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Home My WebLink About20052312.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2005, WELD COUNTY, COLORADO- STIPULATE PETITION OF: MC NAMARA RICHARD M & MAIRA LYNCH & 12507 WOODGREEN ST LOS ANGELES, CA 90066 DESCRIPTION OF PROPERTY: ACCOUNT#: R1295786 PARCEL#: 080332303006 -GR 4030 PT BLK194 LYING W OF UPRR R/W EXC BEG ON N LN L1 BLK36 CLAYTON PARK SAID PT BEING S88D48'E 39.7' OF NE COR L1 N88D48'W 202.4' N07D33'W 78.4' N72D12'E 72.3' N56D19'E 143.5'S07D33'E 185.2'TO BEG ALSO EXC BEG NW COR BLK194 S01 O12W 496.7' 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 2005, 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 2005,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 and 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 $ 21,450 $ 100.56 Improvements OR Personal Property 0 0 TOTAL $ 21,450 $ 100.56 WHEREAS,said Stipulation shall resolve all issues to have been determined by the Weld County Board of Equalization. 2005-2312 AS0061 to'. Rs, psi- o-// -Os- RE: BOE - MC NAMARA RICHARD M & MAIRA LYNCH &, R1295786 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 5th day of August, 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: sated %(/I/�� 4;: illiam H. JeWeld County Clerk toXCUSED . J. Geile, Pro-Tem BY: r' �' Deputy Clerk to the Boar EXCUSED David E. Long APPR AS TO FO �4 _ Robe D. Masde jssistaTtt County Attorney Glenn Vaa - Date of signature: /iv 2005-2312 AS0061 2005 COUNTY BOARD OF EQUALIZATION WELD COUNTY ASSESSOR'S ACCOUNT NUMBER 1295786 STIPULATION (As To Tax Year 2005 Actual Value) RE PETITION OF NAME: MC NAMARA RICHARD M& MAIRA LYNCH& EDITH WELLINGTON ADDRESS: 12507 WOODGREEN ST LOS ANGELES CA 90066 Petitioner(s), MC NAMARA RICHARD M& MAIRA LYNCH&EDITH WELLINGTON and the Weld County Assessor, hereby enter into this Stipulation regarding the tax year 2005 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: GR 4030 PT BLK194 LYING W OF UPRR R/W EXC BEG ON N LN L1 BLK36 CLAYTON PARK SAID PT BEING S88D48'E 39.7' OF NE COR L1 N88D48'W 202.4' N07D33'W 78.4' N72D12'E 72.3' N56D19'E 143.5'S07D33'E 185.2'TO BEG ALSO EXC BEG NW COR BLK194 S01D12'W 496.7' S07D33'E 567.9' N72D12'E 72.3' N56D19'E 143.5' N07D33'W 973' S86D57'W 124.8' TO BEG ALSO UNUSED RR RNV FROM S LN C ST TO S LN BLK194 ALSO EXC BEG N95.58' OF NE COR L4 BLK36 CLAYTON PARK WHICH IS TRUE POB N89.42' E39.24' S08D45'E 90.47'W53'TO POB ALSO PT L1 BLK36 CLAYTON PARK EXC HWY & EXC BK890 REC #1812111. (Legal description) 2. The subject property is classified as VACANT LAND property. (what type). 3. The County Assessor originally assigned the following actual value to the subject property for tax year 2005. Land $ 21.450 Improvements 0 Total $ 21.450 RECEIVED JUL 282005 2005-2312 WELD COUNTY ASSESSOR Greeley, Colorado 4. After further review and negotiation,the petitioner(s) and Weld County Assessor agree to the following actual value for the subject property. Land $ 100.56 Improvements 0 Total $ 100.56 5. The valuations, as established above, shall be binding only with respect to tax year 2005. 6. Brief narrative as to why the reduction was made: AFTER A PHYSICAL INSPECTION OF THE PROPERTY IT HAS BEEN DETERMINED THAT THE PROPERTY IS IN AGRICULTURAL USE.THE LAND HAS BEEN CHANGED TO THE APPROPRIATE AGRICULTURAL CLASSIFICATION. 7. Both parties agree that the hearing scheduled before the Weld County Board of Equalization on 8/2/05 at 11:30 be vacated; or, a hearing has not yet been scheduled before the Board of Equalization (check if appropriate). DATED this .x cfH day of July, 2005. G )711e COS Petitioner(s) or orney Petitioner(s) or Attorney Address: W Address: /.2SO7 jtoovaeer,ysr 1,O c. /Jra-g'c Garr-/G v.o- 6700 ray Telephone: 3 /0 --3 f- 3 O7 T lephone: _d - `- 49.1 0 s--- u A lessor Address: 1400 N.17th Avenue Greeley, CO 80631 (970) 353-3845 ext. 3656 NOTICE OF ADJUSTMENT OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. GR 4030 PT BLK194 LYING W OF UPRR OREELEY,COs0631#4tt R/W EXC BEG ON N LN Ll BLK36 PHONE(970)353-3845.EXT.3650 CLAYTON PARK SAID PT BEING 588D48 'E www.co.weld.co.us OF NE N72D12R Ll 8E 7 42 3 W202 .4 ' N07D33W78 .4 ' C 143 . 