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Home My WebLink About910891.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: NOLAN V MACINE 2315 18 ST GREELEY, CO 80631 DESCRIPTION OF PROPERTY: PIN: R 3573086 PARCEL: 096118205004 - GR 2RG6-8 L8BLK6 2ND ROYAL GARDENS & S1/2 OF VAC 20TH ST RD W OF 22ND AVER2033 22ND AVER 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 Chris Ruff, R & N Tax Consultants, 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: 910891 Page 2 RE: BOE - NOLAN V MACINE 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. 910891 Page 3 RE: BOE - NOLAN V MACINE 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 7th day of August, A.D. , 1991. �� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED Gordon Lacy, Chairman By: (4,472---A-1,C.---1 --��uty Cle Geo ge KennCldy, P o-Tf em -�- APPROVED AS TO FORM: , _ Constance L. Harbert � -- � As istant ounty Attorney C. W. y`x / At' 1/,0--QiNi/ W. H. Webste ‘, 910891 BOE DECISION SHEET PIN It: R 3573086 PARCEL #: 096118205004 NOLAN V MACINE 2315 18 ST GREELEY, CO 80631 HEARING DATE: August 7, 1991 TIME: 10:00 A.M. HEARING ATTENDED? ,;e0 N) NAME: 7"- i1 -t_e ittpc+ AGENT NAME tEdS TAX CONSULTANTS -1 DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 23438 $ Improvements OR Personal Property 237220 Total Actual Value $ 260658 $ COMMENTS: MOTION BY ) TO _-0_-c* SECONDED BY [0- Lacy ,��y/N) Kennedy ON) Failed to meet burden of proof Harbert 4051N) Comparables inadequate Kirby WON) Assessor's data unchallenged Webster N) Other: RESOLUTION N0. 910891 / OFFICE OF COUNTY ASSESSOR 915 10th STREET NOTICE -0F DENIAL GREELEY,COLORADO 80631 PHONE(303)35611000, EXT.4256 wine GR 2RG6 L8DLK6 2ND "ROYAL GARDENS G S1/2 OF VAC 20TH ST RD ,d OF 22ND AVE%2033 22ND AVE% COLORADO • 2c33 2 AV GREELEY OWNER NOLAN V MACINE TRUSTEE ERIS TAX CONSULTANTS PARCEL 396118205004 F'Ita R 3573066 413 MAIN YEAR 1991 .J. ral S Ji': C0 b.) 5 _OG 03844 j'O/31i 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 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: YOUR PROPERTY HAS UEEN UNIFORMLY VALUED FOLLOAING COLORADO LAW AND INSTRUCTIONS FUULISHED BY THE STATE DIVISION OF PROPERTY TAXATION. - YOUR PROTEST OF VALUE HAS SEEN DENIED DUE TO COMPARISON OF OTHER - ItILAR PROPERTIES WHICH SOLD DURING THE 1989/1990 TIME PERIOD. THIS COMPARISON SHOWS YOUR ACTUAL PROPERTY VALUE TO 3E CORRECT FOR THAT PERIOD. PROPERTY CLASSIFICATION PETITIONER'S ASSESSOR'S VALUATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND 2:33 438 23) 438 IMPS 237) 220 237) 220 TOTALS $ $ 260) 656 $ 260) :53 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. WARREN L. LASELL 91_0 91 By: 06/19/91 WELD COUNTY ASSESSOR - DATE 71 15-DPT-AD - F^"" P"-207-87,01 4DDITIQRIgI_ IhIPORNIATIQni r1N 4CVCDCC CIr1C (1,1* CLERK TO THE BOARD ' P.O.BOX 735 GREELEY,COLORADO 50532 C. A0313364000 EXT..225 COLORADO July 23, 1991 Parcel No. : 096118205004 PIN No. : R 3573086 NOLAN V MACINE 2315 18 ST GREELEY, CO 80631 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Wednesday, August 7, 1991, at or about the hour of 10:00 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. 