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Home My WebLink About910815.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: TAGAWA GREENHOUSES INC RT 1 BOX 185 BRIGHTON, CO 80601 DESCRIPTION OF PROPERTY: PIN: R 6411486 PARCEL: 147331201005 - 10874 L57 TO 64 IN NW4 31 1 65 ALSO THAT PT OF NE4NW4 BEG NE COR L57 S TO SE COR L63 E470' N24D10'W 430' N1D55'E 555' N9DW 380' TO N LN SEC W250' TO BEG EXC BEG 460'S OF NW COR OF SEC S200' E300' N200' W300' TO BEG EXC UPRR RES (1D 1.86R) WHEREAS, the Board of County Commissioners of Weld County, Colorado, organized 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 1991, 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 1991, 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 Thomas R. Fenton, 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 clearly supported the value placed upon the Petitioner's property 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. As such, this Board finds that the Petitioner failed to meet the burden of proving that the Assessor's valuation was incorrect. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed. 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: 910815 Page 2 RE: BOE - TAGAWA GREENHOUSES INC 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) 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. 910815 Page 3 RE: BOE - TAGAWA GREENHOUSES INC 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 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. , 1991. kia4417 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY C ORADO Weld County Clerk to the Board Gordo cy rman • BY / 4.t -y Deputy Clerk to rd e/orge Kenn y, Pro-Tem APPROVED AS TO FORM: Constance L. Harbert Assistant County Attorney C. .Kirby EXCUSED W. H. Webster 910815 BOE DECISION SHEET PIN #: R 6411486 PARCEL #: 147331201005 TAGAWA GREENHOUSES INC RT 1 BOX 185 BRIGHTON, CO 80601 HEARING DATE: August 2, 1991 TIME: 1:30 P.M. T! HEARING ATTENDED? (Y N) NAME: 9S�/vl,�>'t - AGENT NAME: FENTON GREINER & YATES INC NORTH AMERICAN PROPERTY CONSULTANTS DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION 5„ ---- ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 34402 $ Improvements OR Personal Property 492408 Total Actual Value $ 526810 $ COMMENTS: MOTION BY411_ TOc SECONDED BY lY1 ( Lacy ON) Kennedy {e N) ailed to meet burden of proof Harbert N) Comparables inadequate Kirby /N) Assessor's data unchallenged Webster /N) Other: RESOLUTION NO. 910J1 t, in association with NORTH AMERICAN PROPERTY CONSULTANTS, INC. FILE NUMBER. AUTHORIZED BY ADDRESS 6 91-002?61RA David Tagawa 17999 Weld County Rd. 4 FOR OWNER Kenneth Tagawa'Tagawa Greenhouses Inc. PARCEL NUMBER SCHEDULE NUMBER PIN NUMBER PROPERTY LOCATION 147331201 005 R 6411486 FENTON, GREINER ¢ YATES, INC. in association with NORTH AMERICAN PROPERTY CONSULTANTS, INC. protests the value on the property noted herein because it is the opinion of the appraisers that the three approaches to value have not been properl., utilized and correlated to achieve the correct valuation for tax year 1991. Appropriate documentation of our opinion of valuation will be presented formally at hearing. SUBMITTED BY: Ruth Duttran Tom DeCora Greg Lips =r;a ADDITIONAL INFOPMATION TO CONSIDER c• Our appraisal report indicates that the three approaches to value, properly correlated indicate the value on this : . . property is excessive as indicated on the Notice of Determination provided by the Assessor for 1991. •.ry FENTON. GREINER & YATES, INC. in association with NORTH AMERICAN PROPERTY CONSULTANTS. INC. 640 East Eisenhower Boulevard Suite A Loveland, Colorado 80537 303-669-3263 �rl E >J F. 7tr.STREET (7"Th �� GREFL03 COLORADO. EXT.4l NOTICE OF DENIAL PeovF ( n 356-4000. Earsase 10874 L57 TO 64 IN NW4 31 1 65 ALSOTHAT PT OF NE4NW4 BEG NE COR L57 S TO SE C OR L63 E4708 COLORADO N24D1011W 4301 N1D55IE 555 N9DW 3800 TO N LN SEC W2501 TO BEG EXC BEG 4601S OF NW COR OF SEC S2001 E3001 N20.06 W3001 TO BEG EXC UP RR RES ( 1D 1 .86R) OWNER TAGAWA GREENHOUSES INC FENTON GREINER b YATES INC PARCEL 147331201005 NORTH AMERICAN PROPERTY CONSULTANTS PIN R 6411486 6400 E EISENHOWER BLVD SUITE A YEAR 1991 LOVELAND CO 80537 LOG 04030 05/31/1991 - The apprased value of property is based on the appropriate consideration or the approaches to value required by law. The Assessor has determined that your property should be included in the following categoryjies): Residential property is valued by considering the cost and market approaches. " Agricultural land value is determined solely by the earning or productive capacity of the land, capitalized at a rate set by law. Producing mines are assessed at 25% of the gross proceeds or 100% of the net proceeds,whichever is greater. • Oil and gas leaseholds and lands are.assessed at 87.53a of the gross value of the oil and/or gas sold or transported from the premises on or'mary production;secondary production is valued at 75%. Ail other property, including vacant land, 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 fora listing of these districts,and plan to attend these budget hearings. The Assessor has carefully studied all available information, aiving particular attention to the specifics included or: your protest and has deter- rninec the vaivationls) assigned :c your property. The reasons for this determination df value are: THE APPEAL OF YOUR VALUATION HAS BEEN DENIED BECAUSE OF A LACK OF EVIDENCE OF AGENT AUTHORIZATION FOR THE PERSON REPRESENTING YOU. ` D YOU MA/ CONTINUE THE. APPEAL ACCORDING TO THE INSTRUCTIONS THAT �,v\ APPEAR ON THE REVERSE SIDE OF THIS NOTICE. \\O • PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW • LAND 34.402 34.402 IMPS 492. 408 492.408 • • TOTALS S S 526.810 S 526.810 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(1)(a), C.R.S. Please see the back of this form for detailed information on filing your appeal .'1-0'915 By. WARREN L. LASELL WELD COUN"Y ASSESSOR D^ E 145 a:.1 =' °° = - ADDITIONA! IN=ORMATION ON RE'v'_RSE Sly_ 1�U J!IF L �' CLERK TO THE BOARD \ II, P.O. BOX 758 GREELEY,COLORADO 80632 (303)356-4000 EXT.4225 C. COLORADO July 18, 1991 Parcel No. : 147331201005 PIN No. : R 6411486 TAGAWA GREENHOUSES INC RT 1 BOX 185 BRIGHTON, CO 80601 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Friday, August 2, 1991, at or about the hour of 1:30 P.M. , to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, 915 10th Street, Greeley, Colorado, in the First Floor Hearing Room. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor will be present before the Board. The Board will make their 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 10, 1991, and mailed to you on or before August 16, 1991. 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. TAGAWA GREENHOUSES INC - R 6411486 Page 2 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. 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 ALEtagarteSt Donald D. Warden, Clerk to the ard BY: 71; Carol A. Harding, Deput cc: Warren Lasell, Assessor FENTON GREINER & YATES INC, NORTH AMERICAN PROPERTY CONSULTANTS 91-0815 Hello