Agenda 02/23/2010 Item #16A 4
EXECUTIVE SUMMARY
Agenda Item No. 16A4
February 23, 2010
Page 1 of 8
Recommendation to accept a proposed settlement providing for Partial Release of Liens in
the Code Enforcement Actions entitled Collier County v. Tatiana Tannehill, Code
Enforcement Special Magistrate Case Nos. 2007050876, CENA20080005725, and
CENA20080010020, for payment of $7,041.25, to release property known as 2263 Sprnce
Street (parcel ID 5]693320007), located within Collier County, Florida, from these liens.
OBJECTIVE:
That the Board of County Commissioners ("Board") accept a proposed settlement agreement
with Wells Fargo Bank, owner by foreclosure, to release three Code Enforcement Liens
encumbering 2263 Spruce Street for payment of$7,041.25,
CONSIDERATIONS:
As a result of code violations at 2121 41st Terrace SW, and 4544 Fluvia Ave., the Code
Enforcement Special Magistrate ordered the imposition of liens against the owner, Tatiana
Tannehill ("Tannehill"), in Special Magistrate Case Nos. 2007050876, CENA20080005725, and
CENA20080010020. These "Lien Orders" were recorded in the Official Public Records at OR
Book 4485, Page 342; OR Book 4455, Page 1600; and OR Book 4455, Page 1881, respectively,
and the liens encumber all real and personal propt;rty owned by Tannehill.
Tannehill also holds title to other real property in Collier County. On May 5, 2009, Wells Fargo
Bank obtained title to property known as 2263 Spruce Street, which was owned by Tannehill,
through foreclosure. Because the County held the above-described encumbrances against
Tannehill, the County has taken the position that these liens survived the foreclosure and are
superior to Well Fargo's mortgage interest in this foreclosure case.
Wells Fargo has offered a settlement amount, which represents the calculated "pro rata" value of
the Order Imposing Lien encumbering 2263 Spruce Street relative to other properties owned by
Tannehill, in exchange for the release of the liens with respect to this property.
If approved, the liens would be released with respect to 2263 Spruce Street, but will continue to
encumber all other (non-homestead) real and personal property owned by Tannehill. Currently,
this includes five non-homestead properties located in Collier County. There are no pending
violations at 2263 Spruce Street.
FISCAL IMPACT:
Wells Fargo has provided payment of $7,041.25, representing the proposed settlement amount.
as a good faith commitment to this agreement, and this payment is currently being held by the
Code Enforcement Department pending resolution ofthis agenda item. The balance on the three
liens would be reduced by $7,041.25 (to $74,358.75), and the lien would continue to encumber
all real and personal property owned by Tannehill, or her succesors, except 2263 Spruce Street.
GROWTH MANAGEMENT IMP ACT:
There is no growth management impact associated with this Executive Summary,
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
Agenda Item No. 16A4
February 23,2010
Page 2 of 8
RECOMMENDATION:
That the Board of County Commissioners accept the proposed settlement offer from Wells Fargo
Bank, and authorize the Chairman to sign the attached Partial Releases of Lien,
PREPARED BY:
Marlene Serrano, Code Enforcement Operations Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A4
February 23, 2010
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A4
Recommendation to accept a proposed settlement providing for Partial Release of Lien in the
Code Enforcement Action entitled Collier County Board of County Commissioners v. Tatiana
Tannehill.
