R-12-08-23-E3 - 8/23/2012 RESOLUTION NO. R-12-08-23-E3
WHEREAS, the City of Round Rock is mandated by V.T.C.A., Tax Code §31.11 to refund,
upon taxpayer application to the tax collector of its taxing unit and upon verification by the auditor of
its taxing unit, any overpayment or erroneous payment of taxes; and
WHEREAS, if such amount exceeds $500.00, then the governing body of the taxing unit must
also determine that the payment was erroneous or excessive and must approve the refund, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the following named taxpayer, Sherman-Kingsbridge Texas LP has made an overpayment
or erroneous payment of 2009 taxes in the amount of $4,297.48; that such amount is in excess of
$500.00; that such overpayment or erroneous payment has been verified by the Tax Collector; and that
application for refund has been made to the Tax Collector by said taxpayers.
The Council further finds and makes a determination that the payment was erroneous or
excessive; and further approves such refund in the amount of$4,297.48.
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The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 23rd day of August, 2012.
A, mayorWIC HWip,W
City of Round Rock, Texas a RZV,.�-�
ATTEST: MiVl
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SARA L. WHITE, City C1erk
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ROUND ROCK TEXAS City Council Agenda Summary Sheet
PURPOSE PASSION.PROSPERITY.
Agenda Item No. E3. - CONSENT
Consider a resolution authorizing a property tax refund to Sherman-Kingsbridge Texas, LP
Agenda Caption: for 2009 taxes in the amount of$4,297.48.
Meeting Date: August 23, 2012
Department: Finance
Staff Person making presentation: Cheryl Delaney
Finance Director
Item Summary:
State law requires that property tax refunds in excess of$500 be approved by the governing body. This refund is the
result of an agreed judgment approved by the appraisal district reducing the taxable value on the 2009 tax rolls.
Cost: $4,297.48
Source of Funds: General Fund
Date of Public Hearing(if required): N/A
Recommended Action: Approval
06/27/2012 09:16:31 TAX COLLECTION SYSTEM PAGE: 1
TN536 SELECTION SEQUENCE 1239798 REFUNDS SELECTED REPORT
CITY OF ROUND ROCK FROM: 06/27/2012 TO: 06/27/2012 MINIMUM DOLLAR AMOUNT: $0
REFUNDS REPORTED FOR INSPECTION ONLY
ACCOUNT NUMBER APPR DIST # SUIT DEPOSIT REFUND
UNP TOT YEAR UNIT OWNER NAME REC TYPE RECEIPT DATE REMITTANCE# STAT AMOUNT REASON(S)
5069-000A-0001 R372310 RF120627 20120627
CHECK PAYEE: 3NE(�1hAh) RE32009 2 (bENTiAL L 136627202 06/27/2012 15281095 DA 4,297.48
,./ --CKING HORSE RANCH, BLOCK A, LOT CHECK TOTAL: 4,297.48
dc (1 M A KK.._.4 L U 51-(Q ACRES 20.8907
50 LAKE COOK RD
STE 280
DEERFIELD IL60015 -
AGENT #: 24601049 FLANAGAN/BILTON/BRANNIGAN
TOTAL AMOUNT DUE FOR ACCOUNT .00
TOTAL ALL ACCOUNTS 4,297.48
COUNT OF REFUND CHECKS 1.00
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MCAD
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625 F.M.1460
Georgetown,Texas 78626
(512)930-3787—Austin Metro June 26, 2012
(512)930-0391—Facsimile
www.wcad.oro
Steve Norwood, City Manager
City of Round Rock(CRR)
Board of Directors 221 E. Main
Round Rock,Texas 78681
Harry Gibbs,Chairman
Deborah Hunt,Vice Chairman Re: Cause No:09-929-C368;Sherman-Kingsbridge Texas LP (Rocking Horse Ranch)
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Cecilia M.Crowley,Secretary v. Williamson Central Appraisal District
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Rufus Honeycutt F:
Dear Mr. Norwood: i
Charles Chadwell
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A settlement has been reached on the attached referenced lawsuit for the tax year
2009. The settlement was the result of an Agreed Judgment between the District
and the Plaintiff in this suit. The Plaintiff has agreed to waive the interest due, if
Chief Appraiser the refund is paid within sixty (60) days of the change being certified to the tax
assessor by the Appraisal District. (See attached Rule 11 Agreement and Agreed
Alvin Lankford Judgment).
(512)931-7826
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alvinitaDwcad.ors If you have any questions, please feel free to call.
