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Liens/Orders 01/24/2008 Code Enforcement Board Orders/Liens January 24 , 2008 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: January 24,2008,at 9:00 a.m. Location: Collier County Government Center,Third Floor,3301 East Tamiami Trail,Naples,Fl 34112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES—November 29,2007 4. PUBLIC HEARINGS A. MOTIONS Motion for Rehearing 1. BCC vs. Stanley Fogg Jr. and Theresa M.Fogg CEB 2007-115 Motion for Continuance B. STIPULATIONS C. HEARINGS 1. BCC vs. Emma Houston CEB 2007-82 2. BCC vs. Glen and Sharon Van Slyke CEB 2007-119 3. BCC vs. Jean Claude Martel CASE NO. 2007080353 4. BCC vs. Audrey Jake CASE NO. 2007050199 5. BCC vs.Naples Property Services, LLC CASE NO. 2007050653 6. BCC vs. Cynthia Aurelio Markle CASE NO. 2006060005 7. BCC vs. Jeffrey Macasevich CASE NO. 2006100314 8. BCC vs. A. L. Petroleum, Inc CASE NO. 2007040340 9. BCC vs. Reinaldo and Zoraida Jardines and Sylvia Jimenez CASE NO. 2007030794 10. BCC vs.Mary Edwards CASE NO. 2006080127 11. BCC vs. Carlos Pio and Melva Pio CASE NO. 2006070980 12. BCC vs. Teudis Zamora CASE NO. 2006120209 13. ,BBC CC vs. James Bachmann CASE NO 2006090001 1 .J" C vs. Ricardo JR. and Magda L. Munoz CASE N N . 2007100608 CC vs. Circle K. Stores, Inc CASE O. 2007050136 16. BCC vs. Circle K. Stores,Inc CASE 0. 2007040437 17. BCC vs. Logical Investments, LLC CASE NO. 2007080822 5. OLD BUSINESS A. Request for Reduction of Fines/Liens B. Request for Imposition of Fines/Liens 1. BCC vs. Mario Alvarez CEB 2007-29 2. BCC vs. Glen Hollingsworth CEB 2007-57 3. BCC vs.Ted Zhi Luo CEB 2007-100 6. NEW BUSINESS 7. REPORTS 8. COMMENTS 9. NEXT MEETING DATE- February 28,2008 10. ADJOURN CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-114 vs. EMMA HOUSTON, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Emma Houston is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 415 S. 3`d Street,Immokalee,Florida 34143,Folio 00125880008,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 4.02.01(A),table 2.1, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition,Section 105.1 in the following particulars: Two mobile homes on property which are approximately 18-24 inches from the rear property line in violation of setback requirements. Also,both mobile homes have been illegally converted from single family units to multi-family without proper permits and both mobile homes also have additions which are unpermitted. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 4.02.01(A), table 2.1, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition,Section 105.1 be corrected in the following manner: 1. By obtaining any and all required Collier County Permits for additions to,conversions of,and placement of both mobile homes and by obtaining all required inspections and Certificate of Occupancies within 90 days(April 23,2008). 2. In the alternative,by obtaining demolition permits for the removal of both mobile homes and completing the demolition through the removal of all debris within 90 days(April 23,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 23,2008 then there will be a fine of$200 per day for each day for each day the violation remains. 4. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by April 23,2008,then there will be a fine of$200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$333.13 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ,„,..&• „,.. -• g Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) dn. -�- The foregoing instrument was acknowledged before me this.3U day of t k.�t;l L .t ‘,.., , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓-who has produced a Florida Driver's License as identification. I(RISTINE HOLTON .11,ti times 4;'': ;.4 MY COMMISSION A DD 686595 [ tv 1 EXPIRES:June 18,2011 NOTARY PUBLIC - Bonded Thru Notary PubNc Underwriters • My commission expires: Rt CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Emma Houston, P. O. Box 1275, Immokalee,Florida 34143 this ': i91"'day of -4, --, ,2008. -) J Y.iit q3 i i ,'.; t'r-1 . /-4'"e.-iii ;� �.L.< 1,{ e ✓�� � �l fir 1 , i r , M .ieajr`Rawson,Esq. Florida Bar No. 750311 � � ,'. .,, .y L j ter Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 "%It 1 . Naples,Florida 34102 (239)263-8206 'VP:-. c.-..,:, '''';i .,c:..1 this r. OWl? i l” F.. ;.,,,,t'.. , >, t:LEi K Or CC U RTh \Atoit=zr - .,. ,..--- QUII.CIAt*MID ....•.•-� •-.-.. _ Relics to: (tea mit•addrt$Md stemp.d amstlaps) limi BOARDMAN & THOMPSON, P.A. on 1 Il 6 0 110 0 6 2 7 paws: 1400-A 15th Street North OR BOOK PAGE AImmokalee, FL 33934 i Mama This ktatsm nMama by: Edward K. Chef fy j FROST 6 JACOBS f mane 1300 Third Street South ?Cn1...v x Naples, FL 33940-7287 i .ivc.''I,,-_g'5-0- ' PREPARATION OF INSTRUMENT ONLY a27S-D _____ i.(J..._-._ . . ."` -------• COLLIER CO MP(CLERK al.c;C:L..: S 0 00 • ©Y-w " C.C. — PAS AIM TIle lag FOR PWmSSRWO DATA sMe ire MS USE DATA N I _J This Quit-Claim Pad, Executed this ,26 day of July ,A.D. 19 B9 ,by = IMOa EM MOAALTA T FFN S D HUMR N HUM ANIT .,IN CFlorida corporation, - -r L. 'first party,to c_ ALBERT HOUSTON r, whose postof f Ice address is on 411 3rd Street, Immokalee, Florida second party: • urnnd apapvtYthe m , and �ht epress aiwn, . "first dnats, and he as and�of context an adtm,n or requires.) h ii(thesSQth, That the said first party,for and in consideration of the sum of 5 10.00 O.V.C. in hand paid by the said second party. the receipt whereof is hereby acknowledged, does hereby remise, re- m H lease and quit-claim unto the said second party forever,all the right,title, interest,claim and demand which = the said first party has in and to the following described lot,piece or parcel of land,situate,lying and being ^- o in the County of Collier .ER e Florida ,to•wit: N V \ o La �h' try ,J Commencing at the Southe orner of the 1/4 of the Southeast 1/4 -., of the Southeast 1/4 o S Township 4 South, Range 29 East, Collier O oc..) County, Florida, r ng N•■ • a • •: East ouiadary of the Southwest 1/4 of the Southeast 1/4 of t - Sou •-,_' 1/4 of s id Section for 251.35 feet, _ thence continuing West 100 thence West 30 fee f a ' ;. feet; thence South 51 f t t•�•• e E-= ,, "TM thence North 50 feet to the ( Point of Beginning. - I. 1 f-•, Commencing at the Soe st corner of So t8 1/4 of the Southeast 1/4 of the Southeast 1/4 • action 4, Towns•l.• .7/6% th, Range 29 East, Collier County, Florida, rsmn th along the --ti ouadary of the Southwest 1/4 of the Southeast 1/4 of • heast 1/ -=3d Section for 201.35 feet to the POINT OF BEGINNING; !tw • Aest 100 feet; thence South 50 feet; thence East 100 feet; t• -• feet to the Point of Beginning. Subject to easements, restrictions and reservations of record and to taxes for the current year. C • To liane and to Bald the same together with all and singular the appurtenances thereunto I belonging or in anywise appertaining. and all the estate, right, title, interest, lien,equity and claim what- i soever of the said first party,either in law or equity, to the only proper use, benefit and behoof of the said • second party forever. In i;i,was.'Whe(eeof,The said first party has signed and sealed these presents the day and year first above written. IMMIDICALEE HABITAT FOR ar1.l7NITY, INC. Sign..,sealed an ,sheered in presence of: (f/k/a 1 'e • 21 FUNDS FOR HOIMANITY, tic.) �!` .� ��4 r/ WV I //,, •'stilt GO st/ .1t e2 -r 6}/ff -L: I; easureY` STATE OF FLORIDA COUNTY v COUNTY OF COWER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgmeau, personally appeared Charles C. Smith, Vice President of Irukalee Habitat for Him niy, Inc., to me known to be the person described in and who executed the foregoing instrument and 11, acknowledged before me that he executed the same. afp day of; WITNESS my hand and official seal in the County and S e last aforesaid this 1 July A.D. 19 89. — GZµJ4-` ,ev= •••� _ fK. c CDm nKc dd4DnA .C9 < ,.� 7 ��1? ' (.•':•:::,, y4 tlr ! .!1 f tt t fit '-'',.':474,::,, • s«+-ri m=! ,•, r ', �M1:9 r 51A "e•P t4.4 i ..r }f i��•F �1 tt;� �� r 5` FF CP' ti "'' ,k I 'f.1 Dt .•' tW ?flFr�'i» ir'. ... � .. w ,:: 1 ry_',1n ,17t�Y'y`...�. .;...i3� '. -cif'` •a:Kltiif ... ',!• j.: r. // (10I h60 0006.2 it OR BOOK PAGE STATE OF FLORID COUNTY OF I HERESY CERTIFY that on this day,before me,an officer duly authorized in the State aforesaid and In the County aforesaid to take aelinowledpnents, personally appeared Allan L. Rudell, Treasurer of Ixflmkalee Habitat for Fhananity, Inc. to me known to be the person described in and who executed the foregoing instrument and '� acknowledged before me that he executed the same. 1 WITNESS my hand and official seal In the County and State aforesaid this �(0s ., ...,day of July A.D. 19 89. ^ YY7�. T r,ntno ��AR!f14Fa�raew y�- lf 4 • • ' - t ... , ° �-- •� l 1 C11[1111 \ 14 A , "k"C", 7ITE CMG • • ir;U:dVen6„dC.fl.AS 01 CDLLIHiY,FLORIDA SCGtLFS,CL I 1112 d I I I Rs. r . • • (PA THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR J COLLIER COUNTY. FLORIDA CIVIL ACTION IN RE: The Marriage of ALBERT HOUSTON, SR. , Husband, and CASE NO. 93-2896 CA-01-JBR EMMA HOUSTON, S I. Wife. / n - El 7INAL JUDGMENT OP DISSOLUTION OF XAARIA Q i-- • TEIS CAUSE was heard before the Court. 57-1 '% oA d FINDINGS OF FACT: o .- ti� co 1. JURISDICTIONAL: The Court examined the pleat��hgs _and., 01 heard the evidence and argument of counsel. The Court finds that gall necessary residential qualifications ualifications and pre-requisites of law IIhave been legally satisfied, and that this Court has jurisdiction ig of the parties and subject matter of this cause. co i1 2. CHILDREN OF THE MARRIAGE: There are four children born of 1 N 3r:., the marriage, two of whom remain minors, to-wit; PATRICK HOUSTON, en r-+ a 11 born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, I* 1981. . 3. PARENTAL RESPONSIBILITY: The Court finds that it would be in the best interest of PATRICK HOUSTON and ALDONIA HOUSTON for the parties to share parental responsibility. The wife shall be designated primary residential parent of the minor children of the parties. S 4. FREQUENT AND CONTINUING CONTACT TO FATHER: The Husband 1 fir_ shall have frequent and continuing contact with the children, including three (3) weekends per month beginning on Friday evening and continuing through Sunday evening. Frequent and continuing contact shall also include one-half (1/2) of the Christmas school vacation, one-half (1/2) of the Easter school vacation, one (1) month during the summer school vacation, and alternate visitation on Labor Day, Memorial Day, Fourth of July, Thanksgiving and other school holidays, including Teacher Duty Days. The provisions of shared parental responsibility submitted by Stipulation at trial shall also be in effect. 5. MARRIAGE/SEPARATION: The Court finds that the parties were married to each other on December 14, 1969 at Ritter, South Carolina, and lived together as husband and wife until their final separation on or about August of 1993. 6. MARRIAGE IRRETRIEVABLY BROKEN: The Court finds that the parties have established that the marriage is irretrievably broken Pa and should be dissolved au vinculo. ca 7. REAL PROPERTY: The Court finds that the parties owned •v numerous parcels of real property located in Collier and Charlotte County, Florida. The Court adopts the Wife's evaluations introduced at trial, based upon the affidavits, exhibits and evidence during the trial. The Court finds the value of the Collier County properties are as set forth in Exhibit "A" attached hereto and made a part hereof by reference. The Court finds the value of the Charlotte County properties are as follows: Lot 25 $3, 557.00 Lots 29 and 30 $7,049.00 2 71 s The Court finds that the Third Street property should be distributed to the Wife; Pine Grove Lots 3 and 4 are distributed to the Wife; all Punta Gorda property is distributed to the Husband; the Fourth Street properties are distributed to the Husband; the Pine Grove property other than Lots 3 and 4 are distributed to the Husband. 8. CHILD SUPPORT: The Court finds that both parties have an ability to provide child support and maintenance for their minor children, PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. In accordance with the Child Support Guidelines, the Husband shall pay to the Wife as and for child support the sum of $1,000.00 per month or $232.56 per week, which shall first be due on the Friday following the entry of this Final Judgment of Dissolution of Marriage. Thereafter, the payment of $232.56 shall be due on Friday of each week. The support of the child shall terminate and the obligation of 0 support shall cease upon: the Husband to pay pp o .a• r-+ A. The death of the child, ,no B. The child reaches 18 years of age. If a child is still in school when he attains his 18th birthday, support shall continue a CC) until graduation from high school, C. The valid marriage of the child, D. The lawful entry of the child in military service. E. Said child support shall continue even though the parties' minor children are not in the physical custody of the Wife for brief periods of time due to education or vacation. 3 9. MEDICAL INSURANCE FOR CHILDREN: The Court finds that the Wife shall maintain the hospitalization insurance for the benefit of the minor children. The parties shall be equally responsible for the deductible and any uncovered medical expenses for the benefit of the minor children, including but not limited to, hospitalization, out-patient services, prescriptions, optometric expenses, counseling, dental and orthodontic expenses. 10. DIVISION OF PERSONAL PROPERTY: 1. The Court finds that it would be fair and equitable to award the Wife: a. 1983 Truck b. Sewing Machine c. Typewriter d. Piano e. Grandfather Clock f. Tools in one Toolhouse g. 1990 LTD h. Lawnmower chosen by the Husband e•-• i. School pension aq j. Any other personal property currently in her possession. m 2. The Court finds that it would be fair and equitable to award the Husband: a. 1991 Truck b. 1993 LTD c. Remaining Tools d. Remaining Lawnmowers including Riding Lawnmower 4 71. w . . r s. Any other personal property currently in his possession. 11. PERMANENT PERIODIC ALIMONY: The Court finds that based upon the equitable distribution and debts to the Husband, permanent periodic alimony is denied. 12. RETROACTIVE TEMPORARY ALIMONY: The Court finds that based upon the evidence and testimony at trial, request for retroactive temporary alimony is denied. 13. CREDIT FOR DEFENDING LITIGATION: Based on the evidence presented at trial, the Court denies the Husband's request for a credit for defending the outstanding litigation as the Wife will have her own expenses for that litigation. 14. TRIAL OF THE CASE. The Court finds that ALBERT HOUSTON, SR. and EMMA HOUSTON are intelligent, actively participating in the trial of this case, have been represented at all stages of this action by competent counsel. 15. ATTORNEY'S FEES: This Court specifically reserves O jurisdiction on the issue of attorney's fees and court costs. The o .eft parties are ordered to attempt to resolve this issue but, if they �--` are unable to resolve same, the Court will entertain a hearing on a� the issue of attorney's fees and costs. �O CD. Based upon the evidence, IT I8 ADJUDGED TEAT: 1. DISSOLUTION OF MARRIAGE: The marriage between ALBERT HOUSTON, SR. , Husband, and EMMA HOUSTON, Wife, is dissolved, a vinculo, because it is irretrievably broken. 