Agenda 05/24/2011 Item #16B45/24/2011 Item 16.6.4.
EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency (CRA) accept the
conveyance of County -owned property (mobile home sites) within the boundaries of the
Bayshore /Gateway Triangle Redevelopment area to enact the residential infill provision of
the CRA's Master Redevelopment Plan; authorize CRA Chairman to sign HUD Settlement
Statement; direct CRA staff to record an executed Statutory Deed from the County; and
approve payment and authorize the CRA Executive Director to make payment from the
Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses necessary to close the
transaction and insure clear title of same: Site Addresses 3000, 3152 & 3205 Karen Drive.
Fiscal Impact to Fund 187: $41,642.18 (Companion to Item No. 16 E12).
OBJECTIVE: Recommendation that the Community Redevelopment Agency (CRA) accept the
conveyance of County -owned property (mobile home sites) within the boundaries of the
Bayshore /Gateway Triangle Redevelopment area to enact the residential infill provision of the
CRA's Master Redevelopment Plan; authorize CRA Chairman to sign HUD Settlement
Statement; direct CRA staff to record an executed Statutory Deed from the County; and approve
payment and authorize the CRA Executive Director to make payment from the Bayshore
Gateway Triangle CRA Fund 187 for all cost and expenses necessary to close the transaction and
insure clear title of same: Site Addresses 3000, 3152 & 3205 Karen Drive.
BACKGROUND: The CRA works with the Collier County Code Enforcement Department and
the Collier County Sheriff's Office to address the redevelopment area that was once known for
high crime rates and multiple code enforcement problems.
Collier County acquired properties located at 3000, 3152 & 3205 Karen Drive as a result of
penalties and abatement costs levied against the properties by the Collier County Code
Enforcement Department. Ultimately, a Final Summary Judgment of Foreclosure was recorded
on December 30, 2010, in O.R. Book 4637, Pages 3256 -3260 of the Public Records of Collier
County, Florida and Certificates of Title were recorded on March 2, 2011 in O.R. Book 4656,
Pages 2829 -2832 and Pages 2850 -2851, respectively, conveying the property to Collier County.
The CRA and County staff met to discuss the conveyance of the County -owned property to the
CRA and concur it is in the best interest of Collier County, and in particular of the residents of
the Bayshore area, for the CRA to acquire the properties to enact the residential infill provision
of the CRA's Master Redevelopment Plan. Replacing substandard or blighted mobile homes
with new construction of a higher quality home within the Coastal High Hazard Area (CHHA)
implements the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative and
increases the resident's quality of life.
The Bayshore Gateway Triangle CRA Local Advisory Board met on March 8, 2011 and
unanimously voted to forward their recommendation of approval to acquire the subject properties
to the CRA Board subject to the following provisions:
1. CRA agrees to reimburse the County for any associated costs incurred by the County
Code Enforcement Department to eliminate the Code violations in the amount of
$18,178.37, and the CRA assumes any and all outstanding property taxes and special
1
Packet Page -1082-
5/24/2011 Item 16.13.4.
assessments (fees estimated at $23,463.81 and may vary slightly depending on date of
closing).
2. The BCC waives any code enforcement penalties levied against the property that are not
associated with costs incurred by the County Code Enforcement Department to eliminate
the code violations.
Pursuant to Florida Statute 163.358 - "Exercise powers in carrying out community
redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute
163.370 - "Powers; counties and municipalities, community redevelopment agencies" -
delineates other powers necessary to carry out the purchase of property.
BCC Resolution No 2000 -82 made a "finding that a blighted area exists" in the Bayshore
Gateway Triangle area and that conditions are present in the Area that are detrimental to the
sound growth of the county and which substantially impair or arrest the growth within the area
and present conditions and uses in the area that are detrimental to the public health, safety,
morals and public welfare.
BCC RESOLUTION No. 2000 -181 adopted a community redevelopment plan to correct
deficiencies. The applicable Redevelopment Master Plan sections cite:
1. Neighborhood Focus Program
• Acquisition of vacant and dilapidated sites (page IX -6)
• Demolish dilapidated and unsound buildings (page IV -20)
2. Bayshore Neighborhood Focus Initiative (NFI):
■ Site acquisition and infill housing (Illustration IX -14)
■ New multifamily & single family housing (Illustration IX -14)
CONSIDERATIONS: The County and CRA staff concur that the conveyance of the mobile
home sites owned by the County and desired by the Collier County Community Redevelopment
Agency for the use of residential in -fill serves in the best interest of Collier County, and in
particular of the residents of the Bayshore area and is in accordance with Florida Statute 125.38
and the intent of BCC RESOLUTION No. 2000 -181 established to promote community
redevelopment.
