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455 Atlantic Boulevard DocsCITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247-5826 Application Number . . . . . 05-00031341 Date 10/03/05 Property Address . . . . . 455 ATLANTIC BLVD Tenant nbr, name . . . . . . TREE REMOVAL Application description . . . TREE PERMIT Property Zoning . . . . . . . TO BE UPDATED Application valuation . . . . 0 Owner Contractor ------------------------ ------------------------ LEWIS, DAVID E. GARDEN ROOM LANDSCAPE DESIGN 455 ATLANTIC BLVD. 3002 SS. 3RD ST. ATLANTIC BEACH FL 32233 JAX BEACH FL 32250 (904) 237-0030 ---------------------------------------------------------------------------- Permit TREE PERMIT Additional desc . . Permit Fee .00 Plan Check Fee .00 Issue Date 10/03/05 Valuation . . . . 0 Expiration Date 4/02/06 ---------------------------------------------------------------------------- Special Notes and Comments APPROVED TO REMOVE SEVEN SABAL PALMS IN INTERIOR ZONE TOTALING 11611, EIGHT SABAL PALMS FROM EXTERIOR ZONE TOTALING 126", TWO PINE TREES IN INTERIOR ZONE TOTALING 301-, ONE 1211 ELM IN EXTERIOR ZONE AND ONE 1411 PINE TREE IN INTERIOR ZONE TO BE MITIGATED BY ONE 1211 LAUREL OAK, ONE 1811 LIVE OAK, SIX SABAL PALMS;15" MINIMUM IN DIAMETER, 12 WASHINGTONIA PALMS; 1511 MINIMUM IN DIAMETER AND 4 LIVE OAKS; 5.511 MINIMUM CALIP. Fee summary Charged Paid Credited Due --------------------------------------------------------- Permit Fee Total .00 .00 .00 .00 Plan Check Total .00 .00 .00 .00 Grand Total .00 .00 .00 .00 PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH[ ORDINANCES AND THE FLORIDA BUILDING CODES. 4. J B1 D N OFFICIAL A- s CITY OF ATLANTIC BEACH J TREE REMOVAL APPLICATION ff All applications must be submitted with two (3) copies and received by 5:00 p.m. on the Friday ten (10) days prior, to -the scheduled meeting in order to be placed on the agenda. INCOMPLETE APPLICATIONS OR INACCURATELY MARKED SITES WILL NOT BE PROCESSED. Design, Inc. for: Applicants Name: 3002 South "3'" Sfr t Jacksonville Beach, FL 32250 Address: D �8®4 S'f4g� 904-237-0030 Telephone #:J01;4 , F 11 4 . Address or Legal Description 455-461 Atlantic Blvd. Atlantic Beach, FL 32233 Of Tree Removal Site Sylvan Drive (Nearest cross street) (If legal description, list closest cross street Reason for Proposed New Construction -Building with Parking (33 spaces) Tree Removal Has this site been to the Tree Board Before? (Circle) YES s O NOT SURE Please provide the following information: SITE PLAN/TREE SURVEY indicating: a. Existing and proposed structures. b. Location of utilities and easements as applicable. c. Location, species and size of all trees with Diameter at Breast Height (D.B.H.) of six inches or more. d. Location, species and size of all trees to be removed should be clearly marked with an "X e. Location, species and size of all trees to be preserved on-site for replacement must be marked with brackets "[ ]". f. Location, species and size of any proposed new replacement trees marked with a circle "0". g. Location, species and size of all trees to be preserved on-site with barricading at tree drip line noted. ON-SITE REQUIREMENTS: a. Barricading at tree drip line of all trees to be preserved. b. Address/legal description must be posted in a conspicuous manner on site. c. The property corners must be marked by stakes or paint indicating the lot. d. All trees identified for removal MUST BE MARKED ON-SITE BY RED/ORANGE flagging, paint or tape. 800 Seminole Road - Atlantic Beach, FL 32233-5445 Phone: (904) 247-5800 • Fax: (904) 247-5854 • www.coab.us Page 1 of 4 e. All trees to be preserved on-site for mitigation MUST be marked with BLUE/GREEN flagging, paint or tape. LIST TREES PROPOSED FOR REMOVAL: CHOICES FOR REPLACEMENT: Choose one or a combination of the following to compensate