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Home My WebLink About910813.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: TWENTY-FOUR 24 (2424) PARTNERSHIP 1355 S. COLO BLVD #602 DENVER, CO 80222 DESCRIPTION OF PROPERTY: PIN: R 2360786 PARCEL: 095913115007 - GR BC1-F TR A BLK1 BRENTWOOD PK BEG 633.59' W OF SE COR TR A TO WLY LN 24TH AVE THENCE ALONG WLY LN CURVE R RADIUS OF 430' CHORD BEARS N28D20'E 252.64' N45D10'E 159.35' THENCE ALONG CURVE L RADIUS 264.19' 72.05' TO SLY IN RESERVOIR RD 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: 910813 Page 2 RE: BOE - TWENTY-FOUR 24 (2424) PARTNERSHIP 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 o£ 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. 910813 Page 3 RE: BOE - TWENTY-FOUR 24 (2424) PARTNERSHIP 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 CBOE. 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 b the followin vote on the 2nd day of August, A.D. , 1991. 4 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, C ORADO i Weld County Clerk to the Board Gordon ac , ' rman 47 74 r By: 7 , l „24,z_Deputy Clerk Clerk to th aar eorge Ken edy, Pro-Tem APPROVED AS TO FORM: �,��,�� Constance L. Harbert ' Assistant County Attorney C. W. Kirby EXCUSED W. H. Webster 910813 BOE DECISION SHEET PIN 0: R 2360786 PARCEL 0: 095913115007 TWENTY-FOUR 24 (2424) PARTNERSHIP 1355 S. COLO BLVD 0602 DENVER, CO 80222 HEARING DATE: August 2, 1991 TIME: 8:30 A.M. HEARING ATTENDED? (Y/N) NAME: Z�h AGENT NAME: FENTON GREINER & YATES DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 504341 $ Improvements OR Personal Property 3368212 Total Actual Value $ 3872553 $ COMMENTS: MOTION BY TO SECONDED BY a {� Lacy N) /" Kennedy N) Failed to meet burden of proof Harbert N) Comparables inadequate Kirby N) Assessor's data unchallenged Webster /N) Other: RESOLUTION N0. 910J1J orrlcl•:OFCOUNTY Assrasox 915 10th STRUT �•+ 1.'_'.,i GREELEY,COLORADO 80631 CV i. `_ 'T,iCJ OF DENIAL PHONE(303)356-4000, EXT.4?56 I .DR IC4-.32 TR A BLK1 BRENTWOOD PK BEG 633. 59• W OF SE COR TR A TO WLY LN 24TH AVE THENCE ALONG WLY LN COLORADO u_C RVE R RADIUS OF 4301 CHORD BEARS N28D201E O f 1.7 2,.. _41 N45D10 •E 159.359 THENCE ALONG CURVE L RADIUS 264. 19: 72.05° TO SLY IN RESERVOIR RD 2416 RESERVOIR RD GREELEY • OWNER TWENTY-FOUR 24 (2424) PARTNERSHIP FENTON GREINER E YATES PARCEL 095913115007 PIN R 2360786 BITTERSWEET STATION it3175 YEAR 1991 GREELEY CO 80633 LOG 02144 95/29/1991 • 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(ies): _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 87.5% of the gross value of the oil and/or gas sold or transported from the premises on primary production;secondary production is valued at 75%. All 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, 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: YOUR PROPERTY HAS BEEN UNIFORMLY VALUED FOLLOWING COLORADO LAW AND INSTRUCTIONS PUBLISHED BY THE STATE DIVISION OF PROPERTY TAXATION. YOUR PROTEST OF VALUE HAS BEEN DENIED DUE TO COMPARISON OF OTHER SIMILAR PROPERTIES WHICH SOLD DURING THE 1989/1990 TIME PERIOD. THIS COMPARISON SHOWS YOUR ACTUAL PROPERTY VALUE TO BE CORRECT FOR THAT PERIOD. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND 504; 341 504; 341 IMPS 3; 368;212 3 ;368;212 TOTALS $ $ 3; 872; 553 $ 3;872; 553 If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration, 39-8-186(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. By: WARREN L. LASELL ��/2 s1 91_081.3 WELD COUNTY ASSESSOR DATE 1 97 Porm PR-o7-a7/91 ADDITIONAL INFORMATION ON REVERSE SIDE ‘SIGNATURE OF PETITIONER unit YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S.DECISION Jai .1:��. •- _.J1 1'-.... The County Board of,Equalization will sit to hearripAeals beginning,Julx 1 ,and Continuing through August 10 for real property(f`ndrand uildingsj and"personal' ,roperty f rnisf}rng�s, raachrriery,and equipment). 