w a y . T y p i c a l l y , a d i v i s i o n o f l a n d r e s u l t i n g i n o n l y 2 l o t s c a n b e a p p r o v e d a d m i n i s t r a t i v e l y . T h i s i s n o t p o s s i b l e i n t h i s c a s e d u e t o S e c t i o n 2 4 - 2 5 6 ( a ) w h i c h r e q u i r e s a m i n i m u m o f 7 5 f e e t o f l o t w i d t h a t t h e B u i l d i n g R e s t r i c t i o n L i n e ( B R L ) . T h e l o t w i d t h a t t h e c u r r e n t p l a t t e d B R L i s l e s s t h a n 7 5 f e e t . R e - p l a t t i n g t h e l o t s w i t h g r e a t e r B R L s t h a t h a v e a t l e a s t 7 5 f e e t o f l o t w i d t h a t t h e n e w B R L s s o l v e s t h i s p r o b l e m . A s p a i t o f t h e r e q u i r e m e n t s o f S e c t i o n 2 4 - 2 5 6 ( a ) , p r o p e 1 t i e s m u s t a l s o m e e t t h e m i n i m u m s i z e r e q u i r e m e n t s o f t h e i r z o n i n g d i s t r i c t . W i t h i n t h e R S - L z o n i n g d i s t r i c t , t h e m i n i m u m l o t d e p t h a n d w i d t h a r e b o t h 1 0 0 f e e t a n d t h e m i n i m u m l o t s i z e i s 1 0 , 0 0 0 s q u a r e f e e t . B o t h o f t h e p r o p o s e d l o t s m e e t t h e s e r e q u i r e m e n t s a n d f a r e x c e e d t h e m i n s o m e a s p e c t s . T h e r e s u l t i n g l o t s a r e l a r g e r t h a n m o r e t h a n h a l f o f t h e r e m a i n i n g p r o p e r t i e s i n S e l v a M a r i n a U n i t 1 n e i g h b o r h o o d . T h e p l a t w a s h e a r d b y t h e C o m m u n i t y D e v e l o p m e n t B o a r d o n J a n u a r y 1 7 1 1 1 , 2 0 1 7 , w h e r e t h e y v o t e d u n a n i m o u s l y t o r e c o m m e n d a p p r o v a l w i t h t h e f o l l o w i n g c o n d i t i o n s ; 1 . ) T h a t t h e h o m e b e d e m o l i s h e d w i t h i n 1 8 0 d a y s o f J u l y 1 , 2 0 1 7 ; a n d 2 . ) T h a t t h e p l a t b e r e c o r d e d w i t h i n 1 y e a r o f C o m m i s s i o n a p p r o v a l . B U D G E T : N o n e . R E C O M M E N D A T I O N : T o g e t C o m m i s s i o n c o n s e n s u s t o m o v e i t e m 1 6 - S P P R - 2 6 9 f o r w a r d t o a P u b l i c H e a r i n g o n F e b r u a r y 2 7 , 2 0 1 7 . A T T A C H M E N T S : C o p y o f C D B s f ! T ; c o p y o f 1 6 - S P P R - 2 6 9 a p p l i c a t i o n . R E V I E W E D B Y C I T Y M A N A G E R : _ _ 1 , ~ ' 7 ' 1 S > ~ " - - f 2 ~ = - - - - - - - - - - - - ~ 8 . . . - - ' A AGENDA ITEM CASE NO LOCATION APPLICANT DATE STAFF Agenda Item 80 ~ e Fe bruary 13, 2017 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT 4.A 16-SPPR-269 Request for plat approval a$ required by Chapter 24, Article 4 of the Code of Ordinances at Selva Marina Unit 1, Parts of Lots 28 and 29 (aka 1251 Selva Marina Circle). 1251 Selva Marina Court Linda Dunlap January 9, 2017 Derek W. Reeves, Planner STAFF COMMENTS The applicant, Linda Dunlap who is the owner of 1251 Selva Marina Circle, is requesting to re-plat their 37,160 square foot property into two separate properties. The property is located at the end of a cul-de­ sac in the first unit of the Selva Marina development and is within the Residential Single-family, Large Lot (RS-L) zoning district. Lot 1 would have an area of 20,456 square feet and Lot 2 would have an area of 16,704 square feet. Both lots would have access to Selva Marina Circle. Thi s property previously c::r:~me before the Community Development Aoarrl in October of 7014, after a previous variance request that same year, for a similar re -plat that was recommended for approval to the City Commission with conditions . The Commission did approve the plat with conditions. One of the conditions was that the existing home be demolished or renovated in such a way that it is not made nonconforming by the division of land within120 days. This requirement was not met and the approval became void . The existing house is still standing so a similar cond i tion will have to be part of this approval if granted. The applicant has requested 180 days for demolition and one year for final plat approval. Typically, a division of land resulting in only 2 lots can be approved administratively. This is not possible ih this case due to Section 24-256(a) which requires a minimum of 75 feet of lot width at the Building Restriction Line (BRL). The lot width at the current platted BRL is less than 75 feet. Re-platting the lots with greater BRLs that have at least 75 feet of lot width at the new BRLs solves this problem . As part of the requirements of Section 24 -256(a], properties must also meet the minimum size requirements of their zoning distr ict. Within the RS-L zoning district, the minimum lot depth and width are both 100 feet and the minimum lot size is 10,000 square feet. Both of the pro~osed lots meet these requirements and far exceed them in some aspects . The image on the next page shows the propc;>sed division with the lot depth (blue line) and the lot width at the BRL (red line). Lot 1 had a depth of 232 feet and .a width at the ARI. of 96 feet. Lo t 7. had r~ dept h of l 67 f eet r~nd <~wid t h at the BR L of 75 fee t. Agend a Item 80Proposed Property Division February 13 , 2017 lOT 19 &l.'r'A UAA!UA \.O J I I f\.Af I!OG< :U, PACt ' I I~< \ ~i \ ll \ -------­ I" I ~~ \ ~~ I I I ,I 1\5.0' 1\f>.O \ I I I 1 1 I I I LDJ ZQ 9l..VI n.A1 000~ \ \ \ I I I I I I I I I I I -;­ 1 I I I I I I I I I I I •:' I \ I I I I I ~-~.......... ,-6;, I I~~'ll>a . ".. ~4-s I (;1.,.,?