300 Block of 7th Street REZONE 06.06.1992 (Wurn-Grad) ��
APPLICATION FOR CHANGE IN ZONING CLASSI',FICATIO 1u`� 1� "�'
Date Filed:__,ZkIrlt„_/6_,_L991____
JUN 2 91992 "
Building and Zoning
Name and address of all owners of the subject pr�perty:
Jacqueline Wurn and her husband Stephen Leonard Grad
c/o John Baillie
1923 Beach Ave . , Atlant.ic3beach
Phone John Baillie Phone
246-3394 Home Home
249-5671 Work Work
The address and legal description, including the lot, block and
subdivision of the property to be rezoned:
Lot 8 , Block 9 , as shown on the alat of Atlantic Beach Subdivision A ,
as recorded in Plat Book 5, gage 69 of the current qublic records of
_QuYal_LQuatx.,_L 1Q.Lida...
Present zoning of property for which chnge of zoning
classification is requested: RS - 1
Proposed zoning classification: RG - 1
A STATEMENT OF THE PETITIONER'S INTEREST IN THE PROPERTY TO BE
REZONED, INCLUDING A COPY OF THE LAST RECORDED WARRANTY DEED; AND:
If joint or several ownership, a written consent, to the rezoning
petition, by all owners of record; or if a contract purchase, a
copy of the purchase contract and written ' consent Lpf the
seller/owner; or if an authorized agent, a copy of the agency
agreement or written consent of the principal owner; or if a
corporation or other business entity, the name of the officer or
person responsible for the application and 'written proof that said
representative has the delegated authority to represent the
corporation or other business entity, or in lieu thereof, written
proof that the person is, in fact, an officer of the corporation;
or if a group of continguous property owners, the owners of at
least fifty (50) percent of the property described in the petition
must provide written consent:
Petitioners herein are Stephen Leonard Grad and his wife ,
JacquelineWurn . They are the owners of the above-named lot .
As evidence of the ownership , we have attached h reto a
photograph of the Deed from the Wilsons to Jacqueline Wurn ,
recorded in Official Records Volume 7815 , page 1773 , and the
Deed of Conveyance from Jacqueline Wurn to herself and her
husband recorded in Official Records . Volume 5940 ,, page 1954 .
A statement of special reasons for the rezoning 4q requested:
1usuj.. .[LS1....uuu/it. i uj__acj..cula._ct' _- r i t y of At l h tic Beach i n t h e
immediate area of Subject. .pro_perty have have had the effeet of ,q___
_'spot. zoning_ which has impacted unfair_ly_sa, t .-Lp ,ar_t,,rjj-Lp _t;f _
the Sub_,j_ect _property,_ contrary to the int entierL,_p s_ 41L 2 ;2,__
the Zoning and Subdivision Regulations "Purpu.e. jlLtffiilf_Qf _t_tw
Districts and Re„guiations . " See attaghfUL x,p jp, ,,
it
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A complete list of all property owners, mailing addresses and legal
descriptions for all property within three hundred (300) feet of
the subject parcel as recorded in the latest official tax roll in
the Duval County Courthouse: (attach aeperate sheets if needed)
Property Owners and Mailing Addresses Legal Descriptions
1. Brown, Jr., Thomas L. W 1/2 Lot 18, Lot 20,
341 Eighth St. E 1/2 Lot 22, Block 10
Atlantic Beach, FL 32233 Atlantic Beach
2. Brown, Nancy T. E 1/2 Lot 18, Lot 16, Block 10
333 Eighth St. Atlantic BeachI
Atlantic Beach, FL 32233
I
3. Lot 14, Block 10
Evelyn Hawkes Atlantic Beach
-- 329 8th St .
—Atlantic Beach, Fl 32233
4Lot 12, Block 10
- Norma L . Hackney et al
- 325 8th St . Atlantic Beach
- Atlantic Beach, FL 32233
5. Russell, Edward L./Joan B. ii/W Lot 8, Block 10 .
317 Eighth St. Atlantic Beach
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Atlantic Beach, FL 32233
6. Russell, Mardell L. Lot 10, Block 10
321 Eighth St. Atlantic Beach
Atlantic Beach, FL 32233
72 Lyman T. Fletcher Lot 6, Block 10 ,
_ 804 East Coast Dr . Atlantic Beach
— Atlantic Beach, ,FL 32233
8. Bell, Jr. , John M./Clara H. H/W N. 80 ft. Lots 2, 4, Block 10
814 East Coast Dr. Atlantic Beach
Atlantic Beach, FL 32233
9. Fletcher, Lyman T. S. 50 ft. Lots 2, 4, Block 10
804 East Coast Dr. Atlantic Beach
Atlantic Beach, FL 32233
List continues on the next 3 pages.
The signature of each and every owner of the lands:
Tho qn tyre of yeah and •very ow er of the lender L
KA.41-1Y
s , 4
G�� ` X1..8.-- acv
tii //
------ C4-4e_If-
Toth,/E EA-II-Lai-L tei2.3 3e,L 'eiv.
Applicant: Do not fill-in beyond this point. However, be
prepared to respond to the following items:
FINDINGS OF FACT
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YES NO
1. There exists a need and Justification for the
change in zoning classification. ___ o__
2. The change in zoning is consistent with.the
Land Development Code and the Comprehensive Plan
adopted by the city. __ ___
3. The change in zoning classification will
further the purpose of the planning program.
4. The change in zoning will not adversely
effect the health and safety of the residents of
the city.
COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIONS:
ti
ACTIONS BY THE CITY COMMISSION:
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Property Owners and Mailing Addresses Legal Descriptions
10 . Tompkins, William R. /Mary H. H/W Lot 1 , Park Terrace
812 Ocean Blvd. Atlantic Beach
Atlantic Beach, FL 32233
11 . Town of Atlantic Beach RE #172026-0000
Sec. 16-2S-29E
Pt. Lots 3, 5 Sec. 16 &
Pt. Lot 5 Sec. 17 rec'd D. Bk.
703-452, '1761-104 , OR Bk.
B . 584 Pt. rec'd. OR
iown5o44f222Atlantic Beach
12 . Arzie , Billy M. Lot 1 , Block 9
770 East Coast Dr. Atlantic Beach
..Atlantic Beach, FL 32233
13. Lot 3, Block 9
Harold N. Wilfur Atlantic Beach
346 Raleigh Rd.
Jacksonville, FL 32211
14 . Aldrich, ,Yon D. E 1/2 Lot 5, Block 9
314-A Eighth St. Atlantic Beach
Atlantic Beach, FL 32233
15 . Smith, Mary K. W 1/2 Lot 5, Block 9
314-B Eighth St. Atlantic Beach
Atlantic Beach, FL 32233
16 . Coleman, Lorna M. E 1/2 Lot 7 , Block 9
316-A Eighth St. Atlantic Beach
Atlantic Beach, FL 32233
17 . Richard G. Hathaway EW 1/2 Lot 7 , Block 9
115 Ocean Forest. Dr. N . Atlantic Beach
Atlantic Beach, Fl 32233
18 , Leland R. Hackney, Sr . et al Lot 9, Block 9
388 8th St . Atlantic Beach
Atlantic Beach, FL 32233
19. 1 Jeffrey C. Woods Lot 11 , Block 9
320 8th St . Atlantic Beach
Atlantic Beach, FL 32233
20 . Jelvochan, M. P. /Jane N. H/W Lots 13, 15, Block 9
332 Eighth St. Atlantic Beach
Atlantic Beach, FL 32233
21 . Coleman, Iris W. Lot 17, Block 9
336 Eighth St. Atlantic Beach
Atlantic Beach, FL 32233
22 . Hightower , Elizabeth B. Lot 19, Block 9
340 Eighth St. Atlantic Beach
Atlantic Beach, FL 32233
23 . H. Michael Davenport W 1/2 Lot 18, Lot 20, Block 9
347 7th St . Atlantic Beach
Atlantic Beach, Fl 32233
24 . Catrett, Michael B. /India B. H/W Lot 16, E 1/2 Lot 18, Block 9
337 Seventh St. Atlantic Beach
Atlantic Beach, FL 32233
25 . Barabara A. Phillips Lot 14 , Block 9
333 7th St . Atlantic Beach
Atlantic Beach, FL 32233
Property Owners and Mailing Addresses Legal Descrytions
26 . Vermeulen, Nancy Lot 12, Block 9
331 Seventh St. Atlantic Beach
Atlantic Beach, FL 32233
27 . Main, James L. et al. Lot 10 , Block 9
500 Barnett Bank Bldg. Atlantic Beach
Jacksonville, FL 32202
28 . Ross, D. Lee Lots 2, 4 , 6, Block 9
1112 Third St. Atlantic Beach
Neptune Beach, FL 3224
29 . Goldsmith, Jr . , Sheldon Lots 19, 21, 23,
1439 Forest Ave. E 10 ft. Lot 25, Block 8
Neptune Beach, FL 32233 Atlantic Beach
30 . Joost , Jr. , Hobart H. Lot 15, Block 8
336 Seventh St. Atlantic Beach
Atlantic Beach, FL 32233
31 . Mark N. Steiger Lot 17, Block 8
338 7th St . Atlantic Beach
Atlantic Beach, FL 32233 •
32. Agee , James M. Lot 13, Block 8
332 Seventh St. Atlantic Beach
Atlantic Beach, FL 32233
33 . Anagnostou, Michael/Menina H/W Lot 11 , Block 8
326 Seventh St. Atlantic Beach
Atlantic Beach, FL 32233
34 . Heidrick, Bernard L. /Zoe- M. H/W Lot 9, Block 8
320 Seventh St . Atlantic Beach
Atlantic Beach, FL. 32233
35 . Gerald B . Jacobsen Lot 7 , Block 8
2731 Timbercreek Cir . Atlantic Beach
Boca Raton, FL 33431
36 . Gregg, Grace C. /Gregg, Ross S. / Lot 5 & Pt. Lot 3, Block 8
Gregg, Gail P. Rec 'd. OR 4648-657
310 Seventh St. Atlantic Beach
Atlantic Beach, FL 32233
37 . Winfree, William W. /Ann T. H/W Lot 1 , Lot 3 (ex) , Block 8
680 East Coast Dr . Atlantic Beach
Atlantic Beach, FL 32233
38 . Keith L . Archbold et al Lot 47
HSL-41 NAS North Island Atlantic Beach Terrace
San Diego, CA 92135
39. Alderman, Sarah C. Clark Lot 46
222 Seventh St. Atlantic Beach Terrace
Atlantic Beach, FL 32233
40 . Bennett , John Cooper Lots 45 , 44
651 East Coast Dr . Atlantic beach Terrace
Atlantic Beach, FL 32233
411 Jackson, Robert
S. Lots 2, 4, Block 8
303 Sixth St. Atlantic Beach
Atlantic Beach, FL 32233
42 . Willis, Robert S. /Christine S. H/W Lots 6, 8 , 10 , Block 8
317 Sixth St . Atlantic Beach •
Atlantic Beach, FL 32233
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Property Owners and Mailing Addresses Legal Descriptions «'
43. Doughtie, Jerry W. /Clay C. H/W Lot 12, Block 8
325 Sixth St. Atlantic Beach
Atlantic Beach, FL 32233
44 . Carter, Patricia H. Lot 14 , E 10 ft. of N 25 ft.
