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HomeMy WebLinkAboutR21-048 Concerning Taxpayer Generated Petition for Abatement and Refund of Taxes-Vail Mt View Residences Phase II LLC DocuSign Envelope ID:CB3DC906-973C-4FC5-B06A-BC0332B1D6E8 Commissioner McQueeney moved adoption Of the following Resolution: . BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No.2021 - 048 RESOLUTION CONCERNING TAXPAYER GENERATED PETITION FOR ABATEMENT AND REFUND OF TAXES BEFORE THE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS 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, a petition for abatement has been submitted to the Board by the taxpayer for the purposes of correcting alleged erroneous valuation for assessment, irregularity in levying, clerical errors and/or overvaluation; and WHEREAS, said petition has been previously submitted to the Eagle County Assessor (the "Assessor") for consideration and recommendation; and WHEREAS,the Assessor has submitted his recommendation to the Board for its final decision, the Board has considered such recommendation and such recommendation is attached hereto as Exhibit "A" and incorporated herein by this reference. WHEREAS, the Petitioner's agent failed to respond to inquiries regarding setting a hearing, and therefore the Board presumes Petitioner seeks an administrative denial of the petition for abatement and refund of taxes without a hearing; and NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Eagle County, Colorado: THAT, the Board hereby approves the recommendation of the Assessor for the schedule number, the tax year and for the reason set forth in Exhibit "A" and enters an order with respect to the petition for abatement in accordance with such recommendation. BE IT FURTHER RESOLVED that a petition denied, in whole or in part, by the Board can be appealed to the Board of Assessment Appeals within thirty(30) days pursuant to C.R.S. 39-2-125. The appeal form and instructions for appeal to the Board of Assessment Appeals may be obtained from the Board of Assessment Appeals website at https://cdola.colorado.gov/assessment-appeals. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held the 27th day of July , 2021. DocuSign Envelope ID:CB3DC906-973C-4FC5-B06A-BC0332B1D6E8 14.. \.0c "64 COUNTY OF EAGLE, STATE OF "44' et COLORADO,By and Through Its 4 BOARD OF COUNTY COMMISSIONERS ATTEST: i—DO6pSibbed by: "0 r—DocuSlgned by: PAIIA,A. 0-19Jytt,ln,.NADo By: MAR- cii.t_rr Clerk to thS-Be r 2$€e440... Matt St6lawr18E0473. County Commissioners C ' DocuSigned by: Je eA Qll Taney C ' Wie�f c LAI C Ati-A y K w►emilep.Henry Commissioner Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado • DocuSign Envelope ID:CB3DC906-973C-4FC5-B06A-BC0332B1D6E8 ABATEMENT RECOMMENDATIONS - ASSESSOR GENERATED TAXPAYER GENERATED ED To: Mark Chapin,Eagle County Assessor From: Kristina Birk Date: 5/4/2021 Owner: Vail Mountain View Residences Phase II LLC Schedule#: R067720 Tax Parcel#: 2101-082-89-042 The appraisal section has completed its review of the referenced property as of this date and here submits it's findings and recommendations as stated below: X Denial n Approval as Submitted Abatement/Refund different than requested(Approval in part) Assessment Rate: 7.15% TAX YEAR 2020 TAX YEAR Tax Area: SC103 Mill Rate: 50.7510 Tax Area: Mill Rate: Actual Assessed Taxes Actual Assessed Taxes Orig: $17,504,630 $1,251,580 $63,518.92 Orig: Corr: $17,504,630 $1,251,580 $63,518.92 Corr: Abate: $0 $0 $0.00 Abate: $0 $0 $0.00 The basis of the recommendation is: The 2020 valuation is reflective of the structure being 25%complete as of 1/1/2020;comparable indivival condo sales from Vail Village support the value on a price per so ft basis. Per 39-1-103(5)(a)CRS The actual value of residential real property shall be determined solely by the consideration of the market approach to appraisal. I recommend denial for this abatement. Appraisal Manager Approval: •1Vei Assessor Approval: fr://-�.��--'' i G:/DOCS/Forms/AbatementRealForm.xlsx Revised 4-20-11 MJK DocuSign Envelope ID:CB3DC906-973C-4FC5-B06A-BC0332B1D6E8 FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to§39-10-114,C.R.S.shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1.7),C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to$10,000) The Commissioners of County authorize the Assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of$10,000 or less per tract,parcel,or lot of land or per schedule of personal property,in accordance with§39-1-113(1.5),C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatement/refund of: Tax Year Actual Assessed Tax Original Corrected Abate/Refund • Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if applicable. Please contact the County Treasurer for full payment information. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners (Must be completed if Section 111 does not apply) WHEREAS,the County Commissioners of EAGLE County,State of Colorado,at a duly and lawfully called regular meeting held on 07 / 27 /21 ,at which meeting there were present the following members: MATT SCHERRMKATHY CHArNDLER-HENRY&JEANNE MCQUEENEY with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor of said County and Assessor MARK CHAPIN (not present)and Ne Petitioner VAIL MOUNTAIN VIEW RESIDENCES PHASE II LW am present),and WHEREAS,the said Name County Commissioners have carefully considered the within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED that the Board(agrees)with the recommendation of the Assessor,and that the petition be(denied)with an abatement/refund as follows: 2020 $1,251,580 $0.00 �DocuSigned by: Year Assessed Value Taxes Abate/Refund Akatt S(4tt r Y Chair ,ChaJmrtfinigiiirkiym of County Commissioners'Signature Regina 0'B ri en County Clerk and Ex-Officio Clerk of the Board of County Commissioners in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said County this day of 7/27/2021 Docusigned by: Month Year i /h r tQ.,,,; w= k alcaeopstty County Clerk's Signature Note: Abatements greater than$10,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than$10,000) The action of the Board of County Commissioners,relative to this petition,is hereby ❑Approved El Approved in part$ El Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-DPT-AR No.920-66/17 SCHEDULE NUMBER_R067720