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Home My WebLink AboutR22-063 Correcting Classification Changes Scheule No. R068452 and No. R068453 DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB Commissioner scherr moved adoption of the following Resolution: COUNTY BOARD OF EQUALIZATION COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 2022- 063 CORRECTING ERRONEOUS CLASSIFICATION CHANGES FOR SCHEDULE No. R068452 AND SCHEDULE No. R068453 WHEREAS, petitions appealing Eagle County Assessor's 2022 valuation were submitted by the taxpayer (hereinafter referred to as "Petitioners") were set for hearing before the Board of County Commissioners of Eagle County, Colorado, organized and convened as the County Board of Equalization (hereinafter referred to as "Board") for the purposes of adjusting, equalizing, raising or lowering the valuation for assessment of real and personal property within this county, fixed and made by the County Assessor for the year 2022; and WHEREAS, said petitions have been previously submitted to the County Assessor for consideration; and WHEREAS, the Petitioner alleged the properties described in such petitions were improperly valued for assessment, as more specifically stated in said petitions; and WHEREAS, the Board has appointed independent Referees to conduct hearings and to make findings and submit recommendations to the County Board of Equalization for its final action, based upon testimony and evidence presented by the Petitioners and the Assessor's representatives with regard to said petitions; and WHEREAS, on July 20, 2022 the Petitioner and the Assessor's representatives executed stipulations attached hereto as Exhibit "A" agreeing to a valuation for assessment with respect to those petitions identified; and WHEREAS, due to a software error, two properties were erroneously reclassified from Commercial to Agricultural; and WHEREAS, on August 2, 2022, the Board issued Notices of Decision Regarding Petition for Appeal to the Eagle County CBOE (hereinafter referred to as "Notice Letters") which used the erroneous classification to adjust the valuation of the properties to Agricultural; and WHEREAS, the Board desires to correct the erroneous classifications listed on the Notice Letters to reflect the parties' stipulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Eagle County, Colorado, acting as the County Board of Equalization, 1 DocuSign Envelope ID:E597D792-CSAB-4EOE-AEA9-46406C2345BB THAT,the Board hereby revokes the Notice Letters issued on August 2,2022 for Schedule No. R068452 and Schedule No. R068453. THAT, the Board immediately authorizes Regina O'Brian, Clerk and Recorder, and Clerk to the Eagle County Board of Equalization, to issue corrected Notice Letters with respect to the 2022 assessments of Petitioners' real and/or personal property in accordance with the parties' stipulations, the corrected letters attached hereto as Exhibit"B" and made a part hereof by this reference. [Remainder of page left intentionally blank] 2 DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, in its capacity as the County Board of Equalization, at its regular meeting held the jth day ofAugust , 2022. DocuSigned by: COUNTY OF EAGLE, STATE OF EAGLEc COLORADO, By and Through Its ts(1?1�s BOARD OF COUNTY COMMISSIONERS CoL00.Po ATTEST: "---DocuSigned by: DocuSigned by: let* A, 0-I brit.ln. B y: Qa 'eteit2RifeftwBoard of JeanStna i eeney Commissioner, Chair Kathy Chandler-Henry Commissioner DocuSigned by: AA J tLt I�n� MatteScherrE0473.. Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Absent Commissioner Scherr Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 3 DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB EXHIBIT A EXECUTED STIPULATIONS 4 DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB EAGLE COUNTY BOARD OF EQUALIZATION Eagle County Schedule Number: R068452 CBOE Docket Number: 2022-0010 STIPULATION ON PETITION FOR PROPERTY VALUATION (As to Tax Year 2022) Eric Applegate Petitioner, vs. EAGLE COUNTY ASSESSOR Respondent. • Petitioner and Respondent hereby enter into this Stipulation regarding Petitioner's property valuation appeal, and jointly move the County Board of Equalization to enter its decision based on this stipulation. Petitioner and Respondent agree and stipulate as follows: 1. The property subject to this stipulation is described and classified for assessment purposes as: (The "Subject Property") 2. The County Assessor originally assigned the following classification and