HomeMy WebLinkAbout991915.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1999, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
FEUERSTEIN CLYDE W
4250 W 16 ST#13
GREELEY, CO 80634
DESCRIPTION OF PROPERTY: ACCOUNT#: R1150296 PARCEL#: 080529000052 - PT
E2SE4 29-6-66 LOT B REC EXEMPT RE-1816 (.84R) SITUS: 13771 64 CR WELD 0
WHEREAS, the Board of County Commissioners of Weld County, Colorado, convened as
the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the
assessment and va uation of real and personal property within Weld County, fixed and made by
the County Assessor for the year 1999, 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 1999, 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 represented by Joanne Herlihy, 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 Weld County Board of Equalization, that the evidence presented at the
hearing clearly supported the value placed upon the Petitioner's property, after review 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. The assessment and valuation of the Weld County Assessor shall be, and
hereby is, affirmed as follows:
ACTUAL VALUE
AS DETERMINED
BY ASSESSOR
Land $ 14,911
Improvements OR
Personal Property 1,872
TOTAL ACTUAL VALUE $ 16,783
q _I II 991915
d Lo ; 4 si ��`♦-- A e vJ' AS0043
RE: BOE - FEUERSTEIN CLYDE W
Page 2
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; however, said appeal
must be filed within 30 days of the denial:
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.
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.
991915
AS0043
RE: BOE - FEUERSTEIN CLYDE W
Page 3
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 3rd day of August, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
ELD COUN L ADO
AT � 1, dedien Dale K. Ha , Chair
Id ' .0 jel • e Board
,um r i EXCUSED
,, _. _
6 ,_ Barbara J. Kirkmeyer, Pro-Tem
:;
e Board - rC19 ai
�j'jv eorgeet. B er
APPROV bS"TO FORM:
• M. J. Geile
WO
orney . � )
Glenn Vaad �—
991915
AS0043
JUL 15 '99 11:52 FROM WELD CO TREASURER TO 3520242 PAGE-008/009
NOTICE OF DENIAL
•
PT E2SE4 29-6-66 LOT B REC EXEMPT
RE-1.816 (.84R) SITUS: 13771 64 CR
WELD 0
OWN1LR: PEUERSTEIN CLYDE N
DOFFORD & BROWN PC LOG 1710/1710
1700 BROADWAY PARCEL 080529000052
SUITE 1700 ACCOUNT R1150296
DENVER, CO 80290-1701 - YEAR 1999
Owner: PEUERSTEIN CLYDE W
07/15/1999
RESIDENTIAL PROPERTY IS VALU1)a BY CONSIDERING THE MARKET APPROACH.
AGRICULTURALLAND VALUE IS DETERMINED SOLBY BY THE EARNING OR
PRODUCTIVE CAPACITY OF THE IA8817, CAPITALIZED AT A RATE SET BY LAW.
AG LAND VALUE is BASED ON PRODUCTION CAPABILITIES OF SOIL TYPES AS INDICATED BY
SOIL CONSERVATION SERVICE AND IS NOT RELATED TO MARKET VALVE. INCREASE OR
DECREASE IS REFLECTIVE OF INCREASE OR DECREASE IN COUNTY AVERAGE PRODUCTION OVER
10 YEAR PERIOD OF TIME.
LAND 14911 14911
IMPS 1872 1872
16783 16783
07/15/1999
1700 Broadway, Suite 1700
DUFFORD&BR 1 Denver, Colorado 80290-1701
Telephone: (303) 861-8013
Facsimile: (303) 832-3804
ATTORNEYS AT LAW -
JOANNE HERLIHY (303)837-6370
HERLIHJ@DUFFORDRROWN.COM
July 14, 1999
Weld County Board of Equalization
915 10th Street
P.O. Box 758
Greeley, CO 80632
Re: Parcel ID Numbers: 080529000053 R `
08 529_QM45 .= , a
Owner: c Clyde W. Feuerstein ,
Dear Sir or Madam:
This is an appeal of the Notice of Determination denying an adjustment to the Current
Year Value determined for the above referenced property. The undersigned has been authorized
by the owner of the subject property to act as his agent to protest the value of this property.
The Agent Assignment is attached hereto as Exhibit A. Please mail all correspondence
regarding this protest to the above named agent at the address shown.
Parcel No. 080529000053 and the immediately adjacent Parcel No. 080529000052 are
agricultural land. In fact these two parcels are one farm in common ownership. The only
difference between these two parcels of land is the soil classification. Parcel 053 is classified as
a Class I soil classification and its valuation has increased 24%while the 052 parcel, with a Class
III soil classification, has increased only 22%. The difference in the soil classification appears to
be for the sole reason that a railroad line bisects these parcels. On one side of the railroad tracks
the soil for parcel 052 on one side of the railroad tracks is a Class III soil classification while
across the tracks the 053 parcel has a Class I soil classification. Since these parcels are the same
piece of land, both parcels should have an identical soil classification, that being Class III soil
classification.
Based on adjusting the soil classification for parcel 053 to a Class III soil classification
the value of the subject properties as of June 30, 1998, should be $ 28,322.3.
PSJ44 1,7/14/99
Weld County Board of Equalization
July 14, 1999
Page 2
Verification: I, the undersigned owner/agent of this property, state that the information
and facts contained herein and on any attachment constitute true and complete statements
concerning the described property.
Sincerely,
1JUFFORD & BROWN, P.C.
l�1Lti�
anne Herlihy
,15444-1,7/14/99
05/26/1999 13:57 9703531495 COMMUNITY FIRST GRLY PAGE 02/02
AGENT ASSIGNMENT
i authorize Dufford&Brown,P.C., 1700 Broadway.Suite 1700,Denver,Colorado
80290.1701.telephone(303)861-8013.to act as my agent on my behalf to protest the value of
my property determined by the Assessor's Office.
Dated this .0 4, day of May, 1999.
w. c -Aat9-�e.�,
Fromstein
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