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Home My WebLink About20111793 (it0 CLERK TO THE BOARD PHONE (97O) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Ci COLORADO July 27, 2011 BAESSLER CONSTRUCTION CO INC 3505 HOLMAN COURT GREELEY, CO 80631 RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R1828702 PARCEL #: 1059081O8004 - JOH 1JOHF L4 BLK5 JOHNSTOWN FARMS FG #1 DESCRIPTION OF PROPERTY: ACCOUNT #: R1828902 PARCEL #: 105908108006 - JOH 1JOHF L6 BLK5 JOHNSTOWN FARMS FG #1 Dear Petitioner: On July 26, 2011,the Board of County Commissioners of Weld County, Colorado, convened, and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered your petition of appeal of the County Assessor's valuation of your property described above,for the year 2011. The Board of Equalization found that the evidence presented at the hearing supported the value placed upon your above described property as set below. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated by law. The assessment and valuation is set as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY SET BY BOARD ASSESSOR $18,556 $18,556 Ce: Pe-i(zemr) 7/a7/// 2011-1793 AS0079 BAESSLER CONSTRUCTION CO INC - R1828902/R1828702 Page 2 A denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options; however,said appeal must be filed within 30 days of the denial: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's(CBOE's)decision to the Board of Assessment Appeals (BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), C.R.S.) Appeals to the BAA must be made on forms furnished by the BAA, and such appeals should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 NOTE: On or after August 10, 2011, any appeal of the valuation of rent- producing commercial real property to the Board of Assessment Appeals shall provide to the County Board of Equalization the following information within ninety (90) days after the appeal is filed. For two full years, including the base year for the relevant property tax year: (1) actual annual rental income (2) tenant reimbursements (3) itemized expenses (4) rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space Fees: A taxpayer representing himself is not charged for the first two appeals to the Board of Assessment Appeals; however,a taxpayer being represented by an agent or an attorney must submit a fee of$101.25 per appeal. OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1), C.R.S.) OR 2011-1793 AS0079 BAESSLER CONSTRUCTION CO INC - R1828902/R1828702 Page 3 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, C.R.S.) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, e Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor ERA TRADEWIND REAL ESTATE C/O TOM DUNN 601 S BOWEN LONGMONT, CO 80501 2011-1793 AS0079 Weld County CHRISTOPHER M.WOODRUFF COUNTY ASSESSOR BRENDA DONES,DEPUTY ASSESSOR VALUATION REPORT OF VACANT LAND FOR Weld County Board of Equalization DRAKE PARTNERS LLC i- Ride, F2 Ca - sreuc7ioDo Co INc_, PETITIONER Vs. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 1059-08-1-08-002 Schedule Number: R1828502 Log Number: 5433 Date: 7/26/2011 Time: 04:50 PM Board: Board #1 PREPARED BY VERMEDA GERKIN WELD COUNTY ASSESSOR'S OFFICE STAFF APPRAISER ASSESSOR'S VALUE VACANT LAND/LOT $18,557 Total: $18,557 p7c//_/7Q3 CBOE_VacLand_070996 Page 1 ACCOUNT NUMBERS PROTESTED R1828902 R1828702 R1849802 R1849702 R1849602 R1849502 R1849302 R1849202 R1847102 R1828602 R1828502 CROE_VacLand_01099E Page; GENERAL DESCRIPTION OF SUBJECT Johnstown Farms Filing 1,platted August 2002,with 268 lots and 1 tract. The subdivision is being built in multiple phases with this appeal on 11 lots in phase 1. Phase 1 has 130 buildable sites. In the 18th months prior to June,30,201010 lots sold to final user. Fifty-six lots are entitled to present worth discounting. Johnstown Farm,Johnstown,Colorado Well c 1. itv, Cotoratio Weld County- Internet Mapping bllrl^1cr,M1la nm0 i iohcnvon 014 003 031 037 014 003 014 003 014 003 032 036 013 004 013 004 013 004 013 004 033 034 035 012 005 012 005 012 005 012 005 011 006 SETTLER WAY 011 006 011 006 011 006 ' 010 007 010 007 I 010 1 007 010 007 009 008 019 009 008 009 008 009 008 SETT.FR WAY SETT-ER WAY 018 001 018 001 018 001 018 001 018 001 017 002 017 002 017 1 002 017 002 017 002 016 003 016 003 016 r 003 1' 016 003 010 003 015 004 5 015 004 3 : 015 IIVw004 : 015 004 z 015 004 •'a 014 005 r2 014 005 o 014 q 005 ° 014 005 E 014 005 W Lg‘j W 6u LL _ Q 013 006 013 006 f! 013 I 006 I 013 006 013 006 V 012 007 012 007 012 '' 007 012 007 012 007 011 008 011 008 011 008 011 008 011 008 010 009 010 009 4 0 In-1 009 010 009 010 009 CENTENVIAL DR CROE_Vaclantl 01099' Page Subject Photos . .. _ _ __.i.. . . . . ... _ . _ _ . . • if ' t '� .. I , _, s 1:, CORNER VIEW rpiammo".._ __ .. LOT VIEW NS Johnstown Farms r!'"_PP- HOMES !EOM THE LOW $170'S 303-807-$966 TT 1 4 • • 07/25/2011 SALES SIGN CBOE_VacLand_010998 Page 4 APPROACHES TO VALUE The value of vacant, non-agricultural land shall be determined by appropriate consideration to the cost, market, and income approaches to value,as required by§ 39-1-103(14)(b), C.R.S. Assessors are required to consider,and when applicable,to apply the present worth valuation procedure when using the market approach to value vacant land,§ 39-1-103(14)(b), C.R.S. As required by 39-1-104(10.2), C.R.S., the market value is determined by utilizing data from the period of one and one-half years immediately prior to June 30th, 2010. If sufficient comparable valuation data is not available within the eighteen-month time period,the assessor shall use market data from the five year period immediately prior to June 30th, 2010. When appropriate, all sales are to be time adjusted tc the appraisal date of June 30th, 2010. Although the appraisal date is June 30, 2010,the physical characteristics are reflective of the property a: of January 1, 2011. DEFINITION OF MARKET VALUE: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms,for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self interest, and assuming that neither is under undue duress."