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Home My WebLink About20093111.tiffRESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - GARY YOUNG/RIVA DEL LAGO, 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 25th day of November, 2009, at which meeting there were present the following members: Chair William F. Garcia, and Commissioners Barbara Kirkmeyer, David E. Long, and Douglas Rademacher, with Commissioner Sean P. Conway being excused, 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 Gary Young/Riva Del Lago, LLC, not being present, and WHEREAS, the Board of County Commissioners have carefully considered the attached petition, and are 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 VALUATION ABATEMENT OR REFUND TAX YEAR $123,620.00 $11,526.32 2008 2009-3111 AS0072 C%//�35-//p TAX ABATEMENT PETITION - GARY YOUNG/RIVA DEL LAGO, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of November, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COUN_OLORADO ATTEST: Weld County Clerk to the B BY. De APP ounty °`torney Date of signature 12 David E. Long iL(Icc1 uglas ademacher, ' o-Tem EXCUSED Sean P. Conway Kirkmeyer / 2009-3111 AS0072 Mir PETITION FOR ABATEMENT OR REFUND OF TAXES County: Cl-i C -Id _ Date Received (Use Assessors or Commissioners' Date Stamp) ZUGS DEC 2 All 8: 42 Section I: Petitioner, please complete Section I only. Date: J zoo, Month Day Year Petitioner's Name: GA -rut 401/2.4 6 Ptv'4, Petitioners Mailing Address: SZ664 LiI Alt tk/At..5 Or. WELD COUNTY ASStSSU ftori- Co1(t:✓s Co BoS24' GREELEY, COLORADn RECEIVED City or Town State Zip Code MAY 26 2009 SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGA DESCRIPTION OF PROPERTY R771 9,048 '.y3 se/KZ (.tla�s/' ate/✓It/47� zPID 6:, ,S 6C $oct 4t. ed Lwf cnr 8os�o Petitioner states that the taxes assessed against the above property for property tax year(s)2a78 and z007 are incorrect for the following reasons: (Briefly describe the circumstances ssurrounding �th�e� incorrect �value eor tax. Attach additional sheets if necessary.) (,I (0, i frerap{t.f C/A SS /'Ff cq- ,_1 5 AP 44/ baz r ,4¢r f v'-- C(acs- otft-taA( . Petitioner's estimate of value: $ U:2003) and $ ( ) Value Year 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, correct, and complete. By Agent's Signature Daytime Phone Number j `70) 41Z4' 010.7 Daytime Phone Number ( '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) LEVI 93.�yOoo aoo8 Tax Year Actual Assessed Tax Actual Tax Year Assessed Tax Original SS7, 5(o1 /70,390 g/5;857./‘ es7'!(o 581, Sol 4'47 t % 36oJv Abate/Refund o /?3 %2o $/l,5?(or3Z Ly-Nssessor recommends approval as outlined above. No protest was filed for the year(s): or (If a protest was filed, please attach a copy of the NOD.) ❑ Assessor recommends denial for the following reason(s): 15-DPT-AR No. 920-66/06 2009-3111 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 fling 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: Actual Tax Year Tax Year Assessed Tax 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. Petitioners Signature Date Assessor's or Deputy Assessors Signature Date Section IV: Decision of the County Commissioners (Must be completed if Section Ill does not apply) WHEREAS, The County Commissioners of called regular meeting held on / I , at which meeting there were present the fo Month Day Year County, State of Colorado, at a d and lawfully ing members: with notice of such meeting and an opportunity to be present having been g - to the taxpayer and the Assessor of said County and Assessor (being present --not present) and Name petitioner (being pr. - -nt--not present), and WHEREAS, The said Name County Commissioners have carefully considered the vii - n petition, and are fully advised in relation thereto, NOW BE IT RESOLVED, That the Board (agrees --s •es not agree) with the recommendation of the assessor and the petition be (approved --approved in p- --denied) with an abatement/refund as follows: Year Assessed Value T es Abate/Refund Assessed Value Chairperson of the Board of County Commissioners' Signature