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151 Club Drive 2005 Survey LAIN". CITY OF ATLANTIC BEACH i 6 BUILDING AND PLANNING J� f ' ' s• 800 SEMINOLE ROAD t1 ATLANTIC BEACH,FLORIDA 32233-5445 4- TELEPHONE:(904)247-5800 -r FAX:(904)247-5845 http://ci.atlantic-beach.fl.us April 01, 2005 is�i COpy Robert M. Frosio on behalf of Elizabeth Anne Frosio Trust 151 Club Drive Atlantic Beach, Florida 32233 Re: Division of property on Club Drive east of Ocean Boulevard (RE# 170246 0000) Dear Mr. Frosio: The division of your family's property into two parcels, as depicted and described within the attached surveys, is hereby approved in accordance with the provisions of Section 24- 189 of the City's Land Development Regulations. Each new parcel meets the required minimum Lot Area and the required 75-foot width at the building restriction line. The approved surveys must be recorded as an addendum to any new deeds, and the future property owner(s) will be required to submit a copy of this approved survey along with any application for Building Permits. This property is within the RS-2 Zoning District, and any future development shall be subject to the RS-2 District requirements as well as other applicable Land Development Regulations. Please feel free to call me at 247-5826 with any questions. Sincerely, PL-r- Sonya Doerr, AICP Community Development Director Enclosures 7- ( 57:9-7v 7---/1-6 --- I 5' G� 7 j.c. et_ f OS t/Z ir� P � � z, 7C� � S Cs� G�Gf— C Com- i/L-P�-L7 © e r- 107_ vice� - x7 ©-0 . / �j / ,74- / / e e (Ag - s e_ , ' of /0 g / 67 Gam- 6 sct,e s- 4. 27t s-c -tee_ 6.2 / Vc /' / S S a__ I e 4 ‘20_z....)--x-L 74, (-0/eJ2 C Arne? �� --�- . . S LL�� cf 74-4 S� a-G D siee 7 /` ` ''t -e/>) - ? / AA-,- /S a (4: A5 2 O 2q 03/30/05 11:01 FAX 904 355 1520 DBS&11 0 001 DALE,BALD, SHOWALTER &MERCIER PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW HOWARD L..DALE {904)355-1155 WIWAM A.BALD' RUSSELL H.SHOWALTER,JR. 200 WEST FORSYTH STREET,SUITE 1 100 LEE F.MERCIER JACKSONVILLE,FLORIDA 32202-4308 MICHAEL A.CANDETO JULIE SAIECG FACSIMILE(904)355-1520 E-MAIL.]yJalt dalrhald enol *AI SO ADMITTED IN GEORGIA FAX COVER SHEET Date: March 30,2005 Time./ `"V Please deliver td: Name: Al Frosio ,4142 FAX No.: b From: Iloward L. Dale, Esquire Re: Mary Frosio,Kathleen Ann Frosio f/k/a Kathleen Ann Ross,Robert Michael Frosio, Alan Edward Frosio as Trustees of the Elizabeth Anne Frosio Qualified Personal Residence Trust—Sale of westerly 25' (est.d)wide parcel located at 151 Club Drive ("Parcel") Our File No.: 2934.0000 Total number of pages sent, including cover: L_ Mr. Frosio, I am sorry, but I confused you with Robert Frosio,who is the person I mailed an original contract to. Attached is a copy of the executed Purchase and Sale Agreement for your files. Please let me know if I can do anything further. Angel Maszy Secretary to Howard L. Dale If you do not receive all pages or have a problem with receiving, please call Angel at (904) 355-1155. WARNING: The information contained in this facsimile message is attorney-privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (904) 355- 1155 and return the original message to us at the above address via the U.S. Postal Service. Thank you. 03/30/05 11:01 FAX 904 355 1520 DBS&M Ej002 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS°AND THE FLORIDA BAR • Contract For Sale And Purchase FLORIDA ASSOCIATION OF REALTORS'AND THE FLORIDA EAR 'o•ert rosio, 'a een nn ros • , ' • •, •^ • 1' PARTIES: as trustees of the Elizabeth Anne Frosio Qualified Personal Residence TrusrwSel!er"), 2' and Brian Hughes(Social security Number; ) _(°Buyer"), 3 hereby agree that Seler shall sell and Buyer shall buy the following described Real Property and Personal Property(collectively"Property") 4 pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda("Contract"): 5 I. DESCRIPTION: 6' (a)Legal description of the Real Property located In Duval County,Florida: Land ons_ 7' described on Exhibit A as defined as the"Out Parcel" 8' 9' (b)Street address,city,zip,of the Property: Part of 151 Club Drive,Atlantic Beach, Florida 32233,shown —_ 10 - - 11 12' Other items included are: None _- 13' 14' Items of Personal Property(and!eased items,if any)excluded are: None ft 15' - -- 16' II. PURCHASE PRICE (U.S.currency)! $ 300,000.00 17 PAYMENT: 18' (a)Deposit held in escrow by ** See below (Escrow Agent)'n the amount of(checks subject to clearance) $ 30,000.00 19* (b)Add:Zonal escrow deposit to be made to Escrow Agent within days after Effective Date 20' (see Paragraph III)in the amount of $ 21' (c)Fnancng(see Paragraph IV)in the amount of $ /,ram 000, 0,1 41./ 22' (d)Omer $ 23 (e)Balance to close by cash,wire transfer or LOCALLY DRAWN casher's or official nank check(s).subject /z st1 �_,_ 24' to adjustments or prorahons $_ _ 0 25 III. TIME FOR ACCEPTANCE OF OFFER A I COU EROFFERS;EFFECTIVE DATE: 26 (a)If this offer is not execut- by a id del' " 'i sates OR FACT OF EXECUTION communicated in writing between the parties on 27' before__C mss-_.. 2 ' Ufp',.:.•:it(s)will,at Buyer's option,be returned and this offer withdrawn. UNLESS OTH- , 28 ERWISE STATED, THE TIME •OR ACCEPT. , •NY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE THE COUN- '�Y 29 TEROFFER IS DELIVERED. 30 (b) The date of Contract("Effective Date")will be t • date when the last one of the Buyer arid Seller has signed or initialed this offer or the 31 final counteroffer.If such date is not otherwise set forth in this Contract,then the"Effective Date" shall be the date determined above for 32 acceptance of this offer or,if applicable,the final counteroffer. 