Agenda 04/14/2009 Item #16E 4
Agenda Item No. 16E4
April 14, 2009
Page 1 of 30
EXECUTIVE SUMMARY
Recommendation to approve a Resolution authorizing the Chairman of the Board of
Collier County Commissioners (BCC) to execute a Statutory Deed for the conveyance of
County-owned property (mobile home sites) within the Bayshore/Gateway Community
Redevelopment area to the Collier County Community Redevelopment Agem.-y (CRA); and
waive any code enforcement penalties levied against the property that are not associated
with costs incurred by the County Code Enforcement Department to abate the violations:
Site Address 3155 & 3175 Karen Drive. (Companion to item NO. 16Gl)
OBJECTIVE: Rccommendation to approve a Resolution authorizing the Chairman of the Board
of County Commissioners (Bee) to execute a Statutory Deed for the conveyance of County-
owned property (mobile home sites) within the Bayshore/Gateway Community Redevelopment
area to the Collier County Community Redevelopment Agency (eRA); and waive any code
enforcement penalties levied against the property that are not associated with costs incurred by
the County Code Enforcement Depalimcnt to abate the violations: Site Addresses 3 I 55 & 3175
Karen Drive.
BACKGROUND: The eRA staff monitors the removal of slum and blight by the Collier
County Code Enforcement Department and works with the Collier County Sheriffs Office and
Code Enforcement Department to address the redevelopment area that was once known for high
crime rates and multiple code enforcement problems.
Collier County acquired properties located at 3 I 55 & 3 J 75 Karen Drive as a result of penalties
and abatement costs levied against the properties by the Collier County Code Enforcement
Department. Ultimately, an Amended Final Summary Judgment of Foreclosure was recorded on
October 8, 2007, in O.R. Book 4289, Pages 3602-3606 of the Public Records of Collier County,
Florida and Certificates of Title were recorded on June] 7,2008 and November 25,2008 in O.R.
Book 4370, Page 3252 and O.R. Book 4409, Page 2989, respectively, conveying the property to
Collier County.
The eRA and County Code Enforcement Department staff met to discuss the conveyance of the
County-owned property to the eRA and concur it is in the best interest of Collier County, and in
particular of the residents of the Bayshore area, for the eRA to acquire the properties to enact the
residential infill provision of the eRA'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 eRA Master Plan's
Neighborhood Initiative and increases the resident's quality of life.
The Bayshore Gateway Triangle eRA Local Advisory Board met on February 3, 2009 and
unanimously voted to forward their recommendation of approval to acquire the subject properties
to the eRA Board subject to the following provisions:
]. eRA agrees to reimburse the County lor any associated costs incurred by the County
Code Enforcement Department to eliminate the Code violations estimated in the amount
of $] 1,493.00, and the eRA aSSWlles any and all outstanding property taxes and special
assessments.
]
Agenda Item No. 16E4
April 14, 2009
Page 2 of 30
2. The Bee 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. Civil penalties for both properties total $10,000.
3. Acceptance of the property by the eRA Board.
Pursuant to Section 125.38 F.S., if the state or any political subdivision or agency thereof, or any
municipality of this state 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.
Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and
related activities" - gives the eRA power to acquire property. Florida Statute ]63.370 - "Powers;
counties and municipalities, community redevelopment agencies" - delineates other powers
necessary to carry out the purchase of property.
Bee 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.
Bee RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct
deficiencies. The applicable Redevelopment Master Plan sections cite:
1. Neighborhood Focus Program
o Acquisition of vacant and dilapidated sites (page IX-6)
o Demolish dilapidated and unsound buildings (page IV-20)
2. Bayshore Neighborhood Focus Initiative (NFl):
. Site acquisition and infill housing (lIlustration IX-14)
. New multifamily & single family housing (Illustration ]X- 14)
CONSIDERATIONS: The conveyance of the County-owned land to the eRA is in accordance
with Section 125.38 F,S. and Bee RESOLUTION No. 2000-181. The eRA has agreed to
reimburse the County for costs incurred by the County Code Enforcement Department to
eliminate the Code violations and the eRA will assume any and all outstanding property taxes
and special assessments, contingent upon approval by the Bee to waive all code enforcement
penalties levied against the properties.
FISCAL IMP ACT: Upon acceptance ofthe land by the Collier County Redevelopment Agency
Board, funds in the amount of $ 1 1,493.00 to be dispersed to Code Enforcement Department
Fund (111-13891 I) for code abatement costs, plus cost and expenses to complete the acquisition
of subject properties (title insurance, survey, delinquent and current taxes and assessments,
attomey fees, closing services and recording fees) are available in the approved FY 2009
Bayshore Gateway Triangle eRA Fund (187). Tax Increment Financing Revenues will be used
to fund this acquisition.
2
Agenda Item No. 16E4
April 14, 2009
Page 3 of 30
LEGAL CONSIDERATIONS: This item is ready for Board consideration. It is not quasi-
judicial and ex parte disclosures are not required. A majority vote of the Board is necessary for
Board action. (HF AC)
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
within the County, including the Bayshore Gateway Triangle eRA. 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 Collier County Board of County Commissioners:
. Approve a Resolution authorizing its Chairman to execute a Statutory Deed for the
conveyance of County-owned land to the Co llier County Community Redevelopment
Agency and;
· Waive any code enforcement penalties assessed against the properties that are not
associated with costs incurred by the County Code Enforcement Department to abate
the violations.
Prepared by: Jean Jourdan
Project Manager
Bayshore/Gateway Triangle eRA
3
Item Number:
Item Summary:
Meeting Date:
Page I of2
Agenda Item No. 16E4
April 14, 2009
Page 4 of 30
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E4
Recommendation to approve a Resolution authorizing the Chairman of the Board of Collier
County Commissioners (BCC) to execute a Statutory Deed for the conveyance of County-
owned property (mobile home sites) within the Bayshore/Gateway Community
Redevelopment area to the Collier County Community Redevelopment Agency (eRA); and
waive any code enforcement penalties levied against the property that are not associated
with costs incurred by the County Code Enforcement Department to abate the violations: Site
Address 3155 & 3175 Karen Drive. (Companion to ltem 16G5)
4/14/2009 90000 AM
Prepared By
Jean Jourdan
Community Redevelopment
Agency
Project Manager
Date
Bayshore~Gateway Redevelopment
3130120092:59:27 PM
A pproved By
David Jackson
Community Redevelopment
Agency
Executive Director
Date
Bayshore~Gateway Redevelopment
31311200911:29 AM
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
411120093:47 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
411120094:46 PM
Approved By
Jean Jourdan
Community Redevelopment
Agency
Project Manager
Date
Bayshore-Gateway Redevelopment
411120095:03 PM
Approved By
Sue Zimmerman
Administrative Services
Property Acquisition Specialist
Date
Facilities Management
41112009 5:07 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
4/2120099:24 AM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
41212009 2:33 PM
A pproved By
Mark Isackson
Budget Analyst
Date
Page 2 of2
Agenda Item No. 16E4
April 14, 2009
Page 5 of 30
County Manager's Office
Office of Management & Budget
4/4/20096:03 AM
A pproved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4f4/2009 11:26 AM
/
Agenda Item No. 16E4
April 14, 2009
Page 6 of 30
RESOLUTION NO. 2009-
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COLLIER COUNTY COMMISSIONERS TO APPROVE A CONVEYANCE OF
COUNTY OWNED PROPERTY AND TO EXECUTE A STATUTORY DEED
CONVEYING THE PROPERTY TO THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY FOR THE PURPOSES OF DEVELOPMENT OF
RESIDENTIAL INFILL.
