HomeMy WebLinkAbout901495.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1990, WELD COUNTY, COLORADO
PETITION OF: D Q RESTAURANTS OF COLORADO LTD
10763 TURNER BLVD
LONGMONT, CO 80504
DESCRIPTION OF PROPERTY: PIN: R 5589386 PARCEL: 131310100028
- 25107-G PT NE4 10 2 68 BEG E4 COR SEC N89D49 'W 451.4 '
NOD24 'E 1848.43 ' TO TRUE POB NOD24 'E 150 ' N89D36 'W 299 . 99 '
SOD24 'W 150 ' S89D36 'E 299. 99 ' TO TRUE POB (1. 0(PARCEL B) %3944
HWY 119%
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, organized as a Board of Equalization for the purpose
of adjusting, equalizing, raising or lowering the assessment
and valuation of real and personal property within this
County, fixed and made by the County Assessor for the year
1990, and
WHEREAS, said petition has been heard before the County
Assessor and due notice of adjustment thereon has been given
to the taxpayer(s) , and
WHEREAS, the taxpayer(s) presented a petition of appeal
to the County Assessor's valuation for the year 1990, claiming
grounds for relief thereunder stating the property described
in such petition was assessed too high, as more specifically
stated in said petition, and
WHEREAS, in lieu of the hearing scheduled before the Board
of Equalization a Stipulation was agreed upon by the Assessor
and said petitioner(s) , and
WHEREAS, it is hereby Stipulated to by the petitioner(s)
that the actual value concerning this property for the 1990
property tax shall be $410, 991, and
WHEREAS, this actual value represents the sum of the value
of the land of the property in the amount of $112 , 497, and the
value of the improvements upon the property in the amount of
$298,494, and
WHEREAS, said Stipulation shall resolve all issues to have
been determined by the Weld County Board of Equalization.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, acting as the Board
of Equalization, that the Stipulation agreed to by the Weld
County Assessor and the hereinabove named petitioner(s) be,
and hereby is, accepted by the Board.
901495
Page 2
RE: BOE - D Q RESTAURANTS OF COLORADO LTD
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 3rd
day of A ust, A.p. , 990.
ATTEST:•Alr �/ J BOARD O COUNTY COMMISSIONERS
� �� WEL UNTY, CO RADO
Weld County Clerk to the Board
/ ene R. Bran er, Chairman
Deputy Clerk to the Board
/ Gee Kefinedy, Pro-Tem
APPROVED AS TO FORM* (EXCUSED)
-' z Constance L. Harbert
- L l-
ounty Attor y C. W. K'r y
i
Go
/ \ OFFICE OF COUNTY ASSESSORI/ 1 915 10th STREET
NDTIC OF J1'_NIFiL GREELEY,COLORADO 80631
IYi�,pc PHONE 114 356A000, EXT.4256
25107—L` PT NE4 10 2 68 BEG E4 COR SEC Nd9D49rw
COLORADO 41.1.41 NOD241E 1848.431 TO TRUE PUB N0J241E LSO•
N89D361N 299.9x31 S0DL41W 1501 Sd9D3u1E 299. 991 TU
TRUE POO ( 1 .04A MIL) (PARCEL BJ %J944 HWY 119%
OWNER J Q RESTAURANTS OF CULDRALLI LTD
D +1 RESTAURANTS OF COLORADO LTD PARCEL 1 .11410100028
PIN R 5S89366
10763 TURNER OLUD YEAR 1990
LONuMUNT CO 80Stt4 LOU 0024S
0.5/24/1990
The a r _ppraised value of property is based on the appropriate consideration of the approaches to value required b law. The D r,-
that your property should be included in the following cate or q by ltslessor h'asSdeterlrined
9 Y(ies): _
Residential property is valued by considering the cost and market approaches.
rlII
Agricultural land value is determined solely by the earning or production capacity of the land,capitalized at a rate�e't,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 87.5% of the gross value of the oil and/or gas sold or transportedthom thep'remises do
primary production;secondary production is valued at 75%.
