HomeMy WebLinkAbout901494.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1990, WELD COUNTY, COLORADO
PETITION OF: POWER CAR WASH INVESTORS LTD II
10763 TURNER BLVD
LONGMONT, CO 80504
DESCRIPTION OF PROPERTY: PIN: R 0086087 PARCEL: 131310100038
- 25107-X1 PT NE4 10 2 68 COMM E4 COR OF SEC N89D49 'W 451.4 '
N0D24 'E 1323 . 4 ' TO TRUE POB THENCE N0D24 'E 262 . 09 ' N89D23 'W
299.96 ' THENCE S0D24 'W 261. 33 ' S89D15 'E 300' TO TRUE POB
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 $738, 625, and
WHEREAS, this actual value represents the sum of the value
of the land of the property in the amount of $196, 242 , and the
value of the improvements upon the property in the amount of
$548, 383 , 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.
901494
Page 2
RE: BOE - POWER CAR WASH INVESTORS LTD II
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 3rd
day of August, A.D. , 990.
ATTEST: (/'
� / ` `VW61 BOARD OF COUNTY COMMISSIONERS
/�'�' / WELD NTY, CO DO
Weld County Clerk to the Board
ene R. Brantner, Chairman
D puty Clerk to the Board
Geo a Ke nedy, Pro- em
APPR D AS TO FO
onstance L. Harbert
f r z i l
County Attorney C. W. K' i' _
Go
OFFICE OF COUNTY ASSESSOR
.915 10th STREET
4,4 - GREELEY,COLORADO 80631
NOTICE OF ADJUSTMENT PHONE(303)356-4000, EXT.4256
���'�� NB9D49aM 481N4e WOD2AaE81323i4a4T0 TROF UE`!OB
COLORADO TNENCE NOD246E 262e09e N139023aW 299•96.•THENCE
S0024141161.336 58913152E 3001 TO TRUE PON
10763 TURNER AV WELD
OWNER POMER toy •4"sttri itat .STORS LTD II
POWER CAR WASH INVESTORS LTD II PARCEL 131310100038
PIN R 0086087
_ `-`' (-2
10763 TURNER BLVD YEAR 1990 °=
O
LONGMONT CO 80604 LOG 00246 --I -
-s ..
OS/24/1990. O-i
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 lies): -
Residential property is valued by considering the cost and market approaches.
Agricultural land value.istiaterminid solely by the eaming or production capacity of the land,capitalized et 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 87.5% of the gross value of the oil and/or gas sold or transported from the premises on
primary production; iry production Is valued at 75%.
All other propart�j h+11g vacant land,is valued by considering the cost,market,and income approaches.
If your amen h the aRlouat of your property tax, local taxing authorit'se (county,city, fin protection, and other special districts) hold
budget hearings in the tat Please refer to your tax bill or ask your AsssISOr 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 deter-
mined the valuation(s)assigned to your property.The raarac for this determination of value are:
YOUR A38B.SSNENT HAS BEEN AD-3USTED TO REFLECT THE FOLLOWING CHANGES:
CHANSED HEALTH SPA SIZE AND INCLUDED SQUARE FOOTAGE IN NEN
OCCUPANCE OF RETAIL STORE. DISTRIBUTED CONCRETE VALUE
BETWEEN 3 OCCUPANCIES.
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 196,243 196e243
•
IMPS 681,119 630,217
•
TOTALS $ $ 1177a362 $ 826e460
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration,
3g-8-10600(,),C.R.& Please see the back of this form for detailed information on filing your appeal.
By: RICHARD W. KIIRNES OA/O7/8O
WELD COUNTY ASSF SOR DATE 15-OPT-AD 20 Q,
Form PR-207 87/90 ADDITIONAL INFORMATION ON REVERSE SIDE
'aNpWiw....wMlR�aa�y ,. .
YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION
The County Board of Equalization will sit to hear appeals beginning July�1 and continuing through August 10 for real property
(land and buildings) ,a.n0 personal property ffurnjshings, machinery, and elquipn-jentli 39-8-104 and 39-8-107(2), C.R.S.
REAL PROPERTY APPEAL-PROCEDURES,' (Land and BaildingsX ' • ' - - r ,
If you choose to•apptal the Assessor's decisiorf, mail or'deliver orte copy of this completed form to the County Board of
Equalization. To preserve.your right to appeal, your appeal ctul6t be POSTMARKED OR:DELIVERED ON OR BEFORE
JULY 10.
