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Agenda Item 8BAGENDA ITEM i 813 SEPTEM13I- J( 9, 70I3 AGENDA ITEM NO, DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETfNG STAFF REPORT AGENDA ITEM: Public Hearing for Waiver -I3- 00100069 SUBMITTED BY: Michael Griffin, CBO, CFM Building & Zoning Director Jeremy 1- Iubsch Redevelopment and oning Coordinator DATE: September 9, 2013 STRATEGIC PLAN LINK; 2. Golf Course: This goal is to work with the Country Club Board to best accomplish the City's objective to maintain green space and minimize adverse impacts to adjoining neighborhoods. BACKGROUND: As part of the Selva Marina Country Club redevelopment, a new clubhouse is proposed to replace the existing clubhouse, which was built in 1958. The existing clubhouse is no longer aesthetically pleasing, nor is it architecturally significant. It has been a major impediment for the attraction of new members to the country club. As such, the proposed new clubhouse is being designed at a higher architectural standard in order to create a "destination" venue. The applicants are proposing two architectural features that will exceed the 35' height requirements of Atlantic Beach. There are two cupolas at 42 feet 1.5 inches above grade and a tower lantern cupola at 38 feet 5 inches above grade. According to Section 59 of the City Charter, and as provided by Section 24 -156 of the Land Development Regulations, certain architectural design elements may exceed the maximum height ofa building within a non- residential development, upon approval by the City Commission. The Commission previously approved an architectural element incorporated into the front facade of the North Beach Center in 2002. That design element is forty -six feet in height. In 2011, the Commission approved a design element at thirty -eight feet in height for LA Fitness. The proposed new clubhouse will be an aesthetic improvement over the existing building. It has the potential to be a community asset and positive attraction for Atlantic Beach. The height of the main structure is 33feet and 5 inches, which is comparable to the height of nearby structures at Sevilla and Fleet Landing. The proposed cupolas that exceed the height limit comprise a fraction of the total building, and are features that improve the overall design of the structure. BUDGET: None. RECOMMENDATION: Approve waiver to allow two cupolas at 42 feet 1.5 inches and a tower lantern cupola at 38 feet 5 inches as shown in the submitted rendering. ATTACHMENTS: Renderings of the proposed club house and photos of the existing clubhouse REVIEWED 13Y CITY MANAGER: '�•.�, „AN /�� �_— _ILL — — — - - -- — - - -- _I p_ iii lU ..e111Dile._ L-q� ji 1111 1111`I�z II IIII ill 1111ii 1111 ui11I w 111;: 111 11911 iii 11iii IIII 111Y11 AllL1HijOHOIIHHIHHHhIHlluIUUIOHHHPHHIPHOH!!II1i! 1111 HP. I�III�ll f P' , �1111�'� 1111` III�11• !J�1�111 111 1 -� 111�i� I���II ��I1 I ._.., 11 111111111�1� ` L - /II��IIII��I .:._, ,. ,,. ,.r , . 1..,. j DJ FT IILF14, -; .1 jnqunnuIII LE MAIN CLUB HOUSE - REAR ELEVATION smle: 1/16' = V -0” TENNIS CENTER - REAR ELEVATION Scale: 1/16" - P -0' if 1.1raMini.e1katalplakasivilal Atlantic Beach Country Club REARELEVATIONS A2.01 July 31, 2013 PRESENTATION -- -- - -- — `dal �JLJ FED lit IIII►r"�itI IIII�C9ill I" IIi��i i i�ir11;III �I111I Ir;.� mpoi11 �;;II I IIIIIIP i 1111 IIII I11 �P' 'Ii1Illi 1-11- ply tr ru.,r, ,�i.lill1�� 11111 11111 !11111 X111 111 �ll1 1111 . - ''�11 III 11111��:� �� ..'.'l1 Illl ��. •1� IIii11,. III III ..t.. '�. ,11 ,t IIII I IIIIIIIuiiI111IIIII1111111i111 % .It Iii CRONK: ;,DUCH A R C H I T E C T U R E rawtruwtwt �4w°er niarsyia L° 11111 i i1 ..�ilIIIII�1 i — WrtetlMUaLVrwol.° 1 v •itL l.atWWVV 1.1 MAIN CLUB HOUSE - FRONT ELEVATION A200 Scale: 1/16° _ 1. -0° 11111 MI 11011111 Milli Mil 11 1 VIII III ii 111 i..