HomeMy WebLinkAbout20073222.tiff RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - WINDSOR
RESERVOIR AND CANAL COMPANY
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 15th day of October, 2007, at which meeting
there were present the following members: Chair David E. Long, and Commissioners William H.
Jerke, William F. Garcia, Robert D. Masden, and Douglas Rademacher, 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 Windsor Reservoir and Canal Company, 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 ABATEMENT TAX
VALUATION OR REFUND YEAR
$176,800.00 $3,661.86 2006
_ 2007-3222
� AS0066
TAX ABATEMENT PETITION - WINDSOR RESERVOIR AND CANAL COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of October, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: /"fr i iso (` 1
avid E. Long, Chair
Weld County Clerk to the
/Oft
�.►, >� Willia/ J Pro-Tem
BY: 4 Lf l t•' ...ai• / is
De y Cler o the Boarcrj (�`J
William F. Garcia
ED AS OA).I1�
Robert D. asden 11
ttorney &A SRS,
Douglas Rademach r
Date of signature: 151O-1
2007-3222
AS0066
DIV SOF PROPERTY TA X
AIT
PETITION FOR ABATEMENT OqR Rtfrali 0felAS, 9.
County'. Weld LQ07/�otls%ids e lv
e o wile'Date stamp) �yL
Section I: Petitioner,please complete Section I only.
Date: 8.23/2007
Month Day Year AUG 23 2007
Petitioner's Name: Windsor Reservoir and Canal Company
WELD C0uN i Y
Petitioner's Mailing Address: 106 Elm Avenue GREELEY. COLORADO
Eaton CO 80615
City or Town State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
07093I3 19009 Sec Ilxhibil A for lull legal
Petitioner states that the taxes assessed against the above property for the properly tax year 2006 are
incorrect for the following reasons: (Briefly describe the circumstances surrounding the into ect val or tax. 2
Attach additional sheets if necessary.) , i
•
Centennial hank or die West terminated I heir lease ur 12r1'the property July?1x)5. In NEI&the Lorimer and Weld
II Ligation C Company'owned and occupied the entire building until 7!19/(16,when the property Ads transferred to t he Windsor
Reservoir and Canal Company-and has been so occupied sin
I Is,/
Petitioners estimate of value: �/
Value Year
Petitioner requests an abatement or refund of the appropriate taxes.
I declare,under penalty of perjury in the second degree,Thal 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
r;Dent,and lete.
. o�.6�XeTt Daytime Phone Number 147 ) 4f5�1-3377
mloneraSignature
By Pites. LwIC 'a WRCC Daytime Phone Number I
SelledMitIPISM
'Letter of agency must be attached when petition is submitted by an agent.
If the board of county commissioners,pursuant to section 39-19-114(11,or the property tax administrator.pursuant Io 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 In the
provisions of section 39.2.125 wienin thirty days of the entry of any such decision,5 39.10.1145(1).C R.S.
Section It: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year 20x)6
Actual Assessed e Tax/�
original !7'✓,up uo 67 72_ 3;bpf $(t,
cormpted Abate/Rerun!) D/74 Sin 5/ .a7/.t EX6�n ppr
Abate/Rerun G aOlr:
ssessor recommends approval as outlined above.
No protest was filed for the year: (If a protest was filed,please attach a copy of the NOD.)
❑Assessor recommends denial for the following reason(s):
Ufline
15-OPT-AR No.92066/06
2007-3222
i • - Irh1i - ,n t
•
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
• (Section III or Section IV must be completed)
Every petition for abatement or refund Ned 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 dale of fling such petition.§39-1.113n 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:
Tax Year
Actual Assessed Tao
Original
Corrected
Abate/Refund
Note:The Iolal tax amount does not include accrued interest,penalties.and lees assooated with late and/or delinquent tax payments,if
applicable Please contact the county treasurer for full payment Information.
