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Home My WebLink About20030269.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - EVERITT ENTERPRISES, INC. 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 29th day of January, 2003, at which meeting there were present the following members: Chair David E. Long and Commissioners M. J. Geile, William H. Jerke, Robert D. Masden, 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 Stan Jantz, and taxpayer Everitt Enterprises, 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 refund be allowed as follows: ASSESSED TOTAL TAX VALUATION TAX AMOUNT YEAR $17,890.00 $1,664.16 2001 2003-0269 AS0054 TAX ABATEMENT PETITION - EVERITT ENTERPRISES, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of January, A.D., 2003. BOARD OF COUNTY COMMISSIONERS /�� WLO TY, COLORADO ATTESTIA /d'(/� �'a I it yj I 0. cc?, David E. Long, Chair Weld County Clerk to th. :,. `' '� +rc i- EXCUSED r. 4 kr r� Robert D. sden, Pro-T m BY: �_e* w' t .s Deputy Clerk to the Bo ../ l . J. eile AFCI;R ED AST /��° William H. Jerk nt Attorney p4414 ` e Glenn Vaad Date of signature: a�a 2003-0269 AS0054 i _ PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. / a�a -3171/ County Name Weld Date Received Use Assessor's or Commissioners'Date Stamp RECEIVED PETITIONER: Complete Section I on this side only 0CT 2 1 2002 Section I: Date: 9 9 2002 WELD COUNTY ASSESSOR P Month Day Year GREELEY, COLORADO i Petitioner's Name: Everitt Enterprises Inc. G`' Petitioner's mailing address: C/O BRIDGE 8 ASSOCIATES. PO BOX 280387 LAKEWOOD CO 80401 City or Town Stale Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R00068387 2412 W. 10th Street 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 it necessary. Actual income will support a value no higher than $1,080,000. (see attached) Petitioner's estimate of actual value $ 1,080,000 12(a1_1 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. (se attached auth rizatlon) Daytime Phone Number( ) Petitioner' I nature By _ 0.,497' ...,/ Daytime Phone Number 1303 )237-8997 A nt's Ignatius' "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 a00 / :-C'O I LEvy 93 . 0.2.2- Tax Year Assessed Value Tax Original 3 S 3/aR g0 I'357 6,57-1- 9t, Corrected (25 oO 134 79O. Abate/Refund /71 cy1) -5 /� ek,�/- i() 2003-0269 (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 Value Du! 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' gna, e _.. Date/9 s' — je — o.2 a a Date If Section I is not co •'I` a 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: pproved or U Approved in pad $ o protest filed in . (If a protest was filed, please attach a copy of NOD.) U Denied for the following r_eassR(s): z9,55€55x2 s/'r , Alit/d. fie q,jeS75 44,74/At. 2)4 e 70 s�row/rorCr,ijintn"�f Ale -Zao/'aef7 ,7e fie 4-S zcez `. 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 $ . I Chairperson of the Board of County Commissioners'Signature I, , 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 - 6 0_3 Month Day Year The action of the Board of County Commissioners, relative to the within petition, is hereby . •pprovei, U Approved in part $ ; ti Denied for the following reason(s): / ,_44 Q/1G/ . Secretary's Signature Prop rty Tax Administrator's Signature 13%USfa..1AbATEWORrAdEVb]aW RESOLUTION RE: THE BOARD OF EQUALIZATION, 2002, WELD COUNTY, COLORADO -ADJUST VALUE IN PART PETITION OF: EVERITT ENTERPRISES INC 51% INT & ATTENTION DON PO BOX 2125 FORT COLLINS, CO 80522 DESCRIPTION OF PROPERTY: ACCOUNT#: R0068387 PARCEL*: 095912101046 - GR 1W1-A 1-A ALL TR A 1ST WESTVIEW EXC W100' S81.2' ALSO N20 L7 & W10' L9 & ALL L10-11 BLK3 1ST WESTVIEW (PT WESTVIEW SHOPPING CENTER) SITUS: 2412 W 10 ST GREELEY 80631 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 2002, 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 2002, 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 Dan George, 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 $ 421,960 $ 421,960 Improvements OR Personal Property 899,728 838,048 TOTAL $ 1,321,688 $ 1,260,008 2002-2100 AS0052 RE: BOE - EVERITT ENTERPRISES INC 51% INT & 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), CRS) 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), CRS) 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, CRS) 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. 