33 IV. FINANCING: 34' 0(a)This is a cash transaction with no contingencies for financing; 35" (b)This Contract is contingent on Buyer obtaining approval of a loan('Loan Approval')within 30 days(if blank,then 30 days) after 36' Effective Date("Loan Approval Date')for(CHECK ONLY ONE):0 a fixed;0 an adjustable;or 0 a fixed or adjustable rate loan,in the prin- cipal amount of $ 150,000.00, at an initial interest rate not to exceed Ina rke t- %, discount and origination fees not to exceed 38* market %of principal amount,and for a term ofone**1 ,ears.Buyer will make application within 5 days(if blank,then 5 days)after 39 Effective Date. Buyer shall use reasonable dilgonce to: obtain Loan Approval and notify Seller in writing of Loan Approval by Loan 40 Approval Date;satisfy terms and conditions of tho Loan Approval;and close the loan.Loan Approval which requires a condition related to 41 the sale of other property shall not be deemed Loan Approval for purposes of this subparagraph.Buyer shat pay all loan expenses.If Buyer 42 does not deliver written notice to Seller by Loan Approval Date stating Buyer has either obtained Loan Approval or waived this financing con- 43 tingcncy,then either party may cancel this Contract by delivering written notice("Cancellation Notice")to the other, not'ater than seven(7) 44 days prior to Closing. -- - • -: : : ' - -....__...- ....._..s• ._._:..,.._.....,,.. - - - 45 finerieititretAtifteeey.If Buyer has used due diligence and has not obtained Loan Approval before cancellation as provided above, Buyer 46 shal be refunded Inc deposit(s. . • . . . • -- • . . . ., _. - • - •-; , , , 47 •• -,• ,, . , .„ ___ . • 48' 0(c)Assumption of existing mortgage(see rider for terms);or 49' 0(d)Purchase money note and mortgage to Seller(see Standards B and K and riders;addenda;or special clauses fcr terms). 50' V. TITLE EVIDENCE: At least 20 days(if blank,then 5 days)before Closing a title insurance commitment with legible copies of instruments 51 listed as exceptions attached thereto("Title Commitment")and,atter Closing,an owner's policy of title insurance(see Standard A for terms)shal 52 be obtained by: 53" (CHECK ONLY ONE): q(1)Seller,at Seller's expense and delivered to Buyer or Buyer's attorney:or 54' 0(2)Buyer at Buyer's expense. 55" (CHECK HERE): 0 If an abstract of title is to be furnished Instead of title insurance,and attach rider for terms. 56" VI. CLOSING DATE:This transaction shall be closed and the closing documents delivered on the date spec i f i e d*("closing"),unless 57 modified by ether provisions of this Contract. -.•- . .. ,. . , • , .. , _•••: ,. . •- • a-rease4a134e-rate--\- 58 . • . - - 59 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use piens, zoning, 60 restrictions, prohibitions and other requirements imposed by governmental authority;restrictions and matters appearing on the plat or otherwise FAR/BAR-7s Rev.7/04 ©2004 Fbrida Association of HEnuons"and The Fior:da Rar Al Rights Reserved Page 1 of 4 **Dale, Bald, Showalter & Mercier, P.A. received from Buyer on or before the Effective Date ***nr more *in the Addendum 03/30/05 11:02 FAX 904 355 1520 013S&ill 0 003 61 common to the subdivision;outstanding oil, gas and mineral rights of record without right of entry;unplatted public utility easements of record 62 (located contiguous to real property lines and not more than 10 feet in width as to the rear or front Ines and 7 1/2 feet in width as to the side 63 lines);taxes for year of Closing and subsequent years;and assumed mortgages and purchase money mortgages,if any(if additional items,see 64 addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for ** 65• residential purpose(s). as art o 1 e r s 66 VIII. OCCUPANCY:Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein.If Property is intended 67 to be rented or occupied beyond Closing,the fact and terms thereof and the tenant(s)or occupants shall be disclosed pursuant to Standard F. 68 If occupancy is to be delivered before Closing,Buyer assumes all risks of loss to Property from date of occupancy,shall be responsible and liable 69 for maintenance from that date,and shall be deemed to have accepted Property in Its existing condition as of time of taking occupancy. /0 IX. TYPEWRITTEN OFR HANDWRITTEN PROVISIONS:Typewritten or handwritten provisions,riders and addenda shall control ail printed pro- 71 visions of this Contract in conflict with them. 72' X. ASSIGNABILITY:(CHECK ONLY ONE):Buyer❑may assign and thereby be released from any further liability under this Contract;0 may 73• assign but not be released from liability under this Contract;or tI may not assign this Contract. 74 Xl. DISCLOSURES: 75' (a) U CHECK HERE If the Property is subject to a special assessment lien imposed by a pubic body payable in installments which 76' continue beyond Closing and, if so,specify who shall pay amounts due after Closing:❑Seller❑Buyer❑Other(see addendum). 77 (b)Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per- 78 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buikkngs in Horida. 79 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 80 (c)Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information 81 regarding mold, Buyer should contact an appropriate professional. 82 (d)Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996,F.S. 83 (e)If the real property includes pre-1978 resldental housing then a lead-based paint rider is mandatory. 84 (I)if Seller is a"foreign person"as defined by the Foreign Investment in Real Property Tax Act,the parties shall comply with that Act. 85 (g)BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS'ASSOCIA- 86 TION/COMMUNITY DISCLOSURE. 87 (h)PROPERTY TAX DISCLOSURE SUMMARY:BUYER SHOULD NOT RELY ON THE SEI I FR'S CURRENT PROPERTY TAXES AS 1HE AMOUNT 88 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE.A CHANGE OF OWNER- 89 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSV,ENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. 90 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION,CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 91 XII. MAXIMUM REPAIR COSTS:Seller shall not be responsible for payments in excess of: 92* (a)$ N.A. for treatment and repair under Standard D(if blank,then 1.5%of the Purchase Price). 