5' O 185 .2 ' OWNER: MC NAMARA RICHARD IM & MAIRA LYNCH & COLORADO • MC NAMARA RICHARD M & MAIRA LYNCH & LOG 2226 12507 WOODGREEN ST PARCEL 0803 2303006 ACCOUNT R129578. LOS ANGELES, CA 90066 YEAR 2005 The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor hasy#ttermined that your property should be included in the following category(ies): All other property, including vacant land, 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: Your land value has been adjusted based on a study of the characteristics of your property. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW VACANT LAND 107250 21450 • TOTALS $ $ 107250 $21450 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 06/27/2005 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 I 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. APPEAL PROCEDURES: 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 15 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O:--R5K 758 Greeley, Colorado 80632 Telephone (970)356-4000 Ext. 4225 NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION' S DETERMINATION: 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. TAXPAYER RIGHTS FOR FURTHER APPEALS: 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 12. 10 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. Si—±1 /3T,6c / /z) 7//2 ifs SR,NAIU El*PEIII ION / DAIL PR-2O7-87/03 July 12, 2005 Mr. Stanley F. Sessions Weld County Assessor Weld County Board of Equalization 915 10'" Street, P.O. Box 758 Greeley, CO 80632 Re. Assessment Appeal Dear Mr. Sessions: We appreciate and thank you for your adjustment of the recent reassessment of our property,which is bounded by the Poudre River, 8th Avenue (U.S. Highway 85 Business), Union Pacific railroad tracks, and C Street. The legal description is: GR 4030 PT BLK194 LYING W of UPRR R/W EXC BEG ON N LN L1 BLK36 CLAYTON PARK SAID PT BEING S88D48'E 39.7'of NE COR L1 N88D48'W 202.4' NO7D33'W 78.4' N72D1. We are also compelled to ask that you consider further reducing the appraisal to its original $10,725. Once the necessary steps have been taken to allow us to develop the acreage to its original light industrial potential, we will actually be delighted to pay taxes based on what will then be its fair market value. Indeed, we are looking forward to it. In the meantime, however, the flood zone designation has denied us the ability to do anything other than pay taxes on the acreage: we are not allowed to develop the property in any shape or form. We are, in fact, limited to putting a small number of domestic animals to graze on the seven-plus acres that constitute the property. Based on the above and the cost, market and income criteria for assessing all property, including vacant land,we thus feel that the $10,725 assessment of previous years more accurately reflects its present fair market value. Again, thank you for your past assistance with this matter and for your further consideration of this request. ,s Sin".?1,40 4-1 Richard M. & Maira Lynch McNamara 12507 Woodgreen Street Los Angeles, CA 90066 o Ccfn �J E lyn K. Stampley(on behalf of her mother,tdith ellington) 1200 Generes Drive Harahan, LA 70123 P.S. We have attached FYI a copy of our May 2005 appeal. i May 18, 2005 Mr. Stanley F. Sessions Weld County Assessor 1400 North 17`h Avenue Greeley, CO 80631 Re. Assessment Appeal Dear Mr. Sessions: This letter is to appeal the recent appraisal of acreage bounded by the Poudre River, 8th Avenue (U.S. Highway 85 Business), Union Pacific railroad tracks, and C Street. The legal description is: GR 4030 PT BLKI94 LYING W of UPRR R/W EXC BEG ON N LN L 1 BLK36 CLAYTON PARK SAID PT BEING S88D48'E 39.7'of NE COR L1 N88D48'W 202.4' NO7D33'W 78.4' N72D1. As there was no information in the NOTICE OF VALUATION form regarding the "property characteristics (that) were used to estimate (our) property value," we don't know on what basis the assessment was increased. According to the form, the Prior Year Actual Value was placed at 10725; the Current Year Actual Value at 107250; and the Increase/Decrease, 96525. Because we don't feel that either the market, cost or income approach is appropriate for this particular appeal, we haven't filled in the Real Property Questionnaire. We are