HomeMy WebLinkAbout20101294.tiff RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - KENNETH AND
RANA BACHMAN
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, a hearing before the Board was held on the 26th day of May, 2010, at which
time the Board deemed it advisable to continue said matter to June 16, 2010, to allow adequate
time to for the Assessor to prepare, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at
a duly and lawfully called regular meeting held on the 16th day of June, 2010, at which meeting
there were present the following members: Chair Douglas Rademacher, and Commissioners
Sean P. Conway, William F. Garcia, Barbara Kirkmeyer, David E. Long, 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
represented by Brenda Dones, and taxpayers Kenneth and Rana Bachman, 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, approved, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$44,560.00 $3,564.58 2009
C, : AsR PCB 2010-1294
7-45-73 AS0075
TAX ABATEMENT PETITION — KENNETH AND RANA BACHMAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of June, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTES Ii!
Is6s k o S dem c , Chair
Weld County Clerk to e •< + -
O Eile Gf / arbara Kirkm er, Pro-Tern
BY: �� y� ,
puty Clerk o the Boar
Sean P. way
A D AS T RM: I q
Will F. Garcia/
County Attorney c �`
David E. Long �l
Date of signature: %(.
2010-1294
AS0075
.
. PETITION FOR ABATEMENT OR REFUND OF TAXI, !O/�y
County:WELD ((�� to Received ��� d
1 LTG L. C G J�s?Assessor's or Commissioners'Date Stamp)
FRS
Section I: Petitioner,please complete Section I only. ■ _E r
b
Date: MARCH 23, 2010
2010 JUL 15 A 9= 19 �a Av2 ilgo>!4 49 !ea
Month Day Year _ MAR 2 9 2010
Petitioner's Name: KENNETH&RANA BACHMANI - w.)Addre
ss: _
Petitioner's Mailing 1778 SUNLIGHT DR. WELD COUNTY ASSESSOR
CO 8053 y GREELEY, COLORADO
City or Town State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
R1375702 PT N2 18-2-68 LOT A RE-3229
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.)
PROPERTY IS BEING USED FOR AN AGRICULTURAL ENDEAVOR AND SHOULD BE ASSESSED AS
r�
SUCH.
0
(—
cc
Petitioner's estimate of value: $ 996.00 ( 2009 ) . ,.
Value Year i\o
Cr,
Petitioner requests an abatement or refund of the appropriate taxes.
I declare,and pe Ity of perjury in the second degree,that this petition,together with any accompanying exhibits
or statem nt been prepared or examined by me,and to the best of my knowledge,information and belief,is —
c n complete. ��yl,•�� �j /,��/` NJ
Daytime Phone NumbeFt'-`� )`� -'�^' 7 'NJ
Petitioner's Signature
By Daytime Phone Number f )
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 Assessor's Use Only)
Tax Year 2009
Ac u'a]l� Assessed
�1 q Tax
Original is 9-DO qe Tito" s SS&Cr 8 '..
Corrected nth Joe 2H,DO
bcy/��
Abate/Refund /53, 9O9 S3 0 ,3S�i!�+
Assessor recommends approval as outlined above.
No protest was filed for the year: 2009 or a protest was filed,please attach a copy of the NOD.)
O Assessor recommends denial for the following reason(s):
dal
`sessor's or D'.uty Assessor's Sig :t
15-OPT-AR No.920-66/06
2010-1294
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund fled 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 51,000)
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 Veaserer for full payment information.
