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129 12th Street PACKET 09.01.2006 (Moss/Watson/Wilson) iii yL�l j� CITY OF ATLANTIC BEACH BUILDING AND PLANNING a 31 800 SEMINOLE ROAD lJ i ATLANTIC BEACH,FLORIDA 32233-5445 n •QF --�' S) TELEPHONE: (904)247-5800 FAX: (904)247-5845 http://ci.atlantic-beach.fl.us �. �•�fig:,.. Js319� COp SeSeptember 1, 2006 Y Carol W. Moss 24727 Deer Trace Drive Ponte Vedra Beach, Florida 32082 Dear Ms. Moss: With assistance from City Attorney Alan Jensen, I have reviewed the Corrective Warranty Deed and Judgment Reforming Warranty Deed as ordered by Circuit Court Judge Bernard Nachman on July 20th of this year. Based upon Judge Nachman's order and other information provided relevant to this matter, the City hereby recognizes your lot, as described in EXHIBIT A as "LAND WHICH SHALL BE RETAINED BY GRANTOR" as a Lot of Record, which is approximately 50.30-feet in width, 100.10-feet in depth containing 5018 square feet of lot area. This lot may be developed with a single-family residence subject to meeting applicable Building Codes and Land Development Regulations for such construction. Please bear in mind that new development on this property cannot create any nonconforming characteristic for this lot or adjacent lots. Please feel free to call me at (904) 247-5826 with any questions. Sincerely, jam+, Concur: �G' ' (117),(,4-ifc D„ / "r ensen, City Attorney Sonya Doerr, AICP Community Development Director Enclosures • c ---) D7 - y�-Y ' / _u - ( �-- 7 1.2 l� o d�G _491627 a-�-E- z !, - - f-( . °� • Ce. •dir . 11` — v--r • • • • •••• • • • • • • • • • • • • a • 0 REGAN ZEBOUNI & WALKER P. A. Charles R.Walker,Jr.,Esquire cwalker@rzwlaw.com Direct Dial: (904)356-7057 July 12, 2006 Via Hand Delivery Gene T. Moss 337 East Bay Street, Suite B Jacksonville, FL 32202 Re: Twelfth Street lot owned by Carol W. Moss and Candace W. Watson Dear Gene: Per your request, this letter outlines the vested rights of your wife, Carol Moss, and her sister, Candace Watson, in their property located on Twelfth Street in the City of Atlantic Beach, which is located in an "RS-2" residential, single family zoning district. Dating back to May 12, 1959, Carol's and Candace's parents owned all of Lots 3 and 4 and the East 24 feet of Lot 2 at Block 50, Mandalay, City of Atlantic Beach. In 1999, Carol's and Candace's mother, Jane Lewis, entered into an agreement to sell a portion of that property to William and Tricia Huggin. The intention was for Ms. Lewis to retain a parcel of land sufficient to construct a residence at a later date, and to sell the remainder (including an existing home) to the Huggins. Prior to the sale, Rick Watson, Candace's husband, was verbally advised by the City of Atlantic Beach that retaining a 50' x 100' parcel (5000 sq. feet) would be sufficient to allow the construction of a residence at a later date. Consistent with that representation, Ms. Lewis reached an agreement to sell all but 5000 sq. feet of her property to the Huggins. The sale to the Huggins was consummated by a Warranty Deed recorded on December 22, 1999 at Book 9500, Pages 19-20, Public Records of Duval County (the "Warranty Deed"). The legal description in the Warranty Deed mistakenly transferred six inches more of frontage than what was intended by the parties, resulting in an erroneous record that Mrs. Lewis retained a 49.5' x 100' lot. The mistake was recently discovered and is the subject of an action to reform the Warranty Deed. As we discussed, the action should be resolved shortly by a Joint Motion for Entry of Judgment Reforming Warranty Deed (copy attached). The proposed Judgment Reforming Warranty Deed, once entered, will retroactively reform the Warranty Deed to reflect the parties' true intent and agreement that Mrs. Lewis retained a 5000 sq. foot parcel of land in 1999 and will include a legal description of that parcel. 9905 ST. AUGUSTINE ROAD, SUITE 400 JACKSONVILLE, FLORIDA 32257 TEL: (904) 356-1300 FAX: (904) 356-8050 Gene T. Moss July 12, 2006 Page 2 In 1982, Chapter 28 of the Ordinance Code of the City of Atlantic Beach was amended in its entirety by Ordinance No. 90-82-74 (the "1982 Zoning Ordinance") (copy attached). The 1982 Zoning Ordinance created an RS-2 Residential Single Family zoning district with a minimum lot or site area requirement of 5,000 sq. feet and minimum lot dimensions of 50' x 100'. [p.3-21] The minimum lot size requirements of the 1982 Zoning Ordinance remained in effect until the most recent zoning regulations were adopted in 2001. The recent Zoning, Subdivision and Land Development Regulations appear in Chapter 24 of the City's Ordinance Code (the "Zoning Regulations") (copy attached). Section 24-105 of the current Zoning Regulations [p.46] states: The minimum size for Lots within the RS-2 Zoning Districts, which are created after the initial effective date of these Land Development Regulations, shall be as follows: (1) Lot or site area: 7,500 square feet. (2) Lot width: Seventy-five (75) feet. (3) Lot depth: One hundred (100) feet. Existing legally established Lots of Record may exist, which do not meet the above requirements. These Lots may be developed subject to all applicable Land Development Regulations.... (emphasis added) The initial effective date of the Land Development Regulations was January 1, 2002, as reflected at the bottom of each page of the Regulations. Based on the express language of the Zoning Regulations, lots located in an RS-2 district and created prior to January 1, 2002 are not required to meet the 7500 square feet (75' x 100') minimum lot size requirement. The continuing application of the 1982 Zoning Ordinance minimum lot size requirements to pre-existing lots is confirmed by the "General Lot and Site Requirements for Zoning Districts" publication found on the City's website (copy attached). That publication states that existing Lots of Record in an RS-2 district are merely required to have a minimum lot area of 5000 square feet, and only new residential lots are required to meet the 7500 square feet minimum. The Zoning Regulations define a Lot of Record to include: a Lot or parcel of Land described by metes and bounds, the description of which has been recorded in the Office of the Clerk of the Circuit Court, consistent with and in compliance with Land Development Regulations in effect at the time of said recording. [pp. 13-14] The Twelfth Street lot owned by your wife and her sister was recorded in the Office of the Clerk of the Circuit Court in multiple ways. First, two easements