All other property, including vacant land, is valued by considering the cost, market,and income approaches.
r�
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 deter-
mined the valuation(s) assigned to your property. The reasons for this determination of value are:
NO CHANUE HAS BEEN MADE TO THE ACTUAL VALUATION OF THIS PROPERTY.
COLORADO LAW REWUIRES US TO SEND THIS NOTICE OF DENIAL FOR ALL
PROPERTIES ON WHICH WE DU NUT ALJUST THE VALUE.
WE HAVE REVIEWED YOUR PROPERTY VALUE AND IT IS CORRECT. STATE LAN
REQUIRES THAT 1947 AND 1948 COST AND MARKET INFORMATION 8E USED TO
ESTABLISH 1990 VALUES.
PROPERTY CLASSIFICATION PETITIONER'S ASSESSOR'S VALUATION
ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LANE
112,498 112.498
IMPS
310. 988 310. 988
TOTALS $ $ 423s4d6 $ 423s48u
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.
By: RICHARD W. KEIRNES
WELD COUNTY ASSESSOR Aniootao
15-DPT-AD DATE 1`
Form PR-207 87/90 ADDITIONAL INFORMATION ON REVERSE SIDE /1C�,
'. Oti HAVE. HE E3 i. r{� TO APPEAL HE ASSESSOR'S'S DECISION_ ro g'i l August 101'5(-real property
0. . ; , tommITAIL Doe)(nrcy. 193 911190e11:109. 39 10/1 and 39-8-107(2), C.R.S.
f rTOM i9- Y AREMAL PROCEDURES, (C e = d and Bdiiiietto
3931103 rc e Assessor's decitamm man or deiivci one: copy e=i (Mt completed ` u m .o the County Board of
r1^. 062) "09 to aPhoe Vow aPPeaf lora he POETS RKED OE TL .
D . NE RED ON OR REFoRE
5000:69,, r frodC. ? es: (horaminot, blatthaa_, 1 3101. n an)
fad an moose: a mac }ate , :Qv J1 tediver (hie .ohy 61 Cot 012ted F019110 the County Hoare: of
190/10I, 3010 ;n 91:Est be POST3V0V1KHD OR DELIVERED ()N OR BEFORE
z ,.r. P11.00110 011 ;1330.113193.4110N
1111) '019 ,
0 3101< .700
a .9 >r >.,
name, Code 9is,.. c,..7E. ._
Eti lion `:36 356 4000 ED 422e.
StOath) ON ;. '. ,012:(6t% t o i `h frat i,_ne arm 1 .ica - itoaringOi your appea*_
DE ° ERUIN,Al°S3ti:
:e To . ty 901 tl t c --+ : .atio i : ma. s a CItH.9bi m or you dnoeai and 51139 you ,i delta Ta nabon W itl:!Ci flVe business
NOR t ;i i '- t 4 aH s APPS .a S,
no _sat le< NO: i �e County Roared oi� Egym ration`s decision. 1:09 auist fife within thirty days of the County
boa a A. hoomarar, .3@c ision 1tr ONE co the ;o tivy e
Board of Assessment Appeals (3AA`
co 66( 50 3,A,4 Rrs s2:3, D i, ep c 1 . ':, 80203, (303) 866 5880.
District Court:
9th Avenue and 9th Street, P.O- Box C;
Greoey. Co:elado 80632
Telephone (303) 356-4000 Ext. 4520
Arbittatioh: Yv',0E) 0O9:NTT BITABO OT UAL !To DON
'915 `)xi, ter, '.rt Box 758
{vin=etay, Comrade 80632
Th. eihone (303) h6-4000, Ex.!- 4225-
.. . non Roof( v'• l 7 fa iZ don by August 25, you must. rile an appeal with
`60: , thafr w 1si '€, ABBE at. 1.20T ;t YC , JMASI PR(A., : YOU HAVE FILED A TIMELY APPEAL,
Le(,)FIR a R SPCA tyAI LED WITH PROOF OF MAILING.