WHEREAS. the staff of Collier County (County) and the staff of the Bayshore/Gateway
Community Redevelopment Agency (eRA) have agreed to terms for the conveyance of County
owned-land; and
WHEREAS, the conveyance of the County-owned land to the Community Redevelopment
Agency will assist with the implementation of the Bayshore/Gateway Triangle Master Plan and the
Bayshore Neighborhood Focus Initiative to acquire vacant lots to facilitate the construction of new
housing that meets the Collier County Code; and
WHEREAS, the conveyance of the County-owned land to the Community Redevelopment
Agency is in accordance with Section 125.38, Florida Statutes; and
WHEREAS, the Board of County Commissioner.; of Collier County, based on the facts and
recommendations from Staff" now finds that the County's fee interest, together with easement rights
and other improvements, in 3155 & 3175 Karen Drive, more particularly described in the attached
Statutory Deed, is required by the Collier County Community Redevelopment Agency for the
aforesaid use and is no longer needed or required by the County for a COWlty purpose. and that the
conveyance of same to the Collier COlmty Community Redevelopment Agency is in the best interest of
the residents of Collier County, provided that the County receives reimbursement, from the eRA of the
associated costs incurred by the County for outstanding code violations, special assessments and
property taxes; and
WHEREAS, by this Resolution the Board of County Commissioners desires to authorize its
Chairman to execute the Statutory Deed attached hereto. and take such other actions needed to
complete the conveyance of the property and fulfill the other terms and conditions set forth in the
Statutory Deed.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
1.
restated;
The foregoing WHEREAS Clauses are adopted and incorporated herein as if fully
2. The Board of County Commissioner.; of Collier County, Florida, hereby directs and
authorizes its Chairman, on behalf of this Board, to execute the Statutory Deed attached hereto, and
hereby approves the conveyance of the property described therein and any acts needed to fulfill the
tcnns and conditions of the attached Statutory Deed.
3. This Resolution shall take effect immediately upon adoption.
ADOPTED this _ day of
favoring adoption.
. 2009 after motion, second and majority vote
ATTEST;
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By;
By:
Donna Fiala, Chairman
Deputy Clerk
Approved as to fonn and
leUfliciency;
dl/~
Heidi F _ Ashton
Assistant County Attorney
PROJECT: CRA RESIDENTIAL INFILL
PARCEL: Lot 15 & 16
FOLIO: #61840320002
#61839440003
Agenda Item No. 16E4
April 14, 2009
Page 7 of 30
STATUTORY DEED
THIS DEED, made this _ day of , 2009, by COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to the
Collier County Community Redevelopment Agency, whose mailing address is 4069
Bayshore Drive, Naples Florida, 34112, (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to il in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby 9rant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
PARCEL #1: 3155 Karen Drive (folio #61840320002), described as:
Lot 15, Tarpon Mobile Home, more particularly described as: Beginning at the Northeast comer
of Lot 100, Naples Grove and Truck Co's Little Farms No.2, according to plat in Plat Book 1,
Page 27, Public Records of Collier County. Florida, thence N 89 degrees 26 minutes, 46
seconds, West 480 feet to POINT OF BEGINNING, thence S 00 degrees 09 minutes, 00
seconds West 139.0 feet, thence S 89 degrees 26 minutes 40 seconds East 60.0 feet, thence
North 00 degrees 09 minutes 00 seconds East 139 feet, thence N B9 degrees 26 minutes 40
seconds West 60.0 feet to POINT OF BEGINNING.
PARCEL #2: 3175 Karen Drive (folio # 61839440003), described as:
Lot #16 of an unrecorded Plat, Commencing at the Northeast corner of Lot 100, Naples Grove
and Truck Co's Little Farms No, 2, according to plat in Plat Book 1, Page 27, Public Records of
Collier County, Florida, thence North 89 degrees 26 minutes, 40 seconds W 420 feet to the
POINT OF BEGINNING: Ihence South 00 degrees 09 minutes, 00 seconds, W 139.0 feet:
thence South 89 degrees 26 minutes 40 seconds East 60.00 feet; thence North 00 degrees, 09
minutes, 00 seconds, East 139.00 feet; thence N 89 degrees, 26 minutes, 40 seconds W 60.0
feet 10 the POINT OF BEGINNING.
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by its Board of County Commissioners acting through its Chairman, the day
and year aforesaid.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
DONNA FIALA, Chairman
, Deputy Clerk
(OFFICIAL SEAL)
Approved as to form and
legalJufficiency:
~ A~ A Uo
Heidi F. Cicko-Ashton
Assistant County Attorney
PROJECT:
PARCEL:
FOLIO:
CRA RESIDENTIAL INFILL
Lot 15& 16
#61840320002
#61839440003
Agenda Item No. 15E4
April 14, 2009
Page 8 of 30
STATUTORY DEED
THIS DEED, made this _ day of , 2009, by COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiamj Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to the
Collier County Community Redevelopment Agency, whose mailing address is 4069
Bayshore Drive, Naples Florida, 34112, (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to It in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
PARCEL #1: 3155 Karen Drive (folio #61840320002), described as:
Lot 15. Tarpon Mobile Home, more particularly described as: Beginning at the Northeast corner
of Lot 100, Naples Grove and Truck Co's Little Farms No.2, according to plat in Plat Book 1,
Page 27, Public Records of Collier County, Florida, thence N 89 de9rees 26 minutes, 46
seconds, West 480 feet to POINT OF BEGINNING, thence S 00 degrees Og minutes, 00
seconds West 139.0 feet, thence S 89 degrees 26 minutes 40 seconds East 60.0 feet, thence
North 00 degrees 09 minutes 00 seconds East 139 feel, thence N 89 degrees 26 minutes 40
seconds West 60.0 feet to POINT OF BEGINNING.
PARCEL #2: 3175 Karen Drive (folio # 61839440003), described as:
lot #16 of an unrecorded Plat, Commencing at the Northeast corner of Lot 100, Naples Grove
and Truck Co's Little Farms No.2, according to plat in Plat Book 1, Page 27. Public Records of
Collier County, Florida. thence North 89 degrees 26 minutes, 40 seconds W 420 feet to the
POINT OF BEGINNING: thence South 00 degrees 09 minutes, 00 seconds, W 139.0 feet;
thence South 89 degrees 26 minutes 40 seconds East 60.00 feet; thence North 00 degrees, 09
minutes, 00 seconds, East 139.00 feet; thence N 89 degrees, 26 minutes, 40 seconds W 60.0
feet to the POINT OF BEGINNING.
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by its Board of County Commissioners acting through its Chairman, the day
and year aforesaid.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, Chairman
. Deputy Clerk
(OFFICIAL SEAL)
Approved as to form and
1lffZncA Uo
Heidi F. Cicko-Ashton
Assistant County Attorney
Statutes & Constitution :View Statutes :->2008->Ch0125->Section 38: Online Sunshinggenda I~p~/f~~~f 1
Page 9 of 30
Select Year: 2008 I Go I
The 2008 Florida Statutes
Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL
RELATIONS
Chapter 125
COUNTY
GOVERNMENT
View Entire
Chapter
125.38 Sale 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 conveyor 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 duly adopted by such board. In case of a lease, the term of such lease shall be recited in such
resolution. No advertisement shall be required.
History.--s_ 4, ch. 23829, 1947.
Copyright iO 1995-2009 The Florida Legislature. Priva"y Statement. Contact Us
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A~enda Item No. 16E4
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
rv IN AND FOR COLLIER COUNTY, FLORIDA
V CIVIL DIVISION
COLLIER COUNTY, FLORIDA,
A political Subdivision of the State ofF]orida,
Plaintiff,
v.
CASE NO. 06-l902-CA
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THIS ACTION came before the 007, on Plaintitrs MOTION FOR
SUMMARY JUDGMENT for foreclosure, an , having reviewed the pleadings. affidavits,
and other evidence of record, and having heard argument of counsel and being otherwise fully advised
in the premises, finds as follows:
A. Service of process bas been properly secured upon all Defendants and the Court bas
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 F, 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, liens, encumbrances, and equities of the
Defendants, JEAN CLAUDE MARTEL, UNKNOWN TENANT NOW KNOWN AS PAT JONES,
UNKNOWN TENANT AT 3155 KAREN DRIVE, and UNKNOWN TENANT AT 3175 KAREN
DRIVE, and all persons claiming any interest in the Subject Properties (as further described in
ParagIllJlh F, below) since the filing of the Lis Pendens.
D. Certified copies of the Orders Imposing FineILien ("Orders") rendered by the Collier
County Code Enforcement Board were properly recorded in the Official Public Records of Collier
.
