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HomeMy WebLinkAbout20232934.tiffRESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER R8970291 - BRENT AND SARAH GOOCH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, were presented with a Petition for Abatement or Refund of Taxes for Account Number R8970291 at a duly and lawfully called regular meeting held on the 4th day of October, 2023, at which meeting there were present the following members: Chair Mike Freeman, and Commissioners Perry L. Buck, Scott K. James, and Kevin D. Ross, with Commissioner Lori Saine not being present, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayers and the Assessor of said County, with said Assessor, Brenda Dones, being represented by Jason Marini, Chief Deputy Assessor, and taxpayers, Brent and Sarah Gooch, not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petition, and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and the petition be, and hereby is, approved, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED VALUATION ABATEMENT OR REFUND TAX YEAR $1,750.00 $17,525.02 2022 I:G: A5Z(i3Dj0M1>K1)ICri� GIB LK 4), FN — lot i1Z.3 2023-2934 AS0114 TAX ABATEMENT PETITION - BRENT AND SARAH GOOCH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:A j-oe Weld County Clerk to the Board VIJotA APVED County Attney '0 13O Date of signature: 123 Milu.Ereeman, Chair in D. Ross Deputy Clerk to the Boar 2023-2934 AS0114 PETITION FOR ABATEMENT OR REFUND OF TAXES RECEIVED on I: Petitioner, please complete Section 1 only. Date: May 2, 2023 Month Day Year Petitioner's Name: Sarah & Brent Gooch County: Weld Date Received (Use Assessor's or Commissioners' Datealam 0JUN 3 0 2023 ELD COUNTY ASSESSOR ��GREELEY COLORADO Petitioner's Mailing Address: 9043 Shenandoah Ave Frederick CO 80504-5819 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF R8970291 PROPERTY Lot 2 HEPP FARM AMD 2 RECEIVED SEP 0 5 2023 Petitioner requests an abatement or refund of the appropriate taxes and states thatthetaxes assessed asgoainnsa t� t$ D�COUNTY ehe taxes hps yPe refr errarteoilyr egeky, wheether dun teo a frr�on aus vehfe8onaiM l n�edveying�'VNttv+I~ STONERS clerical error, or overvaluation. Attach addkional sheets if necessary.) Owner submitted ag documentation for 2022 and per inspection of staff as of January 1, 2022 owner was farming and putting in drylend alfalfa. Owner supplied documentation of farming far3 consecutive years making the property eligible for ag in2022. Petitioner's estimate of value: g $8,845 2f 022 Value Year I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been prepared or examined by me, and to the best of my knowledge, information, and belief, is true, correct arldt)pmplerte. ...,` Daytime Phone Number 4 3 11-1(1 L Petitioner's Signature Email f ' LI'1, ( , } or, C.,1, \ ' ( 8y Agent's Signature' Daytime Phone Number( I Printed Name:__ - Email 'Letter of agency must be attached when petition is submitted by an agent If the Board of County Commissioners, pursuant to § 39-10-114(1), C R,S., or the Progeny sax Administrator, pursuant to.§ 39.2,1.18,>r.Q,S„ r” denies the petition for rehinA or eb�emenl of faxes in wnate or th pan, the Petitioner may appeal to Jjte Board of Assessment Appeals puisu'anF-"--:. to the provisions of § 39-2-125, C.R,S., within thirty days of the entry of any such decision, § 39,10-114,5(1), C R.S. SQCLtOn II: Tax Year 2022 ( 6 C' . !!, tual Assessed > original $610,796 $177,130 $17,:99.89 ��`,) + c �:. corrected $ 6,645 $ 1,750 $ 74,87 AbatelRefund $604,151 $175,360 $17,5 �;02 ft 1 to! ��� semmapoutlinedabove. If the reQuesl for abatement is based upon the grounds of overvaluation, no abatement ar ratan to such valuallen has keen filetl and a Notice of Determination has been mailed to th¢ taxpayer, § 39-10-114(i)(a)p)(D), C S Tax year: 2022 Protest? IN No ❑ Yes life protest was filed, please attach a copy of the N0D.) ❑ Assessor recommends denial for the following reason(s): on or protest Asseeeor's or Deputy Assessor's Signature 15.0P,AR No 9104ett7 FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III. Section IV must be completed) =Every pell0an for ebetemenl or refund filed pursuant to § 39-10.114, C.R.S. shah be acted upon pursuant to the proWsions of Ihla aectlon by the of County Commieaicnere or Me Assessor. as appropdale, within six monllha of the date