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HomeMy WebLinkAbout20101635.tiff CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O BOX BOX 758 GREELEY, COLORADO 80632 Ci COLORADO July 29, 2010 ENGLUND DAVID R 2005 81 AVE CT GREELEY, CO 80634 RE: THE BOARD OF EQUALIZATION, 2010, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R4569806 PARCEL #: 095917217006 - GR ORM1-2 L6 BLK 1 OWL RIDGE MINOR BLOCKS 1 & 2 Dear Petitioner: On July 29,2010,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 2010. The Board of Equalization found that the evidence presented at the hearing clearly supported the value placed upon your above described property by the County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY SET BY BOARD ASSESSOR $351,488 $351,000 cc C/4 PFD /e fer� ,15- cc(rfrrey, .et:e) 09/070/0 20A800 5 ENGLUND DAVID R - R4569806 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 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 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 2010-1635 AS0076 ENGLUND DAVID R - R4569806 Page 3 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, Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor 2010-1635 AS0076 BOE SUMMARY SHEET Account Number: R4569806 Parcel Number: 095917217006 ENGLUND DAVID R 2005 81 AVCT GREELEY, CO 80634 HEARING DATE: 7/29/20bN) 10, AT 9:30 AM 17 HEARING ATTENDED? NAME: LOMA. � Y,�,�AtCAGENT NAME: XJ APPRAISER NAME: VAG Va - DECISION ACTUAL VALUATION APPROVE BY SET BY ASSESSOR BOARD TOTAL ACTUAL VALUE 351,488 3,j/ dz2O COMMENTS: MOTION BY (04 TO • t SECONDED BY 4 ( Garcia Rademacher- s Failed to prove appropriate value Conway-- No comparables given Kirkmeyer- Ned ) Assessor's value upheld Long -- (Y/N)tateQSE Other: RESOLUTION NO. 2010-1635 M:\BOE\SUMMARY.dotx Weld County CHRISTOPHER M.WOODRUFF COUNTY ASSESSOR BRENDA DONES,DEPUTY ASSESSOR VALUATION REPORT OF RESIDENTIAL IMPROVED PROPERTY FOR Weld County Board of Equalization ENGLUND DAVID R ENGLUND LINDA F PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 0959-17-2-17-006 Schedule Number: R4569806 Log Number: 3148 Date: July 29, 2010 Time: 9:30 Board: CBOE PREPARED BY VALERIE GRUBE WELD COUNTY ASSESSOR'S OFFICE STAFF APPRAISER CBOE_RES_01O89t Page 1 GENERAL DESCRIPTION OF SUBJECT The subject property is located at 2005 81 AVCT in GREELEY. The legal description of the property is GR ORM1 -2 L6 BLK 1 OWL RIDGE MINOR BLOCKS 1 & 2 . The subject is a Frame Stucco house constructed in 2007 . It has 1 , 559 square feet of finished living area above grade . It has 1 , 559 square feet of basement of which 1 , 316 square feet is finished basement. There are 4 bedrooms. The Assessor has classified the structure as a Ranch 1 Story home of Good quality construction . The assessor completed an exterior and interior physical inspection on July 26 , 2010 . — - _ � [_ - r lar ti � , , A' j 1 � lr r � i r} : l* r - r a � y Y ° r , 1 ---- -.4, - , , - • i J 16. .. . „ . I `• . Y ad>bw • • g. 1 i i t . ri...... et.. . v .;vi • it . Lam,„ _ if ir--- _ lair . _ . r' • ty 1 -- A rRlisp , `, ?:4iii,...2. , . t/. 1r - + - OM , .-•• 4 :, i r • . .1V I,♦ a :w Or" ° . . . . - O710111DS3 0 070411 =MS ix -_ �., ; _- - --: - -__., - -- - - CBOE_RES_01 Pa MARKET APPROACH SUMMARY The subject property has been classified as Residential for assessment purposes. Residential property value shall be determined solely by consideration of the Market Approach to Value {39-1-103(5)(a), CRS}. As required by 39-1-104(10.2), CRS, the market value is determined by utilizing data from the period of one and one-half years immediately prior to June 30th, 2008. 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, 2008. When appropriate, all sales are to be time adjusted to the appraisal date of June 30th, 2008. Although the appraisal date is June 30, 2008, the physical characteristics are reflective of the property as of January 1, 2010. The comparable sales in this report were selected using county records and the Multiple Listing Services. 