HomeMy WebLinkAbout20021404.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND
OF TAXES - EVERITT ENTERPRISES, INC.
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 3rd day of June, 2002, at which meeting
there were present the following members: Chair Glenn Vaad and Commissioners M. J. Geile,
William H. Jerke, David E. Long, and Robert D. Masden, 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 Michael Sampson, and taxpayer Everitt Enterprises, Inc., 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, denied, and an abatement refund not be allowed as follows:
ASSESSED TOTAL TAX
VALUATION TAX AMOUNT YEAR
$27,550.00 $2,495.47 1999
/I J/ lj/9/ 2002-1404
AS0051
TAX ABATEMENT PETITION - EVERITT ENTERPRISES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD E COUNTY, COLORADO
ATTEST:&4/4/ n E Lt i�G4aas,_"0. b
Gle aad, Chair —
Weld County Clerk to th-to- 0 7c�i
k,C
lk v ' David E. L g, Pro- e
Deputy Clerk to the B•: CI,/l' t� , ' a°
"J-L: -- M. J. eile
ArED M: j el/- t-r
liam H. Jerke
o7 Attorn y
Robert . asden
(v
Date of signature: /°
2002-1404
AS0051
a
rits
1 CLERK TO THE BOARD
i PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
June 13, 2002
EVERITT ENTERPRISES, INC
ATTN: DON CHILEN
POB2125
FORT COLLINS, CO 80522
RE: SCHEDULE NUMBER R2124486
Dear Property Owner
On June 3, 2002, the Board of Weld County Commissioners considered your petition for
abatement or refund of taxes and denied same.
Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State
Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and
instructions from the Board of Assessment Appeals, Department of Local Affairs, 1313
Sherman Street, Room 420, Denver, Colorado 80203.
Very lyy r/S
tetieurin
Donald D. Warden,
Clerk to the Board
A
BY (,,`(�Z. tit ttc-l�z
Deputy Clerk to tMe oard
cc: Assessor
FORM 920 (66.93) PETITION FOR ABATEMENT OR REFUND OF TAXES
Must be filed in duplicate and all questions must be answered. OcOa- 035/
Petitioners: Complete this side only.
Greeley Colorado, December 26 • 2001
City or Town '
To The Honorable Board of Commissioners of Weld
Gentlemen: JAN 0 2 2002
The petition of Everitt Enterprises, Inc.
P.O. Box 2125 WLLU tUUUIN I Y ASSESSOR
GREELEY, COLORADO
whose mailing address is:
Fort Collins Colorado 80522
City or Town State Zip Code
SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL
R2124486 GR IW3-A PT NE4 12 5 66 BEG 40's
•
respectfully requests that the taxes assessed against the above property for the years A.D.
19 99 , 19 , 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 Market Value is based on option agreement to purchase (see attached)
signed March 20, 1997 of $225,000. We, therfore, request this value of
$225,000.00
19 99 19
Value Tax Value Tax
OCIg. $92,800.00 $8,405.82
Abate. $27,550.00 $2,495.47
Bal. $65,250.00 $5,910.36
Therefore the petitioner requests that the taxes may be abated or refunded in the sum of $ $2,495.47
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 andcomplete.
Z.
_ ` � Address _p o sox 7175
Petitioner
Fort Collins, Colorado 80522
David Everitt, President
By Daytime phone number (970) 226-1500
Agent Date
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. 39-1-113(1.7), C.R.S.
Questions/Correspondence: Contact Don Chilen (970) 226-1500; came arlrlracs
2002-1404
• Complete Either Section I or Section II
RESOLUTION OF COUNTY COMMISSIONERS
Section 1: 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.
County Commission Resolution #
The Assessor and petitioner mutually agree to an assessed value of $ for
$ total tax for the year(s) 19 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 Data Assessor's Si®unue Date
If Section I is not complete and/or if petition is for more than $1,000, Section II must be completed.
Section II: Assessors's recommendation:
0 approved - No protest filed in 19 or 19 •
0 approved in part $ PSI denied for the following reason(s):Note: If a protest was filed please attach copy o' N• a. l/ 1/
/mi i soann e,,, —ivies cnN%d_ //at 40 °7Lp
/�tkli / T 7, /cited T19 6-71/1-d a rr yi v44. LP.s1e
�Nowa* �'Q9relpne til Ad .tier F,�AkeiAlifeliN fie
terra I e(I4J11e
' °
e Or B�e ess0r
WHEREAS, The County Commissioners of County,
State of Colorado, at a duly and lawfully called regular meeting held on the day
of , A.D. 19 , 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)
being present; and
(name)
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
(concurs or does not concur)
the assessor and the petition be , and an abatement refund
(approved or denied) (be allowed or not be allowed)
on an assessed valuation of $ for $ total tax for the year(s) 19
Chairman of Board of County Commissioners
STATE OF COLORADO,
ss.
