HomeMy WebLinkAboutR11-065 Abatement Settlements Commissioner - moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
Resolution No. 2011 - ((9
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 property 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 ? 4 day of 3 'J Ulm , 2011.
COUNTY OF EAGLE, STATE OF COLORADO
BY AND THROUGH ITS BOARD OF COUNTY
COMA SIONERS
An
BY:�
u
en Stavney,
ATTEST:
r ° I Peter F. Runyon, Commissioner
Teak J. Simont• r, Clerk to th
Board of County Commissioners Sara J. Fisher, ommissioner
Commissioner ''`-` -� L seconded adoption of the foregoing resolution. The roll having
been called, the vote was as 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: R043761
STIPULATION ON PETITION FOR ABATEMENT OR REFUND OF TAXES (As to Tax
Year(s) 2009 and 2010)
Petitioner,
335 Elkhorn LLC
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: 000335 Elkhorn, .
Beaver Creek Area.
2. The County Assessor originally assigned the following value and
classification to the subject property for tax year 2009 and 2010:
2009 2010
Actual Value: $4,480,000 $4,480,000
Classification: Residential Residential
Assessment Rate: 29% 29%
Assessed Value: $1,299,200 $1,299,200
3. After review and negotiation, Petitioner(s) and the Eagle County Assessor
agree that the following tax year(s) 2009 and 2010 correction is warranted resulting in the
following correction:
2009 2010
Actual Value $3,830,000 $3,830,000
Classification: Residential Residential
Assessment Rate 29% 29%
Assessed Value $1,110,700 $1,110,700
EXHIBIT
I
4. Brief narrative as to why the correction should be made: Historical sales from
2003 and 2005 of the subject property and Comparable one at 2139 Daybreak Ridge show
that the subject has sold for 34%-47% less. Reducing the sale price of this Comparable one
by 34% brings a supportable value of $3,830,000 for the subject.
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 and 2010.
6. Petitioner acknowledges and agrees that an opportunity for a hearing has been
provided; that being fully advised, the Petitioner 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 oft 1 , 2011.
,A1 Aral
Petitioner t !r ark Chapin, County Assessor
Address Or his designee
Phon
1 =` vti ), (. e v 6 3 2 _ P.O. Box 850
(9 7 6 179/ Eagle, Colorado 81631
(970) 328 -8640
Eagle County Schedule Number R043761
