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HomeMy WebLinkAbout20112367.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - DR. STEPHEN CASTLE, D.O./CASTLE MEDICAL BUILDING, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 7th day of September, 2011, at which meeting there were present the following members: Chair Barbara Kirkmeyer, and Commissioners Sean P. Conway, William F. Garcia, David E. Long, and Douglas Rademacher, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being present, and taxpayer, Dr. Stephen Castle, D.O./Castle Medical Building, LLC, not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petition, and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and the petition be and hereby is, denied, and an abatement or refund be denied as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0.00 $0.00 2009 2011-2367 945 -11 AS0078 TAX ABATEMENT PETITION - DR. STEPHEN CASTLE, D.O./CASTLE MEDICAL BUILDING, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of September, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Barbara Kirkmeyer, Chair Weld County Clerk to the Board -- - �\� I. / � Sean P. Co ro-Tem BY: Syr CI k to the�Boar. /J `� F. Garcia APPR D AS s... :"M: r ' I _ 1 r 'dong o nt fly CC7 (a.2 n rQ rn4 )Lt/ Douglas/Rademac er Date of signature: g /y-// 2011-2367 AS0078 PETITION FOR ABATEMENT OR REFUND OF TAXES County: Weld Date Received aev/rO Ls. (Use Assessor's or Commissioners Date Stamp) RECEIVED Section I: Petitioner,please complete Section I only. Date: 2/9/2011 Month Day Year - - -- MAR 08 2011 Petitioner's Name: Castle Medical Building LLC,Dr.Stephen P.Castle DO Petitioner's Mailing Address:752- W 20th Street,Building E WELD COUNTY ASSESSOR Greeley /L 5/ Colorado 80634 GREELEY, COLORADO City or Town State Zip Code SCHEDULE OR PARCEL NUMB (S PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY I22.062 R 135 4,Foot GRMVC LI BLK I,Mountain Vista Center // 7251 W 20th Street,E,Greeley,CO 80634 • Petitioner states that the taxes assessed against the above property for the property tax year 2009 are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. Attach additional sheets if necessary.) Petitioner's estimate of value: $647,802.00 (2009 ) Value Year Petitioner requests an abatement or refund of the appropriate taxes. I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits or statements,has been prepared or examined by me,and to the best of my knowledge,information and belief,is true,� � & c/orrect,and complete. Off kN��/. &is7/* . LP/BJd PLC •d Daytime Phone Number fp?O )Zr("l002 one Signature/ By J 'n jam cc Daytime Phone Number f /i ) 1 i Agent's Signature' 'Letter of agency must be attached when petition Is submitted by an agent. If the board of county commissioners,pursuant to section 39-10-114(1),or the property tax administrator,pursuant to section 39-2-116,denies the petition for refund or abatement of taxes in whole or in part,the petitioner may appeal to the board of assessment appeals pursuant to the provisions of section 39-2-125 within thirty days of the entry of any such decision,§39-10-114.5(1),C..R,S. Section II: Assessor's Recommendation (For Assessors Use Only) Tax Year 2009 Actual 4 Assessed Tax a Original 410 7',2Ofj a 75 27-f .3.4./ Corrected tilt 4/C '.W07,'See /3jj 273. Abate/Refund -i/ . -g Assessor recommends approval as outlined above. N °test was filed for the year: (If a protest was filed,please attach a copy of the NOD.) ssessor recommends denial for the following reason(s): P^ o veAti /9-120.77iaz9 letm . Can N Assessor's or Deputy s Igoe f`� �. 15-DPT-AR No.920-66/06 15 2011-2367 • • FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to section 39-10-114 shall be acted upon pursuant to the provisions of this section by the board of county commissioners or the assessor,as appropriate,within six months of the date of filing such petition.§39-1-113(1.7),C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to$1,000) The commissioners of County authorize the assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of one thousand dollars or less per tract,parcel,or lot of land or per schedule of personal property,in accordance with§39-1-113(1.5),C.R.S. The assessor and petitioner mutually agree to the values and tax abatement/refund of: Tax Year Actual Assessed Tax Original Corrected Abate/Refund Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if applicable. Please contact the county treasurer for full payment information. Petitioner's Signature Date Assessors or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners (Must be completed if