HomeMy WebLinkAbout910751.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO
PETITION OF:
EISENMAN E & M
1612 1ST AV
GREELEY, CO 80631
DESCRIPTION OF PROPERTY: PIN: R 0146487 PARCEL: 095911327005 - GR 5CG-C
TR C COLLEGE GREEN 5TH FILING
WHEREAS, the Board of County Commissioners o£ 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 Tax Profile Services, Inc. ,
who was not present, 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 o£ the following three
options:
1. Board of Assessment Appeals: You have the right to appeal the
910751
Page 2
RE: BOE - EISENMAN E & M
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.
Arbitration Hearing Procedure: Arbitration hearings are held
910751
Page 3
RE: BOE - EISENMAN E & M
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 by the following vote on the 30th day of July, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: " I D dop WELD CO TY COLORADO
Weld County Clerk to the Board
Go aC c hairman
•
B /7—
�- -
Deputy Clerk to the Geo a Kenn y, Pro- em
APPROVED AS TO FORM: , ;,2- " 6-�ri/
onstta/ance L. Harbert
ilteilli
Assistant County Attorney/4111 C. W. Kirby *
b74d)./A zt
W. H. Webster
910751
BOE DECISION SHEET
PIN #: R 0146487 PARCEL #: 095911327005
EISENMAN E & M
1612 1ST AV
GREELEY, CO 80631
HEARING DATE: July 30, 1991 TIME: 1:30 P.M.
HEARING ATTENDED? (Y ) NAME:
AGENT NAME: TAX PROFILE SERVICES INC S-1eit. '5
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION `>L_.
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 119421 $
Improvements OR
Personal Property 280579
Total Actual Value $ 400000 $
COMMENTS: t
MOTION BY Cj F-j TO
SECONDED BY /� Lacy fa N)
Kennedy ON)
Failed to meet burden of proof Harbert d' N)
Comparables inadequate Kirby ;ION)
.,.Assessor's data unchallenged Webster 1/441 N)
Other:
RESOLUTION NO. 91O751
- ---
---
OFFICE OF COUNTY ASSESSOR
fJQ72CE OF F 91510th STREET
(11;)
WIRD
DENIAL
GREELEY,COLORADO T.42
PHONE(303)356-4000, EXT.4256
lO GR 5CG-C 7°R C COLLEGE GREEN 5TH FILING
COLORADO
4o9a
W 2p
'T GREELEY
OWN=R EISENMAN E G M CO
E.--.R
E G P1 CO
PARCEL 095911327005
PIN R 0146487
1612 1ST AV
CREEL_Y
C0 )306:51YEAR 1991
LOG 02452
Q5/22/1991
The appraised value of property is based on the appropriate that your property should be included in the followingcategory(ies�ation of the approaches to value required by law. The—_Residentialproper Assessor has determinei
-- Agricultural land value is determined solely
cost and market approaches. - -
_—Producing mines are assessed at 25%of the grosshproceedsgorr100%of theno productive pacity of the land, capitalized at a rate set by law.
et proceeds,whichever is greater.-
--Oil and gas leaseholds and lands are assessed at 87.5% of the gross value of the oil and/or -
secondary Production is valued at 75%. gas sold or transported from the premises on
primary production;
property, including vacant land, is valued by considering the cost, market,and income approaches.
If your concern is the amount of your
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.
property tax, local taxing authorities (county, city, fire protection, and other special districts) hold
I
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 CHANGE HAS BEEN MADE TO THE ACTUAL VALUATION OF
COLORADO LAW REgUIRES US TO SEND THIS NOTICE OF
PROPERTIES UN WWICH WE DO NOT ADJUST THE VALUE.
THIS PROPERTY.
PAGFE DENIAL FOR ALL
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION
ESTIMATE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW ACTUAL VALUE
AFTER REVIEW
LAND
IMPS 1192421 1192421
11 2802579 2HC 279
f you disagree with the Assessor's decision,you have the right to app
TOTALS $
$
y Board of Equalization for further consideration,
;9.8-106(1)(a),C.R.S. Please see the back of this form for detailed information on filinppeal to the Count 40.. 2 JOD $ 40C 300C
COC
3y: WARREN •
gL. 9 Your appeal
914751
LASELL
WELD COUNTY ASSESSOR
i-DPT-AD '
PETITION FOR REVIEW
`r 11 J'7: 5 4
TO THE HONORABLE WELD COUNTY BOARD OF EQUALIZATION
TO _
Petitioner, VENTS c/o Tax Profile Service (TPS INC. ) 3113
E. Third Ave. Suite 200, Denver Co. 80206, requests review
of the County Assessor's Notice(s) of Determination or
Denial for the Subject Property (described below) for tax
year 199/ . Copies of the Notices of Determination or
Denial for the Subject Property aro attached hereto and (
ha.-< w.7- b.e ttecerv2d
DESCRIPTION OF SUBJECT PROPERTY:
Schedule number #0959-11-3-27-005 O NI-(09-g'7
Location: Store #19 4695 20th St .