2002-2100 AS0052 RE: BCE - EVERITT ENTERPRISES INC 51% INT & Page 3 Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the OBOE 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 OBOE. 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 1' day of August, A.D., 2002. BOARD OA� OF COUNTY COMMISSIONERS WW.42:0/OU/tea'\COLORADO w`w„v"�L� 71(( GIeVaai�Giia /i`(' x1861 ( , � c• . l 1 • • j ric to the Board Fib/L�,� i David E. Long -Tem ��•'r'�Clerk to the Board . J. ei APPROVED AS TO FORM: 4fr a __, glas l/1 Willi m H.. Jerke Assi nt Gourd Attome ir' Robert 0. Masden Date of signature: !-$14 - 070_ 2002-2100 AS0052 � LU QIJUG uc uo•40 nil wtx1II UUl1YH111CJ hAX N0. 197027;4156 P. 05 9!/25/2802 28:18 303-" . 7 BRIDGE AND ASSOS PAGE 02 AUTSORIZADOX TO APPIAR UIORI TMWILD COUNTY AMIRSIOR The ad eatwPeaee•e sang CCCWIY WARD ORtqUALIZATION Slip£Aewdret I=COLORADO BOARD Cf AaaOOIt4P APPIALB PO Stamm AND ALL C060RADn STAIR COURTS Land CO CI vet OP'>at O W1tn Gram ID OF Iizasseelatilr I moss a ASSOCIAr.S PROP€A T Y TAr MIMES 1 _ Man Lin owner at agent dein tamer of real property elm m Pr am Lccowd Z sod dcsSWed as 9ehande No.(s) Van amid.Sdudule 4 R21Mlea_ 2412W.it. isgsaktScio bensby maxims Ed* Anoints to represent my amen and to appear at my brL ifbefors dm Weld Corny Assessor.tare Weld Comity Band of Equatirarcn,the Canada Board of Asaessmed Appals and all Colorado stag courts far puppies which ame firm my matter(s)amen%the valuation and taxation of the Property for ax years 2002.2001,2000 and 1999 as allowed by applicable Colorado law and that tries and rgprhtioes of the abovenfaeneed Sam I further authorize Bridge &Associates to appose as a wftmas at all formal or info and bearings of the above referenced eatiiies and to testify as to the valuation of the Pzopaty and to the accuracy of my factual to on submitted at my behalf m rxmte tioa wid the Ptoprsry. The wadmivied regatlts that copies of all decisions from the Weld County Assessor. the Wad County Board of Egaa6usioa,and the Colorado Bose of Assonant Appeals be marled to: Bridge St Associates, PO Bra 250367,Lakewood CO 302711. Funkier, fie =demigod =pretty re eons all previous authorizations relating to the Property and te anbject atatmrs referent herein. This authorization Mail rennin a effort nail :his author:mion is rimmed in a wi tsem ias>tumatt executed by the undersigned. Datedtbis 2-1? T1)" day of 20°i— / =vetiC lmeeone a In&/Everitt Fsamrides.km. (Owner)) By Tile fret CA 4 .n..Zr-' Phone: 77c>— Yr<6— /re a STATE OF COLORADO ) ) SS COUNTY OF ) Sward to and subscribed tee me this day of 20,by Witness my bond ad official seal. My Commission expire • Nay Public Address_ Dew rat..Camay as eosearis .SOS ms area co wale•pr.aoaasenw• /*WM= OM 0.w a Swoons,ae.34 onwae CO or•ohms 3332117SIO• 4e 300.573,7050 wens*roan•1 K sal S..UN 204 OWNS a..cc CO neat•*ea ass wars /j* (11;1:1 • CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO January 15, 2003 EVERITT ENTERPRISES INC C/O BRIDGE AND ASSOCIATES PO BOX 280367 LAKEWOOD, CO 80401 RE: SCHEDULE NUMBER R00068387 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: 2412 WEST 10TH STREET. The meeting is scheduled for January 29, 2003, 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, Donald D. Warden Clerk to the Board JI BY: (p/1X'.71.t.�, ir.Q' Deputy Clerk to the Board cc: Assessor Hello