Petitioners Signature Bate
Assessors or Deputy Assessors 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 duly and lawfully
called regular meeting held on / / at which meeting there were present the following members:
Month Day Year
with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor
of said County and Assessor (being present--not present)and
Name
petitioner (being present--not present),and WHEREAS,The said
Name
County Commissioners have carefully considered the within petition,and are fully advised in relation thereto,
NOW BE IT RESOLVED,That the Board(agrees—does not agree)with the recommendation of the assessor
and the petition be(approved--approved in part--denied)with an abatemenbrefund as follows:
Year Assessed Value Taxes Abete/Refund
Chairperson of the Board of Bounty Commissioners'Signature
County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the
record of the proceedings of the Board of County Commissioners.
IN WITNESS 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$1,000 per schedule,per year.must be submitted in duplicate to the Property Tax Administrator for review.
Section V: Action of the Property Tax Administrator
(For all abatements greater than 51.0001
The action of the Board of County Commissioners,relative to the within petition,is hereby ll
❑Approved❑Approved in part$ l�Denied for the following reason(s):527C Gi_I la_:N ec,
� /T3
V aecr arya Signs pd Date
Tax ni alor' ature Date
ISDPT-AR N0 20-66/06
4woF'co Colorado Department of Local Affairs
ye Susan E. Kirkpatrick
Executive Director
1876 * DIVISION OF PROPERTY TAXATION
loAnn Groff
Bill Ritter,Jr. Property Tax Administrator
Governor
January 31, 2008
Barry Anderson, President
Windsor Reservoir and Canal Company
106 Elm Avenue
Eaton, Colorado 80615
RE: Abatement Petition for Property Tax Year 2006
Weld County Parcel Number 070931319009
DPT File Number 62-07-040
Dear Mr. Anderson:
I am writing in regard to the abatement petition submitted to the Division of Property
Taxation for Windsor Reservoir and Canal Company. Please be advised that I have denied
your request for an abatement for property tax year 2006. Irrigation districts are not exempt
from taxation pursuant to § 37-41-101, C.R.S. The real property owned by Windsor
Reservoir and Canal Company is not considered a municipal corporation; therefore, it is not
exempt. The property located at 106 Elm Street in Eaton, Colorado is not part of the ditches,
canals and flumes owned by the company which would be considered exempt under
§ 39-3-104, C.R.S., and as such, is assessed by the Weld County Assessor.
You have the right to appeal my decision. Appeals must be submitted to the Board of
Assessment Appeals (BAA) within thirty(30) days of the date of this decision. You may
contact the BAA for the necessary forms and instructions at:
Board of Assessment Appeals
Department of Local Affairs
1313 Sherman Street, #315
Denver, Colorado 80203
(303) 866-5880
www.dola.colorado.gmthaa.
If you have any questions, please contact Renee Bridges at 303-866-2130.
Sf ere yours,!,
J nn Grgft
JAG:rmb /
CC: Weld County Assessor
Weld County Treasurer
1313 Sherman, Room 419, Denver, CO 80203, (303) 866-2371
;UV
wwwdola.colorado.gov/dpt/ FAX (303) 866-4000 ����
EXHIBIT A
Legal Description:
ETN 14214 E40' OF 515' L14 BLK32 & E 40' OF L15-16 & 17 EXC UND INT OIL
GAS & OTHER MINERALS SITUS: 100 ELM AV EATON 80615 SITUS: 104 ELM
AV EATON 806150000 SITUS: 106 ELM AV EATON 806150000 SITUS: 108 ELM
AV EATON 806150000
Parcel: 070931319009
Situs Add: 100 Elm Av Eaton
IRRIGATION OFFICE
106 ELM AVENUE P.O. BOX 206 TELEPHONE 454-3377
EATON, COLORADO 80616
Larimer&Weld Irrigation Co. Lucas Lateral Ditch Co.
Larimer&Weld Reservoir Co. Town Boyd Lateral Co.
WRCC, Inc. For Far Lateral Co.
Owl Creek Supply &Irrigation Co. Gale Lateral Co.