P. 0. Box 157 Lot 16 , Block 8
Melrose, FL 32666 Atlantic Beach
45. Gary P. Flower Lot 16 (Ex. ) Block 8
33 6th St . Atlantic Beach
Atlantic Beach, FL 32233
1
46 . Burcham, Victor W. /Dorothy C. H/W Lot 18, Block 8
339 Sixth St. Atlantic Beach
Atlantic Beach, FL 32233
47 . Josephine S. Farlow Lot 20 , Block 8
341 6th St . Atlantic Beach
Atlantic Beach, FL 32233
48 . Philip W . Corp Lot 21 , Block 8
830 Beach Avenue Atlantic Beach
Atlantic Beach , FL 32233
49 . Timothy Allen Lot. 10 , Block 9
317 Seventh Street Atlantic Beach
Atlantic Beach , FL 32233
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LIMITED POWER OF ATTORNEY.
I I Ii
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Re : Application to the Cit Iof Atlantic Beach, Florida,
y
hereinafter referred to as "the City", for partial relief from
the Planning and Zoning requirements currently in force on Lot
8, Block 9, Atlantic Beach Subdivision "A", Duval County,
Florida, hereinafter referred to as "the Lot", the property
of Jacqueline Wurn and Stephen L . Grad, hereinafter referred
to as "the Owners; the application to be presented to the City
by John Richard Crawshaw Baillie, of 1923 Beach Avenue,
Atlantic Beach, Florida 32233, hereinafter referred to as "the
Agent" .
The Owners hereby authorize the Agent to act as their agent in
petitioning the City of Atlantic Beach, Florida, for
permission to allow the construction of two townhouses on the
above-mentioned building lot, and to make such agreements with
the City as the Agent shall believe to be in the best
interests of the Owners .
This Power of Attorney shall only relate to the above-defined
action, and shall cease to be in effect once the appropriate
City authorities have made a final ruling on the petition.
Signatures of the Owners : - !'
c -c•cs?C Z n L' .��:'�-1- 7/3 ° :C e
Jacqueli a Wurn Date Witness
AO
. .11// j `tom' 1C1
Stephen L . Grad Date Wi ness
PHOTOGRAPHS IN SUPPORT Or APPLICATION FOR -
LOT 0 BLOCK 9 , 7th STRECT , ATLANTIC BEACH• std 6A" .
111
Subjectproperty at , ' '
showing 5-unit sil, . ,� ••a. ," +. ,%
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J' F41''t eI i JIB'
apartment building 1i1. .�i ♦� ' , G F "f 'P •`
(on right. of photo ) �� , ,.� !'1'♦�. • (} •'1;, �,�r' # �,;,;� w; '�i, � r•
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and duplex (on left) . *" � f '�{) y•" ' l tK." .{, ; '1 1
` ? fr, , 4�,? f 4!' .Mr} I -'a. .� 1, F t�..'
to.
V -, :, .SH•R ,`.. 1 !F•
.tai;• t 71 • .)‘• ��T' + fi.kl • }:.• • •
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'fel (,,,•, , ,� a
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112
Looking East. on ► ; ,; ;... ,
Subject. property ; , ''� ; „ai ,
5-unit apartments . r,1 4/ • 1i: '' ,' •; ! 'a a �, ' ti1
. N .' a..Mir - 'Ili : 14
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Lot. 10 ; duplex
{.adjoining subject
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duplex opposite , • . t
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„,,•5„,. '.',V. '''-." '44. ''-',.r."'', : *- ' ..'..."0,
for subject site ; two 4.;,-,... .,....
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FORM 175 r:Ifd�\NCIA',. ,.' • -' •
wk5940n
TILS INSTRIP ENT I'CC('A^iED fly
OFFICIAL_ RECORDSDU
ROGL!!S y,l11 S. C.ILCY.IIOGES P. GA!
illA1lOI E1300 cutsYS AT LAW
ltit+ ia � PeK LIFE 01,
JACK ORVILLI', RO MAI13c::C1
Made this day of , A. D. 19 85 BETWEEN
JACQUELINE WURN,. jo{.ned by her husband STEPHEN LEONARD GRAD,
' of the County of Duval , State of Florida , Part ies of the first part, and
i JACQUELINE WURN and STEPHEN LEONARD GRAD, her husband, whose address is:
,,, c/o Lonnie Wurn, 3204 Independent Square, Jacksonville, FL 32202
! of the County of Duval , State of Florida , part ies of the second part,
WITNESSETH: that •the said parties of the first part, for and in consideration of the sum of
' ' TEN AND NO/100 Dollars.
in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, ha ye
remised, released and quit-claimed, and by these presents do remise, release and quit-claim unto
-- • the said parties of the second part, and their heirs, successors and assigns forever, the following de-
scribed land, situate, lying and being in the County of Duval , State of Florida, to-wit:
Parcel A �t'l�">SL C-( 1= t2 /V !T p�'1/c ( C TI�'/l� !; I+ •'
'\`\ {1 '. •I;. OUVAL
`' Lot 8, Block 9, as shown on the plat of Atlantic Beach Subdivision A, COUNTY
`l as recorded in Plat Book 5, page 69 of the current I 5'2 18 2 3
›-• p g public records of • �.
