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Home My WebLink About20111764.tiff 4,113'..E6:18:4)\ GRANTED It is hereby ORDERED that upon receipt of this order the moving party � ti ye -' shall mail or deliver a copy to any pro - * i k'" * se party who has entered an appearance �r� in this action. Elizabeth Strobel District Court Judge COUNTY COURT, WELD COUNTY, COLORADO DATE OF ORDER INDICATED ON ATTACHMENT Court Address: 901 9th Avenue,P.O. Box 2038, EFILED Document—District Court Greeley, CO 80632 201 ICV804 Phone Number: (970) 351-7300 Co Weld Count)•District Court 19th.n1 Filing Date: Dec 8 21111 7:49A14 NISI Filing ID:41285134 PETITIONER, LONG PORK,INC. v. RESPONDENT, A FOR COURT USE ONLY A WELD COUNTY BOARD OF EQUALIZATION Case Number: 11-M-804 Division: 3 ORDER TO DISMISS ACTION THE COURT, having read the Motion to Dismiss previously filed by the Respondent Weld County Board of Equalization with this Court and having reviewed the file and being otherwise fully advised in the premises, DOTH ORDER that said Motion is granted, and this matter is hereby Dismissed with prejudice. DATED: BY THE COURT: ELIZABETH STROBEL District Court Judge, 19th Judicial District is ia_ a // u, : A5Q., C.44 J2o// l &cl IZ `1-1 mS©o79 CO _-u 7 r„ �IJ• Distract Court, County Colorado FILEDIN WELD r �, conthdute Ictat District P. O. Box 2038 n's "� ' r • Greeley, CO 80632 20!i AUG 22 All 8: 54 Plaintiff Long Pork Inc v. A COURT USE ONLY A • Defendant Weld County Board of Equalization Case Number: 2011 CV 804 Division: 3 Courtroom: DISTRICT COURT CIVIL SUMMONS TO THE ABOVE NAMED DEFENDANT: WELD COUNTY BOARD OF EQUALIZATION YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court an answer or other response to the attached Complaint. If service of the Summons and Complaint was made upon you within the State of Colorado, you are required to file your answer or other response within 20 days after such service upon you. If service of the Summons and Complaint was made upon you outside of the State of Colorado, you are required to file your answer or other response within 30 days after such service upon you. Your answer or counterclaim must be accompanied with the applicable filing fee. If you fail to file your answer or other response to the Complaint in writing within the applicable time period, the Court may enter judgment by default against you for the relief demanded in-th -Contpfaint without further notice. Dated: 3-2-z—is rn'M1 k Clerk ur6 t/Clerk Signature of Plai ff "Sys to ET41OA (1' 006 Address of Plaintiff X170 '15-4 (2?77 Plaintiff's Phone Number This Summons is issued pursuant to Rule 4, C.R.C.P., as amended. A copy of the Complaint must be served with this Summons. This form should not be used where service by publication is desired. l:Cwvrnv.i'.CIL 7-x C C. (1,4; ail- ASK • als-tl JDF 600 R12/07 DISTRICT COURT CIVIL SUMMONS ZOt 4-5067 cl lafbtri1Udmofal %Sisk County, Colorado • Ru (Bems2038 FILED IN WELD COUNT'-: Greeley, CO 80634 DISTRICT GCL 1 Plaintiff(s): o .3 A.'iC Cijc 20:l AUG 22 All 8: 514 v. Defendant(s): w,zja co u,,,hZtboA) A COURT USE ONLY Attorney or Party Without Attorney(Nam-land Address): Case Number: �oHn Lon cg 0 as tiso 2O\\- C�J �eRlcnl Co 8e (eS ArtsIeo �I Phone Number:910 '151fl7t mail: J /°1-19 ra,✓k q 22 FAX Number: Atty. Reg. #: J Division) Courtroom DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT, COUNTERCLAIM, CROSS-CLAIM OR THIRD PARTY COMPLAINT . This cover sheet shall be filed with the initial pleading of a complaint, counterclaim, cross-claim or third party complaint in every district court civil (CV) case. It shall not be filed in Domestic Relations (DR), Probate (PR), Water(CW), Juvenile (JA, JR, JD, JV), or Mental Health (MH) cases. 2. Check the boxes applicable to this case. Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does not seek a monetary judgment in excess of $100,000.00 against another party, including any attorney fees, penalties or punitive damages but excluding interest and costs and because this case is not a class action or forcible entry and detainer, Rule 106, Rule 120, or other expedited proceeding. ❑Simplified Procedure under C.R.C.P. 16.1, does not apply to this case because (check one box below identifying why 16.1 does not apply): ❑This is a class action or forcible entry and detainer, Rule 106, Rule 120, or other similar expedited proceeding, or ❑This party is seeking a monetary judgment for more than $100,000.00 against another party, including any attorney fees, penalties or punitive damages, but excluding interest and costs (see C.R.C.P. 16.1(c)), or ❑Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case. 3. This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P. 38. (Checking this box is optional.) air K. roc- Date: 1 2- 11 R z y Sig ature of PP r Attorney for Party NOTICE ✓ This cover sheet must be filed in all District Court Civil (CV) Cases. Failure to file this cover sheet is not a jurisdictional defect in the pleading but may result in a clerk's show cause order requiring its filing. ✓ This cover sheet must be served on all other parties along with the initial pleading of a complaint, counterclaim, cross- claim, it or third party complaint 'i v SE9 ✓ This cover sheet shall not be considered a pleading for purposes of C.R.C.P. 11. JDF 601 T04 DISTRICT COURT CIVIL(CV)CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT,COUNTERCLAIM.CROSS-CLAIM OR THIRD PARTY COMPLAINT • • ox 2038 aunt � .dC1 �15trICt County, Colorado • WELD OMNI"' Creel•y, CO 80632 ,. ^'.c t Petitioners) Long Pork Inc HI! AUG 22 AM 8: 54 v. Respondent(s).Weld County Board of Equalization A COURT USE ONLY A Attorney or Party Without Attorney (Name and Address): Case Number. John R Long 25480 CR 80 Eaton CO 80615 dc// C V -20'/ Phone Number: 970 454-2977 E- mail:jlongpork@gmail.com Division Courtroom r FAX Number: Atty. Reg. #: PETITION TO APPEAL PROPERTY VALUATION ASSESSMENT PURSUANT TO §39-8 108 C.R.S. j I/We, the Petitioner(s), request this Court for a review of the Real Property Valuation Assessment and in support of this Petition, state the following: 1. The Petitioner(s) is/are owner(s) of real property located in Weld (name of County). 2. Information on the real property is as follows: Street Address: 25480 CR 80 Eaton CO 80615 Legal Description of Property:10037-E PT NW4 20 7 64 Beg N4 Cor of SEC S89D53'W 18888.31' S2626S15D45'E 16.78' S89D59'E 18883.75' N2629.85'To Beg Lot B Rec Exempt RE-801(1.30R 3.93S) Subdivision: Schedule Number:R0983686 3. I/We have exhausted all administrative remedies available and have filed timely appeals with both the Assessor and the County Board of Equalization pursuant to §39-8-108, C.R.S. 4. The decision of the County Board of Equalization was mailed on 7-28-11 (date). Pursuant to §39-8-108, C.R.S. this appeal is made no later than thirty (30) days of the mailing of this decision. 5. I/We state that a dispute exists regarding the Assessor's valuation of the Petitioner/Taxpayer's property for the following reasons: Improper classification, mixing sales values and assessed values, flawed model for comparables, Unqualified Board of Equalization, Raising of valuation with no documentation of why of who did it. The long term disparity of assessed values of comparables. I/We respectfully request this Court to find in favor of the Petitioner(s)/Taxpayer(s) and award such other relief as the Court deems just and proper. I swear/affirm under oath that I have read the foregoing Petition and that the statements set forth herein are true and correct to the best of my knowledge. P: itioner Signatur •• Petitioner Signature Date ` tP\CT Cp0 Subscribed and%., irm:d, or w.! •- ore me 4j. . Subscribed and affirmed, or sworn to before me \in the C.