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Filing # 162160887 E-Filed 12/01/2022 10:15:12 AM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
VILLAGE CAPITAL & INVESTMENT,
LLC,
Plaintiff, CASE NO: 2021-CA-001620
Vv.
HARRY MARSHALL JR. A/K/A HARRY
EDWARD MARSHALL, JR.; GROVES AT
BAYTREE HOMEOWNERS
ASSOCIATION, INC.; UNKNOWN
TENANT IN POSSESSION OF THE
SUBJECT PROPERTY;
Defendants.
/
MOTION FOR DISBURSEMENT OF SURPLUS FUNDS
Interested party/subordinate lienholder, CITY OF TAVARES, a Florida municipal
corporation, hereinafter referred to as the “City”, by and through its undersigned counsel and
pursuant to Fla. Statute § 45.032, hereby moves the Court to disburse surplus funds to the City and
in support states as follows:
1 On or about May 26, 2022, a Final Judgment of Foreclosure [Dkt. No. 50] was
entered in this matter as to the following described real property (the “Property”):
LOT 279, GROVES AT BAYTREE, PHASE 4, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 59, PAGE(S) 80 THROUGH 83,
INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
Property Address: 4515 Caicos Drive, Tavares, Florida 32778
See Final Judgment at § 2.
2. Following the foreclosure sale in this matter, a Certificate of Title [Dkt. No. 74]
was issued to a third-party bidder, Nazarro Trust Assets, LLC on October 4, 2022.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 12/01/2022 10:26:49 AM
Village Capital & Investment, LLC v. Harry Marshall Jr., et al
Lake County Case No. 2021-CA-001620
Motion for Disbursement of Surplus Funds - Page 2 of 4
3 Per the Certificate of Disbursements dated November 16, 2022 [Dkt. No. 78], the
Clerk of Court is retaining surplus funds from the foreclosure sale in the amount of $ 18,232.82.
4 The Property is encumbered by a Utility Lien recorded on August 20, 2021, O.R.
Bk. 5776, Pg. 2391, in the Public Records of Lake County, Florida (the “Lien”). A true and correct
copy of the Utility Lien is attached hereto as Exhibit “A” and incorporated herein by reference.
5 The Property is also encumbered by a Fire Assessment Lien recorded on August
20, 2021, O.R. Bk. 5776, Pg. 2392, in the Public Records of Lake County, Florida (the “Lien”). A
true and correct copy of the Fire Lien is attached hereto as Exhibit “B” and incorporated herein
by reference.
6 As the holder of the Utility Lien and the Fire Lien, the City is a subordinate
lienholder pursuant to Fla. Stat. § 45.032(b). The Utility Lien and Fire Lien entitle the City to
recover interest at the statutory rate, late fees, attorney’s fees, and costs.
7
Accordingly, the City has a right to the surplus funds in the following amount:
Utility Lien Amount: $583.78
Accrued Interest! on Utility Lien: $30.65
Fire Lien Amount: $59.20
Accrued Interest? on Fire Lien: $3.27
Costs: $455.00
Attorney’s Fees: $596.40
TOTAL $1,728.30
' From August 20, 2021 to June 30, 2022 (314 days) at 4.25%; from July 1, 2022 to September
30, 2022 (91 days) at 4.34%; and October 1, 2022 to December 1, 2022 (61 days) at 4.75%.
2 See FN 1.
Village Capital & Investment, LLC v. Harry Marshall Jr., et al
Lake County Case No. 2021-CA-001620
Motion for Disbursement of Surplus Funds - Page 3 of 4
8 The City’s claim is superior to the lien rights of the Defendant(s), their assignees,
and of the third-party purchaser.
9 It is anticipated that the City will incur additional attorney’s fees and the liens will
continue accrue additional statutory interest through the date of entry of an Order on the instant
Motion. Therefore, the City reserves its right to supplement its claim for disbursement for surplus
funds.