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. There were 13 arms-length sales in this area in the eighteen month data collection period. Of those sales, none were sales from a financial institution. The sales prices ranged from $343,000.00 to $435,000.00. The best three comparable properties were selected for the market adjustment grid. 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} The market value of the property as of June 30th, 2008 is: ASSESSOR'S VALUE RESIDENTIAL $351,488 Total: $351,488 CBOE_RES_0108'. 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Woodruff Date of Notice: 6/22/2010 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 SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R4569806 2010 2848 GR ORM1-2 L6 BLK 1 OWL RIDGE MINOR BLOCKS 1 &2 ce 2005 81 AVCT ENGLUND DAVID R GREELEY,CO 3 2005 81 AVCT o GREELEY, CO 80634 r a. d O a ASSESSOR'S VALUATION ACTUAL VALUE PRIOR PROPERTY CLASSIFICATION TO ACTUAL VALUE AFTER REVIEW REVIEW RESIDENTIAL 351,488 351,488 TOTAL S351,488 S351,488 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: ALO1 - 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 2007/2008 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 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 informatiq. u ...... 4-.- ter. 7 2010-1635 E> • 15.DRuAf2 t`4 207.08/08 .a-OD# 8973 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone(970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property—after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. 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 9`"Avenue and 9th Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.govlbaa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, §39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll,h original irtstait cost, appraisal, etc.) d / — � , ;Dog �l� CiYc (t'i& r9414'v 09 (20,4g) JO.dr, trio heY22,2 4,Xlcl 2l. d.Q6 esoeet Yale v A .rued' oist .&P2 inv)hc/ ATTESTATION I, undersi d owner or agent' of the property identified above, affirm that the statements co it iin r on a attachments hereto are true and corn lete. 97O -.3D/-43zQ //o Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 5-DPT-AR PR 207-08/08 NOD#.8973 May 25, 2010 Weld County Assessor Office 1400 N 17th Ave Greeley, Co 80631 RE: Property Value Account #R4569806 Parcel # 095917217006 Property Address 2005 81s` Avenue Ct Name-David R. & Linda F. Englund To Whom It May Concern: This letter is in regards to the assessed value on the above property. All the homes in this subdivision were built in 2007 with sale prices from $275,000.00 to 450,000.00. There were no more homes built in 2008, with only one home selling in 2008 for $266,000.00. All the rest of the homes went into foreclosure or short sale. Since 8-27-08 (which as stated above only one sale in 2008) to 12-09 all home's have sold in the price range of$160,000.00 (for a partially finished home) to $250.000, 00 for completed homes. In 2009 all but one home in Owl Ridge Minor Blocks 1 & 2 have been sold. 12 homes sold in the range of$205,000.00 to $250,000.00 4 homes sold in the range of$150,000.00 to $190,000.00 We feel our current assessed value is over stated. With all houses going into foreclosure in 2008 and values falling dramatically we are asking you to consider adjusting our taxes to reflect a more current and fair value. Enclosed is a copy of our appraisal with we paid $238,000.00 in May 2009 for our home. Thank your for your consideration.Rea,ReDavid R. Englund Linda F. Englund CLERK TO THE BOARD Kit PHONE (970)356-4000 EXT 4226 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us hue PO. BOX 758 GREELEY, COLORADO 80632 COLORADO July 23, 2010 ENGLUND DAVID R 2005 81 AVCT GREELEY, CO 80634 Parcel No.: 095917217006 Account No.: R4569806 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 29, 2010, at or about the hour of 9:30 AM, 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, 2010, and mailed to you on or before August 10, 2010. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 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. 2010-1635 AS0076 ENGLUND DAVID R - R4569806 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 //YeeiLde-eoicEsther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor 2010-1635 AS0076 Hello