2. SEARED PARENTAL RESPONSIBILITY: The following minor children are subject to this proceeding: PATRICK HOUSTON, born 5 January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. The Court finds that it would be in the best interest of the children for the parties to share parental responsibility. A. OTHER SHARED PARENTING PROVISIONS: In this action, the parents are hereby ordered to observe the following rights of the children, and to follow the shared parenting roles and guidelines. Failure to do so shall subject the parties to sanctions allowed by law. 1. sights of Children. Both parties are hereby ordered to recognize and acknowledge the following rights of the children: a. Right to a loving, free and open relationship with both parents. b. Right to be treated as an important human being, with unique feelings, ideas and desires. c. Right to continuing care and guidance from both parents. d. Right to know and appreciate what is good in each parent. 4 e. Right to love a parent despite unworthy qualities of that 0 .a+. parent. b f. Right to forgive a parent for any harm that parent may Gl have caused the child, knowingly or unknowingly. _w r+ g. Right to never hear one parent running down and degrading the other parent. h. Right to never hear the relatives and friends of one parent running down and degrading the other parent. It is the duty of the parents to prohibit and prevent their relatives and friends from running down and degrading the absent parent in the presence 6 't OR: 2041 PG: 1902 of the child. i. Right to express love, affection and respect for an absent parent in the presence of either parent at any time and any place, without having to stifle that love out of a fear of disapproval by either parent. j. Right to know that the parents' decision to divorce was not due to any fault of the child. k. Right not to be a source of argument between the parents. 1. Right to honest answers to questions about changing family relationships. m. Right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans. n. Right to have a relaxed, secure relationship with both parents without being required or allowed to manipulate one parent against the other. o. Right to be encouraged to visit and contact the absent parent, by letter and phone, frequently and continuously. p. Right to have their parents cooperate to make visitation plans for the children and not require the children to arrange for visitation. q. Right to have child support paid timely and in full. r. Right to visitation with a spouse obligated to pay child support even though the child support due may be in arrears or late. s. Violation of any of the foregoing provisions regarding 7 c • • the rights of the children will be regarded by the court as conduct that is contemptuous of the court's authority and will be dealt with accordingly. 2 . Shared Parental Responsibility. t. The Court finds that the parents have difficulties communicating about parenting decisions and visitation. The parties need to recognize their duty to allow the other parent to share in parenting or they will have difficulties with parenting decisions. u. Each parent has a duty to promote the other parent in the eyes of the child and to not "run down" or alienate the other parent from the child. The parties will feel a desire to do this if they do not learn how to separate their feelings for each other from their duties as parents. v. The parents must always reassure their children that the absent parent has not abandoned them, still loves them and is -. thinking about them no matter how strongly the parties feel that c.s .a. the other parent is a "bad" person. The court does not find that 6-► tither parent is a "bad" person or a bad parent. The parties must never communicate such an idea to their children. This is what Cr* shared parenting requires and it is what the court orders. 3. Shared Parenting Roles. w. Shared parenting means that each parent is to have a voice and commitment in making decisions important to the welfare and upbringing of a child. x. The parent with whom the child resides primarily has no 8 27 greater priority or duty to make parenting decisions and may not make parenting decisions without consulting with the non- residential parent. y. Each parent is hereby ordered to be flexible in sharing parenting responsibilities and to facilitate the mutual goal of establishing and continuing a close, full and affectionate relationship between each parent and the children. z. Each parent shall have full access to the children's medical and school records and shall be given copies of all report cards by the parent receiving these promptly after these are received by either parent from the child or the school. The parties shall consult with one another with regard to all medical and educational matters which would have been decided jointly by the parties had they remained together as husband and wife. aa. Each parent shall be timely advised by the other parent of all school conferences, recreational happenings and opportunities that could be shared with mutual pleasure and benefit ev the opportunities to so share at appropriate times and places shall be permitted, not limited to weekends, but arranged with due regard for the educational commitments of the children, business and o o personal commitments of the parents, any relevant health or social 'A' factors and home arrangements of the residential parent. 4. Shared Parenting Guidelines. Both parents are hereby ordered to recognize that high levels of conflict between them as parents could impair the adjustment and functioning of their children. Both parents must follow the following parenting 9 guidelines: OR: 2041 PG: 1905 bb. Each parent shall recognize the child as a total and separate entity from themselves, shall encourage the child's autonomy and will separate the child's needs from the parent's needs. cc. Each parent shall respect the rights of the child set forth above. dd. Each parent shall become knowledgeable about the general developmental needs and characteristics of children at different stages of development. es. Each parent shall be adaptable and flexible in responding to the needs of the children and their behavior. ff. Each parent shall provide the children with an environment in which the children are free to continue to love the other parent and spend time with the absent parent. gg. Each parent shall encourage the children to have good feelings about the other parent and the other parent's extended family. hh. Each parent shall encourage the children to remember the other parent on special occasions, allowing the children to telephone on a reasonable basis, the time and length of the phone calls to be reasonable under the circumstances. ii. Each parent shall communicate with the other parent openly, honestly, and regularly with clarity and respectfulness to avoid misunderstandings. jj. Both parents shall plan all visitation arrangements and 10 2.9 exchanges together and not through the child. The child has no responsibility to arrange and coordinate visitation; this is the duty of the parents. kk. Each parent shall plan and consult with the other parent in advance to schedule or arrange time with the child. 11. Neither parent shall take sides or take issue with parenting decisions or actions made by the other parent in front of the child. The parents shall discuss their differences regarding parenting decisions out of the presence of the child. mm. Both parents shall present a united front in handling any problems with the child. nn. Each parent shall consistently enforce appropriate rules and standards for the child although those rules at each house need not be the same. oo. Each parent shall take a consistent and predictable role in the child's lives, using time with the child to strengthen their C relationship with the child. A pp. Each parent shall take a consistent and predictable role b in the child's lives, using time with the child to strengthen their 4? relationship with the child. o qq. The spouse entitled to receive child support shall not restrict, hinder or deny visitation of the child with the paying spouse if the child support is in arrears or paid late. The court will deal with a nonpaying spouse. rr. Neither parent will, directly or indirectly, influence the child so as to negatively affect the loving relationship 11 • • between the child and the other parent. ss. Neither parent shall ever "bad mouth" or otherwise speak negatively about the absent parent in front of the child, or otherwise assassinate the character of the absent parent. tt. Both parents will at all times prohibit and prevent other relatives, family members and friends from speaking negatively about the absent parent in from to the child, or uu. Parents who assassinate the character of the absent parent in front of the child, or allow others to do so, will be dealt with harshly by the court and, in general, violation of any of the foregoing provisions regarding shared parenting will be regarded by the court as conduct that is contemptuous of the court's authority and will be dealt with accordingly. 3. PRIXARY RESIDENTIAL PARENT: The Wife shall be the primary residential parent of the minor children of the parties. 4. FREQUENT AND CONTINUING CONTACT TO FATHER: It is in the Cam, best interest of PATRICK HOUSTON and ALDONIA HOUSTON that ALBERT 0 HOUSTON, SR. have frequent and continuing contact with them, ;r including three (3) weekends per month beginning on Friday evening and continuing through Sunday evening. Further, he shall have 6-6 4.a 0 frequent and continuing contact including one-half (1/2) of the --a Christmas school vacation, one-half (1/2) of the Easter school vacation, one (1) month during the summer school vacation, and alternate visitation on Labor Day, Memorial Day, Fourth of July, Thanksgiving and other school holidays, including Teacher Duty Days. 12 tit{:...... i • 5. REAL PROPERTY: The Court finds that the parties own real estate in Collier County and Charlotte County, Florida. The Wife shall have full, right, title and interest to the following-described property: Lots 1073, Page I364, ofEthes recorded O.R. Book PublicRecordsof 1073, Collier County, Florida. Section 4 47 29, Collier County, Florida. / Beginning at the SE corner of SW 1/4 of SES 8/g of SE 1/4, run N along E boundary 130' : W 30' to POB; W 135' ; N 01° W 201.30' , E 60' , S 01° E 181.30' , N 88° E 75' , S01° E 20' to the POB. Section 4 47 29, Collier County, Florida. Unrecorded Lot 12, described as: N50' of E 105' of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 30' . Section 4 47 29, Collier County, Florida. Unrecorded Lot 13, described as: S 50' of E 105' of N 100' of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 30' . Section 4 47 29, Collier County, Florida. � Unrecorded Lot 14, described as: S 50' of E 105' of N 150' of SE 1/4 of SW 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 30' . Section 4 47 29, Collier County, Florida. N b 51.30' of E 137' of W 167' of S 181.30' of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, 16 acres. ‘43 Section 4 47 29, Collier County, Florida. N o 50' of E 137' of W 167' of SE 1/4 of SW 1/4 of oa SE 1/4 of SE 1/4, O.R. Book 671. Section 4 47 29, Collier County, Florida. Beginning at SE corner of SW 1/4 of SE 1/4 of SE 1/4, run N along E boundary 150' , S 88° W 30' to POB, W 75' N 31. 3' E 75' S 31.3' to POB. The Wife shall be financially responsible for the mortgage payments, taxes, insurance and maintenance expenses for said 13 • . property and agrees to indemnify and protect the Husband and hold him harmless for these obligations. In consideration of the Wife assuming all of the outstanding obligations of the property, the Husband shall assign or transfer by way of necessary documents his interest in this property to the Wife within ten (10) days of the signing of this Final Judgment of Dissolution of Marriage. If the Husband fails to sign the necessary documents within the ten-day period, this Final Judgment shall act as a conveyance of the property. The Husband shall have full right, title and interest to the following-described property: Lot 5, PINE GROVE, as recorded in O.R. Book 836, Page 458, of the Public Records of Collier County, Florida. Lot 6, PINE GROVE, as recorded in O.R. Book 1096, Page 1171, of the Public Records of Collier County, Florida. Block 9, CARSONS ADDITION,Lots 8 and 9, O.R. Book 671, Page 383, of the Public Records of Collier County, O Florida Sd frr Block 9, CARSONS ADDITION, Lot 6, O.R. Book 1477, Page 855, of the Public Records of Collier County, Florida. .tai Lot 25, TRABUES ADDITION, Punta Gorda, O.R. Book 598, Page 1472, of the Public Records of Charlotte County, .. Florida. ♦.+ Lots 29 and 30, TRABUES ADDITION, Punta Gorda, O.R. Book a.o 363, Page 992, and O.R. Book 411, Page 850, Public Records of Charlotte County, Florida. The Husband shall be financially responsible for the mortgage payments, taxes, insurance and maintenance expenses for said property and agrees to indemnify and protect the Wife and hold her harmless for these obligations. In consideration of the Husband assuming all of the outstanding obligations relative to the 14 21 • property, the Wife shall assign or transfer by way of necessary documents her interest in this property to the Husband within ten (10) days of the signing of this Final Judgment of Dissolution of Marriage. If the Wife fails to sign the necessary documents within the ten-day period, this Final Judgment shall act as a conveyance of the property. 6. SUPPORT OP THE CHILDREN: The Court finds that both parties have an ability to provide child support and maintenance for their minor children, PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. In accordance with the Child Support Guidelines, the Husband shall pay to the Wife as and for child support the sum of $1,000.00 per month or $232.56 per week, which shall first be due on the Friday following the entry of this Final Judgment of Dissolution of Marriage. Thereafter, the child support payments shall be due on Friday of each week. The above support payments shall be made through the Collier C, County Clerk of Court, Support Department, 3301 E. Tamiami Trial, v Naples, FL 33962, and shall include the service charge or such b other fee as imposed by the Clerk according to law. GI All such payments shall, where by mail, be made by cashier's 0 check, personal check or money order with the case number and a notation "child support" made on the cashier's check, personal check or money order. The support rights of the children shall terminate and the obligation of the Husband to pay support shall cease upon: A. The death of the child, 15 34. B. The child reaches 18 years of age. If a child is still in school when he attains his 18th birthday, support shall continue until graduation from high school, C. The valid marriage of the child, D. The lawful entry of the child in military service. E. Said child support shall continue even though the parties' minor chi3dren are not in the physical custody of the Wife for brief periods of time due to education or vacation. 7. DIVISION OF PERSONAL PROPERTY. The Court finds that it would be fair and equitable to award the Wife the following: a. 1983 Truck b. Sewing Machine c. Typewriter d. Piano e. Grandfather Clock Cs f. Tools in one Toolhouse C, g. 1990 LTD automobile 0 .a• 10.-4 h. Lawnmower chosen by the Husband ,C:11 i. School pension j . Any other personal property currently in her possession. The Court finds that it would be fair and equitable to award the Husband the following: a. 1991 Truck b. 1993 LTD automobile C. Remaining Tools d. Remaining Lawnmowers including Riding Lawnmower 16 3S 4 • e. Any other personal property currently in his possession. 8. TRIAL OT TEE CASE. The Court finds that ALBERT HOUSTON, SR. and EMMA HOUSTON are intelligent, actively participating in the trial of this case, have been represented at all stages of this action by competent counsel. 