... 1111-. ..1111.. 1111 1111 ._...._...._ ........ ............ _1_11_1... _.._._:LION TO THECOUNTY BOARD OFEQUALIZATION
110900exeiamwiT yaw dasaa ee,.w-'m . Asses ry a:11 to . Attach adciq [ ai documents as necessary.
PETITION
In support of the Petition to the County Board of Equalization of the denial by the County Tax
Assessor of the Written Letter of Objection and Protest of Valuation, the Written Letter of Objec-
tion and Protest of Valuation and exhibits (if any) previously submitted to the County Tax Assessor
are hereby adopted as the basis for the appeal to the County Board of Equalization, a copy of which
is attabhed hereto. The property owner disagrees with the County Tax Assessors reasons for denial
set forth in the Notice of Denial. Additional information and evidence in support of this appeal
will be sulxnitted during the hearing before the County Board of Equalization and the property owner
hereby reserves the right to submit additional documents at the hearing.
July 10, 1990
E Jatd s L. £z-P e #21 torn
BERENBA & WEINSIIIENK, P.C.
3773 Cherry Creek Drive North, #880
Denver, CO 80209 Telephone: (303) 388-0800
•
BERENBAUM & WEINSHIENK, P.C.
ATTORNEYS AT LAW
JOSEPH BERENBAUM PETER R.BORNSTEIN 3773 CHERRY CREEK DRIVE NORTH EDWARD L.SPERRY MANDEL BERENBAUM
H.MICHAEL MILLER EDWIN G. PERLMUTTER M.FRANCES CETRULO OF COUNSEL
JOSEPH 5.BORUS CHARLES A.BEWLEY SUITE 880 NEIL B.OBERFELD
ISAAC H.RAISER JAMES A.JACOBSON DENVER,COLORADO 80209 KENNETH S.KRAMER HUBERT T.WEINSHIENK
BARRY PERMUT MARTIN D.BUCKLEY DAN A.SCIULLO (1931-1983)
HOWARD B.GELT AMY THERESE LOPER (303) 388-0800 WILLIAM D.BURRING,JR.
JON M.ZALL STEVEN C.HOTH ANTHONY L.LEFFERT
CHARLES P. LEDER KEITH M.POCKROSS TELECOPIER (303) 368-7610
JAMES L.KURTZ-PHELAN DAVID H.GOLDBERG
RONALD I.ZALL
July 10, 1990
CERTIFIED MAIL - RETURN RECEIPT
REQUESTED
COUNTY BOARD OF EQUALIZATION
County of Weld
915 10th Street
P.O. Box 758
Greeley, Colorado 80632
Re: Schedule No. : 131310100028
Our File No. : 90-1054/01389 . 148
Dear Sir or Madam:
Pursuant to the provisions of Section 39-8-106, C.R.S. , we
hereby submit the enclosed Petition to the County Board of Equali-
zation appealing the denial by the County Tax Assessor on behalf
of the property owner identified on the Notice of Denial, a copy
of which is enclosed.
Also enclosed is the name of the attorney who will be appear-
ing on behalf of the property owner in the hearing before the
County Board of Equalization and a list of all appeals to your
Board for which such attorney will appear. We would respectfully
request that the hearing before the County Board of Equalization
and all the appeals listed on the enclosed document be scheduled
in a single time block in order to reduce the amount of time which
must be expended by the Board and by this firm in connection with
such hearings . The enclosed list also indicates the preferred
dates and times on which the responsible attorney will be available
for hearings before the Board.
In the event the Board does not grant, in whole or in part,
the appeal from the County Tax Assessor's denial for the property
for which the appeal is being made, please note in your records
BERENBAUM & WEINSHIENK. P. C.
County Board of Equalization
July 10, 1990
Page 2
that copies of denials should be mailed to this firm, to the
attention of Carol Crist.
Very truly yours,
BERENBAUM & WEINSHIENK, P.C.