• L: A/ in the County of State .��W�Z�1��; ' State of , this day of �,��, 2 f, o ' day of 20 Commi Expi s: C. et. My Commission Expires: '.�I� . •I �\.ee_ . JDF 606 R10/06 PETITION TO 1 PPEA' . ._ _'. ASSESSMENT `` 0 CLERK TO THE BOARD C(.1 -- PHQt 7336-7215, Ext. 4226 _`tU !, 1 ¢M'5;270242 -/j n.!CI- i tJ.78OX 758 tin� AM 8:54 RADO 0632 AUGAUGZ 'WIi C. COLORADO July 28, 2011 "-21LONG PORK INC . , �,, w ; 25480 CR 80 EATON, CO 80615 RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE d x; DESCRIPTION OF PROPERTY:ACCOUNT#: R0983686 PARCEL#: 0711 20000022- 1 0037-E . PT NW4 20 7 64 BEG N4 COR OF SEC S89053'W 1888.31' S2620' S15D45'E 16.78' S89D59'E • 1883.75' N2639.85' TO BEG LOT-B REC EXEMPT RE-801 (1.30R 3.93S) Dear Petitioner: On July 27, 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 $152,759 $152,759 2011-1764 AS0079 LONG PORK INC - R0983686 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, ally 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.) s, ;;Appeals to the,BAA must be made on forms furnished by the BAA, and.such appeals`sh uld be mailed or'delivered within thirty`₹30)-dSyt of de ii'a16'y`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 c 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 imsel is not charge fort airs o 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 `,t; , 2011-1764 LONG PORK INC - R0983686 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 ,c tr;.: subpoenas for witnesses,books,sggords,Aocuments and other evidence.. He also has the power to administer oaths, and alt questions oft w and fact"s'h'a 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, 'Yak Y Esther E. Gesick Atatekt.Deputy,Clerkto;the;Board,ut `x.�°s+ ittio ; , .n x cc:Christopher Woodruff, Assessor • 2011-1764 AS0079 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 n Yl1 1t 7 ' rito7 LEGAL DESCRIPTIO t4(% : SCHEDULE/ACCOUNT NO. TXi(YEAR T_a AREA; tj1Fne PHYSICAL LOCATION' . r:; li. ,.O , 6�J R0983686 2011 3867 10037-E PT NW4 20 7 64 BEG N4 COR OF SEC S89D53'W 1888.31' S2620' S15D45'E ct 16.78' S89D59'E 1883.75' N2639.85' TO BEG la• LONG PORK INC LOT-B REC EXEMPT RE-801 (1.30R 3.93S) 25480 CR 80 25480 80 CR,WELD • EATON,CO 80615 i-. a O 9- a ASSESSOR'S VALUATION:: .� 1�• iworelf "•1 vt. _� �t 1 adz t 3 5 r CTUA LUVRIO T A A ER PROPERS 10 VIEWAtta £ r a dc�t t.' ,e,'A.6A.Cc'c��.: r.;11g. .:M rA✓'tt,:s ?. d taY,6x1M:WtEx AG BUILDINGS 4,748 4,748 AG LAND 6,793 6,793 AG RESIDENTIAL 141,218 141,218 lTOTAL $152,759 $152,759 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: AL01 - Your property has been uniformly valued following Colorado law. Your protest of value has been denied due to comparison of other similar mil rproperties which sold during the 2009/2010 time peal to the If you disagree Board of Equalization for further lconside consideration, § 39-8-106(1on, you have the right to p)(a), C.R.S. County 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. (it0 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX BOX 758 GREELEY, COLORADO 80632 COLORADO July 28, 2011 LONG PORK INC 25480 CR 80 EATON, CO 80615 RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY:ACCOUNT#: R0983686 PARCEL#: 071120000022- 10037-E PT NW4 20 7 64 BEG N4 COR OF SEC S89D53'W 1888.31' S2620' S15D45'E 16.78' S89D59'E 1883.75' N2639.85' TO BEG LOT-B REC EXEMPT RE-801 (1.30R 3.93S) Dear Petitioner: On July 27, 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 $152,759 $152,759 de 4cfl'2 r) O8/aoi/ 2011-1764 AS0079 LONG PORK INC - R0983686 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 2011-1764 AS0079 LONG PORK INC - R0983686 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, Ci. �D. X/eo,tJz Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor 