HomeMy WebLinkAbout951055.tiffRESOLUTION
RE: APPROVE ORDER FOR PAYMENT OF REDEMPTION PAID AND RESCISSION OF
PREVIOUS ORDER FOR ISSUANCE OF TREASURER'S DEED
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, on the 1st day of May, 1995, the Board considered a request from Arthur L.
Willis, II, Weld County Treasurer, and James P. Boyle, Trustee, Myrtle V. Boyle Irrevocable Trust,
concerning the loss of Tax Sale Certificate #91-00895/91, and approved, by Resolution dated
May 1, 1995, the Order for Issuance of Treasurer's Deed for Myrtle V. Boyle Irrevocable Trust,
pursuant to Section 39-11-120(1), CRS, for Parcel #1131117002010, and
WHEREAS, on May 22, 1995, the County Attorney informed the Board that said order was
in error and presented the Board with an Order for Payment of Redemption Paid and Rescission
of Previous Order for Issuance of Treasurer's Deed and an Affidavit signed by the Treasurer, and
WHEREAS, after hearing said evidence and upon the recommendation of the Treasurer and
County Attorney, the Board deems it advisable to approve said Order for Payment of Redemption
Paid and Rescission of Previous Order for Issuance of Treasurer's Deed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Order for Payment of Redemption Paid and Rescission of Previous
Order for Issuance of Treasurer's Deed for Myrtle V. Boyle Irrevocable Trust be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Weld County Treasurer be, and hereby
is, ordered to pay to the Myrtle V. Boyle Irrevocable Trust the redemption paid for Tax Sale
Certificate 91-00895/91 in the sum of $1,595.39.
BE IT FURTHER RESOLVED by the Board that Resolution #950958 and the Order for
Issuance of Treasurer's Deed, pursuant to Section 39-11-120(1), CRS, dated May 1, 1995, and
recorded at Book 1491, Reception Number 2437263, in the Office of the Weld County Clerk and
Recorder, be, and hereby are, rescinded.
951055
ea: 7e) .a y/e TR0015
RE: ORDER FOR PAYMENT AND RESCISSION OF PREVIOUS ORDER - BOYLE TRUST
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of May, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WLp COUNTY, COLORADO
eputy Cle J o the Board
AP' ' • v D AS TO FM:
u ty Attorney
Dale K.//Hall,
•• Chairman
,e/L,
arbJ. Kirkmeyer„Pro-T
/George (Baxter
87^,SXO.4te--e-d
Constance L. Harbert
W. H. Webster
951055
TR0015
ORDER FOR PAYMENT OF REDEMPTION PAID
AND RESCISSION OF PREVIOUS ORDER FOR ISSUANCE
OF TREASURER'S DEED
On May 1, 1995 the Board of County Commissioners of the County of Weld, State of Colorado,
issued an Order for Issuance of Treasurer's Deed, Pursuant to Section 39-11-120(1), C.R.S., to the
Weld County Treasurer for the issuance of a Tax Deed for Parcel I131117002010 to the Myrtle V.
Boyle Irrevocable Trust. This order was based upon the Affidavit from James P. Boyle, Trustee,
Myrtle V. Boyle Irrevocable Trust, which stated that the Trust had previously been in possession
of and had lost Tax Sale Certificate 91-00895/91 and that said Certificate had not been redeemed by
the owner of the property.
Upon reviewing the Affidavit of the Weld County Treasurer, a copy of which is attached, the Board
of County Commissioners hereby finds that Tax Sale Certificate 91-00895/91 was redeemed on
March 28, 1995 in the sum of $1,595.39 and, therefore, no Tax Deed may be issued to the Myrtle
V. Boyle Irrevocable Trust. The Board's Order of May 1, 1995, was in error.
Now, therefore, the Board of County Commissioners hereby orders that the Weld County Treasurer
pay to the Myrtle V. Boyle Irrevocable Trust the redemption paid for Tax Sale Certificate
91-00895/91 in the sum of $1,595.39. The Board rescinds its Order for Issuance of Treasurer's
Deed, Pursuant to Section 39-11-120(1), C.R.S., dated May 1, 1995 and which is recorded at book
1491, Reception Number 2437263, in the Office of the Weld County Clerk and Recorder.
DATED: May 22, 1995
THE BOARD OF
COMMISSIONERS
k to the Board
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
Dale K. Hall, Chairman
Barbara J. Kirkmeler�
G L -
Georg Baxter
Constance L. Harbert
/ Lily)-!^2�
W. H. Webster
2440901 B-1494 P-577 06/02/95 02:26P PG 1 OF 2
Weld County CO Clerk & Recorder
REC DOC
0.00
951055
My Comm. Expires Oct. 7.1996
AFFIDAVIT
THE AFFIANT herein, Arthur L. Willis, II, Weld County Treasurer, being duly sworn upon
oath, states as follows:
1. That on May 1, 1995 the Board of County Commissioners of the County of Weld,
State of Colorado, issued an Order for the Issuance of Treasurer's Deed, Pursuant to
Section 39-11-120(1), C.R.S., a copy of which is attached hereto. Said Order
requires the Weld County Treasurer to issue a Tax Deed for Parcel I131117002010
to the Myrtle V. Boyle Irrevocable Trust. Said Order was based upon an Affidavit
signed by James P. Boyle, Trustee, Myrtle V. Boyle Irrevocable Trust, which stated
that no redemption had been made by the owner of the property.
2. That the information contained in Mr. Boyle's Affidavit is incorrect. Redemption
for Parcel I131117002010 was paid to the Weld County Treasurer on March 28, 1995
in the sum of $1,595.39.
3. That the Board's Order for the Issuance of Treasurer's Deed, Pursuant to Section 39-
11-120(1), C.R.S., dated May 1, 1995, was erroneously issued. Instead, the Board
should order the Weld County Treasurer to pay over the sum of $1,595.39 to James
P. Boyle, Trustee, Myrtle V. Boyle Irrevocable Trust.
Further, the Affiant sayeth naught.
hur L. Willis, II
Weld County, Treasurer
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /6/ day of May, 1995, by
Arthur L. Willis, II, Weld County Treasurer.
on expires f cr try , 19 99,. Witness my hand and official seal.
lam\ C'i �c.e Jc
Notary Public
2440901 B-1494 P-577 06/02/95 02:26P PG 2 OF 2
951955
Hello