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Agenda 12/01/2009 Item #16A 7 Agenda Item No. 16A7 December 1, 2009 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Release of an Order of the Code Enforcement Special Magistrate against properties owned by Phyllis J. Plaster, Trustee, in code enforcement case entitled Board of County Commissioners vs. Phyllis J. Plaster, Trustee, Special Magistrate case no. PU-380S. OBJECTIVE: To approve execution and recording of a release acknowledging compliance and recovery of fines and fees related to an Order of the Special Magistrate against properties owned by Phyllis J. Plaster, Trustee ("Respondent"). CONSIDERATIONS: The proposed release is intended to officially cancel any interest Collier County may have arising out of an Order of the Special Magistrate recorded against Respondent on April 22, 2008 (OR Book 4352, Pages 1703-04). Respondent has complied with all requirements of the Order and paid all associated fees/fines prior to formal liens being placed against the properties. However, as part of a County acquisition, the Transportation Department has requested this release to eliminate any claim of lien that may be implied by the Order of the Special Magistrate. ..... FISCAL IMPACT: Costs incurred by the County are costs ofrecording the Releases estimated to be $10.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners approve, and authorize the Chairman to sign, the attached Release. PREPARED BY: .TeffE. Wright, Assistant County Attorney -.. " "., Agenda Item No. 16A7 December 1, 2009 Page 2 of 3 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A7 Recommendation to approve a Release of an Order of the Code Enforcement Special Magistrate against properties owned by Phyllis J. Plaster, Trustee, in code enforcement case entitled Board of County Commissioners vs. Phyllis J. Plaster, Trustee, Special Magistrate case no. PU-3805. 12/1/20099:00:00 AM Meeting Date: Prepared By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 11/17/200912:52:13 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & 11/17/20091 :48 PM Environmental Services Environmental Services Approved By Diane S. Flagg Director - Code Enforcement Date Community Development & Code Enforcement ,-, Environmental Services 11/17/20095:19 PM Approved By Joseph K. Schmitt Administrator - Community Development Date Community Development & Community Development & Environmental Services Environmental Services 11/17/20095:53 PM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 11/18/20098:36 AM Approved By OMS Coordinator Date County Attorney County Attorney 11/18/20099:50 AM Approved By Jeff Klatzkow County Attorney Date 11/18/200910:46 AM Approved By Mark Isackson ManagemenUBudget Analyst, Senior Date Office of Management & Office of Management & Budget -- 11/19120095:44 PM Budget ,-" .. ,-,-, . ,,-~'-" ,.-,,~..., , .........,. ,,- ~".-~..__.~_..,' --.-.-----,.., __..__.<_.~_~"_.u"'~_"......____ Agenda Item No. 16A7 December 1, 2009 Page 3 of 3 This instrument prepared by: Jeff E. Wright Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252-8400 RELEASE This is to certify that any interest Collier County may have arising out of the Order of the Special Magistrate dated April 4, 2008, a certified copy of which was recorded on April 22, 2008, in OR. Book 4352, Pages 1703-04, of the Public Records of Collier County, Florida, against the real and personal property owned by Phyllis J. Plaster, Trustee, relating to Collier County Code Enforcement Special Magistrate Case No. PU-3805, has been discharged in full. The matters referenced in the Order are not considered ongoing violations. The undersigned is authorized to and does hereby release any interest Collier County may have to the real and personal property owned by Phyllis J. Plaster, Trustee, and consents to this Release. Dated this day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: /\ fr - Jeff right Assi nt County Attorney ....,.." ",.".....'.r." _" .,',m, ~..'.',,,.~.,,,."~'A."