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Home My WebLink About20051579.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES -WILLIAM GARNSEY III AND HERRICK GARNSEY 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 25th day of May, 2005, at which meeting there were present the following members: Chair William H. Jerke, and Commissioners M. J. Geile, 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 William Garnsey Ill and Herrick Garnsey, 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 with the recommendation of the assessor and the petition be and hereby is, denied, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR 0.00 0.00 2003 0.00 0.00 2004 • 2005-1579 AS0060 TAX ABATEMENT PETITION -WILLIAM GARNSEY III AND HERRICK GARNSEY PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 25th day of May, A.D., 2005. BOARD OF COUNTY COMMISSIONERS _�� WELD COUNTY, COLORADO ATTEST: later Y ��I/v /�• �� y FA ' ®♦ William H. Je. e, Chair Weld County Clerk to the •ar' C� l.;;%'.; ;S ' ` . J. le, Pro- % Ci BY: Co= Deputy Clerk to the B « � id . Long �` • �OVED AS T�� . >0..727RobeA D. Masden County Attorney Glenn Vaad Date of signature: 2005-1579 AS0060 WE-04-005 GARNSEY, HERRICK PETITION FOR ABATEMENT OR REFUND OF TAXES (Please submit in duplicate and answer all questions.) County Name: WELD Date Received: C'C� 66;‘) (Use Assessor's or Commissioners'Date Stamp) RECEIVED PETITIONER:(Complete Section I:on this side only.) Section I: JAN 1 9 2 fF, per: January I 17 I 2005 WELD COUNTY ASSESSOR Month Year Greeley, Colorado Petitioner's Name: WILLIAM S GARNSEY III & W HERRICK GARNSEY Petitioner's mailing address: POST OFFICE BOX 336550 GREELEY I CO 180633-0610 or Town State LL Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY 096108202015/R0074088 1114 8TH ave Petitioner states that the taxes assessed against the above property for property tax years 2003 ,and 2004 are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax), (The Petitioner's estimate of actual value must be included.) "Attach additional sheets if necessary." Petitioner cannot support anything higher than $200,000.00. See attached sub-lease. Petitioner's estimate of actual value: $200,000 ( 2003 ) and, $200,000 ( 2004 ) Value Year Value Year Petitioner requests an abatement or refund of the appropriate taxes associated with a reduction in value. I declare, under penalty of perjury in the second degree,that this petition,together with any acoompanyirg exhibits or statements, has been examined by me,and to the best of my knowledge, information and belief, is true,correct and complete. Daytime PI rune Number. (__) - Petitioners ' nature Bridge & Associates 390 Union Blvd., Ste 330, Lakewood, CO 80228 Daytime PI xx re Nu r ix r.303-573-7000 fax 403-573-7050 *(Letter of age st be attached when petition is submitted.) Every petition for abatement or refund filed pursuant to section 39-10-114, C.R.S.,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. Section II: (For Assessor's Use Only) Tax Year Tax Year Assessed Value Tax Assessed Value Tax Original: Corrected: Abate/Refund: 2005-1579 • t (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: ( I Tax Year: ( ) Value Tax 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. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date If Section I: is not complete and/or if petition is for more than $1,000, Section II: must be completed. Submit an original petition and a copy to the Division of Property Taxation. Section II: Assessor's recommendation: ❑ Approved or 0 Approved in part$ and, $ N protest filed in or (If a protest was filed, please attach a copy of NOD.) Denied f r a fol o�l wmg r as�n(s): 77F(� ef i Je/t/iRG • • • 7/e SSe_ / rJ iS o71/7C 7 Are- pt, d A- 4C�4 rles77 i *td ra-ev 71A`.