for trees removed: a. Plant new trees on site b. Pay money into the Tree Fund at the current rate. c. Protect (save) other trees that qualify and mark trees to be protected on site. d. List in the columns below by diameter inches, for your choice of mitigation or replacement trees by inches. DIAMETER OF TREES * PAY INTO TREE SPECIES INTERIOR ZONE ** EXTERIOR ZONE ** APPLICANT'S COMMENTS OFFICE USE ONLY Sabal Palm Qty (7) 116" TO Qty (8)126" Ttl Palms on East property line might be saved if clear of pavement X Pine Qty (2) 30" Ttl 0 In Pavement Zone Elm 0 Qty (1)12" Ttl Might be saved if clear of pavement X Live Oak Pine QTY (1)14" DEAD Tree Qty (6) DEAD TREE - Washingtonia 15" Min. Dia. Qty (12) - - Palm CHOICES FOR REPLACEMENT: Choose one or a combination of the following to compensate for trees removed: a. Plant new trees on site b. Pay money into the Tree Fund at the current rate. c. Protect (save) other trees that qualify and mark trees to be protected on site. d. List in the columns below by diameter inches, for your choice of mitigation or replacement trees by inches. I HEREBY AGREE TO COMPLY WITH ALL PROVISIONS OF CHAPTER 23, ARTICLE 11, TREE PROTECTION, AND ALL OTHER APPLICABLE CODES AND ORDINANCES OF ATLANTIC BEACH Robert Nelson, Ga ernnom a cape Design, Inc 9-07-05 A cant's Si aturf I_ _ / Date ir'irrz7J�s Tree Conservation Board Chair Date 800 Seminole Road • Atlantic Beach, FL 32233-5445 Phone: (904) 247-5800 - Fax: (904) 247-5854 - www.coab.us Page 2 of 4 DIAMETER OF PLANT NEW PAY INTO TREE SPECIES TREE TREES FUND PROTECT 12" - - X Laurel Oak X Live Oak Sabal Palm 15" Min. Dia. Qty (6) - - Washingtonia 15" Min. Dia. Qty (12) - - Palm Live Oak 5.5" Min. Calip. Qty (4) - - I HEREBY AGREE TO COMPLY WITH ALL PROVISIONS OF CHAPTER 23, ARTICLE 11, TREE PROTECTION, AND ALL OTHER APPLICABLE CODES AND ORDINANCES OF ATLANTIC BEACH Robert Nelson, Ga ernnom a cape Design, Inc 9-07-05 A cant's Si aturf I_ _ / Date ir'irrz7J�s Tree Conservation Board Chair Date 800 Seminole Road • Atlantic Beach, FL 32233-5445 Phone: (904) 247-5800 - Fax: (904) 247-5854 - www.coab.us Page 2 of 4 x' CITY OF ATLANTIC BEACH TREE REMOVAL APPLICATION All applications must be submitted with two (3) copies and received by 5:00 p.m. on the Friday ten (10) days prior to the scheduled meeting in order to be placed on the agenda. INCOMPLETE APPLICATIONS OR INACCURATELY MARKED SITES WILL NOT BE PROCESSED. Ko Nelson, G den Roo Landscape Design, Inc. for: Applicants Name: ' - a' 3002 South im SireeCYacksonville Beach, FL 32250 Address: 904-237-0030 Telephone #: A1� 1A .3 JZ6� Address or Legal Description 455-461 Atlantic Blvd. Atlantic Beach, FL 32233 Of Tree Removal Site Sylvan Drive (Nearest cross street) (If legal description, list closest cross street Reason for Proposed New Construction -Building with Parkin 33 spaces) Tree Removal Has this site been to the Tree Board Before? (Circle) YES NO NOT SURE Please provide the following information: SITE PLAN/TREE SURVEY indicating: a. Existing and proposed structures. b. Location of utilities and easements as applicable. c. Location, species and size of all trees with Diameter at Breast Height (D. B. H.) of six inches or more. d. Location, species and size of all trees to be removed should be clearly marked with an "X". e. Location, species and size of all trees to be preserved on-site for replacement must be marked with brackets "[ ]". f. Location, species and size of any proposed new replacement trees marked with a circle "0". g. Location, species and size of all trees to be preserved on-site with barricading at tree drip line noted. ON-SITE REQUIREMENTS: a. Barricading at tree drip line of all trees to be preserved. b. Address/legal description must be posted in a conspicuous manner on site. c. The property corners must be marked by stakes or paint