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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 Ca,' tw AD O CD 0 0 j N cr N o 0 0 ^. 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