�� % 1- '!1 �L..I�ll �i�i�ii�liii lib's Ii1..�� 1.2 A2.00 TENNIS CENTER — FRONT ELEVATION Scale: 1/16° = 1'-0° copyright 2013 AD Cronk Duch Architecture Atlantic Beach Country Club FRONT ELEVATIONS A2.00 July 3I, 2013 PRESENTATION AGENDA ITEM # 8B SEPTEMBER 9, 2013 APPLICATION FOR LAND DEVELOPMENT REGULATIONS WAIVER City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 Phone: (904) 247 -5826 • FAX (904) 247 -5845 • http: / /www.coab.us Date File No. Receipt Section 24 -46 (d) permits the City Commission to authorize limited Waivers, on a case -by -case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver from these Land Development Regulations, the City Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any requirement or term customarily considered as a Variance or any requirement or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set for the within the City Code of Ordinances. 1. Applicant's Name Atlantic Beach Partners, LLC 2. Applicant's Address 414 Old Hard Road #502, Fleming Island, FL 32003 3. Property Location 1600 and 1660 Selva Marina Drive 4. Property Appraiser's Real Estate Number 169399 -0010 & 172000 -0000 5. Current Zoning Classification SPA 6. Comprehensive Plan Future Land Use designation RL 7. Requested provision(s) from which waiver is sought: Exceed SPA height limit of 35 feet for architectural features of new clubhouse 8. Size of Parcel 5.91 9. Utility Provider JEA 10. Provide all of the following information: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. b. Survey and legal description of property. c. Required number of copies (2) d. Application Fee ($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s) or authorized person if owner's authorization form is attached: Printed or typed name(s): Wyman R. D : _ t NI r Signature(s): L?�I�lt-11 AGENDA ITEM # 8B SEPTEMBER 9, 2013 ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Wyman R. Duggan Mailing Address: Rogers Towers, 1301 Riverplace Blvd., Ste. 1500, Jacksonville, FL 32207 Phone: (904) 346 -5502 Fax: (904) 396 -0663 E -mail: wduggan @rtlaw.com 10. Statement of facts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24 -46 (d) of the Zoning and Subdivision and Land Development Regulations and specifically describing how the request complies with the Conditions necessary for the City Commission to approve this request. Please attach additional pages if needed. This application for waiver is made in connection with the proposed redevelopment of the Selva Marina County Club. The City recently approved a Special Planned Area zoning district for the redevelopment of Selva Marina (Ordinance 90 -13 -216 approved on July 8, 2013). The SPA zoning district provided that the clubhouse and recreational amenities maximum height would be 35 feet. The proposed elevation for the redeveloped clubhouse (attached) shows that two architectural features would exceed this height limit: (1) the cupolas are proposed to be 42 feet 1 1/2 inches above the elevation at finished grade; and (2) the tower lantern cupola is proposed to be 38 feet 5 inches above the elevation at finished grade. The requested relief would be in the public interest. The existing clubhouse was built in 1958, well before the current height limit was put into effect. The proposed clubhouse structure would significantly enhance the prospects for economic success of the redevelopment venture. The impressive architectural design of the proposed structure would contribute to the redeveloped clubhouse and course becoming a "destination" venue, which would have beneficial economic impacts on surrounding businesses in the City of Atlantic Beach. As can be seen with the recently redeveloped clubhouse at TPC Sawgrass, an impressive clubhouse has become an essential component of golf course design. In addition, the impressive architectural features will boost the