Agenda Item No. 15E4
April 14, 2009
Page 11 of 30
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County, F]orida, at O.R. Book 2885, Pages ]508-1510; O.R. Book 2885, Pages ]501-1503; OR Book
3307, Pages 0639-064]; OR Book 3307, Pages 0642-0644; and at OR Book 3598, Pages 0356-
0358; and these constitute valid liens upon the property.
E. A certified copy of nuisance abatement Resolution No. 2005-63 ("Resolution") was
properly recorded in the Official Pub]ic Records of Collier County, Florida, on February 18, 2005, at
O.R. Book 3737, Page 0827, and constitutes a valid lien upon the Subject Properties. A true and
correct copy of Reso]ution 2005-63 has been filed with the Court in this action.
F. Pursuant to ~ ] 62.09(3), Florida Statutes, the Orders and the Resolution imposed
enforceable liens against the following property (the "Subject Properties"), described as:
PARCEL #1: 3155 Karen Drive (folio #61840310001). described as:
Lot 15, T3Ipon Mobile Home, more particularly described as: Beginning at the Northeast comer
of Lot 100, Naples Grove and Truck Co's Little Farms No.2, according to plat in Plat Book ],
Page 27, Public Records of Collier County, Florida, thence N 89 degrees 26 minutes, 46 seconds,
West 480 feet to POINT OF BEG degrees 09 minutes, 00 seconds West
139.0 feet, thence S 89 degrees 26 0.0 feet, thence North 00 degrees 09
minutes 00 seconds East 139 r. utes 40 seconds West 60.0 feet to .'(
POINT OF BEGINNING. i.-~,)
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PARCEL #2: 3175 Karen
Lot #16 of an unrecorded lat.
and Truck Co's Little F
Collier County, Florida, th
POINT OF BEGINNING;
South 89 degrees 26 minutes
seconds, East 139.00 feet; then
OF BEGINNING.
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PARCEL #3: 3176 Karen Drive (folio #6183880??oo). described as:
Lot 38 of an unrecorded plat, TARPON MOBILE HOMES, more particu1ar]y described as:
Beginning at the NE comer of Lot 100, Naples Grove and Truck Co's Little Farms No.2,
according to plat in Plat Book I, Page 27, Public Records of Collier County, Florida; thence S 00
degrees, 09 minutes, 00 seconds W 337.8 feet, thence N 89 degrees, 27 minutes, 00 seconds W
420 feet to POINT OF BEGINNING. Thence N 00 degrees, 09 minutes, 00 seconds E 139.0 feet,
thence S 89 degrees, 27 minutes, 00 seconds E 60.0 feet, thence S 00 degrees, 09 minutes, 00
seconds W 139.0 feet, thence N 89 degrees, 27 minutes, 00 seconds W 60.0 feet, to the POINT
OF BEGINNING.
G. There are no other liens recorded against the Subject Properties, which liens are
superior to code enforcement liens.
H. Several of the violations, which are the subject of the Orders Imposing FinclLicn,
remain pending as of the date of this Order.
2
.
Agenda Item No. 16E4
April 14, 2009
Page 12 of 30
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I. Plaintiff, CoIlier County, has incurred costs in the prosecution of this action in the
amount of S740. See the Affidavit of Michelle Edwards Arnold which is filed with this Court. In
addition, P]aintiffwill expend SI80 in costs for foreclosure processing ($60 per sale, for three sales).
These costs, combined, equal $920.
J. Plaintiff, Collier County, has expended the equivalent of $500 in reasonable attorney
fees.
K. Defaults were entered against Defendant JEAN CLAUDE MARTEL on February ]4,
2007, and against Defendant UNKNOWN TENANT NOW KNOWN AS PAT JONES, UNKNOWN
TENANT AT 3155 KAREN DRNE, and UNKNOWN TENANT AT 3175 KAREN DRIVE, by the
Clerk on May] 8, 2007.
L. As to each Defendant, there are no genuine issues of material fact, and Plaintiff, CoIlier
County, is entitled to ajudgment in its favor as a matter of law; accordingly, it is
ORDERED AND ADJUDGED r Summary Judgment for foreclosure
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issue.
ent for Forec]osure ("The
against Defendants JEAN CLAUD
JONES, UNKNOWN TENANT
KAREN DRIVE, is hereby G
ANT NOW KNOWN AS PAT
OWN TENANT AT 3]75
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Judgment") is hereby entered in
I. As of September ~
MARTEL, to the Plaintiff, the to
which equals $277,114.45, with in
Defendant, JEAN CLAUDE
and nuisance abatement lien,
. g at the Ie ~ of II %, for which let execution
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2. Plaintiff, Collier County, is entitled to the costs and attorney fees incurred in this action,
pursuant to ~ 162. ]0, Florida Statutes, in the amount ofSI,420 (i.e., $920 in costs and $500 in attorney
fees).
3. Plaintiff has code enforcement and nuisance abatement liens as security interests to
secure the payment of the aforesaid sums against the Subject Properties. Plaintiff's liens are prior,
paramount, and superior to all rights, claim, liens, interest, encumbrances, and equities of the
Defendants and all persons or entities claiming by, through, or under said Defendants or anyone of
them.
4. Unless the Defendants shal], at any time prior to the sale of the properties described
herein, pay to Plaintiff the total sum of $277,1 14.45, with interest at the rate prescribed by law and the
aforesaid costs and fees, the Clerk of Court, after publication of notice as required by law, shan sell
3
.
Agenda Item No. 16E4
April 14, 2009
Page 13 of 30
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each of the Subject Properties at three (3) separate public sales on (]) nCA:bB~ ~~ ,
2007, at .It.QO o'clock; (2) ffi.lbBCL ~~., , 2007, at \ \ '.N:::. o'clock; and (3)
OO:l\~ ~sn. ,2007, at II' ())o'clock; to the highest and best bidder{s) for cash, in the
~Ioor Lell~,iX~ltm area of the Collier County Courthouse, Naples, Collier County, Florida, in
accordance with ~ 45.03], 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 Defendants 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 three 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 finaJ bid.
In the event that a successful bidder fails to place the requisite deposit in accordance with Florida
Statutes with the Clerk, said bid is void ~RlcG the second highest bidder, who shall
also comply with Florida Statutes . ~ n to the req . t. However, if the Plaintiff is the
successful bidder, it is excluded
6. Out of the proc the Clerk shall retain his fees
and shall distribute the proce t, by paying: first, all of the
f-
costs as determined herein; t ~ Certificate of Sale; third, the
total sum due to Plaintiff as set fi . :::; st at the rate prescribed by law
from this date to the date of sale. I, individual]y or collectively, for
more than enough to pay the above-m st, the Clerk shall retain the swplus
and report to this Court for the Court to further order. The Clerk of the Court shal] hold the swplus in
the registry of this Court. Thereafter, upon motion and notice of hearing to all parties, the Court will
adjudicate the rights hereto according to law and equity.
7. Upon the sales being held in accordance with Chapter 45 of the Florida Statutes, and
upon the Clerk filing Certificates of Sale and Certificates of Title, the sales shall stand confirmed and
title shall pass fully and completely to the purchasers named in the Certificates of Title free and clear
of any right, title, interest, estate, claim, or equity of redemption of the Defendants or any person
claiming, by, through, or under them, or any person claiming any interest in the Subject Properties,
and the purchaser at the sale shall be let into possession of the property. Further, any and all persons
whosoever claiming against the Subject Properties, by virtue of any liens or other interest unrecorded
as of the date of the filing of Lis Pendens with the Clerk of this Court, shall be forever barred from
~
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4
.
.
Agenda Item No. 15E4
April 14, 2009
Page 14 of 30
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 detennining claims to any surplus and granting such other relief as may be appropriate.
Section ] 62.09(3), Florida Statutes (2006), does not provide for entry of a deficiency judgment in
favor of the P]aintiffin 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
Writ 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.
DONE AND ORDERED at Nap]es, F]orida, this ~"*y of September, 2007.
/
Ms. Pat Jones
3176 Karen Drive
Nap]es, F]orida 34112
...
...
...
C)
::0
~~~~:'ronned copies to:
I Mr. Claude Martel
V 3190 Karen Drive
Nap]es, Florida 34112
/
Unknown Tenant
3155 Karen Drive,
Naples, F]orida 34112
.-
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00
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/ Unknown Tenant
3175 Karen Drive
Naples, Florida 34112
~
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en
...
