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Home My WebLink About20091772.tiffCOLORADO CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 August 4, 2009 STEVENSON NORLAN L & 51984 CR 19 NUNN, CO 80648 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R3185204 PARCEL #: 045315200012 - N2NW4 15-9-67 EXC UPRR RES (1.5R) SITUS: 51984 19 CR WELD 000000000 Dear Petitioner: On July 30, 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 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 DETERMINED BY ASSESSOR ACTUAL VALUE AS SET BY BOARD $258,094 $258,094 2009-1772 lilt `. 4 CI Pe,(L� aC��G /A 0073 STEVENSON NORLAN L & - R3185204 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 2009-1772 AS0073 STEVENSON NORLAN L & - R3185204 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 2009-1772 AS0073 Weld County CHRISTOPHER M. WOODRUFF COUNTY ASSESSOR BRENDA DONES, DEPUTY ASSESSOR VALUATION REPORT OF RESIDENTIAL IMPROVED PROPERTY FOR County Board of Equalization STEVENSON NORLAN L & STEVENSON NIKI L PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 0453-15-2-00-012 Schedule Number: R3185204 Log Number: 2400 Date: 7/30/2009 Time: 08:00 AM Board: Board #1 PREPARED BY JOE WILD Signature Date ASSESSOR'S OFFICE STAFF APPRAISER ASSESSOR'S VALUE AG LAND $893 AG RESIDENTIAL $257,201 Total: $258,094 CBOE_RES_010898 Page 1 (9OO9- /7 7a GENERAL DESCRIPTION AND MARKET SUMMARY SUBJECT SITE AND IMPROVEMENTS This property is located at 51984 19 CR in the city of WELD. The legal description of the property is N2NW4 15-9-67 EXC UPRR RES (1.5R) SITUS: 51984 19 CR WELD 000000000. Utilities available to the site are typical for the area. The residence is a Frame Siding house constructed in2006. It has 2082 square feet of finished living area. There are 3 bedrooms. The Assessor has classified the structure as a Modular home of Average quality, using Average quality materials. l • it; 1 • a �i . r ... 4..4 • 4.. 1 r 4•, s,:�s•�r: •t► rte. •;+ war ' '� �_.� •s CBOE_RES _010 Pag' MARKET APPROACH SUMMARY Real property for the tax year 2009 must be valued utilizing the level of value for the period of one and one-half years immediately prior to July 1, 2008. A period of five years immediately prior to July 1, 2008 shall be utilized to determine the level of value if adequate data is not available from such one and one-half year period to adequately determine the level of value for a class of property. Said level of value shall be adjusted to the final day of the data -gathering period. Changes occurring between base years are not to be accounted for until the following level of value is implemented, other than additions, change in use, detrimental acts of nature, damage due to fire, etc., creation of a condominium, new regulations restricting or increasing the use of the land, or a combination thereof {39-1-104(11)(b)(I), CRS}. The Weld County Assessor has an established ongoing Sales Confirmation and Validation Program for property transactions used in developing values. The subject property has been classified as Residential for assessment purposes. Residential property value shall be determined by appropriate consideration of the Market Approach to Value {39-1-103(5)(a), CRS}. The Assessor has considered this approach to value for the subject parcel. ASSESSOR'S VALUE AG LAND AG RESIDENTIAL $893 $257,201 Total: $258,094 CBOE_RES_01 089 Page: Comparable Number Comparable Number Comparable Number CBOE_RES 01C Pag coin co qv o CI) o al la w tt t U.1 0 m 0 Q z WM IL: : I a iiiitag . § IN 1 • I ii ifitm. Pit yam ...... II NM 7-4imprig ir&I; C ONUS iii .. II igsati I II I m ri . nice I�IJ��: � ��1mg w1.12111.-i wei_ iiiii: in ci Mitt • ackPil lag! iisOli OM I ilm• ..Li 1 F Er-- I r i ii .. • - I ig _ OD I S a) wi 03 nu et O O )il � �111.�: ;��E��I i: ■ "ir I II ii 't!..14 LE WM , 61. al IIII 'El 7111 MI . 1;1\ 11111111 i l! MI= 1 111 En aims IN • a 11 I!Iiryr ��C11111�' I� I, 41i�Pbta% IIlr'IJi'11__11111.11_J1RI �L'lllllll I� '=■�;�Il;lli'.'■ II' . II 113M ea 0 co N CC ©f) Co \§ §}k(§2 8 "'''4900 ''`'2882‘)23282228 49 ) R 4 [ § ! 0/ Co 0 3 l90 2e, 01 I -C „ I. ,0)§ 8o 8 In • Nr. b ge;e;;E a !§;®3\@ 2 tee as&§§22 »2 \ 6 ;g:§&)g (Sa§;; �o;;;Ce, r3N- 19 -`®Rkkaaa%2a&72;&& e ; . s ; ✓ 00U- #■;'EE;/22;7;227'9222 ; $ e e & i -o 2 ) o a-,oi O, Co 0 a $!-20 !2 !!! `,«a tae} \ ) \ 8 E 7)� !