boa 2017-12 1507 s. fletcher avenue august 9, 2017

BOA 2017-12 1507 S. Fletcher Avenue August 9, 2017

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Case Number 2017-12

Meeting Date August 16, 2017

Owner/Applicant Rio Land & Investment Company, Inc. / Rogers Towers Attorneys at Law CO Jon Lasserre

Property Location: 1507 S. Fletcher Avenue

Parcel Number: 00-00-31-1460-0078-0000, 20-3N-29-0000-0040-0000, 20-3N-29-0000-0040-0010

Requested action:

VARIANCE from LDC Section 1.03.05(A) In order to maintain open space,

visual corridors, neighborhood character, property values and visual attractiveness of residential areas, wherever there may exist a single-family residence, a two-family residence building or any auxiliary buildings or structure, including but not limited to, swimming pools, or any other improvement which was heretofore constructed on property containing one or more platted lots or portions thereof (excluding walls or fences), such lots shall thereafter constitute one building site and shall be considered the “lot of record” and no permit shall be issued for the construction of more than one residence or two-family building on the site. All construction on the building site must comply with all existing zoning and density requirements.

Current zoning:

R-1

FLUM land use category: Low Density Residential

Existing uses on the site: Single Family House All required application materials have been received. All fees have been paid. All required notices have been made.

I. SUMMARY OF REQUEST AND BACKGROUND INFORMATION:

The applicant is seeking a variance to restore the two 72’ x 125’ westerly underlying lots of record. Although the two lots are mapped on the Property Appraiser’s website and have separate parcel identification numbers, the concrete foundation that is shown on the survey unifies the four parcels as one “lot of record” as described in LDC Section 1.03.05(A).

BOARD OF ADJUSTMENT STAFF REPORT


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II. CONSISTENCY WITH THE COMPREHENSIVE PLAN:

The following Comprehensive Plan statements are applicable in this case:

Policy 1.02.07 – The City shall implement the Fernandina Beach Comprehensive Plan in a manner that acknowledges private property rights.

Policy 1.02.10 – The City shall protect privacy and access to light, air, and open space. The City shall consider regulations such as building placement on a site, building design, and building orientation as one means to achieve this policy.

III. CONSISTENCY WITH THE LAND DEVELOPMENT CODE:

Variance procedures and criteria are set forth in sections 10.02.01 through 10.02.04.

Section 10.02.01(B) states that the BOA may authorize a variance from the design and improvement standards of the LDC, except for areas within the Historic District Overlay or the CRA Overlay, where requirements of Section 10.02.00 are met.

Section 10.02.02(B) states that the applicant for a variance has the burden of proof of demonstrating that the variance application complies with each of the requirements of Section 10.02.02(A).

Section 10.02.04 sets forth the application requirements. This application includes information necessary for the BOA to make the required findings.

Section 10.02.01(C) sets forth the limitations on the grant of a variance: 1. A variance shall not be granted which authorizes a use that is not permissible in the

zoning district in which the property subject to the variance is located. 2. A variance shall not be granted which authorizes any use or standard that is

prohibited by the City’s Comprehensive Plan. 3. No nonconforming use of adjacent lands, structures, or buildings in the same zoning

district, and no permitted use of land, structures, or buildings in other zoning districts, shall be considered grounds for the authorization of a variance.

4. A variance shall not change the requirements for concurrency. 5. A variance shall not be granted to permit the use of a single media peonia for the

construction of a dwelling unit. 6. A variance shall not be granted if the evidence submitted by an applicant is a

demonstration of financial hardship or economic considerations. 7. A variance shall not be granted for procedure or process components of this Land

Development Code. 8. A variance shall not be granted to deviate from LDC section 4.02.02 to combine two

(2) or more lots which would result in a lot width greater than 100 feet for lots or parcels that abut Ocean Avenue, North Fletcher Avenue, or South Fletcher Avenue.

Staff’s review of this application finds it is not subject to any of these limitations and can therefore be considered by the Board.


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In order for an application for a variance to be approved or approved with conditions, the BOA shall make a positive finding with regard to each of the following provisions: Consistent with Criteria?

All questions must be answered in the affirmative in order for staff to recommend approval of a variance. Negative answers must be addressed in the findings.

☒ Yes

☐ No

1. Special Conditions: Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Special conditions or circumstances do not result from actions of the applicant and are not based on a desire to reduce development costs.

Yes. Special conditions do exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. The “lot of record” created by the building that was constructed over the underlying lots makes this lot the largest R-1 zoned property on South Fletcher.

☒ Yes

☐ No

2. Special Privilege: Granting the variance does not confer upon the applicant a special privilege that is denied by the Land Development Code to other lands, structures, or buildings in the same zoning district.

Yes. Granting the variance does not confer upon the applicant a special privilege that is denied by the Land Development Code to other lands, structures, or buildings in the same zoning district. It will restore two underlying lots of record and allow for development in keeping with the character of the surrounding neighborhood.

☒ Yes

☐ No

3. Literal Interpretation: Literal interpretation of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.

Yes. Literal interpretation of the Land Development Code would not deprive the applicant of rights enjoyed by others properties in the same zoning district. It would be contrary to the LDC given the size structure that could be built on this “lot of record.” It would not promote the preservation of open space, visual corridors, and neighborhood character.

☒ Yes

☐ No

4. Minimum Variance: The variance requested is the minimum variance needed that will make possible the reasonable use of the land, structure, or building.

