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HomeMy WebLinkAboutR-97-0680J-97-408(b) 9/23/97 9 7` 680 RESOLUTION N0. A RESOLUTION GRANTING, WITH CONDITIONS, THE APPEAL OF CHARLES E. FLECK (FLECK & ASSOCIATES INCORPORATED) AND MODIFYING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED, WITH CONDITIONS, A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A CORAL ROCK WALL AROUND THE PERIMETER OF THE PROPERTY KNOWN AS THE DR. EMERSON W. AYARS HOUSE, LOCATED AT 3041 OAK AVENUE, MIAMI, FLORIDA. WHEREAS, the Historic and Environmental Preservation Board (HEPB) at its meeting of April 15, 1997, following an advertised public hearing, adopted Resolution No. HEPB-97-16, which approved, with conditions, a Certificate of Appropriateness for the construction of a coral rock wall around the property known as the Dr. Emerson W. Ayars House, located at 3041 Oak Avenue, Miami, Florida, after finding that the eight (8) foot wall proposed by the owner does not comply with the Secretary of the Interiorls "Standards for Rehabilitation"; and WHEREAS, pursuant to Section 23-5(b) (4) (e) of the Code of the City of Miami, Florida, as amended, an appeal to the City Commission has been taken by Charles'E. Fleck (Fleck & Associates Incorporated), owner of the property located at 3041 Oak Avenue, on the grounds stated in his Notice of Appeal, filed April 28, 1997; and SEP 2 3 R esolutw n Pia 97-- 680 WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof justify modifying the decision of the Historic and Environmental Preservation Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby modifies the decision of the Historic and Environmental Preservation Board (Resolution No. HEPB-97-16, adopted April 15, 1997), which approved, with conditions, a Certificate of Appropriateness for the construction of a coral rock wall around the property known as the Dr. Emerson W. Ayars House, located at 3041 Oak Avenue, Miami, Florida, and grants the appeal giving rise to this hearing with the following conditions: a. Wall. shall be faced with a coral rock veneer to match the stone of the house as closely as possible; b. Columns with concrete caps shall be reduced to four (4) in number and shall be limited to those flanking the driveway and front walkway; C. Gates at driveway and front walkway shall be subject to staff approval; - 2 - 97- 680 d. Height of coral rock wall along the south property line (Oak Avenue) shall not exceed five (5) feet, as measured from current grade at the property line; e. Height of the coral rock wall along the west property line (Allamanda Street) shall be even with the height of the wall along the south property line, although the actual height may exceed five (5) feet as the grade becomes lower approaching the northwest corner of the property; and f. Columns shall not project higher than one (1) foot above the wall. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of 1997. JOE CARD/0 MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. gqINNIJIONES, III CITY AT�MNEY W1678:BSS - 3 - 0 CITY OF MIAMI, FLORIDA • PZ-3 INTER -OFFICE MEMORANDUM Honorable Mayor and Members TO : of the City Commission FROM : rciw�6a rdMarquez City Manager RECOMMENDATION: DATE: June 19, 1997 FILE : SUBJECT : Appeal of Decision of the Historic and Environmental Preservation Board: Dr. Emerson W. Ayars House REFERENCES: 3041 Oak Avenue ENCLOSURES: Agenda Item: City C:ommissi_on Agenda It is respectfully recommended that the City Commission deny the appeal of Charles E. Fleck (Fleck & Associates Incorporated) and affirm the decision of the Historic and Environmental Preservation Board, which approved, with conditions, a Certificate of Appropriateness for the construction of a coral rock wall around the perimeter of the property known as the Dr. Emerson W. Ayars House, located at 3041 