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Brantley, Marvin - Case #04-015 - Satisfied SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of three thousand eight hundred dollars ($ 3.800.00 ) filed by and on behalf of the Code Enforcement Board, Okeechobee, Florida, on March 3 , 20 04 , and recorded in Book 525 , Page 262 , of the public records ofOkeechobee County, Florida against the following: Marvin W. Brantley, Case #04-015 House Boat docked in Taylor Creek. Has been satisfied by payment of amount of lien, on September 19 , 20.ll7....-, in that said payment has been received by the City of Okeechobee, and that the undersigned is authorized to and does hereby release its lien as to the whole of the above described property, and consents that the same be discharged of record. 1111111111111111111111111I1111111111111111111111111111111111 Chairperson FILE NUM 20070153~9 OR BK 00643 PG 0239 SHARON ROBERTSON~ CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY~ FL RECORDED 11/20/2007 10:04:10 AM RECORDING FEES 10.00 RECORDED BY G Mewbourn 1'3 022S r (1 P 3 ;1 CODE ENFORCEMENT BOARD OF THE CITY OF OKEECIjOB'~, FU DA 111 ~d(., ~ ATTEST: ~ 11- CAJh~~kA) Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE CITY OF OKEECHOBEE KIM BARNES MY COMMISSION # 00 313417 eXPIRES: April 25, 2008 ~ Thnl ~ PlIb/Io Undtlwrfflll Please return to: City of Okeecho ee, PERSONALLY appeared before me the undersigned authority, maUL \;bvl~ and So e Qt\ (1 S;~pNLr , well known to me and known by me to be the Chairman of e Board and Recording Secretary, respectively, of the CODE ENFORCEMENT BOARD, and acknowledged before me that they executed the foregoing instrument on behalf of the CODE ENFORCEMENT BOARD, as its true act and deed, and that they were duly authorized to do so. WITNESS my hand and official seal this \~ day of U O~I) ~ €x1~ Notary Public My Commission Expires: , 20 0'7. SE 300 Avenue, Okeechobee, FL 34974 ~ ~~ 111111111111 11111 11m 1/111 IWIII/IUIII/IIII/ 11111 11/1111/ f.ILE ~ 2004003810 OR BK 00525 PG 0262 DATE: 03/03/2004 02:57:1~ Ptl SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 15.00 RECORDED BY N Arnold CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 04-015 CITY OF OKEECHOBEE, Petitioner, -vs- Respondent. Marvin W. Brantley I ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board, City of Okeechobee, on February 10 , 2004 , after due notice to the respondent, and the Board having heard evidence on the alleged violation by witnesses or affidavit, the Board therefore makes the following findings: (check appropriate box) _ 1. That the respondent is granted an extension of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on ,20_ or as set by the Board, in which case respondent will receive ten (10) days prior notice of hearing. _ 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20_, and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. If the Board is not notified by said date, or if the corrections have not been made, the Board imposes a penalty of $ per day commencing on ,20_, and continuing until the corrections have been made to come into compliance with theCode. The fine may become thereafter a lien on the real and personal property as described in paragraph 4 herein. OR BK 00525 'PG 0263 X 3. That upon review of the evidence presented the Board issues the following: A. FINDINGS OF FACT: House boat (boat #2) is docked in Taylor Creek without consent of property owner. B. CONCLUSIONS OF LAW The boat described above located in Taylor Creek, Okeechobee, FL is in violation ofChp. 30 Sec. 30-38 Protection of Taylor Creek. C. ORDER: The Code Enforcement Board, City ofOkeechobee, has determined that you have violated the Code of Ordinances, Section 30-38 concerning your property located at Taylor Creek. Okeechobee. FL If you do not correct the violation by February 28.2004 , or notifY the Code Enforcement Officer of the correction, the Board imposes a fine of$ 50.00 per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a certified copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verifY such compliance. 4. The Board finds and orders in addition: '. OR BK OO~25 PG 0264 .. AGREED AND ORDERED this 10th day of February ,20~. CITY OF OKEECHOBEE, Petitioner Marvin W. Brantley Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida ~~ Code E orcement Officer ~::!:~ ATTEST: ~~ Recording Secretary SWORN TO AND SUBSCRIBED before me this ~ ;1 /0' . . day of fJiMJ..dJ II; 20ft. ~~Y~L~/1~ My Commission expires ~ NancySue~ ,".