HomeMy WebLinkAbout910764.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO
PETITION OF:
ESTATE OF
PERKINS JAMES A
5212 PIEDMONT DR
SANTA ROSA, CA 95409 - 2546
DESCRIPTION OF PROPERTY: PIN: R 3547086 PARCEL: 096117313008 - GCT 6024
L2 BLK3 3RD ADD & N12.50' LOTS 7-8 EXC THAT PORTION S & E OF FOLLOWING LN BEG NE
COR L7 BLK1 2ND ADD E PARALLEL TO N LN 26TH ST 207.3' L87D2' 44.75' L23D26' 96.3'
R90D00' 79' TO E LN L2 BLK3 3RD ADD 53.5' FROM SE COR
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 David J. Melusky, Attorney,
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:
910764
Page 2
RE: BOE - ESTATE OF
PERKINS JAMES 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.
910764
Page 3
RE: BOE - ESTATE OF
PERKINS JAMES 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 29th day of July, A.D. , 1991.
id:1444 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY COLORADO
Weld County Clerk to the Board
Gor cy Chairman
By: t
Dep ty Clerk to the Bo rd Geor a Kenned Pro-T/e�m/'�/ /
APPROVED AS TO FORM:
Constance L. Harbert
ssistant County Attorney C. W. Kirby
W. H. Webster �,Ly
910764
BOE DECISION SHEET
PIN #: R 3547086 PARCEL #: 096117313008
ESTATE OF
PERKINS JAMES A
5212 PIEDMONT DR
SANTA ROSA, CA 95409 - 2546
n
HEARING DATE: July /a,,, 1991 TIME: 9:00 A.M.
HEARING ATTENDED? (Y/N) NAME: _uQ4s-c AP 4_att
AGENT NAME: DAVID J MELUSKY, ATTORNEY
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION X.
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 19475 $
Improvements OR
Personal Property
Total Actual Value $ 19475 $
COMMENTS: J(
MOTION BY (1��¢ TO Q�
SECONDED BY Lacy en)
Kennedy •7 N)
q-/-Failed to meet burden of proof Harbert ON)
>i( Comparables inadequate Kirby (Y(®
Assessor's data unchallenged Webster (Ye
Other:
RESOLUTION N0. 910764
915 10th STRE E1
GREELEY,COLORADO 80631
NOTICE OF ADJUSTMENT PHONE (303) 3564000 EX1.4256
wage GCT 6024 L2 BLK3 3RD ADD t N12.501 LOTS 7-8 JUN Z REC
EXC THAT PORTION S £ E OF FOLLOWING LN DEG NE
COLORADO COR L7 BLK1 2ND ADD E PARALLEL TO N LN 26TH ST
207.31 L87D211 44.751 L23D261 96.38 R90D00. 79. TO
E LN L2 DLK3 3RD ADD 53.52 FROM SE COR
614 25 ST GARDEN
•
OWNER PERKINS JAM£5 A --
DAVID J MELUSKY PARCEL 096117313008 .
PIN R 3547086 •
•
710 11 AVE YEAR 1991 '
GREELEY CO 80631 LOG 04084 ..
06/03/1991
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:
AFTER A REVIEW OF LAND AND SALES IN YOUR AREA, THE MARKET VALUE OF
YOUR PROPERTY HAS SEEN CHANGED.
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 24.344 19. 475
IMPS
TOTALS $ $ 24i 344$ 19. 475
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.
6y. WARREN L. LASELL 0A/2s/91
WELD COUNTY ASSESSOR DATE ^ 153
X1.07,'''
FormPPR-07-6]/91 ADDITIONAL INFORMATION ON REVERSE SIDE c 1?
YOU HAVE THE RIGHT TO A PPEAL.J'Ii ASSFSSOR'S_DECISION
The County Board of E.quaii ation;wiii sit to hear appeals beginning July 1 and,o ntinuing through August 10 for
real property (land and buildings) and personal.-property (furnishing machinery, and equipment). 39-8-104 and
39-8-107(2), C.R.S.
