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Home My WebLink About920703.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1992, WELD COUNTY, COLORADO PETITION OF: PROPP DARYLL D & CAROL A 12420 W 18 DR LAKEWOOD, CO 80215 DESCRIPTION OF PROPERTY: PIN: R 5707786 PARCEL: 146709100004 - 24798C PT NE4 9 1 68 BEG AT PT 2637.5' M/L W & SOOD50'W 1094.9' FROM NE COR SOD50'W 1582.1' M/L TO SW COR E118' N7D54'E 136.25' N59D28'E 300' N55D23'E 217' N45D23'E 471.4' N39D51'E 62.7' N6D06'W 100.4' N41D W 516.1' N39D05'W 273' 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 1992, 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 1992, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner not 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. 920703 Page 2 RE: BOE - PROPP DARYLL D & CAROL A 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: 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) 920703 Page 3 RE: BOE - PROPP DARYLL D & CAROL A 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 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. 920703 Page 4 RE: BOE - PROPP DARYLL D & CAROL A The above and foregoing Resolution was, on motion duly made and seconded, adopted b the following vote on the 30th day of July, A.D. , 1992. ATTEST: �� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED - DATE OF SIGNING (AYE) Geo e Kennedy, Chairman By: !/Irr.9J �i Deputy Clerk to the Board Constance L. Harbert,Art, Pro-Tem APPROVED AS TO RM: - C. / 9 Ass stant County Attorney Gor o . W. H. ebste 920703 BOE DECISION SHEET PIN II: R 5707786 PARCEL II: 146709100004 PROPP DARYLL D & CAROL A 12420 W 18 DR LAKEWOOD, CO 80215 HEARING DATE: July 30, 1992 TIME: 8:00 A.M. HEARING ATTENDED? (Y/p NAME: AGENT NAME: C APPRAISER NAME: e r n _u_4 4 _ DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION 1� ASSESSMENT RATIO ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 46200 $ v Improvements OR Personal Property Total Actual Value $ 46200 $ COMMENTS: C r MOTION BY Agge TO SECONDED BY ZA Kirby -- N) Lacy -- 00N) Failed to meet burden of proof Webster -- O 7 N) Comparables inadequate Harbert -- #, N) Other: Kennedy -- e'9 N) RESOLUTION NO. 92070) 920703 915 10th STREET I GREELEY,COLORADO 80631 NOT ICE OF ADJUSTMENT PHONE(303)356-4000, EXT.4256 link 24798C PT NE4 9 1 68 BEG AT PT 2637.5' M/L W C SOOD50'W 1094. 9' FROM NE COR SOD50'1.1 1582.1' r y 1,, 1,„., rC,Cl COLORADO TO SW COR -'E118" .111741541',E 136.25• N59028'L 30 I- .r / N55D231E 217' N45D23'E 471 .4' N39D511E o2.7 ' - `+' N6DO69W 1008141!Cifiiti►10 hl 516.1' N39D05'W 273'1' JUN 1 { 5 1992 OWNER PROPP DARYLL D G CAROL A GREELEY,Cvi0. PROPP ►OARYLL a 6 CAROL A PARCEL 146709100004 pl.N R 5707786 1242O W 18 DR YEAR 1992 LAKE WOOD CO 80215 LOG 03154 05/14/1992 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): ALL OTHER PROPERTY, INCLUDING VACANT LAND, I5 VALUED BY CONSIDERING THE COST, MARKET, Ni)A 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 fora 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 VALUE INDICATED ON THIS NOTICE MAY NOT CORRELATE WITH THE VALUE ON YOUR NOTICE OF VALUATION* THIS IS BECAUSE THE PROPERTY WAS STILL IN THE ASSESSMENT PROCESS AFTER THE APRIL 24, 1992 DEADLINE. THE NOTICE OF ADJUSTMENT YOU ARE RECEIVING REFLECTS THE CURRENT VALUE ON YOUR PROPERTY. AN ADJUSTMENT WAS GIVEN BASED UN REAR LOCATION OF PROPERTY. