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R85-45 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 q3 3 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. -2- N l 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. -3-