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Sincerely, '
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"We wil/ provide quality �A
service with the highest
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standards of professionalism, Alvin Lankford
integrity and respect We will Chief Appraiser
uphold these standards while
providing an accurate, fair AL/abl
and cost-effective appraisal
roll in compliance with the Enclosure
laws ofthe State of Texas." ('
,,./Cc: Forrest Child,A/C cc: Cheryl Delaney, Finance Director CRR
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QUICK-REF ID PROPERTY CAUSE DATE YEARS MKT AMOUNT
ID LAWSUIT NAME NUMBER FILED INVOLVED TAXING JURISDICTIONS INVOLVED DPMT
Sherman-Kingsbridge TX(Rocking Horse
R372310 Ranch) 09-929-C368 9/8/2009 2009 GWI RFM SRR CRR 101 W09 24,683,554 C
Williamson Central Appraisal District
Supplementary Change 2009
Entities: GWI RFM SRR CRR J01 W09
Parcel/Record No: R-16-5069-000A-0001 (R372310)
Name: SHERMAN-KINGSBRIDGE TEXAS LP
Address: 500 LAKE COOK RD
Address: STE 280
Address: %BENJAMIN E SHERMAN&SONS INC
City,State,ZIP: DEERFIELD, IL 60015-4959
Legal Description: SEE ATTACHED AGREED JUDGMENT
Situs Address: 1801 E PALM VALLEY BLVD, ROUND ROCK TX 78664
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Old Value New Value
Personal Property Value:
Improvement Non-Homesite Value: 22,408,556 21,325,002 3
Improvement Homesite Value:
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Land Non-Homesite Value: 2,274,998 2,274,998
Land Homesite Value:
Ag Market Value: i'
Ag Use:
Total Appraised Value: 24,683,554 23,600,000
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Non-Taxed Exempt: 5
Homestead: ..
Over 65:
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Disabled Veterans: 5
Homestead Disability:
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Total Taxable Value: 24,683,554 23,600,000
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Frozen Tax: Year: 4.Amount:
Reason for Changes: Per Agreed Judgment signed 6/15/12
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Alvin Lankford, Chief Appraiser Date: 6/25/2012
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Supplement# 36
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CAUSE NO. 09-929-C368
SHERMAN-MGSBRIDGE TEXAS LP INTHE DISTRICT COURT OF
(ROCKING HORSE RANCH
Plaintiff,
�• WILLIAMSON COUNTY,TEXAS
WILLIAMSON CENTRAL APPRAISAL
DISTRICT,
Defendant. 368Tn JUDICIAL DISTRICT
AGREED JUDGMENT
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The parties,through their attorneys,have agreed to the terms of this judgment nt as evidenced
by the signatures of their attorneys below.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the value of the
subject property is as follows:
Account No. Description 2009 Value
8372310 Rocking Horse Ranch $23,600,000
Block A,Lot 1 PT,
Acres 20.8907
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This is a final judgment disposing of all parties and issues. Each party is ordered to pay its
costs.
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Signed this_��day of ..1 012.
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JUDGE BURT CARNES
ILED �.
e o'clock------M
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JUN 15 2012
ECEIVED
125112
6/25/1 c,
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District Clerk,WilliamsodL �o oma,caD 1
ix 11
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APPROVED AS TO FORM AND SUBSTANCE:
Daniel P 0 an
State Ba o.05990510
Amy Reilly Sallusti
State Bar No.24013388
Geary,Porter&Donovan,P.C.
One Bent Tree Tower
16475 Dallas Parkway,Suite 400 !
Addison,Texas 75001-6837
(972)931-9901
(972)931-9208(fax) R
ATTORNEYS FOR PLAINTIFF
Robert Mott
State Bar No. 1459
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Sandra Griffin
State Bar No.00791280 f
Christopher S.Jackson
State Bar No.00796816 ='
Michael W. Balcezak
State Bar No.24012236
Perdue,Brandon,Fielder, t'
Collins&Mott,L.L.P.
3301 Northland Dr.,Ste.505
Austin,Texas 78731
(512)302-0190
(5 12)323-6963(fax)
ATTORNEYS FOR DEFENDANT
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RECEIVED
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6/25/12
WILLIAMSON CAD
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. ' PerdueBrandonFielderCollinS&Mott LLP
ATTORNEYS AT LAW
3301 Northland Dr.
SUITE 505
AUSTIN,TEXAS 78731
TELEPHONE 512302-0190
FAX 512323-6963
www.pbfcm.com
RULE 11 AGREEMENT
June 6,2012
VIA FACSIlVIII.E(972)931-9208
Ms.Amy Reilly Sallusti
Geary,Porter&Donovan',P.C.
