HomeMy WebLinkAbout20032105.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
MORNINGSTAR FOODS INC
C/O ASSOCIATED TAX APPRAISSERS
P O BOX 56561
HOUSTON, TX 77256-6561
DESCRIPTION OF PROPERTY: ACCOUNT#: R3565386 PARCEL#: 096117404011 -
GR 12560-L L6-7-8 BLK2 GREELEY IND SUB %2400 5 AVE% SITUS: 2400 5 AV 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 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 year 2003, 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 Ron Little, Associated Tax Appraisers,
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 Weld County Board of Equalization, that the evidence presented at
the hearing clearly supported the value placed upon the Petitioner's property, after review by the
Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and
derived according to the methodologies, percentages, figures and formulas dictated to the Weld
County Assessor by law. The assessment and valuation of the Weld County Assessor shall be,
and hereby is, affirmed as follows:
2003-2105
AS0055
CAP qs; (Ai Per; A---10
RE: BOE - MORNINGSTAR FOODS INC
PAGE 2
ACTUAL VALUE
AS DETERMINED
BY ASSESSOR
Land $ 72,000
Improvements OR
Personal Property 251,360
TOTAL $ 323,360
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 30 days of the denial:
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.)
2003-2105
AS0055
-
RE: BOE - MORNINGSTAR FOODS INC
PAGE 3
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.
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 $150.00 per case. The arbitrator's fees and
expenses, not including counsel fees, are to be paid as provided in the
decision.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of July, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
,� �C ''•` La�7 �Adit EXCUSED
Davi E L ng Chair
nt k to the Board
►1861
Robert D. Mas ±-Tem- �
b 'perk to the Board
— M. J. G 11
e
APPROVED AS TO FORM:
' William H. Jerke
As taut C my Attorney4
G�/
Date of signature: %-�/
2003-2105
AS0055
O7/O1/2OO3 12:58 713-621-2485 ASSOC TAX APPRAISERS PAGE 05
NOTICE OF DENIAL or=ICEOF cowrie-A$SSSsOR
1400 NORTH 17th AVE.
a GR 12560—L L6-7-8 BLK2 GREELEY IND. GREELEY,CO 80631 s
,et a° SUB L2400 5 AVER SITU$ : 2400 S AV NE(970)3533843,EXT.3650
+� GREELEY 80631
huRt _
COLORADO • OWNER: MORNINGSTAR FOODS INC `1 '
M RNINGSTAR FOODS INC LOG 1253
P O ASSOCIATED 6 TAX APPRAISSERS Re(,`E/VED ACCOUNT O961174O4O11
65386
HOUSTON, TX 77256-6561 ./14 0
' YEAR 2003
2003
• ATA •
The appraised value of property is based on the appropriate Consideration of the approaches to value required by law. The Assessor hes determined that
your property should be included in the following category(ics); .
Commercial property is valued by considering the cost, market, '
and income approaches.
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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 fora 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 re ires -cottmercial .property to be valued
based on actual value and assessed at 29k.• 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 bylaw.
t
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE
' OP VALUE ACTUAL VALUE ACTUAL VALUE
r' PRIOR TO REVIEW `APTER REVIEW
CONjERC,SAFL • -.. , 323360 323360
.
t„ .
TOTALS $ $ 323360 $323360
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 Hoard of Equalization for further consideration,39-8-
1O6(I)O),C.R.S. Please sae the back of this form for detailed information on filing your appeal.
By: StasleyF.Sessions O6/26/2OO3
WELD COUNTY ASSESSOR DATE
15-DPT-AR
Form PR-20747)O3 ADDITIONAL INFORMATION ON REVERSE SIDE
r a 002
06/23/2003 13:33 FAT
402 476 4923 P.
MAY-16-2003 '10:36 NEBRASKA T1TLE COMPANY
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U.S.Department of Rousing
A. Settlement Statement and Urban Deeelopmcnt
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OMB No.2502-0265(Page 1)
R.Type of Loan
1.0 FHA 2.0 PmHA 3.0 Cony Unlns 6.File Number 7.Load Numbs 8.Mortgage Ins CubNumber
a.O VA 5.0 Cony be. 6.0 Seller Finance 0217388 - -
C.Note: This form Is rurnlahed to give you a statement of actual settlement costa. Amounts paid to end by the settlement agent a.e shown herrn marked"(p.o.c.)'
was paid outside the(diming;they ars shown hors for infonnationat put-poem and are not included in the total..
