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HomeMy WebLinkAbout971361.tiffRESOLUTION RE: THE BOARD OF EQUALIZATION, 1997, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: GUYETTE DEAN J & SHERILL A 1103 73 AVE GREELEY, CO 80634 DESCRIPTION OF PROPERTY: PIN: R1979386 PARCEL: 095908007008 - 3-KN 4-1 L1 BLK4 KNAUS SUB 3RD FILING %1103 73 AVE% 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 valuation of real and personal property within Weld County, fixed and made by the County Assessor for the year 1997, 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 1997, 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 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 Improvements OR Personal Property TOTAL ACTUAL VALUE $ 31,250 96 970 $ 128,220 971361 AS0038 RE: BOE - GUYETTE DEAN J & SHERILL A 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: 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. 971361 AS0038 RE: BOE - GUYETTE DEAN J & SHERILL A 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 17th day of July, A.D., 1997. ATTEST: WeldCouhiv Clerktb the? APPROVED AS TO FORM: r BOARD OF COUNTY COMMISSIONERS WELD � UNTY, COJARADO tb Baxter, Chair Constance L. Harbert, Pro-Tem EXCUSED Dale K. Hall EXCUSED Barbara J. Kirkmeyer ei(Lat W. Ab2c1 971361 AS0038 47q17_6)/ 787,E /seat° '7 GUYETTE DEAN J & SHERILL A 1103 73 AVE GREELEY, CO 80634 HEARING DATE BOE SUMMARY SHEET PIN #: R1979386 PARCEL #: 095908007008 TIME: 3:30 p.m. ING ATTENDED? ) NAME ✓L AGENT NAME: APPRAISER NAME DECISION: Land Improvements OR Personal Property G eye .4--/-e ACTUAL VALUATION ORIGINAL SET BY BOARD $ 31,250 96,970 Total Actual Value $128,220 COMMENTS: MOTION BY ad TO 14`/�41`7e SECONDED BY s / Failed to prove appropriate value No comparables given Increase/Decrease in Valuation Assessment Ratio Other: RESOLUTION NO._ Hall --ht) Kirkmeyer -- (-Y/N) Webster -- /1' ) Harbert SI ) Baxter I (Y7 1 971361 July 11, 1997 GUYETTE DEAN J & SHERILL A 1103 73 AVE GREELEY, CO 80634 CLERK TO THE BOARD PHONE (970) 356-4000 EXT.4218 FAX: (970) 352-0242 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No.: 095908007008 PIN No.: R1979386 Dear Petitioner(s): The Weld County Board of Equalization has set a date of Thursday, July 17, 1997, at or about the hour of 3:30 p.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. A number of hearings have been scheduled at this time; peitioners will be asked to sign in with the Clerk upon arrival, and cases will be heard on a first come / first heard basis. You have a right to attend this hearing and present evidence to the Board in support of your petition. The Weld County Assessor or his representative will be present. The Board will make its decision on the basis of the record made at said 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 5, 1997, and mailed to you on or before August 10, 1997. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes, of which you will be allowed 10 minutes for your presentation. 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. GUYETTE DEAN J & SHERILL A - R1979386 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 Donald D. Warden, Clerk to the Board BY: "'t'4 —DJ!' /j C tic tlit- arol A. Harding Deputy Clerk to the Board cc: Warren Lasell, Assessor feet WI`'D�. COLORADO NOTICE OF DENIAL 3-KN 4-1 LI BLK4 KNAUS SUB 3RD FILING'-, l n.^!''Ty. $1103 73 AVE% ": OWNER: GUYETTE DEAN J & SHERILL A GUYETTE DEAN J & SHERILL A 1103 73 AVE GREELEY, CO 80634 06/30/1997 CL[7-1 TO T1-71 LOG 1005 PARCEL 095908007008 ACCOUNT R1979386 YEAR 1997 OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. GREELEY, CO 80631 PHONE (970) 353-3845, EXT. 3650 The appraisal 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 MARKET APPROACH. 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 determined the valuation(s) assigned to your property. The reasons for this defemination of value are: PROPERTY CLASSIFICATION PETITIONER'S ESTIMATE OF VALUE ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW LAND IMPS 31250 96970 31250 96970 TOTALS $ $ $ 1LeLZu 118220 f 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: 15-DPT-AR Form PR -207-87/94 WARREN L. LASELL WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE 19-5 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 5 for real property (land and buildings) and personal property (furnishings, machinery, and equipment) 39-8-104 and 39-8- 107(2), C.R.S. APPEAL PROCEDURES: If you choose to appeal the Assessor's decision you must appeal to the County Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15 FOR REAL PROPERTY, AND JULY 21 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970)356-4000 Ext. 4225 NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EOUALIZATION'S DETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determin?tinn -within five business days. The County Board must conclude their hearings by August 5. 