HomeMy WebLinkAbout971041.tiffRESOLUTION
RE: DESIGNATE CLERK TO THE BOARD AS WELD COUNTY OFFICIAL RESPONSIBLE
FOR COMPLIANCE WITH REQUIREMENTS OF CRS § 38-35-109.5(2)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, CRS § 38-35-109.5(1) requires "Any instrument, including, but not limited
to, a resolution, ordinance, deed, conveyance document, plat, or survey, conveying the title of
real property to the state or a political subdivision shall be recorded in the office of the clerk and
recorder of the county in which such real property is situated within thirty days of such
conveyance," and
WHEREAS, CRS § 38-35-109.5(2) requires all political subdivisions of the State of
Colorado to designate "... an appropriate official or officials who shall record any instrument
conveying the title of real property to the political subdivision," and
WHEREAS, the Board of County Commissioners now deems it appropriate to designate
the Clerk to the Board of County Commissioners as the official for Weld County responsible for
compliance with the requirements of CRS § 38-35-109.5(2).
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Clerk to the Board be, and hereby is, designated as the official
for Weld County, as a political subdivision of the State of Colorado, who is responsible to record
in the office of the Weld County Clerk and Recorder any instrument conveying the title of real
property to Weld County, as required by CRS § 38-35-109.5(2).
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of May, A.D., 1997.
ty Clerk to the Board
Deputy ClerK'to the Board
APPR• D A S FORM:
unty Atti rney
ed.; OA; c2
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, 7OFtADO,
-Georg . Baxter, Chair
Cteu ance L. Harbe , Pro- m
Dal a K. Hall
A it
Barbara J. Kirkmeyer
W. H. Webster
971041
BC0026
n r.n -I
From: BRUCE BARKER
To: CHARDING, SMILLER
Date: 5/23/97 8:03am
Subject: Reso for Clerk to Board to be "Official in Charge of Filing"
Attached is the reso which designates Clerk to the Board as the person
to comply with 38-35-109.5. I have sent to you my original explanatory
memo. Please put on Agenda for May 28, 1997. Thanks, Bruce.
CLERIC
rt
9'71041
fit
lURe.
COLORADO
TO: Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
DATE: May 22, 1997
RE: Compliance with C.R.S. § 38-35-109.5(2)
House Bill 97-1610 enacted a new C.R.S. § 38-35-109.5, regarding the recording of instruments
conveying real property to public entities. A copy of that statute is attached. C.R.S. § 38-35-
109.5(2) requires each government entity to "designate an appropriate official or officials who
should record any instrument conveying the title of real property to the political subdivision." In
Weld County's case, the Clerk to the Board of County Commissioners is the appropriate official
to record any instrument conveying the title of real property to Weld County. The Clerk to the
Board is now doing this procedure and has been doing the same for many years. It is now
appropriate to officially designate the Clerk to the Board as the official to comply with the
requirements of C.R.S. § 38-35-109.5(2).
B e T. Barker
Weld County Attorney
BTB/db:Memo/BOCC/HB97-1610
OCC/HB97-1610
Attachment
pc: Don Warden
Carol Harding
971041
b 7 I s Sh Art Cte Ye Co /k -Q-.-.
C 7 i3 at tort-eu
3
is
in
.n
y
lg
t-
ot
?n
to
is
al
m
y,
ie
e -
or
qi
to
ie
ie
le
le
is
lie
ld
4
H.B. 97-1016 1997 FIRST REGULAR SESSION West's No. 32, § 3
PROPERTY -CONVEYANCE OF REAL PROPERTY TO PUBLIC
ENTITIES -RECORDING OF INSTRUMENTS
H.B. 97-1016
West's No. 32
AN ACT CONCERNING THE RECORDING OF INSTRUMENTS CONVEYING REAL PROPER-
TY TO PUBLIC ENTITIES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Article 35 of title 38, Colorado Revised Statutes, 1982 Repl.Vol., as amend-
ed, is amended BY THE ADDITION OF A NEW SECTION to read:
§ 38-35-109.5. Recording of instruments conveying real property to public entities
(1) Any instrument, including, but not limited to, a resolution, ordinance, deed, conveyance
document, plat, or survey, conveying the title of real property to the state or a political
subdivision shall be recorded in the office of the clerk and recorder of the county in which
such real property is situated within thirty days of such conveyance. If the state or a political
subdivision fails to record such instrument pursuant to this section, the state or political
subdivision shall be liable for the amount of interest incurred by the county pursuant to the
provisions of section 39-12-111, C.R.S., due to such failure to record.
