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Home My WebLink AboutR23-033 Assessor Genrated Abatement and Refund of Taxes R068566 EdgeCreek LLC DocuSign Envelope ID:OB6D50DB-765C-4E86-B5CF-3C33E752D18D Commissioner McQueeney moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 2023 - 033 RESOLUTION CONCERNING AN ASSESSOR 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 Eagle County Assessor (the "Assessor") for the purpose of correcting erroneous valuation for assessment, irregularity in levying, clerical errors and/or overvaluations discovered by the Assessor; and WHEREAS, the Board has considered the recommendation of the Assessor with respect to the abatement petition submitted by the Assessor, and such recommendation is attached hereto as Exhibit"A,"and incorporated herein by this reference. 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 years and the reasons set forth in the Assessor's recommendation attached hereto as Exhibit "A" and enters an order with respect to the petition for abatement in accordance with such recommendation. 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 recommendation set forth and attached hereto as Exhibit"A." i DocuSign Envelope ID:OB6D5ODB-765C-4E86-B5CF-3C33E752D18D MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held the 16th day of May , 2023. DocuSigned by: �11 COUNTY OF EAGLE, STATE OF co,c„,,.0 COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS r—DocuSigned by: ATTEST: 4i1A.4, 6tibritAA, By: Clerk to the ITOMFOr644D... Kathy Chandler-Henry County Commissioners Chair , —DocuSigned by: IVIV1 7 D718 sdnerrEo473.. Commissioner DocuSigned by: 9 17 l;N4A Fa 7N... Jeanne c ueeney Commissioner Commissioner - scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry Absent Commissioner Scherr Aye Commissioner McQueeney Aye This Resolutionpassed by2/0 vote of the Board of CountyCommissioner of the County of Eagle, State of Colorado. 2 DocuSign Envelope ID:0B6D5ODB-765C-4E86-B5CF-3C33E752D18D ABATEMENT RECOMMENDATIONS ASSESSOR GENERATED n TAXPAYER GENERATED n Mark Chapin, Eagle County o• g Assessor From: Sarah Harper Date: 2/23/2023 Owner: Edgecreek LLC Schedule#: R068566 Tax Parcel#: 2105-244-05-007 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: Denial n Approval as Submitted Abatement/Refund different than requested(Approval in part) Assessment Rate: 29 % TAX YEAR 2022 TAX YEAR Tax Area: SC043 Mill Rate: 72.86 Tax Area: Mill Ra Actual Assessed Taxes Actual Assessed Taxes Orig: $3,874,500 $1,123,610 $81,866.24 Orig: Corr: $1,460 $420 $30.60 Corr: Abate: $3,873,040 $1,123,190 $81,835.64 Abate: $0 $0 $0.00 The basis of the recommendation is: Abatement filed due to parcel incorrectly classified as a buildable lot. It was platted as a Common Area parcel. Corrected to Open Space for 2022 . fAraisal Manager Approval: Alihrtaissessor Approval: G:/DOCS/Forms/AbatementRealForm.xlsx Revised 4-20-11 MMK DocuSign Envelope ID:OB6D5ODB-765C-4E86-B5CF-3C33E752D18D PETITION FOR ABATEMENT OR REFUND OF TAXES County:EAGLE Date Received (Use Assessor's or Commissions'Date Stamp) Section I; Petitioner,please complete Section I only. Date: 02/23/2023 Month Day Year Petitioner's Name: EDGECREEK LLC Petitioner's Mailing Address: 9360 TEDDY LN STE 201 LONE TREE CO 80124-2869 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R068586/2105-244-05-007 PEREGRINE VILLAS TRACT A - COMMON AREA Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for the property tax year 2022 are incorrect for the following reasons: (Briefly describe why the taxes have been levied erroneously or illegally,whether due to erroneous valuation,irregularity in levying, clerical error,or overvaluation. Attach additional sheets if necessary.) ASSESSOR GENERATED ABATEMENT. SEE ATTACHED RECOMMENDATION FORM. Petitioner's estimate of value: Value Year I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits or statements,has been prepared or examined by me,and to the best of my knowledge,information,and belief,is true,correct,and complete. Daytime Phone Number f Petitioner's Signature Email By Daytime Phone Number( Agent's Signature* Printed Name: Email ;Letter of agency must be attached when petition is submitted by an agent. If the Board of County Commissioners,pursuant to§39.10-114(1),C.R.S.or the Property Tax Administrator,pursuant to§39.2.116,C.R.S., denies the petition for refund or abatement of taxes In whole or in pas,the Petitioner may appeal to the Board of Assessment Appeals pursuant to the pr'bvisions of§39-2.125.C.R.S..within thirty days of the entry of any such decision.§39.10-114.5(1).C.R.S. Section II; Assessor's Recommendation (For Assessor's Use Only) Tax Year 2022 Actual t amist Ira Original $3,874, 500 $1,123,610 $81,866.24 Corrected $ 1,460 $ 420 $ 30.60 AbatsfRefund $3,873,040 $1,123,190 $81,835.64 ❑Assessor recommends approval as outlined above. If the request for abatement is based upon the grounds of overvaluation.no abatement or refund of taxes shall be made if an objectors or protest to such valuation has been fled and a Notice of Determination has been mailed to the taxpayer.§39-10-114(1XaXIXD),C.R.S. Tax year: 2022 Protest? ®No ❑Yes Of a protest was filed,please attach a copy of the NOD.) ❑Assessor recommends denial for the folowing reason(s): Assessors or Deputy Assessor's Signature 15-OPT-AR No 92068/17 DocuSign Envelope ID:OB6D5ODB-765C-4E86-B5CF-3C33E752D18D FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section ill gi Section IV must be completed) Every petition for abatement or refund filed pursuers to§39-10-114.C.R.S.that be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor,es appropriate,within stir months of the dale of Ling such petition,§394-113(1.7),C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to S10.000) 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 of r— abatement or refund in an amount of$17000 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 abatementlrefund of: Tax Year 60211 Manisa 7as Original Corrected Abate/Refund Note:The total tax amount does not include accrued interest,penalties,and fees associated with Pale endlor delinquent lax payments.if applicable. Please contact the Courtly 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 Seaton III does not apply) WHEREAS,the County Commissioners of EAGLE County,State of Colorado,at a duly and lawfully called regular meeting held on / / ,at which meeting there were present the following members: Month Day Year Jeanne McQueeney, Matt Scherr,&Kathy Chandler-Henry 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 (being present—not present)and Name Petitioner EDGECREEK LLC (being present—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--does not agree)with the recommendation of the Assessor, and that the petition be(approved—approved In part—denied)with an abatement/refund as follows: 2022 $420 $81,835.64 Year Assessed Value Taxes Abat&Refund Chairperson of the Board of County Commissioners'Signature Regina 0'B ri en County Clerk and Ex-Officio Clerk of the Board of County Commissioners in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said.County Docu igned by: this16 day of May 2023 . �y� Month Veer �A (r f7„ Coun 2illictiahatkrunry Clerk's Signature Note Abatements greater than S10,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review. Section V; Action of the Property Tax Administrator (For MI abatements greater than i10,000) The action of the Board of County Commissioners,relative to this petition,is hereby 0 Approved 0 Approved in part$ 0 Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 1 S-DPT-AR No.920.6611 T R068566