Agenda 03/25/2014 Item #16A13 3/25/2014 16.A.13.
EXECUTIVE SUMMARY
R.ecu:a i endation to approve the partial release of a lien in the accrued amount of $56,555.06 for
paynuez t of$2,005.06, in the Code Enforcement action entitled Board of County Commissioners vs.
Taylor Bean & Whitaker Mortgage Corporation, Special Magistrate Case No. CEPM20120012329,
relating to property known as 8010 Kilkenny Court, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the partial release of
a code °nforcement lien with an accrued value of $56,555.06, for payment of $2.005.06, for
prop::°ty known as 8010 Kilkenny Court only, in relation to Code Enforcement Special
Magistrate Case No. CEPM20120012329.
CONSIDERATIONS: As a result of code violations at 717 Crossfield Circle, the Code
Enforcement Special Magistrate ordered the imposition of a lien against Taylor, Bean, and
Whitaker Mortgage Corp. The lien was recorded in the Official Public Records on July 17,
2013. at O.R. Book 4944, Page 3737, and it encumbers all property owned by Taylor Bean &
Whitaker Mortgage Corporation. The accrued lien amount of $56,555.06 is based on accrued
fines ?nor the non-compliance period of 220 days at $250 per day ($55,000), plus the County's
hard :a-sts. The underlying violation was for an unmaintained swimming pool, damaged pool
encica are, and dammed front door, and all of these violations have been abated.
This request for a partial release is for a different property, 8010 Kilkenny Court, which contains
no c . e ..iolations. This latter parcel was encumbered by the lien as a result of common
owner .n p by Taylor Bean & Whitaker Mort gage Corporation. Although this parcel is now
under eeve ownership, the lien continues to encumber the property due to the fact that it was
owner: by Taylor Bean & Whitaker Mortgage Corporation at the time of lien imposition.
The p ofer e is in compliance and an amount of $2,005.06 has been paid. This represents
$112 -, operational costs, $1,442.50 in County abatement costs and $450 in fines.
FISC/.L IMPACT: Payment of$2.005.06 has been made, representing the County's hard costs
of$1.355.06 `$112.56 in operational costs, and $1,442.50 in abatement costs). pills $450.00 in
fines. if approved by the Board, fines in the amount of$54,550.00 would be waived with respect
to 801 Kilkenny Court only, and the lien 'could continue to encumber all other property owned
by Tea :er, Bean, and 'i\'h itake:l Mortgage Corp.
GRO ;TH MANAGEMENT IMPACT: There is no growth management impact associated
with th; Executive Summary.
LEGA LCONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. . Majority support is required for approval. This item
conforms to the Board's policy contained in Resolution 2012-46. -KN
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3/25/2014 16.A.13.
RECOMMENDATION: That the Board waive the fines in the amount of $54,550.00 with
respect to 8010 Kilkenny Court only, accept payment of$2,005.06, and partially release the lien
as described above, and authorize the Chairman to sign the attached partial lien release.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division,Planning and Regulation.
Attachment: Partial Release of Lien
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3/25/2014 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve the partial release of a lien in the accrued
amount of$56,555.06 for payment of$2,005.06, in the Code Enforcement action entitled
Board of County Commissioners vs.Taylor Bean &Whitaker Mortgage Corporation, Special
Magistrate Case No. CEPM20120012329, relating to property known as 8010 Kilkenny Court,
Collier County, Florida.
Meeting Date: 3/25/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
2/26/2014 8:45:50 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 2/27/2014 9:51:55 AM
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 2/27/2014 5:02:30 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 2/28/2014 10:13:09 AM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 2/28/2014 12:48:32 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/28/2014 3:43:34 PM
Name: IsacksonMark
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3/25/2014 16.A.13.
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 3/13/2014 10:07:52 AM
Name: DurhamTim
Title:Executive Manager of Corp Business Ops,
Date: 3/13/2014 3:48:55 PM
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3/25/2014 16.A.13.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2440
PARTIAL RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien against all real and personal property owned by:
Taylor Bean &Whitaker Mortgage Corporation,
Respondent
The lien was recorded on July 17, 2013 in Official Records Book 4944, Page 3737, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of fifty-six thousand five hundred fifty-five dollars and six cents, plus accrued
interest and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, which property is described as follows:
LOT 46 BLOCK G,NAPLES HERITAGE GOLF&COUNTRY CLUB PHASE TWO-A,N/K/A
VILLAS AT KILKENNY ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 28, PAGES 11 THROUGH 13, INCLUSIVE, PUBLIC RECORDS OF COLLIER
COUNTY FLORIDA.
Site address: 8010 Kilkenny Ct.
Collier County, a political subdivision of the State of Florida, by execution of this Partial
Release and Satisfaction of Lien, acknowledges payment as approved by the Board of
County Commissioners as partial satisfaction of the lien and hereby cancels said lien
with respect to the above-described property only.
The Clerk of the Circuit Court is hereby directed to record this Partial Release and
Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that
the lien ceases to exist as to 8010 Kilkenny Ct.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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