. . :-
APPEAL PROCEDURES: -
•
If you choose to appeal the Assessor's decisidn; .mait•or deliver bne copy of this comoieted form to the County
Board of Equalization. To preserve your right to appeal:your appeal must be POSTMARKED OR DELIVERED ON
OR BEFORE JULY 15.
WELD COUNTY BOARD OF EQUALIZATION
915 Wth Street, P.O. Box 758
Greeley, Colorado 80632
Tel phone (303) 356-4000, Ext. 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 Equalization must make a decision on your appeal and mail you a determination within five
business clays. 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:
9th A••fenue and 9th Street, P.O. Box C
Greeley, Colorado 80632
Telephone (303) 356.4000, Ext. 4520
c..
Arbitration:. .-• .
WELD COUNTY BOARD OF E 1i_JALIZATION
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
of Assessment Appeals by September 18,
To PRESERVE YOUR APPEAL RIGHTS, YOU Mt1ST PROVE YOU HAVE FILED A TIMELY APPEAL;
THEREFORE, WE RECOMMEND ALL CORRESPONDENCE FEE 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
Pees§aryl We- disagree and appeal the valuation assessed against the subject
based on the attached Appraisal subject property;; ._
pp performed by Bartels Fv Noe Agency, listing a value of
$14,500.00 on the property. The property has been listed for sale for eleven (11) months
for the appraised value with no takers. The property has limited frontage/access, and
will require considerable expenditures .for water and sewer updating before it is useful.
We believe that the property is worth $14,500.00 at best, and in no case would it be
worth the assessed value of $19,475.00
Attorney for the Estate of
JAMES A. PERKINS, Deceased
•
'a tea r:..':"L''iit i,JF FE'r,.iCr?�{:R -<-21i. .714_EL ---1(. 1frr37781 ._...__._..._...._...___ _...__.7- �.� /
DATE.
• ai fit 1
8 ot°rs Bartels 4 Moeg¢nci 8
T11r' INSURANCE - BONDS - REAL ESTATE r
PHONE (3031 356-1133...1301 9th STREET...POST OFFICE BOX B...GREELEY,COLORADO 80632
November I , 1989
Mr. Daniel J. Melusky
Attorney at Law
The Greeley Building
710 11th Avenue, Suite 300
Greeley, Colorado 80631
Re: Estate of. James A. Perkins, Deceased
Dear Mr. Melusky:
iu
Pursuant to your request, I have made an inspection and appraisal of real pro—
perty described below to ascertain the fair market value.
The property has been personally inspected by me and a careful and thorough in—
vestigation and analysis of all the matters pertaining to the true valve of said pro—
perty have been completed as of this date.
It is understood that the fair market value is defined as the cash price that
might reasonably be anticipated in a current sale under all pertinent conditions requi—
site to a fair sale. The fair market value is further defined as the price at which a
willing buyer and willing seller will agree upon where neither is under any undue pres—
sure and both are negotiating at arms length with complete knowledge of the market, and
assuming sufficient activity in the marketplace to generate enough buyers and sellers
so that no one of them would control the price.
Legal Description
L2, Blk 3, 3rd Add & N12.50' , Lots 7-8 Exc that portion
S & E of following In beg NE Cor L7, Blk 1 , 2nd Add E
parallel to N In 26th Street, 207.3' , L87D2' , 44 .75'
L23D26' , 96.3 ' , R90D00' , 79' to E In L2, Blk 3, 3rd Add,
53.5' from SE corner, also know as 614 25tH Street.
The above described property consists of a 19,475 square foot vacant lot in the
southeast section of Greeley, Colorado. The property is actually in Garden City,
Colorado. The property is on the corner of 25th Street and Business Highway 1185.
The site is irrigular in size with a 50.7 foot frontage and approximately 212.5
feet deep. It is zoned C-4 which is service business. There is 180' frontage on
Business Highway 1185. There are various businesses in the imediate area such as
resturants, appliance store, car wash-filling station, and a bar which is next door
to the west. The occupancy of the property prior to a fire was a new and used tele-
vision store. There had been a number of usages over the years. Information received
from the waterand sewer department City of Greeley was very vague but it appears that
a new user would have considerable cost in up dating water and sewer service.
