Item O5 0.5
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
June 19, 2019
Agenda Item Number: 0.5
Agenda Item Summary #5654
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Approval of a contract to purchase a less than fee interest in Block
10, Lot 16, Breezeswept Beach Estates (PB 4-143) with parcel number 00204040-000000 and a
purchase price of$99,999 for density reduction purposes.
ITEM BACKGROUND: This acquisition is proposed pursuant to BOCC Resolution 438-2018 (the
Less Than Fee Acquisition Program) to protect property rights, to reduce density, and to reduce the
County's potential liability for takings suits.
The subject property consists of a 6,000 square foot canal lot on Tobago Lane on the ocean side of
Ramrod Key near mile marker 27. The property is designated Tier 3 — Infill Area and is zoned
Improved Subdivision. The property is a mowed lot with shade trees and a mangrove fringe along
the canal and is developed with accessory structures.
The Planning and Environmental Resources Department has confirmed the property has the potential
to be developed with one dwelling unit and the Land Authority has prepared and negotiated the
proposed purchase contract on behalf of the BOCC. The property owner has agreed to retire the
development rights for dwelling units and detached habitable space on the property. The purchase
price for this less than fee interest is $99,999. Since there is no separate market land value listed for
Lot 16, the $99,999 purchase price is based on the $109,500 current market land value indicated on
the Monroe County Property Appraiser's website for a comparable lot (Block 11, Lot 5). The
estimated closing costs for this transaction will be approximately $1,250.
Once the proposed transaction closes, the Seller will continue to own the lot and may use it in
conjuction with his existing house on his adjoining parcel but will be precluded from developing the
lot with a dwelling unit or other detached habitatable space.
PREVIOUS RELEVANT BOCC ACTION: The Board budgeted funds for purchases which are
intended to reduce density and to reduce the County's potential exposure to property rights' related
lawsuits through voluntary purchases.
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CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
TobagoLaneContract
TobagoLaneMCPAData
TobagoLaneCompBlockI 1 Lot5
FINANCIAL IMPACT:
Effective Date: June 19, 2019
Expiration Date: None
Total Dollar Value of Contract: $99,999.00 plus estimated closing costs of$1,250.00
Total Cost to County: $101,249.00
Current Year Portion: $101,249.00
Budgeted: Yes
Source of Funds: 304 Funds infrastructure sales surtax
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: N/A
Additional Details: $99,999.00 plus closing costs estimated to be approximately $1,250.00
None
06/19/19 NEW COST CENTER ADDED $101,249.00
REVIEWED BY:
Charles Pattison Completed 06/03/2019 12:15 PM
Paunece Scull Completed 06/03/2019 3:37 PM
Budget and Finance Completed 06/03/2019 4:05 PM
Maria Slavik Completed 06/04/2019 7:51 AM
Kathy Peters Completed 06/04/2019 9:25 AM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
THIS AGREEMENT is made and entered into this day of 2019, by
and between
Tobago Lane, LLC IL
(hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and
assigns, and MONROE COUNTY, FLORIDA (hereinafter "COUNTY").
WITNESSETH: cas
1„ The Seller(s) represent they are the owners of the following parcel (hereinafter "Primary Parcel")
thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida,
that is currently developed with a residential dwelling unit and is more particularly described as
follows; to-wit:
Block 10, Lot 17, Breezeswept Beach Estates (PB 4-143) and adjacent parcel, more
particularly described in Exhibit A.
RE #00204040-000000
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The Seller(s) represent they are also the owners of the following parcel (hereinafter "Secondary
Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of U
Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling
unit or any other habitable space and is more particularly described as follows; to-wit:
Block 10, Lot 16, Breezeswept Beach Estates (PB 4-143) and adjacent parcel, more
particularly described in Exhibit B.
RE #00204040-000000 U
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2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is
hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights
associated with the Secondary Parcel owned by Seller, upon the terms and conditions hereinafter
set forth, and for the price of $99,999.00. The Seller(s) covenant to surrender, release, relinquish
and transfer any and all of the Seller(s)'s property rights to develop:
a) residential dwelling units; and
b) accessory structures providing detached habitable space
(hereinafter collectively "Less Than Fee Interest") on the Secondary Parcel.