93* (b)aN•A. for repair and replacement under Standard N not caused by Wood Destroying Organisms(if blank,then 1.5% 94 of the Purchase Price). 95* XIII.HOME WARRANTY: 0 Seller U Buyer fa N/A will pay for a home warranty plan issued by None 96' at a cost not to exceed$ . 97 XIV.RIDERS;ADDENDA;SPECIAL CLAUSES:CHECK those riders which are applicable AND are attached to and made part of this Contract: 98' U CONDOMINIUM O VA/FHA 0 HOMEOWNERS'ASSN. U LEAD-BASED PAINT ❑COASTAL CONSTRUCTION CONTROL LINE 99' 0 INSULATION ,1"AS IS" U Other Comprehensive Rider Provisions X Addenda 100' Special Clause(s): 101* The Addendum attached hereto is made a part hereof 102* _ 103* 104 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS ("Standards"): Buyer and Seller acknowledge receipt of a copy of Standards A 105 through Y on the reverse side or attached,which are incorporated as part of this Contract. 106 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.IF NOT FULLY UNDERSTOOD, 107 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 108 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS°AND THE FLORIDA BAR. 109 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a 110 p 'cuter transaction.Ter . and conditions should be negotiated based upon the respective interests,objectives and bargaining 111 posttlons of all interested perso... 112 ASTER'S ♦. rf.LL' ING A LINE NUMBER �IN THE MARGIN -GIN INDICATII I E •� AINS A B TO BE COMPLETED. 113* /'riG iI j�Lilc air AVZ7/Oil 114 ( 'YER) Brian Hu•;ii es (DATE) (SELLER) •/./ ' o I.P.R Trig (DATE) 115'— "' — P 71Z 7 a1' 116 (EWER) (DA1t) (SEL ER) Robe M. Frosio, trustee (DATE) 117*Buyers'address for Se Adliendum) uy purposes of notice Sellers'address or purposes of notice Robert M.Frosio. _ 118'- 804 Fifth Street, Neptune Beach FL 32266 119' ,Phone _- Phone 120 BROKERS:The brokers(Including cooperating brokers,if any)named below are the only brokers entitled to compensation in connection with 12 t this Contract: 122*Name:_ None None 123 Cooperating Brokers,if any Listing Broker FAPJBAR-7s Rev.7/04 ®2004 Ronda Assodation of Reuroas*and The Fbr.da Bar AN Rights Reserved Page 2 of 4 **adjoining lot, subject to Exhibit A and the Addendum 03/30/05 11:03 FAX 904 355 1520 DBS&M 004 124 STANDARDS FOR REAL ESTATE TRANSACTIONS 125 A.TITLE INSURANCE:The Title Commitment seal be issued by a Florida licensed title Insurer agreeing to issue Buyer,upon recording of the deed to Buyer,an 126 owners policy of title insurance In the amount of the purchase price,insuring Buyer's marketable title to the Real Property,subject only to matters contained in 127 Paragraph Vil and those to be discharged by Seller at or before Closing.Marketable title shell be determined according to applicable Tele Standards adopted by 128 authority of The Florida Bar and in accordance with law.Buyer shall have 5 days from date of receiving the Title Commitment to examine it,and if title is found defec- 129 five,notify Seller in writing specifying defect(s)which render title unmarketable.Saler shall have 30 days from receipt of notice to remove the defects,facing which 130 Buyer shad,within 5 days after expiration of the 30 day period,deliver written notice to Saler either:(1)extending the time for a reasonable period not to exceed 120 131 clays within which Safer shall use diligent effort to remove the defects;or(2)requesting a refund of deposits)paid which shall be returned to Buyer.If Buyer fads to 132 so notify Seller,Buyer shall be deemed to have accepted the title as It then is.Seeer shall.If title is found unmarketable,use diligent effort to correct defect(s)within 133 the time provided.If,after dtgent effort,Seller Is unable to timely correct the defects,Buyer shall either waive the defects,or receive a refund of deposit(s),thereby 134 releasing Buyer and Seller from all further obtgations under this Contract.If Seiler Is to provide the Title Commitment and it is deivered to Buyer less than 5 days prior 135 to Closing,Buyer may extend Closing so that Buyer shat have up to 5 days from date of receipt to examine same in accordance with this Standard. 14- ::: - • -• -• •- • _. 148 C.SURVEY. =. . . . within time allowed to deliver evidence of title and to examine same,may have the Real Property surveyed and certified 147 by a registered Florida surveyor.If the survey discloses encroachments cn the Real Property or that improvements located thereon encroach on setback inns,ease- 148 ments,lands of others or violate any restrictions,Contract covenants or applicable governmental regulations,the same shall constitute a title defect. 1 154 .. .. ... _ .. .55 .•: .. . .. . . .. .: : . - ..• - - .. • .• :. , -- - • . . . 158 •- - : . : :: _:_-. ..__ ._ .. _...,.. , , _.. . .. .,.. ... _ ._ .. 157 . -. .,.. .. 158 . .. . . _. . .. _. . _..., ... .. : • - • 160 E.INGRESS AND EGRESS:Seller warrants end represents that there is ingress and egress to the Real Property sufficient for its intended use as described 181 in Paragraph VII hereof and title to the Real Property is insurable in accordance with Standard A without exception for lack of legal right of access. 162 F.LEASES:Safer shall.at leant 10 days before Closing,furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature 163 and duration of the tenant's occupancy,rental rates,advanced rent and security deposits paid by tenant.If Seller is unable to obtain such letter from each ten- 164 ant,the same information shall be furnished by Seller to Buyer within that time period in the form of a Seler's affidavit,and Buyer may thereafter contact ten- 165 ant to confirm such information.If the terms of the leases differ materially from Seller's representations,Buyer may terminate this Contract by delivering written 166 notice to Seller at least 5 days prior to Closing.Seller shall,at Closing,deliver and assign all original leases to Buyer. 