r7 4 rl Duval County, Florida. _ Iilllllllm v�
I— d1 •
fir,
Fi 4!:' 1, 1, Parcel B oFP . •r1�
"' • " Lot 285, SALTAIR, Section No. 2, according to plat thereof, recorded ' 1,111.1 ;
m:rt,
- i
r.Th i�i .i .l; m I
:!' ' i •; in Plat Book 10, page 15, of the current public records of Duval I' e ' z -4
', 61 .1:t County, Florida. (� ' !g: m D
c_i :�r 1 ,i , it, �..u, -�(
L 57:
The purpose of this deed is to create a tenancy by the entireties, in_ • i 'I'' '
!_� -• '1- y- the parties of the second part. 1� ,,, �'o` r-
L•J r. y2 1 I.. J _ .. f/1
J Q
1; •
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunl ' .' '
ing or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of
the said part ies of the first part, either in law or equity, to the only proper use, benefit and behoof of the
said part ies of the second part, their heirs, successors and assigns forever.
In Witness Whereof, the said parties of the first part haVe hereunto set their hands and ,
seal s the day and year first above written. t.
Signed and Scaled in 0 r resence: •
� --- `� SEAL
TACQ 'LINE WURN7.---:,4 _. , .
...›_<""(7::, L - -�_ 'AL
/Of
-STEN N-L' S ', 40 -GRAIT_ L
/ - SEAL
STATE OF FLORIDA
COUNTY OF DUVAL ss.
Before me personally appeared JACQUELINE WURN '-
STEPHEN LEONARDGRAD , her husband !''
and , HiPW'ire, to me well'kn.,own
and known to me to be the individuals described in and who executed the foregoing instrument, and
edged to and before me that they executed the same for the purposes therein expressed. • .
WITNESS my hand and official seal this i'-'1-L.__day of F�1_,_`.� _g __ 5 `
at Jacksonville , County and State aforesaid.
rl Notary Public in and for the Cou ty and State 'Aforei.itd,
55— 31340 My Commission expires
lyf ) `J
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APIA 9 4 ii PM '85
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ri FP':it P.I?'all'rrlr,
V01-,.5140 /9s11
•
Lot 8, Block 9, as shorn on the Flat of Atlantic Beach Subdivision A , as recorded
in l l;it Zook 5, Page 69 of the Current Public Records of Duval County , Florida .
•
L O T 9 L 0 T 7 L O T $
f x
L O T /O
0 L O rtiN
50
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C' coA/c,44-i'E • • w4Lsl. •
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LEGEND R4 Y, MIL L ER e 4SSUC/AYES
o NOTE5 METAL STAKE_ SET PROFESS/ONAL LANG 541RVEYOR5
• Oi NOTE5 METAL STAKE FOUND 38 f'45r /7TH STREET
O OI;✓OTE5 PERMANENT REFERENCE MON. JACk5OA/V/L L E, FL OR/OA
x x OENOTE5 FENCE P//ONE 353 6476
p,r rE >CAL E
6 •17 /D, /9��O J4: 2O• JOl3 NO. ± 9G�$ ,i/ez?.
OR.�FT54,4N'. - U/ECREO !� — -- BY: �
/ FLORIDA RF:GJSTEg SI) VEYOR CERTIFICATE NO.3044
EQUITABLE. Just; conformable to the principles
of justice and right.
Just, fair, and right, in consideration of the
facts and circumstances of the individual case.
Existing in equity; available or sustainable only
in equity, or only upon the rules and principles
of equity.
Black's Law Dictionary; 4th Edition.
It seems to me that the legal concept of "EQUITY" recognizes the fact that
lawmakers are not infallible, and. that there are occasions where the
strict application of a statute causes hardship which is put of proportion
to its benefit to Society.
John Baillie.
? AGE 7Lt —7 FLA 5v (2 2 ,==i-
§
146 BUILDING, ZONING, AND LAND CONTROLS
ordinance and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.2
A variance should not be granted where the use to be autho-
rized thereby will alter the essential character of the locality, or
interfere with the zoning plan for the area and with rights of
owners of other property. A variance that permits a use not
authorized by an existing zoning classification fixed under a
planned zoning of the area or neighborhood, generally is not
justified unless the land cannot yield a reasonable return when it
is used only for purposes authorized in its present zoning.3
2529-5—I6—2
568
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49 I 39 l 35 33 31 ll
29 25 19 IT IS 13 �.
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STEVE GRAD
3530 PORTER ST.N.W.
WASHINGTON,D.C. 20016
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WOLF SCi'N z f:OCP P01
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The Wolfson Group
Saul Wolfson
Dennis M. Wolfson
Donald M. Wolfson
Richard 1 Wolfson DATE: July 22 , 1992
MESSAGE TO: Pat Harris NUMBER OF PAGES: 3
MESSAGE FROM: Don Wolfson FAX TELEPHONE: 247-5805
COMMENTS: Oriclirial will be mailed_ to you today.
