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HomeMy WebLinkAboutR13-052 abatement settlement recommendationst $ Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 2013 - 6c, 7 , - 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 ( day of , 2013. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS A) • ,'. M ! ATTEST: * Sara J for Wpv Teak J..Simontdh, Clerk to t Board of County Commissioners J H. Ryan, Commissioner Commissioner �°—� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stavney Commissioner Fisher Commissioner Ryan This Resolution passed by vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 2 MAY 2 3 2013 EAGLE COUNTY ASSESSOR BOARD OF EAGLE COUNTY COMMISSIONERS STATE OF COLORADO, COUNTY OF EAGLE Eagle County Schedule Number: R045176 STIPULATION ON PETITION FOR ABATEMENT OR RAND OF TTAxES (As to Tax Year 2012) Petitioner, SA Challenger, C/O Duff and Phelps VS. 1�Te�i1 t iii � Respondent. Petitioner and Respondent hereby enter into this Stipulation regarding Petitioner's petition for abatement/refund of takes, and subject to the State Property Administrators 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: Eagle Lodge and Suites 000200 LOREN LN Eagle, CO 81631 Legal: Subdivision: LOWE SUBDIVISION Lot: 1 2. The County Assessor originally assigned the following value and classification to the subject property for tax year 2012: Actual Value: Classification: Assessment Rate: Assessed Value: 2012 $4,140,000 2215 - Lodging 29 %® $1,200,600 3. After review and negotiation, Petitioner(s) and the Eagle County Assessor agree that the following tax year 2012 correction is warranted resulting in the following correction: Actual Value: Classification: Assessment Rate: Assessed Value: 2012 $2,396,840 2215 - Lodging 29% $695,080 EXH BIT 4. Brief narrative as to why the correction should be made; The petitioner acquired the property by foreclosure sale on July 31, 2012. The subject property is a 100 -room hotel. In late 2014 (and since to present), water damage reduced the hotel to operating with Q rooms. A fee appraisal was provided by the appealing agent (dated August 1, -01 -2). After analyzing the report, the market approach and income approach support a value for the subject of $2,500,000, less personal property. The appraisal estimates the subject's personal property value at $175,000. The 2012 personal property value as reported to the Eagle County Assessor's Office (Acct P004871) is $103,160. Therefore, the 2012 corrected real property value is $2,500,000 less $103,160 equals $2,396,840. 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 2012. 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). Dated this '7 day of , 2013, Pe i i er: SA Challenger, C/O Duff and Phelps Address: 120017` St, Ste 990 Denver, CO 80202 Phone: 303 - 749 -9025 Mark Cha in, County sessor Or his designee P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8640 - Eagle County Schedule Number R045176 --