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE OF VALUE PRIOR TO REVIEW AFTER REVIEW 226 46,200 LAND IMPS - - TOTALS $ $ 226 $ 46 ,20C 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. *, ►WARREN L. LASELL 25/27/9` 920703 WELD COUNTY ASSESSOR <'..C4-• (« 145 DATE 19 15-DPT-AD INFORMATION ON REVERSE SIDE L Form PR-2R-207-97/9? ADDITIONAL . -- - YOU HAVE ") ..E RIGHT TO APPEAL THE ASSESSOR'S DECISION The County Board of Equalization 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), CAS. • APPEAL PROCEDURES: • . • If you choose to appeal the Assessor's decision, mail or deliver ane 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 JULY 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 place set tor the hearing of your appeal. COUNTY BOARD OF EQUALIZATIONS DETElf MI'NATION: 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:• : , , • If you are not satisfied with the County Board of Equalization's decision,'Yeti must file within thirty days of the County Board of Equalization's written decision with 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 Avenue and 9th Street, P.O. Box C Greeley, Colorado 80632 TeiephoRe (303.),3.56-4000, Ext. 4.520 • - J I . • .r • • ' `Arbitration: ..'t i _ ._ _ • • . , . —WELD COUNT'( BOARD OF -EQUALIZATION ' • - • '. g 15 10th'Street, P.O. Bo'x 758 , Greeley, Colorado 80632 • TelephO ne (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 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 ,n the space below,please explain why you disagree with the Assessor's valuation.Attach additional documents as necessary, 'mac` *07 sicN • . February 28, 1992 Ms . Phyllis Newby Office of Weld County 915 10th Street Greeley, Colorado 80631 SUBJECT: 1467 09 1 00 004 PT NE4 9 1 68 Dear Ms . Newby: This is intended to confirm our conversation of today relating to the above mentioned property. I have owned this property for over 25 years and it has always been agricultural. The entire time I have owned the property I have leased it out to the adjacent neighbors. They have used it for planting wheat; grazing cattle and as horse pasture, which is its current use. The current lease is with Mr. Jerry Popelka. I have enclosed documentation substantiating this information. • Finally, I have never used this property for personal use and I have not built on it as it was not purchased with plans for future development. If you need any further information concerning this matter, please let me know. Sincerely, Daryll Propp DP:ksh Enclosure 9207e3 March 5, 1992 Ms. Phyllis Newby Office of Weld County 915 10th Street Greeley, CO 80631 SUBJECT: 1467 09 00 004 PT NE4 S 1 68 Dear Ms . Newby: This letter is intended to confirm my telephone conversation of today with Mr. Warren Lasell. Apparently there is still some misunderstanding concerning the use of my agricultural land. Over the past 25 years, this land has been used for growing crops and grazing cattle and horses . The last few years I have let Mr. Popelka use it for his horses. If this use creates a problem in its designation as agricultural use, then it will cease. I will revert back to leasing it only to the local farmers for planting and their cattle. If you need any further information regarding this property, please advise. Sincerely, Daryll Propp DP:ksh 920703 PROPP REALTY, INC. 12567 W.Cedar Drive Suite 200 Lakewood,Colorado 80228 (303)989-3400 July 28, 1992 Mr. Donald D. Warden Clerk To The Board P.O. Box 758 EXPRESS MAIL Greeley, Colorado 80632 SUBJECT: Parcel No. : 146709100004 PIN No. : R 5707786 Dear Mr. Warden: I am scheduled with the Board of Equalization for Thursday, July 30, 1992. Due to short notice, I was unable to arrange my schedule to attend this hearing. According to your letter, this could not be re-scheduled. I have enclosed some information for this and documentation for your review related to this matter. I purchased this property over thirty years ago because my family had some ranches in the area. For all of these years, we have either personally or leased the property for grazing of horses and cattle or share cropping to the adjacent farmer. I have enclosed copies of these leases pertaining to this throughout the years. The two parcels join each other and make-up a 32-acre parcel. It has been fenced off and has never had a building on it nor has it been used for any other purpose. The increase in value placed on this property by the assessor is absolutely unfounded and unwarranted. I have made several attempts to find similar properties within a six mile radius but have been unsuccessful. According to the local real estate companies, there have not been any recent sales or listings in the area for this type of property. 