The URL can be used to link to this page

Home My WebLink AboutR12-014 Abatement Settlement Recommendation Commissioner 4')1- L " --1 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 2012 - 0 1'- 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 Z 1 day of CIChI2Vlo- 12. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BO • ' D OF COUNTY COMMISSIONERS / BY: , 777 Peter F. Runyon, , an ATTEST: o f EAG il • .. = y , o vney, Commissioner s[ i . .ter * 1 Tea J. Simon Vin, Clerk to the C OR.ADQ 114_ fA,, Board of Count s Sara J. Fisher, Commissioner Commissioner - C 4 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon 14-tA " Commissioner Jon Stavney a's Commissioner Sara J. Fisher 1/4-1. ti 5 / This Resolution passed by U 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: R064126 STIPULATION ON PETITION FOR ABATEMENT OR REFUND OF TAXES (As to Tax Year(s) 2009 and 2010) Petitioner, Minturn 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: Baldauf Addition, Block 3, pt Lot 22 & 23 2. The County Assessor originally assigned the following value and classification to the subj ect property for tax year 2009 and 2010: 2009 2010 Actual Value: $2,225,430 $833,610 Classification: Res & Vacant Res Assessment Rate: 7.96 %, 29% 7.96% Assessed Value: $448,450 $66,360 3. After review and negotiation, Petitioner(s) and the Eagle County Assessor agree that the following tax years (s) 2009 and 2010 correction is warranted resulting in the following' correction: 2009 2010 Actual Value $833,610 $833,610 Classification: Residential Residential Assessment Rate 7.96% 7.96% Assessed Value $66,360 $66,360 EXHIBIT . s 4. Brief narrative as to why the correction should be made: The RBLA Subdivision was formally extinguished due to the lack of installing public improvements in a timely manner per Minturn Municipal Code. Therefore. the lot lines and acreage reverted back to the original McFarlane Minor Lot 1 as shown on the plat map. An abatement is granted for tax year 2009 but no changes for 2010. 5. Subject to the State Property Administrator's approval as may be required by the terns 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 ten 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). T Da • this ID day of- 012. OP / Petitioner / C -n Mark Chapin, Co,wity Ass or Address Or his designeeNWLAa. iY1 Phone F.O. Box 850 Eagle, Colorado 81631 (970) 328 -8640 Eagle County Schedule Number R064126 •