By:
ames L. rtz-Phelan
Registration No. 2135
CERTIFICATE OF MAILING
I hereby certify that on the /ad day of July, 1990, a true
and correct copy of the above Petition, together with all exhibits,
was placed in the United States mail, certified mail, return re-
quested addressed to the Office of the Assessor for the County of
Weld, State of Colorado. K--2449/,(7-2-1-al
ATTORNEY: James L. Kurtz-Phelan
COUNTY: Weld
Schedule Number
131310100028
131310100028
PREFERRED
DATES FOR
HEARINGS: July 16, 1990 through July 20, 1990
July 24, 1990 through July 27, 1990
July 30, 1990 through August 3, 1990
August 6, 1990 through August 10, 1990
AUTHORIZATION
I [We] hereby authorize the law firm of BERENBAUM & WEIN-
SHIENR, P.C. , to process my [our] protest and any appeal of the
valuation of my [our] property including the signing of any protest
forms or applications for review, or requests for abatement of
taxes previously paid. d
DATED this 5? day of G> , 1990 .
NAME OF PROPERTY OWNER(S) :
RONALD HIATT, as Receiver for
DQ RESTAURANTS OF COLORADO, LTD.
By:
Ronald Hiatt
( OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE(303) 356-4000. Err. 4200
•
P.O. Box 758
WI I(liege itle
GREELEY, COLORADO 80632
COLORADO
July 25, 1990
D Q RESTAURANTS OF COLORADO LTD
10763 TURNER BLVD
LONGMONT, CO 80504
The Weld County Board of Equalization has scheduled your hearing for
Friday, August 3, 1990, at or ab ut 11:00 A.M. regarding your
tax assessment for property in Weld County, Colorado, described as:
25107-G PT NE4 10 2 68 BEG E4 COR SEC N89D49'W
451.4' NOD24'E 1848.43' TO TRUE POB N0D24'E 150'
N89D36'W 299.99' SOD24'W 150' S89D36'E 299.99' TO
TRUE POB (1.03A M/L) (PARCEL B)&3944 HWY 119&
The public hearing will be held in the Chambers of the Board, Weld
County Centennial Center, First Floor, 915 10th Street, Greeley,
Colorado, at the above specified t the.
Procedure for hearings before the Weld County Board of Equalization
will be as follows:
Assessor:
1) The Assessor shall present his case first. He shall
present evidence concerning the manner in which the
property was assessed, both orally and in written form.
(15 minutes)
Taxpayer:
1) The taxpayer will present his case second.
2) Taxpayer may present all evidence, orally and/or in
written form as exhibits.
3) Evidence presented will be limited to actual or
assessed values of like properties or sales of like
properties from January 1, 1987 through June 30, 1988.
Testimony concerning tax amounts and their usage by law
are not applicable at this hearing. (15 minutes)
Page 2
RE: BOE - R5589386
Decision of County Board of Equalization:
1) By law, the valuation of property for taxation as
determined by the Assessor is presumed to be right. The
taxpayer is therefore required to present sufficient
evidence to prove his case.
2) The decision of the County Board o£ Equalization shall
be based only on the testimony goduced and exhibits
introduced at the hearing.
3) The decision of the County Board of Equalization shall
include a statement of findings and conclusions upon all
the material issues of fact and law presented and shall
either affirm the Assessor's assessment or shall amend
it as stated.
If you are unable to attend at the time scheduled above, please
contact this office immediately. Our phone number is (303)
356-4000, ext. 4225.
Sincerely,
Donald D. Warden
Weld County Clerk to the Board
(- ✓ /1 i
672civl�-cam ,u. '
D uty Clerk to the Board
P 556 982 534
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
DQ RESTAURANTS OF COLO. , I ,
10763 TURNER BLVD
LONGMONT, CO 80504
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
N
m Return Receipt showing to whom.