2011-1764 AS0079 Weld County CHRISTOPHER M. WOODRUFF COUNTY ASSESSOR BRENDA DONES, DEPUTY ASSESSOR VALUATION REPORT OF AGRICULTURAL IMPROVED PROPERTY FOR WELD COUNTY BOARD OF EQUALIZATION LONG PORK INC PETITIONER VS. ASSESSORS OFFICE RESPONDENT Parcel Number: 0711-20-0-00-022 Schedule Number: R0983686 Log Number: Date: 07/27/2011 Time: 2:00pm Board: CBOE PREPARED BY Joe Wild Weld County Assessor's Office Staff Appraiser Assessor's Value $152,759 CBOE_RES_010E Page GENERAL DESCRIPTION AND MARKET SUMMARY SUBJECT SITE AND IMPROVEMENTS This property is located at 25480 80 CR in Weld County. The legal description of the property is 10037-E PT NW4 20 7 64 BEG N4 COR OF SEC S89D53'W 1888.31' S2620' S15D45'E 16.78' S89D59'E 1883.75' N2639.85' TO BEG LOT-B REC EXEMPT RE-801 (1.30R 3.93S) 25480 80 CR WELD 80615. Utilities available to the site are typical for the area. The residence is a frame vinyl sided house constructed in 1977. It has 1642 square feet of finished living area. There is a 280 sq ft unfinished basement on the west side. The house has 3 bedrooms, two baths, 128 sq ft of finished loft, and a wood burning fireplace. The Assessor has classified the structure as a Ranch 1 Story home of Average quality. There are several outbuildings on the parcel in varied states of condition. The 113.05 acres of land are classified as dry farm land. The subject property has been classified as Residential Improvements on Agricultural land for assessment purposes. COOE_RES_0108 Page + : .�_' I yam V ` ` . 'i � r- 1 '•,T. + ' '_'R. , S1 ^1 •. .. • - - -z ' - It r FF rte 1Y+11'- - I r +rte_ 1 11- !iY{�e t' 1 1 1 I w.. tit a i It_ _ J _ ___ _. .. . , . • . 4,,_ imam1 i.,......... as _____ ---7 r y _ _ ^J��l ..�R+' .tea.. 1 �� - —.. ..- alma'• le al • i r . ea 4' .r - Y. r: T•-� i2^ �- L J +6. . r .'V. l + r�rry+.yw1� ' ,J 1 �! .,;,� + . r,. • ...... = a..t• R• ii 44 y"�'r .r�- :�, 1,-r-t, af•w]^ IJ�att y . l s *' rr .S y ._ . �_1 V A K a � .i-re' a r r1+,`.��. •+y- a 1 ,>,- pi- 7% ; 4 15 Ofifilturifii is %1 _� �'y'�Z}�r1:'. . T , .� Y � - r�. ,}:- �. r.�f k. a litre jay 1 0.T I.^'• 4146'S' i.._*. `„�,/.x ' 1 • sw p i brt r7 ,X. t+ I. .I.:'L... •..„ri ► M A OCY 11 U V 112009. - • �..�•�i••11,�..a�'� �AY-t �aT� ;.�. .+n�r'i 1.- a a.: �! /',K, T f 1. __� �C• . r- VALUATION OF AGRICULTURAL LAND The actual value of agricultural lands, exclusive of building improvements thereon , shall be determined by consideration of the earning or productive capacity of such lands during a reasonable period of time, capitalized at a statutory rate of thirteen percent ( 13%) , Colorado Constitution , Article X, Section 3( 1 )(a) , and 39- 1 - 103(5)(a) , CRS . The method of appraising agricultural land for ad valorem taxation purposes, based on its earning or productive capacity, involves an "agricultural landlord formula" which has been approved and accepted by the Property Tax Administrator, the State Board of Equalization , the Statutory Advisory Committee to the Property Tax Administrator, county assessors, and members of the agricultural industry. Net income to the landlord is calculated by first determining a commodity price or grazing rental price averaged over the previous ten years multiplied by the appropriate yield based upon soil classification . Multiplying this gross income by the typical landlord 's crop share results in the landlord's gross income. Typical landlord expenses, allowed on a statewide basis, are averaged over the preceding ten-year period and subtracted from the landlord's gross income to arrive at the landlord's net income. This income is capitalized by the statutory capitalization rate of 13 percent to arrive at an indication of value. CBOE_RES_01089£ Page TYPICAL LANDLORD EXPENSES All expenses must be documented and