value to the Subject Property for tax year 2022: Land value: $$31,110.00 Improvements: $$0.00 Total Actual Value $$31,110.00 3. After Petitioner protested the Assessor's value or classification of the Subject Property, the Assessor assigned the following classification and value to the Subject Property for tax year 2022: Land value: $$31,110.00 DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB Improvements: $$0.00 Total Actual Value $$31,110.00 Classification: Commercial 4. After appeal to the County Board of Equalization, and upon further review and negotiation, and to avoid the uncertainty and costs associated with hearing on this matter, Petitioner(s) and the Eagle County Assessor agree to the following tax year 2022 value or classification change for the Subject Property: Land value: $$210.00 Improvements: $$0.00 Total Actual Value $$210.00 Classification: Commercial 5. The Parties expressly agree that the valuation as established herein was accepted by the Parties for settlement purposes and shall be binding only with respect to tax year 2022. The parties agree that they have resolved the disputes giving rise to this action and except as expressly provided herein, Taxpayer waives any right it may have, in law or in equity, to initiate a subsequent valuation protest, appeal or abatement petition concerning the Subject Property, regardless of the basis for such appeal, for tax year 2022. The Parties further stipulate and agree that this Agreement does not constitute an admission; that it does not constitute any factual or legal precedent whatsoever; and that it may not be used as evidence in any subsequent proceeding of any kind, except in an action alleging breach of this stipulation agreement. 6. The Parties acknowledge and agree that they were able to arrive at this mutually agreeable settlement as to the actual value and or classification of the Subject Property for tax year 2022 without the need for hearing. Therefore, the Parties ask the CBOE to 1) vacate or cancel any hearing that may have been scheduled or is pending to be scheduled on this matter; and 2) enter an order establishing the actual value of the Subject Property as set forth herein. Dated July 20 , 2022. PETITIONEK-Doc"Signed by: fl4 ap Approved by CBOE Hearing Officer: *Petitioner S` �`�t7 F�7�1C4D9242F... �-DocuSignedby: Print Name: l�jll Eric Appl egate 101: *Art,44, M igned) Address: P.O. Box 9429, Avon, CO 81620 7/2l 2.D1223n7a05E5242^._. (dated) Email: eri cappl egate@traerc reek.com *if signed by Agent, an executed letter of agency must provide express authority to RESPONDENT: settle this appeal. DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB Mark Chapin, Eagle Cof�to 90A '€' br Or his Designee QlA,kVt a FD O t Print Designee Name: ••-0° a34t=Fontana 500 Broadway, Eagle, Colorado 81631 (970) 328-8640 DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB EAGLE COUNTY BOARD OF EQUALIZATION Eagle County Schedule Number: R068453 CBOE Docket Number: 2022-0010 STIPULATION ON PETITION FOR PROPERTY VALUATION (As to Tax Year 2022) Eric Applegate Petitioner, vs. EAGLE COUNTY ASSESSOR Respondent. Petitioner and Respondent hereby enter into this Stipulation regarding Petitioner's property valuation appeal, and jointly move the County Board of Equalization to enter its decision based on this stipulation. Petitioner and Respondent agree and stipulate as follows: 1. The property subject to this stipulation is described and classified for assessment purposes as: (The "Subject Property") 2. The County Assessor originally assigned the following classification and value to the Subject Property for tax year 2022: Land value: $$259,930.00 Improvements: $$0.00 Total Actual Value $$259,930.00 3. After Petitioner protested the Assessor's value or classification of the Subject Property, the Assessor assigned the following classification and value to the Subject Property for tax year 2022: Land value: $$259,930.00 DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB Improvements: $$0.00 Total Actual Value $$259,930.00 Classification: Commercial 4. After appeal to the County Board of Equalization, and upon further review and negotiation, and to avoid the uncertainty and costs associated with hearing on this matter, Petitioner(s) and the Eagle County Assessor agree to the following tax year 2022 value or classification change for the Subject Property: Land value: $$1,790.00 Improvements: $$0.00 Total Actual Value $$1,790.00 Classification: Commercial 5. The Parties expressly