Petitioner's Signature Date
Assessor's 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 d nd lawfully
called regular meeting held on I I ,at which meeting there were present the fo ing members:
Month Day Year
with notice of such meeting and an opportunity to be present having been ' to the taxpayer and the Assessor
of said County and Assessor (being present--not present)and
Name
petitioner (being pre nt--not present),and WHEREAS,The said
Name
County Commissioners have carefully considered the wit • petition,and are fully advised in relation thereto,
NOW BE IT RESOLVED,That the Board(agrees—d not agree)with the recommendation of the assessor
and the petition be(approved--approved in part enied))with an abaa�ttfffement/r/e/fund as follows:
s �}I�'
Year Assessed Value Ta Abate/Refund 1[ ' n,(I ' /f/�I/f'
i rof of ��n (Commissioners'o lis r 'C' r
Chairperson of the Board of County Signature
County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for the aforem toned county,do hereby certify that the above and foregoing order is truly copied from the
record of the proce Ings of the Board of County Commissioners,
IN WITNESS EREOF,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
N e: 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$1,000)
e action—Oh e Board of County Commissioners,relative to the within petition,is hereby
❑Appf,ffisiC Approved in part$ ❑Deled forth ollowing reason(s):
i /Secretary's Signature openly Tax Administrator's ig tur Date
15-DP TAR No.920-66/06
Kenneth L & Rana A Bachman
1778 Sunlight Drive
Longmont, CO 80504
303-550-4642 (Ken Cell)
March 18, 2010
Mr. Duane Robson
Senior Appraisal
1400 North 17th Ave.
Greeley, CO 80631
RE: Owner Name: Kenneth & Rana Bachman
Property Location: 465 20.5 CR, Weld County
Account#: R1375702
Parcel #: 131318200001
Tax District: 2342
Dear Mr. Robson:
You and I spoke a couple weeks back about the reason for the increase in property taxes on our
2.21 acre parcel located at 465 20.5 CR, Weld County from 2008's taxes of$91.31 to 2009 taxes
of$3,588.58.
During our conversation you indicated that if we provided documentation that this parcel was
being used in an agricultural manner that this assessment could be reversed/corrected back to
agricultural in nature.
Attached to this letter I submit a letter signed by Daniel S Wolford, the manager of Parks, Open
Space and Forestry stating that our parcel is being farmed by Mr. Paul Schlagel and has been
since we purchased this parcel in 2007. Additionally I attach Form 4835 (Farm Rental Income
and Expenses) for tax years 2008 and 2009 reflecting the expenses we pay for this parcel. Mr.
Schlagel has historically had a lease with the City of Longmont to farm their open space property
and in the process a portion of our parcel has been and is being farmed by Mr. Schlagel. Upon
purchasing this parcel we saw no reason to change this arrangement and he has continued to farm
our parcel even though we receive no compensation. Additionally, Mr. Schlagel uses our parcel
for access to the City's property he is farming and on occasion stores his equipment on our
parcel.
In summation this parcel has always been used and is currently being used in a farming activity
and therefore should be taxed as agricultural property.
We respectfully request that you review this information and adjust our assessment to
agricultural If there are any questions please do not hesitate to contact us.
Resp 1 , EEIE
e et L Bachman MAR 19 2010
303-550-4642
WELD COLA I'Y' A5SL iSUk
GREELEY, COLORADO
DEPARTMENT OF PUBLIC WORKS & NATURAL RESOURCES of LONQ
Parks, Open Space and Forestry Svkt
Z y ' r3
7 So. Sunset Street
Longmont, Colorado 80501 CpLOR 43
March 18, 2010
Mr. Duane Robson
Senior Appraisal
1400 North 17th Ave.
Greeley, CO 80631
RE: Owner Name: Kenneth & Rana Bachman
Property Location: 465 20.5 CR, Weld County
Account #: R1375702
Parcel #: 131318200001
Tax District: 2342
Dear Mr. Robson:
Ken and Rana Bachman have asked the City of Longmont's Natural Resources
Division to provide the Office of the Weld County Assessors with this letter
confirming their 2.21 acre parcel located at 465 20.5 CR is currently being used in
a farming operation by the Paul Schlagel. In addition to this farming operation,
Mr. Schlagel also uses this property to access their farming properties adjacent to
this parcel; the City of Longmont utilizes this parcel to access the City's open
space adjacent to this parcel; and TOP Operating Oil & Gas utilizes this parcel to
access their oil and gas wells adjacent to this parcel. Occasionally farm
equipment is stored on this parcel for the convenience of the farmers. It should be
noted that these activities existed prior to the Bachman's purchasing the property
on July 19, 2007 and to date the Bachman's have allowed these activities to
continue.
If there are any questions please do not hesitate to contact me.
