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HomeMy WebLinkAbout870125.tiff 6. d_ _to 7 -1 Z ( 00 15-OPT FEW PRESCRIBED BY THE PROPERTY TAX ADMINISTR `7R FCRM 92O I/56-1/84 RE ON FOR ABATEMENT OR REFUND OF ;ES—HOECNEL CO.. DENVER 99905 Petitioners: Use this side only. GREELEY , Colorado, JANUARY 30, , 19 87 City or Town To The Honorable Board of County Commissioners of WELD County Gentlemen: The petition of UNITED BANK OF GREELEY TRUSTEE - WALTER FLEI$CHMANN whose mailing address is- C/O WALTER CRAIG - 610 22ND ST #18 GREELEY, CO 80631 GREELEY CO 80631 City or Town State Zip Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL 1983 - #65961 1984 - 67501 1985 - 69001 8435 SW4/S2NW4/W2E2 SECTION 27 TOWNSHIP 2 RANGE 64 EXC UPRR RES (36R3RR8D) respectfully requests that the taxes assessed against the above property for the years A. D. 19.._83.., 19 84 19 85., are erroneous or illegal for the following reasons, viz: (Explain completely why the assessment is erroneous or illegal) ERRONEOUS ASSESSMENT - WAS BEING ASSESSED FOR 273 ACRES OF IRRIGATED LAND. HENRYLYN WATER WAS NOT ON THIS PAWL, gEENGXRENIH6. NOT IRRIGATED LAND ONLY DRY FARM LAND. SEE ATTACHED DOCUMENTS FROM NORLIN D. CAVENDER AND LARRY GERKEN MANAGER HENRYLYN IRRIGATION CO. HENRYLYN WATER BEING RENTED OUT TO OTHER FARM SINCE 1946. 19 83 19 84 85 19 Value Tax Value Tax Value Tax Orig. 8,200. 467.98 9,060. 603.70 9,500. 686.74 Abate. 3,850. 219.72 4,070. 271.20 2,570. 185.78 Bal. 4,350. 248.26 4,990. 332.50 6,930. 500.96 That he has paid said taxes. Wherefore your petitioner prays that the taxes, as aforesaid erroneously or illegally assessed, may be abated or refunded in the sum of $ 676.70 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. etitioner °Bye> 4-E ( y—./r 71,-W) ;tent Address 1 /Q ' S4 - G /e QG c oc - 870125 1� RESOLUTION OF COUNTY COMMISSIONERS WHEREAS, The County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 18th day of February , A.D. 19.87 , at which meeting there were present the following members. Chairman Gordon E.__Lacy,_Cammissioners..C...W_..Kirby.,.._Gene...R_..Hrantner, Jacqueline Johnson, and Frank Yamaguchi 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 Richard Keirnes and taxpayer Walter Craig being present; and (name) (name) WHEREAS, The said County Commissioners have carefully considered the within applica- tion, and are fully advised in relation thereto, NOW BE IT RESOLVED, That the Board....._daes..concur with the recommendation of (concurs or does not concur) the assessor and the petition be appx.aved_._, and an atcate nt/refund_.-be..allowed (approved or denied) (be allowed or not be allowed) on an assessed valuation of$ 10,490.00 for $ 676.70 tal for e year(s) 19-83-8.5. Ch it aoou ommissioners. STATE OF COLORADO, WELD ss. County of I, Mary Ann Feuerateln , County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the County of Weld 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 Weld County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley,.._Colorado , this L8tli day of Feb man , A. D. 19..si] QQCounty Clerk. Deputy. ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver, Colorado, April 8 , 1987 The action of the Board of County Commissioners, relative to the within petition, is hereby ❑ approved; i❑ approved in part $ gj denied for the following reason(s) Abatement is not a remedy. Taxpayer's..remedy.-was._to...pursue remedies..as...provided in 39-5-122, C.R.S. AT ST: /� -ic/cf aveL7/114--4-(......./t.....c.c_ �! ��Secretary. Property Tax Administrator. vi G .. ar.�•,..i, 'O , vi k cu O N d p' 5 c u O0�q a y 5 ,>,r1).0 A 0'° O° z O a 0E8 lag Aa ° 0 `` A s. rn s..-. C a+ O F nt p 0,,- 0 4i,44; Ct w w a .a o s°. J .i ro ) ri'c.c da) °.'i o d m �y a q ❑ 1:1 to k F o .Z 3 mi N in o ,) ' \.s, O-. C : = C y '2« cn w z F O c w..._ d) E O C u a E w ti ` I 1 v -v — y m o a n a0CDC7' it Ell ' Fo o a� /7oi z iq.Go Colorado Department of Local Affairs DIVISION OF PROPERTY TAXATION $�i Mary Anne Maurer Property Tax Administrator /876 ;. Roy Romer Governor April 8, 1987 United Bank of Greeley, Trustee Walter Fleischmann c/o Walter Craig 610 22nd Street, #18 1. 4 12)11 Greeley, CO 80631 APR 1 5 19$7 RE: Abatement Petition 1983, 1984, 1985 Real Property Taxes Weld County Schedule #'s 65961, 67501 , & VIREO-KY. '°L°' 69001 D.P.T. #62-07-12 - Dear Mr. Craig: Please be advised that I have disapproved the above petition in the amount of $676.70 because neither the valuation nor the tax is erroneous or illegal . Notices of valuation were mailed to the United Bank of Greeley on May 17, 1983, May 18, 1984, and May 16, 1985 reflecting the valuations for the respective tax years. The notices advised the Bank, as trustee for Walter Fleischmann, of the right to protest the assigned valuations between June 1 and June 25 of each year. The assessor's office does not have record of a protest for any of these years . The parcel has been