~.,. -9. 1'<• i I'fl>tu.l SqC!1 .. o#~.s... I I This re-plat is slightly different than the one approved in 2014, in that the dividing line has been shifted slightly and the front of Lot 1 has been widened. Even with these changes, Lot 1 at 20,456 square feet is still larger than 38 of the remaining 46 lots that comprise the original platted area of Selva Marina Unit 1. Though Lot 2 is smaller at 16,704 square feet, it is larger than 30 of those same 46 lots. All departments have reviewed the proposed plat and have no outstanding comments. Page 2 of 3 Agenda Item 80 February 13, 2017 SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of the requested Plat;.16-SPPR-269, at 1251 Selva Marina Circle within the Residential Single-family, Large Lot (RS-L) Zoning District with the condition(s) that: 1. The home be demolished within 180 days of Commission approval; and 2. The final plat be recorded within one year of Commission approval. finding that; 1. Approval of this Plat is consistent with the intent of the Comprehensive Plan; and 2. Approval of this Plat is consistent with the requirements of Chapter 24, Article 4. SUGGESTED ACTION TO RECOMMEND DENIAL The Community Development Board may consider a motion to recommend denial to the City Commission of the requested Plat, 16-SPPR-269, at 1251 Selva Marina Circle within the Residential Single-family, Large Lot (RS-L) Zoning District finding that; 1. Approval of this Plat is NOT consistent with the intent of the Comprehensive Plan; and for 2. Approval of this Plat is NOT consistent with the requirements of Chapter 24, Article 4. Page 3 of 3 Agenda Item 80 February 13, 2017 APPLICATION FOR REVIEW OF SUBDIVISION CONCEPT ]?LAN City of Atlantic Beach · 800 Seminole Road ·Atlantic Bench, Flol'ldn 32233·5445 Phone: (904) 247-5800 · FAX (904) 247-5805 · http://www.coab.us Date---------­ J. Applicant's Name L=lnc:..:d::..::a-=D:..::uc:..:;nlc::Jap"--------------------------­ 2. Applicant's Address P.O. Box 67. Blowing Rock. NC 28605 3. Propel'ty Location 1...,25...,1'-"S..,.ei.Llllv.... M,..aJ..Urln_...a._,.C.wlr""cl.,.e______________________..... a ..... 4. P•·ope1·ty Appl'alsc•·'s Real Estate Number""17.:....1:..::9..o.13=--..::..;oo:..::o..::.o__________________ 5. CUJ·rent Zoning Classification RSL 6. CompJ'ehensivc Phm Future Land Use designation _R_L__ 7. Size of Plli'Cel---''=87:....a=c:..:...re=s'---------­ Application fee of $150.00, as established by Section 24M69(7)c, must be included with this application. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signatu•·e of ownet•(s) ot· authorized person if ownea·'s authorization fom1is attached: Pl'intcd Ol' typed nnme(s); ......::S~e~e!...!At!.!!la""ch""e~d,______________________ Slgnntm·e(s): -----------------------------­ ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Greg S. Kupperman/Green & Kuppperman, Inc. Mnlllng Address: 200 First Street, Suite B, Neptune Beach, FL 32266 Phone: 904/241-6611 FAX: 904/241-2950 E-mail: gkupperman@200firslslreet.com Agenda Item 80 February 13, 2017 OWNER'S AUTHORIZATION FOR AGENT ----!:G~Jn~e::..:_~~')=..:..........,!L~~P{J.q~r..~..YYili.L..!><l.L.=...Lj/1-J""-'-"'e..:!I.J£~C..~..M~\''---!.~~.=.:.b.J..:.s"'-'("""~h,__,__ is hereby authotized to act on behalf of........... ---"=l='~~-1.-'.d~tA~})-~.L.-..>W=V\"-_..._kp~r--------------' the owner(s) of those l~:~nds described· within the attn.ched application, and as descl'ibed in the attached deed m· othet· such proof of ownership as may be required, in applying to the City of Atlantic Beach; Flol'ida, fm an application •·elated to a Development Permit or other action pursuant to: D Zoning Vat ·iance D Comprehensive Plan Amendment D Use-by-Exception D Zoning Map Amendment 0 Building permit lXI Plat, Replat or Lot Division 0 Sign Permit D Tree Permit ·o othe•·-----..,.----------------­ BY:'~~~~"""4-.---+------- PrmtNafne Y Signature of Owner Pl'int Name Telephone Number state or 1\)or-+\t Co.ro \'tno. County of U.x&-fGl )fjG (IVo\1) Signed nnd sworn before me on this 0 dny of, 20 _Lie;> sy L1(\do Duala p ldcntificntion verified: Dr\\Je.c s L't cc..ns~ ,---On-th --=----=--Yes----.V No /)~ ) ). ) ~swo-rn: HILAAI H HUBNER Notnry SignatureNOTARY PUBLIC Watauga County North Carolln.a .. My Commission expires: My Commission Expires..De\}. ~o. 2017 QUIT-CLAIM DEED TillS DOCUMENT PREPARED BY: TODD WATSON ATIORNI!Y AT LAW aurrn 1010. 