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HomeMy WebLinkAbout2022 Resolution WithdrawalMINTURN Cemetery & Mausoleum February 8, 2022 Board of County Commissioners Eagle County, Colorado P.O. Box 850 500 Broadway Eagle, Colorado 81631-0850 By U.S. mail and email to eazleadmin(a)eadecounty.us Dear Commissioners: In July of this year, the Minturn Cemetery District (the "District"), along with the Estate of Ruth Miller, petitioned the County seeking a boundary change to the District to allow the addition of property known as the Old Edwards Cemetery (the "Property"). The District was working with the Estate of Ruth Miller and hoped to eventually own, use, and maintain the Property for cemetery purposes. While initial documents showed ownership of the Property vested in the Estate of Ruth Miller, subsequent title work has resulted in the conclusion that the Property is owned by S. H. Shannon, a party with whom the District has no relationship, no familiarity and no contact. As such, the District would like to formally withdraw the petition, a copy of which is attached hereto for reference, as no longer viable and no longer factually accurate. If the opportunity presents itself, the District remains interested in acquiring the historic Property and in caring for it in a responsible manner. Thank you for your time and attention to this matter. Sincerely, John Sheehan, Board President Minturn Cemetery District Board of Directors c: Holly Strablizky, Assistant County Attorney (holly.strablizky@ea leg county.us) RESOLUTION NO. ' SERIES OF 2021 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MINTURN CEMETERY DISTRICT IN SUPPORT OF A PETITION FOR ADDITION OF PROPERTY TO THE DISTRICT WHEREAS, the District is a governmental subdivision of the State of Colorado and a body corporate with those powers authorized by C.R.S. § 30-20-801, et seq.; WHEREAS, the District was formed by resolution of the Eagle County Commissioners dated November 3, 1947, following the petition of a majority of the taxpaying electors within the District's boundaries; WHEREAS, the District is authorized to acquire, hold, and cony d personal property for cemetery purposes within the District according to C.R.S. § 30- -80�1 ; WHEREAS, only by addition to the District's boon a Property be held by the District and used for cemetery purposes; WHEREAS, there is no statutory process for g ory to or excluding it from an existing cemetery district within Part 8, Article 20, Title 30, .R t, as creators of the District, the Board of County Commissioners of Eagle County, Colorado, d implicitly have such authority; WHEREAS, the property sough to b is tax exempt and its addition will not impact any of the taxpaying electors residing within ct; and WHEREAS, the Board th the property owner of the Ruth Miller Estate to prepare the attached petition. NOW THEREF M RESOLVED BY THE BOARD OF DIRECTORS OF THE MINTURN CEIVIETER CT, THAT: Section 1. Z Board of Directors of the Mintum Cemetery District hereby consents to and approve the PelitkTor Addition of Property to the District, as attached hereto, and authorizes the Board President to sigh the same on behalf of the District. Section 2. The Board of Directors instructs the District Administrator to transmit the . petition and this resolution to the Board of County Commissioners and to take such other related actions as may be necessary to accomplish this addition to the District. INTRODUCED, PASSED AND ADOPTED this 121' day of July, 2021. ATTEST: 4��� Sidney H gton, I i ct AdmAisirator .! � �� Ar 'AAR 711212021 C:IUSERSISIDNEYIDOCUMEWMIDNEYIL4=NGTOMBOARDOFDMEMRM021 RESOLMONSIF"ANSION-R071221.DOCX PETITION FOR ADDITION OF PROPERTY TO THE MMURN CEMETERY DISTRICT a Title 30, Article 20, Part 