{The Appraisal Institute} DEFINITION OF MARKET PRESENT WORTH DISCOUNTING:A procedure used to convert periodic income, cash flows and reversions into present value. Present value is based on the assumption that benefits received in the future are worth less than the same benefits received now. The objective is to determine the present worth, i.e., the actual(market) value, as of the appraisal date, of the vacant land, not its future value. {The Appraisal Institute} Discounting of vacant land establishes the present worth of vacant land that will not likely sell within one year.The reason for vacant land present worth valuation is to account for the time, in years, necessary to sell an inventory of vacant lots, sites, parcels, or tracts.According to Colorado law, the present worth valuation of vacant land is synonymous with actual or market value. Per 39-1-103(14)(b), C.R.S.,the use of present worth shall reflect the anticipated market absorption rate for the lots within such plat, but such time period shall not generally exceed thirty years. After consideration of the cost, market and income approaches to value, the final market value of the property as of June 30th, 2010 is: ASSESSOR'S VALUE VACANT LAND $18,557 Total: $18,557 CBOE_VacLand_01099d Page: Cost Approach The developmental cost method, or cost approach, is used primarily where sales are limited and the land is in transition from agricultural use to residential, or if the lots are not yet fully developed. This method was not used as these lots were fully developed. Income Approach Since there was no data available for the capitalization of ground rents on vacant residential lots, the income approach was not utilized. Market (Sales) Approach Since there was an adequate quantity of qualified sales data available, the direct sales comparison approach was deemed the best method in determining the adjusted sales price. The Weld County Assessor's Office has verified that the comparable sales are arms-length transactions based on review of the Real Property Transfer Declaration, telephone or personal confirmation interviews and physical inspections to confirm property characteristics at the time of sale. Three vacant land sales were found in the area that are comparable based on location and physical attributes, supported with sales allocation in the subdivision $35,400. Parcel Number Sale Date Sale Price Land Size Per Acre Comparable 1 106112109007 6/22/2010 $45,500 7,496 Comparable 2 105905331081 3/8/2010 $35,500 12,513 Comparable 3 105906405022 1/22/09 $69,000 18,001 Comparable 1 is a lot from Clearview Subdivision, west of the subject subdivision, lot purchased June 22, 2010 for $45,500, and the lot is 7,496 square feet. Comparable 2 is a lot from Redstone Subdivision, north of the subject subdivision, lot purchased March 3, 2010 for $35,500, and the lot is 12,513 square feet. Comparable 3 is a lot from Rolling Hills subdivision, north, west of the subject subdivision, lot purchased January 1, 2009 for $69,000, and the lot is 18,001 square feet. Allocation Method There were 22 sales of improved properties (those with houses) during our data period in this phase. The sales prices ranges from $131,600 to $210,000, the average sales price $165,988. At 20% land to building ratio, the allocation method calculates to $35,400, supporting the current market value. CBOE_VacLand_010998 Page 6 c licpi CR52 cc 0 --_. CR52 rn id ir N- S) Cr:ra v 4? rc CR6LI.64, CC f1 ti CR 50 C_R 60 V I p J I� iL W J 111 ilt.,, }Ij tom. '' � C R �13S it akno3 I.'I i `I I. -i ,` OM p #3 ��rn�� #2 rn A I _ - ( -- i I I him 'a r IZTPL fit 12 ic..— b ,t ' ' n d l �j II •' • S7 --1 E ` y • # r �— (vl -4. ! ii CJ4iLSp r - I , A I tst I Nr. al 0 NHS TOW'S it C_ 0 to p l a. 41---. • tR 48.5 CR4$ t--- r) Et I CBOE_VacLand_010998 Page 7 Market Present Worth Discount 4,0844 080646 JOHNSTOWN FARM FG1 PH t Interest 0.15 MarketAdliatmants: Market Valle $35,000.00 i..FinancIngApstment (t) $0.00 2;ximaArjustnlelx (t) .Property Ctlerecterleltcs (s $0.00 4.,Adjusted Sales Price "ASP (^) $35,000 01 Determine Unadjusted Selling Price: 6:-Una4usted Sang Price(UASP) $35,000 00 6. Development Costs a.Solt/indirect I-) b.Herdroirect ("). 50.00 7. UA.RP Less Development Costs (^) $35,000;(10 Celcltladlon of;Absorption Period: Tot 130 8. Tatar Parcels Sokf {/)., 10 a,Elected Data Collection Period (e} 18 b.Absorption Per Month (x)- 0.5555555556 c.Calendar Year Months (=) ;; 12 d.Absorption Per Year 9. Remaining Unsold Parcels (A 56 a,Absorption.Per Year(Step 8d) (31) !_ 8.686688886 PercertUnsold 0.4308 b.Absorption Period Remaining(yrsl 1Q:Adjusted Sales Price(ASP) (0 ': $35,00000 PW% 0.5362 a.rAi sorpkttu lxedod Remaining(yrs) (_} 9 b.Ar dated Sales Price PerYr (x) $3,888.89 Actual Value $18,556.16 c.Present Worth of One Per Period :;(_) 4;77'1584 Therefore, the total market value is: $18,556 per lot Multiplied by 11 lots Fora total value of$204,116 CBOE_VacLand_01099E Page E VACANT/SUBDIVISION LAND QUESTIONNAIRE Regrind by!a9-t-10304x0)and(e(,CRS. PLEASE RETURN TO WELD COUNTY ASSESSOR BY MARCH 20,201 i This questionnaire provides you with as easy method to submit infommion to the county assessor concerning VACANT W1S within yourdevelopment. The questionnaire Is in three parts,Part I requests market intirroaason on lots sold:Part II requests a breakdown of lob by stage of darelapment using the enclosed map. Part HI requests development costs for each stage ofdevelopmenr. Information should be by approved plat(filing). DUPLICATE THIS QUEST1ONNAIRE FOR EACH APPROVED PLAT(FILING or PHASE). Infamslion requested nay be submMed in a faint adapted to you Inventory system in lieu adds questionnaire. All In Rwandan provided by the developer shad be kept confidential by the—or. APPROVED PLAT: .whMtovn rasns riling no. i - flume iv TOTAL#OF LOTS IN THIS APPROVED PLAT: 40 NUMBER OF PHASES: 1 TOTAL#OF LOTS IN EACH PHASE: a LAND DEVELOPED BY: acewetorm +mesa Lit PART I VACANT LOT SALES WITHIN II IE APPROVED PLAT; Price range it lots on June 30,2912 with 100%of infrastructure completed:$as.o" io S "193°. Range is far ultiple[single lot purchase. MRTi, LOT STATUS WITHIN THE APPROVED PLAT: Please use the enclosed map to indicate the different stages of completion in this subdivision as of January I,2011. For example,draw lines on the enclosed snap to show which lots are 100%complete, which lots have water and sewer only,which lots have curb and gutter,and which lots have wet and dry utilities. Please note if any area is undeveloped. What is the current use of the undeveloped area? Vacant Lets with native Vegetation If the land Is agricultural,then what Is the type of farming or ranching? PART 111 DEVELOPMENT COSTS WITHIN THE APPROVED PLAT: Cost of Clearing and Grading 33.400 per Ace/ . r Lo Total(Circle One) Installation of Sewer and Water lines S saes per Acre per Lot Total Cost of Paving,Curb,and Gutter 311,000 per A. - per Lot Total Installation of Electricity Lines 33.005 per A per Lot otal Installation of Gas Lines S i00 per Acre per Lot Total Installation of Phone/Cable S eso per Acre • -r • ' Total Person compledigq, ire: Pietnehnrann (plane print mat) Signature: ,- ' -- Date Completed: 2/25/201 Phone:72e-20-CM 3 8 064(0 CBOE_VacLand_010998 Page 9 L-/: 56 7/26 NOTICE OF DETERMINATION Christopher M.Woodruff Date of Notice:6/22/2011 Weld County Assessor Telephone: (970)353-3845 or(720) 652-4255 1400 N 17th Ave Fax: (970)304-6433 Greeley,CO 80631 E-mail: appeals@co.weld.co.us www.co.weld.co.us Office Hours:8:00 AM-5:00 PM ft. 5 y�y I �'1 �. 