FISCAL IMPACT:. Sufficient budget exists within the FYI I Bayshore Gateway Triangle Fund
(187) to fund this acquisition. The total cost of acquisition is estimated at $41,642.18. Funds in
the amount of $18,178.37 will be dispersed to Code Enforcement Department Fund (I 11) for
code abatement costs. The associated cost and expenses to complete the acquisition are estimated
at $23,463.81 based on the settlement statement to cover costs associated with title insurance,
survey, delinquent and current property taxes and assessments, attorney fees, closing services
and recording fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. -JW
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
2
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5/24/2011 Item 16.13.4.
within the County, including the Bayshore Gateway Triangle CRA. This property is a part of a
targeted Neighborhood Focus Initiative and the conveyance is consistent with the Bayshore
Gateway Triangle Redevelopment Plan.
RECOMMENDATION:
That the Community Redevelopment Agency Board:
• Authorize CRA Chairman to sign HUD Settlement Statement
• Accept the conveyance of County-owned land and direct CRA staff to record a
Statutory Deed from the County in the public records of Collier County, Florida.
• Authorize the CRA Executive Director to make payment in the amount of $18,178.37
to Code Enforcement Department Fund (111- 138911) for reimbursement of code
abatement costs and to make payment of all associated cost and expenses necessary to
close the transaction from CRA Fund (187).
Prepared by: Jean Jourdan
Project Manager
Bayshore /Gateway Triangle CRA
Packet Page -1084-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.6.4.
5/24/2011 Item 16.6.4.
Item Summary: Recommendation that the Community Redevelopment Agency (CRA)
accept the conveyance of County -owned property (mobile home sites) within the boundaries of
the Bayshore /Gateway Triangle Redevelopment area to enact the residential infill provision of
the CRA's Master Redevelopment Plan; authorize CRA Chairman to sign HUD Settlement
Statement; direct CRA staff to record an executed Statutory Deed from the County; and
approve payment and authorize the CRA Executive Director to make payment from the
Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses necessary to close the
transaction and insure clear title of same: Site Addresses 3000, 3152 & 3205 Karen Drive. Fiscal
Impact to Fund 187: $41,642.18 (Companion to Item No. 16E12).
Meeting Date: 5/24/2011
Prepared By
Name: jourdanj
Title: Project Manager,
5/12/2011 9:23:16 AM
Submitted by
Title: Project Manager,
Name: jourdan_j
5/12/20119:23:18 AM
Approved By
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 5/12/2011 12:50:27 PM
Name: JacksonDavid
Title: Executive Director, CRA,
Date: 5/12/20114:25:16 PM
Name: KlatzkowJeff
Packet Page -1085-
Title: County Attorney,
Date: 5/13/2011 10:51:29 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/13/2011 11:02:33 AM
Name: IsacksonMark
5/24/2011 Item 16.13.4.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/20112:35:17 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/20112:59:08 PM
Packet Page -1086-
5/24/2011 Item 16.6.4.
A. U.S. Department of Housing
and Urban Development
Settlement Statement
B. Type of Loan a�au
1. I ] FHA 2. [ ] FMHA 3. [ ] Conv. Unins.
4. ] VA 5. Cony. Ins.
S. File Number
1103585
7. Loan Number
8. Mortgage Ins. Case No.
C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement
Boom are shown. Items marked ( "POC') were paid outside the closing: they are shown here for information
L I in the
D. Name of Borrower: Collier County Community Redevelopment Agency, 4069 Bayshore Drive, Naples,
FL 34112
E. Name of Seller: Collier County, Florida, a political Subdivision of the State of Florida, 3299
Tamiamf Trail East, Harmon Turner Building, 8th Floor, Naples, FL 34112
F. Name of Lender:
G. Property Location: of Section 23, Township 50 South, Range 25 East. Collier County, Florida; of
Section 23, Township 50 South, Range 25 East, Collier County, Florida; of
Section 23, Township 50 South, Range 25 East, Collier County, Florida
Karen Dr., Naples, FL 34112; 3152 Karen Dr., Naples, FL; 3205 Karen Dr.,
Naples, FL
H. Settlement Agent: Stewart Title Companv(239) 262 -2163 TIN: 740923770
Place of Settlement: 3936 Tamfami Trail N., Suite A, Naples, FL 34103.3592
1. Settlement Date: 5/27/2011 Proration Date: 5/27/2011
:
M
400. Gross amount due to seller:
100. Gross amount due from borrower:
101. Contract sales price 3205 Karen Drive
7,103.48
401. Contract sales price 3205 Karen Drive
7,103.48
102. Personal property
402. Personal property
103. Settlement charges to borrower (line 1400)
23.463.81
403.
