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RES 1988-07 TAX DEED TO WB DALY � r r RESOLUTION NO. 7 -88 WHEREAS, Jefferson County acquired certain mining claims, located in Jefferson County, Montana, including the Peggy Stewart, the Molly Stark, and the Mollie Stark No. 2 (Mineral Survey Nos. 5506, 5507, and 5509, respectively), by tax deed on or about January 15, 1929, pursuant to tax sale Certificate No. 2594; and, WHEREAS, on or about December 4, 1933, the Board of County Commissioners of Jefferson County decided "to sell to W. B. Daly" the said mining claims "for the sum of $50.00 "; and, WHEREAS, during the month of December, 1933, it appears that the sum of $50.00 was paid to Jefferson County by a person whose name does not appear from the record of such payment (reference being made to Receipt No. A -101, 1752), said payment being the only payment for that amount made during the month of December, 1933, or for a reasonable time thereafter; and, WHEREAS, Jefferson County thereafter changed its tax records to reflect that W. B. Daly was the owner of the claims and sent annual notices of taxes due to W. B. Daly and various corporate successors in interest, all of which persons and enterprises have duly and regularly paid the real property taxes on the subject mining claims since 1933; and, WHEREAS, it appears that Jefferson County may have executed and delivered a tax deed or other deed to the mining claims to the said W. B. Daly, but that the same has since become lost prior to recordation in Jefferson County; and, WHEREAS, if such a deed was not in fact executed and delivered, then the same should have been so executed and delivered in such a fashion as to transfer such right, title and interest, as Jefferson County then possessed, to the subject mining claims to W. B. Daly; and, WHEREAS, the Jefferson County Attorney has reviewed its records and various abstracts of research conducted by others, and it appearing on the basis of the record that W. B. Daly and/or his successors in interest would be entitled to entry of a judgment compelling Jefferson County to execute and deliver an appropriate deed, conveying thereby such right, title and interest as said County possessed on December 4, 1933; and with it further being fair and equitable that Jefferson County should do so since it has collected taxes on the subject mining claims from W. B. Daly and his successors in interest for a period in excess of fifty (50) years, and since it has until recently acted as if said persons and firms were the owners of the claims; NOW, THEREFORE, BE IT RESOLVED that Jefferson County shall issue an appropriate tax deed or quitclaim deed to W. B. Daly, conveying thereby all such right, title and interest, to the Peggy Stewart, Molly Stark, and Molly Stark No. 2, as Jefferson County may have lawfully possessed on December 4, 1933. DATED this 27 day of f)L , 1988. Jefferson County Board of Commissioners Chair C missioner Co i ioner ATTEST: __ -2-