HomeMy WebLinkAbout971569.tiffRESOLUTION
RE: THE BOARD OF EQUALIZATION, 1997, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
POLLACK SHELDON
C/O U S WEST COMMUNICATIONS INC
3640 E INDIAN SCHOOL RD., ROOM 300
PHOENIX, AZ 85018
DESCRIPTION OF PROPERTY: PIN: R2591186 PARCEL: 095918000047 - 17601-C PT N2
18 5 66 BEG S30' & N89D59'E 259' OF N4 COR SEC N89D59'E 798.6' SOD14'E 741.36'
N45D40'W 214.09' N60D51'W 100.17' N84D24'W 115.67' S86D42'W 113.5' S70D47'W 67.97'
S40D29'W 9.69' N24D10'W 316.53' N25D23'W 316.53' N25D23'W 309.05' TO BEG LOT A REC
EXEMPT RE -176 (8.845A) (.5R) %12680 WCR 58%
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
Improvements OR
Personal Property
TOTAL ACTUAL VALUE
$ 41,750
1,208,250
$ 1,250.000
971569
AS0038
RE: BOE - POLLACK SHELDON
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.
971569
AS0038
RE: BOE - POLLACK SHELDON
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 31st day of July, A.D., 1997.
ATTEST:
Weld Cou
BY
Deputy Cler
APPROVED AS TO FORM:
Assi tint Coul Attorney
W. H. Webster
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, CORADO
Baxter, Chair
971569
AS0038
WLIDc.
COLORADO
BRIDGE & ASSOCIATES
216 16 ST MALL #950
DENVER, CO 80202
NOTICE OF DENIAL
17601-C PT N2 18 5 66 BEG S30' &
N89D59'E 259' OF N4 COR SEC N89D59'E
798.6' S0D14'E 741.36' N45D40'W 214.09'
N60D51'W 100.17' N84D24'W 115.67'
S86D42'W 113.5' S70D47'W 67.97'
S40D29'W 9.69' N24D10'W 316.53'
OWNER: POLLACK SHELDON
07/02/1997
RECEIVEIFICE OF COUNTY 1400 NORTH 17th AVOE.
GREELEY, CO 80631
PHONE (970) 353-3845, EXT. 3650
JUl 1 6 1997
WELD COUNTY ASSESSOR
LOG
PARCEL
ACCOUNT
YFAR
Greeley, Colorado
6692
cicti
095918000047 /0/
1186 C74/,064
1997
The appraisal value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has detemgned that
your property should be included in the following category(ies):
t,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:
THE SUBJECT PROPERTY IS INCUMBERED WITH A LONG TERM LEASE. THE VALUE IS BASED
ON THE INCOME.
PROPERTY CLASSIFICATION
PETITIONER'S
ESTIMATE
OF VALUE
ASSESSOR'S VALUATION
ACTUAL VALUE
PRIOR TO REVIEW
ACTUAL VALUE
AFTER REVIEW
LAND
IMPS
41750
1208250
41750
1208250
TOTALS $ $ 1250000 $ 1250000
(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.
07/02/1997
By:
15-DPT-AR
Form PR -207-87/94
WARREN L. LASELL
WELD COUNTY ASSESSOR
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 EOUALIZATION'S DETERMINATION:
The Board of Equalization ire County uKua :zat.arr ;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. Attach additional documents as necessary.
P2°Petit i5 eiJco np ,,ttcaErr t,o,ot,--rc-ru\ Lch1e - VS ateS/r&,oue- rt A r Touog 4400o 95 - 9C
LC4St PAYMccc N&S IC F 137 lop PJt roJQ,.c. Off,J6 S v4cA.C`! 4- CocLECro,J cocci, tog `2 MGMC
fesetie.5 L 11Z eh, k.krE, /,ui),c47e r vAtile of 1,06,55G'Io o Y.EptCtf -rxuE MAL CT VALLE,
t.cput.S i VALuEE ec
Leh)c.ET1 tp 4 1 o6SOOa .
1 21 bez +- .Csac141CS
3o3-573-7000 7-11-97
SIUNA 1 Ut h OF Phil HONER DALE
Mr C£ LF*Li
Cho B0O0EO HEARING
DATE: July 31, 1997
TIME: 8:30 AM
SUBJECT: U.S. West Building
ADDRESS: 12680 WCR 58, Greeley
PIN#: R2591186
PARCEL#: 0959-18-0-00-047
COST APPROACH
Parcel Number .
