HomeMy WebLinkAbout910761.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO
PETITION OF:
KITELEY TOM R
2343 STATE HWY 66
LONGMONT, CO 80501
DESCRIPTION OF PROPERTY: PIN: R 4760186 PARCEL: 120721000005 - 25581A PT
SW4 21 3 68 BEG N86D07'E 1566' & N89D21'E 26.4' FROM SW COR SEC 21 THENCE ON E
R/W OF SANBORN DITCH N46D48'W 564.4' N89D21'E 448.2' S25D14'E 430' S89D21'W
220' M/L TO BEG (3A M/L)
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 present, 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:
910761
Page 2
RE: BOE - KITELEY TOM R
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.
910761
Page 3
RE: BOE - KITELEY TOM R
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 30th day of July, A.D. , 1991.
9 -
// BOARD OF COUNTY COMMISSIONERS
ATTEST: / VG� T WELD COUNT LORADO
Weld County Clerk to the Board
Gord cy airman
By: /?., ,z _cfe'�
Deputy Clerk to the Berard Geo e Kenn y, Pro-Tem
APPROVED AS TO FORM: (�7q ��t—e r-2 orx iL
onstance L. Harbert
XI"A istant County Attorney C. W.
1( � � 12)2,4)--1W. H. Webster
910761
BOE DECISION SHEET
PIN #: R 4760186 PARCEL #: 120721000005
KITELEY TOM R
2343 STATE HWY 66
LONGMONT, CO 80501
HEARING DATE: July 29!., 1991 TIME: 2:00 P.M.
HEARING ATTENDED? ON) NAME: cfy iyti- ��-PLC?-C.-2�C.�G!`'7�p'«
� '�
AGENT NAME:
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL ADJUSTED
Land $ 30000 $
Improvements OR
Personal Property 78565
Total Actual Value $ 108565 $
COMMENTS:
MOTION BY `" ,� TO rj p
SECONDED BY ()() A, r Lacy (sa N)
Kennedy C/N)
Failed to meet burden of proof Harbert N)
Comparables inadequate Kirby N)
-4-- Assessor's data unchallenged Webster N)
Other:
RESOLUTION N0._ 910761
O' HCL;O1 CUl!N 1Y :1SSI:.SSUIZ
915 10th STREET
GREELEY,COLORADO 80631
NOTICE OF ADJU5TMEtdT PHONE (303) 356-4000, E.XT.4256
25581A PT SW4 21 J fib BEG N86U07°E 1566° 6
O . N89021 ° E 26.4° FROM SW CDR SEC 21 THENCE ON E R/W
COLORADO OF SANBORN DITCH N46D4O W 564.4° N89U21 °E 448.2°
5251114° E 430° S89D21 °W 220 ° M/L TO €3EG (3A i9/L }
OWNER KITELEY TIM R • ,
•
KITELEY: TOM R. PARCEL 12C721OOOOO5 -
PIN R 476O186
•
2343 STATE HWY 66 YEAR 1991
•
LONGMONT C(J 8O 5C 1 LOG 0.2387 )
O5/22/1991
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:
YOUR PROPERTY HAS BEEN UNIFORMLY VALUED FOLLOWING COLORADO LAW AND
INSTRUCTIONS PUBLISHED BY THE STATE DIVISION OF PROPERTY TAXATION.
YOUR PROTEST OF VALUE HAS .13EEN DENIED DUE TO COMPARISON OF OTHER
SIMILAR PROPERTIES WHICH SOLI) DURING THE 1989/1990 TIME Ps:RIC;li.
THIS COMPARISON SHOWS YOUR ACTUAL PROPERTY VALUE TO B.F. CORRECT FOR
THAT PERIUi).
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LANZ: :3J° ") ' 3x° 3OO
IMPS 78° 565 78. 565
TOTALS $ $ 1O8° 565$ lrEi° 56:i
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 0d/2 /yl
WELD COUNTY ASSESSOR DATES
Form PR-207-87/91 ADDITIONAL INFORMATION ON REVERSE SIDE 910761
YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION
The County Board of Equalizatior, will sit to hear appeals beginning July 1 and continuing through August 10 for
real property (land and buildings) and personal property (furnishings, machinery, and equipment). 39-8-104 and
39-8-107(2), C.R.S.