of Aang such pe0tion, § "9 1-113(1.'7), C R.S Section Ill: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to MAR The Commissioners of County authorize the Assessor by Resolution lea, to review petitions for abatement or refund and to settle by written mutual agreement any such petkion abatement or refund in an amount of $10,000 or less per tract, parcel, or lot of land or per schedule of personal property, in accordance with § 39.1.113(1.5), C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatement/refund of: Tax Year ctu Waassed Original Corrected AbeterRefund Note: The total lax amount does not Include accrued interest, penalties, and fees associated with late andror delinquent tax payments, if applicable. Please contact the County Treasurer for full payment infomtation Petitioner's Signature Assessor's or Deputy Assessor's Signature Date Section IY: Decision of the County Commissioners (Must be completed If Section III does not apply) WHEREAS, the County Commissioners of County, State of Colorado, at a duly and lawfully oatled regular meeting held on i r , at which meeting there were present the following members: Monts Day Year with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor of said County and Assessor (being present —not present) and Name Petitioner (being present --not present), and WHEREAS, the said Name County Commissioners have carefully considered the within petition; anti are fully advised in relation thereto, NOW BE IT RESOLVED that the Board (agrees --does not agree) with ihe.rtkcommendation of the Assessor, and that the petition be (approved --approved in part —denied) with an abateirtenUrefund as follows: Year Assessed Value Taxes Abate/Refund Chairperson of the Board of County Commissioners' Signature I, County Clerk and Ex -Officio Clerk of the Board of County Commissioners in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners• IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County this day of Month Year County Clerk's or Deputy County Clerk's Signature Note: Abatements greater than $10,000 per schedule, per year, must be submitted in duplicate to the Property Tax Administrator for review. Action of the Property Tax Administrator (For all abatements greater than =10,000) ieion of the Board of County Com o five this petition, is hereby prod O Approved in part $ �' Deviled foytlie foliowi� OFFICE OF THE WELD COUNTY ASSESSOR PHONE (970) 400-3650 FAX (970) 304-6433 WEBSITE: www.weldgov.com WELD COUNTY ADMINISTRATIVE OFFICES 1400 N 17 AVE GREELEY, CO 80631 GOOCH SARAH 9043 SHENANDOAH AVE FREDERICK, CO 80504-5819 February 6, 2023 RE Account Number R8970291 Parcel Number 131314406002 Dear Property Owner: Your parcel of land may be reclassified as a residential tract unless you can prove its agricultural use and submit that proof to our office. Colorado law requires agricultural assessment only for land being used for the primary purpose of obtaining a monetary profit from farming or ranching. Subdivided land, idle land, and land used primarily for pleasure animals or recreation generally does not qualify for agricultural assessment. In addition, agricultural land shall not include two acres or less of land on which a residential improvement is located unless the improvement is integral to an agricultural operation conducted on such land. The definition of 'integral to an agricultural operation' states that the individual occupying the residential improvement either regularly conducts, supervises, or administers material aspects of the agricultural operation or is the spouse, parent, grandparent, sibling or child of the individual. In order to meet state requirements, we must have proof of agricultural use for the current year and the two previous years. Please fill out the attached questionnaire and send any information to support your agricultural use to our office. The following information will be treated as confidential information. • Copy of lease agreement or a receipt of lease payment • Form 1040 and 1040F or equivalent form from IRS return • Sales invoices of agricultural products or livestock • Account balance sheets • Brand inspection certificates • Profit and loss or financial statements Information for the years of 2021, 2022 and 2023 must be provided within 60 days of receipt of this letter. If you need additional time, please contact our