711l BAYM!lADOWS WAY(II· 1AOOONVILLB, FLOI\IDA 3ll$9II) ll!LRPIIO!Ill (rol) 7311-9747 FLORIDA BARR 09Jill7 at 0. TillS INDENTURE, made this lOth day of October, 1996, between Howard G. Dunlap and Linda L. Dunlap, his wife, whose residential and mailing address is 1251 Selva Marina Circle, Atlantic Beach, Florida, 32233, as Agenda Item 80 February 13, 2017 Bk1 84&3 Pg; 590 -593 Doell 96B21300 Filed &Recorded10/21/91> 111111311 A.M. HENRY W, COOKCLERK CIRCUIT COURT DUVAL COUNTY, FL REC. $ 19;50DEED .70 TillS SPACB RESBRVED FOR OJilllCIAL USB ONLY Grantors, and Linda L. Dunlap, whose residential and mailing address is 1251 Selva Madna Circle, Atlantic Beach, Florida, 32233, as Grantee. WITNESSETH, that the Grantors, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration paid in hand to the Grantors by the Grantee the receipt of which is hereby acknowledged, does hereby remise, release and quit-claim unto the Grantee forever, all right, title, interest, claim and demand which the Grantors have in and to the following described real property, situate, lying and being in Duval County, Florida: DESCRIPTION OF THE PROPERTY: See Exhibit A attached hereto. Being the same premises earlier conveyed to the Grantors by an instrument dated September 1, 1982, recorded in the official records of Duval County, Florida, in Official Records Book 5563, Page 1333. To have and to hold the same together with all and singular appurtenances thereunto belonging or in anywise apperlaining to, and all the estat_e, right, title, interest, lien, equity and claim whatsoever of the said Grantors, either in law or in equity, to the only proper use, benefit and behoove of the Grantee forever. Page 1 of4 Agenda Item 80 February 13, 2017 9aok 8463 Pg 591 IN WITNESS WHEREOF, Howard G. Dunlap, Grantor, has signed this instrument on the day and year first above written. !ness'Signature ~no., K. Witness' Printed Name STATE OF FLORIDA COUNTY OF DUVAL ow1edged in my presence this 10th day of ls personally known to me or who has Identification. · .) ~~~ClO~,,,,,, Comm. No. co 28137J Page 2of 4 ~·~ OFriOIAL SEAL Jert,.y Todd Walton My Commlulon ExpJrMI April aa, 19117 Agenda Item 80 February 13, 2017 Book 8463 Pg 592 IN WITNESS WHEREOF, Linda L. Dunlap, Grantor, has signed this instrument on the day and year first above written. Witness' Printed Name STATE OF FLORIDA COUNTY OF DUVAL ~'f?~o Linda L. Dunlap, Grantor ~ The foregoing instrument was acknowledged in my presence this lOth day of October, 1996, by Linda L. Dun!a o is personally known to me or who has produced FDL#D541-526-45-7 0 denti 'on . ....u •• ~ltQ0 OFFICIAL SEAL Jeffrey Todd W I My Comrnltslon a .on Q.~!I'~' ApriJ 28, 19~lres ,.,..,., Comm. No. co 28t<l7a Page 3 of4 Agenda Item 80 February 13, 2017 Book 8~63 Pg 593 EXIDBIT"N' Lots 28 and 29, except those parts of Lots 28 and 29 lying South of a line 59.5 feet North of and parallel to the South line of said Lot 28, all in Block 1, SELVA MARINA, UNIT 1, as recorded in Plat Book 23, page 4 of the current public records of Duval County, Florida. Parcel Identification Number: 171913-0000 Pag\!4 of 4 ------------ Agenda Item 80 February 13, 2017 FirstAmerican TitlerM Commitment for Title Insurance ISSUED BY First American Title Insurance Company "---­--­" _... ,__ --- Schedu leA File No.: 16-13860 FATIC 2080-3626124 1. Effective Date: November 7, 2016 at 8:00 a.m. 2. Polley or Policies to be Issued: Proposed Amount of Insurance: a. owner's Polley (Identify form used) ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) $1,250,000.00 Proposed Insured: Todd Budnick and Christy Budnick, husband and wife b. Loan Polley (Identify form used) $TBD ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications) Proposed Insured: TBD c. ALTA Loan Polley of Title Insurance (6-17-06) (with Florida modifications) $ (Identify form used) Proposed Insured: Premium: $Total Premium 3. The estate or Interest In the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or Interest In the land Is at the Effective Date vested in: Linda L. Dunlap 5, The land referred to In this Commitment Is described as follows: See Schedule A (continued) Gilbraltar Title SetVioes By: ~----:--~~~___:_~-,------,------:~-~-=-::_ Authorized Countersignature (This Schedule A valid only when Schedule 81 & Blf are attached) Forms 5011612-A, Page 1 of9 ., ALTA Commitment (6·17-06) (with Florida modifications) 5011612-BI·STD, 5011612­ Bfi·STO (3·1·11) Agenda Item 80 February 13, 2017 Commitment for Title InsuranceFirstAmerican TitleTM 1----------Jssueo ov First American Title Insurance Company -~-..