HomeMy WebLinkAboutR85-45 tax sale certificates void! 99U z
t�E"N PHILLIPS
=.GLE `,`- ixEC0RDH
AUG i ff 13
Commissioner 57`!x'/ moved adoption
of the following Resolution
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE STATE OF COLORADO
RESOLUTION NO- 85- y=o
A RESOLUTION DECLARING CERTAIN TAX SALE CERTIFICATES
VOID AND ORDERING THE COUNTY TREASURER TO CANCEL SAID
CERTIFICATES - TIMBERGREEN TOWNHOUSES
WHEREAS, the Board of County Commissioners of the County of
Eagle, State of Colorado (hereinafter the "Board "), is a named
party defendant in a legal action entitled Wittemyer v. Board of
County Commissioners of Eagle County, Colorado, et al , Eagle
County District Court, Case No. 81CV250 (hereinafter the
"subject action "); and
WHEREAS, the subject action concerns the parties' rights
and liabilities in the common areas appurtenant to Timbergreen
Townhouses, according to the plat thereof recorded September 4,
1975 in Book 241 at Page 624, and according to the Declaration
for Timbergreen Townhouses recorded September 4, 1975 in Book
241 at Page 614, sometimes also referred to as parts 95 through
100. Block 3, Eagle -Vail Filing No. 1, COMMON AREA ONLY
(hereinafter the "common area "), including the issuance of
Treasurer's Tax Sale Certificate of Purchase No. 419 (1975) to
the County of Eagle: and the issuance of Treasurer's Tax Sale
Certificates of Purchase Nos. 232 (1976) and 333 (1977) to
Defendant Conrad E. Shuberth, d /b /a/ C.C.R. Associates
(hereinafter "CCR "), the Treasurer's Deed previously issued
relative to Certificate No. 232 (1976) having been declared null
and void by the Eagle County District Court and affirmed on
appeal by the Colorado Court of Appeals, Case No- 83CA0980; and
WHEREAS, the respective parties to the subject action,
excepting therefrom Third Party Defendant William J. Cunningham,
have executed a settlement agreement resolving all disputes
between them; subject: however, to the Board's cancellation of
the aforesaid Treasurer's Tax Sale Certificates of Purchase; and
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WHEREAS. pursuant to the aforementioned settlement
agreement. CCR has duly assigned Treasurer's Tax Sale
Certificates of Purchase Nos. 232 (1976) and 333 (1977) to the
Board; and
WHEREAS, the Board finds, determines and declares it would
be in the best interests of the general public. and those
parties indirectly and directly affected by the issuance of
Treasurer's Tax Sale Certificates of Purchase Nos. 419 (1975),
232 (1976) and 333 (1977), to cancel and otherwise void such
Treasurer's Tax Sale Certificates of Purchase. in accordance
with the settlement agreement executed in the subject action.
NOW: THEREFORE, be it resolved by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT, the Board hereby declares and orders Treasurer's Tax
Sale Certificates of Purchase Nos. 419 (1975), 232 (1976), and
333 (1977), respectively, presently held by the Board, to be
void.
THAT, the Board hereby directs that this Resolution be duly
entered in the recorded proceedings of the Board.
THAT, the Board hereby further directs the Eagle County
Treasurer to record this Resolution in her records and to
forthwith cancel Treasurer's Tax Sale Certificates of Purchase
Nos. 419 (1975). 232 (1976). and 333 (1977), respectively.
THAT, this Resolution shall take effect, and is expressly
contingent, on the respective parties to the subject settlement
agreement fully complying with those terms and provisions
thereof deemed condition precedent to this Resolution, and Eagle
County District Court executing the Order Dismissing Certain
Claims in the subject action.
THAT, this Resolution is necessary for the public health,
safety and welfare.
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MOVED READ AND ADOPTED by
Commissioners of the Count of Eagle,
regular meeting held the day of
19 85 .
Ay,
e
ATTE S `P -
By
Jerk to the bard f
County Commissioners
1
the Board of County
Sta of Colorado, at its
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By ' _ Da 2 rf 4r 266,C/
vid E. Mott. Chairman
_ \Welch. Q
Donald H. Com issioner
Commissioner 6j-ae�4 seconded adoption
of the foregoing resolution. The roll having been called, the
vote was as follows:
Commissioner David E. Mott
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch
This Resolution passed by (/ytll !✓`/Lt0h/g vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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