_ kas § §,§/0§- „ 1-2;000000!! ® / ��C • |kC= .,\\\]%��/}/ k§ «!2k| # t Im�9)«�C a. EE :k;=;&&#/;._e#! Ik2/:)/.7]{]ga)§m/k/$la3a)J/ To TO 600Z/90/LO REAL AND PERSONAL PROPERTY NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Ave GREELEY, CO 80631 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R3185204 2009 0915 N2NW4 15-9-67 EXC UPRR RES (1.5R) SITUS: 51984 19 CR WELD 000000000 51984 19 CR WELD, CO 000000000 PROPERTY OWNER STEVENSON NORLAN L & 51984 CR 19 NUNN, CO 80648 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR VI . REVIEW ACTUAL VALUE AFTER REVIEW ; AG LAND AG RESIDENTIAL 893 257,201 893 257,201 TOTAL $258,094 $258,094 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: AL01 - 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 information. CT t" rT C'' N r 2009-1772 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.gov/baa 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.) $ 7/6' cop 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, original installed cost, appraisal, etc.) I, th ATTESTATION unrsig� owner or agent' of the property identified above, affirm that the statements n any attachments hereto are true and complete. W7 1043 %/�' -07 ignature ' Telephone Number Date Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/08 NOD 11 2481 July 8, 2009 Christopher M. Woodruff, Assessor 1400 N. 17th Avenue Greeley, CO 80631 Reference: Parcel #: 045315200012 Account #: R3185204 Weld County Assessor: We recently received a Notice of Valuation Real Property Statement and we are appealing the proposed tax amount based on surrounding properties which include, market conditions, properties for sale, properties in foreclosure and proposed mining operations and Weld County Road Access. These major area factors that have rendered our property unmarketable, dramatically reduced value and unsellable. The following are examples of the conditions. Prairie Falcon Parkway Express has placed an encumbrance on our title stating their intention to construct a Tollroad on our property. This encumbrance guarantees that we will not be able to sell our property! In addition to the title issues this encumbrance presents, a Tollroad will bring increased traffic, noise, pollution and bright lights. Additionally, it will make it difficult for emergency vehicles and school busses to access homes on either side of the Tollroad because of the proposed design. It also makes it extremely difficult to commute to work in cities on the South side of the Tollroad. Powertech Uranium Corporation has notified us that they have purchased the mineral rights under our land and that our land has been designated as a mine site for in -situ mining. Powertech is anticipating that the mining process will take up to 15 years plus another 5 years for reclamation of the land. This situ mining does not add to the value of the land. Hundreds to thousands of holes and wells will dot the site with white surface caps much like a checker board. This project will bring increased truck traffic, dust, pollution, bright lights, noise from drilling and pumps, water table depletion, aquifer contamination, and health concerns from direct exposure to radioactive materials. No Realtor or willing buyer will look at or consider living near a uranium mining operation knowing the health consequences and disclosure of this information. Last point, Weld County has not invested, contacted or investigated any proposed road to our house off of CR106 & CR19. Currently it is nothing but dirt. When it rains (any moisture) the road is solid mud and only assessable (possibly) by a 4 wheel drive vehicle. For the past thee years there have been multiple occasions I could not get to our residence. I have asked your road department just to grade the road to make it level again and every time I have been told it CANNOT be done due to rules that it's not a county road. My neighbors and I pay for the effort to maintain the road for minimal access. And please add the recent increased large truck traffic, such as drilling rigs and water trucks to Page 2 the unimproved road use. Powertech has not spent one penny on road 106 maintenance. The home owners on 106 between 17 and 19 keep up with this task. Current examples of surrounding properties. All of these have been affected by the proposed mining to Weld County and the State of Colorado via PowerTech Uranium. R 4276406 52485 CR 21 sold this year for 250,000 5/23/08 owner is upset that uranium was mining was not disclosed. As a neighbor I told them. R3524205 Powertech USA. Sold 340,000 6/13/07 no one has lived in the house or on the property since it was sold. Property is currently being used for mining purposes. This is a real selling point for value of my property. House is directly east on my property. Other surrounding properties in the