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v
JeffE. Wright
Assistant County Attorney
3301 Tamiami Trail, East
Hannon Turner Building, 8th Floor
Naples, F]orida 34112
Bookkeeping
5
Book 4370 - Page 3252
3/75' k /le8;U /).2
rau,t: 1 Ul1
Agenda Item No. T5E4
April 14, 2009
Page 15 of 30
'7'
1'\ '1'111' CIRCUIT COURT 01, THE TWENTIETH JL:D1CIAL CIRCUIT IN A:-lD FOR
COLLlI!R COUNTY. FLORIDA
v;.
CASE NO. 06-1902-CA-()l. I'ARCEL IliMd 2
ClYIL
4179505 OR: 4370 PG: 3252
llCOlII1D II o.neill umos of COLLIII conn. 11
06lnll101 It Il:!!PI IIIGI'II. Iloa. CI.IU
CllIS lIDotUI
ue In 11.5&
IOC-.l1 110."
COPIJI !. I'
lilt LlO
.~
COLLII,R COUNTY, FLORIDA. A political <;ul>d\vision
of th" SliIte of Florida,
PlainlilT(sl
"EA~ CLAUDE MARTEL (3.1(.3. CLAUDE MARTEL),
alld any tenants/persons in possession, and any IInkn""TI
heih. ..m.:eessors. assigns, devisees, grantees, creditors, and
other unknown porsons or unknown spoll~es claiming b)',
IhroUl!h 3.Il!l under tho abovc-nam~ Defendant,
e j)d~ndanl(s)
CERTIFICATE OF TITLE
rbe lIDdersigned, DWIGHT E. BROCK, Clerk of thc Circuit Coun, cenilks that he cxecutod
aBlllih;d. Certificate of Sale in this action on June 5, 2008, forthe propeny described herein,
and ihat no objections to the sale havc becn mcd wilhin the lime allowed for filing Objections,
The l'ol1owing pro""n)' in Collier County, Florida:
I
~>J\RCEL ffl: 3155 Karen Drivc (folio #61840320002), described lIS:
\ hot \5, Tarpon Mobil" Home, more panicularly described as: Beginning 311hc Nonhcast comcr
\\"11.01 I 00, Naples Grove and Truck Co'. Little /'ann. )0.:0. 2, according to plat in Plat Book I,
""gc 27, Public Record~ of Collier CouDly, Florida, thence N 89 degr~e. 26 minutes, 46 seconds,
~\'C:ll 480 fectto POP.-ll OF BEGINNING, thence S 00 dogrees 09 mmulcs, 00 seconds West
1, ;9.1> feet, thence S 89 degrees 26 minutes 40 seconds E35160.0 feet, thence Nonh 00 degrees
(19 minutes 00 seconds East 139 feel, Ihencc N 89 degrees 26 minutes 40 seconds West 60.0 feet
td{d)NT OF BEGrh'NI:-lG.
P~('''L ~2: 3175 Karen Drive (lolio .6\ 839440003), described lL"
LUI~I~ufan unrecurded Plut. Commencing 81lhe Nurthwest comer of Lot 100, Napks Grove
and 'I'ruck Co's I.illle Farms Nu. 2. according to plat in Pial Book I, Page27, Public Records of
Collb County, Florida, thence Nonh 89 dogreos 26 minutes, 40 seconds W 480 fcet to the
POINT OF BEGINNING: thence South 00 degrees 09 minutes, 00 seconds, W 139.0 fect; thenec
South 89 degrees 26 minutes 40 seconds East 60.00 feet: thence ~onh 00 degrees, 09 minotes,
00 se(:{)I~d.", East 139.00 feet; thence N 89 degreesf 26 Ininutes, 40 seconds \V 60.0 feet to the
POINT OF BEGINNING,
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http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImageID=465 913
2/11/2009
)i-
.
.
Agenda Item No. 16E4
April 14, 2009
Page 15 of 30
was sold to
COLLIER COUNTY, FLORIDA, A po]itical Subdivision of the State of F]orida,
c/o Office of the Collier County Attorney, 3301 Tamiami Trail, East, Harmon Turner Building, ~ _ _:;; g
8th Floor, Naples, Florida 34] ]2. ::::;.:::::::
Bid Amount:$IOO.oo
WIlNESS my hand and seal of the court on November.2I, 2008..
, .
IN TIlE C]RCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
COLLIER COUNTY, FLORIDA, A political Subdivision
of the State of Florida,
Plaintiff(s)
Vs.
CASE NO. 06-1902-CA-OI, PARCEL #2
JEAN CLAUDE MARTEL (a.k.a. CLAUDE MARTEL),
and any tenants/persons in possession, and any unknown
heirs, successors, assigns, devisees, grantees, creditors, and
other unknown persons or unknown spouses claiming by,
through and Wlder the above-named Defendant,
Defendant( s)
The Wldersigned, DWIGHT E. B
and filed a Certificate of Sale'
herein, and that this Certificat of
properly in Collier COWlty, Fl ri
PARCEL #2: 3175 Karen Dri
Lot #160fan unrecorded Plat.
and Truck Co's Little Farms No
Collier County, Florida, thence
POINT OF BEGINNING; thence
South 89 degrees 26 minutes 40 seco
00 seconds, East 139.00 feet; thence N 89 e
POINT OF BEGINNING.
f Lot 100, Nap]es Grove
age 27, Public Records of
onds W 420 feet to the
seconds, W 139.0 feet; thence
ce North 00 degrees, 09 minutes,
mutes, 40 seconds W 60.0 feet to the
DwIGHT~, MOCK,
Clerk of the Circuit Court
a.
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Agenda Item No. 16E4
April 14, 2009
Page 17 of30
American Land Title Association Commitment.- 1966
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for.
valuable considenWon, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A,
in lilvor of the proposed lDsured named in SchednJe A, as owner or mortgagee of the estate or interest coven:d
hereby in the land described or referred to. in Schedule A, upon payment of the premiums and charges
therefor; ail subject to the provisiOllB of Schedules A IOd B and to the Conditions IOd StipulatiOllB hereof.
This Commibnent shall be effoclive only when the identity o( the proposed Insured IOd the amount o( the
policy or policies committed (or have been inserted in Schedule A hereofby the Company, either at the time of
the issuance oflhi. Commitment or by subsequent endorsement
Thi. Commibnent is preliminaIy to the issulUlCe of such policy or policies of title insurance IOd .u
liabilily IOd obligations hereunder shall cease and terminate six months after the effoclive date hen:of or when
the policy or policies committed for shall issue, whichever finrt occurs, provided thet the failure to issue such
policy or policies is not the fault of the Company.
Signed under seal (or the Company, but lhis Commitment shall not be v.lid or binding until it bears an
.uthorized Countersignature,
IN WITNESS WHEREOF, SteWllll Title Guaranty Company has caused its cotpOrllle name and seal to be
hereunto affixed by its duly .uthorized officers .on the date shown in Schedule A.
-
. stewart
~1I\Ie guaranty company
I
~J~~#~
P"'oldent
C...IllI.....t I C-9002606 - 1301
SerlaI No.
OOSN Rev. 3n8
----~_.-.---.__r__~
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..
,",--
Agenda Item No. 16E4
April 14, 2009
Page 18 of 30
COMMITMENT NO.: 9002606
FILE NO.: 9002606 - 1301
COMMITMENT SCHEDULE A
EFFECITVE DATE: February 10,2009 at 5:00. PM
IDqulres sllould be directed to:
Betty Hurr
Stewart Title Compey
3936 Tamiami Trall N.. Suite A
Naples, Florida 34103-3592
1. Pollel... to be luued:
Amount
<a) ALTA Owner's Polley - (10-17-92) with Florida Modificatiou $11,493.00
Proposed lDsured:
Collier CollDty Community Redevelopment Agency
2. The ...tate or interest In the land dellCribed 'or referred to in this Commitment and covered hemn Is:
Foe Simpl.