office. We are notifying you of the possible change in classification. This could result in higher land values. Zoning is determined by the planning office and has no effect on how your land is valued. If you have any questions or need further information, please call (970) 400-3650. Sincerely, Weld County Appraisal Division R8970291 EMS This form is intended to help us correctly classify all agricultural property in Weld County. Agricultural land in Colorado is valued by the income approach based on the earning capability of the land. Failure to supply such information shall not be the sole reason for reclassifying the property. All supporting documentation will be treated as confidential. To ensure that your property is correctly classified, please provide the following information. Parcel Number: 131314406002 d- i 3 ►3 1'i y v OO Legal: Lot 2 HEPP FARM AMD 2 Sites: 9439 SILVER BIRCH BLVD, FREDERICK Total Acres -16 1. How many acres of the property are used as: Type of land Number of acres Flood Irrigated "fib aa�� � r p Y Sprinkler Irrigated r T a D Farm `I �a ger r 1.:',',*,A,-, S?".,.4 y<'is .. r 1 i.3 1'. 6 + Pasture Grazing ( Y J Fl 77 R + Meadow Hay p # a , +a t.: Waste ',;'xsf� ..,,..•5 , cr S '", If none of the above, how is the land being used? S x #-', .: > , "` 2. If the land is being used as a farm, what crops are being cultivated? c_fl4 ;t,cA C, SSA 6,t)j &N(ti) rFly Fut-f= ►nto - 3. If the land is being used as a ranch, what livestock are being grazed? a. Do the livestock belong to the land owner? Yes ` No If not, who owns the livestock? b. What is the number of livestock grazed, and for what period of time? 4. Is this property used for any Commercial Agricultural business? (Dairy, Feedlot, Greenhouse...) 5. If your land is used by another party in an agricultural endeavor, by what arrangements or conditions is the land being used? (..G 115t ATT. Ac JtC R8970291 EMS 6. What is the total number of residences on the parcel? i( Does the occupant of each residence regularly participate in the agricultural endeavor? Yes No _ If the occupant does not regularly participate in the agricultural endeavor please complete the following: Size of residence 7. What is the total number of outbuildings on the parcel? ? Built as (ranch, Year 2 story, etc) built Relationship to agricultural operator (spouse, grandparent, sibling or child) 8. Is this parcel us..(1 in conjunction with any other parcels as art of a lamer a ricultural operation? Yes No If so, please list all parcels �` 9. Are any of these acres included in a government program? Yes ' f?� No If yes, please provide a copy of the contract. Please describe the type of water rights (ditch or well): 10. If this is a recent sale, did the sale include any water rights? Yes NoV What amount of the sale price attributed to the water Please describe the type of water rights (ditch or well): Instruction: Please sign and return the attached form to the address below. If you have any questions or require assistance in completing this form please contact an appraiser at the Weld County Assessor's office at (970) 400-3650 or (720) 652-4255. If you wish to scan and e-mail the form to the Assessor's office the e-mail address is Assessorweldgov.com, Print Name: <'f Signature: Email address: Please sign and return the attached form to: Weld County Assessor 1400 N 17t" Ave Greeley Co 80631 Phone S 3-`ct4-a—I- Z�s R8970291 EMS Land Lease Agreement This agreement is between Brent Gooch (landowner) and Ryan Finley , (tenant), for the lease of certain parcels of land for the purpose of growing and harvesting hay . 1.The parcel(s) contained in this agreement are is/described as follows: 76 acres owned by the Gooches on Silver Birch Blvd in Frederick, CO 2. The term of this lease shall be from April 2019 to April 2024 except as terminated earlier according to the provisions below. 3. The tenant agrees to pay a lease fee to the landowner of $ 500 total, per year. The tenant agrees to pay such sum at the beginning of the lease term and on the anniversary thereof unless otherwise mutually agreed. A late penalty of up to [10 1%/month may be assessed on all late payments. This lease fee may be renegotiated annually. 