104. Contract sales price 3000 Karen Drive
4,991.98
404. Contract sales price 3000 Karen Drive
q,gg1 --
105. Contract sales price 3152 Karen Drive
6,082.91
405. Contract sales price 3152 Karen Drive
6,082.81
....,
106. City/town taxes
-�•
-
406. City/town taxes
107. County taxes
407. County taxes
108. Assessments
408. Assessments
109.
1409.
110.
410.
111.
411.
112.
412.
120, Gross amount due from borrower:
41,642.16
420. Gross amount due to seller:
18,178.37
201. Deposit or earnest Money
mp t
801. Excess deposit (see instructions
202. Principal amount of new loans)
502 Settlement charges to seller (line 1400)
0.00
203. Existing loans taken subject to
503. Existing loans taken subject to
204•
504. Payoff of first mortgage Wan
205•
505. Payoff of second mortgage loan
205.
506.
207•
507.
208.
508•
209. Internal Transfer to Code Enforcement Fund
18,178.37
509. Internal Transfer to Code Enforcement Fund
18,178.37
A'$ iontgeld[Sy
210. Clt /town taxes
510. Cityltown taxes
211. County taxes
511. County taxes
212. Assessments
512. Assessments
213.
513.
214.
514.
215•
515,
216.
516.
217.
517.
218.
518.
219.
519.
220. Total paid by /for borrower:
18,178.37
520. Total reduction In amount due seller:
18,178.37
31f r ..Qntifom�ta'br+�ower���' �
301. Gross amount due from borrower (line 120 )
a �
•f
41,642.18
601. Gross amount due to seller (line 420)
18,178.37
302. Less amount paid by /for borrower (line 220)
18,176.37
602. Less total reduction in amount due seiler(line 520)
18,178.37
303. CASH (X)FROM ()TO BORROWER
23,463.81
603. CASH ()FROM ()TO SELLER
000
- - - - - - - - - - - -- - - -- - - - - --- - -•--- • -• -•- • • ••� •• •� •••�••�• .v,,.r.,, =� ,,, �wv c, u, n aria r ono on iris 4u1 (or, if fine 4ut Is astensxed, lines 403 and 404), 06. 407 and
408.412 (applicable part of buyer's real estate tax reportable to the IRS) Is important tax information and Is being furnished lathe Internal Revenue Service, a you are required to file
a return, a negligence penalty or other sanction will be Imposed on you if this Item is requited to be reported and the IRS determines that it has not been reported.
SELLER INSTRUCTION - 0 this reel estate was your principle residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return; for other
transactions, complete the applicable parts of form 4797, Form 6252 and/or Schedule D (Form 1040).
You are regwrea Dy law to prowoe blewart 1 tae uompany1zj9) zee -n 6J with your correct taxpayer ioermicaaon number.
If you do not provide Stewart Title Company(239) 262.2163 with your correct taxpayer identification number, you may be subject to civil or criminal penalties.
Collier County, Florida, a political Subdivision of the State of Florida
Packet Page -1087-
5/24/2011 Item 16.13.4.
700. Total salowbroker commin on V Paid From
Division of commission line 700 n follows: Bonowers
701• 5 Funds at
702.. S Sa0lemanl
Paid From
Sseses
Funds at
Settlement
703. Commission paid at Settlement
704.
705.
801. Loan orginalion tea
802. Loan discount
$03. Appraisal lee
804. Credit report
005. LeMst's Inspection fee
806. Mon insurance application fee
$07. Assumption fact
806.
800.
810.
811,
012.
813.
914.
816,
.act... ,3
901. Interest from
902. Mortgage Insurance premium tot
903. Hazard Insurance premium for
004.
Ml- VA - Fundl Fee
1001. Hazard insurance
1002. Mortgacte insurance
-
1003. city property taxes
1004. .County property lease
1005. Annual annemema (mint.)
1006.
