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Agenda 05/24/2011 Item #16B45/24/2011 Item 16.6.4. EXECUTIVE SUMMARY Recommendation that the Community Redevelopment Agency (CRA) accept the conveyance of County -owned property (mobile home sites) within the boundaries of the Bayshore /Gateway Triangle Redevelopment area to enact the residential infill provision of the CRA's Master Redevelopment Plan; authorize CRA Chairman to sign HUD Settlement Statement; direct CRA staff to record an executed Statutory Deed from the County; and approve payment and authorize the CRA Executive Director to make payment from the Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses necessary to close the transaction and insure clear title of same: Site Addresses 3000, 3152 & 3205 Karen Drive. Fiscal Impact to Fund 187: $41,642.18 (Companion to Item No. 16 E12). OBJECTIVE: Recommendation that the Community Redevelopment Agency (CRA) accept the conveyance of County -owned property (mobile home sites) within the boundaries of the Bayshore /Gateway Triangle Redevelopment area to enact the residential infill provision of the CRA's Master Redevelopment Plan; authorize CRA Chairman to sign HUD Settlement Statement; direct CRA staff to record an executed Statutory Deed from the County; and approve payment and authorize the CRA Executive Director to make payment from the Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses necessary to close the transaction and insure clear title of same: Site Addresses 3000, 3152 & 3205 Karen Drive. BACKGROUND: The CRA works with the Collier County Code Enforcement Department and the Collier County Sheriff's Office to address the redevelopment area that was once known for high crime rates and multiple code enforcement problems. Collier County acquired properties located at 3000, 3152 & 3205 Karen Drive as a result of penalties and abatement costs levied against the properties by the Collier County Code Enforcement Department. Ultimately, a Final Summary Judgment of Foreclosure was recorded on December 30, 2010, in O.R. Book 4637, Pages 3256 -3260 of the Public Records of Collier County, Florida and Certificates of Title were recorded on March 2, 2011 in O.R. Book 4656, Pages 2829 -2832 and Pages 2850 -2851, respectively, conveying the property to Collier County. The CRA and County staff met to discuss the conveyance of the County -owned property to the CRA and concur it is in the best interest of Collier County, and in particular of the residents of the Bayshore area, for the CRA to acquire the properties to enact the residential infill provision of the CRA's Master Redevelopment Plan. Replacing substandard or blighted mobile homes with new construction of a higher quality home within the Coastal High Hazard Area (CHHA) implements the Bayshore Gateway Triangle CRA Master Plan's Neighborhood Initiative and increases the resident's quality of life. The Bayshore Gateway Triangle CRA Local Advisory Board met on March 8, 2011 and unanimously voted to forward their recommendation of approval to acquire the subject properties to the CRA Board subject to the following provisions: 1. CRA agrees to reimburse the County for any associated costs incurred by the County Code Enforcement Department to eliminate the Code violations in the amount of $18,178.37, and the CRA assumes any and all outstanding property taxes and special 1 Packet Page -1082- 5/24/2011 Item 16.13.4. assessments (fees estimated at $23,463.81 and may vary slightly depending on date of closing). 2. The BCC waives any code enforcement penalties levied against the property that are not associated with costs incurred by the County Code Enforcement Department to eliminate the code violations. Pursuant to Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. BCC Resolution No 2000 -82 made a "finding that a blighted area exists" in the Bayshore Gateway Triangle area and that conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the area and present conditions and uses in the area that are detrimental to the public health, safety, morals and public welfare. BCC RESOLUTION No. 2000 -181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Master Plan sections cite: 1. Neighborhood