�nce qi, A .g 'oil Ciao 1-n-7� `��< 7,f7'` 1 c sDv Sutre27` a l r 14-Me. Assessors or Deputy Assessor's Slgnatur Section III: WHEREAS, The Cou Commissioners of County, State of Colorado, at a duly and lawfully called regular meeting h Id on _ _/ / , at which meeting there were present the following mo day y 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 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/denied) and an abatement/refund be (approved/denied) for property tax years and, . The taxes to be abated or refunded for property tax year are $ and, year are $ which represents an assessed value of$ Chairperson of the Board of County Commissioners'Signature I' , 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 Signature ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver, Colorado / / Month Day Year The action of the Board of County Commissioners, relative to the within petition, is hereby : ❑Approved; Li Approved in part$ ; Li Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature G USRI..IABATEIFORMREV1-2000 BRIDGE &ASSOCIATES January 18, 2005 Weld County Assessor's Office 1400 N 17th Avenue Greeley, CO 80632 Re: Petitions for Abatement or Refund of Taxes, 2003 and/or 2004 .M1 To Whom It May Concerns Please find enclosed the following Petition: Schedule/Parcel Nos. Property Address/Legal Desc Owners Name R0074088 1114 8th Avenue Garnsey,Wm S &W`Herrtck Respectfully submitted, GREG Owne Encl. GE/slk RECEIVED JAN 1 g 2005 WELD COUNTY ASSESSOR Greeley, Colorado 390 Union Boulevard Ste.330 Lakewood, CO 80228 PH: 303-573-7000 FAX:303-573-7050 or 720-377-2012 05/10/2004 07:13 303-573-7050 BRIDGE & ASSUCIA""'5 PAGE 05 P-11- Gansey Joint P;:nrnrc Bridge &Associates 390 Union Blvd., Ste 330 AUTHORIZATION ICI APPEAR BE=O Ui THE: E: Lakewood, CO 80228 Phone: 303-573-7000 WELD COUNTY ASSESSOR AND THE Fax:303-573-7050 WELL:, COUNTY 3ri.'-"7D Or EQUALIZATION, THE COLO4:;(ADO BOARD OF ss 5?ESS:0En r APPEALS AND ALL STATE L'^!.'oa=S "`t BEHALF OF THE OWN*":' 7F RECORD OF REAL PROPERTY. 1, Herrick Garnsey (own=,*. h;alor ,ag v.' of the owner of real property, ("the Property") located at: 1100 8th Ave.. 71 12th St, 711 11th S!. "z4.,i 5th A.v.'., vacant Land.,4901 29th St.,6009 W.21st St.,Vacant Land, Vacant Lan. r:.d de:;.o�.d more specificafly as Mir o. s b .'12rTr.T;Tsi:13 Th2J.' 7rnttT_t r.77. *(: .titi osetiost Parcel-ID No.(s):#095916105005.695916107084 Co 5P?c_ ?.,..1061 do hereby authorize: Bridge&Associates,to repreiA,.. interests and to r,• rr^n nm" '^nhalf before the County Assessor, the WELD County Bnar'i oT 7 ,:y,'r:C'inn, the C•r-;r,". ^ar ^` .isessment Appeals and all Colorado state courts,for purposes which arise...,.., •.iry meter(s)ccr"'.r .r:;t.•.•,,.st:.,nv:C9 and taxation of the of the Property for tax years 2004 and 2005,m-id-Poi r. , 0::3"ears as aim = I. al ^i;,, nolcrado law and the rules and regulations of the above-references entities. I further authorize Bridge&Asscciates to ap:,. a wit ess at all terrnai Cr inh:rr,t9• hearings of the above- referenced entities and to testify as to the vatuatior. tt- 'm erty and to t.c cc'.vzr. `o r;al documentation submitted on my benarf in oonnec"cn will-,the Pmna..' The undersigned requests that copies of •." tit-:isruds tram d e _�_:=_ _County Assessor, the: WELD County 3card of Eq�a. . a::c and.,ha Colnra Y:. Cif '4!.;.. „•ment Appeals, be mailed to: Bridge & Associates, 390 Un;crn a3nui ,V , 4 WIC :i::J, Laken ,J- , , _; .!_. Further,the undersigned expressly re•r.-:ko:; ! p ft orblattr, t-.erty and the subject matters referenced herein.This authorization sha: 3riti,m in effect until this ai.-:tn,-,1zatior :'em inated in a written instrument executed by the undersigned. Dated this: /7 day of. M° 20b Ciornpany: /".1 Al, 'JGtr_. • r ,Q Lr .rf5S# 42-7r21 STATE OF Co r: /�•C4rhfe ___ _ i fit + hh jgc .t'/Sony Oro o Ge�aro e -t- er COUNTY OF Wit J ) �: to S39 aY,o. r.