WHEREFORE, interested party/subordinate lienholder, CITY OF TAVARES, by and
through its undersigned attorney, respectfully requests that this honorable Court:
A. Enter an order finding that the City is entitled to surplus funds in an amount to be
determined by the Court;
B. Enter and order directing the Clerk of Court to disburse surplus funds to the City; and
C. Award such other and further relief as is just and appropriate.
Respectfully submitted this 1$' day of December, 2022.
CRAWFORD, MopIca & HOLT,
CHARTERED ATTORNEYS AT LAW,
/s/ Lindsay C. T. Holt
Lindsay C. T. Holt
FL Bar No. 0041179
380 W. Alfred Street
Tavares, FL 32778
Telephone: 352/432-8644
Facsimile: 352/432-8699
Primary: Iholt@cmhlawyers.com
Secondary: aeli@cmhlawyers.com
service@cmhlawyers.com
Attorney for City of Tavares, FL
[The rest of this page is intentionally left blank.]
Village Capital & Investment, LLC v. Harry Marshall Jr., et al
Lake County Case No. 2021-CA-001620
Motion for Disbursement of Surplus Funds - Page 4 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 1, 2022 a copy hereof was electronically served
via the Florida Courts E-Filing Portal and/or via U.S. Mail to the following:
Joseph E. Foster, Esq. Joseph E. Foster, Esq.
DeCubas & Lewis, P.A. Ronald G. Baker, Esq.
P.O. Box 771270 Ronald G. Baker, LLC
Coral Springs, Florida 33077 1176 E. 5" Avenue
eservice@decubaslewis.com.com Mount Dora, Florida 32757
Counsel for Plaintiff Ronaldbakerlaw@gmail.com
Counsel for Dan Williams Real Estate
Sonia A. Bosinger, Esq. Services, LLC
845 E. New Haven Avenue
Melbourne, Florida 32901 Harry Marshall Jr.
sbosinger@ablawfl.com a/k/a Harry Edward Marshall, Jr.
Counsel for Groves at Baytree 4515 Caicos Drive
Homeowners Association, Inc. Tavares, Florida 32778
Unknown Tenant
4515 Caicos Drive
Tavares, Florida 32778
/s/ Lindsay C. T. Holt
Lindsay C. T. Holt
Florida Bar No. 0041179
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
VILLAGE CAPITAL & INVESTMENT,
LLC,
Plaintiff, CASE NO: 2021-CA-001620
Vv.
HARRY MARSHALL JR. A/K/A HARRY
EDWARD MARSHALL, JR.; GROVES AT
BAYTREE HOMEOWNERS
ASSOCIATION, INC.; UNKNOWN
TENANT IN POSSESSION OF THE
SUBJECT PROPERTY;
Defendants.
EXHIBIT “A”
(TO MOTION FOR DISBURSEMENT OF SURPLUS FUNDS)
INSTRUMENT#: 2021115028 OR BK 5776 PG 2391 PAG!
ES: 1 8/20/2021 2:45:15 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLE
R, LAKE COUNTY, FLORIDA
REC FEES: $10.00
CITY OF TAVARES
UTILITY LIEN
-For Recording Use Only Above Line-
This Utility Lienis hereby created, established and | levied as provided by ordinanc
e, and this Notice is
effective as of the date set forth below, havin; 1g been brought before
the City Council of the City of Tavares, a
political subdivisionof the State of Florida ( “City”) whose address is 201 East
Main Street, Tavares, FL 32778,
pursuant to City Ordinance No. 2011-12, and Chapter 153 and
Chapter 159, Florida Statutes:
WHEREAS, City has determined that Utility Cha ges and Penalties in the
amount of $583.78 as provided
for by the City Code of Ordinances were charged to the 1@ subject
property legally described below and have not
been paid as provided by said Code; and,
WHEREAS, City Ordinance No. 2011-12 provides for the creation, |, establ
ishment and levy of a lien in the
amount of such charge, together with interest, attorney’s fees and
costs, against the property specially benefited,
and the subject property described herein has been determined as having
been specially benefited.
