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Home My WebLink About901449.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1990, WELD COUNTY, COLORADO PETITION OF: PIZZA HUT % JIM WINTERS P.O. BOX 789950 WICHITA, KS 67278 DESCRIPTION OF PROPERTY: PIN: P 0004368 PARCEL: 096117311013 - 2525 8 AV GREEL #6134-A BLK 11 1ST ARLINGTON PK (OUT) WHEREAS, the Board of County Commissioners of Weld County, Colorado, organized as a Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the assessment and valuation of real and personal property within this County, fixed and made by the County Assessor for the year 1990, and WHEREAS, said petition has been heard before the County Assessor and due notice of adjustment thereon has been given to the taxpayer(s) , and WHEREAS, the taxpayer(s) presented a petition of appeal to the County Assessor' s valuation for the year 1990, claiming grounds for relief thereunder stating the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being represented by Dougherty & Scavo, who submitted a letter regarding said petition, 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 its 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: 901449 Page 2 RE: BOE - PIZZA HUT 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. (39-8-108 (1) , 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. (39-8-108 (1) , CRS) OR 3 . Bindina 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. (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. 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 Page 3 RE: BOE - PIZZA HUT 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 J y, A.D. 19 O. ATTEST: A.D. BOARD OF COUNTY COMMISSIONERS ��/1/1��7 WEL OUNTY, COLORADO Weld County Clerk to the Board (- ene R. Bran ner, Chairman t� BY: owt--/t-c. uty Clerk to he Bo Board - Ge ge Kennedy, Pro-Te APP.130FD AS TO FORM: Constance L. Har ert f County Attorney C. W. Kirrbbb Gof� GREE OF COUNTY ASSESSOR 915 10th STREET NOTICE OF ADJUSTMENT GRF,ELF.Y,COLORADO EXT. 2 PHONE(303)356-4000, EXT.4256 66134-A SLK 11 1ST ARLINGTON PK (OUT) COLORADO 2525 8 AU GREELEY OWNER PIZZA HUT DOUGHERTY E SCAM() PARCEL 096117311013 PROPERTY TAX CONSULTANTS PIN P--0004368 220 E MULBERRY ST YEAR 1990 FT COLLINS CO 80524 LOG 00103 07/05/1990 The appraised value of property is based on the pp p p y appropriate consideration of the approaches to value required by law.The As6sor hasdetermiried 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 production capacity of the land, capitalized at a rate se9yllaw. -≥ 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 fro5n„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 PERSONAL PROPERTY ACCOUNT HAS BEEN ADJUSTED FOR 1990. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW PERSONAL PROPERTY 113, 713 112x507 t° TOTALS $ $ 11.39 713 $ 1122507 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 RICHARD W. KEIRNES 07/05/90 WELD COUNTY ASSESSOR DATE 24 15 DPT-AD Farm PR-2m 87/90 ADDITIONAL INFORMATION ON REVERSE SIDE �� OLt ttd>.OE ? ≥tie L1R H 1O APPEAL Tilt ASSESSOi `SDECIS1t.N o � St ,`YE lon to ut eh August 10 for real property 4l` t si F is 3 i� rT Y a„ ateptsiat.tey ttttro atttnt , troLtana y . teu eet pectent} d08 104 t•nti 398-107(2), C.R.S. O8, t 88 t, t:C , > fu iht County Board of . t.ar; ' } s} , ,_ . L3etG 0.00-08.11 Or>1 OR BEFORE It: , ttt5 M ,. a . t J t�., t t a r., x .' : ,: r _ of ,,osay th ` t o tp tE d i, i to to r o edy Board of t t _t ,t tt _ t tJSI a. t ,s:E` , t rjcf v hts5.Lt Lt a^a tit, KEELS/RE t tC''it C W x SiF t= .. .'ter ' , .F,tt ,..ra ,. ,I'Ji', .Iti>in@SS _ t)' tat ., '',t,t . _ Ho.