HomeMy WebLinkAbout20012222.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2001, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
PURVIS DONALD T TRUST (1/2 INT) &
6043 HWY 60
JOHNSTOWN CO 80534
DESCRIPTION OF PROPERTY: ACCOUNT#: R4536586 PARCEL#:105905425009- JOH
21557 E50' L33-34-35 BLK1 %113 W S 1ST% SITUS: 113 SW 1ST JOHNSTOWN 0
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 2001, 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 2001, claiming that the property described in such petition was assessed
too high, as more specifically stated in said petition, and
WHEREAS, said petitioner not being present or represented, 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:
2001-2222
Pwuvio AS0049
RE: BOE-
Page 2
ACTUAL VALUE
AS DETERMINED
BY ASSESSOR
Land $ 7,515
Improvements OR
Personal Property 0
TOTAL $ 7,515
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), 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 523
Denver, CO 80203
Phone: 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)
2001-2222
AS0049
RE: BOE-
Page 3
Selecting the Arbitrator: In order to pursue arbitration, you must notify the
CBOE of your intent. You and the OBOE 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 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 2nd day of August, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST:
�� i�"'` M. J. eile, Ch-ir
Weld County Clerk to the B.-,t E fL ♦ 7, 0
/ �Z,q •� lenn Vaad,,/_ .- em
D- .uty Clerk to the B?r�
AP AS T• OR . ®N' illi H. Jerke
� cki,)))
vv. E. on
!\,ki
ssistant my Attorney
; .
Robert D. Masden
2001-2222
AS0049
NOTICE OF DENIAL OFFICFnF COUNTY ASSESSOR
�0 NORTH 17th AVE.
TOH 21557 E50' L33 34-35 BLKl %113 REELEY,CO80631
•
46 /. 41- 4 - - ' . W S 1 ST% SITUS : 113 SW 1 ST -3845,EXT.3650
JOHNSTOWN 0
nrt 1 4: 7_2
WII'Dc. 1.:1
COLORADO DOWNER: PUR TTS DONALD " -RUST (1/2 INT) &
Iii_k,u ,
PURVIS DONALD T TRUST (1/2 INT) & LOG 3030
6043 HWY 60 PARCEL 10590542500
ACCOUNT R4536586
JOHNSTOWN, CO 80534 YEAR 2001
The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that
your property should be included in the following category(ies):
All other property, including vacant land, is valued by
considering the cost, market, and income approaches .
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 as follows:
Your property has been uniformly valued following Colorado law and instructions
published by the State Division of Property Taxation. Your protest of value has
been denied due to comparison of other similar properties which sold during the
1999/2000 time period. This comparison shows your actual property value to be
correct for that, period.
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE
OF VALUE ACTUAL VALUE ACTUAL VALUE
FRIGR TO REVIEW AFTER REVIEW'
VACANT LAND 7515 7515
TOTALS $ $ 7515 $ 7515
APPEAL DEADLINES:REAL PROPERTY-JULY 16,PERSONAL PROPERTY-JULY 20.
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration,39-S-
106(1)(a),C.B.S. Please see the back of this form for detailed information on filing your appeal.
06/22/2001
By: Stanley F. Sessions
WELD COUNTY ASSESSOR DATE
15-DPT-AR
2001-2222
Form PR-207-87/99 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 2 and continuing through August 6 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 appe4Lthe�ssessor's decision, mail or deliver one copy of this compleated form to the County
Board of Equali on. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED
ON OR BEFO JULY 16 OR REAL PROPERTY, AND JULY 20 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 hearings and render decisions by August 6.
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.
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 12.
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, C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR
AMOUNT. Attach additional documents as necessary.