classified as irrigated farmland for years prior to the petition request, and as such, is not considered to be an erroneous assessment. It is considered simply to be an overvaluation that could have been adjusted had the valuation been protested. Colorado statutes provide for the application for an abatement or refund of taxes for prior years if the valuation is erroneous or illegal . Colorado Supreme court cases define an erroneous valuation as that which is incapable of adjustment. If the valuation can be adjusted it is considered to be an overvaluation, and an abatement is not a remedy. By May 24 the county assessor must notify the taxpayer in writing if the value of land or improvements increases. The notice must state that the taxpayer has the right to protest the increase in valuation. The protest begins the administrative remedies process . S. Ida Iii 1313 Sherman Street, 623 Centennial Building, Denver, Colorado 80203 (303) 866-2371 i s e!.'.. .. �r.. . - 81a i United Bank of Greeley, Trustee Walter Fleischmann Walter Craig April 8, 1987 Page 2 The taxpayer should file a protest with the county assessor between June 1 and June 25 of any year in which there is a concern over the assigned value. The final date to file is June 25. By law, the assessor must respond by the last working day in June. If the taxpayer feels the assessor did not grant adequate relief, an appeal may be filed with the County Board of Equalization (the County Commissioners) , the Board of Assessment Appeals, and, finally, to the District Court of the county wherein the property is situated, if necessary. Each year is considered a new assessment year; and if a taxpayer does not initiate the protest to the assessor in June, administrative remedies are waived and the value becomes the basis of the tax bill the following January. Due to the fact that you did not protest the valuation assigned to your property when you were notified of the 1983, 1984 and 1985 value, you waived your administrative remedies for those years' tax bills . I , therefore, disapproved your petition . You have the right to appeal my decision. You may file an appeal with the Board of Assessment Appeals within thirty (30) days from April 8, 1987, which is the date of my disapproval . Appeal forms and instructions may be obtained from: Board of Assessment Appeals Department of Local Affairs 1313 Sherman Street, #420 Denver, Colorado 80203 (303)866-5880 If we can answer any further questions you might have, please feel free to contact my office. Sincerely, Mary Annd Maurer Property Tax Administrator MM:MH:LF:tw mm4lwc �7C'L. 6— January 21, 1987 Weld County Assessor: My dad (Jack Cavender) and I have been crop share (tenant) farming for the Rev. Walter Fleischmann and the Fleischmann trust (United Bank of Greeley) since 1946 when he purchased the property. Since that time there has never been any irrigation on this property. Since 1946 the land has been strictly a dry land farming operation. This land should be assessed as dry land and cer- tainly not irrigated. We have farmed this land for the Fleischmann' s and their children and now their grand- children for 40 years . If I can be of further assistance concerning records on this farm don't hesitate to contact me . Sincerely, We7CAVI /it emte.a., Norlin D. Cavender NDC/jec 870125 k ec) _� � o ��e�—.3&mac_/` a 41/2' 73 ?ET. /tides Ca C2edf. - 4 / . /E / l_ 60Z . - go 6 : os) 750.z *I 9 s . - le 6 3 rat : 732 - s 67 _ - F6 6 *ea (3-o 3) rs 6 - 7O oZ 870125 faffi OFFICE OF WE, COUNTY CLERK AND RECORDER j • DEPARTMENT OF CLERK TO BOARD 1.1 MARY ANN FEUERSTEIN 1111111De PHONE (30313564000 EXT 4225 59 P,O. BOX 459 GREELEY, COLORADO 80631 COLORADO February 4, 1987 United Bank of Greeley Trustee for Walter Fleischmann c/o Walter Craig 610 22nd Street, #18 Greeley, CO 80631 Dear Mr. Craig: This is to advise you that the Weld County Board of County Commissioners will hear your petition for tax abatement or refund on the property described as: 8435 SW4/S2NW4/W2E2 Section 27, Township 2 North, Range 64 West, Exc UPRR Res (36R3RR8D) . This meeting is scheduled for Wednesday, February 18, 1987, at 9:00 A.M. The meeting will be held in the Chambers of the Board, Weld County Centennial Center, First Floor, 915 10th Street, Greeley, Colorado, at the above specified time. If you have any questions concerning this matter, please do not hesitate to contact this office. Sincerely,L.wk T2 Ctt&w ,. Mary Ann Feuerstein Weld County Clerk and Recorder and Clerk to the Board ,� �� /� BY: ol �( .C i \'u/rn./i�"`c'C. Deputy County Clerk RC: Assessor 870125 SZTOlf3 Si tx { E+ yra`rt 1 ( U' j y,¢Lai y`.N ui i Si yrNr �' Fqa 1 A X ; �� >o 1} k�ti e¢�fb� 1y �y ryryp� �� F g�. f• S� k � 2 q � k N S k vq M 0 =W ttw 1Ff Etj n M- � \ ',715 T 3 � : f V\f G —n • N OO 1-6 N rt rt N m rm a .. w N M w 0 "co co pi 4 o O OO fO ww M O3rt Q rt W W M r rS N M W ] N `C N, J! N n x S w d Hello