Tax Information
Land Valuation $ 8,470
1988 Mill Levy 80.928
I1988 Taxes 685.46 lr-,—
Mr. Danel J. Melusky .
November I , 1989
Page 2
The 50.7' frontage and parking requirements will limit the usage. There is
good exposure from Business Highway 085 but there is no traffic light at the inter—
section which allows a fast traffic flow on the highway. There has been very little
new development in the immediate area of the subject property. There are a number
of buisness parks in the Greeley area.
Because of the assumed knowledge of the client, in—depth reviews of the State of
Colorado, Front Range Region and Weld County are omitted from this report.
Considering real estate investments, the Greeley area is one of the most desirable
locations for such investment in Colorado. The economy is well diversified among in—
dustry, agriculture, education and governmental offices, and growth of residential,
, commercial and industrial districts is constant and of good quality. Hewlett—Packard,
Eastman Kodak, and Con Agra are in the area, and there appears to be other industries
interested in the Weld County area. The inflation and interest rates have decreased
and other national indicators have been favorable.
It is my opinion that the fair market value of said property as of. June 17, 1989
was fourteen thousand five hundred dollars dollars ($14,500.00) .
In the preparation of this report, certain assumptions have been made:
I . No responsibility is assumed for matters legal in nature and no respon—
sibility is assumed as to the correctness of the property lines.
2. No survey has been made by this appraiser and all measurements are be—
lieved to be reasonably correct, but are not guaranteed for accuracy.
3. The information contained herein has been obtained from reliable sources;
however, the appraiser cannot guarantee the accuracy of this information.
4. The appraiser is not required to give testimony or attendance in any court
by reason of this report.
5. All liens and encumbrances, if any, have been disregarded and the property
has been appraised as though free and clear, under responsible ownership.
We certify that the valuations given were fair market value, that recognized ap—
praisal procedures were used in determining the value, and that we have no contemplated
future interest in the property.
Respectfully Submitted,
71 Sege
Ed r F Bartels
EFB mk/ c
Comparable land sales for 614 25th Street Greeley, Colorado.
# 1 . Lot 10, Southgate Drive Evans, Colorado.
Sold 9/ 14/88 for $23, 174 .00. 23, 174 square feet which equals
$ 1 .00 per square foot. Zoned 81 , sewer tap only, fully developed
business site, similar to subject in location.
112. 800 31st Street Evans, Colorado.
Sold 12/22/88 for $44, 145.00. 44, 145 square feet which equals
$1 .00 per square foot. Zoned 81 , taps not paid, fully developed
business site, similar to subject in location.
113. 2400 27th Street Greeley, Colorado.
Sold 9/26/89 for $370,260.00. 185, 130 square feet which equals
$2.00 per square foot. Zoned C4, taps not paid, probably
better location than subject property.
114. 3015 11th Avenue Evans, Colorado.
Sold 3/31/88 for $ 10,500.00. 15625 Square feet which equals
$.67 per square foot. Zones R3, taps paid, corner lot, similar
to subject in location, but zoned for fewer uses.
The water and sewer taps for the subject property are not clearly defined,
as the property is outside of the City of Greeley and is serviced as an
outside user there maybe requirements and several thousands of dollars
in costs to bring the taps to the present requirements of the City of Greeley.
In view of the above sales and reviewing the location, size, and street
frontage of the subject property, a square footage value of $.75 per
square foot appears to represent the current market value of said property.
The value of $.75 per square foot would indicate a total value of $14,606.25
for the subject property and should probably be rounded to $14,500.00
CA1 tr "t:^,N
J. _i1 c 3-2
DAVID I. MELUSKY
Attorney at Law
The Greeley Building
710 Eleventh Avenue, Suite 300
Greeley, Colorado 80631
(3031 356-2553
-, :) WELD col Inv ASSESSOR
�01 �i r,,,,: .,
c.
