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Agenda 03/08/2011 Item #16K3 f\ f\ r'\ . 3/8/201lttem 16.K.3. ~~ECYTIVE $UM~Y Rec~tIon to approve the partial release C)f.lien in the Code Enforcement Actions entitled Board of County Commissioners vs. Francisca AIas,Cod~ Enforcement Board Case No.' 2007-49, relating topropertyiocated at2U2 Santa .Barbara..tJouJevard. Collier County, Florida. OBJECTIVE: That the Ek>ard of County Commissioners (lioard) approve the partial release of a code enforcement board lien for payment of $1.,394,ast02592 Santa Barbara Boulevard only, in relation to the Code Enforcement Board ("CEB'l.action entitled Board of County Commissioners vs. Francisca Alas, CEB case No. 2007..49. CONSJQ~ TIONS: On June 18, 2007, the ces foundFra~sca Alas (Respondent) in violation 6f the Collier County Code of Laws and Ordinances relating to property located at 2575 53rd Street SW for improvements of property without valid Collier' County Building Permits" A written order was recorded on June 29, 2007 at O.R. Book 4251, Page 0913. Based on the above order, the' CES entered a lien order, which was recorded on October 8. 2007, at O.R. Book 4289, Page 3955, of the Official Public Records of Collier County. The lien encumbers aU real and personal property ow~ by Francisca Alas. induding 2592 Santa Barbar,. Boulevard. The property containing the violation (Le., 2575 53nf Street SW) was never brought into compJiance by Respondent Alas. LaSatle Sank, who acqJ,Jired 2592 Santa Barbara Boulevard through foreclosure on July 28, 2008, sued the County in a "re-fo",closure" action in December 2008 (Case No; 08-9869-CA), to foreclose the County's lien. The County filed a counterclaim, asserting the priority of.its lien. Inorder.to avoid continued litigation, LaSalle Bank (through Welts Fargo Home Mortgage) has submitted payment in the amount of $1 ,394, repre~ting operational costs of $849, $250 in fines, and reimbursement of the County's counterclaim fee of $295. In exchange for this payment, they are requesting a waiver of $131,150 jn accrufKi fines and partial rele.-of the lien <as to 2592 Santa Barbara only), along with joint dismissal of the "re--forecl.osure" action. F"C~b l'fPACT: This proposed settlement recoups all County hard costs. If approved by the Board, accrued fines in the amount of $131,150 will be waived as to 2592 Santa Barbara, but the nen <and accrued fines) would continue to encumber all real and personal property.owned by the Respondent. GROWTtI MANAG"MENfIMPACT: There is no growth. manag**"ent imped associated with this Executive Summary. . . LEGAL CONSIDERATIONS: If approved, thistien will. be partially releasedas.to .'25~2Santa BarbaraSou1evard only. The lien will continue to encumber (and maybefoJ'f!closed~~in$t) other non-homestead.properties.that are owned by Francisca Ala$(tA&.orlginal codeviOJator). This item is legally sufficient for Board action, and requiresamajorityVoteforapproval...JW REC~"~NOA',f.ON: That the Board waive the fines and~aUy rel.~ the l.ien,as described herein, and by approval of this item, autt;lori:zethe Cnairman to sign the aftacn$d partial release. PREPA~EO BY: Jet! E. Wright, Assistant Oounty Attorney ArT ACMMENT: Partial Hen relea~e . I I I Packet Page -1272- 3/8/20111tem 16.K.3. o caLLIER COUNTY B~ofCounty Comml$$ifmers Item Number: 16.K.3. Item Sl.t..ary: Recommendation to approve th~part~lreleilSe~lienJn the Code Enforcement Actions entitled Board of County Commissioners vs.Franei. Alas, Code Enforcement Board Case No. 2007-49, relating to propertyloeatedat 2S9.2Silmta8arbara Boulevard, CoUler County, Florida. Meeting Date: 3/8/2011 Prepared By Name: CrotteauKathynell Title: Legal Se~,CountyAttomey 2/22/20119:14:56 AM Approved By f'\ Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 2/24/2011 11: 18:46 AM Name: Greenw81dRandy Title:. M:~ementIB~dget Analyst,Office of Management & B Date: 2/24/20 III :30:40 PM Name: KlatzkowJeff Title: CountyAttorney, Date: 2/24/20112:56:18 PM Name: SheffieldMichael Title.: Manager-ausiDess Operations, CMO Date: 2/24/20113:31:47 PM r"\ Packet Page -1.273- 3/8/2011 Item 16.K.3. ~ This Instrument Prepared By: Jeff E. Wright ,Assistant County Attorney Collier County Attorney's Office 3001 E. Tamiami Trail Naples, FL 34112 (239) 252-8400 PARTIAL RELEASE 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: Francisca Alas, Respondent The lien was recorded on October 8,2007, in Official Records Book 4289, Pages 3955- 3956, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of five thousand five hundred forty-nine dollars, plus accrued penalties. Collier County, a political subdivision of the State of Florida, by execution of this Partial Release of Lien, acknowledges partial payment and hereby cancels and releases the lien in relation to the following property only. The North 44.66 feet of Lot 1 and the South 45 feet of Lot 2, Block 225, GOLDEN GATE UNIT 6, according to the map or plat thereof as recorded in Plat Book 5, Page 124 to 134, inclusive, Public Records of Collier County, Florida ~ (aka 2592 Santa Barbara Boulevard, Collier County, Florida) Folio No. 36323880007 The Board of County Commissioners hereby acknowledges that the lien ceases to exist as to the above described property only, and that the lien shall remain in full force and effect with respect to all other real and personal property owned by Respondent. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Partial Release of Lien, by action of the Board on this day of ,2011. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W. Coyle, Chairman Deputy Clerk --. right County Attorney Packet Page -1274-