'fit iLmt .y •� .. , �d �yr TNI ". '.. R1828702 2011 0565 J0H 1JOHF L4 BLK5 JOHNSTOWN FARMS FG#1 474 FRONTIER LN,JOHNSTOWN BAESSLER CONSTRUCTION CO INC 3505 HOLMAN COURT GREELEY,CO 80631 kw VACANT LAND 18,557 18,557 $18,557 $18,557 Rra., saa The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review Is based on the following: LN16- The discount procedure for your subdivision has been checked and it is correct based on instructions published by the state division of property taxation. 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. TRADEWIND REAL ESTATE C/O TOM DUNN 601 S BOWEN ST LONGMONT CO 80501 2011-1793 Yti IMAP ENgi( +li EV <.,-44K M'..t'4�'i.'"ricact County Board of Equalization Hearings III be held from July 1 through August 5 at 915 10th Stre t,Greeley,CO To appeal the Assessor's decision, complete t Petition to the County Board of Equalization shown below,and mail or deliver a copy of both ides of this form to: Weld County Boa of Equalization 915 10'"Street P.O.Box 758 Greeley, O 80632 Telephone(970)3 6-4000 Ext,4225 To preserve your appeal rights, your Petition o the County Board of Equalization must be postmarked or delivered on or before July 15 f' r 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 rec mmend that all correspondence be mailed with proof of mailing. You will be notified of the date and time sche.uled for your hearing. The County Board of Equalization must mail a written decision to yo within five business days following the date of the decision. The County Board of Equalizatio must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do n receive a decision from the County Board of Equalization and you wish to continue your ap'-al, 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.aov/baa (970)356-4000 Ext. 4520 Binding Arbltrptlon For a list of arbitrators,contact the County Com issloners at the address listed for the County Board of Equalization. if the date for filing any report, schedule, c/a , tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or l::gal holiday, it shall be deemed to have been timely filed if filed on the next business day,§3 1-120(3), C.R.S. n.'' What Is your estimate of the property's value as ' June 30,2010? (Your opinion of value In terms of a specific dollar amount Is required for real pro.:dy • rs ant to§39-8-106(1.5), C.R.S.) $ :4 What Is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supportin documentation, i.e., comparable sales, rent roll, original Installed cost,appraisal,etc.) (� ,t 7� eet.sep L ce aAoc y Cnanl69 -Pcs4 {ee t( �e�.,,v.$[cL ,_Eidi2hAS 12ii0 keik � n`n`.A'M ra to 'tno , .k�g,M kkt*—. . 4 :Fik'w,;..d I,the undersign wner r agent' of the property identified above, affirm that the statements contained her ' n hm nts hereto are true and mplete. 63 -fa3A 5/lfOa( ignature Telephone umber Dat 'Attach letter of authorization signed by property ow r. NOTICE OF DETERMINATION Christopher M.Woodruff Date of Notice:6/22/2011 Weld County Assessor Telephone:(970)353-3845 or(720) 652-4255 1400 N 17th Ave Fax: (970)304-6433 Greeley, CO 80631 E-mail: appeals@co.weld.co.us www.co.weld.co.us Office Hours:8:00 AM-5:00 PM ��yq 6( S R1828902 2011 0565 JOH 1JOHF LB BLK5 JOHNSTOWN FARMS FG#1 482 FRONTIER LN,JOHNSTOWN BAESSLER CONSTRUCTION CO INC a 3505 HOLMAN COURT _' " GREELEY,CO 80631 • VACANT LAND 18,557 18,557 r, $18,557 $18,557 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: LN16- The discount procedure for your subdivision has been checked and it is correct based on instructions published by the state division of property taxation. 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. TRADEWIND REAL ESTATE 0/O TOM DUNN 601 S BOWEN ST LONGMONT CO 80501 County Board of Equalization Hearings Will be held from July 1 through August 5 at 915 10th Str t,Greeley,CO To appeal the Assessor's decision, complete t e Petition to the County Board of Equalization shown below, and mail or deliver a copy of both ides of this form to: Weld County Boa td of Equalization 915 10th Street'P.O.Box 758 Greeley, 0 80632 Telephone(970)3 6-4000 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 r real property and on or before July 20 for personal property—after such date, your right o appeal is lost. You may be required to prove that you filed a timely appeal;therefore, we rec mmend that all correspondence be mailed with proof of mailing. You will be notified of the date and time sch uled for your hearing. The County Board of Equalization must mall a written decision to yoi. within five business days following the date of the decision. The County Board of Equalizatlo 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 ap eal, you must file an appeal with the Board of Assessment Appeals by September 12, §39-2-25(1)(e),C.R.S. If you are dissatisfied with the County Board of qualization's decision and you wish to continue your appeal, you must appeal within 30 days of he date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 3 5 9th Avenue and 9th Street Denver, CO 80203 P.O. Box C (303)866-5880 Greeley, Colorado 80632 www.dola.colorado.gov/baa (970)356-4000 Ext. 4520 I Binding Arbitration I-or a list of arbitrators,contact the County Com I issioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, cla , tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or I al holiday, it shall be deemed to have been timely filed if filed on the next business day,§3 1-120(3) C.R.S. [7',"4"v , :p t1 t a f fK fi 110N" '.w.. ¶N --1 What is your estimate of the property's value as t June 30,2010? (Your opinion of value in terms of a specific dollar amount Is required for real r pgrhr pursuant to§39-8-106(1.5),C.R.S.) /1•.