.-\-16c(
Daniel S. Wolford
Manager of Parks, Open Space and Forestry
City of Longmont
303 774-4691 (Office)
dan.wolford@ci.longmont.co.us
Form 4835 Farm Rental Income and Expenses OMB No.1545-0074
(Crop and Livestock Shares(Not Cash)Received by Landowner(or Sub-Lessor))
(Income not subject to self-employment tax) 2009
• Attach to Form 1040 or Form 1040NR. • See instructions.
Department of the Treasury Attachment 37
Internal Revenue Service (99) 465 CR 20.5, Weld County Sequence No.
Your social security number
164-54-2600
Employer identification number(EIN),if any
Kenneth L & Rana A Bachman [
A Did you actively participate in the operation of this farm during 2009 (see instructions) Yes In No
Part I I Gross Farm Rental Income — Based on Production. Include amounts converted to cash or the equivalent.
1 Income from production of livestock, produce, drains, and other crops 1
2a Cooperative distributions (Form(s) 1099-PATR) . .. 2 a 2b Taxable amount 2 b
3 a Agricultural program payments (see instructions) .... 3a 3b Taxable amount 3b
4 Commodity Credit Corporation (CCC) loans (see instructions):
a CCC loans reported under election 4a
b CCC loans forfeited 4b1 I 4c Taxable amount ... 4c
5 Crop insurance proceeds and federal crop disaster payments (see instructions):
a Amount received in 2009 I 5a1 I 5b Taxable amount 5b
c If election to defer to 2010 is attached, check here. ofi 5d Amount deferred from 2008 .. 5d
6 Other income, including federal and state gasoline or fuel tax credit or refund(see instructions) 6
7 Gross farm rental income.Add amounts in the right column for lines 1 through 6. Enter the total here
and on Schedule E (Form 1040), line 42 • 7
I Part II : I Expenses — Farm Rental Property. Do not include personal or living expenses.
8 Car and truck expenses (see 21 Pension and profit-
Schedule F instructions). Also sharing plans 21
attach Form 4562 8 22 Rent or lease:
9 Chemicals 9 a Vehicles, machinery, and ,
10 Conservation expenses equipment (see instructions) 22a
(see instructions) 10 CrfPtther (land, animals, etc) 22b
11 Custom hire (machine work) 11 23 Repairs and maintenance 23
12 Depreciation and section 179 24 Seeds and plants 24
expense deduction not 25 Storage and warehousing 25
claimed elsewhere 12 26 Supplies 26
13 Employee benefit programs 27 Taxes 27 91.
other than on line 21 (see
Schedule F instructions) 13 28 Utilities 28 259.
14 Feed 14 29 Veterinary, breeding,
15 Fertilizers and lime 15 and medicine 29
16 Freight and trucking 16 30 Other expenses (specify):
17 Gasoline, fuel, and oil 17 a 30a
18 Insurance (other than health) 18 b - 30b
19 Interest: c 30 c
a Mortgage (paid to banks, etc) 19 a d 30d
b Other 19b e - 30e
f 30 f
20 Labor hired(less employment credits)
(see Schedule F instructions) 20 g 30g
31 Total expenses.Add lines 8 through 30g (see instructions) 0' 31 350.
32 Net farm rental income or(loss).Subtract line 31 from line 7. If the result is income, enter it here and
on Schedule E, line 40. If the result is a loss, you must go to line 33 PAL 32 0.
33 If line 32 is a loss, check the box that describes your investment in this activity 33 a X AU investment is at risk.
(see instructions) _ 33 b some mvmnt is not at risk.
c You may have to complete Form 8582 to determine your deductible loss, regardless of which box you
checked (see instructions). If you checked box 33b, you must complete Form 6198 before going
to Form 8582. In either case, enter the deductible loss here and on Schedule E, line 40 33c
BAA For Paperwork Reduction Act Notice,see instructions. FDlznm 10/28/09 Form 4835 (2009)
Form 4835 Farm Rental Income and Expenses OMB No.1545-0074
(Crop and Livestock Shares(Not Cash)Received by Landowner(or Sub-Lessor))
(Income not subject to self-employment tax) 2008
• Attach to Form 1040 or Form 1040NR. • See instructions.
