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Home My WebLink About20062212.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - FIRST NATIONAL BANK OF YUMA, DBA COLORADO COMMUNITY BANK 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 First National Bank of Yuma, dba Colorado Community Bank, 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 $1,236,000.00 $8,336.97 2005 • 2006-2212 AS0063 TAX ABATEMENT PETITION - FIRST NATIONAL BANK OF YUMA, DBA COLORADO COMMUNITY BANK 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. ------;1.--7- BOARD OF COUNTY COMMISSIONERS 1 , ' ` ar !J WELD CO Utf, COLORADO _�A 3 ATTEST: ��' f ' 452 z s J <, , J. e, Chair Weld County Clerk to the , Rai 4 °IC� David E. Long, Pro-Tem BY: it - -h,d , (yci /� De y Cler to the Board N eWill- m H. Jerk� APP AS TO F • Robert D. M sden ✓�X�u it rn y t( R. Glenn Vaad Date of signature: I 21 Iat, 2006-2212 AS0063 yes- q/ 7 WEIOD COUNTY ASSESSOR PETITION FOR ABATEMENT OR REFUND OF TAXES Greeley, Colorado (Must be filed in duplicate and all questions must be answered) Petitioners: Complete this side only. Greeley July 14, 2006 , Colorado, City or Town (Date) To The Honorable Board of Commissioners of Seld County Ladies/Gentlemen: The petition of First National Bank of Yuma, d/b/a Colorado Community Bank whose mailing address is: c/o Layne F. Mann, Attorney, 7475 W. 5th Avenue, Suite 321 • Lakewood Colorado 80226 City or Town State Zip Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL 095904423002 6222 9th Street, Greeley Account #R2393303 Legal: GR2PR, Lot 2, Block 1, Pumpkin Ridge 2nd Filing respectfully requests that the taxes assessed against the above property for the years 2005 are erroneous, illegal,or due to error in valuation for the following reasons: • Describe specifically the circumstances surrounding the incorrect value or tax, including owner's estimate of value. (Attach additional sheets if necessary) The owner purchased the subject land on 6/12/03 for the sum of $320,835. Attached is a copy of the Warranty Deed whereby this purchase occurred. The owner subsequently constructed the subject building and other improvements in 2004 for a total cost of $915,073. Attached is a copy of the final contractor's draw request citing this as the total contracted for construction cost and also citing 100% completion of construction as of 7/25/2004. The combined base year period investment in the subject property by the owner is thus $1,235,908 In response to a protest of the subject's 2006 assessment the County Assessor's Office adjusted that assessment to $1, 236,000. Attached is a copy of the NOD issued which recites this adjustment. We respectfully request the County's consideration for also adjusting the subject's 2005 assessment to $1,236,000. A copy of a letter of authorization from the owner to the undersigned authorizing the undersigned to file this petition on their behalf is attached. 2005 Year Year Value Tax Value Tax Orig. $1, 572,000 $39,005.10 Abate $ 336,000 $ 8,336.97 Bal. $1,236,000 $30,668.13 Therefore the petitioner requests that the taxes may be abated or refunded in the sum of$ 8,336.97 I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been examined by me and to the best of my knowledge, information and belief is true,correct and complete. First National Bank of Yuma 7475 W. 5th Avenue, Suite 321 Petitioner � Address Lakewood, CO 80226 gy �.,�, evVitT/ ( .,.,....7-14-06 303-233-8533 • • Layne . manrp,gent ALLY 1# still Date Daytime phone number Every petition for abatement or refund filed 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 date of filing such petition. §39-I-113(1.7), C.R.S. L.-. ..