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Agenda 02/23/2010 Item #16A 4 EXECUTIVE SUMMARY Agenda Item No. 16A4 February 23, 2010 Page 1 of 8 Recommendation to accept a proposed settlement providing for Partial Release of Liens in the Code Enforcement Actions entitled Collier County v. Tatiana Tannehill, Code Enforcement Special Magistrate Case Nos. 2007050876, CENA20080005725, and CENA20080010020, for payment of $7,041.25, to release property known as 2263 Sprnce Street (parcel ID 5]693320007), located within Collier County, Florida, from these liens. OBJECTIVE: That the Board of County Commissioners ("Board") accept a proposed settlement agreement with Wells Fargo Bank, owner by foreclosure, to release three Code Enforcement Liens encumbering 2263 Spruce Street for payment of$7,041.25, CONSIDERATIONS: As a result of code violations at 2121 41st Terrace SW, and 4544 Fluvia Ave., the Code Enforcement Special Magistrate ordered the imposition of liens against the owner, Tatiana Tannehill ("Tannehill"), in Special Magistrate Case Nos. 2007050876, CENA20080005725, and CENA20080010020. These "Lien Orders" were recorded in the Official Public Records at OR Book 4485, Page 342; OR Book 4455, Page 1600; and OR Book 4455, Page 1881, respectively, and the liens encumber all real and personal propt;rty owned by Tannehill. Tannehill also holds title to other real property in Collier County. On May 5, 2009, Wells Fargo Bank obtained title to property known as 2263 Spruce Street, which was owned by Tannehill, through foreclosure. Because the County held the above-described encumbrances against Tannehill, the County has taken the position that these liens survived the foreclosure and are superior to Well Fargo's mortgage interest in this foreclosure case. Wells Fargo has offered a settlement amount, which represents the calculated "pro rata" value of the Order Imposing Lien encumbering 2263 Spruce Street relative to other properties owned by Tannehill, in exchange for the release of the liens with respect to this property. If approved, the liens would be released with respect to 2263 Spruce Street, but will continue to encumber all other (non-homestead) real and personal property owned by Tannehill. Currently, this includes five non-homestead properties located in Collier County. There are no pending violations at 2263 Spruce Street. FISCAL IMPACT: Wells Fargo has provided payment of $7,041.25, representing the proposed settlement amount. as a good faith commitment to this agreement, and this payment is currently being held by the Code Enforcement Department pending resolution ofthis agenda item. The balance on the three liens would be reduced by $7,041.25 (to $74,358.75), and the lien would continue to encumber all real and personal property owned by Tannehill, or her succesors, except 2263 Spruce Street. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary, LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW Agenda Item No. 16A4 February 23,2010 Page 2 of 8 RECOMMENDATION: That the Board of County Commissioners accept the proposed settlement offer from Wells Fargo Bank, and authorize the Chairman to sign the attached Partial Releases of Lien, PREPARED BY: Marlene Serrano, Code Enforcement Operations Manager Item Number: Item Summary: Meeting Date: Agenda Item No. 16A4 February 23, 2010 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to accept a proposed settlement providing for Partial Release of Lien in the Code Enforcement Action entitled Collier County Board of County Commissioners v. Tatiana Tannehill. 2/23/2010 9:00:00 AM Prepared By Marlene Serrano Community Development & Environmental Services Manager - Code Enforcement Operations Date Code Enforcement 21512010 2:36:S0 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 215/2010 2:45 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney 218120103:42 PM Approved By Diane B. Flagg Community Development & Environmental Services Director - Code Enforcement Date Code Enforcement 218120104:40 PM Approved By Nick Casalangulda Transportation Division Director- Transportation Planning Date Transportation Planning 219120102:50 PM Approved By Jeff Klatzkow County Attorney Date Approved By 219120103:08 PM OMB Coordinator County Manager's Office Date Office of Management & Budget 219120103:09 PM Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 2/13/2010 2:08 PM Agenda Item No. 16A4 February 23, 2010 Page 4 of 8 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 PARTIAL RELEASE OF LIEN This is to certify that the claim of lien ("Lien") arising out of the Order of the Special Magistrate dated August 7, 2009, a certified copy of which was recorded on August 21, 2009, in OK Book 4485, Page 342, of the Public Records of Collier County, Florida, against all real and personal property located in Collier County, owned by Tatiana