HomeMy WebLinkAboutR92-049 unpatended mining claims erroneously sold at tax saleC"
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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.-
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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.
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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
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