9. MEDICAL INSURANCE FOR CHILDREN: The Court finds that the Wife, EMMA HOUSTON, shall maintain her medical and hospitalization insurance for the benefit of the minor children. The parties shall be equally responsible for the deductible and any uncovered medical expenses for the benefit of the minor children, including but not limited to, hospitalization, out-patient services, prescriptions, optometric expenses, counseling, dental and orthodontic services. 10. PERMANENT PERIODIC ALIMONY: Based upon the equitable distribution and debts to the Husband, the Court finds that the Wife's request for permanent periodic alimony is denied. 11. RETROACTIVE TEMPORARY ALIMONY: Based upon the evidence am, •w and testimony at trial, the Wife's request for retroactive temporary alimony is denied. 12. CREDIT TOR DEFENDING LITIGATION: Based on the evidence aq presented at trial, the Court denies the Husband's request for a —+ credit for defending the outstanding litigation is denied as the Wife will have her own expenses for that litigation. 13. ATTORNEY'S TEES: This Court specifically reserves jurisdiction on the issue of attorney's fees and court costs. The parties are ordered to attempt to resolve this issue but, if they are unable to resolve same, the Court will entertain a hearing on 17 2, • the issue of attorney's fees and costs. 14 . RESERVATION OP JURISDICTION: This Court specifically reserves jurisdiction of this matter to enter such further orders as may be necessary for the enforcement of this decree. Further, both parties are ordered to take such reasonable and necessary action and to conduct themselves in manner conducive to carrying out the intent and purpose of this Judgment. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this 7 �' day of144,f✓ , 1995. Jay ''Riosin an Cir it Sadge Pursuant to Rule 1. 080, service of the foregoing has been made this 7's day of ,N 'J/ , 1995, upon: Howard Atkin, Esquire P.O. Box 2856 Ft. Myers, FL 33902 P* Dewey Mockler, Esquire P.O. Box 749 0 Ft. Myers, FL 33902 c G'a By: ALIA ,/ /isL� ( udicial Assistant) c..,s 18 : -. • • • • OR: 2041 PG: 1914 FUSS] 0CC243 IDC 16960200002 3C00000000000JCHOUSTON, JEANNE A 3 S NAME-1 (OR> STRAP (OR> STREET FOLIO ID . . LEGAL-1 .OR. NAME-1 C ][HOUSTON ET UX, RALPH F ]C39896880007]CGOLDEN GATE EST UNIT 64 W 3 C 3CHOUSTON TR, MARY LOUISE ]C191350006493CSEAGATE UNIT 1 LOT 32 OR 3 C ][HOUSTON, ALBERT 3[001258800083[4 47 29 BEG AT SE COR OF 3 C ][HOUSTON, ALBERT 3[001260001043[4 47 29 BEG AT SE CNR OF SW1/3 C 3CHOUSTON, ALBERT 3[001269600083[4 47 29 N SOFT OF E 137FT OF 3 r 3CHOUStON, ALBERT ]C256311200043CCARSONS ADD BLK 9 LOTS 6 3 1CHOUBTOH, ALBERT 3C256312000053CCARSONS ADD BLK 9 LOTS 8 + 9 3 . 3CHOUSTON, ALBERT ]C66930200008]CPINE GROVE LOT 6 OR 1096 PG 3 C 3CHOUSTON, ALBERTal& EMMA ]C001259609093E4 47 29 UNREC' D LOT 14 DESC A] C 3CHOUSTON, ALBERT°& EMMA 3(001261600023E4 47 29 UNREC' D LOT 13 DESC A] C ][HOUSTON, ALBERT=& EMMA ][001268808073E4 47 29 N 51.30FT OF E 137FT 3 C 3CHOUB gH,.. ALBERToi& EMMA ][001275634043E4 47 29 UNREC'D LOT 12 DESC A] C 3CHOUSTON, ALBERT■& EWA 3C669301200077CPINE GROVE LOTS 3 + 4 OR 1073] C ][HOUSTON, CAROL ANN ][00593720004][21 58 33 N1/2 OF NW1/4 OF ] C ][HOUSTON, DERRICK LEON ]C74030400004]CS IMMOKALEE HGTS BLK 1 LOT 123 C ][HOUSTON, DIXIE DELORES ]C405779200003CGOLDEN GATE EST UNIT 75 W 3 C 3CHOUSTON, EMMA; 3C669301600093CPINE GROVE LOT 5 OR 836 PG 3 C 3CHOUSTON, HELENA 3C709215337093CROCKY PINES ESTATES UNIT 2 3 C ][HOUSTON, JAMES W=& PATRICIA M3C010734000053C2 52 29 E1/2 OF SE1/4 OF 3 C 3CHOUSTON, JEANNE A 3C169602000027CFT CHARLES DR SECT PORT ROYAL) USE TOP LINE AS NORMAL REQUEST LINE. = MARKS WANTED FOLIO COL S. RES476 Novermber 28, 1994 I HEREBY CERTIFY, that the above represents the portion of the Collidr +Coiuity Index of property owners indicating properties in the name of Albert b Emma i!uuaton. A printout of each property is attached. ' i Abe Skinner, C A 1 • Collier County Property Appraiser E9 2 l ppeumv idiliiili+if+..+++r.+y+i+:L++►' •a�L:.e;,..::.,:::•. .,.,•... ... ..... ,.... ... :r•'+i+�1iu:* ..:.;,;i+.:� • • OR: 2041 PG: 1920 • CC053 OCC243 IDC0812588000B3C80000000000JC J •OLIO 0801258800083 OWNER)CHOUSTON, ALBERT 3 ;TRAP C472904 086.8062E84]C 411 , 3RD ST 3 * * * * * * * * '0 C 1143 ITM C153 C 3 TAX ROLL FORMAT ALE DATE C 4]C0889] C 3 * * * * * * * * ♦ AMT C 59083 C 3 ACRES C . 283 CIMMOKALEE FL ]C33934]C80883 AREA CI] TRS—) C47]C29]C04] 1993—VALUE CERT-94—VAL • EGAL-1 C4 47 29 BEG AT SE COR OF 3 C 02] LND Sr 39253 C 3925] . —2 CSW1/4 OF SE1/4 OF SE1/4 RUN N 3 USE—CD IMP SC 184803 C 18025] —3 CALO E $DRY 13OFT;S 88DEG W 3 TOT SE 223253 C 21950] —4 C38FT TO PO8, W 135 FT; N 01DEG3 TAXABLE SC 223253 C 21950] L. i IIISTD—X $ C 8] MILL—CODE 0%—X ♦ C 03 C 53 CNTY SC 88.233 MSTU SC 41.96] IV—X $ C 83 S—SL SC 130.93] WMB SC 9.243 ET—X $ C 03 MILL—RATE S—LB SE 51.60] ISD SC 43.81] • 14LD—X $ C 0] *C16.37363 CITY SC .00] VADP SC 1.633 • ID—X $ C 8] —1994- AO—X $ C 83 *APPROXIMATE --> 1994 TAXES (-- TOTAL SC 359.483 WH—X $ C 0] LOCATION CIM 3RD ST S 411] RES477 e • ..n CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-119 vs. GLEN AND SHARON VAN SLYKE, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Glen and Sharon Van Slyke are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6067 Whitaker Road,Naples,Florida,Folio 00420640008,more particularly described as The North 1/2 of the West 1/2 of the SE 1/4 of the NW '/o of the SW 1/4 of Section 16, Township 50 South,Range 26 East,less the North 30 feet and the West 30 feet thereof,reserved for right-of-way (This is the North 1/2 of Tract 19,unrecorded plat)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 1.04.01(A)and 2.02.03 in the following particulars: Observed accumulation of commercial vehicles on the property which are used for a commercial landscape business on unimproved agricultural land.. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 1.04.01(A)and 2.02.03 be corrected in the following manner: 1. By ceasing and desisting all non-approved and non-permitted use on unimproved agricultural land known as 6067 Whitaker Rd.,Naples,Florida,to include outdoor storage of commercial vehicles within 14 days (February 7,2008). 2. By ceasing non approved use of property for lawn service business until appropriate approvals have been obtained from the Collier County Zoning Department within 14 days(February 7,2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 7, 2008 ,then there will be a fine of$50 per day for each day for each day the violation remains. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by February 7, 2008,then there will be a fine of$50 per day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$623.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER IL:COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of ,iJL.c i � , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. I KRISTINEHOLTON NOTARY PUBLIC MY COMMISSION#DD 886595 EXPIRES:June 18,2011 My commission expires: Banded Thor Notary Pic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Greg and Sharon Van Slyke,6046 Hollow Drive,Naples,FL 34112 this 130 'day of 5r.:_, 1 ,2008. M.Jean Rawson,Esq. + � .__„1A Florida Bar No. 750311 ;Eats Attorney for the Code Enforcement Board ounty of ER 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 HEREBY G=k,":"f th:z. is a true arts` (239)263-8206 :Orrect copy : k; c ,t ire loud , t, t C `Is ;r C'urt'y thiz NIGHT E. ;, G 'r' t 1. ,na : (OUt T& hn l s� = P C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007080353 vs. JEAN CLAUDE MARTEL, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Jean Claude Martel is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 3190 Karen Drive,Naples,Florida,Folio No.61839320000,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 1.04.00,sub. sec. 104.01,par's A and B; section 2.02.00,sub. sec. 2.02.02,par. B,sub.sec.2.02.03;section 2.03.00,sub. sec.2.03.01,par. H,Village Residential District,section 8.08.00,par. B; section 9.03.00,sub. sec. 9.03.01,par. D;and section 10.02.00,sub. sec. 10.02.06,par's B-la through and including f,in the following particulars: Unpermitted development and use of"VR"zoned property in Collier County ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 1.04.00,sub. sec. 104.01,par's A and B; section 2.02.00,sub. sec. 2.02.02,par.B, sub. sec.2.02.03; section 2.03.00,sub. sec. 2.03.01,par.H,Village Residential District, section 8.08.00,par. B;section 9.03.00,sub. sec. 9.03.01,par. D;and section 10.02.00,sub. sec. 10.02.06,par's B-la through and including f,be corrected in the following manner: 1. By applying for and obtaining all required Collier County After-the Fact Permits for all additions and non-permitted improvements and executing all issued permits so as to obtain all required inspections through to issuance of a Certificate of Completion within 120 days(May 23 ,2008). 2. In the alternative,by obtaining a Collier County Demolition Permit for removal of all non-allowed, non-permitted additions and improvements and by requesting all inspections through to issuance of a Certificate of Completion so as to restore all premises to a state of compliance within 120 days(May 23,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 23,2008, then there will be a fine of$200 per day for each day for each day the violation remains. 4. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by May 23,2008,then there will be a fine of$200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$265.34 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3D day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER OUNTY,FLORIDA BY: ���t„"'�ID Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this , j4 day of: �;�+v�a .� , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,/ who has produced a Florida Driver's License as identification. -- - KRIS11NEHOLTON E HOLTON NOTARY PUBLIC ION#DD 686595 My c ommission expires: June 18,2011 ry Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Jean Claude Martel,3190 Karen Drive,Naples,FL 34112 this _34_,'""Iday of Rjc_�, ,2008. M.Ju Rawson,Esq. tare or F ► Florida Bar No. 750311 'many y ofi Attorney for the Code Enforcement Board {t n' t 3 3 rue Fifth Avenue S.,Ste. 300 H c` E t i' ' Naples,Florida 34102 ' ' '" "i (239)263-8206 !f:•. .. _ tUt `,;aunty DWIGHT E. LiRfacY.r Ci:Li . OF COU l TE $14,(7-11/17L-11 ® . - s;EC[ Son 0 0 9 0 2 2 0 5 1984 NOV -2 PH 1: 51 WARRANTY DEED ��—•COLLAR COUNTY oll►1ZY R•MCO FORM 01 rnotgD.To OID.etD INT__, {r UI� 1 RECORDED This Warranty Decd mad,. lb,. 1st day of March A. 1). IQ 84 by Maurice H. and Fayetta L. Haymaker, Husband and Wife o o 33 hereinafter called the grantor, to • Jean Claude Martel CD CD • whose poslofflte address is 3190 Karen Drive; Naples Florida 33942. horoinnfler called the grantee: (Whrmx eta herein the tames .'.ranter" and •'srantn^ include all the parties ts this iaaruraent and the heirs heal rrywe.e.Uti and akin at individuate. amt the tartan. and imam d at al • 10.00) itnesseth:Thai the grantor, for need in consideration of the sum of $ Ten Dollasrsl other valuable considerations, receipt whereof is hereby achnouriedgtvl, hereby grants, bargains, sells, aliens, re- mises. releases, conveys and confirms unto the grantee,all that cerlain land silaale in Collier County.Florida,aim: • Lot #16 of an unrecorded Plat. 0 • Commencing at the Northeast corner of Lot 100 Naples Grove and Truck..o ° Cols Little Farms No. 2, according to plat in Plat Book 1. Page 27, p. Public Records of Collier County, Florida, thence N 89°26;'.40" W 420 cN ,. feet to the`Point of Beginning; thence S 00°09'00" w 139.0 feet; rn cr : thence S 89°26'40" E 60.0 feet: thence N 0°09'00" E 139.0 feet: thence N 89°26'40"'w 60.0 feet to point of beginning. Lot 100 of N.G..&T. Co Little Farms No 2 Subd. and Lot 100 of Naples Grove and trucking Company's Little Farms No. 2 Section 23,. Township 50 South Range 25 East, as - • . in Plat Book 1, Page 27, Public Records of Collier Co , . ',- rlek, •ne and the same. rr�� ���L �v lvJ � c 'Together udl all a • , herediiamenis and apps .enan s llmreio belonging or in any- ; WISO appertaining. - - To Have a d t• m; I find the gra for I. eb cove ant w is s•1 it 1 I ,ra for i lawfully seised of said land ' in foe simple: lha the a •nt has :oo rig 11 •r it oul'#.rtl to s if an. convey said land: that the a grantor hereby full to ar . I 1 I. a . , will t en. the 4rmh against the lawful claims of all persons whams• nd lsat said an is free a I encu .rant • •t pt lazes accruing subsequent t to December 31, 19 ; � a in witness Whereof, the . is .nl`w�fa3 , and sealed these presents the day and year first above written. S ed, sealed and delft red in our pr enca: _. ... .0. x.1:4-.0-- �2,2.1 ...: ......... ...?.Y.a ._.' // --® 'c u iet ice. '-.44.4.00-ktl._......_..� . w (� G�C ....W`�`"`'cam_ ... ..._....._.._. tJ i SPACE aEIOW WI EECDaDEas tnaE STATE OF FL iIDA COUNTY fa/COLLIER I HEREBY CERTIFY that on this day,before me, an officer duly • authorised in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Maurits H. .E�3aynaker and Fayetta L. Haymaker Received $ 3(O. Du't'mentary• Stamp Tax ithe known to be'the person described in and who executed the CUI icr CcUnt'y, Florida . ' !• ' 'foregoing'instrument and Ulna; acknowledged before me that \'vt •:_,t�. fl an, Clerk ' !f :1: s epetuted the same. b, (s-Lek D.C., 4 A.,-- T. _ . WITNESS my hand anal,pffjeial seal in the County and VV I ' 'r I, , Stat t aforesaid this 11tIT day of •r-, ,:,' march .4 A. D.[ - 199 84 1 : '''..' . ' . .C.XCL 1--, % U 0 :flit lnsinurinu prepurrd Iy: Faye tta L. Bicya�Gertic STATE OF FLORIDA a Rs•r, F„ n�,,� ,) MY COMM.ISS.O::EXP as JunE 1 1967 ,,. ,:,u,s p�,rJ rlddmr 1799A Beachwood Ave. ICNDFD TMIU CEUEi<.l IWISUPA1ta Urn °1.s°'"1°°a Fort Myers, Florida • • L 1 q_ CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007050199 vs. AUDREY JAKE, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Audrey Jake is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,did not appear at the public hearing,but entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4797 North Road,Naples,Florida,Folio No. 26480520100,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(B)(1)(d)in the following particulars: Converted pole barn into living space without Collier County Building Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, section I0.02.06(B)(I)(d)be corrected in the following manner: 1. By applying for and obtaining all required Collier County Building permits,having required inspections and by obtaining certificate of completions for all permits within 120 days(May 23,2008). 2. In the alternative,by obtaining a demolition permit for the removal of all additions and alterations to pole barn structure and by obtaining all inspections and certificate of compliance within 120 days(May 23,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 23,2008, then there will be a fine of$200 per day for each day for each day the violation remains. 4. That if,in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by May 23,2008,then there will be a fine of$200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$332.69 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of /lam ,2008 at Collier County, Florida. / CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ,IL' at_izot--- Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) it-. 1 The foregoing instrument was acknowledged before me this,;,(.,? day of t,, ,u.