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Home My WebLink About910916.tiffRESOLUTION RE: THE BOARD OF EQUALIZATION, 1991, WELD COUNTY, COLORADO PETITION OF: GLADSTONE INVESTMENT CO 1910 26 AV CT GREELEY, CO 80631 DESCRIPTION OF PROPERTY: PIN: R 2338186 PARCEL: 095912425021 - GR CWS-05 UNIT C-5 COTTONWOOD PARK SOUTH COND PT NE4SE4 12 5 66%2316 17 ST% 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 John Todd, 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 property by the petitioner. As such, this Board finds that the petitioner partially met 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, adjusted as follows: 910916 Page 2 RE: BOE - GLADSTONE INVESTMENT CO ORIGINAL ADJUSTED Land Improvements OR Personal Property TOTAL ACTUAL VALUE $ 10,623 $ 10,623 50,930 48,158 $ 61,553 $ 58,781 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) 910916 Page 3 RE: BOE - GLADSTONE INVESTMENT CO 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. 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 $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. 910916 Page 4 RE: BOE - GLADSTONE INVESTMENT CO The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 1991. ATTEST:LiSaltehl Weld County Clerk to the Board By: Depu y lerk to the B APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS WELD COUNT 0 D (NAY) Gord ac d;" CJ$irman EXCUSED Geor Kennedy, Pro-Tem Constance L. Harbeft (AYE) (AYE) Assistant County Attorney C. W. tick 102,1 W. H. Webster (AYE) 910916 BOE DECISION SHEET PIN li: R 2338186 PARCEL U: 095912425021 GLADSTONE INVESTMENT CO 1910 26 AV CT GREELEY, CO 80631 HEARING DATE: July 19, 1991 HEARING ATTENDED? AGENT NAME: DECISION: DECREASE IN VALUATION INCREASE IN VALUATION NO CHANGE IN VALUATION ASSESSMENT RATIO TIME: NAME: ACTUAL VALUATION ORIGINAL ADJUSTED Land $ 10623 Improvements OR Personal Property 50930 Total Actual Value COMMENTS: MOTION BY TO SECONDED BY M_-- $ 61553 Failed to meet burden of proof Comparables inadequate Assessor's data unchallenged Other: '31.3SC CO ( / Lacy (Y Kennedy /N) Harbert O/N) Kirby MN) Webster tN) RESOLUTION NO. 910916 NOTICE OF DENIAL UP PlCh, OF WU:11 AS8iSSUK 915 10th STREET GREELEY, COLORADO 80631 PHONE (303) 3564000, EXT. 4256 WUD€: COLORADO GR CWS-05 UNIT C -S COTTONWOOD PARK SOUTH COND H PT:l4E45E4 12 5 66542316 17 ST% 2316 W 17 ST C-5 1070 OWNER GLADSTONE INVESTMENT. CO GLADSTONE INVESTMENT CO PARCEL 095912425021 PIN R 23343186 1910 26 AV CT GREELEY CO 80631 QS/13/1991 YEAR 1991 LOG 01187 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: 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. PROPERTY CLASSIFICATION PETITIONER'S ESTIMATE OF VALUE ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW LAND IMPS 101623 501930 101623 50,930 TOTALS $ $ 61,553 $ 61,553 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 15 -OPT -AD Form PR -207-87/91 WELD COUNTY ASSESSOR 06/07/91 DATE ADDITIONAL INFORMATION ON REVERSE SIDE 9109162 YOU HAVE THE 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),;.x.:7. 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 JULY 15, WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (303) 356 4000, Ext. 42.25 NOTIFICATION OF HitARING: You will be notified of t?e time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION'S OElEfithINATION: 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, you must file within thirty days of the County Board of Equalization's decision to 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 Telephone (303) 356 4000, Ext. 4520 Arbitration: , . WELD COUNTY BOARD OR 'EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 telephone (303) :356-4000; Ext. 4225 ..J s. It 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 In the space below, please explain why you disagree with the Assessor's valuation. Attach additional documents as necessary. ` - t• _;iONAT RE C3' PEy1'`Tv.;NE 910916 •-/-91. DATE size3 WII'Dc COLORADO July 8, 1991 GLADSTONE INVESTMENT CO 1910 26 AV CT GREELEY, CO 80631 Dear Petitioner(s): CLERK TO THE BOARD P.O. BOX 758 GREELEY, COLORADO 80632 (303) 3584000 EXT. 4225 Parcel No.: 095912425021 PIN No.: R 2338186 The Weld County Board of Equalization has set a date of Friday, July 19, 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. 910916 CLADSTONE INVESTMENT CO - R 2338186 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 Clerk too/ye Board BY: /,(_ A .412 Carol A. Hard ng, Deputy cc: Warren Lasell, Assessor n 7 : 1F?; —i! r. Hello