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STANLEY F. SESSIONS
WELD COUNTY ASSESSOR
•
MICHAEL F. SAMPSON , CHIEF APPRAISER
APPRAISAL REPORT
OF
VACANT LAND
FOR
County Board of Equalization
PURVIS DONALD T TRUST (1/2 INT) &
PURVIS PROPERTIES LLC (1/2 INT)
PETITIONER
vs.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Parcel Number: 1059-05-4-25-009
Schedule Number: R4536586
Log Number: 3030
Date: 8/02/01
Time: 10:00 AM
Board: CBOE
PREPARED BY
DAVID SCHILDMEIER
[2 Ce/V‘A',D l :.Q.,%‘-akiA/Y\SI --A Z-4\ C'\
Signature Date
ASSESSOR'S OFFICE STAFF APPRAISER
ASSESSOR VALUE
$ 7,515.00
CBOE_VacLand_010998
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105905425009
PURVIS DONALD T TRUST(1/2 INT)& otal Taxes: $238.12
6043 HWY 60 mount Due: $0.00
JOHNSTOWN,CO 80534
1 of 1 7/31/2001 7:58 AM
SITE DESCRIPTION
The subject property is an interior lot situated at the southwest
corner of Rutherford Avenue and S 1st Street at the southern
fringe of the downtown area. Rutherford is one block west of
Parish Avenue, the main street in downtown Johnstown. South 1st
Street is an asphalt paved, east-west arterial that provides one
travel lane in each direction and two parking lanes . Rutherford
Avenue is an asphalt paved, north-south street that provides one
travel lane in each direction and two parking lanes . S 1st
Street does not have curbs in this block. The intersection is
controlled with a stop sign on Rutherford Avenue.
The site is rectangular in shape, with approximately 50 lineal
feet of frontage on South 1st Street and 90 lineal feet in depth.
Along the depth of the lot on the east side is an alley access .
Total site area is 4, 500 square feet . Facing South 1st Street is
a deteriorating 9-inch thick foundation wall and concrete pad
measuring 50 feet wide and extending north 75 feet . This
foundation was formerly a service station building.
The site is at street grade and is relatively level . Surface
drainage appears to be adequate. According to U. S . Department
of Housing and Urban Development, Flood Map the subject is not
located in a HUD-identified special flood hazard area. No
adverse easements were observed.
All normal municipal utilities are available for service and
include (metered) city water and sewer, electricity, gas and
telephone. The subject is within the Johnstown Water and
Sanitation District . Natural gas is supplied by the Excel/Public
Service Company; electricity is provided by Excel/Public Service
Company; and telephone is provided by Quest Communications .
Rubbish removal is a privately contracted service and available
through Browning-Ferris Industries . Electric and telephone lines
are overhead.
A one-story service garage sits to the west and across the alley
to the east a one-story retail complex is located on South 1st
Street . Located south across South 1st Street is a vacant
service station.
The subject site is typical of those in the downtown area. Some
are smaller and some larger, but usage is similar. It has
adequate exposure and access from South 1st Street. The site is
best suited for commercial use or a possible expansion of the
service garage on the west side.
4
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COMPARABLE LAND SALE MAP _
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SUBJECT
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COMP#7
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5
LAND SALES SUMMARY MMARY SHEET
Contrib Land Sales
Sale Date ! Sales Value Area . .Price/
No. Grantor/Grantee'. of ! Sale Price of in SF SF Zonis
Improv. Land ng
1 Martinez John/Radov 1/21/00 $15,000 None 3,125 $4.80 Comm
Mitchell
2 Tafoya Pedro/Radov 5/3/99 $38,000 None 3,345 $11.36 Comm
Mitchell
3 Skowron/Wakeman 6/30/97 $30,000 None 6,300 $4.76 Comm
Richard
4 Skowron & 12/20/96 $36,500 None 8,336 $4.38 Comm
Harkless/Luna
Heating
5 Kilgore Gordon/ 6/11/99 $30,000 None 9,381 $3.20 Comm
Kauffman Genevieve
6 Hays Market/Cox 4/25/96 $32,000 None 10,500 $3.05 Comm
Deborah
7 Johnstown 6/17/96 $350,000 None 58,806 $5.95 Comm
center/First
National Hank.
Comparable 1 An interior lot in Milliken which was purchased as
part of an assemblage which included an irregular shaped corner
lot which is comparable 2 .
