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Home My WebLink About901443.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1990, WELD COUNTY, COLORADO PETITION OF: R H C ASSOCIATES % PIZZA HUT INC P O BOX 789950 2414 N WOODLAWN,SUITE 201 WICHITA, KS 67278 - 9950 DESCRIPTION OF PROPERTY: PIN: R 1798086 PARCEL: 095901424002 - GR 5952-A L10 BLK2 1ST HOUSTON HTS%2439 10TH ST% 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: 901443 Page 2 RE: BOE - R H C ASSOCIATES 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 OBOE 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 . 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. (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 OBOE are entitled to participate. The hearings are informal. The arbitrator has the authority Page 3 RE: BOE - R H C ASSOCIATES 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 27th day of Ju , A.D. , 1990. ATTEST: BO OF COUNTY COMMISSIONERS �� WE OUNTY, COLORADO Weld County Clerk to the Board Gene R. Brantner, Chairman BY: Deputy Clerk t the Board Ge ge Kennedy, Pro-T m APPR7VED AS TO FORM: //, /2671,40/6 Constance L. Ha b gi cam..— !fr //7 c F 4 County Attorney C. W. Kirby 77 (EXCUSED) Gordon E. Lacy UPI ILL O1. CODS I Y A:itiI.SSUIt • 915 10th STREET NOTICE OF DENIAL GREELEY,COLORADO 80631 PHONE(303) 356-4000, EXT.4256 I GR 5952-A L10 BLK2 1ST HOUSTON HTS42439 10TH ST% • DLORADO 2439 10 ST GREELEY • OWNER R H C ASSOCIATES R H C ASSOCIATES PARCEL 095901424002 PIN R 1798086 4 PIZZA HUT INC _ P 0 BOX 789950 2414 N WOODLAWNIISUITE 201 YEAR 1990 WICHITA KS 67278-9950 LOG 00953 .--i 0 06/14/1990 ,.-. . T.r• appraised value of property is based on the appropriate consideration of the approaches to value required by law. TIWAssessorhas determined ar your property should be included in the following categoryliesl `'I Residential property is valued by considering the cost and market approaches. er Agricultural land value is determined solely by the earning or production capacity of the land,capitalized at a rate set by S. ___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. your concern is the amount of your property tax, local taxing authorities (county, city, fire protection, and other special districts) hold ,dget 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. ie Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest and has deter- :ioed the valuation s1 assigned to your property. The reasons for this determination of value are: NO CHANGE HAS BEEN MADE TO THE ACTUAL VALUATION OF THIS PROPERTY. COLORADO LAW REQUIRES US TO SEND THIS NOTICE OF DENIAL FOR ALL PROPERTIES ON WHICH WE DO NOT ADJUST THE. VALUE• PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW LAND 129. 792 129.792 IMPS 124. 611 124.611 i i TOTALS $ $ !t $ 254 4O3 �1 you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, i2-S-106(1)(a), C.R.S. Please see the back of this form for detailed information on filing your appeal. RICHARD W. KEIRNES 06/21/90 WELD COUNTY ASSESSOR DATE 21 /Anni TIONI AI IUC-Ilhn/ tans (fr -V.' FC1C;r, olnc �L� YOU HAVE .IE RIGHT TO APPEAL THE ASSESSOh S DECISION • :he County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August 10 for real property :and and buildings) and personal property (furnishings, machinery, and equipment). 