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HomeMy WebLinkAbout910929.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: BYRNE FRANCIS X & SPALLONE FRED L 6135 MONTVIEW BLVD DENVER, CO 80207 - 3932 DESCRIPTION OF PROPERTY: PIN: R 3529286 PARCEL: 096117302017 - GR 1342 PT BLKB VOLKS BEG AT A PT ON S LN OF BLK 8 FROM WHENCE SW COR OF BLKB BEARS WLY 150' THENCE ELY 218. 7' NLY 415' THENCE WLY ALONG N BDRY BLKB 218. 7' SLY 150' WLY 150' S150' ELY 150' SLY 115' TO BEG EXC BEG 200' ELY FROM SW COR BLKB NLY 130' 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, in lieu of the hearing scheduled before the Board of Equalization a Stipulation was agreed upon by the Assessor and said petitioner(s) , and WHEREAS, the petitioner(s) and the Weld County Assessor agree that the assessment and valuation of the Weld County Assessor shall be, and hereby is, stipulated as follows: ORIGINAL ADJUSTED Land $ 137, 123 $ 137, 122 Improvements OR Personal Property 294,878 187,878 TOTAL ACTUAL VALUE $ 432,001 $ 325,000 WHEREAS, said Stipulation shall resolve all issues to have been determined by the Weld County Board of Equalization. 910929 Page 2 RE: BOE - BYRNE FRANCIS X & SPALLONE FRED L NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Board of Equalization, that the Stipulation agreed to by the Weld County Assessor and the above-named petitioner(s) be, and hereby is, accepted by the Board. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNT OR DO Weld County Clerk to the Board Gordo . Lacy irman By: �� EXCUSED Deputy Clerk to the Boar Geor e Kennedy, Pro-Tem APPROVED AS TO FORM: ��J� �!ujL�( � 7 -AV4-4.e7 Constance L. Harbert �/////�/��//yy//JJ /O� ssis'taounty Attorney C. W. Kir� �W. ebsteer 910929 BOE DECISION SHEET PIN #: R 3529286 PARCEL #: 096117302017 BYRNE FRANCIS X & SPALLONE FRED L 6135 MONTVIEW BLVD DENVER, CO 80207 - 3932 HEARING DATE: July 29, 1991 TIME: 1:30 P.M. HEARING ATTENDED? (Y/N) NAME: AGENT NAME: DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 137123 $ /3 i7 /,3_"7 Improvements OR Personal Property 294878 �!� /7) 71' Total Actual Value $ 432001 $ -3,7-5: OC& COMMENTS: MOTION BY TO _5 -7- SECONDED BY Lacy (Y/N) Kennedy (Y/N) Failed to meet burden of proof Harbert (Y/N) Comparables inadequate Kirby (Y/N) Assessor's data unchallenged Webster (Y/N) Other: RESOLUTION NO. ')10929 U'•I•i(F•.UI• CUI;\I Y r1S$F.55UK 915 10th STREET TICE OF ADJUSTMENT GRELIl'Y-r IORADO 80631 PHONE(303)356-4000, EXT.4256 GR 1342 PT BLK8 VOLKS BEG AT A PT ON S LN OF BLK 8 �• FROM WHENCE SW COR OF BLK8 BEARS WLY 150• THENCE COLORADO ELY 218.71 NLY 415$ THENCE WLY ALONG N BDRY BLK8 21847$ SLY 1501 LILY 1500 S15011 ELY 1501 SLY 1151 TO BEG EXC BEG 2001 ELY FROM SW COR BLK8 NLY 130$ 2454 8 AV GREELEY OWNER BYRNE FRANCIS X 4 SPALLONE FRED L . BYRNE FRANCIS X 8 SPA LLONE FRED L PARCEL 096117302417 PIN R 3529286 • 6135 MONT VI EW BLUD YEAR 1 991 DENVER CO 80207-3932 LOG 01599 Q5/15/1991 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: THE ACTUAL VALUATION OF YOUR PROPERTY HAS BEEN ADJUSTED BASED UPON THE ADDITIONAL INFORMATION YOU HAVE PROVIDED• PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND 1371123 137,123 IMPS 3851230 294$878 TOTALS $ $ 522,353 $ 4323001 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 06/18/91 WELD COUNTY ASSESSOR DATE 17 ForDmPPR-2D07-87/91 ADDITIONAL INFORMATION ON REVERSE SIDE �'` 2� YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION The C;zounty. Board of.Equalization will sit 'Whew appeals beginning July 1 and continuing through August 10 for real property (land afed buildings) and personal property (furnishings, machinery, and equipment). 