Comparable 2 An irregular shaped lot located on the northeast
corner of Broad Street and Harriett Avenue in Milliken. Both
parcels' sales prices added together sold for an average price of
$8 . 19 per square feet. (See Comparable 1)
Comparable 3 A corner lot located on the northwest side of Broad
Street and Harriett Avenue in Milliken. Now used as overflow
parking area for vehicles in the adjoining service garage.
Comparable 4 An interior lot directly west of comparable 3 in
Milliken. Land was purchased to build a metal building for the
heating/cooling business .
Comparable 5 Located in Milliken off the main street; this
interior site is one-half block south of Broad Street on
Harriett Avenue. This is an inferior location. A car wash was
constructed in this land.
Comparable 6 an inferior corner lot located in Johnstown one
block north of South 1st Street on Angove Avenue. This land was
used to build a bank.
Comparable 7 is a larger corner lot in Johnstown on Johnstown
Center Drive 2 blocks west of the subject on South 1st Street .
6
First National Bank purchased this lot for a bank.
Financing - No financing adjustments are indicated because the
transactions were cash to the seller.
Conditions of Sale - All the sales were arms-length transactions
which suggest that no consessions in price were given.
Market Conditions (Time) - Based upon available sales of vacant,
commercial sites throughout Johnstown/Milliken, it appears that
some appreciation (2 . 7%/year)has occurred over the past four
years utilizing sale 1 and sale 4 . Because the amount cannot be
confirmed with a repeat sales, no adjust was made. Marketing time
for vacant commercial land is fairly long and sales are typically
to users . Price is not estimated to be a deterrent in most
cases; the deterrent is finding a suitable user.
Location - Sales 1-4 are centrally situated in the downtown
Milliken area. Their value is enhanced by proximity to Broad
Street, which is the primary downtown street . On the other hand,
Sales 5 and 6 located in the downtown area of Johnstown are
enhanced by their proximity to South 1st Street .
Size - All other things being equal, a smaller site typically
sells at a higher price per square foot than a larger, but
similar, site. This normally can be demonstrated with an
exponential or power curve because the increase typically is
nonlinear. Additionally, when two sites are of a similar area in
square feet, the sale with the greater frontage normally has a
higher sales price, providing both have similar utility. All of
the sales are being adjusted for size .
7
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Element Subject Sale 1 Sale 3 Sale 4 Sale 5 Sale 6
Total $15, 000 $30,000 $36,500 $38, 000 $32, 000
Consideration
'Financing Market Market Market . Market Market Market
Comparison Similar Similar Similar , Similar Similar
Adjustment $0 $0 $0 $0 $0
.
Conditions ot,_. Arms- Arms- Arms- Arms- Arms- Arms-
SaI Length Length Length Length Length _ Length
Comparison Similar Similar Similar Similar Similar
Adjustment $0 $0 $0 $0 $0
Adjusted* $15,000 $30,000 $36,500 $30,000 $32, 000
pate:of .sale. 6/30/2000 6 mos. 18 mos. 42 mos. 12 mos. 50 mos.
ago ago ago ago ago
Comparison Similar _Similar Similar Similar Similar
Adjustment 0% 0% 0% 0% 0%
Adjusted** $15,000 $30,000 $36,500 $30,000 $32, 000
Size , sq.. 4,500 3,125 6,300 8,336 9,381 10,500
Unit price $4.80 $4.76 $4.38 $3.20 $3.02
per sq. ft.