property values of the adjacent residential properties on Selva Marina Drive, which will benefit both from the avoidance of the financial failure of the existing club, and the financial success of the redevelopment. The clubhouse will be set back from Selva Marina Drive such that the small exceedances of the height limit proposed in this request will not seem obvious or extravagant. XEIEBIT "E" • : ,va 652 PAGE48.1. - OFFICIAL RECORDS WARRANTY DEED.' AGENDA ITEM # 8B SEPTEMBER 9, 2013 nu.s INd?ffi�R`LiR1y,r made this .z2 eAday 185. batsmen R -C -R -S Corporation, a corparatidn orrganized and existing under the laws of the State of Florida, ethe Cauat, of Duval, State•of ply -of the first part, and The 8 M open',' a,Floride coipora -iian; of tine Couaty'of.Duval., State of Florida, par4y of the second • pert, P, C: Address: Box 3ti6, 'Jacksonville , - Reach, Florida, • ' ; That the said part' of the €irst kntri, for and in aannid affaR of the sum: of TEN DOLLARS•and other valuable ccmnider€.tions, to It in hand paid by the said piety of the second Part, the receipt whereof is 'hez eby acknowledged', has granted, bargained -and sold to the said 'party of the second part,. ite.sucpessbre and• r assigns forever, the following described land, eftuete, lying Sidtialu'gtn'f3ie'COuntq • of Duval, State of Florida, tagwit: Part.of Iat11,f Seett er/7, 'Feat of Lot 2 of Section 16, Part of -Lot 6 oi.. Deaden 9, and Part of Tats 7, 8�s, , 8, 10, 16 and 16 of Section 8, Township • . 2 South, Range :29 East, Duval v,� i7 r mere,partic}tlsriy : .de ibe -aka folic : • Reginning at a paint is the section line common to said Section 8 and L7, N. '6 45' W a rti,innce'of 8073. 94 feet from the hartbeest career-of the Ferrer Grant, Section 58 of said T hip'end Painge; thence. ran S B9° 60" W along said Section dine a distance of is . 77 feet.to the Southwest , Corner of the gnat one-half of said Lot 10 of fiction L tb:eacq rvh 1�'0° 21r.. • 10" W along the Westerly botmdary lino' -of-thh -East one -half of laid -Lot 15. of Section 8 a distance of 1324'. 81 feet to a point in the Southerly baunda.ry f 'lice arf •said tat 10 at Section 8; thence run 8 80°' 021 10 W .along the-, Southerly baimdari line of said eat 10 cif motion 6 a distance of 558. 77 feet to point which Lies 300 feat masterly 4Messured at right angles) of the center line tDf 2inyport 'R.oad as now located; thsztce run N 1° 221-15" W nerds said Lot 10 of 8 ution'8, along a Line ROD f t,iaaster1y (NEenaxred.at , Right Angles) and wallet to' the center line-of said- 11rmypdrt Read s .distance . of Rini feet to a pel# is acid Iit,7 et Section g;.thenpe run -N SB °•.$e! 4$." F a dintanoe Of 470 -feet 4o a 'point in geid :Lot Ftif-Saction-8j thence Tun N Sl °•• • • 45d YE" N a of 4 04 . ' 2 $ $ feet Ili a point d Lot 7 of Secti n --2. maid paint beiujthe pat ooint tion rtv't Southeaterlyt • aior.the are of Std g a radiissof 4Q &L 72 feet, a eb ct & Q.�! Sf d a.ahord of 1i►6�.; &R few to a•paiat Sa`mod'fit a'd�r 1, 1 -c d r atdine)•ICI .-- wit•$6i+ R fib. % said tot 8 of StOtdesi. -a, _ . Kr•^ /.,..:• • _. •;F r , .5 3ge _ ��, • .� _.._.. •�[e.- ���.�. � Tom. �- .� ,_� � .. _ ., Pa e AGENDA ITEM # 8B SEPTEMBER 9, 2013 t eace run S 30° F7' os" >g L dig.twasaf of 187, ie feet to a paint in mid . tm a daa$nuMt of said curved line;-thence run along Lot 6 thaf e_ _ arSend= f 6 �e hi maims of-4061.72 feet, •a •chtard tile- arc of said cur d • bearing g:56a 35r 5G" 3r` and s rbozd dfsttaace'of 11L 00 feet ton plat in' said Lot 6 of Section ; @I *once run 6 105" A .11., distance cif' 46.feet, more or Lena, to the Westerly, shore ling of a drainage ditch; thence' rim In e. Soutlierlt direction along said Westerly line of said tirsitie:ge' , ditch to the inter/section-Of siad.drainage ditch vifth_the-Wieeterly shore line of a drainage canal, kaid point of iritersectioa being,5 1R° 221.05" ' E a distance of. 469 feet'from the said of the' lent described eurVed line • course; thence continue Bcutherly alcmg the- Waaterly €here line of �:ssid Lot 16'of Section i,iyiag 5 feet said d ly af =alto t6• a ce-Of 2[171. 