calculated as ten-year averages using the ten calendar years prior to the June 30 appraisal date for a specified level of value. Not all expenses are allowable. Thi first condition: it must be a typical landlord expense; the second condition: it must be necessary to cultivate a crop; and the third condition: it must be within the following allowable expense categories. For Dry Farm Land Fence expense (researched and provided by DPT) Chemical pesticides, herbicides, and fertilizer expenses (researched locally) Calculation of Dry Farm Income Approach (Per Acre) 26.75 Bushels $22.81 Cost of Fertilizer x $3.94 Commodity Price + $17.53 Cost of Herbicide = $105.40 $40.34 x 50% Fallow x 50% Fallow = $52.70 $20.17 x 33.33% Landlord Share x 33.33% Landlord Share = $17.56 Gross Income $6.72 + 1.88 Cost of Fence $8.60 Expenses $17.56 Gross Income $8.96 Net Income - $8.60 Expenses divided 13% Cap Rate $8.96 Net Income $69.09 Final Dollar/Acre Value The subject property was physically inspected on September 28th, 2009 to verify that the property should have the agricultural designation. The land, which has been classified as 113.05 acres of dry farm, has been valued according to the consideration of the earning or productive capacity of the land and capitalized at the statutory rate of thirteen percent (13%), Colorado Constitution, Article X, Section 3(1)(a), and 39-1-103(5)(a), CRS. INDICATED VALUE Classification Acres Value/Acre Total Valuation Dry Farm 113.05 $60.09 $6,793 CBOE_RES_0108 Page OUT BUILDING VALUES The Cost, Market and Income approaches are considered for the valuation of the agricultural out buildings. However, insufficient data is available for utilizing the Market or the Income approach. Therefore, the Assessor has valued the out buildings based on the Cost approach. The out building: have been classified properly utilizing the Marshall and Swift Valuation Service and an appropriate value assigned. Bldg Number Classification Value 1 Residence $141,168 2 Destroyed in 2003 3 Shed - Utility $50 4 Grain Hopper $50 5 Grain Hopper $50 6 Grain Hopper $50 7 Grain Hopper $50 8 Utility Building $3,348 9 Grain Elevator & Bins $1,200 Total Valuation $145,966 After the physical inspection on September 28th, 2009, all outbuildings, with the exception of building number eight, were reduced to a salvage value, which is the value listed above. Salvage value was determined by an internet search of used grain bins and elevators, along with the current price for scrap metal and the cost to dismantle and transport these structures. Per Marshall and Swift Valuation Service, consideration of regional economic influences should be made for grain elevators and bins in remote rural areas. While functional obsolescence and physical deterioration may be estimated by comparing the elevator structure to other like structures of size and year built, fluctuations in the grain market, accessibility to railroad services and other influences of economic obsolescence can have a significant impact on depreciation. Building #8 is classified as a 988 sq ft, pole constructed Utility building of low quality built in 1992. It i 10' in height, has access to electrical, and sits on a concrete slab. The building was valued by calculating the replacement cost new using Marshall & Swift Valuation Services, then subtracting depreciation. CBOE_RES_0108 Page - j., . lb - - -...,,_ 1 -"Otelleti I IL A , ______=_� _ __,_=__— _Nem , i y ' , • �►.. ,, .„ .<1? I �%%lilac � r, A - . 0hll28ll2.0 0►° s, Building #3 - Utility Shed r I f • t. i ,' a I 4. ± ,I � 1 \ . . -.0., .+ 09 / 28/ 2009 Buildings #4, 5, 6, 7 - Grain Bins CBOE_RES_01 OE Page 1 - s • , ii!,,,"%Ili • ,. 1 r la i le‘ j-e ‘. ' WI it t_ J---.----- J 0T 1 ii � • . ic . �'' , Y •:' . .$ C , I. , e P- 1 . . ,„... , .. . . .. 