920703 Mr. Donald D. Warden Page Two July 28, 1992 I receive $600.00 per year on the lease. I pay out $360. 00 per year for the water rights with taxes on top of this. It is unfair for them to raise my taxes several thousand percent without a basis to substantiate its change of use for the last 300 years. Your consideration concerning this matter will be greatly appreciated. Sincerely, Daryll Propp DP:ksh Enclosures 73 CONTRACT FOR LEASE This contract is to be entered into this date , June 1 , 1981, between Daryll Propp, lessor , hereafter called lessor and Jerry Popelka and Anice Popelka, lessee , hereafter called lessee. Lessor agrees to rent property as described ( see attached description ) . This property totals approximately thirty-two ( 32 ) acres , plus existing water . The amount of rent to be Fifty Dollars ( $50 . 00) per month . -a-Gtte Hmrd'Fed to-be } .idthis--date-or_as- o-t•herwi-se a-greed--upe-e. This contract to run for one year concluding on May 31, 1982 . The subsequently monthly installments are due on the first of each month . Lessee agrees to : 1. Pay any charges concerning the existing water tap in excess of the monthly current $12 . 00 minimum charge . The current minimum charge allows for 4 , 000 gallons of water per month ; therefore , if an excess of this amount of water is used , the lessee agrees to reimburse the lessor as he is billed for said charge. Lessee will have the right to use lessor ' s one share ditch right . 2 . Maintain the existing fence and gates , repairing and maintaining as needed during the term of the lease. 3 . If payment is five days late , a $15 . 00 late fee will be added. 4 . In the event this contract requires litigation to be commenced for collection purposes , it is agreed that lessor is entitled to attorney ' s fees determined to be reasonable by the court . The attorney ' s fees will not exceed 25% of the amount due on the note . 5 . Contro and eliminate prairie dogs . 6 . ea:,2;2_ /oO • 6-)- 8 ( � ; �',rs+ 4 Ic, sf „no4hs fev ± 9. Ju7, V C / /. c-lam_. ryll opp , �� / /7 <'rr'V / pellca Witness Anice Popelka . L'e ^b (7,f/r a x y e.i Witne�s� CONTRACT FOR LEASE This contract is to be entered into this date, Jame 17 , 1980, between Deryll Propp, lessor, hereafter called lessor and Keith Birely and Lorri Birely, lessee, hereafter called lessee. Lessor agrees to rent property as described (see attached description) . This property totals approximately thirty. two (32) acres, plus existing water. The 'mount of rent to be One Hundred Dollars ($100.00) per month. The first and last months' rent to be paid this date and run for one year concluding on July 14, 1980. The subsequently uuuthly installments are due on the 15th of each moth. Lessee agrees to: 1. Pay any charges concerning the existing water tap in excess of the monthly current $12.00 minimum charge. The current minimum charge allows for 4,000 gallons of water per month; therefore, if an excess of this amount of water is used, the lessee agrees to reimburse the lessor as he is billed for said charge. 2. Maintain the existing fence and gates, repairing and maintaining as needed during the term of this lease. 3. If payment is five days late, a $15.00 late fee will be added. 