were recorded contemporaneous with 2 • Gene T. Moss July 12, 2006 Page 3 the Warranty Deed that included a legal description of the parcel of land retained by Jane Lewis after the sale to the Huggins (copies attached). Although those legal descriptions suffer from the same error as the Warranty Deed, the descriptions will be subsequently cured by the Judgment Reforming Warranty Deed. Second, the legal description of the parcel of land retained by Ms. Lewis can be easily surmised by the description in the Warranty Deed and the survey attached thereto (again, the error in which will be cured by the Judgment Reforming Warranty Deed). Finally, the proposed Judgment Reforming Warranty Deed itself contains a legal description of the lot retained by Ms. Lewis, which will apply retroactively upon execution and recording. To the extent any question is raised about strict compliance with the definition of a "Lot of Record," there is little doubt that Carol and Candace have common law vested rights in the Twelfth Street Property. Prior to the enactment of the Zoning Regulations, Carol and Candace owned a lot sufficient in size to construct a single family residence, regardless of the method by which they satisfactorily established compliance with the minimum lot size requirements (legal description, survey, property appraiser's record, etc.). A strict form over substance approach to the definition of Lot of Record that resulted in depriving them of that pre-existing right would be nothing more than a taking without compensation. Further, the express intent of the Zoning Regulations compels recognition of Carol's and Candy's vested rights in their property. Section 24-85 [p.38] provides as follows with respect to Nonconforming Lots: Intent. Within the established Zoning Districts, there exist Lots, Structures and Uses of Land that were lawful prior to the adoption of these Land Development Regulations. Such Lots, Uses and Structures would be prohibited, restricted or regulated through the provisions of this Chapter or the adopted Comprehensive Plan. It is the intent of this Section to recognize the legal rights entitled to property owners of existing Nonconforming Lots, Uses and Structures, and to permit such nonconformities to continue in accordance with such rights, but not to otherwise encourage their continued survival. (emphasis added) Carol and Candace have rights in their Twelfth Street property dating back to 1959 and were entitled to construct a residence on their lot (as reformed) at all times prior to the January 1, 2002 effective date of the Zoning Regulations. Section 24-85 makes it clear that the Zoning Regulations were in no way intended to deprive Carol, Candace or any other property owners of their pre-existing rights. All provisions of the Regulations must be read in light of the City's express intent to preserve existing rights and to permit existing nonconformities to continue in accordance with those rights. 3 Gene T. Moss July 12, 2006 Page 4 Based on the foregoing, Carol Moss and Candace Watson have vested rights in their property and are entitled to construct a single family residence on their property in accordance with the 5000 square foot lot size minimum in existence prior to January 1, 2002. Sincerely, 641111J14 )it. Charles R. Walker, Jr. Enclosures CRW/bmc 4 IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2006-CA-003767 DIVISION: CV-E CAROL W. MOSS and Doc#2006252368, OR BK 13403 Page 669, CANDACE W. WATSON, as individuals, Number Pages:8 Filed&Recorded 07/20/2006 at 1153 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY Plaintiffs, v. WILLIAM W. HUGGIN and TRICIA E. HUGGIN, husband and wife, Defendants. T' / 5 i•u JUDGMENT REFORMING WARRANTY DEED -' Q"1 This cause having come before this Court upon the Joint Motion of the parties, and the Gti Court having considered the Joint Motion and the arguments of counsel and otherwise being advised in the premises, it is: ORDERED AND ADJUDGED: 1. The Warranty Deed recorded on December 22, 1999 at Book 9500, Pages 19-20, Public Records of Duval County (the "Warranty Deed") is reformed to the form attached hereto as Exhibit "A" (the "Corrective Warranty Deed") to correct a mistake in the Warranty Deed and reflect: a. The true intent and agreement of the parties that Jane Wilson Lewis a/k/a Barbara S. Wilson a/k/a Jane S. Lewis a/k/a Barbara S. Lewis a/k/a Barbara Jane S. Wilson Lewis and her successors, heirs and assigns would retain 50' x 100' foot lot by selling Defendants all of Lot 4 and a portion of Lot 3 at Block 50, Mandalay, City of Atlantic Beach, 1 Duval County, Florida, such that Mrs. Lewis would retain 50 feet of frontage on 12th Street comprised of her ownership interest in Lots 2 and 3 remaining after the sale. b. That the East 23 feet of Lot 3, together with Lot 4 at Block 50, Mandalay, City of Atlantic Beach, Duval County, Florida, as shown on the plat thereof, recorded in Plat Book 10, page 11 of the current Public Records of Duval County, Florida, was conveyed to Defendants William W. Huggin and Tricia E. Huggin (Parcel ID# 171826 0100). c. That Jane Wilson Lewis a/k/a Jane S. Lewis a/k/a.Barbara S. Lewis a/k/a Barbara S. Wilson a/k/a Barbara Jane S. Wilson Lewis and her successors, heirs and assigns retained a recorded lot described as the East 24 feet of Lot 2 and the West 26 feet of Lot 3 at Block 50, Mandalay, City of Atlantic Beach, Duval County, Florida, as shown on the plat thereof, recorded in Plat Book 10, page 11 of the current Public Records of Duval County, Florida(Parcel ID# 171826 0000). 2. The terms of the Corrective Warranty Deed are effective retroactively to the respective dates the Warranty Deed was originally executed and recorded for all intents and purposes. 3. This Judgment and the Corrective Warranty Deed attached hereto shall be separately recorded in the Public Records of Duval County as notice to all interested persons that the Warranty Deed has been reformed as set forth herein. 4. All parties shall bear their own attorneys' fees and costs incurred in this action. Done and ordered this day of , 2006, in chambers, Duval County Courthouse, Jacksonville, Florida. The HonorablBernard Nachman Circuit Court Judge 2 ikons 1111+2006 13:16 ' Moss, Rafuse and Rosati 9043556940 Page 3 :111 X11 F:' ' y:i 1 C�' ti I1.1 13 1I4 , • . 1 I (�{ <.I 4 111 14,1,): :1W:;.;',71:'.1)Prepared by •and Returil to.