Yes. The variance requested is the minimum variance needed to make possible the reasonable use of the land and restore two underlying lots of record.


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☒ Yes

☐ No

5. General Harmony: Granting the variance will be in harmony with the general intent and purpose of the Land Development Code and Comprehensive Plan.

Yes. Granting the variance will be in harmony with the general intent and purpose of Land Development Code and Comprehensive Plan. It will restore the lot sizes that are in keeping with the surrounding properties.

☒ Yes

☐ No

6. Public Interest: Granting the variance is compatible with surrounding properties, will not cause injury to the area involved, or otherwise be detrimental to the public health, safety, welfare or environment.

Yes. Granting of a variance is compatible with surrounding properties, will not cause injury to the area involved, or otherwise be detrimental to the public health, safety, welfare or environment.

V. ANALYSIS:

The variance requested is consistent/inconsistent with the criteria for granting a variance as follows:

Consistent Inconsistent

1. Special Conditions X

2. Special Privilege X

3. Literal Interpretations X

4. Minimum Variance X

5. General Harmony X

6. Public Interest X

The applicant appears to meet all six criteria for granting a variance, therefore, staff has to recommend approval.

VI. MOTION TO CONSIDER:

I move to approve or deny BOA case number 2017-12; AND I move that the BOA make the following findings of fact and conclusions of law part of the record: That BOA case 2017-12, item, as presented, is or is not substantially compliant with the Comprehensive Plan and Land Development Code to warrant approval at this time.

Jacob M. Platt, Planner II Community Development Department

OFFICE USE ONLY

REC’D: ii i (‘LI BY:

____________

PAYMENT: $ 1,ci ‘ TYPE: C4APPLICATION 34: Ob 1CASE 34: Pxk -&1

— APPLICATION FOR VARIANCE FROM THE LDCBOARD MEETING DATE: l_o 1

APPLICANT INFORMATION

Owner Name: Rio Land & Investment Company, Inc.

Mailing Address: 1001 Piedmont Avenue, Suite 201, Atlanta, GA 30309

Telephone: (404) 874-6688 Fax: (404) 874-2179

______________________

Email: [email protected]

Agent Name: Jon Lasserre, Rogers Towers Attorneys at Law. Mailing Address: Rogers Towers Attorney at

Law. 9601 85 Gateway Blvd., Suite 203, Fernandina Beach, FL (Also see attached for additional Authorized

Agents, Walter R. Davis, Ill. Matt Quillen and Melissa Baker)

Telephone: (904) 753-1 840 Fax: (904) 346-0663

Email: [email protected]

PROPERTY INFORMATION

Street Address: 1 507 S. Fletcher Avenue Ferindina Beach, FL 32034

Parcel Identification Number(s): (3 Lots) 20-3N-29-0000-0040-0000, 20-3N-0000-0040-001 0 and 00-00-3 1 -

1460-0078-0000

Lot Number: 78, 79, 40, 41 Block Number: SECTION 20, TOWNSHIP 3 NORTH,RANGE 29 EAST

PROJECT INFORMATION

Variance(s) requested from LDC Section(s):1.03.05

Brief description of work proposed (use additional sheets if necessary):

Variance request to subdivide the two (2) western lots. Parcels Numbers 20-3N-29-0000-0040-0000 and 20-

3N-0000-0040-001 0. An existing slab/foundation spanned the property line for those lots. These physical

imlrovements will be removed.

City of Fernandina Beach Community Development Department 204 Ash Street Fernandina Beach, FL 32034P: 904.310.3135 F: 904.310.3460 www.fbfl.us/cdd

Revised February 1, 2017Page 3 of 7

In order for an application for a variance to be approved or approved with conditions, the BOA or the HDCmust make a positive finding with regard to each of the provisions below. The applicant has the burden of proofof demonstrating that the application for a variance complies with each of the requirements. Please explain indetail how your case meets the following requirements:

1. Special Conditions: Special conditions and circumstances exist which are peculiar to the land, structure, orbuilding involved and which are not applicable to other lands, structures, or buildings in the same zoningdistrict. Special conditions or circumstances do not result from actions of the applicant and are not basedon a desire to reduce development costs.

The sublect Property was originally platted to be four (4) separate Lots. An existing house structurecurrently spans the property line of the two (2) Eastern Lots fronting on S. Fletcher Ave.

We are requesting that the two (2) Western lots be separated to what was originally platted. Anexisting concrete foundation spans the property lines of these four (4) lots. This foundation will beremoved.

2. Special Privilege: Granting the variance does not confer upon the applicant a special privilege that isenied by the Land Development Code to other lands, structures, or buildings in the same zoning district.

The requested Variance shall return the property to existing platted Lots. This will be more in keepingwith the current character of the neighborhood.

3. Literal Interpretation: Literal interpretation of the provisions of the Land Development Code woulddeprive the applicant of rights commonly enjoyed by other properties in the same zoning district.

A decision against returning these lots as platted originally would deny the ability for the Owner tomaintain the existing neighborhood character and the scale of the existing residential structures.

4. Minimum Variance: The variance requested is the minimum variance needed that will make possible thereasonable use of the land, structure, or building.

City of Fernandina Beach Community Development Department• 204 Ash Street Ferncindina Beach, FL 32034P: 904.3 10.31 35 F: 904.310.3460 www.fbfl.us/cdd


6. Public Interest: Granting the variance is compatible with surrounding properties, will not cause injury tothe area involved1or otherwise be detrimental to the public health, safety, welfare or environment.