1007.
1006.
1000. ftgreqats Adjustment
J, ;;.,
1101. Settlement or closing In to Stewart Title Company
175.00
1102. Abelracl or Illle search to Stewart Title Company
375.00
1103. TBIeamminalion
1104. Title Insurance binder
1105. Document prefurallon
1106. Notary tsar
1107. Allome 's fees to
Mildest above Items no.:
1108. Title Insurance to Stewart Tile company
100.00
includes above Items no.:
1109. Lenders coverage
1110. Owners average $18,178.37 $1110.00
1111. Endorsements
1112. FL Form 9 Endorsement
1113.
1114.
1115.
. :''lSldJermaant 190
__
1201. Recording lose: Deed $18.50 -
18.50
1202. Clivicounty Intalamps:
1203, State tay/sta Deed 1727.40
127.40
1204, Record Death CeniBcate to Clark of the Circuit Court
10.00
1205. Record Helene City to Clark of the Circuit Court
18.50
1208, Record Helene County to Clerk of the Circuit Court
92.50
-w,r 1.
*'';?H
1301. Survey - to Benchmark Land Services. Inc.
975.00
1302. Pest inspection to Stewart Tills Company
5.00
1303. 3152 Karen/Past due Properly Tax to Collier County Tax Collector
4.012.31
1304. 3205 Karen/Pasl due Property Tax to Collier County Tax Collector
3,019.47
1305. 3000 Karen/Past due Properly Tax to Collier County Tax Collector
3.082.58
1305. 3152 KarenlWater to City of Naples
6,406.96
1307, 32D5 Karen/Water to City of Naples
3,163.41
1308: < 3000K'aren/Water to City of Naples
+- 111302.96
-
1309, Peo semen Search >10 - Stewart Title Company
: :3.90.
1310. <:. Federal E mss to:.'Ste"" Tills Company
40.00
1311 . -: 3152 Karen/Eml- Soulh -Sewer to: I Board of County Commissioners
778.44
S'
1312.- - 3205 Karsn/Eaat- SoUIH_Berver to Board of County YCommissioners '
: 178,44'
^ ' -
1313.: "3000 KarervEast -South Sewer to: :Board of County Commissioners -' -
17844
1400. Total settlament charges entered on lines 1 D3, sectlon J and 502, section K
23,463.81
0.00
CERTIMCATION:I hove arMUlly reviewed the NUO.1 Settlement Stabomant and to On beg of my knowledge and better, K le a we and accurate aleleraent of MI rsea
and d'aburaemenis mad. en my aeoount or by - in INe iransaclion. I further verity that I have received a copy of HUD-t Settlement Slgement
SEE ATTACHED SIGNATURE PAGE.
To the beg of my knowledge, the HUD -1 Settlement Slgemanl which I have prepared Is a Irue and accurate acccunt of the funds which sere received and have been or M11 b
disbursed by the undersigned a pan of the settlement or this tranaacaon.
Sleaen TNie Company Din
WARMNG: It Is a erine to knowingly mike fain ggsmems to the United Subs on this or any other simper torm. Psnalllee upon oonvletion an Include a an* and
knpriWnmoN. For deteile see: Title 19: U.$ Cpoe Section 1001 and Section 1010.
Packet Page -1088-
5/24/2011 Item 16.13.4.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
M
Deputy Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
COLLIER COUNTY, FLORIDA
JIM COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
By:
Jeff E. Wright %
Assistant County Attorney
Packet Page -1089-
INSTR 4510846 OR 4637 PG 3256 RECORDED 12/30/2010 9:12 AM PAGES 5 5/24/2011 Item 16.6.4.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $44.00
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
COLLIER COUNTY, FLORIDA,
A political Subdivision of the State of Florida,
Plaintiff,
V.
JEAN CLAUDE MARTEL (a.k.a. CLAUDE
MARTEL), and any tenants/persons in
possession, and any unknown heirs, successors,
assigns, devisees, grantees, creditors It
unknown persons or unknown sp itg
through and under the above-n, efendant,
THIS ACTION came befor ourt on D
SUMMARY JUDGMENT for forec r� d the
and other evidence of record, and having
in the premises, finds as follows:
CASE NO. 14- 720 -CA
CCIt 1.!ER CL7Ui•JTY, FLORII?P
on Plaintiffs MOTION FOR
the pleadings, affidavits,
and being otherwise fully advised
A. Service of process has been properly secured upon all Defendants and the Court has
Jurisdiction over the parties and over the subject matter of this action.