PERSONAL PROPERTY_ APPEAL PROCEDURES: (Furnishings, Machinery, and Equipment)
If you choose to appeal the Assessor's decision, mail or,deliver one copy of this completed form to the County Board of
Eq,ia!ization. To preserve your right to appeal, your appeaf must be POSTMARKED OR DELIVERED ON OR BEFORE
JULY 15.
1 .
WELD COUNTY BOARD OF EQUALIZATION
"915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (3031 356-4000. Ext. 4225
•
NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appea;.
COUNTY BOARD OF EQUALIZATION'S DETERMINA_TrON:
Tne Co:_inty boa u o' Equaiization must make e decision on your appeai and mail you a determination within five business
days. The County Board must conclude their hearings by August 1O.
TAXPAYER RIGHTS FOR FURTHER APPEALS;
not satisfied with the County Board of Equalization's decision, you must file within thirty days of the County
B0. -0 of Equa;;zation's decision to ONE of the following:
Board of Assessment Appeals (BAA):
Contact the BAA at 1313 Sherman, Room 523, Denver, Colorado 80203, (303) 866-5880.
District Court:
9th Avenue and 9th Street, P.O. Box C
Greeley, Colorado 80632
Telephone (303) 356-4000, Ext. 4520
-Arbitration: •
WELD COUNTt BOARD OX EQUALIZATION • • ' J
'9'15'ldth Sireet, P.O. Box 758 • •
• ' 'Gr.leley,'Colorado 80632 - - •
' Telephone (303) 356-4'000,fxt. 4225• • '• • • ' " ' • • . -
If vc.., "c --t receive a determination from the County Board of Equalization by August 25, you must file an ap
peal with
the Boarc of Assessment Appeals by September 24.
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. Attach additional 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 Garitten
Letter of Objection 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 attached hereto. The property owner disagrees with the County
Tax Assessor's re-asons for denial set forth in the Notice of Determination. Additional informa-
tion and evidence in support of this appeal will be submitted during the hearing before the
County Board of Equalization and the property owner hereby reserves the right to submit
additional doccunents at the hearing.
July l0r 1990
f41G .ATURE OF PETITIONS 'S Kurtz-Phelan 21.3b
- BERDNIBAt q & WEINSHIEm, P.C. DATE
3773 Cherry Creek Drive North 4880
Denver, _C:4�-SA2Q�_. 'fie-ePhon.Q: (303) 388-0800
BERENBAUM Sc WEINSHIELNK{5•p,-C
ATTORNEYS AT LAW
( Li i1:JOSEPH BERENBAUM PETER R.BORNSTEIN 3773 CHERRY CREEK DRIVE num.H _ EDWARD L.S'ERRY MANDEL BERENBAUM
H. MICHAEL MILLER EDWIN G. PERLMUTTER
JOSEPH S.BORUS CHARLES A.BEWLEY SUITE 880 _ M.FRANCES CETRULO OF COUNSEL
ISAAC H.KAISER JAMES A.JACOBSON
�' NAIL B.OBERFELD
BARRY PERMUT MARTIN D.BUCKLEY DENVER,COLORADO 80209 %ENN_ET�Hy 5.KRAMER HUBERT T.WEIN S HIENK
HOWARD B.GELT AMY THEREBE LO PER 70 T'r{c F�iiritN 1TiLLO (1931-1983)
JON M.ZALL STEVEN C.HOTH (303) 388-0800 '- L'A D.BUR DING.JR.
CHARLES P. LEDER KEITH M.POCKROSS TELECOPIER (303) 388-7610 ANTHONY L.LE FFE RT
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. : 131310100038
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 adjustment by the County Tax Assessor on
behalf of the property owner identified on the Notice of Adjust-
ment, 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.
es L. Ku z Phelan
gistration No. 2135
CERTIFICA OF MAILING
I hereby certify that on the /nd 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. /
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-
SHIENK, 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.
DATED this 9 day of / (��,� et
, 1990.
NAME OF PROPERTY OWNER(S) :
RONALD HIATT, as Receiver for
POWER CAR WASH INVESTORS, LTD. II
By ettofi rIiy�� /
ald Hiatt
___ _ -n
re
OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHarrE (303) 3564000, Ext. 4200
P.O. Box 758
GREEL.EY, COLORADO 80632
C.