indicating the lot. d. All trees identified for removal MUST BE MARKED ON-SITE BY RED/ORANGE flagging, paint or tape. 800 Seminole Road - Atlantic Beach, FL 32233-5445 Phone: (904) 247-5800 • Fax: (904) 247-5$54 - www.coab.us Page 1 of 4 .e.' All #rees to be preserved on-site for mitigation MUST be marked with BLUE/GREEN flagging, paint or tape. LIST TREES PROPOSED FOR REMOVAL: CHOICES FOR REPLACEMENT: Choose one or a combination of the following to compensate for trees removed: a. Plant new trees on site b. Pay money into the Tree Fund at the current rate. c. Protect (save) other trees that qualify and mark trees to be protected on site. d. List in the columns below by diameter inches, for your choice of mitigation or replacement trees by inches. DIAMETER OF TREES * PLANT NEW PAY INTO TREE SPECIES INTERIOR ZONE ** EXTERIOR ZONE ** APPLICANT'S COMMENTS OFFICE USE ONLY Sabal Palm Qty (7)116" Ttl Qty (8)126" Ttl Palms on East property line might be saved if clear of pavement - Pine Qty (2) 30" Ttl 0 In Pavement Zone Elm 0 Qty (1)12" Ttl Might be saved if clear of pavement X Live Oak Pine QTY (1)14" DEAD Tree 15" Min. Dia. DEAD TREE - - Washingtonia 15" Min. Dia. Qty (12) - - Palm CHOICES FOR REPLACEMENT: Choose one or a combination of the following to compensate for trees removed: a. Plant new trees on site b. Pay money into the Tree Fund at the current rate. c. Protect (save) other trees that qualify and mark trees to be protected on site. d. List in the columns below by diameter inches, for your choice of mitigation or replacement trees by inches. I HEREBY AGREE TO COMPLY WITH ALL PROVISIONS OF CHAPTER 23, ARTICLE II, TREE PROTECTION, AND ALL OTHER APPLICABLE CODES AND ORDINANCES OF ATLANTIC BEACH. Robert Nelson, Gard La sc a Design, Inc cam,. 9-07-05 scan igna a Date Owner's Signa ure Dates Tree Conservation Board Chair Date 800 Seminole Road • Atlantic Beach, FL 32233-5445 Phone: (904) 247-5800 - Fax: (904) 247-5854 - www.coab.us Page 2 of 4 DIAMETER OF PLANT NEW PAY INTO TREE SPECIES TREE TREES FUND PROTECT 12" - - X Laurel Oak X Live Oak Sabal Palm 15" Min. Dia. Qty (6) - - Washingtonia 15" Min. Dia. Qty (12) - - Palm Live Oak 5.5" Min. Calip. Qty (4) - - I HEREBY AGREE TO COMPLY WITH ALL PROVISIONS OF CHAPTER 23, ARTICLE II, TREE PROTECTION, AND ALL OTHER APPLICABLE CODES AND ORDINANCES OF ATLANTIC BEACH. Robert Nelson, Gard La sc a Design, Inc cam,. 9-07-05 scan igna a Date Owner's Signa ure Dates Tree Conservation Board Chair Date 800 Seminole Road • Atlantic Beach, FL 32233-5445 Phone: (904) 247-5800 - Fax: (904) 247-5854 - www.coab.us Page 2 of 4 ALAN C. JENSEN Attornev at Law 935 North Third Street Yost Office Box 50457 Jacksonville Beach, Florida 32240-0457 Telephone (904) 246-2500 December 21, 2007 Donna Bussey, City Clerk City of Atlantic Beach 800 Seminole Road Atlantic Beach. FL 32233 RE: David E. Lewis — Mitigation 455-461 Atlantic Boulevard [.)ear Donna: Facsimile (904) 246-9960 E -Mail: Ala nrd)AJensenLaw.com VIA HAND DELIVERY I enclose the original Notice and Agreement of Mitigation in tic- above matter, which has been recorded in the official records of Duval County. I have provided copies of the recorded document to Tim Hanson and Erica Hall for the Tree Conservation Board. If you have any questions in this regard, please don't hesitate to contact me. Enclosure ACJ/sky Cc: James R. Hanson, City Manager (w/enc) Erica Hall (w/enc) (J�d by: R; c,� Yl'l�re �e��) L s �J� NOTICE AND AGREEMENT OF MITIGATION The undersigned hereby gives notice that he has removed trees from the property described herein which requires mitigation with the City of Atlantic Beach, Florida. The following facts are pertinent to this notice. 1. Description of the property: Lots 820, 821 and 843, Plat of Section No. 3, Saltair, according to plat thereof as recorded in Plat Book 10, page 16 of the current public records of Duval County, /Florida. 