County Clerk and Ex -officio Clerk of the Board of County Commissioners in and for the afo ' mentioned county, do hereby certify that the above and foregoing order is truly copied from the record of the p . ceedings of the Board of County Commissioners. IN WITN 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) Board of County Commissioners, relative to the within petition, is I?ereby Approve in part $ , -- ❑ Denied/ for the fo w,ing reason(s): aiD/Q Date 5 -DP -A• 0.920-66/06 Account R7719099 553 Southwood Lane Windsor, CO The subject dormitories are part of a larger economic unit originally known as Covenant Bible College. When it was owned and occupied as a Bible College, it had exempt status. On August 29, 2008 the total property (parcels 041,042,043,044) sold to Riva Del Lago for $1,610,000. Mr. Gary Young the owner filed an appeal in 2009 requesting the Dormitories be reclassified as residential. The property is currently vacant but the last known use was student dormitories. The subject parcel was reclassified as 100% residential for 2009. For that reason, I am recommending approval of this prorated year abatement. I have since reviewed all occupancy and changed the computer abstract default to residential if there is a possibility of residential use. Hopeful that will eliminate some of these types of abatements. Stan L. d o en �p d N J c Cl 3 U U413 Q in 13 tc, d U IL a)t 2 L L ± c° a a r CO r iii 0 0 c re( )cortex \ rf RNfT MAPPING X424 l Account #: R7719099 Local #: Appr Year: 2008 Tax Dist: 2418 Assign To: SGJ WELD COUNTY ASSESSOR PROPERTY PROFILE Levy: 93.24 Map #: 2174 Initials: SGE # of Bldgs: 2 LEA: 2D0765 Acct Type: Exempt New Growth: 0 Parcel #: 080719402043 MK Seq #: MH Space: Create On: 03/10/1999 Active On: 11/5/2008 InactiveOn: Last Updated: 11/5/2008 Owner's Name and Address: RIVA DEL LAGO LLC 5747 NICKAUS DR FORT COLLINS CO 80528 Business:STUDENT DORMATORIES Property Address: Street: 653 SOUTHWOOD LN City: WINDSOR Sales Summary Sale Date 8/29/2008 6/11/1998 Sale Price $1,610,000 $300,000 Deed Type WD WD Reception # Book Page # Grantor 3576548 COVENANT BIBLE COLLEGE MIDWEST 2623136 EVERITT ENTERPRISES INC Legal Description WIN WWV2 L43 BLK2 WESTWOOD VILLAGE 2ND SITUS: 655 SOUTHWOOD LN WINDSOR 0 SITUS: 653 SOUTHWOOD LN WINDSOR 805500000 Subdivision Name: WESTWOOD VILLAGE 2ND FG Block Lot 2 43 Tract Section 19 Township Range 06 67 Land Type Commercial Abst Ag Code Code 2115 Land Subtotal: Square Feet Land Valuation Summary Unit of Number Value Measure Of Units Per Unit 75,553 Square Feet 75553 $2 Actual Assmt *Assessed Value Percent Value $113,330 00 0.29 $32,870 75553 $113,330.00 $32,870 Buildings Valuation Summary Thursday, August 13, 2009 Page 1 of 4 l Account #: R7719099 Local #: Bldg # Property Type 1 Commercial 2 Commercial Improvements Subtotal: Abst Code 2215 2215 WELD COUNTY ASSESSOR PROPERTY PROFILE Occupancy 321 - Dormitory Residence Halls 321 - Dormitory Residence Halls Parcel #: 080719402043 MH Seq #: Actual Value $748,018 $859,028 $1,607,046 MH Space: Assmt *Assessed Percent Value 0.29 $216,925 0.29 $249,118 $466,043 Total Property Value `Approximate Assessed Value $1,720,376 $498,913 Thursday, August 13, 2009 Page 2 of 4 WELD COUNTY ASSESSOR Account #: R7719099 PROPERTY PROFILE Parcel #: 080719402043 Local #: Building #: 1 Property Type: Commercial Quality: Average Condition: CM -Typical Perimeter: 400 Percent Comp: 100.00% MH Seq #: MH Space: Condo SF Condo % Land: Condo % Bldg: Unit Type: Landscaping $: 0 1 $0.00 Nbhd: 2905 Nbhd Ext: 00 Nbhd Adj: 1 Individual Built As Detail Occupancy: Dormitory Residence Halls Built As: Dormitory Residence Halls Year Built: 1998 Construction Type: D Year Remodeled: HVAC: Package Unit % Remodeled: Interior Finish: Adj Year Blt: 1998 Roof Cover: Effective Age: 10 Built As SF: 9812 Mh Make: # of Baths: Tag Length/Width: X # of Bdrms: Tag Length/Width: X # of Stories: 1 Mh Skirting LF: Story Height: 10 MH Skirting Type: Sprinkler SF: Diameter: Capacity: Height: Bldg #: 1 Asphalt Concrete Slab Com Canopies Wood Average WOOD DECK Building Details