• '•I i 'I I,` Melissa Gross-Arnold,Esquire II�, Ii g� Lewis, Longman R VJalkcr, P.A. . x j I' '' I F + :345 Riverside Ave SIC. 150 iy, , Doc#2006252468,OR OK 13403 Page 1004, ll ,l,!:;,:.,: 'Jacksonville,FL 32202 Number Pages.0 1 Filed E.Recorded 07190,2006 at 12:31 PM, %a JIM FULLER CLEr2K CIRCUIT COURT DUVAL COUNTY. I r Property rlri?raiser's j ! Parcel Identification No, 171826-0100 RECORDING$44.00 , �. DEED DOC S1 $0.70 a I :g CORRECTIVE WARRANTY DEED 1•,`i 'i This Corrective Warranty Deed, made this 40 1 day of 1,... . 2006, ll l ':`''l: ,' :,; h'between tib' it Carol - - Moss, whose est office address is 2 727 Deer Trace.; neve, Polite Vedra. .4.: 'l' _. Beach, Fl. 32082 of the County of St. Johns, Stale of Florida, and Candace W. Watson. whose f I I1 l Iµ• post office address is 1412 Fant Court, St. George Island, FL 32328 of the County of Franklin, i'I : State of Florida, as heirs of Barbara S. Lewis, a/k/a Jane S. Lewis, deceased, hereinafter referred I to as the �`Ciruntor," and William W. Huggin and Tricia I•:. I luggin, husband and wife, whose post p;:; •I••• office address is 129 12'h St.,Atlantic Beach, FL 32233, of the County of Uuval. State of Florida. 7 .1.1 ,: ;,..I I - hereinafter referred to as the "Grantee." 4 ,I • --,I'' a: (Whenever used herein the term "grantor"and"grantee" include all the parties to this instrument and the heirs. legal , I,,� :: 1 representatives and assigns of individuals,and the successors and assigns of corporations). 'iI i Witnesseth that Grantor, for and in consideration of the sum of "Fen and No'100 Dollars, 1• and other valuable considerations, receipt and sufficiency whereof is hereby acknowledged, 'I. hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee. ".! f all that certain land, situate, lying and being in DUW L County, Florida, to wit: • t; ill:, t SFE ATTACHED EXHIBIT"A" I . '•(oll II ;"fT i Said property is not the homestead of the Grantor under the laws and constitution of the State of .: i Florida in that neither Grantor nor any members of the household of Grantor reside thereon. I! Id;1' SUIBJ1,C•l 'I'C) real estate taxes for the current year and subsequent years. !t:I - ..SUBJECT TO covenants, restrictions and easements of record, if anyhowever. this 1 '' reference shall not operate to reimpose same. • rI• i • sII .TOGETHER with all the tenements, hereditaments and appurtenances thereunto , ri1a1, a': belonging or in anywise appertaining 1 'L 'I•U I IAVt'.AND TO HOLD the same in fee simple forever. ` ' ANI) the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized . �: , !:. of said land in fee simple; that the Grantor has bond right and lawful authority to sell and convey ''1 ii?. said land; that the Grantor hereby fully warrants the title to said land and \ •ill defend same i11 J.. against the lawful claims of all persons whomsoever: and that said land is free of all •ik - rr.Ij,1; encumbrances. 1, ,r ` ll _ ll I. l.li _ 11 : 1 UG 1 i,. '006 13:16 Moss, Rafuse and Rosati 9043556940 Page 4 Full li : I t ..sae d: • :1.'...!1.' i-.',1,.,.:. tl - I. jI . '1,;.1.,,,.,.ll F it, j ' a� 4ti I -. I1. 0014.i • , '• , E i .0 This Corrective 'W'arranty Iced is intended :to correct the legal description in, and to .101;,;'; confirm the property retained by Grantor h),;that certain Warranty Deed from Barbara.S. '11 11:,....::=, . Lewis, a/k/a :lane S. I.eFris, to William W. Huggin and Tricia E. Huggin, dated December t 'il.'' . 10, 1999, and recorded December 22, 1999, at Official Records Book 9500, Page 19, of.the current public records of Duval County, Florida. V ''. . ,, . I iCt In Witness Whereof, Grantor has signed and scaled these presents-the day and year first a i above written: ' Signed,sealed, and delivered in our presence: ;t I � ./ 1 /47 .. , ( e,' ‘2-61}1.72 c 7-2-------/ • 4 t►.'irst Witness-As t arol V�. ibioss) Carol W. Moss, as heir to Barbara S. Lewis, . 4' H;if Printed or typed namJ�/.r // c,, / /k a 'a Jane S. Lewis >ilii` • I ,i,z_ 4s .:L1 A, W ,-•C-\ iis; . - - ;:'l;Ii' . (Seco td Witness-As to Carol W. Moss) lit.if; ` Printed or typed name: STEP .1.R H • 't ri f - . " , ; S'fAfOFN01l )A _ — • 41 COUNTY c ' C.—)1 . G�'U� � . . _ — , Il : ' ¢ i kt II •I'1 FORI:,00ING CORRECTIVE WARRANTY DEED was acknowledged before me this ,: \` f`�.�� ')(, day of July, 2006. by Carol W. Muss, who is personally known to me or who has '�I Ii produced 7~Lei'i..Ve .L. CC-l'1 a identification. (;:ti. .]: I. \. - .l'A-a—t t.,k_j .,\f'xikr.(..'L!'i d'• Nota i'u tic STIEPu rr BURCH .-; , • ;.;*".,a4, Stephanie Burch My Commission Expires: `',, !! j, Commission#00424424 Printed, typed or stamped name: II�I ,I Ice :4;,/...` Expires May 1, 2009 �• i' I(i„';(` 9aIlaG T.,.,•fpr.irow7ncy.Inc.X.•3 Jnr I I�i.' jl I.; i.l i i' . 'l ` NI I' ri A., r 1. I'. I I,: '1,s �I,, 2 t. 11 !l° Illi ' uri: 0,11ii v ,G11,..2006 1.3:17 Moss, Rafuse and Rosati 9043556940 Page 5 i 1 i.: . 1,1 . ii:I.:,...: ,.,.,i ,,,,,,11 ,„,,..,.,; Signed.Silied, and deliverc 1 in our presence:-'4 U r . • / (First Witness As to Can -W. Wats( ) Ca - W. Watson. as heir to Barbar lia •f-, •i, . . • •li:: ' Printed or typed name: .c.-1/Y..:Ax— .ewis, alkia Jane S. Lewis ...F '!,... t t•,' ,.!1; q • ; 1 f• ,ir , .. ... . It (Second Witness-As to ( andace•W. Watson) ;t,0!ir.• •; Printed or typed name: (46pheR4 - 11 . -174 Ili.: 11.1,11,.. STATE OF FLORIDA :•:., ..,,it ;..:..1.i, i. COtININ OF Of.1k)\X") C • 1 1 JHE FOREGOING CORRECTIVE WARRANTY DEED as acknowledged before me i 111,1 ;;!0 this1111A' dav ol ,July 2006, by Candace W. Watson. who is personally known to me or who „ - 1.4ts proKt duced :0.4W' Oi I ieiS LACeoCi----as identification. ;,• 1.!,1,, ir.•,!: ',i1i. • • : ;!•1 t!:;il'ir Notary Public . ,,ii STEPHENIE SCOTT .1:,Pr, NOTARY FLUX•STATF 0,FLOW. COHNSSION I Dolsoi6s My Commission kxpircs: i.i.;"...1•; Printed. typed or stamped name: 'lli' ocotar TWW t8&4Ot1Fri . - :) ! ..,..c il 1:11; k ' OA - Illin . 0 il!! i Hi .L. q . Ico,i: 1.: p 3 ., ,... iI 1:''' -:11E! 4 , 2006 13:17 Mons, Rafuse and Rosati 9043556940 Page 6 y., �;11E4: :,1-1111 [ 11 , I u1 e«t1 l 'rtriJ 11�fir. k '* In Witness Whereof, Grantee acknowl dges and accepts the foregoing the day and year T', I I .0 1nst.above written. 1 4; G IL 1i �' t.Ix�S Sieueil, scaled, and dclivured in our presence: ` yir1it F• I�'ll ti 6 v .�G..- . iii141::::7,.:11;i4:,,,,1:: (l-'irst Witness-A. o NW'iliie W. I Iuggin and William W. 1- gg . 