Property Owner .
Address
City, State, ZIP:
Surveyed by
Date of Survey .
0959-18-0-00-047
SHELDON POLLACK
12680 WCR 58
GREELEY, CO, 80631
SGJ
07/29/97
Occupancy: 51% Office, 49% Garage,
Floor Area: 61,924 square feet
Class: Masonry
Cost rank: Low
Cost as of: 4/96
Service
Number of stories: 2.0
Average story height: 23.0 feet
Effective age: 22 years
Heating and Cooling:
Space Heater
Other features:
100%
Units Cost
Total
Basic structure cost
61,924
33.69 2,086,220
Extras:
CONCRETE $1.40 X 17,875
ASPHALT .78 X 88,040
AIR CONDITIONING 15870 X $1.40
Subtotal
Replacement Cost New
25,025
68,671
22,218
115,914
2,202,134
Less Depreciation:
Physical and Functional
Depreciated Cost
<33.1%>
<728,906>
1,473,227
Miscellaneous:
Land
Total
41,750
1,514,977
Rounded to nearest $1,000 1,515,000
Cost data by MARSHALL and SWIFT
2
COMPARATIVE SALES APPROACH
PIN: 2591186
NAME: POLLACK, SHELDON
COMP SALE NUMBER
ADDRESS
USE
SALE DATE
SALE PRICE
ADJ. SALE PRICE
LAND VALUE
BLDG. VALUE
BLDG SIZE SF
BLDG PRICE/SQ. FT.
YEAR BUILT
EFFECTIVE YEAR
ADJUSTMENTS:
BLDG.SIZE @$19
BLDG AGE/ QUALITY
SUBJECT
12680 CR 58
GREELEY
GAR/OFFICE
125,250
NET ADJ TO ADJ SALE PRICE
ADD BLDG VALUE
ADJ TO SALE PRICE
ADD SUBJECT LAND
INDICATED VALUE
1
4045 CR 22
DEL CAMINO
GAR/OFFICE
5/92
2
2111 2ND AV
GREELEY
SER GAR
12/94
2,500,000 250,000
3
527 6TH AV 1241 DENVER
GREELEY FORT LUPTON
WHSE MANUFACT
12/94 7/94
375,000 550,000
2,468,235 400,000
222,000
73,475
1,208,250 2,246,235
61,924 64,127
35.03
1974 1980
1980 1985
18,525 134,318
326,525 356,475 415,682
20,000 21,550 27,014
16.33 16.54
1967 1967
1975 1975
-41857 796556 767106
-513016 70000 55000
-554873
866556
2246235
1691362
125250
1816612
INDICATED VALUE PSF
INDICATED MARKET VALUE 61,924 SQ FT X $21.00 = 1,300,404
3
29.34
15.39
1972
1978
663290
60000
822106 723290
326525 356475
415682
1193081 1178581
125250 125250
1318331 1303831
21.29 21.06
1138972
125250
1264222
20.42
COMPARABLE SALE L
PIN: 0034992
PARCEL #: 131311000072
OCCUPANCY:
ADDRESS: 4045 CR 22
SALE DATE: 05/08/92
SALE PRICE: $2,500,000
GRANTOR: AZALEA FARMS
GRANTEE: U S CORP OF ENGINEERS
YEAR BLT:
BLDG SIZE:
CLASS: C
CONSTRUCTION-QUAL: AVG+
WALL HEIGHT:
STORIES:
BSMT SIZE:
LAND SIZE:
LAND VALUE:
SERVICE GARAGE
DEL CAMINO
BOOK #:
RECEPTION #:
ADJ SALE PRICE:
1969 LAND/BLDG RATIO:
64,127 PR/SF(IMPS):
PR/SQ FT:
CASH DOWN:
22 NEW LOAN:
1 INTEREST RATE:
0 LOAN TERM (YRS):
483416 POINTS PAID:
222000 BY WHOM:
1335
2287421
$2,468,235
REMARKS: ADJ SP - DEDUCT SF RESIDENCE ($31,765)
OTHER 3 BLDGS 22,212 SF + 36,395 SF
+ 5,520 SF = 64,127 SQ FT TOTAL
4
7.54
$35.03
$38.49
$0
0
O.O0
0
0
0
COMPARABLE SALE 2
PIN: 3464486
PARCEL #: 96117102028
ADDRESS:
PROJECT:
SALE DATE:
