HomeMy WebLinkAbout901505.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1990, WELD COUNTY, COLORADO
PETITION OF: HAYES ELLA MARIE & STEPHENS SUSANNE-1/2 INT ET
AL
BOX 773
SARATOGA, WY 82331
DESCRIPTION OF PROPERTY: PIN: R4383586 PARCEL: 105705000034
- 17014 N2NW4 LYING ON THE WLY SIDE OF WCR 27. 5 ALSO S2NW4
5 4 66 EXC THAT PT E OF WCR 27. 5 IN S2NW4 ABOUT 140 ' AT N END
& 82 ' AT S END & 80 RDS LONG EXC UPRR RES (6LAKE 2R) %23673-
23675 WCR 27 1/2%
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 John
Stephens, 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.
901505
Page 2
RE: BOE - HAYES ELLA MARIE & STEPHENS SUSANNE-1/2 INT ET AL
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:
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 CBOE are entitled to participate.
The hearings are informal. The arbitrator has the authority
Page 3
RE: BOE - HAYES ELLA MARIE & STEPHENS SUSANNE-1/2 INT ET AL
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 8th
day of A ust, A. , 990,
ATTEST: BOARD OF COUNTY COMMISSIONERS
WEL UNTY, COLORADO
Weld County Clerk to the Board
r--
Gene R. Bran ner, Chairman
eputk to the Board �—y�— _
// GeoGeo ge Kennedy, pro-Tem
APPROVED AS TO FORM:
Constance L. Harber
GrIPT> / � L 4 /
County Attorney C. W. Iir
Gordo Lacy
ut rILL Of. COUNTY ASSESSOR
915 10th STREET
NOTICE. OF DENIAL GREEELEiY,COLORADO 80631
PHONE(303)356-0000, EXT.4256
17014 N2NW4 LYING UN THE WLY SIDE Of WCR 27.5
ALSO S2NW4 5 4 66 EXC THAT PT E OF WCR 27.5
C _ORADO IN S2NW4 ABOUT 140• AT N END t 828 AT S END G
80 RDS LONG EXC UPRR RES (6LAKE 240
%23673-23675 WCR 27 1/2%
23673-23675 WCR 27 1/2
OWNER HAYES ELLA MARIE E STEPHENS SUSANNE-1/2 I
HAYES ELLA MARIE 6 STEPHENS SUSANNE-1/2 INT PARCEL 105705000034
PIN R 4383586
DOX 77:1
YEAR 1990
SHRATUGA WY
82331 LOG 00561 `-=
0
06/06/1990 -
_ 11i
The appraised value of property is based on the a consideration of the approaches to value required by law. The gsshSsor-has 8e ermnle:..
that your property should be included in the following ate category(ies):
c,1
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.
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 of
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) holy
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
T assessor has carefully studied all a your v
ailable information, giving particular attention
ytto the specifics included on your protest and has deter
n S the
v LAND(VALDEd IS BASE-[rtyONh PRODUCTION eiCAPA131LDI 1I ESreOF SOIL TYPES AS
INDICATED DY SOIL CONSERVATION SERVICE AND IS NUT RELATED TO MARKET
VALUE. INCREASE OR DECREASE IS REFLECTIVE OF INCREASE UR DECREASE IN COUNTY AVERAGE PRODUCTION OVER 10 YEAR PERIOD OF TIME•
MARKET VALUES ARE APPROXIMATELY TEN TIMES HIGHER THAN THE AG
FORMULA METHOD OF VALUATION• THE PROXIMITY TO A LANDFILL L'OES
NOT AFFECT THE PRODUCTION FORMULA USED TO VALUE YOUR PROPERTIES•
AG LAND INCREASE WAS DUE TO RECLASSIFICATION. IN 1987 REAPPRAISAL
IT WAS PLACED IN AN INCORRECT WATER COST AREA.
•
•
PROPERTY CLASSIFICATION PETITIONER'S ASSESSOR'S VALUATION
ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND
25. 032 25x032
IMPS
117x292 117x292
- TOTALS $ $ 142,424
$ 142 324
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration,
39-8.106111(a),C.R.S. Please see the back of this form for detailed information on filing your appeal.
By. RICHARD W. KEIRNES 06/08/90
WELD COUNTY ASSESSOR
15-DPMAD DATE 12
Form PR-20787/90 ADDITIONAL INFORMATION ON REVERSE SIDE CL(I
C, ROCKY/kIpUNTA1N LAZY BAR S RANCH
r„ s 7 ; ° (303) 482-2719
101h . 1, `
July 11 , 1990
Board of Equalization
P.O. Box 758
Greeley, Colorado 80632
Ref: Scheduling of hearing for:
Parcel 095932000008
Pin R 2739986
Parcel 10570500034
Pin R 4383586
Parcel 095931000007
Pin R= 2739686
Gentlemen:
Enclosed, please find copies of correspondence with Mr. Keirnes
Office regarding our request for an adjustment to our tax levels .
We are surrounded on two sides by your Weld County Landfill ! This
is something that no one can understand until the problem is theirs.
Please arrange a time we can be heard. Your cooperation would be
most appreciated.