1I-$11 Al ' iir. Tricia E. I lug-gin) `.l;; t Printed or typed name:tt %-// 411•/Ey i • as / ' Il i r : , i zci acci&&p 0,v6t-\ S £ C.f CI �l 111 i, „1„..,,, t, ,i.e., , (Sec(nd Witness•As to William W. Huggin and Tri E. Huggin • J 7-..H 7 Tricia E. Huggin) ;'.11!1 Printed or typed name: STEPHANIE BURG a '111 STATE OF [•LORI A :i Ii, COUNTY OF 5 Ilia `''`° .111.F. FOREGOING CORRECTIVE WARRANTY DEED was acknowledged before inc :1'0 this 0O'r day of July, 2006, by William W. Huggin and Tricia E. Huggin, who arc : P!i'• personally known to me or who have producedIL D{ r V .5 LiCO'LS Ss identification. StephanieNotaryPlrblic v�'} il;i ;;e'Y-1:` , Burch H�►ME BURCH .l�I :�1 " ,,�� "=Commission#DD424424 My Commission Expifd 4t1 i ;�:f :.Expires May 1, 2009 Printed, typed or stamped name: ;` I,T ij,,1\• pMaM(1,Fein.Ingo ma.. 9;,0•3854011 .;If'It II L 1 k''.1 ' 1 NOTE: No title search or examination of title perfornied or reduested- 1 1,1 :I' 'IFI I 6 L!}' 'i t...,lil,I • •rp;t i.1J:: Nrr ii !l '1 f, Fii i i 4"I, AVG 1I, 200613:17: Moss, Rafuse and Rosati 9043556940 Page `.7 t ice? ,i r -.l, '� " F,il. EXI IIBIT A .0 f ' I,I:C,?,NL DESCRIPTIONS OF PROPERTY CONVEYED TO GRAN'l'I T. AND }�ti i;: PROPERTY RETAINED 13Y GRANTOR •lifilt 1.1. '!I e' BLOCK ,50. MANDALAY. '( i ' THE ESS"1' 23.QQ FEET OF LOT 3, TUGE�:'I'1'IFR WITH I.(7T 4, .I.:1-11,1 fCITY OF A I I..AN'f'lc BEACH, DUVAL COUNTY, FLORIDA, AS SI-IOWN ON 'TT-IF. PLAT q,lk, THEREOF, 'RECORDED IN PLAT BOOK 10, PAGE 11, OF "1'111 CURRENT PUBLIC ;' ;' [ iI : RECORDS OE DUVAL COUN'1\, FLORIDA I H u:t ii,r ; : AND BEING OTHERWISE DESCRIBED AS FOLLOWS: •1 ,,; ,I • I'lll; I.:.'�S'I' 24.00 FEET OF LOT 2, TOGETHER WHIT TOTS 3 AND 4, BLOCK 0, . t pal, l MAND.AI.AY, CITY OF ATLANTIC: IiEACH, DUVAL COUNTY, FLORIDA, AS SIIOWN '° Y' ON Till.'. PI.A i'THEREOF, RECORDED IN PLAT BOOK 10, PAGE': 11. OF THE CURRENT �I„ Til PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, LESS ANI) EXCEPT THE FI` ”''i FOLLOWING LAND wiii(.:II SHALL BE RETAINED 131' GRAVTOR: '. ';'';tel , ;! ;-, .i,, 'TI II: EAST 24 FEET OF LOT 2, TOGETHER WITH THE WEST 26 VEEET OF LOT 3 AS ' +"'!! SHOWN ON MAP OF MANDALAY, CITY UI AI'[.ANTIC BEACH. DUVAL COUNTY, , 1 ! FLORIDA, AS RECORDED IN PLAT BOOK 10, PAGE 11 OF THE PUBLIC RECORDS OF �.IM.;'�;y`i'• - DUVAL COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS ir i • FOLLOWS: COMMENCE: Al'' THE SOUTHEAST CORDER OI'- LOT OF SAID n MANDALAY, LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF 12'-'( STREET (A r 1" 40 FOOT RIGHT-OF-WAY AS NOV91 ESTABLISHED); THENCE WESTERLY ALONG E.1 it SAID NORTHERLY RIGHT-OF-WAY LIN l'., 72.0(1 FEEI- '10'I'HIE POINT OF BEGINNING; I.H.. THENCE: CONTINUE WESTERLY ALONG SAID NORTHERLY RIGl1'1-OF-WAY LINE. :�:II"1 ' • 50.00 ITE;l; TI CE:NCI.: l'I IRUIJOI I AN INTERIOR ANGLE OF 89° 52'22" TO THE LEFT, '1' MIN NOR'l'III•:RI.Y 1(10.10 FE:t-:'I; 'I'IIENCE THROUGH AN INTERIOR ANGLE OF 90° I tl 02'22" TO THE LEFT, RUN EASTERLY 50.30 FEET; THENCE THROUGH AN INTERIOR t ' ANGLE OF 89°49'12" TO THE LEFT, RUN SOUTI I R1.Y 100.03 ri:.1 'I"l'O 'I I I1? Poi NT OF !'' s. BEGINNING. i ,; , ;,j:K fl SAID LAM) RETAINED BY GRANTOR CONSISTING OF 5018 SQUARE FEET. 4 fit,; 11 ,4 V' 11,1[1: ,,,p, ( 1 'i 'i s u.. tiea up), June 9, 2006 The "Initial Effective Date" included in the footer does not mean that these regulations were not in effect prior to that date. That date represents the effective date of Ordinance 90-01-172, adopted November 26, 2001, which re-adopted, with amendments, all of Chapter 24 (The Zoning, Subdivision and Land Development Regulations) in its entirety. Many of the regulations that were re-adopted at that time had been in place for many years, including the requirement for new lots to be 75-feet in width and 7500 square feet in lot area. This requirement has been in place since at least 1969. The specific below language was added to the 2001 re-write to clarify this, not to imply that lots smaller that 75-feet in width and 7500 square feet in size, that were created before 01-01-02, were automatically considered as legal Lots of Record. (d) Minimum Lot Size. The minimum size for Lots within the RS-2 Zoning Districts, which are created after the initial effective date of these Land Development Regulations, shall be as follows. (1) Lot or site area: 7,500 square feet. (2) Lot width: Seventy-five(75)feet. (3) Lot depth: One hundred(100)feet. Existing legally established Lots of Record may exist, which do not meet the above requirements, These Lots may be developed subject to all applicable Land Development Regulations; however, all Lots created after January 01, 2002 must comply with the Minimum Lot Size requirements in order to obtain Building Permits authorizing Development. (See Section 24-188 and Section 24-189.) sbd Lot of Record shall mean: (a) a Lot that is part of a documented Subdivision,the map of which has been recorded in the Office of the Clerk of the Circuit Court, or (b) a Lot or parcel of Land described by metes and bounds,the description of which has been recorded in the Office of the Clerk of the Circuit Court, consistent with and in compliance with Land Development Regulations in effect at the time of said recording. Lot Width shall mean the mean horizontal distance between the side Lot Lines, measured at right angles to its depth. Marina shall mean an establishment with a waterfront location for the purpose of storing water craft and pleasure boats on Land, in Buildings, in slips or on boat lifts, and including accessory facilities for purposes such as refueling,minor repair and launching. Mean High Water shall mean the average height of the high waters over a nineteen (19)year period or for shorter periods of observations; the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean nineteen (19)year value, as defined in Chapter 253,Florida Statutes. Mini-warehouses shall include all those businesses commonly known as mini-warehouses, which shall be utilized for the sole purpose of storage of tangible personal property. No business activity shall be conducted within Mini-warehouses. Mobile Home shall mean a Structure, transportable in one or more sections, which is eight (8) feet or more in width and which is built on an integral chassis and designed to be used as a Dwelling when connected to the required utilities including plumbing,heating,air-conditioning, and electrical systems. Nonconforming Lot of Record shall mean a Lot of Record containing less than the minimum site area, site dimensions or other site requirements of the applicable Zoning District, or which is not in compliance with the provisions of other currently effective Land Development Regulations, as may be lawfully amended, but which was legally recorded and documented prior to the effective date of such Land Development Regulations. (See Lot and Lot of