Cache La Poudre Water Users Ass'n. West Irrigation Co.
Divide Canal & Reservoir Co. Decker Lateral Co.
Graham Lateral Co.
Weld County Assessor
Attn: Stan Jantz
1400 N. 17th
Greeley, CO 80631
Re: Abatement Request
Dear Stan:
Herewith is a refiling of the abatement request for WRCC. Please let us know if
you need anything further.
Thank you for your kind effort.
Very truly yours,
MAYO SOMMERMEYER,
GENERAL COU SEL FOR WRCC
ayoSo • .ier .- 'er
MS/kdn
xc: Donn Engel, WRCC
triECEWED
AUG 2 3 2007
v _U COUNTY ASSESSOR
R`E!..EY COLORADO
I IIIIt111111111111111111111111111111111111111II11111111
3197265 07/09/2004 11:27R Weld County, CO
1% 1 of 1 R 6.00 0 17.50 Steve WARRANTY NT Moreno Clerk
f Recorder
c�e DEED
THIS DEED, Made this 30th day of June, 2004 between
Centennial Bank of the West, a banking corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantor, and Larimer and Weld Irrigation Company, a Colorado corporation
a corporation duly organized and existing under and by virtue" of the lawsof the
of COLORADO, grantee, whose legal address is p40. gox ;O(0, Ea ion, lfl.OO W//✓
WITNESSETH, That the grantor, for and in consideration of the sum of ONE HUNDRED
SEVENTY FIVE THOUSAND AND 00/100, ($175,000.00) Dollars, the receipt and sufficiency
of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm, unto the grantee, its
successors and assigns forever, all the real property together with improvements, if
any, situate,lying and being in the County of Weld and State of Colorado, described
r 9 as follows:
That part of Lots 14, 15, 16 and 17, Block 32, Town of Eaton, County of Weld, State of
11'� Colorado, described as follows: Beginning at a point on the Southeast corner of said
Block 32; Thence North 90 feet along the Eastern boundary of said Block 32, to a
point; Thence due West 40 feet to a point; Thence due South 90 feet to a point on the
South boundary line of said Block 32; Thence East 40 feet along the Southern Boundary
of said Block 32 to the Point of Beginning.
also known by street and number as 106 Elm Avenue, Eaton, Colorado 80615
TOGETHER, with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
TO RAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, its successors and assigns forever. And the grantor,
for itself, its successors and assigns, does covenant, grant, bargain, and agree to
and with the grantee, its successors and assigns, that at the time of the ensealing
and delivery of these presents, it is well seized of the premises above conveyed, has
good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments,
incumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2004 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, its successors and assigns,
against all and every person or persons lawfully claiming or to claim the whole or any
part thereof.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto
subscribed by its president, and its corporate seal to be hereunto
affixed, the day and year first above written.
Centennial Bank of the West, a banking
corporation
BY
Wi liam R F r, resident
STATE OF COLORADO
} ss. The foregoing instrument was acknowledged before
County of weld ) me this 30th day of June, 2004, by
William R. Farr as President of Centennial Bank of the West, a
banking corporation
My commission expires 1/—(4
Witness my hand and official seal.
et On
NOTARY PUBLIC
Sp .( 94 1295 Main St.
No. 767 Rev. 6- O •"'• Windsor, COLORADO 80550
I WANDAL. 1
CALHQON I
TNG
N��rfUFCO��P �'7
006 SPECIAL WARRANTY DEED
THIS DEED, made this 1° day of "1":1y , 2006, between Larimer & Weld
Irrigation Company, a Colorado nonprofit corporation,of the County of Weld and State of Colorado,
grantors, and Windsor Reservoir&Canal Company, a Colorado nonprofit corporation. whose legal
address is 106 Elm Avenue, Eaton,Colorado 80615, of the County of Weld and State of Colorado,
grantee.