�E.,-.4 , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or k./ who has produced a Florida Driver's License as identification. NOTARY PUBLIC "'ti IffiIST1NE HOLTON My commission expires: •: :,a MY COMMISSION#DD 686595 341, EXPIRES:June 18,2011 v , Bandetr 111re Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Audreu Jake,4797 North Road,Naples,FL 34104 this=S C`s` day of " I. ,A ,2008. / ,- ) M. Jean Rawson,Esq. i Q r1 Florida Bar No. 750311 La cal .,+. R Attorney for the Code Enforcement Board :ourity 400 Fifth Avenue S.,Ste. 300 •,-PU • , <.- ,:, s. is 1 tr,e and Naples,Florida 34102 , ,n (239)263-8206 '4, .,. ,°.r C ounti . . I , l i, iIJ OW1 HT E.. '. a"fikel...t , i= COU RIF ^ ` ,_- 9OARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, CEB NO. vs. Case NO. 2007050199 AUDREY JAKE Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, AUDREY JAKE, on behalf of herself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number#2007050199 dated the 7TH day of MAY, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for Thursday, January 24, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a) of Collier County Ordinance 04-41, and described as Building or land alteration permit and certificate of occupancy THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$332.69, incurred in the prosecution of this case. 2) Abate all violations by: A. Must apply for and obtain all required Collier County Building permits, have required inspections and obtain certificate of completions for all permits within 120 days from this hearing or a $200.00 per day fine will be imposed for each day that violation remains. B. Or Respondent may obtain a demo permit and demo all additions and alterations to pole barn structure, and obtain all inspections and certificate of compliance within 120 of this Hearing date or a fine of$200 per day be imposed for each day the violation remains. C. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. (24 hours notice shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) ((( Respo JOHN MARSH • es '•- or Date Michelle Arnold, Director Code Enforcement Department REV 3-3-05 January 22, 2008 I, Audrey Jake, state that I do understand the terms of the Stipulation Agreement regarding the permit violation at property owned by me at 4797 North Rd,Naples, Fl 34104 and signed the Stipulation of my own free will. Dated this 22nd day of January, 2008. • A RE DATE 2 7 - v $ SSED DATE o£ /4' i/ia' NOT Y PUBL C DATE nvrts• r. Otuoso`" r " 2580008 OR: 2630 PG: 0397 RICOADID in OFFICIAL RICO/DS of COLLI!R COMM, FL 01/11/2000 at !2:!3PR DWIGHT I. !ROCK. CLIRK This instrument prepared by and OC !I0 1g.70 D Record & Return To: Attn: OC-.70 to DUNN TITLE COMPANY DUNK TITLI 4700 Tamiami Trail N., Ste. 1 PICT UP Naples, FL 34103 File No.: 99-5803A Parcel ID No.: 26480520100 QUIT-CLAIM DEED This Quit-Claim Deed, executed this •5 day of JANUARY , 2000 , by JARED E. NEWMAN, A SINGLE PERSON AND AUDREY NEWMAN, A SINGLE Q PERSON, first party, to AUDREY N ►;y• LE PERSON,second party, whose address is: 4797 North Road, •I 0 (Wherever used her= n = terms 'first party" - d =cond part" include all the parties to this instrument a d e _ • _ = . •__entati'es, nd assigns of individuals, and the successors and as. g •f •F_ • :tions, w er= erhe context so admits or Cr requires.) Witnesseth That �. 111) "' of the sum of$10.00, in o hand paid by the said = arty, the receipt ere•f i _ ;-by acknowledged, does hereby remise, release, an•r 1 -claim unto the ' • d •-y forever, all the right, title, a' interest, claim and demand a said first party h = = • to the following described I lot, piece or parcel of land situ: - • and bean• ' Z viz: of Collier, State of Florida, SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF THIS IS HOMESTEAD PROPERTY. THIS IS MADE PURSUANT TO A MARITAL SETTLEMENT AGREEMENT. To Have and to Hold, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining,and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party,either in law or equity,to the only proper use, benefit and behoof of the second party forever. Page 1 of 3 • Qult-Claim Deed Page 2 of 3 OR: 2630 PG: 0398 In Witness Whereof,the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered =mice of: a4' j l,.1/z o�r-- I, ess# •rat •J .�' , u ARED E. NEWMAN " . = : ' - = • "' ess#1 Printed Name lAllark .....! .. .i.a.-- 110-_, _..i... ss#2 Sign,to = 2 /. Printed Name of Witne-. #2 41 _ / 'Jr A a a ••;- - - iv 2.171j, , zriiik- )...724,4'1,I# IdlPiC►_ 0 N. r 4 IP ess#2 Sig j-ture�� _ Printed Name of Wttnes 1- STATE C �� OF: oA E CIS COUNTY OF: t • I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments,personalty appeared jARE01,BEISSAN known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that they executed the urn, and an path was not taken. Said persons provided the following type of identification: V. " ` C. C efts - . Witness my hand and official seal in , County and St= = as = • = this S day of JANUARY ,Milt. �, My Commission expires: VO°EL ` ,_i i , 41�-,+� i jek SU001 s • = • Public NO oo °M,r r . . • • 2L a Printed Name of Notary 4 (SEAL) 2 OR: 2630 PG: 0399 Quit-Claim Deed Page 3of3 STATE OF: h1112I0A COUNTY OF: (o(I t4.. I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments,personally appeared AUDREY NEWMAN known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that they executed the sam atand an oa was not taken. Said persons provided the following type of identification: I ct}G1:S UC°t S Witness my hand and official seal in th ounty and Stet= - - • - -id this day of JANUARY , 2000. '- My Commission expires: R CO y• ._ •lic ted Nam, of Note (SEAL) CO,Itra 01 1131E C V-C *** OR: 2630 PG: 0400 *** •A . EXHIBIT "A" Lot 13, COCONUT CREEK, Unit 2, as recorded in Plat Book 3, page 4, of the Public Records of Collier County, Florida, LESS the following described parcel: Beginning at the Northwest corner of Lot 13, COCONUT CREEK, Unit 2, as recorded in Plat Book 3, page 4, of the Public Records of Collier County, Florida; thence North 89°18'20" East, 181 r , 'TC• •• North line of said Lot 13; thence South 00°41 60" East, . 1 1�t 1t • I East line of said Lot 13; Weet par North line of said Lot 13, to thence South 89°18'20" feat , p the West Ilne of said Lot iJ thence North 00°44'40 We$-2$ feet along • st line to the POINT OF BEGINNING. ` 1 CZ 0 11'. W E--( 1, 14 . f.. 1 , , CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007050653 vs. NAPLES PROPERTY SERVICES,LLC Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Naples Property Services,LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and requested that the matter be continued for 120 days. The Motion for Continuance was DENIED. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 865 95th Avenue N.,Naples,Florida,Folio No.62769000004,more particularly described as Lots 14 and 47,Block 60,NAPLES PARK UNIT NO.5,according to the plat in Plat Book 3,Pages 14,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(c)in the following particulars: Existing structure with interior and exterior alterations and improvements without prior Collier County Zoning and Development review/approval. Also existence of an accessory structure without Collier County Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(c)be corrected in the following manner: 1. By applying for all Collier County Permits with 90 days(April 23,2008)and pursing same with due diligence. 2. Once the permits are obtained,by completing all work through related inspections and issuance of Certificate of Completion or Occupancy within 120 days(May 23,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 23,2008 then there will be a fine of$200 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by May 23, 2008 then there will be a fine of$200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$357.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,-)t) day of,\ LA-1-1-v-4 s/ , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ■ who has produced a Florida Driver's License as identification. „. IORISTINE HOLTOa l� e• MY COMMISSION#DD 888595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: qk,; r Bonded mru Notary Public Underwriter ` CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Charles Siragusa, 865 95th Avenue N.,Naples, FL.,and to P.O.A-3611,Chicago,Ill. 60690 and to 2727 North Mildred, Chicago, Illinois 60614 this 3 4"day of .j , -,m ,2008. Rare Ot FLORIDA;?F(16�A M. JeantiAwson,Esq. Florida Bar No. 750311 ounty of COLLIER Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 HEREBY. R TIFF T:tkr this is a true and Naples,Florida 34102 correct copy et ;, ,43—_:1:11t on,file in (239)263-8206 30.a J �� r:, . Of Collier County Y ? , i . r iD !cal this try , D'r'+/'iGHT E." I3RUCK ,f.tl:r..{ LF sy f? C .� CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2006060005 vs. CYNTHIA AURELIO MARKLE, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Cynthia Aurelio Markle is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4442 Wilder Road,Naples,Florida 34105,Folio No. 67790640001,more particularly described as Family Unit 19,Pinewoods Condominium Unit Two,according to the Declaration of Condominium thereof,recorded in Official Records Book 831,Page 1376,of the Public Records of Collier County, Florida,together with an undivided interest or share in the common elements appurtenant thereto,and any amendments thereto is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)(as renumbered 10.02.06(B)(1)(e)and 10.02.06(B)(I)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i);the Collier County Code of Laws and Ordinances,Section 22,Article II, 104.1.3.5, 106.1.2,and the Florida Building Code 2004 Edition, Section 105.1,105.7 and 111.1in the following particulars: Violation of interior non-permitted construction. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections I0.02.06(B)(1), 10.02.06(B)(1)(a), I0.02.06(B)(1)(d)(as renumbered 10.02.06(B)(1)(e)and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i); the Collier County Code of Laws and Ordinances,Section 22, Article II, 104.1.3.5, 106.1.2,and the Florida Building Code 2004 Edition,Section 105.1,105.7 and 111.1 be corrected in the following manner: 1. By applying for and obtaining all required Collier County Building Permits for any and all improvements and alterations or apply for and obtain a demolition permit for the removal of all unpermitted improvements to this property within 14 days(February 7,2007). 2. By obtaining all inspections and Certificate of Occupancy and/or Certificate of Completion for all non- permitted structure/improvements on the property within 60 days(March 22,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 7, 2008 ,then there will be a fine of$100 per day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by March 22, 2008,then there will be a fine of$100 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$320.05 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day off ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) I, )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this± 'day of T3 t u :` , 2008,by Sheri Barnett,Chair of the Codenforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. LL1U �ti l--V . (-10 r NOTARY PUBLIC Y'rr KRISTINEHOLTON My commission expires: • MY COMMISSION#DD 686595 ti,jt EXPIRES: l+y Bonded Thru Notary Public Underwriters 1.41 OA I HEREC7 '.r 1,!AA this is a true arci dunuartt ►Jr' t. v iy i ?:3 i�t rYdIGHT E. {_:._ �, ;� COI�f•RT� CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Cynthia Aurelio Markle,4442 Wilder Road,Naples,Florida 34105 this ,3O'day of :So,r ,2008. / -4- 1 -tom .i( „ -' M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2006100314 vs. JEFFREY MACASEVICH, Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on January 24,2008,on the Respondents' Motion to Continue,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.92-80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED for 60 days. This matter will be heard on March 27,2008. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this . 0 day of ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA f�--- BY: .x...,14 Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 $fate el FLORIDA ounty of COWER'I r 4, .,. I HERCBY,CERTIFY-THAT this Is a true ai d correct cony dt,a coo m*it o±9;file in Board Miryt: s of °.: _.:s > ,s of Collier County Wirt ESJ rc; ► . : iai seal this 5cfrI t ay(o* � 121 DWIGHT E. B OCK, CLUJ( OF COURT* Dv _ 1) �.. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of ,2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. IQ#IST1NEHtXTON �'t t eitt, MY COMMISSION it DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: ' Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Jeffrey A. Macasevich,4469 Lakewood Blvd.,Naples,FL 34112 and to Deborah Stewart, Esq.,375 Fifth Avenue S.,Ste. 100,Naples,FL 34102 this ;30 'day of Ct.r1 ,2008. _ l M.Jean awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 'll CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007040340 vs. A.L. PETROLEUM,INC., Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That A. L. Petroleum,Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8900 Davis Blvd.,Naples,Florida,Folio No.34740160001,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(e), 10.02.06(B)(2)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(e)(d),and 10.02.06(B)(2)(d)(ix);and Collier County 2004.58,Property Maintenance for the Unincorporated Area of Collier County,sections 16(1)(n)(3)and 16(2)(j)in the following particulars: Pole sign altered without required permit and is not being maintained in good repair. Three banners attached to the canopy without required permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(e), I0.02.06(B)(2)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(e)(d),and 10.02.06(B)(2)(d)(ix);and Collier County 2004.58,Property Maintenance for the Unincorporated Area of Collier County,sections 16(1)(n)(3) and 16(2)(j) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits,Inspection,and Certificate of Completion for all signs within 90 days(April 23,2008). The permit number is to be affixed to the sign at the time of CO. 2. In the alternative,by removing all non-permitted signs including supporting structures within 90days (April 23,2008). Should a wall sign be removed,removal is to include any shadowing that may be created. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 23,2008 then there will be a fine of$100 per day for each day for each day the violation remains. 4. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by April 23,2008,then there will be a fine of$100 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$573.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ZL ,S Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,j(.%' day of S0uniA a; `i , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or . who has produced a Florida Driver's License as identification. ,.0.' KRISTINE HOLTON ` ,■7 ,. = MY COMMISSION#DD 686595 v._��4a= EXPIRES:June 18,2011 NOTARY PUBLIC "../ . 'Spfn Bonded Thru Notary Public Underwnters I My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to A.L. Petroleum,Inc.,Arthur H.Lennox,Reg.Agent,8900 Davis Blvd,Naples,FL 34104 this 3p ÷`day of ^ ,2008. tat at ft.CRIVA M.Jean Rawson,Esq. .aunty of (; LL i,_R Florida Bar No.750311 Attorney for the Code Enforcement Board I II E't't':.' ,,.