Focus Program • Acquisition of vacant and dilapidated sites (page IX -6) • Demolish dilapidated and unsound buildings (page IV -20) 2. Bayshore Neighborhood Focus Initiative (NFI): ■ Site acquisition and infill housing (Illustration IX -14) ■ New multifamily & single family housing (Illustration IX -14) CONSIDERATIONS: The County and CRA staff concur that the conveyance of the mobile home sites owned by the County and desired by the Collier County Community Redevelopment Agency for the use of residential in -fill serves in the best interest of Collier County, and in particular of the residents of the Bayshore area and is in accordance with Florida Statute 125.38 and the intent of BCC RESOLUTION No. 2000 -181 established to promote community redevelopment. FISCAL IMPACT:. Sufficient budget exists within the FYI I Bayshore Gateway Triangle Fund (187) to fund this acquisition. The total cost of acquisition is estimated at $41,642.18. Funds in the amount of $18,178.37 will be dispersed to Code Enforcement Department Fund (I 11) for code abatement costs. The associated cost and expenses to complete the acquisition are estimated at $23,463.81 based on the settlement statement to cover costs associated with title insurance, survey, delinquent and current property taxes and assessments, attorney fees, closing services and recording fees. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. -JW GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas 2 Packet Page -1083- 5/24/2011 Item 16.13.4. within the County, including the Bayshore Gateway Triangle CRA. This property is a part of a targeted Neighborhood Focus Initiative and the conveyance is consistent with the Bayshore Gateway Triangle Redevelopment Plan. RECOMMENDATION: That the Community Redevelopment Agency Board: • Authorize CRA Chairman to sign HUD Settlement Statement • Accept the conveyance of County-owned land and direct CRA staff to record a Statutory Deed from the County in the public records of Collier County, Florida. • Authorize the CRA Executive Director to make payment in the amount of $18,178.37 to Code Enforcement Department Fund (111- 138911) for reimbursement of code abatement costs and to make payment of all associated cost and expenses necessary to close the transaction from CRA Fund (187). Prepared by: Jean Jourdan Project Manager Bayshore /Gateway Triangle CRA Packet Page -1084- COLLIER COUNTY Board of County Commissioners Item Number: 16.6.4. 5/24/2011 Item 16.6.4. Item Summary: Recommendation that the Community Redevelopment Agency (CRA) accept the conveyance of County -owned property (mobile home sites) within the boundaries of the Bayshore /Gateway Triangle Redevelopment area to enact the residential infill provision of the CRA's Master Redevelopment Plan; authorize CRA Chairman to sign HUD Settlement Statement; direct CRA staff to record an executed Statutory Deed from the County; and approve payment and authorize the CRA Executive Director to make payment from the Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses necessary to close the transaction and insure clear title of same: Site Addresses 3000, 3152 & 3205 Karen Drive. Fiscal Impact to Fund 187: $41,642.18 (Companion to Item No. 16E12). Meeting Date: 5/24/2011 Prepared By Name: jourdanj Title: Project Manager, 5/12/2011 9:23:16 AM Submitted by Title: Project Manager, Name: jourdan_j 5/12/20119:23:18 AM Approved By Name: FlaggDiane Title: Director - Code Enforcement,Code Enforcement Date: 5/12/2011 12:50:27 PM Name: JacksonDavid Title: Executive Director, CRA, Date: 5/12/20114:25:16 PM Name: KlatzkowJeff Packet Page -1085- Title: County Attorney, Date: 5/13/2011 10:51:29 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/13/2011 11:02:33 AM Name: IsacksonMark 5/24/2011 Item 16.13.4. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/17/20112:35:17 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/17/20112:59:08 PM Packet Page -1086- 5/24/2011 Item 16.6.4. A. U.S. Department of Housing and Urban Development Settlement Statement B. Type of Loan a�au 1. I ] FHA 2. [ ] FMHA 3. [ ] Conv. Unins. 