Department of the Treasury Attachment 37
Internal Revenue Service (99) 465 CR 20.5, Weld County Sequence No.
Name(s)shown on tax return Your social security number
164-54-2600
Employer identification number(EIN),it any
Kenneth L & Rana A Bachman n
A Did you actively participate in the operation of this farm during 2008 (see instructions)? Yes H No
Part I 'I Gross Farm Rental Income — Based on Production. Include amounts converted to cash or the equivalent.
1 Income from production of livestock, produce, grains, and other crops 1
2a Cooperative distributions (Form(s) 1099-PAIR) 2a 2b Taxable amount 2b
3a Agricultural program payments (see instructions) .... 3a 3b Taxable amount 3b
4 Commodity Credit Corporation (CCC) loans (see instructions):
a CCC loans reported under election 4 a
b CCC loans forfeited I 4b1 I 4c Taxable amount ... 4c
5 Crop insurance proceeds and federal crop disaster payments (see instructions):
a Amount received in 2008 I 5al I 5b Taxable amount ... 5b
c If election to defer to 2009 is attached, check here. •D 5d Amount deferred from 2007 .. 5d
6 Other income,including federal and state gasoline or fuel tax credit or refund(see instructions) 6
7 Gross farm rental income.Add amounts in the right column for lines 1 through 6. Enter the total here
and on Schedule E (Form 1040), line 42 , 7
I Part II !I Expenses — Farm Rental Property. Do not include personal or living expenses.
8 Car and truck expenses (see 21 Pension and profit-
Schedule F instructions). Also sharing plans 21
attach Form 4562 8 22 Rent or lease:
9 Chemicals 9 a Vehi I s machinery, and
10 Conservation expenses COnt (see instructions) 22a
(see instructions) 10 bother (land, animals, etc) 22 b
11 Custom hire (machine work) 11 23 Repairs and maintenance 23
12 Depreciation and section 179 24 Seeds and plants 24
expense deduction not 25 Storage and warehousing 25
claimed elsewhere 12 26 Supplies 26
13 Employee benefit programs 27 Taxes 27 79.
other than on line 21 (see
Schedule F instructions) 13 28 Utilities 28 259.
14 Feed 14 29 Veterinary, breeding,
15 Fertilizers and lime 15 and medicine 29
16 Freight and trucking 16 30 Other expenses (specify):
17 Gasoline, fuel, and oil 17 a 30 a
18 Insurance (other than health) 18 b 30b
19 Interest: c _ 30c
a Mortgage (paid to banks, etc) 19 a d 30d
b Other 19 b e 30 e
f 30 f
20 Labor hired(less employment credits)
(see Schedule F instructions) 20 g 30g
31 Total expenses.Add lines 8 through 30g (see instructions) 31 338.
32 Net farm rental income or(loss).Subtract line 31 from line 7. If the result is income, enter it here and
on Schedule E, line 40. If the result is a loss, you must go to line 33 32
33 If line 32 is a loss, check the box that describes your investment in this activity 33 a X an investment is at risk.
(see instructions) _l 33 b Some invmnt is not at risk.
c You may have to complete Form 8582 to determine your deductible loss, regardless of which box you
checked (see instructions). If you checked box 33b, you must complete Form 6198 before going
to Form 8582. In either case, enter the deductible loss here and on Schedule E, line 40 PAL 33c —338.