167 G.LIENS:Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence,unless otherwise provided for herein,of any financing statement, 168 claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme- 169 diately preceding date of Closing.If the Real Property has been Improved or repaired within that time,Seller shall deliver releases or waivers of construction 170 (rens executed by all general contractors,subcontractors,suppliers and materiaimen in addition to Selers lien affidavit setting forth the name of all such gen- 171 eral contractors,subcontractors,suppliers and materlainen,further affirming that all charges for improvements or repairs which could serve as a basis for a 172 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 173 H.PLACE OF CLOSING:Closing shall be held in the county wherein the Reel Property is located at the office of the attorney or other closing agent("Closing 174 Agent")desgnat:r : •. ... .. .. : . . :. ' • . _ .. .. .. _. . :: by Seller. 175 I.TIME:In computing time periods of less than six(6)days,Saturdays,Sundays and state or national legal hoddays shall be excluded.Any time periods provided 176 for herein which shall erxi on a Saturday,Sunday,ora legal hoaday stead extend to 5:00 p.m.of the next business day Time is of the essence in this Contract. 177 J.CLOSING DOCUMENTS:Seller shal furnish the deed,bit of sale,certilcate of title,construction len affidavit,owner's possession affidavit,assignments of leases, 178 tenant and mortgagee estoppel letters and corrective instruments.Buyer shat furnish mortgage,mortgage note,security agreement and financing statements. 179 K. EXPENSES:Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller.All costs of Buyer's loan(whether obtained 180 from Seiler or third party),includfing,but not limited to,documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, 181 mortgagee title insurance commitment with related fees,and recording of purchase money mortgage to Seller,deed and financing statements shall be paid by 182 Buyer.Unless otherwise provided by law or rider to this Contract,charges for the following related title services,namely title evidence,title examination,and 183 closing fee(including preparation of dosing statement),shall be pall by the party responsbie for furnishing the title evidence in accordance with Paragraph V. 184 L.PRORAT1ONS;CREDITS:Taxes,assessments,rent,interest,insurance and other expenses of the Property shall be prorated through the day before Closing. 185 Buyer shall have the option of taking over existing policies of insurance, f assumable,in which event premiums shall be prorated.Cash at Closing shad be 186 increased or decreased as may be required by prorations to be made through day prior to Closing,or occupancy,if occupancy occurs before Closing.Advance 187 rent and security deposits will be credited to Buyer.Escrow deposits held by mortgagee will be credited to Setter.Taxes shal be prorated based on the current 188 years tax with due allowance made for maximum afowabfe discount,homestead and other exemptions.If Closing occurs at a date when the current year mill- 189 age is not fixed and current year's assessment is available,taxes will be prorated based upon such assessment end prior year's milage.If current year's assess- 190 ment Is not available,then taxes will be prorated on prior year's tax.If there are completed improvements on the Real Property by January 1st of year of Closing. 191 which improvements were not'n existence on January i st of prior year,then taxes shal be prorated based upon prior year's milage and at an equitable assess- 192 meet to be agreed upon between the parties;failing which,request shall be made to the County Property Appraiser for an informal assessment taking into 193 account available exemptions.A tax proration based on an estimate shall,at request of ether party,be readjusted upon receipt of current year's tax bll. 194 M.SPECIAL ASSESSMENT UENS:Except as set forth in Paragraph Xl(a),certified,confirmed and ratified spectre assessment liens imposed by public bod- 195 les as of Closing are to be paid by Seller.Pending Liens as of Closing shall be assumed by Buyer.If the improvement has been substantially completed as of 196 Effective Date,any pending ten shall be considered certified,confirmed or ratified and Seller shall,at Closing,be charged an amount equal to the Last estimate 197 or assessment for the improvernent by the pubic body. FAR7BAR-7s Rev.7/04 0 2004 Florida Association of Renins'and The Florida Bar Ail Rights Reserved Page 3 of 4 *Seller 03/30/05 11:05 FAX 904 355 1520 DBS&M 0 005 198 STANDARDS FOR REAL ESTATE TRANSACTIONS(CONTINUED) 202 of pectians 204 -. . . .. .. .. 206 ... -• -• - . • . . . -..... -.. . . _. . . ._ .210 •• ,. : _,. .. • :.. .--" --:,.. . . . •_ : : "_:•-•- - 212 .. . -. , . . . : , .• :. .:. , 213 • ... . - . . , .. , -: , . ..• _ . : :: - _ . . . . .. . 216 O.RISK OF LOSS:If the Property is damaged by fire or other casualty before Closing and cost of restoration does not exceed 1.5%of the Purchase Price,cost 217 of restoration shal be an obigation of Seller and Closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at Closing.If the 218 cost of restoration exceeds 1.5%of the Purchase Price,Buyer shall either take the Property as is,together with either the 1.5%or any insurance proceeds 219 payable by virtue of such loss or damage,or receive a refund of deposl(s),thereby releasing Buyer and Seller from all further obligations under this Contract. 