R10-102
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1 RESOLUTION NO. RIO-/bJ-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND ALEXANDRE NORMIL;
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 1199 South Ridge Road, Lantana, Florida (PCN: 00-
14 43-45-09-08-000-1141); and
15 WHEREAS, the parcel covered by this agreement includes a single family home
16 located in the unincorporated Palm Beach County; and
17 WHEREAS, water service has been designated between the county and the various
18 local utilities; and
19 WHEREAS, a water distribution main has recently been completed on this street,
20 allowing for the service to this parcel. No additional construction will be required by the City
21 to serve this property
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
'y being true and correct and are hereby made a specific part of this Resolution upon adoption
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26 hereof.
27 Section 2. The City Commission hereby authorizes and directs the City Manager
28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
S \C^\RES(J\AgrccmentsIWater ServlcelReso -Nonml Water Scrvicc Agreement.doc
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1 Alexandre Normil, a copy of said Agreement is attached hereto as Exhibit "A".
2 Section 3. This Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this Jut day of August, 2010.
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7 CITY OF BOYNTON BEACH, FLORIDA
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24 ATTEST:
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AGREEMENT FOR WATER SERVICE OUTSIDE CITY LIMITS ' ,....-
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This Agreement, made on this ~dpy.pK June , 20 lQ, by and between: CD t-':i.
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Alexandre Normil , hereinafter called the "OWNER(S)," r-" .._i
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THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, ::::) ~J~i
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hereinafter called the "CITY." -'0 (J
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WITNESSETH, the City and the Owner(s), in consideration of the mutual covenants F:! ):,
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exchanged herein, agree as following: ''';1 i
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1. Owner(s) represents and covenants that it owns the following described real property t:~;
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(hereinafter "Property") located outside the boundaries of the City, but in the City's water 'YI
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and wastewater service area: .' ,
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2. The City agrees to provide Owner(stwith '>\Vater services from the City water system only i.'''
as necessary to service the Property. . .
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3. Owner(s) shall not use or supply water it receives from the City to service or benefit any :....-r
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property other than the Property described in paragraph 1 above, unless written !~.:j.
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permission is granted by the City of Boynton Beach. .~_.\.
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4. The Property requires .LL(specify number) Equivalent Residential Connection(s). 1..;.)'
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5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, and .,.,..,
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inspection of the facilities as required by the City Code to provide service to the :.0
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Owner(s)'s premises. 1'--'"
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6. The Owner(s) shall be responsible for installation and conformance with all applicable '~'.l
codes, rules, and regulations of all service lines upon the Owner(s)'s premises and all such ..;:..
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lines shall first be approved by the Director of Utilities and subject to inspection by the -.,.
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City Engineers. _._1_
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7. The City shall have the option of eithyr requiring the Owner(s) to use a licensed
contractor to perform the necessary ~ork:.or~the City may have the work performed in
which case the Owner(s) will pay in advance all estimated costs thereof. In the event the
City has such work performed, the Owner(s) will also advance to the City such additional
funds as may be necessary to p"x tp\1jtbial<l:ct'!lal costs of providing the work.
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8. Any 'water main extension made under the Agreement shall be used only for the
Owner(s), unless written permission is granted by the City of Boynton Beach for other
party or parties to connect pursuant to the Code of Boynton Beach.
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9. Ownership and title to all mains, extensions, and other facilities extended from the City
Water Distribution System to and including the metered service to Owner(s) shall be
vested in the City exclusively. ) : ~ ~ '
10. The Owner( s) agrees to pay all charges, deposits, and rates for service and equipment in
connection with water service outsIcle''f~e City limits applicable under City Ordinances
and rate schedules which are nQ.yV.tippH~able or as may be changed from time to time.
11. Owner(s) shall pay a twenty-five percent (25%) surcharge on all water use charges to the
Property.
12. Any rights-of-way or easements needed by the City to provide water to the Property shall
be provided by the Owner(s) and at the Owner(s)'s expense.
13. It is understood by the Owner(s), and shall be binding upon the Owner(s), his transferees,
grantees, heirs, successors, and assigns, that all water to be furnished, supplied, and sold
under this Agreement is made available from surplus. If the surplus does not exist at the
time of Owner(s)'s actual request for commencement of service, as determined by the
City's Director of Utilities, then this CITY, without liability, may refuse to initiate service
to the subject premises.