<,WOO What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supportin documentation, i.e., comparable sales, rent roll, original installed cost,appraisal,etc.) A '! ' ^ fi�r-^ 71eo -e sce rocp-0 -6:v at( j'.,,.Sla.._sw. -1�Viw. L,665 I,the -. d: ••• owner or ;gent of the property i entified above, affirm that the statements contained h: in d o`'-ny :chme +s hereto are true and c mplete. -- 303-6 -6.321 7l/`f/7ol ignature Telephone Number Dat Attach letter of authorization signed by property owrer. CMA-Listing Report Page 1 of 1 Sold Listings MLS# Stet Address Price Type Area BDBASgFt Listing Office D0M/CDOM IRES S 2134 glue Win Dr $8,000 LAND 10/30 MB/Real Tech Enterprises, 810879 gInc. 184!184 IRES 420 Castle Pines S $14,000 LAND 10/30 Home Real Estate 218/218 805739 Ave iRES 424 Castle Pines $14,000 LAND 1W30 Home Real Estate 218/218 805749 Ave Sold Summary »...._ Count Total Price High Price Low PAP Avg Price Median Price AD0M/ACD0M 3 $38000 $14,000 $8,000 $12,000 $14,000 206/208 Cumulative Comparative Market Analysis Status Count Total Price High Price Low Price Avg Price Median Price AD0M/ACDOM Sold 3 $38,000 $14,000 $8,000 $12,000 $14,000 208/208 Active 0 Withdrawn 0 Expired 0 Pending 0 ALL 3 330000 $14,000 $8,000 312,000 $14,000 201/206 Listings Included In this report are selling at an average of 77%or listing price. Tom Dunn ■ Tradewind ERA Tradewind Real Estate, Call:303-775-4495 LAC Or Email:TornLDunn©gmall.com E RA Real Estate httpJ/www.DunnTeamColorado.com gall:303-772-9820 Prepared Ely:Tom Dunn-May 29,2011 2:55:15 PM b,rurmatlon deemed reliable but not guaranteed.MLS content and Images Copyright 1995-2011,IRES LLC.Alt rights reserved. http://www.iresis.com/MLS/awa/reports/listing?reportName=CMA_Fu11 5/26/2011 1 Per Page-Listing Report Page 1 of 26 IRES MLS#:610679 PRICE:$10,800 2134 Blue Wing Dr,Johnstown 80534 VACANT LAND/LOTS SOLD Locale:Johnstown County:Weld NO PHOTO AVAILABLE Area/SubArea:10130 Map Book:N-0-x Subdivision:Stroh Farm Legal:Lot 10 Blk 12 Stroh Farm Fg#1 Coor Situs Johnstown 000000000 Nearest Town: Miles To Nearest Town: Built: BgFt Source: New Const:- Builder Listing Comments:There are 5 lots In the price of 554,000.Lot 26 Blk 13, Elementary: Lot 25 Blk 13,Lot 7 BLK 13,Lot 5 BLK 13 and Lot 4 Blk 13 all Filing#1 Middle/Jr.: Stroh Farm.This is an FDIC owned property.FDIC requires their contract High School: to be used.Buyer to verify all information.Earnest money to be a minimum School District: of 5%or$2000 whichever la greater,Seller will not pay back taxes or HOA — ----•— fees for any sale of$50,000 or lase.PLEASE SEE Lot Size: Approx Acres DOCUMENTS/ADDITIONAL PROPERTY INFORMATION TO GET FDIC Elec: Water:City of Johnstown FORMS. Gas: Taxes:$1,348/2008 Sold Date:03/25/2010 Sold Price:$8,000 PIN: Zoning:R Terms:CASH DOM:184 DTO:168 DTS:184 Waterfront:No Water Meter hurt:No Down Pmt Assist:N Well Permit#: Concession Type:None HOA:Mvp Realty Inc.303-804-9800Pro a Features____.-.�..._._._.._......_......_..._.___-- HOA Fee:$135.00lQ Xfer:Yes Rsrv:No Land Size:<.25 Acre Number of Living Unit Allowed:1 Unit Allowed Water Tap Fee:n/a Sewer Tap Fee:n/a Water/Sewer.City Water Ownership:Lender Owner/REO Possession:1- irrigation Water Rights:No 3 Days after Closing Flood Plain:Minimal Risk Has Irrig Ditches:No Well Information: Water Rights: La ke/Reae rvol r/Streem: Crops: Improvements on Prop:No Contact:Tom Dunn Phone:303-776-4495 Cell:-Email:TomLDunnegmail.com Office:ERA Tradewind Real Estate,LLC Phone:303-772-9820 LA:James Frazee LO:MB/Real Tech Enterprises,Inc. Prepared By.Tom Dunn-May 25,2011 3:41:59 PM Information deemed reliable but not guaranteed.MLS content and maps Copyright 1995-2011,IRES LLC.Ail rights reserved. http://www.iresis.com/MLS/awa/reports/listing?reportName=One_per_Page 5/25/2011 1 Per Page-Listing Report Page 2 of 26 Cr = A .: `''" .-1•: -_ .:,,;- IRES~ PRICE:$17,950 t4',- te 4", .--- ,,n-. :2,!. -�-. 420 Castle Pines Ave,Johnstown 80534 ..! :, w ... 1 VACANT LAND/LOTS SOLD ,,:-~ :_ crT Locale:Johnstown County:Weld ' - Area/SubAras:10/30 Map Book:O-196-W Subdivision:Johnstown Farms .. • Legal:Lot1 Block 16 Johnstown Farms Fll#1 • Nearest Town:Johns Mlles To Nearest Town: • Built: 8 Ft Source: • New Const:- Bulldler. Listing Comments:18 Bank-Owned lots for sale in Johnstown Formal Elementary: Pioneer Ridge Walking distance to Hay's Market,public library,basketball courts,hockey, Elementary/: Letford and city park!Multiple lot buy down Incentives/Build your dream home(s)l MiddlelJr.: Milliken Buyer to verify lot size,building fees,water/sewer tap fees,permit costs, High School, Roosevelt T .__w—._--_�.. _.._._.___ School District: Johnstown-mill Re-5 8Old Date:02/28/2010 Sold Price:$14,000 - ._..-_.-.__.__— _._.... ....._.. _.._...._ ---- Terms: Terms:OWC DOM:218 DTO:189 DTS:218 Lot 31ze:8737 Approx Acres:0.18 Down Pmt Assist:N Dec:Xcel Energy Water.Town of Johnstown Concession T N _ Gas:Xcel Energy Taxes:SO/2009 Type: PIN:1059081190 Zoning:SFR _�� Property Features Waterfront:No Water Meter brat:No Land Size:<.25 Acre Association Fee Includes:Common Amenities, Wall Permit#: Road Location Description:Corner Lot Road Access:Cliy Street Road Surface At Property Line:Blacktop Road HOA:Johnstown Farms Number of Living Unit Allowed:1 Unit Allowed Miklos:Natural Gas, HOA Fee:$27.00/M Xfer:Yes Rsrv:No Cov: Electric Water/Sewer City Water,Water Tap Paid,Sewer Tap Paid Yes _ _ ____ Water or Sewer Needed:Water Tap Paid,Sewer Tap Paid Ownership: Water Tap Fee:$0— Sewer Tap Fee:$0 - Lender Owner/REO Possession:1-3 Days after Closing Irrigation Water Rlghta:No Property Disclosures:No Property Disclosure Flood Plain:Minimal Risk Possible Usege:Single Family Development Statue:Build to Suit, Has Irrig Ditches:No Covenants New Firuincing/LendIng:Cash,Conventional Well Information: Water Rights: Lake/Res ervol rlStream: Crops: Improvements on Prop:No Contact:Torn Dunn Phone:303-776-4495 Cell:-Email:TomL Dunni©gmail.com Office:ERA Tradewind Real Estate,LLC Phone:303-772-9620 LA Jay Beldon LO:Home Real Estate Prepared By:Torn Dunn-May 25,2011 3:41:59 PM information deemed reliable but not guaranteed.MLS content and imagsa Copyright 1995-2011,IRES LLC.All rights reserved. http://www.iresis.com/MLS/awa/reports/Iisting?►cportName One_per_Page 5/25/2011 1 Per Page-Listing Report Page 3 of 26 OIIES 4" 1.1 :.., + ,'' IRES MLS#:605749 PRICE:$17,950 l i .' - - 424 Castle Pines Ave,Johnstown 80534 s u*,1 w _A VACANT LANDILOTS SOLD =':i Locale:Johnstown County:Weld 1—., - - - `J AnWSubArw:10/30 Map Book O-196-W X,Y Subdivision:Johnstown Farms Legal:L2 BLK16 JOHNSTOWN FARMS FG#1 . - Nearest Tow Johnstown Mlles To Nearest Town: •r' S` ._ , , Bulk Sgft Source: New Cent - - Listing Comments:18 Bank-Owned lots for sale In Johnstown Farms! Elementary: Pioneer Ridge Welling distance to Hay's Market,public library,basketball courts,hockey, Elementary2• Letfard and city park!Multiple lot buy down incentives!Build your dream home(s)I Middle/Jr.: Milliken Buyer to verify lot size,building fees,water/sewer tap fees,pennk costs, High School: Roosevelt etc. _._.