Section III does not apply) WHEREAS,The County Commissioners of County,State of Colorado,at a duly and lawfully called regular meeting held on / /2009 ,at which meeting there were present the following members: Month Day Year with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and Assessor (being present--not present)and Name petitioner (being present--not present),and WHEREAS,The said Name County Commissioners have carefully considered the within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED,That the Board(agrees—does not agree)with the recommendation of the assessor and the petition be(approved—approved in part--denied)with an abatement/refund as follows: Year Assessed Value Taxes Abate/Refund Chairperson of the Board of County Commissioners'Signature County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said County this day of Month Year County Clerk's or Deputy County Clerk's Signature Note: Abatements greater than$1,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than$1,000) The action of the Board of County Commissioners,relative to^the within petition,is hereby ❑Approved 9 Approved in part$ I I Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-DPT-AR No.920-66/06 PAUL W. SACCO ATTORNEY AT LAW L, L C BANK OF THE WEST BUILDING•4290 WEST 10"'STREET•SUITE 110•GREELEY,COLORADO 80634•Tel.(970)356-8000•Fax(970)356-1825 March 2, 2011 Weld County Assessor 1400 N. 17th Avenue Greeley, CO 80631 Re: Castle Medical Building LLC/7251 20'h Street, E, Greeley, CO 80634 Petition for Abatement or Refund of Taxes To Whom It May Concern: Please be advised that this office represents Stephen P. Castle, Manager and President of Castle Medical Building LLC and Dr. Stephen P. Castle DO. Enclosed is a Waiver Consent and Release of Information (authorization) authorizing your office to discuss with me all matters involving the above entities real property located in Weld and Larimer Counties and Petition for Abatement or Refund of Taxes. Sincerely, Paul W. Sacco, Esq. cc: Steve & Linda Castle ://Enclosures RECEIVED VASaccolaw\publicACf I\Castle,Stephen ATax Appeals VGomel Property VCover to Assessor 32201 I.wpd MAR 082011 WELD COUNTY ASStSSOR GREELEY, COLORADO • WAIVER CONSENT AND RELEASE OF INFORMATION (Authorization) To: Weld County Assessor I,Stephen P.Castle,Manager and President ofCastle Medical Building LLC and Dr.Stephen P.Castle DO,the undersigned, hereby authorize Paul W.Sacco,Attorney at Law,LLC to negotiate and settle taxes and assessments and any and all matters involving the above entities real property located in Weld and Larimer Counties. This consent is effec ' c from as of February 8,2011, until revoked by me in writing. S ephen P. astle, DO CASTLE SAL BUILDIN LLC z- ,fie By. / lti� , Manager WITNESS / / CLERK TO THE BOARD PHONE: (970) 336-7215, EXT. 4226 FAX: (970) 352-0242 8 6 - 2 [J 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 WELD -COUNTY August 22, 2011 DR STEPHEN CASTLE, DO CASTLE MEDICAL BUILDING LLC 7251 W 20TH ST BLDG E GREELEY CO 80634 RE: SCHEDULE NUMBER R1356802 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 7251 W 20th St, Bldg E, Greeley, Colorado. The meeting is scheduled for September 7, 2011, at 9:00 a.m., Weld County Administration Building, 1150 O Street, Greeley, Colorado. The Assessor is recommending that the Board deny your petition. You are not required to be present at this hearing; however, this is your opportunity to have your position heard, especially if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Sincerely, Tonya Disney Deputy Clerk to the Board cc: Assessor Paul Sacco Attorney at Law LLC 4290 W 10th St Ste 110 Greeley CO 80634 CLERK TO THE BOARD PHONE: (970) 336-7215, Ext. 4225 18 6 1 - 2 0 1 1 FAX: (970) 352-0242 1150 O STREET TI P.O. BOX 758 GREELEY, COLORADO 80632 s _ WELD._ COUNTY September 16, 2011 DR STEPHEN CASTLE, DO CASTLE MEDICAL BUILDING LLC 7251 W 20TH ST BLDG E GREELEY CO 80634 RE: SCHEDULE NUMBER R1356802 Dear Property Owner: On September 7, 2011, the Board of Weld County Commissioners considered your petition for abatement or refund of taxes and denied same. Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and instructions from: Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 In preparation for appealing to the State Board of Assessment Appeals you may also go to the following state link to obtain any further information you may need to proceed, http://www.dola.state.co.us/baa/index.htm Very truly yours,^ Tonya Disney Deputy Clerk to the Board cc: Assessor PAUL SACCO ATTORNEY AT LAW LLC 4290 W 10TH ST STE 110 GREELEY CO 80634 Hello