-------­ Schedule A (Continued) -~--1-----------·~-------------- File No.: 16-13860 The land referred to herein below Is situated In the County of DUVAL, State of Florida, and Is described as follows: Lots 28 and 29, except those parts of Lots 28 and 29, lying South of a line 59.5 feet North of and parallel to the South line of said Lot 28, all in Block 1 of SELVA MARINA UNIT NO.1, according to the Plat thereof as recorded in Plat Bool< 23, Page(s) 4, of the Public Records of Duval County, Florida. ALTA Commitment (6·17·06) (wllh Florida modifications) 6011612-Bf-STD, 5011612· BII-STD (3-1·11) Forms 5011612-A, Page 2 of 9 First American Title™ f-----~------ Agenda Item 80 February 13, 2017 Commitment for Title Insurance JssuEo ev First American Title Insurance Company f-------~~· ~----------+---------»--~-·------ ---1 Schedule Bl -------------------'---------------------··----_____) File No.: 16-1386D REQUIREMENTS The following requirements must be met: 1. Pay and/or disburse the agreed amounts for the interest In the land and/or the mortgage to be Insured. 2. Pay us the premiums, fees and charges for the policy. 3. Pay all taxes and/or assessments, levied and assessed against the land which are due and payable. · 4. The following documents, satisfactory to us, creating the Interest In the land and/or the mortgage to be insured must be signed, delivered and recorded: a. Warranty Deed conveying the land from Linda L. Dunlap, as a single person or joined by spouse, If married, to Todd Budnick and Christy Budnick, husband and wife. 5. Specific Inquiry of the current owner as to any existing mortgages on the property. 6. There appear of record numerous judgments and/or liens against the name Linda L. Dunlap, and/or variations thereof, filed of record. First American Title Insurance Company will require an affidavit In recordable form, referring to the property to be Insured, to be executed by Seller, reciting that there are no judgments and/or liens against him/her, and reciting that affiant Is not a debtor In bankruptcy. 7. If the amount of Insurance to be Issued exceeds the authority of the agent under the exlstrng Agency Agreement with the Company, the Company requires that the agent obtain specific underwriting approval from First American. 8. Written evidence, from appropriate governmental authorities of Atlantic Beach, Florida that Special Taxing District, City and County Special Assessment liens, MSBU Assessment Liens, Impact Fees, and Water, Sewer and Trash Removal Charges, If any, have been paid. 9. Note: The following Is for Informational purposes only and Is given without assurance or guarantee: 2015 taxes show PAID. The gross amount is $9,576.20 for Tax Identification No. 171913·0000. ALTA Commitment (6-17·06) (with Florida modifications) 5011612·61-STD, 5011612· BII·STD (3·1-11) Forms 5011612•A, Page 3 of 9 Agenda Item 80 February 13, 2017 10. NOTf:: The following conveyance(s) have been recorded within the last 24 months: None 11. Proof of payment of 2016 Taxes payable ln the gross amount of $9,782. 16; assessed value $426,742.00; no exemptions. ALTA Commitment (8-17·06) (with Florida modifications) 5011 812-BI·STD, 6011812v BII·STD (3·1-11)IForms5011612·A, Page4 of9 Agenda Item 80 February 13, 2017 ----------~.--~------------------· Commitment for Title InsuranceFirstAmerican Title™ 1------------­lssueo BY First American Title Insurance Company ------~--------1--------------- Schedule Bll File No.: 16-1386D EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: ·1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing In the Public Records or attaching subsequent to the Effective Date but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Any rights, interests or claims of parties In possession of the land not shown by the public records. 3. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land. 4. Any lien, for services, labor or materials In connection wlth Improvements, repairs or renovations provided before, on, or after Date of Polley, not shown by the public records. 5. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that Is, at Date of Policy, or Was previously under water. 6. Taxes or special assessments not shown as liens in the public records or In the records of the local tax collecting authority, at Date of Polley. 7. Any minerals or mineral rights leased, granted or retained by current or prior owners, 8. Taxes and assessments for the year 2017 and subsequent years, which are not yet due and payable. 