220 P.CLOSING PROCEDURE The deed shall be recorded upon clearance of funds.If the title agent insures adverse matters pursuant to Section 627.7841,F.S., 221 as amended,the escrow and dosing procedure required by this Standard shall be waived.Unless waived as set forth above the following clositg procedures 222 shat apply:(1)ell dosing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing;(2)11 Sellers title is rendered 223 unmarketable,through no fault of Buyer,Buyer shall,within the 5 day period,notify Seller in writing of the defect and Seller shat have 30 days from date of receipt 224 of such notification to cure the perfect;(3)if Seller fails to timely cure the defect,all deposits and closing funds shal,upon written demand by Buyer and within 5 225 days after demand,be returned to Buyer and,simultaneously with such repayment,Buyer shall return the Personal Property,vacate the Reel Property and recon- 226 vey the Property to Seiler by special warranty deed and bill of sale;and(4)if Buyer falls to make tirnefy demand for refund,Buyer shal take title as is,waiving all 227 rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. 228 O.ESCROW:Any Closing Agent or escrow agent(collectively'Agent`)receiving funds or equivalent Is authorized and agrees by acceptance of them to deposit 229 them promptly,hold same In escrow and,sub;eet to clearance,disburse them In accordance with terms and cor'dtions of this Contract.Fakes of funds to clear shall 230 not excuse Buyers performance.If In doubt as to Agent's dunes or liabities under the provisions of this Contract,Agent may,at Agent's option,cont awe to hold the 231 subject matter of the escrow until the parties hereto agree to lbs eisbusement or until a judgnnent of a court of competent juriscfction shall determine the rights of the 232 parties,or Agent may deposit same with the clerk of the clout court having jurisdiction of the dispute.An attorney who represents a party and also acts as Agent 233 may represent such party in such action.Upon notifying all parties concerned of such action,all liability on the part of Agent shall fully terminate,except to the extent 234 of accounting for any items previously delivered out of escrow.If a licensed real estate broker,Agent will comply with provisions of Chapter 475,F.S.,as amended. 235 My sur between Buyer and Seiler wherein Agent is made a party because of acting as Agent hereunder,or in any suit wherein Agent interpleads the subject matter 236 of the escrow,Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and cit of the escrowed funds or equivalent 237 and charged and awarded as court costs In favor of the prevailing party.The Agent shall not be liable to any party or person for msdeivery to Buyer or Seller of Items 238 subject to the escrow,unless such miisdellvery is due to willful breach of the provisions of this Contract or gross negligence of Agent. 239 R.ATTORNEY'S FEES;COSTS:In any itigatlon,including breech,enforcement or Interpretation,arising out of this Contract,the prevaiing party in such[Ai- 1 240 gation,which,for purposes of this Standard,shall include Seller,Buyer end .• --- - . -- . -• .::•: : _: ••--• ,_ ,• -:: __ _ _ 241 ,shal be entitled to recover from the non-prevailing party reasonable attorney's fees,costs and expenses. 242 S.FAILURE OF PERFORMANCE:If Buyer falls to perform this Contract within the time specified,Inducing payment of all deposits,the deposit(s)paid by 243 Buyer and deposrt(s)agreed to be paid,may be recovered and retained by and for the account of Serer as agreed upon iquidated damages,consideration for 244 the execution of this Contract and in full settlement of any claims;whereupon,Buyer and Seller shall be relieved of all obligations under this Contract;or Seller, 245 al Seller's option,may proceed in equity to enforce Seller's rights under this Contract.if for any reason other than failure of Seler to make Seller's title mar 246 ketable after diligent effort,Seller fails,neglects or refuses to perform this Contract.Buyer may seek specific performance or elect to receive the return of Buyer's 247 deposit(s)without thereby waiving any action for damages resulting from Seller's breach. 248 T.CONTRACT NOT RECORDABLE PERSONS BOUND;NOTICE; FACSIMILE:Neither this Contract nor any notice of It shall be recorded In any pubic 249 records.This Contract shall bind and inure to the benefit of the parties and their successors in interest.Whenever the context permits,singular shall include 250 plural and one gender shall include all.Notice and dolvery given by or to the attorney or broker representing any party shall be as effective as if given by or to 251 that party.All notices must be in writing and may be made by mail,personal delivery or electronic media.A legible facsimile copy of this Contract and any sig- 252 natures hereon shall be considered for all purposes as an original. 253 U.CONVEYANCE:Seller shall convey marketable title to the Real Property by statutory warranty,trustee's,personal representative's,or guardian's deed,as 254 appropriate to the status of Saler,subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall,at the 255 request of Buyer,be transferred by an absolute bit of sale with warranty of tee,subject only to such matters as may be otherwise provided for herein. 256 V.OTHER AGREEMENTS:No prior or present agreements or representations shall be binding upon Buyer cr Seller unless included in this Contract.No mod- 257 if:cation to or change in this Contract shall be valid or binding upon the parties unless In writing and executed by the parties intended to be bound by it. 258 W.SELLER DISCLOSURE:There are no facts known to Seler materially affecting the value of the Property which are not readily observable by Buyer or which 259 have not been disclosed to Buyer. 260 X.PROPERTY MAINTENANCE;PROPERTY ACCESS;REPAIR STANDARDS;ASSIGNMENT OF CONTRACTS AND WARRANTIES:Seller shall main- 281 fain the Property,including,but not limited to lawn,shrubbery,and pool in the condition existing as of Effective Date.ordinary wear and tear excepted.Seler 262 shall,upon reasonable notice,provide utilities service and access to the Property for appraisal and inspections,including a walk-through prior to Closing,to 263 confirm that all items of Personal Property are on the Real Property and,subject to the foregoing,that at required repairs and replacements have been made, 264 and that the Property has been maintained as required by this Standard.M repairs and replacements shall be completed in a good and workmanlike manner, 265 in accordance with all requirements of law,and shall consist of materials or items of quality,value,capacity and performance comparable to,or better than, 266 that existing as of the Effective Date.Seller will assign all assignable repair and treatment contracts and warranties to Buyer at Closing. 