Oak Avenue. BACKGROUND: Please refer to the attached memorandum from the Preservation Officer concerning this appeal. Attachment 97- 680 1% 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Jack Luft, AICP Director, Department of Planning and Development /�arah FROM : E. Eaton Preservation Officer RECOMMENDATION: DATE : May 29, 1997 FILE : SUBJECT : Appeal of Decision of the Historic and Environmental Preservation Board: Dr. Emerson W. Ayars House REFERENCES: 3041 Oak Avenue ENCLOSURES: Agenda Item: ri1 e� ss a Agcada It is respectfully recommended that the City Commission deny the appeal of Charles E. Fleck (Fleck & Associates Incorporated) and affirm the decision of the Historic and Environmental Preservation Board, which approved, with conditions, a Certificate of . Appropriateness for the construction of a coral rock wall around the perimeter of the property known as the Dr. Emerson W. Ayars House, located at 3041 Oak Avenue. BACKGROUND: On April 15, 1997, the Historic and Environmental Preservation (HEP) Board considered an application for a Certificate of Appropriateness for the construction of an eight (8) foot coral rock wall around the perimeter of the Dr. Emerson W. Ayars House. The HEP Board approved the wall, but required that the height be reduced to not exceed the height of the bottom of the window sills on the front of the house. The Board also required minor design modifications, including a reduction in the number of decorative columns. On April 28, 1997, an appeal of the Board's decision was filed by the owner of the property. The rebuttal to the grounds for the appeal are as follows: 1. The proposed 8' wall would adversely affect the historic, architectural, and aesthetic character of the existing structure and the special character of the overall historic site, and therefore is not consistent with the Secretary of the Interior's "Standards for Rehabilitation." The relationship between a historic building and the building site helps to define the historic character of a property and must be considered an integral part of any proposed project. Retaining the historic relationship between buildings and open space is an important consideration. The proposed wall is visually incompatible with the historic site in terms of size and scale and destroys the historic relationship between the house and the street. The lower wall approved by the Board, however, would continue to preserve this relationship. 97- 680 2. As stated above, the proposed 8' wall would not be consistent with the purpose and intent of Chapter 23 of the Miami City Code. 3. Denial of the proposed 8' wall would in no way result in an unreasonable and undue economic hardship for the owner and unjustifiably deprive his of reasonable and beneficial use of his property. The HEP Board did not deny any wall; it simply required that the wall be reduced in height. 4. The criteria of retaining public view and visibility of the historic structure is entirely consistent with guidelines for issuing Certificates of Appropriateness, as well as the nationally -recognized Secretary of the Interior's "Standards for Rehabilitation." The intent of the historic preservation ordinance is to promote the use of historic sites for the education and pleasure of the people of the city by reviewing any changes to a historic property that may be visible from a public right-of-way. Allowing the construction of a wall that would effectively obscure from public view the majority of the historic building would defeat the purpose of the ordinance. 5. The denial of the proposed 8' wall is neither unreasonable nor discriminatory because no walls of similar height have ever been approved at any historic site in the city. Although the Board has approved 8' enclosures at other historic sites, all of these have been wrought iron fences that preserve the view of the historic building. Furthermore, as stated above, the Board did not deny a wall, it simply required that the wall be reduced in height. 