B. Defendant, JEAN CLAUDE MARTEL, is the record owner of the Subject Properties
(as further described in Paragraph E, below) in this lawsuit.
C. The County's interest in the code enforcement liens that are the subject of this action is
paramount and superior to any right, title, interest, claims, Iiens, encumbrances, and equities of the
Defendants, JEAN CLAUDE MARTEL (also known as CLAUDE MARTEL), and all persons
claiming any interest in the Subject Properties (as further described in Paragraph E, below) since the
filing of the Lis Pendens.
D. A certified copy of the Order imposing Fine /Lien ( "Orders ") rendered by the Collier
County Special Magistrate was properly recorded in the Official Public Records of Collier County,
Florida, at O.R. Book 4236, Pages 962 -963, and this constitutes a valid lien upon the Subject Property-
Packet Page -1090-
OR 4637 PG 3257
E.
i
i
5/24/2011 Item 16.6.4.
Pursuant to § 162.09(3), Florida Statutes, the Order imposed an enforceable lien against
the following property (the "Subject Properties"), described as:
PROPERTY #1: Lot 37, Tarpon Mobile Homes, more particularly described as follows:
Beginning at the Northeast corner of Lot 100, Naples Groves and Truck Co.'s Little
Farm Number 2, according to the Plat in Plat Book 1, page 27, of the Public Records of
Collier County, Florida; thence South 009150" West 337.8 feet; thence North 8902710"
West 480 feet to the Point of Beginning; thence North 0 09110" East 139 feet thence South
8902710" East 60 feet; thence South 00910" West 139 feet; thence North 8902710" West 60
feet to the Point of Beginning, Collier County, Florida
Also known as 3152 Karen Drive, Naples, Florida 34112 (Folio No. 61839680009);
PROPERTY 42:
The North 50 feet of the East 155 feet of the South % of Lot 138, Naples Grove and Truck
Company's Little Farms #2, as r 'n k 1, page 27, Public Records of
Collier County, Florida. (no Iq do No. 61843840000)
PROPERTY 03:
Lot 428 of Tarpon Mob
Northwest corner of Lol
according to Plat Book
Thence S 0 009100" W 3
Thence S 89 027'00" E 6'
thence S 0 09'00" W 139
Also known as 3000 Karen
PROPERTY #4:
Point of
i 'bed as: Beginning at the
's ittle Farms No. 2,
C llier County, Florida:
�rf , to Point of Beginning.
ence E 89 026'40" W 60.0 ft.,
No. 61839560006); and
Lot 18 Tarpon Mobile Homesites, more particularly described as follows: Beginning at
the Northeast corner of Lot 100 N.G. & T. Co. Little Farms No. 2 Subdivision, according
to Plat Book 1, page 27, Public Records of Collier County, Florida. Thence North
89126'40" West 300 feet, to point of beginning, thence South 0 °09'00" West 139 feet,
thence South 89 026'40" East 60.0 feet, thence North 0 09100" East 139 feet, thence North
89 026140" West 60.0 feet, to the point of beginning.
Also known as 3205 Karen Drive, Naples, Florida 34112 (Folio No. 61840280003); and
G. There are no other liens recorded against the Subject Properties, which liens are
superior to code enforcement liens.
H. Plaintiff, Collier County, has incurred costs in the prosecution of this action in the
amount of $7,204.00 (representing contractor costs plus filing fees). See the Affidavit of Diane Flagg
(Exhibit B to the Motion). In addition, Plaintiff will expend $280 in costs for foreclosure processing
($70 per sale, for four sales). These costs, combined, equal $7,484.
2
Packet Page -1091-
OR 4637 PG 3258
K.
L.
•
5/24/2011 Item 16.6.4.
Default was entered against Defendant JEAN CLAUDE MARTEL on May 18, 2010.