- ._77 1%!;17+h1 J l , true arle 400 Fifth Avenue S.,Ste. 300 xlvr,,-,, n i'0 t n Naples,Florida 34102 (239)263-8206 Afi''4° ) _ ..,i ii I,zi DWIGH1 E. CiRe,c , C#LC..: #A `)F COURTS ---)/r/lob*,-- " D G kol • . . - 1980926 OR: 2105 PG: 0680 • PREPARED BY and RETURN TO: RICORDID in OFFICIAL RICORDS of COLLIII CODITI. iL 10/03/35 at 02:0611 DVIGHT I. IROCI, CURL Roger N. Poserance, Esq. CO1s MOOCH Roger N. Pomerance, P.A. nC ?II 33.00 1900 Corporate Blvd. , NW Dec-.1t 38::.00 Suitt 201A, East Building Retn: coca Raton, Florida 33431 ATTOUITS TI?U 43I0kITRORWT #_`0 Property Appraisers Parcel ?TRIM F1, 33916 Identification (Folio) Number(s) : 0000056931120003 Grantee TIN: Special Warranty Deed This Special Warranty Deed, made the 21 day of .rtiST , 1995, by CEEVRON O.Y.A. INC. , a Pennsylvania corporation, having a mailing address of P.O. Box 1706, Atlanta, GA 30301 (hereinafter called the "Grantor") , to A.L. PETRoLEUX, inc., a Florida corporation, having a mailing address of 8900 Davis Boulevard Exit, Naples, Florida 33942 (herei • lied the "Grantee") . [Wherever used ' to r (r r . • and •Grantee• include the p o this inst • • fined above and each of their r twelve successors d signs.) WITNESSETH: at th .ntar, fn and n onsideration of the sum of Ten and o/ • : (L�4= 0". , ~ .- . nd other valuable consideration, re i w =r 0 a nowledged, hereby grants, bargains, a as e s T, i ' s el axes, conveys and confirms unto the era - ; - . ce �I `1" al property lying, situate and being i C"Ciillier County, to,idssf r" d more particularly described as: ( ' J SEE EXHIBIT "A" ED HERETO ANA RPORATED HEREIN (herein tr lied ",p party") The Property is convey to the following: SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that, except as noted on Exhibit "B", at the time of delivery of this Special Warranty Deed, Grantor was lawfully seized of the Property in fee simple, the Property was free from all encumbrances made by Grantor, and that Grantor hereby warrants the title to the Property and will defend same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against z r none other. 1 , 't 1/ �_ f' P, OR: 2105 PG: 0681 Special Warranty Deed -continued- t r In Witness Whereof, Grantor has signed and sealed these 4 presents the day and year first above written. y Signed, sealed and delivered h} in the presence of: CHEVRON U.S.A. INC. a Pennsylvania corporation x 2treof .3 fJ LU5 G i x),..-) By: I� 07? [Pr nted Name i Witneen] HARD`/ P. l�AV15r 5e W . wr NAM: -4 [Signature of Mitneee] ���,; [P '71.27..x �] 0 --refeS4 LAIldfa I`,. ' Printed Name of Witne'a] = , \S"--co •orat fie, . [ e��d 4 7)1V Lo `' STATE OF GEORGIA '. ,. COUNTY OF COBB r0 .►:r`,�t,� I HEREBY CER 4= that, on "ay w me, an officer duly qualifie ; ;t• take •algae edgements, personally q, appeared N eki P tomns..stz . = 0 ite--� ecretary of CHEVRON U.S.A. ,.; INC. , a Pennsylvania torpor- %'- w is personally known to me er ry at s fd :+ enttfieatie , and who executed the foregoing instrument and acknowledged before me that _he executed the same for the purposes set forth therein. WITNESS my land and sal ip the County and State last aforesaid this drilday of /145u-ST , 1995. Print Name: LI)' t• 1IA H I L t �,.. i),. Notary Public mil.sy 7?,:4 V ;.� Commission No. . � Y taatt, fir' y My Commission expires: I! 9 9(0 V:= Je e.y �sy 2 4'4 ' y?{ ' fi t ra ft. OR: 2105 PG: 0682 Exhibit 'A" LEGAL DESCRIPTION A BOUNDARY SURVEY OF Beginning at the Northeast corner of Tract 2 of the recorded Plat of Gator Gate Unit 2 , ac, recorded in Plat Book 7 , Page 54 , Collier County Public Records , Collier County, Florida; thence run S.0' 50'32"W. , along the East line of said Tract 2 and along the West right of way line of Stat - 951 for a distance of 175 . 0 -. feet; thence run N . 5 . 42 R 0'a stance of 161 . 95 feet; ., ' s -a ? . 51 fuel:. along the arc thence run Northwesterly r curve , o j, e to the Southwest, of . a non-tangential c' radius 905 .71 feet, _,u ended by a c rd which bears North 45. 31109"14. , 52 . 56 fe t; :hence . ' 50' "L. , for a distance of 138.35 feet to a poi . l the r.�� lin of s- i Tract 2 and on the ��: „ .,;. '13; thence run South South way t i e . J a t ac 2 and right of war + along the 89..42' 57"E. along : a distance of 200 II . .�e S-35 South right of way ]�i� t �..i�e r Tract 2 of said feet to the point o n� % t: 2 in the rtk 5 1/4 of Section 3 , Plat of Gator Gate Florida . Township 50 South , Ra\■ 25 East, Co Y , County , 1•'��`l. . - R C1i k'. I ts' t Cy<i` 'G( . ` OR: 2105 PG: 0683 •t Exhibit "B" 4 1. Taxes for the year in which the deed is delivered to Grantee. 2. All easements, reservations, exceptions and restrictions of record, which matters are as follows: ?, A. Easement to Florida Power & Light as referred to in Deed recorded in Official records book 290, Page 188. ). h. Pending municipal assessment liens for public tr improvements, notice of which is contained in Resolutions recorded in Official Records Book 646, Page 1838 and Official Records Book 1770, Page a g - . �a licable to the Property. r 3. Zoning and buildi -fir,-���'� k F r; 4. That state of a S depicted on t at ` ertain survey of the Property prep, re b " elk- - = • I • �i_ , dated 11/7/91. R i i 5. The Property 'ma not se- ' . v IL en ial, educational or r hospital purp4� ' ° 6. That certain 4s ment and ag be entered into by !/C Grantor and Granlr-� ntemporaneo ly ith the delivery of the deed and recorded sib tali ovs - herewith, relating to, among other things, environmental assessment and remedial work to be performed following closing by Grantor on the Property. I f i /7 OR: 2105 PG: 0684 CERTIFICATE OF CORPORATE RESOLUTION CHEVRON U.S.A. INC.. RESOLVED: That any officer of this Corporation or any division thereof be, and each of them is hereby,empowered in such capacity to execute for and on behalf of this Corporation (without the necessity of affixing the corporate seal) all papers requiring execution in the name of this Corporation, except no authority is conferred by this resolution for execution of any of the following: (1) Leases or deeds to others covering oil, gas or other hydrocarbon or non- hydrocarbon minerals underlying fee lands of this Corporation where either book value or sale price exceeds Twenty-Five Million Dollars($25,000,000.00)or the acreage exceeds 6,400 acres; (2) Deeds or conveyances to others covering fee lands of this Corporation, other than rights of way and similar easements, where either book value or sale price exceeds Twenty-Five Million Dollars ($25,000,000.00 • (3) Documents, i ,-*VS- cT-c011- . .• notes in support of any borrowings; provided,however,that pro, ' • notes and other.40.iments given as consideration for the acquisition of real or pers nal • ••-n shall not be erred to constitute a borrowing; (4) Documents •r ,,., is'- b' •'n arik accounts in the name of this Corporation,or withdrawin of u ..s r 10•i o •,n •a k counts of this Corporation, and be It further (r, �`� !. ,-, r� t fist/ solution is authorized to affix the RESOLVED: Tt�a�' ach party empow ed by i_ seal of this Corporation taa,� papers as requt x a Js a1;'a d to acknowledge and deliver any such papers as fully as if sF ..\<.,....uthority were gr iii each particular instance; and be it further �U RESOLVED: That any office orporation or of any division thereof, be and each of them is hereby empowered on behalf of this Corporation to appoint any person or persons whom they or any one of them may deem proper as Agents or Attorneys-in-Fact of this Corporation usually for a term of one (1) year but in no instance to exceed a term of five (5) years with such powers said persons or any of them, may lawfully do by virtue of the authority herein granted to them; and be it further RESOLVED: That the resolutions of similar import adopted by this Board of Directors ' on July 31, 1991, hereby are rescinded. I, HARRY P. DAVIS, JR., Assistant Secretary of CHEVRON U.S.A. INC., a Pennsylvania corporation, do hereby certify that the foregoing is a full, true and correct copy of certain resolutions adopted by unanimously written consent of Directors of said Corporation dated July 24, 1992 and that said resolutions are in full force and unrevoked. WITNESS my hand and seal of said Corporation this 0?• day of April, 1995. 0 I r,_1_i• /2 I I'g.`""`° /' harry P. Davis,VV Jr. q U.yrr4, Assistant Secretary 040.cfatt oR4 It e- ...1.- fob (SEAL) _* AUG.9,1922 *4:.o 4y r-'S L11 1 e • — I hq. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007030794 vs. REINALDO AND ZORAIDA JARDINES AND SYLVIA JIMENEZ, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Reinaldo and Zoraida Jardines and Sylvia Jimenez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 7 Creek Circle,Naples,Florida 34114,Folio 49530480009,more particularly described as(see attached legal) is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(1)(A), 10.02.06(B)(1)(D)and 10.02.06(B)(1)(D)(I0) (amended June 2007 to 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(I)respectively,and The Florida Building Code, Section 105.7 in the following particulars: New seawall construction without first obtaining all required Collier County Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I)(A), 10.02.06(B)(1)(D)and 10.02.06(B)(1)(D)(I)(amended June 2007 to 10.02.06(B)(1)(e)and 10.02.06(B)(l)(e)(I)respectively,and The Florida Building Code,Section 105.7 be corrected in the following manner: 1. By obtaining all required Collier County Building Permits, Inspection,and Certificate of Completion for seawall within nine months(October 24,2008). 2. In the alternative,by obtaining a demolition permit for the removal of the seawall through to an issuance of a certificate of completion within nine months (October 24,2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 24, 2008 ,then there will be a fine of$50 per day for each day for each day the violation remains. 4. That if,in the alternative,the Respondents do not comply with paragraph 2 of the Order of the Board by October 24,2008,then there will be a fine of$50 per day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$314.90 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 36 day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C UNTY,FLORIDA BY: (7 Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,,%/ day of ��tt.�s •V�� , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or r/ who has produced a Florida Driver's License as identification. iHOLTON NOTARY PUBLIC MION#DD 686595 June 18,2011 My commission expires: Bory Pubec Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Reinaldo 4Y� and Zoraida Jardines and Silvia Jimenez, 7 Creek Circle,Naples,FL 34114 this -: -% day of , 2008. M.Jean Rawson, Esq. xate ei F t...ti:i vl.)A Florida Bar No.750311 ounty of COLLIER Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 HEREBY TH,'J this 's a true and Naples,Florida 34102 orrect ti+�,° (239)263-8206 ioarl g , ''ter County this C ea' MOfflk-- Z MIGHT E. t3;?..r(.,,:, c., t or COURTS Prepared by: 3827445 OR: 4025 PG: 1516 Shannon Del Real RECORDED io OIYICIlL RECORDS of COLLIER COUNTY, PL Title Services of Collier County, LLC 04/26/2006 at 01:341K DWIGHT E. EROCI, CURE 3363 Tamiaml Trail North COIN 240000.00 Naples, Florida 34103 RIC PEI 18.50 File Number: N2195 DOC-.10 1680.00 Seta: TITLE SERVICES ON COLLIER CO PICK UP Warranty Deed Made this April 21, 2006, A.D. by Terry James Entrican and Sharon Lee Entrican, husband and wife, whose address is: 7 Creek Circle, Naples, Florida 34114, hereinafter called the grantor, to Reinaldo Sardines and Zoraida Jardines, husband and wife and Silvia Jimenez, a married woman, whose post office address is: 4407 Liberty Ave., North Bergen, NJ. 07047, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt when• ' -- z• acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and rr ii ;,_ • • tee, all that certain land situate in Collier County, Florida,viz: Q�' Parcel No. 6: Being a part of Lot 6 and fiBlock F, HEND • ) EEK PARK, a recorded in h Plat Book 4, page 6, Publi •rds of Coll,- 141 Florida, and other lands, all lying and being in Sectio ► -nd 11, T• p 51. South, Range 26 East, Collier County, Florida, and be - •Tr ire-q rfa • arly described as follows: Beginning at the most Northerly corner of Lot 7, Block F, HENDERSON CREEK PARK, run South 51 degrees 56' 50" East, along the Northeasterly line of said Lot 7 and its extension for 172.38 feet: thence run South 01 degrees 59' 00" West, for 120.07 feet: thence run North 76 degrees 59' 03" West for 65.82 feet: thence run North 01 degrees 59' 00" East, for 101.90 feet: thence run North 40 degrees 56' 30" West, for 128.75 feet to the most Westerly corner of said Lot 7 and the Right-of-Way of Henderson Creek Circle: thence run 20.16 feet along the arc of a curve, concave to the Northwest, having a radius of 105 feet and subtanded by a chord having length of 20.13 feet and bearing North 43 degree 33' 10" East to the POINT OF BEGINNING. Parcel ID Number:49530480009 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. "•"'° vie. `lucJ ru; 1J1( And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful daims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2005. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: d119 �liio•Pft��. _ •, x,i��� )(seal) Terry 3a ntrican Witness Printed Name 3_ •a PC n S�..M! Sharon Lee Entrican P nted Name a State of Florida G County of Collier . _ The foregoing instrument was a kno I • e F ■•i 7 'I 21, 2006, by Terry James Entrican and Sharon Lee Entrican, husba �■ a • • '-frai- pe'.o al own to me or who has produced • r.:• r /ll4 ,t►1 S.DEL REAL 0.4., e L, 4 A v. • r. (SEAL) � ,3 =OC�T 2 20076 ' E C -. me: i dd eorCEO OUGH aA In IHri"ENOTAaiNRYOFaa+W My Commission Expires: DEED Individual Warranty Deed-Legal on Face Closers'Choice f- CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006080127 vs. MARY EDWARDS, Respondent / ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on January 24,2008,on the Respondents' Motion to Continue,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED for 60 days. This matter will be heard on March 27,2008. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of /f�,., ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: _ le Sheri Barnett,Chair 2800 North Horseshoe Drive t: cif Et f ,':',:.A Naples,Florida 34104 ',ounce/ of :°p . .ii HERT' .;' T P; T .insisatrueand .4 lc rd �i d +` ' :., G4.in DWIGHT E,. L .:? .K,C; .. K~+0r C URT DIP STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 5 day of ‘,75-C`,--/ m ,2008,by Sheri Barnett, Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. ~!► KRISTINEHOLTON a NOTARY PUBLIC MY COMMISSION#DD 6865 5 My commission expires: t.,-�,,� ` EXPIRES:June 18,2011 A ic.. Bonded Tin Notary Pubkc Undenvr'ters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mary Edwards,47 Moon Bay Street,Naples,FL 34114 this 3O41"day of `.t__r 1,2008. '')/ — - i ' — 'C_ 4-t-- -:i ._,, — M.Jean,I wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2006120209 vs. TEUDIS ZAMORA Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Teudis Zamora is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified by posting,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by posting. 4. That the real property located at 3471 2"d Avenue, S.E.,Naples,FL 34117,FOLIO 40862480006,more particularly described as The East 75 feet of the West 150 feet of Tract 26 of GOLDEN GATE ESTATES,UNIT 80,according to the Plat thereof,as recorded in Plat Book 5, Page 18,of the Public Records of Collier County, Florida,is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections l 0.