09 / 28 / 2009 Building #8 - Utility Building I�. : 1 -, At 'I, h4. IhhL, - —Ay Fyp� ; ;`- i/ ^ tiT .V '`y�j , �,�' �ayy�� 4 Mdl ' ♦ %J. •ta t • �� • ,,ii'ff . . i'L ,A.• 1 • - r. .1 _t .f A'1'• To V ij . Building #9 - Shed, Elevator, Bins CBOERES_010t Pagf RESIDENTIAL IMPROVEMENT VALUATION MARKET APPROACH SUMMARY The subject property has been classified as a Residential Improvement on Agricultural Land for assessment purposes. Residential property value shall be determined by appropriate consideration of the Market Approach to Value {39-1-103(5) (a), CRS}. The Assessor has utilized this approach to value for the subject parcel. Residential improvements for the tax year 2011 must be valued using sales from the period of January 1st, 2009 through June 30th, 2010. The sale prices are then adjusted to the final day of the data-gathering period. {39-1-104(11) (b)(I), CRS}. Three comparable properties were used to support the Assessor's value. The following page: contain a market grid showing the adjustments made to these comparables, as well as photograph of the properties and a map indicating their locations. The three comparable properties selected all sit on rural acreages and selected because of their similarity to the subject property in size, style, and assorted amenities. Appropriate adjustments to the comparables were made for differences in size, age, and amenities such as bathroom count and basement finish. Both the value of the land, as well as the out buildings of the comparables were subtracted from the sales price in order to strictly isolate the value of each residence. All of the adjustments made to the market comparison grid were derived over several years of sale analysis in conjunction with Marshall & Swift Valuation Services, also taking into consideratioi regional economic influences and factors. Our office analyzes all sales in the county, usin extrapolation and a thorough market analysis to discover, cultivate, and refine those adjustments. Subject property currently values at $85.97 / sq ft. Comparable #1 adjusts to a value of$141.28 / sq ft. Comparable #2 adjusts to a value of$106.80 / sq ft. Comparable #3 adjusts to a value of$97.34 /sq ft. All of the comparables used bring their own unique qualities as they relate to the subject property. Comparable #1 is nearly identical in square footage. Comparable #2 is closest in proximity to the subject. Comparable #3 had the least amount of adjustments. A value range between $97.34 and $141.28 was established based upon these comparables of similar characteristics, quality, and design. After review of the market grid, the subject property is valued appropriately, and no adjustment is warranted. CBOE_RES_01 08 Page -' _ ,f , r " ,;r II - - - .+w►►= w . ' L.- . 4- f • 1 ■! ': /� . It = rrIiir �" - _ - .s r . • • - tai . Subject Property (East Side) • 49*4;t _ - r-----,i --Le IS -- . - V.I. in L w '4 +x+17 F• Subject Rear View (West Side) CBOE_RES_010E Page 3) CR114 A-- Le U CR 112 Cl) In tn I CR 10 cci)- U in CC --.--% CC a o DOVE Comp #3 SCR 108 CR 108 in N CC 0 3' CC CR106 CR106 CR106 O L CR 104 0 CR 04 �' C P, 102 Tr C � 102 c )C Xi i CC `Lr' 0 1 it I N cc C c cfl 0 CR 100 U CR 100 --NUNN cell] — CR 98 CR 98 -s c.0 CR 96 U CR 96 =7) CR 96 CR 96 ' lL O CR 9 % CR94 N- � n N LX co CC 0 CR 92 0 CR 92 U N 5 ; ', C R 9b R P 88.75 ' PURCEELLL- U •-) , -1- PIERCE CR 38 cc V CF 88 I In wzr U - 1 CC CQBf ."� C R 84 C4 R �j—• tf co U N .. , - - AULT " c cc NZ% '--"' CR 80.5 I (1:7 CR er,) 7, r; C 80 , CR 80 `CR 80 SCR 80 CAMFIELD cR 80 --.1.~ to cc M � . CR78 CR78 CR78 n C 78 C 78 c - cc Subject U `t U 'n Co CR 76 - U_ F _. cccr CR 76 U U R 74 C ' 74 CR74EATONSEVRANCE iup nCR7TLLINS , C 72 Comp #1 CR 72 et>in ctCR '2 a I C7 to CrCC 0C U CR 70 " Comp #2 U U U I --MY 392 - 1 _ 1 . _J - Comparable Number 1 - •w Y • Iy • \o • _i- Comparable Number 2 • • _ _ -+nN • .