Record). Nonconforming Structure shall mean a Structure or Building or portion thereof, which does not conform with the Land Development Regulations applicable to the Zoning District in which the Structure is located, but which was legally established prior to the effective date of such Land Development Regulations. Nonconforming Use shall mean the Use of a Structure or Building or portion thereof, or Land or portion thereof, which does not conform with the Land Development Regulations and / or Comprehensive Plan Future Land Use Map designation applicable to the Lands in which the Use is located, but which was legally established prior to the effective date of such Land Development Regulations or Comprehensive Plan. Nursing Home. See Group Care Home. Occupied includes designed,built,altered,converted to or intended to be used or occupied. Office, Business or Professional shall mean a Building providing office space for business or professional services. Open Space shall mean an area open to the sky, which may be on the same Lot with a Building. The area may include, along with the natural environmental features, landscaping elements, stormwater retention Initial Effective Date: January 01,2002 Last amended April 11,2005 as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-05-186 (b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but shall not be limited to street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street lights, landscaping, Permanent Reference Monuments (PRMs), Permanent Control Points (PCPs), monuments, or any other Improvement as may be required by the City Commission or these Land Development Regulations. Sec. 24-188. Requirements for approval and recording of a Final Subdivision Plat or a Replat. (a) No Building Permits shall be issued for any Land that has been divided, or any Lot that has been created, except in compliance with the requirements of Division 2 of this Article and the requirements of Chapter 177, Part I, Florida.Statutes. Approval of a Final Subdivision Plat or a Replat shall be required when any of the following conditions result from the division of Land. (1) The division of any Land will create three(3)or more contiguous Lots or Parcels. (2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record, will alter an access point, other than a private driveway, change a Street as shown on a recorded Plat, or change any area dedicated for shared public use, recreation, Open Space, Buffering, Easement or designated preservation area. Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdivision Plat or Replat. (a) Building Permits may be issued following divisions of Land without the need for approval of a Final Subdivision Plat or a Replat only in accordance with each the following provisions. (1)The division results in no more than two(2)contiguous Lots or Parcels. (2) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable requirements of these Land Development Regulations. (3) The division and the resultant new Lots shall not create any Nonconforming Structures or any other Nonconforming characteristic. (4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed new lots verifying compliance with the above requirements. Such Certified Survey shall be submitted to the City and approved prior to recording of a deed for transfer of ownership of Lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the property owner(s) to provide evidence of the approved Certified Survey along with any application for Building Permits. (b) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with these Land Development Regulations and the Comprehensive Plan. Initial Effective Date: January 01,2002 Last amended April 11,2005 as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-05-186 95 Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel. In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. Sec. 24-191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter,the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver,the City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. Sec. 24-192. Vacation of Previously Recorded Subdivision Plats. An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat by written application to which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall require approval by resolution of the City Commission, and such vacation shall be approved only in accordance with Chapter 177.101,Florida Statutes. Secs. 24-193. through 24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. (a) Unlawful division of Land. It shall be unlawful for any person to submit a Plat, Replat, or Certified Initial Effective Date: January 01,2002 Last amended April 11,2005 as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-05-186 96 Sec. 24-253. Easements. (a) Utilities. Easements across Lots or centered on rear or side Lot lines shall be provided for utilities where necessary, and shall be at least fifteen(15)feet wide and shall extend from Street to Street. (b) Drainage and watercourses. Where a Development is traversed by a watercourse, canal, drainage way, non-navigable channel or stream, there shall be provided a stormwater Easement or drainage Right-of-way conforming substantially with the lines of the watercourse, and such further width as will be adequate for the purpose of access for maintenance, and to provide for the unrestricted flow of the intended volume of water. (c) Other drainage Easements. Other Easements may be required for drainage purposes of such size and location as may be determined by the designated Administrative Official. (d) Pedestrian and service Easements. Where necessary for safety and convenience, pedestrian and service Easements or Right-of-ways may be required. (e) No City expense. Easements required by these Land Development Regulations within proposed Developments shall be provided at no expense to the City. (f) The abandonment or vacation of beach access Easements shall be prohibited. Sec. 24-254. Blocks. (a) General. The lengths,widths and shapes of blocks shall be determined with due regard to: (1) Provision of adequate Building sites suitable to the special needs of the Use contemplated. (2) Zoning District requirements as to Lot sizes and dimensions. (3) Needs for convenient access, circulation, control and safety of Street and pedestrian traffic and fire protection. (b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between intersecting Streets,except that the City Commission may approve blocks of greater length. Sec. 24-255. Lots. (a) General. Lot size,width, depth, shape