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i),The Collier County Code of Laws and Ordinances, Section 22,Article II, 104.1.3.5 and 106.1.2,and The Florida Building Code,Sections 105.1and 105.7in the following particulars: Permit No. 2004033362 for a garage conversion and permit number 2004033365 for laundry room conversion both in inspection status and permits have expired without being CO'ed.Also there exists a fence and shed on property without first obtaining any Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I)(a), I0.02.06(B)(1)(e)and 10.02.06(B)(I)(e)(i),The Collier County Code of Laws and Ordinances, Section 22,Article II, 104.1.3.5 and106.1.2,and The Florida Building Code,Sections 105.1and 105.7 be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit, Inspection, and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the property within 120 days(May 23,2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 23,2008, then there will be a fine of$50 per day for each day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$251.65 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 33O day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: its / Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this. y day of_ )arntka-r.1 , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. ' KRISTINE HOL1ON ,, .. MY COMMISSION#DD 686595 NOTARY PUBLIC I EXPIRES:June 18,2011 My commission expires: Bonded'lbw Notary Public Underwriters a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Teudis Zamora, 3471 2"d Avenue S.E.,Naples,FL 34117 this 504"4-day of Tyr ,2008. state or FLORIDA county of COLLI£ `I /7 r:l 1r^ M.Jew(' Esq. 1 HE e:.7,3Y CER"�!'FY HA7 this,ls a :rue WV Florida Bar No 750311 sorfO,.t co rot � x ,� ^�^ .t °V116 (Ii£" Attorney for the Code Enforcement Board Board Mints 4u1=,.1, of-Collier Coue, g 400 Fifth Avenue S.,Ste. 300 ,; �+ ;t :_ . fhf ; :� Lh Naples,Florida 34102 3O! day of (239)263 8206 DWIGHT E. BRO(, + cbiiv-,:, Pc-. _,� ` CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006090001 vs. JAMES BACHMANN, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That James Bachmann is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing in person and by Attorney Peter Flood. 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 1180 Dove Tree Street,Naples,FL 34104,FOLIO 00304040009,more particularly described as The West'/2 of the South 1/2 of the South 1/2 of the North 1/2 of the Northwest'/4 less the West 35 feet thereof,dedicated for road purposes,lying and being in Section 14,township 49,South,Range 27 East, Collier County,Florida is not in violation of Collier County Ordinance 04-41,the Land Development Code, as amended,sections 1.04.0land 2.02.03 in the following particulars: Unauthorized/prohibited above ground pool in Agricultural zoned property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 1.04.01 and 2.02.03 do not exist in this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of . ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA __2s BY: ;_____ » Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3o day of ,,�,Li ,.`i , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is 1 personally known to me or ✓who has produced a Florida Driver's License as identification. . ---r1' KAtAJQ „ ! KRISTIN r !a, A MY COMMISSION 8 DD 686595 NOTARY PUBLIC . -- : EXPIRES:June 18,2011 My commission expires: j Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to James Bachmann, 1 180 Dove Tree Street,Naples,Florida 34104 and to Peter Flood,Esq., 125 N.Airport Rd., Ste.202, Naples,Fl 34104 this.3C' 'day of ,c-L:k, , . ,2008. M.Jea Rawson,Esq Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 :,tale; et FLOP 111 aunty of G:..`,.1.1 ER d 1 HF:.t'a�:v ,7 14'1 54 "'J:is is a true a {+` . a _. , (1 r .Hier County fa t:'r .; d this O't�91+"'-`T E.-1.,;',1:t,2►,C RiK. F COURTS CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007100608 vs. RICARDO JR.AND MAGDA L. MUNOZ, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Ricardo Jr. and Magda L. Munoz are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,did not appear at the public hearing,but entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4143 Kathy Avenue,Naples,Florida,Folio 26531520004, more particularly described as Lots 13 and 14,Block C,Coconut Creek,Unit No. 3,according to Plat in Plat Book 3,Page 48,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41, the Land Development Code,as amended,section 02.02.03 in the following particulars: Recurring violation of using land in ways not permitted by the provisions of a RSF-3 zoning district. The property owner is using subject property for the commercial sale and display of vehicles. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation incorporated herein and attached hereto, and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code, as amended,section 02.02.03 be corrected in the following manner: 1. By removing all vehicles for sale from the property that are not personally owned, licensed and registered to the owners of the property in question within 48 hours(January 28,2008). 2. By ceasing any use in whole or in part that is prohibited within RSF-3 zoning district. • 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by January 28, 2008 ,then there will be a fine of$100 per day for each day for each day the violation remains. 4. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$270.28 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 36 day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C LINTY,FLORIDA BY: c+,. Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this& day of G`c k_r,1 , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or .v who has produced a Florida Driver's License as identification. KRISTINE HOLTON LA..' r•—k ,e'�-. ,.. MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: 4,R6w Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Ricardo and Magda Munoz,4143 Kathy Avenue,Naples,FL 34104 this 3C5 w'day of e ,2008. 'r / _is. M.Jean.Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples, Florida 34102 Stara el a�.','r;_' (239)263-8206 .i0411Ty ill tnicrartul E.,c , C. ,IS: r County t9;r lt��li E. 67.0(. CL.:1KO bOURTS f , it co V BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007100608 RICARDO JR & MAGDA L. MUNOZ (PROPERTY OWNERS) Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, yd&c., i--AtInt V1OZ on behalf of himself or representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007100608 dated the 24TH day of JANUARY, 2008_. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 24, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 02.02.03 and are described as, Using land in ways not permitted by the provisions of a RSF-3 zoning district. The property owner is using subject property for the commercial sale and display of vehicles. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$270.28 incurred in the prosecution of this case. 2) Abate all violations by: A. Remove any vehicles for sale from the property that are not personally owned, licensed and registered to the owners of the property in question within 48 hours of the date of this hearing or a fine of $100.00 a day will be imposed until such time a the vehicles are removed. B. Cease any use in whole or in part that is prohibited within RSF-3 zoning district C. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. A (X /Or edit^f. /PS - 19- Respondent MichelleAr(iold, Director Code Enforcement Dep ment //,7 13 oF Date Date REV 2/23/07 "x 3792979 OR: 3989 PG: 3773 IX RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/21/2006 at 02:51PM DNIGHT 1. BROCK, CLERK Retn: Ricardo Munoz: CONS 50000.00 4143 Kathy Ave RBC HE 10,00 Naples,FL 34104 DOC-.70 350.00 COPIES 1.00 NISC 1.50 Rata: MAGDA MHNOZ 4143 WHY AVE WARRANTY DEED WLMS FL 34104 THIS INDENTURE, made this 27th day of February, 2006, between MARGARITA MUNOZ, an un-remarried widow, whose post office address is 4019 Estey Ave,Naples, FL 34104, GRANTOR,and RICARDO MUNOZ,JR. and MAGDA L. MUNOZ,as Husband and Wife and MARGARITA MUNOZ an un-remarried widow,whose post office address is 4143 Kathy Avenue,Naples,FL 34104,GRANTEE. WITNESSETH that said Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledge,have granted,bargained and sold to the said Grantee,and Grantee's heirs and assigns forever,the following described land,situated,lying and being in Collier County,Florida,to-wit: LOTS 13 AND 14,BLOCK C,COCONUT CREEK, UNIT NO. 3,ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 48, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Subject to easements and restrictions common to the subdivision;and real estate taxes for the current year,Property Identification Number 26531520004 and 26531560006. and said Grantor does hereby fuj : .1 id land, and will defend the same against the lawful claims of all ., • omsoever. IN WITNESS WHEREOF, , e •• .r - nto - Grant is fiend and seal the day and year first above written. \1 Singed,sealed and deliver d in our presen• : L Witness#1 • MARGAV. ''RUNOZ i 4019 y ry nue c_ " , /4104 L , Riot p�ess.#2 SATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING instrument was acknowledged before me this th day of February, 2006, by MARGARITA MUNOZ, who are personally know to m or who has-produeed as identifioa.'•. and who id t take an oath. SARA CARRASCO MI MY COMMISSION•DO 233436 N• .ry Public mis vogmess:+2.2007 Pr nt Name: S 7 -' ••^' 7 •..0uoam Assoc.C.Q 4 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007050136 vs. CIRCLE K. STORES, INC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Circle K. Stores,Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 10996 Winterview Drive,Naples,Florida,FOLIO No. 3343040005,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix), 5.06.04(C)(8)(b), 5.06.04(C)(8)(c), 5.06.04(C)(8)(d)and 5.06.04(C)(8)(e) in the following particulars: Signs erected without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections I 0.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix), 5.06.04(C)(8)(b),5.06.04(C)(8)(c),5.06.04(C)(8)(d)and 5.06.04(C)(8)(e) be corrected in the following manner: I. By obtaining all required Collier County Permits for signs, if obtainable,within 14 days(February 7, 2008). 2. All inspections through certificate of completion must be accomplished within 60 days of ATF permits issuance. After-the-fact permit fees of 4 times the amount of the original permit are to apply. The permit number is to be affixed to said sign at the time of the CO. 3. That if the Respondent does not comply with paragraphs 1 and 2 of the Order of the Board by February 7,2008 ,then there will be a fine of$150 per day for each day for each day the violation remains. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$289.46 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of ��, ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this .3C day of - 't.usl..r ' , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or V who has produced a Florida Driver's License as identification. ► KRISTINEKOITON u,�. ' �'\3,�l „ MY COMMISSION N DD 686595 EXPIRES:June 18,2011 NOTARY PUBLIC �� Public Undenv tcrs ' '••.. BondedrnreNot_ My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Thomas Lewis, CEO,Realty Income Properties,220 West Crest Street,Escondido,CA 92025 and to Circle K Stores,Inc., Corporation Service Company,Reg.Agent, 1201 Hays Street,Tallahassee,FL 32301 this ,3c:.,14 day of ,2008. M.Jean Rawson,Esq. Cfe at F! n;!3p► Florida Bar No. 750311 of G�,�icR Attorney for the Code Enforcement Board many 400 Fifth Avenue S., Ste. 300 s t ,.it title Naples,Florida 34102 x °:..., ,. i, (239)263-8206 to r . in m:, : this V WIGHT d E. L �;;DiL .. �..-.•(1 , i� 4:� R A V BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007050136 CIRCLE K STORES INC CORPORATION SERVICE COMPANY(BUSINESS OWNER) REALTY INCOME PROPERTIES THOMAS A LEWIS(CEO)(PROPERTY OWNER) Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned,X s€Q //- v-S on behalf of himself or, 0/e f�0/T2ry2xck/ei2 as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007050136 dated the 24th day of January, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 24th, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 04-41, The Land Development Code, as amended, 10.02.06[B][2][a], 10.06.02[B][2][d][ix], 5.06.04[C][8][b],5.06.04[C][8][c], 5.06.04[C][8][d] and 5.06.04[C][8][e] and are described as Signs erected without proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$289.46 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain required permits for signs if attainable or remove within 14 days of the date of this hearing or a fine of$150.00 a day will be imposed until said sign(s) are permitted or removed. All inspections through certificate of completion must be accomplished with 60 days of ATF permits issuance. After The Fact Permit Fees of 4 x the amount of the original permit are to apply. The permit # is to be affixed to said sign at the time of CO. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. r �&4 t 4'A- -e-po sent - z old, Director Code Enforcement epartment 9I-2f Da fie ' �4 o � te Date REV 2/23/07 \0\ ‘60 3378377 OR: 3540 PG: 3204 10° RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL This instrument was prepared by: 04/12/2004 at 01:4411 DRIGHT L BRUCE, CLIRE Davies Ward Phillips&Vineberg LLP COMB 1000000.00 1501 McGill College Avenue,Suite 2600 DEC FEE 00. 0 DOC-.TO T000.000 Montreal, Quebec H3A 3N9 Rath: Attention: Marc Trottier,Esq. LAMDAURICA FIWCIAL GROUP 1302 1 1911 STREET Recording requested by and TAMPA FL 33605 L- Recording recording return to: Record and Return to: LandAmerica- Christina Oliver 1302 N. 19th Street-Suite 200 Tampa,F����2 vl File# 'I Parcel Identification No. 3 004'030 5 [Tax folio no.] v-VER A . L WARRA KNOW ALL MEN BY E • • - M THAT,CIRCLE K •m' t • - : •∎'�'• i n(`Grantor"),for and in consideration of the sum of �.3.7 , :.y a. 1' d o,� . • d valuable consideration in hand paid to Grantor by RI ,a Delaware It,•i ted 1iab' company("Grantee,")whose mailing address is c/o Realty •s• • e Corporation , s -si Street,Escondido,CA 92025-1707 and whose fede • -ntification numbe '84162, the receipt and sufficiency of such consideration •5Ps,, - -by ackno • 41,, as GRANTED, SOLD AND CONVEYED,and by these presents a• I 1hp b, co. 4Ri.i,CONVEY and CONFIRM unto Grantee,in all cases as of March 18, , rtain real property being more particularly described on Exhibit"A," attached hereto and made a part hereof for all purposes, together with all improvements and fixtures situated thereon (collectively,the"Property"), LESS AND EXCEPT any Storage Tank Systems(as hereinafter defined)on, in,under or at the Property,the ownership of which is being retained by Grantor, its successors and assigns; SUBJECT TO: all real estate taxes not yet delinquent;covenants,conditions,restrictions, easements,rights of way and other matters of record(provided, however,that this reference shall not operate to reimpose any of the same); and applicable laws,ordinances,statutes,orders, requirements and regulations to which the Property is subject. "Storage Tank System" means a complex of one or more aboveground, if any,or underground petroleum products storage tanks and their associated underground,aboveground,and/or connected piping and related fuel dispensing,pumping,mechanical,control and detectional equipment. TO HAVE AND TO HOLD the Property,together with all and singular the rights, hereditaments,and appurtenances thereto in anywise belonging,unto Grantee,its successors and assigns, and Grantor hereby agrees to WARRANT AND FOREVER DEFEND all and singular OR: 3540 PG: 3205 the Property unto Grantee,its successors and assigns, against every person whomsoever lawfully claiming,or claim the same,or any part thereof,by, through,or under Grantor but not otherwise. Grantor retains for itself and its successors and assigns and the respective agents, employees and contractors of each of the foregoing(collectively the "Grantor Parties")a right of access in,upon,over, along, under, through and across the Property for the purpose of monitoring,inspecting,testing,cleaning,remediating,repairing,preserving, altering, renovating, upgrading, replacing,closing and removing Storage Tank Systems from time to time and a right of access in, upon,over,along, under,through and across the Property to the extent necessary or desirable from time to time to effectuate any environmental monitoring,inspecting, testing, and remediation activities and to conduct any reasonably necessary activities incidental i thereto(collectively all of the foregoing operations relating to Storage Tank Systems and the foregoing activities being referred to as the"Access Activities"),provided that such Access Activities do not unreasonably interfere with Grantee's use of the Property. By acceptance of this Deed,Grantee agrees to provide access to the Property to each of the Grantor Parties for the foregoing purposes upon reasonable prior notice to Grantee,provided that Grantor shall cause any person exercising the foregoing right of access,at its sole cost and expense,to promptly repair any damage to the Property that . : fi ill,Lits performance of any of the foregoing activities on the P r o p e �•w . . -r p . • .l�lt''s, Grantor shall defend,hold harmless and indemnify Grantee f d against any an. • •k:. .ge to property or injury to persons caused by the perform nc- c*-any.of the foregoing a •vittgs on the Property. Such right of access shall terminate upoin th: la ` : .)t - to i n:tion o theLease Agreement for the Property by and between Gnto r ; ,, . .