�s R7a ≥3o /2.Sb Sworn to and subscribed before me or, thi:;; /9ds,ay of: R4'1 , 2009 by HI CAIAE( - Witness my hand and official seu. r� My Cornmissiq,moires: y=/ `-0 3 Notary public: Adriress: 3/oLJT _.-. -4C.3 G2�1LZy co .Q63i _ ._ . . 2005-01-03 16:24 970-506-3686 Garnsey Wheeler Ford P 3/6 BUSINESS SUB-LEASE This BUSINESS LEASE AGREEMENT is made this 1st day of March 2004,by and between GARNSEY&WHEELER COMPANY (the"Sub Lessor") and Robert Green and Kenneth Burns d/b/a Victory Sales and Leasing, (the"Tenant"). WITN.ESSETH, That in consideration of the performance of the covenants contained herein, it is agreed: 1. Sub-Lease of Premises. The Sub Lessor hereby sublets to the Tenant, and the Tenant hereby sublets from the Sub Lessor, the building and lot located at 1114 8th Avenue, Greeley, CO, together with all appurtenances thereto,in present condition (the"Leased Premises"). 2. Condition of Property. Tenant has examined and accepts the leased premises in its present condition. No representation, statement,or warranty, express or implied has been made by or on behalf of Sub Lessor as to such condition,or as to the use that may be made of such property. In no event shall the Sub Lessor be liable for any defect in such property or for any limitation on its use. Except as otherwise provided in this lease,Tenant shall return the property to Sub Lessor upon expiration or termination of this lease in at least as good a condition as it now is, ordinary wear and tear excepted. 3.Term. A. Term. The term of this lease shall be three years commencing at noon on March 1,2004 and ending at noon on March 1,2007 unless sooner terminated in • accordance with the provisions hereof. • B. Holdover. Should the Tenant hold over and remain in possession of the leased property after the expiration of this lease without the Sub Lessor's consent, such holding over shall not be deemed or construed to be a renewal or an extension of this lease,but shall only operate to create a month-to-month tenancy at a monthly rental equal to 1 10%of the last months rent under the lease or any extensions. The Sub Lessor or Tenant may terminate such tenancy at the end of any month upon thirty days prior written notice to the other party. 4. Delivery of Possession. The Tenant shall be entitled to possession of the leased premises at noon on the C Y DOCUMGYISvLCTOKY SALES AND..PAR.No SUB-UJ SEDO[ 1 • 2005-01-03 16:24 970-506-3686 Garnsey Wheeler Ford P 4/6 date of commencement of the lease term. 5. Rent. A. Rent. Rent for the entire term shall be Fifty-nine thousand two hunched twenty dollars ($59,220.00)payable in 36 monthly installments of One thousand six hundred forty-five dollars($1645.00) each payable in advance on or before the 1st day of each calendar month. Such rent payment shall he payable to the Sub Lessor at 4901 29th Street, Greeley, CO 80634, or at such other place as may be designated in writing by the Sub Lessor. B. Late Charge. Tenant will pay a late charge equal to five percent of any monthly rental payment not paid within five days of the date due. 6. Use. The Tenant may use and occupy the leased property for any lawful.purpose. Tenant shall not use or occupy nor permit the leased property or any part thereof to be used or occupied for any unlawful business, use or purpose, nor for any business, use, or purpose deemed hazardous,nor for any purpose or in any manner which is in violation of any present or future governmental laws or regulations. It shall be Tenant's sole and exclusive responsibility to meet all fire and safety regulations of any governmental entity having jurisdiction over the leased premises, at Tenant's sole expense. Tenant shall not allow any odors, fumes, or vibrations on the leased premises,or any noise thereon which would cause • disruption of normal activities on adjacent premises. The Tenant shall indemnify the Sub Lessor against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines,penalties, claims, and demands, including reasonable attorney's fees, arising out of any violation of or default in this covenant by Tenant. 