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Home My WebLink AboutBOCC.packet 05 28 2014 - Tax Lien BaccaAGENDA ITEM SUMMARY REGULAR MEETING DATE: AGENDA ITEM TITLE: May 28, 2014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING A REQUEST FOR A TREASURER'S (TAX) DEED ON A COUNTY - HELD TAX CERTIFICATE AND DIRECTING THE TREASURER TO ISSUE SAID DEED STAFF RESPONSIBLE: John Ely, County Attorney ISSUE STATEMENT: This is the second reading and public hearing of an ordinance authorizing a request for a tax deed on a County -held tax certificate and directing the Pitkin County Treasurer to issue said deed. BACKGROUND: C.R.S § 39-11-142 allows the Board of County Commissioners to apply for and receive a tax deed in like manner as is provided by law in the case of delinquent tax sales certificates held by individuals in all cases where a tax lien on real estate has been struck off to the county at tax sales and the county has held the certificate of sale for three years or more. At an annual sale of real property for delinquent taxes for the year 1997, commencing on November 5, 1998 and closing on November 9, 1998, property owned by Bert Bacca consisting of minerals and mineral rights and interests, more specifically described in Exhibit "A" to the Ordinance, after proper notice of delinquent taxes to the owner and publication as required by C.R.S. § 39-11-102 and there being no bidder at the close of the sale and the treasurer then satisfied that no more sales could be effected, was struck to Pitkin County. The BOCC desires to exercise its right to apply for and receive a tax deed for this property interest. The County Treasurer shall comply with all provisions of the statutes prescribing prerequisites to an application by the County for this tax deed and upon the requirements being entirely satisfied and there being no redemption of the property interest as provided by law, is directed to issue a tax deed to the County. LINK TO STRATEGIC PLAN: Preservation of lands for public open space, eliminating development on parcels where development may be allowable. BUDGETARY IMPACT: Loss of minimal tax revenue as evidenced by the attached assessor's tax summary statement RECOMMENDED BOCC ACTION: Adopt Ordinance 1 ATTACHMENTS: Ordinance and Exhibit "A"; Pitkin County Assessor's tax summary statement, map depicting property location 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING A REQUEST FOR A TREASURER'S (TAX) DEED ON A COUNTY -HELD TAX CERTIFICATE AND DIRECTING THE TREASURER TO ISSUE SAID DEED ORDINANCE NO. -2014 RECITALS 1. C.R.S § 39-11-142 allows the Board of County Commissioners to apply for and receive a tax deed in like manner as is provided by law in the case of delinquent tax sales certificates held by individuals in all cases where a tax lien on real estate has been struck off to the county at tax sales and the county has held the certificate of sale for three years or more. 2. At an annual sale of real property for delinquent taxes for the year 1997, commencing on November 5, 1998 and closing on November 9, 1998, property owned by Bert Bacca consisting of minerals and mineral rights and interests, more specifically described in Exhibit "A" attached hereto, after proper notice of delinquent taxes to the owner and publication as required by C.R.S. § 39-11-102 and there being no bidder at the close of the sale and the treasurer then satisfied that no more sales could be effected, was struck to Pitkin County. 3. The following Tax Lien Certificate was issued to the County: Certificate Number 19980011. 4. The BOCC desires to exercise its right to apply for and receive a tax deed to this property interest. 5. The County Treasurer shall comply with all provisions of the statutes prescribing prerequisites to an application from the County for this tax deed and upon the requirements being entirely satisfied and there being no redemption of the property as provided by law, is directed to issue the County a tax deed to the property. 