2/23/2010 9:00:00 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Date
Code Enforcement
21512010 2:36:S0 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
215/2010 2:45 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
218120103:42 PM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Date
Code Enforcement
218120104:40 PM
Approved By
Nick Casalangulda
Transportation Division
Director- Transportation Planning
Date
Transportation Planning
219120102:50 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
219120103:08 PM
OMB Coordinator
County Manager's Office
Date
Office of Management & Budget
219120103:09 PM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
2/13/2010 2:08 PM
Agenda Item No. 16A4
February 23, 2010
Page 4 of 8
This instrument prepared by:
JeffE. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
PARTIAL RELEASE OF LIEN
This is to certify that the claim of lien ("Lien") arising out of the Order of the
Special Magistrate dated August 7, 2009, a certified copy of which was recorded on
August 21, 2009, in OK Book 4485, Page 342, of the Public Records of Collier County,
Florida, against all real and personal property located in Collier County, owned by
Tatiana E. Tannehill, has been partially discharged, only with respect to the following
property:
Folio no.:
Reference:
2263 Spruce Street, Collier County, Florida
LOT 12, BLOCK I, INOMAH SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 82, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
51693320007
OSM Case No. 2007-050876
Address:
Legal description:
The undersigned is authorized to and does hereby partially release this
Lien, and consents to this Lien being discharged of record with respect to the
above-described property.
Dated this
day of
,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W, COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
to
right
t County Attorney
Agenda Item No. 16A4
February 23, 2010
Page 5 of 8
This instrument prepared by:
JetTE. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples. Florida 34104
(239) 213-2939
PARTIAL RELEASE OF LIEN
This is to certify that the claim of lien ("Lien") arising out of the Order of the
Special Magistrate dated May 1,2009, a certified copy of which was recorded on May 23,
2009, in O.R, Book 4455, Page 1600, of the Public Records of Collier County, Florida,
against all real and personal property located in Collier County, owned by Tatiana E,
Tannehill, has been partially discharged, only with respect to the following property:
Address:
Legal description:
2263 Spruce Street, Collier County, Florida
LOT 12, BLOCK I, INOMAH SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 82, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
51693320007
OSM Case No. CENA20080005725
Folio no,:
Reference:
The undersigned is authorized to and does hereby partially release this
Lien, and consents to this Lien being discharged of record with respect to the
above-descri bed property.
Dated this
day of
,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
(\
. \
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right
t County Attorney
Agenda Item No. 16A4
February 23, 2010
Page 6 of 8
This instrument prepared by:
JeffE. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 30 I
Naples, Florida 34104
(239) 213-2939
PARTIAL RELEASE OF LIEN
This is to certify that the claim of lien ("Lien") arising out of the Order of the
Special Magistrate dated May 1,2009, a certified copy of which was recorded on May 26,
2009, in O.R. Book 4455, Page 1881, of the Public Records of Collier County, Florida,
against all real and personal property located in Collier County, owned by Tatiana E,
Tannehill, has been partially discharged, only with respect to the following property:
Folio no.:
Reference:
2263 Spruce Street, Collier County, Florida
LOT 12, BLOCK I, INOMAH SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 82, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
51693320007
OSM Case No. CENA200800I0020
Address:
Legal description:
The undersigned is authorized to and does hereby partially release this
Lien, and consents to this Lien being discharged of record with respect to the
above-described property.
Dated this
day of
,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W, COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
~
right
t County Attorney
Agenda Item No. 16A4
February 23, 2010
Page 7 of 8
Memorandum
To:
From:
Diane Flagg, Director, Code Enforcemenwment
Jeff Wright, Assistant County Attorney V
February 5,2010
Date:
Subject:
SETTLEMENT PAYMENT - Collier County v. Tannehill, Case Nos. FILL
Attached please find a check (REOExperts, LLC check no. 10197714) in the amount of
$7,041.25, representing partial payment in relation to the following cases and amounts:
1. OSM Case No. 2007050876:
2. OSM Case No. CENA20080005725:
3. OSM Case No. CENA20080010020:
$6,973.20 (OR Book 4485, Page 342)
$35,98 (OR Book 4455, Page 1600)
$32.07 (OR Book 4455, Page 1881)
TOTAL:
$7,041.25
Please feel free to contact me if you need additional information.
cc: Jeffrey A, K1atzkow, County Attorney
Office of the Collier County Attorney
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- ., DATE I 0112512010 I CHECK NUMBER 11019m4
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INVOICE NUMBER INVOICE DATE J PROPERTY ADDR REMARKS NET AMOUNT
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SITE CODE PAY TO NAME NET TOTAL
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