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HomeMy WebLinkAbout920702.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1992, WELD COUNTY, COLORADO PETITION OF: PROPP DARYLL D & CAROL A 12420 W 18 DR LAKEWOOD, CO 80215 DESCRIPTION OF PROPERTY: PIN: R 5702986 PARCEL: 146709000009 - 24807B PT NE4NW4 9 1 68 BEG AT N4 COR SEC 9 S1338' W330. 16' N1339.36' E329.56' TO BEG EXC UPRR RES 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 1992, 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 1992, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner not being 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 of the following three options: S OO�S 920702 Page 2 RE: BOE - PROPP DARYLL D & CAROL A 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. 920702 Page 3 RE: BOE - PROPP DARYLL D & CAROL A 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 $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of July, A.D. , 1992. ATTEST: Ad% BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED - DATE OF SIGNING (AYE) i Geeeoorry$e Kennedy, Chairman / By: 4.4_errii Deputy Clerk to the Boa s onstance L. Harbert, Pro-Tem APPROVED AS FORM: C. W. Ks y C. Assistant Count � Gor on . L y W. H. ebs er 920702 BOE DECISION SHEET PIN If: R 5702986 PARCEL #: 146709000009 PROPP DARYLL D & CAROL A 12420 W 18 DR LAKEWOOD, CO 80215 HEARING DATE: July 30, 1992 TIME: 8:00 A.M. HEARING ATTENDED? (YN)) NAME: AGENT NAME: --/(74 APPRAISER NAME: DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION c/ ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 25000 $ �/ Improvements OR Personal Property Total Actual Value $ 25000 $ COMMENTS: MOTION BY „ y TO j) A SECONDED BY I-; Kirby -- Y N) Lacy N) V__ Failed to meet burden of proof -FL � Webster `` N) Comparables inadequate Harbert -- '*IN) Other: Kennedy -- $) N) RESOLUTION NO. 920702 920702 OFFICE OF COUNTY ASSESSOR 915 10th STREET GREELEY,COLORADO 80631 _• tJ 0 T I C r� OF U L:N I AL PHONE(303)356-4000, EXT.4256 248:373 PT NC41. H 4(' (f' -013 3EG AT N4 COR SEC 9 C. S1338t WJ.30.1611 N1339.384 E329.$61 TO DEG COLORADO R E S -w`uUN SSEb.:, JUN 1 5 1992 L11+IN':R PROPP DARYLL 0 6 CAROL A GREELEY,COLO. PROPP DARYLL A CAROL A PARCEL 146709000009 PIN R 5702986 1242(1 W 16 UR YEAR 1992 LAKE WOOD CO 1)4216 LOG 0153 15/14/1992- 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): ALL OTHER PROPERTYa INCLUDING VACANT LAND, IS VALUED 8Y CONSIDERING THE COTa MARKETS 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: THE. VALUE INDICATED ON THIS NOTICE MAY NOT CORRELATE WITH THE VALUE ON YOUR NOTICE OF VALUATION. THIS IS BECAUSE THE PROPERTY WAS STILL IN THf- ASSESSMENT PROCESS AFTER THE APRIL 24, 1992 DEADLINE, THE NOTICE OF ADJUSTMENT YOU ARE RECEIVING REFLECTS THE CURRENT VALUE ON YOUR PROPERTY. NO CHANGE WAS MADE TO YOUR PROPERTY AS A ;RESULT OF YOUR PROTEST. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAID 1 224 25,t}Ou IMPS TOTALS $ $ 2, 224$ 7,000 If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration, 3S-8-106(11(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. BY: WARREN L. LASELL 0 ,/22/92 F�~,r'•*. D COUNTY ASSESSOR r Z. C--g, �4-.J — DATE 9 "'2 1 15-DP?-AD ' s S•• Form PR-207-87/92 ADDITIONAL INFORMATION ON REVERSE SIDE • YOU HAVE '1..4 RIGHT TO APPEAL THE ASSESS-R'S DECISION The County Board of Equalization wilt sit to hear appeals beginning July 1 and continuing through August 10'tor real property (land and buildings) and personal property (furnishings, machinery, and equipment). 39-8-104 and 39-8-107(2), C.R.S. APPEAL PROCEDURES: you choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County arcs of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON i3EPORL.: JULY 15. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 TNlepbone (:303) 356-4000, Ext. 4225 NOTIFiCATION OF HEARING: _.e v.t) % be. notified of the time and place set for the appeal. hearing g of your COUNTY BOARD OF EQUALIZATION'S DETERMI'NATION: the County Board of Equalization must make a decision on your appeal and mail you a determination within five bu.;gin e as days. The County Board must conclude their hearings by August 10. 