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Agenda 03/25/2014 Item #16A13 3/25/2014 16.A.13. EXECUTIVE SUMMARY R.ecu:a i endation to approve the partial release of a lien in the accrued amount of $56,555.06 for paynuez t of$2,005.06, in the Code Enforcement action entitled Board of County Commissioners vs. Taylor Bean & Whitaker Mortgage Corporation, Special Magistrate Case No. CEPM20120012329, relating to property known as 8010 Kilkenny Court, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve the partial release of a code °nforcement lien with an accrued value of $56,555.06, for payment of $2.005.06, for prop::°ty known as 8010 Kilkenny Court only, in relation to Code Enforcement Special Magistrate Case No. CEPM20120012329. CONSIDERATIONS: As a result of code violations at 717 Crossfield Circle, the Code Enforcement Special Magistrate ordered the imposition of a lien against Taylor, Bean, and Whitaker Mortgage Corp. The lien was recorded in the Official Public Records on July 17, 2013. at O.R. Book 4944, Page 3737, and it encumbers all property owned by Taylor Bean & Whitaker Mortgage Corporation. The accrued lien amount of $56,555.06 is based on accrued fines ?nor the non-compliance period of 220 days at $250 per day ($55,000), plus the County's hard :a-sts. The underlying violation was for an unmaintained swimming pool, damaged pool encica are, and dammed front door, and all of these violations have been abated. This request for a partial release is for a different property, 8010 Kilkenny Court, which contains no c . e ..iolations. This latter parcel was encumbered by the lien as a result of common owner .n p by Taylor Bean & Whitaker Mort gage Corporation. Although this parcel is now under eeve ownership, the lien continues to encumber the property due to the fact that it was owner: by Taylor Bean & Whitaker Mortgage Corporation at the time of lien imposition. The p ofer e is in compliance and an amount of $2,005.06 has been paid. This represents $112 -, operational costs, $1,442.50 in County abatement costs and $450 in fines. FISC/.L IMPACT: Payment of$2.005.06 has been made, representing the County's hard costs of$1.355.06 `$112.56 in operational costs, and $1,442.50 in abatement costs). pills $450.00 in fines. if approved by the Board, fines in the amount of$54,550.00 would be waived with respect to 801 Kilkenny Court only, and the lien 'could continue to encumber all other property owned by Tea :er, Bean, and 'i\'h itake:l Mortgage Corp. GRO ;TH MANAGEMENT IMPACT: There is no growth management impact associated with th; Executive Summary. LEGA LCONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it as to form and legality. . Majority support is required for approval. This item conforms to the Board's policy contained in Resolution 2012-46. -KN Packet Page-521- 3/25/2014 16.A.13. RECOMMENDATION: That the Board waive the fines in the amount of $54,550.00 with respect to 8010 Kilkenny Court only, accept payment of$2,005.06, and partially release the lien as described above, and authorize the Chairman to sign the attached partial lien release. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division,Planning and Regulation. Attachment: Partial Release of Lien Packet Page-522- 3/25/2014 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to approve the partial release of a lien in the accrued amount of$56,555.06 for payment of$2,005.06, in the Code Enforcement action entitled Board of County Commissioners vs.Taylor Bean &Whitaker Mortgage Corporation, Special Magistrate Case No. CEPM20120012329, relating to property known as 8010 Kilkenny Court, Collier County, Florida. Meeting Date: 3/25/2014 Prepared By Name: SerranoMarlene Title: Manager-Code Enforcement Operations, Code Enforcement 2/26/2014 8:45:50 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 2/27/2014 9:51:55 AM Name: WrightJeff Title: Director-Code Enforcement, Code Enforcement Date: 2/27/2014 5:02:30 PM Name:NoellKevin Title: Assistant County Attorney, CAO General Services Date: 2/28/2014 10:13:09 AM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning Date: 2/28/2014 12:48:32 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/28/2014 3:43:34 PM Name: IsacksonMark Packet Page -523- 3/25/2014 16.A.13. Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 3/13/2014 10:07:52 AM Name: DurhamTim Title:Executive Manager of Corp Business Ops, Date: 3/13/2014 3:48:55 PM Packet Page-524- 3/25/2014 16.A.13. This Instrument Prepared By: Jeff Wright Code Enforcement Department 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2440 PARTIAL RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Taylor Bean &Whitaker Mortgage Corporation, Respondent The lien was recorded on July 17, 2013 in Official Records Book 4944, Page 3737, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of fifty-six thousand five hundred fifty-five dollars and six cents, plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: LOT 46 BLOCK G,NAPLES HERITAGE GOLF&COUNTRY CLUB PHASE TWO-A,N/K/A VILLAS AT KILKENNY ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGES 11 THROUGH 13, INCLUSIVE, PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. Site address: 8010 Kilkenny Ct. Collier County, a political subdivision of the State of Florida, by execution of this Partial Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as partial satisfaction of the lien and hereby cancels said lien with respect to the above-described property only. The Clerk of the Circuit Court is hereby directed to record this Partial Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist as to 8010 Kilkenny Ct. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tom Henning, Chairman Approved as to form and legality Kevin Noell Assistant County Attorney Packet Page-525-