* Mt ComrniulonCCl27C ..~ Ellp/res AprH 13, _ 76- d a_4,ovvda,tiAilifftco -i-i0a.rz (80,_cd- oy - o "' —, P,w --- -Aotk - e 4 0` I d --- 90 (Jou/ (,t)a p oci ends 6/a`i/oti. i 12moved aE, C 51316L. ck'n e (rr IruA --cin olow 0 1 ✓'U. q*/ c;.2_ reb 3 l -March 76- d a_4,ovvda,tiAilifftco Code Violation Report Date: t " �c� Q 5� Number: 014' r Name: NA ViA) I .1, gRiM TLE f Phone: Location: /A yZe-k C.,REEk — Ciry Uht Address: Ra 80K /O I CCK 6 FREE, - L 3 ezi.g.7 51 Lot(s): Block: Section: Parcel # '/t/n - Disabled Vehicles Untended Vegetation General Cleaning Abandoned Property/Vehicles -WC- 30 -- 7/347t. CP Public Nuisance O f' Le: -Aid a it)m .re", Other: 80,1-7 , . S a G P. dzxi ,, Notice of Violation: mailed: thtna \i'zij Received: / cio y Reinspected: Status: n c5-1-- m Reinspected: Status: Reinspected: 6 13 Status: m L P4' Notice of Hearing: Mailedi-IAnd evv.A Received: d6/6 Reinspected: Status: Compliance Date: 5 /3 1) Code Enforcement Board Action: City of Okeechobee CODE ENFORCEMENT BOARD NOTICE OF VIOLATION 1/28/2004 MARVIN W. BRANTLEY P.O. BOX 1051 OKEECHOBEE, FL 34973 RE: BOAT DOCKED IN TAYLOR CREEK PARCEL # A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: TAYLOR CREEK NATURE OF VIOLATION: Ch. 30 Sec 30-38 Protection of Taylor Creek CORRECTIVE ACTION REQUIRED: REMOVE HOUSE BOAT (BOAT #2) FROM TAYLOR CREEK THAT IS DOCKED WITHOUT CONSENT OF LANDOWNER The corrective action outlined should be taken within five (5) working days from the date of receipt of this letter and the Code Enforcement Officer contacted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board at their next scheduled meeting. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the board meeting. If you have any questions regarding this notice, please contact me at 863-357-1971. Sincerely, Tf✓c GCTCi'C� Sammy Hancock Code Enforcement Officer 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeechobee CASE # 04-014, # 04-016, 4-017, # 04-018, #04-019 # 04-020 Marvin W. Brantley PO Box 1051 Okeechobee, FL 34973 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. Witness Date gifetw‘l/A'At Received by 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CITY OF OKEECHOBEE Petitioner, -vs- CASE NO. 04-015 Respondent. MARVIN W. BRANTLEY / STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162, & section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Inspector, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Ch. 30 Sec 30-38 Protection of Taylor Creek 2. Location/address where violation exists: TAYLOR CREEK 3. Name and address of owner/person in charge of location where violation exists: MARVIN W. BRANTLEY ; P.O. BOX 1051; OKEECHOBEE, FL 34973 4. Description of violation: REMOVE HOUSE BOAT (BOAT #2) FROM TAYLOR CREEK THAT IS DOCKED WITHOUT CONSENT OF LANDOWNER 5. Date violation first observed: 1/28/2004 6. Date on/by which violation to be corrected: 2/10/2004 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector at 863-357-1971 to verify compliance, NOTICE IS HEREBY GIVEN that the alleged violation(s) will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 10th day of February , 2004 , at 7:00 p.m. If the violation is corrected and then recurs, the case shall be presented to the CODE ENFORCEMENT BOARD even if the violation has been corrected prior to the BOARD hearing. You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, shall make findings of fact as are supported by the evidence, and shall issue appropriate orders as necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent (s). It is your obligation to insure that an accurate record of the proceedings is taken for an appeal. DATED THIS �day of rru c� 4 , 2004. l CODE ENFORCEMENT BOARD 55 SE Third Avenue Okeechobee, Florida 34974 Phone: (863) 357-1971 Signature of Code Inspector Keith Tomey Typed/printed name of Code Inspector Citi of Okeechobee CASE # 04-014 04-016, 4-017, 04-118,04-119, 04-020 Marvin Brantley 1811 S. Parrott Avenue Okeechobee. FL 34974 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. Date Received by 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CITY OF OKEECHOBEE Petitioner, -vs- CASE NO. 04-00015 Respondent. MARVIN W. BRANTLEY STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162, & section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Inspector, being first duly swom, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Ch. 30 Sec 30-38 Protection of Taylor Creek 2. Location/address