NOW THEREFORE, 'T IS HEREBY ORDERED, upon this matter coming before the City
of Tavares Council and in
consideration of the special benefit to the subject property described herein,
there is hereby created, established
and levied by operation of law, running from the thi irty-first (31%) day from
the date set forth below, a lien upon
the following described real property situated and lyi ing in Lake County, Florida,
to wit:
TAVARES, GROVES AT BAYTREE PHASE 4 PB 59 PG 80-83 LOT 279
ORB 4876 PG 201 ORB 5480 PG 281
A/K/A 4515 Caicos Drive, Tavares, Florida
Harry Marshall, Jr.
4515 Caicos Drive
Tavares, FL 32778
Said lien may be foreclosed by the City pursuant to the City of Tavares Code
and in accordance with
procedure set forth in general law, or may be enforced in any other manner
allowed by law.
Said lien shall bear interest at the statutory rate from the date hereof until
paid in full. Said lien shall also
include late fees, attorney's fees, and costs. The lien shall be a continuing lien
on the property and shall be include
and secure all subsequent utility charges, base rates and related penalties incurred
on the subject property until
such time as the lien is satisfied. Pursuant to Section 159.17 and Section 153.67, Florida
Statutes, said lien shall
have priority over all other liens except the lien of the state, county, and municipal
taxes, and shall be on a parity
with the lien of such state, county and municipal taxes.
IN WITNESS WHEREOF, the City of Tavares has set its hand and seal this ay
CITY OF TAVARES, FLORIDA (“City”)
day of.August 2001
STATE OF FLORIDA
COUNTY OF LAKE
By:
The foregoing instrument was acknowledged before me
this day of.
Sa)
2021, by
Mn KATHRYN A. MAYES: LI “who is personally known to me
"Notary Public= Sate of Fonda
Commission # GG 25783
My Comm, Expires Mar 30, 2022 =
‘or (_] who has produced
aga
ag
Bondea through Nezone Noxry Assn,
tay Senate
‘ (ES,
Printed Notary Signature
My Commission Expires: MAAR 20, 260-2
repared By, Return To and Payable at: City of Tavares, Utilities Department, 201 East Main Street Tavares, Florida, 32778
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
VILLAGE CAPITAL & INVESTMENT,
LLC,
Plaintiff, CASE NO: 2021-CA-001620
Vv.
HARRY MARSHALL JR. A/K/A HARRY
EDWARD MARSHALL, JR.; GROVES AT
BAYTREE HOMEOWNERS
ASSOCIATION, INC.; UNKNOWN
TENANT IN POSSESSION OF THE
SUBJECT PROPERTY;
Defendants.
EXHIBIT “B”
(TO MOTION FOR DISBURSEMENT OF SURPLUS FUNDS)
INSTRUMENT#: .2021115029 OR BK 5776 PG’2392 PAGES: 1 8/20/2021 2:45:15 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER , LAKE COUNTY, FLORIDA
REC FEES: $10.00
CITY OF TAVARES
FIRE ASSESSMENT LIEN
~For Recording Use Only Above Line-
This Fire Assessment Lien is hereby created, , established and levied as provided
by ordinance, and this
Notice is effective as of the date set forth below, hi avin ig been brought
before the City Council of the City of
Tavares, a political subdivision of the State of Florida (" City") whose address is 201
East Main Street, Tavares,
FL 32778, pursuant to City Ordinance No. 2012-14, and Chapter 153 and Chapter 159, Florida
Statutes:
WHEREAS, City has determined that Fire Assessment Chat rges in the amount of $59.20
as provided for
by the City Code of Ordinances were cha ged to the subject property legally described below and have
not been
paid as provided by said Code; and,
WHEREAS, City Ordinance No, 2012-14 Provides for the creation, establishment
and levy of a lien in the
amount of such charge, together with interest, att tor rney’'s fees and costs, against the property
specially benefited,
and the subject property described herein has bee n determined as having been specially
benefited.