8, C.RS, Cemetery District TO: THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO FROM: THE ESTATE OF RUTH MILLER THE MINTURN CEMETERY DISTRICT RE: ADDITION TO THE MINTURN CEMETERY DISTRICT UNDARIES The above -named landowner ("Petitioner") in accordance with r ' ons of Title 30, Article 20, Part 8, C.R.S., as amended, with the consent of the Min ery District Board of Directors, hereby submit this petition (the "Petition") to the dA unty Commissioners of Eagle County, Colorado, and request addition to th Cemetery District (the "District") of approximately 1.02 acres of property, to Eagle County, State of Colorado, as more fully described below and attached hereto corporated herein as Exhibit 1 (the "Property") n In support of the Petition, Petitioner and thVis%Ort state as follows: 1. Petitioner The Estate o u� Miller, Laura Miller -Kinney, Personal Representative, with an address of 7121 Road 311, New Castle, Colorado, 81647-9658, is fee owner of one hundred percent o of the Property described in Exhibit 1 as Eagle County Parcel: 2105-033-00-006 gal description of Section: 3 Township: 5 Range: 82 PCLIN S W 1 /4S W IA AKA O S CEMETERY, totaling 1.02 acres. 2. Petition r the Property to be operated by the District for cemetery purposes, and fully cQ o e addition of the Property into the District. 3. Th t was formed by resolution of the Eagle County Commissioners dated November 3, 1 owing the petition of a majority of the taxpaying electors within the District's boundaries. A copy of this resolution is attached hereto and incorporated herein as Exhibit 2. 4. The District is authorized to acquire, hold, and convey real and personal property for cemetery purposes within the District. C.R.S. § 30-20-805(1)(a). 5. Short of establishing a new cemetery district pursuant to C.R.S. § 30-20-802, only by addition to the District's boundaries can the Property be held by the District and used for cemetery purposes. 6. There is no process for adding territory to or excluding it from an existing 7/12/2021 C.•I USERSIHMCI4PPDAT4ILOCALITEMPISCRUB124SLB05T"OAZVON.DOCX cemetery district within Part 8, Article 20, Title 30, C.R.S., but the Board of County Commissioners of Eagle County, Colorado, as creators of the District, would logically seem to have such authority. 7. The District, acting by and through its Board of Directors, consents to this Petition and to the addition of the Property to the District, as evidenced by Resolution No. _, Series of 2021, dated July 12, 2021, a copy of which is attached hereto and incorporated herein as Exhibit 3. 8. As shown on Exhibit 1 the Property is currently designated as tax-exempt by the Eagle County assessor. 9. As such, addition of the Property to the District will not ku an the Property's tax status or the taxable property to which the District's mill levy is appli to C.R.S. § 30- 20-806. No taxpaying electors within the District would be impacted b tion. Therefore, the undersigned Petitioner, along with th turn Cemetery Board of Directors, respectfully requests the Hoard of County Co si f Eagle County, Colorado, approve the addition of the Property to the District. Signature ag ow. 2 7/12/2021 C. I USERSIHMGIAPPDATAILOCALITEMPISCRUB124SL80571XMOAZVON.DOCX SUBMITTED THIS DAY OF u 2021. THE ESTATE OF RUTH MILLER �- P'_ Laura Miller -Kinney, Personal Representative STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) The foregoing instrument was subscribed, sworn to and ackno le ge efore me this rday of •� 1 2021, by Laura Miller -Kinney, Person epresentative of the Estate of Ruth Miller. Witness my hand and official seal. (SEAL) c My commission expires: MICHAEL RYAN DACKONISH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #202040leM My Commission Expires May 7, 2024 ^ 