where violation exists: TAYLOR CREEK 3. Name and address of owner/person in charge of location where violation exists: MARVIN W. BRANTLEY; P.O. BOX 1051 OKEECHOBEE, FL 34973 4. Description of violation: REMOVE HOUSE BOAT (BOAT #2) FROM TAYLOR CREEK THAT IS DOCKED WITHOUT CONSENT OF LANDOWNER 5. Date violation first observed: 1/28/2004 6. Date by which violation is to be corrected: 5/28/2004 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector at 863-357-1971 to verify compliance, NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 8th day of June , 2004 , at 7:00 p.m. If the violation is corrected and then recurs, the case shall be presented to the CODE ENFORCEMENT BOARD even if the violation has been corrected prior to the BOARD hearing, You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, shall make findings of fact as are supported by the evidence, and shall issue appropriate orders as necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure that an accurate record of the proceedings is taken for an appeal. Afel DATED THIS day of St/Li) , 2004 CODE ENFORCEMENT BOARD 55 SE Third Avenue Okeechobee, Florida 34974 Phone: (863) 357-1971 Sammy Hancock Code Enforcment Officer City of Okeechobee CASE # 04-015 & # 04-016 Marvin W. Brantley 1811 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. Date Recipient ignatu Printed Name 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeechobee CASE # 04-014, um 04-016, 04-017, 04-118, 04-119, 04-020 Marvin Brantley 1811 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. .2-77-0 9 Date Witness: 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeechobee CASE # 04-015 Marvin W. Brantley 1811 S. Parrott Avenue Okeechobee, FL 34974 I hereby certify of receipt hand delivered by the City of Okeechobee Code Enforcement Officer. Date Recipients Signature Printed Name 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 IN 1nC l 1Kl U11 I.VUK'1' Ur lriri NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 2004 -CA -309 JOHN R. COOK, City Attorney ex.rel. CITY OF OKEECHOBEE, FLORIDA; and CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the State of Florida, Plaintiff, vs. MARVIN W. BRANTLEY, et.al. Defendants. MOTION FOR DEFAULT COMES NOW the Plaintiff, JOHN R. COOK, City Attorney, ex.rel. CITY OF OKEECHOBEE, FLORIDA; ;AND CITY OF OKEECHOBEE, FLORIDA, a municipal corporation, by and through the undersigned attorney, and move for the entry of a default by the clerk against the Defendant, MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY, for failure to file any pleading required by law after service of petition in this action. I HEREBY CERTIFY a true copy hereof is furnished by US Mail this day of March, 2005 to Marvin W. Brantley, 1609 S. Parrott Ave. Okeechobee Fl. 34972 6a? JOHN R. COOK Attorney for Plaintiff -805 SW PARK STREET Okeechobee, FL 34972 (863) 4&7-0297 Fla. Bar No. 262951 IN THE CIRCUIT COURT Ur' NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 2004 -CA -309 JOHN R. COOK, City Attorney ex.rel. CITY OF OKEECHOBEE, FLORIDA; and CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the State of Florida, Plaintiff, vs. MARVIN W. BRANTLEY, et.al. Defendants. DE FAULT UPON application of the plaintiff for entry of a default in this cause against defendant MARVIN W. BRANTLEY, and upon the failure of said defendant to file any answer to the complaint herein after due service of the summons issued in this cause within 20 days of such service, accordingly, a default is entered against defendant MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY for failure to file responsive pleadings. ENTERED this day of March, 2005. SHARON ROBERTSON Clerk of Court BY: D.C. SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA 304 NORTHWEST 2ND STREET, ROOM 101 OKEECHOBEE, FL 34972 863.763.0239 DATE:08/06/2004 TIME:02:51:43 PM RECEIPT:76773 CITY OF OKEECHOBEE ITEM -01 LN 02:51:43 PM FILE:2004014325 BK/PG:0539/0451 RECORDING FEE 18.50 Sub. Total 18.50 ITEM -02 LN 02:51:43 PM FILE:2004014326 BK/PG:0539/0453 RECORDING FEE 18.50 Sub. Total 18.50 ITEM -03 LN 02:51:43 PM FILE:2004014327 Ga q -C` RECORDING FEE 1111111111 Sub. Total ANIMP ITEM -04 LN 02:51:43 PM FILE:2004014328 BK/PG:0539/0457 RECORDING FEE 18.50 Sub. Total 18.50 AMOUNT DUE: PAID CASH: TOTAL PAID: REC BY:NIKI DEPUTY CLERK $74.00 $74.00 $74.00 SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA 304 NORTHWEST 2ND STREET, ROOM 101 OKEECHOBEE, FL 34972 863.763.0239 DATE:03/03/2004 