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HomeMy WebLinkAbout910818.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: K & C DEVELOPMENT CO 14504 I-25 FRONTAGE RD LONGMONT, CO 80501 DESCRIPTION OF PROPERTY: PIN: R 0208387 PARCEL: 120723002000 - RAD LOTS 1 THRU 9 & LOTS 11 THRU 14 BLK1 - LOTS 1 THRU 10 BLK2 RADEMACHER SUB (4.75R 3D) 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: 910818 Page 2 RE: BOE - K & C DEVELOPMENT CO 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 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. 910818 Page 3 RE: BOE - K & C DEVELOPMENT CO 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 by the following vote on the 2nd day of August, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: liptilkieue4 WELD COUNTY CO RADO Weld County Clerk to the Board Gordo y, rman nBY: / , c Deputy`Cle t and Georrggnnnee Pro-Te��C--t--- APPROVED AS TO FORM: "�in�_ep )(���.Z[,ce onstance L. Harbert /AssistantCounty Attorney C. it i�/� EXCUSED W. H. Webster 910818 BOE DECISION SHEET PIN 4: R 0208387 PARCEL #: 120723002000 K & C DEVELOPMENT CO 14504 I-25 FRONTAGE RD LONGMONT, CO 80501 HEARING DATE: August 2, 1991 TIME: 1:30 P.M. HEARING ATTENDED? ( ) NAME: AGENT NAME: FENTON GREINER & YATES INC NORTH AMERICAN PROPERTY CONSULTANTS DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 57872 $ Improvements OR Personal Property Total Actual Value $ 57872 $ COMMENTS: MOTION BY ,}/-*/ TO2 SECONDED BY -7 Lacy ) Kennedy N) Failed to meet burden of proof Harbert N) Comparables inadequate Kirby N) Assessor's data unchallenged Webster Y/N) Other: RESOLUTION NO. 91061d in association with NORTH AMERICAN PROPERTY CONSULTANTS, INC. FILE NUMBER AUTNDRIZED BY ADDRESS 62-91-002151MC Kenneth Williamson 14504 1-25 Frontage Rd. FOR OWNER K & C Development CD. PARCEL `UMBER SCHEDULE NUMBER PIN NUMBER PROPERTY LOCATION 120723002.00 R 0208 38 7 FENTON, 3GREINER & YATES, INC. In association with WORTH AMERICAN PROPERTY CONSULTANTS, INC. protests the value on the property noted herein because it is the opinion of the appraisers that the three approaches to value have mil., been e c ' properly utilized and correlated to achieve the correct valuation for tax year 1991. Appropriate documentation our opinion of valuation will be presented formally at nearing. M_ SUBMITTED BY: Ruth Buttram Tom DeCora Greg Lip. c ADDITIONAL INFORMATION TO CONSIDER . Ourappraisal report indicates that the three approaches to value, properly correlated indicate the value on this ': property is excessive as indicated on the Notice of Determination provided by the assessor for 1991. r• v — FENTON, GREINER & YATES, INC. in association with NORTH AMERICAN PROPERTY CONSU=LTANTS, INC. 640 East Eisenhower Boulevard Suite A Loveland, Colorado 80537 03-669-3263 �� / OFFICE OF COUNTY ASSESSOR 915 10th STREET - ." GREELEY,COLORADO 80631 NO TZCE'. OF DENIAL PHONE(303)356-4000, EXT.4?56 RAD LOTS 1 THRU 9 6 LOTS 11 THRU 14 BLK1 7 LOTS 1 V , ® . THRU 10 BLK2 RADEMACHER SUB (4.75R 3D) COLORADO - OWNER K 6 C DEVELOPMENT CO A PARTNERSHIP FENTON GREINER 6 YATES INC PARCEL 120723002000 NORTH AMERICAN PROPERTY CONSULTANTS PIN R 0208387 640 E EISENHOWER BLVD SUITE A YEAR 1991 LOVELAtiD CO 80537 LOG 04036 05/31/1991 - 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 valuedat 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. Tile Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest and has deter- m ned the valuation(s) assigned to your property.The reasons for this determination of value are: AFTER REVIEW OF THIS PARCEL NO ERRORS IN SOIL CLASSIFICATION OR ACRES WERE DETECTED• VALUE INCREASE OR DECREASE IS REFLECTIVE OF 10 YEAR AVERAGES IN PRODUCTION AND COMMODITY PRICES. THESE PROCEDURES TO ESTABLISH VALUE ON AGRICULTURE LAND ARE STATE MANDATED. ISO r 4- a41-4 PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE , ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND 578872 578872 IMPS TOTALS $ $ 57 a 872 $ 57 1872 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. t� WARREN L. LASELL 91.11318 By 0.6/07/91 WE LC COUNTY ASSESSOR DATE 4 .!RZf (it 6*et \ " CLERK TO THE BOARD PRP.O. BOX 758 GREELEY,COLORADO 80532 (303)356.4000 EXT.4225 C. COLORADO July 18, 1991 Parcel No. : 120723002000 PIN No. : R 0208387 K & C DEVELOPMENT CO 14504 I-25 FRONTAGE RD LONGMONT, CO 80501 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Friday, August 2, 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. 91_081A K & C DEVELOPMENT CO - R 0208387 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, ARD OF QUA IZA ION f iOy Donald D. Warden, Clerk to the Bo rd BY: i cAtf � Carol Harding, Deput cc: Warren Lasell, Assessor FENTON GREINER & YATES INC, NORTH AMERICAN PROPERTY CONSULTANTS 1 0914 Hello