39-8-104 and 39-8107(2), C.R.S. • APPEAL PRQCEDURES: ' - It you choose lc appeal the-Assessor's deCis on, Mail or deliver one copy of this completed form to the County Board of Equ'alizatiian. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY" 15. WELD COUNTY BOARD OF' EQUALIZATION • 915 10th Street., P,O..,Box 758 . . Greeley, Colorado 80032 Telephone f3O3,i 356-4000, Ext. 4225 NOTIFICATION OF.NEARING: YOU will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATIONS DETERMINATION_ The County Board of Equalization tT+ust 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 ;aunty Board of Equalization's decision to ONE of the following: Board of Assessment Appeals (BAA): Contact the BAA at 1313 ShK}rman, Room 315, Denver, Colorado 80203, (303) 866-5880. District Court: 9th A%e?P`ue c3nd oth street, l✓.til.. Box C Greeley, Colorado 80632 TeiePhon (303} 35f'-4000, Ext. 4520 . --'Arbitration: _ _ _ WELD COt.INT\r" E3;.::tARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (301) 35£3-4000„ Ext. 4225 If you do not receive a determination from the County Board of Equalization,you must file an appeal with the Board of Assessment Appeals by September 18, 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 necpasary. In an effort to sell the property, a complete and detailed appraisal was made, copy of which was submitted with our Protest to the Assessor, using cost approach, market value approach and income approach. Per appraisal, final value on 5/31/40 was $325,000. Efforts to sell the property have been unsuccessful. We fail to see how a value in excess of $325,000 can be supported. 4L(1414 L-4K6 -," 19417 William G.1 emp, Agent for Owners "A=te :1 _®929 CERTIFICATE OF MAILING I hereby certify that the attached Petition to the County Board of Equalization, pertaining to Parcel No. 096117302017, was mailed by me on July , 1991 , by first class mail , postage prepaid, addressed to: Weld County Board of Equalization 915 10th Street P.O. Box 758 Greeley, CO 80632 �Wi� iam G. Kemp 310929 r (260 ) aq - - o . 1 , t } q ,{ Y{& 3 y 9 t( I } } ny. 1. pg] 1111,,,, jj{ ,1 1 . 'L8 i .. ) f t O .-I -hi it C...; 'ti_ N -i III 01 PI • - - " O rd N M it• -P c O N O Pa 0 co $-I om >r -P v1 O -ii cn r-- U O• 4 0 O + O >v U O co O r-I .-I 's • N r1 in O N O r i . Sa g rnP, c7 0 z o N m Pi m a N IL Y 0 z > N l m 3 m(1) ua?3 Qo8 Il..▪ x min a 0 � o 0 O 0 i1 a m u J• / p rc W J W A ° i O W to O to • . 6‘trkt \ Ate; CLERK TO THE BOARD ��1 P.O. BOX 758 1WI D GREELEY,COLORADO 80632 (303)356-4000 EXT.1225 C. COLORADO • July 16, 1991 Parcel No. : 096117302017 PIN No. : R 3529286 BYRNE FRANCIS X & SPALLONE FRED L 6135 MONTVIEW BLVD DENVER, CO 80207 - 3932 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Monday, July 29, 1991, at or about the hour of 1:30 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 Nearing 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. 