2. The owner o the proper*is avid�Iioseress is `� -1 TO i �hl4se N�/�6�pco� l (- , (D- �x . C (,4-, Ik 3. The property address where the trees were removed is: Address: 455-461 Atlantic Beach, Florida, 32233 4. The Trees were removed by authority of a tree removal permit, application number 05-00031341 issued by the City of Atlantic Beach, Florida (copy of the application attached as exhibit "A") 5. The application (exhibit "A") calls for certain mitigation as set forth in the Special Notes and Comments clause thereof, 6, to addition to the trees described in the application two other hardwood trees were removed and several of the removed trees were considered dead thus bringing the total mitigation to 314 inches. It is the purpose of the notice to evidence that the required mitigation described herein is not yet completed and that this burden to so mitigate shall run with and be a burden upon the land until completed. Evidence of the completed mitigation shall be the recording of a document stating same by the City of Atlantic Beach, Florida. To allow transfer of ownership of the above described property, the parties hereto have agreed to the terms herein and that the recording of this Notice and Agreement to Mitigate does constitute a lien, cloud or encumbrance on the described real property. However, this Agreement doest not release David E. Lewis from any obligation to the City for mitigation on the property described herein. Should legal action be taken to enforce the terms herein the prevailing party shall be awarded all cost, fees and reasonable attorneys fee. City of Atlantic Beach anager TATE OF Florida COUNTY OF Duval David E. Lewis, Owner Sworn to and acknowledged before me this /'/''day of & Ij,w44,/, 2007 by David E. Lewis who produced a drivers license as identification. � / l Q GS�tatd Notary Public, �said 9&r At.&I A&*1 a Z < ro.f' Notary Printed Signature My commission expires: /wove ---t b e- /I 1 4.0 / 0 - A - !1 T/ -.....A.. RACHEL MARIE MAZERES MY COMMISSION # DD614147 osn0 EXPIRES: November 13, 2010 407 398-0153 F1ond8Noteryserv.___ 11/,13/2007 09.47 1 -'AA UU4 247 UU61 tiiCHARD '1MUKLUkH A11 ip.jUU.f .'`10/2212007 14:35 FAX 9042476535 EAKIN&SNEED x{003/003 Exhibit "A" !i r J j� ' CITY' OF ATLANTIC B -4ACH 800 SE UN0LE no" ATLANTIC BEACH, FL 32233 R4S0E%CT10N rXIONE LINE 249-5826 Application Number . . . . _ 05-00031341 nate 10/03/05 Property Address . . . . . ., 455 ATLANTIC RLV12 To ant: zsbs, natme . . . . . TREE RrmmOVAL Application deBcr'iption . . . TREE PERMIT Property Zoning _ . . . . . TO BE UPDATED Appilvation 'v'aluati-oxi . . . . 0 0*me3f1 Contractor LEW'I S , DAVID R. GARDEw ROAM LANI)SCAps DESIGN 455 ATLANTIC B2,VD. 3002 SS_ 3RD ST.. ATLANTIC BEA.C$ FL 32233 .TM BEACK FL 32250 (904) 237-0030 ----------------------------------------------------------- _ _ T 1t TR Addltioresal desc . . Perm.'Lt Fee _ _ 00 Plan cht-ack Fee .00 IaBua Date 10/03/05 Valuativ�s o Eatpira.tion mate 4/02/06 ; -----5`p�cial Notes aar3 Commeata ^--_ - .. _-___,---------_-......----_-_-.. APPROVED Tp REMOVE SRVM SAAAL PALMS IN INTERIDR ZONE TOTALINM 3-1611, EIGHT SARALL PAI MS FROM EXTERIOR ZONES TO'r` LING 126-1, TWO PIM TRPLES xN INTERIOR ZONE TOTALING 30", ONE 2211 8L4 IN EXTERIOR ZONis AND ONE 144 PINS TREE IN I=ER2OR ZoNS TO BE M=TIGATLD BY ONE 12" LAUREL OAX, ONE 18 0 LIVE OAK, SIX SAAAL 'ALMS ;15 n MTIT.PMUM 3:W DIAMETER. 12 WASirmGTONIA 1°ALMS r 3-s", MIMIMUM IN DIADMTF..'R AND 4 LIVE OAKS; 5.S11 MINIMUM CA xp . Fee sumtnaxy Cha=sed Paid Credited Due ~-Total _00 .00 .00 ------ - --~~----rW - Permit rere .00 Plan Check Total .00 .00 .00 .00 Grand. Total .00 .00 .00 .0 0 PERMM W APPROVED ONLY iN ACCA32 A1SNCZ WnM ALL CU V OF ATI./ rMC ORDRq&WC7r$ AM TOE VI.G U,1, urm miNC CX)wffm EXHIBIT ,. k A