6. Upon receipt of the tax deed, the property will be maintained as public open space. 7. The BOCC finds that adoption of this ordinance is in the best interest of the public health, safety and welfare of the citizens of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that: 1. The County has held Tax Lien Certificate Number 19980011 since November 9, 1998. 2. The Chair or Chair's designee hereby requests that a tax deed be issued to the County for the property interest corresponding to this Tax Lien Certificate. 3. The County Treasurer having complied with all provisions of the statutes prescribing prerequisites to obtaining this tax deed and there being no redemption as provided by law, is directed to issue a tax deed to the County for the property. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 14TH DAY OF MAY 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON MAY 15, 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE 16TH DAY OF MAY 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 28TH DAY OF MAY 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2014. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE DAY OF 2014. THIS ORDINANCE IS EFFECTIVE ON MAY 28, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones Robert A. Ittner, Jr., Chair Deputy County Clerk Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager 2 Schedule Certificate Year Assessed Owner at the Number Number Sold Description of Property Time of Sale ALL MINERALS & MINERAL RIGHTS & INTERESTS LYING IN UPON OR UNDER THE FOLLOWING DESC LAND IN W2NW4 E2NE4 SW4 SE4 SEC 14-8-89 SE4 W2NE4 N2NW4 SEC 15-8-89 NE4NE4 SEC 16-8-89 E2 SEC 22-8-89 ALL OF SEC 23-8-89 W2SW4 OF SEC 25-8-89 W2 SE4 NW4NE4 OF SEC 26-8-89 E2 SEC 27-8-89 NE4 E2NW4 SEC 34-8-89 NW4 W2NE4 SEC 35- 8-89 SUBJECT TO EXISTING R-O W R015489 19980011 1998 EASEMENTS ETC Bacca, Bert 67/1751 `+�P[k� Co Ils�ssar Ac�aunt'R015,,8� Wanking Year: 2014 Home I Account Search' : Account R0154B9 Summary Atsaunt .i Owners Models i.1 Documents Parcel Plumber246123130012 Tax Area 019 - 3T12-1W - 019 Sltus Address THOMPSON CREEK 'Legal Summary ALL MINERALS & MINERAL RIGHTS & MTERESTS LYING B4 UPON OR UNDER THE EOLLOWING DESC LAND Di W2NW4 E2NE4 SW4 SE-4 SEC 14.6-89 5E4 W2NE4 N2NW4 SEC 15-8-89 NE4NE4 SEC 16.6-69 E2 SEC 22-6-69 ALL OF SEC 23-B-B9 W25W4 OF SEC 25-e-89 W2 SE4 NW4NE4 OF SEC 261-69 E2 SEC 27-B-B9 NE4 E2NW4 SEC 34.8-89 NW4 W2NE4 SEC 35-6-89 S1J93ECT TO EXLS ING R-O,W EASEMENTS ETC Subdvkion Discount +Leo BA Cods Code 501 - NO ADVjD15T/SkLE total ketd:yMa -._. Photo Ski ristard ks of Mar 13, 2D141 Map Sales L:, Value LI Tax Owner Karim BACCA BERT ESTATE OF 66/1751 NT OWnerAddress C/O ESTHER 7AME311 619 DAISY Ct' REDLANDS, CA 92374-4102 H 1 0. ) j 4:15 PM ale Q • ceue finer: Creek )m • Certificate Number: 19980011 Year S.a!d: 1998 ect:on: LL R!LS IIIRERALR7GHTSS & INTERESTS LYING INUPON OR UNDER THE FOLLOWING DESC LAND IN W2NW4 E2NE4 SW4 SE4 SEC 14-8-89 SE4 W2NE4 N2NW4 SEC 115-8-89 NE4NE4 SEC 16-8-89 E2 SEC 22-8-89 ALL OF SEC 23-8-89 W2SW4 OF SEC 25-8-89 W2 SE4 NW4NE4 OF SEC 26-8-89 E2 SEC 27-8 89 NE4 • E2NW4 SEC 34-8-89 NW4 W2NE4 SEC 35-8-89 SUBJECT TO EXISTING R-O W EASEMENTS LTC Assessed Owner at the time of sale: Bacca Bert 67/1751 IIMINIED ***NOTE*** This account repres is sPered mineral rights, for which there are dozens of owners. The Parcel ID is 246123100012 and the surface rights to it are owned under Account No. R007660. kis on Th ps Cr k Road, $n the Thompson (Creek area. TWIN v*-14c5 Drives Roads Structures in Parcel Boundaries Lakes/Ponds Forest/BLM/State Land Type United States Forest Service Bureau of Land Management State of Colorado S • 1Fe°t 2,200 4,400 1 inch = 5,000 feet Schedule Number: R015489 Map Produced:. February 4; 2014 nw r.*., nc..r.w-.Iww..moI, NII�!.P!Y�M r.l mpool,ani iM.nv.ry mAM•p� a «+niwMYn ..1,.