3 7/62021 C: I USERMHMGUMATAI LOCALITEMPISCRUBI2WQAD3WPI EBZKNI UC DOCX Attest: Sidney Harringto is 'c A imstrator bra MINTURN CEMETERY DISTRICT 4 7/12/2021 C:IUSERSIXMGL- PPDATAILOCALITEMPISCRUB124SLB057"OAZVON.DOCX Exhibit 1 MILLER, RUTH 7121 COUNTY RD 311 NEW CASTLE, CO 81647-9658 Property Record Card Eagle County Account: R042534 Tax Area: SC143 - ERFPD (CENTRAL) - SC 143 Acres: 1.020 Parcel: 2105-033-00-006 Situs Address: EDWARDS AREA, 0 Value Summary Legal Description Value By: Market Override Section: 3 Township: 5 Range: 82 PCLIN SW1/4SW1/4 AKA OLD EDWARDS CEMETARY Land (1) $246,970 N/A Total $246,970 $246,970 Entry Date Mod:,, ` Remark 01/01/2010 CEMETERIES NOT USED OR HELD FOR PRIVATE OR CORPORATE PROFIT SHALL BE EXEMPT FROM THE LEVY AND COLLECTION OF PROPERTY TAX 39-3-117 Land Occurrence 1 Abstract Code 9159 - EXEMPT/CHURCH - LAND Percentage 100.0 Use Code 9000 - EXEMPT Neighborhood 201 - OUTLYING NEIGHBORHOOD 201 Land Code 2381 - 201 OUTLYING <1 AC-2.99 AC Super NeiahborhoM 750 - OUTF-V@tG EAGLE/GYPSUM/AVON/VAIL/MINTU RN Size 1.02 Acreage Adjustment 20001 - 201 ACREAGE ADJ 1 AC SubArea ACTUAL EFFECTIVE HEATED FOOTPRINT Land A 1.02 Total 1.02 Value Rate Rate Rate Rate $246,970 242.127.45 A#: R042534 P#: 210503300006 As of: 06/30/2021 Page 1 of 2 Property Record Card Eagle County Abstract Summary Code Classification Actual Value Taxable Actual Taxable Value Override Override 9159 EXEMPT -RELIGIOUS NON-RES LAND $246,970 $71,620 NA NA Total $246,970 $71,620 NA NA A#: R042534 P#: 210503300006 As of: 06/30/2021 Page 2 of 2 %UV Prec"fiP of the Bard of CD" Co> ee8__________k t 19 State Highway Department Road Oil �n A' Bartgell Right of Way Safle Valley Telephone Co Services for 00tob9r Hoy Cross Sleet Asesa Servioee for 00tober Total STATE SPRCIAL ROAD I= D• D• Randall Road Sups* - Oct Bernard slather Tractor salary d, welding A. R. Yost Tracto Operator - October salary Ti R. Clardy Randall. aboShovel Aerator - October esalaarry W�iamM. Hiu Tract" orator -October salary or Howard Nana. J•r n Felix Raton .. Ly40 Price a Howard H. Hann e aaokPEn . Carl Rhyne a $Ohaillees Kunz Road overseer - October salary Labor Carl X% Eaton F`radk N. Raton Roan Overseer - Oat salary & exP Labor N. L. Eaton it Walter B. Forster Road Overseen - October salary Frank W. Carry Labor Carl Stir a H'. P. van Horn Road Overseer - October sal � Stadley Mulnix October salary ds expense Lester Rogers Labor Willard Atwood e ' Geoige Harris a Marvin Borah it Don `B• cline Arthhr Batton ROVA oad Overseer - Oot Labo Gene Carter Road Overseer - oat exP Jim Hartle Labor Hal Bhrisman Road Overseer -jkht eelpexp Verbn Niewerth Berl' Landnders Labor or Pierce C]s:rk Road ?fiat ct salary Aliee Oil system Gas and Texaco Service Gas and e RRIPA Royer Alooh s B. Klatt Gas Roy W. Posts nd to Herbd�rt O. Ru8se13 n supplies Sricksocre Conoco Road sappl3es Rated Service stati - ad ettpplias Continental 0 ad oil Standa012 �eeel noel $rLorig 'JJ. . res and supplies Boynton An Repaire and supplies Rice'servi t a - Service and supplies Koonce a Repairs and supplies I. d or Co - Repair parts & supplies' o Be*B. for Company - Repair parts and sn Held and Raohiae Co - upplie H• W more S ui ant oo .. 