9. NOTES FOR STANDARD EXCEPTIONS: Standard Exceptions for parties In possession, for mechanics liens, and for taxes or special assessments not shown as liens In the public records shall be deleted upon receipt of an acceptable Non­ Lien and Possession Affidavit establishing who is In possession of the lands, that there are no liens or encumbrances upon the lands other than as set forth In the Commitment, that no improvements to the lands have been made within the past 90 days or are contemplated to be made before closing that will not be paid In full, and that there are no unrecorded taxes or assessments that are not shown Forms 5011612-A, Page 5 of9 ALTA Commitment {6·17·06) (with Florida modifications) 5011612·81-STO, 5011612· BII-STD (3·1·11) Agenda Item 80 February 13, 2017 as existing lien~in the public records. Any Policies Issued hereunder may be subject to a Special Exception for matters disclosed by said affidavit. Standard Exceptlon(s) for questions of survey may be deleted upon receipt and review of a properly certified Survey meeting the Florida Minimum Technical Standards for all land surveys dated no more than 90 days prior to closing or such other proof as may be acceptable to the Company. Any Policies Issued hereunder may be subject to a Special Exception for matters disclosed by said survey or proof. 10. Note: All of the recording Information contained herein refers to the Public Records of DUVAL County, Florida, unless otherwise Indicated. Any reference herein to a Bool< and Page or Instrument Number Is a reference to the Official Record Books of said county, unless indicated to the contrary. 11. Declaration of Covenants, Conditions and Restrictions recorded In Deed Boo!< 1524, Page 333, but deleting any covenant, condition or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(o). 12. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of SELVA MARINA UNIT NO. 1, as recorded In Plat Book 23, Page(s) 4, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). ALTA Commitment (6-17·06) (with Florida modifications) 5011612·81-STD, 6011612· BII-STO (3·1·11) Forms 5011612-A, Page 6 of 9 Agenda Item 80 · February 13, 2017 Noti.ces -Where Sent All notices required to be given the Company and any statement In writing required to be furnished the Company shall Include the number of this policy and shall be addressed to the Company, Attention: Claims Department, 1 First American Way, Santa Ana, CA 92707. Service, Quality and Availahlllt'l First American Title Insurance Company cares about Its customers and their ability to obtain information and service on a convenient, timely and accurate basis. A qualified staff of service representatives Is dedicated to serving you. A toll-free number Is available for your convenience In obtaining information about coverage and to provide assistance in resolving complaints at 1-800-854-3643. Office hours are from 8;30 a.m. through 5:30p.m. PST Monday through Friday. ALTA Commitment (6-17-06) (with Florida modifications) 5011612-BI-STD, 5011612­ BII-STD (3·1-11) Forms 5011612-A, Page 7 of 9 Agenda Item 80 February 13, 2017 REISSUE CREDIT NOTICE Issued by First American Title Insurance Company YOU MAY BE ENTITLED TO A REDUCED PREMIUM FOR TITLE INSURANCE IF THIS OFFICE IS PROVIDED WITH A PRIOR OWNER'S POLICY INSURING THE SELLER OR MORTGAGOR IN THE CURRENT TRANSACTION. The purpose of this letter Is to provide you with Important information regarding the title insurance premium that has been or will be charged In connection with this transaction. Eligibility for a discounted title Insurance premium will depend on: REFINANCE TRANSACTIONS: To qualify for a reduced premium for title Insurance you must provide our office with a copy of your prior owner's policy of title Insurance Insuring your title to the above-referenced property. SALES TRANSACTIONS: To qualify for a reduced premium for title insurance you must provide our office with a copy of your (or your seller's) prior owner's policy of title insurance Insuring your title to the above referenced property. The effective date of the prior owner's policy must be less than three years old or the property Insured by the policy must be unimproved (except roads, bridges, drainage facilities and· utilities are not considered Improvements for this purpose). To qualify for the reduced rate, you or your representative may hand deliver, mall or fax a copy of the prior owner's policy of title Insurance to your First American Issuing agent conducting your settlement prior to closing, although we will accept the prior policy up to 5 working days after the closing date of your transaction. ALTA Commitment (6-17-06) (with Florida modifications) 6011612-BI-STD, 6011612· BII-STD (3-1-11)IForms 5011612-A, Page 8 of9 Agenda Item 80 February 13, 2017 First American Tit/(/" Privacy Information We Aro CommiHod to Safeguarding Customer Information In order to better serve your needs now and In the future, we may ask you to provide us with certain