14. The Owner(s) further agrees in considerarion of the privilege of receiving water service
from said City, that the execution of thl.s, Agreement is considered to be a voluntary
Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any
successor or amendment thereto. F.~hwmore, should any other general law, special act,
or local law be enacted whic~ ;Pl~y,if{l~s: .for voluntary or consensual annexation, this
Agreement shall also be consjdered a request by the Owner(s) for annexation under such
other laws. The Property shall be subject to annexation at the option of the City at any
time they are eligible under anyone or more of the above-referenced laws concerning
annexation. Owner( s) will inform any and all purchasers of any or part of this property of
this voluntary petition for annexation and its applicabilities to such purchasers.
15. The Owner( s) acknowledges that this covenant for annexation is intended to be and is
hereby made a covenant running with the lanq described in "Exhibit A," attached hereto
and made a part hereof. This Agreement is to be recorded in the Public Records of Palm
Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs,
or assigns of Owner( s) shall be bound by this Annexation Agreement.
16. It is agreed that the City shall have no liability in the event there is a reduction,
impairment, or termination in water service to be provided under this Agreement due to
any prohibitions, restrictions, limitations, or requirements of local, regional, state, or
federal agencies or other agencies having dur\~4iction over such matters. Also, the City
shall have no liability in the event there is a reduction, impairment or termination of water
service due to acts of God, accident~~~~ik~s, boycotts, blackouts, fire, earthquakes, other
casualties, or other circumstanc~s 19l~e,a~' the City's reasonable control.
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17. The Owner(s) hereby agrees to indemnify, defend and hold harmless the City of Boynton
Beach, Florida, its Mayor, Members of City Commission, officers, employees, and agents
(both in their individual and official capacities) from and against all claims, damages, law
suits and expenses including reasonable attorneys' fees (whether or not incurred on appeal
or in connection with post-judgment collection) and costs rising out of or resulting from
the Owner(s)'s obligation under or perfonpag,ae pursuant to this Agreement, including
disputes for breach of warranty of titl~. \
18. It is understood by Owner(s) and,.;QtJ~ ~ity that the ~ttached site plan "Exhibit B" has
been reviewed by the City. 'qf"'1'fb~nt9~ Beach for compatibility with the City's
comprehensive plan as it relates to land use and density, found to be generally acceptable
to the City and is to be the guide for development of this subject land. In the event that
the site plan is not approved, there shall be no commitment on the part of the City to
serve Owner(s) if a subsequent site plan results in a change in land use, density or an
increase in equivalent residential connections.
19. No prior or present agreements or representations shall be binding on any of the parties
hereto unless incorporated in this Agreement. No modifications or change in this
Agreement shall be valid upon the parties unless in writing executed by the parties to be
bound thereby.
20. The Owner(s) warrants to the City that Owner(s) holds legal and beneficial title to the
property which is the subject of this Agreement.
21. In the event of a sale of the property by P'Ye~r( s), Owner( s) agrees to provide written
notice of the existence of this Agrt(ement to" the buyer of the property prior to or in
conjunction with the closing of the sale transaction.
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SIGNA\f1'{Jik~~:(m FOLLOWS
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY l.,IMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
RLex ~t\l ~'~G" ~o~M I L (INSERT NAME)
IN WITNESS WHEREOF, the ~arties hereto have set their hands and seals this n+11
day of :ru.n~ , 20~.
WITNESS as to Owners: INDIVIDUAL(S) AS OWNER(S):
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~ess Sig ture, '
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Printed Owner Name
PrInted Witnes Name
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Witnesj Signature
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Printed Witness Name
Witness Signature Owner Signature
Printed Witness Name Printed Owner Name
Witness Signature
Printed Witness Name
FOR OWNER(S) NOTARIZATION:
ST A TE OF Elo.t.LdL )
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COUNTY OF VO 1m f:vilC
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid dn~ in the County aforesaid to take acknowledgments, pers~nall~ appeared
lll~a.vl T~ ~(') (rYl ,I to me known to be the person(s) descrIbed In and who
executed the foregoing instrument that he/she acknowledged before me that.~/she executed the
same; that the individua,1 was personally known to me or provided the following proof of
identification: r:L 1}L '. .