APPEAL PROCEDURES:
If you choose to appeal the Assessor's decision., mail or deliver one copy of this completed form to the County
Board of Equalization, To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON
OR BEFORE ;DULY 15.
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (303) 356-4000. Ext. 4225
NOTIFICATION OF HEARING: _
You will be notified of the time and plate 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 days, The County Board must conclude their hearings by August 10.
TAXPAYER RIGHTS FOR FURTHER APPEALS:
it you are not satisfied with the County Board of E:giaalization's decision, you must file within thirty days of the
County Board of Equalization's decision to ONE of the following:
Board of Assessment Appeais (BAA):
Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303) 866-5880.
District Court:
9th Avenue and 9th Street, P.O. Box C
Greele-y, Colorado 80632
Telephone (.303) 356.4000, Ext. 4520
.Arbitration:
• 'WELD COUNTY BOARD OF EQUALIZATION
915 10.in Street, R.O: Box 758
Greeley, oiorado 80632
Telephone (303) 356-4000, Ext. 4.225
If you dry 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
necessary.
o�
Weld County Board of Equalization /`� Z 9 j
915 10Th Street P. 0. Box 758 7
Greeley CO 80632
Re: Parcel 1270721000005 PIN 4760186
The land in question here received an increase of over 100% in valuation
two years ago and has now received an increase of more than 42% on top of that
one. The improvements received a jump of over 27% above the last change.
Certainly there has, in fact, only been a degradation in values during the
period. I protested by mail the 1989 valuation and was summarily ignored. My
protest this time was in person and with all the comparables that we could
find within three miles and within the last three years. The sale most
advantageous to the Assessor's valuation went for $3610 per acre and included
water rights valued at over $1800 per acre in that price. My land is being
valued at $10,000 per acre.
The comparables are all relatively level farmable parcels with good views
and with water rights. In contrast, we selected this section of the farm on
which to build my house because it would not have any effect on the use of the
farm. It is steep ground with extremely shallow soil above the shale and over
two thirds of the parcel only grows swampgrass. It is the edge of a cattail
filled slough on the west side and borders a railroad track and fertilizer
plant on the east. There are no building possibilities, it can't be farmed and
there are no water rights.
When I had my interview at the assessor's office, the agent there said
that my property was classed as Del Camino area. Del Camino is three miles
south and nearly two miles east of my land. It certainly has no relationship
to this piece of ground.
The reply to my request for adjustment (included with this letter) was
the same as two years ago. "comparison to other similar properties" . Where are
those comparisons? I have provided every sale, and even listing, that I can
find for this area. They only point to a completely erroneous valuation here.
I urgently request a modification of the valuation of my land.
Sincerely, r'' �i
17 /
om R. Kiteley
914761
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✓10761
COMPARABLE SALES
zip
Grantor: Adler Grantee: Rocky Mountain Fuel Co. , , ,
Date of Sale: October 20, 1989 Acres: + 57.2
Total Consideration: $206,500.00
:Legal Description: , Lot B of Recorded Exemption 4i1207-16-3-RE1176, :located
in ,the West 1/2 of the Southwest 1/4 of Section 16,
Township 3 .North, Range 68;West of.the 6th-P.M., Weld
County, Colorado -
;f ,
Improvements None ..,
_ Water Rights:4- 1/4 share-of the Capital Stockiof the Highland,Ditch
Coy•'
80 units of water as allocated by the Northern Colorado
Water Conservancy District
Location: 1/2 mile east of the Subject Property -
Comments: Similar location.
Comparable sale would have superior water rights and
view in relation to the Subject Property. '
916'761
•
COMPARABLE SALES J
t
Sale 112 _ , r
Grantor: M.P.L.C. II Grantee:- Aavang
Date of Sale: December 14, 1989 Acres: 37.34
Total Consideration: $130,000.00
Legal Description: Part of the Southeast 1/4 of Section 13, Township _
3 North, Range 69 West:of 'the'6th P.M., Boulder
County, ;Colorado ' -
`• Improvements: None " �
Water Rights: 2 shares of the Capital Stock of the Supply Irrigating
10 units of water as allocated by the Northern
J.
Colorado Water Conservancy District
Location: 1 mile west of the Subject Property
Comments: The comparable sale would have a superior location and
view in relation to the Subject Property.` '
The comparable is Lot 7 of Meeker Park Farms, a
subdivision in Boulder County.
