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HomeMy WebLinkAbout20062107.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2006, WELD COUNTY, COLORADO - STIPULATE PETITION OF: KIM HONG SUN & SUNG KULL & SUNG SOO 800 31 ST EVANS, CO 80620 DESCRIPTION OF PROPERTY: ACCOUNT#: R3882186 PARCEL#: 096120307001 -EVS 13136-B N1/3 L8&S1/3 L7 NE4SW4 20 5 65 E OF HWY%800 31 ST%800 31 ST EVANS 00000 WHEREAS,the Board of County Commissioners of Weld County, Colorado, convened as the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the assessment and valuation of real and personal property within Weld County, fixed and made by the County Assessor for the year 2006, and WHEREAS, said petition has been heard before the County Assessor and due Notice of Determination thereon has been given to the taxpayer(s), and WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's valuation for the year 2006, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, in lieu of the hearing scheduled before the Board of Equalization a Stipulation was agreed upon by the Assessor and said petitioner(s), and WHEREAS, the petitioner(s) and the Weld County Assessor agree that the assessment level be reduced to allow for 50 percent of the property to be assessed at the residential level, leaving the overall value of the property the same, therefore, the valuation of the Weld County Assessor shall be, and hereby is, stipulated as follows: ACTUAL VALUE AS DETERMINED ACTUAL VALUE BY ASSESSOR AS STIPULATED Land $ 82,688 $ 82,688 Improvements OR Personal Property 667,312 667,312 TOTAL $ 750,000 $ 750,000 WHEREAS, said Stipulation shall resolve all issues to have been determined by the Weld County Board of Equalization. 2006-2107 AS0064 �n '. AS, eik, P&ri gin ors dtt-os RE: BOE - KIM HONG SUN & SUNG KULL & SUNG SOO, R3882186 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Board of Equalization, that the Stipulation agreed to by the Weld County Assessor and the above-named petitioner(s) be, and hereby is, accepted by the Board. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of August, 2006. BOARD OF COUNTY COMMISSIONERS WELD COUNTY ,DORADO ATTEST: Li/ /i�//��.: � �!C✓ 1 86 1 1' M. J. , Chair Weld County Clerk to th=�:o- . ;�"Z�:�M J eilen � ��!f ,�sty7j1 David E. Long, Pro-Tern BY. Deputy Clerk to the Board EXCUSED Willi m H. Jerke APPROVED AS TO FORM: uu�� ;41-W. _ Rob D. a enu Assis t Coun Attorney Glenn Va Date of signature: y/)� 2006-2107 AS0064 2006 COUNTY BOARD OF EQUALIZATION WELD COUNTY ASSESSOR'S ACCOUNT NUMBER R3882186 STIPULATION (As To Tax Year 2006 Actual Value) RE PETITION OF NAME: Kim, Hong Sun & Sunq Kull & Sunq Soo ADDRESS: 800 31ST Street Evans, Co 80631 • x w < x e + Petitioner,Kim, Hong Sun & Sung Kull &Sung Soo and the Weld County Assessor, hereby enter into this Stipulation regarding the tax year 2006 valuation of the subject property, and jointly move that the Board of Equalization to enter its order based on this Stipulation. Petitioner(s) and the Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: Evs N1/3 L8 & S1/3 L7 NE4SW4 20 5 65 (Legal description) 2. The subject property is classified as a Hotel/Motel property. 3. The County Assessor originally assigned the following actual value to the subject property for tax year 2006. Land $ 82.688 Improvements $ 667.312 Total $ 750.000 3. After further review and negotiation, the petitioner(s) and Weld County Assessor agree to the following actual value for the subject property. Land $ 82.688 Improvements $ 667.312 Total $ 750.000 2006-2107 5. The valuations, as established above, shall be binding only with respect to tax year 2006. 6. Brief narrative as to why the reduction was made: Please see attached addendum. 7. Both parties agree that the hearing scheduled before the Weld County Board of Equalization on at be vacated; or, a hearing has not yet been scheduled before the Board of Equalization x (check if appropriate). DATED this 21 day of July, 2006.Nkr—r P/et� Ditioner(s) or Attorn 9 Petitioner(s) or Attorney Address: // Address: 3 p _S. E c ices C! .ri*' 0 f4,4,1 to gm-t)/y• Telephone: 7O3-368"-,S Telephone: C-6-03r W/ '� a1- County ssessor Address: 1400 N.17th Avenue Greeley, CO 80631 (970) 353-3845 ext. 3656 Addendum to stipulation; The attached stipulation involves a reduction in assessed values, and subsequently tax dollars paid, because of a change in the abstract code for a portion of the subject property. This reduction is from a full commercially abstracted property to a split between commercial and residential base upon recent court decisions which allow for a motel/hotel facility to claim a percentage (%) of their property as residential if the people using their rooms are renting them for extended periods of time (30 days or more), instead of night to night. The court case involved in this decision is attached, and the supporting data necessary to determine the correct % of residential is held in the Assessor's records. This supporting data is sales tax receipts for the year 2005. After reviewing the court rulings and accompanying sales tax receipts filed with the State of Colorado, we feel the stipulation is justified and support the change in abstracts to account for the residential as a partial use of the property. The overall value of the property will remain the same, since this is not a protest of value, but is an appeal for a change in abstract codes to account for the residential component. The result becomes that even though the value will not change; the taxes levied against the subject property will be reduced based upon a change in assessment level from 29% to 7.96%, relating to the portion that is