E. Tannehill, has been partially discharged, only with respect to the following property: Folio no.: Reference: 2263 Spruce Street, Collier County, Florida LOT 12, BLOCK I, INOMAH SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 82, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 51693320007 OSM Case No. 2007-050876 Address: Legal description: The undersigned is authorized to and does hereby partially release this Lien, and consents to this Lien being discharged of record with respect to the above-described property. Dated this day of ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W, COYLE, CHAIRMAN Approved as to form and legal sufficiency: to right t County Attorney Agenda Item No. 16A4 February 23, 2010 Page 5 of 8 This instrument prepared by: JetTE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples. Florida 34104 (239) 213-2939 PARTIAL RELEASE OF LIEN This is to certify that the claim of lien ("Lien") arising out of the Order of the Special Magistrate dated May 1,2009, a certified copy of which was recorded on May 23, 2009, in O.R, Book 4455, Page 1600, of the Public Records of Collier County, Florida, against all real and personal property located in Collier County, owned by Tatiana E, Tannehill, has been partially discharged, only with respect to the following property: Address: Legal description: 2263 Spruce Street, Collier County, Florida LOT 12, BLOCK I, INOMAH SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 82, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 51693320007 OSM Case No. CENA20080005725 Folio no,: Reference: The undersigned is authorized to and does hereby partially release this Lien, and consents to this Lien being discharged of record with respect to the above-descri bed property. Dated this day of ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: (\ . \ '--- right t County Attorney Agenda Item No. 16A4 February 23, 2010 Page 6 of 8 This instrument prepared by: JeffE. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 30 I Naples, Florida 34104 (239) 213-2939 PARTIAL RELEASE OF LIEN This is to certify that the claim of lien ("Lien") arising out of the Order of the Special Magistrate dated May 1,2009, a certified copy of which was recorded on May 26, 2009, in O.R. Book 4455, Page 1881, of the Public Records of Collier County, Florida, against all real and personal property located in Collier County, owned by Tatiana E, Tannehill, has been partially discharged, only with respect to the following property: Folio no.: Reference: 2263 Spruce Street, Collier County, Florida LOT 12, BLOCK I, INOMAH SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 82, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 51693320007 OSM Case No. CENA200800I0020 Address: Legal description: The undersigned is authorized to and does hereby partially release this Lien, and consents to this Lien being discharged of record with respect to the above-described property. Dated this day of ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W, COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~ right t County Attorney Agenda Item No. 16A4 February 23, 2010 Page 7 of 8 Memorandum To: From: Diane Flagg, Director, Code Enforcemenwment Jeff Wright, Assistant County Attorney V February 5,2010 Date: Subject: SETTLEMENT PAYMENT - Collier County v. Tannehill, Case Nos. FILL Attached please find a check (REOExperts, LLC check no. 10197714) in the amount of $7,041.25, representing partial payment in relation to the following cases and amounts: 1. OSM Case No. 2007050876: 2. OSM Case No. CENA20080005725: 3. OSM Case No. CENA20080010020: $6,973.20 (OR Book 4485, Page 342) $35,98 (OR Book 4455, Page 1600) $32.07 (OR Book 4455, Page 1881) TOTAL: $7,041.25 Please feel free to contact me if you need additional information. cc: Jeffrey A, K1atzkow, County Attorney Office of the Collier County Attorney A , , , lID REO&~ LLC' , ~ fAmorica.N ' Ag~nda Item No, 16A4 , 59StClittleti<!geA've' 'S.U1Boportland,ME~ ..~ebrull?l"'lillllW10 I Sarasotll,'l"L 342J2 .. ',' ","'" .... '.' ,.PaQe 8.of 8 I.-;..."",~ ~.,-,:"",,,j~~,:, I~:~'l;;-- I~:'.'~~'*":;,'~ f 1 'PAY Seirell1housaDd f~ ooe and 2S/!OO DollarS:' .. '''IAMOUNT1U~'''~*'$7,04L2~ i m .; TOTHE COlliER COUNTY BOAROOF COMMISSIONERS" . ,,',' ,YO" ..ID.,IFN~OTC J:HIN1 YS7 ,,1,1,' .'looRFDI3R 3301 TAMIAMI TRAIL E.. .". ....'__ NAPLES, Fl 3411.2 . , .. , j · j.c,~._._J .~:"._'::.~ . ~~.::__ . ~~_.:.c~}: . ,.1,'1. c~ ....:~;';JJ;;.tl~!;;'.;: ' : .... .:;~.~_:_. '~_' ___'_~j II. W ~'i?? ~"'". I: ~ ~ 1.0000 ~ 21: ...... 2bb 2b Irb ~II. FOLD 1 ~---- - ., DATE I 0112512010 I CHECK NUMBER 11019m4 I nI INVOICE NUMBER INVOICE DATE J PROPERTY ADDR REMARKS NET AMOUNT SDl546542L1EN20100122 1/25/2010 EMCIREOl5465412263 SPRUCE STREET 7041.25 SITE CODE PAY TO NAME NET TOTAL 3301 TAMlAMI TA COLLIER COUNTY BOARD OF COMMISSIONERS <7041,05 ~J~2 _FOt:>