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Agenda 07/22/2008 Item #16K15Agenda Item No. 16K15 July 22, 2008 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize the partial release of liens in relation to Code Enforcement Actions entitled Collier County v. Roilan Perez, CEB Case No. 2007 -37, and OSM Case Nos. 2007- 030290 and 2007- 080668, relating to property located at 652 Pompano Drive, Collier County, Florida OBJECTIVE: To obtain Board of County Commissioners' approval of the partial release of code enforcement liens in relation to property located at 652 Pompano Drive, in Collier County, Florida. CONSIDERATIONS: As a result of a bank foreclosure, any lien rights that the County may have had against the property that was acquired by the bank (i.e., 652 Pompano Drive, Collier County, Florida) were extinguished in the foreclosure sale. The bank has requested that the County release the liens that were extinguished in the foreclosure sale. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners approve four partial releases of lien with respect to the property located at 652 Pompano Drive, Collier County Florida, and authorize the Chairman to sign the attached partial releases of lien. PREPARED BY: Jeff E. Wright Assistant County Attorney Pa,e 1 of l Agenda Item No. 16K15 July 22. 2008 Page 2 of 6 file: / /C: \A eendaTest \F.x nort\ 1 I 1 -htly %2022 %202009\ 16 0/.2000N S ENT%20 A G F.N D A\ 1 7/ 1 5/7008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K15 Item Summary: Recommendation that the Board of County Commissioners authorizes the partial release of liens in relation to Code Enforcement Actions entitled Collier County v. Roilan Perez, CEB Case No 2007 -37, and OSM Case Nos. 2007- 030290 and 2007 - 080668, relating to property located at 652 Pompano Drive, Collier County, Florida. Meeting Date: 7!22/2008 9.00.00 AM Prepared By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 7/9/2008 4:05:12 PM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 7/9/2008 4:33 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 7/1 012 008 10 44 AM .Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7//012008 11:26 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 7110/2008 12:05 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/10/2008 5:27 PM file: / /C: \A eendaTest \F.x nort\ 1 I 1 -htly %2022 %202009\ 16 0/.2000N S ENT%20 A G F.N D A\ 1 7/ 1 5/7008 Agenda Item No. 16K15 July 22, 2008 Page 3 of 6 This instrument prepared by: Jeff E. 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 Master dated September 7, 2007, a certified copy of which was recorded on September 26, 2007, in O.R. Book 4285, Pages 1741 -1742, of the Public Records of Collier County, Florida, against all real and personal property located in Collier County, owned by Roilan Perez, has been partially discharged, only with respect to the following property: 652 Pompano Drive, Collier County, FL Folio No.: 65422000005 Cost: n/a Reference: Case No. OSM 2007 - 080668 The undersigned is authorized to and does hereby partially release this Lien with respect to the above -named property, and consents to this Lien being discharged of record with respect to said property. This partial release does not operate to release any remaining real and personal property of Roilan Perez, from the Lien or the terms therein. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approved as to form and legal sufficiency: Awo Jeff E. W ght AssistzNy County Attorney 11: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M TOM HENNING, CHAIRMAN Agenda Item No. 16K15 July 22.. 2008 Page 4 of 6 This instrument prepared by Jeff E. 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 Master dated July 24, 2007, a certified copy of which was recorded on August 10, 2007, in O.R. Book 4268, Pages 3928 -3929, of the Public Records of Collier County, Florida, against all real and personal property located in Collier County, owned by Roilan Perez, has been partially discharged, only with respect to the following property: 652 Pompano Drive, Collier County, FL Folio No.: 65422000005 Cost: n/a Reference: Case No. OSM 2007 - 030290 The undersigned is authorized to and does hereby partially release this Lien with respect to the above -named property, and consents to this Lien being discharged of record with respect to said property. This partial release does not operate to release any remaining real and personal property of Roilan Perez, from the Lien or the terms therein. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk M Deputy Clerk Approved as to form and legal sufficiency: Jeff E. fight Assist County Attomey 11: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN Aaenda Item No. 16K15 Jaly 22, 2008 Page 5 of n This instrument prepared by: Jeff E. Wright Assistant County Attomey 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 Master dated June 15, 2007, a certified copy of which was recorded on October 15, 2007, in O.R. Book 4292, Pages 0929 -0930, of the Public Records of Collier County, Florida, against all real and personal property located in Collier County, owned by Roilan Perez, has been partially discharged, only with respect to the following property: 652 Pompano Drive, Collier County, FL Folio No.: 65422000005 Cost: n/a Reference: Case No. OSM 2007 - 030290 The undersigned is authorized to and does hereby partially release this Lien with respect to the above -named property, and consents to this Lien being discharged of record with respect to said property. This partial release does not operate to release any remaining real and personal property of Roilan Perez, from the Lien or the terms therein. Dated this day of 12008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA In , Deputy Clerk Approved as to form and legal sufficiency: It Jeff U 117 right Assi t County Attorney 0 TOM HENNING, CHAIRMAN Agenda Item No. 16K15 July 22. 2008 Page 6 of 6 This instrument prepared by Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213 -2939 PARTIAL RELEASE OF LIENS This is to certify that the claims of lien ( "Lien ") arising out of the Code Enforcement Board Orders dated April 30, 2007, a certified copy of which was recorded on May 4, 2007, in O.R. Book 4224, Pages 0270 -0271, and dated October 3, 2007, a certified copy of which was recorded on October 8, 2007, at O.R. Book 4289, Pages 3957 -3958, of the Public Records of Collier County, Florida, against all real and personal property located in Collier County, owned by Roilan Perez, has been partially discharged, only with respect to the following property: 652 Pompano Drive, Collier County, FL Folio No.: 65422000005 Cost: n/a Reference: Case No. OSM 2007 - 030290 The undersigned is authorized to and does hereby partially release this Lien with respect to the above -named property, and consents to this Lien being discharged of record with respect to said property. This partial release does not operate to release any remaining real and personal property of Roilan Perez, from the Lien or the terms therein. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approved as to form and legal sufficiency: 1 Jeff Ij Iiright Assist t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA In TOM HENNING, CHAIRMAN