D.Name and Address of Borrower E.Nome,Addrem,end Tax ID Numbers of Seller F.Name and Address of Lender
Sentiment Foods Group,L.P.,a Delaware Limited DPP LTD.,a.Oda Unmet,p.rtn.rlNp
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Partnership 67 Mstt.rym.rch Strom, 2nd Floor
2515 McKinney Avenue, Suite 1200 Beemp.MA 02110
Leekbou 30 Tai lit 8
Della;TX 75201 _
0.Property Location(Complete address,includint kph description.It necessary) U.Settlement Await Name.Addrets said Tax ID Number
Nebraska.'fine Company
Lincoln Land Company's Sub•I L7,111 Lincoln,Lots 13,3,4.5,6&7.de 633 8-rim Strn 4
Lbiol.,Block 71,Let 5 LANCASTER County - Lloyd's.NE 68501 Tax ID;91-1857640
Lincoln.NH 66508 -
SmAddendum Plane of:iculen%nt I.Settlement Date
Nebroab.'nu.Company 5/210.003
633 South Ninth Street Fund:3/11/2003
Uneoln,Nt 66508
J.Summary er borrower's Transaction. IC.Summary of Seller.'Transaction
100.Grose Amount Due from Borrower 400.Gnus Amount Duo to Sailor
lot. Contract Salo Pries 5350,000.00 40,. Contract Sales Price 5350.000.00
102. pasoosl Property 402. Penton.'Property
103. Settlement Ctsarges to borrower 564150 403.
104. 404. .
105. 405.
Adjustments for Items paid by Beeler In advaace Adjustments for Item.paid by sonar he.draoc.
106. City progeny taus 406. CHy property sae
107. County property taxes • 407. County property taxes ,
108. Assessmmt'Taxes 401. As.cssn'lab Taxis
109. School property taxes 409. ScJho01 property loam
110. MUD saxes 410. MUD Dates
III, Otmr Vexes - A11. Other taxer -
112. 412.
113. 413.
114. -
414.
115. 415. - a
E
116. 416. r
120.Oros Amount Due From Borrower 5350.6430 410. Gross Ame.al Due to sealer 3350,000.00
8
-100-Amounts Paid By Orin Babas/Of Borrower 500.Red unions In Amount Due to Seller o
201. Deposit or wmest money • 55,000.00 501. Excess Deposit 1
x02. P dpel+mount of row loan(s) 502. 3culement Charge to Sella(line 1400) 11,779.00 u
203.-Existing bens)taken subject to 503. PslBan3 Laai1(a)Taken subJmt to _
204. Commitment fee • . 504. Palaff of firstmortgsgelean . 4
Thos. 503. Peorf of second mortgage loan 6
206. 306. n
d
207. 507.
206.. 306. p
309.. 509. o
Adjustments fees rtes as unpaid by sells Adjua,menta for lone unpaid by seller n
110. City property taxes 510. Cltypropmtytaxa 6'
11 ..wrypropaty sees 511. County property taxes d
212. fWetrient mxr4 512. Annulment Taxes J:
213. School property taxes . 513. School s'
property taxes y
214. MUD taxes 514, MUD texas e
215. Other taxes ' - 515. O0s taxes 4
216 516.
317. 517. B6
116. - 518. . G
219. 519.
120.Tout raid Dy/For Borrower 33.000.00 520.Teed Reduction Amunt Due Seller 51,779.00 a'
4'
300,Cash Al Sseti me.4 Prom/re Borrows 606 Cash At Settlement To/From Saler
301.Goss Amo.ml Ow from barrows(Hoe 120) 3950,64130 601.Oros;Amount due to Fells(line 420) 3350,800110 d
Th01.LASS amounu paid by/for borrower(line 220)- 55,000.00 602.Lao reduodons in amt der seller(line 320) 51.779.00