-- No.920. Rev.11.99. PETITION FOR ABATEMENT OR REFUND OF TAXES[15DPT(66-93)1 Bradford Publishing,1743 Wazee St.,Denver,CO 80202-(303)292-2500—www.bradfordpublishing.com—8-01 2006-2212 (Complete either Section I or Section II) RESOLUTION OF COUNTY COMMISSIONERS 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 Sr refund inter'amount of one thousand dollars or less per tract,parcel,or lot of land or per schedule of personal property. County Commission Resolution# The assessor and petitioner mutually agree to an assessed value of$ for$ total tax for the year(s) and an abatement/refund of$ PLEASE NOTE: The total tax amount does not include accrued interest, penalties, and fees if applicable. Please contact your County Treasurer for full payment information. Petitioner's Signature Date Assessor's Signature Date If Section I is not complete and/or if petition is for more than$1,000,Section II must be completed. Section II:Assessor's recommendation:Jg approved—No protest filed in (year) or (year)); ❑ approved in part$ / ❑ denied for the following reason(s). Note: If a protest was filed please attach copy of NOan donne _,/s Vnl ?�s� Cyan] Ft*yar /scats . By:02 227 /ac/' Assessor Deputy Assessor WHEREAS,The County Commissioners of County,State of Colorado,at a duly and lawfully called regular meeting held on (date), at which meeting there were present the following members: notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and said Assessor and taxpayer (name) (name) being present; and WHEREAS, The said County Commissioners have carefully considered the within application, and are fully advised in relation thereto, NOW BE IT RESOLVED,That the Board with the recommendation of the assessor (concurs or does not concur) and the petition be , and an abatemen/refund on an (approved or denied) (be allowed or not be allowed) assessed valuation of$ for$ total tax for the year(s) Chairman of Board of County Commissioners STATE OF COLORADO, 1 County of ss. I, ,County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the County of , State of Colorado, do hereby certify that the above and foregoing order is truly copied from the records of the proceedings of the Board of County Commissioners for said County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at , this day of County Clerk By Deputy ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver,Colorado, (date) The action of the Board of County Commissioners, relative to the within petition, is here ❑ approved; ❑ approved in part$ ❑denied for the following reason(s). • 14:1 (111/1141r --474-16/1 ,r LAYNE F. MANN ATTORNEY AT LAW 7475 WEST FIFTH AVENUE,SUITE 321 LAKEWOOD,COLORADO 80226 Telephone: (303)233-8533 Fax: (303)233-3065 August 3, 2006 Esther E. Gesick Deputy Clerk to the Board Weld County Board of Commissioners P. O. Box 758 Greeley, CO 80632 Re: 2005 Petition for Abatement or Refund of Taxes Schedule#R2393303 Dear Ms. Gesick: I received your notice of hearing by the Weld County Board of Commissioners to consider the referenced abatement petition scheduled for August 14 at 9:00 a.m. Your letter recites that the Assessor is recommending that the Board approve the petition. Therefore, I do not need to be present at the hearing and will therefore not be in attendance at the hearing. Additionally, I will be out of state on that date and physically unable to attend. Thank you for sending me this notice and please call me with any questions you may have. Sincerely, Layne F. Mann LFM/dg I Hill Hill 1111111111$IM RE INCH iim$iii HI 3072843 06/13/2003 03:19P Weld County, CO 1 of I R 6.00 0 32.08 Steve Moreno Clerk 8 Recorder WARRANTY DEED THIS DEED. Made this 12th day of June , 2003, bet umpkin Ridge, LLC, A Colorado Limited Liability Company of the County of Weld and State of Colorado grantor,and First National Bank of Yuma, A National Banking Association 615 8th Avenue, Yuma, CO 80759 whose legal address is /F/7/J/7/41efWt//Wt/r iWrictie ,/#46rdliefi'/•/ Mei/NAM of the County of Weld and State of Colorado ,grantee: WITNESSETH,That the grantor,fur and in consideration of the sum of THREE HUNDRED TWENTY THOUSAND EIGHT HUNDRED THIRTY FIVE AND NO/100 -. DOLLARS,l$320,835.00 ), 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.his 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: Lot 2, Block 1, PUMPKIN RIDGE SUBDIVISION, SECOND FILING to the City of Greeley, County of Weld, State of Colorado 2/1-'16222 West 9th Street, Greeley, CO 80634 l/ /ef9/,tMitt/A/41 !