instead basing the appeal on the fact that the acreage, while originally zoned Light Industrial, is located in a flood way. Based on that designation, until such time as steps are taken to help protect the city from flooding, we are not allowed to develop the land. And based on that fact, we feel that the property should not be considered for reassessment. The following information from various articles in the Greeley Tribune and a section of Greeley's comprehensive plan bears out that contention: "City of Greeley 2020 Comprehensive Plan," Section PS2, Community Design and Development: PS2.2 Disallow development within flood ways and discourage development within flood plains... In the February 20, 2002 Greeley Tribune, it was reported that "In other actions Tuesday night, the Greeley City Council • Agreed to zone an 87-acre site north of Grizzly Drive and south of C Street. The property, which is currently zoned for industrial changed for residential use. About 70 acres will be for low-density resident use and 13 acres will be high density. The remainder, about 3.6 acres, will probably remain undeveloped because it is in a flood plain. • Agreed to zone a 126 parcel southwest of 4`h Street and 59`h Avenue for residential use. About 37 acres of the site will remain undeveloped because it is in a flood plain. " In the May 30, 2003 Greeley Tribune, in an article titled "Flood plain, flood way changes proposed," it was reported that "If a building on a property in a flood way burns, it can't be rebuilt. New development in a flood way isn't allowed...Under a subheading, it was also noted that the flood-plain maps show two areas: "...flood ways, which are most susceptible to flooding, and flood plains, which are at risk but not as much. Properties in flood plain and flood-way boundaries have certain development restrictions that the city has to enforce to be eligible for the (federally backed) flood insurance. In the January 5, 2003 Greeley Tribune, in a story titled"Big R rebuilding plans foiled by flood threat," it was reported that"Big R cannot rebuild because of a flood map developed by the Army Corps of Engineers in 1979. On the map, both the former Big R farm store and the main store sit in a flood way...Businesses located on flood ways before the flood map was developed weren't required to move, but they can't rebuild if they are damaged in fires or other natural disasters. " The June 5, 2003 Greeley Tribune also had an editorial titled "Greeley's flood plain map should be OK'd," that included the following: "The Greeley City Council did the right thing when it agreed to delay adopting a proposed Poudre River flood plain map three years ago. The delay...also gave the city time to clear out part of the river and replace an east-Greeley diversion structure with one that will reduce flooding upstream...Being in a flood way basically wipes out any chance for development or redevelopment. So we certainly sympathize with property owners.... " Thank you for your consideration of this appeal. Sincerely, Richard M. & Maira Lynch McNamara 12507 Woodgreen Street Los Angeles, CA 90066 Evelyn K. Stampley (on behalf of her mother, Edith Wellington) 1200 Generes Drive Harahan, LA 70123 CLERK TO THE BOARD PHONE (970)356-4000 EXT 4217 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 19, 2005 MC NAMARA RICHARD M & MAIRA LYNCH & 12507 WOODGREEN ST LOS ANGELES CA 90066 Parcel No.: 080332303006 Account No.: R1295786 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 2, 2005, at or about the hour of 11:30 AM,to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Department of Planning Services, Conference Room, 918 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5,2005, and mailed to you on or before August 12, 2005. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please request it directly from the Assessor's Office by fax (970) 304-6433, or by calling (970) 353-3845. Upon receipt of your request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information. MC NAMARA RICHARD M & MAIRA LYNCH & - R1295786 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION guil/M4 Donald D. Warden Clerk to the Board cc: Stanley Sessions, Assessor Hello