49-- . bpp Keith Birely a i 7 (-'7172 'C NLc �l 1 \ I I� — Witness i Birely Cftk C Witness 920703 ATTACHED TO AND FORMING A PART OF C0MM!TMEN J. , 000 -- --- C SHEET 4 OF 4 LT•G '1L DESCRIPTION j PARCEL I • • The F of the E ef:. the NE of the ;' of Section 9 ,' Povnshifl o i Range 68 West of the', 6th P.M. , WEED COUNTY , COLORADO, more r ` r described as followsi . Beginning at the north quarter corner of said Section 9 ; thence southerly along the east lino of the NW of said Section 0 , a distance of 1338 feet , more or lens , to the south line of ' he \' of the N1V of said Section 9 . thence westerly along the south 1 the NE1, of the TN't, i3cci:ion 9 , a ciit_.ncr. ci 220 .79 1 u''' , sent : thence northerly and parallel to the east line of the said Ati of taiu Section 9 , a distance of 1339 .36 feet , more or less , to the north i nn of said NW4 of said Section 9 ; „1 thence easterly along sail'. north lire of said NW of said 5 a distance of 320 . =,5 feet to the nOTN'T OF F-FGINNING . CE II : 11 that Dart of the 'Y? of the. * T of :iection 9 , Townshi . Rang e 68 West of the 6th P . M 'yT COUNTY , COLORADO, desc ii:- fol1ows : Peginning at the north,,est corner of sail NrY1 of said Sec ,- , or a point from t^hich the nnrthca, t corner of said Section 9 r . 2627 . 5 feet , more or less= ; thence South 00°50' West 1094 .9 4H-et along the West line of to the TRUE POINT OF BEGINNING ; thence South 00°50 ' West 1582 . 1 foot more or less , along the line of said NI': to the southwest corner of said NE4 of ' ' - ' thence Fast 118 feet along the south line of said NE4 to an . ditch ; thence along the, apnro-rimate center of said ditch by tho >o (- urses . :,art.'• ° ._ , r 1 'C, ,.- f'.,,,r North 59°28' Last 301 feet ; North 55°23 ' East 217 feet ; North 45°23 ' Fast 471 .4 feet ; North 39°51' Fast 62 . 7 feet ; North 6°06' 'Vogt 100 . 0 feet : North 41 °00 ' West !',16 . 1 feet ; j North 39°05 ' Went 273 feet to the heac'gate of a lato,.e1 ' r r Thence North 77°' 5' West along raid lateral ditch 417 . 2 feet "''c less , to the 'J' T' POINT OF PFGTNNINC . 9Z0703 • t‘titt j CLERK TO THE BOARD P.O. BOX 758 GREELEY,COLORADO 80632 C. (303)356-4000 EXT.4225 COLORADO July 21, 1992 Parcel No. : 146709100004 PIN No. : R 5707786 PROPP DARYLL D & CAROL A 12420 W 18 DR LAKEWOOD, CO 80215 Dear Petitioner(s) : The Weld County Board of Equalization has set a date of Monday, July 30, 1992, at or about the hour of 8:00 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 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, 1992, and mailed to you on or before August 16, 1992. 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. 920703 PROPP DARYLL D & CAROL A - R 5707786 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, B ARD OF E UALI TION Donald D. Warden, Clerk to the Board BY: d-4. 4tE c�i Carol A. Harding, Deputy cc: Warren Lasell, Assessor 920703 CLERK TO THE BOARD • P.O. BOX 758 1mii C. GREELEY,COLORADO 80632 (303)356-4000 EXT.4225 COLORADO July 23, 1992 Parcel No. : 146709100004 PIN No. : R 5707786 PROPP DARYLL D & CAROL A 12420 W 18 DR LAKEWOOD, CO 80215 Dear Petitioner(s) : The Board of Equalization notification of hearing mailed to you earlier this week incorrectly listed your hearing as Monday, July 30, 1992. This is to notify you that the hearing is scheduled for Thursday, July 30, 1992 at the time stated on your first notice. We regret any inconvenience this may have caused you. Very truly yours, BOARD OF EQUALIZATION Donald D. Warden, Clerk to the Board BY: Carol A. Harding, Deputy cc: Warren Lasell, Assessor 9207e3 to m 4. S $ W W "'" � rt m m ro m m O N d' C71 rl H di cr)N ri lD ri O Lfl N N M N CO La Cco 4.7 41 Ci Cr) CO N < UCr. 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