Information. We understand that you may be concerned about what we will do with such lnfom1at1on ·particularly any pe1sonal or flnanclallnformallon. We agree U1at you have a right to know how we will uUIIze the personal Information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Polley to govern lhe use and handling of your personallnlormallon. Applicability . This Privacy Polley governs our use of the Information that you provide to us. It does not govern the manner In which we may usa Information we have obtained from any other source, such as Information obtained from apublic mcord or from another person or en lily. First American has also adopted broader guidelines that govern our use of personal Information regardless of Its source. First American calls these guidelines lis Fair Information Values. Typos of Information Depending upon Wlllch of our services you are ullllzlng, the types of non public personal Information that we may collect Include: lnformallon we receive from you on appllcallons, forms and In oU1er communlcallons lo us, whether In wrlling,ln parson, by telephone or anyolhar means: lnformaUon aboul your lransacllons wllh us, our affiliated companies, or oUters: and Information we receive from a consumer reporting agency. Usa of Information We request lnformallon from you for our own legltlmale business purposes and no! for the benent of any nonaffiliated party. Therefore, we will not release your Information to nonafnlia!ed parties except: {1) as necessary forus to provide the product or service you have requested of us; or{2) as perml!!ed by law. We may, however, store such Information lndeflnllely,lncludlng the period after which any cuslomor relallonshlp has ceased. Such Information may be used for any Infernal purpose, such as quallly control efforts or customer analysis. We may also provide all of lha types of nonpubllc personal Information Jlsled above to one or mora of our atnllaled companies. Such efllllaled companies Include financial servloo providers, such as title Insurers, property and casually Insurers, and trust and Investment advisory companies, or companies Involved In real eslate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all lhe In forma non we col/eel, as described above, to companies that perform markellng services on our behalf, on behalf of our atnllated companies or to other llnanclallnslitullons wllh whom we or our affiliated companies have joint marketing agreements. Former Customers Even If you are no longer our customer, our Privacy Polley will continue to apply to you. Conf!dontlallty and Security We will use our bast efforts to ensure that no unaulhorlzed parties have access to any of your Information. We reslrlct access to nonpubllo personal Information about you to those Individuals and antilles who need lo know lhat lnformallon lo provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and In accordance with this Privacy Polley and First American's Fair Information Values. We current~ maintain physical, electronic, and prooodural safeguards that comply with federal regulations to guard your nonpubllc personal Information. Information Obtained Through Our Web Silo First American Financial Corpora lion Is senslllve to privacy Issues on the lnlemel. We believe It Is Important you know how we treatlhe Information about you we receive on the Internal. In general, you can visll Firs! American or lis affiliates' Web slles on the World Wide Web wllhoutlelllng us who you are or revealing any Information about yourself. Our Web servers collect the domain names, not U1e e-mail addresses, of vlsllors. This Information Is aggregated to measure !he number of visits, average lima spent on the site, pages viewed and similar Information. First American uses this Information to measure the usa of our slle and to develop Ideas to Improve the content or our site. There are Urnes, however. when we may need In forma lion from you, such as your name and email address. When lnformallon Is needed, we will use our bast efforts lo let you know at tho time of collecllon how we will use the personallnformallon. Usually, the personal lnformallon we collect Is used only by us to respond to your Inquiry, process an order or allow you to access speclno accounVproflla Information. If you choose to share any personal information wllh us, we will only use II In accordance with the policies oulllned above. Business Relationships First American Financial Corporation's slle and lls affiliates' sUes may contain links to other Web sites. While we try to link only to siteS that share our high standards and respect for privacy, we are not responsible for the con lent or lhe privacy pracUces employed by other slles. Cookies Some or First American's Web sites may make use of•cooklo' technology