3. The Seller(s) agree that they have full right, power and authority to convey, and that they will
convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the
servient estate of the Secondary Parcel with the Primary Parcel, subject to the following conditions
and obligations:
The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the
COUNTY or its agent to examine all record detail of the ownership and encumbrances (O & E)
affecting title to the Secondary Parcel. The COUNTY may, at its option during the time permitted
for examination of title, have the Secondary Parcel surveyed and certified by a registered Florida
surveyor. If the survey or O & E report disclose encroachments on the Secondary Parcel or the
existence of improvements located thereon, or any other restrictions, contract covenants, liens,
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transfers of development rights, or applicable governmental regulations, deemed not acceptable to
the COUNTY, the same shall constitute a title defect.
The COUNTY shall have sixty (60) days from the effective date of this Agreement in which to
examine the O & E of Seller's title. If title is found defective, as determined in the sole discretion
of COUNTY, the COUNTY shall, within this specified time period, notify Seller(s) in writing a.
specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will
have one hundred twenty (120) days from receipt of notice within which to remove the defect(s).
The Seller(s) will use diligent effort to correct defect(s) in title within the time provided therefore,
including the bringing of necessary suits, failing which the COUNTY shall have the option of either
accepting the title as it then is or rescinding the Agreement herein. cis
4. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or property
rights associated with the Less Than Fee Interest may be diminished or encumbered while this
Agreement is pending. In the event any such diminution, encumbrance or other impairment
occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee
Interest.
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5. The Seller(s) further agree that during the period covered by this instrument officers and
accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and
privilege to enter upon the Secondary Parcel for all proper and lawful purposes, including
examination of the Secondary Parcel and the resources upon it. Nothing herein shall be
construed to constitute an acceptance of any existing or future code or building violation on the U)
Primary Parcel or the Secondary Parcel. This provision shall survive closing. The Seller(s)
hereby waive their rights to any and all claims against the COUNTY or the State of Florida
associated with, or arising from ownership of, the Secondary Parcel and this waiver shall survive
closing.
6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee N
Interest in a manner satisfactory to the legal counsel of the COUNTY:
a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant of Unity of Title document")
b) Joinder of Mortgagee (if applicable)
c) Joinder of Non-Mortgagee Encumbrance Holder (if applicable)
d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies)
e) Affidavit of Trustee (if land owned by a Trust)
f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels
7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee
Interest at the price of $99,999.00. The COUNTY further agrees that after the preparation,
execution, and delivery of the documents enumerated above, and after the legal counsel of the
COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be
surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase
price, less any costs of closing payable by Seller, as set forth below.
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The COUNTY shall pay the following expenses associated with the conveyance of the Less Than
Fee Interest: recording fees for the documents listed in Section 6, settlement fees, O & E report 0
fees, title examination fees, and the Buyer's attorney's fees. The Seller(s) shall pay the real estate
commissions, if any are due. Full transfer, surrender and possession of the development rights
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described above shall pass to the COUNTY as of the date payment is made to the Seller(s)
subject only to the reservations stated in Section 2 above.
8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the
County at the date the Less Than Fee Interest vests of record in the COUNTY.
9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to
the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s)
at the following address:
Lianne Lazetera, Esquire
Schlesinger Lazetera &Auchincloss LLP
535 Madison Avenue
New York, NY 10022
and shall be effective upon date of emailing or mailing and shall be binding upon all of the
Seller(s) without sending a separate notice to each, except as such obligation may be affected by
the provisions of Section 6 herein.
10. The effective date of this Agreement shall be that date when the last one of the Seller(s) and the
COUNTY has signed this Agreement.
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11. If the Seller(s) wishes to proceed with this transaction, the Seller(s) have until May 30, 2019 to
sign and return this Agreement to the COUNTY. This Agreement may be executed in
counterparts. Notwithstanding any provision of this Agreement to the contrary, the obligation of
closing of this transaction is contingent upon approval by the Monroe County Board of County
Commissioners, failing which the COUNTY and the Seller(s) shall release one another of all IL
further obligations under this Agreement.
IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10,00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY
or its authorized representative, or any other office or agent of the COUNTY authorized to purchase
said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase
within ninety (90) days from the execution thereof by the Seller(s), and to purchase the Less Than
Fee Interest as herein provided, providing said Purchase is duly approved by the Monroe County
Board of County Commissioners.