, W!TNESS my hand and official seal in the County and State last aforesaid this 1i ~ day of
:;rU n'f 20Jrh --
tiUTMY l'dBLI .! E OF FLOPJDA
,...."....., Catllerlne Cho.ry.Gube_ 'J..4
(Notary Seal) [ ~Commission #DD792144 1 . . ' . .!.
,.M, E'pire" MAy 27 2012 ( (lii J j n 1"VJ2 l!)J liJU~ tLt0'jWrM1
My Commission e:f)~THRU^TLAN'l'1CllONDlN"~O"lNC, Notary Public
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AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
Alexandre Normil (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Floridil: muI?ticipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
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City Attorney
STATE OF FLORIDA )
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COUNTY OF PALM BEACH)
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, City Manager of the City named in the foregoing agreement
and that he acknowledged executing same and voluntarily under authority duly vested in him by
said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true
corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,20 -
(Notary Seal)
Notary Public
My commission expires:
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THIS INSTRUMENT PREPARED BY
James A. Cherot, Esquire
Goren. Cherot, Doody and Ezro!. PA
3099 East Commercial Blvd,
Suite 200
Ft. Lauderdale, FL 33308
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IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF PALM BEACH . ,
,
I/We, Alexandre N ormil , hereinafter "Grantee" , hereby make,
constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney
in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on
behalf of Grantee the power to initiate, maintl:J,in, and complete a voluntary petition for
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annexation of the real property described herein into the CITY OF BOYNTON BEACH. This
power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on
Grantee's behalf to accomplish annexation by any available means. The real property which is
the subject of this power is described as follows:
PCN No.: 00-43-45-09-08-000-1141
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be In full force and effect on the day of
, 20_ and the powers and authority shall be irrevocable by Grantee.
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IN WITNESS WHEREOF, we have hereunto set.our hands and seals the I'I~ay of
, in the year 20#.
, Sealed and delivered in the presence of
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W~ness Signature 6wner Si ature
/ Jean\R Rodnez i, Alexan re NormIl
Print ~.ame n Print Name
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Wi)!eSS~ignature j' " \. , . .
. 'l-ep A 4 I'J f r' ' /, /<;:1fTAJ
Print Name
Witness Signature Owner Signature
Print Name Ptint'Name
Witness
Print Name
STATE OF FLORIDA )
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COUNTY OF PALM BEACH) "
~ THE FOREGOING INSTRUMENT was acknowledged before me this (I'"""aay of
~' 20/t-/, by'" lllzYIt-/v'!),{[ j!,~~IItI?- and
~. 'teL 5- L/c, , who are known to me or who have produced
, as identification who did/did not t~e "f oath.
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BONDED THRu ATLANTIC BONDING co,. me.
Commission No. .:/)2/ 1.:lCi/-.3
My Commission Expires: I /
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1I5/38/2M3 16:55:32 2MJ8316139
OR 8K l~ P6 l~
Pal. Beach County, F]o~ida
AI'IT 85,500.90
Doc Sta.p 598.59
Prepared by and return to:
William R. Merkle
Attorney at Law
William R. Merkle, P.A.
1901 S. Congress A venue Suite 120
Boynton Beach, FL 33426-6549
561.732.2626 c:::\
File Number: 13]59-)~
Will Call No.~/,<,/';)\
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\i~:~;::~~~,; Warranty Deed
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This Warranty D~j~ade t~ 29th day of MaY;1.2003 between Deborah Howard, II single woman, and Jesse
Gonzalez and Carmen M._~~ 1m wife whose post office address is 2659 Cambridge Road, LaDlana, FL 33462.
~:::~~~: and Alexandre NO~~l:le man whose post office address is 1199 S. RkIIe Road. Lake Worth, FL 33462.