3. Title to said estate or Interest in said land Is at the effective date hereofvested In:
Collier County. Florida, A political Subdivision oCtile State of Florida
4. The land reCerred to In thb Commitment is described as Collows:
Exhibit A, alI8cl1.d hereto and mad. a part hereof.
END OF SCHEDULE A
Jle&. D 0011 Rev. 01..os. TIlk Commltment.. DOh.Jtd IIDlus Scbedule A, Sdledule B Sedio8-1and Schedale: B SetdonaU Irt lDd.ded."
STEW ART TITLE
nit commitment it not an..bltract, exuninlltion. report, or c-cpleKm:atioa off.a:ort1tl~ and doos not CIC&IC and shall not GUARANTY COMPANY
De Ihe blJiI of., claim for neglipnce. DeJlipat Jltiarcprelentltion or other 10rl ataim or action. The .00e liabUity of
Compony Illd 113 TIlIc -.. Apit ,11.11_ UDder IDd bcsovcracd by_II 3 ofthc Conditio...
Agenda Item No. 16E4
April 14, 2009
Page 19 of 30
EXHIBIT '.. n A'.
PARCEL #1: 3155 Karen Drive (folio *61840320002), deaeribcclll5:
Lot I S, Tarpon Mobile Home, more perticularly dlllCrlbed IS: Bezjn"i"i at the Nol'lbeast comer
of Lot 100, Naplew Grove and Troclt CO'I Lillie FIlmII No.2, ICCcmilnS to plat In Pial Book I,
Page 27, Public Recorda of CoI1l~ County, Florida, thcnec N 89 dcgrcca 26 m1nutcl, 46 RCllI1ds,
West 480 feet to POINT OF BEOlNN1NO, thence S 00 degrees 09 minutes, 00 IeCODds West
139.0 feet, thcnoc S 89 dcllJ1lC8 26 minutes 40 lCCondI East 60,0 feet, thence North 00 degrees
09 minutes 00 ICCODda East 139 feet, thence N 89 degreea 26 minutes 40 seconcIs West 60.0 feet
10 POrNT OF BEOlNN1NO.
PARCEL #2: 3175 KarcD Drive (folio #61839440003), dc&cribcd as:
Lot *16 of BII unrecorded Plat. Commencing at tIie Northeast corner of LoI 1 00, Naples Grove
and Truck Co's Lillie Farms No. 2, accordin8 to plat in Plat Book I, Page 27, Public Records of
Collier ComIty, F]orida, thence North 89 degrees 26 minutes, 40 seconds W 420 feet to the
POINT OF BEGlNNINO; thence South,OO degrees 09 minutes, 00 seconds, W 139.0 feeti thence
South 89 degrees 26 millUleS 40 secondl East 60.00 feet; thenc:c North 00 degrees, 09 minutes,
00 seconds, East 139.00 feet; thenee N 89 degrees, 26 minutes, 40 seconds W 60.0 feet to the
POINT OF BEOlNNING.
Agenda Item No. 16E4
April 14, 2009
Page 20 of 30
COMMITMENT NO.: 9002Ci06
FILE NO.: 9002606 - 1301
COMMITMENT SCHEDULE B-1
The following are the requirements to be compliccl with:
A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly
filed for record.
I. Deed from corporate record title owner to proposed insured owner.
2. Obtain for tile a Cmporale RMolution sho~the authority of Ippropriate officero of a corporation to execute conveyance
instrumOllt(S) and attesting that the property to be conveyed is not all or substantiaJly all of the IlSIetI of the corporation.
3. Obtain for file a atatemenl from the SecretaIy of State's office in the Stale of corporation's charter that corporation is in good
standing with names of CUI1'e11t officers and showing aotual date of incorporation to be prior to date of acquisition of subject
property.
4. Obtain proof of payment of200S taxes.
S. Pay and Redeem Tax Sale Certificate Number 2007-o-8163-oS and 2007.()"SlSIl-OS.
6. Closing Media to escertain that there are no out""nding ..s..sments due Collier COWlty.
7. Proof satisfactory to the Company that all improvements on subject property have been completed more than 90 days.
8. Obtain for file a Non-Foreign Affidavit and Solicitation for selier's taxpayer identificalion number, in compliance with I.R.S.
Code 144S and 6045(e) requirements,
NOTE: A ludgment Search bas been done and there.... no outstanding judgments or Tax Liens recorded against proposed
insured owner as of the date of this commitment.
B. Affidavit from the seller and the borrower stating:
I. That there are no matters pending against them that could give rise to a lien that would attach to the subject
property between the effective date of the Commitment and the recording of instruments giving rise to the
interest to be insured.
2. That the affiants have not executed and will not execute any instruments that would adverselY affect the title to
the subject property or the lien of any mortgage to be insured pursuant to the Commitment.
C. The closing funds pertaining to the tnwsactio!l must be disbursed by or at the direction of the insuror or its agent.
D. An updated title examination, commencing as of the effective date of this Commitment, which shall be performed at
or shortly prior to the closing of the transaction, should not reveal any title defects or other adverse matters
appearing should be disposed of prior to closing to the satisfaction of the insurer or its agent.
END OF SCHEDULE B - SECTION I
Res. D OOU Rev. 01..os M TbIt CoIl1a1tmeat It IlOt valid ..leul Sew_ie At kllled.lell Sced.oa.1 ..d Scbcdule B Scctio...U are tadudcd."
STEWART TITLE
GUARANTY COMPANY
--_.~-_._-...'t-
. ~_.-
Agenda Item No. 16E4
April 14, 2009
Page 21 of 30
COMMITMENT NO.: 9002606
FILE NO.: 9002606 - 1301
COMMITMENT SCHEDULE B-II
Schedu]e B of1he policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the ComJlllllY:
I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, fint appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of
reCord the estate or interest or mortgage themm covered by this Commitment.
2. Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, n~ shown by the public records.
(c) Encroachments, overlaps, boundary Ime disputes, or other matters which would be disclosed by an accurate
survey and inspection of the premises.'
(d) Any lien, or right to a lien, for service~, labor, or material hereto or hereafter furnished, imposed by law and
not shown by the public records.
(e) Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands
insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to. such
lands. .
Special Exceptions:
3. Taxes for 2008 are due and payable in the amount of $200.13 , folio number 61840320001.
4. Taxes for 2009 became a lien on the land on Janumy ],2009 although not due and payable until on or after
November 1,2009 (folio #618403200(2). Taxes for 2008 have not been paid in the amount of$200.13. (3ISS
Karen Dr.)
S. Taxes for 2008 are due and payable in the amount of$I,108.76, folio number 61839440003.
6.. Taxes for 2009 became a lien on the land on Janumy 1,2009 although not due and payable until on or after
November I, 2009 (folio #618394400(3). Taxes for 2008 have not been paid in the amount of $1, 108.16.. (3115
Karen Dr.)
7. Tax Solo Certificato Numbor2oo7..o-8163-QS and 2OO7-0-815S-08.
8. Special Assessment imposed by EastlSouth Naples Sewor. Note: Tho lUIloW1l due in the current yoar bas been included in
tho ~I Property Tax Bill as Non Ad Valorem Taxe..
9. Easemon13 and other matters affecting the lands referred to herein as shown on the plat recorded in Plat Book I, alpa8e 27A.
of the Public Records of Collier County, Florida.
10. Drainage Easement 10 State of Florida for the use and benefit of the State Rood Department of Florida recorded in Deed
Book 28, page 443, Public Records ofCollicrCounty, Florida.
Rt&- D 0012 Rn. 1]-15 IolTbJI CoatJDttntmt II Dot nOd ..... Sc:'cdaJc A. Sdllledule B Sedtoa-lan4 Sdllcd. B Seelio.n.re iDd.ded..'"
. STEW ART TITLE
GUARANTY COMPANY
Agenda Item No. 15E4
April 14, 2009
Page 22 of 30
COMMITMENT NO.: 9002606
FILE NO.: 9002606 - 13411
I 1. Utility Ellsement to Board of County Commiasiontn of Collier County, Floridarecordcd in OR Book 1410. page 1533,
Public Records of Collier Colmty, Florida.
12. Litton! and ripllian rights in IIId to 8IId title to !bat portion of the insured property lying below the ordinarylmcan high
water maric of the C8IIllVdralnage easement described in OR Book 28, page 443, Public Records of Collier County. florida.