39-8-104 and 39-8-107(2), C.R.S. ...EAL PROPERTY APPEAL PROCEDURES: (Land and Buildings) you choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County Board of iqualization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 10. EiRSONAL PROPERTY APPEAL PROCEDURES: (Furnishings, Machinery, and Equipment) f you choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County Board of ..lualization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE _1 LY 15. - • WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (303) 356-4000, Ext. 4225 OTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal. '.)UNTY BOARD OF EQUALIZATION'S DETERMINATION: he County Board of Equalization must make a decision on your appeal and mail you a determination within five business .ays. The County Board must conclude their hearings by August 10. aXPAYER RIGHTS FOR FURTHER APPEALS: you are not satisfied with the County. Board of Equalization's decision, you must file within thirty days of the County .oard of Equalization's decision to ONE of the following: Board of Assessment Appeals (BAA): Contact the BAA at 1313 Sherman, Room 523, Denver, Colorado 80203, (303) 866-5880. District Court: 9th Avenue and 9th Street, P.O. Box C Greeley, Colorado 80632 Telephone (303) 356-4000, Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (303) 356-4000, Ext. 4225 you do not receive a determination from the County Board of Equalization by August 25, you must file an appeal with e Board of Assessment Appeals by September 24, 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 the space below, please explain why you disagree with the Assessor's valuation. Attach additional documents as necessary. • . OF DATE • - - a *at OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303) 356-4000, Exi. 4200 I P.O. Box 756 WI GREELEY, COL.ORA0O 60632 COLORADO July 18 , 1990 Dougherty-Scavo 220 E. Mulberry Street Fort Collins, CO 80524 Dear Sirs : The Weld County Board of Equalization has scheduled your hearing for Friday, July 27 , 1990 , at or about 3 : 00 p.m. regarding your tax assessment for property described as Parcel #095901424002 , (R H C Associates) Weld County, Colorado. The public hearing will be held in the Chambers of the Board, Weld County Centennial Center, First Floor, 915 10th Street, Greeley, Colorado, at the above specified time. Procedure for Hearings before the Weld County Board of Equalization will be as follows: Assessor: 1) The Assessor shall present his case first. He shall present evidence concerning the manner in which the property was assessed, both orally and in written form. (15 minutes) Taxpayer: 1) The taxpayer will present his case second. 2) Taxpayer may present all evidence, orally and/or in written form as exhibits . 3) Evidence presented will be limited to actual or assessed values of like properties or sales of like properties from January 1 , 1987 through June 30 , 1988 . Testimony concerning tax amounts and their usage by law are not applicable at this hearing. (15 minutes) Page 2 RE: BOE - R H C ASSOCIATES - PARCEL $095901424002 Decision of County Board of Equalization: 1 By law, the valuation of property for taxation as determined by the Assessor is presumed to be right. The taxpayer is therefore required to present sufficient evidence to prove his case. 2) The decision of the County Board of Equalization shall be based only on the testimony produced and exhibits introduced at the hearing. 3) The decision of the County Board of Equalization shall include a statement of findings and conclusions upon all the material issues of fact and law presented and shall either affirm the Assessor' s assessment or shall amend it as stated. If you are unable to attend at the time scheduled above, please contact this office immediately. Our phone number is (303) 356-4000 , ext. 4225 . Sincerely, Donald D. Warden Weld County Clerk to the Board \\ 1 y/-- ��' 1/ C73L/I LC CGS yt W�-ic.4 Druty Clerk t the Board M / •\/ n .§ tc � •5 / r � 7 ® � � ® � \ * / /$ ; .