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(Whenever used herein the terms "grantOf" a~~'llTanteeh include all the parties to this instrument and the heirs. legal rep~entatives, anc! assigns of
inwviduab. and the: successors and asslgn~~iOlls. trusts and trustees)
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Witnesseth, that said grantor, for ~i~~'b,nsideflltion of the sum of TEN AND NO/tOO DOllARS ($10.00) and oUter
good and valuable considerations to sa~ra:,ataUp hand paid by said grantee. the receipt whereof is hereby acknowledged,
has granted. bargained, and sold to the si~:&Fatfiee, and grantcc's heirs and assigns forever, the following described land,
Situate, lying and being in Palm Beach Cotuity, Florida to-wit:
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The West 20 feet 01 Lot 114 and alI..~~j)l1S, RIDGE GROVE, according to the Plat thenofoD file
in the Office of the Clerk of the Ci~ Court in and for Palm Beach County, Florida, recorded in
Plat Book 22. Page 8; said lands situate, ~!1d being in Palm BeachCoUDly, Florida.
Parcel ldeotU1cation Number: OO-43-4S-~1141
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Together with all the tenements, hereditaments and appurte~~'th.~to belonging or in anywise appertaining.
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To Have and to Hold, the same in fee simPle forevcr. \},./>:~~,~:, ':
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And thc grantor ~ereby covenants wjt~ said gran!'R~s~i4.th~'{il~~);~~IIY Seized of said land in fee simpl~; that t~e
grantor has good nght and lawful authonty to selt~nd convey sat~ ',aIfd; ~)the grantor hereby fully warrants the tttle to saId
land and will defend the same against the lawful claims of alt ~~o~oeYer; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31,2002.\ ( )..::/
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In Witness Whereof, grantor has hereunto set grantor's hand and seal tB'e d~y.~~ year first above written.
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, .,.... Dorothy H. Wi lken, Clerk
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Signed, sealed and delivered in our presence:
(Sea])
@:~~ (Seal)
?rme: C-.-'>n. ~r ~~I)
Carmen M. Gonzalez
Witness Name:
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State of Honda \" /./
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County of Palm Beach "/".., ....--
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The foregoing instrument was ackllOw~'~e me this 29th day of May, 2003 by Deborah Howard, Jesse Gonzalez and
Carmen M. Gonzalez, who U are person~f~ or [Xl have produced a driver's license as identification.
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INotary Seal] \~) NOLir1'Pub' C'
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~'~ Willam R.. ~rlde '/~/',,::."") My Commission Expires:
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. ,;) MY COMMlSSlOH # CCS58!l2 ElrnR , \ ~'" './h
!.' November 1 50 200~ '--':', <_?,
IlONlED 1IW TIlOY FAIN INSI.llI'Htf.lNC \(c . ,:," ::"
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Warranty Deed, Page 2 DoubleTlm..
Structural Detail Page 1 of I
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Owner Name: NORMIL ALEXANDRE
PCN Number: 00-43-45-09-08-000-1141
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1
Structural Element for Building 1
Subarea and Sq. Footage for Building 1
I.Ext erior Wall 1 WOOD SIDING No. Code Description Sq. Footage
2. Year Built 1949 1. BAS BASE AREA 692
3.A ir Condition Desc. HTG & AC SFB SEMI FINISHED
4. Heat Type FORCED AIR DUCT 2. BASE AREA 187
5.H eat Fuel ELECTRIC 3. SFB SEMI FINISHED 440
6. Bed Rooms 3 BASE AREA
7.Ful I Baths 1 4. UCP UNFINISHED 192
CARPORT
8. Half Baths 0
9.Ext erior Wall 2 N/A 5. FOP FINISHED OPEN 96
PORCH
10. Roof Structure GABLE/HIP FOP FINISHED OPEN
11. Roof Cover ASPH/COMP. SHG. 6. PORCH 50
12. Interior Wall 1 DRYWALL UST UNFINISHED
7. STORAGE 15
13. Interior Wall 2 N/A
14. Floor Type 1 CARPETING - -, Total Square Footage: 1672
15. Floor Type 2 N/A Total Area Under Air: 1319
16. Stories 1 lAVii\n~"",,~,.1
Extra Feature
Description Year Built Units
DECK 1949 144
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed Land Information
Land Line # Description Zoning Units Acres
1. SFR RM 1 0
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