SALE PRICE:
ADJ SALE PRICE:
GRANTOR:
GRANTEE:
YEAR BLT:
BLDG SIZE:
CLASS:
CONSTRUCTION-QUAL:
WALL HEIGHT:
STORIES:
BSMT SIZE:
LAND SIZE:
LAND VALUE:
REMARKS:
OCCUPANCY:
2111 2 AV
0
12/19/94
$250,000
$400,000
GLEN R SHUPE
JOHN L SHUPE
1967
20,000
C
AVG
16
1
0
73,475
55,106
SER GAR
GREELEY
BOOK #: 1473
RECEPTION #: 2420432
LAND/BLDG RATIO:
IMPS PRICE/PSF:
SALE PRICE/PSF:
CASH DOWN:
LOAN:
INTEREST RATE:
LOAN TERM (YRS):
POINTS PAID:
3.67
$17.24
$20.00
0
0.0%
0
0
FAMILY SALE BETWEEN BROTHERS. JOHN (GRANTEE)
PURCHASED GLENN'S (GRANTOR) PARTIAL INTEREST
IN SUBJECT PROPERTY (APPROX 62.50). GRANTEE
ALREADY OWNS THE OTHER PARTIAL INTEREST (APPROX
37.5%). NO APPRAISAL WAS DONE TO DETERMINE SUBJECTS
VALUE. GRANTEE'S OPINION OF VALUE WAS $400,000.
5
COMPARABLE SALE 3
PIN: 5274686 PARCEL #: 130931400012
OCCUPANCY: MANUFACTURE
ADDRESS: 1241 DENVER AVE FORT LUPTON
PROJECT: 0
SALE DATE: 07/20/94
SALE PRICE: $550,000 RECEPTION #: 2398688
ADJ SALE PRICE:
GRANTOR: TRUS JOIST MACMILLIAN
GRANTEE: BMC WEST CORP
YEAR BLT: 1972 LAND/BLDG RATIO:
BLDG SIZE: 27,014 IMPS PRICE/PSF:
CLASS: D SALE PRICE/PSF:
CONSTRUCTION-QUAL: AVG CASH DOWN:
WALL HEIGHT: 30 LOAN:
STORIES: 1 INTEREST RATE:
BSMT SIZE: 0 LOAN TERM (YRS):
LAND SIZE: 464,349 POINTS PAID:
LAND VALUE: 134,318
BOOK #: 1451
17.19
$15.39
$20.36
$550,000
0
0.0%
0
0
REMARKS: REALTOR SALE, BUSINESS AFFILIATES. OFFICE
AREA 2640 SF, MANUF WH 30' 17202 SF, MANUF WH
18' 6788 SF & STORAGE 384 SF. INCLUDES 800 LF
RAILSPUR, 3188 LF SECURITY FENCING. BLDG HAS
FIRE SPRINKLER SYSTEM.
6
INCOME CAPITALIZATION
ACTUAL INCOME (TRIPLE NET LEASE)
LESS 5% VACANCY & COLLECTION LOSS
EFFECTIVE GROSS INCOME
LESS 2% MANAGEMENT
LESS 2% REPLACEMENT & RESERVE
NET OPERATING INCOME
CAPITALIZATION RATE
INCOME VALUE
ROUNDED TO
7
8
$137,100
-6,855
130,245
-2,605
-2,605
125,035
10%
1,250,350
1,250,000
VALUE INDICATIONS
COST APPROACH:
SALE COMPARISON APPROACH:
INCOME APPROACH:
ASSESSOR'S 1997 VALUE:
8
$1,515,000
1,300,000
1,250,000
1,250,000
6)crit,
111k.
COLORADO
July 22, 1997
POLLACK SHELDON
C/O U S WEST COMMUNICATIONS INC
3640 E INDIAN SCHOOL RD., ROOM 300
PHOENIX, AZ 85018
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.: 095918000047 PIN No.: R2591186
The Weld County Board of Equalization has seta date of Thursday, July 31, 1997, 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. 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.
POLLACK SHELDON - R2591186
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,
BO RD OF EQUALIZATION
Donald D. Warden,
Clerk to the,soard
BY:
arol A. Harding
Deputy Clerk to the Board
cc: Warren Lasell, Assessor
BRIDGE AND ASSOCIATES
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