TIME:02:57:14 PM RECEIPT:67300 CITY OF OKEECHOBEE ITEM -01 ORD 02:57:14 PM FILE:2004003809 BK/PG:0525/0259 RECORDING FEE 15.00 Sub. Total 15.00 111 ITEM -02 ORD 02:57:14 PM FILE:2004003810 BK/PG:0525/0262 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -03 ORD 02:57:14 PM FILE:2004003811 BK/PG:0525/0265 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -04 ORD 02:57:14 PM FILE:2004003812 BK/PG:0525/0268 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -05 ORD 02:57:14 PM FILE:2004003813 BK/PG:0525/0271 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -06 ORD 02:57:14 PM FILE:2004003814 BK/PG:0525/0274 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -07 ORD 02:57:14 PM FILE:2004003815 BK/PG:0525/0277 RECORDING FEE 15.00 Sub. Total 15.00 ITEM -08 SAT 02:57:14 PM FILE:2004003816 BK/PG:0525/0280 RECORDING FEE 6.00 Sub. Total 6.00 ITEM -09 ORD 02:57:14 PM FILE:2004003817 BK/PG:0525/0281 RECORDING FEE 10.50 Sub. Total 10.50 AMOUNT DUE: $121.50 PAID CHECK: $121.50 Check #:012758 TOTAL PAID: $121.50 REC BV:NIKI DEPUTY CLERK $121.50 SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA 312 NORTHWEST 3RD STREET, SUITE 155 OKEECHOBEE, FL 34972 863.763.0239 DATE:11/20/2007 TIME:10:04:10 AM RECEIPT:138150 CITY OF OKEECHOBEE ITEM -01 SAT 10:04:10 AM FILE:2007015388 BK/PG:0643/0238 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -02 SAT 10:04:10 AM FILE:2007015389 BK/PG:0643/0239 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -03 SAT 10:04:10 AM FILE:2007015390 BK/PG:0643/0240 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -04 SAT 10:04:10 AM FILE:2007015391 BK/PG:0643/0241 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -05 SAT 10:04:10 AM FILE:2007015392 BK/PG:0643/0242 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -06 SAT 10:04:10 AM FILE:2007015393 BK/PG:0643/0243 RECORDING FEE 10.00 Sub. Total 10.00 ITEM -07 SAT 10:04:10 AM FILE:2007015394 BK/PG:0643/0244 RECORDING FEE 10.00 POSTAGE 0.50 Sub. Total 10.50 AMOUNT DUE: $70.50 PAID CASH: $100.00 CASH RETURNED: $29.50 TOTAL PAID: $70.50 REC BY:GAIL DEPUTY CLERK www.clerk.co.okeechobee.fl.us IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2004 -CA -309 JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA; & CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the state of Florida. Plaintiffs, —vs— MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY; BANK OF AMERICA N.A. as successor in interest to BARNETT BANK LAKE OKEECHOBEE; JOSEPH D. FARISH LLC; BESSIE 0. BRANTLEY; MARY ELIZABETH DRYDEN; RAY WAKE; VERONICA WAKE; BIG LAKE NATIONAL BANK; and all unknown or undiscovered heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants, whether alive or deceased. Defendants. FINAL JUDGMENT/STIPULATION OF PARTIES THIS CAUSE came on to be heard this !$Iday ofupon the submission of the parties their s3pulation i corporated hereinafter for a complete settlement of all issues raised in this cause, and the court upon review of same, and being otherwise fully advised, it is: ORDERED AND ADJUDGED as follows: 1. THAT the court enters final judgment in favor of the Plaintiff, in this action, JOHN R. COOK ex.rel. CITY OF OKEECHOBEE, FLORIDA, AND THE CITY OF OKEECHOBEE, FLORIDA, and against the Defendant MARVIN W. BRANTLEY, a/k/a MARVIN BRANTLEY, and incorporates the following agreements, stipulations, findings and conclusions of law as included in, and enforceable as, the terms of this final judgment. 2. THAT the Plaintiff(s), JOHN R. COOK ex.rel CITY OF OKEECHOBEE; & CITY OF OKEECHOBEE, FLORIDA„ and defendant MARVIN BRANTLEY, pro se, enter into this stipulation and final judgment for complete settlement of the issues raised and as appears from the pleadings, affidavits, and exhibits filed in this action, and/or attached hereto. 3. THIS action sought in count I to foreclose a chapter 162 code enforcement lien assessed against real property consisting of a parcel of land situated in Okeechobee County, Florida, brought by the Plaintiff(s) as the owners and holders of the lien sought to be foreclosed; and for the entry in count II of a declaration of public nuisance against defendant Brantley and other relief. 4. THAT as part of this judgment, Plaintiff will file a voluntary dismissal of the action without prejudice as to remaining defendants BANK OF AMERICA N.A.; JOSEPH D. FARISH LLC; & BIG LAKE NATIONAL BANK. 5. THAT the parties represent to the court by this executed settlement and final judgment that each has had the opportunity to discuss the terms and nature of the settlement with counsel of choice; enter into this stipulation freely and voluntarily; and believe the terms of settlement are in the best interest of the respective party. 