Agenda 11/08/2011 Item #16A 611/8/2011 Item 16.A.6.
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EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of
County Commissioners vs. Gomaa Elsaid and Karen Amal Elsherbein4 Code Enforcement Board
Case No. CEPM - 201040009420, relating to property located at 11334 Longshore Way West, Collier
County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) approve the release of a code
enforcement lien for payment of $450.00, in relation to the Code Enforcement Board ( "CEB ") action
entitled Board of County Commissioners vs. Gomaa Elsaid and Karen Amal Msherbeini (Respondents),
CEB Case No. CEPM - 2010- 0009420.
CONSIDERATIONS: On October 16, 2009, the Code Enforcement Board, found respondents in
violation of the Collier County Code of Laws and Ordinances relating to property located at 11334
Longshore Way Wesf for a pool not maintained in a sanitary condition. A written order, was recorded on
December 2, 2010 at O.R. Book 4629, Page 280.
Based on the above order, the Code Enforcement Board entered a lien order, which was recorded on May
13, 2,011, at O.R. Book 4681, Page 2137, of the Official Public Records of Collier County. The lien
encumbers all real and personal property owned by Gomaa Elsaid and Karen Amal Elsherbeini, including
11334 Longshore Way West. By the time the lien was entered, the violation had already been abated by
the County (as of November 19, 2010).
le-11\ Wells Fargo took possession of the subject property with a Certificate of Title recorded on May 27, 2011
due to foreclosure. Wells Fargo has submitted payment (through their attorney, the Law Offices of Tod
Andrew Weston, P.L.) in the amount of $450.00 as a good faith settlement agreement. Operational costs
of $80.29 and County abatement costs of $1,152.10 have been paid. In exchange for this payment, they
are requesting a waiver of $9,450 in accrued fines and release of the lien.
FISCAL D PACT: This proposed settlement recoups all County hard costs. If approved by the Board,
accrued fines in the amount of $9,450 will be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority
vote for approval. -JW
RECOMMENDATION: That the Board waive the fines and release the Lien, as described herein, and
by approval of this item, authorize the Chairman to sign the attached release of lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
ATTACHMENT: Release of lien
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6.
11/8/2011 Item 16.A.6.
Item Summary: Recommendation to approve the release of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Gomaa Elsaid and Karen Amal Elsherbeini,
Code Enforcement Board Case No. CEPM- 2010 - 0009420, relating to property located at 11334
Longshore Way West, Collier County, Florida.
Meeting Date: 11/8/2011
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
10/13/20114:24:02 PM
Approved By
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 10/13/20114:46:52 PM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 10/14/2011 12:25:20 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/14/2011 12:58:34 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 10/14/2011 1:29:48 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 10/26/20114:52:05 PM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 10/27/20118:35:09 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/28/2011 10:58:47 AM
Name: SheffieldMichael
Title: Manager - Business Operations, CMO
Date: 10/28/2011 2:16:46 PM
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11/8/2011 Item 16.A.6.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by
11/8/2011 Item 16.A.6.
the BOARD OF COUNTY
the owner and holder of a
Gomaa Elsaid and Karen Amal Elsherbeini, Owner
The lien was recorded on 05/13/11 in Official Records Book 4681, Page 2137, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Nine Thousand and Nine Hundred Dollars, and abatement and operational costs of One
Thousand Two Hundred Thirty Two Dollars and Thirty Nine Cents.
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:
11334 Longshore Way West, Collier County, Florida
Folio No. 5610160007
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 Release and
Satisfaction of Lien, by action of the Board on this day of
12011.
ATTEST
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
as to form aril legal sufficiency
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Fred W. Coyle, Chairman