76 feet• from the- • Easterly of a pint S 17°'22'. 05'.1 � a diatsa end of the last described curu4 line course; thence run N 76x-03' 10'.` E, ••: a distance -of 222 feet, more or 1ees, to a point in said Lot-6 of :Seicti4a" 8 st the Westerly rightt of way, line of Drawees Park-Drive ld ' 01<- 698,...__ ---•- No. 551, a iho` known as Sherry privet es - deticrlbed Th d- . Florida;- thence rim 8- • page: � �, earreaE-p¢tsTin - rgc'drds cf''Dtivil ESaunb', ri t Qf �a Iirse _. 1I° 56' 50" l a dia cB of 750 Peet airing the. Westerly d Lot of fT ,�,4 r)wt $ e-4sherrf- "Drive=? oe .idle Pe ce run Section l6; tihance ru 5 78° 031101 W a distance of 700 feet to a -point • in said Lot 1 of Section rh, thence rim 8 11° se' 50" E a distal ee.of : point said Lot lot Spctitir,- L7; Sissies ran 8 83° 42' 854, 44' feat a & P ° point hi said Lot 1• of-Seed= 17; 10 "-'W a distsnce.of 669. d5 feet to a distance of 1222.13 feet, to a-point in-the- . .; Southerly run c 6° 45' a of aid, Lot 16 of Section 8; thence run Westerly a distance t�0L 7 the said Southerly boundary 1n e ai •' a distance of SQL. ti 5 to the point or lace, of beginning; and -containing said -Lot 16 of Section 8 to the Po P � - • 150. 09 acres_mo -re or leas. This deed is subject to the dedication of public rigs- of-way' recorded ia• Deed Book 1178, Pages 460 and 470 of the current public records of Duval County, . • . Florida. AND said party of the second part,• for itself, ft's successors end assigns, does hereby co'enant and, agree to and with_ said party- of the first -part, .ate successors and assigns, that until the first day a><f 3tanueri, A.. ,D. 2000, the land hereby con- veyed chaff be used for priVite golf cour•tae and country club pm'pRee8 and for no other puose•or use whatsoeve un r, less written-Consent lot. any.other purpose -or t rp of the first part, "'JAB ,suenea "sore and use le, first had and obtafned'from gale p€rty • AND'PROVIDZD AE,WLY5, end these presents a eXpr s e a - , . 3s 9p conditi�on;,e , � - -. e�•r t$�-'a<'€�r�..._: -.... tins 4tsrin &ci€- way. i s x �#? _ _.� .... • 4--" • f• ge AGENDA ITEM # 8B SEPTEMBER 9, 2013 • *- Np -4 • OFFIGkRC RECORDS aatd purposes by said party of the second part, its seccessara, lessees, and assigns, then in such event the land hereby conveyed shall immediately, ar, there- after, at the election of said party of the first part, revert to the party of the first • ' part, its successors and assigns; whereupon title thsr -eta Isbell l re sal in them and all right, title, interest and estate cif said Party of the streand part, its successors • end assigne, therein shall immediately cease and determine and said party-of the first part, its rauocessars and assigns., Shall have the right to re-enter 'upon the. lands hereby conveyed and retake possession thereofk anything in the presenta to the contrary notwithstanding, except as fcillawa, • (f) That the party of the first part, its successors and assigns hereby . specificalky subordinates cry reversionary rights reserved herein to 'said party of the first part, to the lien of a •single mortgage to secure.pam yent.of an indebted - ness in a Principal sum not exceeding t.260, 000. OO hereinafter p1ahed,upon the land hereby conveyed for the sole purpose of impraving•eaid lend kY tb.e construction of s complete club House pad•a pro shape, and said parr of the first;pRF -here agrees to eremite any and all additional infatrusnen:ta• carry out the p'urpase,-of • this cubardiastton ussT__ _•. _ _ _ : _ . . • ' (} Teat the reversionary rights ezpres® ®d herein as -to ell lend hereby • conveyed and reserved to Said pat of the f±rat.part sth,41 qee ®e and determine insmedietely.and forever in Ilia event that, and at attach tdme sec both -'9f the iollau cg ' events occur or erlst: (a) TThere'shall have been eoastrueted and erected upon Reid land • • a private golf course and country, club iacluding a 'completed' club -house with related ' • facilities., wad; • , ■j The principal amount of any mortgage, indebtedness incurred • for the initial eohdtrtactfan and •campletion atf..a club house osi the tid- kteFeby eak- veyed shall bans been fertititiiihshed aid na deht of otlber:ar dttPsreet farm mho it. • . have- been' p astititted. theE•2', snsd'•srid ravt.irsieas • rikhWaibt-• oaaned deterpt.fne# olairgiso t- s adjatt'ea? - tfehed*d.�t)sel $otbe rat :ptstad or '4 ei2e t; t b 'j r -; c• L. • S • r.. • OFF.ickAt_ Ft c6{3E35 . • S And the said party of the ftrisCpert dpa8 hei yfuf}y varra>at. the tide to Said lard, and tgfIl d;efandthe same:agait,t the 1a'v€ ul olaima mf Ll:liersaae c x 'Cower aq • F, tha paid ga.af .the - fir€at part bps -c Bad . a its none: by .its President• and canoed its ,CSnrporate to•be hereto. a±fired the day and year,first'above Signed and Sealed in our rrPresence..: STALE OF FLORIDA IDA ) COUNTY OF DUVAL ) AGENDA ITEM # 8B SEPTEMBER 9, 20I3 Before me personally appeared gmoRC • BULL and H$R C0IIRT, 3ULL,, m.: ' respective}y the .President and Secretary of R-C -B -g QOEPORATrON, a corporation • under the 1kWe'•af the State of'Florida., to zn.e eieIl Mown to be the' in(iivi.duals and officers deacribed'fn and who executed the foregoing instrument and severally -ac- imowledged the execution thereof to be their own free-act and deed as .Ouch of£icdrs • thereunto duly authorized; and that the official seal of said corporation is duly affixed thereto, and the said conveyance ie •the adt and deed of said corporratf6n. ~y- . . WIT -my hand•.end o ffidtaI e al ;this" ' Z A�'day'af• '.00E s3RR r et ` tl - G � j 1 �Q�_C ,-County and, State aforesaid. �•c •4-- vas' • 11a gia ? mnorycanr, utter 6Z ` • e1 srOe4 ieiatr r, ' )age— - kRRANTY DEED voLl270 ri1E53 OFFICIAL RECORDS THIS INDENTURE, made this" -day of ,A.D. 1959, between R -C -B-S Corporation, a corporation organ ed and exist- ing under the laws of the State of Florida, of the County of Duval, State of Florida, party of the first part, and The S M Company, a Florida corporation, of the County of Duval, State of Florida, party of the second part, P. 0. Addi.uss; Box 206, Jacksonville Beach, Florida., • WJTNESSETH: That the said party of the first part, for and in consideration of the sum of TEN DOLLARS and other valuable considerations, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its • successors and assigns forever, the following described land, situate, lying and being in the County of Duval, State of Florida, to -wit; Part of Lot 1, Section 17, Township 2 South Range 29 East, more particularly described as follows:, Commencing at the point of intersection of the North line of Section 16, Township 2 South, Range 29 East, with the center line of Sherry Drive as shown on a plat of Salve Marina, Unit No. 2, recorded in Plat Book 27, pages 6 and 6 -A current public records of said County; thence run South 11° 561 50" East along • said center line a distance of 165.40 feet to a point; thence run South 7d° D31 10" West a distance of 50 feet to the Southeast corner of the lands of The S, N Company fronting on said Sherry Drive as described in Volume 652, page 484, Official Records of said County; thence continue to run South 75° 031 10" West e dis- tance of 450 feet along the boundary tin e' of said lands of The 5 M Company to the POINT OF BEGINNING of the land hereby conveyed; thence continue to run South 70° 051 10" Vest a distance of 250 feet along the boundary line of said lands of The 5 14 