NOW THEREFORE, IT IS HEREBY ORDERED, , upon this matter coming before the City of Tavares Council and
in consideration of the special benefit to thje sul ibject property described herein, there is hereby created,
established and levied by operation of law, running from the thirty-first (31%) day from the date set forth below, a
lien upon the following described real prop erty situated and lying in Lake County, Florida, to wit:
TAVARES, GROVES AT BAYTREE PHASE 4 PB 59 PG 80-83 LOT 279 ORB 4876 PG 201 ORB 5480 PG 281
A/K/A 4515 Caicos Drive, Tavares, Florida
Hai hall, Ir.
4515 Caicos Drive
Tavares, FL 32778
Said lien may be foreclosed by the City pursuant to the City of Tavares Code and in accordancewith
procedure set forth in general law, or may be enforced in any other manner allowed by law.
Said lien shall bear interest at the statutory rate from the date hereof until paid in full. Said lien shall also
include late fees, attorney's fees, and costs. The lien shall be a continuing lien on the property and
shall include
and secure all subsequent Fire Assessment charg jes and related penalties incurred on the subject property until
such time as the lien is satisfied. pursuant to Section 159.17 and Section 153.67, Florida Statutes, said lien shall
have priority over all other liens except the lien of the state, count ty, and municipal taxes, and shall be on a
parity
with the lien of such state, county and municipal taxes.
IN WITNESS WHEREOF, the City of Tavares has set its hand and seal this OY. day of August _, 2021
CITY OF TAVARES, FLORIDA (“City”) STATE OF FLORIDA
py, Serr hk Fno COUNTY OF LAKE
Taare rent was acknowledged before me this
2021, by
KATHRYNA MAYES
2
er 10 is personally known to me.
‘Notary Public- State of Florida or [_} who has produced
Comission # GG 165793
+ My Comm. Expires Mar 30, 2622
— Bonded nrougn Nazera Notary Assn,
Printed Notary Signature’
My Commission Expires: (AARCH 20, L02-2/
Prepared By, Return To and Payable at: City of Tavares, Finance Department, 201 East Main Street Tavares, Florida, 32778
Preview
Filing # 162160887 E-Filed 12/01/2022 10:15:12 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA VILLAGE CAPITAL & INVESTMENT, LLC, Plaintiff, CASE NO: 2021-CA-001620 Vv. HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR.; GROVES AT BAYTREE HOMEOWNERS ASSOCIATION, INC.; UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY; Defendants. / MOTION FOR DISBURSEMENT OF SURPLUS FUNDS Interested party/subordinate lienholder, CITY OF TAVARES, a Florida municipal corporation, hereinafter referred to as the “City”, by and through its undersigned counsel and pursuant to Fla. Statute § 45.032, hereby moves the Court to disburse surplus funds to the City and in support states as follows: 1 On or about May 26, 2022, a Final Judgment of Foreclosure [Dkt. No. 50] was entered in this matter as to the following described real property (the “Property”): LOT 279, GROVES AT BAYTREE, PHASE 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 59, PAGE(S) 80 THROUGH 83, INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. Property Address: 4515 Caicos Drive, Tavares, Florida 32778 See Final Judgment at § 2. 2. Following the foreclosure sale in this matter, a Certificate of Title [Dkt. No. 74] was issued to a third-party bidder, Nazarro Trust Assets, LLC on October 4, 2022. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 12/01/2022 10:26:49 AM Village Capital & Investment, LLC v. Harry Marshall Jr., et al Lake County Case No. 2021-CA-001620 Motion for Disbursement of Surplus Funds - Page 2 of 4 3 Per the Certificate of Disbursements dated November 16, 2022 [Dkt. No. 78], the Clerk of Court is retaining surplus funds from the foreclosure sale in the amount of $ 18,232.82. 