Very truly yours
Susanne Stephens
Mailing Address:
Scaffold Gulch Ranch Other Locations:
1406 Stove Prairie Road 23673 Weld County Road 27/2 3756 West County Road 16
Bellvue, Colorado 80512 Milliken, Colorado 80543 Loveland, Colorado 80537
ROCKY MOUNTAIN LAZY BAR S RANCH
(303) 482-2719
July 1, 1990
Mr. Richard W. Keirnes
Office of County Assessor
915 10th Street
Greeley, Colorado 80631
Ref: Parcel 095932000008
Pin R 2739986
Parcel 10570500034
Pin R 4383586
Parcel 095931000007
Pin R 2739686
Dear Mr. Keirnes:
We are in receipt of your denial of assessed value on our property
located on two sides by the WELD COUNTY LANDFILL. We feel this is
a rather arbitrary decision on the Counties part! You must have
some method to gauge the economic devaluation the landfill has on
our farm. The trash battle alone devalues the sale value of our
farm. We have attempted to outline in previous correspondence what
impact the landfill has on operations . Ajoining farms should have
revenue sharing the same as oil and gas allocations. Something
should be done.
We hope you will review our situation at your earliest convenience.
Very truly yours
Susanne Stephens
`---/ Mailing Address:
Scaffold Gulch Ranch Other Locations:
1406 Stove Praise Road 23673 Weld County Road 271/2 3756 West County Road 16
Bellvue, Colorado 80512 Milliken, Colorado 80543 Loveland, Colorado 80537
June 4, 1990
Richard W. Keirnes
Weld County Assessor
915 10th Street
Greeley, Colorado 80631
Subject: Protest of property values
Schedule N 095931000007 R 2739686
105705000034 R 4383586
095932000008 R 2739986
Dear Sir:
Enclosed, please find a copy of our letter dated June 3, 1989 re-
questing a review of property assessments due to our location next
to the County Landfill .
Our lecation has not changed nor has the problems of trash (irrigation) ,
inconvenience and environmental effect changed. Failing to adjust the
economic depreciation effect on our agriculture land makes it necessary
to request a special appraisal . Under the circumstances it is our right
to receive either an adjustment or special appraisal .
We again ask for your sensitivity to having to work and live under the
shadows of a landfill which is also located in a very windy area.
Thanking you in advance for your consideration.
Very truly yours
. Susanne Stephens
June 3, 1989
Richard W. Keirnes
Weld County Assessor
915 10th Street
Greeley, Colorado 80631
Subject: Protest of property values
Schedule # 095931000007 R 2739686
105705000034 R 4383586
095932000008 R 2739986
The value of the property scheduled above has been over appraised
during past tax assessments and we would appricate a review of same
and an appropriate adjustment. This property boarders on three sides
with the "County Landfill". Not only has the quality of living on
this property been effected by the "landfill" the marketability of
the property for agriculture has been reduced as well. The operational
problems caused by trash in the irrigation ditches, fields and ponds
reduces the value over farms not effected by a "landfill".
Based on the depreciation of value caused by the "landfill" which is
under the control of Weld County we request the assessments be ad—
justed accordingly. Our suggested adjustments are as follows:
Schedule Number Type of Property P Y Current Yr Requested V;
1. 095931000007 R 2739686 Agriculture land 25253 12500
2. 105705000034 R 4383586 Farm Residence 120603 65000
Farm Support Bldgs 13494 8000
Agriculture land 13644 10000
• 3 095932000008 R 2739986 Agriculture land 68 68
When reviewing this request, please consider how anyone would feel living
next to a "landfill" and who would buy land next to a "landfill"?
We would appreciate your sensitivity to our unique problem and reduce our
tax assessments in fairness to the problem.
Thanking you in advance for your consideration.
Sincerely
•
Susanne Stephens Ella Marie Hayes
Property owner Property owner
OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE (303) 356.4000, Ext 4200
P.O. Box 758
WI
ilk
GREELEY, COLORADO 60632
COLORADO
July 25, 1990
HAYES ELLA MARIE & STEPHENS SUSANNE-1/2 INT ET AL
BOX 773
SARATOGA, WY 82331
The Weld County Board of Equalization has scheduled your hearing for
Friday, August 3, 1990, at or about 9:00 A.M. regarding your
tax assessment for property in Weld County, Colorado, described as:
17014 N2NW4 LYING ON THE WLY SIDE OF WCR 27.5
ALSO S2NW4 5 4 66 EXC THAT PT E OF WCR 27.5
IN S2NW4 ABOUT 140' AT N END & 82' AT S END &
80 RDS LONG EXC UPRR RES (6LAKE 2R)
823673-23675 WCR 27 1/28
The public hearing will be held in the Chambers of the Board, Weld
County Centennial Center, First Floor, 915 10th Street, Greeley,
Colorado, at the above specified time.
Procedure for hearings before the Weld County Board of Equalization
will be as follows:
Assessor:
1) The Assessor shall present his case first. He shall
present evidence concerning the manner in which the
property was assessed, both orally and in written form.
(15 minutes)
Taxpayer:
1) The taxpayer will present his case second.
2) Taxpayer may present all evidence, orally and/or in
written form as exhibits.
3) Evidence presented will be limited to actual or
assessed values of like properties or sales of like
properties from January 1, 1987 through June 30, 1988.
Testimony concerning tax amounts and their usage by law
are not applicable at this hearing. (15 minutes)
Page 2
RE: BOE - R4383586
Decision of County Board of Equalization:
1) By law, the valuation of property for taxation as
determined by the Assessor is presumed to be right. The
taxpayer is therefore required to present sufficient
evidence to prove his case.
2) The decision of the County Board of Equalization shall
be based only on the testimony produced and exhibits
introduced at the hearing.
3) The decision of the County Board of Equalization shall
include a statement of findings and conclusions upon all
the material issues of fact and law presented and shall
either affirm the Assessor's assessment or shall amend
it as stated.
If you are unable to attend at the time scheduled above, please
contact this office immediately. Our phone number is (303)
356-4000, ext. 4225.
Sincerely,
Donald D. Warden
Weld County Clerk to the Board
117
D puty Clerk to the Board
P 556 982 499
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3. Article Addressed to: 14. Article Number
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