267 Y.1031 EXCHANGE:If either Seller or Buyer wish to enter Into a ike-kind exchange(either simultaneous with Closing or deferred)with respect to the Property 288 under Section 1031 of the Internal Revenue Code("Exchange),the other party shall cooperate In all reasonable respects to effectuate the Exchange,indud- 269 ing the execution of documents;provided(1)the cooperating party snail incur no liability or expense related to the Exchange and(2)the Closing shall not be 270 contingent upon,nor extended or delayed by,such Exchange. FAR/BAR-7a Rev.7/04 0 2004 Florida Association of REALTORS°and The Florida Bar AI Rights Reserved Page 4 of 4 03/30/05 11:06 FAX 904 355 1520 DBS&M 0006 EXHIBIT A LEGAL DESCRIPTION The balance("Out Parcel")remaining after removing from the"Parent Parcel"described below,the"Seller's Parcel,"defined below. "Seller's Parcel"shall mean that part of the Parent Parcel which satisfies all requirements of the City of Atlantic Beach,Duval County, State of Florida, and any recorded covenants,conditions and restrictions, for a single family residential lot with all permissible accessory facilities and with at least 7500 s.f of land area and at least the easterly most 75' of the Parent Parcel described below. Parent Parcel shall mean: A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACH AND RECORDED IN PLAT BOOK 5, PAGE 64,AND ALSO SHOWN ON PLAT NO. 1, SUBDIVISION"A,"OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 5,PAGE 69,OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY,FLORIDA,SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE,COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR,AS RECORDED IN PLAT BOOK 25,PAGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY;THENCE NORTH 85°32'15"EAST ALONG THE NORTH LINE OF SAID CLUB MANOR,A DISTANCE OF 146.25 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE NORTH 85°32'15" EAST,ALONG SAID NORTH LINE,A DISTANCE OF 99.87 FEET;THENCE NORTH 06°15'32"WEST,DEPARTING SAID NORTH LINE,A DISTANCE OF 100.13 FEET;THENCE SOUTH 85°19'17"WEST,A DISTANCE OF 99.89 FEET; THENCE SOUTH 06°16'42"EAST,A DISTANCE OF 99.75 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. The legal description of the"Out Parcel"and of the"Seller's Parcel" shall be subject to Seller's approval in Seller's sole discretion. If Buyer does not agree with legal descriptions approved by Seller prior to Closing,either Seller or Buyer may terminate this Agreement and Buyer shall receive a refund of Buyer's Earnest Money Deposit. 03/30/05 11:06 FAX 904 355 1520 DBS&M 1007 ADDENDUM THIS ADDENDUM SHALL AMEND,SUPERSEDE AND OVERRIDE THE TERMS OF THE PRINTED CONTRACT(BUT NOT EXHIBIT A)TO WHICH IT IS ATTACHED. IN THE EVENT OF A CONFLICT WITH THE PRINTED CONTRACT (BUT NOT EXHIBIT A),THE TERMS OF THIS ADDENDUM SHALL CONTROL. A. Seller and Buyer each represent and warrant to the other that they have not engaged,contacted,communicated with or otherwise used a broker or agent to procure or facilitate this transaction and each indemnifies the other for any liability arising from any claims by a broker or agent seeking a real estate commission or finder's fee who makes such claim by,through,or under the indemnifying party. B. The existing house encroaches onto the Property.Provided Seller receives the written evidence and assurance that Seller requires under paragraph E below, Seller agrees to remove such encroachment before the Closing,provided however, Seller may postpone the Closing for up to thirty days to cause such encroachment to be removed from the Property. C. Notwithstanding any other provision to the contrary,Seller shall pay at or before Closing the following closing costs:title insurance,Florida documentary stamp ;t tax on the deed,one-half of the survey fee, and recording fee for the d � Bu -rg shall pay all costs of Buyer's investigation of the Property, •;. 4 Buyer's legal fees and costs, , ' one-'alf o the survey fee. Seller shall pay Seller's legal fees and costs and the cost to remove the encroachment described in paragraph B above. Seller shall order the survey. D. Buyer shall indemnify and hold harmless Seller from any and all costs,liabilities, and expenses suffered or incurred by Seller occasioned by,or arising out of, Buyer's inspection of the Property. E. Seller's obligation to consummate the sale to Buyer shall be contingent on Seller receiving on or before the earlier of: (a)the 30th day after receipt of the survey showing the Seller's Parcel and the Out Parcel,or(b)the tenth(10th)day prior to Closing,written evidences and assurances from the City of Atlantic Beach and all • other governmental entities, and the Seller's title company and surveyor in form and substance satisfactory to Seller,in Seller's sole discretion,that the Seller's Parcel(whether owned by Seller or Seller's successors and assigns)shall constitute a single family residential lot and building in full compliance with all applicable zoning codes,building codes, life safety codes,fire insurance regulations,and any and all other applicable laws,rules,regulations,covenants, restrictions and conditions whatsoever. Seller shall notify Buyer. 