PLEASE CALL (904) 731-7268 IF YOU DID NOT RECEIVE ALL PAGES.
tt�fLFSON GROUP
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I ,NI 0.1‘11,-M11)1/1 1 sIno1 AML t)I: 110AMO.COUNCIL,t'{)Mn1N%IO14, ALF]Multi rY.OR COMMITTLC•
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t•t.FCTIVt Avrt)INtive
WHO MUST FILE FORM SS
This form is for use by any person serving as the county,city,or other local level of government on an appointed or clec.- ' board,
council,commission.authority,or committee. it applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use It In making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict or interest will vary greatly depending
on whether you hold an elective or appoint frt.position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
L. - --
INSTRUCTIONS FOR COMPLIANCE WITH =EOTiON 112.3143, FLORIDA STATUTES
ELE rEl) OFFICERS: •
A parson holding elective county, municipal,or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private pin. Each local officer also Is prohibited from knowingly voting on a measure which Inures to the special
pin of a principal (other than a government agency) by whom 1w is retained.
in either case. you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly slating to•the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 1S DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should Incorporate the form in the minutes,
APPOINTED) OFFICERS:
A person holding appointive county, municipal,or other Weal public office MUST ABSTAIN from voting on a measure which
Inures to his special private gain. Each local officer also Is prohibited from knowingly voting on a measure which Inures to the
special pun of g principal (other than a government agency) by whom he is retained.
A person holding an appointive local orrice otherwise may participate In a miller in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the orfieer pr at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
•
• Thu should complete and tile this form (below making any attempt to Influence the decision)with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
s A copy of the forst should be pray cd immediately to the other member. of the agency.
a The form should be read publkiy at the meeting vibe 16 consideration of the matter in which you have a conflict or inteccst.
WOLFSON GROUP P03
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within I)days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OP STATE OFFICER'S INTNRIIST
I, ) ► — o . hereby disclose that on
ta) A measure came or will come before my agency which (check one)
- inured to my special private gain; or
..._inured to the special gain of , by whom I am retained.
(b) The measure before my agency and the nature of my Interest in the measure is as follows:
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Signature
NOTICE UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1913), A FA1UJRE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OP TETE FOLLOWING:
IMPEACHMENT, REMOVAL ORUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED X5,000.
11101 Ma. Mai Ma/1
STANDARD AGREEMENT RECOMMENDED BY.
THE JACKSONVILLE ASSOCIATION OF REALTORS° INC.,
THE CLAY COUNTY ASSOCIATION OF REALTORS° INC., 1111.
o
REALTOR® AND THE JACKSONVILLE BEACHES ASSOCIATION OF REALTORS, INC. REALTOR®
DEPOSIT RECEIPT AND PURCHASE AND SALE AGREEMENT
PARTIES r< 't ' " `✓ ctie e r e� )
(BUYER)
and /TG JW U" h f N t-� L✓(��/� c .t,4/ J`-L e L. /v 'c (SELLER)
which terms may be singular or plural and will include the heirs,successors,personal representatives and assigns of SELLER and BUYER,hereby agree that SELLER will sell and BUYEI
will buy the following property,upon th Il/owing terms� and conditions If completed or marked.In any conflict of terms or conditions,that which is added will supersede that which L
printed or marked.The Property is in U r ' County.Florida and is described as follows(if lengthy,attach IgspI description):
Loi y �'— (Je. `f3 : A-' T( c _ G i3 . '.\ 1' (�' a� i Y v✓r41- Cv
ADDRESS: 7 ',Si: /e9 71- 7-7 C 06-71-C-11 FLOie J ZIP: 3 Z 3 3
It is understood that the Properly will be convoyed by GENERAL WARRANTY DEED(unless otherwise specified herein)subject to current taxes,existing zoning(unless specified otherwis,
in paragraph 16),covenants,restrictions,and easements of record.
1. TOTAL PURCHASE PRICE to be paid by BUYER is payable as follows:
(A)Binder deposit,which will remain a binder until closing,unless sooner forfeited or returned,according to the provisions of this agreement $
(B)Additional binder deposit duo within days after date of acceptance of this agreement $
(C)Balance due at closing(not including BUYER'S closing costs,prepaid items or prorations)in U.S.cash or LOCALLY DRAWN certified ,vZ
or cashier's check approx exactly•
$
(D) Proceeds of now note and mortgage to be executed by BUYER to any lender other than SELLER
$
(E)Purchase money mortgage and note to SELLER on terms set forth in paragraph 2C $
(F)Other financing $
(G)Existing mortgage balance encumbering the Property to be assumed by BUYER (approximately)$
Mortgagee Loan H Int.Rate P&I i/�.
(H)TOTAL PURCHASE PRICE approx exactly $ " f ev0
2. FINANCING:If BUYER does not obtain the required financing but otherwise complies with the terms hereof,the binder deposit less sales and loan processing costs incurred,will b
returned to the BUYER.
(A) ( I APPLICATION:The application for the mortgage described in paragraph 1D will be made with a lender selected by[ ]SELLER or[ ]BUYER.Unless such mortgage loo
is approved without contingencies other than those elsewhere covered in this agreement within days of the date of acceptance of this agreement,SELLER or BUYE
will have the right to terminate this agreement,and BUYER will return to SELLER all the title evidence and surveys received from SELLER.BUYER will make application for financin
within days of the date of acceptance of this agreement and timely furnish any and all credit,employment,financial and other information required by the lender. I
the event the original loan application is denied,BUYER,it requested by SELLER,will reapply within days of such request at an alternate institutional lender selecte
by SELLER.