] 3. State Road Righl-of- Way along the Easterly 30 feet IS recorded in Official ~cord Book 520, Page 536. of the Public
Records of Collier County. Florida .
14. Easement to Florida Power and Light Company recorded in Official Record Book 113 7, Page 530, in the Public
Records of Collier County, Florida.
IS. Covenants, Conditions, Restrictions, Eas~ments, and all other matters, IS conwned in an instrmnent recorded in
Official Record Book 1149, Page 1539; and as amended, of the Public Records of Collier County, Florida,
which provides for a private charge assessment
16. Articles of Incorporation of Oak FORSt Villas 'Homeowners Association recorded in Official Record Book 1149, Page 1558
and By-Laws as recorded in Official Record Book 1149, Page 1565, of the Public Records of Collier County, Florida.
17. Covenants, Conditions, Restrictions, Easements and all other matters, as contained in an instrmnent recorded in
Deed Book 39, Page 195, and as amended, of tile Public Records of Collier County, Florida. (Only for Lot 118)
18. The improvements located on said land consists of a mobile home. So long as said mobile bome retains its characteristic IS
pen;onal property, this binder/policy does not insure the mobile home located on the property as described in Schedule. A.,
but explicitly excludes such pen;ona1 property from the coverage hereof. In the event, as of the date hcreo( said mobIle
hame is 10 affixed to said land as to be part of the realty under the teons of this binderlpolicy and lmdcr thelaWll of the State
of Florida, this bindcrlpolicy does insure the mobile home as part of the land and improvements. The burden of proof to
establish that such mobile home is a fixture shaI] be on the inswcd hereunder.
19. Eoscmcnt granted to Florida Power and Light 'tor Utility pwposes, as recorded in Official ~cords Book 990, Page 1093, of
the Public Records of Collier County, Florida.
Rq. D toll Rev. 01-05 .. n.. CommltmtDt II Dot valid uldcu Stbedule A. Scbedule B Seetio.wlslld Schedule B Sedlo....u art 'ad.ded."
STEWART TITLE
GUARANTY COMPANY
Agenda Item No. 15E4
April 14, 2009
Page 23 of 30
CONDITIONS AND STIPULATIONS
I. The tcnn mortgage, wben used herein, shall include deed of trust, trust deed, or other security instrument
2. If the propooed Insured has or acquires actual knowledge of any defect, lien, enClllllbrance, adverse
claim or other matter affecting the _ or interest or mortgage thereon covered by this Commitment
other than those mown in Schcdu1e B hereof, and shall fail to disclose such knowledge to the Compony in
writing, the Company shall be relieved from liability for my loss or damage resulting from ony act of
reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the
proposed Insured shall disclose such knowledge to the Company, or If the Compony otherwil;e acquires
actual knowledge of any such defect, Ii"", encumbrance, adverse claim or other matter, the Compony at its
option may emend Schedule B of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pUIlluant to parograph 3 of these ConditiODll and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties Included under the definition of Insured In the fonn of policy or policies committed for and only
for actual loss incurred in reliance h....on in undertaking in good faith (a) to comply with the
requirements hereof, or (b) to eliminate exceptiODll shown in Schedule B, or (c) to acquire or create the
estate or interest or mortgage th....on covered by this Commitment In no event shall such liability exceed
the amount stated In Schedule A for the policy or policies committed for and such liability is subject to the
insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the fonn of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference
and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage
thereon covered by this Commitment must be based on and are suhject to the provisions of this Commitment
STEWART TITLE
GUARANTY COMPANY
All notices required to be given the Company and ony statement in writing required to be furnished the Company
shall be addressed to it at p, O. Box 2029,. Houston, Texas 772S2, ond identify this commitment by its printed
COMMITMENT SERIAL NUMBER which oppean on the bottom of the front of the first page of this
commitment.
-----------.--T-'---...
Search Results
Agendallilge IIJw1.l3E4
April 14, 2009
Page 24 of 30
Collier County Tax Collector
3301 Tamlaml Trail East
Naples, FL 34112-4997
2008 Tax Roll Inquiry System
OWNER INFORMATION PROPERTY INFORMATION
Nomo: IIlAIITn. JEAN CLAUDe !'or.ol:II"'_O~ lr A.ro:U.l'
Addross:.~IIOKAIIINDII ~~KAIIINDII NAI'LU III.~.
Address: I ~~TCL'N022~5025
Address: I LoIiOf: COIIII AT NI CNII OF LOT 100. W
I Address:U Local: 420fT 1tl1'Oll, S 131fT. .
Addross:IlNAPLII,'L 34112.7)15 ! ~ 5OPT. N 13.PT. W lOfT 1tlI'OB
VALUElEXEIVIPTIONS TAX INFORMATION PAY TERMS I"AYMENTINFO
IIl1ko! VoIuo: 58,"0 Countv: mE,04 Nov: 0....41 !'old III : ~IOOOO
T..oblo VoIuo: 58,"0 Sc:hoollt: 52.14 Do.: 07",0 II-I: ==
IIUI- Codo: Io~ "hoollo.: 34.34 Jon: 0".51 ~p
Homeslod 1!x:1E::J I CUy Tox:llo.oo I I Fob:1 0'7.n ~~.OO
Ag~cItr I!x:llo I I Dopon":IH~I.53 I 11..:1 lG1.71 I Mort:l~
Wldowl!x:lE::J I W"0r:I2I.l0 I Apr' I 0 ~l~
Blind 1><:110 I I Indopond:l~ I May:I~O I INFO.
D1ubIOd:lE:J VolOl" A~r: ~ I Now Du':1~0IU7 I on Ad Yo: IV
I I Instillment: IN
Vet".., I!x:UO I ~ GrOll Tax: 1101.71 Pay Current Taxes Online
10 . I Dot.rrod:1 N
Wholy 1!x:1 I I Apprl..:I~o I I'!!!P."". _: -~:iIN
C1vlllonl><:1I0 I I AcMrtlolng:IIo.DD I Iii . TDA:.I0
I COMMENTS I
I" Non Ad Valorem Amount Included In Gross Tax I
I Non Ad Valorem Authorities I
NON AD VALOREM INFORMAll0N
ITypo IlAuth. IlAuth Nomo 111'01" llAma.... I
IEAST/IOUTH NAPLIS S!!WEII II10DS IlEAST/lKlUTH NAPLElI aEWEII IIAMTFI 11200.73 I
IGAIlIlAGE 119013 IIGAIIBAGE IIIllSTl 11171.74 I
I EXTRA LEGAL INFORMAll0N I
IAKA LOT 1f 0111107 PG 17~5 I
I CERllFICATE INFORMAll0N I
ITax Vear IISplu 1m3 Dat,lnued tiPoId Dolo 1~~IIt. HroA IlAmo"" PoId I
12007 108158-08 OS/2112OGI 1100/00/00 I~IC:J 010.00
I~-: t711.17
.-
Certlftc.hs must b, plld with ~h. CIIshlers eMck or monw ord.~'-
Amounl duo Ihru: 815.17
MAIICH, 2O0ll
CommWlt:
.. Certificates mus:t b. paid lMth cas:h. eashl8f~ check or monty orcl.r.
