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
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. 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
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