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HomeMy WebLinkAbout20132830.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES (R0853386) - GARY TIBBETS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 7th day of October, 2013, at which meeting there were present the following members: Chair William F. Garcia, and Commissioners Sean P. Conway, Barbara Kirkmeyer, Mike Freeman, and Douglas Rademacher, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being present and taxpayer, Gary Tibbets, not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petition, and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and the petition be and hereby is, denied, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED VALUATION ABATEMENT OR REFUND TAX YEAR $0.00 $0.00 2011 $0.00 $0.00 2012 $tr 2013-2830 AS0084 TAX ABATEMENT PETITION - GARY TIBBETS (R0853386) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of October, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COU€OLORADO ATTES Weld County Clerk to the Board BY: APP ounty A orney Date of signature: OCT 1 6 2013 Lau Douglas ademac Sean P. Conway Freeman ike arbara Kirkmeye 2013-2830 AS0084 PETITION FOR ABATEMENT OR REFUND OF TAXES County: WELD Section I: Petitioner, please complete Section I only. Date: 6/2/2013 Month Day Year Petitioner's Name: Gary K Tibbetts Petitioner's Mailing Address: 50 Cherry Avenue Eaton Date Received (Use Assessor's or Comm CO 80615 JUN 1 2U13 05-D WELD Ce-,wLFA -i UntriZi.S City or Town SCHEDULE OR PARCEL NUMBER(S) 070736303012 State Zip Code PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY ENT 3NW4-12 L12 BLK4 NORTHWEST SUB 3RD FILING Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for property tax year(s) 2011 and 2012 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.) Petitioner's estimate of value: $ 151110 Value (2011 )and $151110 (2012 ) Year Value Year I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is true, corred complete titioner's Signature Daytime Phone Number ( 970 ) 396-0813 By Daytime Phone Number ( Agent's Signature" `Letter of agency must be attached when petition is submitted by an agent. If the Board of County Commissioners, pursuant to § 39-10-114(1), C.R.S., or the Property Tax Administrator, pursuant to § 39-2-116, C.R.S., denies the petition for refund or abatement of taxes in whole or in part, the Petitioner may appeal to the Board of Assessment Appeals pursuant to the provisions of § 39-2-125, C.R.S., within thirty days of the entry of any such decision, § 39-10-114.5(1), C.R.S. Section II: Actual Assessed Tax Actual Assessor's Recommendation (For Assessor's Use Only) Tax Year 7v 11. Tax Year 261,t - Assessed Tax Original /9.3 d../zf / Liao to 7-r', \`7-& / S3,o o ��;$,f r �� d(�+• �/_] Corrected Abate/Refund ❑ 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 filed and a Notice of Determination has been mailed to the taxpayer, § 39-10-I 14(1)(a)(I)(D), C.R.S. Tax year: Lt? \\ Protest? 0 No (If a protest was filed, please attach a copy of the NOD.) Tax year: Protest? 0 No 0 Yes (If a protest was filed, please attach a copy of the NI 2013-2830 Assessor recomm�ends/denial for the following reason(s): f 15-DPT-AR No. 920-66/1 FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to 3 39-10-114, C.R.S. shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor, as appropriate, within six months of the date of filing such petition, § 39-1-113(1.7), C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to $10,000) 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 for 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: Actual Tax Year Assessed Original Corrected Abate/Refund Tax Year Tax Actual Assessed Tax Note: The total tax amount does not include accrued interest, penalties, and fees associated with late and/or delinquent tax payments, if applicable. Please contact the County Treasurer for full payment information. Petitioner's Signature Assessor's or Deputy Assessor's Signature Date Date Section IV: Decision of the County Commissioners (Must be completed if Section III does not apply) WHEREAS, the County Commissioners of 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 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 (being