2 97- 68® *BAKER & M�KENZI� MIDDLE EAsr PACIF16 ALMATY'�-7 eM� CR&D �@ANSKpKl AMSTEReAA "LAN !- / f.l i pEIJ(N&i 4 BARCELONA MOSCOW HANOI BERLIN PARI5 HO CHI MINH CITY BRUSSELS PRAGUE HONG KONG B VDAPESi. RIYAOH MANILA; CAIRO ROMT - MEnMURNE FRANKFURT ST PETERSBURG SINGAPORE GENEVA STOCKHOLM SYDNEY KIEV WARSAW TAIPEI LAUSANNE ZURICH TOKYO LONDON ANTHONY1 O'DONNELL,JR. (305) 789-8918 ATTORNEYS AT LAW SUITE 1600 BARNETT TOWER 701 BRICKELL AVENUE MIAMI, FLORIDA 33131-2827 TELEPHONE (305) 789-8900 CABLE ABOGADOMIA • TELEX 592386 FACSIMILE (305) 789-8953 April 28, 1997 Ms. Teresita Fernandez Hearing Board Officer City of Miami Hearing Boards Division Planning, Building & Zoning Department 444 S.W. 2nd Avenue, 7th Floor Miami, Florida 33130 NORTH AND SOUTH AMER/CA BOGOTA MEXICO CITY BRASILIA MIAMI BUENOS AIRES MONTERREY CARACAS NEW YORK CHICAGO PALO ALTO DALLAS RIO DE JANEIRO JUAREZ SAN DIEGO Ms. Sarah E. Eaten Preservation Officer City of Miami Department of Community Planning and Revitalization 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 Re:, Appeal of Historic and Environmental Preservation Board's Denial Of Application For Certificate of Appropriateness (Item #1, April 15, 1997: Dr. Emerson W. Ayars House, 3041 Oak Avenue, Coconut Grove, Florida) Dear Ms. Fernandez: SAN FRANCISCO SAO PAULO SANTIAGO TIJUANA TORONTO VALENCIA WASHINGTON, D.C. This appeal is filed pursuant to Section 23-5(b)(4)e, Miami Code, on behalf of Charles E. Fleck (Fleck & Associates Incorporated), as owner of the historic Dr. Emerson W. Ayars House, 3041 Oak Avenue. Mr. Fleck requests review and reversal by the City of Miami City Commission of the denial by the Historic and Environmental Preservation Board on April 15, 1997, of the owner's application for a Certificate of Appropriateness for the construction of an 8- feet high coral rock wall around the perimeter of the subject property. The grounds for the owner's appeal are as follows: 1. _ T�roposed coral rock wall would not adversely affect the historic, architectural or aesthetic character of the existing structure or its relation to neighboring structures and surroundings. Sec. 23-5(c)(1), Miami Code. 2. The proposed coral rock wall would not adversely affect the special character of the overall historic site. Sec. 23-5(c)(1), Miami Code. S 97- 680 BAKER & M19KENZIE Ms. Teresita Fernandez April 28, 1997 Page 2 3. The proposed coral rock wall would meet the United States Secretary of Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" and all other applicable criteria established by the Miami Code. Sec. 23-5(c)(1), Miami Code. 4. The proposed coral rock wall would be consistent with the purpose and intent setforth in Section 23-1, Miami Code. Sec. 23-5(b)(4)b Miami Code. 5. Denial of the proposed coral rock wall would result in an unreasonable and undue economic hardship for the owner and unjustifiably deprive him of reasonable and beneficial use of his property. Sec. 23-5(b)(4)b, Miami Code. 6. The ad hoc criteria of retaining public view and visibility of the subject property and historic structure are not authorized or proper criteria for denying a certificate of appropriateness for the proposed coral rock wall which would be consistent with the materials and architectural character of the property and historic structure. Cit o� f Naples v Central Plaza of Naples, Inc., 303 So.2d 423 (Fla. 2d DCA 1974); 7800 Building, Inc. v. City of South Miami, 305 So.2d 860 (Fla. 3d DCA 1974). 