__.._— School District: Johnstown-mill Re-5) Sold Date:02/28/2010 Sold Price:$14,000 Tema:OWC DOM;218 DTO:189 DTS:218 Lot Stre:8000 Approx Acres:0.14 Dec:Xcel Water.Town of Johnstown Down Pmt Assist:N Gas:Xcel Taxes:$0/2009 Concession Type:None PIN:1059081190 Zoning:SFR Property Features —��—--- Waterfront:No Water Meter Inst:No Land Sim:<.25 Acre Association Association Fee Includes:Common Amenities, Location Watt Permit#: Management Description:Level Lot Lot improvements:Street Paved Road Access:City Street Road Surface At Property Line: HOA:Johnstown Farms Blacktop Road Number of Living Unit Allowed:1 Unit Mowed Utilities: HOA Fee:527,00/M Xfer.Yes Raw:Yes _ Natural Gas,Electric WatertSewer.City Water,Water Tap Paid,Sewer Water Tap Fee:$0 Sower Tap Feral-- es:$0_ Tap Paid Water or Sewer Needed:Water Tap Paid,Sewer Tap Paid irrigation Water Rights:No Ownership:Lender Owner/REO Possession:1-3 Days after Closing Has do Ditches:No Property Disclosures:No Property Disclosure Flood Plain:Minimal Risk Well MInf Possible Usage:Single Family Development Status:Boundaries Marked, Water Rights: Approved ConSubdivided,Build to Sult New Financing/Lending:Cash, Lake/ReservolMitream: Crops: Improvements on Prop:No Contact:Tom Dunn Phone:303-776-4485 Cell:-Email:TomLDunn@gmal.com Office:ERA Tradewlnd Real Estate,LLC Phone:303-772.9820 LA;Jay Beldon LO:Home Reel Estate Prepared By Tom Dunn-May 25,20113:41:59 PM Information deemed reliable but not guaranteed.MLS content end Mega Copyright 1995.2011,IRES LLC.All rights reserved. http://www.iresis.com/MLS/awa/reports/listing?reportName=One_per Page 5/25/2011 Christopher M.Woodruff Weld county Assessor Would you please provide me with the comparables and other information used by the County Assessor's office several days prior to my meeting with the Board of Equalization so that I may research and review them. Since omas L.Dunn RECEIVED JUL 18 2011 WELD COUNTY ASSESSOR GREELEY,COLORADO Donna Bechler From: Courtney Anaya Sent: Wednesday, July 20, 2011 1:53 PM To: Donna Bechler Cc: Duane Robson; Vermeda Gerkin Subject: Appeals Attachments: R1858502+10-Drake Partners LLC.pdf; R5894586-Jo Enterprises LLLP.pdf; R5882086-Jo Enterprises LLLP.pdf; R0358401+4-Drake Partners LLC.pdf Hi Donna, Attached is another group of appeals that was mailed to our office. The envelope was postmarked 7/15/2011. I've scanned the envelope, but please let me know if you need the original. Thanks! Courtney Anaya Assistant Analyst Weld County Assessor's Office (970) 353-3845 ext. 3670 canaya@co.weld.co.us irai tali wet L'OVNTV u 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 I a = cv °30e efA Cu o 0 h D 3 czC a 'Jo- a) o WCD 0 CO 2 LL v C d g co h m 3 « F— 10 m o Q tit w Q ■w: a CLERK TO THE BOARD PHONE (970O36-7215 EXT 4226 FAX: (970) 35252-0242 WEBSITE: www.co.weld.co.us ID 915 10TH STREET WI P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 22, 2011 BAESSLER CONSTRUCTION CO INC 3505 HOLMAN COURT GREELEY, CO 80631 Parcel No.: 105908108004 Account No.: R1828702 Parcel No.: 105908108006 Account No.: R1828902 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 26, 2011, at or about the hour of 4:50 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, First Floor Hearing Room, 915 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2011, and mailed to you on or before August 12, 2011. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. 2011-1793 AS0079 BAESSLER CONSTRUCTION CO INC - R1828902 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor ERA TRADEWIND REAL ESTATE CIO TOM DUNN 601 S BOWEN LONGMONT, CO 80501 2011-1793 AS0079 LAND TITLE GUARANTEE COMPANYprig Iii I IIII III I NI III II 111111111111 1613 PELICAN LAKES POINT STE 200 WINDSOR, CO 80550 J }l Phone: 970-674-0425 STATEMENT OF SETTLEMENT Land Title Fax: 800-318-7821 "SELLERS" GUARANTEE COMPANY PROPERTY ADDRESS: 441 EXPEDITION LANE JOHNSTOWN SELLER(S): DRAKE PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY BUYER(S): BAESSLER CONSTRUCTION CO.,INC.,A COLORADO CORPORATION SETTLEMENT DATE: September 23,2010 DATE OF PRORATION: September 23, 2010 ITEM DESCRIPTION Debit Credit Sales Price...... ... . _. .. _. . 15,000.00 New Loan Amount 15,000.00 Title Insurance ALTA Owner's Policy LAND TITLE GUARANTEE COMPANY .,, 267 00 Current Taxes R1847702 01/01/10-09/23/10 �Ja 51.2185 322.90 Closing Fee LAND TITLE GUARANTEE COMPANY _ 50.00 HOA Transfer Fee BRC REAL ESTATE 175.00 Prepaid HOA Dues 09-23 to 01-01 @ 0.2959 JOHNSTOWN FARMS 29.59 HOA DUES 7/1/07 THRU 12/31/10 JOHNSTOWN FARMS 378.00 Working Capital Due JOHNSTOWN FARMS 54O0 *** SubTotals **** _... __.... 16,192.90 15,083.59 Due From Seller 1,109.31. Totals 16,192.90 16,192 90 The above figures do not include sales or use taxes on property APPROVED AND ACCEPTED SELLER(S): REAL ESTATE BROKER: DRAKE PARTNERS,-LLCTA-EOLORA O LIMITED LIABILITY COMPANY BY:TLD rAGEME III ..A coLORAD CORPORATION AS MEMBER LAND I1'L SING AGENT:—AGENT:---- ------- v " v !C 6"---./ .-` SI N GRIMES T UOIWASL.DUNN,PRESIDENT Form 13348 06/2008 Itg2.dt FB25096397 (103167971 Ott*' 2 svosas 1 . ry. Do. ®: r ,4 - III 11111 111111111111 11111111111 111 The printed portions of this form, except differentiated additions,have been approved by the Colorado Real Estate Commission. (NTD81-10-06) If this form is used in a consumer credit transaction, consult legal counsel.This is a legal instrument, if not understood legal,tax or other counsel should be consulted before signing. Promissory Note Johnstown,Colorado U.S.$15,000.00 Date: September 23,2010 1. FOR VALUE RECEIVED,the undersigned(Borrower)promise(s)to pay DRAKE PARTNERS, LLC,A COLORADO LIMITED LIABILITY COMPANY(Note Holder)or order,the principal sum of$15,000.00 Dollars,with interest on the unpaid principal balance from September 23,2010,until paid, at the rate of 0.0000 percent per annum. Principal and interest shall be payable at 6400 RABBIT MOUNTAIN ROAD, LONGMONT, CO 80503,or such other place as the Note Holder may designate, in 1 payments of***Fifteen Thousand and 00/100 *** Dollars(U.S.$15,000.00),due on the day of each beginning April 11,2011. Such payments shall continue until the entire indebtedness evidenced by this Note is fully paid;provided,however,if not sooner paid,the entire principal amount outstanding and accrued interest thereon,shall be due and payable on April 11,2011. 1 BALLOON PAYMENT DUE ON APRIL 11,2011 IN THE AMOUNT OF $15,000.00 '. Borrower shall pay to the Note Holder a late charge of 20.0000%of any payment not received by the Note Holder within 15 days after payment is due. 3. Payments received for application to this Note shall be applied first to the payment of late charges, if any,'isecond to the payment of accrued interest at the default rate specified below, if any,third to accrued interest first specified above, and the balance applied in reduction of the principal amount hereof. 4. If any payment required by this Note is not paid when due,or if any default under any Deed of Trust securing this Note occurs,the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note Holder(Acceleration); and the indebtedness shall bear interest at the rate of 20.0000 percent per annum from the date of default. Note Holder shall be entitled to collect all reasonable costs and expense of collection and/or suit,including,but not limited to reasonable attorneys' fees. 5. Borrower may prepay the principal amount outstanding under this Note,in whole or in part, at any time without penalty except NONE Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent payments or change the amount of such payments. 