present --not present) and Name Petitioner (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 the petition be (approved --approved in part —denied) with an abatement/refund as follows: Year Assessed Value Taxes Abate/Refund Year Assessed Value Taxes Abate/Refund Chairperson of the Board of County Commissioners' Signature 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 this day of Month Year County Clerk's or Deputy County Clerk's Signature Note: Abatements greater than $10,000 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 all abatements greater than $10,000) The action of the Board of County Commissioners, relative to this abatement petition, is hereby ❑ Approved ❑ Approved in part $ ❑ Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15 -OPT -AR No. 920-66/11 Skyline Appraisal Corporation File No. 9980452 APPRAISAL OF Property LOCATED AT: 330 Cherry Avenue Eaton, CO 80615 FOR: AmTrust Bank a division of NYCB 1801 East Ninth Street Suite 200 Cleveland, OH 44114 BORROWER: Gary Tibbetts AS OF: December 22, 2010 BY: Dustin Westover Skyline Appraisal Corporation, 4302 30th Street, Greeley, CO 80634 Phone: (970) 392-1095 Fax: (970) 356-3182 File No. 9980452 Not Available AmTrust Bank a division of NYCB 1801 East Ninth Street Suite 200 Cleveland, OH 44114 File Number: 9980452 In accordance with your request, I have appraised the real property at: 330 Cherry Avenue Eaton, CO 80615 The purpose of this appraisal is to develop an opinion of the market value of the subject property, as improved. In my opinion, the market value of the property as of December22, 2010 $161,000 One Hundred Sixty -One Thousand Dollars is: The attached report contains the description, analysis and supportive data for the conclusions, final opinion of value, descriptive photographs, limiting conditions and appropriate certifications. Dustin Westove Skyline Appraisal Corporation, 4302 30th Street, Greeley, CO 80634 Phone: (970) 392-1095 Fax: (970) 356-3182 Summary Report Uniform Residential Appraisal Report File No. 9980452 The purpose of this summary appraisal report is to provide the lender/client with en accurate, and adequately supported, opinion of the market value of the subject property. I Cite Eaton Progeny Address 330 Cherry Avenue State CO Zip Cede 80615 Borrower Gary Tibbetts Owner of Public Record Gary Tibbetts Counts Weld Legal Description ETN 3NW4-12 L12 BLK4 NORTHWEST SUB 3RD FILING A s ssors Parce' R0853386/ 070736303012 Tax Vear 2009 R.E. Taxes5 763.07 e. Neighborhood Name Northwest I� Mao Reference Pierson Census Tract 15.00 m Orzvnam n Owner DI Tenant r I Vacant Special Assessments s 0 n PUD HOA $ 0 ❑ Der year n per month f� Property Rights Appraised IXI Fee Simple r Leasehold I I Other (describe) Assignment Type ❑ Purchase Transaction (Xi Refinance Transaction I I Other (describe) LendedclientAmTrust Bank a division of NYCB Address 1801 East Ninth Street Suite 200, Cleveland, OH 44114 Is the subject property currently offered for sale or has it been offered for sale in the twelve months prior to the effective date of this appraisal? [XI Yes I I No Report data soulce(s)used, offering price(s), and date(s). See Attached Addendum IN did did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sale or why the analysis was not performed. This is not a purchase transaction. Is the property seller the ovmer of public record? [XI Yes INo Data Source(s) Public Record Contract Price $ 0 Date of Contract Is there any financial assistance ((loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behalf of the borrower? ❑ Yes ❑ No If Yes, report the total dollar amount and describe the items to be paid. 0 Note: Receded the ractat composition of the neighborhood are not appraisal factors. Neighborhood Characteristics One -Unit Housing Trends One -Unit Housing PRICE AGE $(0001 (yrs) Present Land Use% Location n Urban [XI Suburban n Rural Built -Up 5% 25-75% n Under 25% Groynh Neighborhood Boundaries The immediate neighborhood boundaries are: City Limits of Eaton to the North, to the South, to the East and to the West. Neighborhood Description See Attached Addendum ",Over] 1 Rapid X Stable sisw Property Values ❑ Increasing [XI Stable I I Declining DemandlSuonly r I Shortest Marketing Time ❑ Under 3 mths X 3-6 mths Over 6 mths X In Balance Over Supply 30 Low New 355 Hinh 100 166 Pred 25 One -Unit 80 % 2-4 Unit 5% Multi -Family 5 Commercial 5 % Other Vacant 5 % Market Conditions(including support for the above conclusions) The neighborhood has a stable balance for the housing market. Most property of this type is sold offering conventional, VA, and FHA financing. Estimated points paid by the seller are 1-3%. Dimensions Irregular Area .18 Acres Specific Zoning Classification Residential Zoning Description Residential r� Zoning Compliance I1 Legal I Legal Nonconforming (Grandfathered Ilse) I I Na Zoning I lllenal(descrlhel w� Is the highest and best use of the subject property as improved (ores proposed per plans and specification) the present use? U Yes ❑No If No, describe. N/A Share Irregular View Resid/OS/Avg+ Utilitles Public Other (describe) Electricity I^I Gas IXl FEMA Special Flood Hazard Area I I Yes IN No FEMA Flood Zone C FEMA Man A 0801800001C FEMA Map Date 06/04/1980 Ave the utilities and oh -sire improvements typical for the market area? I� Yes I .1 No If No describe. N/A Are there any adverse site conditions or externalfactors (easements,encroachments, environmental conditions, land uses, etc.)? ❑Yes ❑X No Addendum Water Sanitary Sewer Public Other (describe) x X Off -site Improvements?Tvpe Public Private ❑ Street Asphalt n Aires None X If Yes, describe. See Attached Units 1X1 One El One with Accessory Unit 7 Concrete Slab X Crawl Snare Foundation Walls Concrete/Avg+ Floors M of Stories 1 Type IN Der n Att. I I S-DetlEnd Unit IXI Existing ❑ Proposed I I Under Const. Design (style) Ranch `Ica Buit 1983 Effective Age.Yrs)4 Attic Drop Stair Floor Finished 1 X I- None Stairs Scuttle Heated Appliances Refdq rater L Range/Oven Finished area above grade contains: 6 Ronms Additional features (special energy efficient items, etc.), See Attached Addendum Full Basement X Partial Basement Basement Area 995.6 en. h. Basement Finish 95% n outside Entry/Exa I I Sumo PUMP Evidence of 1 ,Infestation U Oam ness Heating FWA I I Other Cooling [XI Central Air Conditioning Settlement HWBB I I 1 soonest Fuel Gas X Individual Other Dishwasher X Disposal U Micro ave [P1Washer/Dryer X Other (describe) Fan/Hood Exterior Walls Frame/Brick/Avg+ Roof Surface Comp/Avg+ Gurus & Downspouts Gal Metal/Avg+ Window Type Stems Sash/Insulated No/Yes/ Avg+ Screens Yes/Avg+ A enities Fireolace(s) k 0 XI Patio/Deck 2/0 ❑ Porch 0 ❑ Pool 0 Other 0 Alum DbleP/Avg+ X Wood5mvels) el Fence 0 Cr/HW/TI/Avg+ Walls DW/Avg+ Ttim/Finish Wood/Avg+ Bath Floor Vinyl/Avg+ eatn Wainscot Vinyl/Avg+ Car Storage I INone IX] Driveway del Cars 2 Driveway surface Concrete X Garage It of Cars 2 Carport fencers An. n Det. In Builbt 2 Bedrooms 2 Bath(s) 1,457 Saua a Feet of Gross Living Area Above Grade Describe the condition of the property (including needed repairs, deterioration, renovations, remodeling. etc.). See Attached Addendum Are there any physical deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property? El Yes I No If Yes, describe. N/A Does the property generally conform to the neighborhood (functional utility. style. condition, use, construction, etc.)? O Yes 0 N If No, describe. N/A Freddie Mac Pew at Moms1005 Hodic Nusn ncl so m'a m, aW 2360727 rve.abaebmm Fermin Mss Pam 1004 Meech 5005 Pngel of 1004_05 es9m Summary Report File No. 9980452 Uniform Residential Appraisal Report There are 9 comparable properties currently offered for sale in the suhiect neighborhood ranoina in price from $ 83,000 tot 279,000 There are 23 comparable sales in the subject neighborhood within the past twelve months ran no in sale price from$ 30,000 tog 230,000 FEATURE SUBJECT COMPARABLE SALE NO.1 COMPARABLE SALE NO.2 COMPARABLE SALE NO.3 330 Cherry Avenue Address Eaton, CO 80615 1115 2 Street Eaton, CO 80615 1225 5th Street Eaton, CO 80615 330 Brich Avenue Eaton, CO 80615 Proximity to Subiect 0.29 miles ESE 0.23 miles NE 0.51 miles E Sale Price $ 0 $ 140,700 Ig 147,000 I 160,000 Sale Price/Gross Lit. Area $ 0 sa. R. $ 138.76 so.ft.' r g 144,97 ml.ft. _ .. $ 106.95 so.n. L. Data Source(s) Physical Inspect Coin - MLS #630179 /County/Agent MLS #615046 /County/Agent MLS #637349 /County/Agent Verification Sourcelsl External