1.[ ]FHA:It is expressly agreed that,notwithstanding any other provisions of the Agreement,the BUYER shall not be obligated to complete the purchase of the Property describe
herein or to incur any penalty by forfeiture of earnest money deposit or otherwise unless the SELLER has delivered to the BUYER a written statement issued by the federal Housin
Commissioner setting forth the appraised value of the Property(excluding closing costs)of not loss that$ ,which statement the SELLER hereby agree
to deliver to the BUYER promptly alter such appraised value statement is made available to SELLER.The Buyer shall,however, have the privilege and option of proceedin
with the consummation of the Agreement without regard to the amount of the appraised valuation made by the Federal Housing Commissioner.The appraised valuation is arrive
at to determine the maximum mortgage the Department of Housing and Urbae,9eYelopment will insure,HUD does not warrant the value or the condition of the Property.TI-
. purchaser should satisfy himself/herself that the price and condition of the Property are acceptable.
2.( 1 VA:It is expressly agreed that,notwithstanding any other provisions of this agreement,the BUYER shall not incur penalty by forfeiture of earnest money or otherwise t
obligated to complete the purchase of the Property described herein,it the Agreement purchase price Or'cost exceeds the reasonable value of•the Property established by tr
Veterans Administration.The BUYER shall however,have the privilege and option of proceeding with the consummation of the Agreement without regard to the amount of reasonab
value Sestablished by the VA.
(B) [ ]MORTGAGE ASSUMPTION:BUYER understands that loan interest( (will[ (will not,escalate and is( I variable[ 1 fixed rate( I GPM.If mortgage approval of BUYE
is required for loan assumption,BUYER will within days,make required application and timely provide qualifying information as required by lender.BUYER'S obligati(
to close is contingent on lender's approval of the assumption within days of the date of acceptance of this agreement.
(C)( 1 SELLER:The balance due to SELLER will be evidenced by a negotiable promissory note of BUYER,secured by a valid purchase money mortgage on the Proper
and delivered by BUYER to SELLER dated the date of closing, bearing annual interest of _ % and payable $ per for ( ) yea
( ). months. Privilege of prepayment[ ]does apply[ ]does not apply.The mortgage will be( 1 due on sale I 1 not due on sale of Property.This agreement
not assignable without the consent of SELLER.Within days after date of acceptance of this agreement,BUYER will furnish all credit,employment and financial inform
lion reasonably required by SELLER.SELLER will within days after receipt of the information,deliver a written decision to BUYER as to whether or not SELLER w
make the mortgage loan.
3. BUYER WILL PAY:
(A) CLOSING COSTS:(Recording fees(✓J Note stamps( Intangible tax(v'rCredlt report(s)( I Mortgage transfer and assumption charges 1 (VA funding lee 1.-('Mortgar
origination fee(VMortgage insurance premium 1.4-Mortgage discount not to exceed
r
** I
[V] L N n/�lt S attorney's fee[ 1 Wood-destroying organism report[ j Appraisal fee 1 1 Survey( J Tax service
( 1 title insurance policy( )Other
(B) All other charges required by lender,unless prohibited by law or regulation,In which event they will be paid by SELLER.
(C)PREPAIDS:Prepaid hazard insurance,taxes,interest and mortgage insurance premiums, required by the lender.
4. SELLER WILL PAY: C7Z
Sta
(A) CLOSING COSTS:[ mps on deed(y1" ! ' ' title insurance policy(4 attorney's fee IL...(-goal estate brokerage fee( 1 Mortgage discount not to exce'
[ 1 Satisfaction of mortgage and recording fee[ 1 Repairs or replacements,in addition to those in paragraph 9,not to exceed$
( ]For VA sale only,wood-destroying organism report[ 1 Appraisal fee( rvey Tax service[ I Other
(B)All other charges required by lender which BUYER is prohibited from paying by law or regulation.
(C)All mortgage payments and condominium and association fees will be current at SELLER'S'expense at the time of closing.
•
(D) SELLER will deliver proof satisfactory to BUYER that BUYER will not be obligated to withhold any of the purchase price under the Foreign Investment and Real Property Tax t
OR shall provide funds at closing to enable BUYER to meet the tax obligation.
5. PAYMENT OF EXPENSES:If BUYER fails to perform,all loan and sale processing and closing costs incurred,whether the same were to be paid by SELLER or BUYER,will be t,
responsibility of BUYER,with costs deducted from the binder deposit.This will include but not be limited to the transaction not closing because SELLER elects not to make the mortga
to BUYER as provided in Paragraph 2(C)of this agreement or because BUYER does not obtain the required financing as provided in this agreement,or BUYER invokes his ric
under any other contingency added by BUYER.
If SELLER fails to perform,all loan,sales processing and closing costs incurred,whether the same were to be paid by SELLER or BUYER will be the responsibility of SELLER;a
BUYER will be entitled to the return of the binder deposit,This will Include,but not be limited to the transaction not closing because SELLER is unable to complete the transaction for a quali(i
BUYER,or because the Property does not appraise for an amount sufficient to enable the lender to make the required loan,or because SELLER elects not to pay for the excess amot
in paragraphs 9, 11,4(with respect to repairs),or because the zoning is not as required in paragraph 16,or because SELLER cannot deliver a marketable title.
6. PRORATIONS:All taxes,rentals,condominium or association fees,prepaid hazard insurance premiums(if assumed),monthly mortgage insurance premiums and interest on assurn
mortgages will be prorated as of the dale of closing.If part of purchase price Is to be evidenced by the assumption of a mortgage requiring deposit of funds in escrow for paymr
of taxes,insurance or other charges. BUYER agrees to reinburse SELLER for the escrowed funds assigned to BUYER at closing.