91.0761L
. ,.. _ _
LOTS & LAND
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6 037925 LFR24 115,000 05/16/90 D 341 CV ROL!•
37925Ad WELD CR 3 '124,000 i 4./A ()i°" /
FR 24 Y6 Cot),WELD 2n ARGRRIIG Sub pNONE
iepAi PART OF SEiH RIGHLANDT Lnt
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Faces EW R Si GR CosGRASS LnDeta 0'i�-1.�;\'.goI�
Res Sch MEAD/MEAD/SKYLINE Tex 475 8 J� v
wt.-LONGS P by 40 BR BA chat yfo(]C)
Swr SEPTIC Pest Style Ape
Gas NON�E Tnyop LEVEL Cow
Trm T It)RE/D Sod FERTILE d _</`
Features FE,NO,IV,OB,RZ
EXC/o—R WIN 40 ACRES WITH VIEW.EASY ACCES
• 3 HWY 66 A I-25.64X40 METAL POLE BLDG.
FENCED`y`3CSFIDES.CONCRETE DITCHES.EXISTING
Own WITHHELD Ph
Stan MARVIN DYER Ph 776-9282 Cx 3.
atrce DYER REALTY,INC Ph 772-3200 0 DYER
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•
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LOTS & LAND
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•
S 040655 LFRZ5 48,000 04/25/90 D 4 CV COTT
40655ed COUNTY ROAD 7 s52,000
FR 25 Y6 Cnty WELD 2n AG Sub .
Ltual OKLF,IAL MEAD cot
Act 160 00 wR int0
R/C NO FdNO Type FC Yrs
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DescVW 1.1R UNKNOWN s j
Fares RSt GR CpsWHEAT LODeta
Rec HUNTING Sch JOHN,JOHN,JOHN Tax 127 BE
wtr LIT T bog BR BA c
Swr SEPTIC Past 40 Style Ape 91.0761
• Gas PROPANE Topup ROLLING Costs
Flee R Soil •
Terms CA BRING REASONABLE OFF - -
,,.... Features HO,RZ ' :.-_._ 1
i
- COHPARAHLH SALgS :. ': .
Sale 113 (Listing)= '
Grantor: --- Grantee:
Date of Sale Acres 58 . .
J�
Total Consideration: $159,000.00 '
(Asking Price)
if- Legal Description:` , Part of the Northwest 1/4,of Section 28, Township
'4i ^ 3 North„Range 68 West of the 6th P.M., Weld County,? ,
s Colorado r
S s
Rt
Improvements. None:
y' Location ' ' 1 mile .east5-andrlK,mile south of the Subject•Property
Water Rights: 1 .1/2 shares of Capital Stock of the Highland Ditch
Co.
24 units of water as allocated by the Northern '
Colorado Water Conservancy District
58/165ths interest in the Kiteley.and _Preston Seepage,• Comments: Comparable location in relation to the Subject
., Property. : � ' • '. r
This Comparable sale (listing) has a power line located
on the south side of the property, which is similar
to the power line located on the west side of the
Subject Property.
This listing should indicate the upper liAit or value
of the Subject Property after adjustments for water.
The comparable would have superior soil types and
productivity in relation to the Subject Property.
916#161
Warren L. Lasell
Weld County Assessor
915 10'th Street
Greeley, CO, 80631
RE: Protest of evaluation - R4760186
Schedule # 120721000005 Tax area code 1318
Dear Mr. Lasell ,
This appeal for reconsideration of the evaluation received from you
yesterday on my property is of the strongest nature. I protested the huge
increase that you made in the land value two years ago with no success, and
with no explanation from your office. This additional 42.86% increase in that
already inflated value is unbelievable.
The total land is approximately three acres. Over two acres of that are
on an alkaline Swale tailing into a slough. The ground is covered with swamp
grass and cattails. It cannot be farmed, and even if zoning restrictions would
allow, it is totally unusable for building upon. When I built the house and
carved out the three acres from our farm, the land was chosen simply because
it was of no value and would not detract from the farmable property.