303.Cask From borrower 3145,41.50 603.Cull To Seller 3345,321.00
2 EXHIBIT
05/23/2003 13:36 FAX
__ ----- ®003
a
MAY-16-2003 10136.- L NEBRASKA TITLE COMPANY 402 476 4923 P.03
v.•r. Palm
L. Settlement Charge.
700. Total Seles/Broktat Como6aaion hared on price 5350.000.00 41% w 30,00 '
Paid From Paid From
Division of Commission(line 700)as follows: Harrower's Seller's
701. to Panda at late&u da
Settlement Settlement
702- to
703. Conurdss on Paid at Settlement
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goo. name Payable In Cbnameteo watt Loan
got. Loan Onglnatton Foe % to
802. Loan Discount - lea to
803.Appraisal Pa to
804.Credit Rcport to
805.Lenders Inspection Foe to —
BOO.Montage Insurance Applicatlan to
807.Assumption Pee to
SOB.Tex Service Fee to
809.Underwriting Pee 10
810.Flood Certification to
900. Item.Required by Lander T.Ea Pahl In Advance
901.htaagt aom to @ /day
902. Mortgage Insurance Premium for months to
903. Hazard Insurance Premium for yeah to
1000.lineman Deposited Web Lender
1001.Hoard Insurance months CIO por maned
1002.Mortgage incuramce months Si par Month
1003.City property raze monde® par month
1004.County propaty twee months® per month ,
1005.Assenment Ts-was months® per month
loot School property taxes months® per month
1007.MUD cox.. months it pat month
1008.Otte tame months® pm month
1011.Aggregate Ad(uetmcnt
1100- Tlit.Charges
1101.Settlament or closing Pao to Nebraska Tine Company ' 5251.00 $22600
1102.Abstract or title search to
1103.Title examinadon _ to
1104.Tide inauranm hinds CO
1105.Darncat peeper-melon '
w peeper-melono
1106.Notary feu In
1107.Attunes?.fee to
(includes above items number.: )
1108.Tide Insurance ' to Nebraska Title Co enemy ' Seuw
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(includes above]Mint nuntben: )
1109. Landers muaraga 30.00/10.00
1110. Owners coverage $5500m0.00/5655.00
1111.Escrow fee to
1112.Overnight moil fee to a
a
1113.Closing Protec Bon letter to Nebraska Tito Company 525.09 5
I i la.Who Pm to Nebraska Tln.Company 520,00 [
1115.PSt1orsc ao]ts 10 Nebraska Title Company 5375.00
1200. Government Recording andTrassfer Charts ea - • 1
1201.Recording Fees bd 54130 :Mortgage :;Wanes S41.50 <
ea cla
1202.City/county tepytu>pe Deed i Mortgage is tl
1203.Suns usfstenpe Ocod 561250 :Mortgage to LantosMr C.5aty Register el Dad* 561530 - •V
1204.Tax send Oatesto C
1205.Conveyance Fee to le
8
1206.Memo of Least Cancellation-Nina fee to Lancaster County Register of Deeds $4130 �+
1300. Additional Sethi meet Charge.
1301.Survey to
1301e Pt Inspection tob
1400.Total Settlement Charges(cater on When 103,Section S and 505,Section K) $64150 51.779.00
1 have eareciliy reviewed the MUD-I S.Nement Statement and to t e best of my knowledge and belief.It n a gave sod accurate sL lament of oh receipts and
dlthursamonu nude on my aocouna or by ma In this transaction. 1 further mrtify thm 1 have maimed a completed copy of peas 1.2 and 3 of this lux,-] IL
Sattlaantt Soren omn. o
Southern-F.S.Oroys,L,g.a l ware Limited ParershIp by'. DFP LTD.,>n Ohio limi W partnership by. e
1
p:
SST1LgmENT AGENT CERTIFICATION p
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The MUD-i S.momere Statement which Its,"prepared it a Iota and accurate Sonars Taxpayer Idendaeattoe Number Solidlatlea and Cordaunen I:
amount of this man..orlon. I have caused the%bade to bo disbursed in You are required by law to provide the Settlement ASen]named above with e
accord...m Mm dub staren ent your menace taxpayer identification nulls If you 00 not pro Or vide e Y
Settlement Agent with your resat taxpayer IdendEutlm number,you may be 6
subject to civil or criminal penalties imposed by law. Under Panaltie of
Settlement Agora Data perJury,I sanity that the earnber shown ea cob atatenena I.nay eternal
Warning:It Is a mime to knowingly make Rho statements to the United Sete taxpayer Idmnncation number.