-TM ..fit ya '.,- • Comparable Number 3 .-,art h , - 1� p>'�'. f 1 11, dip ;As!• .11 ti . r3IP • r:111 , nni II11 �f��tlf�) IIII II�fir i ul; F,k 1!N ►i lsiilhii Imams • • Y fit; gar ;:r- . • .'fi • t, ` ..— :,7�" .�`-- ^• . CBOE_RES_010 Page FTaasag » ssa $ igNsoEgga § 0ga NOcr co. o v, �! o o n wa N 44 M a •N M M N ANN �y ¢i M M N '0 m U ES W U. U) C V V C Ill m m a a V 6 T z to in = Es m o 0 001 a it a gg�q a all000M. N om me tR < m $ E rn u u yrotro 7R id �i 0 �g c9m NLfi oo err O � a Qi S g < 8 K .l 2g ¢ Q @ LaV co 03 M M cr pO coOo oo O M O N O 10o- cf M po o p pN O N UL *— N 0 ,,,2pppp Q Qpp a H a df §- M W M H d! s d! fA OnD g o N g 8 oi O O 8 MI co O cn 0J O N e ce O V N ^ V iM 6` N M N iM 44 IN Lio^ N fA 47, LLLL 142 o a 1 V V o •-• ogaa O 0 o m ffiE 3 z W Q 8888d_ {8p " �R8LL ! p m Et ea 88 m �aiV� � QO � ggpN § 5�5 WMC-f CO n ffigr. 440V = I. Q at u S N N 8 E X - R N. tS oop o� O N O E— g v N O °O Q W IR (��S3�pp Z 7; '4( W N N N N 8 M o M N N N M M o N A Ili an M 0 O ry 8 N C I ) N 14) N CO f) n CO f0 O toi o i;,4 a n n (V 0, G01 @ co gabcr 3 N y.. - ...49 w c+i `^ 8 f!!,Y 44 NLLLL :§ N V o a W E taa 8 $ z . mm y� QaNQ E as md.' � � Cj 025 � lo 88 • t ao lit ti1: 0BY sett ca vi uQi iL-o co rt t N 3 L. ono $ Q V 41 CI9- H44oCCgr . 0) ovo9- off K $ N- oNN- GI- 4402 < < c. On ow -ea 2 N or O Q O en a 00 00 O i G ' '2 u fn+QQQ Sop (0 Us I a s 2A g c,A O LN O N O HT O O O O O m N_ a g 3S 15 II a n H G r a >> aE l sS3 me g2 tLLn ma' . E8 at > m � N2 ,306 E 8 � a m 6 c § m lingda3 ., 02"a �, a 0 � s sf lco �' v 0 � 13 � � � atnaOizo ud t � c�°� � � � o 13 } LLLL SUMMARY The Assessor's Office recommends the subject property be valued as such: AG LAND $6,793 AG BUILDINGS $7,048 AG RESIDENTIAL $141,168 Total: $152,759 CBOE_RES_010': Page :oo i/ 7 NOTICE OF DETERMINATION Christopher M. Woodruff Date of Notice: 6/22/2011 Weld County Assessor Telephone: (970) 353-3845 or (720) 652-4255 1400 N 17th Ave Fax: (970) 304-6433 Greeley, CO 80631 E-mail: appeals@co.weld.co.us www.co.weld.co.us Office Hours: 8:00 AM - 5:00 PM x a. xK i8 m rt t h'tt•'' � > %)I EGA L.DESCRIP-,�ION�N 1TSCHEDUJ CCOUNTNO v �E'�ARa u Rocs Mt. a ' ,„, , , * • P4prina�1Ylx".r I:,,Oti PHYSICAL LOCATION R0983686 2011 3867 10037-E PT NW4 20 7 64 BEG N4 COR OF SEC S89D53'W 1888.31' S2620' S15D45'E 16.78' S89D59'E 1883.75' N2639.85' TO BEG Z LONG PORK INC LOT-B REC EXEMPT RE-801 (1.30R 3.93S) 3 25480 CR 80 25480 80 CR,WELD - EATON,CO 80615 ¢. O cc ASSESSOR S VALUATION �A PRO ER T f LASSI ICATI0t • VUE R 0RT -TACTUALb vAtuEIAFTE h - � REVi •Y{SY� 'N11r 4i iM.. ?Li .Y X.-K.. ib'i �' .♦Kx iaYK. ,3it:aa�1..1`4.�}ir�:L$YY1.. ..-n'• '`x;.:: AG BUILDINGS 4,748 4,748 AG LAND 6,793 6,793 AG RESIDENTIAL 141,218 141,218 `" TOTAL $152,759 $152,759 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: AL01 - Your property has been uniformly valued following Colorado law. Your protest of value has been denied due to comparison of other similar properties which sold during the 2009/2010 time period. 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 Xa get tiiearingt in the fall. If you are concerned about mill levies, we recommend that you zttendipese 'b.8dget hearings. Please refer to last year's tax bill or ask your Assessor for a $lilg oflhe Igoal taxing authorities. 6h —Piea''se refer to the reverse side of this notice for additional information. Mr.John Long 25480 County Road 80 14 Eaton,CO 80615 2011-1764 ;,w.. -;. ,: ws, ». 2sr" s,�1t`,"APPEAL`PROCEDURES . '4.- 4 ,u ''. "'trti''4 --I 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 riot 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. i , ";f -PETITION TO COUNTY,BOARD OF EQUALIZATION i 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.) $ '../S S 23 --- 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.) -rick_ 2a t ✓.a/ts-R. mi4. Atli( ciZ..c-'. Co K iolnelpC� /Az 7013 ccv+� v l uJle..a 4 i 7 el ZcnJ�' ..'r= ,.M Y >ti':, , : :; 21- r , ,'ATTESTATION p ,. '1; .,:',4'..