COLORADO
July 25, 1990
POWER CAR WASH INVESTORS LTD II
10763 TURNER BLVD
LONGMONT, CO 80504
The Weld County Board of Equalization has scheduled your hearing for
Friday, August 3, 1990, at or about 11:00 A.M. regarding your
tax assessment for property in Weld County, Colorado, described as:
25107-X1 PT NE4 10 2 68 COMM E4 COR OF SEC
N89D49'W 451.4' N0D24'E 1323.4' TO TRUE POB
THENCE N0D24'E 262.09' N89D23'W 299.96' THENCE
SOD24'W 261.33' S89D15'E 300' TO TRUE POB
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 time.
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 - R0086087
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 of Equalization shall
be based only on the testimony produced 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
By:
epu y Clerk to the oard
•
P 556 982 509
RECEIPT FOR CERTIFIED MAIL
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Date. and Address of Delivery
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SENDER: Complete items 1 and 2 when additional services are desired, and complete items
lir 3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this car
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 baffles)for additional servicelsl requested.
1. ❑ Show to whom deliver date, and addressee's address. 2. ❑ ReeroctedD slivery
charge)
3. Article Addressed to: 4. Article Number
t r r0 ?
ER CAR WASH I VESTORS LTD II dt.
Service:
ery S f
63 TURNER BLV ❑ R Type of ervred Ill
GMONTi CO 80404 Certified ❑ COD
❑ Express Mail ❑ Return Receiput
P for Merchantlisa
Always obtain signature of addressee
or agent and DATE DELIVERED.
6. Sig ture — dressee 8. Addressee's Address (ONLY if
requested and fee paid)
e. Signature Agent
X 1/S-
7. Date of Deliry
7 •.a7 -90
PS Form 3811, Apr. 1989 *U.S.G.P.0.1989-238-815 DOMESTIC RETURN RECEIPT
- - i _ .. ' .. .. ..
1
1990
BOARD OF EQUALIZATION
WELL? CCUNTY, COLORADO
ASSESSOR' S PIN NUMBER 6r .Se l'? 7
STIPULATION (As to Tax Year /`j Y0 Actua1 value)
IN RE PETITION OF: _
Name
Address: ic7er;3 Tit ,:',/A /.4t_v�r
L riv N r)
is<1P e14IZ V.114 O) �.�vv�--rte 74 � by h1�aAi7
A) rl
c(f10,41NJ Prl C•it Arpy wok)
Petitioner(s), l.z!?FAtbAttm I ItI ludi nCvK +�• C
and the weld County-j Assessor, Areby enter into thiS Stipulation
regarding the tax year _ 199(.2 valuation of the subject
property, and jointly move the Board of Equalization to enter its
order based on this Stipulation.
The Petitioner (s) and the Assessor agree and stipulate as
follows:
1 . The property subject to this Stipulation is des wed
a s : �
�--- •
...`�•v ;� classified as !C
M s4 clef-t pIti �e
property (what type .
Asses.=.or ors 7inally assigned the following
! T };:e5'lln ec;t property for tax year /1790
Land /94,
TmFroJerents S 1, / / '
Total 77
g . After further review and negotiation, the Petitionsr(ar
and .
� d weld acount 14sessor agree to the tual following
value for the subject property:
■ ■
_ _ _ __ _ _ _ ,. _
$
/` Gs
Land - i R x :;
Improvements shall be binding
Total d above,$ valuations, e� $stagahe
The . triads i
S . get to tax y Ntas� !c' . 7F 6 .nn�Y with yelp wt► the reduction _ ,v- 7 N
Brief narrative, a£ tot Y��151 �� ., Aid � �
. A .. r• el ,
rAt , !�a d s7 'Al ,.
1
l�rj([[ the
� r' »N` scheduled before at
the rearing (date)
7 . Both parties agree . �� f�c� has not yet
on pzr, a caring (check t
Board of Equalization
be v ate
/! edI .M. of Ecqualization ---.r
bash scheduled before the Board
appropriate) , 1. 1 990 .
DATED this .�� of cif day � ,--� -
or Attorn
Petitioner is - -17 1��1RctTk J
ar Attoxney f- . 7,Ni : Wia.r.ipm
petit�.os�er s Areas :
.f A e ,
Address; 7l� T - '� EN Ala! : - . _ 7� `u 7C LPT�uG
i_o_t_____7 4 3 I 0
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Te1gPhonel
Telephone �i'4 ' .J '1 ,. '
.� . —i-6-"L-1-------------- --L
, 1•.--11:mint 1 esessor
Addreez
915 Tenth ol.ora o t 4 1
Gzee 1e
Telephone: 356-40t}� ext. . 4256
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