section (15) are valued at less than 99.00 a square foot. Our proposed value of our property —maybe 210,000 which is @ 99.00 a sq/ft. It is a shame that we have invested in the property four years ago and over these past four years all of these negative impacts have rendered this property in an un-saleable situation. Sincerely, CLERK TO THE BOARD f& IR, /j l INE (970) 356-4000 EXT 4226 / I g 61 24aC�/ FAX: (970) 352-0242 �� VEBSITE: www.co.weld.co.us i 1 / , - ..ut4Lac d tu.W 915 10TH STREET WilliP.O. BOX 758 O AL � 1 Lein,). �EELEY, COLORADO 80632 COLORADO' 976- 8°1 °LIg'" �� (245_ -ca Hy3 July 20, 2009) psiz t' 1I STEVENSON NORLAN L, 0/ �x AP)1 4 -it .Sil-11S 51984 CR 19 ur "1h�s '''� NUNN, CO 80648 V - Parcel No.: 045315200012 Account No.: R3185204 Dear Petitioner(s): Jp .. The Weld County Board of Equalization has set a date of July)( 2009, at or about the hour of tco AM 3:00 PM, 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, 2009, and mailed to you on or before August 12, 2009. 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. STEVENSON NORLAN L & - R3185204 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 4-/ LC Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor 7/30/09 - Weld County Board of Equalization meeting of tax values Parcel # 045315200012 Acct # R3185204 Norlan & Niki Stevenson 51984 CR 19, Nunn, Co. 80648 Discussion points: 1. Previous taxes $245,000 proposed new $258,094 a. resulting in $13,094 increase for 2009 2. Area sales for tax review 2 properties a. Powertech Parcel#: 045315100017 6/13/2007 $340,000 i. House has not been lived in since purchase, land used for mining activities, pipes in yard, trenches, drill rigs, storage, huge identity signs, no maintenance, etc. b. Clyde Brown Parcel#: 045310400012 5/23/2008 $250,000 i. Bank repossessed last year previous owner left, new owners and family living in residence. This family was not informed of the uranium mining activities until after closing on the property. 3. Vacant land sales by Powertech at high prices to acquire surface for mining activities a. Parcel#: 045315400020 5/10/2007 $250,000 b. Parcel#: 045309400014 3/30/2007 $275,000 c. Parcel#: 045309400015 6/6/2007 $275,000 4. Current properties "for sale" within two miles of home a. Parcel#: 045310400014 Anne Cassone since 05 b. Parcel#: 045315100023 Shen Gruber since 07 c. Parcel#: 045309300012 R. Collgate since 08 d. Parcel#: 045317100016 FBR Properties since 08 bank repo e. Parcel#: 045320100026 DANIAK MARIAN since 06 5. My Current Residence a. Purchase price of home from Wardcraft (Builder) $195,000 ($93.65 per sq ft) b. Moved to location to retire and raise grandkids c. County Road 106 & 19 are not improved roads. I have offered the county, cash, check, or assistance just to grade the road once a year and have been told this is not possible due to county regulations. Access to residence has been impossible many times in the last three years. I and my two neighbors have spent lots on money to try and keep it accessible in the rain and winter storms — the lack of access does not suggest increased value of property. d. Received Certificate of occupancy 12/06 i. Last years taxes were based on property that was not completed until December 06 e. Current suggested value - square footage of house 2082 x $100.00 sq ft = $208,200 plus land $867 = $209,067 valuation 6. Surrounded by Powertech uranium corp. a. Heavy truck traffic, drill rigs, tankers, etc. on our privately maintained road. b. No way for possible sale of this property for us to leave area due to "stop uranium mining" signs/mining activity. Frightens ANY potential buyer. This is demonstrated by only 1 sale to someone other than mining company in the last 2 years. c. Powertech currently owns land due south, due east, and the half -section to the north west of our property fragmenting the possibility of a neighborhood with mining properties. d. By following the obligation of full disclosure, the only potential buyer would be Powertech. Thank you for your time and letting me explain the unique market conditions in our area of Northern Weld County. EXHIBIT 54-evni sun wets county, cotoraao Page 1 of 3 /ftil hIP1 6.10: 2I 1 W etd County. Colorau c Powtv-9tcKllF 6a-lt$ Jx_vt iD.7 .JLt,ri c. t08 // Fov-6t-/e-/,/ 'WM/A 22 ©, _ CR 106 23 ON http://maps2.merrick.com/MerrickIMS/ims?ServiceName=weldovr&Form=TruatEncode... 7/29/2009 NO TRESPASSING TN 5 IS PSIVATI P2OPERTT POWERTECH (USA) INC. for Access toll 103.740.753!1 iltt4trycIfwIWhntottWarTr! GIIMINAL TRESPASSING Sienna of the Liar 2009/07/25 2009/07/25 Hello