As to each Defendant, there are no genuine issues of material fact, and Plaintiff, Collier
County, is entitled to a judgment in its favor as a matter of law; accordingly, it is
ORDERED AND ADJUDGED that Plaintiffs Motion for Summary Judgment for foreclosure
against Defendant JEAN CLAUDE MARTEL, and any person claiming an interest in the Subject
through him, is hereby GRANTED and a Final Summary Judgment for Foreclosure ( "The Judgment")
is hereby entered in accordance with the following terms:
1. As of December 10, 2010, there is due and owing from Defendant, JEAN CLAUDE
MARTEL, to the Plaintiff, the accrued sum of the code enforcement lien which equals $401,921.45,
for which let execution issue. -
2. Plaintiff, Collier County, is o (h� incurred in this action, pursuant to
§ 162.10, Florida Statutes, in the amo .� 84. �T
3. Plaintiff has a code f ien as a securi intemst to secure the payment of the
aforesaid sums against the Subje t Pr Parties. s li s are or paramount, and superior to all
rights, claim, liens, interest, en q i ie o t e f nd is and all persons or entities
claiming by, through, or under of E'
4. Unless the Defen shall, at any time r o le of the properties described
herein, pay to Plaintiff the total su 9,405.45, with int that a rate prescribed by law and the
aforesaid costs and fees, the Clerk of ' . notice as required by law, shall sell
E C1
each of the Subject Properties at four (4) se is sales on (1) �RBR ,A,r ru_
2011, at u� o'clock; (2)TiR_�Fl rtl�. I{o , 2011, at � 4'c1oCk;
(3) u ,&% I _, 2011, attl.�la,.. o'clock; and (4) fte 2011, at
w.w o'clock to the highest and best bidder(s) for cash, in the First Floor Lobby, Atrium area of the
Collier County Courthouse, Naples, Collier County, Florida, in accordance with § 45.031, Florida
Statutes. The Subject Properties shall be sold free and clear of all right, title, interest, claim, lien,
encumbrance, remainder reversion, homestead, dower, or equity of redemption whatsoever of the
D: fendants named herein, and all persons or entities claiming interest in said properties, as of the date
of filing of the Notice of Lis Pendens.
5. Plaintiff is hereby given leave to bid at all four sales and apply against any debt made
by it, the amount found to be due Plaintiff in this Judgment. Section 45.031(2), Florida Statutes,
requires that the high bidder post with the Clerk a deposit equal to Five Percent (5 %) of the final bid.
In the event that a successful bidder fails to place the requisite deposit in accordance with Florida
3
Packet Page -1092-
OR 4637 PG 3259 5/24/2011 Item 16.6.4.
• • ov
Statutes with the Clerk, t bid ig Yeid md the We shell go to the mood hiL&st bidden whorshall
it. However, if the Plaintiff is the
successful bidder, it is excluded from the deposit requirement.
6. Out of the proceeds arising from the sale of the property, the Clerk shall retain his fees
and shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the
costs as determined herein; second, documentary stamps affixed to the Certificate of Sale; third, the
total sum due to Plaintiff as set forth in this final judgment, plus interest at the rate prescribed by law
from this date to the date of sale. If the Subject Properties shall sell, individually or collectively, for
more than enough to pay the above - mentioned sums with interest, the Clerk shall retain the surplus
and report to this Court for the Court to further order. The Clerk of the Court shall hold the surplus in
the registry of this Court. Thereafter, upo ce nt of hearing to all parties, the Court will
adjudicate the rights hereto accordin l d equity. le �
7. Upon the sales bei g h rdance with pt 45 of the Florida Statutes, and
upon the Clerk filing Certificate of ale and tes o Title, he ales shall stand confirmed and
title shall pass fully and compl ely o e h e d 'n e e ificates of Title free and clear
of any right, title, interest, esta o de n �r e Defendants or any person
claiming, by, through, or under o any person cl -� est in the Subject Properties,
and the purchaser at the sale shall �t�-to possession of t rty. Further, any and all persons
whosoever claiming against the Subjec fo$ r=ofthis'�Court, liens or other interest unrecorded
as of the date of the filing of Lis Pe dens wt c shall be forever barred from
asserting any such liens or other interest any such liens or other interest shall be discharged forever, in
accordance with Florida Statutes.
8. This Court retains jurisdiction of this cause for purposes of making all other orders and
judgments as may be necessary and appropriate herein, including, but not limited to, writs of
assistance determining claims to any surplus and granting such other relief as may be appropriate.
Section 162.09(3), Florida Statutes (2010), does not provide for entry of a deficiency judgment in
favor of the Plaintiff in the event that the proceeds of the sale of the property are insufficient to pay the
amounts due and owing Plaintiff pursuant to this Judgment. The Clerk is hereby authorized to issue a
VA rit of Possession for the premises after filing of Certificate of Title upon request of Plaintiff and the
Sheriff is hereby authorized to serve the Writ of Possession.