03/30/05 11:07 FAX 904 355 1520 DBS&M IJ008 F. Seller's attorney shall conduct the Closing at the office of Seller's attorney in Jacksonville,Florida. Subject to B and E above, Closing shall occur on or before the sixtieth day after the Loan Approval Date stated in Section IVand the deposit by Buyer of the Earnest Money Deposit with Escrow Agent. G. Notice to Seller as required or permitted under the Contract shall also require that a copy of any notice sent to Seller shall also be supplied at the same time by both regular mail and fax to Seller's legal counsel: Howard L. Dale,Esq.,200 W. Forsyth Street, Suite 1100, Jacksonville,FL 32202,Fax 355-1155. Agreed to and approved by: :. YERSEL� y ' 4*•alf Brian Hughes 0 'obert M. Fro ,o,T tee Date: r/ tf /4 e)04- Date: 03 Z 7 a f"-- at at leen Ann Frosio, T stee Date: Mar T. rosio,Trustee Date: ;. E. Frosio rut: Date: Escrow Agent acknowledges receipt of$30,000.00 from Buyer. Date: /'blit, l-ir) Ural- Dale, B , Showa cr& er ier P.A. By: la MAP SHOWING BOUNDA \ 1 SURVEY OF. - A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC -BEACH AND RECORDED IN PLAT BOOK 5, PAGE 64, AND ALSO SHOWN ON PLAT NO. 1, SUBDIVISION "A", OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 5 PAGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR, AS RECORDED IN PLAT BOOK 2 , PAGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85°32'15" EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 171.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 85°32' 1 5" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 75.00 FEET; THENCE NORTH 06'15'15" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 100.15 FEET; THENCE SOUTH 85'32'15" WEST, A DISTANCE OF 75.00 FEET; THENCE SOUTH 06'15'15" EAST, A DISTANCE OF 100.15 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. ATLANTIC BEACH HOTEL RESERVATION PLAT BOOK 5, PAGE 6 (ALSO KNOWN AS SEAPLACE CONDOMINIUM) O.R.V. #5298, PAGE 125 S85' 3211 5"\N 75.00' FOUND 1/2" IRON PIPE SET 1/2",IRON PIPE NO IDENTIFICATION PIPE # 6696 0`5 FOUND 1/2' IRON L DURDEN .B. No IDENTIFICATION 0__x__% —x 25.00 12' EASEMENT FOR INGRESS AND EGRESS'"�— W 3 77 CO ('n I N 96.25'N.T� N85 32 15 J POINT OF REFERENCE T" pTN800K ". P'0' g OF CLU O D U R D E N v la e SURVEYING AND MAPPING, INC. I ' I. CTI (904)'724-5588 Fax 724-9154 T o 01V Ir m 1 STORY CONCR RESIDENCE rsi I .. ._ . I.- (TO BE DEM t�C J Ir I Do o ' � zi •?f 1 1 � EI IOF 8.711 E WA J CIT .I . I GGrw R Y.!31?+: I �, I1 77 J I. I a e a l l X7 NOTES: THIS PROPERTY LIES IN FLOOD ZONE "X" BY FLOOD MAP REVISED APRIL 17, 1939, COMMUNITY PANEL NO. 120075 0001 D BEARINGS BASED ON THE NORTHERLY RIGHT-OF-WAY LINE OF CLUB DRIVE AS BEING N 85' 32' 15" E O.R.V. DENOTES OFFICIAL RECORDS VOLUME —X— DENOTES 6' VINYL FENCE EXCEPT AS NOTED //— DENOTES 6' WOOD FENCE EXCEPT AS NOTED THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIC'A. IPE D U R D E N j SURVEYING AND MAPPING, INC. 8150 Lonestor Rood Jacksonville, Florida 32211 (904)'724-5588 Fax 724-9154 LICENSED BUSINESS NO. 6696 t�C J 1 1 � EI IOF 8.711 E WA J GGrw R Y.!31?+: I � J I 'J 3L.00K O IE O IED) 1 O O 01Z I 1.7' SQUARE COQUINA COLUMNS CJE �l CU (TYPICAL) n 1 A I 0" WIDE. 6' TALL Q Y ,...f,ONCRETE BLOCK WALL - .. Z - - . 13701' N.T.S. 08 A C 25.00' �j 50.00' SET 1/2" IRON PIPE FOUND 1/2 IRON 171,25' N.T.S. " IRON PIPE 6696 NO IDENTIFICATION - FOUND 1/2 DURDEN L.B. No IDENrIFIcP INT of BEGINNING N85°321151tE 75.00' DRIVE CLUB 50 RIGHT-OF-WAY APPROVED CITY Of ATLANTIC BEACH BUILDING OFFICE (2 APR 01 2005 dy: �u CERTIFIED TO: F ALLAN E. FROSIO F hereby certify that this' technical standards as the Florida Boar f Land S ve Section 47Ainistration r,do Stot 61g17 i meets the set forth by rs; pursuant to i nal Chopt&r FLORIDA REGISTERED SURVEYOR No. 4707 H. BRUCE DURDEN, Jr. SIGNED FEBRUARY 24, 2005 SCALE: 1" = 30' THIS SURVEY NOT VALID UNLESS THIS PRINT IS EMBOSSED WITH THE SEAL OF THE ABOVE SIGNED. B-5364 D U R D E N SURVEYING AND MAPPING, INC. 8150 Lonestor Rood Jacksonville, Florida 32211 (904)'724-5588 Fax 724-9154 LICENSED BUSINESS NO. 6696 APPROVED CITY Of ATLANTIC BEACH BUILDING OFFICE (2 APR 01 2005 dy: �u CERTIFIED TO: F ALLAN E. FROSIO F hereby certify that this' technical standards as the Florida Boar f Land S ve Section 47Ainistration r,do Stot 61g17 i meets the set forth by rs; pursuant to i nal Chopt&r FLORIDA REGISTERED SURVEYOR No. 4707 H. BRUCE DURDEN, Jr. SIGNED FEBRUARY 24, 2005 SCALE: 1" = 30' THIS SURVEY NOT VALID UNLESS THIS PRINT IS EMBOSSED WITH THE SEAL OF THE ABOVE SIGNED. B-5364 ®1 MAP SHOWING BOUNDARY SURVEY OF. A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACHANDRECORDED IN PLAT BOOK 5, PAGE 64, AND ALSO SHOWN ON PLAT NO. 1, SUBDIVISION "A", OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR; AS RECORDED IN PLAT BOOK 25, PAGE' 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85'32'15" EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 96.25 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06'15'15" WEST, DEPARTING SAID NORTHERLY LINE, A DISTANCE OF 99.84 FEET; THENCE NORTH 83°44'45" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH' 85'32'15" EAST, 65.00 FEET; THENCE SOUTH 06° 15' 15" EAST, A DISTANCE OF 100.15 FEET TO THE NORTHERLY LINE OF SAID CLUB MANOR; THENCE SOUTH 85°32' 15" WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN 12 FOOT EASEMENT FOR INGRESS AND EGRESS ALONG THE NORTH 12.00 FEET OF THE ABOVE DESCRIBED LANDS. gc�•7SS880 A'QV �< N84°44'45"E w 10.00' o� oCO FOUND 1/2" IRON PIPE NO I4)ENTIFICATION 1.0' ATLANTIC BEACH HOTEL RESERVATION PLAT BOOK 5, PAGE 6 (ALSO KNOWN AS SEAPLACE CONDOMINIUM) O.R.V. #5298, PAGE 125 �5.0a' FOUND 112" IRON .PIPE N85-32'1 59)E 1/2° IRON PIPE - NO IDENTIFICATION FOUND 1/2 FOUND IRON PIPE 6696 NO IDENTIFICATION 05 DURDEN L.B. 0.5' 75.00' 25.00' .5' 40.00' �12' EASEMENT FOR INGRESS AND EGRESS'" -- ��TrTlaia_ — 01� - 1 51 50' RIGHT-OF-WAY (TO BE DEMOLISUS HED) O o FRAME I - z �_ � —' DECK.. O C fn p D ,• 2 STORY � oiln RESIDENCE # 171 > oa o a n friZD Z II Q0 II ^^ V, I 7 ZONE "X" BY FLOOD MAP O REVISED APRIL 17, 1989, COMMUNITY PANEL NO. 120075 O 0001 D w4J.... 7.4 32.5' p I ....� ..