County of
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 , A.D. 19
County Clerk
By
Deputy
ACTION OF THE PROPERTY TAX ADMINISTRATOR
Denver, Colorado, 19 .
The action of the Board of County Commissioners, relative to the within petition, is hereby
❑ approved; ❑ approved in part $ ❑ denied for the following reason(s)
Secretary Property Tax Administrator
Ott
fka--------it..,„ct ..,-.
RSale5�
� rital&
e
L i ..
2406 W. 10th Street•Greeley,CO 80631
(970)353-1540•FAX(970)353-1544
March 20, 1997
Everitt. Companies •
PO Box 2125
Ft, Collins, Co, 90522
RE: Retail Lease
Dear Kathy:
In reference to our phone conversation the other day?, please
acknowledge that L would like to extend my option to renew the
:lease. This renewal will start. on June 1, 1997 and continue on
for three years, ending May 31, 2000.
I also want No. 33 OPTION TO PURCHASE under the lease to
renew with the same terms and conditions.
Enclosed are two copies signed, please return one signed by
y:;u for my records. I look forward to my continued association
with the Everitt Companies. Thank you for your consideration.
Sincer. v.
r /� � itf
Roncticl J. _':ksor. .__4_eitBy:
President Everitt. Investment, INC.
Rental Ventures, ['LC
(xvii) Tenant's Statement. Tenant shall at any time and from time to time,
upon not less than ten days prior written notice from Landlord, execute, acknowledge and
deliver to Landlord a statement in writing (a) certifying that this lease is unmodified and in full
force and effect (or, if modified, stating the nature of such modification and certifying that
this lease as so modified is in full force and effect), and the date to which the rental and other
charges are paid in advance, if any and (b) acknowledging that there are not, to Tenant's
knowledge, any uncured defaults on the part of the Landlord hereunder, or specifying such
defaults if any are claimed, and (c) setting forth the date of commencement of rents and
expiration of the term hereof. Any such statement may be relied upon by the prospective
purchaser or encumbrancer of all or any portion of the real property of which the premises ar
part.
(xviii) Authority of Tenant. If the Tenant hereunder is a corporation, each
individual executing this lease on behalf of the Tenant corporation represents and warrants
that he is duly authorized to execute and deliver this lease on behalf of said corporation, in
accordance with the bylaws of said corporation, that this lease is binding upon said
corporation, that said corporation is qualified to do business in the State of Colorado, and that
said corporation is in good standing having file all applicable reports and paid all applicable
taxes and fees.
32. BROKERS.
Tenant warrants that is has had no dealings with any real estate broker or
agents in connection with the negotiations of this lease.
33. OPTION TO PURCHASE.
Provided Tenant is not in default of the terms and conditions of this Lease,
Tenant may purchase the subject property from Landlord for TWO HUNDRED TWENTY FIVE
THOUSAND AND NO/100 DOLLARS ($225,000.00), for cash or certified funds, or other
terms acceptable to Landlord.
This Option to Purchase must be exercised by Tenant prior to the end of the
first three (3) years of the Lease, Tenant providing Landlord 90-day prior written notice of
Tenant's desire to purchase the property, so that closing of same shall transpire prior to the
end of the third year of the Lease. It is acknowledged by both parties that a reciprocal cross-
easement agreement will be executed by both parties in connection with the purchase to
accommodate ingress, egress, parking, access, and other issues of mutual interest.
34. ADDENDUM,
Any Exhibits and Addendum attached hereto and signed by Landlord and Tenant
shall be deemed a part hereof and are incorporated herein by reference.
EVERITT INVESTMENTS, INC.
a Kansas corpor tion
By:
D id G. Everitt, President
Attest:
ary . Sauder, Secretary
"LANDLORD"
/J7
OR
3/54 ochre iS 7A e2
M/ , Cl
A—Se 7i ` i1/irS C 13 r
/A) M 9htA 0� '99Z,
44111' a
4‘irIll CLERK TO THE BOARD
PHONE (970) 336-7215, EXT.4225
FAX: (970) 352-0242
P.O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
May 3 , 2002
EVERITT ENTERPRISES, INC
Attn: DON CHILEN
PO BOX 2125
FORT COLLINS, CO 80522
RE: SCHEDULE NUMBER R2124486
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: GR IW3-A PT NE4 12 5 66 BEG 40'S.
The meeting is scheduled for June 3, 2002, 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 Carol Harding
at (970) 336-7215, extension 4217.
Sincerely,
Donald D. Warden
Clerk to the Board
il
By:
Deputy Ithe/Board ��
cc: Assessor
Hello