Seller/Tobago Lane, LLC
By: Sanford J. Schlesinger, Manager
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of ure C tW PhoneSsc
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tuber Email Address U)
Buyer/ COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk
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By:
Deputy Clerk Sylvia J. Murphy, Mayor
(Seal)
Date:.
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EXHIBIT A
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Lot 17, Block 10, BREEZESWEPT BEACH ESTATES, a Subdivision according a.
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to the Plat thereof as recorded in Plat Book 4, page 143 of the Public Records of U-
Monroe County, Florida; z
ALSO:
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Being that portion shown on the Plat of Breczeswept Beach Estates is is listed
as 11not a pan of this plat" that abuts Lot 17, Block 10, of BREEZESWEPT
BEACH ESTATES, according tote Plat thereof as recorded in Plat Book 4, page
143 of the Public Records of Monroe County, Florida and more particularly 0
described as follows, to it:
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Beginfiing at the SE comer of said Lot 17, BREEZESWEPT BEACH ESTATES,
as Recorded in Plat Book 4, at Page 143; from the point of the beginning then
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out 35 feet to the edge of the Canal, thence West to the North boundary of W
the canal 60 feet, then 55 feet to the SW comer of said Lot 17, then meandering
the Southerly boundary of Lot 17 as shown on said plat recorded in Plat Book 4,
at page 143, back to ffic beginning.
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EXHIBIT B
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Lot 16, Block 10, BREEZESWEPT BEACH ESTATES, a-Subdivision according a.
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to the Plat thereof as recorded in Plat Book 4, page 143 of the Public Records
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Monroe County, Florida; <
ALSO:
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Being that portion shown on the Plat of Breezeswept Beach Estates is is listed
as Itnot a part of this plat" that abuts Lot 16, Block 10, of BREEZESWEPT
BEACH ESTATES, according to the Plat thereof as recorded in It Book 4, page
143 of the Public Records of Monroe County, Florida and more particularly 0
described as follows, to wit:
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All that certain parcel of land south of and adjacent to Lot 16, Block 10,
Breeieswept Beach Estates, according to the Plat thereof as recorded in Plat Book
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4, Pa e 143 of the Public Records of Monroe County, Florida and being bounded
on the North by the platted remnarit shoreline of said Lot 16 and on the south by
the shoreline of an existing canal, containing 3,240 square feet, more or less.
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„r,U Puiblic. "" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement. LL
Summary
Parcel ID 00204040-000000
Account# 1267350
1y
Property lD 1267350
Millage Group 100Hj ���r
Location 27356 TOBAGO In,RAMROD KEY
Address
Legal BK 10 LT 16AND 17 BREEZESWEPT BEACH ESTATES P134-143 RAMROD KEY OR215-325/26
J ir,
Description OR220410 OR53977 OR782-912 OR801-1937 OR811-2297 OR854-753 OR1090-2170/71
OR1188-974/75 OR15552074/75 OR1757-1403/AFF OR1757-1404/05C OR2584-457/62F/1 yV
OR2589-1399/401 OR2601-198/200
(I`do[, I`do[Lo Ih, a,?d on ducurrI'nI',)
Neighborhood 707 4�
Property Class SINGLE FAM ILY RESI D(0100)
Subdivision BREEZESWEPT BEACH ESTATES ,/ir 0
Sec/Twp/Rng 32/66/29 ,�%d,,,
Affordable No - °�-
Housing1267350 20121
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Owner
TOBAGO LANE LLC
C/O SCHLESINGER GANNON AND LAZETERA LLP U)
535 MADISON AVE
NEW YORK NY 10022
Valuation
2018 2017 2016 2015
+ Market Improvement Value $11$280 $120,100 $105,234 $109,014
+ Market Misc Value $5,088 $5,162 $4,385 $3,811
+ Market Land Value $328,500 $289,500 $291,000 $217,500 U)
= Just Market Value $451,868 $414,762 $400,619 $330,325 4)
= Total Assessed Value $439,662 $399,693 $363,357 $330,325 4)
- School Exempt Value $0 $0 $0 $0 2
