HomeMy WebLinkAbout951550.tiffRESOLUTION
RE: THE BOARD OF EQUALIZATION, 1995, WELD COUNTY, COLORADO
PETITION OF:
JOURDAN RUTH B
1939 36 AV HOMESTEAD RD
GREELEY, CO 80634
DESCRIPTION OF PROPERTY: PIN: R 2109486 PARCEL: 095911410006 - GR RV5-2 L2
BLK5 RANGE VIEW ESTATES & N5' L1 BLK5%1937 36 AV%
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 1995, 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 1995, 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 Barry, Attorney, 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.
The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as
follows:
951550
AS0032
RS , Sc r H �c(92nj C'UnQ!Q
RE: BOE - JOURDAN RUTH B
Page 2
ORIGINAL
Land $ 50,000
Improvements OR
Personal Property 265.888
TOTAL ACTUAL VALUE $ 315,888
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 39-8-1080), 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)
951550
AS0032
RE: BOE - JOURDAN RUTH B
Page 3
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of August, A.D., 1995.
ATTEST:
e Board
Weld County Clerk to
BY.
of
•
eputy Clerk to the Bct d
APPROVED A@,,OOFORM:
olity Atti ney
BOARD OF COUNTY COMMISSIONERS
NTY,COLO DO
Dale_ K. Hall, Chairman
1/41
iht
Pro-Ter
arbara J. Kirkmeyet
George'E. Baxter
onstance L. Harbert
//
i
W. H. Webster
951550
AS0032
2.)
X9/9-376,
BOE DECISION SHEET
PIN #: R 2109486 PARCEL #: 095911410006
JOURDAN RUTH B
1939 36 AV HOMESTEAD RD
GREELEY, CO 80634
HEARING DATE: August 1, 1995 TIME: 10:15 A.M.
HEARING ATTENDED? ON) NAME' -1r: 73a� i, 4/1€19 -"cat
AGENT NAME: JOHN J BARRY
APPRAISER NAME
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION
ASSESSMENT RATIO
Land
ACTUAL VALUATION
ORIGINAL SET BY BOARD
$ snnnn $ 37,-) rFv
Improvements OR
Personal Property 265,888
Total Actual Value $ 315,888
COMMENTS: p
MOTION BY A4� TO
2 �'l
SECONDED BY Baxter --
Hall -- )
Failed to prove appropriate value Harbert -- )
No comparables given Kirkmeyer -. ??N)
' Other: Webster -l/N)
RESOLUTION NO._
‘ett:4e
Wilk
COLORADO
July 14, 1995
JOURDAN RUTH B
1939 36 AV HOMESTEAD RD
GREELEY, CO 80634
Dear Petitioner(s):
CLERK TO THE BOARD
PHONE (303) 356-4000 EXT.4218
FAX: (303) 352-0242
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
Parcel No.: 095911410006 PIN No: R 2109486
The Weld County Board of Equalization has set a date of Tuesday, August 1, 1995, at or about
the hour of 10:15 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, 1995, and
mailed to you on or before August 16, 1995.
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.
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.
JOURDAN RUTH B - R 2109486
Page 2
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: f,2zev.„ a --le
Kimlberlee A. Schuett, Deputy
cc: Warren Lasell, Assessor
JOHN J BARRY
al e.
COLORADO
JOHN J BARRY
1400 NORTH I7th AYE,
NOTICE OF DENIAL cREE[Evcotoruooao63l
PHONE (970) 353-3845, EXT. 3656
GR PUS -2 L2 BLK5 RANGE VIEW ESTATES E N5•
L1 BLK5%1937 36 AV%
1939 A 0 136
OWNER JOURDAN RUTH B
KAROWSKY WITWER MILLER I OLDENBURG
PO BOX 1407
GREELEY CO 80632-1407
+AV + GREELEY
PARCEL 095911410006
PIN R 2109486
YEAR
LOG
1995
03514
05/30/1995
The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determine❑
that your property should be included in the following category(ies):
RESIDENTIAL PROPERTY IS VALUED BY CONSIDERING THE MARKET APPROACH.
AGRICULTURAL LAND VALUE IS DETERMINED SOLELY BY THE EARNING OR PRODUCTIVE
CAPACITY OF THE LAND, CAPITALIZED AT A RATE SET BY LAW.
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:
YOUR APPEAL WAS DENIED, THE PROPERTY VALUE IS CORRECT BASED UPON TIME
TRENDED SALES BETWEEN JANUARY •93 AND JUNE •94. THESE SALES WERE TIME
TRENDED TO THE END OF JUNE 1994. THIS IS DONE TO ACCOUNT FOR THE
CONTINUING RISE IN MARKET VALUES DURING THAT TIME PERIOD.