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fl If your property is located within the Historic Districts or the Community Redevelopment Area, please fill

out responses to the supplemental variance criteria, attached as Appendix A, on a separate sheet of paper.

SIGNATURE/NOTARY

The undersigned states the above information

)Date

STATE OF FLORIDAss

COUNTY OF NASSAU

Notary Public: Signotu e Printe Name

Personally Known /‘ OR Produced Identification

___________

ID Produced:

Phillip Hiden

FNotary PubIj0

Myn014/1/2018

City of Fernandina Beach Community Deve’opment Department. 204 Ash Street Femandina Beach, FL 32034P: 904.310.3135 F: 904.310.3460 www.fbfius/cdd


correct as (s)he is informed and believes.

ire of Applicant

t/_?zo%My Commission Expires

OWNER’S AUTHORIZATIONFOR AGENT REPRESENTATION

1 L I/WE R JEE L

(print name of property owner(s))

hereby authorize: L +1 D c(print name of agent)

to represent me/us in processing an application for:

_______________________________

(type of ippIication)

on our behalf. In authorizing the agent to represent me/us, I/we, as owner/owners, attest that the oppHccition ismade in g d faith and that any information contained in the application is accurate and complete.

(Signature f owner) (Signature of owner)

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______________

(Print name of owner) (Print name of owner)

STATE OF FLORIDAss

COUNTY OF NASSAU

Subscribed and sworn to before me this day of

________________

20j].

Notar)Public: Signature Printed Name My Commission Expires

Personally Known

__________

OR Produced Identification ID Produced:

Phillip HidenNotary Public

Fulton County, GeorgiaMy Comm. Exp. 4/1/2018

City of Fernandina Beach Community Development Deportment. 204 Ash Street Fernandina Beach, FL 32034P: 904.31 0.31 35 F: 904.310.3460 www.fbfl.us/cdd


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OWNER’S AUTHORIZATION

FOR AGENT REPRESENTATION

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on our behalf. In authorizing the agent to represent me/us, 1./we, as owner/owners, attest that the application ismade in g.od faith and that any information contained in the application is accurate and complete.

STATE OF FLORIDAss

COUNTY OF NASSAU

Subscribed and sworn to before me this day of

Notary P ic: Signature

Personally Known

__________

OR Produced Identification

___________



City of Fernandina Beach Community Development Deportment• 204 Ash Street Fernandina Beach, FL 32034P: 904.31 0.31 35 F: 904.310.3460 www.fbfLus/cdd


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on our behol . In authorizing the agent to represent me/us, I/we, as owner/owners, attest that the application ismyn a faith and that any information contained in the application is accurate and complete.

(Signature of owner) (Signature of owner)

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STATE OF FLORIDAss

COUNTY OF NASSAU

Subscribed and sworn to before me this L day of



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City of Fernandina Beach Community Development Deportment• 204 Ash Street Fernancilna Beach, FL 32034P: 904.310.3135 F: 904.310.3460 www.fbfl.us/cdd


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on our behalf. In authorizing the agent to represent me/us, I/we, as owner/owners, attest that the application ismade in good faith and that any information contained in the application is accurate and complete.

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STATE OF FLORIDAss

COUNTY OF NASSAU—.

Subscribed and sworn to before me this1 / day of ‘-‘3

Public: Sign7fure PrinteI Name

Personally Known

__________


____________


Fulton County, GeorgiaMy Comm. Exp. 4/112018

City of Fernandina Beach CommunTty Development Department 204 Ash Street Fernandina Beach, FL 32034P: 904.310.3135 F: 904.310.3460 www,fbfius/cdd


OWNER’S AUTHORIZATIONFOR AGENT REPRESENTATION

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APPENDIX AHISTORIC DISTRICT AND COMMUNITY REDEVELOPMENT AREA VARIANCE CRITERIA

In acting on variance requests in the Historic District Overlays or the Community Redevelopment Area Overlay,the Historic District Council (HDC) may take into account the following criteria in addition to the criteria filled outin the above application. Please provide responses, as applicable, on a separate sheet of paper.

A. That a variance is necessary to maintain the historic character of property through demonstrating that:1. A variance would not be contrary to the public interest, safety, or welfare.2. Special conditions and circumstances exist, because of the historic setting, location, nature, or

character of the land, structure, appurtenance, sign, or building involved, which are not applicable toother lands, structures, appurtenances, signs, or buildings in the same zoning district, which have notbeen designated as historic sites or a historic district nor listed on the Local Register of Historic Places.

3. Literal interpretation of the provisions of existing ordinances would alter the historic character of thehistoric district, or historic site to such an extent that it would not be feasible to preserve the historiccharacter, of the historic district or historic site.

4. The variance requested is the minimum necessary to preserve the historic character of a historic site orof a historic district.

5. In the case of the alteration of an existing building, the proposed design would incorporate materials,details, or other elements not permitted by the Land Development Code but which can bedocumented by photographs, architectural or archaeological research or other suitable evidence tohave been used on other buildings of a similar vintage and style in the Historic District in which thebuilding is located, provided that the prolect will not destroy significant architectural features on thebuilding.