7. Denial of the proposed coral rock wall is unreasonable and discriminatory given the repeated approval of walls of similar height at other historic sites within the City. Coral Gables v. Wepman, 418 So.2d 339 (Fla. 3d DCA 1982). Based upon the above reasons, the denial by the Board should be reversed by the City Commission. We enclose our firm's check in the amount of $400 for the filing fee. Respectfully submitted Anthony J. O'Donnell, Jr. AJO/kt 122129 RESOLUTION NO.HEPB-97-16 A RESOLUTION APPROVING AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A CORAL ROCK WALL AROUND THE PERIMETER OF THE PROPERTY KNOWN AS THE DR. EMERSON W. AYARS HOUSE, LOCATED AT 3041 OAK AVENUE, SUBJECT TO THE FOLLOWING CONDITIONS: 1. WALL SHALL BE FACED WITH A CORAL ROCK VENEER TO MATCH THE STONE OF THE HOUSE AS CLOSELY AS POSSIBLE; 2. COLUMNS WITH CONCRETE CAPS SHALL BE REDUCED TO FOUR (4) IN NUMBER AND SHALL BE LIMITED TO THOSE FLANKING THE DRIVEWAY AND FRONT WALKWAY; 3. GATES AT DRIVEWAY AND FRONT WALKWAY SHALL BE SUBJECT TO STAFF APPROVAL; 4. HEIGHT OF CORAL ROCK WALL SHALL NOT EXCEED THE HEIGHT OF THE BOTTOM OF THE EXISTING FIRST FLOOR WINDOW SILL ON THE SOUTH ELEVATION; 5. HEIGHT OF CONCRETE CAPS ON COLUMNS SHALL BE THE SAME AS THE HEIGHT OF SAID WINDOW SILL; FINDING THAT THE PROPOSED WALL, AS MODIFIED, IS CONSISTENT WITH THE HISTORIC AND ARCHITECTURAL CHARACTER OF THE PROPERTY IN TERMS OF SIZE, SCALE, DESIGN, MATERIALS, AND TEXTURE AND COMPLIES WITH THE SECRETARY OF THE INTERIOR'S "STANDARDS FOR REHABILITATION;" AND FURTHER FINDING THAT THE PROPOSED EIGHT (8) FOOT WALL WOULD NOT BE CONSISTENT WITH SAID STANDARDS AND WOULD DRASTICALLY OBSTRUCT THE VIEW OF THE HOUSE FROM THE PUBLIC RIGHT-OF-WAY. PASSED AND ADOPTED THIS 15T" DAY OF APRIL, 1997. PRESERVATION OFFICER CHAIRMAN 97- 680 r� u • HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FACT SHEET NAME Dr. Emerson W. Ayars House ADDRESS 3041 Oak Avenue PROJECT DESCRIPTION Application for Certificate of Appropriateness for the installation of a wall around the perimeter of the property and reinstallation of the screened porch. ANALYSIS The applicant is proposing to enclose the front and sides of the property with an 8' coral rock wall. The Board has traditionally viewed applications for fences and walls for individually designated historic sites in a different way than fences and walls within .historic districts. The Board has. approved many applications for fences, some as high as 8', for such properties as the Warner House, the Miami River Inn, and the Hindu Temple. However, all of these have been for metal picket fences. The intent has always been to provide the owner with a secured property, but to allow the public to retain a view of the historic building. No walls have been permitted. Although the materials of the proposed wall are consistent with the architectural character of the property, the height is not. A wall 3-4' in height topped with metal pickets would allow the house to remain visible. Although most houses of this style did not feature screened porches, a historic photograph from the 1940's does reveal the presence of one. It is not known if the screening was original to the house or added later, but the historic precedent is there. RECOMMENDATION The Preservation Officer recommends that the application for a Certificate of Appropriateness be approved, subject to the following conditions, because the proposed work as modified is consistent with the historic and architectural character of the property in terms of size, scale, design, materials, and texture and complies with the Secretary of the Interior's "Standards for Rehabilitation." The proposed wall shall be reduced in height, shall not exceed 4' and shall be topped with simple metal pickets for a total height not to exceed 8'. 