7. TITLE EVIDENCE:Within S Q days( 1 after date of acceptance(Iter date of satisfaction of all conditions in paragraph 19,SELLER will deliver to BUYER or closing attorni
(Title insurance commitment for an owner's policy in the amount of the purchase price[ )Title insurance commitment for mortgage policy in the amount of the new mortga<
Any expense of curio title including,but not limited to legal fees,discharge of liens and recording fees will be paid by SELLER.
8. SURVEY:Within 0 days I (after date of acceptance(y('after date of satisfaction of all conditions in,paragraph 19,SELLER will deliver to BUYER r closing attorney:
A new staked survey dated within 3 months of closing showing all improvements now existing thereon and certified to buyer,lender,and the title insurer.[VA copy of a previou
made survey of the Property showing all improvements now existing thereon.1 ] No survey is required. /L/
9. WOOD-DESTROYING ORGANISM REPORT:"Wood-destroying organism"means arthopod or plant life which damages a structure.BUYER at BUYER's expense(unless VA),within
time allowed to deliver evidence of title and examination thereof,may have the Property inspected by a Florida Certified Pest Control Firm to determine whether there is any visible
active wood destroying organism infestation or visible existing structural damage from wood destroying organisms to the improvements.If BUYER is informed of either or both of the
foregoing,SELLER will have seven(7)days from receipt of written notice thereof within which to have all such wood destroying organism damages,whether visible or not,inspected
and estimated by a licensed building or general contractor.SELLER will pay costs of treatment and repair of all structural damage up to ono percent(1%)of the purchase price. If
such costs exceed the amount agreed to be paid by SELLER and SELLER declines to treat and repair,BUYER will have the option of(a)terminating this agreement,(b)proceeding
with the transaction,in which event SELLER will boar costs equal to one percent(1%)of the purchase price.
10.(A)TITLE EXAMINATION AND TIME FOR CLOSING:II title evidence and survey,as specified above,show SELLER is vested with a marketable title,subject to the usual exceptions
contained in title insurance commitments(such as exceptions for survey,current taxes,zoning ordinances;covenants,restrictions and easements of cpcord),the transaction will be
closed and the deed and other closing papers delivered on or before( ) ( ) days after date of acceptance(4' 3e:. days atter date of satisfaction
of all conditions in paragraph 19,unless extended by other conditions of this agreement.
(B) If title evidence or survey reveal any defects which render the title unmarketable,BUYER will have 7 days from receipt of title commitment and survey to notify SELLER of such
title detects and SELLER agrees to use reasonable diligence to cure such defects at SELLER's expense and will have 30 days to do so,In which event this transaction will be
closed within ten days after delivery to BUYER of evidence that such defects have been cured:SELLER agrees to pay for and discharge all due or delinquent taxes,liens and
other encumbrances,unless otherwise agreed.If SELLER_is unable to convoy to BUYER a marketable title,BUYER will have the right to terminate this agreement,at the same
time returning to SELLER all title evidence and surveys received from SELLER,or BUYER will have the right to accept such title as SELLER may be able to convey,and to.close
this transaction upon the,terms stated herein,which election will be exorcised within 10 days frpm notice of SELLER's Inability to cure. ,
11.LOSS OR DAMAGE:If the property Is damaged by fire or other casually prior to closing,and cost of restoration does not exceed 3%of the assessed valuation of the improvements
located on the property,cost of restoration will be an obligation of SELLER and closing will proceed pursuant to the terms of this agreement with cost therefore escrowed at closing.
In the event the cost of repair or restoration exceeds 3%of the assessed valuation at the improvements and SELLER declines to repair or restore,BUYER will have the option of
either taking the properly as is,together with either tho said 3%or any insurance proceeds payable by virtue of such loss or damage,or of cancelling this agreement.
12.SELLER agrees to deliver the Property in its PRESENT AS IS CONDITION except as otherwise specified herein.SELLER does hereby certify and represent that SELLER has legal
authority and capacity to convoy the Property with all Improvements.SELLER further certifies and represents that SELLER knows of no latent defects to the Property and knows of
no facts materially affecting the value of the Property except the following:
•
BUYER has Inspected the Property and HAS NOT RELIED UPON ANY REPRESENTATIONS MADE BY ANY REAL ESTATE AGENT in describing the Properly,and BUYER accepts
the P2perty in its PRESENT AS IS CONDITION,except as otherwise specified heroin.
13.(,)'OCCUPANCY: SELLER represents that there are no partios In occupancy other than SELLER, BUYER will bo given occupancy at closing unless otherwise specified
herein, 14.4:11.A.
If occupancy is to bo delivered prior to closing,BUYER assumes all risk of loss to persons and property from the date of occupancy,will bo responsible and liable for maintenance
thereof from said date,and will bo doomed to have accepted the property,real and personal,in its existing condition as of time of taking occupancy unless otherwise agreed in writing.
I )BUYER understands that Property is available for rent or rented and the tenant may continue in possession following closing unless otherwise agreed In writing.All deposits will
be transferred to BUYER at closing.