6. In the case of new construction, the proposed design incorporates materials, details, setbacks, massingor other elements that are not permitted by the Land Development Code but which would enhance thequality of the design for the new building or structure, provided that said new building or structureotherwise complies with the criteria for new construction in the Historic District in which the building orstructure is proposed to be located and provided further that it would also have a beneficial effecton the historic character of the visually related area.

B. Or, as an alternative to subsection (A), that a variance is necessary to accommodate an appropriate adaptivereuse of a structure within a Historic District or upon a Historic Site through demonstrating that:

1. A variance would not be contrary to the public interest, safety, or welfare.2. The variance would not significantly diminish the historic character of the Historic District or Site.3. That the variance requested is the minimum necessary to effect the adaptive reuse of an existing

structure or site.4. The proposed design would incorporate materials, details, or other elements not permitted by the

Land Development Code but which can be documented by photographs, architectural orarchaeological research or other suitable evidence to have been used on other buildings of a similarvintage and style in the Historic District in which the building is located, provided that the project willnot destroy significant architectural features on the building.

City of Fernandina Beach Community Development Department. 204 Ash Street Fernanciina Beach, FL 32034P: 904.31 0.31 35 F: 904.310.3460 www.fbfl.us/cdd


—JL’L !? y-

LE1JASSOCIATES

14 July 2017

Mr. Jacob PlattPlanner/Community Development Dept. Fernandina Beach204 Ash StreetFernandina Beach, Florida 33034

Re: Variance Request 1507 S. Fletcher Ave.

Dear Mr. Platt:

Enclosed please find our application for a variance to sub-divide the lots on our property.As you know, we did this several years ago but were unaware of the issue of theslab/foundation area which span over the property line. We are requesting that the twowestern lots be sub-divided as they currently are on our tax bill. The existing concrete area inquestion will be removed. This request if granted, will re-establish the lots as shown on theoriginal plat for Fernandina Beach.

We are making this request because we believe that the smaller lots will maintain open space,visual corridors, neighborhood character and visual attractiveness for our property and thesurrounding residential lots.

If our request is not granted, it would allow for a huge structure of approximately 20,000 s.f.per level for three levels. This would not be in keeping with the current neighborhoodcharacter.

Once again, we are simply requesting to re-establish the original platted lots for this property.

Thank you very much for your assistance.

Sincerely,

RIO LAND AND INVESTMENT COMPANY, INC.

Walter R. Davis, IllPresident

01001 PIEDMONT AyE, SUITE 201, ATLANTA, GEORGLA 30309 TEL (404) 874-66880

ue# 200022130Book: 942Paqes: 1412 — 1414

THIS INSTRUMENT PREPARED BY: Fjleij&Recoi’de

I N. OXLEY JRMarshall E. Wood, P.A. t1.ERK OF CIRCUIT COURT303 Centre Street, Suite 100 NASSAU C04JNT11 R.ORIDAFernandina Beach, Florida 32034 DEED DOC STAW 4 3 150.00

$ 13.00IRUST FUND $

Marshall E. Wood, PA.303 Centre Street, Suite 100Fernaudina Beach, Florida 32034

RE PARCEL ID It: 20-3N-29.0000-0040-0000BUYER’S TIN:

/nc

.... ‘c::i

N’) WARRANTY DEED

THIS WAR DEED made this 24th day of July, 2000 by Connie C. HutetIer, a single pers on, hereinaftercalled Grantor, and whose address is Post Office Box 912, Taos, NM 87571 to Rio Land & Investment Company, Inc., aGeorgia Corporation, hereinafter called Grantee and whose address is 1001 Piedmont Avenue, Ste. 201, Atlanta, GA 30309.

(Wherever used herein the term “grantor” and “grantee” inchide all the parties to this instrument and theheirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.)

WITNESSETH:THAT the Grantor, for and in consideration of the sum of Ten and NO/100 Dollars and other valuable

considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveysand confirms unto the Grantee, all that certain land situate, lying and being in Nassau County, Florida, viz:

All that certain lot, piece or parcel of land situate, lying and being in the County of Nassau and Stateof Florida and being further described on Exhibit ‘A” attached hereto and marked Exhibit “A” and bythis reference made a part thereof as though set out in full and at length herein.

SUBJECT TO taxes accruing subsequent to December 31, 1999.SUBJECT TO covenants, restrictions and easements of record, if any; however, this reference thereto shall not

operate to reimpose same,TOGETHER with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise

appertaining.TO HAVE AND TO HOLD the same in fee simple forever,AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;

that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrantsthe title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is freeof all encumbrances.

IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first abovewritten.

Page 1 Form Software by Automated Real Estate Services, inc. 1$OO-33O-1295 00-4039

BoOk 942 pane 1413

Signed sealed and delivered in our presence:

C&o—(AD<Witness Signature

WANDA S. WEAVEWitness rmtecl S

i1flpWitness t’rmtei

STATE OF FLORIDACOUNTY OF NASSAU

The foregoing instrument was acknowledged before me this 24th day of July, 2000 by Connie C. Rufstetler, a single person.He/She is personally known to me— -has--odnced

_______________________________________________________

as identification,

Notay Public, State and Co Aforesaid

No ary Signature (‘lale or 1{an)

Notary it4 Signature

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(Senal 1o., it any)

Page 2 Form Software by Automated Real Estate Services, Inc. 1-800-330-1295 00-4039

Book 942 Page 1414

EXHIBIT “A”

All those certain lots, pieces or parcels of land situate, lyingand bein9 in Section Twenty (20), Township Three (3) North, RangeTwenty-nine (29) East, Fernaridina Beach, Nassau County, Floridaand being more particularly described as follows

