Agenda 03/08/2011 Item #16K3
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~~ECYTIVE $UM~Y
Rec~tIon to approve the partial release C)f.lien in the Code Enforcement Actions
entitled Board of County Commissioners vs. Francisca AIas,Cod~ Enforcement Board
Case No.' 2007-49, relating topropertyiocated at2U2 Santa .Barbara..tJouJevard. Collier
County, Florida.
OBJECTIVE: That the Ek>ard of County Commissioners (lioard) approve the partial release of
a code enforcement board lien for payment of $1.,394,ast02592 Santa Barbara Boulevard
only, in relation to the Code Enforcement Board ("CEB'l.action entitled Board of County
Commissioners vs. Francisca Alas, CEB case No. 2007..49.
CONSJQ~ TIONS: On June 18, 2007, the ces foundFra~sca Alas (Respondent) in
violation 6f the Collier County Code of Laws and Ordinances relating to property located at 2575
53rd Street SW for improvements of property without valid Collier' County Building Permits" A
written order was recorded on June 29, 2007 at O.R. Book 4251, Page 0913.
Based on the above order, the' CES entered a lien order, which was recorded on October 8.
2007, at O.R. Book 4289, Page 3955, of the Official Public Records of Collier County. The lien
encumbers aU real and personal property ow~ by Francisca Alas. induding 2592 Santa
Barbar,. Boulevard. The property containing the violation (Le., 2575 53nf Street SW) was never
brought into compJiance by Respondent Alas.
LaSatle Sank, who acqJ,Jired 2592 Santa Barbara Boulevard through foreclosure on July 28,
2008, sued the County in a "re-fo",closure" action in December 2008 (Case No; 08-9869-CA),
to foreclose the County's lien. The County filed a counterclaim, asserting the priority of.its lien.
Inorder.to avoid continued litigation, LaSalle Bank (through Welts Fargo Home Mortgage) has
submitted payment in the amount of $1 ,394, repre~ting operational costs of $849, $250 in
fines, and reimbursement of the County's counterclaim fee of $295. In exchange for this
payment, they are requesting a waiver of $131,150 jn accrufKi fines and partial rele.-of the
lien <as to 2592 Santa Barbara only), along with joint dismissal of the "re--forecl.osure" action.
F"C~b l'fPACT: This proposed settlement recoups all County hard costs. If approved by the
Board, accrued fines in the amount of $131,150 will be waived as to 2592 Santa Barbara, but
the nen <and accrued fines) would continue to encumber all real and personal property.owned
by the Respondent.
GROWTtI MANAG"MENfIMPACT: There is no growth. manag**"ent imped associated with
this Executive Summary. . .
LEGAL CONSIDERATIONS: If approved, thistien will. be partially releasedas.to .'25~2Santa
BarbaraSou1evard only. The lien will continue to encumber (and maybefoJ'f!closed~~in$t)
other non-homestead.properties.that are owned by Francisca Ala$(tA&.orlginal codeviOJator).
This item is legally sufficient for Board action, and requiresamajorityVoteforapproval...JW
REC~"~NOA',f.ON: That the Board waive the fines and~aUy rel.~ the l.ien,as
described herein, and by approval of this item, autt;lori:zethe Cnairman to sign the aftacn$d
partial release.
PREPA~EO BY: Jet! E. Wright, Assistant Oounty Attorney
ArT ACMMENT: Partial Hen relea~e
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3/8/20111tem 16.K.3.
o
caLLIER COUNTY
B~ofCounty Comml$$ifmers
Item Number: 16.K.3.
Item Sl.t..ary: Recommendation to approve th~part~lreleilSe~lienJn the Code
Enforcement Actions entitled Board of County Commissioners vs.Franei. Alas, Code
Enforcement Board Case No. 2007-49, relating to propertyloeatedat 2S9.2Silmta8arbara
Boulevard, CoUler County, Florida.
Meeting Date: 3/8/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Se~,CountyAttomey
2/22/20119:14:56 AM
Approved By
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Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 2/24/2011 11: 18:46 AM
Name: Greenw81dRandy
Title:. M:~ementIB~dget Analyst,Office of Management & B
Date: 2/24/20 III :30:40 PM
Name: KlatzkowJeff
Title: CountyAttorney,
Date: 2/24/20112:56:18 PM
Name: SheffieldMichael
Title.: Manager-ausiDess Operations, CMO
Date: 2/24/20113:31:47 PM
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3/8/2011 Item 16.K.3.
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This Instrument Prepared By:
Jeff E. Wright ,Assistant County Attorney
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples, FL 34112
(239) 252-8400
PARTIAL RELEASE 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:
Francisca Alas, Respondent
The lien was recorded on October 8,2007, in Official Records Book 4289, Pages 3955-
3956, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of five thousand five hundred forty-nine dollars, plus accrued penalties.
Collier County, a political subdivision of the State of Florida, by execution of this Partial
Release of Lien, acknowledges partial payment and hereby cancels and releases the
lien in relation to the following property only.
The North 44.66 feet of Lot 1 and the South 45 feet of Lot 2, Block 225,
GOLDEN GATE UNIT 6, according to the map or plat thereof as recorded
in Plat Book 5, Page 124 to 134, inclusive, Public Records of Collier
County, Florida
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(aka 2592 Santa Barbara Boulevard, Collier County, Florida)
Folio No. 36323880007
The Board of County Commissioners hereby acknowledges that the lien ceases to exist
as to the above described property only, and that the lien shall remain in full force and
effect with respect to all other real and personal property owned by Respondent.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Partial
Release of Lien, by action of the Board on this day of
,2011.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairman
Deputy Clerk
--.
right
County Attorney
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