4 The Property is encumbered by a Utility Lien recorded on August 20, 2021, O.R. Bk. 5776, Pg. 2391, in the Public Records of Lake County, Florida (the “Lien”). A true and correct copy of the Utility Lien is attached hereto as Exhibit “A” and incorporated herein by reference. 5 The Property is also encumbered by a Fire Assessment Lien recorded on August 20, 2021, O.R. Bk. 5776, Pg. 2392, in the Public Records of Lake County, Florida (the “Lien”). A true and correct copy of the Fire Lien is attached hereto as Exhibit “B” and incorporated herein by reference. 6 As the holder of the Utility Lien and the Fire Lien, the City is a subordinate lienholder pursuant to Fla. Stat. § 45.032(b). The Utility Lien and Fire Lien entitle the City to recover interest at the statutory rate, late fees, attorney’s fees, and costs. 7 Accordingly, the City has a right to the surplus funds in the following amount: Utility Lien Amount: $583.78 Accrued Interest! on Utility Lien: $30.65 Fire Lien Amount: $59.20 Accrued Interest? on Fire Lien: $3.27 Costs: $455.00 Attorney’s Fees: $596.40 TOTAL $1,728.30 ' From August 20, 2021 to June 30, 2022 (314 days) at 4.25%; from July 1, 2022 to September 30, 2022 (91 days) at 4.34%; and October 1, 2022 to December 1, 2022 (61 days) at 4.75%. 2 See FN 1. Village Capital & Investment, LLC v. Harry Marshall Jr., et al Lake County Case No. 2021-CA-001620 Motion for Disbursement of Surplus Funds - Page 3 of 4 8 The City’s claim is superior to the lien rights of the Defendant(s), their assignees, and of the third-party purchaser. 9 It is anticipated that the City will incur additional attorney’s fees and the liens will continue accrue additional statutory interest through the date of entry of an Order on the instant Motion. Therefore, the City reserves its right to supplement its claim for disbursement for surplus funds. WHEREFORE, interested party/subordinate lienholder, CITY OF TAVARES, by and through its undersigned attorney, respectfully requests that this honorable Court: A. Enter an order finding that the City is entitled to surplus funds in an amount to be determined by the Court; B. Enter and order directing the Clerk of Court to disburse surplus funds to the City; and C. Award such other and further relief as is just and appropriate. Respectfully submitted this 1$' day of December, 2022. CRAWFORD, MopIca & HOLT, CHARTERED ATTORNEYS AT LAW, /s/ Lindsay C. T. Holt Lindsay C. T. Holt FL Bar No. 0041179 380 W. Alfred Street Tavares, FL 32778 Telephone: 352/432-8644 Facsimile: 352/432-8699 Primary: Iholt@cmhlawyers.com Secondary: aeli@cmhlawyers.com service@cmhlawyers.com Attorney for City of Tavares, FL [The rest of this page is intentionally left blank.] Village Capital & Investment, LLC v. Harry Marshall Jr., et al Lake County Case No. 2021-CA-001620 Motion for Disbursement of Surplus Funds - Page 4 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 1, 2022 a copy hereof was electronically served via the Florida Courts E-Filing Portal and/or via U.S. Mail to the following: Joseph E. Foster, Esq. Joseph E. Foster, Esq. DeCubas & Lewis, P.A. Ronald G. Baker, Esq. P.O. Box 771270 Ronald G. Baker, LLC Coral Springs, Florida 33077 1176 E. 5" Avenue eservice@decubaslewis.com.com Mount Dora, Florida 32757 Counsel for Plaintiff Ronaldbakerlaw@gmail.com Counsel for Dan Williams Real Estate Sonia A. Bosinger, Esq. Services, LLC 845 E. New Haven Avenue Melbourne, Florida 32901 Harry Marshall Jr. sbosinger@ablawfl.com a/k/a Harry Edward Marshall, Jr. Counsel for Groves at Baytree 4515 Caicos Drive Homeowners Association, Inc. Tavares, Florida 32778 Unknown Tenant 4515 Caicos Drive Tavares, Florida 