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* ** OR 4637 PG 3260 * ** 5/24/2011 Item 16.6.4.
DONE AND ORDERED at Naples, Florida, this % 7-day of December, 2010.
TPE r
NORABLE CYNTHIA A. PIVACEK
C rcuit Court Judge
Conformed copies to:
QV' Mr. Claude Martel
r3 ` 3I90 Karen Drive
r/ Naples, Florida 34112
Jeff E. Wright
Assistant County Attorney
3299 Tamiami Trail, East RR C0
Harmon Turner Building, 8 F
Naples, Florida 34112
Bookkeeping
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INSTR 4531471 OR 4656 PG 2831 RECORDED 3/2/2011 10:31 AM PAGES 2 5/24/2011 Item 16.13.4.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOCO.70 $0.00 REC 518.50
CONS $5,100.00
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
COLLIER COUNTY, FLORIDA,
A political Subdivision of the State of Florida,
Plaintiff,
V.
JEAN CLAUDE MARTEL (a.k.a. CLAUDE
MARTEL), and any tenants /persons in
possession, and any unknown heirs, successors,
assigns, devisees, grantees, creditors, a
unknown persons or unknown
through and under the above -n sp efendant,
The undersigned, DWIGHT E.
a Certificate of Sale in this acti February
objections to the sale have been 'thin the time
The following property in Collier Florida:
CASE NO. 10- 720 -CA
PROPERTY
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cn
reifies that he executed and filed
�y described herein, and that no
objections.
PROPERTY 43: Lot #28 of Tarpon 1�'[ b ��ro�veapnd rticularly described as:
Beginning at the Northwest corner of Lot Truck Co.'s Little Farms No. 2,
according to Plat Book 1, page 27, of the Public Records of Collier County, Florida: Thence S
0 009100" W 337.9 ft, thence S 89 127100" E 296.81 ft., to Point of Beginning. Thence S 89027100"
E 60.0 ft., thence N 0 09'00" E 139.0 ft., thence E 89°26140" W 60.0 ft., thence S 009'00" W 139.0
ft., to Point of Beginning.
Also known as 3000 Karen Drive, Naples, Florida 34112 (Folio No. 61839560006); and
was sold to
COLLIER COUNTY, FLORIDA, A political subdivision of the State of Florida,
c/o Office of the Collier County Attorney, 3299 Tamiami Trail, East, Harmon Turner Building, 8"'
Floor, Naples, Florida 34112.
Bid amount: $5,100.00
WITNESS my hand and seal of the court on March 1, 2011.
DWIGHT: E. CROCK,
Clerk of the''Cii'ciut'Caurt' ,
I3e u C1etk
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* ** OR 4656 PG 2832 * **
Cnnformed copies to:
l i Mr. Claude Martel
?J -� v 3190 Karen Drive
X115 Naples, Florida 34112
Jeff E. Wright
Assistant County Attorney
3299 Tamiami Trail, East
" Harmon Turner Building, 81h Floor
Naples, Florida 34112
5/24/2011 Item 16.6.4.
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5/24/2011 Item 16.6.4.
The 2oo6 Florida Statutes
Title XI Chanter 125 View Entire
COUNTY ORGANIZATION AND COUNTY GOVERNMENT Chanter
INTERGOVERNMENTAL RELATIONS
125.38 Sate of county property to United States, or state. - -If the United
States, or any department or agency thereof, the state or any political
subdivision or agency thereof, or any municipality of this state, or
corporation or other organization not for profit which may be organized for
the purposes of promoting community interest and welfare, should desire
any real or personal property that may be owned by any county of this state
or by its board of county commissioners, for public or community interest
and welfare, then the United States, or any department or agency thereof,
state or such political subdivision, agency, municipality, corporation or
organization may apply to' the board '' of county commissioners for a
conveyance or lease of such property. Such board, if satisfied that such
property is required for such use and is not needed for county purposes,
may thereupon convey or lease the same at private sale to the applicant for
such price, whether nominal or otherwise, as such board may fix, regardless
of the actual value of such property. The fact of such application being
made, the purpose for which, such property, is to be used, and the price or
rent therefor shall be set out in a resolution duty adopted by such board. In
case of a lease, the term of such lease shall be recited in such resolution.
No advertisement shalt be required.
History. - -s. 4, ch. 23829, 1947.
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