HomeMy WebLinkAboutR92-049 unpatended mining claims erroneously sold at tax saleC" C Commissioner a0-7_ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - 4 REGARDING the REDEMPTION of UNPATENTED MINING CLAIMS ERRONEOUSLY SOLD at TAX SALE To Grand Eagle Investment Corporation WHEREAS, the Eagle County Treasurer sold the taxes on the unpatented mining claims described below, to Grand Eagle Investment Corporation: Tax Schedule No. 0629137 Sale certificate No. 1984-0731 Tax Schedule No. 0629138 Sale No. 1984-0732 WHEREAS, the Board has previously determined that the sale of unpatented mining claims is erroneous because: 1. Unpatented mining claims are not of record, making it impossible for the County to properly notify the owners thereof that the County is putting their property interests in jeopardy. 2. The value of an unpatented mining claim is largely unascertainable, thereby making the security for an investment in tax certificates relatively worthless. 3. A vast majority, if not all of the other counties in Colorado, do not sell the taxes on unpatented mining claims, for the above-mentioned and various other reasons. 4. The Colorado Constitution, Article 10, Section 3(1)(b), was amended in 1988 to specifically exempt unpatented mining claims from property taxation. 5. It is in the best interest of the taxpayers of Eagle County to have the 1988 amendment to the Colorado Constitution applied retroactively. WHEREAS, the Eagle County Treasurer requests that Eagle County redeem the above-identified tax sales.- C, C NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the above-described amendment to the Colorado Constitution be applied retroactively in the best interests of the taxpayers of Eagle County. THAT, the sales of the tax liens on the unpatented mining claims described above are erroneous. THAT, Eagle County shall redeem the certificates of purchase in the following amounts: Tax Sale No. 1984-0731 Amount of Certificate $ 161.27 Interest (110) thru 4/92 133.20 TOTAL AMOUNT to be redeemed $ 294.47 Tax Sale No. 1984-0732 Amount of Certificate $1,025.22 Interest (110) thru 4/92 846.00 TOTAL AMOUNT to be redeemed $1,871.22 THAT, reimbursement to Grand Eagle Investment Corporation of the certificates of purchase shall be made from the various funds to which the tax was originally distributed; except that the interest shall be paid from the County General Fund. THAT, the Eagle County Budget Officer and the Eagle County Treasurer are hereby directed to take all actions necessary to effectuate this resolution. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. WC MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the Af- day of April, 1992. rW- -� BY :- erK ro the boara •c unty Commissioners By: COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner bje-1 a/L seconded adoption of the foregoing resolution. The roll 'having been called, the vote was as follows: Commissioner George A. Gates -e-, Commissioner Richard L. Gustafson -e- Commissioner Donald H. Welch . - - This Resolution passed by UALei:/"M vot o f the Board of County Commissioners of the county ot Eaglii Colorado. #92-09 -3-