6. Borrower and all other makers, sureties, guarantors, and endorsers hereby waive presentment, notice of dishonor and protest, and they hereby agree to any extensions of time of payment and partial payments before, at,or after maturity. This Note shall be the joint and several obligation of Borrower and all other makers, sureties, guarantors and endorsers, and their successors and assigns. 7. Any notice to Borrower provided for in this Note shall be in writing and shall be given and be effective upon (a)delivery to Borrower or(b)by mailing such notice by first class U.S. mail, addressed to Borrower at the Borrower's address stated below,or to such other address as Borrower may designate by notice to the Note Holder. Any notice to the Note Holder shall be in writing and shall be given and be effective upon(a)delivery to Note Holder or(b)by mailing such notice by first class U.S. mail,to the Note Form 13968 09/2008 note81-10-06.odt FB25096397 (10318809) Holder at the address stated in the first paragraph of this Note, or to such other address as Note Holder may designate by notice to the Borrower. 8. The indebtedness evidenced by this Note is secured by a Deed of Trust dated September 23, 2010, and until released said Deed of Trust contains additional rights of Note Holder. Such rights may cause Acceleration of the indebtedness evidenced by this Note. Reference is made to said Deed of Trust for such additional terms. Said Deed of Trust grants rights in the following legally described property: LOT 11,BLOCK 14,JOHNSTOWN FARMS FILING NO.1,COUNTY OF WELD,STATE OF COLORADO. known as No.441 EXPEDITION LANE JOHNSTOWN (Property Address). (CAUTION: Sign Original Note Only/Retain Copy) BORROWER(S): BAESSLER CONSTRUCTION CO.,INC.,A COLORADO CORPORATION JAM .BAESSLER, CE PRESIDENT Borrower's address: 3505 HOLMAN CT GREELEY, CO 80631 KEEP THIS NOTE IN A SAFE PLACE. THE ORIGINAL OF THIS NOTE MUST BE EXHIBITED TO THE PUBLIC TRUSTEE IN ORDER TO RELEASE A DEED OF TRUST SECURING THIS NOTE. Form 13968 09/2008 note81-10-06.odt FB25096397 {10318809} Jul ea u'I ui: uip Brian Lindley (87O) 587-47O7 p. 2 : OCIn S-euersbit\ -qU@ IVISN • Co m Professional Referral Realty,LLC •r 4319 Limestone Lane Johnstown,CO 80534 Phone: (970)405-8857 Fax:(970)587-4707 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBSI-10-06)(Mandatory 1-07) 1 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 3 OTHER COUNSEL BEFORE SIGNING. T)O - �J?0 ., ." 5 CONTRACT TO BUY AND SELL REAL ESTATE t^ a� 6 (ALL TYPES OF PROPERTIES) 7 Date: July 21, 2007 8 Purchase Price: $245,000.00 ' 9 1. AGREEMENT. Buyer agrees to buy,and Seller agrees to sell,the Property defined below on the terms and • 10 conditions set forth in this contract(Contract), 11 2. DEFINED TERMS. • 12 a. Buyer. Buyer, Passion Ministries International, dba: Den-Markt, LW, Dennis L. Severson, President,will take . 13 title to the real property described below as O Joint Tenants ❑ Tenants In Common 14 Q Other LLC. 15 b. Property. The Property is the following legally described real estate in the County of Weld, 16 Colorado: 17 Lots 20, 11, 12, 13, 14, 15, 16, Block 5, Johnstown Fans, Filing 1 495, 491, 487, 483, 479, 475, Johnstown, CO 80534 known as Np. 471 Expedition Lane 20 Street Address City State Zip 21 together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,all interest 22 of Seller in vacated streets and alleys adjacent thereto,except as herein excluded. 23 c. Dates and Deadlines. 24 Item No. Reference Event Date or Deadline • 1 §4a Alternative Earnest Money Deadline July 26, 2007 2 §5a Loan Application Deadline July 25, 2007 3 §5b Loan Conditions Deadline August 17, 2007 4 §Se Buyer's Credit Information Deadline N/A 5 §5c Disapproval of Buyer's Credit Information Deadline N/A 6 §5d Existing Loan Documents Deadline N/A 7 §5d Existing Loan Documents Objection Deadline N/A 8 §5d Loan Transfer Approval Deadline N/A 9 §68(2) Appraisal Deadline August 25, 2007 10 §7a Title Deadline August 3, 2007 11 §8a Title Objection Deadline August 6, 2007 12 §7c Survey Deadline August 6, 2007 13 §8c(2) Survey Objection Deadline August 8, 2007 • 14 • §7b •. Document Request Deadline Aug ust 3; 2007 15 §7d(5) CIC Documents Objection Deadline • August 6, 2007 16 §81/ Off-Record Matters Deadline August 3, 2007 ' 17 §8b Off-Record Matters Objection Deadline August 6, 2007 18 §8f Right of First Refusal Deadline N/A 19 §10a Seller's Property Disclosure Deadline August 3, 2007 CBS1-10-06. CO ril♦ BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) 721200 h Past 1 of 12 Buyer initials �'�� Seller initialsC�? e• LA JUL ca u-/ ur: ubp urian Linaiey lb'/U1 5t3'/-4'/U'/ p. ;3 20 § 10b Inspection Objection Deadline August 3, 2007 21 § 10c Resolution Deadline August 6, 2007 22 § 10cl Property Insurance Objection Deadline August 3, 2007 23 § 12 Closing Date August 22, 2007 24 § 17 Possession Date August 22, 2007 25 § 17 Possession Time After Closing 26 §29 Acceptance Deadline Date July 23, 2007 27 §29 Acceptance Deadline Time 22 r 00 Midnight 28 N/A N/A N/A 29 N/A N/A N/A 25 26 d. Attachments.The following are a part of this Contract 27 N/A 29 Note:The following disclosure forms are attached but are not a part of this Contract: 30 N/A 32 e. Applicability of Terms. A check or similarmark in a box means that such provision is applicable. The 33 abbreviation"N/A'or the word"Deleted"means not applicable and when inserted on any line in Dates and Deadlines 34 (§2c),it means that the corresponding provision of the Contract to which reference is made is deleted.The abbreviation 35 "MEC"(mutual execution of this Contract)means the latest date upon which both parties have signed this Contract. 36 3. INCLUSIONS AND EXCLUSIONS. 37 a. Inclusions. The Purchase Price includes the following items(Inclusions): 38 '(1) Fixtures. If attached to the Property on the date of this Contract,lighting,heating,plumbing,ventilating, 39 and air conditioning fixtures;TV antennas,inside telephone wiring and connecting blocks/jacks,plants,minors,floor coverings, 40 intercom-systems,built-in kitchen appliances,sprinklersystems and controls,built-in vacuum systems(including accessories), 41 garage door openers including N/A remote controls;and 0 N/A 42 (2) Personal Property. The following arc included if on the Property whether attached or not on the date 43 of this Contract: storm windows,storm doors,window and porch shades,awnings,blinds,screens/window coverings,curtain 44 rods,drapery rods,fireplace-inserts,fireplace screens,fireplace grates,heating stoves,storage sheds;and all keys. If checked, 45 the following are included: 0 Water Softeners 0 Smoke/Fire Detectors ❑ Security Systems 0 Satellite 46 Systems(including satellite dishes). 