and orientation, and the minimum Building Setback lines shall be appropriate for the location of the Development and for the type of development and Use proposed. Lot arrangement and design shall be such that all Lots shall provide satisfactory and desirable Building sites. Minimum sizes for Lots shall be as set forth within the applicable Zoning District requirements. Unless expressly provided for within this Chapter, no residential Lot created after the initial effective date of these Land Development Regulations shall have a width of less than seventy-five (75) feet at the Building Restriction Line, or shall it contain less than seven thousand, five hundred(7,500)square feet unless approved as part of a Planned Unit Development. (b) Dimensions. Lot dimensions shall conform to the requirements of Article III of this Chapter, and the depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-Street service and parking facilities required by the type of Use and Development proposed. Initial Effective Date: January 01,2002 Last amended April 11,2005 as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-05-186 111 Sec. 24-191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver,the City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. • N , E ..4rieit CITY OF ATLANTIC BEACH '. BUILDING AND PLANNING y800 SEMINOLE ROAD - ATLANTIC BEACH,FLORIDA 32233-5445 wi TELEPHONE:(904)247-5800 k ` •• -.• ,...' FAX:(904)247-5845 —; http://ci.atlantic-beach.fl.us May 26, 2006 Carol W. Moss Pit 24727 Deer Trace Drive Ponte Vedra Beach, Florida 32082 op? Dear Ms. Moss: Over recent weeks, the City has had several inquires regarding property you own within the City of Atlantic Beach located on 12th Street. Most of these questions have been related to whether the City recognizes this property as a separate legally established lot, which could developed as an individual lot. These questions inform me that the property may be listed for sale. In an effort to avoid any future misunderstanding related to this property, please be advised that the City's Zoning and Land Development Regulations, do not in fact, based upon available information, recognize this as a legally divided lot for the purposes of obtaining a Building Permit. The property consists of portions of the adjacent two platted lots, which result in a property that does not meet the minimum size for the RS-2 Zoning District or for new lots. I cannot determine from Duval County records when this division occurred, but Property Appraiser's records indicate a property transaction date of March 29, 2003. The City's zoning regulations, since the early 1960s, have required new lots to be a minimum of 75-feet in width and to contain a minimum of 7500 square feet of lot area. While original platted Lots of Record, which may be smaller, such as many of those in Old Atlantic Beach and the Section H subdivision, are still recognized as Lots of Record, new lots must be properly created and approved in order to obtain Building Permits authorizing development. Please feel free to call 904-247-5826 with any further questions. Sincerely, j,---2,1,..2 A. .../..at..eA-4_ Sonya Doerr, AICP Community Development Director Sec. 24-190. Multiple Lots and Parcels treated as a single Development Parcel. In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all requirements for Development as a single Lot shall be met, including but not limited to Impervious Surface Area limitations and provision of all Required Yards for all Structures. Sec. 24-191. Waiver. (a) General. Where the City Commission finds that undue hardship due to unreasonable practical difficulties may result from strict compliance with this Article, the City Commission may approve a waiver to the requirements of this Article if the waiver serves the public interest. (b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The City Commission shall not approve a waiver unless it determines as follows. (1) The particular physical conditions, shape or topography of the specific property involved causes an undue hardship to the Applicant if the strict letter of the Article is carried out. (2) The granting of the waiver will not be injurious to the other adjacent property. (3) The conditions, upon which a request for waiver are based, are peculiar to the property for which the waiver is sought, are not generally applicable to other property and do not result from actions of the Applicant. (4) The waiver is consistent with the intent and purpose of this Chapter,the Comprehensive Plan and the requirements of this Article. If the City Commission approves a waiver,the City Commission may attach such conditions to the waiver as will ensure that the waiver will comply with the intent and purpose of this Article. Sec. 24-192. Vacation of Previously Recorded Subdivision Plats. An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat by written application to which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall require approval by resolution of the City Commission, and such vacation shall be approved only in accordance with Chapter 177.101,Florida Statutes. Secs. 24-193. through 24-200. Reserved. DIVISION 2. APPLICATION PROCEDURE Sec. 24-201. General requirements. (a) Unlawful division of Land. It shall be unlawful for any person to submit a Plat, Replat, or Certified Survey as required by Section 24-189, for the Subdivision of Land to the Clerk of the Circuit Court of Duval County for the purpose of recording said Plat in the Official Records of Duval County until the Plat or Replat has been approved in accordance with the provisions of this Article. Initial Effective Date: January 01,2002 Last amended April 11,2005 as adopted by Ordinance Number 90-01-173 as adopted by Ordinance 90-05-186 96 Page 1 of 1 • , E E 311 ' 111 r 1 111 Otk _ ("1--- err. _ Ilk: C y���jy Pyright{C}9N9Chyaf keCicsanvrYla f9 �" http://maps2.coj.net/output/jaxMapsP_GISMAP23820402810989.png 5/26/2006 Page 1 of 1 9 tar t ,,, I II �� I a u. z 4 I 1234'. I� fi �,Z ? I I \.a 3 a I, I it -_ 1-dr 1 1 $li : t _- I • 2222.. • I 1I 1 I I �J -- I I I Imo. ��• _ — __- fr► um ti �� _ C lit(C}2005 City of.ler9mo w Iki F! I • 2222. . i ..".. http://maps2.coj.net/output/jaxMapsP_GI SMAP2382037211061.png 5/26/2006 Document Detail For Records (Left Frame) Page 1 of 1 Result Row: Instrument # ®Prev 2003097496 Next® Document Navigation by Pages: /Previous Document- Next Document Booktype: Official Records Book: 10999 Page: 1327 Jump To Document (DEED) DEED Type: Record Date : 3/29/2003 10:30:00 AM