__. ..... . (� 01 N J COVERED 'A p :0 RECORDS VOLUME CERTIFIED TO: '3RD STORY WOOD II. & STEPS 7 ,,... •nif \ .3 ma I //— DENOTES 6' WOOD FENCE EXCEPT AS NOTED O BALCONY ---- RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVEY THAT MAY BE (MEASURED) DUVAL COUNTY, FLORIDA. L + _._a_ O �" 61 I: 175.00' forth by ' O G N o D D Section 472.0 ida Stot' and 61817 7..5 I l 3i2'..... a nistration Cho + l .a tte oa I ^ aal L. 4 ... U Jacksonville, Florida 32211 CO 20.0 I FLORIDA REGISTERED SURVEYOR No. 4707- STORY CONCRETE BLOCK H. BRUCE DURDEN, Jr. N85'32'15"E `"- 96.25' N.T.S. 4 FOUND 1/2" IRON PIPE NO IDENTIFICATION POINT OFREFERENCE THE NORTHWEST F OE E 2 OF CLUB MANOR 50.00' _ 15" x '24" oVA FOUND 1/2" IRON PIPE FOUND 1// WATER METER 6696 NO IDENTIFICATION UND 1/2" IRON PIPE DURDEN L.B. FO NO IDENTIFICATION 8-85-3291511W 00' CLUB DRIVE co C7 n G� o C Fn 50' RIGHT-OF-WAY (TO BE DEMOLISUS HED) O o FRAME I - z �_ � —' ➢ O C fn p D N O'- 2 STORY � oiln RESIDENCE # 171 > oa o a n friZD Z -1 Q0 I 7 ZONE "X" BY FLOOD MAP FT REVISED APRIL 17, 1989, COMMUNITY PANEL NO. 120075 0001 D w4J.... 7.4 32.5' p I ....� ..__. ..... . (� .. > D N J COVERED 'A p :0 RECORDS VOLUME CERTIFIED TO: O O --X— DENOTES 6' VINYL FENCE EXCEPT AS NOTED ma I //— DENOTES 6' WOOD FENCE EXCEPT AS NOTED THERE MAY BE ADDITIONAL: RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVEY THAT MAY BE (MEASURED) DUVAL COUNTY, FLORIDA. 137.01' N.T,S: POINT OF BEGINNING �" ap I: 175.00' forth by ' O G N o D D Section 472.0 ida Stot' and 61817 IRON PIPE N85'32'15"E `"- 96.25' N.T.S. 4 FOUND 1/2" IRON PIPE NO IDENTIFICATION POINT OFREFERENCE THE NORTHWEST F OE E 2 OF CLUB MANOR 50.00' _ 15" x '24" oVA FOUND 1/2" IRON PIPE FOUND 1// WATER METER 6696 NO IDENTIFICATION UND 1/2" IRON PIPE DURDEN L.B. FO NO IDENTIFICATION 8-85-3291511W 00' CLUB DRIVE co C7 n G� o C Fn 50' RIGHT-OF-WAY APPROVED LXX OF ATLANTIC BEACH \ BUILDING OFFICE C Z a" I' APR 01 `2005 NOTES: By: THIS PROPERTY LIES IN FLOOD ZONE "X" BY FLOOD MAP REVISED APRIL 17, 1989, COMMUNITY PANEL NO. 120075 0001 D BEARINGS BASED ON THE NORTHERLY RIGHT-OF-WAY LINE OF CLUB DRIVE AS BEING N 85' 32' 15" E O.R.V. DENOTES OFFICIAL RECORDS VOLUME CERTIFIED TO: --X— DENOTES 6' VINYL FENCE EXCEPT AS NOTED BRIAN HUGHES //— DENOTES 6' WOOD FENCE EXCEPT AS NOTED THERE MAY BE ADDITIONAL: RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. I hereby certify that this survey meets the minimum technical standards as set forth by the Florida Board Land Su ors,' pursuant o D D Section 472.0 ida Stot' and 61817 Cha' r a nistration Cho SURVEYING AND MAPPING, INC. 8150 Lonestor Road Jacksonville, Florida 32211 (904) 724-5588 Fax 724-9154 FLORIDA REGISTERED SURVEYOR No. 4707- LICENSED BUSINESS NO. 6696 H. BRUCE DURDEN, Jr. SIGNED MARCH 1, 2005 SCALE: 1 " = 30' THIS B-5390 SURVEY NOT VALID UNLESS THIS PRINT IS EMBOSSED WITH THE SEAL OF THE ABOVE SIGNED. MAP SHOWING BOUNDARY SURVEY OF: A PART OF THE HOTEL RESERVATION AS SHOWN ON MAYPORT TERMINAL COMPANY'S MAP OF ATLANTIC BEACH AND RECORDED IN PLAT BOOK 5, PAGE 64, AND ALSO SHOWN ON PLAT NO. 1, SUBDIVISION "A OF ATLANTIC BEACH AS RECORDED IN PLAT BOOK 5, PAGE 69 OF THE CURRENT PUBLIC RECORDS" OF DUVAL COUNTY, FLORIDA, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF CLUB MANOR, AS RECORDED IN PLAT BOOK 25, AGE 62 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 85'32'15" EAST ALONG THE NORTH LINE OF SAID CLUB MANOR, A DISTANCE OF 146.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 85'32'15" EAST, ALONG SAID NORTH LINE A DISTANCE OF 100.00 FEET THENCE NORTH 06°15'15" WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 100.15 FEET; THENCE SOUTH 85'32'15" WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 06'15'15" EAST, A DISTANCE OF 100.15 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN 12 FOOT EASEMENT FOR "INGRESS AND EGRESS ALONG THE NORTH12.00 FE -T OF THE ABOVE DESCRIBED LANDS. FOUND 1/2" IRON PIPE NO IDENTIFICATION =4A Q0 00 00 D fr1 N J ATLANTIC BEACH HOTEL RESERVATION PLAT BOOK 5, PAGE 69 (ALSO KNOWN AS SEAPLACE CONDOMINIUM) O.R.V. #5298, PAGE 125 S85-32'1 5"\N 100.00' FOUND 112" IRON PIPE NBS'32'15"E NO IIDENTIFICATION _- _ _. — 40.00' N T 12' EASEMENT FOR INGRESS .AND EGRESS � 6 WIDE. 6' TALL WOOD WALL:. A/C PAD . 31 5' 8 CONCRETE BLOCK FOUND 1/2" IRON PIPE NO IDENTIFICATION; v , O O - Cq 0 0 TT N N 8" WIDE, 6' TALL < OT a; I VALL N METAL STORAGE � O -0 6'3' 0 � r1 in N C9 1 STORY CONCRETE BLOCK (,.1 < 5,7 16.7 RESIDENCE #151 2:7' ..� Q, a 2.7' w D "• O • z N 2.7' '' COVERED o n <21.8'a 12.7' IV n 0 a Z. n � -� G m m a ma em • a 6 WIDE. 6' TALL WOOD WALL:. A/C PAD . 31 5' 8 CONCRETE BLOCK FOUND 1/2" IRON PIPE NO IDENTIFICATION; 32.B O O - Cq 0 (TYPICAL) TT N N 8" WIDE, 6' TALL < C VALL J J O -0 I � 0 � r1 32.B 1,7' SQUARE O - CODUINA COLUMNS [ jj (TYPICAL) J N 8" WIDE, 6' TALL V: CONCRETE BLOCK WALL N.T:5. 50'00 o FOUND 1/2" IRON PIPE 96.25' N85'32'15"E 146.2 FOUND 1/2„ IRON PL E NO IDENTIFICATION POINT OF REFERENCE NO IDENTIFICATION 1 OO.00' THE NORTHWEST CORNER OF CLUB MANOR - A I Q 5� 32' 15"E PIAT BOOK 25, PAGE 62 POINT OF BEGINNING I V B NOTES: THIS PROPERTY LIES IN FLOOD ONE 'X" BY FLOOD MAP REVISED APRIL 17, 1989, COMM NITY PANEL NO. 120075 0001 D BEARINGS BASED ON THE NORT ERLY RIGHT-OF-WAY LINE OF CLUB DRIVE' AS BEING N 85' 3 15" E O.R.V. DENOTES OFFICIAL RECORDS VOLUME --X— DENOTES 6' VINYL FENCE EXCEPT AS NOTED —//— DENOTES 6' WOOD FENCE EXCEPT AS NOTED THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVEY THAT MAY BE FOUD IN THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. D U R D E N SURVEYING AND MAPPING, INC. 8150 Lonestar Road Jacksonville, Florida 32211 (904) 724-5588 Fax 724-9154 LICENSED BUSINESS NO. 6696 CLUB DRIVE 50' RIGHT—OF—WAY 137.01' A;.. CITY Of ATLANTIC BEACH BUILDING OFFICE C� APR 01 2005 By: CERTIFIED TO: ALLAN E. FROSIO REVISED MARCH 7, 2005 TO CORRECT BOUNDARY ONLY I hereby certify that this survey meets the minimum technical standards as set forth by the Florida Boarhs, Land eyors, pursuant to Section 472.027a St ut `iond Cha" er 61817 Floridatration , r wr�i�, rt r rutltNtu JURVt YUR No. 4707 H. BRUCE DURDEN, Jr. SIGNED JULY 21 2004 SCALE: 1 " = 30' THIS SURVEY NOT VALID UNLESS THIS PRINT IS EMBOSSED WITH THE SEAL OF THE ABOVE SIGNED, B-49.1