(2) For purposes of satisfying the recording requirement in subsection (1) of this section,
the executive director of the appropriate state department or his or her designee shall record
any instrument conveying the title of real property to the state, and a political subdivision
shall designate an appropriate official or officials who shall record any instrument conveying
the title of real property to the political subdivision.
(3) For purposes of this section, "political subdivision" means a county, city and county,
city, town, service authority, school district, local improvement district, law enforcement
authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special
district or any other kind of municipal, quasi -municipal, or public corporation organized
pursuant to law.
SECTION 2. 38-35-109(1), Colorado Revised Statutes, 1982 Repl.Vol., as amended, is
amended to read:
§ 38-35-109. Instrument may be recorded —validity of unrecorded instruments —liabili-
ty for fraudulent documents
(1) All deeds, powers of attorney, agreements, or other instruments in writing conveying,
encumbering, or affecting the title to real property, certificates, and certified copies of orders,
judgments, and decrees of courts of record may be recorded in the office of the county clerk
and recorder of the county where such real property is situated; except that all instruments
conveying the title of real property to the state or a political subdivision shall be recorded
pursuant to section 38-35-109.5. No such unrecorded instrument or document shall be valid
against any person with any kind of rights in or to such real property who first records and
those holding rights under such person, except between the parties thereto and against those
having notice thereof prior to acquisition of such rights. This is a race -notice recording
statute. In all cases where by law an instrument may be filed in the office of a county clerk
and recorder, the filing thereof in such office shall be equivalent to the recording thereof, and
the recording thereof in the office of such county clerk and recorder shall be equivalent to the
filing thereof.
SECTION 3. Effective date —applicability. This act shall take effect July 1, 1997, and
shall apply to conveyances made to public entities on or after said date.
:Addition are Indicated by underline; deletions by strikeout 243
971041
REDEMPTION
appear satisfactory to the treasurer and upon his executing a bond with
sufficient surety that he will refund such redemption money, with twenty-five
percent per annum interest thereon, if any person thereafter shows his right
thereto, the treasurer shall pay such redemption money to the person so
executing such bond.
(Repealed and reenacted Laws 1')64, 11.B.1005, I.)
Prior Compilations: C _R 8.1963, § 137-12-10.
§39-12--111
§ 39-12--111. Land wrongfully sold —repayment
(1) When, by mistake or error of the treasurer, county clerk and recorder,
or assessor or from double assessment, a tax lien has been sold on land upon
which no tax was due at the time, the county shall reimburse the purchaser in
the amount paid by him in connection with the purchase of the tax lien on
such land, together with interest from the date of purchase at the rate which
is determined as provided in this section. Reimbursement shall be made
from the various funds to which the tax was originally distributed; except
that interest shall be paid from the county general fund. The treasurer,
county clerk and recorder, or assessor, as the case may be, and his sureties on
his official bond shall be liable to the county for such amounts reimbursed as
a result of sales made only through willful misconduct.
(2)(a) The annual rate of interest shall be two percentage points above the
discount rate, which discount rate shall be the rate of interest a commercial
bank pays to the federal reserve bank of Kansas City using a government
bond or other eligible paper as security, and shall be rounded to the nearest
full percent.
(b) Notwithstanding any other provision of this subsection (2), the rate of
interest shall be no lower than eight percent per annum compounded annual-
ly.
(3) The commissioner of banking shall establish the annual rate of interest
based upon the computation specified in subsection (2) of this section. Such
annual rate of interest shall be so established as of September I, 1981, to
become effective October 1, 1981. Thereafter, on September 1 of each year,
the annual rate of interest shall be established in the same manner, to become
effective on October 1 of the same year.
(Repealed and reenacted Laws 1964, H.B.1005, § 1. Laws 1967, H.B.1306, § 24; Laws
1969, S.B.119, § 1; Laws 1981, H.B.1183, § 2; Laws 1985, H.B.1304, § 39; Laws 1988,
S.B.184, § 28.)
Prior Compilations: C.R.S.1963, § 137-12-11.
Historical and Statutory Notes
The 1988 amendment to subset. (2) designat- points" for "nine percentage points" therein,
ed par. (a) and substituted "two percentage and added par. (b).
WESTLAW Electronic Research
See WESTLAW Electronic Research Guide following the Preface.
Notes of Decisions
Assignments 6 Construction and application I
315
971011
Hello