47 (3) Other Inclusions. 48 N/A 49 The Personal Property to be conveyed at Closing shall be conveyed,by Seller,free and clear of all taxes, 50 (except personal property taxes for the year of Closing),liens and encumbrances,except N/A. 51 Conveyance shall be by bill of sale or other applicable legal instrument. 52 (4) Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows: 53 N/A 54 The Trade Fixtures to be conveyed at Closing shall be conveyed,by Seller,free and clear of all taxes(except personal 55 property taxes for the year of Closing),liens and encumbrances,except N/A. 56 Conveyance shall be by bill of sale or other applicable legal instrument 57 (5) Parking and Storage Facilities. 0 Use Only 0 Ownership of the following parking facilities: 58 N/A;and C) Use Only 0 Ownership of the following storage facilities: 59 N/A. • 60 (6) Water Rights. The following legally described water rights: 61 N/A . 63 Any waterrights shall be conveyed by N/A deed for other applicable legal instrument. • . 64 The Well Permit#is N/A - 65 (7) Growing Crops. With respect to growing crops,Seller and Buyer agree as follows: 66 N/A 68 b. Exclusions. The following items are excluded:N/A. 69 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S.Dollars by 70 Buyer as follows: 71 CBS1-10-06. b BUY AND SELL REAL ESTATE(ALL TYPES 01?PROPERTIES) 7/212007 6�' P e 2 of 12 Buyer initials Seller initials JUr c.7 u / u /: unp Brian Linaley LW/U.1 bur/-'17U7 p. 4 Item No. Reference Hem Amount Amount I §4 Purchase Price $ 245,000.00 -14,71;[9* 44rus, 2 §4a Earnest Money t'9 o'" 7,i t S . 7,000.00 3 §4d(I) New First Loan ,r� �$ � „ r ^� $ 183,750.00 4 §4d(2) New Second Loan N/A 5 §4e Assumption Balance i ,r^ $ N/A rem• f, 6 §4f Seller or Private Financing S N/A 7 N/A N/A $ N/A S N/A 8 N/A N/A $ N/A S N/A 9 §4b Cash at Closing k x <? "t" $ 54,250.00 10 TOTAL $ 245,000.00 $ 245,000.00 72 Note:If there is an inconsistency between the Purchase Price on the first page and this§4,the amount in§4 shall control. 73 74 a. Earnest Money. The Earnest Money set forth in this section,in the form of check, 75 is pan payment of the Purchase Price and shall be payable to and held by Land Ti tla 76 (Earnest Money Holder),in its trust account,on behalf of both Seller and Buyer.The Earnest Money deposit shall be 77 tendered with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline(§2c)for its 78 payment.The parties authorize delivery of the Earnest Money deposit to the closing company,if any,at or before closing. 79 In the event Earnest Motley Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for 80 the purpose of providing affordable housing to Colorado residents,Seller and Buyer acknowledge and agree that any interest 81 accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 82 b. Cash at Closing. All amounts paid by Buyer at Closing including cash at Closing,plus Buyer's closing costs, 83 shall be in finds which comply with all applicable Colorado laws,which include cash,electronic transfer funds,certified 84 check,savings and loan teller's check and cashier's check(Good Funds). 85 c. Down Payment Assistance;Seller Paid Costs. Seller,at Closing,shall credit S Iv/A to 86 Buyer to assist with Buyer's down payment.Seller shall also,at Closing,credit to Buyer the amount of$N/A 87 to assist with Buyer's closing costs,not to exceed the amount due from Buyer for such costs.These amounts are in addition 88 to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contact. 89 d. New Loan. 90 (1) New First Loan. Buyer shall obtain a new loan set forth in this section as follows: 91 ® Conventional ❑ FHA ❑VA ❑ Other N/A 92 This loan will be secured by a lee (1",2°,etc.)deed of trust. 93 The loan may be increased to add the cost of mortgage insurance,VA funding fee and other items for a total loan 94 amount,not in excess of$183,750.00.shall be amortized over a period of N/A O Years ❑ Months 95 at approximately S 1,225 per month including principal and interest not to exceed prime + 2%%per 96 annum,plus,if required by Buyer's lender,a deposit of N/A of the estimated annual real estate taxes,property 97 insurance premium,and mortgage insurance premium.If the loan is an adjustable interest rate or graduated payment loan, 98 the payments and interest rate initially shall not exceed the figures set forth above. 99 Loan discount points,if any,shall be paid to lender at Closing and shall not exceed N/A%of the total loan amount. 100 Notwithstanding the loan's interest rate,the first N/A loan discount points shall be paid by N/A, 101 and the balance,if any,shall be paid by N/A. 102 Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed N/A%of the loan amount.If the 103 loan is an FLIA/VA insured or guaranteed loan,Seller shall pay closing costs and fees,not to exceed$N/A, 104 that Buyer is not allowed by law to pay for tax service and N/A. 105 (2) New Second Loan. OMITTED AS INAPPLICABLE. 112 e. Assumption. OMITTED AS INAPPLIflTT E. 121 L Seller or Private Financing. OMITTED AS INAPPLICABLE. 134 5. FINANCING CONDITIONS AND OBLIGATIONS. 135 a. Loan Application. If Buyer is to pay all or part of'the Purchase Price by obtaining a new loan,or Wan existing 136 loan is not to be released at Closing,Buyer,if required by such lender,shall make a verifiable application by Loan Application 137 Deadline(§2c).Buyer shall cooperate with Seiler and lender to obtain loan approval,DILIGENTLY AND TIMELY PURSUE 138 SAME IN GOOD FAITH,execute all documents and furnish all information and documents required by lender,and subject 139 to subsections 4d(1)and(2)and§4e,timely pay the costs of obtaining such loan or lender's consent.Buyer agrees to satisfy CBSI-la-06. , -CONTRA TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) 7/2121j1 Page 3 of 12 Buyer Initials y Seller Initials Jul Cd UI ut: tip Brian Lindley 197O1 587-47O7 p. 11 483 22. MEDIATION. If a dispute arises relating to this Contract,prior to or after Closing,and is not resolved,the parties 484 shall first proceed in good faith to submit the matter to mediation.Mediation is a process in which the parties meet with an 485 impartial person who helps to resolve the dispute informally and confidentially.Mediators cannot impose binding decisions. 486 The parties to the dispute must agree before any settlement is binding.The parties will jointly appoint an acceptable 487 mediator and will share equally in the cost of such mediation.The mediation,unless otherwise agreed,shall terminate in 488 the event the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation is 489 delivered by one party to the other at the party's last known address.This section shall not alter any date in this Contract, 490 unless otherwise agreed. 