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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 • BIdgID: 1 Q:\data\photos1070931319009_001.jpg ' 4E: rm -. 7 • BIdgID: 1 Q:IDATA\SKETCHES1070931319009001-1.jpg Alley Basement 40.o' Storage 500.0 S.F. Office E' R 25.0 First Floor3536.2 S.F. b � 195895F 5 Fffi Q E w Centennial Bank X4.0' 0 3t.5' b F e Canopy 1 Street6195F. Sketch by Fpex IV VNndows"a 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