Agenda 05/25/2010 Item #16A 1
EXECUTIVE SUMMARY
Agenda Item No, 16A1
May 25,2010
Page 1 of 3
Recommendation to accept a proposed settlement providing for Partial Release of Lien in
the Code Enforcement Action entitled Collier County v. Tatiana E. Tannehill, Code
Enforcement Special Magistrate Case No. 2007-050876, for payment of $14,010.30, to
release property known as 4544 Fluvia Avenue (parcel ID 63453440005), Collier County,
Florida.
OBJECTIVE:
That the Board of County Commissioners ("Board") accept a proposed settlement agreement
amount of $14,010.30 from Bank United, owner by foreclosure, to release a code enforcement
lien encumbering 4544 Fluvia A venue.
CONSIDERA nONS:
As a result of code violations at 2121 41st Terrace SW, the Code Enforcement Special
Magistrate ordered the imposition of a lien ("Lien") against the owner, Tatiana E. Tannehill
("Tannehill"), in Special Magistrate Case No. 2007-050876. The Lien was recorded in the
Official Public Records on August 21,2009, at OR Book 4485, Pages 342, et seq" and the Lien
encumbers all real and personal property owned by Tannehill.
On December 1,2009, Bank United, FSB ("Bank United") obtained title, through foreclosure, to
property known as 4544 Fluvia A venue, which was also owned by Tannehill.
Bank United has offered a settlement amount of $14,01 0.30 to release the lien on 4544 Fluvia
Avenue. There are no code violations on this property. If the BCC accepts this settlement amount
the remaining properties owned by Tannehill would have a remaining lien amount of $60,348.45.
The bank funds and settlement agreement were received prior to the Board discussion on May
1 I, 2010 of the revised resolution.
FISCAL IMPACT:
Bank United has provided payment of$14,01O.30, representing the proposed settlement amount,
as a good faith commitment to this proposed settlement and this payment is currently being held
by the Code Enforcement Department pending acceptance by the BCC.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
LEGAL CONSIDERATIONS:
This item has been reviewed and is legally sufficient for Board action. -JW
RECOMMENDATION:
That the Board of County Commissioners accept the proposed settlement offer of $14,013.30
from Bank United, as described herein, and authorize the Chairman to sign the attached Partial
Release of Lien.
PREPARED BY:
Marlene Serrano, Code Enforcement Operations Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16A1
May 25,2010
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Recommendation 10 accept a proposed settlement providing for Partial Release of Lien in the
Code Enforcement Action entitled Collier County v, Tatiana E, Tannehill, Code Enforcement
Special Magistrate Case No, 2007-050876, for payment of $14,010,30, to release property
known as 4544 Fluvia Avenue (parcellD 63453440005), Collier County, Florida,
5/25/2010900:00 AM
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Code Enforcement
4/1/20105:15:19 PM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
4/7/2010 1 :13 PM
Date
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
4/8/20108:31 AM
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Code Enforcement
4/13/20106:06 PM
Approved By
Date
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Transportation Planning
4/14/20107:24 AM
Date
Approved By
Jeff Klatzkow
County Attorney
4/16/2010 4:48 PM
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
County Managers Office
5/18/20102:21 PM
Agenda Item No, 16A1
May 25, 2010
Page 3 of 3
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 O.R. 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:
Address:
Legal description:
4544 Fluvia Avenue, Collier County, Florida
LOT 2, BLOCK 12, FIRST ADDITION TO NAPLES
TWIN LAKE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 4, PAGES 52-53, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
63453440005
OSM Case No. 2007-050876
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-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:
~---:iC
Je fE, Wright
As' t County Attorney