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Home My WebLink About992254.tiff RESOLUTION RE: APPROVE ASSIGNMENT OF TAX SALE CERTIFICATE TO WINDSOR MANOR SUBDIVISION 6TH FILING HOMEOWNERS' ASSOCIATION 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, the Board now is the owner of Tax Sale Certificate No. 19980323, which applies to Outlots A, B, and C ("the Outlots") of the Windsor Manor Subdivision 6th Filing, a Colorado non-profit corporation, in Windsor, Colorado, and is for the value of the 1997 taxes, with interest, and WHEREAS, by Quit Claim Deed recorded March 5, 1998, at Reception Number 2598259 in the Office of the Weld County Clerk and Recorder, David C. McBryde transferred ownership of the Outlots to the Windsor Manor Subdivision 6th Filing Homeowners Association, a Colorado non-profit corporation ("the Homeowners' Association"), and WHEREAS, on June 22, 1998, the Weld County Treasurer's Office removed the Outlots from the tax roll because of the ownership by the Homeowners' Association, and WHEREAS, the Homeowners' Association now desires to purchase the Tax Sale Certificate for the slam of $10.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Treasurer be, and hereby is, directed to prepare Tax Sale Certificate No. 19980323 for assignment to the Windsor Manor Subdivision 6th Filing Homeowners' Association, a Colorado non-profit corporation. BE IT FURTHER RESOLVED by the Board that the Chairman is hereby authorized to sign said assignment, if necessary, and any other associated necessary documentation to affect said assignment. 992254 A TR0018 RE: ASSIGNMENT OF TAX SALE CERTIFICATE TO VVINDSOR MANOR SUBDIVISION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of September, A.D., 1999. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Lb? !`��, ;:, EXCUSED Dale K. Hall, Chair Weld County Clerk to the` oar ■18t1 04cp XCUSED DATE OF SIGNING (AYE) '��i►`� , arbara J Kirkmeyer, Pro-Tem BY: �iJ..�� i �ef�i.. .i�'" / Deputy Clerk lo the Bo 0r\vut -24 eG orge E. axter APPROVED AS TO FORM: +� �— M. J. Gei e GkGnty Attorney ` EXCUSED DATE O SI (AYE) Glenn Vaad 992254 TR0018 eft TO: Board of Weld County Commissioners J FROM: Bruce T. Barker, Weld County Attorney WIIDDATE: August 27, 1999 C. COLORADO SUBJECT: Tax Sale Certificate No. 98/323 The Windsor Manor 6`h Subdivision, which is located in Windsor, Colorado, has three "outlots." The developer of the subdivision was Mr. David C. McBryde. The Weld County Treasurer's Office taxed Outlots A, B and C in 1997 (due January 1, 1998) while Mr. McBryde was still listed as the owner. On March 4, 1998, Mr. McBryde transferred by Quit Claim Deed ownership in the outlots to the Windsor Manor 6th Filing Homeowners Association, a Colorado non-profit corporation. On June 22, 1998, the Treasurer's staff deleted Outlots A, B and C from the tax roll, because homeowner associations are not taxed on their properties. In October, 1998, the three outlots went to tax sale for the 1997 taxes. No one purchased the tax lien and, as a result, the tax sale certificate was struck off to Weld County. The total amount due through December 30, 1998, was $125.07. On December 15, 1998, I sent a letter to Mr. McBryde explaining that the amount was still due. He finally contacted me on February 2, 1999. Attached is a memorandum which I sent to Joyce Miller of the Weld County Treasurer's Office detailing my conversation with Mr. McBryde. He promised to pay the $125.07. As of this date, however, that sum has not been received. In early August, 1999, I received a telephone call from Mr. Mitch Little. Mitch is the President of the Windsor Manor 6th Filing Homeowners Association. He asked if it would be possible to have the Board of County Commissioners transfer the certificate to the Association for a nominal sum ($10.00). He does not believe that the Association should have to pay the taxes and interest due and owing for the redemption of the out lots. He believes that Mr. McBryde should be held responsible to pay that sum. C.R.S. § 39-11-122 allows for transfer of tax sale certificates from counties to private corporations or individuals. In this instance, it is my opinion that it would be best to transfer the certificate to the Windsor Manor 6th Filing Homeowners Association for the nominal sum. We are in the awkward position of having taken the outlots off the tax