HomeMy WebLinkAbout20040393 RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - DONALD
SHERWOOD
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 4th day of February, 2004, at which meeting
there were present the following members: Chair Robert D. Masden, and Commissioners M. J.
Geile, William H. Jerke, David E. Long, 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 Donald Sherwood, 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, approved, and an abatement or refund be allowed as follows:
ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$ 24,520 $ 1,940.18 2002
S4rktt o a -i 1-0 t/ 2004-0393
AS0057
(1/1 , /'73, /t 63 ?c.Ut/
TAX ABATEMENT PETITION - DONALD SHERWOOD
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 4th day of February, A.D., 2004.
te`` BOARD OF COUNTY COMMISSIONERS
E WD�CO�UNTY, CORADO
ATTEST: LI, I ' ,:�' .•
I ,,40 gap obert D. Masden, Chair
Weld County Clerk to the o. rtql
r . 1-
H. Jer , Pro-Tem
BY:
Deputy Clerk to the Board
M . Geile
A ED AS M:
Davi . Long
ty Attor ey
Glenn as
Date of signature: 3/8
2004-0393
AS0057
•
• • PETITION FOR ABATEMENT OR REFUND OF TAXES
P ease submit in duplicate copies and answer all questions.
�
County Name /).)e/ Date Rec e
Use Assess ErEETVED
• DEC 3 1 2003
PETITIONER: Complete Section I on this.side only . WELD COUNTY ASSESSOR
Section I: Greeley, Colorado
Date: AI) c X
Month Day Y ar + • ...R
Petitioner's Name: )o),(20 d �. S} \� •
Petiti per's mailing address: ` -ID 't jo ii4 -. 2r\ 3P- p 6?C 19
•
C p I.1'LQkk - di <6650/
City or Town .State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
/2/3-a-03 706-002' • /`T/)a /e-g--44 lof 8 ' /,gee:
K/37 8'o Z .
Petitioner states that the taxes assessed against the above property for property tax year2,OU2—and
are incorrect for-the following reasons: (13rieflydescribe the circumstances surrounding the incorrect value or tax.
(The petitioner's estimate of actual value must be included.) Attach additional sheets if necessary.
•
0 S N-0 4.001cOw"` C,.it415�- � - r`� er 15 P 2.Q SE—OP'jar 61A-12--(1-
+6 f� p P
+O e Lc- w• . C Qs 3` -3- (24- j •
•
Petltioner's estimate of actual value$ 6110D f Zoo 2r
• 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 accompanying exhibits
or statements,has been examined by me, and to the best of my knowledge, information and belief, is true,correct
and complete.
•
Da ime Phone Number j
• Petal nQ er's Sig at re T 03 //
,�,( of (�
By ;�,,. a..� ,�vr��C-rr— time Ph Number( "" 776, - G/• r
Agept's'Signature*
*Letter of agency must be attached when petition Is submitted.
Every petition for abatement or refund filed pursuant to section 39-10-114,C.F .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.
Seotiori ii: Asse3sor's Use C::ty Le_kAt
. o?000. u
Tax Year
Assessed Value • Tax
Original • 3 Va.: O .270'7. 10 .
Corrected 9 7 o eD 76 1.6"
Abate/Refund T'o'? MVO '/ •
• 2004-0393
(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
Valte Tax
Original
Corrected _ -
AbatelRefund
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 1 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.
S cttoLt Assessor's recommendation:
Approvr Approved In part $
Nprotest filed In if a protest was filed, please attach a copy of NOD.) •
Denied for the following reason(s):
____1(2. ` ,/( tdc'cif// /97:1
_.,,..t./. ._
/ .-fr° f .,,,
Assosso r Deputy AssessVa Signature
Section III: WHEREAS, The County Commissioners of County, State of Colorado, at a duly.•
and lawfully called regular meeting held on / / , at which meeting there were present the following
mo day yr
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/nof 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/denfed) and an abatement/refund be (approved/dented) for property tax year
. . The taxes to be abated or refunded are$ - • which represents an assessed value of
$ - •
Chairperson of the Board of County Commissioners'Signature
1, , 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 Cierk`s.Signature
ACTION OF THE PROPERTY TAX ADMINISTRATOR -
Denver, Colorado 3-- c -
- Month Day ear
Th of the Board of County Commissioners, relative to the within petition,•is hereby
proved; Approved in part$ ; Denied for the following reason(s):---\--x 1 s a 3\-il •
r►i JL . - _ `
Secrete• s •tr attire Property Tax Administrator's Signature
onusi ..\ABATErroamaEVt•2+
W yore ___ 'j
CHARLES SAXTON
cj j ASSOCIATES CHARLES D.SAXTON
'CO1111 1 11 tS� ASSOCIATES JJLL JJLL
-rill ATTORNEYS AT LAW
December 30, 2003
Janis Williams
Office of the Weld County Assessor
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, CO 80631
Re: Longmont Lease-Purchase Tax Exemption
Acct. Nos. R1375802 parcel No. 1313-18-2-00-02 and
R5626386 parcel no. 1313-18-0-00-039
Dear Ms. Williams:
Enclosed please find and original and one copy of a Petition for Abatement or Refund of Taxes
for each of the above referenced accounts. Also enclosed are two copies of the Power of Attorney
of Donald J. Sherwood.