WITNESS,that the grantor, for and in consideration of the sum of one hundred seventy-five
thousand and no/100 DOLLARS ($175,000.00), the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm unto the grantee, its heirs and assigns forever, all the real
property, together with improvements, if any, situate, lying and being in the County of Weld and
State of Colorado,described as follows:
That part of Lots 14. 15, 16 and 17, Block 32, Town of Eaton, County of Weld, State of Colorado,
described as follows:Beginning at a point on the Southeast corner of said Block 32;thence north 90
feet along the Eastern boundary of said Block 32, to a point; thence due West 40 feet to a point;
thence due south 90 feet to a point on the South boundary line of said Block 32;thence East 40 feet
along the Southern boundary of said Block 32 to the Point of Beginning.
HUM 11111�����1111111���111111111111���11111111IIII
34850006 07/21/2006 03:51P Weld County,CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder
also known by street and number as: 106 Elm Avenue,Eaton,Colorado 80615
assessor's schedule or parcel number.
TOGETHER with all singular the hereditaments and appurtenances thereunto belonging, or
in anywise appertaining,the reversion and reversions, remainder and remainders, rents, issues and
profits thereof,and all the estate, right,title, interest, claim and demand whatsoever of the grantor,
either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, its heirs and assigns forever. The grantor for itself, its heirs,
personal representatives,successors and assigns,does covenant and agree that it shall WARRANT
AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of
the grantee,its heirs and assigns,against all and every person or persons claiming the whole or any
part thereof,by,through or under the grantor.
GO IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
F „
• NLARIMER&WELD IRRIGATION COMPANY
E
Oz Anderson,- ;Ba Anders President
0L
O 0 O
Loom U Attest
• ° 0t
W a � P
Donn Engel,Seer ry
a
STATE OF COLORADO
)ss.
County of Weld
k
The foregoing instrument was acknowledged before me this le day of �I"- 7 , 2006 by
Barry Anderson,President of Larimer&Weld Irrigation Company.
TIMOTHY J.DOW Witness my hand and official seal.
NOTARY PUBLIC My commission expires: 095/0!v
STATE OF COLORADO ,
Notary Public
No. 16.Rev.4-94.SPECIAL WARRANTY DEED
WELD COUNTY ASSESSOR
Account#: R0954786 PROPERTY PROFILE Parcel#: 070931319009
MH Seq#: MH Space:
Appr Year: 2006 Levy: 71.423 #of Bldgs: 1 Active On: 9/21/2006
Tax Dist: 0230 Map#: LEA: EATN10 InactiveOn:
Assign To: SGJ Initials: SGJ Acct Type: Commercial Last Updated: 9/21/2006
New Growth: 0
Owner's Name and Address: Property Address:
WINDSOR RESERVOIR & CANAL CO i Street: 100 ELM AV
City: EATON
106 ELM AVE
EATON CO 80615
Business/Complex: CENTENNIAL BANK/ LARIMER &WELD IRRIGATION CO.