'-. Location : Central/ Central Central Central Fringe/ Fringe/
Int /Int /Cor /Int Int Cor
Comparison Similar Similar Similar Inferior Inferior
Adjustment 0% 0% 0% 30% 30%
Size, sq.. ft 4,500 3,125 6,300 8,336 9,381 10,500
Comparison Smaller , larger Larger Larger Larger
Adjustment -2 .5% 2.5% 7.5% 10.0% 20.0%
Net adj . to -2.5% 2.5% 7.5% 40.0% 50.0%
adjusted sale
Price -.12 .12 .33 1.28 _ 1.51
Final adj . $4.68 $4.88 $4.71 $4.48 $4.53
sale price
*Sale price adjusted for financing and conditions of sale
**Sale price further adjusted for market conditions
8
A Land Sales Comparison Grid, showing the adjustments discussed previously,
is located on the facing page. The adjusted sales form a range from $4 . 48
to $4 . 88 per square foot . Most weight is placed on Sales 1, 3 , and 4, which
locationally are most similar to the subject. After analysis, the Market
Value of the site being appraised is estimated to be $4 . 75 per square foot,
or as follows :
4, 500 square feet @ $4 . 75/sq. ft . = $21, 375
Rounded to: $21, 400
Mr. Purvis land has previously been discounted for a 1-28-98 bid to remove
underground fuel tanks for $6, 000 . Therefore, the final land value should
be $21, 400- 6, 000= $15, 400 .
9
■
DAVIDMACY,INC.
700 KEN PRATT BLVD./SUITE P-103/LONGMONT CO 80501
303-776-2334/FAX 303-776.2936/1.600-571-0031
August 23, 2000
Purvis Family
6043 Highway 60
Johnstown, Colorado 80534
Dear Purvis Family:
Enclosed is a corrected appraisal for Purvis Properties, LLC. John Flanders has asked me to do a
discount on the undivided 50% interest of the four parcels.
If you have any questions concerning the above addition to the appraisal, please feel free to call.
Sincerely,
eiga 01181
avid Macy, ARA
DM:df
Enclosure
I
SUMMARY OF SALIENT FACTS(Continued)
' OBJECTIVE OF Fctimsjp the fair market value of the cTividod SOX interest owned
THE APPRAISAL Purvis Properties, LLC together with all mineral rights and all water
■ rights appurtenant hereto as of August 1,2000.
PROPERTY RIGHTS Fee simple title including the water rights and all mineral rights.
APPRAISED:
PARCEL#3
Combine the parcel with other commercial property for commercial
uses.
PARCEL#3 $1,750
r •
Amt 1,2000
DAZE OF VALUE:
t
David Macy.inc
t
PARCEL C -
�?
The East 50 feet of Lots 33, 34, and 35, Block.1, town of Johnstown, Weld
County, Colorado. ,Y.
CLERK TO THE BOARD
PHONE (970)356-4000 EXT 4217
FAX: (303)35252-0242
WEBSITE: www.co.weld.co.us
915 10TH STREET
P.O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
July 19, 2001
PURVIS DONALD T TRUST (1/2 INT) &
6043 HWY 60
JOHNSTOWN CO 80534
Parcel No.: 105905425009 Account No.: R4536586
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 2, 2001, at or about the hour of
10:00 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the
Weld County Centennial Center, First Floor Hearing Room, 915 10th Street, 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 6, 2001, and
mailed to you on or before August 10,2001.
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.
At least two(2)working days prior to your hearing the Assessor will have available,at your request,
the data supporting his valuation of your property.
PURVIS DONALD T TRUST (1/2 INT) &- R4536586
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 OF EQUALIZATION
Donald D. Warden,
Clerk to the Board
BY: 717,-4,4-1"( tl-^117e,r
Carol A. Harding, Deputy
cc: Stanley Sessions, Assessor
BOE SUMMARY SHEET
Account Number: R4536586 Parcel Number: 105905425009
PURVIS DONALD T TRUST (1/2 INT) &
6043 HWY 60
HEARING DATE: August 2, 2001, AT 10:00 AM
HEARING ATTENDED? ,9 NAME:
AGENT NAME:
plThGfit `
APPRAISER NAME: SGJ
DECISION
ACTUAL VALUATION
ORIGINAL SET BY BOARD
Land $ 7515 $
Improvements OR
Personal Property 0
Total Actual Value $ 7515 $
COMMENTS:
MOTION BY Ail_TO
SECONDED BY Geileal)
Jerke - )
Failed to prove appropriate value Long - N)
No comparables given Masden -Lip/N)
Assessor's value upheld Vaad - (Y )
Other:
RESOLUTION NO.
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