2. Elevation drawings of the screened porch consistent with the historic photograph shall be submitted to staff for approval.. Item #1 April 15, 1997 APPLICATIrllw%-"w�i FOR CERTIFICATE OF APPROPRIATENESS ALTERATIONS, NEW CONSTRUCTION NAt1E—GF HI-STORIC—SITE/HISTL]RIC f)T571PICTi _ RELATIONSHIP TO OWNER Ev U7-L) L HERITAGE CONSERVATION BOARD MATERIALS SUBMITTED WITH APPLICATION MMIINOR ALTERATIONS MAJOR ALTERATIONS SIGNS lJ EXHIBIT NO. 1�1��� � ❑ EXHIBIT NO. I ❑ EXF'TbiT NO. I I�EXHIBIT NO. z Cl EXHIBIT "10. z ❑ EXHIBIT NO. z La'EXHIBIT NO. 3 CC!-6g W ❑ EXHIBIT NO. 3 ❑ EXHIBIT NO. 3 © EXHIBIT NO. a ri�� Lcj -� Cl EXHIBIT NO. a ❑ EXHIBIT NO. a EXHIBIT 140. 5 �J��'1 ,+-.,a � w1/0 Wf & ❑ EXHIBIT NO. 5 ❑ EXHIBIT NO. 6 ❑ EXHIBIT NO. 7 ❑ EXHIBIT NO. s DETAILED DESCRIPTION OF REHABILITATION l'ORK PROVIDE AN OVERALL DESCRIPTION OF PROJECT. DESCRIBE THE NATURE AND SPECIFIC LOCATION OF ALL PROPOSED IMPROVEMENTS OR CHANGES TO THE PROPERTY. USE ADDITIONAL WAGE IF NECESSARY. �.� (�oc-i<�, TRope�'�t'y' (l( aJ v t ORt�� �. � k �-� e 97- 680 11 n REASONS FOR PROPOSED IMPROV TS OR CHANGES C)o ez PROFESSIONAL ADVISERS LIST THE NAME AND FIRtl OF SUCH PROFESSIONAL ADVISERS AS ARCHITECT, ENGINEER, LANDSCAPE ARCHITECT, C P.ACTOR, AND R E VATIO MCONS ANT. a! � ? ' N E/FIRM ��— ADDRESS TELEPHONE NAME/FIRM ( ADDRESS TELEPHONE NAME/FIRM ADDRESS TELEPHONE NAME/FIRM ADDRESS TELEPHONE NAME/FIRM EXPECTED SCHEDULE t Vj I C TIFY T ATiTACHMENTS MY COR SIGNATURE OF PROPERTY OWNER ADDRESS 0 TELEPHONE A,ri'lvJ� �r v IE-L'- VLEQI�E 4HD BELIEF\TPAT ALL I[;FORFtATION IN THIS APPLICATION AND ITS DA TE i - SIGNATURE OF APPLICANT (IF OTHER THAN OWNER) DATE FOR STAFF USE ONLY: � APPLICATION NO. DATE RECEIVED STAFF REVIEW FINAL ACTION ❑ STANDARD CA �� HEARING DATE FINAL ACTION (LYsPECIAL CA .�-/j _C 7 97 680 9 STATE OF FLORIDA I } } SS COUNTY OF DADE } AFFIDAVIT Before me, the undersigned authority, this day personally appeared Charles R. Fleck who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Mimi, Florida, affecting the real property located in the City of Mimi, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion of a. classification or regulation of zoning as set out in the accompanying petition. 3. .That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or leg repftmtative. 4.. The facts as represented the 4 icaV and doculents submitted in conjunction with this affidavit re rue c Fufther Attiamt sabre not. 1 _ f Sworn to and Subscribed before me this 10 dyof_, 15�7 f Notary Public, State of Flori a at Large OFFICIAL NOTARY SEAL My Commission Expires: WILLIANI R. HEFUN (MNOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC387725 MY COMMISSION EXPIRES 8/27/98 97- 680 Is 0 . OWNER'S LIST 4) Owner's Nap Charles R. Fleck, President - Fleck & Associates, Inc. Mailing Address - 3041 Oak Avenue, Coconut Grove, Florida 33133. Telephone Number (305) 444-7900 (Charles Roy Fleck, 100% Owner) Legal Description: West 1/2 etc. (See Attached Deed) Owner's Nap Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property ownW individually, jointly. or severally (by corporation. partnership or privately) within 375 feet of the subject site is listed as follow: Street Address Legal Description None Strwt Address Legal Oescription Street Address Legal Description 14 97- 680 1. Legal descriptionOd street address of subject real prop The West 1/2 etc. (See Attached Deed) 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 12 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Fleck and Associates, Inc. Charles Roy Fleck (100% owner of Corporation) 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 12, and (b) located within 375 feet of the subject real property. None. STATE OF FLORIDA } SS: COUNTY OF OAK } G��i'Lc.c-S le ! `=ue--- , being duly sworn, depom ao0 sags that he is the (Please Print) (Owner) (Attoreey for Owner) of the real I cri bad in answer to question it abew; that he has read the,ing and that the same are true and complete and (if acting as att fo ) he has authority to execute the disclosure of/ameers lip to on f t ar✓ sg 31 s 5 ,'Pf 0 ` 9n Lure a or fog, n' SWORN TO AND SINWRIM r before me this ,��� day of ,.rt.