•,,.� ,4 . 18 2004, as amended,restated, supplemented or replacedm to - a . -:` at e rantor Parties have completed all Access Activi ' - 4. • - . t, P .. �t,,: Y f a' m : applicable law,the Purchase Agreement for the • o.. rty by and betwee rancor . . tee dated as of March 16, 2004,such Lease Agreem- •1 'r the"Environme-44.i,- i.b. .Agreement" as defined in such Purchase Agreement,as a� 6.he foregoing may . < .,restated,supplemented or replaced from time to time, as m. bg - ••enced by an • . . • ental approvals therefor. Upon termination of such right of access, .r : • . kitcEew:rs and assigns to this right of entry shall promptly upon request of the Grant- - < 0 , . deliver to Grantee a termination agreement,in form as Grantee may reasonably request,effecting the release of such right of entry. The access rights reserved herein shall burden the Property and shall run with the Property and shall burden successive owners of the Property and each portion thereof. OR: 3540 PG: 3206 EXECUTED this j day of March, 2004. Witnesses: GRANTOR: c(c__ CIRCLE K STORES INC., a Texas corporation First Witness tsar- -11-2- . Ct� � C' Printed Name of First Witness By: ` Name: G EY L Title.FRE Second Witness c�, Address: 1500 N. Priest Drive V / 4// Tempe, Arizona 85281 Print-. Name of Second Witness - ttn: Susan Spencer 65 CC:M. t. STATE OF ARIZONA ) - ) ss: COUNTY OF MARICOPA 0 \)-\-The foregoing instrument was • l=• - ore me this/G 'day of March, 2004, by GEOFFREY C. HAXEL , as Vi C RESIDENT of CIRCLE K STORES INC., a Texas corporation, on behalf of the corporation. He/she is personally known to me or has produced fte D -- as identification. &eee.(5/4-2 1—\ Printed Name of notary: [NOTARIAL SEAL, if any] Notary Public, State of Arizona Expiration date of commission: Commission or serial number: ,..�.," OFFICIAL $EAL ALLEN S. BROWN o,.�-) t.NOTARY PUBLIC-sr of Minna . MARICOPA COUNTY My Comm.Expires Nov.24,2008 1 *** OR: 3540 PG: 3207 *** Exhibit A Cost Center No. 2707457 10966 Winterview Dr., Naples, . FL A part of Tract"A" of FOUR SEASONS,according to the map or plat thereof as recorded in Plat Book 10,Pages 95 through 97, inclusive,of the Public Records of Collier County,Florida,being more particularly described as follows: Commencing at the Northeast corner of said Tract"A"of said Four Seasons;thence along the East line of said Tract"A",South 00°12'18"East 215.35 feet,thence North 89°l5'03"West 302.68 feet to the East right of way line of Winter View Drive and the West line of said Tract"A";thence along said East right of way line and said West line f Tract"A",North 00°08'12"West 65.61 feet; thence South 89°15'03"East 20.00 feet;thence North 00°08'12"West 150.00 feet to the South right of way line of David C.Brown Highway;thence along said South right of way line,South 89°15'03"East 282.43 feet to the Pont of Commencing; LESS and Except that part taken by that certain Stipula •■* recorded May 7, 1993 in Official Records Book 1823, Page 1319 of the Public Records of Collier Co . 1 �"- 0 1, • �} r / CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.200704037 vs. CIRCLE K. STORES,INC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Circle K. Stores,Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 13556 Tamiami Trail N.,Naples,Florida,FOLIO 00154560603,more particularly described as(see attached legal) is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections,5.06.04(C)(8)(b),5.06.04(C)(8)(c), 5.06.04(C)(8)(d),5.06.04(C)(8)(e) 10.02.06(B)(2)(a),and 10.02.06(B)(2)(d)(ix)in the following particulars: Signs erected without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 5.06.04(C)(8)(b), 5.06.04(C)(8)(c),5.06.04(C)(8)(d),5.06.04(C)(8)(e) 10.02.06(B)(2)(a),and 10.02.06(B)(2)(d)(ix) be corrected in the following manner: 1. By obtaining all required Collier County Permits for signs,if obtainable,within 14 days(February 14, 2008). 2. All inspections through certificate of completion must be accomplished within 60 days of ATF permits issuance. After the fact permit fees of 4 times the amount of the original permit are to apply. The permit number is to be affixed to said sign at the time of the CO. 3. That if the Respondent does not comply with paragraphs 1 and 2 of the Order of the Board by February 14,2008,then there will be a fine of$150 per day for each day for each day the violation remains. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$304.07 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: e Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this' .) day of , )0 i-10 cu'Y , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓,f who has produced a Florida Driver's License as identification. "„ IaiISTINE HOLTON `� \./.�' �.L.1---0 A- _ _-`0-- s`' -: NOTARY PUBLIC 4: !a∎ :+_ MY COMMISSION#DD 686595 . �_ti<€ EXPIRES:June 18,2011 My commission expires: 4.84;;- ' Bonded Thru Notary Punk Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Circle K Stores,Inc.,Corporation Service Company,Reg.Agent, 1201 Hays Street,Tallahassee,FL 32301 and to Ronald and Patricia Freeman,2692 N.E. Highway 70,OFC 532,Arcadia,FL 34266 this 'k.J "day of C-- - 2008. r , , :, - M.Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board r -j� 400 Fifth Avenue S., Ste.300 .;i41 U t r Naples,Florida 34102 +S t;u? nC (239)263-8206 -t r;,19 cr County ; :,t=ul this )wlc i I" t: °°r,!' .L3: Z; Of COURTS -iv y" _.. at, s. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007040437 RONALD AND PATRICIA FREEMAN(Prop Owner) CIRCLE K STORES INC. (Bus Owner) CORPORATION SERVICE COMPANY (Reg. Agent) Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned-- fe" S , on behalf of himself or - pp� •,,7-� as representative for Respondent and enters into this Stipulation and Agreement with Collier Coufity as to the resolution of Notices of Violation in reference (case) number 2007040437 dated the 24th day of January, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for January 24th ,2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s)04-41, The Land Development Code, as amended,5.06.04[C][8][b], 5.06.04[C][8][c], 5.06.04[C][8][d], 5.06.04[C][8][e], 10.02.06[B][2][a], 10.06.02[B][2][d][ix], and are described as, Signs erected without proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$304.07 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain required permits for signs if attainable or remove within 14 days of the date of this hearing or a fine of $150.00 a day will be imposed until said sign is permitted or removed. All inspections through certificate of completion must be accomplished with 60 days of ATF permits issuance. After The Fact Permit Fees of 4 x the amount of the original permit are to apply. The permit# is to be affixed to said sign. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. t JIP• G Re ; de r / ichelle • old, Director Code Enfor ement epartment X De x te Date REV 2/23/07 2211273 OR: 2335 PG: 1968 • neon I.ermm tBOla et gum mart, n N/11/!r at 11:IM DYNE S. INGI, tU One IISIN.N HC IN 1S.11 THIS INSTRUMENT PREPARED BY: !IC-.ra ans.N �J ESQ. Iota: w` C. NEIL GREGORY, CIIWIi Plink R I& Catalano, Fisher & Gregory, Chartered 9111,0919 St 1 ISM �" b� 4001 Taa:iami Trail North, Suite 404 II n Hiq till Naples, FL 34103 MAU WARRANTY DEED THIS INDENTURE, Made this 154346"_ day of �-`� , 1997, between LANDMARK MANAGEMENT COMPANY, INC., a lorida corpora ttt0finl, and ROY WHISNAND and JANE WHISNAND, as Trustees of the Landmark Management Company, Inc. Defined Benefit Plan, whose post office address is 2310 Immokalee Road, Naples, FL 34110, graantor, and RONALD P. FREEMAN and PATRICIA FREEMAN, husband and wife, as tenanntsWby�eenIiret00s0,whose hosetpost office address is 33418 North lake Shore WITNESSETH, That said grantor, for and in consideration of the sum of TEN in DOLLARS ($10.00) and other good a valuable considerations hereby t cknowlegdged grantor has hand paid by said grantee, the e granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: See attached Exhibit A. Together with all of • �' and interest in and to adjoining streets 1 sements, in . those streets and easements known ate W •'- ns Pass Road and e Court. / <. Subject to eas is r-`' ti— , `nits rvat i\ns .f record and taxes for the calends yep /` This property i . ,�ci 1 .rip t d ' t stead of any of the grantors. �c%,� 001 560.03 „y Property Identif vl on Number: 1 Ronald P. Freeman' r s Patricia Freeman's S p -, . E CIR. and said grantor does hhbyy fully to land, and will defend the same agasttelawful claims of all persons whomsoev IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Si. , • �- led and d ivered LANDMARK MANAGEMENT COMPANY, INC., i e ce of. a Florida corporation / . • n ame o ' nes ? Its: . _ P , S C ,., �. •+!17�# , VO , fl/_�ra1N/ All/1401111611 r2 + s< ROY ISNAND, As Trustee of the y l Lad rk Management Company, Inc. De Led Benefit Plan dig.? /./_ v •r n ' '"r ' nes I — ® /3 . OR: 2335 PG: 1999 I•a ^ s rus ee o the 'r n o ' ness ndmark Management Coepany, Inc. ., Defined Benefit Plan �6i dIRZi71 si?W I'l' . n • .- o • ryes STATE OF •4• COUNTY OF 011!. e foregoing instrument was ackno lodged b.,ore me this 3O `day of 0 ,, 1997 by . • -- -_ ,..• , as 1 �• o I 'i"r1•�' :191 y' ' i' • 1", •, a orida ��. - 1s ersonally known to me or (, ) has corpora on, w o c e� one ( `f P produced as identification. / v jr 'o a- .u. • ' ', (Notar G in KM WM (Print Name of Notary Public) t " avrek A is INS Commission Number: ''' srwn..w,aaurwwr� • My Commission Expires: .S,-rvR COI STATE OF ..40___ C�O� �T e foregoing 1'str as`acknow,}adged ef' a me this 3O day of , 1997, by ROY WH ANDS as Trust. o the Landmi&-Wiagement doe sny►Uinc. Define Be NIP • Liiit.11 ( ✓iris personally known to me or O harodA II• ca on.or OP r", ., a l 4, rev (Notary x: ,1 on*" me o o ary 'u• c .ission Number:_ ,41p 000110.000 \F C�� , ommission Expires: STATE OF COUNTY OF ___ Qh-. The foregoing instrument was acknowledged before me this day of , 1997, by JANE WHISNAND, as Trustee of the Landmar Management any nc. Defined Benefit Plan, who (check one) (�r/r is personally known to or ( ) has produced r'`°` as identification. 6�No(2,. y Cu is (Notary Seal CHM / '1 (Print Name o Notary Public) ,�� �a My Commission Number: �!r! .w. My Commission Expires: woo is 2 /1.. 2 OR: 2335 PG: 1910 ft* EXHIBIT A. All that part of Section 15, Township 48 South, Range 25 Sast, Collier County, Florida being more particularly described as follows : Coesencing at the \" cor T said Section 15 ; thence along the South 1 0 . E the Worthw tt - 4 of said Section 15, South 89 ds=reefs ' ► " East 14.5 et to the Easterly Right-of-War li, e of S . amia i rail ) ; thence along said Right-of-Way 1 ne , ifor h 0 degr es\ 37'46" West 30.01 feet to the P' F the parcel herein described ; the ce c , nt(L ti . i , ight-of-Way line, and .T;1 the Westerly e1�n t nd s 4airibed in Official Record Book 1kt' , Page 17• Pu 1i ,,,,. *cords of Collier County, West 303 72 feet; ,� Floridan, orth 0 dagrsf 7• thence leaving s • line, South e a 33'40" Last 220.73 feet; thence sou f degree 26 '2 Wg 305 .67 feet to the Worth line of Wig as Road � sea 33'40" West 215 .03 D road easement) ; thence along said Worth 1 e , feet to the POINT ' b0041- 1'0' of the parcel herein described; being • part o action 15 , Township 46 South, Range 25 Last, Collier County, Florida. Y r A CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007080822 vs. LOGICAL INVESTMENTS,LLC GREGORY E. LEACH, MGRM, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Logical Investments,LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by personal service and by posting. 4. That the real property located at 1250 Pine Ridge Road,Naples,Florida,FOLIO 6440120003,more particularly described as(see attached legal)was in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 5.04.05(A)(1)and 5.04.05(A)(2)in the following particulars: Banner displayed without first obtaining required Temporary Use Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 5.04.05(A)(1)and 5.04.05(A)(2)have been corrected. That the Respondent has paid all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIE C UNITY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) yh -� The foregoing instrument was acknowledged before me this r �,-50 day of . , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or \--'" who has produced a Florida Driver's License as identification. =0:4. 1/\u�t,L.-'ti._,i 1 NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Gregory E. Leach,MGRM,2171 Pine Ridge Road,Naples,FL 34109 this 't`''day of ,2008. M.Jean Dawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 :;tale ;aunty of GOWER i HFRE Y",.f t::'? TH T this is a true and Tarr c c. : ,' tf e±r County WITh thiS QWIGHT'E. ,5 *, 4 Para OF COURTC; 3627076 OR: 3808 PG: 1560 L-. IECOIDID is OFFICIi.L UCOEDS of COLLIE! COURT, FL 3 05/26/2005 at 03:01PE DWIGHT I. EEOC[, CLEF[ THIS INSTRUMENT PREPARED BY: COLS 2130000.00 Joshua M.Bialek,Esq. EEC FEI 27.00 Porter Wright Morris&Arthur,LLP DOC-.71 14510.00 5801 Pelican Bay Blvd.,Suite 300 Rate: RIGHT IGHT E1 1L Naples,Florida 34108-2709 EE 5101 FELIRI UT BLVD 1300 RPM FL 34101 2700 WARRANTY DEED - THIS INDENTURE, executed this.41441day of May, 2005,by MARTIN F. KLINGENBERG(as to Parcel 1), EDWARD McCARTHEY and DORIS J.LEWIS(as to Parcel 2)and ROBERT MUNN(as to Parcel 3&4),as Grantors,to LOGICAL INVESTMENTS,LLC,a Florida limited liability company,whose mailing address • is 2171 Pine Ridge Road,Naples,Florida 34109,as Grantees. (Wherever used herein the terms"Grantors"and"Grantees"shall include singular and plural, heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations,wherever the context so admits or requires.) WITNESSETH,that Grantors,for and in consideration of the sum of Ten Dollars(510.00)and other good and valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises, releases,conveys and confirms unto the Grantees all that certain land situate and being in Collier County,Florida,to wit: SEE ATTACHED EXHIBIT"A" Subject to easements, restrictions, reservations, limitations and conditions of record, applicable zoning or.•. . -- .•d taxes accruing subsequent to December 31,2004. 0_- _,R COU TOGETHER WITH all the to•. , ereditarnents,an r . .ces thereto belonging or in anywise appertaining. TO HAVE AND TO HO •.. i le fo v•r. AND Grantors hereby covenant, ' d�•, t 'r C Tt , se• d of said land in fee simple;that Grantors have good right and la rrtY lllan � y {• d,that Grantors hereby fully warrant the title to said land and will defend , r.... ;.