39-8-104 and 39-8-107(2) C.�:S: _ , ' APPEAL PROCEDURES; '2;1T g< , �, t t ,:I la ;, If you choose to appoat th'6 ssessor's 'mail'or•de'lived'6rfe'eopi'offhisrcompleted form to the County Board of Eelualizatlon. To preserve your right to aj5peai;your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15. 2. �1': 'H', i �� 4,`._ 1 �►: '•ill:; Y i.:��, _:'w ; WELD COUNTY BOARD OF EQUALIZATION -�15 10th street, P.O. Box 758 _ C .R< S sr ? Greeley, Colorado 80632 Telephone (303) 356-4000, Ext. 4225 NOTIFICATION OF 1-1EAIIING: ""_:Y stir-', i'•`)= TATZ' T:: T7 L.1 You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION'S IlittE Ilct4NATION: The County Board of Equalization must make a decision on your appeal and mail you a determination within five business days. The County Board must conclude their hearings by August 10. TAXPAYER RIGHTS FOR FURTHER APPEALS: If you are not satisfied with the County Board of Equalization's decision, you must file within thirty days of the County Board of Equalization's decision to ONE of the following: Board of Assessment Appeals (BAA): • Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303) 866-5880. . District Court: • • -- 9th Avenue and 9th Street, P.O. Box C Greeley, Colorado 80632 Telephone (303) 356-40p0 Ext. 4520 -w �is�.—,V i..i'^T5-J i.:'v :•_y is i::;ks Y T'ri_•l il Y.4 5.i U i;Y T. • +:; r .-:X ,T `( V:' T i.:1• rbitratton::_ �H i Ye �r j i. �:; �. - u� i� _ aF•uT TJL.;-•.T2lt I Tc; it, 1'13 WELDC:OLP\TT14tBOA4460—Pt EQUAL'ZkitiON" v =?3 r tiC•Y •,:; 1T . i _ �,: . � ,-� ; 3'15.16th'Stfeet,'P�.O�'Bo_xi �8� 1�3:rr:. T.. ...: ._ 7 �i?�.�`r2� ey%COICSrsdd9"30632' .7,L nY C..Wia VOL is A*1 9G0 2 iY.T Telephone (303) 356-4000, Ext. 4225 .a 0:A:19 T A!-1T If you do not receive a determination from the County Board of Equalization,you must file an appeal with the Board of Assessment Appeals by September 18. 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 I rsecessary. - . t , s j . • Fenton,Greiner 8i Yates,In. : Bittersweet Station#3175 Greeley,Colorado 80633 '31.081'3 " „ M ,. -et,\gt, \SIGNATURE OF PETITIONER DATE 4(ilit (it CLERK TO THE BOARD P.O. BOX 75e GREELEY,COLORADO 80632 co (303)336.1000 EXT.1225 11 I COLORADO July 16, 1991 Parcel No. : 095913115007 PIN No. : R 2360786 TWENTY-FOUR 24 (2424) PARTNERSHIP 1355 S. COLO BLVD #602 DENVER, CO 80222 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Friday, August 2, 1991, at or about the hour of 8:30 A.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. 91_01.311 TWENTY-FOUR 24 (2424) PARTNERSHIP - R 2360786 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 D.11144 Clerk to the Board ,� I BY: Carol A.1and ng, eputy cc: Warren Lasell, Assessor FENTON GREINER & YATES, _,1.0913 Ira C 0 REALTY CORPORATION July 31 , 1991 Donald D. Warden Clerk to the Board P.O. Box 758 Greeley, CO 80632 Re: Parcel No. 09513115007 Dear Mr. Warden; I am in receipt of your letter dated July 16, 1991 . In this letter, you have asked that if we plan to be represented by an agent that we notify you in writing. The intent of this letter is to inform you that the 2424 Partnership has authorized the firm of Fenton, Greiner, and Yates to represent the partnership in the petition before you. No one other than a representative from Fenton, Greiner , and Yates will be at the hearing scheduled for August 2 , 1991 at 8 : 30am. If you need any additional information, please contact me at the number below. Sincerely, ��.�. (C- n Jill CoBen Property Manager a� _J!9 P.O. Box 556 • 930 S. Monaco • Denver, CO 80224-1601 • (303) 329-3400 Hello