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HomeMy WebLinkAbout20041361 RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITIONS FOR ABATEMENT OR REFUND OF TAXES - EQUUS FARMS, INC. (SCHEDULE #R4217286) 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 10th day of May,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 Michael Sampson, and taxpayer Equus Farms, Inc., 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: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $9,932.00 $829.85 2001 BE IT FURTHER 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 not be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0 $0 2002 2004-1361 AS0057 TAX ABATEMENT PETITION - EQUUS FARMS, INC. (SCHEDULE #R4217286) PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 10th day of May, A.D., 2004. BOARD OF COUNTY COMMISSIONERS _�® ���� WELD COUNTY, COLORADO ATTEST: �� "eje �� aAt c?Aci Robert D. Masden, Chair Weld County Clerk to the Board , a William rke, Pro-Tem >% ty Clerk to the Board n/7 ISTOF.�. M. J. ' e�C6 Iasi ' n F^ 1 J . �J \y\ _� U/ `�� ® 4 David Long O •.ntyAttorney Glen aad Date of signature: 'S=/9-72/ 2004-1361 AS0057 ,m457515 60h1p • PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. n County Name Weld DateRyQ�ceived Use As E o i e ' ED DEC 0 4 2003 PETITIONER: Complete Section Ion this side only WELD COUNTY ASSESSOR Section I: Greeley, Colorado Date: December 2, 2003 Month Day Year Petitioner's Name: Equus Farms, Inc. Petitioner's mailing address: c/a 1st Net Real Estate Services.Inc., 2255 South Wadsworth Blvd. Ste. 108 Lakewood CO 80227 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R4217286 4044 all 17 4 61 inc former UPRR r/w et al Parcel#: 104717000016 Petitioner states that the taxes assessed against the above property for property tax year 2001 and_ 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. Please review the 2001 actual value, which is currently$400,529. This value was entirely assessed at agricultural rates, resulting in a tax bill of$3829.24. The 2002 value was based on reclassifying the property, with some as commercial, then the 2003 tax year, reclassified the commercial portion to residential. After reclassification (with $210,463 classified as residential, and the remaining$87,098 classified as ag),the total assessed value in 2002 was (or should be)$35,648. Using the 2001 mill levy of 83.553 mills, the property tax should have been $2978.50. Instead,the taxes paid for that year were$3829.24. To reflect true market value as of June 30, 2000, and to ensure equitable property taxes for the owner, we request that the value be reduced to$297,561, with$210,463 classified as residential, with the remainder classified as ag, resulting in a property tax refund of$850.73 plus interest. Petitioner's estimate of actual value $ 297.561 J 2001 j 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. Daytime Phone Number( Petitioner' Ignature /J By /`/ � Mike Walter Daytime Phone Number( 720) 962-5750 Agent'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.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: Assessor's Use Only Tax Year Assessed Value oTax Original 45'S S3O eto 9. ay 2004-1361 Corrected tr3 j 19r izq?7 .39' L Abate/Refund , c1-7Z- -11V- 9. 51S 1(FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY) -' 1 1•r 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 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. S ction II: Assessor's recommendation: Approved or 0 Approved in part $ tto protest filed in . (If a pistest was file I-please attach a copy of NOD.) o Denied for the following reason(s): owe /�l'e. Matt WAR' Na 7-4y€44Q -zoo/ Ale Are reeommi /7 me 4op vaL of yAis,9+ is eat Assessor's or Deputy Assessor's 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 presenUnot 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 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 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; 0 Approved in pad $ ; 0 Denied for the following reason(s): -Secretary's Signature Property Tax Administrator's Signature O.WSW.UBATeFORMREV1-2000 . . • 1 M41s7eRs amp PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. County Name Weld Date Received 1003-339 Use TIE ceommissioners'Date Stamp DEC 0 4 2003 PETITIONER: Complete Section I on this side only Section I: WELD COUNTY ASSESSOR Greeley, Colorado Date: December 2. 2003 Month Day Year Petitioner's Name: Equus Farms, Inc. Petitioner's mailing address: do 1st Net Real Estate Services.Inc.. 2255 South Wadsworth Blvd. Ste. 108 Lakewood CO 80227 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R4217286 4044 all 17 4 61 inc former UPRR dw et al Parcel#: 104717000016 Petitioner states that the taxes assessed against the above property for property tax year 2002 and 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. Please review the 2002 actual value, which is currently$297,561. Of that number, $210,463 is classified as commercial, but should be classified as residential. The valuation is ok, but the$210,463 should be assessed at the residential rate of 9.15%, rather than the commercial rate of 29%, resulting in an overpayment of tax of$3,335.51 (based on the 2002 mill levy of 79.841 mills). To represent fair market value as of June 30, 2000,we respectfully request that the subject's value remain at$297,561, but that the commercial classification be changed to residential, and that a refund of$3,335.51, plus interest, be issued (tax bill was $6181.29 but should have been $2845.78). Petitioner's estimate of actual value $ 297.561 f 2002 ) 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. Daytime Phone Number( ) // Petitioner's gnature By / `T /c,)‘,' Mike Walter Daytime Phone Number( 720) 962-5750 Agent'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.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: Assessor's Use Only Tax Year Assessed Value Tax Original Corrected Abate/Refund (FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY) b;z 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 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 $1,000, Section II must be completed. Submit an original petition and a copy to the Division of Property Taxation. Section II: Assessor's recommendation: o Approved or o Approved in part$ jig protest filed in . (If a pro est was filed, please attach a copy of NOD.) [Denied for the following reason(s): /3„ yze A/� trig^ ,,atAka ,;l Rdc 2 v ite i&1ue ei ern?, G�eo t (e jr ns p". I std ;rase At-T XlW1 d n so• terrn,,vas an $eRe 7 -a Assessor's or Deputy Assessor's 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/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 year . The taxes to be abated or refunded are $ which represents an assessed value of Chairperson of the Board of County Commissioners'Signature , 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 Cleric'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 oApproved; o Approved in part $ ; o Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature GiusR\.UBATEFORMREV1-2000 rectit,t_ CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970)352-0242 P.O. BOX 75858 GREELEY, COLORADO 80632 C. COLORADO April 22, 2004 EQUUS FARMS, INC. CIO 1ST NET REAL ESTATE SERVICES, INC. Attn: MIKE WALTER 2255 SOUTH WADSWORTH BLVD. SUITE 108 LAKEWOOD, CO 80227 RE: SCHEDULE NUMBER R4217286 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petitions for abatement or refund of taxes on the property described as:4044 ALL 17 4 61 INC FORMER UPRR R/W ET AL. The meeting is scheduled for May 10, 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 deny your petition for the year 2002 and approve your petition for the year 2001. 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. Sinc e��D�l'/NU. t Donald D. Warden Clerk to the Board BY: (_� l��s �il� Deputy Clerk to thecEida cc: Assessor Mike Walter rite t 5 (1.- CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 I FAX: (970) 352-0242 P. O. BOX 758 C GREELEY COLORADO 80632 COLORADO May 21, 2004 Equus Farms, Inc c/o 1st Net Real Estate Services, Inc 2255 South Wadsworth Blvd, Ste 108 Lakewood, CO 80227 RE: SCHEDULE NUMBER R4217286 Dear Property Owner: On May 5th, 2004, the Board of Weld County Commissioners considered your petition for year 2002 abatement or refund of taxes and denied same. The petition for year 2001 was approved for $829.85 and will be forwarded to the Weld County Assessor's Office for payment. 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. Ve truly yours, ��� /��hiA onald D. Warden, Clerk to the Board / . t Deputy Clerk to the Board cc: Assessor Mike Walter Hello