= School Taxable Value $451,868 $414,762 $400,619 $330,325
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL(010C) 6,000.00 Square Foot 60 100
RESIDENTIAL CANAL UNPERMITTED(01CM) 6,000.00 Square Foot 60 100
Buildings
Building ID 13164 Exterior Walls WD FRAME co
Style STILT 1 STORY Year Built 1981
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1988
Gross Sq Ft 2776 Foundation CONC BLOCK
Finished Sq Ft 960 Roof Type GABLE/HIP
Stories 1Floor Roof Coverage ASPHALTSHINGL
Condition AVERAGE Flooring Type CONC S/B GRND
Perimeter 128 Heating Type NONEwith O%NONE
Functional Ohs 0 Bedrooms 2
Economic Ohs 0 Full Bathrooms 2
Depreciation% 35 Half Bathrooms 1 M
Interior Walls WALL BD/WD WAL Grade 450
Number of Fire PI 0
Code Description Sketch Area Fin ishedArea Perimeter
ELF ELV FIN FD 424 0 0
SPX EXEC SC PORCH 192 0 0
FLA FLOOR LIV AREA 960 960 0
OPF OP PRCH FIN LL 192 0 0
OUF OP PRCH FIN UL 472 0 0
SBF UTIL FIN BILK 536 0 0
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TOTAL 2,776 960 0 �
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Yard Items
Description Year Built Roll Year Quantity Units Grade
WOOD DOCKS 1984 1985 1 180 SF 3
CONC PATIO 1994 1995 1 30 SF 1
UTILITYBLDG 1999 2000 1 180 SF 2
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
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11/15/2012 $100 Quit Claim Deed 2601 198 11-Unqualified Improved
9/12/2012 $345,000 Warranty Deed 2589 1399 32-Unqualified Improved
10/1/1991 $92,100 Warranty Deed 1188 974 Q-Qualified Improved LL
4/1/1989 $100,000 Warranty Deed 1090 2170 Q-Qualified Improved
11/1/1979 $8,000 Conversion Code 801 1937 Q-Qualified Vacant
Permits
Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0
04104808 10/25/2004 4/5/2005 $4,125 Central A/C installation
981854 10/29/1998 12/2/1999 $3,995 ROOFING (�
92-3953 1/1/1992 12/1/1992 $1,245 CONCRETE SLAB
81-8194 4/1/1981 4/1/1981 $43,200 Residential SFR
Sketches(click to enlarge)
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OPF OUF SPX 00F
(192) 8 8 (208) (192) 8 (80)
24 24
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SBF FLA 20 �y
(496) (960) r°
12 U)
17 N
25 4
13 10 2 52
3 _
SBF 40
126
L-LF) 6 4
(424)
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7
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Photos
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„ U Public." Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. LL
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel I 00204160-000000 (/)
Account# 1267473
Property I 1267473
Millage Group 100H
Location Address VACANT LAN JAMAICA In,RAMROD KEY
Legal Description BK 11 LT 5 BREEZESWEPT BEACH ESTATES RAMROD KEY P134-143 OR215-326 OR513-269 OR764-505 OR1055-1560 OR1104-853 OR1118-1464C
(I`duLrs I`4o[Lu Ih r u,,?d on Ir pal dOLUl4 n Cs,)
Neighborhood 707
Property Class VACANT RES(0000)
Subdivision BREEZESWEPT BEACH ESTATES
Sec/Twp/Rng 32/66/29
Affordable Housing No
Owner
0
HUDEK III JOSEPH D
4107 W Empedrado St
Tampa FL 33629 U)
Valuation
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2018 2017 2016 2015
+ Market Improvement Value $0 $0 $0 $0
+ Market Misc Value $0 $0 $0 $0
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+ Market Land Value $109,500 $82,500 $90,000 $67,500 GS
= Just Market Value $109,500 $82,500 $90,000 $67,500
= Total Assessed Value $26,573 $24,157 $21,961 $19,965 CL
- School Exempt Value $0 $0 $0 $0 4)
= School Taxable Value $109,500 $82,500 $90,000 $67,500 U)
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Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL CANAL UNPERMITTED(01CM) 6,000.00 Square Foot 60 100
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
6/1/1988 $40,000 Warranty Deed 1055 1560 M-Unqualified Vacant
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No data available for the following modules:Buildings,Commercial Buildings,Mobile Home Buildings,Yard Items,Exemptions,Permits,Sketches(click to enlarge),Photos.
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i[.. or�.rny crthe r purpo..e: ike wi e^,d il:a provided i e^„ardni;one Caxye:ar inay nol:he �,rpphc.ahle,^in prior or suh..e^que:nl:ye err.: By re:que.;.Ci rqySchr
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