Observation External Observation External Observe on VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION .415 Aawame,r DESCRIPTION .cl s Aem0rn'ar DESCRIPTION .0 a Aeia.a"am Sale or Financing Concessions 0 Northwest Oth/103 DOM Concessions -6,850 FHA/54 DOM Concessions 0 VA/58 DOM Concessions -5,326 Date of Selelfime 09/08/2010 01/27/2010 10/15/2010 Location Northwest Northwest Mountain View Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Site View Design (Style) Quality of Construction Actual Age Condition Above Grade Room Count .18 Acres Resid/OS/Avg+ Ranch Frame/Brk/Avg+ 27 Years Above Average Total 6 NemL 2 Karts 2 +/-.25 Acres Resid/Avg+ Ranch Frame/Brk/Avg+ 34 Years Above Average Total 6 evlts 3 nets, 5,000 Eff Similar 2,000 8,900 +/_25 Acres Resid/OS/Avg+ Ranch Frame/Avg+ 35 Years Above Average Tani 5 Eff Similar tilrmz 2 Baths 25 Acre Resid/Avg+ Ranch Brick/Avg+ 42 Years Above Average Teal 5 5,000 Eff Similar 2,000 8,900 elms 2 Balls 1.5 1,000 -800 1,014 1.014 1,496 so, f, a Einjshea 995 Sg.Ft. 1014 Sq. Ft. -100 1014 Sq. Fl. -100 1160 Sq. Ft. -800 IB;;;;;; Rooms Below Grade 95% Finished 75% Finished 900 90% Finished 200 90% Finished -500 Functional Utility Average Average 0 Average 0 Average 0 FWA C/Air None Noted 2 Car Att Garage C/Pt, EnPat None/ W/S None Sprinklers FWA None None Noted 1 Car Att Garage Deck None/None Fence None IXI. I I. NetAdj. 14.3% Gross Ad 25.6% 2.500 FWA C/Air one G Enemy Efficient Items GeraoelCarpon Porch/Pa I info eek Fireplace/WS Fence Sprinklers Net Adjustment (Total) Adjusted Sale Price of Comparables U did ❑. did notreearth the sale or transfer history of the subject property and comparable sales. If not. explain My research I^I did r did not eveal any prior sales or transfers of the subiect property for the three years prior to the effective date of this appraisal, Data source(s) Public Record, County Assessor, MLS 3,000 3,000 750 -1,000 2,000 20,100 None Noted 1 Car Att Garage Deck None/None Fence Sprinklers X. El - 3,000 3,000 750 -1,000 0 16,750 None Noted 2 Car AU Garage C/Patio None/ W/S None None n+ ❑- Net Adj. 3.8% GrossAdi. 13.1% 0 3,000 0 2,000 6,074 $ 160,800 NetAdj. 11.4% Gross Adj. 12.9% 163,750 166,074 id X dltlnot reveal any Prior sales or Vanslers of the comparable soles Forrhevearrriorto the dote of sale o%he comparable Se Data source(s) Public Record, County Assessor, MLS Reran the results of the research and analysis of the prior sale ortransfer history of the subject propertyand comparable sales (report additional prig sales on pane 31. ITEM SUBJECT COMPARABLE SALE NO.1 COMPARABLE SALE NO.2 COMPARABLE SALE NO.3 Dale of Prior Sale/Transfer 08/20/2010 None found within None found within None found within Price or Prior Sale/Transfer 155000 1 year of last sale 1 year of last sale 1 year of last sale Data Sourcels) County Record County Record County Record County Record Effective Date or Data Source( s) 12/15/2010 12/15/2010 12/15/2010 12/15/2010 Analysis of prior sale or transfer history of the subject property and comparable sales See Attached Addendum Summaryor Sales Comparison Approach. See Attached Addendum Indicated Value b Sales Comparison Approach $ 161,000 Indicated value bv: SatesComoatlson Approach $ 161,000 Cast Approach (ifdevelooed)$ 195,300 IncomeApproeeh (if developed) $ N/A See Attached Addendum 2 0 This appraisal is made IN 'as is;' ❑ subject mcompletion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed, ❑ 8 subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed, or ❑ subject to the following required 0 inspection based on tee extraordinary assumption that the condition or deficiency does not require alteration or repair: This appraisal is being made "As is" with no o conditions attached. ce Based on acomplete visual Inspection of the interior and exterior areas of the subjectproperty, defined scope of work. statement of assumptions and limiting conditions, and appraiser's certification, my (our) opinion of the market value, as defined, of the real property that the subject of this report is $ 161,000 ay& 12/22/2010 ,which is the date oflnsoecdon and the effective dated this appraisal. FMJWMac Form 50 Mass 2005 heated mica ael eissae. a1X1.111 seoa xvmatl"luvm Page 2 of6 Appraisal Express Services