% . � ~ � �� / �4 \ / � / \ . \ 0,1 xf ( -,-... t, � / ( * % + w \ I % , ct a — / \ f / / # / a [ \ \ & N Lu N , hi . & %m \ 2 » < \ \ � / y y �Cr E_ x \ \ \ w � \ ' _ � \ g ca G N y w a � ' y \ ^ ® % x cc ! \ d \ g J . Li u _CC r cC cn w NI % ' g A ® / / \ 2 _� m 7 � / • ® % © 1/ « ® % f ; , / \ \ r--- . G Q k \ . \ O V � a� / \ . a Z La \i) / LW co / \ \ ) » \ \ / / \ 4 .. . . -1-: x \ 1 , CO Aa ) ma! % , a \ $ \ 9 # .347 ® /\ �® \% s •. E al\ Ai / / . \� \ \ « / \ /) \ § , } /} a . V / q cj \ \� V \ \ � d \ \ DOUGHERTY & SCAVO PROPERTY TAX CONSULTANTS 220 E. MULBERRY ST. .. FT. COLLINS, COLORADO 80524 rr „ THOMAS N. DOUGHERTY PHONE: (303)493-4980 f(j i.-`_'• FAX: (303)482-0860 - �,lt...._ A. SCAVO 1-, July 18, 1990 Mr. Richard W. Keirnes Weld County Assessor 915 10th Street Greeley, CO 80631 Re: James E. Winter DBA Winter Enterprises 2439 10th Street, Greeley 0959-01-4-24-002 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 $151,300 . Thank you for your consideration. Sincerel Tom Do y`' DOUGHERTY & SCAVO TD:bh Encls . EXHIBIT 747/90 DOUGHERTY & SCAVO 90-026 _ .» S-, ICaNa• Piza aIt x a .. _ _ - - _.Jo _ - ' v ^� DOUGHERTY & SCAVO 90-026 PARCEL NUMBER: 0959-01-4-24-002 CITY: Greeley ADDRESS: 2439 10th Street USE: Commercial Land/Restaurant-Fast Food CONSTRUCTION TYPE: Frame NUMBER OF STORIES: 1 BUILDING SIZE: 1,800 SF LOT SIZE: 21,632 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 90-026 INCOME APPROACH TO MARKET VALUE Gross Income Potential: 1,800 SF @ $13.00/SF $23,400 Less: Vacancy & Credit Loss (108) (2,340) Less: Operating Expenses (25%) ( 5 ,850) Net Operating Income: $15,210 CAPITALIZATION RATE = 13% Income Value - $117,000 Adjacent back lot land 16,232 @$2 .00/SF 32,464 INCOME VALUE _ $149,464 Fast foods generating $13 .00/SF in the Greeley area - MaDonalds Parcel Number : 0959-01-4-24-002 Property Owner : WINTER Address : 2439 10TH STREET City, State, ZIP: GREELEY, CO 80631 Surveyed by : TD Date of Survey : 6/90 Occupancy: Fast Food Restaurant Floor Area: 1,800 square feet Number of stories: 1.0 Class : Frame Average story height: 10 . 0 feet Cost rank: Average Effective age: 15 years Cost as of: 6/88 Heating and Cooling: Package Unit 100% Other features: Units Cost Total Basic structure cost 1,800 56 .63 101,934 Extras: DRIVE UP WINDOW 32 18. 00 576 WALK IN COOLER 9,300 Subtotal 9 ,876 Replacement Cost New 111,810 Less Depreciation: Physical and Functional <26 . 0%> <29,070> Depreciated Cost 82,739 Miscellaneous: CONCRETE PAVING 1,077 1.50 1,615 ASPHALT 15,684 0.78 12 ,233 LAND 5,400 5 .00 27,000 LAND BACKLOT 16,232 2 .00 32,464 Subtotal 73,312 Total 156,051 Assessed Value 298 45,254 Cost data by MARSHALL and SWIFT DOUGHERTY & SCAVO 90-026 CONCLUSION INCOME APPROACH TO VALUE _ $149,464 MARKET APPROACH TO VALUE = N/A COST APPROACH TO VALUE _ $156,051 VALUE REQUESTED = $151,300 AUTHORIZATION I hereby authorize Dougherty-Scavo to investigate, if deemed appropriate, seek adjustments in assessed valuation and receive copies of notice of valuation for the following real \ 'properties; y ch.* TtrJor�� Owner Name: James E. Winter Address: P. O. Pox 789950 City, State: Wichita, KS Zip: 67278 Phone: 316-687-6385 Parcel Na. 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 97214-22-001 (Pers. ) 2170 W. Drake #82, Ft. Collins 95142-15-002 (Real/Pers. ) 832 W. Eisenhower, Loveland 95013-10-004 (Pers. ) 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/Pers. ) 450 Denver Ave. , Ft, Lupton 096117311013 (Real /Pers. ) 2525 Eighth Ave. , Greeley 0807173020}1 (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. a.