now residential. The change that this represents is shown as follows: For the appraisal year 2006 the percentage (%) of the property that should be residential is 49.77%, rounded to 50% NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR AVE. EVS 13136-B N1/3 L8 & S1/3 L7 1400 G ENELEYRTH CO17t 0631 %800 GRE 3845, CO.3650 NE4SW4 20 5 65 E OF HWY 31 ST% PHONE(970)35www.coweldc us !'7 800 31 ST EVANS 00000 www.co.we�d.co.us OWNER: KIM HONG SUN & SUNG KULL & SUNG SOO COLORADO KIM HONG SUN & SUNG KULL & SUNG SOO LOG 607 800 31 ST PARCEL 096120307001 EVANS, CO 80620 ACCOUNT R3882186 YEAR 2006 The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that your property should be included in the following category(ies): Commercial property is valued by considering the cost, market, and income approaches . If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings. The Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest,and has determined the valuation(s)assigned to your property. The reasons for this determination of value are: The assessor' s staff has requested information which is pertinent and critical to proper evaluation of your property' s value . Because we have not received this information, we have no choice but to deny any adjustments . • PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW COMMERCIAL 750000 750000 TOTALS $ $ 750000 $ 750000 APPEAL DEADLINES: REAL PROPERTY—JULY 15,PERSONAL PROPERTY—JULY 20.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. Please see the back of this form for detailed information on filing your appeal. By: Stanley F. Sessions 07/07/2006 WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE PR-207.87/03 YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION The County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August 5 for real property(land and buildings) and personal property(furnishings, machinery, and equipment). § 39-8-104 and § 39- 8-107(2), C.R.S. AWEANPROCEDUREgi If you choose to appeal the Assessor' s decision, mail or deliver one copy of this completed form to the County Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 17 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970)356-4000 Ext. 4225 NO'Ii?fIE'sIIVG You will be notified of the time and place set for the hearing of your appeal. "C': . 's9ss" `.i,' i'15INNO A iLtTfON',SDET RMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determination within five business days of that decision. The County Board must conclude its hearings and render decisions by August 5. NANPAVERINGHTNFORTURTHEIVAPPEALS If you are not satisfied with the County Board of Equalization' s decision you must file within thirty days of the County Board of Equalization' s written decision with ONE of the following: Board of Assessment Appeals (BAA): Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303)866-5880. www.dola.colorado.gov/baa District Court: 9th Avenue and 9th Street, P.O. Box C Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4225 If you do not receive a determination from the County Board of Equalization, you must file an appeal with the Board of Assessment Appeals by September 11. TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. PETITION TO THE COUNTY BOARD OF EQUALIZATION In the space below, please explain why you disagree with the Assessor' s valuation. IN ACCORDANCE WITH § 39-8-106(1.5), C.R.S., IF YOUR APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. i s reQueS A �-frCt :nMo� Goa SS;-Fi cati�n Parf�sf �+ `�-� O-r cf sses�� vxl i-c . Lt- C(c,SS "T eS GS �S' -n 1/4(06 SI URE • • sNE1711411Pri DATE PR-207-87/03 . FROM :AHUGreeley FAX NO. :9703301429 May. 10 2006 03:39PM P3 3090 S.Jamaica Ct.,Suite 204 FAX(303)368-0573 Arrora,Cotorado 40034 CONSULTANT - AGENCY AGREEMENT _a Corporation Property Owner: Kim, Rona Sun& d:Sung Kull Suns Soo —a Partnership X as Individuals County:scisi „_,_a Trust • Pax. Property Address 1)3882186 800 3'.rr St._Evans • • The undersigned hereby appoints and authorizes property Tax Advisors,Inc.as its Agent and Consultant m the preparation and execution of a real estate valuation appeal(s)or behalf ofthe undersigned in regard to the above enumerated property(les)for the asseunient year 2006 and for the prior two years. The undersigned krther authorizes Property Tax Advisors,Inc.,as Agentofdit undersigned to execute and cause to be filed ou behalf tithe undersigned,in the name of the vaderaianod,sultana all documents rotating to an appeal of the subject property's(tos)valundon(s). � This agreement is executed this /O day of }A ! 4^ 20� !!`' p mat.: Ste�4 Kg/ �/ P1 _ title: to 6"-)141e& (if Corporation, your title; (or) 0twte:, Genera)Partner, Td ]tone N6. 331 Z LC D Lessee,Property''tar,Power orAttora y,Trustee,eta.) 617-6rµ 6 3z,5.1, 2„....)--Fax No,: 31V 3 ± . _.. R:r. lr06 c^0/ZB 3Bd NOSIApy ' w A tat»-nt , CBOE Filings County File# PropertyOwner Schedule# PropertyAddress Weld 3038 Kim, Hong Sun&Sung Kull eta R3882186 800 31st St. Wednesday,July 12.2006 Page 1 of 1 EST. NINETEEN HUNDRED &AEEIGHTY 1'TM�SEVEN '`I�'_II Tn K ITISWjNl6� • c)peclal''>my 7 Co/rad Ciommercfa/75 operly7 c Tales! 7/12/2006 Weld County Brd of Equalization 915 10th St. P.O. Box 758 Greeley, CO 80632 Enclosed is a 2006 protest. Please date stamp the attached list of filings and fax or mail back to: Property Tax Advisors, Inc. 3090 S. Jamaica Ct., STE 204 Aurora, CO 80014 Fax: (303)368-0573 Thank you in advance for your attention to this matter. Very truly yours, Fran Fisher Office Manager contact@property.tar.odoisors-com p.303.368.0500 3090 S.Jamaica Court,Suite#204 ti 303.368.0573 Aurora,Colorado 80014 www.p roperry-tax-advisors.corn Hello