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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 A NO INSURANCE COVERAGE PROVIDED al Q NOT FOR INTERNATIONAL MAIL < O �e (See Reverse) ) +c O� r 3e', ox 'Dp G r? p Certified i �OS L O �S'olh f 0. Special Delwe 1" Restricted Delivery 0 Return Receipt showing tef to whom and Date Delive, to cn Return Receipt showing to w. Date. and Address of Delivery m j TOTAL Postage and Fees 1 8 Postmark or Date m r7 N 7.7e;/0Z5 a. . 14r) 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 . Q 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 Hello