on this Or any other similar Con& Pehakie upon conviction cm Include a fine
and Impelsonment For detaite see:Title 18 U.S.Code Section 1001 and- '
06/23/2003 13:37 FAX ®004
MAY-16-2003 10;36 NEBRASKA TITLE C011PANY 402 476 4923 P.04
rigid
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Previous Ed ban Ob.vbtc SLUD•1 /91
..t I ?ddk
Section _AddltMval Tracts el.Land •
Lincoln Land Company,Sub of LI&2 884 Undo M.lots 1,7,3,4,5,6&7.LANCASTER Camry
Lincoln.NB 6808
Lincoln,Block 54.Lab 3.4.7,5,9&10,LANCASTER Count'•
LlneOln,NE 68508
LLraln Land Company.Sub at'L3&.6 B84,Lot 1,53,43.6&7,LANCASTER County
Lincoln,NE 68508
Lincoln Land Company's Sub of Lt 82 B103.Lou 13.3.4.3.6&7,LANCASTER County
Lincoln,NE 6850E
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EFp[
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B F Properties (Meadow Gold Dairies)
( Lancaster - NE )
---
arcel Nbr - ! .. Pro T
, . ..,,— PType •Cnstr Dt Land SF Imp SF-
1026127001000 PARKING LOT 9,502 0
1026120002000 VACANT LAND 5,528 0
1026113007000 INDUSTRAIL BUILDING 1910 14,200 10,460
1026120001000 INDUSTRAIL BUILDING 1908 86,304 145,860
* �` = t m'1. Totals' e r' s ,- -,�'�` nm 115,534 156,320
B F Properties (Meadow Gold Dairies)
( Lancaster - NE )
-Parcel Nbr.• ? Prop Type " Cnstr ot„ , Land SF , Imp SF.`':.
1026127001000 PARKING LOT 9,502 0
1026120002000 VACANT LAND 5,528 0
1026113007000 INDUSTRAIL BUILDING 1910 14,200 10,460
1026120001000 INDUSTRAIL BUILDING 1908 86,304 145,860
a` ttltalS j. � `*:^ ' �? 115,534 156,320
pit
CLERK TO THE BOARD
PHONE (970)356-4000 EXT 4217
FAX: (303)352-0242
WEBSITE: www.co.weld.co.us
' 915 10TH STREET
P:O. BOX 758
O GREELEY, COLORADO 80632
•
COLORADO
July 16, 2003
MORNINGSTAR FOODS INC
C/O ASSOCIATED TAX APPRAISSERS
P O BOX 56561
HOUSTON TX 77256-6561
Parcel No.: 096117404011 Account No.: R3565386
Dear Petitioner(s): _
The Weld County Board of Equalization has set a date of July 2003,at or about the hour of 2:30
PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Department of Public Health and Environment,Room 210,1555 North 17th Avenue,
Greeley, Colorado.
You have a right to attend this hearing and present evidence in support of your petition. The Weld
County Assessor or his designee will be present. The Board will make its decision on the basis of
the record made at the aforementioned hearing, as well as your petition, so it would be in your
interest to have a representative present. If you plan to be represented by an agent or an attorney
at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office,
an authorization for the agent or attorney to represent you. If you do not choose to attend this
hearing, a decision will still be made by the Board by the close of business on August 5,2003,and
mailed to you on or before August 12, 2003.
Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15
minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide
evidence to support your position. This may include evidence that similar homes in your area are
valued less than yours or you are being assessed on improvements you do not have. Please note:
The fact that your valuation has increased cannot be your sole basis of appeal. Without
documented evidence as indicated above, the Board will have no choice but to deny your appeal.
If you wish to obtain the data supporting the Assessor's valuation of your property, please request
it directly from the Assessor's Office by fax (970) 304-6433, or by calling (970) 353-3845.
MORNINGSTAR FOODS INC - R3565386
Page 2
Please advise me if you decide not to keep your appointment as scheduled. If you need any
additional information, please call me at your convenience.
Very truly yours,
BOARD QUALIZATION
arol A. Harding
Deputy Clerk to the Board
cc: Stanley Sessions, Assessor
RONALD LITTLE, ASSOCIATED TAX APPRAISERS
P.O. BOX 56561 _
HOUSTON TX 77256
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