4. ] VA 5. Cony. Ins. S. File Number 1103585 7. Loan Number 8. Mortgage Ins. Case No. C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement Boom are shown. Items marked ( "POC') were paid outside the closing: they are shown here for information L I in the D. Name of Borrower: Collier County Community Redevelopment Agency, 4069 Bayshore Drive, Naples, FL 34112 E. Name of Seller: Collier County, Florida, a political Subdivision of the State of Florida, 3299 Tamiamf Trail East, Harmon Turner Building, 8th Floor, Naples, FL 34112 F. Name of Lender: G. Property Location: of Section 23, Township 50 South, Range 25 East. Collier County, Florida; of Section 23, Township 50 South, Range 25 East, Collier County, Florida; of Section 23, Township 50 South, Range 25 East, Collier County, Florida Karen Dr., Naples, FL 34112; 3152 Karen Dr., Naples, FL; 3205 Karen Dr., Naples, FL H. Settlement Agent: Stewart Title Companv(239) 262 -2163 TIN: 740923770 Place of Settlement: 3936 Tamfami Trail N., Suite A, Naples, FL 34103.3592 1. Settlement Date: 5/27/2011 Proration Date: 5/27/2011 : M 400. Gross amount due to seller: 100. Gross amount due from borrower: 101. Contract sales price 3205 Karen Drive 7,103.48 401. Contract sales price 3205 Karen Drive 7,103.48 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 23.463.81 403. 104. Contract sales price 3000 Karen Drive 4,991.98 404. Contract sales price 3000 Karen Drive q,gg1 -- 105. Contract sales price 3152 Karen Drive 6,082.91 405. Contract sales price 3152 Karen Drive 6,082.81 ...., 106. City/town taxes -�• - 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 1409. 110. 410. 111. 411. 112. 412. 120, Gross amount due from borrower: 41,642.16 420. Gross amount due to seller: 18,178.37 201. Deposit or earnest Money mp t 801. Excess deposit (see instructions 202. Principal amount of new loans) 502 Settlement charges to seller (line 1400) 0.00 203. Existing loans taken subject to 503. Existing loans taken subject to 204• 504. Payoff of first mortgage Wan 205• 505. Payoff of second mortgage loan 205. 506. 207• 507. 208. 508• 209. Internal Transfer to Code Enforcement Fund 18,178.37 509. Internal Transfer to Code Enforcement Fund 18,178.37 A'$ iontgeld[Sy 210. Clt /town taxes 510. Cityltown taxes 211. County taxes 511. County taxes 212. Assessments 512. Assessments 213. 513. 214. 514. 215• 515, 216. 516. 217. 517. 218. 518. 219. 519. 220. Total paid by /for borrower: 18,178.37 520. Total reduction In amount due seller: 18,178.37 31f r ..Qntifom�ta'br+�ower���' � 301. Gross amount due from borrower (line 120 ) a � •f 41,642.18 601. Gross amount due to seller (line 420) 18,178.37 302. Less amount paid by /for borrower (line 220) 18,176.37 602. Less total reduction in amount due seiler(line 520) 18,178.37 303. CASH (X)FROM ()TO BORROWER 23,463.81 603. CASH ()FROM ()TO SELLER 000 - - - - - - - - - - - -- - - -- - - - - --- - -•--- • -• -•- • • ••� •• •� •••�••�• .v,,.r.,, =� ,,, �wv c, u, n aria r ono on iris 4u1 (or, if fine 4ut Is astensxed, lines 403 and 404), 06. 407 and 408.412 (applicable part of buyer's real estate tax reportable to the IRS) Is important tax information and Is being furnished lathe Internal Revenue Service, a you are required to file a return, a negligence penalty or other sanction will be Imposed on you if this Item is requited to be reported and the IRS determines that it has not been reported. SELLER INSTRUCTION - 0 this reel estate was your principle residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of form 4797, Form 6252 and/or Schedule D (Form 1040). You are regwrea Dy law to prowoe blewart 1 tae uompany1zj9) zee -n 6J with your correct taxpayer ioermicaaon number. If you do not provide Stewart Title Company(239) 262.2163 with your correct taxpayer identification number, you may be subject to civil or criminal penalties. Collier County, Florida, a political Subdivision of the State of Florida Packet Page -1087- 5/24/2011 Item 16.13.4. 700. Total salowbroker commin on V Paid From Division of commission line 700 n follows: Bonowers 701• 5 Funds at 702.. S Sa0lemanl Paid From Sseses Funds at Settlement 703. Commission paid at Settlement 704. 705. 801. Loan orginalion tea 802. Loan discount $03. Appraisal lee 804. Credit report 005. LeMst's Inspection fee 806. Mon insurance application fee $07. Assumption fact 806. 