-}% .' >,',i. vt a 1;t; tx1O1, I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herei and on any attachments hereto are true and complete. LZ :3 c, q- ,,�,, 11 .774 L/s7 1,3a 4 Sig ature Telephone N tuber c_D to 15-DPT-AR PR 207-08/11 R0983686 13676 ' Attach letter of authorization signed by property owner. Esther Gesick From: longpork@thinairnet.com Sent: Tuesday, July 26, 2011 9:29 PM To: Esther Gesick Cc: Joe Wild Subject: Due Process Dear Clerk to the Board, I cannot attend a hearing 7-27-11 at 2:00PM. I requested an alternative date but was denied. At 8am 7-25-11, I called the assessors office to request the information the county was to use at the hearing. I left a voice mail on J Wild,s phone. Early AM on 7-26-11, Joe returned my call and stated I must in writing request said information. I e-mailed Joe while we were on the phone with the request. A short time later Mr Wild called and stated I could pick it up tomorrow morning. My scheduled hearing is for tomorrow . I received my notice of this hearing in the US mail on Sat(7-23-11), if one must submit in writing the information to be used by the county- it is very likely the hearing would be over before the request is received and by all means if the county has three days to respond certainly the hearing is over. This is an absolute insult to the democratic process, fairness,integrity and to the spirit of due process. The first question I want answered Yes or NO is: The $141,218.00 value listed as ag residential is for the house only - no land - no water tap - no electric hookup- no appliances - nothing else? The second question I want answered does anyone on the board or representative on the assessors office have any knowledge of why"the feedmill"was increased 2900% in 2007 and reduced to 2005 value after 2009 inspection? Four years I have attempted to get the reason for the 2900% increase and who did it and have been told there is no record. Do you think this kind of taxpayer treatment increases or decreases trust in government? Is there even the slightest possibility the government could admit to a mistake and reconcile it? I challenge if you can act as a Board of Equalization when one board member received about a $134,000.00 loan on a property and a current year assessed value of $80,000.00. Please read paragraphs three and four of the notice of your hearing letter and visualize if it may come from a banana republic or a constitutional republic! Disenfranchised in Weld County, Long Pork Inc JRL Pres EXHIBIT 1 1 a CLERK TO THE BOARD PHONE (970) 336-7215 EXT 4226 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us i 915 10TH STREET P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 21, 2011 LONG PORK INC 25480 CR 80 EATON, CO 80615 Parcel No.: 071120000022 Account No.: R0983686 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 27, 2011, at or about the hour of 2:00 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. 2011-1764 monk tE Lis}ec • AS0079 LONG PORK INC - R0983686 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 2011-1764 AS0079 BOE SUMMARY SHEET Account Number: R0983686 Parcel Number: 071120000022 LONG PORK INC 25480 CR 80 EATON, CO 80615 HEARING DATE: 7/27/2011, AT 2:00:00 PM HEARING ATTENDED? (Ye NAME: AGENT NAME: APPRAISER NAME: JW DECISION ACTUAL VALUATION APPROVE BY SET BY ASSESSOR BOARD TOTAL ACTUAL VALUE 152,759 COMMENTS: MOTION BY D IL TO �xM SECONDED BY tiO ifirkrneye�-- (Y/N) Conway - N) Failed to prove appropriate value Garcia -- /N) No comparables given Long - IN) Assessor's value upheld Rademacher-- /N) Other: RESOLUTION NO. 2011-1764 M:\BOE\SUMMARY.dotx Hello