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HomeMy WebLinkAboutR91-073 redemption of erroneously sold unpatented mining claimCommissioner 0 ilSTAF�a/J moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91 - 173 REGARDING THE REDEMPTION OF AN UNPATENTED MINING CLAIM ERRONEOUSLY SOLD AT TAX SALE TO THE HENRY ZWAAN FAMILY TRUST (Tax Sale ##1988 -0781) WHEREAS, the Eagle County Treasurer sold the taxes on an unpatented mining claim identified by Eagle County Schedule Number 602355 for the years of 1987, 1988, and 1989; and WHEREAS, the purchasers of the tax certificates to this mining claim have applied for a Treasurer's Deed; and WHEREAS, the County Treasurer and the County Attorney have recommended 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 sale. 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 shall be applied retroactively in the best interests of the taxpayers of Eagle County. THAT, the sale of the unpatented mining claim identified by Eagle County Schedule Number 602355 is thereby erroneous. THAT, pursuant to C.R.S. 39 -12- 11(2), the Treasurer pay interest to the purchasers of the tax certificates at the annual rate of nine percent. THAT, Eagle County shall redeem the certificate of purchase, in the following amounts: Amount of Certificate $ 2,005.17 Interest through 9/30/91 451.18 TOTAL AMOUNT to be redeemed $ 2,456.35 THAT, reimbursement to the holder of the certificate 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. MOVED, READ AND ADOPTED by the County of Eagle, State of Colorado, _ eptember, 1991. Commissioners Board of County Commissioners of the at its regular meeting held the 30th us COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner (!r,47 seconded adoption of the foregoing resolution. The roll having been cal ed, the vote was as follows: Commissioner George A. Gates Commissioner Richard L. Gustafson Commissioner Donald H. Welch �I This Resolution passed by �i -�� sioners of the County of Eag eee 91 -31 -2- vote of the Board of County Commis - of Colorado.