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MAY 16 1984 BOOK 57 PAGE 44 SETTLEMENT OF CODE ENFORCEMENT LIEN The Board reviewed the following memo: TO: Board of County CannissionersDATE: May 9, 1984 FILE: Settlement of Code En- forcement - Lien - SUBJECT: Case No. 83-12; Dick- son Trading Corp. & R.B. Smith FROM: Christo iter J. Paull REFERENCES: Assistant County Attorney The County Attorney's office, with the assistance of the Planning and Zoning Department has reached a tentative settlement of an on-going Code Enforcement Board case involving two adjacent property owners, Dickson Trading Corp., and Mr. K. B. Smith, related to a junk, trash, and debris violation on property located at the southeast corner of the intersection of 47th Street and 34th Avenue in Gifford. The Code Enforcement Board had imposed a fine and lien against both owners, however, shortly thereafter it was discovered that a serious title problem involving the affected properties would make enforcement and collection of the liens extremely difficult, if not impossible. The problem involves an encroachment by the hone of Mr. Smith and also by the County road onto and interlying parcel of property owned by Dickson which had been purchased at a tax sale some years back. Once this problem was identified, the parties net and have agreed to resolve both the zoning violation and the title problems as follows: 1. Dickson (an absentee owner) will convey a 50 foot x 200 foot parcel to Indian River County in exchange for release and satisfaction of the Code Enforcement Board fine by the County. 2. Upon acceptance of the Quit Claim Deed from Dickson, the County _ shall declare the south 25 feet thereof as surplus property and approve a conveyance of this surplus property to Mr. K. B. Smith, the owner of the property immediately to the south thereof. The north 25 feet of this parcel will be retained and is needed by the County for right of way for the existing street (47th Street). 3. Mr. K. B. Smith, who resides at this location, shall maintain both the existing property and the newly conveyed 25 foot strip in a manner which meets all of the County's zoning ordinances. By conveyance of this parcel to Mr. Smith, a serious title effect involving the location of his hone will be corrected, making any future proceedings by the County involving liens more enforceable. 4. The County will acknowledge satisfaction of liens against both Mr. Dickson and Mr. Smith and record appropriate releases. Requested Action It is requested that the Board give their approval to the above settlement tenns and direct the County Attorney's office to prepare and have recorded the necessary docanents to effect same. 44 J