roll because of the ownership by the Association, but the certificate is still outstanding. In essence, if we ask the Association to redeem the certificate, we will he asking it to pay taxes where we have already said it is not required to do so. Therefore, it makes sense to me to go ahead and transfer ownership of the certificate to the Association so that it may then apply for the deed. 992254 iBOCC, Memo .August 27, 1999 Page 2. recommend that the Board approve a resolution transferring ownership of the tax sale certificate to the Windsor Manor 6th Filing Homeowners Association. Place on Agenda Schedule For�Approval Work Session Other George Baxter Mike Geile / Dale Hall Barb Kirkmeyer ✓Glenn Vaad BreT. Barker - eld County Attorney BTB/db:M emo/BOCC/TSC98323 STO: Joyce Miller, Weld County Treasurer's Office FROM: Bruce T. Barker, Weld County Attorney C, DATE: February 3, 1999 • RE 1997 Tax Certificate - David C. McBryde COLORADO Attached is a copy of the letter which I sent to David C. McBryde on December 15, 1998, regarding Outlots A, B, and C in the Windsor Manor 6`h Subdivision, Windsor, Colorado. As you may recall, these three Outlots are the subject of Tax Sale Certificate No. 98/323. I received a phone call from Mr. McBryde on February 2, 1999. He stated that he will pay the amount, but he wanted to know what Weld County would do if he does not do so. My review of the statutes leads me to believe that we have no recourse against Mr. McBryde. It is my understanding that he transferred the ownership of the Outlots to the Windsor Manor 6th Filing Homeowners Association in March, 1998, without paying the 1997 property taxes before that transfer. The Outlots were deleted from our system in June, 1998, because the Homeowners Association is considered to be exempt. My December 15, 1998, letter was intended to put Mr. McBryde on notice and hope that he respond accordingly to what we believe is his responsibility. At this point, I see no recourse for the County against Mr. McBryde because he is no longer the owner of the Outlots, but I hope that he complies with his commitment to pay voluntarily. My recommendation is that we make sure that property taxes are paid prior to deleting outlots such as these from our system. I think we can honor the exemption only after all of the property taxes are paid in full. I mentioned this to Mr. McBryde and he agreed. He also agreed to contact the Assessor's Office in the future if he develops properties where outlots will be created, so that the values of the outlots can be determined and dealt with up front. Please feel free to call me at extension 4390-if yO s177d)s e any questions. /' ce T. Barker Weld County Attorney BTB/db:Memo/McBryde Attachment pc: Don Warden Kit6 OFFICE OF COUNTY ATTORNEY j PHONE (970) 356-4000 EXT.4391 FAX (970) 352-0242 915 TENTH STREET P.O. BOX 1948 111 D' GREiELEY, CO 80632 C December 15, 1998 COLORADO David C. McBryde 1200 W. Ash#A Windsor, CO 80550 RE: Tax Certificate for 1997 Property Taxes on Real Property Located in Windsor, Colorado Dear Mr. McBryde: It has been brought to my attention that the 1997 property taxes for Outlots A, B and C in the Windsor Manor 6'" Subdivision, Windsor, Colorado, have not been paid as of this date. The property went to tax sale in October, 1998, which resulted in Tax Sale Certificate No. 98/323. The Certificate was struck off to Weld County. The total amount of taxes due on all three lots, including interest through December 30, 1998, is $120.07. It is my understanding that you were the owner of all three Outlots until you transferred ownership to the Windsor Manor Sixth Filing Homeowners Association on March 4, 1998. Therefore, you were the owner of the Outlots for the entire year of 1997, for which the taxes are still due and payable. I respectfully request that you pay the full amount of taxes and interest due in the sum of$125.07 to the Weld County Treasurer's Office on or prior to December 30th. If you should have any questions regarding this letter, please feel free to call me at (970) 356-4000, extension 4390. Sincerely, Bruce T. Barker Weld County Attorney BTB/db:Let/McBryde pc: Joyce Miller Report Date: 12/15/98 09:3BAM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1250197 ASSESSED TO: MC BRYDE DAVID C 1200W ASH#A WINDSOR, CO 80550 LEGAL DESCRIPTION: WIN 6WM OUTLOTS A-B-C WINDSOR MANOR 6TH