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51 Pine Street TREE07-00001712 (Puopolo) JAXGIS Property Information RE #Name Address Transaction Price Acres Book- Page Map Panel Legal Descriptions Flood Zone LandUse Zoning JEDC Zone Ev Zo 170681 0000 PUOPOLO JOSEPH M & PAULA C ATLANTIC BEACH 32233 150000 0.113 120272196 9421 10-8 21-2S- 29E SALTAIR SEC 1 LOT 800 Not in Flood Zone Not in Enterprise Zone CA Page 1 of 1Map Output 12/20/2007http://maps2.coj.net/WEBSITE/DuvalMaps/toolbar.asp ORDER of the Tree Conservation Board APPLICANT: Kenneth M. Branholm 11433 Saints Road Jacksonville, FL 32246-3826 FILE NUMBER: TREE 06-00032018 DATE OF HEARING: January 11, 2006 (original order); November 8, 2006 (deferral); August 13, 2008; September 24, 2008 (reinstatement of original order) ORDER REINSTATING AND IMPOSING MITIGATION The above referenced applicant did own the property located at 342 5th Street (formerly consisting of Atlantic Beach Lots 15, 17, Block 6), Atlantic Beach, Florida, from October 12, 2005 until March 2, 2007, at which time a portion of the property (Lot 17) was sold, and April 28, 2008, at which time the remainder of the property (Lot 15) was sold. The above referenced applicant made application to the City of Atlantic Beach for the removal of certain trees. On January 11, 2006, said application was considered at a public hearing by the Tree Conservation Board for the City of Atlantic Beach. Having considered the application, supporting documents and comments by the applicant, the Tree Conservation Board approved the application, finding this request to be consistent with the provisions of Section 23-17(a)-(d) of the City of Atlantic Beach Municipal Code of Ordinances, so long as certain mitigation was accomplished in accordance with the provisions of Section 23-17(e) of the same Municipal Code. The above referenced applicant was notified of same mitigation due on September 30, 2006 as evidenced by Notice of Mitigation Due, dated August 31, 2006. The applicant responded and requested leniency and extension, until certain conditions could be accomplished, as evidenced in a letter dated November 7, 2006. Such leniency and extension was granted, as evidenced by the Official Minutes of the Tree Conservation Board, dated November 8, 2008. However, such conditions for leniency and extension have now been met, as evidenced by Warranty Deed demonstrating the sale of Atlantic Beach Lot 17, Block 6, dated March 2, 2007. Mitigation Order TREE 06-00032018 (Branholm) Page 2 of 2 NOW THEREFORE, the Tree Conservation Board hereby reinstates and imposes the original mitigation order for the equivalent of 54” of trees, as assessed in exchange for the removal of a total of 258” of trees from the property located at 342 5th Street (formerly consisting of Atlantic Beach Lots 15 and 17, Block 6). Payment is due to the City of Atlantic Beach by 5:00 pm on October 24, 2008. All amounts are to be payable at an interest rate of ten (10) percent per annum from the date of expiration of the deferral period, determined by this Board to be March 2, 2007. Alternatively, the applicant may appeal the decision of this Board to the City Commission. Such written petition should be submitted to the City Clerk by 5:00 pm on October 24, 2008. Failure to comply shall result in Code Enforcement action pursuant to Chapter 2, Article V, Division 2 of the Municipal Code of Ordinances as well as other remedies available under applicable law. The undersigned certifies that the above Order of