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Home My WebLink About20062211.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - LYLE GILLETT 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 14th day of August, 2006, at which meeting there were present the following members: Chair M. J. Geile, and Commissioners William H. Jerke, David E. Long, Robert D. Masden, and Glenn Vaad, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, and said Assessor, Stan Sessions, being represented by Mike Sampson, and taxpayer Lyle Gillett, 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 does not concur 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 $28,756.00 $2,925.29 2005 S- c E 2006-2211 (. : PLfi AS0063 O'-"-Ob TAX ABATEMENT PETITION - LYLE GILLETT PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D., 2006. BOARD O COUNTY COMMISSIONERS �,!► 4 ELD CC'IUNTY, COLORADO ATTEST: 104 , (AYE) eile, Chair Weld County Clerk to the a— �1 (AYE) David E. Long, Pro- e BY: i't Dep Clerk the Board i�/„�c (AYE) Willi H. Jerke PP VEDAS TO F )'V toy (AYE) Rot'ert . Masde y o ey Sti (NAY) Glenn Vaad Date of signature: Zyl 2006-2211 AS0063 • • ' - (FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY) RESOLUTION OF COUNTY COMMISSIONERS Resolution No. Section I: In accordance with 39-1-113(1.5),C.R.S.,the commissioners of County authorize the assessor 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. The assessor and petitioner mutually agree to an assessed value and tax abatement/refund of: Tax Year Value Tax • - - - Original Corrected Abate/Refund . PLEASE 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 YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION. Petitioners Signature Date Assessor's or Deputy Assessors Signature Date • . If Section I is not complete and/or if petition is for more than$1,000,Section II must be completed. Submit an original petition and a copy to the-Division of Property Taxation. Section II: Assessor's recommendation: -- fit.i" Y..-L- V`iC ...r„�_ C't//(/ccc -cc Approved'or Appr,ved impart$ N tled f wino`s (Ifaprotestw Iled,please attach pspyp( �) erred o he following/5- .sI te /�G a J� .) , —Q(.(4(A� t „Cr-Art-CS_E✓ X i S Tiitl e� ---Mg 3'i1/ NDTf a( IS . Assessor's or s Signstur �/ V�� , Section III: WHEREAS, The Countloommissloners of County,State of Colorado,at a duly: and lawfully called regular meeting held on / / ,at which meeting there were present the following mo day yr members:. 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 presenUnot 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/denied)and an abatement/refund be(approved/denied)for property tax year . The taxes to be abated or refunded are$ • which represents an assessed value of • Chairperson of the Board of County 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 at ,this day of , Time Date Month Year • • County Clerk's or Deputy County Clerk's.slgnature • . ACTION OF THE PROPERTY TAX ADMINISTRATOR- Denver,Denver,Colorado I-707_ a Month Day Year The actlo .f the Board of County Commissioners,relative to the within petition,is hereby +roved- Approved in part$ , Denied for the following reasorl(g): • • Se ry's Signe r "11 Property Ta dminlstrators Signatur OAUSROABATEWO 1.]000- August 2, 2006 Weld County Assessor Clerk To The Board P.O. Box 758 Greeley CO. 80632 RE: Schedule Number R3725405 Board: I hope you will accept this reasonable explanation of the facts and grant my petition for abatement or refund of taxes on my property described as: DAC GDBPRB L7, Grand Divide Business Park, RPLT B. • In 2004 the Grand Divide Business Park was replated and I purchased a(2)acre parcel. • April 2005 I paid the 2004 taxes in the amount of$9.92; property classification was vacant land—Ag land. • Later in 2005 the developer discovered he had not dedicated enough land to satisfy the easement requirements for county road 12 and therefore had to do another replat to widen my property boundaries, in order to give me my full 2 acres. This was recorded on 5/31/05. There were no improvements or buildings added to this(2) acre parcel. • In 2005 I did not receive a notice of valuation, nor in 2006 did I receive a tax bill for my 2005 taxes. I called the Assessors office and received a"corrected notice" for my tax bill in the amount of$2930.06 • I'm sure this had to be a clerical error. I