HomeMy WebLinkAbout20093127.tiffWELD COUNTY, COLORADO
ARBITRATION AWARD
THE PARTIES TO THIS ACTION entered into a Stipulation, which has been reviewed
and approved by this Arbitrator. A copy of the Stipulation is attached and incorporated as a part
of this Award.
FINDINGS OF FACT AND CONCLUSIONS:
Subject property is described as follows:
County Schedule No:R6847797
Property Type: (Residential / Commercial / Agricultural / Residential )
Taxpayer is protesting the 2009 actual value of the subject property.
The parties agreed that the 2009 actual value of the subject property should be reduced to
Total value: $575,000.00
(Reference attached Stipulation).
The Arbitrator concurs with the Stipulation.
AWARD:
The 2009 actual value of the subject property shall be as set forth above. The records of
the Weld County Assessor shall be adjusted to reflect the 2009 actual value of the subject
property.
The Arbitrator's fees for conducting this matter are $150.00 Said fees are to be
paid as follows: 50% paid by the petitioner (tax payer) and 50% paid by the respondent (Weld
County Board of Equalization).
Each party shall pay their own witness fees, attorney's fees and miscellaneous costs.
DATED THIS 13th day of November, 2009
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ARBITRATOR
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2009-3127
WELD COUNTY COLORADO
BINDING ARBITRATION
Single County Schedule Number R6847797
STIPULATION (As To Tax Year 2009 Actual Value)
FREDERICK & RITA GINTHER,
Petitioner(s),
vs.
WELD COUNTY BOARD OF EQUALIZATION,
Respondent.
Petitioner (s) and Respondent hereby enter into this Stipulation regarding the tax
year 2009 valuation of the subject property, and jointly move the Arbitrator to enter a
decision based on this Stipulation.
Petitioner (s) and Respondent agree and stipulate as follows:
L The property subject to this Stipulation is described as:
L162 Mulligan Lake Estates
2. The subject property is classified as Residential property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2009:
Land $135,700.00
Improvements $638,749.00
Total $774,449.00
4. After a timely appeal to the Board of Equalization, the Board of Equalization
valued the subject property as follows:
Land $135,700.00
Improvements $589,300.00
Total $725,000.00
5. After further review and negotiation, Petitioner (s) and County Board of
Equalization agree to the following tax year 2009 actual value for the subject
property:
R6847797
M:AStipulations \2009 form for Binding Arbitration\BINDING ARBITRATION.doc 1
County Assessor
Land $135,700.00
Improvements $439,300.00
Total $575,000.00
6. The valuation, as established above, shall be binding only with respect to tax
year 2009.
7. Brief narrative as to why the reduction was made:
Corrected characteristics and quality issues
8. Both parties agree that the hearing scheduled before the Arbitrator on
November 16th (date) at 4:00pm (time) be vacated.
1,1isnth dNovember, 2009.
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Cour%ty Attor6y for Respo dent,
Board of Equalization
Address: Address:
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Telephone: j7O 535--c 2000 Telephone: - .3510- `-/coo KK(3 9
Maki,
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext. 3697
R6847797
M:AStipulations\2009 form for Binding Arbitration\BINDING ARBITRATION.doc 2
CLERK TO THE BOARD
PHONE (970) 356-4000 EXT.4226
FAX: (970) 352-0242
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
Wi�Yc.
COLORADO
November 23, 2009 - , r�y� t.;(
Gene Stille
35886 County Road 49
Eaton, Colorado 80615
RE: Arbitration Hearing Award - Account #: R6847797 - Ginther
Dear Mr. Stille,
Enclosed is a check, in the amount of $150.00, as reflected in the Arbitrator's Fee Agreement.
Pursuant to the Arbitration Award, 50% was paid by the petitioner and 50% was paid by Weld
County. If you have questions, please do not hesitate to contact me at (970) 356-4000 Ext.
4226.
Sincerely,
Esther E. Gesick
Deputy Clerk to the Board
cc: County Attorney
Assessor
Frederick and Rita Ginther
CLERK TO THE BOARD
PHONE (970) 356-4000 EXT.4226
FAX: (970) 352-0242
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
111k.
COLORADO
November 23, 2009 «( a
Frederick and Rita Ginther
238 Mulligan Lake Drive
Mead, Colorado 80542
RE: Arbitration Hearing Award - Account #: R6847797
Dear Mr. and Mrs. Ginther
Enclosed is a check, in the amount of $75.00, reflecting the difference between the advance fee
of $150.00 and the actual fee as determined by the Arbitrator's Award. If you have questions,
please do not hesitate to contact me at (970) 356-4000 Ext. 4226.
Sincerely,
•4O'11
Esther E. Gesick
Deputy Clerk to the Board
cc: County Attorney
Assessor
Gene Still
WELD COUNTY, COLORADO
PETITION FOR ARBITRATION
• Taxpayer, rre�.er\C K.1,„ t rl4-ke_1- R ltlr �. Lis r
v.
WELD COUNTY BOARD OF EQUALIZATION
1. The undersigned property owner or authorized agent, pursuant to Section 39-8-108, C.R.S.,
requests arbitration.