14.PERSONAL PROPERTY:Included in the purchase price are all fixed equipment including ceiling fans,drapery hardware,attached lighting fixtures,mailbox,fence,plants and shrubbery
as now installed on the Properly,and these additional items: fQ t"V&T
Items specifically excluded from this agreement:
15.DEFAULT ANO ATTORNEY'S FEES:If DUYER defaults under this agreement,all deposit(s)will be retained by the SELLER as agreed liquidated damages for distribution pursuant
to provisions of the listing agreement and in lull settlement of any claim,whereupon BUYER and SELLER will be relieved of all obligations under this agreement.If SELLER defaults
under this agreement,the BUYER may seek specific performance or elect to receive the return of the BUYER's deposit(s)without thereby waiving any action for damages resulting
from SELLER'S broach.In connection with any litigation arising out of this agreement,the prevailing party will be entitled to recover all costs incurred including•a reasonable attorney's tee.
16.( )ZONING and RESTRICTIONS:Unless the Property is zoned and can be legally used for ,or if there is niia(oof proposed zoning changes.
deed or other restrictions that could prevent such use at the time of closing,BUYER will have the right to terminate this agreement.BUYER will have 10 days from date of acceptance
to verify the existing zoning and current proposed changes,and deliver written notice of objections to SELLER or be deemed to have waived objections under this paragraph.
17.The offer of BUYER will terminate if SELLER has not indicated his acceptance of this agreement by signing and delivering saint.T&TWoloctronically transmitting the same,or by telegraphing
acceptance to BUYER or submitting agent before _:01 ( j A.M.) 1 P.M. Date
18.ADDITIONAL,TARMS,CONDITIONS, DENDA.(Lettered A.B.,C.D,etc.) ? ) �.�//J, , ,
!:::-.4 ,_
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19.TIMI G:,The timing of paragraphs 7,8,9,and 10(A)will become operable after stisfaction of paragraph 2, if applicable,and these additional conditions lettered in paragraph 18
N��
20.There aro no other agreements,promises or understandings between those parties except as specifically set forth herein.No alterations or changes will be made to this agreement
except in writing and signed or Initialled by the parties herein.This legal and binding agreement will bo construed under Florida Law,will not be recorded and if not understood,parties
should seek competent legal advice.SELLER and BUYER give real estate agent authorization to advise surrounding neighbors who will be the new owner of this property.TIME IS
OF THE ESSENCE IN THIS AGREEMENT.
21.SIC.NE ,sealed othe date herein stated. _ '
,/`�— 2`J —ci z • .
', / BUYER DATE OF OFFER BUYER , ,t
Social S ulity-oy x LD.q ?��(6 '/" Social SS uurify�or Tax I.D.N /� C
R DAT///f1----
CEPTANCE �/ SELLER
6e._,A,,.........
Lys/ �'
Social Security or Tax I.D.Nn/ I5`l 7J b��' '' Social'Sodurity/o Tax I.D.N 2�6��'r• r�'3 'fir
s
AGENT by the signature below acknowledges receipt of$_--5—C717----" ( )cash( chock,as binder deposit,which is the amount mentioned in paragraph 1(A)of this agree-
ment. It will be deposited and held in escrow pending disbursement according to terms,hereof,togethe with I additio al binder deposits escrowed by terms of this agreement.
(LORI—,r( &. 14)1 LLI/1AiS. IA/c Vt,HiVWAIL+-1 c= 1"- Li(//, i26----7&77),e- f c_i 7i-i
Company By St Title
BRO ER'S FEE:(Check&complete the one applicable)
IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT: ' /
Seller agrees to pay the broker named below,including cooperating sub-agents named,according to the terms of an existing,separate listing agreement.Cooperating Commission: 114
OR
( )IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
SELLER will pay the broker named below,at limo of closing,from the disbursements of the proceeds of the sale,compensation In the amount of(COMPLETE ONLY ONE) °/b
of gross purchase price or$ ,for broker's services in effecting the sale by finding the BUYER ready,willing and able to purchase pursuant to the foregoing
agreement.If BUYER fails to perform and deposit(s)is retained,50%thereof,alter deduction of costs assessed against the deposit,(but not exceeding the broker's foe above provided)
will be paid broker,as full consideration for broker's services including costs expended by broker,and the balance will be paid to SELLER.If the transaction does not close because
of refusal or failure of SELLER to perform,SELLER will pay the full too to broker on demand.In any litigation arising out of the Agreement concerning the broker's fee,the prevailing
party will recover reasonable attorney fees and costs.
fOgi iNt 6-.LJ14-1-04Ms' IN,
•
(Firm name of taro r) (Name of coo ing subage (Seller)
./i
By: •
(Aut orized sign for ) (Authorized signatory of sug•agent) (Seller)
MLS Form 1Copyrighted by the Jacksonville Association of REALTORS? Inc..the Clay County Association of REALTORS? inc., 3/90
and the Jacksonville Beaches Association of REALTORS;? Inc.
CITY OF N2 6382
ATLANTIC 'BEACH
FLORIDA
August 25 19 92
Jacqueline Wurn & Stephen Grad
NAME c/o John Baillie
ADDRESS 1923 Beach Avenue
CITY Atlantic Beach, FL 32233
Re: Change in Zoning Classification
Additional fees due City of Atlantic Beach
prior to adoption of ordinance $150.00
Lot 8, Block 9, Plat Book 5, Page 69
Jacqueline Wurn and Stephen Grad
VALIDATION DTE 09/17/92
TIME 01:35 PM
TOTAL $150.00
TENDERED $150.00
CHANGE $.00
1PNUMBER: 06670g
When Signed, Dated and Numbered, This Becomes an Officio ecTeipt
MAKE CHECKS PAYABLE TO Received Payment
CITY OF ATLANTIC BEACH, FLORIDA TREASURER