PROPERTY CLASSIFICATION
LAND
IMPS
PETITIONER'S
ESTIMATE
OF VALUE
ASSESSOR'S
UAL VALUE
PRIOR TO REVIEW
50.000
265,888
VALUATION
ACTUAL VALUE
AFTER REVIEW
50.000
265,888
TOTALS $
you disagree with the Assessor's decision, you have the right to appeal u b 5 �� $ 315.888$ 315, 888 i
L -8-106(1)(a), C.R.S. Please see the back of this form for detailed information on filingg youroard of peal. ation for further consideration,
appeal.
WARREN L. LASELL
WELD COUNTY ASSESSOR
e
06/14/95
ADDIT!ONAL'NFORMAT!ON ON REVERSE SIDE
DATE
34
KAROWSKY, WITWER, MILLER & OLDENBURG
STOW L. WITWER. JR.
WALKER MILLER
R. SAM OLDENBURG
JOHN J. BARRY
MARILYN J. DAVID
ATTORNEYS AT LAW
822 - 7TH STREET. SUITE 760
P. 0 BOX 1407
GREELEY, CO 80632-1407
(970) 352-3161
FACSIMILE (970) 352-3165
APPEAL TO THE WELD COUNTY BOARD OF EQUALIZATION
July 12, 1995
Weld County Board of Equalization
915 Tenth Street
PO Box 758
Greeley, CO 80632
Re: Ruth B. Jourdan
PIN: R-2109486
Parcel No.: 095911410006
Street Address: 1937 36th
Gentlemen:
-JACQUELINE JOHNSON
CURTIS R. SEARS
CHARLES A. KAROWSKY
OF COUNSEL
C)
S r L'J
.7y
moo:
0
C7
u✓
Avenue, Greeley, Weld County, ColRradg-<
IV
Please consider this the formal appeal in behalf of our client, Ruth
B. Jourdan, with respect to the valuation provided by the Weld County
Assessor in respect of the above referenced property. For your
reference I am enclosing herewith a copy of the Notice of Denial
provided by the Weld County Assessor's Office. Mrs. Jourdan
previously executed an authorization for our office to act in her
behalf with regard to an appeal of her tax assessment.
Mrs. Jourdan believes that the assessment is substantially inaccurate,
as she believes that neither her real property nor any real property
substantially similar to hers and in her locale should have such a
high valuation. It is Mrs. Jourdan's opinion that the actual value of
the above referenced real property is $255,000.00.
In support of Mrs. Jourdan's position, I am able to provide you copies
of the notices printed in The Greeley Daily Tribune and gathered by
Mrs. Jourdan concerning the sale of properties within recent years
which are very near to her location. Mrs. Jourdan's property is
described at Lot 2, Block 5 of Range View Estates and set forth below
are the reported sales prices of lots in her neighborhood set forth by
lot and block:
Property Description
Lot 1, Block 5 of Greeley
Range View Estates
Lot 4, Block 3 of Greeley
Range View Estates
Sales Price
$147,500.00
$234,000.00
KAROWSKY, WITWER, MILLER & OLDENBURG
weld County Board of Equalization
July 12, 1995
Property Description
Lot 6, Block 3 of Greeley
Range View Estates
Lot 9, Block 1 of Greeley
Range View Estates
Lot 4 of Greeley Range View
Estates First Addition
Lot 9, Block 4 of Greeley
Range View Estates
Lot 5 of Greeley Range View
Estates First Addition
Lot 2, Block 3 of Greeley
Range View Estates
Lot 5, Block 3 of Greeley
Range View Estates
Lot 6, Block 3 of Greeley
Range View Estates
Lot 3, Block 4 of Greeley
Range View Estates
Page 2
Sales Price
$227,000.00
$259,000.00
$255,000.00
$260,000.00
$237,000.00
$279,000.00
$140,000.00
$192,500.00
$208,500.00 -CA
As you can see, none of the aforementioned properties sold anywhere near
the Assessor's stated value of Mrs. Jourdan's property of $315,888.00.
In fact, the home which is located at Lot 4 of Greeley Range View Estates
First Addition sold for $255,000.00 and is very similar in its style to
Mrs. Jourdan's home. The Assessor's stated valuation for that property
is $258,947.00. That home is approximately one block from Mrs. Jourdan's
home, and has a red brick exterior, an extensive alarm wiring system with
every window wired and a large sunroom built on the back of such house.
It is also situated on a larger lot than Mrs. Jourdans, and was built in
1978, while Mrs. Jourdan's home was built in 1972-1973. Further,
Mrs. Jourdan's home has a concrete block exterior, a minimum security
system, and has only a screened -in porch. Such was apparently "copied"
in format and presentation from the Jourdan home.
Based in considerable part upon the foregoing information, Mrs. Jourdan
believes that her property is substantially overassessed. In deed, none
of the properties referenced herein have sold for an amount even
approaching the valuation affixed by the Assessor. I believe it is also
important to note that the property immediately next door to
Mrs. Jourdan's house, at Lot 1, Block 5 of Greeley Range View Estates,
sold for a figure of $147,500.00. The fact that such home sold for a
value even $100,000.00 less than what Mrs. Jourdan believes would be a
proper assessment would serve to lend credence to her argument.
