HomeMy WebLinkAboutR11-018 Abatement Settlement Recommendations Commissioner 1� 6)1 moved adoption .
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
Resolution No. 2011 - 0/5
RESOLUTION CONCERNING THE ABATEMENT SETTLEMENT
RECOMMENDATIONS OF THE EAGLE COUNTY ASSESSOR'S OFFICE
WHEREAS, the Board of County Commissioners for Eagle County, Colorado (hereinafter
referred to as the "Board ") is responsible for hearing petitions for refund or abatement of roe
P p rtY taxes
pursuant to C.R.S. §§ 39 -1 -113 and 39 -10 -114; and
WHEREAS, various petitions for abatement have been submitted to the Board by taxpayers for
the purposes of correcting erroneous valuations for assessment, irregularity in levying, clerical errors and /or
overvaluations discovered by the Assessor; and
WHEREAS, said petitions have been previously submitted to the Eagle County Assessor (the
"Assessor ") for consideration and recommendation; and
WHEREAS, the taxpayers have had an opportunity to review the Assessor's recommendations on
such petitions and the taxpayers, by the stipulation agreements attached hereto as Exhibit "A" and
incorporated herein by this reference, have indicated that they agree with the Assessor's recommendations;
and
WHEREAS, the Board has also considered the recommendations of the Assessor and approves of
the stipulation agreements as set forth in the attached Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Eagle
County, Colorado,
THAT, the Board hereby approves the recommendations of the Assessor and enters orders with
respect to the petitions for abatement in accordance with the Assessor's recommendations and resulting
stipulation agreements for the schedule numbers, the tax years and for the reasons as set forth in the attached
Exhibit "A."
THAT, for each order issued by the Board in which an adjustment to the respective Petitioners'
valuation is indicated, subject to approval by the State Property Tax Administrator where required by the
terms of C.R.S. § 39- 1- 113(3), the Board directs the Assessor to adjust the valuation or take such other action
as more particularly set forth in the recommendations set forth and attached hereto as Exhibit "A."
•
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado at its regular meeting held the 62day of 26figz 2011.
COUNTY OF EAGLE, STATE OF COLORADO
BY AND THROUGH ITS BOARD OF COUNTY
COMMISSIONERS
BY:
Jon Stavney, Chai
ATTEST:
Peter F. Runyon, Commissioner
r.L s,, ,,
Teak J. Simonton, Clerk to t• d c • • ,
Board of County Commissioner Sara J. Fisher, Com 'issioner
Commissioner seconded adoption of the foregoing resolution. The roll having
been called, the vote was a follows:
Commissioner Jon Stavney
Commissioner Peter F. Runyon
Commissioner Sara J. Fisher
This Resolution passed by � vote of the Board of County Commissioner of the County of
Eagle, State of Colorado.
2
BOARD OF EAGLE COUNTY COMMISSIONERS
STATE OF COLORADO, COUNTY OF EAGLE
Eagle County Schedule Number: R017927
STIPULATION ON PETITION FOR ABATEMENT OR REFUND OF TAXES (As to Tax
Year(s) 2009)
Petitioner,
James Errant Revocable Trust / Roger Pack - Agent
vs.
EAGLE COUNTY ASSESSOR
Respondent.
Petitioner and Respondent hereby enter into this Stipulation regarding Petitioner's
•
petition for abatement/refund of taxes, and subject to the State Property Administrator's
approval as may be required by the terms of C.R.S. § 39- 1-113(3), jointly move the Eagle
County Board of County Commissioners to enter its decision based on this stipulation.
Petitioner and Respondent agree and stipulate as follows:
1. The property subject to this stipulation is described as:
427 Pilgrim Drive
Edwards, CO
2. The County Assessor originally assigned the following value and
classification to the subject property for tax year 2009:
Actual Value: $4,196,680
Classification: Residential
Assessment Rate: 7.96%
Assessed Value: $334,050
3. After review and negotiation, Petitioner(s) and the Eagle County Assessor
agree that the following tax year 2009 correction is warranted, resulting in the following
correction:
Actual Value $3,640,000
• Classification: Residential
Assessment Rate 7.96%
Assessed Value $289,740
EXHIBIT
•
4. Brief narrative as to why the correction should be made: The above described
property was appealed to arbitration in 2010. The hearing officer made the decision to lower
the value on this parcel for the 2010 tax year. According to sated stature, the valuation must
be the same for 2009 and 2010 unless there are unusual conditions such as remodel, change
in use of new construction. The square footage is larger in 2010 than 2009 due to a remodel
and addition. The recommended value on this abatement is based on the price per square
foot that was granted by the hearing officer in 2010, with adjustments made for the smaller
size in 2009. The recommended value has also been agreed upon by the petitioner and his
agent. '
5. Subject to the State Property Administrator's approval as may be required by
the terms of C.R.S. § 39- 1- 113(3), the valuation, as established above, shall be binding only
with respect to tax year 2009.
6. Petitioner acknowledges and agrees that an opportunity for a hearing has been
provided; that being full
P � advised, the Peti
� Y toner waives the right to such hearing as a result
of the Agreement contained herein; and that if the abatement or refund agreed hereunder
exceeds the amount of one thousand dollars, that this Agreement shall be contingent upon
approval of the State Property Administrator's approval in accordance with C.R.S. § 39 -1-
114(3).
Dated this day of C L cx 1, 2011.
F4
Petitioner Mark Chapin, County Assesso
Address
Phone :. Or his designee %-"V� Jt1„ � ,• t.tk,AA46
/} / 1 / P.O. Box 850
Eagle, Colorado 81631
(970) 328-8640
Eagle County Schedule Number: R017927
