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HomeMy WebLinkAbout971613.tiffRESOLUTION RE: THE BOARD OF EQUALIZATION, 1997, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: STEELE JERALD CHARLES 18691 WELD CO ROAD 80 1/2 AULT, CO 80610 DESCRIPTION OF PROPERTY: PIN: R0912586 PARCEL: 070918000034 - 14014-B PT S2 18 7 65 BEG N40DW 2722.18' FROM SE COR OF SEC S88D30'W 280.77' N87D55'W 90.90' N03D39'W 322.17' N11D49'W 168' N77D04'E 85.69' S20D51'E 187.95' S62D01'E 172.90' S52D04'E 204.73' S17D53'W 124.73' M/L TO BEG (2.844A M/L) LB REC EXEMP #RE141 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 not being present or represented, 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 $ 19,969 Improvements OR Personal Property 133,239 TOTAL ACTUAL VALUE $ 153,208 971613 AS0038 RE: BOE - STEELE JERALD CHARLES 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 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. 971613 AS0038 RE: BOE - STEELE JERALD CHARLES 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 5th day of August, A.D., 1997. APPROVED AS TO FORM: ty Attorney BOARD OF COUNTY COMMISSIONERS WELD C�ORADO Georg E. Baxter, Chair stance L. Har.- i Pro, i-m a Dale K. Hall LAd , / /J,a1� a a. J. Kirkme e / /7 Barbar y fl 971613 AS0038 NOTICE OF ADJUSTMENT 4§&.(tt, %Me COLORADO 14014-B PT S2 18 7 65 BEG N40DW 2722.18' FROM SE COR OF SEC S88D30'W 280.77' N87D55'W 90.90' N03D39'W 322.17' N11D49'W 168' N77D04'E 85.69' S20D51'E 187.95' $62D01'E 172.90' S52D04'E 204.73' OWNER: STEELE JERALD CHARLES STEELE JERALD CHARLES 18691 WELD CO ROAD 80 1/2 AULT, CO 80610 07/02/1997 LOG 5735 PARCEL 070918000034 ACCOUNT R0912586 YEAR 1997 OFFICE OF COUNTY ASSESSOR 1400 NORTH 171h AVE. GREELEY, CO 80631 PHONE (970) 353-3845, EXT. 3650 The anpraisal value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor hascletermined;hat your property should be included in the following category(ies): RESIDENTIAL PROPERTY IS VALUED BY CONSIDERING THE MARKET APPROACH. .9 N.) 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: DUE TO THE VOLUME OF APPEALS YOUR NOTICE OF DETERMINATION HAS BEEN DELAYED AND POSTMARKED LATER THAN JUNE 30TH. IF YOU WISH TO APPEAL YOUR VALUATION FURTHER PLEASE FORWARD A COPY OF YOUR NOTICE SHOWING THIS MESSAGE ALONG WITH YOUR DESIRE TO GO TO THE COUNTY BOARD OF EQUALIZATION. THIS WILL ALLOW YOU AN EXTENSION THROUGH MIDNIGHT JULY 21ST. BASED ON A STUDY OF COMPARABLE PROPERTIES THAT SOLD FROM 1/1/95 TO 6/30/96 WE HAVE ADJUSTED YOUR PROPERTY TO THE 1997 LEVEL OF VALUE AS SHOWN BELOW. PROPERTY CLASSIFICATION PETITIONER'S ESTIMATE OF VALUE ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL AFTER VALUE REVIEW LAND IMPS 19969 148421 19969 133239 TOTALS $ $ 168390 $ 153208 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: 15 -OPT -AR Form PR -207-87/94 WARREN L, LASELL WELD COUNTY ASSESSOR 07/02/1997 DATE ADDITIONAL INFORMATION ON REVERSE SIDE 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 EQUALIZATION'S DETERMINATION: 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 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. 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O1 EA $128.85/sf 00 EA ei Ell 00 In EA $ 97,531 sq. ft. - 4,386 basmt - 2,429 $ 90,716 $ 75,776 sq. ft. - 3,528 basmt - 8,120 gar - 7 922 $ 56,206 $ 33,164 sq. ft.& ext - 2,142 basmt + 2,082 gar - 3.367 $ 29,737 $67,906 sq ft - 2,142 basmt + 2,082 gar - 3 367 $ 64,479 / \ 576 sf 336 sf 336 sf 288 sf 624 sf 464 sf 464 sf Comp #4 12-14-95 1 Story FRAME Acct# 0806386 $67,906 $10,000 1902 1 -full NONE LOW 788 sf 223 2nd Av $67,906 j } \ FRAME 704 sf FRAME 876 sf FRAME 716 sf FRAME 788 sf Style Year Built Quality 1 Story 1920 LOW 1 Story 1909 LOW 1 Story 1928 FAIR 1 Story 1902 LOW Land Size Land Value �} /\ \ \ Sales Date Sales Price $30,246 11-03-95 $110,000 $97,531 05-07-96 $85,776 Time Adj Sales Price $75,776 07-26-95 $43,164 Time Adj Sales Price $33,164 PIN # Address Subject Acct# 0912586 18691 80.5 CR Comp #1 Acct# 0784986 17543 Hwy 14 Comp #2 Acct# 0771886 411 Graefe Av Comp #3 Acct# 0806386 223 2nd Av W1�Dc. COLORADO July 22, 1997 STEELE JERALD CHARLES 18691 WELD CO ROAD 80 1/2 AULT, CO 80610 Dear Petitioner(s): CLERK TO THE BOARD PHONE (970) 356-4000 EXT.4225 FAX: (970) 352-0242 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No.: 070918000034 PIN No.: R0912586 The Weld County Board of Equalization has set a date of Tuesday, August 5, 1997, at or about the hour of 1:30 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. STEELE JERALD CHARLES - R0912586 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 Hoard BY: Carol A. Harding Deputy Clerk to the Board cc: Warren Lasell, Assessor Hello