As the head of the Colorado National Bank trust department here, I
offered for sale a prime building site out of one of trusts, which was
directly west one mile from my property, at $3000.00 per acre. The land is
even, gently sloping, under irrigation (there is no water right on my land) ,
next to power, water line and gas line. Total acreage forty. After four years
and three different brokers, we finally managed to sell the property about a
year ago for $2250.00 an acre before all expenses and commissions. The net was
somewhat below $2000.00. Land three miles west, and therefore much closer to
Longmont, but on dryland as is my ground, was sold two years ago for $1100.00
per acre. The attaching of $10,000.00 per acre to my land is ridiculous.
The house you increased by 27.15% on top of the increase made two years
ago. The house is 1470 square feet on the ground floor with a partially
finished basement. The main floor is composed of one bedroom, a combination
living room/dinning room, a small office, kitchen, utility room and a small
bath room. The basement has one bedroom (two thirds finished) a den and a
bathroom. The rest is still unfinished concrete floors and walls and is used
for storage and shop work. There are no fireplaces or any other unique or
value adding attributes to the house. There is a 20 by 24 detached garage on
the property that has a dirt floor.
The increase in appraisal last time was, I believe, uncalled for at that
time and certainly property values in this area have not increased any in the
meantime.
916761
CLERK TO THE BOARD
P.O. BOX 758
i<-----17p
GREELEY,COLORADO 80832
C. (303)3584000 EXT.4225
COLORADO •
July 16, 1991
Parcel No. : 120721000005 PIN No. : R 4760186
KITELEY TOM R
2343 STATE HWY 66
LONGMONT, CO 80501
Dear Petitioner(s) :
The Weld County Board of Equalization has set a date of Monday, July 29,
1991, at or about the hour of 2:00 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
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.
910761
KITELEY TOM R - R 4760186
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
. a��
Clerk to the Board
BY:
arol A. Harding, Deputy
cc: Warren Lasell, Assessor
91C761
WELD COUNTY COLORADO
OFFICE OF WELD COUNTY ASSESSOR
915 10TH STREET
GREELEY, COLORADO 80631
PROTESTER: TOM R. KITELEY
PROPERTY ADDRESS: 2343 HWY 66
LONGMONT, COLORADO 80501
EX IBIT
3081.
RESIDENTIAL PROPERTY SALES COMPARABLES
OWNER: KITELEY, TOM R.
SUBJECT COMP 1 COMP 2 COMP 3
PIN N0. 4760186 4770886 0025388 5375086
ADDRESS 2343 HWY 66 1212 HWY 66 13920 CR 1 10698 CR 15
21-3-68 29-3-68 30-3-68 8-2-67
Sales Date 6/30/89 3/01/89 11/30/89
Sales Price 108,565* 84,900 143,000 87,000
Land Value 30.000 22. 500 2 .760 27.650
Imps Value 78,565 62,400 140,240 59,350
Year Built 1964 1976 1984 1986
Style 1 Story 1 Story 1 Story 1 Story
Quality FAIR FAIR AVERAGE LOW
Construction Fr/HdBd Fr/HdBd Fr/Mason Fr/HdBd
SF. Imps 1,504 1,176 2,281 1,944
Sale Value/Imps sf. 53.06 61.48 30.53
Plumbing 2 - Full 1 - Full 2 - Full 2 - Full
1 - 1/2 1 - 3/4
Bsmt. Size sf. 1,504 1,152 1,484 0 -
Bsmt. Finish sf. 1,384 - 0 - 1,484 0 -
Garage/Out Bldgs. 2 - Car - 0 - 2 - Car 0 -
Adjustments:
Age: (4,680) (14,024) (5,935)
Quality: - 0 - (21,036) 5,935
Size: 9,676 (22,921) (12,980)
Construction: 0 - (5,610) 0 -
Plumbing: 1,400 (1,900) - 0 -
Bsmt: 14,146 (670) 23,074
Garage: 5.600 0 - 5.600
Total Adjustments: 26,142 (66,161) 15,694
Imps Value , 62 .400 140.240 59. 350
Adjusted Imp Value 88.542 74.079 75.044
Subject sf. 1,504 1,504 1,504
Adjusted SF. Value 52.24* 58.87 49.29 49.82
* Actual values assessed by the Assessors' Office, not sales or adjusted values.
Recommend: Denial/No Change
Appraiser: Larry Rodriguez
Date: 6/23/91
91.6761
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