Date. and Address of Delivery
d
j TOTAL Postage and Fees S
G
om Postmark or Date
ea
E
0
LL
N
a
X30
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receipt fee will provide you the name of the person delivered to and
the date of delivery. For additional fees the following services are available. Consult postmaster for fees
and check boxies)for additional servicelsl requested..
1. ❑ Show to whom delivetratl, date, and addressee's address. 2. ❑ Restricted Delivery
if charge) (Extra charge)
3. Article Addressed to: 4. Article Number
DQ RESTAURANTS OF COLO. , LTD rat-
10763 TURNER BLVD Type of Service:
❑ Registered ❑ Insured
LONGMONT, CO 80504 LTcenniad ❑ COD
❑ Express Mail ❑ Return Recei t
for Merchanr�ise
Always obtain signature of addressee
- - ---- -- - - - or agent and DATE DELIVERED.
S. Sig ture - Addressee 8. Addressee's Address (ONLY if
X cry\ requested and fee paid)
6. Signature — Agent
7.. Date of Delivery
? - 7 -40
PS Form 3811, Apr. 1989 a U.e.G.P.0.1989-238-815 DOMESTIC RETURN RECEIPT
ivy()
BOARD OF EQUALIZATION
WELD COUNTY, coLORADO
ASSESSOR'S PIN NUMBER x.5.8.9•.3,,1,
STIPULATION (As to Tax Year fiV7 O Actual Value)
:N RE PETITION OF;
A
Name: �Y �i��`. _T 1�u /; N-r.t, n F- (t i.t. 4 T i
Address: /(7-/4 a 7L4,0./.1i-o2 /?Lvc/
'n'_T ri(a R st a 7S F F f L.0.3 03'�o �r D by /33 aWI�
Petitioner (S) , Aefka4� 4,./JA/ 1/hENK
and the weld county Assessor, Thererly enter into -this itlpulation
regarding the tax year /y 9c7)) valuation of the subject
property, and jointly move the Board of Equalization to enter its
el-der based on this Stipulation.
:he Petitioner (s) and the Assessor agree and stipulate as
fcalows:
I . The property subject to thip Stipulation described
'��� T — /
_2 , The Subject property .i_, classified as fe-).::;T od
,vtrj_,flni7 property (what type) ,
3 . The County Assessor originally assigned the following
r^rual value on the subject property for tax year /F9c
Land
Improvements $ 1/0,
Total x--- .t � SS
4 . Aftc: iurtn,,tr ro iew and negotiation, the Peti ionez ( e)
rd Weld ;.": 7' t.1' �Jsesc,:; }r�ree to the following tads bear..
� . y 'jV ` t, al value fen thCR S1t;32ect property:
• •
_ .. _
1,,nd ; /-Q 1/77
I.7.provements ! �y
Total $
5 . The valuations, as established above , shall be binding
only with respect to tax year
6. Brief narrative as to why the /reduction
.!117 t` a _ 1waa made.
�'• _.r�)h'ffT�+-��E- C ji r.s -�. , ,• �^— �- 7 t.� 1��T •�fal �
I gar 074,04e
•
7. Both parties agree that the hea-inq scheduled before the
Board of� Equalization on /2y 74 L-T (date) at
/is at, .4,N) (time) be va ted; or , d hearing-has not yet
been scheduled before the Board of Equalization (Check if
appropriate) . -
•
DATED this ,..2v4 day of c 996 .
PeC:tioner (s) -or Attorney tit i0 er a or ttorney i
Ott FN7,+, lz1lt.Rterl� --
Address : Address :
Rh+r�vq
,-(/.,5 lTN r1: 57471. r
1a= ` , '.1! _�t'�11�3/ ,_4773 f'lzp-P i r?c�� �t,r,� 88o
tILu 4' e t C • $..4111to
Te lephone t :3:2L2/2X(' FA X �
Te lephor►e t_Vn IL 38, ,ei re0
•
/ , y f -
Court y Assessor
Address ;
915 Tenth Street
Greeley, corCrada 80631
Telephone: 356-4000 , ext. 4256
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