agree that the valuation as established herein was accepted by the Parties for settlement purposes and shall be binding only with respect to tax year 2022. The parties agree that they have resolved the disputes giving rise to this action and except as expressly provided herein, Taxpayer waives any right it may have, in law or in equity, to initiate a subsequent valuation protest, appeal or abatement petition concerning the Subject Property, regardless of the basis for such appeal, for tax year 2022. The Parties further stipulate and agree that this Agreement does not constitute an admission; that it does not constitute any factual or legal precedent whatsoever; and that it may not be used as evidence in any subsequent proceeding of any kind, except in an action alleging breach of this stipulation agreement. 6. The Parties acknowledge and agree that they were able to arrive at this mutually agreeable settlement as to the actual value and or classification of the Subject Property for tax year 2022 without the need for hearing. Therefore, the Parties ask the CBOE to 1)vacate or cancel any hearing that may have been scheduled or is pending to be scheduled on this matter; and 2) enter an order establishing the actual value of the Subject Property as set forth herein. Dated July 20 , 2022. PETITIONE> Do Signed by: fri6 1tpk ak Approved by CBOE Hearing Officer: *Petitioner SigftMiff C4D9242F... p—DocuSigned by: Print Name: Eric Appl egate Witiuss.vaot.44. Wowsigned) Address: P.O. Box 9429, Avon, co 81620 7/2L2 Bo5E5242A . (dated) Email: ericapplegate@traercreek.com *if signed by Agent, an executed letter of agency must provide express authority to RESPONDENT: settle this appeal. DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB Mark Chapin, Eagle Co-IWY,.gfittgtssor Or his Designee &MA rtAittatitzt Print Designee Name 000E ,Fontana 500 Broadway, Eagle, Colorado 81631 (970) 328-8640 DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB EXHIBIT B CORRECTED NOTICE LETTERS 5 DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB EAGLE COUNTY BOARD OF EQUALIZATION (CBOE) PO Box 850 500 Broadway Eagle, CO 81631 August 5, 2022 Eric Applegate do Traer Creek Holdings No.2 LLC P.O. Box 9429 Avon,CO 81620 Schedule Number: R068452 Re: Notice of Decision Regarding Petition for Appeal to the Eagle County CBOE In accordance with the provisions of Title 39, Article 8, of the Colorado Revised Statutes, the Eagle County Board of Equalization ("CBOE") considered your petition appealing the 2022 valuation for. assessment of the property listed by the above Schedule Number. You and the Eagle County Assessor entered into a stipulation concerning said valuation, which stipulation is hereby approved by the CBOE. Based on the stipulation of the parties, the CBOE directed the Assessor to adjust the evaluation for the subject property as follows: Classification Commercial Original Valuation $31,110.00 Adjusted 2022 Valuation $210.00 If you have any questions regarding this matter, you may contact the Eagle County Administration at (970) 328-8645 or PO Box 850, Eagle, CO 81631. Eagle County Board of Equalization DocuSigned by: By: �tl-tb iu , Regina 64t;lerk and Recorder, and Clerk to the Eagle County board of Equalization DocuSign Envelope ID:E597D792-05AB-4E0E-AEA9-46406C2345BB EAGLE COUNTY BOARD OF EQUALIZATION (CBOE) PO Box 850 500 Broadway Eagle, CO 81631 August 5, 2022 Eric Applegate c/o Traer Creek Holdings No.2 LLC P.O. Box 9429 Avon, CO 81620 Schedule Number: R068453 Re: Notice of Decision Regarding Petition for Appeal to the Eagle County CBOE In accordance with the provisions of Title 39, Article 8, of the Colorado Revised Statutes, the Eagle County Board of Equalization ("CBOE") considered your petition appealing the 2022 valuation for assessment of the property listed by the above Schedule Number. You and the Eagle County Assessor entered into a stipulation concerning said valuation, which stipulation is hereby approved by the CBOE. Based on the stipulation of the parties, the CBOE directed the Assessor to adjust the evaluation for the subject property as follows: Classification Commercial Original Valuation $259,930.00 Adjusted 2022 Valuation $1,790.00 If you have any questions regarding this matter, you may contact the Eagle County Administration at (970) 328-8645 or PO Box 850, Eagle, CO 81631. Eagle County Board of Equalization �DocuSigned by: By: 141A.A. 5-'ftiuA, Reghla SPi' ,4`lerk and Recorder, and Clerk to the Eagle County Board of Equalization