HomeMy WebLinkAbout910754.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO
PETITION OF:
GREELEY ASSOCIATES
ZJ & W MGMT CORP ATTN PAUL BAXER
1633 BROADWAY 14 FL
NEW YORK, NY 10019
DESCRIPTION OF PROPERTY: PIN: R 1753186 PARCEL: 095901323001 - GR HA1 BLK1
HARP SUB 1ST FILING %2829 W 10 STZ
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 Michael F. Baccash, Sarnoff
& Baccash, who submitted written data concerning said petition, 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:
910754
Page 2
RE: BOE - GREELEY ASSOCIATES
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.
910754
Page 3
RE: BOE - GREELEY ASSOCIATES
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 29th day of July, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COU Y OLORADO
Weld County Clerk to the Board
Go o c Chairman
By. �,i�� ��/ _r Depu y erk to the,B and Geeo/Ur�e Kenn -y, Pro-Tem
APPROVED AS TO FORM: c (_ F�✓�"X ire C C�/ � � ��
Constance L. Harbert
Assistant County Attorney C. W. Kirby ///
W. H�ebst ��
910754
BOE DECISION SHEET
PIN #: R 1753186 PARCEL #: 095901323001
GREELEY ASSOCIATES
9,J & W MGMT CORP ATTN PAUL BAXER
1633 BROADWAY 14 FL
NEW YORK, NY 10019
HEARING DATE: July 29, 1991 TIME: 2:00 P.M.
/ �¢ ! 64-/
-
NAME:ATTENDED? (Y/�} NAME: y�i 1�yyLG�Lti��ilL`�� �
AGENT NAME:
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION yL k
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 1528926 $
Improvements OR
Personal Property 752656
Total Actual Value $ 2281582 $
COMMENTS:
MOTION BY gm TO - (
SECONDED BY ,k )\-/ Lacy N)
Kennedy /N)
Failed to meet burden of proof Harbert 0N)
Comparables inadequate Kirby N)
y. Assessor's data unchallenged Webster N)
Other:
RESOLUTION N0._ 910754
OFFICE OF COUNTY ASSESSOR
915 10th STREET
NOTICE OF ADJUSTMENT GREELEY,COLORADO 80631
PHONE(303) 356-4000, EXT.4256
GR HAl ULK1 HARP SUB 1ST FILING -lI'%2829 W 10 ST% 1 (s S'irsl 7£
COLORADO
JUL 1 1 1991
2829 W 10 ST GRE..
GREELEY. COLO.
OWNER GREELEY ASSOCIATES
GREELEY ASSOCIATES PARCEL 095901323001
PIN R 1753186
%J 6 W MGMT CORP AT TN PAUL BAXE:R
1633 BROADWAY 14 FL YEAR 1991
NEW YORK NY 10019 LOG 02843
05/24/1991
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:
ADJUSTED LAND VALUE DUE TO EXCESSIVE SIZE.
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 11747/ 344 11528/ 926
IMPS 7521656 752A656
TOTALS $ $ 215001000 $ 21 '2811582
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 06/:: 6/91
WELD COUNTY ASSESSOR DATE p.} (1p�1�^17
15
-07-81/91 ADDITIONAL INFORMATION ON REVERSE SIDE ssJJ Sf C 3
- -_
YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION
-s pulity.aoard of tgUalization will sit to hear appeals beginning-Jury 1 and continuing through August 10 for
re41 t#I5eftyi(iand aiut-ti4Olings) and personal property (furnishings, machinery. and equipment). 39-8-104 and
3P1;'07(2);-G:R.S � �..j i
W ,i'
APIlk floCEDUREs'-�.
if‘' ohuuse ≥.:o appeal i ' Assessor's decision, mail or deliver one copy of this completed form to the County
Board otiEiqualr.4atiop,"T'd p eserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON
OR BEFORE.: -=l_lL.Y 15. .. .
. WELD COUNTY BOARD OF EQUALIZATION
- 915 10th Street, P.O. Box. 758
. • Greeley, Colorado 80632
Telephone (303) 356-4000, East: 4225. . : .
NOTIFICATION OF HEARING: .
You will be, notified of the time and place set for the hearing of your appeal.
COUNTY BOARD OF EQUALIZATION'S DETERMINATION:
The County Board of Equaiization must make a decision on your appeal and mail you a determination within five
business days, The County Board must conclude their hearings by August 10.
TAXPAYER RIGHTS FOR FURTHER APPEALS:
If you are not satisfied with the County Board of Equalization's decision, you must file within thirty days of the
County Board of Equalization's decision to 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:
3t.ls .Aerie and 9th Street, P.O. Box C
Greeley, Colorado 80637..
TeieF.-thon (303.) 356.-4000, ..xt. 4520
Arbitration:
WE.L.D COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 7'58
Greeley, Colorado 80632
Telephone (303) 356-"000. Ext. 225
It you do not receive a determination from the County Hoard of Equalization,you must file an appeal with the Board
of Assessment Appeals by September la
O PRE 'SERVE 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. .
: The Assessor ' s calculation of fair market value on both the land
and the improvements is excessive_ We are in the process of gathering
additional data to support this claim. Please forward our hearing notice to us
at the address below.