Lots Seventy-eight (78) and Seventy-nine (79) of NIRAIIAR BEACHSUBDIVISION, as recorded in P1st Book 2, page 61 of the publicrecords of said Nassau County and Deed Book 130, page 493 of thepublic records of Nassau County, Florida

All that certain lot, or parcel of land, situate, lying and beingin the County of Nassau and State of Florida, more particularlydescribed as follows

BEGINNING at the Northwest corner of Lot Seventy-nine (79) ofSection One (1) of lliramar Beach, a subdivision of the Northeastportion of Section Twenty (20), Township Three (3) North, RangeTwenty-nine (29) East, as shown by plat recorded in Plat Book 2,page 61 in the office of the Clerk of the Circuit Court forNassau County, Florida, the property hereby described being alsoin said section; running thence Westerly in an extension of theNorthern line of said Lot Seventy-nine (79) a distance of OneHundred Twenty-five (125.0) feet; runninq thence Southerly in aline parallel with the Western boundary line of said Lot Seventy-nine (79) a distance of One Hundred Forty-four (144.0) feet;running thence in a straight line Easterly to the Southwestcorner of Lot Seventy-eight (78) according to said p1st; runninthence Northerly along the Western line of said Lot Seventy—eigh(78) and Seventy-nine (79) a distance of One Hundred Forty-four144.0) feet to the POINT OF BEGINNING.

I V 311 1111111111 111111111111 UI 1111111 III II III 11111

JNSTR # 2øø63Ø6&4OR BR 1435 PGS 1562—1564

STATE OF FLORIDA kLGORDED @8/8/214)6 i O 41 P11J (iNN fl. i.kWI (JIDCLERK 01 c:LRcuIT COURT

COUNTY OF NASSAU NiSS(4U COUNTY, FLORIDADOC ThX PD(F 32i2) 7L’JRECORDING FEES 27

THIS INDENTURE made and entered into on this 1St day of August 2006, by and

between RIO LAND & INVESTMENT COMPANY, INC., a Georgia corporation whose

address is 1001 Piedmont Avenue, Suite 201, Atlanta, Georgia 30309, hereinafter called

GRANTOR and RIO LAND & INVESTMENT COMPANY, INC., a Georgia corporation

whose address is 1001 Piedmont Avenue, Suite 201, Atlanta, Georgia 30309, hereinafter called

GRANTEE.

WITNESSETH:

That the said Grantor for and in consideration of the sum of Ten Dollars ($10.00) and

other good and valuable consideration to in hand paid by the Grantee, at and before the sealing

and delivery of these presents, the receipt whereof is hereby acknowledged, has granted,

bargained, sold and conveyed, and does by these presents grant, bargain, sell and convey unto the

said GRANTEE, the following described property, to-wit:

ALL of that certain lot, piece or parcel of land situate, lying and being in the State of Florida and

County of Nassau, described and identified in exhibit “A” attached hereto and made a part

hereof.

TO HAVE AND TO HOLD the said described and bargained premises and property with

all and singular the rights, members and appurtenances thereof, to the same being, belonging or

in anywise appertaining to the only proper use, benefit and behoof of the said GRANTEE, [N

FEE SIMPLE.

AND the said Grantor, her heirs and assigns, will warrant and forever defend unto the

said GRANTEE his heirs and assigns, the right and title to the property hereby conveyed against

the lawful claims of all persons claiming or to claim by, through or under Grantor.

IN WITNESS WHEREOF, the Grantor has signed, sealed and delivered these presents on

this the day and year first above written.

RIO LA EST NT COMPANY, INC.

BYt()

WALTER DAVIS

ITS: PRESIDENT

(CORPORATE SEAL)

Sworn to and subscribed before

m& this the 1st day of

August, 2006

Notary Public

Commission Expires (13/ Z C 1 0

Exhibit “A”

LEGAL DESCRIPTION

All that tract, lot or parcel of land situate, lying and being in Section Twenty (20), Township Three (3)North, Range Twenty-nine (29) East, Fernandina Beach, Nassau County, Florida, and further identifiedas part of Lot 40, and being more particularly described as follows:

BEGiNNING at the Northwest corner of Lot Seventy-eight (78) of Section One (1) of Miramar Beach, asubdivision of the Northeast portion of Section Twenty (20), Township Three (3) North, Range Twenty-nine (29) East, as shown by plat recorded in Plat Book 2, Page 61 in the office of the Clerk of (‘ircwt

Court for Nassau County, Florida, the property hereby described being also in said section; running

thence Westerly in an extension of the northern boundary line of said lot Seventy-eight (78) a distance ofOne Hundred Twenty-five (125.0) feet; running thence Southerly in a line parallel with the Westernboundary line of said Lot Seventy-eight (78) a distance of Seventy-two (72.0) feet; running thence in astraight line Easterly to the Southwest corner of Lot Seventy-eight (78) according to said plat; runningthence Northerly along the Western boundary line of said Lot Seventy-eight (78) a distance of Seventytwo (72.0) feet to the POINT OF BEGINNING.

Said Lot to contain 0.206 acres of land.