( tt.w .. • rq. ariUS` l l t tfrltfl, 1 thirty days of the et8O,CY t t, tects t;( Cl( tot (Nand stattl,d. t ,.., rR tent. ,roLtea iBeak: ,,. . ., Lii =.. . : r `6(3 ',380 Ctistrtet S„ourt: 3rt' A .�rt1C r,_t tt.tt S'tr., ,r U tj ,3cx i= t sit??dr,.0 C,Uti 3/ (,,tt4 ;n ,' t <ti5 bet.sill°t9 ex; 1 :el ttt„ m.4 r,; S: `s §?,t N11-1A1 Pk ` .its „ •O,-, E..ED A i uviELy APPEAL, b . n ... . J t;t. `i€'� � �� `'v' � � t'?3�r.4 ✓iii b1 A'1,.3NG_ �,_..._ _......-_ ._., ...M_..._.. . totatt its t ct e, ` .;setat _ t eta t- t ,tdr ;teat, taco t ePtS de necessary. r w , —1/25\-0)e) _ DOUGHERTY & SCAVO i PROPERTY TAX CONSULTANTS Cr,;; 220 E. MULBERRY ST. 7 FT. COLLINS, COLORADO 80524 175? Sy�_ I 1T 4 9: e PHONE: (303)493-4980 THOMAS N. DOUGHERTY ('�+. ` ;,.� JAMES A. SCAVO FAX: (303)482-0860 TO TIE �C';°,J) July 10, 1990 Weld County Board of Equalization 915 10th Street P. O. Box 758 Greeley, CO 80632 Dear Sir or Madam: Dougherty & Scavo is agent for the following Weld County properties regarding ad valorem property taxation and with this letter hereby request a hearing date with the County Board of Equalization. Signed copies of the Notices of Determination are included. Parcel Number Owner Name 0807-20-4-13-001/007/009 Brian Soukup 0807-?,0-4-14-001/0,03/004 005/006/009%010 0959-01-4-24-002 - R H C Associates 1471-05-2-14-007 ` James Winter 0961-17-3-11-013r Douglas Erion * 0807-17-3-02-001/002/003 James Winter Thank you for your attention in this matter. Sincerely, _ Tom Dougherty Jim Scavo DOUGHERTY & SCAVO Enclosures *We did not receive a Notice of Determination on this property. Per this letter we are seeking further appeal with the Board of Equalization. DOUGHERTY & SCAVO PROPERTY TAX CONSULTANTS r7- 220 E. MULBERRY ST. t'' ?' FT. COLLINS, COLORADO 80524 c PHONE: (303) 493-4980 THOMAS N. DOUGHERTY TO ' -` r !" tgME5 A. SCAVO FAX: (303)482-0860 !l a_ .-1 J July 18, 1990 Mr. Richard W. Keirnes Weld County Assessor 915 10th Street Greeley, CO 80631 Re: James E. Winter DBA Winter Enterprises 2525 8th Avenue, Greeley 0961-17-3-11-013 Dear Mr. Keirnes: Please regard this letter as formal protest of the current valuation of the above referenced property. Enclosed is authorization for Dougherty & Scavo to represent the above referenced property owner in this matter. Additionally please find documentation enclosed to support an actual value for this property of $155,800 . Thank you for your consideration. Sincerely; Tom Doug eerrty DOUGHERTY & AVO TD:bh Encls . DOUGHERTY & SCAVO 90-028 y� �4 z 'AK• a. i s : �.., � r # . . r i r y1 _ DOUGHERTY & SCAVO 90-028 PARCEL NUMBER: 0961-17-3-11-013 CITY: Greeley ADDRESS: 2525 8th Avenue USE: Commercial Land/Restaurant-Fast Food CONSTRUCTION TYPE: Frame NUMBER OF STORIES: 1 BUILDING SIZE: 2,591 SF LOT SIZE: 19, 000 SF CONDITION: Good COMMENTS: This is a typical Pizza Hut type facility with normal construction and design for a pizza restaurant. The condition is good. It is important to separate "Pizza Hut" goodwill value from the real estate value. We will do that by looking at "market" rent rates for the income approach to value and the cost approach to value. DOUGHERTY & SCAVO 90-028 INCOME APPROACH TO MARKET VALUE Gross Income Potential: 2,591 SF @ $13.00/SF $31,092 Less: Vacancy & Credit Loss ( 108) (3, 109) Less: Operating Expenses (258) C 7 ,7301 Net Operating Income: $20,253 CAPITALIZATION RATE = 138 INCOME VALUE _ $155,792 Fast foods generating $13 . 