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Home My WebLink About901446.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1990, WELD COUNTY, COLORADO PETITION OF: WINTER JAMES E DBA WINTER ENTERPRISES 2414 N WOODLAWN, SUITE 201 WICHITA, KS 67278 - 9950 DESCRIPTION OF PROPERTY: PIN: R 1426786 PARCEL: 080717302003 - WIN WMB2-3 L3 BLK 2 WINDSOR MANOR BUSINESS PARK 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, said petitioner being represented by Dougherty & Scavo, 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 its 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: 901446 Page 2 RE: BOE - WINTER JAMES E DBA WINTER ENTERPRISES 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. (39-8-108 (1) , 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. (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. (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 within sixty days from the date the arbitrator is selected. Both you and the OBOE are entitled to participate. The hearings are informal. The arbitrator has the authority Page 3 RE: BOE - WINTER JAMES E DBA WINTER ENTERPRISES 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 Ju y, A.D. 19 0. ATTEST: �� BOARD OF COUNTY COMMISSIONERS WELD NTY, COLORADO Weld County Clerk to the Board ene R. Bran er, Chairman Y: eputy Clerk to he Board �?._ _�.d�, Ge ge Kennedy, Pro-T d AP D AS TO FORM• �// A,2�•' ons ance L. ar ert [ t County Attor� C. W. Ii by Gor o a v -� UI I ICL 15 COUNTY 1.SSISSSOIt Sts loin STREET NOTICE OF DENIAL GREELEy COLORADO 80631 PHONE(303)356400Q EXT.4256 ce ➢ I WIN WMD2-3 L3 LK 2 WINDSOR MANOR BUSINESS PARK OL0RAD0 OWNER WINTER JAMES E DDA WINTER ENTERPRISES WINTER JAMES E DLIA WINTER ENTERPRISES PARCEL 080717302003 PIN R 1426786 2414 N WOODLAWNj SUITE 201 YEAR 1990 WICHITA KS 67278-9950 LOG 00975 • C 06/15/1990 ne appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Asses+erhasd termined tat 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 production capacity of the land,capitalized at a rate set by law C0 —_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. your concern is the amount of your property tax, local taxing authorities (county, city, fire protection, and other special districts) hold !dget 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. :le Assessor has ca(r�efully studied ail available information, giving h 1particular attention too uthe specifics included on your protest and has deter- .ined the CHANG assigned BEEN property. TO feTHEs for VALUo{�t1I�Ne OF THIS PROPERTY. COLORADO LAW REQUIRES US TO SEND THIS NOTICE OF DENIAL FOR ALL PROPERTIES ON WHICH WE DO NOT ADJUST THE VALUE. PROPERTY CLASSIFICATION PETITIONER'S ASSESSOR'S VALUATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND 77934 771934 IMPS TOTALS $ $ -- --� 934 $ It 434 -you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, i-8-106(1)(a), C.R.S. Please see the back of this form for detailed information on filing your appeal. : - RICHARD W. KEIRNES _ Ob/zl/9O WILD COUNTY ASSLSSOR oe- ao DATE T onni Tlrl Nl Al INICr1RN4OTIC1NI 1)sTRF\/FRSF SInF nll YOU HAVE T;• RIGHT TO APPEAL THE ASSESSOR )ECISION County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August 10 for real property -id and buildings) and personal property (furnishings, machinery, and equipment). 39-8-104 and 39-8-107(2), C.R.S. 'AL PROPERTY APPEAL PROCEDURES: (Land and Buildings) 4 ,-ou choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County Board of :alization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE ;..Y 10. ySONAL PROPERTY APPEAL PROCEDURES: (Furnishings, Machinery, and Equipment) you choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County Board of •.Ialization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE I_Y 15. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (303) 356-4000, Ext. 4225 'TI F'CATION OF HEARING_ You will be notified of the time and place set for the hearing of your appeal. ':LINTY BOARD OF EQUALIZATION'S DETERMINATION: e County Board of Equalization must make a decision on your appeal and mail you a determination within five business The County Board must conclude their hearings by August 10. `.XPAYER RIGHTS FOR FURTHER APPEALS: •you are not satisfied with the County Board of Equalization's decision, you must file within thirty days of the County and of Equalization'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 COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (303) 356-4000, Ext. 4225 you do not receive a determination from the County Board of Equalization by August 25, you must file an appeal with Board 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 he space below, please explain why you disagree with the Assessor's valuation. Attach additional documents as necessary. ..:NATURE OF PF.•TI IONEFi -� DATE - DOUGHERTY & SCAVO r PROPERTY TAX CONSULTANTS 220 E. MULBERRY ST. ". FT. COLLINS, COLORADO 80524 C' PHONE: (303)493-4980 0 f THOMAS N. DOUGHERTY "v:'-t,';J'JAMES A. SCAVO FAX: (303)482-0860 ' July 17, 1990 Mr. Richard W. Keirnes Weld County Assessor 915 10th Street Greeley, CO 80631 Re: James E. Winter DBA Winter Enterprises 1000 12 St. , Windsor, CO 0807-17-3-02-003 Dear Mr. Keirnes : Please regard this letter as formal protest of the current valuation of the above referenced property. Enclosed is authorization for Dougherty & Scavo to represent the above referenced property owner in this matter. Additionally please find documentation enclosed to support an actual value for this property of $27 ,277 . Tha you for your consideration. Sincer- , Tom D•ugher DOUGHER SCAVO TD:bh Encls . DOUGHERTY & SCAVO 90-029 .02 PARCEL NUMBER: 0807-17-3-02-003 CITY: Windsor ADDRESS: 1000 12 Street USE: Commercial Land LOT SIZE: 38,967 SF COMMENTS: This land only parcel was purchased 12/30/85 with the intent of building a "Pizza Hut" restaurant. At that time all utilities were to the site and the only improvements needed were curb and gutters . No special street work was required (i.e. deceleration lane) . The 12/30/85 purchase price was $ . 34/SF (3 acres for $45,000) . Adjusted for subdivision and curb and gutter, the value would be $ .70/SF at best. REQUESTED VALUE - 38,967 SF @ $. 70/SF = $27,277 AUTHORIZATION I hereby authorize Daugherty-Scavo to investigate, if deemed appropriate, seek adjustments in assessed valuation and receive copies of notice of valuation for the following real properties; 4*A. Tem30r....‘ Owner Name: James E. Winter Address: F. U. Box 799950 City, State: Wichita, KS Zip: 67270 Phone: z16-687-6385 Parcel No. Address (legal ) 97131-29-004 (Real /Pers. ) Riverside Shopping Center, Ft.Collins 97261-27-004 (Real /Pers. ) 2631 S. College Ave. . Ft. Collins 87191-09-002 (Pers. ) 2850 McClelland Dr, Ft. Collins 97251-19-001 (Pers. ) 2601 S. Lemay #3, Ft. Collins 97214-22-001 (Pers. ) 2170 W. Drake #82, Ft. Collins 95142-15-002 (Real/Peres. ) 832 W. Eisenhower, Loveland 95013-10-004 (Pers. ) 249-E E. 29th St. , Loveland 35253--08-008 (Real /Pers. ) 430 Prospect Dr. , Estes Park 095901424002 (Real /Pers. ) 2439 W. 10th St. , Greeley 147105214007 (Real /Pers . ) 450 Denver Ave. , Ft. Lupton 096117311013 (Real /Pers. ) 2525 Eighth Ave. , Greeley 080717302001 (Real /Pers. ) 1000 12th St. , Windsor 080717302002 (Real ) 1000 12th St. , Windsor 080717302003 (Real ) 1000 I2th St. , Windsor Dougherty-Scavo shall be our exclusive agent for a period of 1 year in matters relating to ad valorem taxation of the above listed real properties. o-a3-,10 Owner' s Signature Date Mailing Address of Notice of Assessed Valuation: Dougherty-Scavo 220 E. Mulberry Street Fort Collins, CO B0524 ""'MOMMIM Hello