800. 810. 811, 012. 813. 914. 816, .act... ,3 901. Interest from 902. Mortgage Insurance premium tot 903. Hazard Insurance premium for 004. Ml- VA - Fundl Fee 1001. Hazard insurance 1002. Mortgacte insurance - 1003. city property taxes 1004. .County property lease 1005. Annual annemema (mint.) 1006. 1007. 1006. 1000. ftgreqats Adjustment J, ;;., 1101. Settlement or closing In to Stewart Title Company 175.00 1102. Abelracl or Illle search to Stewart Title Company 375.00 1103. TBIeamminalion 1104. Title Insurance binder 1105. Document prefurallon 1106. Notary tsar 1107. Allome 's fees to Mildest above Items no.: 1108. Title Insurance to Stewart Tile company 100.00 includes above Items no.: 1109. Lenders coverage 1110. Owners average $18,178.37 $1110.00 1111. Endorsements 1112. FL Form 9 Endorsement 1113. 1114. 1115. . :''lSldJermaant 190 __ 1201. Recording lose: Deed $18.50 - 18.50 1202. Clivicounty Intalamps: 1203, State tay/sta Deed 1727.40 127.40 1204, Record Death CeniBcate to Clark of the Circuit Court 10.00 1205. Record Helene City to Clark of the Circuit Court 18.50 1208, Record Helene County to Clerk of the Circuit Court 92.50 -w,r 1. *'';?H 1301. Survey - to Benchmark Land Services. Inc. 975.00 1302. Pest inspection to Stewart Tills Company 5.00 1303. 3152 Karen/Past due Properly Tax to Collier County Tax Collector 4.012.31 1304. 3205 Karen/Pasl due Property Tax to Collier County Tax Collector 3,019.47 1305. 3000 Karen/Past due Properly Tax to Collier County Tax Collector 3.082.58 1305. 3152 KarenlWater to City of Naples 6,406.96 1307, 32D5 Karen/Water to City of Naples 3,163.41 1308: < 3000K'aren/Water to City of Naples +- 111302.96 - 1309, Peo semen Search >10 - Stewart Title Company : :3.90. 1310. <:. Federal E mss to:.'Ste"" Tills Company 40.00 1311 . -: 3152 Karen/Eml- Soulh -Sewer to: I Board of County Commissioners 778.44 S' 1312.- - 3205 Karsn/Eaat- SoUIH_Berver to Board of County YCommissioners ' : 178,44' ^ ' - 1313.: "3000 KarervEast -South Sewer to: :Board of County Commissioners -' - 17844 1400. Total settlament charges entered on lines 1 D3, sectlon J and 502, section K 23,463.81 0.00 CERTIMCATION:I hove arMUlly reviewed the NUO.1 Settlement Stabomant and to On beg of my knowledge and better, K le a we and accurate aleleraent of MI rsea and d'aburaemenis mad. en my aeoount or by - in INe iransaclion. I further verity that I have received a copy of HUD-t Settlement Slgement SEE ATTACHED SIGNATURE PAGE. To the beg of my knowledge, the HUD -1 Settlement Slgemanl which I have prepared Is a Irue and accurate acccunt of the funds which sere received and have been or M11 b disbursed by the undersigned a pan of the settlement or this tranaacaon. Sleaen TNie Company Din WARMNG: It Is a erine to knowingly mike fain ggsmems to the United Subs on this or any other simper torm. Psnalllee upon oonvletion an Include a an* and knpriWnmoN. For deteile see: Title 19: U.$ Cpoe Section 1001 and Section 1010. Packet Page -1088- 5/24/2011 Item 16.13.4. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK M Deputy Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY COLLIER COUNTY, FLORIDA JIM COLETTA, CHAIRMAN Approved as to form and legal sufficiency: By: Jeff E. Wright % Assistant County Attorney Packet Page -1089- INSTR 4510846 OR 4637 PG 3256 RECORDED 12/30/2010 9:12 AM PAGES 5 5/24/2011 Item 16.6.4. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, A political Subdivision of the State of Florida, Plaintiff, V. JEAN CLAUDE MARTEL (a.k.a. CLAUDE MARTEL), and any tenants/persons in possession, and any unknown heirs, successors, assigns, devisees, grantees, creditors It unknown persons or unknown sp itg through and under the above-n, efendant, THIS ACTION came befor ourt on D SUMMARY JUDGMENT for forec r� d the and other evidence of record, and having in the premises, finds as follows: CASE NO. 14- 720 -CA CCIt 1.!ER CL7Ui•JTY, FLORII?P on Plaintiffs MOTION FOR the pleadings, affidavits, and being otherwise fully advised A. Service of process has been properly secured upon all Defendants and the Court has Jurisdiction over the parties and over the subject matter of this action. B. Defendant, JEAN CLAUDE