to measure slle acllvlty and to customize In forma lion to your personal tastes. Acookie Is an element of data that aWeb slle can send to your browser, which may then store the cookie on your hard drive. ElrsiAm.com uses stored cookies, The goal of this technology Is to baUer serve you when visiting our slle, save you lime when you are here and to provide you with amore meaningful and producllve Web site experience. Fulr lnforrnntlon Valuos Falrnoss We consider consumer expeclallons about their privacy In all our businesses. We only olrer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for socloty, enhances consumer choice and creates consumer opportunity. We acllve~ support an open public record and emphaslle Its Importance and conlrlbuUon to out economy. Use We believe we should behave responsibly when we use Information about aconsumer In our business. We will obey the laws governing the collecllon, use and dissemination of data. Accuracy We will lake reasonable steps to help assure the accuracy of !he data we collect, use and disseminate. Where possible, we will take reasonable steps to correct lnaccurale Information. When, as with the pub flo record, we cannot correc! Inaccurate Information, we will lake all reasonable steps to assist consumers In ldenllfylng the source of the erroneous data so that the consumer can secure the required correcllons. Education We endeavor to educate !he users of our products and services, our employees and others In our lnduslry about lha Importance of consumer p1lvacy. We wllllnslruct our employees on our fair Information values and on the responsible collection and usa of dala. We will encourage others In our Industry to collect and usa Information In aresponsible manner. Security We will malnlaln appropriate racllllles and syslems to protect against unauthorized access to and corrupllon of the data we maintain. ALTA Commitment (6-17-06) (with Florida modifications) 5011612-BI-STD, 5011612­ Bil-STD (3-1-11) Forms 5011612-A, Page 9 of 9 Agenda Item 80 February 13, 2017 Our client desires tore-plat their propetty at 1251 Selva Marina Circle into two large single family lots. The property cunently has a single family home on it and is located in the Residential Large Lot (RS­ L) zoning district. The prope1ty is 37,159 square feet or .85 acres, making it one of (if not) the largest single family lots in Atlantic Beach. In December 2014, our client was granted approval of essentially the same re-plat as we are proposing. However, the approval had a condition that the existing home be demolished within 120 days. That condition being placed on the approval was a mistake from the previous agent for the owners, as there was an existing lease on the propetty which made it impossible to demolish the home within 120 days. The previous approval is now null and void due to the condition not being met in a timely manner. The owners would like to gain approval for the same concept, which is subdividing the propetty into two lots. Lot one is proposed to be 20,456 square feet and lot two is proposed to be 16,704 square feet. Both of these lots are well above the minimum lot size of 10,000 square feet in the RS-L zoning district. Other single family zoning districts in the City have minimum lot sizes of 7,500 square feet. Both of these lots will be more than double the size of standard lots in the City, and lot one will be almost three times the size. There are seven other lots which front Selva Marina Circle, with the average size ofthese lots being .38 acres. As proposed, lot 1 will be .47 acres and lot 2 will be .38 acres, making both lots consistent with the sunounding lots. Section 24-256 (a) states that no new lots can have a width ofless than 75 feet at the building restriction line (BRL). The proposed lots will meet this requirement, as well as all other City requirements. The proposed plat maintains an existing 15' drainage easement and 6' sanitary sewer easement, which are both depicted on the plat. Additionally, the applicants are proposing to limit their driveway widths to no more than 12 feet through the right of way and within the first twenty feet ofthe prope1ty. There is an existing lease on the property, which ends on June 30, 2017. We would like to ask that the owners have 180 days from July 1, 2017 in which to demolish the existing home, and then initiate an application for final plat recording. ··--·-----------··--·---·-------·---..--.-................