-�3 PO Owner' s Signature Date Mailing Address of Notice of Assessed Valuation: Dougherty-Scavo 220 E. Mulberry Street Fort Collins, CO 80524 \ ' , : © }� . '/ . . ' \ \ / / i . :1 » I 4, , � / \ . \ ° i ' / y ? « 4. It ' U / . . . } � �� . : \ \ (\ k . } I . �. . . . \ \ \ I . f' ^ t . }� _ j \ i . \ { 2 / ° 1 > , i � } \ ' \ . . \ \ . Ili } / < \ l / II \ I. • , \ ! \ t L \ ' ) . \ \ _ ( w miliy, �i U � • i�. ry a OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303) 356-4000, Ext. 4200 �'�� P.O. Box 758 GREELEY, COLORADO 80632 lige COLORADO July 20 , 1990 Dougherty & Scavo Property Tax Consultants 220 E. Mulberry Street Ft. Collins , CO 80524 Dear Sirs : The Weld County Board of Equalization has scheduled your hearings for July 30 , 1990 , from 1 : 00 p.m, to 5 : 00 p.m. regarding your tax assessment for property described as per the attached list, said properties being located in Weld County, Colorado. The public hearing will be held in the Chambers of the Board, Weld County Centennial Center, First Floor, 915 10th Street, Greeley, Colorado, at the above specified time. Procedure :or Hearings before the Weld County Board o£ Equalizati.ri will be as follows : Assessor: 1) The Assessor shall present his case first. He shall present evidence concerning the manner in which .the property was assessed, both orally and in written form. (15 minutes) Taxpayer: 1) The taxpayer will present his case second. 2) Taxpayer may present all evidence , orally and/or in written form as exhibits. 3) Evidence presented will be limited to actual or assessed values of like properties or sales of like properties from January 1 , 1987 through June 30 , 1988 . Testimony concerning tax amounts and their usage by law are not applicable at this hearing. (15 minutes) Page 2 RE: BOE - DOUGHERTY & SCAVO Decision of County Board of Equalization: 1) By law, the valuation of property for taxation as determined by the Assessor is presumed to be right. The taxpayer is therefore required to present sufficient evidence to prove his case. 2) The decision of the County Board of Equalization shall be based only on the testimony produced and exhibits introduced at the hearing. 3) The decision of the County Board of Equalization shall include a statement of findings and conclusions upon all the material issues of fact and law presented and shall either affirm the Assessor' s assessment or shall amend it as stated. If you are unable to attend at the time scheduled above, please contact this office immediately. Our phone number is (303) 356-4000 , ext. 4225 . Sincerely, Donald D. Warden Weld County Clerk to the Board .21 h-r14-,2� o 2 42127-Ic¢-�) Deputy County Cl rk NAME PIN NO. PARCEL NO. WINTER, JAMES E . 6110986 147105214007 WINTER, JAMES E. 1426686 080717302002 WINTER, JAMES E . 1426786 080717302003 SOUKUP , BRIAN T. 0063287 080720413001 SOUKUP, BRIAN T. 0064387 080720413007 SOUKUP, BRIAN T. 0064187 080720413009 SOUKUP, BRIAN T. 0062287 080720414001 SOUKUP, BRIAN T. 0062487 080720414003 SOUKUP, BRIAN T. 0062587 080720414004 SOUKUP, BRIAN T. 0062687 080720414005 SOUKUP, BRIAN T. 0063187 080720414006 SOUKUP, BRIAN T. 0062887 080720414009 SOUKUP, BRIAN T. 0062787 080720414010 PIZZA HUT 0004369 095901424002 PIZZA HUT 0004367 147105214007 PIZZA HUT 0004368 096117311013 PIZZA HUT OF WINDSOR 0011423 080717302001 ` ---R o E, 7 • SENDER: Complete items 1 and when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check bodes)for additional service(s)requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (E.ttm charge) 3. Article Addressed to: 4.. Article Nd tber Dougherty & Scavo -- - P SSt .5 g a 7',/y S Property Tax Consultants Type of Service: 220 E. Mulberry Street ❑ RR gistere, ❑ Insured Ft. Collins, CO 80524 G tertifietl ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY if X requested and fee paid) 6. Sit re — Agent��aa ^ 1 X 7. Date of Delivery rill! 2 9 1990 PS Form $811, Apr. 1989 ♦U.S.G.P.0.1989-238-818 DOMESTIC RETURN RECEIPT r m ++ J rGd N N fo ri S+ O t — G 1i co 9 v, o c:3 La I ' W 'i > G 1 IL a_, G rd O 'T O E c i u U U la U ~ `W' a 3 m MMso am t m C..1"--. Dom-. 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