CI 4_075A,
C
F -_- ililq
_ _
';N:TL,PF O? FET, .,,, , :::TE
Sarnoff & Baccash 33 N. LaSalle st. ;2601, Chicago ( 312 ) 782--8310
SARNOFF & BACCASH
LAW OFFICES
SUITE 2601
33 NORTH LA SALLE STREET
CHICAGO,ILLINOIS 60602
TELEPHONE:13121702-6310
TELECOPIER:13121782-6635
July 24 , 1991
Weld County Board of Equalization
P.O. Box 758
Greeley, Colorado 80632
Attention: Ms . Carol A. Harding,
Deputy to the Clerk to the Board
Re: Greeley Associates
2829 W. 10th Street, Greeley, Colorado
Weld County
Schedule No. 1753186
Parcel No. 095901323001
Dear Ms . Harding:
As discussed, we represent the taxpayer with respect to its
real estate tax assessments and taxes. Our Petition to the
County Board of Equalization is set for hearing on Monday, July
29 , 1991 at 2 : 00 p.m.
We are still in the process of securing our valuation data
and we do not believe that we will have it prior to the hearing.
Accordingly, even though we believe that our assessment is
excessive, and that it is based on an excessive market value, we
waive our oral hearing and request that the Board review the
assessment on the file as it stands , together with whatever the
Assessor desires to file.
Please forward the decision to our office.
Please feel free to call me collect if you have any
questions.
Very truly yours ,iSAR OFF & BAC,CASH
��:._.7 l 4t .C;
Michael F. Baccash
MFB/me
91.07541
. .
DER OF ATTORNEY
The undersigned does hereby grant Power of Attorney to Sarnoff & Baccash
and Honlgman Miller Schwartz and Cohn does hereby authorize each Of them as
agent to file complaints on behalf of the undersigned with the Assessor
and/or Board of Equalization and/or Colorado Board of Assessment Appeals
covering any assessment for tax assessment years 1991 and 1992 against
certain real estate described below:
LEGAL DESCRIPTION
State Colorado
County Weld
Parcel Nos. D95901323001
Tax Code p600R1753186
Schedule No. 17511,86
Address 2829 W. 10th Street
Greeley. Colorado
TENTH GREELEY PROP.
GREELEY ASSOOJATES
Taxpayer
. ` 'ey.
Walter Samuels, General Partner
Date: May 17, 1991
9'.0755
vim rniim fay+ ivrmurg�
t711. X17
SARNOFF & BACCASH 4_6_21%-"
LAW OFFICES JUL 1 1191 e,
i
SUITE 2601 1
33 NORTH LA SALLE STREET GREI_L LY COLO.
CHICAGO, ILLINOIS 60602
TELEPHONE:13121782-8310
TE LECOPI E R:[3'2)782-8635
July 9, 1991
Weld County Board of Equalization
915 10th Street
P.O. Box 758
Greeley, Colorado 80632
Re: Greeley Associates and J&W Management Corp.
2829 W. 10th Street, Greeley, Colorado
Weld County
Schedule No. 1753186
Dear Members of the Board of Equalization:
Enclosed please find our Notice of Adjustment from the
Assessor, and our Petition to the County Board of Equalization.
We respectfully request that the 1991 assessment on the subject
property be reduced. We are currently in the process of
gathering our data.
Please receipt the enclosed copy of the Petition and return
that receipted copy to us in the enclosed self-addressed, stamped
envelope.
Also, it should be noted that my partner and I are attorneys
licensed to practice law in Colorado.
Please forward to us our hearing notice.
Please call me collect if you have any question.
Very truly yours,
SARNOFF & BACCASH
— ,7
Vat, - -
Michael F. Baccash
MFB/me
21.075/4t
7c4
p1F � pwugy q'0!!q�^IQ Hig5
r5)15-7 7171.
POWER OF ATTORNEY
LUX 1 1 1991
The undersigned does hereby grant Power of Attorney to Sarnoff & ilacc EELEY, COLO.
and Honlgman Miller Schwartz and Cohn does hereby authorize each of them as
agent to file complaints on behalf of the undersigned with the Assessor
and/or Board of Equalization and/or Colorado Board of Assessment Appeals `" -- - --
covering any assessment for tax assessment years 1991 and 1992 against
certain real estate described below:
LEGAL DESCRIPTIQd •
State Colotedo
County Weld
Parcel Nos. D95901323001
Tax Code 9600R1753186
Schedule No. 17531.86
Address 2829 W. 10th Street
Greeley. Colorado
TENTH GREELEY PROP.
GREELEY ASSOCIATES
Taxpayer
By: 1 Orti ke _ vt4 v
Walter Samuels, General Partner
Date: May 17, 1991
•
(1)\/:
CLERK TO THE BOARD
P.O. BOX 758
IGREELEY,COLORADO 80832
(303)3564000 EXT.4225
11 I C.
COLORADO •
July 16, 1991
Parcel No. : 095901323001 PIN No. : R 1753186
GREELEY ASSOCIATES
2J & W MGMT CORP ATTN PAUL BAXER
1633 BROADWAY 14 FL
NEW YORK, NY 10019
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Monday, July 29,
1991, at or about the hour of 2:00 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.
91.0751
GREELEY ASSOCIATES - R 1753186
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,
B RD OF E/�TION
Donald D. Warden,
Clerk to the Board
BY:
ar���ol A. Harding,, Deputy
cc: Warren Lasell, Assessor
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