June 28 , 1991 jUL 31991
Mr. Warren L. Lasell GREELEY,C0L0.
Weld County Assessor
915 10th Street
Greeley, Colorado 80631
RE: Estate of James A. Perkins, Deceased
Parcel #096117313008
PIN R 3547086
Year 1991
Log #04084
APPEAL OF ADJUSTED VALUATION OF REAL PROPERTY
Dear Mr. Lasell:
This office, as attorney for the Personal Representative of the
Estate of James A. Perkins, hereby files the enclosed Appeal as
to the Notice of Adjustment issued by the Weld County Assessor's
Office dated June 24 , 1991, pursuant to C.R.S. §39-8-106(1) (a) .
It would be appreciated if the hearing in this matter could be
cleared with my calendar in order to avoid delay or
unavailability based on my Court schedule. Please contact Karen
in my office at 356-2553 for purposes of scheduling the Appeal
Hearing.
Thank you for your attention. Please feel free to contact me if
you have any questions with regard to this matter.
Sinc el ,
n
f
i � ?
id J. Mel
Attorney at Law
DJM/kk
enclosures
cc: Melanie Williams, Personal Representative
Certified Mail, Article #P 668 718 051
S . ., 4i
(ti
& \ CLERK TO THE BOARD
P.O. BOX 758
GREELEY,COLORADO 80632
(303)3564000 EXT.4225
WI C.
COLORADO
July 10, 1991
Parcel No. : 096117313008 PIN No. : R 3547086
PERKINS JAMES A
5212 PIEDMONT DR
SANTA ROSA, CA 95409 - 2546
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Tuesday, July 23,
1991, at or about the hour of 9: 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
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.
PERKINS JAMES A - R 3547086
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 EQUALIZATION
Donald D. Warden,
Clerk to the Board
BY:
Carol A. Harding, Deputy
cc: Warren Lase11, Assessor
DAVID J MELUSKY,
O i_r'",6,11
•
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\\ "
CLERK TO THE BOARD
P.O. BOX 758
I GREELEY,COLORADO 80632
(303)356-4000 EXT.4225
C.
COLORADO
July 15, 1991
Parcel No. : 096117313008 PIN No. : R 3547086
MELUSKY, DAVID AGENT TO THE ESTATE OF
PERKINS JAMES A
710 11 AVENUE SUITE 300
GREELEY, CO 80631
Dear Petitioner(s) :
The Weld County Board of Equalization has previously notified you of the
date and time scheduled to hear the petition of appeal regarding your
valuation for assessment. Due to a scheduling conflict, it is necessary
to reschedule your hearing to July 29, 1991 at 10:00 a.m.
I would like to apologize for any inconvenience this may cause you.
Please advise me if you cannot attend your hearing as rescheduled.
Very truly yours,
BOARD OF EQUALIZATION
/071//✓ 7114 4
Donald D. Warden,
Clerk to the Board
BY: //71,1/a_/7/=/ .
Carol A. Harding, Deputy
cc: Warren Lasell, Assessor
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--,..y.1.--91 —T - -�..-.�.......�. LLR?,NDS.L...LSi-------� .JY �F\-.r....f.'__._._ .... .'`_C'.l1iY.H352_... a71
Melanie Sue Williams
5212 Piedmont Drive
Santa Rosa, CA 95409
Weld County Assesor
915 10th Street
Greeley, COLO 80631
June 4, 1991
To Whom it may Concern :
RE : Protest as to valuation of real property. Log # 4084
I am the personal representative for the estate of my late
father, James A. Perkins . This estate is legally represented by
Mr. David J. Melusky. I authorize David J. Melusky, the attorney
of record, to persue this protest.
This property has been for sale for nearly two years now and the
current asking price is $14, 000 and there has been no interest in
the property what so ever. It was last appraised by Bartels and
Noe Agency for $14, 500 on November 2, 1989 •
Mr. Melusky has my authorization to act as my agent in this
protest.
Sincerely,
Melanie Sue Williams
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