PARCEL: 080717311032 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE 1997 19980323 109.51 2.56 13.00 125.07 TOTAL STATEMENT 125.07 GRAND TOTAL DUE GOOD THROUGH 12/30/1998 125.07 ORIGINAL TAX BILLING FOR 1997 TAX DISTRICT 0421 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 19.40 Land 3035 880 SCHOOL DIST RE4 51.160 45.02 Exempt 0 0 NCW WATER 1.000 0.88 Improve 0 0 NWC WATER 0.000 0.00 --------- ------- --------- WINDSOR 15.100 13.29 Total 3035 880 WINDSOR SEVER FIRE 3.149 2.77 AIMS JUNIOR COL 6.322 5.56 WINDSOR LIBRARY 2.664 2.34 101.433 89.26 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Tax Lie Sale Certificate of r.archase Weld County,Colorado Treasurer's Office Year: 1997 Date: November 5, 19'98 Interest Rate: 14 Percent I HEREBY CERTIFY,That at Tax Lien Sale, situated in Weld County,State of Colorado,for Delinquent Taxes for the year 1997, at The Weld County Centennial Building, 915 10th Street, Greeley,CO, on November 5, 1998, in accordance with the Law, a Tax Lien on the Tract hereinafter described,was sold to the purchaser indicated below for the"CERTIFICATE TOTAL" being the amount of taxes on the whole of said real estate and for which the purchaser is to receive interest until redemption at the maximum statutory rate indicated. Purchaser: WELD COUNTY Account: • Parcel: Certificate:` 99999 R1250197 19980323 Legal Description: Assessed To: MC BRYDE DAVID C WIN 6WM OUTLOtS A-B-C WINDSOR MANOR 6TH TAX AMOUNT 89.26 E : INTEREST 6.25 ADVERTISING 10.00 TAX CERT. FEE 4.00 CERTIFICATE TOTAL 109.51 ENDORSEMENTS -- j i I ' Tax Year Payment Date Tax interest Fees !Total Paid Schedule No. ;Current Owner• • • _. IN WITNESS WHEREOF, ve hereunto set my hand and seal • �. TREASURER by DEPUTY A.D. 19 FOR VALUE RECEIVED, I hereby assign all of the right,title and interest of in and to the within certificate and to the lands herein described to This Certificate surrendered and$_ redemption money paid to • A.D. 19 By COUNTY TREASURER DEPUTY A.D. 19 This Certificate surrendered and oeed made to By COUNTY TREASURER DEPUTY Recorded at —o'clock M 11111th 1111111111111111 11111 MI 11111111111111 2598259 03/05/1098 04:13P Wald County CO 1 of 1 R 5.00 D 0.00 JA Suitt Taukamoto QUITCLAIM DEED THIS DEED, Made this 4th day of March , 19 98 , between David C. McBryde of the "County of Weld and State of Colorado,grantor, and ' Windsor. Manor Sixth. Filing Homeowner's. As_sociation,. a Co tado. non-profit corpora ion Ca oloration duly organ'�,zed and cx'rantee,ng 'twhderose legal address y virtue of the is laws 205fSequoia, 411ndsor, CO 80550 Colorado g • Ten and Other Good and Valuable -1 CV WITNESS,That the grantor,for and in consideration of the sum of DOLLARS, Considerations and by these the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIICLAIMED, -.,,i presents does remise,release,sell and QUITCLAIM unto the grantee,its successors and assigns forever,all the right,title,interest, f if ying claim and demand which the grantor has in and to the real property,together with Weld improvements,an State i any, oratua ldescribed asand being in —.3the •County of i Outlots A, B and C, Windsor Manor Subdivision Sixth Filing, a subdivisi.on of 0 i the Town of Windsor, County of Weld, State of Colorado GL/VC a _______ h-' 4Lrej cy . ' t,) � �. 116) 5 -' ' I �9� 0,60-ivi I) 61 also known by street and number as 1/f keh` " /� -f p assessor's schedule or parcel number, � � WI r 11/I� belonging, or in TO HAVE AND TO HOLD the same,together with all and singular 11 v or g.to the anywise thereunto appertaining,and all the estate,right,title,interest and c. only proper use,benefit and behoof of the grantee,its successors and assigns forever.The singular number shall include the plural,the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,The grantor has executed this deed ri—rTiliettet f th a ove. 1 David C. McBryde vj STATE OF COLORADO ss. County of Weld The foregoing instrument was acknowledged before Inc this 4th day of March , 19 98 by David C. McBryde s:9u; ry hand and duel'I SC My commission expires //-/5 / ^ Y"�r:,..>+�r on,Public 1r LOCH `If in Denver, iusnn"City: d." �ARELLr P blIc • b otary Description l9 38-33106.5.C.RS.) _,__ Kvrur vn:%�dG:w o(Pcrson Gwtint Newly CrmtN Legal 7-7 No.522.Rev.+94. qu TC)A I lI1 Dean(to Corporation) i.rzdgrd Publihring.::1:!L'/.:;5;.,Der.v.n;CO 50201—O031 192-2501—4-95 Hello