9 _(39,2 9 BYRNE FRANCIS X & SPALLONE FRED L - R 3529286 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, BO RD OF EQUP;LIIZZZAA �ION � Donald D. Warden, Clerk too the Board BY: 44 ,47-7,1c. Carol A. Harding, eputy cc: Warren Lasell, Assessor LAW OFFICES OF DEMUTH & KEMP 1660 COLORADO STATE BANK BUILDING 1600 BROADWAY ,`3 DENVER.COLORADO 80202-0916 n WILLIAM Co. KEMP 303-861-9100 .i FA%:30a;, 1-e]�jJ d (i [._^ July 16, 1991 II V j Weld County Board of Equalization 915 10th Street P.O. Box 758 Greeley, Colorado 80632 Re : Parcel No. 096117302017 2454 8th Avenue, Greeley, Colorado Gentlemen: On July 9 , 1991 , a petition was filed with you to appeal the Assessor' s valuation of the captioned property for 1991 . We have not yet been notified of a hearing date. Enclosed is Designation of Agent form signed by Francis X. Byrne and Fred L. Spallone, owners of the property, whereby they designate Eddie W. Gold as their agent to appear before you at the hearing and to represent them in all matters in connection with the property tax valuation for 1991 . Eddie w. Gold' s address is 2545 8th Avenue, Greeley, Colorado 80631 , and his telephone number at that address is 353-4275. Please advise us and Eddie W. Gold of the time and place for the hearing. Thank you for your assistance. Very truly yours, DeMUTH & KEMP �� ‘111/ 1 (V William G. Kemp WGK:mg Encl . cc : Mr. Francis X. Byrne Mr . Fred L. Spallone Mr. Eddie W. Gold 'ff?O`) DESIGNATION OF AGENT The undersigned, Francis X. Byrne and Fred L. Spallone, represent that we are the owners of the property at 2454 8th Avenue , Greeley, Colorado, identified for property tax purposes as parcel no. 096117302017 . We have filed with the Weld County Board of Equalization a petition to appeal the Assessor' s valuation of said property. We hereby designate Eddie W. Gold as our agent to appear before the Weld County Board of Equalization in our behalf at the hearing on our appeal and authorize said Eddie W. Gold to represent us in all matters in connection with the property tax valuation of said property for the year 1991 . Dated this /71:7 day of July, 1991 . Czar— Francis 5(4 X. Byrne \t • JbtrjenAS-- r \ Fred L. Spallone 21.C929 f 1991 BOARDMF EQUALIZATION WELD COUNTY, COLORADO ASSESSOR'S PIN NUMBER o�Z 1 ,81.9 STIPULATION (As to Tax Year 14a 1 Actual Value) RE PETITION OF NAME: 3`1RNE FaAme.4 Y( SPAU—oNE FKED L. ADDRESS: 10I 35 YV\oN sttELL) BL-V1O ^DEtJVEZ co a02olWg34. Petitioner(s) , EDOIL ltij Gc3I_ o and the Weld County Assessor, hereby enter into this Stipulation regarding the tax year valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. The Petitioner(s) and the Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: Gil- at-V- 1t 3i-k 8 VoLks 2. The subject property is classified as COtA.kwn,r'C tAL —e3ot.J\.1rJc\ AtlEy property (what type) . 3. The County Assessor originally assigned the following actual value on the subject property for tax year (5`3i . Land $ i 1 /3,7, 1g-3 Improvements $ cky- gq)117g Total $ a?co 1 4. After further review and egotiation, the Petitioner(s) and Weld. County Assessor agree to the following tax year lq a l actual value for the subject property: Land $ 131 12.L Improvements $ 1$1 818 Total $ .3.arj,111}0 • 5. The valuations, as established above, shall be binding only with respect to tax year rat 9. X1:973 6. Brief narrative� as�tyo���w�rh�y-1the reduction was ma TAX � E-N= f1S .s.c N en (a W rIS i-RAt l to t�v�AS� �t S V AU�i -A 7. Both parties agree that the hearing scheduled before the Board of Equalization on JL1L� c�`� (date) at 1.13o flw, (time) be vacated; or, a hearing has not yet been scheduled before the Board of Equalization (check if appropriate) . DATED this �day of S.� l y , 1991. Petitioner(s) or Attorney Petitioner(s) or Attorney Address: Address: Telephone: Telephone: Ke// �/ (� my Assessor 915 Tenth Street Greeley, CO 80631 (303) 356-4000, Extension 4256 1107^1 Hello