Grantor: LEWIS BARBARA JANE S WILSON DECD EST MOSS CAROL W ETAL Grantee: MOSS CAROL W ETAL WATSON CANDACE W ETAL WILSON EDWARD M ETAL Book Type: OR Book / Page: 10999/ 1327 # of Pages: 2 Legal: E1/2 L2 PT L3 B50 MANDALAY Case Number: 2002CP002393 Note:Empty fields are not shown Direct External Link to this Document http://www.duvalclerk.com/OnCoreWeb/details.aspx?BookType=OR&Book=10999&Pag... 5/26/2006 j rL�j j CITY OF ATLANTIC BEACH r„ BUILDING AND PLANNING I '• g1 \ 800 SEMINOLE ROAD ,, f ATLANTIC BEACH,FLORIDA 32233-5445 r �1 c) TELEPHONE:(904)247-5800 — FAX:(904)247-5845 , http://ci.adantic-beach.fl.us Ji31!? April 27, 2006 iZ Ie VP Jan Shields Watson Realty Corp. 1117 Atlantic Boulevard Neptune Beach, Florida 32266 Re: 129 12th Street Dear Ms. Shields: The property you have inquired with regard to, which is addressed as 129 12th Street, consists of two platted Lots of Record (Lots 3 and 4), and the east 24-1/2 feet of Lot 2, which are now developed as a single property. The area you have noted as "Subject Property" which appears to have been created in 1999, is not considered a Lot of Record, and could not be developed as a separate lot. City zoning regulations have for many, many, years required new lots to be a minimum of 75-feet in width and to contain at least 7500 square feet in lot area. Original platted Lots of Record, which may be smaller, such as many of those in Old Atlantic Beach and the Section H subdivision, are still recognized as Lots of Record, but recently divided lots are not "legal lots" for the purpose of obtaining Building Permits. Please feel free to call 904-247-5826 with any further questions. Sincerely, /14----1-1---r-- t›96--(A.A.---- Sonya Doerr, AICP Community Development Director Full-Size Document For Survey Page 1 of 1 Survey 129 12th STREET,ATLANTIC BEACH,FL 32233 This listing is Pending Listed for$1,499,000 MLS#268357 gent H.: : '1247,15756: 1,:.t-s7^.5 1t:JRA!:; 7,, 1<': Map Showing Boundary Survey of Thr Fast 2350 feet of Lot 4 together with Lot 4, Mork 50, MANUALAY. City of A(k tic Reach. Duvet Counts florid*, as shorn on the plot thereof, mccrde0 M Rfat Hook 70. pogo 77 of the Current Public Records of said Chime County. FloRdo. Certitiod to; William it Ruggt. frfna r.. Nuggin, Countrywide Home Loon, Inc., Stenon titre Cuarantp Richard T. koreheod. P.A. for 7 I mss» y 13'i'S.'r L 0 T 6 +. t«ri' _s T -.� _.i *Istivi.-, RD o ' t pia ' O v�� )1 C j , grmy Ki 1 w ,,. " g. 0 „ir r �* 11 ''� i /Art', .ea7.� 'fi' i `'r f- ,. _, „ • ••t ossa • allIlmm r ...— ._ 't __ . 4 —- --/. __ --rte, 7'WEL FTN STREET —._.____...R,,. f..tg' ,,gR fJtp Rflrr ty`lyrj,--- A. 1—©7— -- / 6.41 ' .•elf ' / 1C V10n es4--60-c_,, ,' �-' _ __, f2D 0 0 k to .•' P eaa4e�� 1a'41- ria t at vkl,Ps-i-ev ( i c / t- 3 b I r --7)gainio(odkq c.3-trn y ct Ike 0,A II ) 6ili'0C `7l1,2Br/ 76-9- f821 Duval County Property Appraiser - Parcel Information Page 1 of 1 Owner's Name: MOSS , CAROL W ET AL Real Estate Number: 171826 0000 Property Address: 129 12TH ST Mailing Address:24727 DEER TRACE DR City: ATLANTIC BEACH PONTE VEDRA , FL Zip: 32233 Unit Number: Zip: 32082-2114 2006 Exempt Value: $0.00 PARCEL DESCRIPTION Property Use: 0100 SINGLE FAMILY Transaction Date: 3/27/2003 Transaction price displayed is based on Legal Description: 10-11 16-2S- the actual amount of 29E .114 MANDALAY E1/2 LOT 2,W 25.5FT LOT Transaction Price: $100.00 documentary stamps 3 BLK 50 paid at the time of recording. The current rate is 70 cents per $100. Neighborhood: 003126 MANDALAY Section/Township/Range: 16-2S-29E No. Buildings: 1 Official Record Book and Page: 10999- 1327 Heated Area: 2814 Map Panel: 558 1 Exterior Wall: WOOD SHINGLE VALUES AND TAXES FROM 2005 CERTIFIED TAX ROLL Land Value: $267,000.00 Taxing Authority: USD3 Class Value: $0.00 County Tax: $3,000.06 Improvements: $204,760.00 School Tax: $3,775.97 Market Value: $471,760.00 District Tax: $1,414.05 Assessed Value: $471,760.00 Other Tax: $236.11 Exempt Value: $0.00 Voted Tax: $198.61 Taxable Value: $471,760.00 Sr. Exempt: $0.00 Sr. Taxable: $0.00 Total Tax: $8,624.80 http://apps2.coj.net/pao/printver.asp?ReNum=171826+0000 5/26/2006 Page 1 of 1 Doerr, Sonya From: Doerr, Sonya Sent: Wednesday, April 05, 2006 1:52 PM To: 'Maggie Haynes' Subject: 129 12th Street Ms. Haynes - The property you have inquired with regard to, which is addressed as 129 12th Street, consists of two platted Lots of Record (Lots 3 and 4), and the east 24-1/2 feet of Lot 2, which are now developed as a single property. The area you have noted as "Subject Property"which appears to have been created in 1999, is not considered a Lot of Record, and could not be developed as a separate lot. City zoning regulations have for many, many, years required new lots to be a minimum of 75-feet in width and to contain at least 7500 square feet in lot area. Original platted Lots of Record, which may be smaller, such as many of those in Old Atlantic Beach and Section H, are still recognized as Lots of Record, but recently divided lots are not"legal lots" for the purpose of obtaining Building Permits. Sonya Doerr,AICP Community Development Director 800 Seminole Road City of Atlantic Beach, Florida 32233 904 247-5826 Phone 904 247-5845 Fax PLEASE NOTE: Florida has a very broad public records law. Your e-mail communications may be subject to public disclosure. 4/6/2006 MEMO TO: Sonia Doerr City of Atlantic Beach CO if FROM: Maggie Haynes, REALTOR® Prudential Network Realty 363-12 Atlantic Beach Atlantic Beach, FL 32233 Cell: 571.2626 RE: 129 12th Street Atlantic Beach, FL 32233 Dear Sonia, Please call me regarding the above-referenced property at your earliest convenience. My cell is: 571-2626. Attached are copies of a Survey by Richard Miller& Associates dated 10/29/99, Job No. 99-2989, and Grant of Easement dated 12/10/99 between Jane S. Lewis, Grantor, to William W. Huggin and Tricia E. Huggin, Grantees. .09/bqk' Siatd, a6t /qA,604 J 20 • Map Showing Boundary Survey of The East 1/2 of Lot 2, together with Lots 3 and 4, Block 50, MANDALAY, City of Atlantic Beach, Duval County, Florida, as shown on the plat thereof, . recorded in Plat Book 10, page 11 of the Current Public Records of said Duval County, Florida. . T 7 I BLOCKS° LQT 6 mow 12 ®TRAIERSE PT. `C' 1 if ,ppy.p F.B. 605 64 ° GAP . s, . 2450' 122.50' CP 49..0' irovra r+o�I a_ I cf ° r , 0 a( i C,.. 4a6) �- �' h Al 1 I. I'll ' -1.27.7F-73,.,c(18) N iS SPT. • " I ppy� ��, b ®7RA , % E7/ i9v``ir t� F.B 5O6 64 d •�j (So') . 4 ) o . a p a • • p rar •"4 1 .. TWO STGRy O . I .Ma./tl AtA 57 T '1.o). !MNG trt I 16 itNIVil 01 TEMZ 1 < • • 1.3 WI '� I Il !