t004_c50W909 Summary Report Uniform Residential Appraisal Report File No. 9980452 This appraisal report is intended only for the party listed in the Lender/Client portions of this Appraisal report. The appraiser of this report certifies that he is current with all license requirement and continuing education required by the state of Colorado. Appraiser feels that he is knowledgable in the markets in which he performs appraisals and appraisal work. However, appraiser is not licensed or certified in the following fields: house inspection, bug or pest infestation, E.P.A. Guidelines and requirements, structural engineering, soil testing or any other non appraisal real estate related inspections. Appraiser reserves the right to change estimated value due to new information not discovered during the normal process used in appraising. It is at the sole responsibility of the Lender/Client to request any and all additional inspection which may or may not be needed. The Intended User of this appraisal report is the Lender/Client (and HUD, as applicable). The Intended Use is to evaluate the property that is the subject of this appraisal for a mortgage finance transaction, subject to the stated Scope of Work, purpose of the appraisal, reporting requirements of this appraisal report form, and Definition of Market Value. No additional Intended Users are identified by the appraiser. This report has been prepared in compliance with HVCC guideline . COST APPROACH TO VALUE (not required by Fannie Mae) Provide adeuvate information for the lender/client to replicate the below cost figures and calculations. Support for the opinion of site value (summary of comparable land sales or other methods for estimating using both MLS and County Records. site value) Opinion of site value is derived from an estimate ESTIMATED IX] REPRODUCTION OR n REPLACEMENT COST NEW OPINION OF SITE VALUE .................... ..... ..,,,..,,-$ 36,000 Source of cost dote Bluebook Dwelling 1,457 So. Ft.@$ 85.00 -$ 123,845 oualiN rating from cost service Builder Effective date of cost data 12/15/2010 Bsmt: 995 sq. Ft. @5 20.00 _s 19,900 Comments on Cost Approach (moss living area calculations, depreciation etc.) C/Pat, EnPat 7,451 Land value is assessed at $36,000 . Data source Public Records. cerace/Cerpon 466 Sn. Ft. @ S 20.00 _ 5 9,320 Physical life is estimated at 60 years, with an Effective Age Total Estimate of Cost -New = 5 160,516 estimated at 4 years, resulting in a 7% depreciation. Using the Less 60 Physical Functional External Age/Life method of depreciation, $11,236 has been deducted from Deprectalion 7% 0% 0% - $ t 11,236' the Total Cost New. Depreciated Cost of Improvements = 5 149,280 'Avis'Value of Site Improvements = 5 10,000 Estimated Remaining Economic Life (HUD and VA only) 56 Years INDICATED VALUE BY COST APPROACH =$ 195,300 INCOME APPROACH TO VALUE (not required by Fannie Mae). Estimated Monthly Marker Rent$ N/A X Gross Rent Multi tier N/A - 0 'minima- by Income App roach Summary of Income Approach (including support for market rent and GPM) N/A PROJECT INFORMATION FOR PUOs (if applicable) Is the developer/builder in control of the Homeowners Association (HOA)? I j Yes I I No Unit hosts) ( t. I Detached n Attached Provide the following information for PUDs ONLY if the developer/builder is in control of the HOA and the subien property is an attached dwelling unit. Legal name of project N/A Total number of phases N/A Total number of units N/A Total number of units sold N/A Total number of units rented N/A Total number of units for sale N/A Data source/a) N/A fo Was the project created by the conversion of an existing buildinn(s) into a NMt IYes n No If Yes date of conversion. N/A Does the project contain any multi-dwellinn ends? ❑Yes nNo Date sources) N/A Are the units, common elements, and recreation facilities complete? ❑Yes 0 N If No, describe the status of completion. N/A Are the common elements leased to or by the Homeowners' Association? I.1 Yes ID No If Yes, describe the rental terms and options. N/A Describe common elements and recreational facilities. N/A froevie Mee Pam )0 Moron 1005 Pagel see 1C04,05 090001 NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 www.co.weld.co.us Date of Notice: 