'TAXPAYER RIGHTS FOR FURTHER APPEALS: . satisfied with the County Board of Equalization's decision, you must file within thirty days of the t card of E.qualiza..tion's written deci on with 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) 3564000, Ext. 4520 Arbitration: • WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P,O. Box 758 Greeley, Colorado 80632 Telephone (303) 356-4000, Ext, 4225 If you do not receive a determination from the County Board of Equalization,you must file an appeal with the Board _. Asse`z:imeet Appeals by September '15, 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 necessary. • J creli,4 11-61--7# 92070277ATE I February 28, 1992 Ms. Phyllis Newby Office of Weld County 915 10th Street Greeley, Colorado 80631 SUBJECT: 1467 09 1 00 004 PT NE4 9 1 68 Dear Ms. Newby: This is intended to confirm cur conversation of today relating to the above mentioned property. I have owned this property for over 25 years and it has always been agricultural. The entire time I have owned the property I have leased it out to the adjacent neighbors. They have used it for planting wheat; grazing cattle and as horse pasture, which is its current use. The current lease is with Mr. Jerry Popelka. I have enclosed documentation substantiating this information. Finally, I have never used this property for personal use and I have not built on it as it was not purchased with plans for future development. If you need any further information concerning this matter, please let me know. Sincerely, Daryll Propp DP:ksh Enclosure 920702 March 5, 1992 Ms. Phyllis Newby Office of Weld County 915 10th Street Greeley, CO 80631 SUBJECT: 1467 09 00 004 PT NE4 9 1 68 Dear Ms. Newby: This letter is intended to confirm my telephone conversation of today with Mr. Warren Lasell. Apparently there is still some misunderstanding concerning the use of my agricultural land. Over the past 25 years, this land has been used for growing crops and grazing cattle and horses. The last few years I have let Mr. Popelka use it for his horses . If this use creates a problem in its designation as agricultural use, then it will cease. I will revert back to leasing it only to the local farmers for planting and their cattle. If you need any further information regarding this property, please advise. Sincerely, Daryll Propp DP: ksh 920.7e12 • 6 T CLERK TO THE BOARD ' P.O. BOX 759 C GREELEY,COLORADO 90932 ®3)3361000 EXT 1225 O COLORADO July 21, 1992 Parcel No. : 146709000009 PIN No. : R 5702986 PROPP DARYLL D & CAROL A 12420 W 18 DR LAKEWOOD, CO 80215 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Monday, July 30, 1992, at or about the hour of 8:00 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, 1992, and mailed to you on or before August 16, 1992. 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. 'pest/•oz PROPP DARYLL D & CAROL A - R 5702986 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 E UALIZ TION Donald D. Warden, Clerk to the Board (1)-1444-1 BY: 4 ma x Carol A. 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BOX 758 GREELEY,COLORADO 80632 �� fd03)3584000 EXT.1225 COLORADO July 23, 1992 Parcel No. : 146709000009 PIN No. : R 5702986 PROPP DARYLL D & CAROL A 12420 W 18 DR LAKEWOOD, CO 80215 Dear Petitioner(s) : The Board of Equalization notification of hearing mailed to you earlier this week incorrectly listed your hearing as Monday, July 30, 1992. This is to notify you that the hearing is scheduled for Thursday, July 30, 1992 at the time stated on your first notice. We regret any inconvenience this may have caused you. Very truly yours, BOARD OF EQUALIZAT ON Donald D. Warden, Clerk to the Board /, BY: �h12�.�i Carol A. 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