Sincerely,
Charles D. Saxton
CDS/oth
Enclosure
cc: Client
POST OFFICE BOX 795 • 353 MAIN STREET • LONGMONT,COLORADO 80501
PHONE(303)776-6911 • FACSIMILE(303)776-6916 • EMAIL saxtonlawc arielnet.cc
GENERAL POWER OF ATTORNEY
EFFECTIVE July 1, 2003
•
I,DONALD J.SHERWOOD,of Longmont,Colorado,do hereby execute this General Power
of Attorney with the intention that the joint attorneys-in-fact hereinafter named shall be able to act in
my place in all matters.
SECTION 1. Designation of Joint Attorneys
1.01 I constitute and appoint Charles D. Saxton and Kenneth L. Bachman, both of
Longmont,Colorado,to be my joint attorneys-in-fact to act for me,in my name and in my place. As
joint attorneys-in-fact, they must act together.
SECTION 2. Effective Date of Power of Attorney
2.01 This General Power of Attorney shall be effective as of the date stated above.
SECTION 3. Powers
3.01 My joint attorneys-in-fact shall have ALL of the powers, discretions, elections and
authorities granted by statute,common law and under any rule of court. In addition thereto,and not
in limitation thereof, my joint attorneys-in-fact shall also have the powers set forth below.
3.02 My joint attorneys-in-fact may collect and receive,with or without the institution of suit
or other legal process, all debts, monies, gifts, objects, interest, dividends, annuities and demands
that now are due or may hereafter become due,owing or otherwise payable or belonging to me. My
joint attorneys-in-fact may use and take all lawful actions in my name or otherwise to recover the
same and to compromise the same.
3.03 My joint attorneys-in-fact may sell,convey,lease,exchange,mortgage,pledge,release,
hypothecate or otherwise deal with,dispose of,exchange or encumber ANY OF MY PROPERTY,
EITHER REAL OR PERSONAL. This shall include the power to borrow money or otherwise
obtain credit,upon such terms,conditions and covenants as my joint attorneys-in-fact considers to be
appropriate.
3.04 My joint attorneys-in-fact may appear on my behalf in any litigation in which I am or
may become a party during the duration of this General Power of Attorney.
3.05 My joint attorneys-in-fact may give discharges,releases, consents and receipts on my
behalf.
3.06 My joint attorneys-in-fact shall have the power to deposit funds in my name in any
banking or savings institution or in any money market account, whether or not insured.
1
3.07 My joint attorneys-in-fact shall have the power to pay any and all bills, accounts,claims
and demands now due by me or becoming due by me subsequent to the execution of this General Power
of Attorney. In connection therewith,my joint attorneys-in-fact may withdraw funds from and draw and
sign checks in my name upon any bank or trust company,savings institutions or money market fund in
which I may have any funds on deposit or in any new account opened in my name.
3.08 My joint attorneys-in-fact may endorse all checks drawn to my order for deposit in any
account in which I have funds on deposit.
3.09 My joint attorneys-in-fact shall have the power to hold,invest,reinvest and otherwise deal
with and manage all property in which I have any interest.
3.10 My joint attorneys-in-fact shall have the power to transfer or surrender any securities which
I may own. In connection therewith, my joint attorneys-in-fact may execute in my name or on my
behalf any stock power or other instrument in order to effect any such transfer or surrender.