32778 /s/ Lindsay C. T. Holt Lindsay C. T. Holt Florida Bar No. 0041179 IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA VILLAGE CAPITAL & INVESTMENT, LLC, Plaintiff, CASE NO: 2021-CA-001620 Vv. HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR.; GROVES AT BAYTREE HOMEOWNERS ASSOCIATION, INC.; UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY; Defendants. EXHIBIT “A” (TO MOTION FOR DISBURSEMENT OF SURPLUS FUNDS) INSTRUMENT#: 2021115028 OR BK 5776 PG 2391 PAG! ES: 1 8/20/2021 2:45:15 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLE R, LAKE COUNTY, FLORIDA REC FEES: $10.00 CITY OF TAVARES UTILITY LIEN -For Recording Use Only Above Line- This Utility Lienis hereby created, established and | levied as provided by ordinanc e, and this Notice is effective as of the date set forth below, havin; 1g been brought before the City Council of the City of Tavares, a political subdivisionof the State of Florida ( “City”) whose address is 201 East Main Street, Tavares, FL 32778, pursuant to City Ordinance No. 2011-12, and Chapter 153 and Chapter 159, Florida Statutes: WHEREAS, City has determined that Utility Cha ges and Penalties in the amount of $583.78 as provided for by the City Code of Ordinances were charged to the 1@ subject property legally described below and have not been paid as provided by said Code; and, WHEREAS, City Ordinance No. 2011-12 provides for the creation, |, establ ishment and levy of a lien in the amount of such charge, together with interest, attorney’s fees and costs, against the property specially benefited, and the subject property described herein has been determined as having been specially benefited. NOW THEREFORE, 'T IS HEREBY ORDERED, upon this matter coming before the City of Tavares Council and in consideration of the special benefit to the subject property described herein, there is hereby created, established and levied by operation of law, running from the thi irty-first (31%) day from the date set forth below, a lien upon the following described real property situated and lyi ing in Lake County, Florida, to wit: TAVARES, GROVES AT BAYTREE PHASE 4 PB 59 PG 80-83 LOT 279 ORB 4876 PG 201 ORB 5480 PG 281 A/K/A 4515 Caicos Drive, Tavares, Florida Harry Marshall, Jr. 4515 Caicos Drive Tavares, FL 32778 Said lien may be foreclosed by the City pursuant to the City of Tavares Code and in accordance with procedure set forth in general law, or may be enforced in any other manner allowed by law. Said lien shall bear interest at the statutory rate from the date hereof until paid in full. Said lien shall also include late fees, attorney's fees, and costs. The lien shall be a continuing lien on the property and shall be include and secure all subsequent utility charges, base rates and related penalties incurred on the subject property until such time as the lien is satisfied. Pursuant to Section 159.17 and Section 153.67, Florida Statutes, said lien shall have priority over all other liens except the lien of the state, county, and municipal taxes, and shall be on a parity with the lien of such state, county and municipal taxes. IN WITNESS WHEREOF, the City of Tavares has set its hand and seal this ay CITY OF TAVARES, FLORIDA (“City”) day of.August 2001 STATE OF FLORIDA COUNTY OF LAKE By: The foregoing instrument was acknowledged before me this day of. Sa) 2021, by Mn KATHRYN A. MAYES: LI “who is personally known to me "Notary Public= Sate of Fonda Commission # GG 25783 My Comm, Expires Mar 30, 2022 = ‘or (_] who has produced aga ag Bondea through Nezone Noxry Assn, tay Senate ‘ (ES, Printed Notary Signature My Commission Expires: MAAR 20, 260-2 repared By, Return To and Payable at: City of Tavares, Utilities