8,epair parts and supplies Libei?ty Tracks sad Parts QoR-pBer Paa t& and supplies Total - A petition for the creation of a Cemetery District to be known as aThe B Cemetery Association Distriata was Premanted, maid Petition having been aignea by a I or the tax Paying eleotore within the boundaries of the propoaed district, and. examination by the Board. the following resolution was adopteds submitted to WMUMAS' aa3MSgirsgoelectors as shown by the Petition Minturn Cemetery -Board District be formed in compliaonce with Chap 8rt91,t999 Laws of 0010rado. 19481 ands SAS, Upon presentation of said Petition. the Board of County Commis, have examined same and found the same to be regular and in due form as provided bg Act. IT IS THERVORN USOLVED by the Board of County Commissioners. of the Cot Of Eagle and State of Colorado, that the following described. property, to -wits The boundariea of said District to be the same as those of School Distrbot No. ll, Bugle County, Colorado, as they now exist and of record in the reoorde of said Fagle county. state of Colorado. be and the same hereby is made 4k6d 4etermiae4 to be The Minturn Cemetery IT IS FURTSNR UNSOLVED that said Distriot shall have the powers granted by Section 4 of said Act. IT IS FURZM PROVIDED that at the proper time and in the proper mBaaor a tax of 1.80 mills shall be levied upon the tasab'le property of said Distriot for the purpose to acquire, oars for and maintain said cemetery pr oemeterUe for the ensuing year as property eertified to the Board of County Commissioners in accordance with Section 8 of said Act. Read, considered and approved this $rd.day of November A. D. 1947. BOARD OF COUNTY C3I0MRS OF BAGLE COUNT, COLORADO. $9 f angel ATTEST&. Chairman Is Roy Borah Thomas F._ BQB esn ClarktoBos ' [�' The following Resolutions covering transfer of funds were a$opteds RNSOLUTI08 WHWMAS the records in the office of the 0ounty Tr�eorerok ty of Bugle, show that there is on hand in the Building 8. Improvement Fuof �5700.00t In the Pont War Fund the sum of t7400.00t and in the Con, the am of $2900.00, making a total of 014,000.00 AND WRNAS, it is thought advisable and to the best interounty to transfer the above named sums, in the total amount of $14,000:0eral Road Fund. BE IT HERBBfRESOLVED by the Board of County 0 e of -Bogle County, Colorado, seated in regular session this Ord day of Nov 1947, that the som of $Z900.00 be transferred from the Building and Improv at di the gum of $7400.00 be transferred from the Post War Fund and the on 0.00 be transferred from the Contingent Fund, to the General Road We kim etas s® of 014,00o.00 to be transferred to said General load Fund. PASSED, CONSIDERED AND APPROVED this "ember A. D. 1947. BOARD OF L 000MM SSIONERS OF SAGIR COUNTY $9 Rolph Manuel a en ATTEST: fty Borah Tho a F. lee een er VKHRELS a Fire S ain amount of fO00.00 Wcreated by the Board of County Oommissionere of ounty, Colorado, on the 7th day of April, 1947. AND WHEREA&is on have been appropriated for or received Into said fund, AND *Mommxta thought advisable at this time to transfer from the Ordinary Cae Pend, into the Fire Fund, the sam of 8400.00, NOWE IT RESOLVED AID IT IS HEREBY ORDERED that the 0ooty Treasurer oof Nagle, inthe State of Colorado, LZsfer the amount of Four Haadred Dollare (04004001 from the ordinary County Revenue Fund to the so called Fire Fund. BEAD, CONSTDBM AND APPROVED this Srd day of November, A. D. 1947. BOARD OF COUNTY COltbiISSIOMM OF NAGIR COUNTY, COLORADO B)► Ra1Ph A'PPSSTt unaLvman Le Ror.Borah Thome To }gOften . Clark RHU following Resolution was also adopted' RESOLUTION OF THE BOARD OF COUMPY COMUSSIOHSRS OF RAGLS COUNTY, COLORADO WERRUS, a number of property owners on Brash Creek, Eby Creek and the Nagle River have leased by so-oalled Oil and gas Leases their ell and gas rights to one H. C. Breteohoolder, who has his office in The First mtional Bank Building, Deaver, Colorado. sad WHEREAS, a large number of the property owners and residents of the Town of Nagle, in the County of Nagle and State of Colorado, have entered. into what Is oammonly known as The Nagle Townsite Community Oil and Can Lease, Nagle, Oolo;ado, in whioh H. 0. Bretsehneldo of Denver, Colorado, is Loosest and W1OREA.S, it is oroDosed by H. C. Brotsohneider and his associates that in the