- 19U.% Notary Public, State ofPori" at Large MY COMMISSION EXPIRES: OFFICIAL NOTARY SEAL WILLIAM R. HEFLIN (aNOTARY PUBLIC STATE.OF FLORIDA COMMISSION NO. CC38T72S my COMMISSION EXPIRES 6/21198 97- 680 � 5 '�"•� L—� iV r,U 1 1J ou �WAAIANTV OfrD i FlOat Ir.UIVIDUAt TO COAPpAATION �DPleese Rehtrn To: 11 P, 3T9r �r � A. KALISH, ESQUiRl Stttzin antl Camnec R A M• CO FORM 34 ProtOSSipttui AStaoCl"nn This barranty Bred ? u,, O'c day of SHARON ALLEN, individually and as liersonal ,ESTATE 01F FWIARD , Z. ENGEL, deceased. IP/ftnattvr co lc( t e grantor, to FLECK AND ASSOCIATES, INC. .O corporalion existing under the IOU -Is of the State of OHI 2(ld.•nss at P , Q , Box 88, Coconut Grove Station, hercinz)ftrr coded the grantee; 999 Hri0W avenue '�� Mi3 ru, Fxutaa 33131 •;ttitil� A A D. i 9 84 by re esentative of the O with its perrnanenl poslofTice Coconut Grove, Florida 3•=i •Whrrerer used herein the term% "vramer" aoe 'pt•anice•' include all thr panitl r0 this instrument and the ht-n lctal mprotitati.ts and awSne of mdit,duais, &+d tht stnctuors and asses of eorporatior,sl �al`LJJfsf{. That die gronlor, jor and ir, consiciFration of the sum of S 10 • 00 and o6 *rolt,al,h, consi:Jrvatlorts. rt,reipt whereof is hereby ark nowlcdged• hereby grants, bargains, sells, aliens, re• mists, rrlooses, conveys anti confirms unto the grantee. all that certain land situate in County, Florida. viz: 11 The west 1/2 of Lot 7, all of Lot 8, and the west i seventy-five (75) feet of the South one-half (�) of Lot 9, all in Block 1, ALLAMANDA GARDENS, according to the Plat thereof, recorded.in Plat Book 6, Page 72, Public records of Dade County, J Florida. Subject to conditions limitations, r � r o restrictions and easements of record, if any, and taxes for the current and subsequent years. • • l'•Iunt�DOebm��t ii�iG01 „'// GGCC y orX 9terN �y -rare o• 6Hnlee Coun Ceurtd wills all ltrr lettnrnrnic. lrr rs•tit!nlTu ell. U115C appertctintrtq. r J���.•—SURTAX Dautlno�tarY ElstAAr OoUectd �rc'C f•:4^ll 011) r:r1� • ,; �,� b �jj•.,., COuttA .r ly Q ...-...e.."s e7rrr..eeyytnrea (Arid oppurtennnces lAereto, belonging or in ony- To 14aue and to Bold, Iflt. same in ft1t1 si.nPlc forec,er. Bad the grantor ht rclm rareourttc wilh snal clranlee !lint lite grantor is lou,f ally sei_ed of raid land in f.lo simple; that lhr gronfor fins rrvud .rijltl anti lowful authorily to sell and convey soir;l Land; that the rgravlor herebv fully wurrants ALA Ifllr, It,, said imuf a,ld u+iil defend llte some against the l=ful claims of all persons Whomscouvr: and that said land is f rpo o f all encumbrances, except taxes accruing subsequent to l.)ere"er 31, 19 83. tiwetco Its VhUAI FU440%41A+ OF aaoE awatr ►toismL REtOP., VEA111io cu�,utt touts 97— 680 E:xtenued Page t9iit!N. Vtlipd Ond dobvI d 111 our proram L/�s4✓t/ti...� ....... •. . 1. . r � -........... ' �, (i ...�..:..� .� ......., r tff.l n, of � 41Z . RQN ALLEN nd v clua Ily �anci as ge.>:.spna•_ repro-sentative of-.t. estate Of Edward E. Enrel► dec as h t ft 1(�1Lll1E�! �.I��il��' Ifil IA (Xii hy. 6ef me, an �j��(`t If !! a ' i j d county i Id k � d �( ���� �� f�1� �� ��� Si��t a oresat an Ir erl trot a oresa� to toe nowle mencs, personally appeared Sharon Allen, individually and as personal repre$entgative of the Estate of Edward E. Ergel, deceased, to the know'r to be the person &-scribed to and who executed the foregoing instrument and she a5ltpq ��dgeci belere rt:e they she cxecutcd the same. `: .lFi.��.,.:,� �• ,.: WITNESS my hand and official seal. in the County and State last aforesaid this , y'OI / l��C, A. D. 1984. �:' -�� MIT, WP 'dad fJF3D1y70; aw MWIJ A) Ilvis ...... ....•....... NOTARY P 'BI,IC, ST AT LARGE 97- Z