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Home My WebLink About20032280.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - ADJUST VALUE IN PART PETITION OF: ELMORE ELMORE & SPELTS PROPERTIES LLC P O BOX 7359 LOVELAND, CO 80537-7359 DESCRIPTION OF PROPERTY: ACCOUNT#: R1011201 PARCEL#: 146703000050 -FRE PT NE4NE4 3-1-68(WAGONER ANNEX)BEG NE COR SEC S82D03'W 884.68'TO S LN HWY 52 & TPOB TH E ALG S LN HWY 52 ALG CURVE TO LEFT (R=5680) CHORD=S85D45'E 70' SO4D35'W 435.97' N85DW 300' TO SE COR L4 PURITAN PLACE COMMERCIAL SUB N04D37'E436.26' 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 propertywithin Weld County,fixed and made by the County Assessor for the year 2003, 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 year2003,claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS,said petitioner being represented by Greg Evans,Bridge and Associates,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 Board of Equalization,that the evidence presented at the hearing supported, in part,the value placed upon the property by the petitioner. The assessment and valuation of the Weld County Assessor shall be, and hereby is, adjusted as follows: ACTUAL VALUE AS DETERMINED ADJUSTED BY ASSESSOR ACTUAL VALUE Land $ 1,283,992 $ 457,541 Improvements OR Personal Property 542,459 542,459 TOTAL $ 1,826,451 $ 1,000,000 2003-2280 AS0055 �'� '. /9S,c4, PErgt p RE: BOE - ELMORE ELMORE & SPELTS PROPERTIES LLC 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 thirty (30) days of this resolution: 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 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 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 for a 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. 2003-2280 AS0055 RE: BOE - ELMORE ELMORE & SPELTS PROPERTIES LLC 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 4th day of August, A.D., 2003. �� BOARD OF COUNTY COMMISSIONERS �� /�"vv D COUNTY, COLORADO ATTEST: AYE D id E. Lo , Chair Weld County Clerk to the Board i AYE R bert sden, Pro-Tem ID - a�f, Z. the Bo. . AYE P 18 ,•s M. J. Geile � 1 ��- (AYE) William H. Jerke my / Ad( NAY Glenn Vaa Date of signature: 2/0i/E 1 2003-2280 AS0055 • NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR H 7th AVE. O14GREELE FRE EG4NE4 S 68 (WAGONER 53-3845,Co O6 1 �'\\I ANNEX)) BEG NE COR SEC S82D03 'W PHONE(9700NORTH1 {T.3650 884 . 68' TO S LN HWY 52 & TPOB TH E ALG S LN HWY 52 ALG CURVE TO LEFT Wm C. 504D350W 435CH 0 ' N85DW 300 ' TO SE COLORADO OWNER: ELMORE ELMORE & SPELTS PROPERTIES LLC BRIDGE & ASSOCIATES LOG 4847 820 SIMMS ST #12 PARCEL 146703000050 ACCOUNT R1011201 GOLDEN, CO 80401-4472 YEAR 2003 Owner: ELMORE ELMORE & SPELTS PROPERTIES LLC The appraised value of property is based on the appropriate consideration of the approaches to value required by iaw. The Assessor has determined that your property should be included in the following category(ies): 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 hearings. 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: A 1982 Colorado constitutional change requires commercial property to be valued based on actual value and assessed at 29-g . Replacement cost, market, and income are approaches used to determine the actual value of your property. Your valuation is supported by the appraisal procedures required by law. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW COMMERCIAL 1826451 1826451 • • TOTALS $ Limonco $ 1826451 $ 1826451 APPEAL DEADLINES: REAL PROPERTY-JULY 15,PERSONAL PROPERTY-JULY 21. 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(I)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. By: Stanley F. Sessions 06/26/2003 WELD COUNTY ASSESSOR DATE 15-DPT-AR Form PR-207-87/03 ADDITIONAL INFORMATION ON REVERSE SIDE 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 FOR REAL PROPERTY, AND JULY 21 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 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 11. 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 YOU APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. Petitioner cannot support anything higher than $1,000,000.00. BRIDGE 8i ASSOCIATES FOR ELMORE ELM E & SPELTS PROPERTIES LLC ATQIFE'6�PE DA It 7/9/O Hello