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HomeMy WebLinkAboutR23-063 Concerning an Assessor Genrated Petition for Abatement and Refund of Taxes Arrabelle at Vail Square LLC DBA Vail Resorts DocuSign Envelope ID:00B37CC6-6477-49DD-8F57-D99D07EAB700 Commissioner McQueeney moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No.2023 - 063 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." DocuSign Envelope ID:00B37CC6-6477-49DD-8F57-D99D07EAB700 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado at its regular meeting held the 17th day of October, 2023. DocuSigned by:e� c�y COUNTY OF EAGLE, STATE OF c COLORADO, By and Through Its g BOARD OF COUNTY COMMISSIONERS DocuSigned by: ATTEST: I4Uut o, BY. r9Do2r24009o44o.. Clerk to the Board of Kathy Chandler-Henry County Commissioners Chair DocuSigne'DIdby.:'�^ Ault S ' `-816793071860473... Matt Scherr Commissioner CDocuSigned by: Qa CA4AC120r0AA47A... Jeanne McQueeney 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 Resolution passed by 2/0 vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 2 • DocuSign Envelope ID:00B37CC6-6477-49DD-8F57-D99D07EAB700 PETITION FOR ABATEMENT OR REFUND OF TAXES Dowdy.EAGLE Date Received (Use Assessor's or Commissioners'Date Stamp) pection I: Petitioner,please complete Section I only. Date: 09/08/2023 Month Day Year Petitioner's Name: ARRABELLE AT VAIL SQUARE LLC C/O VAIL RESORTS MANAGEMENT CO Petitioner's Mailing Address: 390 INTERLOCKEN CRES,STE 1000 BROOMFIELD CO 8021-8056 City or Town State Zip Code SCHEDULE OR PARCEL NUMBERS) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R060367 VAIL SQUARE,LOT 1 2101-063-26-001 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,,_,, are incorrect for the following reasons: (Briefly describe why the taxes have been levied erroneously or iMega*y,whether due to erroneous valuation,irregularity in levying, clerical error,or overvaluation. Attach additional sheets if necessary.) Petitioner's estimate of value: ... Value Veer 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.( ) Petitioners 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.pursuard to§39-2-116.C.R.S.. denies the petdion for refund or abatement of taxes M whole or in pert,the Petitioner may appeal to the Board of Assessment Appeals pursuant to the provisions of§39.2.125.C.R.S..wtntn tl*ty days of the entry of any such decision.§39-10-114.5(1),C.R.S. Section II: Assessor's Recommendation (For Assessors Use Only) Tax Year 2022 &lot esaual Ira Original $79,000,000 $22,910,000 $1,678,478.24 Corrected $71,620,000 $20,769,800 $1,521,678.62 $ 7,380,000 $ 2,140,200 $ 156,799.62 AbstelRefund®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 objection or protest to such valuation has been Ned and a Notice of Detem nation has been mailed to the taxpayer,§39-10-114(lxaXIXD).C.R.S. Tax year: 2022 Protesli No ❑Yes (If a protest was Med,please attach a copy of the NOD.) ❑Assessor recommends denial for the following reason(s): As sore or Deputy Assessor's r 15-OPT-AR No.920-66117 DocuSign Envelope ID:00B37CC6-6477-49DD-8F57-D99D07EAB700 FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section 11l E Section IV must be completed) Every petition for abatement or refund Med pursuant to§30-10-1 U,C.R.S.shall be acted upon pursuant lo the provisions of this section by the Board of County Commissioners or the Assessor,as appropriate.within six months of the date of Ming such petition,§39.1-113(1.7).C.R.S. Section If(: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to S10A00) 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$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 taxi Eassamal lea Original Corrected Abate/Refund vwwwww Note:The total tax amen does not inducts accrued interest.penalties,and tees associated with late aridfor delinquent lax payments.it applicable.Please contact the County Treasurer for full payment information. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date may: Decision of the County Commissioners (Must be completed if Section NI does not apply) WHEREAS,the County Commissioners of EAGLE County,State of Colorado,at a duly and lawfully called regular meeting held on 10 l 17 l 21123 ,at which meeting there were present the following members: Month Day Year .bane McOueener.Matt Scher&Natf,d iervy 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 Arrabelle at veil Square 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 520,789,800 $156,799.62 •Trimurti?*Office to refund tax amount from Vail --.--� Lionshead IF Authority only.e DocuSigned by: Year Assessed Value Taxes Abate/Refund Chairperson of the Board of County 'Aura i Regina O'Brien County Clerk and Ex-Ofticio Clerk of the Board of County Commissioners in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said County this 17th day of October 2023 �DocuSigned /�by: �Q Month Year let tA.A. 0-1brtt tA. ComriyCla ' efoopey Clerk's Signature Note Abatements greater than S10.000 per schedule.per year,must be submitted in delicate so the Property Tax Administrator for review Section V: Action of the Property Tax Administrator (For ail abatements greater than S10,000) The action of the Board of County Commissioners,relative to this petition,is hereby 0 Approved 0 Approved in part$ 0 Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Dale 15-OPT-AR No.92040i17 L. 1 ABATEMENT RECOMMENDATIONS ASSESSOR GENERATED 7 TAXPAYER GENERATED a To: Mark Chapin,Eagle County Assessor From: Monica Jacox,Abatement Cordinator Date: 9/6/23 Owner: ARRABELLE AT VAIL SQUARE LLC Schedule#: R060367 Tax Parcel#: 2101-063-26-001 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: SC208 Mill Rate: 73.264 Tax Area: Mill Rate: Actual Assessed Taxes Actual Assessed Taxes Orig: $79,000,000 $22,910,000 $1,678,478.24 Orig: Corr: $71,620,000 $20,769,800 $1,521,678.62 Corr: Abate: $7,380,000 $2,140,200 $156,799.62 Abate: $0 $0 $0.00 The basis of the recommendation is: Board of Assessment Appeals Final Agency Order dated September 1,2023 granting the 2021 actual value of $71,620,000 for this property. Assessor Generated Abatement initiated to correct 2022 value for the 2021/2022 reappraisal cycle. tiiAppraisal Manager Approval: A Assessor Approval: V C.� G:/DOCS/Forms/AbatementRealForm.xlsx Revised 4-20-11 MJK