Add On Value Details Units Units Price RCN Actual Value 10000 $1.93 $19,300.00 $17,756.00 2070 $3.70 $7,659.00 $7,046.00 720 $6.90 $4,968.00 $4,571.00 720 $6.00 $4,320.00 $3,974.1[ RCN Cost/SF: $79.17 Design Adj %: 0 Func Obs °/0: 0 Total RCN: $813,063.00 Exterior Adj %: 0 Econ Obs %: 0 Phys Depr %: 0.08 Interior Adj °/0: 0 Other Obs °/0: 0 Phys Depr $: 65045 Amateur Adj %: 0 RCNLD $: $748,018.00 RCNLD Cost/S $76.24 Market/SF: $0.00 Thursday, August 13, 2009 Page 3 of 4 t WELD COUNTY ASSESSOR Account #: R7719099 PROPERTY PROFILE Parcel #: 080719402043 Local #: Building #: 2 Property Type: Commercial Quality: Average Condition: CM -Typical Perimeter: 416 Percent Comp: 100.00% MH Seq #: MH Space: Condo SF Condo % Land: Condo % Bldg: Unit Type: Landscaping $: $0.00 Nbhd: 2905 Occupancy: Dormitory Residence Halls Nbhd Ext: 00 Nbhd Adj: 1 Individual Built As Detail Built As: Dormitory Residence Halls Year Built: 2004 Construction Type: D Year Remodeled: HVAC: Package Unit % Remodeled: Interior Finish: Adj Year Blt: 2004 Roof Cover: Effective Age: 4 Built As SF: 10596 Mh Make: # of Baths: Tag Length/Width: X # of Bdrms: Tag Length/Width: X # of Stories: 1 Mh Skirting LF: Story Height: 10 MH Skirting Type: Sprinkler SF: 10596 Diameter: Capacity: Height: Building Details Bldg #: 2 Add On Com Canopies Wood Average Concrete Slab Average Units Units Price RCN Actual Value 744 $6.90 $5,133.60 $5,031.00 912 $2.80 $2,553.60 $2,503.00 Value Details RCN Cost/SF: Total RCN: Phys Depr °/0: Phys Depr $: RCNLD $: $79.42 Design Adj %: $876,559.00 Exterior Adj %: 0.02 Interior Adj %: 17531 Amateur Adj %: 0 0 0 0 Func Obs %: Econ Obs %: Other Obs %: $859,028.00 RCNLD Cost/S $81.07 Market/SF: $0.00 0 0 0 Thursday, August 13, 2009 Page 4 of 4 Account Notes Entry Date Office Account#: R7719099 Note Bldg Category 5/23/2001 A CHANGED TAX AREA DUE TO FORT COLLINS SOIL DISTRICT. JSW 2/8/2005 A New Dormitory building added for 2005. SEM 2/10/2005 A 2005 -UPDATED EXEMPT CODES FROM 9169 AND 9269 TO 9159 AND 9259. JSW/RKK 11/5/2008 A 2008 -PRORATED ACCT PER SALE WD REC#3576548 8/29/08. SGE 3/16/1999 A APPLICATION FOR EXEMPTION FILED 12/31/98. FLAGGED. 3.16.99JWE 3/10/1999 A 1999 -NEW SUB SPLIT FROM 080719000058. JP 03/10/99 4/8/1999 A PARCEL EXEMPT EFF 6/11/98 PER DPT 4/5/99. CHGD ABS CODE ON RW FOR 99 FROM 2115/2215 TO 9169/9269. NO PRORATION FOR 98 AS PARCEL WAS NOT ACTIVE UNTIL 99. 4.8.99JWE 4/6/1999 A 99 COPIED BLDGS CSS 4/3/1999 A ADDED LAND FOR 99 PAN/CSS ADM APPR ADM ADM ADM ADM APPR APPR APPR Thursday, August 13, 2009 Page 1 Sketches\Photos for Acct# R7719099 BIdgID: 1 Q:\DATA\SKETCHES\080719402043001-1.jpg Covenant Bible College Dormitory - 24 Units First Floor 5238, 0 S.F Second Floor 2288 0 S.F Second Floor 2288.0 S F. 52 0' 52 0' First and Second Floor 52.0' 300' Recreation Room First Floor Only of Covered Deck 360 0 S.F 60 0' sketch by '}roe Bldg ID: 2 I CO 30 0' co Lo First and Second Floor 52.0' Covered Deck 360.0 S F. io Q:\data\photos\ 080719402043_002_rv.jpg 60 0' Sketches\Photos for Acct# R7719099 BIdgID: 2 BIdgID: 2 Q:\DATMSKETCHES\000719402043002-1.jpg Second Floor 2484.0 S.F 54.0' Q:\data\photos\ 080719402043_002.jpg Covenant Bible College Dormitory - 24 Units Dormitory First Floor5628.0 S F First and Second Floor 54.0' Second Floor 2484.0 S.F. 54 0' 30 0' Student Lounge First Floor only 30 0' Covered Porch 372.0 S F c) First and Second Floor 54.0' i Covered Porch 372.0 5 F. ILO PLO 62 0' 62 0 sketch by Apex IV." "De COLORADO November 20, 2009 Gary Young Riva Del Lago, LLC 5747 Nicklaus Drive Fort Collins, CO 80528 RE: SCHEDULE NUMBER R7719099 Dear Property Owner: CLERK TO THE BOARD PHONE (970) 336-7215, EXT. 4225 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 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: L43 BLK2 Westwood Village, 2nd; 653, 655 Southwood Lane, Windsor, Colorado. The meeting is scheduled for November 25, 2009, 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 Esther Gesick at (970) 336-7215, extension 4226. Sincerely, Zdek .412 Esther E. Gesick Deputy Clerk to the Board cc: Assessor Hello