7.Possession and Quiet Enjoyment. • The Tenant, upon the payment of the rent herein reserved and upon the perfor- mance of all the terms of this lease,shall peaceably and quietly possess and enjoy the leased property at all times during the lease term without any disturbance from the Sub Lessor or from any other person claiming through the Sub Lessor. 8. Maintenance and Repairs. The Sub Lessor shall be responsible for maintenance and repairs required to maintain the structural portions and the roof of the building on the leased property,the exterior finish of such building; all to be maintained in present condition at the sole cost and expense of the Sub Lessor. All other maintenance and repairs shall be performed by Tenant, at its own expense, including all necessary repairs and replacements to pipes,heating/air-conditioning systems, plumbing systems, electrical systems, window glass, doors, fixtures, interior C DIY ppRMLNTSVICORY SALES AND LEASING SUD.Lt+5E.DUC 2 2005-01-03 16:25 970-506-3686 Garnsey Wheeler Ford P 5/6 any manner other than by instrument in writing signed by the parties or their duly authorized agent. 23.Miscellaneous Provisions. The paragraph captions contained in this lease agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms or provisions hereof. Time is of the essence of this lease agreement and of all provisions herein. This lease agreement shall be construed and enforced in accordance with the laws of the State of Colorado. Venue for any action to enforce any of the provisions of this lease shall be in. Weld County, Colorado. In any such action,the prevailing party shall be entitled to recover its costs and reasonable attorney fees. If any provisions of this lease agreement shall be declared invalid or unenforceable,the remainder of the lease agreement shall continue in full force and effect. This lease agreement contains the entire agreement between the parties, and any executory agreement hereafter made shall be ineffective to change, modify, or discharge it in whole or in part,unless such executory agreement is in writing and signed by the party against whom the enforcement of the change,modification or discharge is sought. 24.Binding Effect. This agreement shall bind and extend to the heirs,representatives, successors, and assigns of the parties hereto, if executed in duplicate by each party on or before November 5, 1999. IN WITNESS WHEREOF,the parties have executed this lease agreement on the date set forth opposite their respective signatures. C:'MY DOCUMGNISVICTOAY SALES AND LEASING$IJ -IRAS2.DOC I Z005-01-03 16:25 970-506-3686 Garnsey Wheeler Ford P 6/6 SUB LESSOR: TENANT: GARNSEY WHEELER COMPANY VICTORY SALES AND LEASING By: W.H. Garnsey,President Dated: 3—1/—O y By: Dated:j 0 CVO DUCUMENTSV!CTORY SAILS AND LEASDIDSUS-LGASFDOC 12 it CLERK TO THE BOARD K PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-0242 P.O. BOX 758 IGREELEY, COLORADO 80632 Will C. COLORADO May 16, 2005 WILLIAM S. GARNSEY III AND W. HERRICK GARNSEY PO BOX 336550 GREELEY, CO 80633-0610 • RE: SCHEDULE NUMBER R0074088 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: 1114 8T" AVENUE. The meeting is scheduled for May 25, 2005, 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, Asa Donald D. Warden Clerk to the Board By: 4 a Deputy Clerk t he Board cc: Assessor CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 "Igoe FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO June 7, 2005 William Garnsey Ill and Herrick Garnsey P 0 Box 336550 Greeley CO 80633-0610 RE: SCHEDULE NUMBER R0074088 Dear Property Owner: On May 25, 2005, 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 truly yours,ryl o Donald D. arden, Clerk to the Board Deputy Clerk to the Board cc: Assessor Greg Evans Hello