Agenda 07/22/2008 Item #16K14Agenda Item No. 16K14
July 22. 2008
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a partial
release of lien in the Code Enforcement Action entitled Collier County v. Douglas
S. White, CEB No. 2004 -081, relating to homestead property located at 5750 141h
Avenue SW (aka 5750 Lancewood Way), in Collier County, Florida
OBJECTIVE: To obtain Board of County Commissioners' approval of a partial release
of a code enforcement lien in relation to homestead property located at 5750 14th
Avenue SW (aka 5750 Lancewood Way), in Collier County, Florida.
CONSIDERATIONS: This lien encumbers homestead property, and due to the
uncertainty in the case law relating to the validity of such liens, this partial release
is being presented to avoid potential lengthy and costly litigation.
The lien remains in full force and effect with respect to non - homestead real
property and any personal property owned by Mr. White.
FISCAL IMPACT: Because this is a partial release of lien which cannot be foreclosed
against homestead property, there is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and is
legally sufficient for Board action. -JW
RECOMMENDATION: That the Board of County Commissioners approve the partial
release of lien with respect to the homestead property of Douglas S. White, and
authorize the Chairman to sign the attached partial release of lien.
PREPARED BY: Jeff E. Wright
Assistant County Attorney
Page 1 of 1
Agenda Item No. 16K14
July 22, 2008
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K14
Item Summary:
Recommendation that the Board of County Commissioners approves a partial release of lien
in the Code Enforcement Action entitled
Collier County v. Douglas S. White, CEB No 2004-
081, relating to homestead property
located at 5750 14th Avenue SW (aka 5750 Lancewood
Way), in Collier County, Florida.
Meeting Date:
712212008 9:00.00 AM
Prepared By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/9/2008 4:10:16 PM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
71912008 4:34 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
711012008 10:50 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7, 11012008 11:26 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
7/10/2008 11:39 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Managers Office
7/10/2008 5:23 PM
file: / /C:AA Benda Test \F.xnnrt \1I1 -tiny %2(122. %702009 \t6o /'?0(- 1NRFNT"/70 A CFNF) AA 1 7 /15 /10f1R
;aenda If No. 1 -5 K14
July 22.. 2008
Page 3 of 3
This instrument prepared by
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Flonda 34104
(239) 213 -2939
PARTIAL RELEASE OF LIEN
This is to certify that the claim of lien ( "Lien ") arising out of the Code
Enforcement Board Order dated January 31, 2007, a certified copy of which was recorded
on February 5, 2007, in O.R. Book 4178, Pages 1521 -1522, of the Public Records of
Collier County, Florida, against all real and personal property located in Collier County,
owned by Douglas S. White, has been partially discharged, only with respect to the
following homestead property:
Address: 575014 1h Avenue SW (aka 5750 Lancewood Way)
Folio: 38340400002
Cost: n/a
Reference: CEB No. 2004 -081
The undersigned is authorized to and does hereby partially release this
Lien with respect to the above -named homestead property, and consents to this
Lien being discharged of record with respect to said homestead property. This
partial release does not operate to release any remaining real and personal property
of Douglas S. White, from the Lien or the terms therein.
Dated this day of
ATTEST:
DWIGHT E. BROCK, Clerk
0
, Deputy Clerk
Approved as to form and
legal sufficiency:
l I"1`� -•�
Jeff $. Jd✓right
Assis t County Attorney
11:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
In
TOM HENNING, CHAIRMAN