2109991 NOLAN V MACINE - R 3573086 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 Lifaadeht Donald D. Warden, Clerk to the oard r BY: Carol A. Harding, De cc: Warren Lasell, Assessor ERIS TAX CONSULTANTS, .9111931 -__ SS720 $ 6 1;,' EXHIBIT APT200P WELD COUNTY A RUN DATE 05/31/91 1991 PERS _ I / RUN TIME 18:39:08 `�- ii PROTEST TYPE MAIL BY AGENTI - '"4 ' NOLAN V MACINE TRUSTEE . � C r ,. 4 �" ta a ? } 1 � ni g 4 1i 4 diI Of d 4 2315 18 ST ' GREELEY CO 80631 I a ai MAIL TO BOTH HOME 303 _ E3 REASON VALUE TOO HIGH 4 a ni —____----- ; APPOINTMENTS -_ ___/ /__ _ -/-! --:--- _- ---- --/--/--- - -- -- LEGAL GR 2RG6-8 L8BLK6 2ND ROYAL GARDENS G S1/2 OF VAC SUBDIVISION 1A0902 20TH ST RD W OF 22ND AVE42033 22ND AVE% NEIGHBORHOOD 000132 ADDRESS 2033 22 AV GREELEY TAX AREA 0600 NOV ACTUAL LAND 23,438 IMPS 237'220 TOTAL 260j658 LAND ABSTRACT CODES 1125 _- -- ---- �- _--- ---- IMPS ABSTRACT CODES 1225 -- _� OWNER ACTUAL LAND IMPS TOTAL OWNER COMPS _�..,-__�_ NAME ADDRESS APPR COMPS 7S r-��_ 3 y 7Yis---6- qi�71:2_6' _ APPRAISER � Lv�� 2. Lil. /�.� 07=204 SENT � -/-/_� FINDINGS OTHER ----- ----------------------- WRITTEN ------------------------------------- RESPONSE ----------- ---------�� 64 DATE SIGNATURE - SIGNATURE DOES NOT IMPLY AGREEMENT, OR BIND EITHER PARTY, OR AFFECT TAXPAYER' S APPEAL RIGHTS 9105191. ANSWERS ,�/__Q ___ .77......� __�-- AV 4/ (Y/N/P) CHIEF APPR /� __ ..� L5/,14/_ DATA ENTRY itt- 4,-/Zj/JL_ EXHIBIT l';; 2 PARCEL/SCHEDULE NUMBER: 0961-18-2-05-004 PROPERTY ADDRESS : 2033 22ND AVE. , GREELEY COUNTY : WELD OWNER/REPRESENTATIVE : RICHARD NOLAN R&N CONTRACT NUMBER . 0336-6-NOLAN DATE SUBMITTED : Jun 10, 1991 PETITIONERS VALUE: $235,000 CASE SYNOPSIS: Subject is a two-story (basement is garden level) , 1968 12-unit apartment building of average quality. Subject offered at $200,000 to adjacent prop owner, but no interest at that price. Sales of 29 similar properties average $16,302/unit and median at 17,167/unit, with avg GRM at 4.63 and median at 5.34. Adjusting up for location, carports,unit mix (all 2 bdrm) vs the median price per unit, but down slightly for subject's age, a value of 19,000/unit is considered fair. INCOME APPROACH TO VALUE FOR 1990: $ 239,400 Cap/GRM: 4.75 INCOME APPROACH TO VALUE : S ERR Cap: MARKET APPROACH TO VALUE FOR 1990: $ 228,000 COUNTY/IDEALIZED INCOME APPROACH : S 0 ///0.130 COUNTY'S CURRENT VALUATION 1991 : $ 260,658 (LAND-23,438 ) (IMPS-237,220 ) TOTAL COUNTY VALUATION/SF $ERR/SF NET LEASABLE SQUARE FOOTAGE: GROSS SQUARE FOOTAGE: 0,..:9 R&N PROPERTY CONSULTANTS 413 MAIN ST WINDSOR, CO 80550 303-686-7447 PROPERTY INCOME AND EXPENSE ANALYSIS ACTUAL (AS AVAILABLE) AND RECONSTRUCTED 1990 RENTAL INCOME Gross rents 50,400 CAM Reimburse Vac/Credit Loss 0 % 0 % Adjusted Gross 0 50,400 OPERATING EXPENSES Advertising ERR% 0% Insurance ERR% 0% Grounds Maint ERR% 0% Janitorial/Clean ERR% 0% Management Fees ERR% 0% Maintenance/Repair ERR% 0% Property Taxes ERR% 0% Res/Replacements ERR% 0% Utilities ERR% 0% Trash removal ERR% 0% Misc Category ERR% 0% Misc Category ERR% 0% Total Expense ERR% 0% Cap Rate (expensing actual taxes) : GRM: 4.75 0 - INCOME VALUE : $ ERR 50,400 - = INCOME VALUE 1990: $ 239,400 COUNTY/IDEALIZED INCOME APPROACH Leasable Square Footage: SF Avg Gross Rent Rate $ Potential Gross Income : $ 0 Vacancy/Collection Loss: Operating Expenses Cap Rate (eff tax=.025) : 0. 130 COUNTY INCOME INDICATION OF VALUE: $ 0 Assessor Copy 0336-6-NOLAN 21.0891 • R&N PROPERTY CONSULTANTS 413 MAIN ST WINDSOR, CO 80550 303-686-7447 Hello