2. The subject property is located in Weld County with address or legal description as follows:
dig akA M N1 I Lyn r. I ' lend CP a06t2,
with tax schedule number
P\/J'j7l`I7
3. That the property is (residential real property) (other property). State classification of the
property if other than residential, i.e., personal, commercial, vacant land, etc.:
4. That the residential arbitration fee in the amount of $150.00 is hereby advanced, to be held
in trust pending a decision of the arbitrator;
OR
4. That the fee estimate of $ agreed upon between the parties is hereby
advanced, to be held in trust pending a decision by the arbitrator;
OR
4. An application for fee waiver based upon indigence of the petitioner is pending before the
Board of County Commissioners.
5. That.i GErfE
6. That "�``the following issue are in need of arbitration;
Prei LS n vOj\ aACC2 r&m 1Q
(10
PETITIONER'S SIGNATURE:
Printed NAME:
ADDRESS:
PHONE #:
be named and assigned as arbitrator
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WELD COUNTY, COLORADO
OATH OF ARBITRATOR
Taxpayer, FREDERICK L. GINTHER AND RITA B. GINTHER
v.
WELD COUNTY BOARD OF EQUALIZATION
I solemnly swear and affirm under penalty of perjury that I meet the qualifications of
Section 39-8-108.5, C.R.S., that I will be completely impartial, and that I will fairly and justly
determine the issues placed before me.
I further swear and affirm that I have no financial or personal interest in the outcome of
the arbitration of this case, and have no existing or past financial, business, professional, family
or social relationships with any of the parties or their attorneys that will affect my impartiality or
create an appearance of partiality or bias except
ASIGNTURE
%o -I -O,'
DATE
O1
co
CLERK TO THE BOARD
PHONE (970) 356-4000 EXT.4226
FAX: (970) 352-0242
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
Wilk
COLORADO
October 20, 2009
Frederick and Rita Ginther
238 Mulligan Lake Drive
Mead, Colorado 80542
RE: Arbitration Hearing - Account #: R6847797
Dear Mr. and Mrs. Ginther:
You are hereby notified that an Arbitration Hearing has been set at your request for
November 16, 2009, at 3:30 p.m. The hearing will be held at the Weld County Centennial
Center, 915 10th Street, Third Floor Conference Room B, Greeley, Colorado 80631.
Gene Stifle will be presiding.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000 Ext. 4226.
Sincerely,
Esther E. Gesick
Deputy Clerk to the Board
'L/ cc: County Attorney
l � Assessor
Gene Stifle
M:\BOE\R6847797b. doc
at;w4
Wine
COLORADO
September 22, 2009
CLERK TO THE BOARD
PHONE: (970) 356-4000 EXT. 4226
FAX: (970) 352-0242
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
TO: ARBITRATOR
TAXPAYER
ASSESSOR
RE: FREDERICK L. GINTHER AND RITA B. GINTHER v. WELD COUNTY BOARD OF
EQUALIZATION
The attached petition, having been timely filed and fees advanced, and having received no
objections from the respondent Board, the above -captioned case is hereby assigned to
Gene Stifle who will serve as arbitrator in this matter. Upon filing of the oath or affirmation, the
arbitrator will contact the parties to schedule the matter for hearing.
DEPUTY CLERK TO THE BOARD
q/i3 ec : etc}, ASi', 311!. ,4';g12€4.,
CLERK TO THE BOARD
PHONE (970) 356-4000 EXT.4226
FAX: (970) 352-0242
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WIDc.
COLORADO
September 8, 2009 —-i)1(,i;_I
Frederick Ginther
238 Mulligan Lake Drive
Mead, CO 80542
Dear Mr. Ginther:
This is to acknowledge your request for arbitration pursuant to Section 39-8-108, C.R.S. In an
effort to expedite handling of cases, the Weld County Board of County Commissioners has
adopted rules and procedures for the arbitration process. Enclosed for your review is the list of
approved arbitrators, a copy of the rules and procedures, and a petition. The petition must be
completed by the property owner or legal counsel and returned to this office with the appropriate
fees.
Upon receipt of the petition and advancement of fees, your case will be assigned for arbitration.
It is important to promptly comply with the rules and procedures to ensure that your case is dealt
with in a fair and expeditious matter.
Sincerely,
•
Esther E. Gesick
Deputy Clerk to the Board
End.
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WUDc.
COLORADO
August 3, 2009
GINTHER FREDERICK L &
238 MULLIGAN LAKE DR
MEAD, CO 80542
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 422s
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
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RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
DESCRIPTION OF PROPERTY: ACCOUNT#: R6847797 PARCEL#: 120715300062 - MEA MLG
L62 MULLIGAN LAKE ESTATES SITUS: 238 MULLIGAN LAKE DR MEAD 805420000
Dear Petitioner:
On July 29, 2009, 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 2009.
The Board of Equalization found that the evidence presented at the hearing clearly
supported an adjustment of the value placed upon your above described property by the County
Assessor.
The assessment and valuation of the Weld County Assessor was adjusted as follows:
ACTUAL VALUE AS
DETERMINED BY
ASSESSOR
$774,449
848/09
vie, art no -4104 +6_ CaD6 c oe,Lr I n-64,-Furst/tic,
RRbri ar un o
ACTUAL VALUE AS
SET BY BOARD
$725,000
76 ri 11 a_ 2009-1743
AS0073
yd
00L£ -£99-0L6
Beyme Auaaef db£:90 60 91, 6ny
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