BAA For Paperwork Reduction Act Notice,see instructions. FDIZl101 06/11/08 Form 4835 (2008)
WELD COUNTY TREASURER 1It
ACCOUNT# R1375702 REAL PROPERTY TAX NOTICE P.0.BOX 458 Ifs'
PARCEL# 131318200001 2009 TAXES DUE IN 2010 GREELEY,CO 80632-0458 WILD X
TAX AU7HORiTY _. ',-: „ , .;_ TAX LEW. YEMP TA%FREDIT_-" ' --"GENERAL TAX, VALUATION' `.ACTUAL' ri: ^r-:ASSePSED%
WELD COUNTY 2203800 5.23400 753.83 LAND 154700 44860
SCHOOL DIST REIJ 46.26800 0.00000 2075.59 IMPROVEMENTS 0 0
NORTHERN COLORADO WATER( 1.00000 0.00000 4486 PERSONAL PROP 0 0
ST VRAIN LEFT HAND WATER 0.18400 0.00000 8.25 SR/VET EXEMPT (0) (0)
LEFT HAND WATER 0.00000 0.00000 0.00
MOUNTAIN VIEW FIRE 11.74700 0.00000 526.97 NET TOTAL 154700 44860
ST VRAIN SANITATION 0.73700... 0.00000 33.06 MESSAGES.. ,. _
HIGH PLAINS LIBRARY - 3.25500 0.00000 146.02
LONGMONT CONSERVATION 0.00000 0.00000 0.00
TOTAL NET LEVY=79.99500 3588.58 #1 Making a Payment #2 Delinquent Payments
#3 Payment Receipt #4&5 Senior or Veteran Exemption
SENIOR OR VETERAN EXEMPTION (0.00)
GRAND TOTAL 3588.58
SB 25- ht absence of State Legislative Funding,
your School General Fund mill levy would have been 60.32100 SEE CORRESPONDING 4 ON BACK OF STATEMENT
The value of your property for 2010 will not change from the
value shown on this tax notice unless the Assessor's office sends
you a notice of value in May or June of 2010. Property owners
may appeal their value by fax,e-mail,letter,or m person.Contact
. the Assessor's office for date and times on the appeal process.
LEGAL DESCRIPTION OFPROPERTY . - Unpaid prior year taxes.
t€
PT N2 18-2-68 LOT A REC EXEMPT RE-3229(.29R) z`•'%,-. .r, IIP.,.. „E,,, ,J»'t ii,
PAYMENT DUE DATE AMOUNT
PROPERTY LOCATION: 465 20.5 CR WELD 000000000
First Half MAR 1,2010 1794.29
Second Half JUN 15,2010 1794.29
Full Payment APR 30,2010 3588.58
Make Checks Payable To:
WELD COUNTY TREASURER
BACHMAN KENNETH L&-R1375702 POST DATED CHECKS ARE NOT ACCEPTED
BACHMAN RANA A If you have sold this property,please forward this statement to
n ]77$SUNLIGHT DR the new owner or return to this office marked"property sold"
W.... LONGMONT CO 80504-2088 THE TREASURER S OFFICE IS REQUIRED BY LAW TO SEND
THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR
TAXES ARE PAID BY A MORTGAGE COMPANY KEEP THIS
NOTICE FOR YOUR RECORD.
37089AX.015 WELD: 0034298 RETAIN TOP PORTION roR YOUR RECORDS
County Treasurer's not responsible for erroneous payments. ein •,+. ?_ • — " •...
n 1plea with/c.:r:norigog¢M1o..xbtlernrni na Mo-51u
make the tax payment Failure to do so could result in delayed pro
cussing or your ount 2009 TAXES DUE IN 2010 No
RETURN THIS COUPON FOR SECOND HALF PAYMENTS
2nd Half Coupon 2
Return this coupon with payment to' ACCOUNT NUMBER
WELD COUNTY TREASURER
11111111111111111111 11111111111111011111111111111 BOXadditional fees and
GREELEY,CO 80632.0458 penalties pay by the due date R1375702
PROPERTY 27547 1 AV 0.335 *0034298 S1
OWNER ��.y�� BACHMAN KENNETH L&-RI375702
Of ixh# BACHMAN RANA A
RECORD ��33tt 1778 SUNLIGHT DR SECOND HALF DUE BY JUN 15,2010 u 1794.29
LONGMONT CO 805042088
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CLERK TO THE BOARD
PHONE: (970) 336-7215, EXT. 4226
FAX: (970) 352-0242
a 91510TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
loupe
COLORADO
May 3, 2010
KENNETH AND RANA BACHMAN
1778 SUNLIGHT DR
LONGMONT CO 80504
RE: SCHEDULE NUMBER R1375702
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: PT N2 18-2-68 Lot A RE-3229. The
meeting is scheduled for May 26, 2010,at 9:00 a.m., in the First Floor Meeting Room,Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
The Assessor is recommending that the Board approve 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,
Esther E. Gesick
Deputy Clerk to the Board
cc: Assessor
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