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Home My WebLink AboutR22-071 Abatement Petition - Gore Creek 233 LLC DocuSign Envelope ID:4CF15CD0-21 E4-4FB0-84F3-B0A94AA2E980 Commissioner scherr moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO Resolution No. 2022 - 071 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 forms 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. DocuSign Envelope ID:4CF15CD0-21E4-4FB0-84F3-B0A94AA2E980 MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held the 30thday of August , 2022. DocuSignec1:UNTY OF EAGLE, STATE OF ,°uco COLORADO,By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: co,ORpOO DocuSigned by: —DocuSigned by: 1t& (�-b iuA, By: 04.4. "1 •' Cl rkteard of J "Mtri@ney County Commissioners Chair p—DocuSigned by: —A Rat 4Atafiler-Henry Commissioner —DocuuSignedby.: half S.rikti^ mittogehew0473 Commissioner Commissioner chandl er-Henry seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Aye Commissioner Scherr 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:4CF15CD0-21E4-4FB0-84F3-B0A94AA2E980 ABA1 LMLN i KECOMMENDATIONS ASSESSOR GENERATED El TAXPAYER GENERATED a To: Mark Chapin,Eagle County Assessor From: Kevin Cassidy Date: 6/7/2022 Owner: Gore Creek 233 LLC Schedule#. R009315 Tax Parcel#: 2101-082-21-025 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 2021 TAX YEAR Tax Area: 5C103 Mill Rate: 51.434 Tax Area: Mill Rate: Actual Assessed Taxes Actual Assessed Taxes Orig: $2,701,650 $193,170 $9,935.52 Orig: Corr: $2,701,650 $193,170 $9,935.52 Corr: Abate: $0 $0 $0.00 Abate: $0 $0 $0.00 The basis of the recommendation is: This account has been appealed and adjusted for 2022.A NOC for 2021 has been completed with the adjusted value.The NOC is pending based on whether the property owner accepts adjusted value or continues to the CMOE level of appeal. This abatement is denied based on the outcome of the 2022 appeal. Appraisal Manager Approval: Assessor Approval: / v G:/DOCS/Forms/AbatementRealForm.xisx Revised 4-20-11 MXK DocuSign Envelope ID:4CF15CD0-21 E4-4FB0-84F3-B0A94AA2E980 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 EAGLE 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 III does not apply) WHEREAS,the County Commissioners of EAGLE County,State of Colorado,at a duly and lawfully called regular meeting held on 8/30//204 ,at which meeting there were present the following members: Month Day Year JEANNE MCQUEENEY, KATHY CHANDLER-HENRY& MATT SCHERR 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 Name Petitioner GORE CREEK 233 LLC (not 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: 2021 $193,170 $0.00 !—DocuSigned by: Year Assessed Value Taxes Abate/Refund 174-7 Chairpers n�of4paqVg 9rrtyCommissioners'Signature Regi nd 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 30 day of August , 2022 DocuSi9nedby: Month Year et'b Co ,98,4?,eputy 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$10,000) The action of the Board of County Commissioners,relative to this petition,is hereby ❑Approved ❑Approved in part$ ❑Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-DPT-AR No.920-66/17 Schedule Number_ R009315 DocuSign Envelope ID:4CF15CD0-21E4-4FB0-84F3-B0A94AA2E980 Mark Chapin Assessor 970-328-8640 970-328-8679(f) assessor@eaglecounty.us www.eaglecounty.us EAGLE COUNTY June 13, 2022 RE:Abatement Petition for Schedule: R009315 Tax Year:2021 Dear Petitioner: GORE CREEK 233 LLC The Eagle County Assessor's Office has reviewed the Petition for Abatement you filed for the above referenced property and is recommending Denial of the Petition for tax year.The enclosed Assessor Recommendation Form provides details of the Assessor's decision. Please review the following options and indicate your choice by initialing on the appropriate line, as well as signing and dating where indicated. I wish to withdraw my petition,thus ending any further appeal. I wish to have a hearing of my petition before a hearing officer appointed by the County Board of Commissioners. Petitioner requests an Administrative Denial for the above schedule number. Petitioner acknowledges that no hearing will be scheduled and that the County Board of Commissioners will deny the appeal at the second round. Further rights to appeal in accordance with the statutes will be preserved. Signature Date Print Name Email Please return this form as soon as possible to the Eagle County Assessor's Office at PO Box 449; Eagle, CO 81631.You may also email your request to Brittany.Thatcher(a)eaglecounty.us. If you wish to withdraw your petition,and do not return letter stating your wishes we will consider it a request for Administrative Denial. If you wish to continue with this appeal process,a hearing before an independent hearing officer will be scheduled for consideration of your tax abatement petition.A Notice of Hearing detailing the hearing date&time will be mailed to you upon receipt by the Eagle County Administration Office. If you have any questions please feel free to contact me. Brittany Thatcher Abatement Administrator (970)328-8638 Brittany.Thatcher(a eaglecounty.us 500 Broadway, P.O. Box 449, Eagle,Colorado 81631