http://colliertax.com/search/view.php?ID= ] 9 5599&page= ] &tc= I &tax "j'ear=2008
2/18/2009
Search Results
Agenda hg\;r-fCQfI (!E4
April 14, 2009
Page 25 of 30
OWNER INFORMATION II PROPERTY INFORMATION I
NIII1O: IICOLLlER CNTY I Po,c.:11518403Z000Z II Acro:IOI:::]
Addr.ss:lI% OPPICE OP COLLlEft CNTY A TTY ~13155 KAftEN DII NAPLES IlIaD~ I
Addr"s:1I3301 TAMIAMI TIlL E ~INo+TCL F N02 23 50Z5LT I
Addr"s:IIHAftMON lUftNEft IlLDG ITH PL I L.gal:1I15 OF UNftEC TAftPONMOIl HOMES I
Addr"s:1I ~IDESC AS FOLL:COUM NE CNft L T I
Addr"s:IINAPLES, PL 3411Z- I ~ll00. W4Z0PTTO POI, WSOPT, I
VALUE/EXEMPTIONS TAX INFORMATION I PAY TERMS I PAYMENT INFO I
Morkol valuo:lI5s,Ho I county:lI.oo I Nov: I~ 12.70 Pold Dt :110010010000
TlIXobl. VoIuo: 110 I "hool.:II.o I _:I~N.71 ftocpt:11o
MAlogo codo:1163 I Schoolloc: 11.0 Jon: 1~!16. 72 Moch:11o
Horn"lod Ex: 110 I ClIy Tox:llo.oo F.b:I~I8.7Z Poymt:llo.oo
Agrlell' Ex:11o I D.p....cI:llo.oo Mor: 11200.73 Mort:11o
Widow Ex:llo Wotor:IID.oo Apr:I~o STATUS INFO. I
I Blind Ex: 110 In~pond:llo.oo Moy:l~o I
I D1sobl'd:l~ Volor Appr:llo.oo I Now Du.:1I198.72 I Non Ad Vo:lIY
Instollmont: IIN
I Voloron Ex: 110 1 II- Gross T.x:1I2OO.73 I ~.t:un.lllLTa.><otlln
I WI.ly Ex: 1155860 I App'loo:lI.o I D.'or'od:IIN
E.. Bonkrupt:IIN
I Clvlllon Ex:I~ Advortlllng:llo.oo I TOA:llo
Collier County Tax Collector
3301 Tamiami Trail East
Naples, FL 34112-4997
2008 Tax Roll Inquiry System
.
I COMMENTS I
I" Non Ad Valorem Amounllncluded In Gross Tax I
I Non Ad Valorem Authorl!i@s I
I NON AD VALOREM INFORMAnON I
ITypo IIAt.fh. IlAuth N_ lip" lI""'"unl I
lEAST/SOUTH NAPLES SEWER 119006 "EAST/SOUTH NAPLES SEWEft liAMTfl 11200.73 I
1 EXTRA LEGAL INFORMAll0N
ISI39FT, E50FT, N13IFTTO POB OR 1588 PO ZIIt
I CERllFICATE INFORMA1l0N
ITax V'lIr II!E!DICort. . 1I0Jlttlssu'd liPoid Dot. 11ft.. # 1~ISts IlTOA IlAmo..,' PoId
121107 1L]11153-l18 1105/2112008 1100100100 I~L:J Dlo.oo
j....,.,ount.\,I.....u: Ip"""
F.ltUAftV.2OOI
I llfe.rttfte." must b. paid with cash. clshl.... eMck or mon.y ord....)
lA-mount due thru: 111430.94
MAftCH, 21109
IComment: I
I . Certificates must be paid Ydth cash, cashiers check or money order. I
[ New Search ]
http://colliertax.com/search'view.php?ID= 195621&page= I &tc= 1&tax3ear=2008
2/18/2009
Agenda Item No.I1~1 of2
April 14, 20tr9
Page 26 of 30
ESTOPPEL DETAILS
Utility Billing and Customer Service
._._.______.__~____._,_.,._""_....._.._._._._H.._.._._._..'_.'__H_'__._~__.'_'"'___'__.__.'___.__"_____'.""H_._._._....,.___......,.___,.._......__...."'."..__.__.....
Disclaimer: This document is not an official record and has been prepared at the request of the recipient. The
Utility Billing and Customer SeroJice Department of Collier County, Florida and its employee disclaim any liability
for any errars in .the information prO\lided herein and do not warrant the accuracy af this information. To assure
accuracy, you should have an independent search prepared by a qualified abstract or title company or an
attorney at law The delinquent records of Collier County are open for inspection by anyone desiring to perform a
search.
Owner Name: COLLIER CNTY
Address: KAREN.
City. NAPLES
Site Zip: 34112-7364
FOLIO#. 61840320002
Requested Date: 03104/2009
Assessment (non ad-valorem)
Account Number Account Name Payoff Amount Payoff Good Through Due on the Tax Bill
51000-379401 East & South Sewer Dist 1/ $33468 03/31/2009 $200.73
Check with the Tax Collector's office for full tax amount due. (239) 732-5660 (FLORIDA
STATUES PROHIDlTS ACCEPTANCE OF PARTIAL PAYMENTS)
Other Assessments
Account Number Account Name
34254-907310 Karen Dive Pavingl81
Payoff Amount
$0.00
Payoff Good Through
Solid Waste Mandatory Garbage Collection (Assessments 1991-19%)
Account Number
N/A
Account Name
N/A
Payoff Amount
N/A
Payoff Good Through
N/A
Year
N/A
Water/Sewer Bills
Please be aware that the fmal bill may not be calculated yet You must contact Customer
Service at (239) 403-2380
Account Num ber
06302637100
Amount Due
$0.00
Last Read Meter Date
Financed Impact Fees
Must be paid in full at time of closing. The impact fee is not asswnable
Amount Due Payoff Good Through
$0 00 03/2312009
Make checks payable to: Board of County Commissioners
Mail payments to:
Collier County Utility Billing and Customer Service
Attention: Special Assessments
4420 Mercantile Avenue
Naples, FL 34104
LOT CLEARING ASSESSMENTS (Please mail separate checks!)
FOR ANY QUESTION YOU MUST CONTACT CODE ENFORCEMENT
DEPT.
@(239)403-2440
Account Number Account Name Payoff Amount Payoff Good Through
N/A NlA N/A N/A
N/A
http://apps.colliergov .neVsal estoppels/web/pmestoppelsdetails.cfm
3/4/2009
Agenda Item NO.~l of2
April14~ 20'09
Page 27 of 30
ESTOPPEL DETAILS
Utility Billing and Customer Service
."."."'--,-.--._.".._....._.,............._._._..._........,_..._....."..."__..".....".........__.__.__..._....___...__......,""......_...._.___.".__..._.._.."._.__H._._..____..........__....._......_....,....______
Disclaimer: This document is not an official record and has been prepared atthe request of the recipient. The
Utilrry Billing and Customer Service Department of Collier County, Florida and its employee disclaim any liability
for any errors m the Information prO\fided herein and do not vvarrant the accuracy of this Information. To assure
accuracy, you should have an independent search prepared by a qualified abstract or title company or an
attorney at law. The delinquent records of Collier County are open for inspection by anyone desiring to perform a
search
Owner Name: COLLIER CNTY
Address: KAREN,
City: NAPLES
Site Zip: 34112-7364
FOLIO#. 61B39440003
Req uested Date: 0310412009
Assessment (non ad-valorem)
Account Number Account Name Payoff Amount Payoff Good Through Due on the Tax Bill
51000.378350 East & South Sewer Dist 1/ $334.68 03/3112009 $200.73
Check with the Tax Collector's office for full tax amount due. (239) 732-5660 (FLORIDA
STATUES PROHIBITS ACCEPTANCE OF PARTIAL PAYMENTS)
Other Assessments
Account Number
N/A
Account Name
N/A
Payoff Amount
N/A
Payoff Good Through
N/A
NIA
Solid Waste Mandatory Garbage Collection (Assessments 1991-1996)
Account Number
N/A
Account Nam e
N/A
Payoff Amount
N/A
Payoff Good Through
N/A
Year
NlA
WaterlSewer Bills
Please be aware that the fmal bill may not be calculated yet. You must contact
Customer Service at (239) 403-2380
Account Number Amount Due Last Read Meter Date
N/A NIA N/A
N/A NlA
Financed Impact Fees
Must be paid in full at time of closing. The impact fee is not asswnable
Amount Due Payoff Good Through
N/A N/A
N/A N/A N/A
Make checks payable to: Board of County Commissioners
Mall payments to:
Collier County Utility Billing and Customer Service
Attention: Special Assessments
4420 Mercantile Avenue
Naples, FL 34104
LOT CLEARING ASSESSMENTS (Please mail separate checks!)
FOR ANY QUESTION YOU MUST CONTACT CODE ENFORCEMENT
DEPT.
