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HomeMy WebLinkAbout910805.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: KIM HONG SUN & SUNG KULL & SUNG SOO 800 31 ST EVANS, CO 80620 DESCRIPTION OF PROPERTY: PIN: R 3883686 PARCEL: 096120308007 - EVS 13132 L1-5 NE4SW4 20 5 65 & VACATED PT GOLDEN ST BETWEEN L1 & 5 N OF RR R/W EXC N357.5' M/L L1 BEING ALL THAT PT LYING N OF A PROJECTION OF S LN OF L6 DUE E TO UPRR R/W%3112 STATE% 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 Thomas R. Fenton, 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: 910805 Page 2 RE: BOE - KIM HONG SUN & SUNG KULL & SUNG S00 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. 910805 Page 3 RE: BOE - KIM HONG SUN & SUNG KULL & SUNG S00 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 2nd day of August, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: atesilkiat WELD COUNT , C RADO l Weld County Clerk to the Board Gordon . ac , airman BY: J' " / el>1 e,/a2- d Deputy Clerk to th oa Geo a Kenned , Pro-Tem APPROVED AS TO FORM: 6211.5 �,Ye-e onstannccee L. Harbert -4(711 Assistant County Attorney C. . Kir y EXCUSED W. H. Webster 910805 BOE DECISION SHEET PIN #: R 3883686 PARCEL #: 096120308007 KIM HONG SUN & SUNG KULL & SUNG SOO 800 31 ST EVANS, CO 80620 HEARING DATE: August 2, 1991 TIME: 8:30 A.M. HEARING ATTENDED? (Y/N) NAME: AGENT NAME: FENTON GREINER & YATES DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 38400 $ Improvements OR Personal Property 12745 Total Actual Value $ 51145 $ COMMENTS: �//jJ(;/ MOTION BY`kJ TO SECONDED BY 7/C Lacy N) // Kennedy N) /2 Failed to meet burden of proof Harbert ) Comparables inadequate Kirby N) Assessor's data unchallenged Webster N) Other: RESOLUTION NO. y10a0s OI 11(:1: Ot,COUNTY AsSF.S8oR I _,,•„_, 915 10th STRELT ' -1- ;IC-��F ADJUSTMENT GRE LLY,COLORADO 80631 CQ�,;: ,',' ',;, ;.J PFIONE(303)356-4000. EXT.4256 BC S 23-1.317.0 LI-5 NE4SW4 2C 5 65 6 VACATED PT GOLDEN Ix TEEN LI 6 5 N OF RR R/W EXC N357.56 M/L L1 COLORADO (-BEING ALL THAT PT LYING N OF A PROJECTION OF S LN j<7 6 -AuE E TO UPP.R R/W%3112 STATE% IGi.._ v_. ..._ 3112 STATE ST EVANS OWNER KIM HONG SUN rB• SUNG KULL 6 SUNG SOO FENTON GREINER 6 YATES PARCEL 096120308007 PIN R 3883666 BITTERSWEET STATION 43175 YEAR 1991 GREELEY CO 80633 LOG 02150 05/20/1991 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 382400 363400 IMPS 271062 12,745 • ..... S $ $ 65.4-62i 51 a 145 If you disagree with he Asses de have y g t decision, ou ha the right app•-Ito the County Board of Equalization for further consideration, 39-8.106111(0},C0906%,,,Please see the b$c,s„,gf thitr f. ed in .rmation on filing your appeal. sr By. WARREN L. LASELL 06/17/9i 31(381?? WELD COUNTY ASSESSOR DATE 44 is•oar-;;o nR•20 ADDITIONAL INFORMATION ON REVERSE SIDE .�i Fenton,Greiner&Yates,Ino. Bittersweet Station#3175 Greeley,Colorado 80633 9108("0 it .fLl'-'9Th 9 � CLERK TO T fHE BOARD C.1;::: 1;;DIFIIII P.O. BOX 758 ' GREELEY,COLORADO 80832 (303)358-4000 EXT.1225 C. COLORADO • July 16, 1991 Parcel No. : 096120308007 PIN No. : R 3883686 KIM HONG SUN & SUNG KULL & SUNG SOO - 800 31 ST EVANS, CO 80620 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Friday, August 2, 1991, at or about the hour of 8:30 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 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. 91-108'. 5 KIM HONG SUN & SUNG KULL & SUNG SOO - R 3883686 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 EQU/ALIZA,T�IyON d D /— Donald D. Wares ! n 1 , Clerk to the Board BY: fip .0'r G"7 r CarolA. Harding, Deputy cc: Warren Lasell, Assessor C� FENTON GREINER & YATES, 21.68n5 Hello