HomeMy WebLinkAbout580094.tiff APPOINTING COMMISSIONER TO CONVEY REAL PROPERTY SOLD AT PUBLIC AUCTION HELD ON
JULY 10, 1958, Lots 1 to 6 & 7, Block 47, H & J, Nunn., to Oskar A. & Frances A.
Nielsen, Ault, Colorado:
Commissioner Warren offered the following resolution and moved its adoption:
WHEREAS, Weld County, Colorado, has acquired and is the owner of the following
described real property, duly recorded in the records of the County Clerk and Recorder
of the County of Weld, State of Colorado, as follows, to-wit:
Deed Date Recorded Description
Executed Book at Page
Treas. Deed 12/5/38 1035 186 L 1 to 6 Blk 47 H&J Nunn
12/5/41 1087 246 L 7 "
and WHEREAS, said property, excepting therefrom the reservations in favor of the Union
Pacific Railroad Company; and excepting therefrom the reservations in the United States
Patent and existing reservoir sites and irrigation ditches, if any, existing rights-
of-way for public highways and roads, and any and all existing easements of rights-
of-way, however evidenced or acquired, and subject to existing leases; and excepting
therefrom all oil, gas and other minerals therein or thereunder, together with the
right to prospect for and remove the same; and all county owned structures, if any,
on said property, and all property used for county purposes; has been duly advertised
for sale at a public auction held on July 10, 1958 at the hour of
one-thirty o'clock, P.M. , in the office of the Board of County Commissioners, (adjourned to
County Court Room)
and WHEREAS, at said sale, Oskar A. Nielsen& Frances A. Nielsen , Ault, Colorado
bid $ 31.00 as the purchase price for said property and being the highest
and best bidder , said property was sold to said
Oskar A. Nielsen& Frances A. Nielsen, Ault, Colorado.
NOW, BE IT RESOLVED, and it is hereby ordered that Charles 0. Bursiel , who
is the County Treasurer of Weld County, Colorado, is hereby constituted and appointed
as Commissioner for Weld County, Colorado, to convey, without covenants of warranty,
said property as aforesaid, to said Oskar A. Nielsen& Frances A. Nielsen, WROS ,
Ault, Colorado, which property is more particularly described
as follows, to-wit:
Lots 1 to 6 & 7 Blk 47 H&J Nunn
580094
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excepting therefrom the reservations in favor of the Union Pacific Railroad Company;
and excepting therefrom the reservations in the United States Patent and.existing res-
ervoir sites and irrigation ditches, if any, existing rights-of-way for public high-
ways and roads, and any and all existing easements or rights-of-way, however evidenced
or acquired, and subject to existing leases; and excepting therefrom all oil, gas and
other minerals therein or thereunder, tcgether with the right to prospect for and re-
move the same; and all county owned structures, if any, , on said property, and all
property used for county purposes.
IT IS FURTHER ORDERED, that to such conveyance, the said Charles C. Bursiel
as such Commissioner to convey said property, is authorized to affix the seal of said
County and said conveyance, when executed according to this order, shall have the ef-
fect to transfer to said Oskar A. Nielsen& Frances A. Nielsen, WROS Ault,
Colorado, all right, title and interest which Weld County has in
and to the above described property, except only and subject to the exceptions and res-
ervations hereinabove mentioned or referred to. Weld County does not warrant title.
The motion was seconded by Commissioner Shul nd the resolution was
adopted by the following vote: � /
AYES: 2/ �(/.�/
/ /57
THE7�OARD Of COUNTY-COMMISSIONERS
4WD COUNTY, COLORADO
DATED: JULY 10. 1958
Y� L/
FILE -k - :
APPOINTING COMMISSIONER TO CONVEY
REAL PROPERTY SOLD AT PUBLIC AUC-
TION HELD CM JULY 10, 1958
Lots 1 to 6 8 7
Blk 47 H&J
Nunn
Oskar A. 8 Frances A. Nielsen -
4ult, Colorado
* $ 31.00 /
rig
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APPROVED THIS loth DAY OF
A. D. X95$
CHAIRMANtbARD OF COUNTY COMMISSIONERS
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SOUTHARD AND SOUTHARD
ATTORNEYS AT LAW
FIRST NATIONAL BASK SUI_DING
G REELEY,COLORADO
CHAS.E.SO UTH ARD
WILLIAM H.SOUTHARD June 16, 1959
1/'� 71/ /44,0V.-4. i pct . .1(4_
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1/. Wet jJl � -
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Mr. S. Robert houtchens
County Attorney C. , •.. .<. ; ! . : :. c �� - 77. S ;_
Kinney Build ing - 'F
Greeley, Colorado �*,%,1' e
Dear Bob: ''
I wish to call yol..r attention , as County Attorney, to a
procedural matter which should be considered by the County
Commissioners for correction. In instances where the County has
been conveying real estate, which is acquired by tax title or other
means, the Commissioners ' Resolution to convey the land has been
prepared by the clerical staff in the Commissioners ' office, and
thereafter the commissioner appointed by the County to convey the
land, the County Treasurer, has prepared the deed in accordance
with the Commissioners ' Resolution, and at no time in the process
has either the Resolution or the Deed been examined by the County
Attorney.
The particular deed which has come to our attention is one
in which the County sold certain property in Nunn to one Oskar A.
Nielsen and Frances E. Nielsen on July 10, 1958. The clerk in the
Commissioners ' office, believing she was complying with the statute
relative to joint tenancy real estate, by error, followed the
statute pertaining to registration of automobile titles , and so
drafted the Resolution , which was presented to the County Treasurer
for issuance of the deed , thus title went to "Oskar A. Nielsen &
Frances A. Nielsen , WROS" . Subsequently Mr. Nielsen claimed they
had made—a mistake in his wife 's name and apparently presented the
deed, after it had been recorded, to the clerk in the Commissioners '
office , who erased the initial "A" in Frances A. Nielsen , and re-
inserted it as Frances E. Nielsen; the deed was subsequently again
recorded.
As you are aware , under the provisions of Sec . 118-2-1, CRS
'53, as amended , a joint tenancy in real estate is created only
when it is declared in the deed that the property is to pass in
joint tenancy.
Oskar Nielsen recently died. This creates a situation tnat
Mrs. Nielsen will probably have to bring an action for reformation
of the County Deed to reform it to show that the conveyance in fact
is in joint tenancy. This will be a considerable expense to Mrs.
Mr. S. Robert Houtchens - 2 June 16, 1%9
Nielsen, and such instances should be avoided in the future by
requir 3ng that the County Attorney inspect all conveyances made
by the County prior to their delivery to the various grantees.
The deed in question was first recorded in Book 1509, Page
31 and re-recorded in Book 1511, Page 65, Weld County Records.
Our purpose in writing to you is for you to present this
matter to the commissioners so that the clerical procedure in the
Commissioners , office can be improved and future purchasers from
the County will not have similar difficulty.
Very truly yours,
SOUTHARD D�SOU HA
..�Q �`� y1Cy .
By
WITS :E
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