Obviously, other homes with lesser values tend to bring down the overall
KAROWSKY, WITWER, MILLER & OLDENBURG
Weld County Board of Equalization
July 12, 1995 Page 3
value and market price of larger homes in the same neighborhood. Thus,
the fact that the home next door sold for only $147,500.00 serves as
additional evidence to bring down the reasonable market value of
Mrs. Jourdan's property.
In behalf of Mrs. Jourdan, I would respectfully ask that you seriously
consider all of the factors bearing upon the assessment of her property
and acknowledge that a proper statement of actual value for her property
is $255,000.00.
Yours very truly,
KAROWSKY, WITWER, MILLER & OLDENBURG
(
John J. Barry
JJB:mmv
Enclosures
CC: Ruth B. Jourdan
Sales Comparables
Value
Sq Ft.
w
y
7
,—,
00
69
w
m
r
en
01
Ni
$92.15/sf
a„
cn
N
-
C1
69
w
h
o
01
65
Adjustment
$269,511
sq ft&age - 3,039
bath + 625
bsmt + 45,547
$311,394
$230.436
sgft&qual+ 32,920
bath - 2,970
bsmt + 34.321
$294,707
$ 272,379
sgft&ext + 27,664
bath - 4,250
bsmt + 14,790
$ 310,583
$237,296
sq ft + 44,336
bsmt + 17,105
gar + 5,250
$303,981
bA
tip"
I. �
872 sf
875 sf
921 sf
600 sf
tn
00
Bsmt Size
Bsmt Fin
L. y
'0
Q1
rrl ...
ti
O
7
r.
1,471 sf
952 sf
L.
OO
Hi
(N
ti
000
VI
^
1,798 sf
1,708 sf
0A
A
a
a
- N
W ^ I I
N
- 7 N
V0M\
^ ^ ^
- 7 N
'r�rh-
N ^ ^
- 7
�M
r1 ^
- N
ci+�
fV
wN
C
V `
Masonry
3,198 sf
Masonry
3,178 sf
t re)
0 0
CS
N
Frame
2,799 sf
% 'o
0 00
N 0
CI
Style
Year Built
Quality
I Story
1973
Good
0co O
(n 0
1 Story
1978
Average Plus
1 Story
1972
Good
1 Story
1973
Good
Land Size
Land Value
O
O
O
O
vi
be
o
o
O
O
to
be
O
O
O
O
kn
ss
$43,200
O
O
O
O
in
be
Sales Date
Sales Price
6-06-94
t.a.s.p. $319,511
$269,511
8-31-93
t.a.s.p. $280,436
$230,436
1-1-93
t.a.s.p. $315,579
$272,379
7-26-93
t.a.s.p. $287,296
$237,296
p in
7 At u
Jb
i
J
4
Subject
Pin# 2109486
1939 Homestead Rd.
Comp #1
Pin# 2116286
1903 Homestead Rd.
Comp #2
Pin# 2116486
1836 Homestead Rd.
Comp #3
Pin# 2583986
6299 W. 26th Street
Comp #4
Pin# 2107186
1822 Frontier
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Iwana G. and James A. Sell and
Chadesf. Zuokerand Ann T. Colgan, lot4,
Mock 3 of Greeley Rangeview Estates.
5234,000.
William r Jr. and Jan Lou Lester.to
Richard P. and Kathleen M. Brady, lot 6,
block 3 of Greeley Rangeview Estates.
$227,000. _ _ .. _
IMichael W. and Melissa C. Woods to'
Nancy G. Beardslee, lot 9, blocc 1 of Gres -
ley Rargeview Estates. $259,000.
. :Glen E. and Bonnie Kay Sowder to
Thomas E. and IGrdey W. Royer, lot 1, block
5 of Greeley Range View Estates.
$147,500. .. _
- David W. and Soy B. VanWart to
Fitton! A. and alma PA. Racer. 1014 of
Greeley Range View Estates Ant Addi-
tion. $255,000.
HenoheIR-PhelpeJr. and Marilyn J. Phelps to
Reba L: Holloway, lot 9, block 4 of Greeley
Range View Estates. 5260,00O,-_.. -.
Robert Dirand Carole 1: Hartley to Michael .1.
and Barbara D,`Hagan, lot 5 of Greeley Range View
Estates Rrst Addition. $237,000.
RobeR D:-athdDanne D Biacfiorto Robert C
aan•_i dlyn uW. Taman, lot2, block of Rangeview Es•
Malcolm S. and Mary E Anderson to
Richard A. and Antoinette M. Newcomb,
lot 5, block 3 of Range View Estates.
$140,000. - -
diikiiduI i Gibissa a r wean
Fy flour,
black] d GnsieY Rr?e' F>WM'
H. Richard Fart to Edwin `
John and April Colleen T . — Inn n - 1
` Chamberlain, lot 3, block 4
of Greeley Rangeview Es- 4
tales. $208,500. ..
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