the Tree Conservation Board is a true and correct rendition of the Order adopted by said Board as the same appears in the record of the Tree Conservation Board minutes. DATED THIS 24th DAY OF SEPTEMBER, 2008. ____________________________________________________ Signed: Maureen Shaughnessy, Chairperson of the Tree Conservation Board ____________________________________________________ Attest: Erika Hall, Principal Planner / Staff Liaison to the Tree Conservation Board MITIGATION ORDER PHYSICAL ADDRESS RE # LEGAL DESCRIPTION NAME/TITLE/ORGANIZATION MAILING ADDRESS CITY/STATE/ZIP CODE PHONE FAX EMAIL NAME/TITLE/ORGANIZATION MAILING ADDRESS CITY/STATE/ZIP CODE PHONE FAX EMAIL I, NAME/TITLE/DEPARTMENT of AGENCY/ADDRESS [1] Affidavit in support of the attached Claim of Lien . [2]by the [3] The applicant has failed to comply with the recorded terms of the mitigation order, as follows: 7 2008 DAY MONTH YEAR SIGNATURE OF PERSON FILING AFFIDAVIT Sworn/Affirmed before me on: 7 2008 at DAY MONTH YEAR LOCATION WHERE AFFIDAVIT IS SWORN SIGNATURE OF CLERK TAKING AFFIDAVITSUBJECT PROPERTYERIKA HALL, PRINCIPAL PLANNER, DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF ATLANTIC BEACH, 800 SEMINOLE ROAD, ATLANTIC BEACH, FL 32233 ADMINISTRATOR & STAFF LIAISONI am the in this action and this is my 170681-0000 A mitigation order was executed on UNKNOWN ATLANTIC BEACH, FL 32233-1087 JOSEPH M. AND PAULA C. PUOPOLO JANUARY 9, 2008 UNKNOWN 8833 PERIMETER PARK BLVD, SUITE 101 904.646.3967 51 PINE STREET F/K/A 590 STURDIVANT AVENUE 10-8 21-2S-29E SALTAIR SECTION 1 LOT 800 TREE 08-00001712 OF 38" MITIGATION DEFICIENCY AND DEADLINE OF 12:00PM NOVEMBER 7, 2008. AS OF 3:00PM ON THIS DATE, 38" MITIGATION IS OUTSTANDING, NO RESPONSE FROM OWNER.AUTHORIZED AGENT PROPERTY OWNER(S) PO BOX 331087 UNKNOWN REX J. WILLIAMS, CONTRACTOR, SIGNATURE HOMES AND DEVELOPMENT INC JACKSONVILLE, FL 32216 REX@SIGNATURE HOMESANDDEVELOPMENT.COM AFFIDAVIT AFFIDAVIT OF NON-COMPLIANCE NOVEMBER NOVEMBER CITY CLERK'S OFFICE, ATLANTIC BEACH CITY HALL 42" HARDWOOD TREES ASSESSED AS MITIGATION, TO BE ACCOMPLISHED PRIOR TO ISSUE OF CERTIFICATE OF OCCUPANCY (CO). BUILDING DEPT ISSUED CO ON SEPTEMBER 9, 2008 WITHOUT FINAL INSPECTION & APPROVAL OF MITIGATION. PROPERTY OWNER WAS NOTIFIED make oath and say that solemnly affirm that Administrator Tree Conservation Board City Commission CLAIM OF LIEN The City of Atlantic Beach, having given proper notice to the property owners, Joseph M. and Paula C. Puopolo, pertaining to property described as 51 Pine Street, A/K/A 10-8 21-2S-29E Saltair Section 1 Lot 800, RE# 170681-0000, and F/K/A 590 Sturdivant Avenue, for violation of a mitigation order issued under the authority of and according to the provisions of Chapter 23, Section 23- 17(e)(2) of the Code of Ordinances of the City of Atlantic Beach, Florida, and finding that Joseph M. and Paula C. Puopolo, owners of the property, have failed to accomplish this mitigation obligation, it is the decision of the City of Atlantic Beach that a Claim of Lien be filed against Joseph M. and Paula C. Puopolo. Said Claim of Lien shall be recorded in the public records of the office of the Clerk of Circuit Court in and for Duval County, Florida, and shall be payable with interest at the rate of ten (10) percent per annum until paid. This Claim of Lien is to secure payment for the mitigation assessment and administrative fees in the following amounts: Mitigation: $ 4,446.00 Administrative Fees: $ TOTAL DUE: $ Executed this 7th day of November, 2008.