The URL can be used to link to this page

Browse Search

Home My WebLink About20052260.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2005, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: PRESTON FORREST L (99%) & 3570 KEITH ST NW CLEVELAND, TN 37312 DESCRIPTION OF PROPERTY: ACCOUNT#: R6930797 PARCEL#: 095915400008 - GR PT SE4 15-5-66 (GRAPEVINE ANNEX) BEG SE COR SEC N0D36'W 1740.36' S89D23'W 50' TO W ROW LN 47 AVE & TPOB S0D36'E 387.88' S89D32'W 713.62' TO E ROW LN 49 AVE N0D27'W 417.88'TO S ROW LN 25 ST N89D32'E 682.61' TH ALG CURVE 47.05' (R=30' C/A=8 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, said petitioner not being present or represented, and WHEREAS,the Board has made its findings on the evidence,testimony and remonstrances and is now fully informed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Weld County Board of Equalization, that the evidence presented at the hearing clearly supported the value placed upon the Petitioner's property, after review by the Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 297,928 Improvements OR Personal Property 8,438,072 TOTAL $ 8,736,000 2005-2260 AS0061 RE: BOE - PRESTON FORREST L (99%) & PAGE 2 BE IT FURTHER RESOLVED that a denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options; however,said appeal must be filed within 30 days of the denial: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's(CBOE's)decision to the Board of Assessment Appeals (BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), C.R.S.) Appeals to the BAA must be made on forms furnished by the BAA, and such appeals should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 Fees: A taxpayer representing himself is not charged for the first two appeals to the Board of Assessment Appeals; however, a taxpayer being represented by an agent or an attorney must submit a fee of$101.25 per appeal. OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals fora review of the record. (Section 39-8-108(1), C.R.S.) OR 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, C.R.S.) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator,the District Court of the county in which the property is located will make the selection. 2005-2260 AS0061 RE: BOE - PRESTON FORREST L (99%) & PAGE 3 Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed$150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Lei, `� ,� � Zia William H. Jerke, Chair Weld County Clerk to the? o ' fl' EXCUSED ( `� M. J. Geile, Pro-Tem BY. Deputy Clerk to the Boat .4"1,.) EXCUSED E. Da v Long APPROV AS TO FORM: • �� Aj sCounty Attorney Glenn Va - Date of signature: "O 2005-2260 AS0061 Weld County STANLEY F. SESSIONS COUNTY ASSESSOR CHRISTOPHER WOODRUFF, DEPUTY ASSESSOR APPRAISAL REPORT OF RESIDENTIAL PROPERTY FOR County Board of Equalization PRESTON FORREST L (99%) & DEVELOPERS INVESTMENT COMPANY INC (1%) PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 0959-15-4-00-008 Schedule Number: R6930797 Log Number: 4312 Date: 08/05/05 Time: 10:00 AM Board: CBOE PREPARED BY STAN JANTZ Signature Date Signature Date ASSESSOR'S OFFICE STAFF APPRAISER CBOE_COMM_010998 Page 1 SALIENT FACTS AND CONCLUSIONS Purpose of Appraisal To determine Market Value as of 1/1/05 based on an appraisal date of 6/30/04. Property Rights Appraised Unencumbered fee simple interest. Location 4750 W 25 ST GREELEY Land Area 297,928 Square Feet Zoning Property Type Elderly Assisted Living Year Built 1998 Year Remodeled Quality Good Class Wood Frame Number of Stories 2 Improvement Sq. Ft. 109,319 Basement Unfinished Sq. Ft. Basement Finished Sq. Ft. Mezzanine: Value Indications: Land 1,191,712.00 Cost Approach Market Approach 8,736,000.00 Income Approach Assessor's Value 8,736,000.00 CBOE_COMM_010998 Page 2 COST APPROACH LAND VALUE Sales utilized to establish the value in the subject neighborhood are from 2003 and the first six months of 2004 for the 2005 assessment date. The comparative sales approach is the most reliable method of land valuation. Pursuant to 39-104-(10.2) (c) C. R. S., the Assessor may utilize sales from July 1999 through the June of 2004 to establish the proper value, if sufficient information is not available in the prior 18 months. Also, comparables outside the subject property area may be used. The Weld County Assessor has an established ongoing sales confirmation and validation program for property transactions used in developing value. The land size of the subject is 297,928 square feet. Comparable commercial land in the subject area is valued at $4.50 per square foot. Address Sale Sale Land Size Per Sq Ft Date Price Comparable 1 Lowe's 04/2//04 2,750000 580,443 4.74 2400 47 Av Greeley Comparable 2 Target Corp. 