RIO LAND & INVESTMENT COMPANYINC1001 PIEDMONTAVE NE STE 201ATLANTA GA 30309-3799

BOARD OF COUNTY COMMISSIONERSGENERAL FUNDTRANSPORTATIONAl BEACH RENOURISHMENT MSTU

SCHOOL BOARDBASIC DISCRETIONARYCAPITAL OUTLAYSCHOOL BOARD LOCAL EFFORT

ST JOHNS RIVER MGMT DISTFL INLAND NAVIGATION DISTMOSQUITO CONTROL DISTRICTCITY OF FERNANDINA BEACH

FERNANDINA BEACHVOTER APPROVED DEBT

5.9768 ‘ 3074905902 307,4901021 - 307490 0 am

I”—L’— riw’ra_.7480 354,291

1.4000 354,2914.6460 : 354291

2885 307,490.0320 307,490 OV 1120161587 - .307,490 -

6.0682 307,490 ) ).2362 307,490

307,490307,490307490

354,291354,291354,291307,490307,490307,490

307,490307,490

JOHN MDREW,CFCTAX COLLCT0R, NASSAU COUNTY

2016

R

00-00-31-1460-0078-0000

NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTSPay online @ www.nassautaxes,com

REAL ESTATE

MILLAGE CODE ESCROW CODE

8159 j 002

(

_____________

)Legal Description

1507 FLETCHER SFERNANDINA BEACH 32034

LOTS 7879 PT OR 942/1412 MIRAMAR BEACH PB 2/61

AD VALOREM TAXESTAXING MILLAGE ASSESSED EXEMPTION TAXABLE TAXES

AUTHORITY RATE VALUE AMOUNT VALUE LEVIED

1,837.81181.4831,39

265.01496.01

1,646.0488.71

9.8448.80

1,865.9172,63

LEVYING AUTHORITY RATE AMOUNT

TOTAL MILLAGE 20.2467 TOTAL AD VALOREM TAXES $6,543.63

I NON-AD VALOREM ASSESSMENTS

!*J. .Sign up to get bifls by

e-mail! TOTAL NON-AD VALOREM ASSESSMENTS $.00 Scan toview bill

www.nassautaXes.com ( TOTAL COMBINED TAXES AND ASSESSMENTS $6543.63] online

‘if Paid By-. Nov 30, 2016 LDeC 31, 2óifJan 31, 2017 Feb28, 2017 Mar 31, 201!jPlease Pay.. 6,28t88 6,34732 6,412J6 6,47&19 6,543J

JOHN M. DREW, CFCNASSAU COUNTY TAX COLLECTOR

NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS

ACCOUNT NUMBER TAX YEAR f TYPE ALT KEY MILLAGE CODE J ESCROW

I 00-00-31-1460-0078-0000 2016 REAL ESTATE I 8159 I 002

RIO LAND & INVESTMENT COMPANY 1507 FLETCHER SINC1001 PIEDMONT AV STE 201 LOTS 78 79ATLANTA, GA 30309 PT OR 942/1412

MIRAMAR BEACH PB 2/61

ADVALOREMTAI(FS

TAXING AUTHORITY MILLAGE RATE ASSESSED VALUE EXEMPTION AMOUNT TAXABLE VALUE TAXES LEVIED

BOARD OF COUNTY COMMISSIONERSGENERAL FUND 5.9768 307,490 0 307,490 1,837.81TRANSPORTATION 0.5902 307,490 0 307,490 181.48Al BEACH RENOURISHMENTMSTU 0.1021 307,490 0 307,490 31.39

SCHOOL BOARDBASIC DISCRETIONARY 0.7480 354,291 0 354,291 265.01CAPITAL OUTLAY 1.4000 354,291 0 354,291 496.01SCHOOL BOARD LOCAL EFFORT 4.6460 354,291 0 354,291 1,646.04

ST JOHNS RIVER MGMT DIST 0.2885 307,490 0 307,490 88.71FL INLAND NAVIGATION DIST 0.0320 307,490 0 307,490 9.84MOSQUITO CONTROL DISTRICT 0.1587 307,490 0 307,490 48.80CITY OF FERNANDINA BEACH

FERNANDINA BEACH 6.0682 307,490 0 307,490 1,865.91VOTER APPROVED DEBT 0.2362 307,490 0 307,490 72.63

TOTAL MILLAGE 20.2467 AD VALOREM TAXES I $6,543.63

NONAflVAI (1RPM ARPRcMFNTc

LEWING AUTHORITY RATE AMOUNT

NON-AD VALOREM ASSESSMENTS I $0.00

(MBINED TAXES AND ASSESSMENTS I $6,543.63 D(if Paid By Nov 30, 2016

L Please Pay $0.00

JOHN M. DREW, CFC NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS

NASSAU COUNTY TAX COLLECTORi’IIIei4€i].]

