The URL can be used to link to this page

Home My WebLink AboutR82-097 Robert Robinson abatement} t i J RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 82- %7 IN RE THE MATTER OF THE PETITION OF ROBERT W. AND ELIZABETH HILL ROBINSON FOR ABATEMENT AND REFUND OF 1981 TAXES DATED JULY 23, 1982 - LOT 7 IN SECTION 10, AND PART OF LOT 9 IN SECTION 9, TOWNSHIP 5 SOUTH, RANGE 83 WEST OF THE 6TH P.M., COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board," did at a regular meeting held on the 16th day of September, 1982, consider the Petition of Robert W. and Elizabeth Hill Robinson for abatement and refund of 1981 taxes as set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, evidence was presented to the Board in the form of testimony by the Petitioners and the Eagle County Assessor, Ella F. Bindley; and WHEREAS, at the conclusion of the testimony, the Board determined to continue its consideration of the subject Petition to its regular meeting of October 4, 19-82, in order to obtain additional information; and WHEREAS, notice of and an opportunity to be present at the aforesaid public hearings were duly given to the Petitioners and the Eagle County Assessor; and WHEREAS, the Board having considered the attached Petition, the recommendation of denial of the Eagle County Assessor, and the evidence presented at the public hearings held in this matter, THE BOARD FINDS AS FOLLOWS: 1. The property which is the subject of the instant Petition exceeds thirty -five (35) acres and is f 0 located in the County's Resource Zone District. 2. The subject property was taxed in 1979 and 1980 as agricultural land. 3. The subject property was taxed in 1981 as rural residential land by reason that: (1) the subject property was previously owned by persons desiring to develop the same; and (2) there did not exist any formal third -party lease agreement or other documentation evidencing the present owners' intent to use the subject property for agricultural purposes. 4. The subject property was taxed in 1982 as agricultural land based upon a written agricultural lease agreement on the subject property. 5. Based upon the testimony of the Petitioners, they were denied full enjoyment and ownership rights in the subject property during 1981 due to foreclosure proceedings. By reason thereof, third parties were allowed to use the subject property for agricultural purposes in 1981, although no formal contract document was ever executed. 6. The absence of a formal contract document should not be considered an overriding factor in establishing from all of the evidence the intent of the Petitioners to use the subject property for agricultural purposes. 7. The fact that the subject property was previously owned by persons desiring to develop the same does not in and of itself establish a basis for determining the primary purpose for which the land is presently being used. 2 i� NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: ' THAT, consistent with the findings of the Board set forth hereinabove and Section 39 -1 -113, C.R.S. 1973, as amended, the Board hereby determines that taxes in the amount of $687.90 were erroneously levied for 1981 on real property owned by Robert W. and Elizabeth Hill Robinson generally described as Lot 7 in Section 10, and part of Lot 9 in Section 9, Township 5 South, Range 83 West of the 6th P.M., County of Eagle, State of Colorado. THAT, the Petition of Robert W. and Elizabeth Hill Robinson for abatement and refund of 1981 taxes as set forth in Exhibit "A" be and is hereby approved; such refund being in the amount of $352.45 and such abatement being in the amount of $335.45. THAT, the Board hereby respectfully requests the Eagle County Assessor to transmit a certified copy of this Resolution to the State of Colorado Property Tax Administrator. 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 October, 1982, non pro tunc to October 4, 1982. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: erk to th oard o ounty Commissioners 3 .. urant, \Chairman ams, Commissioner Keith Troxel, Commissioner iS f r Y v�awJ�� 'v��avvj I, Johnette Phillips, County Clerk and Ex- officio Clerk of the Board of County Commissioners of the County of Eagle, State of Colorado, do hereby certify that the above and foregoing Resolution is truly copied from the records of the proceedings of the Board of County Commissioners for said Eagle County, now in my office. IN WITNESS WHEREOF, I have hereunto set my 'Liand and affixed the seal of Eagle County, at Eagle, Colorado, this day of October, 1982. 2 W i,ohnette P ills Countf Clerk -05-0PT 1 IM PRESCRIBED BY THE PROPERTY TAX ADMi ;RATIOR FORM 920 1/66 -1/78 � F ,- TITION FOR ABATEMENT OR REFUND .? TAX ES—HOECKEL C.,BER",, TI920 Petitioners: Use this side only. EXHIBIT "A" / ........ ......................Colorado, ....... t/.GGL�if ......1 19.L�i(7r To The Honorable Board of County Commissioners of.. .......................... .County. Gentlemen: The petition of ....... ... c&e:Ti . ..... Address ........ C' '.. S .X........ i...C� ..�........�........ �/<:.....y.. -'4� Q�:..�. C = �..... DESCRIPTION OF PROPERTY t . L c..t r- respectfully shows that the taxes assessed against your petitioner for the years A. D. 19AK, 19........, 19........, are erroneous or illegal for the following reasons, viz: (Give full particulars as to wherein the error or illegality lies) e_t�'. i.Y -•rz %d itr'c(� Gi,.i <-jY rT" U_k ::.v v'C r l,-� "4z`- sc- o...l•i �L 19. 1'..1.. � 19..�U � 19 �/ ✓q Value Tax ,•`& 3/ Value Tax/ -3f Value 7T aX 7�Z prcwlCC.I t�.�i<,E Ff v� ............ ............................... /slo,orU_ LI.sE•w<Q /_ Abate. ................. ............................... ....... .............................. �' , Ic: Bal. That ....he has ... ...................paid........ .. `2 Zc..J.J.. said taxes. Wherefore your pet- : itioner prays that the taxes, as of resaid erroneously or illegally assessed, may be abated or re- funded in the sum of I declare, under penalty of perjury in the second degree that this petition, together with any accompanying exhibits or statements, has been examined by me and to the best of my knowledge, information and belief is true, correct and complete. c" ]....... �...l..I. i� I..... Y.. Y".l.W.:k' ..................... Petitioner Agent Address..._.. ° / .• °- ° ........... ............. ............................... i r Petitioners: Use this side on '$ I j.. .............................. Colorado, .......t,/•i. �J�......, 19. <' To The Honorable Board of County Commissioners of ...................��4�j� .... i / ....................County. Gentlemen: The petition of...... ..... .Y. :.�fVS.:t..� 1......5.1 Address........ .....C).X ....... i .)...... CI..). �a c. ..... , 'r `_F2 � ✓f?.... DESCRIPTION OF PROPERTY /-a t 7 - i (_�, --_-0 - � /`�- , Lct 9_ 5'—. 83 OCR . :5—C respectfully shows that the taxes assessed against vour petitioner for the years A. D. 19.1.`/.1 19........, 19 ....... are erroneous or illegal for the following reasons, viz: (Give full particulars as to wherein the error or illegality lies) / cu C c fjrcr✓ t �c is r C . fj G >. .0 �5 i CU-_0 - �•;�5,; ��-�..r >�t�,�:,.v'�` -� w. ��v��X Y21£�.- � -f'iR_ [i- .:, -u7'• .x:w� - �ca�y��c� 19.T..y.. 19. 19 -a Value Taxi Valued Tax /KJ/ Value Orig. _ Abate. .... ---...-° . ................_............•• .....••.......... Bal. i LL// -. That ....he has ...................... paid....... �3. �s..T�.......said taxes. Wherefore your pet- itioner prays that the taxes. as aforesaid erroneously or illegally assessed, may be abated or re- funded in the sum of I declare, under penalty of perjury in the second degree that this petition, together with any accompanying exhibits or statements, has been examined by me and to the best of my knowledge, information and belief is true, correct and complete. .............. ...... Petitioner By......................................................... ............................... Agent Address................ �...... .:........................ ............................... 9 : I Pay to the order of- JOHN l- JOHN FENNO / 1006 BOX 244 EAGLE, COLORADO 81631 19 &4 82.236/1021 JTA Jill } E NK EAGLlCC�O C u TIN"ITT EA 2WTI*. `302 Y= Ou■ _ .l ASSESSED VALUATION TYP<OF PROPERTY I EAGLECOUNTY iAx DUE YEAR TA %AREA CODE I SCHEDULE NUNUMBER NUMBER OFFICE OF COUNTY ASSESSOR 1981 015 022008 1463 P.O. Box 449. Eagle. Colorado 81631 9760 LEGAL DESCRIPTION OF PROPERTY { MAY RE INCOMPLETE) '• CG4P_:A'dE KITH C Ri T' '95121. YOU ARE NOT:FIEO OF THE 10010 TALJATIC•, FOR ASSES51•ENT P;AOEO ON THE OESCRI_ C PRCREHT. FOP THE CURiVil TAXABLE YEAH. -5-83 SE61N'FP , us THE Flasnra=u•.:, :LOT 7 10 DAr 1•: 1LNE. THE ASSESSOR :.:_'W 9-5 -83 � 5OF—.I•, T'S v,.NT..•.ART Ns sE ra HEAR oBJEETass * RE LOT 4 PT Or •:ALL'ATION FOR ASSESSJENT A5 .:ST- IACRES 50. 000 E0 FOR TOE CURRENT YEAR AHICN :.:LL BECO:'E FINAL UNLESS 7 °!TTEN S AAE FILED T71 THE ASSESSED VALUATION TYP<OF PROPERTY I LAST YEAR THIS YEAR 1•IIIrc,e,IrplOx.e,u LAND 1 250 10010 9760 ITQTAL— ------ > i 10010 NOTICE OF VALUATION ONLY — NOT A TAX STATEMENT YOU WILL RECEIVE A TAX STATEMENT AFTER JANUARY 1 THIS IS TO NOTIFY YOU THAT PURSUANT TO LAVI. YOUR ASSESSED VALUATION ON THE DESCRIBED PROPERTY IS INDICATED ABOVE. ELLA F. BINOLEY, ASSESSOR ASA:SSOR q CC•JrDR..l.r LIT•• C R.S 1315. 39 512?, IN T14E 709 ALL •EAR • .0S TO BE CO.•.CL'JOEO BY PAN: _:T- CBIECT"0'.STO THE CCHRE•: rEAa Lnaf'09 FOR ASSESSYE-0 CO.SIOEREO ONLY IF 1140E 75TH, AND CAUNOT By tA'.N BE E•: EP TAI NEC c THE ASSESSOR IF 5 r A LATEi LATE OR •JACE AF--- RE CEIPT OF TAY STATE'. c1E. IF YOU APPEAR BEFORE THE ASSES SOR BETTa E'.N THE FIRST GCRkI'Ii DAY OF JU':E A10 JUNE 25T- THIS NOTICE CF VALUATION MUST F- PRE SENTEO AT TOE T1VE OF Al 0000 000 00 000 EDWARDS LIMITED 3601 EAST GARDEN AVENUE LITTLETON CO 80121 TT t All Ab iY \v w Lc 7r INN 77 -