One Bent Tree Tower
16475 Dallas Parkway,Suite 400
Addison,Texas 75001-6837
RE: Cause No. 09-929-C368; Sherman-Kingsbridge Texas LP(Rocking Horse Ranch) v. Williamson
Central Appraisal District
Dear Amy:
The parties have agreed to settle this lawsuit by setting the value at $23,600,000 for 2009 for
account number 8372310. In addition the parties agree that Plaintiff will waive interest on the refund so
long as the refund is paid :within 60 days of the date the change is certified to the tax assessor by the
A raisal District. Each
PP party will bear their own costs and attorney's fees. The parties will execute the
attached agreed judgment reflecting the change in value.
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These stipulations are entered into by the parties solely for the purpose of compromising and
settling their various claims, each as to the other. No other use of this stipulation may be made by the
parties concerning the claim of either party as to the other, whether having arisen in the past, now
pending, or to arise in the future,including subsequent disputes concerning the market or appraised value
of the.subject property within Defendant's jurisdiction. The agreement is not intended by either party as
an admission concerning the issues in dispute nor shall it be represented by either party as to the other as
an admission.
Pursuant to Tax Code sections 42.43(f) and 42.43(g), the property owner has made a designation k
for refund purposes. See attached completed Form 50-765,Exhibit A.
If this accurately reflects our agreement, please sign and return this letter and completed Form x,
50-765 to me for filing.
FILED
2t O'clock' M
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JUN 14 2012
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AMARILLO ARLINGTON AUSTIN CONROE HOUSTON LUBBOCK
MCALLEN MIDLAND SAN ANTONIO TYLER WICHITA F'ftrict+Cerk,'W111I amson Co.,TX.
RECEIVED
6/25/12
WILLIAMSON CAD 1.
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Page 2
Rl! Settlement Agreement
Sincerely,
Saacina GriW n?
Attorney for D emdant
Agreed:
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Amy R Usti
Attomeffor Plaintiff
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RECEIVED
6/25/12
WILLIAMSON CAD
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EXHIBIT
RECEIVED
6/25/12
WILLIAMSON CAD
Designation of Tax Refund property Tax
Form 50-7es
Pursuant toii9xas7hx Code Section 42A8,a property owner who prevails In an appeal of an appraisal reviawboard determination of value
to diatrlet court may designate to whom and/or where a property tax refund Is to ba sent.
By completlmg this form,you(Prcpedy Owner)provide that the refund resuhing.trum a post appeal Ju0nment will be d.fivered to the deslg.
noted Individual cr flare.The entire form must be completed for the local tax oiifoa to process the refund
Cofleatko(ttt�&q thdq olYoe rteria
Round Rock independent School Dlstriet
At Adttnrse
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1311 Round Rock Avemm ;
ah 7bxelorAastOtlaa.bT�SaPl+oda
Round Rock,Texas 78681
Piopenyt3rmer'IfetasartdAtfdress:
Sherman-I tgsbddge TX LP
300 Lake Cook Road,Stdte 280 i
Deerfield.Illinois 60015
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PtopedyemtaTplion(P�ovldeb8e►de�sa+p�flonarofherhtfbmrallonlmmeAl�ebarromrchealtlClanfrnldenil lyfhapyRarp.ara►fecnecopyerfhefoxr.eaiptJ
Rocking Morse Rands,Block A.Lot 1 PT,Acres 20.8007
P+epenYP�siRIJuM1�berorSlsOrmardN4m�ber.
372310 i
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I am the property owner or a duly authorized representative of the property owner entitled 1b a nifund of ad valorem taxes arcs- '
Ing from an appf al underTexasTax Code Chapter 42 By executing this Assignment of Right to a Refund,the property owner
assigns all tights and interest for the tax refund to he delivered to the designated individual or firm.
1, Mark Giufkin ,harebydea 990 fro remold Onft QbM netted pMWV be eatt tothe Maw6V
Pteasedietkaapto➢rfeiatwx(dtadcontyatteba�
Owner—II
PropeRll oft dH[eterd addroee thin above Intmntalimi•PTaase pmv5fe lA the space ttetara
Q sus Am otaoe of of mw of amid h ft appeal basted at do tst w tp mwr4 ROOM:
0 A umorbtde dud and addfm as deo!mwd In the Mwft rnfon a W6 s
N,na Shemlan Residengal.db Mark Gluskin
Address 500 Lake Cook Road,Sulfa 280
DeerfieldCk '
t3teta IL `
ZIP 60015
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Tha P1%eflY1bxAaeialsnce DMsltrn al lin1i nas Cfrrnpuolier of PditAtx;ourts provides pmpertytox Ebrmore Intorrae*rk Mour Webelle
informatlan and resaumas for texpepa%Igaal taxing enfties,approbal diftis and appratsai reitiew boards. www.window alai.lx ua/tnxinf.lproplex
-'D'765*%9 EIVED
6125!12
WILLIAMSON CAD
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