00-00-3I-I460-0078-0000 2016 REAL ESTATE I 8159 I 002

RIO LAND & INVESTMENT COMPANY 1507 FLETCHER S

INC1001 PIEDMONT AV STE 201 LOTS 78 79

ATLANTA, GA 30309 PT OR 942/1412MIRAMAR BEACH PB 2/61

PLEASE PAY IN U.S. FUNDS TO JOHN M. DREW, CFC TAX COLLECTOR -86130 LICENSE ROAD. FERNANDINA BEACH FL 32034, OR ONLINE AT WWW.NASSAUTAXES.COM

‘iiidBy Nov3O,2016

LPlease Pay $0.00

Paid 11/18/2016 Receipt# HSI-16-00018772 $6,281.88 Paid By On File

IIIHI IIlII III lI III III II

JOHN M. DREW, CFCTAX COLLECTOR, NASSAU COUNTY

NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTSPay online @ wwwnassautaxescom





5.9768 67,5005902 67,500.1021 67,500

.7480 67,5001.4000 67,50046460 67500

.2885 67,500

.0320 . 67,5001587 ‘ 67,500

6.0682 67,500.2362 67.500

2016 20-3N-29-0000-0040-0000

R

, -

MB 112016RIO LAND & INVESTMENT CO INC1001 PIEDMONT AVE NE STE 201 4J i s

_____

ATLANTA GA 30309-3799

____________

11,1111111 IHI I Bli I liii! iji Iii illili liii IPhI Iii liii 1111111 I B

REAL ESTATE 33312 002 J

I

Legal Description


PT OR 942/1412 EX 40-1



67,50067,50067,500

67,50067,50067,50067,50067,50067,500

67,50067,500

403.4339.84

6.89

50.4994.50

31 3.6119.472.16

10.71

409.6015.94

LEVYING AUTHORITY RATE

________

AMOUNT


‘ \ ( NON-AD VALOREM ASSESSMENTS1c+2,LE-1iIJ

Sign up to get bills by

e-mail!

www.nassautaxes.com (TAL COMBINED TAXES AND ASSESSMENTS $1,366.64

[WPaid By — Nov 30, 2016 Dec 31, 2016 Jan 31, 2017 Feb 28, 2017 Mar 31, 2017

Pease Pay 1,311.97 1,325.64 1,339.31 1,352.97 1,366.64

I 20-3N-29-0000-0040-0000 I 2016 I REAL ESTATE I

RIO LAND & INVESTMENT CO INC 1507 FLETCHER S1001 PIEDMONT AV STE 201ATLANTA, GA 30309 PT OR 942/1412

EX 40-1

,,- fl WAI ñPF.M TY

TAXING AUTHORITY MILLAGE RATE ASSESSED VALUE EXEMPTION AMOUNT TAXABLE VALUE TAXES LEViED

BOARD OF COUNTY COMMISSIONERSGENERAL FUND 5.9768 67,500 0 67,500 403.43TRANSPORTATION 0.5902 67,500 0 67,500 39.84Al BEACH RENOURISHMENT MSTU 0.102 1 67,500 0 67,500 6.89

SCHOOL BOARDBASIC DISCRETIONARY 0.7480 67,500 0 67,500 50.49CAPITAL OUTLAY 1.4000 67,500 0 67,500 94.50SCHOOL BOARD LOCAL EFFORT 4.6460 67,500 0 67,500 313.61


FERNANDINA BEACH 6.0682 67,500 0 67,500 409.60VOTER APPROVED DEBT 0.2362 67,500 0 67,500 15.94

TOTAL MILLAGE 20.2467 AD VALOREM TAXES $1,366.64

MflM..Afl Ufli flprRA ACCCCCKIrMTQrLEVYING AUTHORITY RATE AMOUNT


CCOMBINED TAXES AND ASSESSMENTS I $1,366.64 DIf Paid By Nov 30, 2016

Please Pay $0.00

JOHN IVI. DREW, CFC NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS

NASSAU COUNTY TAX COLLECTOR

[

TYPE

I 20-3N-29-0000-0040-0000 2016 I REAL ESTATE I 33312 I 002

RIO LAND & INVESTMENT CO INC 1507 FLETCHER S

1001 PIEDMONT AV STE 201H ATLANTA, GA 30309 PT OR 942/1412

EX4O-1H

PLEASE PAY IN U.S. FUNDS TO JOHN M. DREW, CFC TAX COLLECTOR -86130 LICENSE ROAD. FERNANDINA BEACH FL 32034, OR ONLINE AT WWW.NASSAUTAXES.COM

IfPaid By Nov 30, 2016

Please Pay $0.00IPaid 11/18/2016 Receipt# HSI-16-00018768 $1,311.97 Paid By On File

IIIllI II II II II lll IJ II


NASSAU COUNTY TAX COLLECTOR

ACCOUNT NUMBER TAX YEAR TYPE ALT KEY MILLAGE CODE j ESCROW

33312 002

RIO LAND & INVESTMENT CO INC1001 PIEDMONT AV STE 201ATLANTA, GA 30309





5.9768 675005902 675001021 67500

7480 67,5001.4000 67,5004 6460 -,.67,500

.2885 67,5000320 ‘ 67,5001587 67,500

6.0682 67,500.2362 67,500

JOHN M. DREW, CFCTAX COLLECTOR, NASSAU COUNTY

R

2016 20-3N-29-0000-0040-O010

NOTICE OFAD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTSPay online @ wwwnassautaxescom

TAX YEAR ACCOUNT NUMBER TYPE ALT KEY MILLAGE CODE ESCROW CODE

LESTATE 33313

Leaal Descnntion

002


IN OR 1435/1 562

j

(

kV 112016

57



67,50067,50067,500

67,50067,50067,50067,50067,50067,500

67,50067,500

403.4339.84

6.89

50.4994.50

313.6119,472.16

10.71

409.6015.94

LEVYING AUTHORITY RATE AMOUNT


. ( NON-AD VALORFM ASSESSMENTS

.....

:EBILL.