3.11 My joint attorneys-in-fact shall have the power to enter into or renew any agent or
custodian agreement with any bank or trust company at my expense for the investment or safekeeping of
any property. This shall include the power to revoke any agency or custodian agreement, whether the
agreement is entered into by me, by my joint attorneys-in-fact or by any other person.
3.12 My joint attorneys-in-fact shall have unrestricted access to,and the right to enter into,any
safe deposit box, vault, storage warehouse or other depository which I may own, which may be
registered in my name or in which any property may be held for me.
3.13 My joint attorneys-in-fact shall have the power to bargain for,contract for,purchase,receive,
lease or otherwise acquire in my name, for my account or on my behalf property of any kind, real or
personal, tangible or intangible,including,but not limited to,United States Treasury Bills,Notes,Bonds
and other obligations of the United States Government or any of its agencies which may be used,pursuant
to§6312 of the Internal Revenue Code and the Regulations thereunder(as the same may be in effect from
time to time), in payment of the tax imposed by §2001 of said Code as it may be in effect from time to
time.
3.14 My joint attorneys-in-fact shall have the power to prepare,make,execute and file any and all
federal, state, local or other tax returns, claims for refunds or declarations of estimated tax. This power
shall include the power to represent me(directly or through attorneys, accountants or other agents)in any
matter before the Internal Revenue Service or any other federal, state or local agency. In connection with
such representation,my joint attorneys-in-fact may execute consents extending the statutory period for the
assessment or collection of taxes, may pay all taxes and interest thereon which I may properly owe or
which may be assessed against me and may contest the validity of any proposed assessment.
2
3.15 My joint attorneys-in-fact shall have the power to execute,seal,acknowledge and deliver any
instruments,documents or papers deemed necessary,advisable or expedient with respect to any property.
3.16 My joint attorneys-in-fact may act in all matters with respect to all powers described herein as
freely, fully and effectively as I could or might do personally if present and of sound and disposing mind.
SECTION 4. Ratification; Use of Photocopy; Revocation of Prior Powers
4.01 I hereby ratify,allow,acknowledge and hold valid all acts taken by my joint attorneys-in-fact
pursuant to this power.
4.02 I hereby authorize the use of a photocopy of this General Power of Attorney, in lieu of the
original copy executed by me, for the purpose of effectuating the terms and provisions hereof.
4.03 Notwithstanding any other provision of this General Power of Attorney, my joint
attorneys-in-fact shall have no rights or powers hereunder with respect to any act, power, duty, right or
obligation relating to any person,matter,transaction or property owned by me or in my custody as a trustee,
custodian, personal representative or other fiduciary capacity.
4.04 I hereby revoke,annul and cancel any and all general powers of attorney previously executed
by me, if any, and the same shall be of no further force or effect. However,I do not intend in any way in
this instrument to affect,modify or terminate any special,restricted or limited power or powers of attorney
I previously may have granted in connection with any banking, borrowing or commercial transaction.
4.05 This General Power of Attorney is executed and delivered in the State of Colorado,and the
laws of the State of Colorado shall govern all questions as to the validity of this power and as to the
construction of its provisions.
4.06 This instrument is to be construed and interpreted as a general power of attorney. The
enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers
herein granted to my joint attorneys-in-fact.
�
WITNESS WHEREOF, I have exec ed this General Power of Attorney this
J day of
, 2003. //////nn//
DONALD J HERWOOD
PRINCIP
3
STATE OF COLORADO )
)
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this / !'
2003, by Donald J. Sherwood. day of GL
Witness my hand and official seal.
My commission expires: ��.9
,e-ric—C2(4. .7
otary Public
SPECIMEN SIGNATURE OF JOINT ATTORNEYS-IN-FACT atknicnr-lOgCHARLES D. SAXYON- •
ATTO Y-IN-FACT
le 11"1
KENNETH L. BACHMAN
ATTORNEY-IN-FACT
4
a
CLERK TO THE BOARD
PHONE (970) 336-7215, EXT.4225
FAX: (970) 352-0242
1 P.O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
January 20, 2004
DONALD J. SHERWOOD
C/O CHARLES D. SAXTON - KEN BACHMAN
PO BOX 795
LONGMONT, CO 80501
RE: SCHEDULE NUMBER R1375802
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: PTN2 18-2-68 LOT B REC EXEMPT
RE-3229. The meeting is scheduled for February4,2004, 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 approve 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,
/44
Donald D. ar en
Clerk to the Board
j-corh-r-
Deputy Clerk to the Board
cc: Assessor
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