then remember getting a phone call earlier during the summer of 2005, from someone at the Assessors office wanting to know how much I paid for this property and what I thought the zoning was. I thought this was strange that someone from the county was asking me what the zoning should be since the county has all the records and should know exactly what the zoning is, however I tried to work with them,they were obliviously rebuilding the file for this property. In retrospect I believe they used my comments regarding my plans for speculation to rebuild an actual data base. I purchased this property with the knowledge that it was zoned agriculture and that later I may put a business on it or sell it to someone else for commercial purposes at which time the zoning would be changed. • The remaining vacant lots in the Grand Divide Business Park are zoned agriculture. CC . P Q_ • In conclusion I believe with all the replating going on in the Grand Divide Business Park someone either confused my lot(L7) with another lot or lost the information and attempted to rebuild this data with an informal phone call. • I contacted the farmer, Henery Johnston who has been farming the entire Grand Divide Business Park long before I bought my parcel, he continues to farm it; I had no objection, therefore I had no formal agreement with him. I will include a copy of his signed statement that my (2) acre parcel is part of the acreage that he farms. His phone number is on the letter and is quite willing to confirm this farming operation. Thank you for your consideration. V inc ,fi , c. Lyle K. Gillett P.O. Box 621456 Littleton CO 80162 303-973-2946 • :..7-0.. .. riO,A . .. é . _ res/ 'cr,21. -- � ......117-41.e.._fee-ex/ .. e- 4` _ ize-. Cl. LJr`O;c1 . ZeZ 7 1(.4 ;,- xear....s-e, a1- �- . .Ch i .4.-fs6 ._ . , pi),-;;),-14-7/:y re:p /6,,aS beef() aAffrder- _. C' .. .. _ �- acre. _ b �.pre n, / /&e. ..a . .Crap, zt ' ;__ _ ,c1/9/4-.62c2/, 5-e) _9ea/d ciepex)cie,cd- (55',4) _ . ..... . alelrzal k//,,..... ... ... ... pciv.,11/6 h,g5 .n . �.,. moo. prisph-A ,.... t<‘./k ►� 1f ,�, 7 !4 r. 6. _AecE . Da ecitoi Co 22S?. Dear Sir; I received your fax last week regarding the use of your land as agricultural in the Grate Divide Business Park. Unfortunately the letter has no backup information as required by statute and as such I am going to deny the abatement at this point in time. If in the future you are able to provide us with additional information then we will reconsider your request at that time. The process allows for you to present your points of view in a hearing with the Weld County Commissioners and you will be notified as to when that will occur sometime in the next several weeks. Even if the board decides not to grant you the abatement, as you have requested, you have additional avenues to further appeal the valuation with boards of higher authority at the state levels. I have enclosed a copy of the statutes for you to review, these show what the rules require of us, for further consideration, in your request to have your 2 acres revalued as agricultural, from commercial. As I discussed with you on the phone a couple weeks back, it is beyond my control to grant you the change in status without required documents which would backup the letter that have already submitted. I am sorry for the inconvenience this may produce but again, it is beyond my control, and we feel it is imperative that the playing field be equal for all those claiming their land is agricultural, that is what the statutes were designed to do. Sincerely: Michael Sampson �/�2 eo JUN-30-2006 FRI 11 :53 AM SO WELD CO ASSESSOR FAX NO. 7206524256 P. 02 T 7O aate �i/Y'v/ -J /r2� 7 �9r" 7' / Prs,- 7- � pt. Ccr& ?Lb zd/ro t te, 2,3 ri %,iicd,.s0 9ea./� �o ; aoait , CAL__ ra)//e// aze) ,&/. • 1#xa Ocr1co" Hc15074, 46 /ice orF1 r�`� 77ti por e. 0(.,c7/ 1UQificifee ; Vii- f��' .f�' .Z�-�..,_�-moo_��^ •- I.Agert j L1540 Ai Da CA Klo, Co _ . -303 - 3.33 - _2.2 SS ,'' - -- Legal description: Dear Property Owner: This letter is to notify you of a possible increase in the assessed valuation on your land. Your parcel of land may be reclassified as a tract unless you can substantiate its agricultural use and submit that substantiation to this office. Colorado law requires agricultural assessment only for land being used for the primary purpose of obtaining a