Sign up to get bills bye-mail! TOTAL NON-AD VALOREM ASSESSMENTS $.00 Scan to

view bIllwww.nassautaxesom ( TOTAL COMBINED TAXES AND ASSESSMENTS $1,366.6J online

ifPaidBy — Nov3O2016 Dec3l,2016 Jan3l2017 Feb28,2017 Mar3l,2017

1,311.97 1,325.64 1,33931 1,352.97 1,366.64J

JOHN M DREW, CFCNASSAU COUNTY TAX COLLECTOR

NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS

002

Afl IAI OPFM TAYP

TAXING AUTHORITY MILLAGE RATE ASSESSED VALUE EXEMPTION AMOUNT TAXABLE VALUE TAXES LEVIED

BOARD OF COUNTY COMMISSIONERSGENERAL FUND 5.9768 67,500 0 67,500 403.43TRANSPORTATION 0.5902 67,500 0 67,500 39.84Al BEACH RENOURISHMENT MSTU 0.102 1 67,500 0 67,500 6.89

SCHOOL BOARDBASIC DISCRETIONARY 0.7480 67,500 0 67,500 50.49CAPITAL OUTLAY 1.4000 67,500 0 67,500 94.50SCHOOL BOARD LOCAL EFFORT 4.6460 67,500 0 67,500 313.61


FERNANDINA BEACH 6.0682 67,500 0 67,500 409.60VOTER APPROVED DEBT 0.2362 67,500 0 67,500 15.94

TOTAL MILLAGE 20.2467 AD VALOREM TAXES $1,366.64

KIflMAfl IAI flflCII ACCCQCIACMTC

LEWING AUTHORITY RATE AMOUNT

Receipt# HSI-16-00018765 $1,311.97 Paid By On File

)

IIIIMI U Hil II II IHIII U UI 11IM III III II

I 20-3N-29-0000-0040-00I0 I 2016 I REAL ESTATE IACCOUNT NUMBER TAX YEAR TYPE ALT KEY j MILLAGE CODE

33313


1001 PIEDMONT AV STE 201ATLANTA,GA 30309 1N0R1435/1562


QCOMBINEDTAXESANDASSESSMENTS $1,366.64 =

IfPaidBy Nov3O,2016

LPlease Pay $0.00


NASSAU COUNTY TAX COLLECTORI’jI

I 20-3N-29-0000-0040-00I0 I 2016 I REAL ESTATE I 33313 I 002


1001 PIEDMONT AV STE 201E ATLANTA,GA 30309 1NOR1435/1562

H

PLEASE PAY IN US. FUNDS TO JOHN M. DREW, CFC TAX COLLECTOR -86130 LICENSE ROAD, FERNANDNA BEACH FL 32034 - OR ONLINE AT WWW.NASSAUTAXES.COM

IfPaidBy Nov3O,2016

Please Pay $0.00IPaid 11/18/2016

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)MANZJE & DRAKE LAND URVEY1NG

LEGAL DESCRIPTION

ALL THOSE CERTAiN LOTS, PIECES OR PARCELS OF LAND SiTUATE, LYING AND BEING INSECTION 20, TOWNSHIP 3 NORTH RANGE 29 EAST, FERNANDINA BEACH, NASSAUCOUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOTS 78 AND 79 OF MIRAMAR BEACH SUBDIVISION AS RECORDED iN PLAT BOOK 2, PAGE61 OF THE PUBLIC RECORDS OF SAID NASSAU COUNTY AND DEED BOOK 130, PAGE 493 OFTHE PUBLIC RECORDS OF NASSAU COUNTY, FLORIDA.

ALL THAT CERTAIN LOT, OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THECOUNTY OF NASSAU AND STATE OF FLORIDA, MORE PARTICULARLY DESCRIBED ASFOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF LOT 79 OF SECTION ONE OF M]RAMARBEACH, A SUBDIVISION OF THE NORTHEAST PORTION OF SECTIN 20, TOWNSHIP 3 NORTH,RANGE 29 EAST AS SHOWN BY PLAT RECORDED IN PLAT BOOK 2, PAGE 61 IN THE OFFICEOF THE CLERK OF THE CIRCUIT COURT FOR NASSAU COUNTY, FLORIDA, THE PROPERTYHEREBY DESCRIBED BEING ALSO IN SAID SECTION; RUNNING THENCE WESTERLY IN ANEXTENSION OF THE NORTHERN LINE OF SAID LOT 79 A DISTANCE OF 125.00 FEETRUNNING THENCE SOUTHERLY IN A LINE PARALLEL WITH THE WESTERN BOUNDARYLINE OF SAID LOT 79 A DISTNACE OF 144.00 FEET RUNNING THENCE IN A STRAIGHT LiNEEASTERLY TO THE SOUTHWEST CORNER OF LOT 78 ACCORDING TO SAID PLAT RUNNINGTHENCE NORTHERLY ALONG THE WESTERN LINE OF SAID LOT 78 AND 79 A DISTANCE OF144.00 FEET, TO THE POINT OF BEGINNING.

MICHAEL A. MANZIEFLORIDA REGISTRATION NO. 4069MANZIE & DRAKE LAND SURVEYING

Michael A. Manzie, P.L.S. ‘Vernon N. Drake, P.S.M. • Kenneth N, Drake, P.S.M. ‘Frank L. Bowen, P.S.M.

1853 Soum 8m STREET, Suim 1, FERNANDINA BEACH, FL 32034 OFFICE (904) 4915700 ‘FAX (904) 491-5777

boa 2017-12 1507 s. fletcher avenue august 9, 2017

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