4. Permitted Uses: The tenant is permitted all normal activities associated with the above purposes, including but not limited to: spreading seed, removing weeds, harvesting crops. The tenant agrees to employ standard best management practices. It shall not be considered a default of this Lease if weather or other circumstance prevents timely practices or harvesting. 5. Prohibited Uses: The tenant shall not, unless by mutual agreement to the contrary, engage in any of the following activities on said parcel(s): growing controlled substances or using the land for recreational purposes. 6. Either party may terminate this lease at any time withlxnonth notice to the other party. The tenant agrees not to assign or sublease his/her interest. 7. The terms of this lease may be amended by mutual consent. 8. A default in any of these provisions by either party may be cured upon written notice by the other party within 3Qdays of receipt of such notice. Any disputes occurring from this lease may be resolved by standard mediation practices, if necessary. 12. Landowner retains his/her right to access the parcel(s). signed: date 9// date illy//1 Monied Alfalfa Seed Fades, LLC ,228 James St ,it;li Ply mouth. ID 83655 708-_'8- 110 104 ;lam dt4'arrt't1 t outIOO1( .COIT1 WW, .tugrt'\ arseed.canl CELL TO Ryan Finley 4969 Cnty Rd 22 Longmont. CO $05114 iNVO}C£ 9357 SffiF DATE 040$ 2021) DATI- idatm VATIC TOTAL Dirt 04 07 21120 S0.00 Siff VIA Old Dominion ACTIVITY Tag of War CTD Alfalfa Seed Pastore Mix 15 Grass Seed invoice ALFALFA SEED to to Ryan Finley 4969 Cnit Rd 22 I..or)omont, CO 80504 TR AC KING NO. 77816264150 i iTY RATE 50).) 2.05 100 TOTAL it' SHIPPING TOTAL PAYMENT BALANCE DUE TES'ts Call g3CI.OIEkhb SALES REP Iit is 1,02 5.00 265.(10 1,290.00 _22_2.Ilti 1,512.06 1,5 12.06 $.OO Ingot AdsSeat Finn, LLC 8 Jarrtes St I' Plymouth. ID 83655 -278-1104 vydwarrenra outlook„coin 'NV tugofwarsecd.com ea.t,. TO Ryan Finley 4969 Cnty Rd 22 Longmont. CI) 80504 Oki 0 :7 e DATE (44'20211 ,TE OATS 04 07 2020 ACTIVITY TOTAL Oita 50.911 Ste' VIA Old I)ormnlon '1g.[ Wtr CTh Alfalfa Seed Prime Mk IS Grass Seed 5010 Invoke OR 10 Ryan Finley 4969 Unty Rd 22 Longmont. CO 80504 TRACKING NO. 77816264350 2.05 100 2 TOTAL SHIPPING TOTAL PAYMENT BALANCE DUE TIMM COD SALES RAFT Eric AMOUNI 1,025.00 265.0C 1,290.00 22 2.01; 1,512.08 1,512.0 �oo� August 9, 2023 Attn: Brenda Dones RE: 2022 Abatement received June 30, 2023 Account: R8970291 Owner and site address: Sarah & Brent Gooch 9043 Shenandoah Ave Frederick, CO 80504-5819 2022 Assessor's Value $610,796 Subject: The subject property is a 51 -acre unimproved property located east of I-25 in the town limits of Frederick. The property was part of an original approximately 80 -acre parcel that was purchased in February 2019. In 2021 the property was subdivided into two lots. The subject is lot 2 of the Hepp Farm AMD 2. Abatement Request: The property owner has requested the property be classified as agricultural land for 2022. Analysis: The property had sold in 2019 so in early 2020, our office physically inspected the property and didn't identify any agricultural use on the property. The appraiser mailed the owner an agricultural questionnaire form requesting verification that the property was being farmed or ranched. The questionnaire was not returned and at the end of 2020, the appraiser left a voicemail with the owner. There was no response. In March 2021, the appraiser physically inspected the property and again did not see agricultural activity. In 2023, the property owner contacted us and requested agricultural classification for 2023. Physical inspection in March 2023 and again in April 2023 confirmed the property was being farmed. Fertilizer was being applied and alfalfa grass had started growing. Owners also filed supporting documentation including receipts for purchasing seed in 2020, a farming lease and IRS Schedule F for years 2020, 2021 and 2022 (not attached but available in Assessor confidential records). Three years of consecutive farming or ranching activity is required to qualify for the agricultural classification. With documentation that the property was being farmed in 2020, 2021 and 2022 the property became eligible for agricultural classification in 2022. Therefore, it is recommended that we classify the property as agricultural land for 2022 and set the land value at $6,645. 