MARTEL, is the record owner of the Subject Properties (as further described in Paragraph E, below) in this lawsuit. C. The County's interest in the code enforcement liens that are the subject of this action is paramount and superior to any right, title, interest, claims, Iiens, encumbrances, and equities of the Defendants, JEAN CLAUDE MARTEL (also known as CLAUDE MARTEL), and all persons claiming any interest in the Subject Properties (as further described in Paragraph E, below) since the filing of the Lis Pendens. D. A certified copy of the Order imposing Fine /Lien ( "Orders ") rendered by the Collier County Special Magistrate was properly recorded in the Official Public Records of Collier County, Florida, at O.R. Book 4236, Pages 962 -963, and this constitutes a valid lien upon the Subject Property- Packet Page -1090- OR 4637 PG 3257 E. i i 5/24/2011 Item 16.6.4. Pursuant to § 162.09(3), Florida Statutes, the Order imposed an enforceable lien against the following property (the "Subject Properties"), described as: PROPERTY #1: Lot 37, Tarpon Mobile Homes, more particularly described as follows: Beginning at the Northeast corner of Lot 100, Naples Groves and Truck Co.'s Little Farm Number 2, according to the Plat in Plat Book 1, page 27, of the Public Records of Collier County, Florida; thence South 009150" West 337.8 feet; thence North 8902710" West 480 feet to the Point of Beginning; thence North 0 09110" East 139 feet thence South 8902710" East 60 feet; thence South 00910" West 139 feet; thence North 8902710" West 60 feet to the Point of Beginning, Collier County, Florida Also known as 3152 Karen Drive, Naples, Florida 34112 (Folio No. 61839680009); PROPERTY 42: The North 50 feet of the East 155 feet of the South % of Lot 138, Naples Grove and Truck Company's Little Farms #2, as r 'n k 1, page 27, Public Records of Collier County, Florida. (no Iq do No. 61843840000) PROPERTY 03: Lot 428 of Tarpon Mob Northwest corner of Lol according to Plat Book Thence S 0 009100" W 3 Thence S 89 027'00" E 6' thence S 0 09'00" W 139 Also known as 3000 Karen PROPERTY #4: Point of i 'bed as: Beginning at the 's ittle Farms No. 2, C llier County, Florida: �rf , to Point of Beginning. ence E 89 026'40" W 60.0 ft., No. 61839560006); and Lot 18 Tarpon Mobile Homesites, more particularly described as follows: Beginning at the Northeast corner of Lot 100 N.G. & T. Co. Little Farms No. 2 Subdivision, according to Plat Book 1, page 27, Public Records of Collier County, Florida. Thence North 89126'40" West 300 feet, to point of beginning, thence South 0 °09'00" West 139 feet, thence South 89 026'40" East 60.0 feet, thence North 0 09100" East 139 feet, thence North 89 026140" West 60.0 feet, to the point of beginning. Also known as 3205 Karen Drive, Naples, Florida 34112 (Folio No. 61840280003); and G. There are no other liens recorded against the Subject Properties, which liens are superior to code enforcement liens. H. Plaintiff, Collier County, has incurred costs in the prosecution of this action in the amount of $7,204.00 (representing contractor costs plus filing fees). See the Affidavit of Diane Flagg (Exhibit B to the Motion). In addition, Plaintiff will expend $280 in costs for foreclosure processing ($70 per sale, for four sales). These costs, combined, equal $7,484. 2 Packet Page -1091- OR 4637 PG 3258 K. L. • 5/24/2011 Item 16.6.4. Default was entered against Defendant JEAN CLAUDE MARTEL on May 18, 2010. As to each Defendant, there are no genuine issues of material fact, and Plaintiff, Collier County, is entitled to a judgment in its favor as a matter of law; accordingly, it is ORDERED AND ADJUDGED that Plaintiffs Motion for Summary Judgment for foreclosure against Defendant JEAN CLAUDE MARTEL, and any person claiming an interest in the Subject through him, is hereby GRANTED and a Final Summary Judgment for Foreclosure ( "The Judgment") is hereby entered in accordance with the following terms: 1. As of December 10, 2010, there is due and owing from Defendant, JEAN CLAUDE MARTEL, to the Plaintiff, the accrued sum of the code enforcement lien which equals $401,921.45, for which let execution issue. - 2. Plaintiff, Collier County, is o (h� incurred in this action, pursuant to § 162.10, Florida Statutes, in the amo .