6/22/2011 Telephone: (970) 353-3845 or (720) 652-4255 Fax: (970) 304-6433 E-mail: appeals@co.weld.co.us Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R0853386 2011 3899 ETN 3NW4-12 L12 BLK4 NORTHWEST SUB 3RD FILING 330 CHERRY AVE, EATON PROPERTY OWNER TIBBETTS GARY K 50 CHERRY AVENUE NO 10 EATON, CO 800615 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW RESIDENTIAL 191,203 183,000 TOTAL $191,203 $183,000 The Assessor has carefully studied all available information, giv ng particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: AL02 - The actual valuation of your property has been adjusted based on new information. This may be information you have supplied, corrections of characteristics or additional sales which we have uncovered during the appeals process. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The deadline for filing personal property appeals is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: Weld County Board of Equalization 915 10th Street, P.O. Box 758 Greeley, CO 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 12, § 39-2-125(1)(e), C.R.S. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9th Avenue and 9th Street Denver, CO 80203 P.O. Box C (303) 866-5880 Greeley, Colorado 80632 www.dola.colorado.qov/baa (970) 356-4000 Ext. 4520 Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2010? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. Signature Telephone Number Date 15-DPT-AR PR 207-08/11 R0853386 13759 'Attach letter of authorization signed by property owner. September 16, 2013 CLERK TO THE BOARD PHONE (970) 336-7215 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 GARY K TIBBETS 50 CHERRY AVE EATON, CO 80615 RE: SCHEDULE NUMBER R0853386 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 330 Cherry Ave, Eaton, Colorado (ETN 3NW4-12 L12 BLK4 Northwest Sub 3'i Filing). The meeting is scheduled for October 7, 2013, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. The Assessor is recommending that the Board deny your petition. You are not required to be present at this hearing; however, this is your opportunity to have your position heard, especially if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 336-7215. Sincerely, Tammy Waters Deputy Clerk to the Board cc: Assessor November 6, 2013 CLERK TO THE BOARD PHONE (970) 336-7215 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 GARY K TIBBET 50 CHERRY AVE "2/D EATON, CO 80615 RE: SCHEDULE NUMBER R0853386 Dear Property Owner: On October 7, 2013, the Board of Weld County Commissioners considered your petition for abatement or refund of taxes and denied same. Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and instructions from: Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 in preparation for appealing to the State Board of Assessment Appeals you may also go to the following state link to obtain any further information you ' may need to proceed, http://vvvvw.dola.state.co.us/baa/index.htm Very truly yours, Donna Bechler Deputy Clerk to the Board cc: Assessor 1 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent orPO, N or PO Bo :S City, State, ZIP+4 u ` O (.^?1rverf.i i;1%s2-' : ,: cherry ve__ pY�f�ilAt 4J7JSF,;ft�Y_e ei iSbiL7 1}�GnCtGFy Donna Bechler From: Donna Bechler Sent: Wednesday, November 13, 2013 11:58 AM To: 'gtibbetts@zinpro.com' Subject: Petition for Abatement of Refund of Taxes - Denial Attachments: R0224795.pdf; R0853386.pdf Mr. Tibbett, I am e -mailing you a copy of both of these Tax Petitions at your request. Let me know if you have any questions. Sincerely, Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. t Donna Bechler From: Sent: To: Subject: TIBBETTS, Gary [GTibbetts@Zinpro.com] Wednesday, November 13, 2013 3:34 PM Donna Bechler RE: Petition for Abatement of Refund of Taxes - Denial Thank you. yes, I did received the documents. Gary K Tibbetts 970-396-0813 From: Donna Bechler [mailto:dbechler@co.weld.co.us] Sent: Wednesday, November 13, 2013 11:58 AM To: TIBBETTS, Gary Subject: Petition for Abatement of Refund of Taxes - Denial Mr. Tibbett, I am e -mailing you a copy of both of these Tax Petitions at your request. Let me know if you have any questions. Sincerely, Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Hello