HomeMy WebLinkAbout951508.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1995, WELD COUNTY, COLORADO
PETITION OF:
MC CULLY EVERETTE R & LINDA M
4772 PARK VIEW
ERIE, CO 80516
DESCRIPTION OF PROPERTY: PIN: R 5709086 PARCEL: 146709101009 - SA5-2 L2 BLK5
SCOTTS ACRES (2.00A) %4752 PEAK VIEW%
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 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 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:
951508
AS0032
, m° Ca_ilki
RE: BOE - MC CULLY EVERETTE R & LINDA M
Page 2
ORIGINAL
Land $ 18,090
Improvements OR
Personal Property 72.052
TOTAL ACTUAL VALUE $ 90.142
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
fora 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)
951508
AS0032
RE: BOE - MC CULLY EVERETTE R & LINDA M
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 27th day of July, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WF COUNTY, COL D
afr/A4?
ATTEST: 1
tt-- Dale K. Hall, Chairman/
Weld County Cler3fTb tlge B rd
kJtkTe r%
BY: 't Deputy Cler city e bard Fxel
►J, i L� George E. Baxter
APPROVED AS TO FORM:
nu-:I lSFII
• Constance L. Harbert
frio A y 111- li\ / tY1 ,2 Pv , , ?'
y{�y °�J W. H. Webster
951508
AS0032
i f)PL %
'MS= 3/97 (4-`1'
BOE DECISION SHEET
PIN #: R 5709086 PARCEL #: 146709101009
MC CULLY EVERETTE R & LINDA M
4772 PARK VIEW
ERIE, CO 80516
HEARING DATE: July 27, 1995 TIME: 9:30 A.M.
HEARING ATTENDED? ON) NAME: AD.t, Jilt r c�
AGENT NAME:
APPRAISER NAME: - 2S�'2- - -- * O�
DECISION:
DECREASE IN VALUATION
INCREASE IN VALUATION
NO CHANGE IN VALUATION
ASSESSMENT RATIO
ACTUAL VALUATION
ORIGINAL SET BY BOARD
Land $ 18,OQn $ /gd/ lJ 9e)
Improvements OR
Personal Property 72.052 /7 / Ufa
Total Actual Value $ 90.142 $ 69(/
COMMENTS: ))
MOTION BY TS2-c TO _L J_2i��- c4
SECONDED BY 3 iC Baxter --
Hall --ea)
Failed to prove appropriate value Harbert ---.(X[Nl}Zi/
No comparables given Kirkmeyer-- .11 )
Other: Webster--A? )
RESOLUTION NO._ 5515043
0 CLERK TO THE BOARD
PHONE (303) 00 EXT.4218
FAX: (303)TSTREET
2-0242
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
VIIDc
COLORADO
July 10, 1995
Parcel No.: 146709101009 PIN No.: R 5709086
MC CULLY EVERETTE R & LINDA M
4772 PARK VIEW
ERIE, CO 80516
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of Thursday, July 27, 1995, at or about the
hour of 9:30 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.
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.
MC CULLY EVERETTE R & LINDA M - R 5709086
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: cm/Km frD, etkO
Kimberlee A. Schuett, Deputy
cc: Warren Lasell, Assessor
01,
OL
urR 806 1
1400 NORTH 17th AVE.
GREELEY,COLORADO 80631
NO TICE OF DENIAL PHONE(970)353-3845,EXT.3656
ink SA 5-2 L2 BLK5 SCOT TS ACRES ( 2. 00A)
%C4752 PEAK V IEW%s
COLORADO
4772 PE.AKUIEW ST SCOTTS
OWNER MC CULLY EVERETTE P G LINDA M
MC CULLY EVERETTE R C LINDA '4 PARCEL 140709101009
PIN R 5709086
4772 PARK VIEW YEAR 1995
ERIE CO 80516 LOG 01675
05/ 17/1995
The appraised 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 VALUE.I) BY CONSIDERING THE MARKET APPROACH.
AGRICULTURAL LAND VALUE IS ❑E TERM INED SOLELY BY THE EARNING OR PRODUCTIVE
CAPACITY OF THE LAND, CAPITALIZED AT A PATE 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 PROPERTY HAS BEEN UNIFORMLY VALUED FOLLOWING COLORADO LAW AND
INSTRUCTIONS PUBLISHED BY THE STATE DIVISION OF PROPERTY TAXATION.
YOUR PROTEST OF VALUE HAS BEEN DENIED DUE TO COMPARISON OF OTHER
SIMILAR PROPERT IES WHICH SOLD DURING THE. 1993/1994 TIME PERIOD .
THIS COMPARISON SHOWS YOUR ACTUAL PROPERTY VALUE TO BE CORRECT FOR
THAT PERIOD ,
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
LAND 18,090 18,090
IMPS 72,052 72,052
TOTALS $ $ 90 , 1 4 2$ 90 11 4?.
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.
WARREN L. LASELL 05/26/95
BY. WELD COUNTY ASSESSOR DATE
15-DPT-AR nnn,r1(1m l_intcnoM&T'Inni nN RFVFRSF S111E...
EVERETTE R. MCCULLY
4772 Peak View (303) 828 3051
Erie, CO 80516 n n_': TY
_a A' 9: ! 8
CLERK
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758 June 2, 1995
Greeley, Colorado 80632
Dear Board Members,
I am appealing the denial of the appeal to the Weld County Assessor. The
canned answer that I received did not address the information that I
submitted. I gave them the selling price of similar size homes that sold
in my area over the past year and then estimated the value of our properties
in comparison. In fact there is nothing that would indicate an increase in
valuation of about 50% is justified. I seriously don't believe that they even
evaluated the information that I submitted and simply cranked out a form
letter rejection of my appeal. Please let me know when the hearing will
be for this appeal. Thank you for your consideration. The properties being
appealed are as follows:
SA5-1 L1 BLKS SCOTTS ACRES (3.445A)
SA5-2 L2 BLKS SCOTTS ACRES (2.00A)
Sincerely,
Gar
Everette R. McCully
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