=oaTAH Guss H11.2• : / . srn srz�Y �� oe' 'In Fo'wtsir z ;; 41 I • q gill o Ry 40' 24 �,piFf v.. , �' i Falb 1/1 . , NA �_ WON PIPE '•O' �•� �, a p�. '%0 49 0' t 7.15 /P/at� Q.. 4��.�...... . _ .4 — — _ 74.51 to . .• • • •° '?9,�— to Found 1/2" • •i d �" Iron Pipe Iron Pipe EAser a'PN1Udirr TWELFTH S TRE T (,a 40'PUBLIC ROAD R/CHT. Cr WAY) - - _ ®TRA IERSE PT 'A' F.B. 606_ 64 SURVEYOR A D MAPF Qt. THIS OKAYING,SKETCH, UNLESS 1T BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF, FLORID!` LICENSED OCT. 29 1999 PLAT OR NAP IS FOR INFORMATIONAL PURPOSES ONLY AND Is NOT vt�In LEGEND DATE • NOTES a my FariDlb+ �^?O� ` 0 mnxsmtn�>z�xr�rr SCALE �r=10• a..based ori, Afro. 36;:h the !raid A.trwn, ,, .9'Na 99-2.A99 1. Benhgn DOtm Natknd SOX t�oW>a'f oie/ F.� 606 2 p r, t a MAP 70 SP"( NOW BLY"IARY XAf l£Y I EJI•wthkn.shorn fhu. (1SQ).r,e. to US clwirrd and Geodetic Slrwy 6•s Geod.rk L4rfko✓Datum 7Y n..�Tn:09. ,w 7;:r/Z4_,1 �dii zmeic (a�tca...__....y. LYI y.) r,YS Flnf/nuw PoQt:. ,' By tigdt k P✓ottr,y dntx en Agd++cy(FEr,.t,Alo nf7ft75 o ce X ""0.04066 MX:5 atr Comp. 9929a9.Dwa O „,...s•ce Rote.1lWJ K K�Po' Mop Red sled dare . AP"' 17, 1AB& as NbNaraf* INC. s rte, atnarmics nares( a•yPo-tka^ of lhe porno that maybe dbem•d RICHARD MILLER ASSSOCIATES, by State or Gawrnmantd Ages Aar not bean dblamhad urd any rloD'<ty refl+9 ApOIESSICWsumFar (904f 711-5758 !c not fAe ruA ���/(yl'of M. w1Obr'.fp''ea; c•d by r/NI .++arrkrdr,En Nwt 6701 BEAD rata (904) 721-1226 Poo therrhm+ be Re••b7k'th'Is ar.E.rwnenEs d1 R+�'d ./ACA'S�Nr 6 a' may haw not Deer eAa•n Aar»o m r,WY.BE USED II BXS SLI4IEY d,av a�w�cnaLL AB8/d<NAIXSKS s. r1r+f a��U I:::•• r� I•� I• '9• �'• Xe's 6 A mtivl' Y�[ypy ALO N ALY Kd.rW ....• .r �... i s n; I•r LBhl' . .L,�k�e,nk od °d`s*5. �ryq� ano sw� spuo.wac,�r .'^'° w�cxvnr rxar-ca PGP pyrmanent Control Monument R.LS „('pf .e y(�175C Y tY P R Ay�6.6171C C.0 NS T 70 Atic Perm oen rp�..�vrvwar�e E�u�m sot ( '4u1 PaG poht a/Beg4.4Vn .AD'cynd'r _ y■ ".• P.G - prwrh� A:T.K L Todebeson '\ '�i1�` �.1 P.GPaht f a Tmga'rcy at A+r't.edd Lh..r wa•' �� P.T. 'Pahl d/Remrse Curvature (F�0 Heid Measured �.`-�\• �. ' I.•,I M i'iI P.R.G ;May Mc nequalsth eWdd . %I•r SUR KA ERTI °I-7E gy p t LWrorr�e I' (rA7E°I-7f Na 46X QR .04 . )t� Dasd Bao. ..5.- or Cnbd Angie AR ope ��c Wit• Pgfl' -�� q R''^*bActk+n Lh. ER-'- - Edearnent RICHARD T MOREHEAD, 444 THIRD STREET P.A. Book 9500 Page 13 NEPTUNE BEACH, FL 32266 5$%. ` Grant of Easement This Grant of Easement Agreement dated this 10th day of December, 1999 is made by Jane S. Lewis(Grantor)to William W. Huggin and Tricia E.Huggin(Grantee)whose address is 129 12' Street, Atlantic Beach,Florida 32233. Whereas Grantor is seized in fee simple and is the present owner of a certain real property described particularly as Parcel 1 in Exhibit"A" attached hereto and by this reference incorporated herein. (hereinafter referred to as the"Servient Estate"); and Whereas Grantee is the present owner of certain appurtenant real property(the"Dominant Estate") described particulary as Parcel 2 on Exhibit A attached hereto with said property abutting and bordering the"Servient Estate" and Whereas, Grantor is agreeable to granting an exclusive easement to Grantee and Grantee desires said easement for ingress and egress and for use of the garage identified herein, Now therefore, for Ten and No/100 Dollars and other good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties agree as follows. 1. Grantor grants, bargains, conveys and transfers to Grantee, his assigns and successors in interest an exclusive easement for use of an existing garage as shown on that certain survey by Richard Miller and Associates, Inc. dated December 8, 1999 and attached hereto as Exhibit"B". Said easement will also encompass the garage area and that portion of the driveway as shown on said survey. This exclusive easement is specifically for ingress and egress of Grantee and his agents for the sole purpose of using the garage pursuant to agreement between the Grantor and Grantee. 2. This easement grant is not perpetual and will terminate upon the demolition of the garage or the acquisition of Parcel 1 by the Grantee,whichever first occurs. 3. Grantor will defend all rights of said easement unto Grantee against all parties or entities. 4. For record title purposes a deed from Grantor to Grantee for Parcel 1 will be evidence of termination of the easement. Should the garage be demolished an affidavit of its demolition by Grantee will be evidence of the termination of easement. 5. Grantor and Grantee acknowledge that this easement grant is subsequent to and inferior as to any mortgage Grantor places on Parcel 1. Should such lender require demolition of the garage then Grantor agrees to have same demolished forthwith at no cost or expense to the lender. Book 9500 Page 14 i IN WITNESS WHEREOF the Grantor and Grantee executed Easement on the date first above written. / Y .44_,:--- <'`i''"-t° st I ; 79(11Q61-- ttn ss By: Jane S. Lewis, Grantor Witness 44/1.7 74 a)ade, .... cti,„,,,, ness By: William W. • rte antee 24- - _ isrr% • : Witness By: Tri ,: E. Huggin, Gran .M STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this j O day of December, 1999 by Jane S. Lewis who is personally known to me or has produced a driver's license as identification. Personally KnownC)/ ( 76/./14----- Notary Public Produced 0.c_ as identification. (SEAL) ' ` i W 561241 : '"? NI My EXPIRES:,km 13,2000 STATE OF FLORIDA '' •COUNTY OF DUVAL The foregoing instrument was acknowledged before me this /0_day of December, 1999 by William Huggin who is personally known to me or has produced a driver's license as identification. ,‘..7"sonally Known ca ��� k_n 171!"'�Produced 1' 'L-- ary Public as identification. —_-_ _ _ _ __- * > GABBI�A WN K TN 1ff CO TSSIOl141 981247 ",' EXPIRES:June 13,2000 Book 9500 Page 15 Exhibit"A" Parcel 1 The easterly 24.50 feet of Lot 2 and the Westerly 25.50 feet of Lot 3,Block 50 Mandalay, City of Atlantic Beach,Duval County,Florida as shown on the plat thereof recorded in Plat Book 10, page 11 of the current public records of Duval County,Florida. Parcel 2 Lot 4 and the easterly 23.5 feet of Lot 3,Block 50,Mandalay, City of Atlantic Beach,Duval County,Florida, as shown on the plat thereof,recorded in Plat Book 10, page 11 of the current public records of Duval County,Florida. ,.c 89300610 95 Piles: 13 — 15 Filed & Recorded 12/22/99 10:04:08 AN HENRY Y COOK CLERK CO1NT'flT COURT DUALTRUST FUND $ 2.00 DEED DOC STAMP $ 13.00