6. THAT the established general facts supporting this final judgment include: (a) The real property subject to this action is currently owned of record by the Defendant(s) MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY. Said defendant(s) acquired title by way of warranty deed found at OR Book 446 page 944; OR Book 446 page 996; OR Book 446 page 984, public records Okeechobee county, Florida. (b) That on or about February 10, 2004, the Defendant(s) were cited for code violations in the city of Okeechobee by Plaintiff (s) or their assignee/designated citizen board under the provisions of chapter 162, Florida Statutes, which various violations were reduced to civil liens against defendant and filed in the public records, Okeechobee county, Florida. © That the real property owned by defendant Brantley and hereafter more particularly described, constitutes a public nuisance as a matter of law under the provisions of Florida Statutes 823.05 and applicable city ordinances of the City of Okeechobee, Florida. (d) That the Defendant(s), MARVIN W. BRANTLEY a/k/a MARVIN BRANTLEY was personally served with this action or served by publication; who failed to respond, and a default was duly entered thereon by the Clerk of Court, Okeechobee County, Florida for the relief sought in the complaint. (e) The Defendant Brantley has defaulted and/or failed to pay or satisfy the liens imposed by plaintiff prior to the filing of this action, which are liens recorded of record in Okeechobee county, Florida as of the date of entry of this final judgment. (f) The defendant Brantley has failed to abate the public nuisance existing on his real property subject to this action as of the date of entry of this final judgment. 7. That the real property subject to operation, effect and enforcement of this final judgment is as follows: a. Parcel i.d. 2 -28 -37 -35 -0A00 -00019-A000 described as: Beginning 200 feet south of the SE corner of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south along the east boundary of section 28 a distance of 361 feet more or less to the east boundary of Parrot Avenue (SR 15); then run north along the east boundary of SR 15 a distance of 15 feet; then run east a distance of 158 feet, then run north a distance of 85 feet; then run east a distance of 205 feet to the POB. b. Parcel i.d.# 2-28-37-35-0A00-00022-0000 described as: Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run south 157.50 feet; thence run west 226 feet; thence run south 157.50 feet; thence run east 226 feet to the POB; AND Beginning at the SE corner of the SE 1/4 of the NE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, and run. west 226 feet for POB; thence run west 135 feet; then run north 157.50 feet; thence run east 135 feet; thence run south 157.50 feet. to the POB. c. Parcel i.d. # 2-28-37-35-0A00-00018-0000 described as: Beginning at a point 300 feet south of the NE corner of the NE 1/4 of the SE 1/4 of the NE 1/4 of section 28, township 37 south range 35 east, run south a distance of 100.00 feet; thence run west a distance of 361 feet more or less to the east boundary of Parrot avenue (SR15); then run north along the east boundary of parrot avenue (SR15) a distance of 100.00 feet; then run east a distance of 361 feet more or less to the POB. 8. THAT the terms, conditions, and orders of this final judgment and stipulation thereon shall be divided into the two counts as pled in the initial complaint filed in this cause, and relief set out as follows: COUNT I 9. THAT all sums claimed as due and owing in count I, which represent existing code enforcement liens filed in the public records, shall be reduced to a final judgment against defendant MARVIN W. BRANTLEY, (excluding costs payable in paragraph 15 herein); and such liens thereafter remaining of record until satisfied by payment, but no longer accruing daily fines from and after the date of entry of this judgment. 10. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violations 04-014, 04- 015, & 04-016 in the totalsum of $11,900.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution issue. 11. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY on city code violation 04-017 in the total sum of $ 12,575.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 12. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-018 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 13. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-019 in the total sum of $ 11,675.00, which shall hereafter accrue interest at the rate allowed by law, and for which let execution and levy issue. 14. THAT judgment is entered for the plaintiff and against the defendant MARVIN W. BRANTLEY in city code violation 04-020 in the total sum of $ 10, 925.00 , which shall hereafter accrue interest as allowed by law, and for which let execution and levy issue. 15. THAT all attorneys fees and costs of court incurred by the plaintiff in this cause are awarded to plaintiff, in the following sums, which are agreed and stipulated by the parties: a. Court filing fees: b. Service of process: c. Attorneys fees: d. FedEx delivery: $ 255.00 $ 170.00 $2950.00 $ 13.50 Said sums payable on or before June 30, 2005 to the CITY OF OKEECHOBEE, FLORIDA, and for which let execution and levy issue. COUNT II 16. THAT the real property described in paragraph 7 herein is declared to be a public nuisance under the provisions of Florida Statutes 823.05, and abatement thereof is ordered under this count. Specifically, the court finds as to this count: a. That as to the described real property, a nuisance exists in the nature of placement of junk, creation of public safety issues and concerns, creation of environmental hazards, and failure to comply with applicable city of Okeechobee codes. b. That defendants use of said real property in injurious to the rights of others, including the plaintiff and all its citizens. c. That the court finds there is no adequate remedy at law for imposition of money damages. d. That the findings herein are made by clear and convincing evidence. e. That the relief following for this count is limited by the court as is reasonably necessary to abate the nuisance and grant relief to plaintiff, so as to not prevent the defendants lawful use of the real property that do comply with city codes. 17. THAT although current city codes prohibit the use of property within the city as a junkyard, the use by this defendant pre -dates the ordinance, and as such the real property of defendant is considered a permitted, but non -conforming use of such real property under city of Okeechobee codes, Therefore, such use is subject to valid city ordinances to control expansion, aesthetic purposes and public safety concerns at such property. 18. THAT the abatement of nuisance and performance of acts agreed by the parties and ordered by the court shall include: a. Defendant MARVIN W. BRANTLEY shall from and after the date of this judgment promptly conform to all applicable city codes and ordinances for the city of Okeechobee that pertain to the described real property, and shall correct deficiencies once notified in writing by the city of Okeechobee within ten (10) days of such notice; upon failure to do so, the City reserves the right to employ the enforcement provisions of the judgment as hereafter set forth. b. Defendant MARVIN W. BRANTLEY shall cause a fence, with permit issued by the city, to be erected along the entire westerly boundary of the subject property which faces SR 15, from the north to south boundary line of the properties, by a professional fence company, to a height of eight (8) feet, and made of an opaque material to prevent sight through the fence, be if of wood, chain link with slats, or other materials permitted and acceptable to the city under current codes. c. Defendant MARVIN W. BRANTLEY, his agents, employees, successors or assigns shall not place, permit, allow or otherwise cause any item, including but not limited to, items of junk, machinery, mechanical or marine parts or pieces, or farm implements or parts, or any other item along the entire westerly boundary of the subject property which faces SR 15, running from the north to south boundary lines thereof, from a point from the edge of the city sidewalk, to a point fifty (50') feet to the east of said sidewalk, and shall forthwith, within the time permitted by this order, remove any such item from the described area. The stated intent of the parties and this order, is that the described restricted area shall at no time contain any item for display, storage, or any other reason. Any customer parking along this western boundary of the property shall be configured in a manner so that no vehicle will back onto the city sidewalk or onto SR 15 to leave the premises