Department, 201 East Main Street Tavares, Florida, 32778 IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA VILLAGE CAPITAL & INVESTMENT, LLC, Plaintiff, CASE NO: 2021-CA-001620 Vv. HARRY MARSHALL JR. A/K/A HARRY EDWARD MARSHALL, JR.; GROVES AT BAYTREE HOMEOWNERS ASSOCIATION, INC.; UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY; Defendants. EXHIBIT “B” (TO MOTION FOR DISBURSEMENT OF SURPLUS FUNDS) INSTRUMENT#: .2021115029 OR BK 5776 PG’2392 PAGES: 1 8/20/2021 2:45:15 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER , LAKE COUNTY, FLORIDA REC FEES: $10.00 CITY OF TAVARES FIRE ASSESSMENT LIEN ~For Recording Use Only Above Line- This Fire Assessment Lien is hereby created, , established and levied as provided by ordinance, and this Notice is effective as of the date set forth below, hi avin ig been brought before the City Council of the City of Tavares, a political subdivision of the State of Florida (" City") whose address is 201 East Main Street, Tavares, FL 32778, pursuant to City Ordinance No. 2012-14, and Chapter 153 and Chapter 159, Florida Statutes: WHEREAS, City has determined that Fire Assessment Chat rges in the amount of $59.20 as provided for by the City Code of Ordinances were cha ged to the subject property legally described below and have not been paid as provided by said Code; and, WHEREAS, City Ordinance No, 2012-14 Provides for the creation, establishment and levy of a lien in the amount of such charge, together with interest, att tor rney’'s fees and costs, against the property specially benefited, and the subject property described herein has bee n determined as having been specially benefited. NOW THEREFORE, IT IS HEREBY ORDERED, , upon this matter coming before the City of Tavares Council and in consideration of the special benefit to thje sul ibject property described herein, there is hereby created, established and levied by operation of law, running from the thirty-first (31%) day from the date set forth below, a lien upon the following described real prop erty situated and lying in Lake County, Florida, to wit: TAVARES, GROVES AT BAYTREE PHASE 4 PB 59 PG 80-83 LOT 279 ORB 4876 PG 201 ORB 5480 PG 281 A/K/A 4515 Caicos Drive, Tavares, Florida Hai hall, Ir. 4515 Caicos Drive Tavares, FL 32778 Said lien may be foreclosed by the City pursuant to the City of Tavares Code and in accordancewith procedure set forth in general law, or may be enforced in any other manner allowed by law. Said lien shall bear interest at the statutory rate from the date hereof until paid in full. Said lien shall also include late fees, attorney's fees, and costs. The lien shall be a continuing lien on the property and shall include and secure all subsequent Fire Assessment charg jes and related penalties incurred on the subject property until such time as the lien is satisfied. pursuant to Section 159.17 and Section 153.67, Florida Statutes, said lien shall have priority over all other liens except the lien of the state, count ty, and municipal taxes, and shall be on a parity with the lien of such state, county and municipal taxes. IN WITNESS WHEREOF, the City of Tavares has set its hand and seal this OY. day of August _, 2021 CITY OF TAVARES, FLORIDA (“City”) STATE OF FLORIDA py, Serr hk Fno COUNTY OF LAKE Taare rent was acknowledged before me this 2021, by KATHRYNA MAYES 2 er 10 is personally known to me. ‘Notary Public- State of Florida or [_} who has produced Comission # GG 165793 + My Comm. Expires Mar 30, 2622 — Bonded nrougn Nazera Notary Assn, Printed Notary Signature’ My Commission Expires: (AARCH 20, L02-2/ Prepared By, Return To and Payable at: City of Tavares, Finance Department, 201 East Main Street Tavares, Florida, 32778