-a • iF.' - : ., whomsoever;and that said land is free of all encumbrances,except ts,conditions,restri ns ani •-I j'• ns of record and taxes not yet due. IN WITNESS WHEREOF r 'd Grantors has sigi • this deed on the day and year first above written. O it Signed and delivered .77-FIE C-11-&-C in our presence: _ ame: J o`lw 3•--`ems linens BY Printed Name. _ MART .KLING RG Witness#2 SUE H.SMITH (As to Parcel I-ID#68440080004) - " - - - SI;. .. .,.r.. , e 3 .t. ',//‘ imess#_ ..�i./�.. B . _ _1J��r�._ Printed • 'ti • ■F. •cCARTHEY -. #2 "a -. (As to Parcel 2-ID#68440120003) — r - is. BY: L.uo !!!� ,N8me:/ DORIS I LE mess#2 / SUE H.SM1T(-1 (As to Parcel ID#68440120003) N.?.tea ...v Att. Wim _s n,Gh.__ y� 1611/ ,1v BY: —P •• ed N.ire: / ROBERT MUNN r -tmess#2 SUE H.SMITH (As to Parcel 3-ID#68440160005) (As to Parcel 4-ID#68440200004) — 01 OR: 3808 PG: 1561 STATE OF FLORIDA COUNTY OF COLLIER The foregoiz lIlttikfto was acknowledged befo me thisso?i4L`'�'day of May, e'5, by MARTIN F. KLINGENBERGS�J y known to me or who prl�r.-• driver's licen - • identification. (S :4i•"'w • =• _ �i.. ,• _*L 8 — N. : pubs. ADDasse63 :.,I •ommissionNo. �/' .11.1.-44. My Commission expires: STATE OF FLORIDA - COUNTY OF COLLpljtttt' The fo was acknowledged before me this ' day of ••, l'15, by EDWARD McCARTHEY `:];Y n known to me or[ ho produ 'ver's li nse ntification. (SEQ ti9'FD"''?�`„'1 s _ ./��, • •• t*c No Pu• • Wit. !. %'•minis on No. '�1jq-'��ty� ; • .ryc$`•a My Corn .'ssi.. xpires: j -C,STATEol'o� STATE OF FLORmAmitin COUNTY OF COLLIER The foregoi eat was acknowledged before me thi 72 •ay of M•., 21.5, by DORIS I. LEWIS,[ ]whO lJ keown to me or[, who produced dri j icenses as ide. .-•on. (SE*-);ac ■' ...G.. 4,24 db a ■ 4,141- ��5 . E)00%863 .:, ..if 0 My • .rtis on expires:0. STATE OF ,Fl�A� „%�`�\ ti COUNTY OF C d'l�Alt°- The foregoing instrumeppppppt < ¶ckn• 1 g d . fa .•e •.r A ,•,y o ay, I#5, by ROBERT MUNN,[ )who is personally kn�9 •• o • . d dri • '■enti•••tion. (SEAL) \��r� uuq:r.. `/.\ �� .���`%A H.oo _sue, s :4 ��'P,': �) My.` n expires: o �.' CRi Iw = ." .see !■ , NAPLES/293 U9 v.01 67 *** OR: 3808 PG: 1562 tf LEGAL DESCRIPTION ■ Parcel 1: The North 157 feet of the West 90 feet of Lots 1 and 2, PRESQUE ISLE, according to the plat thereof recorded in Plat Book 4,Page 48,of the Public Records of Collier County,Florida, LESS the North 15 feet thereof. Folio No. 68440080004; Street Address: 1298 Pine Ridge Road,Naples, Florida Parcel 2: Lots 3 and 4, PRESQUE ISLE, according to the plat thereof recorded in Plat Book 4,Page 48, of the Public Records of Collier County, Florida; LESS the North 5 feet thereof; and LESS the South 10 feet of the North 15 feet thereof, as conveyed by document recorded in Official _ Records Book 907, Page 1931, of the Public Records of Collier County,Florida. Folio No. 6844012003; Street Address: 1270 Pine Ridge Road,Naples, Florida Parcel 3: Lot 5, PRESQUE ISLE, per plat thereof rec. • -. in Plat Book 4, Page 48, Public Records of Collier County, Florida, LESS the No...; s t i1: h Folio No. 68440160005; Street A . 'me .S-S. Naples, Florida Parcel 4: Lot 6, PRESQUE ISLE, per pla th- :r: ec. .ed m •lat B k r Page 48, Public Records of Collier County,Florida, LESS - •►.,4 .� - .- ,_i Folio No. 68440200004; S t • d• ess %a .les, Florida n Mfr c.., C NAPLESr290116 v.01 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-29 vs. MARIO A. ALVAREZ, Respondent / ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on June 18,2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 27,207 and re- signed nunc pro tunc on November 2,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4301,PG 2512,et. seq. on November 13,2007. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated November 2,2007, it is hereby ORDERED,that the Respondent,Mario A.Alvarez,pay to Collier County fines in the amount of$20,200 for the period of September 17,2007 through December 27,2007(101 days)at a rate of$200 per day,plus$315.51 for the operational costs incurred in the prosecution of this case for a total of$20,515.51. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 30 day of ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 8,..„.04- Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3C) of Sc. r-m ,2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identifc tion. ;,t, +*- i"i"i,,� KRISTINE HOLTON NOTARY PUBLIC 7 r. TA MY COMMISSION#DD 686535 $ My commission expires: '4, r,O` Bonded ThIniENota, Pubic U 'ndenvnters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mario A. Alvarez,2912 44 St. S.W.,Naples,Florida 34116 this .3Cf"'day of _-jo.a --. ,2008. / 1 ) ) -) M.JeanXawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 (239)263-8206 ;tare of FLORlt)A :aunty of CC ' 'rf HEREBY CE f lF'?T 4 ,T t Is is a true and orrect copy ct e, : . ,;al.?,:.{ :Defile In board ,li 4 c :: ',.. s...;:.: ot,Collier County s/IT"..731.', ,. r`, 1: 4i s2al this day 4r sNan ►W6 T E. Li', ' ',Y, r r OF COURTS. V _ fi � .. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-57 vs. HOLLINGSWORTH,GLEN HOLLINGSWORTH, MARSHA KENDALL Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on July 26,2007,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 30,2007 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4265,PG 1081, et. seq.on August 2,2007. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on December 17,2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondents have not complied with the Order dated July 30,2007, it is hereby ORDERED,that the Respondents,Glen and Marsha Kendall Hollingsworth, pay to Collier County fines in the amount of$3,000 for the period of September 24,2007 through October 10,2007(15 days)at a rate of$200 per day,plus$459.82 for the operational costs incurred in the prosecution of this case for a total of$3,459.82. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 30 day of ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ,„/L Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3L day of 370,-- ,2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identifica ion. IUaIS11NE HOLTON NOTARY PUBLIC iti'�'Y' 5 My commission expires: 4 MY COMMISSION#DD 686595 a EXPIRES:June 18,2011 Bonded Thru Notary Publ c Underwnters TIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Glen Hollingsworth and Marsha Kendall, Hollingsworth, 2551 Estey Ave.,C-3,Naples, FL this ''`'day of ,2008. 1 / �t (�� - a M.Jean,Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 stare (i F L_O;i i i)A county of -:`1.LI ER 1 HERE!3Y ,. °i "' THAT this is a true and toffee ;- E11 t)ii f3 in 3t3rard of G-,;:iicr County• wt"r"';v .1'_:5 •, 1 this " °' JOAIVAI+ -'- } C,Lc:"Z A)F-COt1RTE CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-100 vs. TED ZHI LUO Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on October 25,2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on October 31,2007, 2004 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 298,PG 0661,et. seq.on November 1,2007. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on November 27,2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated October 31,2007, it is hereby ORDERED,that the Respondent,Ted Zhi Luo pay to Collier County fines in the amount of$6,400 for the period of November 25,2007 through December 27,2007 at a rate of$200 per day. The operational costs incurred in the prosecution of this case have been paid. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 30 day of (/�„^ ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this.30�day of acxi l ,2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identific tion. wLkv `t-k- - __-t L`r---- NOTARY PUBLIC IQaISTINEHOLTON My commission expires: •� MY COMMISSION#DD 686595 I 1•.-�_;• EXPIRES:June 18,2011 x'4•'4,, ` BondedThtu Notary Pubic Undenvnters RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ted Zhi Luo, 5401 Mahogany Ridge Drive,Naples,Florida 34119 this .:L'44—day of r) .4 . ,2008. �' fr r c' ) ° y c,- ,-.!: rr. ,›,v- - M. Jean Rawson,Esq.' Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 (239)263-8206 State of c LORli1A Zounty of (..'0 II:ER I HEREBY c i i FY TH l'thla ts a true line Iorract r,I. °n fjkt In Board f : . ::71, '• s: s of gp■iiOr Count WOT�,IE ; ,,,,,:' ,11 1 Will DWIGHT E. 4:,,,K, CI,Zik,,,Of COURTS CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2006-16 vs. JERRY AND KIMBERLEA BLOCKER, Respondents, / AMENDED ORDER IMPOSING FINE/LIEN Nunc pro tunc THIS CAUSE came on for public hearing before the Board on April 27,2006,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on May 5,2006 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4033,PG 2461 , et. seq. on May 9,2006. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on June 29,2007 and on July 11,2007,which Affidavits certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondents have not complied with the Order dated ,2004,it is hereby ORDERED,that the Respondents,Jerry and Kimberlea Blocker,pay to Collier County fines in the amount of$44,454.16 for the period of June 30,2007 through November 29,2007at a rate of$150 per day,plus$21,300 for the period of July 10,2007 through November 29,2007 at a rate of$150 per day,plus$354.16 for the operational costs incurred in the prosecution of this case for a total of$44,454.16. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 5th day of December,2007 and re-signed this 30 day of , 2008,nunc pro tune at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: /Se.-.-C, Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 30 day of -4n,vm ,2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or L: who has produced a Florida Driver's License as identification. K NOTARY PUBLIC s+r KRISTINE HOLTON MY COMMISSION S DD 686595 My commission expires: ';'. ��� EXPIRES:June 18,2011 '6%.8.4,400‘ Bonded Thru Notary Public Underwriters RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jerry and Kimberlea Blocker, 1830 16th Street N.E.,Naples,FL 34120 and to Patrick White,Esq.,Porter Wright Morris &Arthur,5801 Pelican Bay Blvd.,Ste. 300,Naples,FL 34108 this .304 2lay of _j,—;.. --, ,2008. / 4 / . r M.Sean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 =i,iYE' 01 k)<<< � Naples, Florida 34102 county of COLLIER (239)263-8206 1 H`F,;w,y,' h,- "i:"Y THAT this is a true and 1 Sirs 1 , /A'... .:f? ai In t°'Ii'r County `,.ilif ,'!<a1 s :11 this OWi i T _ < ,4„t , ,. OF coins CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2006-52 vs. JOSEPH FERIO FRANCOIS, Respondents, SECOND AMENDED FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on October 26,2006,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Joseph Ferio Francois is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondents,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 125 Boston Avenue, Immokalee,Florida,Folio 2558032007,more particularly described as Lots 11 and 12,Block 1,CARSON'S SUBDIVISION,according to the plat thereof,as recorded in Plat Book 2,Page 40,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance No.2004-58,the Housing Code,section 11 in the following particulars: A structure that has been severely damaged by fire and now has been designated as a"hazardous building" by the Fire Inspector. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance No. 2004-58,the Housing Code,section 11 be corrected in the following manner: 1. By obtaining a Collier County Building Permits,all required Inspection,and Certificate of Occupancy and restoring the structure to a safe and permitted condition within six months(May 29,2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 29,2008 , then there will be a fine of$250 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 29,2008, then the County Code Enforcement may demolish the building and assess the costs to the Respondent. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$319.79 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 5th day of December,2007 and re-signed this 30 day of , 2008,nunc pro tunc at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this _ay of )cam,1 t 1 a-i .f , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or v'' who has produced a Florida Driver's License as identification. Y,,,,,, KR NE HOL NOTARY PUBLIC 1 ,. MY COMMISSION#DD 686595 My commission expires: _ f EXPIRES:June 18,2011 ,• 4;.• Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to to Joseph Ferio Francois, 136 Napa Ridge Way,Naples,Florida 34114 this 7503-1 day of'Tc ,m ,2008. / / r !' I / _„- , M.Jean Rawson,Esq. I Florida Iar No. 750311 Attorney for the Code Enforcement Board take of F LC; IN A 400 Fifth Avenue S.,Ste. 300 ounty of CC!_!_!ER Naples,Florida 34102 (239)263-8206 HEREBY CRT '='''7' ?AT this is a true an0 prrect copy et a co,::!im& dt.on1tite in oa;jai Collier County . al this 3E1+� 61,./ .; 4.1 n► 4.2, W GHT E. BROCK, CLE2;14 OF COURTS CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-106 vs. JAIME LAM,DON LEE AND LINH LAM, Respondents AMENDED FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on November 29,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Jaime Lam,Don Lee and Linh Lam are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing,and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3580 1st Avenue S.W.,Naples,Florida 34117,Folio 36763680003,more particularly described as the West 180 feet of Tract 66,GOLDEN GATE ESTATES,Unit 4,according to the plat thereof,recorded in Plat Book 4,Page 79,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, section 03.05.01(B)in the following particulars: Vegetation removed over the allowable one acre without obtaining the proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,as amended,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, section 03.05.01(B)be corrected in the following manner: 1. By preparing a mitigation plan which meets the criteria stated in Collier County Ordinance 04-41,as amended, section 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The Respondent is required to establish a monitoring program (10.02.06.E.3.e.i)that would determine the 80%survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80%minimum annually. A minimum of two reports will be submitted by the Respondent. This mitigation plan must be submitted within 60 days(January 29, 2008). 2. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of the mitigation plan. 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by January 29, 2008,then there will be a fine of$75 per day for each day for each day until the mitigation plan is submitted. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 120 days of the acceptance of the mitigation plan, then there will be a fine of$75 per day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$455.76 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE D ORDERED this 5th day of December,2007 at Collier County,Florida and re-signed this 30 day of ,2008,nunc pro tune CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: „IL Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,3O 1a of 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or vim_ who has produced a Florida Driver's License as identification. ; ", KRISTINE HOLTON '" ; MY COMMISSION M DD 686595 NOTARY PUBLIC ul ..�. .i: EXPIRES:June 18,2011 My commission expires:• Bonded Thru Notary Public Undermitcrs tae 01 FLO 1UA county of COLLIER I HEREBY CC T Y TH't'!M his is a true and (3rrect c ,-,, ,_; p 1 ;+1p In Board i,J • r:,epti;c:r County MI `_ ►is sl this DWIGHT E. III106K, tt..0 k o1< CouRTE C_ . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jaime Lan,Don Dee and Linh,Fam, 3580 1st Avenue S.W.,Naples Florida 34105 3C+'^ day of . � �_, ,2008. M.Jean>;iawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 •