@ (239) 403-2440
Account Number Account Name Payoff Amount Payoff Good Through
N/A N/A N/A N/A
N/A
http://apps.colliergov .neVsalestoppels/web/pmestoppelsdetails.cfm
3/4/2009
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SKETCH OF BOUNDARY SURVEY SLRVeY_
fIItotJMW~
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~- ~ MI'UIIWIwl:
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BENCHMARK
LAND SERVICES INC.
'6ftJ~. c......... WfI~ T.c.-..unr
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.....14 .........,........10..",.,01........ ...I.IO"UftIC7"MrIt r"I1D~"'" S. ..........tID.tJD*-l.
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VACANT
<!P
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ROWE' Im03
rc.v.a
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6O.WM, ~~~:-:- (g)
N.~fs'k02 KAREN DRIVE
T.B.'" t:LEv: . (IMPROVED) f
4.71'
. . -
=-~........=:,-=="'--=-:::-___..~IIJ!'!!!!.."'-- ...
==-,,=--:r::::=~=-~___-.!._ I"aftM:I5IJ2 S&dIIL"GI 1ftf!l:JO'''
____.._.u__.._f:___......... .hMwDfllk f'/1T11lO1M ~-=-'lU!
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:=--::.;......--=--._____.._ __~'...1,....~:Ac..Io....,.m.fJIN.......
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===--=-'T'I'-"!I!!.,."=7.-.::::.-:--.......... ~ .. \of" /~ ,
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--,-. - '...._-- , ..~.~
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q......",..- .,
=~ tt ~!1ilU W ---I:,-=-- W.M...-......
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::-==:::= ~ =~~ = =:..... :: ==
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-- ....-r~1 ,.~___.. ..
Agenda Item No. 16E4
April 14, 2009
Page 29 of 30
ESTOPPEL DETAILS
Utility Billing and Customer" Service
Disclaimer: HlIs dOCll',.ent '5 not an officl?!1 record and IViS f~,cen prerared at the request of the recipient The Utility
Billing ann Customer Service Derartnwllt of CC,!lit!" Coullly. Fluflda and its employee disclaim any liability for any
errors in the information proVrd(:d 11elT-:.'!!1 and do I',ot 'Narr'lnt the accuracy of this Information. To assure accuracy. you
should have an Independent search r".re!=.?Jred by a ql t;:M:ed abstract or title company or an attorney at law. The
delinquent records of Collier (":lLJ:-~\'Y 2.I'e (iw~n fef IIl~r('c:tlon by anyone desinng to perform a search
" ri':'~ t;J(~II"" :>;1 i_ ER CNT\{
;"':1\,lf>'<:;-:.._ K,''..UFr<J,
'!1., i.! ,\ ,-)~, F S
oil;' / ' . ' . 1 l.~ i~) i, ~
r'-{ :(.:!' ';'lS.~03~:!~i'J\:!
RC'I,,(-';;;ft:'! D-:.dL' !J)'~'( '2r:,,~
Assessment (non ad-valorem)
/f}'f'~'~?:;"::t.t.;:,;:-,\:';~:xl ~,':::';: c,~,;"
~~~:~:~.:;:_i ~:\_:;~~:: _~ 'it.';';":' :,5 'i~T:'_:,r'\_DEii,'~_~;
51000,:79401 East &. South SevJer [i",;t 1/ 5:,3<1 r~,8 03/31/2009 520073
~-M,~i~.;"t;i:\if{1j.'k,j'if'l.tt~i:~~j'JJi;,,~_'~~
Check with the Tax Collector's office for full tax amount due. (239) 732-5660 (FLORIDA
STATUES PROHIBITS ACCEPTANCE OF PARTIAL PAYMENTS)
Other Assessments
;~.~~~~~!~'l_~,' ~~'':\~~~~ t'.~'_ "
'f"""
'~"'-'-':~ii ~.:'i~,.:. ~.::,,)i._,'i:~,.t"i1~ ~'~:\'l?:!A~~~.i!11ii;m~_l'.M
SD 00
:';4(':'\4-CJ0731Q
Karen D ", fJcj.,!n<j';31
~f
-- . - - - " . '. --', ,jjO - ~'.
Solid Waste Mandatory Garbage Collection (Assessments 199] -] 996)
,R:..~_~:!~-w:llt':~:.;::. ~,~:_'::::, ,~; :;"~.
NiA N'-,';
-t~':: ,. . " KlU.Y;'~i:. ~ii".:n"'~T~f!.:~'.~:~!\tJ.:~~t5~ ~'t;'i-:~
NlA N/A N.lA
,
._Ilt"j'nr~
-
Water/Sewer Bills
Please be aware that the [mal bill may not be calculated yet. You must contact Customer
Service at (239) 403-2380
ilIl1l(.,r:!.1~;_;:.I;~."'c;~ fi~#_",',r'.I",~::~ iII-r ~~1.:;::::::E'1-. j
06Y)2637100
:';,C:,C',C"
Financed Impact Fees
Must be paid in full at time of closing. The impact fee is not assumable
't ~~",;rw1Jirl."~
$0 00 03/31/2009
"~_!;/~ "::_ >,~, - GoOd '
Agenda Item No. 16E4
April 14, 2009
Page 30 of 30
ESTOPPEL DETAILS
Utility Billing and Customer Service
Disclaimer: This document is not an oHiclal record and hAs been prepared at the request of the recipient The Utility
Billing and Customer Service Department of Collier County, Florida and its employee disclaim any liability for any
errors in the information provided herein and do not warrant the accuracy of this Information. To assure accuracy, you
should have an independent search prepared by a qualified abstract or title company or an attorney at law The
delinquent records of Collier Ccunty are open for Inspection by anyone desiring to perfonn a search.
Owner Name:
i1.cldress:
ell}:
S!t(. lip'
COl.LlER eNI Y
~\REN.
'P.PI.ES
-q 112 136.J
~Ot I(}:t' I) I lLV'..l,j('Q(J3
R~:'qll'~.:;k.d 0;1[1:': 0'2i?O'201J9
Assessment (non ad-valorem)
l" i~:t:~lj~i.~.t!;'~'i\"~~4:~~ ~~,,-Wt;((~~D:J.Gt:',~ f:/t';',i'tf.;
n
'j:,\'~;';~,J!J
51000-378350 East & Soutll Sewer Dist 11 $33468 03/31/2009 520073
~~~ii~~~~~~~~~.i~)~
Check with the Tax Collector's office for full tax amount due. (239) 732-5660 (FLORIDA
ST A TOES PROHIBITS ACCEPTANCE OF PARTIAL PAYMENTS)
Other Assessments
:lf~"~:~::'";,';-;''' 'I,' tl..? ~~~:'~f~ !Uf;,~.A"',~;1"iXt1. : ",~'i1-~~}f ~f~-~c
i.M,~:r~~'j,{~:';,>. ',,~. i:";:.:.~~'" '.V~
NiA
N/A
NiA
NiA
N.iA
~
Solid Waste Mandatory Garbage Collection (Assessments ]99]-]996)
"'ZM'ig~r'",,"'" 't':';\:"t""'" .....t~~:.' '1",~''''''' ~"" .r','", , ,'::.,,'::','''~ -'"",;"",",,;.; "I'::' ,";''''''''''''i'','
"~~.....,-_,l.,:~.I.l,.",_.",......~IQ!II..-,,,...~...,,...,".,,, ._u....1llA'!l ~..". " ~ '., ..> .1,\_,'''~l-.I.,\!''''r* ~.f.~f ._.<";.,,jt.,,-,,,.',,~,,,,,_~"'~"""~' .,.~,~1'lli.".,.,. tl
N.lA f\jiA N/A N/A N/A
~14'}~', , '"}' ''''
. "
Water/Sewer Bills
Please be aware that the fina1 bill may not be calculated yet. You must contact
Customer Service at (239) 403-2380
"'"~~1'J'1'i:;:-_~."1f' r Jr:f~ra!;':"~ ._'!rrc.t::j:",:r,Er:;~IJlliIII
hl,'A NiA N/A N,A N/A
Financed Impact Fees
Must be paid in full at time of closing. The impact fee is not asswnab]e
,1IL"p~~ ~"','fr&~"'~:'l ~fi.l
NIA NiA N/A NIA NiA
Make che(;~,s payable 10: Board of County Commissioners