491 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein,Earnest Money Holder shall release the Earnest 492 Money as directed by written mutual instructions,signed by both Buyer and Seller.In the event of any controversy regarding 493 the Earnest Money(notwithstanding any termination of this Contract),Earnest Money Holder shall not be required to take any 494 action.Earnest Money Holder,at its option and sole discretion,may(a)await any proceeding,(b)interplead all parties and 495 deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal 496 fees,or(c)deliver written notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and 497 Complaint or Claim(between Buyer and Seller),containing the case number of the lawsuit(Lawsuit)within 120 calendar 498 days of Earnest Money Holder's written notice is delivered to the parties,Earnest Money Holder shall be authorized to return 499 the Earnest Money to Buyer.In the event Earnest Money Holder does receive a copy of the Lawsuit,and has not interpled the 500 monies at the time of any Order,Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court 501 The parties reaffirm the obligation of Mediation(§22). 502 24. TERMINATION. In the event this Contract is terminated,all Earnest Money received hereunder shall be returned 503 and the parties shall be relieved of all obligations hereunder,subject to§§10e,22 and 23. 504 25. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real 505 Estate Commission.) 506 a) Buyer is purchasing a total of seven (7) lots at a purchase price of $35, 000.00 per lot. At closing, Buyer shall provide additional funds in an amount not to exceed $8,800.00 (eight thousand eight hundred dollars) per lot, for seven (7) water/sewer tap certificates originally issued by the Town of Johnstown. Said certificates shall be transferred from Seller to Buyer by Bill of Sale and transfer of certificate. b) By no later than August 3, 2007, Seller agrees to locate the survey boundary "pins" on each of the seven lots. c) Buyer acknowledges that the address on Lot 10 will be either 495 Expedition Lane or 405 Centennial Drive, depending on which street the front of the house, to be built, faces.. 524 525 26. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL. This agreement constitutes the entire Contract between 526 the parties relating to the subject hereof and any prior agreements pertaining thereto,whether oral or written,have been merged 527 and integrated into this Contract.No subsequent modification of any of the terms of this Contract shall be valid,binding 528 upon the parties,or enforceable unless made in writing and signed by the parties.Any obligation in this Contract that,by its 529 terms,is intended to be performed after termination or Closing shall survive the same. 530 27. FORECLOSURE DISCLOSURE AND PROTECTION. Seller acknowledges that,to Seller's current actual 531 knowledge,the Property ❑ ISM IS NOT in foreclosure.In the event this transaction is subject to the provisions of the 532 Colorado Foreclosure Protection Act(the Act),(i.e.,generally the Act requires that the Property is residential,in foreclosure, 533 and Buyer does not reside in it for at least 1 year),a different contract that complies with the provisions of the Act is required, 534 and this Contract shall be void and of no effect unless the Foreclosure Property Addendum is executed by all parties 535 concurrent with the signing of this Contract.The parties are further advised to consult with their own attorney. 536 28. NOTICE,DELIVERY,AND CHOICE OF LAW. 537 a. Physical Delivery. Except for the notice requesting mediation described in§22,delivered after Closing,and except 538 as provided in§28b below,all notices must be in writing.Any notice to Buyer shall be effective when received by Buyer or by 539 Selling Brokerage Firm,and any notice to Seller shall be effective when physically received by Seller or Listing Brokerage Finn. 540 b. Electronic Delivery.As an alternative to physical delivery,any signed document and written notice may be 541 delivered in electronic form by the following indicated methods only: ® Facsimile 11 E-mail O No Electronic Delivery. 542 Documents with original signatures shall be provided upon request of any party. 543 c. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance CBS1-10-06. TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) 754O26 age 10 of 12 Buyer initials Seller Initials (JL- C• . W c • LAND TITLE GUARANTEE COMPANY III I IIII III I II I IIII II III II III II III 772 WHALERS WAY 0100 STATEMENT OF SETTLEMENT FORT COLLINS,CO 80525 "SELLERS" .and Idle PROPERTY ADDRESS: 495, 491, 487, 483, 479, 475, 6 471 EXPEDITION LANE JOHNSTOWN CO 80534 SELLER(S): DRAKE PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY BOYER(8): DENMARRT' LTC, A COLORADO LIMITED LIABILITY COMPANY SETTLEMENT DATE: August 22, 2007 DATE OF PRORATION: August 22, 2007 ITEM DESCRIPTION Debit Credit Sales Price 245,000.00 Payoff to FLATIRONS BANK 217,217.00 ALTA Owners Policy 10-17-92 484.00 Endorsement DELETION 50.00 Current Taxes 01/01/07-08/22/07 8 $10.8152 2,519.95 Selling Agent Commission 3.00% PROFESSIONAL REFERRAL R 7,350.00 Closing Fee LAND TITLE GUARANTEE COMPANY 90.00 BOA Dues JOHNSTOWN FARMS 42.68 HOA PAST DUES 9/1/06-7/31/06 JOHNSTOWN FARMS 1,057.00 WATER/SEWER TAP CERTIFICATE TRANSFER 61,600.00 **** SubTotals **** 228,810.63 306,600.00 Due To Seller 77,789.37 Totals 306,600.00 306,600.00 The above figures do not Ied"de ales muse sxes on arooerty. SELLER(S) : APPROVED AND ACCEPTED REAL ESTATE BROKER(S) IPAIR PM'!ffi8, LLL•, A COUIDALO MX=STABILITY OMPA"P Ay: PINTAS PACTERS86, LSC AND SW NafYT I C., 8 By: ®tr89OPRER N. MIeW[, WNACGi Or PIGTAIL PAM BR r=A SIC By: ,c ast Gssaanz, PANexr Or CARID.'O PIIOPdRTIFA, Lac. LAND TITLE CLOSING AGENT: Heather Hill =claw NO: PO25076399 QA.Ca T NO: 7P25071399 Fon 348 4.3142 (05/04) BOE SUMMARY SHEET Account Number: R1828902 Parcel Number: 105908108006 BAESSLER CONSTRUCTION CO INC 3505 HOLMAN COURT GREELEY, CO 80631 HEARING DATE: 7/26/2011, AT 4:50 PM HEARING ATTENDED? (Y/N) NAME: AGENT NAME: ERA TRADEWIND REAL ESTATE C/O TOM DUNN 601 S BOWEN )0_,ONAL QA ,ply, 9.Z LONGMONT, CO 80501 APPRAISER NAME:U _ MMA DECISION ACTUAL VALUATION APPROVE BY SET BY ASSESSOR BOARD TOTAL ACTUAL VALUE 18,556 COMMENTS: MOTION BY TO SECONDED BY Kirkmeyer-- (Y/N) Conway-- (Y/N) Failed to prove appropriate value Garcia -- (Y/N) No comparables given Long -- (Y/N) Assessor's value upheld Rademacher-- (Y/N) Other: RESOLUTION NO. 2011-1793 M:\BOE\SUMMARY.dobc Hello