The subject Property is described, with schedule numbers,
on Exhibit A, a copy of which is attached hereto and
incorporated herein by reference.
ESTIMATED TIME FOR PETITIONER TO PRESENT CASE:
minutes, or 1 hours.
REPRESENTATION:
Petitioner requests a hearing at which petitioner will be
represented by the following registered agent, Tax Profile
Services INC. , or legal Counsel: Lee H. Bartholomew,
Attorney, Regestration #6715; Address: 3113 E. 3rd Ave.
Suite 200, Denver Co. 80206 Telephone (303) 322-2468 FAX
(303) 322-2440.
CERTIFICATE OF SERVICE
I certify that I have served a copy of this Petition, with
attachments, on the County Board of Equalization by hand
delivery, this /zTti day of July,. 199/ .
TAX PROFILE SERVICES, INC.
By
Mark . von Eng n
3113 E. 3rd Ave. Suite 200
Denver, CO 80206
Telephone: (303) 322-2468
TPS/1016
910751 51
CLERK TO THE BOARD
P.O. BOX 758
lKiti GREELEY,COLORADO 80832
(303)3561000 EXT.4225
WI C.
COLORADO •
July 16, 1991
Parcel No. : 095911327005 PIN No. : R 0146487
EISENMAN E & M
1612 1ST AV
GREELEY, CO 80631
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Tuesday, July 30,
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.
910751
EISENMAN E & M - R 0146487
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,
BO D OF EQU IZAT ON
�'�d?
Donald D. Warden,
Clerk to the Board
'�J
BY: Carol A. Harding, Deputy
cc: Warren Lasell, Assessor
TAX PROFILE SERVICES INC,
91C7d51
UIIICLUI CUI,�lY :\sJf.SJUii
915 10th STREET
GREELEY,COLORADO 80631
?•t i T i C h Q•
==i:L Ft L PHONE(303)3564000, EXT.4256
i R C COLLEGE GREEN 51 H FILING
�i •
COLORADO
4095 LJ ::? ;:S'<.-:ELEY
{1;; i :I5%:;i„Aii 6 11 Cry
. RISE E .°, 11 CO PARCEL O15311327O5
P ra R O144)467
Iola 13T AV YEAR : 9'?1
[3Rr.7.1:7.1—..:Y ' C] ;.;o i1 LOG 02^152
: .4 22/1 7491
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%.
Alf 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 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 reasons for this determination of value are:
NO CHANGE HAS ti~-N t1r-,i E TO THE ACTUAL VALUATION OF THIS PROPERTY.
COLORADO LAil E?,_•.;U1IRES US TO Sci+J THIS NOTICE OF ,;7ENIAL FOR ALL
i'RCpERTIES UN WHICH tIOT ADJU5T THE VALUE.
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 1 19, 4._1 119; 421
Ii4P5 EX 141711� ZEia, 579 2tiC) _ 9
.�
pill*0 087
TOTALS $ $ 4 O;: $
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: WARREN L. LASELL , /,, 7/<ri
WELD COUNTY ASSESSOR DATE 15
�5•DPT-AD AnnrTirrom troco mitkTion., nR1 p+ ic_oor. otnr_
COMPARABLE SALE
78
SELF
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PIN: 1753286 PARCEL #: 95901323002
OCCUPANCY: CONVENIENCE STORE
ADDRESS: 10 ST W 2803
GREELEY
SALE DATE: 08/30/89
SALE PRICE: $552,000
GRANTOR: GALLENSTEIN, ROBERT
GRANTEE: CONOCO INC BLDG SIZE: 2, 700
CONSTRUCTION-QUAL: LOW YEAR BLT: 1987
PR/SF(IMPS) : $158.27 CLASS: C
PR/SQ FT: $204.44 WALL HEIGHT: 15 FT
LAND SIZE: 17,810
LAND VALUE: $124,670
LAND/BLDG RATIO: 6.60
REMARKS: 4 DISP/8 HOSE; 20,000 gal. STORAGE;
1, 157 sf. CANOPY.
91.0751
1
COMPARABLE SALE
95
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*,\ ;,*';r,k ,�'
1r
n„lae . 1vle
t 11'
1,4=1
r� .{ x -
u6. s,t
PIN: 2188186 PARCEL #: 95912209017
OCCUPANCY: CONVENIENCE STORE
ADDRESS: 35 AV 1000
GREELEY
SALE DATE: 01/15/90
SALE PRICE: $405,000
GRANTOR: RAM PETROLEUM
GRANTEE: CONOCO BLDG SIZE: 1 , 581
CONSTRUCTION-QUAL: NO DATA YEAR BLT: 1984
PR/SF(IMPS) : $183 .06 CLASS: C
PR/SQ FT: $256. 17 WALL HEIGHT: 10 FT
LAND SIZE: 16, 512
LAND VALUE: $115,584
LAND/BLDG RATIO: 10.44
REMARKS: SALE INCLUDES 2500 4 DISP, 24 HOSE; 1 SGL DISP; 38000 GAL STORAGE
AND SF CANOPY
0
916751
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