Sales Summary
rSale Date Sale Price Deed T e Reception # Book Page# Grantor
7/21/2006 $175,000 SWD 3405006 LARIMER &WELD IRRIGATION COMPA
6/30/2004 $175,000 WD 3197265 CENTENNIAL BANK OF THE WEST
12/29/1994 $80,000 02421080 1473 RUFF DOROTHY E &
12/20/1985 $40,000 X0002974 KEY SAVINGS & LOAN
Legal Description
ETN 14214 E40'OF S15'L14 BLK32& E40'OF L15-16& 17 EXC UND INT OIL GAS&OTHER MINERALS SITUS: 100 ELM AV EATON 80615
SITUS: 104 ELM AV EATON 806150000 SITUS: 106 ELM AV EATON 806150000 SITUS: 108 ELM AV EATON 806150000
Land Valuation Summary_
Abst Unit of Number Value Assmt *Assessed
Land Type Ag Code Code Measure Of Units Per Unit Actual Value Percent Value
Commercial 2120 Square Feet 3600 $3.00 $10,800.00 0.29 $3,132.00
Land Subtotal: 3600 $10,800.00 $3,132.00
Buildings Valuation Summary
Abst Assmt *Assessed
Bldg # Property Type Code Occupancy Actual Value Percent Value
1 Commercial 2220 344 - Office Building $166,000 0.29 $48,140
Improvements Subtotal: $166,000 $48,140
Total Property Value $176,800 $51,272
*Approximate Assessed Value
Tuesday, September 04, 2007 Page 1 of 2
•
WELD COUNTY ASSESSOR
Account#: R0954786 PROPERTY PROFILE Parcel #: 070931319009
MH Seq#: MH Space:
Building #: 1 Condo SF Condo % Land: Condo % Bldg: Unit Type: Landscaping $:
Property Type: Commercial 0 1 $0.00
Quality: Average Nbhd: 9913 Occupancy: Office Building
Condition: Typical Nbhd Ext: 00
Perimeter: 257 Nbhd Adj: 1
Percent Comp: 100.00%
Individual_ __Built A_s_Det_ail
Built As: Office Building Year Built: 1908
Construction Type: C Year Remodeled: 1996
HVAC: Package Unit % Remodeled: 0.7 I
Interior Finish: Adj Year Blt: 1970
Roof Cover: Effective Age: 34
Built As SF: 3536 Mh Make:
#of Baths: Tag Length/Width: X
#of Bdrms: Tag Length/Width: X
#of Stories: 1 Mh Skirting LF:
Story Height: 12 MH Skirting Type:
Sprinkler SF: Diameter:
Capacity: Height:
Building Details
Bldg #: 1 Units Units Price RCN Actual
Value
''':
RECORDS VAULT 1 $0.00 $0.00 $0.00
:„ 3 , rid" Basement 4,
. m " •
Storage 500 $24.59 $12,292.81 $12,292.81
Value Details
RCN Cost/SF: $85.04 Design Adj °/0: 0 Func Obs °/0: 0
Total RCN: $312,994.00 Exterior Adj %: 0 Econ Obs °/0: 0
Phys Depr%: 0.43 Interior Adj %: 0 Other Obs °A): 0
Phys Depr$: 134587 Amateur Adj °/0: 0
RCNLD $: $178,407.00 RCNLD Cost/S $50.45 Market/SF: $0.00
Tuesday, September 04, 2007 Page 2 of 2
Account Notes Account#: R0954786
Entry Date Office Note Bldg Category
1/1/1989 A 1993: CHANGED MAILING ADDRESS PER OWNER. TLF AGEN
1/1/1989 A CORRECTED ASSESSMENT 00470 AGEN
1/1/1989 A 1995 CORRECTED YR BLT. DWS/KRD 001 MRKT
10/7/1996 A CHANGED ADDRESS PER LETTER OF REQUEST FROM WILLIAM R FARR& ADM
APPROVAL FROM TOWN OF EATON. SHH(LETTER DATED 2/14/95)
3/25/1998 A 1998 FARMERS BANK REMODELED 1040 SF FOR 1996 ADDED INTERIOR FOR 1998. APPR
3/29/2005 A 2005-CORRECTED MAILING ADDRESS TO REMOVE PUNCTUATION. DJK ADM
Tuesday, September 04, 2007 Page 1
Sketches\Photos for Acct# R0954786
•
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Office
E' R 25.0 First Floor3536.2 S.F.
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CLERK TO THE BOARD
re
PHONE (970) 3AX: (95, ) XT.352 4225
FAX: (970) 352-0242
P.O. BOX 758
GREELEY, COLORADO 80632
�i
COLORADO
September 18, 2007
Windsor Reservoir and Canal Company
106 Elm Avenue
Eaton, CO 80615
RE: SCHEDULE NUMBER R0954786
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: ETN 14214 E40' of S15' L14, BLK 32
and E40' of L15-16 and 17. The meeting is scheduled for October 15, 2007, 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,
4
Esther E. Gesick
Deputy Clerk to the Board
cc: Assessor
Hello