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 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 Telephone (970) 356-4000, Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 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 11. 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. IN ACCORDANCE WITH 39- 8-106(1.5), C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. uie-- fog Qv/45w 0 u/2 /-(-0 O5c- c4 -5r i 1//c, aw. POP r 77-/r/1/2( 771/4r ati,e to vszr cuo f Zn/ v4ti/e- 7O /ac iOo Z c'-' tn,c ,coup ydu hc6-2qsc ,coc-d,05ron O cJ ' IM G rL a,.1 ou G b 1ii113HS - S Wtfa n rn 1 in m n mg r mm m m. r M v H O ( n N N r- rg H Z V/ • m N ° I ; s 5 /Ili " v RsoNocrEm sect .¶} W o N o g p t co A O x O > • OD *ogo1N 1. Z 80§01X an x nm 0 x o1ON' x c n al 01 1 I • Mr -J i J A] ..• J N R T OONNON Om 00 PP rm Om AgaVSi.R6b :c o Q\. 5�0 a 0 0 4,1 ac. N •d 01/) N 421 ON 0 w w rig aL S au N $ SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That BANK OF AMERICA, NT i SA, SUCCESSOR BY MERGER TO SECURITY PACIFIC NATIONAL BANK, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR AMERICAN ROUSING TRUST XI ("Grantor"), for and in consideration of the sum of ONE HUNDRED TEN THOUSAND DOLLARS AND NO CENTS (8110,000.00), and other good and valuable consideration in hand paid to Grantor by DEAN J. GUYETTE AND SHERILL A. GUYETTE ("Grantee"), having an address at 630 36th Avenue Court, Greeley, Colorado 80634, receipt of which is hereby acknowledged and confessed; has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Grantee all of the following described real property, situate, lying and being in the County of Weld, State of Colorado, to wit: Lot 1, Block 4, Knaus Subdivision 3rd Filing which has the address of: 1103 73rd Avenue, Greeley,' Colorado 80634. This conveyance is made and accepted subject to the following matters: Any and all covenants, conditions, easements, reservations, rights -of - way and restrictions, affecting the property as evidenced by instruments filed in the Public Records of the County of Weld, Colorado; Taxes and assessments on the property becoming due and payable after the date of this Deed, the payment of which is assumed by Grantee; TO HAVE AND TO HOLD the attached described property, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto the said Grantee, Grantee's successors and assigns forever. Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the property described herein, unto the said Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Ey accepting this Special Warranty Deed, hes "adequate opportunity to inspect the weal as all improvements located thereon. forth in this Special Warranty Deed, this warranty or representation, either express or dead "WHERE IS" basis. day Grantee acknowledges that he property conveyed hereinn-a Except as specific;ally set`+ conveyance is made:-witoutt implied end is on an ."AS IS"" IN WITNESS WHEREOF, The Grantor has hereunto set and year first above written. r' p�1.1 BANK OF AMERICAS & BA,.SUCCESSOR BY MERGER TO SECURITY' PACIFIC NATIONAL BANK, NOT IN IfT8.INDIVIDUAL CAPACITY BUT SOLELY ASnOSTEE FOR AMERICAN HOUSI G TRUST XI STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. ) GRANTOR: By: Titl ,a.ind seal the Michael Green Vice President The foregoing in trument was acknowledged before me this , 19 2j_, by Michael Groan 0TAin. IVY LAM as srm�,�TO cp �it"t►'Y of HANK OF AMERICA, NT S SA, SUCCESSOR BY MERGER TO SECUR TY PACIFIC NATIONAL BANK, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR AMERICAN HOUSING TRUST XI. -71 IVY LAM ASSISTANT SECRETARY day of My commission expires: (444.4.44t.A., Onl' dr Witness my hand and official seal. [SEAL] Y Victor F. Dirnalanta� C0MM #1047441 O Notary Public NOTARY • ! � r -0o c • CAUFONNIA ORANGE COUNTY O 1 t Th.r Comm F9,, c Jan. 2, 109 .1 Victor F. Dirnalanta C 0 0 3 PD O. o w 3 w w O w O_ O CO n 0 3 R Comp #3P1 c 3 p 1 J n C. 4N13 IN r5."5 ., r4 -I n 0 3 -� 6' 6- In C g 6 a r fA 4-A N Nz--- '� {p ` (ACE �cr Sales Date Sales Price Adj Sales Price -(Nt g Land Size Land Value 4g L. t To 0 4- -6 J 4- cD E L Style Year Built Quality CP e-- � N i — Fft cfl s O in _ ^o 3 OP uo 6� J 6 0o Bsmt Size Bsmt Fin (?7 l' �? ` N ty 72 0 w a nw va � (9 1 ( , Pax ' D -F-1- i rfi di E. �'. 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