� 84. �T 3. Plaintiff has a code f ien as a securi intemst to secure the payment of the aforesaid sums against the Subje t Pr Parties. s li s are or paramount, and superior to all rights, claim, liens, interest, en q i ie o t e f nd is and all persons or entities claiming by, through, or under of E' 4. Unless the Defen shall, at any time r o le of the properties described herein, pay to Plaintiff the total su 9,405.45, with int that a rate prescribed by law and the aforesaid costs and fees, the Clerk of ' . notice as required by law, shall sell E C1 each of the Subject Properties at four (4) se is sales on (1) �RBR ,A,r ru_ 2011, at u� o'clock; (2)TiR_�Fl rtl�. I{o , 2011, at � 4'c1oCk; (3) u ,&% I _, 2011, attl.�la,.. o'clock; and (4) fte 2011, at w.w o'clock to the highest and best bidder(s) for cash, in the First Floor Lobby, Atrium area of the Collier County Courthouse, Naples, Collier County, Florida, in accordance with § 45.031, Florida Statutes. The Subject Properties shall be sold free and clear of all right, title, interest, claim, lien, encumbrance, remainder reversion, homestead, dower, or equity of redemption whatsoever of the D: fendants named herein, and all persons or entities claiming interest in said properties, as of the date of filing of the Notice of Lis Pendens. 5. Plaintiff is hereby given leave to bid at all four sales and apply against any debt made by it, the amount found to be due Plaintiff in this Judgment. Section 45.031(2), Florida Statutes, requires that the high bidder post with the Clerk a deposit equal to Five Percent (5 %) of the final bid. In the event that a successful bidder fails to place the requisite deposit in accordance with Florida 3 Packet Page -1092- OR 4637 PG 3259 5/24/2011 Item 16.6.4. • • ov Statutes with the Clerk, t bid ig Yeid md the We shell go to the mood hiL&st bidden whorshall it. However, if the Plaintiff is the successful bidder, it is excluded from the deposit requirement. 6. Out of the proceeds arising from the sale of the property, the Clerk shall retain his fees and shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the costs as determined herein; second, documentary stamps affixed to the Certificate of Sale; third, the total sum due to Plaintiff as set forth in this final judgment, plus interest at the rate prescribed by law from this date to the date of sale. If the Subject Properties shall sell, individually or collectively, for more than enough to pay the above - mentioned sums with interest, the Clerk shall retain the surplus and report to this Court for the Court to further order. The Clerk of the Court shall hold the surplus in the registry of this Court. Thereafter, upo ce nt of hearing to all parties, the Court will adjudicate the rights hereto accordin l d equity. le � 7. Upon the sales bei g h rdance with pt 45 of the Florida Statutes, and upon the Clerk filing Certificate of ale and tes o Title, he ales shall stand confirmed and title shall pass fully and compl ely o e h e d 'n e e ificates of Title free and clear of any right, title, interest, esta o de n �r e Defendants or any person claiming, by, through, or under o any person cl -� est in the Subject Properties, and the purchaser at the sale shall �t�-to possession of t rty. Further, any and all persons whosoever claiming against the Subjec fo$ r=ofthis'�Court, liens or other interest unrecorded as of the date of the filing of Lis Pe dens wt c shall be forever barred from asserting any such liens or other interest any such liens or other interest shall be discharged forever, in accordance with Florida Statutes. 8. This Court retains jurisdiction of this cause for purposes of making all other orders and judgments as may be necessary and appropriate herein, including, but not limited to, writs of assistance determining claims to any surplus and granting such other relief as may be appropriate. Section 162.09(3), Florida Statutes (2010), does not provide for entry of a deficiency judgment in favor of the Plaintiff in the event that the proceeds of the sale of the property are insufficient to pay the amounts due and owing Plaintiff pursuant to this Judgment. The Clerk is hereby authorized to issue a VA rit of Possession for the premises after filing of Certificate of Title upon request of Plaintiff and the Sheriff is hereby authorized to serve the Writ of Possession. 