Company to a concrete monument set at a boundary line corner of said lands of The S M Company ;. thence run South 11° 56' 50" East a distance of 270 feet along the boundary line of the said lapdr of The 5.M 'company to a point; Thence run North 7$ 03' 10" East a distance of 250 feet to a point; thence run North 11 561 50" {lest a distance of 270 feet to the POINT OF BEGINNING; con - maining 1,55 acres mare or less, PROVIDED, HOWEVER, anything to the contrary notwith- standing that this conveyance is subject to the same restrictive AGENDA ITEM # 8B SEPTEMBER 9, 2013 voL1i270 RE560 OFFICIAL RECORDS covenants, conditions and limitations as contained in a warranty deed between the parties hereto dated December 22, 1958, recorded in Volume 652, page 484, Official Records of said County in the same manner and to the same extant as if the land hereby conveyed tw'sr described and included as a part and parcel of said lands described in Volume 652, page 484 aforesaid. IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be executed in its name by its President and caused its Corporate Seal, attested by its Secretary to be hereto affixed the day and year first above written, C V 71.7 , r • i�,'sC�P03tZkorporate Ssal) .'` By :fittest ; R -C -B-S CORPORATION Signed and Sealed in our Presence; STATE OF FLORIDA C0t2 TY OF DUVkL Its Pres dent Before me personmlly appeared GEORGE BULL and HARCOURT BULL, JR.,, respectively the President and Secretary of R -C-B -S Corporation, a corporation under the laws of the State of Florida, to me well known to be the individuals and officers described in and who executed the foregoing instrument and sever- ally acknowledged the execution thereof to be their own free act and deed as such officers thereunto duly authorized; and that the arficial seal of said corporation i.s duly affixed thereto, and the said conveyance is the act and deed of said corporation, �WII'NE Kann and fficial seal this 1959, at C._,.ty and -2- a� of Jul e.4fores o' y Pub c,' Late o, _pa-3fia•. at.Large My Commission expires NDEarY PUblic, State of Florida at La* , Z y Commission Expires March Ll, 1962.-_, 9ondod by hmmcon Suety Co, of N. YC l�•,• AGENDA ITEM # 8B SEPTEMBER 9, 2013 Doc n 2011225291, DR 2E -15742 Page'1521, Number Pages: 3, Recorded 10/17/2011 at 03:25 PM, JIM FULLER CLERK CIRUU1T COURT DUVAL CODNTY RECORDING $27.00 DEED DOC ST $0.70 AGENDA ITEM # 8B SEPTEMBER 9, 2013 Prepared without title examination or opinion by: i7 Edward C. Ake1, Attorney 1 Independent Drive, Suite 2301 ' Jacksonville, 'Florida 32202 -5059 .(Collins: ECA 10 -294) WARRANTY DEED (With Reservation of Life. Estate) HIS INDENTURE, made this day of June, 2010, BETWEEN FRANK M. COLLINS, the nnremarried surviving spouse of OLLIE A. COLLINS, deceased, whose post office address is 2300 Larsen Road., Jadksonville, Florida 32207 of the County of DUVAL,.State of Florida, Grantor *, and FRANK TERRELL COLLINS and NICK M. COLLINS whose post office address is 2300 Larsen Road, Jacksonville, Florida 32207 of the County of DUVAL, State of Florida, Grantee *, WITNESSETH, That Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.D0 }, and other good and valuable con- siderations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, the following described land, situate, lying and being in the situate, lying and being in DUVAL County, Florida, described as follows: Lot One (1), Block.Nine (9), Selva Marina Unit No. 5, according to plat recorded in Plat Book .30, pages 29 and 29a, current public records of Duval County, Florida. SUBJECT, ROWEVER, to the restrictive,covenants contained in an instrument recorded in Volume 973, page 4.17,-Official Records of Duval County, Florida, as corrected and to taxes and assessments levied and assessed subsequent to December 31, 1969, THE GRANTOR HERESY RESERVES TO GRANTOR THE LXCLUSIVE POSSESSION, USE, AND ENJOYMENT OF THE SAID PROPERTY FOR AND DURING GRANTOR'S LIFETIME AS A LEGAL LIFE ESTATE UNDER FLORIDA LAW. and Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. 