9/6/23, 10:32 AM Property Report Weld County Property Information (970) 400-3650 PROPERTY PORTAL Technical Support (970) 400-4357 Account: R8970291 September 6, 2023 Account Information R8970291 j 131314406002 Subdivision Block Lot Land Economic Area HEPP FARM AMEND 2 HEPP FARM AMD 2 Property Address ; City Property Agricultural 2023 9439 SILVER I FREDERICK BIRCH BLVD Buildings Actual i Assessed Value i I Value i 6,235 1,650 ip I Section Township S Range 14 Owner(s) IAccount I Owner Name I Address R8970291 3 GOOCH { 9043 SHENANDOAH AVE FREDERICK, CO 1 SARAH 1805045819 I R8970291 GOOCH BRENT Document History https://propertyreportweld.gov/?accou nt=R8970291 1/4 9/6/23, 10:32 AM Property Report Reception Rec Date Type j Grantor Grantee i I HEPP ; HEPP 4674675 01-22-2021 I PLT FARM FARM AMD2 AMD2 Doc Fee € Sale Date Sale Price 0.00 12-14-2020 *If the hyperlink for the reception number does not work, try a manual search in the Clerk and Recorder records. Use the Grantor or Grantee in your search. Building Information No buildings found. Valuation Information Description , Actual Value Assessed Value Acres , Land SqFt DRY FARM 4127 I LAND- 6,235 1,650 51.540 2,245,082 AGRICULTURAL I Totals - Comparable sales for your Residential or Commercial property may be found using our SALES SEARCH TOOL 6,235 I 1,650 s 51.540 I 2,245,082 Photo https://propertyreport.weld.gov/?account=R8970291 2/4 CLERK TO THE BOARD September 11, 2023 PHONE:(970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 8.0632 www.weld.gov SARAH AND BRENT GOOCH 9043 SHENANDOAH AVENUE FREDERICK, CO 80504-5819 RE: SCHEDULE NUMBER R8970291 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 9439 Silver Birch Boulevard, Frederick, Colorado 80504. The meeting is scheduled for Wednesday, October 4, 2023, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 0 Street, Assembly Room, Greeley, Colorado 80631. The Assessor is recommending that the Board approve your petition. You are not required to be present at this hearing; however, this is your opportunity to have your position heard, particularly if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4225. Sincerely, In OM Lid Jan Warwick Deputy Clerk to the Board jwarwick@weld,gov Enclosures: Copy of Petition for Abatement of Refund of Taxes cc: Weld County Assessor Jan Warwick From: Sent: To: Cc: Subject: Attachments: Good afternoon, Jan Warwick Wednesday, September 13, 2023 11:11 AM brent.gooch@gmail.com Chloe White NOTICE OF HEARING - Tax Abatement Petition - R8970291 Petition only R8970291.pdf This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 9439 Silver Birch Boulevard, Frederick, Colorado 80504. The meeting is scheduled for Wednesday, October 4, 2023, at 9:00 a.m. Please see the attached letter and copy of the petition form for further information (hard -copies to follow). Sincere regards, Jan Warwick Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4217 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weld.gov October 10, 2023 STATE OF COLORADO DIVISION OF PROPERTY TAXATION 1313 SHERMAN STREET, ROOM 419 DENVER, CO 80203 RE: PETITION FOR ABATEMENT OR REFUND OF TAXES - BRENT AND SARAH GOOCH To Whom It May Concern: Please review the attached documents, which include the original petition, a copy of the petition, two (2) copies of the resolution approved by the Weld County Board of Commissioners, and a copy of the back-up documentation supporting the petition. Tax Year(s): 2022 Parcel Number: 131314406002 Account Number: R8970291 If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4225. Sincerely, O0idatAwl-ciL Jan Warwick Deputy Clerk to the Board jwarwick@weld.gov 10/10/23, 11:21 AM FedEx Ship Manager - Print Your Label(s) Shipment Receipt Address Information Ship to: Ship from: Select or enter JAN WARWICK State of Colorado Division of Property Taxation 1150 O STREET RM 165 1313 Sherman Street, Room 419 DENVER, CO GREELEY, CO 80203 80631 US US 303-866-2371 9704004225 Shipment Information: Tracking no.: 773691773515 Ship date: 10/10/2023 Estimated shipping charges: 6.82 USD Package Information Pricing option: FedEx Standard Rate Service type: FedEx 2Day Package type: FedEx Envelope Number of packages: 1 Total weight: 0.40 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: Clerk to the Board SENDER NAME: Jan Warwick ADDITIONAL INFO: Deputy Clerk to the Board DEPARTMENT ORGANIZATION CODE: 10400 Thank you for shipping online with FedEx ShipManager at fedex.com. 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