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HomeMy WebLinkAbout20051532.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - BFN GREELEY, LLC 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 18th 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 Michael Sampson, and taxpayer BFN Greeley, LLC, 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 or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0 $0 2004 2005-1532 AS0060 �� : S frt-7--- es-07S-oS TAX ABATEMENT PETITION - BFN GREELEY, LLC PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 18th day of May, A.D., 2005. Ns, / ��` BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (S61 (;E;$') , �//U^"�`��( William H. J e, Chair • • ti if Clerk to the Board I % • M. ile, P o- em BY: it Deputy Clerk to the Board D i�Long AP OV AS TO • Robert D. Masde��-/��/� n y A torn y p , Glenn Vaadaad Date of signature: C=,may- ' 2005-1532 AS0060 .xcrf5- O RECEI ED JAN 1 8 2005 PETITION FOR ABATEMENT OR REFUND OF TAXWELD COUNTY ASSESSO (Must be filed in duplicate and all questions must be answered) Greeley, Colorado Petitioners: Complete this side only. Greeley ,Colorado, January 19, 2005 City or Town (Date) To The Honorable Board of Commissioners of Weld County Ladies/Gentlemen: The petition of BFN GREELEY LLC, c/o Marvin F. Poor & Company whose mailing address is: 410 17th Street, Suite 1730 Denver , Colorado 80909 City or Town State Zip Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL Account# R0232201 4750 29th St. Greeley Parcel# 095922038001 T—Bone Ranch' 1st FG RPLT Tract 1--1 respectfully requests that the taxes assessed against the above property for the years _ 2004 , 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) Property suffers from structural deficiencies. Cost to cure estimate is $6,122,320.57. Present worth of this estimate equals $3,043,875 in value loss. (SEE ATTACHED REPORT)' • 2004 Year Year Value Tax Value Tax Orig. $ 10,789,766 $ 74,664 Abate $ 3,043,875 $ 21,064 Bal. $ 7,745,891 $ 53,600 Therefore the petitioner requests that the taxes may be abated or refunded in the sum of$ 21,064 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. BFN GREELEY LLC c/o Marvin F. Poer & CO Address 410 17th St. , Ste. 1730 Denver, C Petitioner "l.—/�- 80202 By / 1/13/2005 Daytime phone number 303-573-0975 Date Joseph D. Monz on, ent 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. No.920. Rev.11-99. PETITION FOR ABATEMENT OR REFUND OF TAXES[I5DPT(66-93)1 (0.,, Bradford Publishing.1743 Wazee St.,Denver,CO 80202—(303)292-2500—www.bradfordpublishing.cor 2005-1532 (Complete either Section I or Section II) RESOLUTION OF COUNTY COMMISSIONERS Section I:In accordance with 39-1-113(1.5).CR.5.,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) 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$1,000,Section II must be completed. Section II:Assessor's recommendation: ❑approved—Nopf otest filed in (year) or (year) ); ❑ approved in part$ ; IXl denied for the following reason(s). Note: If a proles was filed please att ch pt,copy of NOD. /4` / (1�� �eJ ap r Sr ye b� �� J 7'/e zicat f;kifEd Meer 415 _C ct °r'✓ Iss4S $6auld .Addresrred /w °^1 gir7h By: Assessor //j/ Deputy Assessor WHEREAS,The County Commissioners of County,State of Colorado,at a duly and lawfully called regular meeting held on (date), at which meeting there were present the following members: notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and said Assessor and taxpayer (name) (name) being present;and WHEREAS, The said County Commissioners have carefully considered the within application, and are fully advised in relation thereto, NOW BE IT RESOLVED,That the Board with the recommendation of the assessor (concurs or does not concur) and the petition be , and an abatement/refund on an (approved or denied) (be allowed or not be allowed) assessed valuation of$ for$ total tax for the year(s) Chairman of Board of County Commissioners STATE OF COLORADO, 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 hereby❑ approved; ❑ approved in part$ ❑denied for the following reason(s). l - 417 IP 7'4 CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-024242 P.O. BOX 758 GREELEY, COLORADO 80632 III D C. COLORADO May 6, 2005 BFN GREELEY LLC C/O MARVIN F. POER AND COMPANY 410 17TH STREET, SUITE 1730 DENVER, CO 80202 RE: SCHEDULE NUMBER R0232201 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:4750 29TH STREET. GREELEY T-BONE RANCH 1ST FG RPLT TRACT 1-1. The meeting is scheduled for May 18, 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, Donald D. Warden Clerk to the Board > J By:/ C-7,1 fix. 11-4.47.719 Deputy Cler the oard cc: Assessor JOSEPH D. MONZON CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 l0:11 itli FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO May 25, 2005 BFN GREELEY, LLC C/O Marvin Poer 410 17th Street, Suite 1730 Denver CO ;80202 RE: SCHEDULE NUMBER R0232201 Dear Property Owner On May 18, 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,ad, ona . arden, Clerk to the Board %, ,4-7:( Deputy Clerk to the Board cc: Assessor Marvin F. Poer Hello