02.2K 15742 PAGE 1522 "Grantor' and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Witnesses: Print Name: Na Prime; v c � s Sign: Print As to Frank M. Collins STATE OF FLORIDA COUNTY OF DUVAL FRAI 1 Ilt _antor f he foregoing instrument was acknowledged before me this day of June, 2010, by FRANK M. COLLINS, the Grantor, personally known to me; or who produced a Florida Driver's License as identification, and who did take an oath and personally appeared before me, (Notary Seal) WitiQC_Wiuxam NOTARY PUBLIC STATE OF FLORIDA CominCOMMXMOS Exp r e 1115f2Dt3 NOTARY PUBLIC - STATE OF FLORIDA Print Name: EPDP L I\I LrE2 --5 My Commission expires:)I(D5/ oto Commission No.: 151)SPJ5' - 2 - AGENDA ITEM # 813 SEPTEMBER 9, 2013 AGENDA ITEM # 8B SEPTEMBER 9, 2013 EXIIIBIT AGENT AUTHORIZATION Date: A- 0.5f/4,5 ( , 2013 City of Atlantic Beach Planning and Zoning Department 800 Seminole Road Atlantic Beach, Florida 32233 Re: Agent Authorization for the following site location: Selva Marina Country Club To Whom It May Concern: You are hereby advised that the undersigned is the owner of the property described in Exhibit 1 attached hereto. Said owner hereby authorizes and empowers Rogers Towers., P.A. to act as agent to file application(s) for waiver for the above - referenced property and in connection with such authorization to file such applications, papers, documents, requests and other matters necessary for such requested change. STATE OF FLORIDA COUNTY OF DUVAL S*(E*-V `- CE'}t-1N CLUB, INC. Res' s' i /)c.5.4--/ B y : ‘ . ? <- /IBC Its:1 C —: (064/7 The foregoing was sworn and subscribed before me this 2013 by t'( c* ( AV If1 produced ) c C QI�tS� LiJ(w'- tary Signature) day of AW 14/-k , who is personally known to me or has as identification. SHARI WEISMAN NO) ,\RY PUBLIC STATr Cr- FLORIDA Co 'A1'0 OL10026945 E:X :NZ 9//612013 AGENDA ITEM # 8B SEPTEMBER 9, 2013 MAP SHOWING SKETCH AND LEGAL DESCRIPTION (SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION) N��'43'20"E 300.00, POINT OF BEGINNING NORTHEAST CORNER LOT 1, BLOCK 9 SEL VA MARINA UNIT N0. 5 P.B. J0, P5 29 -1 UI r L P1 R= 175.00' D=44'52'45" L= 137.08' CB= N78'19'39 "W CH= 133.60' R= 225.00' D=4620'33' L= 181.99' CB= N79'03'34 "W CH= 177.07' 577'46'10 "W 163.32 R= 25.00' D=90•02'50" L= 39.29' CB= 532'44'45 "W CH= 35.37' SHEET 2 OF 2 ABBREI4A II0NS THAT M47 BE USED IN 77115 SURVEY ABBREVIATION P.D.@ P.C. P.T. P.R.C. R/W 0R. V. Pg. Esm, DEFINITION Control Point Permanent Reference Monument Point of Beginning Point of Curvature Point o/ Tangency Point of Reverse Curvature Pond 99 of intersection DrR018 RecZds Volume Deed Book page Building Restriction Line Easement ABBREVIATION DEFINIRON L.B. Licensed Business R.L.S. Registered Land Surveyor 4EA. Jacksonville Electric Authority EQUIP 710p0/040011( A/C Air Conditioner C.A. T.V. Cable Television OHL Overhead Lines (.M.) Measured Field RR Rodlu quols L= Arc Lenth equals Ch.= Chord Bearing & Distance equols .= Deno or Centro' Angle equals LP, Iron Pipe Cana Concrete LEGEND O° 05140755 CONCRETE 60W/0ERT x —x 01710715 I£Hrl O 00107ES 7/T' IRON PIPE 1T MIN CAP. R MILLER 8 ASSOC e DENOTES 1RO4 0401 FOND DATE SCALE JOB No. F.B. Page Comp. File Drown by 8 -1 -13 1" =100" 2013 -14 -8 13- 14 -8.8w9 V /310 RICHARD A. MILLER & ASSOCIATES, INC. PROFESSIONAL LAND SURVEYORS 6707 BEACH BOULEVARD, 5U /7E 200 Fox (904) 727 -5758 JACKSthN14Lt£ FLORIDA 32216 Tele. (904) 721 -1226 G: IbackupO62713 \drawingslprojects\P- TASELVA MAR INA \13- 14 -8.dwg AGENDA ITEM # 8B SEPTEMBER 9, 2013 MAP SHOWING SKETCH AND LEGAL DESCRIP77ON (SEE SHEET 2 OF 2 FOR SKETCH) LEGAL DESCRIPTION: LOT 1, BLOCK 9, SELVA MARINA UNIT NO, 5, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGES 29 AND 29A OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, TOGETHER WITH A PORTION OF SECTION 8, SECTION 9, SECTION 16 AND SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT 77-15 NORTHEAST CORNER OF 5,410 LOT 1, BLOCK 9; THENCE SOUTH 1276'40" EAST, 752.34 FEET ALONG 711E WESTERLY RIGHT OF WAY LINE OF SELVA MARINA DRIVE (A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED), 752.34 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG 711E ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90'02'50 ", AN ARC DISTANCE OF 39.29 FEET AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH 32'44'45" WEST, 35.37 FEET TO THE POINT OF TANGENCY,* THENCE SOUTH 77'46'10" WEST, 163.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 225.00 FEET AND A CENTRAL ANGLE OF 4620'33'; AN ARC DISTANCE OF 181.99 FEET AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 79'03'34" WEST, 177.07 FEET TO 77-15 POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 175.00 FEET AND A CENTRAL ANGLE OF 4452'45'; AN ARC DISTANCE OF 137.08 FEET AND BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 78'19'39" WEST 133.60 FEET. THENCE NORTH 0736'42" EAST ALONG THE OPEN WATERS OF SHERMAN'S CREEK, 508.98 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 9; THENCE NORTH 12'16'40" WEST ALONG 111E WESTERLY LINE OF SAID LOT 1, BLOCK 9, 174.55 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 9; THENCE NORTH 77'43'20" EAST ALONG THE NORTHERLY LINE OF SAID LOT 1, BLOCK 9, 300.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 279,418 SQUARE FEET AND /OR 6.415 ACRES, MORE OR LESS. UNLESS IT BEARS THE SIGNATURE 050 THE ORIGINAL RAISED SEAL 06 A FLOR/DA LICENSED SURVEYOR AND MAPPER, 71115 DRARN5 SKETCH PLAT OR MAP l5 FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT VALID. NOTES 1. Bearings ore based an WAD 03/90 2. This H o SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY). J. Unless otherwise noted, any portion of Me parcel that may be deemed as Wetlands by Slate or Governmental Agencies, hos net been determined and any liability resulting therefrom Is nal the responslbi0ly of the undersigned 4. There may be Restrictions or Easements of Record evidenced by title erominotion shot hove not been shown hereon. ABBREVIATIONS THAT MAY BE USED IN THIS SURVEY SHEET 1 OF 2 eO LEGEND 0E1701E5 CONCRETE 4705047077 DENOTES FENCE O ['LITOTES 1/2" IRON F1PE 500 WTI CAP, R. 4111718 A ASSOC. DENOTES IRON PIPE FOUND DATE SCALE JOB No. F.8. page Comp. File Drawn by 8 -1 -13 2013 -14 -8 13 -14 -8. dwq WJM ABBREVIATION P.C.P. P.R.M. P.O.B, P.C. P.T. P.R.C. P. (. 0.R. O.R.V. /0. 8. 6s f m DEFINITION Permanent Control Point Permanent Reference Monument Point of Point 07 Currwfure Paint of Reverse Tangency Point o! ilersection Okla/ Records Volume Deed Book page udding Restriction Line Easement ABBREVIATION DEFINITION LB. Licensed Business R.LS Registered Land Surveyor J,EA Jacksonville Electric Authority A /CAP Air Conditioner C.A.T..V. Coble Television OHL Overhead llama (ELI.) Field Measured R— Radius equals. L= Am Lenth equals Ch.= Chord Bearing di. Distance equals 4 = Delta or Centro! Angle wools LP. Iron Pipe Conc. Concrete Gabackup062713 \drawings\projects/R- 77SELVA MARINA113- 148.dwg RICHARD A. MILLER & ASSOCIATES, INC. PROFESSIONAL LANG SURVEYORS 6707 BEACH BOULEVARD, SUITE 200 JACKSONVILLE, FLORIDA 32215 Fos (904) 721 -5758 Tele. (904) 721 -1226 1776 IS 10 CERT, TUT 77.3.5 587188 AND 1EGAL 7£5(007.7 PAS PREPM{D 4RDOT Yr S4 44570 AID M .400105750 47740 774E 1..01144 74044045 STANDARDS AS 4175044 AID 5,1770078 BY 7477 14470411 BOARD 8178810870554 LAND SURVEY., AND YAPPER[ D7 [RAPIER 54-17, (formerly CIGP7E7 07417 -65 !IOWA AWN/S7RA74E 0486 PUR9MNT 10 5707Rk4 - "27, FLORIDA STATUTES WILLIAM J. LAND 5URVE OF FLORIDA, REGISTERED TIFICA7E No 51343