d. Defendant MARVIN W. BRANTLEY shall create and maintain, traffic lanes on the subject property, a minimum thirty (30') feet in width, running from the west to the east, commencing at the east side of the afore described fence, which lane(s) shall continue from the fence to the eastern most boundary of the real property, including any portion located within unincorporated Okeechobee county, and additional lanes shall located along every 100' of width of the property from north to south. The lanes shall be constructed of packed earth material sufficient to support emergency vehicles for use by the city of Okeechobee, and shall. permit such vehicles to freely turn around through the use of a cul-de-sac or turn -around area as appropriate. e. Defendant MARVIN W. BRANTLEY shall at all times keep trash, plant growth and other items named in city codes to be kept clean and trimmed according to such codes. f. Defendant MARVIN W. BRANTLEY shall at all times prevent any substance or material from entering onto, or within the groundwater of the subject real property that would be considered an environmental hazard by the department of environmental protection for the state of Florida. g. Defendant MARVIN W. BRANTLEY shall not hereafter expand, enlarge or otherwise make more intense the use that presently exists on said real property. 19. That the specific acts to be performed by the defendant MARVIN W. BRANTLEY, except those considered on-going obligations, shall be completed no later than close of business on August 26, 2005. This time frame shall be of the essence and strictly construed. 20. The specific intent of the parties and as ordered by the court is that the court shall retain jurisdiction in this cause to enforce its terms and conditions as provided by Fla.Rule Civil Procedure 1.570 C as written or hereafter amended. The defendant is notified by this judgment that the enforcement powers of the court include: 1. If the acts required herein are not performed within the time specified by this order the plaintiff shall make an affidavit that this judgment has not been complied with within such prescribed time period, and the clerk of court shall issue a writ of attachment against the defendant MARVIN W. BRANTLEY. Said defendant shall not be released from the writ of attachment until he has complied with the judgment and paid all costs accruing because of failure to perform the act(s). If said defendant cannot be found, the plaintiff shall file an affidavit to this effect, and the court shall issue a writ of sequestration against defendant's property. The writ of sequestration shall not be dissolved until the defendant complies with this judgment. 2. The court, upon proper application of the plaintiff for defendants failure to act or perform, may hold the defendant in contempt of court, and upon a finding of such contempt, confine the defendant for up to 180 days county jail for each such violation. 3. The court may appoint a person not a party to this action, to perform the required act insofar as practicable. The performance of the act by the person so appointed shall have the same effect as if performed by the party against whom this judgement was entered. 4. That during any enforcement measures, defendant shall retain the right to present to the court any defenses he may claim, if a claim of violation hereof is filed by the city of Okeechobee. 21. That the court retains jurisdiction in this cause as indicated above to enforce its terms, issue writs and judgments for future costs and fees, and such other issues as raised by the order. THE UNDERSIGNED PARTIES TO THIS ACTION, CITY OF OKEECHOBEE, FLORIDA, AND DEFENDANT MARVIN W. BRANTLEY, HEREIN DO STIPULATE, AGREE AND CONSENT TO THE ENTRY OF THIS FINAL DECREE BY THE COURT AS STATED HEREIN, INCLUDING THE POWERS OF ENFORCEMENT RETAINED BY THE COURT, this 30 day of June, 2005. MARVIN W. B Attest: this La e Gamiotea CM OF OKEECHOBEE, FL. y: Mayor and order d in chambers in Okeechobee county, Florida day of J e, 2005. copies to: W4151. CIRCUIT UDGE 1. Bank of America CT Corporation System 1200 South Pine Island Road, Plantation, F1. 33324. 2. Joseph Farish LLC 316 Banyan Blvd. West Palm Beach, Florida 33401. 3. Big Lake National Bank 1409 S. Parrot Ave. Okeechobee, Florida 34972. 4. Marvin Brantley 1801 S. Parrot Ave. Okeechobee, Florida 34972. STATE OF FLOP,IDA OKEECHOBEE COUNTY THOS IS TOECT COP? AT THIS IS A OFT THE RE ^ORDS ON .L : IN MI::: I CEC�:.. SHA t� Cu �4 BY l; 1 '► D.C.