_,.................. Agenda Item 80 February 13, 2017 BUJJNICK PLACE A PART OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 29 EAST, CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA A REPLAT OF PARTS OF' LOTS 28 AND 29, BLOCK 1, SELVA MARINA UNIT 1, AS RECORDED IN PLAT BOOK 23, PAGE 4 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. CAPTION LO'IS 28 AND 29. EXCEPT THOSE PARTS OF LOTS 28 AND 29 LYING SOUTH OF A UNE 59.5 FEET NORTH OF AND PARALLEL TO THE SOUTH UNE OF SAID LOT 28, ALL IN BLOCK 1, SELVA MARINA UNIT 1, AS RECORDED IN PLAT BOOK 23, PAGE 4 OF THE CURRENT PUBUC RECORDS OF DUVAL COUNTY, Fl.O~OA. ADOPTION AND DEDICATION THIS IS TO CER11FY THAT TODD ANO CHRISTY BUDNICK ARE THE LAWFUL Ov.NER OF THE LANDS DESCRIBED IN THE CA?11DN HEREON KNOWN AS BUDNICK PLACE, HAVJNG CAUSED THE SAME TO BE SURVEYED AND SUSDIVJDEO. THIS PLAT BEING MADE IN ACCORDANCE V..TH SAlO SURVEY IS HERESY ADOPTED AS A TRUE AND CORRECT PLAT OF THOSE LANDS. NO PART OF THE LANDS ARE DEDICATED TO THE CITY OF ATLAN'!IC BEACH OR THE COUNTY OF DUVAL IN V..'!INESS THEREOF. TODD BUDNICK AND CHRISTY BUDNICK, HAVE CAUSED THESE PRESENTS TO BE SIGNED THIS DAY OF A.D., 2016. I'<TNESS: -------­PRINT NAME: ________ BY: -=T~oD"'D"'B'"u"'DN"'Ic'"K,..----- \\ITNESS: -------­ P~NTNAM8'--------- V..'!INESS: --------­ PRINT NAME: ________ BY: ~C-H~RI-STY-B~U~DN7ICK----- V..'!INESS: -------­ P~NT NAME:'--------­ STATIE OF FLORIDA, COUN1Y OF DUVAL THE FOREGOING INS111UMENT WAS ACKNOWLEDGED BEFORE ME THIS =a"'Y-::T"'oo:::o:--:::BU"'D"N"'Ic"'K,..,"'WH"'o"""IS ~~S~NALLY KNOWN TO ME OR WHO HAS ~~Qu~~8· _A_N_O_A~TH-.-------AS IDEN1mCA11DN AND WHO 010 (DID NOlJ TAKE NOTARY PUBUC. STATE OF FLORIDA AT LARGE PRINT NAME: _________ COMMISSION NO.: -----------­ MY COMMISION EXPIRES: --------­ STATE OF FLORIDA, COUN1Y OF DUVAL THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 0 201 6 =sy"""c"'HR:::ISTY="'a:::u:=o"'NI"'CK"',-:W-::H:-::0 ~~YP~ONALLY KNOWN TO ME OR WHO H:S '' ' PRODUCED AS IDEN11FICA110N AND WHO DID (DID NOT) TAKE AN OATH. NOTARY PUBUC, STATE OF FLORIDA AT LARGE PRINT NAME: _________ CI1Y OF ATLANTIC BEACH APPROVAL THIS IS TO CER11FY THAT THIS PLAT HAS BEEN EXAMINED, ACCEPTED AND APPROVED BY THE CITY COMMISION OF ATLAN'!IC BEACH, Fl.ORIDA. MAYOR MITCHELL E. REEVES CITY CUERK DONNA L BARTLE DATE -------­OATE: ---------­ APPROVED FOR THE RECORD THIS IS TO CER11FY THAT THIS PLAT HAS BEEN EXAMINED, ACCEPTED AND APPROVED BY THE CITY OF ATLAN11C BEACH. DUVAL COUNTY, Fl.ORIDA. PURSUANT TO CHAPTER 24, ARTICLE IV, ORDINANCE CODE. DONAlD D. JACOSOVJTZ, P.E. DIRECTOR OF PUBUC WORKS DATE: ---------­ PLAT BOOK PAGE SHEET ...L OF ..L CUERKS CER11FICATIE THIS IS TO CER11FY THAT THIS PLAT HAS SEEN EXAMINED AND APPROVED, AND THAT IT COMPUES IN FORM V..TH THE REQUIREMENTS OF CHAPTER 177, Fl.ORIDA, STATUTES. AND SUBMITTED TO ME FOR RECORDING, AND IS RECORDED IN PLAT BOOK PAGES c=o=u""N"'TY"',-:Ft::-O:::R:::ID"'A-._ OF THE CURREINT PUBLIC RECORDS OF DUVAL SIGNED THIS -----DAY OF --------A.D., 2016. RONNIE FUSSELL DEPUTY CUERK CLERK OF THE CIRCUIT COURT PLAT CONFORMI1Y REVIEW THIS PLAT HAS BEEN REVIEWED AND FOUND IN COMPLIANCE MTH PART 1, CHAPTER 177, fLORIDA STAWTES, 1HlS DAY OF --------A.D., 2016. KA'THY L WADE. P.S.M. PROFESSIONAL SURVEYOR ond MAPPER Ft.A. UCENSE No. LS 5164 SURVEYORS CERTIFICATIE THIS IS TO CER11FY THAT THE ABOVE PLAT IS A TRUE AND CORRECT REPRESEINTA'110N OF THE LANDS SURVEYED. PLATTED AND DESCRIBED IN THE CAP'110N, THAT THE SURVEY WAS PREPARED UNDER MY OIREC'110N AND SUPERVJSION, AND THAT THIS PLAT COMPLIES V..TH ALL OF THE SURVEY REQUIREMENTS OF CHAPTER 177, PART I, PLAT11NG; THAT THE PERMANENT REFEREINCE MONUMENTS HAVE BEEN PLACED ACCORDING TO THE LAWS OF THE ~~~DO~~ORIDA AND lrlE Cln' OFot~~TIC, BEACH, FLORIDA. S1GN~~0.~2~S.1 DONN W. BOATWRIGHT, P.S.M PROFESSONAL SURVEYOR ond MAPPER STATE OF FLORIDA UCENSE No. LS 3295 BOATWRIGHT LAND SURVEYORS, INC. 1500 ROBERTS DRIVE JACKSONVJLLE BEACH, Fl.ORIDA 32250 LICENSED BUSINESS No. L83672 Agenda Item 8D February 13 , 2017 Bl/.IJHICK PLACE A PART Of SECTION 16, TOWNSHIP 2 SOUTH, RANGE 29 EAST, CITY OF" ATLANTIC BEACH, DUVAL COUNTY, FLORIDA A REPLAT Of PARTS OF LOTS 28 AND 29, BLOCK 1, SELVA MARINA UNIT 1, AS RECORDED IN PLAT BOOK 23, PAGE 4 Of THE CURRENT PUBUC RECORDS Of DUVAL COUNTY, FLORIDA. "U1t t4-sti..VA IUrltMA lNT I I , PlAT OOCK 2J, PAC£ <1 / , I \., ' '\., ' : i LOT 1 20.~56 :quoro feet -----------­ ------------------­ ftOltS: 1,etAJlL'I'CSBA5E:D <»! ~l"ftCJJ'CRTYUNE DCNC: NOR1M OO"la"~· 'IICL:iT AS POt On:\C,IL RC.CCiftCS ~17172. PACt 1m OF "n;( CUNIEHT I"USUC At.C:CROS cr DUVAL CCW'T"'', nOI'IIDA. 2. HO'TIC£:: 1HlS Pl.AT. M AtCOitDED N rTS c::lltMttC:f'Oibl.ISTMt: Of'r.Q.t,~,.DC"'CTIC:Not 1M£ Sl.IDV.DtiJ UlfCS lll:SCRli[D H.f:RCN AHO ¥Al.IH~O~~Es:uttPL.ANlt:I IN AtllHCRm' BY NfY <mt0t CIW'tiC QR OtaTAL roi04 <l F lHC PLAT. TlOE: MAY OC AOOIT'ICINAI. IU:S'7RIC'nOHS lHAT ARC NOT A£COJQQ) ON lHt:: PlAT neAT W.Y 0£ rOUJo;O IN THE PUQUC flt~S <F iMS COJNlY. UEGENO C DD«lltS PQOM."'IO' ~ ..CHW£NT, 5!T 4• X 4• X 24. c:oNCRElE NCN'.JQ(f, STAUPCD LD X72 PLAT BOOK_ PAGE_ SHEET LOF .L