4 Packet Page -1093- * ** OR 4637 PG 3260 * ** 5/24/2011 Item 16.6.4. DONE AND ORDERED at Naples, Florida, this % 7-day of December, 2010. TPE r NORABLE CYNTHIA A. PIVACEK C rcuit Court Judge Conformed copies to: QV' Mr. Claude Martel r3 ` 3I90 Karen Drive r/ Naples, Florida 34112 Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail, East RR C0 Harmon Turner Building, 8 F Naples, Florida 34112 Bookkeeping n �- �� o s Packet Page -1094- w� INSTR 4531471 OR 4656 PG 2831 RECORDED 3/2/2011 10:31 AM PAGES 2 5/24/2011 Item 16.13.4. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCO.70 $0.00 REC 518.50 CONS $5,100.00 � ` • i IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, A political Subdivision of the State of Florida, Plaintiff, V. JEAN CLAUDE MARTEL (a.k.a. CLAUDE MARTEL), and any tenants /persons in possession, and any unknown heirs, successors, assigns, devisees, grantees, creditors, a unknown persons or unknown through and under the above -n sp efendant, The undersigned, DWIGHT E. a Certificate of Sale in this acti February objections to the sale have been 'thin the time The following property in Collier Florida: CASE NO. 10- 720 -CA PROPERTY r -n M. S -i cn reifies that he executed and filed �y described herein, and that no objections. PROPERTY 43: Lot #28 of Tarpon 1�'[ b ��ro�veapnd rticularly described as: Beginning at the Northwest corner of Lot Truck Co.'s Little Farms No. 2, according to Plat Book 1, page 27, of the Public Records of Collier County, Florida: Thence S 0 009100" W 337.9 ft, thence S 89 127100" E 296.81 ft., to Point of Beginning. Thence S 89027100" E 60.0 ft., thence N 0 09'00" E 139.0 ft., thence E 89°26140" W 60.0 ft., thence S 009'00" W 139.0 ft., to Point of Beginning. Also known as 3000 Karen Drive, Naples, Florida 34112 (Folio No. 61839560006); and was sold to COLLIER COUNTY, FLORIDA, A political subdivision of the State of Florida, c/o Office of the Collier County Attorney, 3299 Tamiami Trail, East, Harmon Turner Building, 8"' Floor, Naples, Florida 34112. Bid amount: $5,100.00 WITNESS my hand and seal of the court on March 1, 2011. DWIGHT: E. CROCK, Clerk of the''Cii'ciut'Caurt' , I3e u C1etk 0;3t 2 c Packet Page -1095- * ** OR 4656 PG 2832 * ** Cnnformed copies to: l i Mr. Claude Martel ?J -� v 3190 Karen Drive X115 Naples, Florida 34112 Jeff E. Wright Assistant County Attorney 3299 Tamiami Trail, East " Harmon Turner Building, 81h Floor Naples, Florida 34112 5/24/2011 Item 16.6.4. 5 Packet Page -1096- 5/24/2011 Item 16.6.4. The 2oo6 Florida Statutes Title XI Chanter 125 View Entire COUNTY ORGANIZATION AND COUNTY GOVERNMENT Chanter INTERGOVERNMENTAL RELATIONS 125.38 Sate of county property to United States, or state. - -If the United States, or any department or agency thereof, the state or any political subdivision or agency thereof, or any municipality of this state, or corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare, should desire any real or personal property that may be owned by any county of this state or by its board of county commissioners, for public or community interest and welfare, then the United States, or any department or agency thereof, state or such political subdivision, agency, municipality, corporation or organization may apply to' the board '' of county commissioners for a conveyance or lease of such property. Such board, if satisfied that such property is required for such use and is not needed for county purposes, may thereupon convey or lease the same at private sale to the applicant for such price, whether nominal or otherwise, as such board may fix, regardless of the actual value of such property. The fact of such application being made, the purpose for which, such property, is to be used, and the price or rent therefor shall be set out in a resolution duty adopted by such board. In case of a lease, the term of such lease shall be recited in such resolution. No advertisement shalt be required. History. - -s. 4, ch. 23829, 1947. Packet Page -1097-