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HomeMy WebLinkAbout20042375.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - AFFORDABLE COMMUNITY HOUSING TRUST - ZETA, C/O LAYNE MANN 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 11th day of August,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 Affordable Community Housing Trust-ZETA,do Layne Mann, 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 $1,875,075.00 $13,398.47 2003 (10 OC, a)-O`-/ 20 AS0057 0057 (C ; /15,/��� rU a2C7-(1ei TAX ABATEMENT PETITION - AFFORDABLE COMMUNITY HOUSING TRUST - ZETA, C/O LAYNE MANN PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 11th day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS � ��'`/" WELD COUNTY, COLORADO Ro�bbOert(�DD.. Masden, Chair lerk to the Board e 1 1861 William Jerke, Pro-Tem et 27 �� Ierk to the Board /M. J. e PRO ASTOF CA. C David E. Long my A to ey Glenn Vaad Date of signature: _, Y 2004-2375 AS0057 RECEIVED PETITION FOR ABATEMENT OR REFUND OF TAXES JUN 2 2 2004 (Must be filed in duplicate and all questions must be answered) WELD COUNTY ASSESSO Petitioners:Complete this side only. Greeley, Colorado Greeleyii ,Colorado, June 21, 2004 City or Town (Date) To The Honorable Board of Commissioners of Weld County .. Ladies/Gentlemen: J tY The petition of Affordable Community Housing Trust - ZETA i!"` whose mailing address is: c/o Layne F. Mann, Attorney, 7475 W. Fifth Avenue . Suite 321 Lakewood Colorado 80226 City or Town State Zip Code I SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL R3459986 Woodside Village Apartments 2449 Ash Avenue, Greeley, CO respectfully requests that the taxes assessed against the above property for the years 2003 , are erroneous,illegal,or due to error in valuation for the following reasons: I. Describe specifically the circumstances surrounding the incorrect value or tax, including owner's estimate of value. (Attach additional sheets if necessary) Owner's estimate of value = $4,800,000 This estimate of value is based on: 1) agreement with County Assessor's Office, 2) owner's purchase price of $3,400,000, 3) appraisal of the property at $3,500,000, 4) rent restrictions in place on the property, and 5) consideration of base year sales comparables. 2003 Year Year Value Tax Value Tax Orig. $6,675,075 $47,698.56 Abate $1,875,075 $13,398.47 Bal. $4,800,000 $34,300.09 Therefore the petitioner requests that the taxes may be abated or refunded in the sum of$ 13,398.47 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. Affordale Community Housing Trust-ZETA Address 7475 W. Fifth Avenue, Suite 321 Petitioner /J• y,/J Lakewood, CO 80226 By --`vo.,— �' /A++.---__ 6-21-04 Daytime phone number 303-233-8533 • Layne F. Manrtgent Date 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[15DPT(66-93)] t9 `o,jl Bradford Publishing,1743 Wane St.,Denver,CO 80202-(303)292-2500—www.bradfordpublishing.com—8-01 (Complete either Section I or Section II) RESOLUTION OF COUNTY COMMISSIONERS 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. 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$1,000,Section II must be completed. Section II:Assessor's recommendation: approved—No protest filed in Ztt3 (year) or (year)); ❑ approved in part$ ( enied for the foil wing reas n(s). Note: If a protest was filed please attach copy of NOD. * / e Rear-eCT"iad ak? AS Such sh gild he ale el c ` cceui �S S✓/�/e �/.�-Jule ��P�CCa cr,�t�➢-v�>' 7 $ Py S . l�ecorvte&l fr evmAG . By: ,X(A re,- Assessor 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. 1, ,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 r�9 Denver, Colorado, • The action of the Board of County Commissioners, relative to the within petition, is hereb approved; ❑ approved in part$ ❑ denied for the following reason(s). ; LAYNE F. MANN ATTORNEY AT LAW 7475 WEST FIFTH AVENUE,SUITE 321 LAKEWOOD,COLORADO 80226 Telephone: (303)233-8533 Fax: (303)233-3065 June 21, 2004 Chuck Jack Commercial Real Estate Appraiser Weld County Assessor's Office 1400 N. 17th Avenue Greeley, CO 80631 RE: Woodside Village Apartments, 2449 Ash Avenue, Greeley Weld County Real Estate Tax Account #R3459986 Weld County Parcel #096116300003 Dear Mr. Jack: This is to confirm that the owner of the referenced property, Affordable Community Housing Trust-ZETA, is in agreement with a total actual value of$4,800,000 on the referenced property for assessment years 2003 & 2004. It is my understanding that the Weld County Assessor's Office will issue a notice of determination in response to the 2004 assessment appeal we filed on the property during the month of May, 2004, reflecting a revised total actual value for the property of $4,800,000 for the 2004 assessment year. Enclosed is an original and a copy of a completed and signed Petition for Abatement or Refund of Taxes on the property for assessment year 2003. It is my understanding the Weld County Assessor's Office will recommend a revised 2003 total actual value of $4,800,000 for the property to the Weld County Board of Commissioners in response to this Petition. Please call me if my understanding as recited above is inaccurate or if you have any questions. Sincerely, 1 Layne F. Mann LFM/dg Flay 14 04 OOotl4e p• 1009 IR OR AOTELOSMUON Apra 21.2004 TO WHOM LT MAY COL : This certifies that Layne P.Ma property ter soh&attorney,is authorized in either capacity to represent the Imitative&owner%the review andlor appeal ofthe property UM taitancrit relating to the fo►leuvmg real estate aft is year 2004& year 2003: 2449 Mb Aron°,Croaky Weld County Rat Es ScheduleaaM59986 'mss ateatittaket inane=Sc oat to min CountY ask p. to S Fie any Se appeal;n aa> redrepaysi dOns and repays h rear be held in retard to the appeals. AFFORD HOUSINGTRUST,ZE'LA Lefr CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-0 352-024242 P.O. BOX 758 ' GREELEY, COLORADO 80632 C. COLORADO July 26, 2004 AFFORDABLE COMMUNITY HOUSING TRUST - ZETA O/O LAYNE F. MANN, ATTORNEY 7475 WEST FIFTH AVENUE, SUITE 321 LAKEWOOD, CO 80226 RE: SCHEDULE NUMBER R3459986 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:WOODSIDE VILLAGE APARTMENTS 2449 ASH AVENUE, GREELEY,CO. The meeting is scheduled for August 11,2004,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. Since Donald D. Warden Clerk to to the Board By. /Q.- l ,' 1. '/ Se/1-,e111-L,De puty Clerk to' he Board cc: Assessor LAYNE F. MANN 2004-2375 Hello