/YJs97/lt0//S0799 also known by street and number as /E/2/1/I/ ./t/PM'/e-/t/r '/,/Pirlek/1 A W SXlf/ W TOGETHER with all and singular the hereditamenls 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 its 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.his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantee.his heirs and assigns.that at the time of the ensealing and delivery of these presents,he 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 in grant.bargain,sell and convey the same m manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains,sales,liens.taxes,assessments, encumbrances and restrictions of whatever kind or nature soever.except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected In alit Title • to Documents accepted by Buyer In accordance with section 8a lTitle Review],of the contract dated C o November 4, 2002 ,between the parties. am The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable pnues- p U lion of the grantee,his hens and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. m The singular number shall include she plural,the plural the singular,and the use of soy gender shall be applicable to all genders. ,e g IN WITNESS WHEREOF.the grantor has executed this deed on the date set forth above. Manager Pumpkin Ridge LLC, A Colorado By tao�Liabii y By: Dale Souther, Manager y N N STATE OF COLORADO ) ' ss. COUNTY OF Weld The foregoing instrument was acknowledged before methis 12th day of June , 2003 by Dale Souther as Manager of Pumpkin Ridge, LLC, A Colorado Limited Liability C �LORI HEIN a .R! tlofec ula My mmission my � I VARYO' ORAJBLIC 4 /� 1, ^.-as COLORADO n paanr.Rw - No Pu tic Mg Commission Expires 09/30/2003 WARRANTY DEED(fur Photographic Round)Nsssewri File 14 1274177051 i I giiiiiiigiiifAiiiiiigiiiiuugii i g gXIN ji 11 s hi cli ling • a3 H 2 g 5 1 1 • f n LL 1g II _ _ _ » II II I 0 . . . P . . . . . i . � .' 'l5! 5 . a"4 f 1 1 1 lei r w A • M 6 M M 11! ni w C '4 fig - 3 - r' Q 1_ E D . w il std • » » _ i 5 • » _ - itil w " rd AM »� � » iiii 41O x7 RR siw t illi u es II 14 I 155 _ 1114 ' iiii • a . . _ __ »» _ »»»»_ _ ' 3 Oil F ! h V 4111 W • g . Y 2 !fifth-101i 'I'll:111 I !I ii bill Su0a5 m iii 1 • • NOTI CE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR fa GR 2PR L2 BLK1 PUMPKIN RIDGE 2ND 1400 NORTH 17th AVE. FG SITUS : 6222 9 ST GREELEY GREELEY,CO 80631 8O634OOOO PHONE(970)353-3845,EXT.3650 e'7 www.co.weld.co.us wukOWNER : FIRST NATIONAL BANK OF YUMA COLORADO MANN LAYNE F LOG 599 7475 W STTH AVE PARCEL 095904423002 LAKEWOOD, CO 8O226 ACCOUNT R2393303 Owner: FIRST NATIONAL, BANK OF YUMA 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: :After C 4o Rrl D open, C.eC ua're made nrw1.d-u,ftme chm cJ .•e a2hi,3 wa'_�dc s of 3J .. J C''d ,r v 1CJILE' JCS,-JG SS . PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW COMMERCIAL, 1572000 1236001) • $ . 1572000 $ 1236000• • TOTALS- $ 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. 06/28/2006 By: Stanley F. Sessions WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE PR-207.97/03 • RECEIVED JUN 0 1 2006 WELD COUNTY ASSESSOR Greeley, Colorado LETTER OF AUTHORIZATION May 10, 2006 TO WHOM IT MAY CONCERN: This certifies that Layne F. Mann is authorized to represent the undersigned owner in the review and/or appeal of the 2005 & 2006 property tax assessments relating to the following real estate: 6222 9th Street, Greeley Weld County Real Estate Tax Account#82393303 This authorization includes the ability to review County assessment records and to obtain the complete cost, market and income approaches utilized by the County in arriving at the 2005 &2006 assessments placed upon the parcels, to file any necessary assessment appeals, negotiate assessment reductions and represent the owner at any hearings that may be held in regard to the appeals. First National Bank of Yuma d/bla ntdo Coz B : oioank PcAar— Title: EN1't' a rs CLERK TO THE BOARD PHONE (970) 336-7215, EXT. 4225 FAX: (970) 352-0242 P.O. BOX 758 wilGREELEY, COLORADO 80632 C. COLORADO July 20, 2006 First National Bank of Yuma dba Colorado Community Bank c/o Layne Mann 7475 West 5th Avenue, Suite 321 Lakewood, CO 80226 RE: SCHEDULE NUMBER R2393303 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: 6222 9th Street, Greeley, Colorado. 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 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, e ,o Esther E. Gesick Deputy Clerk to the Board cc: Assessor Layne Mann Hello