monetary profit from farming or ranching (See attached definitions). Subdivided land, idle land, and land used primarily for pleasure animals or recreation generally does not qualify for agricultural assessment. In order to meet state requirements, we must have substantiation of agricultural use. To assure that the land is currently used in an agricultural endeavor, and has been for the previous two years, additional information supporting the use may be attached to this letter and submitted to our office. The following information may be considered in determining the cultent agricultural use and will be treated as confidential information. * Copy of lease agreement or a receipt of lease payment * Form 1040 and 1040F or equivalent form from IRS return • * Sales invoices of agricultural products or livestock *Account balance sheets * Brand inspection certificates * Profit and loss or financial statements Information for the years of and must be provided by We are notifying you of the possible reevaluation so that you will know of the state requirements and of our objective to value all agricultural and tract land equitably and fairly. Whether the land is reclassified or not will have no effect on zoning for the land. If you have any questions or need further information,please contact Phyllis Newby at 353-3845 Ext. 3690 Sincerely, STANLEY F SESSIONS Weld County Assessor SFS/pan 5.93 ADDENDUM V-C, AGRICULTURAL LAND CLASSIFICATION QUESTIONNAIRE Dear Respondent, Please read the definitions prior to the completion of the form. The assessors office is implementing a confirmation program which is designed to correctly classify all agricultural property in the county. The program will gather pertinent information through physical inspections, agricultural committees, county extension agents, agricultural industry representatives, and responses to questionnaires. To ensure that your property is correctly classified please provide the following information. Agricultural land in Colorado is valued by the income approach based on the eaming capability of the land (See definitions on the reverse side).1 If your land is no longer used agriculturally it will be valued based on the applicable approaches to value which will reflect a current market value. In order to make an informed decision on the proper classification all information will be analyzed. The classification of your property will not be based solely on the information you supply on this questionnaire. All responses will be treated as confidential information. Parcel number- Legal description: Total Acres: Physical location (address): 1. What percentage of the property is used as a: Ranch: Farm: Other(explain): 2. If the land is being used as a farm what crops are being cultivated? A) Number of acres planted. B) Number of acres harvested. .3. If the land is being used as a ranch, what livestock are being grazed? A) Do the livestock belong to the land owner? B) If not, who owns the livestock? C) What is the number of livestock grazed, and for what period of time? 4. If your land is used by another party in an agricultural endeavor, by what arrangements or conditions is the land being used? To assure that the land is currently being used in an agricultural endeavor, additional information supporting the use may be attached to this form and submitted to our office. The following information may be considered in determining the current agricultural use. • *Copy of lease agreement or a receipt of lease payment `Account balance sheets *1040F or equivalent form from IRS return *Brand inspection certificates *Sales invoices of agricultural products or livestock *Profit/loss or financial statements I See agricultural land definition on back. Print - Name: Signature: Date: 15-DIVISION-AS PUB ARL 3 1-89 Revised 1-98 a CLERK TO THE BOARD PHONE (970) 336-7215, EXT. 4225 FAX: (970) 352-0242 P.O. BOX 758 EwGREELEY, COLORADO 80632 C. COLORADO July 20, 2006 Lyle Gillett P.O. Box 621456 Littleton, CO 80162 RE: SCHEDULE NUMBER R3725405 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: DAC GDBPRB L7, Grand Divide Business Park, RPLT B. The meeting is scheduled for August 14, 2006, 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 deny 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, W 2A., dd Esther E. Gesick Deputy Clerk to the Board cc: Assessor Hello