00/SF in the Greeley area - McDonalds Parcel Number : 0961-17-3-11-013 Property Owner : WINTER Address : 2525 8TH AVENUE City, State, ZIP: GREELEY, CO 80631 Surveyed by : TD Date of Survey : 6/90 Occupancy: Fast Food Restaurant Floor Area: 2,591 square feet Number of stories: 1.0 Class: Frame Average story height: 8. 0 feet Cost rank: Average Effective age: 10 years Cost as of: 6/88 Heating and Cooling: Package Unit 100% Other features: Units Cost Total Basic structure cost 2,591 50.46 130,742 Less Depreciation: Physical and Functional <15 . 08> <19, 611> Depreciated Cost 111,130 Miscellaneous: LAND 7,773 2 .50 19,432 LAND BACRLOT 11,227 1.25 14,033 CONCRETE PAVING 360 1.50 540 ASPHALT 15,000 0 .78 11,699 Subtotal 45,704 Total 156,834 Assessed Value 298 45,481 Cost data by MARSHALL and SWIFT DOUGHERTY & SCAVO 90-028 CONCLUSION INCOME APPROACH TO VALUE _ $155,792 MARKET APPROACH TO VALUE = N/A COST APPROACH TO VALUE _ $156,834 VALUE REQUESTED = $155,800 AUTHORIZATION I hereby authorize Daugherty-Scavo to investigate, if deemed appropriate, seek adjustments in assessed valuations and receive copies of notice of valuation for the fallowing real properties; 1a Owner Name: James E. Winter Address: P.D. Box 789950 City, State: Wichita, KS Zip: 67270 Phone: 316-687-6385 Parcel No. Address (legal ) 97131-29-004 (Real /Pers. ) Riverside Shopping Center, Ft.Collins 97261-27-004 (Real /Pers. ) 2631 S. College Ave. , Ft. Collins 87191-09--002 (Pers. ) 2850 McClelland Dr, Ft. Collins 97251-19-001 (Pers. ) 2601 S. Lemay #3, Ft. Collins 97214-22-0'11 (Pers. ) 2170 W. Drake #B2, Ft. Collins 95142-15-002 (Real /Pers. ) 832 W. Eisenhower, Loveland 95013-10-004 (Peres. ) 249-E E. 29th St. , Loveland -35253-08-008 (Real/Pers. ) 430 Prospect Dr. , Estes Park. 095901424002 (Real /Pers. ) 2439 W. 10th St. , Greeley 147105214007 (Real/Per-s. ) 450 Denver Ave. , Ft. Lupton 096117311013 (Real /Pers. ) 2525 Eighth Ave. , Greeley 080717302001 (Real/Pers. ) 1000 12th St. , Windsor 080717302002 (Real ) 1000 12th St. , Windsor 080717302003 (Real ) 1000 12th St. , Windsor Dougherty-Scavo shall be our exclusive agent for a period of 1 year in matters relating to ad valorem taxation of the above listed real properties. • Owner's Signature Date Mailing Address of Notice of Assessed Valuation: Dougherty-Scavo 220 E. Mulberry Street Fort Collins, CO 80524 WELD COUNTY ASSESSOR ATIBR250 PROPERTY SUMMARY PARC: 096117311013- - APPRAISAL YEAR 1990 BLDG OCCUPANCY RCN RCNLD X 001 RESTAURANT - FAST FOOD 139, 444 118 , 528 IMPS TOTAL 139 , 444 118 , 528 COMMERCIAL LAND TOTAL 66 , 500 LAND AND IMPS TOTAL 185 , 028 *** ****************************** ************** ************** PF1 : SELECT ITEM PF9 : RESTART BROWSE PA2 : ASSR MAIN MENU PFB : CONTINUE PF10 : REAL ESTATE MENU CLEAR: SIGN OFF MESSAGE : O-O01 4B Hello