12/13/02 1,950,000 479,327 4.07 4400 Centerpiece Dr Greeley Comparable 3 Ehrlich Toyota 02/26/03 2,000,000 258,049 7.75 4732 26 St Greeley ASSESSOR'S LAND VALUE 297,928 S.F. X $4.00 = 1,191,712.00 CBOE_COMM_010998 Page 3 SUBJECT PHOTO it It � . . Comparable Number 1 A.. & et ' ` CBOE_COMM_010998 Page 4 MARKET APPROACH COMPARABLE ELDERLY ASSISTED LIVING SALES # ADDRESS Grantor/Grantee Date of Sale Price Number Per Sale Of Units Unit Price Subject The Bridge 182 48,000 4750 25 Street Greeley 1 Garden Square At Living Centers—Rocky 06/30/04 2,300,000 48 47,917 Westlake Mountain/ 3151 20 Street Westlake ALF Greeley Properties 2 The Bridge Healthcare Realty 05/04/05 11,638,000 182 63,945 4750 25 Street Trust/ Greeley Forrest L Preston MARKET CALCULATIONS SUBJECT'S 182 UNITS TIMES 48,000 PER UNIT EQUALS $8,736,000 CRCE_COMM_010998 Page 5 07/15/05 09:01 FAX WELD ASSESSOR 2002 • NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. GR PT SE4 15-5-66 (GRAPEVINE GREELEY,CO 80631 y[ ctr ANNEX) BEG SE COR SEC NOD36'W PHONE(970)353.3845,EXT.3650 1•jl 1740 . 36' S89D23 'W 5O' TO W ROW LN 3.3845,EXT..co.us 47 AVE & TPOB S0D36'E 387.88 ' • S89D32 'W 713 . 62' TO E ROW LN 49 AVE • N0D27'W 417 . 88' TO S ROW LN 25 ST • COLORADO • OWNER: PRESTON FORREST L (99$) & • • • PRESTON FORREST L (99%) & LOG 4312 357O KEITH ST NW PARCEL 095915400008 ACCOUNT R693O797 CLEVELAND, TN 37312 YEAR 2OO5 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 properly should be included in the following category(ics): 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 tearing& 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: • No change has been made to the valuation of this property. Colorado law requires us to send this notice of denial for all properties on which we do not adjust the value . • PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW RESIDENTIAL • 8736000 8736OOO • • • • TOTALS $ $ 871651.M).... $ 8736000 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-RS. Please see the back of this form for detailed information on filing your appeal. By: StanlevF.Sessions • O6/3O/2OO5 WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE Pa-3o3-11)/03 07/15/05 09:01 FAX WELD ASSESSOR 003 YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR' S DECISION The County Board of Equalization will sit to hear appeals beginning July 1 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 FORREAL PROPERTY,AND JULY 20 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 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. TO 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.atom r1.1 .e ck2o o b 0 over c/a G,.ed Que 7p c✓u{4 fw/crf ", / rit),oex r0es ,u. Y7/5795— )R.NA until. •I no DATE PR-207-11/0J ries-tt (--11‘411 , CLERK TO THE BOARD PHONE (970)356-4000 EXT 4217 FAX: (970)352-0242 WEBSITE: www.co.weld.co.us.co.us WIlD 915 10TH STREET P.O. BOX 758 C. GREELEY, COLORADO 80632 • COLORADO July 20, 2005 PRESTON FORREST L (99%) & 3570 KEITH ST NW CLEVELAND TN 37312 Parcel No.: 095915400008 Account No.: R6930797 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 5, 2005, at or about the hour of 10:00 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. PRESTON FORREST L (99%) & - R6930797 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 OFD EQUALIZATION �� LI ,��r�17Naq/d�!/v Donald D. Warden Clerk to the Board cc: Stanley Sessions, Assessor PARADIGM TAX GROUP LLC 14800 LANDMARK BLVD SUITE 240 DALLAS TX 75254 ptg PARADIGM 14800 Landmark Blvd 972.759.9600 Phone Suite 240 972.759.9605 Fax TAX GROUP, LLC Dallas,Texas 75254 www.paradigmtax.com July 14, 2005 Weld County Board of Equalization PO Box 758 Greeley, CO 80632 Dear Sir or Madam: Pursuant to Colorado Statutes, Paradigm Tax Group, as authorized agent of the clients listed on the attached notices and/or spreadsheets, hereby protests the 2005 valuation established by the Assessor. The values of the protested properties are considered to be above market value as well as unequally assessed when compared with other properties. Please be aware that we did not receive Notices of Determination for the attached listed properties. This is the reason why Notices of Determination enclosed for some properties may not be included. Please call me if you have any questions at 972-759-9600 ext. 101. Sincerely, I Suzie Hawkins Managing Consultant 2005 Property Tax Appeals..,,.,..,..............,,.,.,n.. ..,....... ..,,..,,..µ.,...,..m.,.,.h.,.,,,...,............,.m,,..,.,.,..,..��.,�.... Weld County CO Parcel ID Address Company Name Client Name R6930797 4750 S.25th Street Bridge At Greeley Life Care Center 080721100006 15 Walnut Street Windsor,Co Universal Forest Products Weld County Hello