HomeMy WebLinkAbout20212248.tiffCOUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number: R0455201
STIPULATION (As To Tax Year 2021 Actual Value)
RE PETITION OF :
NAME: Linda Jensen
ADDRESS: 302 Apache Place
Lochbuie, CO 80603
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2021 valuation of the subject property, and jointly move the
Board of Equalization to enter its order based on this Stipulation.
Petitioner (s) and Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
L0C 3HP L1 BLK5 HIGHPLAINS FG #3
2. The subject property is classified as residential.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2021 :
Total: $286,141
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2021 actual value for the subject property:
Total: $202,500
5. The valuation, as established above, shall be binding only with respect to tax
year 2021 .
6. Brief narrative as to why the reduction was made:
After further review the condition of the home and comps can support
a lower value
7. Both parties agree that:
nThe hearing scheduled before the Board of Equalization on 07/28/2021
at 1:00PM be vacated.
nA hearing has not yet been scheduled before the Board of Equalization.
R0455201
1
ASO (09
DATED this 26th day of July , 2021
s) or Ag n • r Attorney (Assistant) County Attorney for
Respondent, Weld County Board of
Commissioners
Address:
Telephone:
R0455201
Address:
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Telephone:(970).3a6-7235
ountWeputy Assessor
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 400-3650
2
NOTICE OF DETERMINATION
RECEIVED
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
JUL 2 3 2021
WELD COUNTY
COMMISSIONERS
Date of Notice: 6/30/2021
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM - 5:00PM
ACCOUNT
NO.
TAX
YEAR
TAX
AREA
LEGAL
DESCRIPTION/
PHYSICAL
LOCATION
R0455201
2021
0318
LOC 3HP L1 BLK5
302 APACHE PL
LOCHBUIE
HIGHPLAINS
FG #3
JENSEN LINDA
302 APACHE
LOCHBUIE,
S
PL
CO 80603-5714
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL
VALUE
REVIEW
PRIOR
TO
ACTUAL
VALUE
REVIEW
AFTER
RESIDENTIAL
286,141
286,141
TOTAL
286,141
286,141
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based on
the following:
Your property has been uniformly valued following Colorado law. Your protest of value has been
denied due to comparison of other similar properties which sold during the Jan 2019 to June 2020
time period.
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.
The deadline for filing real property appeals is July 15.
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies. The mill levy requested by each taxing
authority is based on a projected budget and the property tax revenue required to adequately fund
the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall.
If you are concerned about mill levies, we recommend that you attend these budget hearings.
Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities.
Please refer to the reverse side of this notice for additional information.
Agent (If Applicable):
15-DPT-AR
PR 207-08/13
R0455201
2021-2248
ASOOci
County Board of Equalization Hearings will be held from
July 26th through August 5th at 1150 O Street
To appeal the Assessor's decision, complete'the Petition to the County Board of Equalization shown
below, and mail, file online, or deliver a copy of both sides of this form to
Weld County Board of Equalization
1150 O Street, P O Box 758
Greeley, CO 80631
Telephone (970) 356-4000 ext, 4225
Online www co weld co us/appsl/cboe/
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 15 for real property — after such date, your right to
appeal is lost You may be required to prove that you filed a timely appeal, therefore, we
recommend that all correspondence be mailed with proof of mailing
You will be notified of the date and time scheduled for your hearing The County Board of
Equalization must -mail a written decision to you within five business days following me dateofThe--
decision The County Board of Equalization must conclude hearings and render decisions by August
5, § 39-8-107(2), C R S If you do not receive a decision from the County Board of Equalization and
you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by
September 10, § 39-2-125(1)(e), C R S
If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your
appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of
the following
Board of Assessment Appeals District Court
1313 Sherman Street, Room 315 Contact the District Court in the County
Denver, CO 80203 where the property is located See your
(303) 866-5880 local telephone book for the address and
www dola colorado oov/baa telephone number
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document
falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed
on the next business day, § 39-1-120(3), C R S
What is your estimate of the property's value as of June 30, 20209 (Your opinion of value in terms of a
specific dollar amount is required for real property pursuant to § 39-8-106(1 5), C R S )
$ \ $,OOe
What is the basis for your estimate of value or your reason for requesting a review (Please attach
additional sheets as necessary and any supporting documentation, i e , comparable sales, rent roll, original
installed cost, appraisal, etc )
��Q O vo - (‘ Q. Q Q
`�_ , ATTESTAf ON `'
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
and on any ahments hereto are true and complete
gnat e
-- --3 S\ -S L)7 - 1 t -V--
Telephone Number
Email Address
'Attach letter of authorization signed by property owner
Date
15-DPT-AR
PR 207-08/13
R0455201
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"J.C." MOORE, P.E., P.C.
CONSULTING STRUCTURAL ENGINEER
7050 WEST 120TH AVENUE SUITE #202
BROOMFIELD, COLORADO 80020-7604
PHONE (303) 465-5807
SUMMARY ENGINEERING EVALUATION REPORT
March 9, 2005
Linda Jensen
302 Apache Place
Lochbuie, Colorado 80603-5714
PROFESSIONAL ENGINEERING
SERVICES TO THE
CONSTRUCTION INDUSTRY
Re: Evaluation of the overall condition of your residence at
302 Apache Place, Lochbuie (Our Job No. 9704)
Dear Ms. Jensen:
On this date, I visually examined your home at your request; I
u se the word visually, because I did not conduct special non-
destructive tests or remove any finish materials to expose concealed
conditions.
I observed many deficiencies, and I wrote down twenty-eight
different lines of items on my field notes; some of these individual
lines identified multiple discrepancies. There were so many separate
deficiencies, I felt I would have had to take a lot of extra time to
write them down. Because you have advised me in subsequent telephone
conversations that conditions are worsening and new deficiencies are
o ccurring, it would not be productive to list what might amount to
over fifty different adverse conditions. Therefore, I feel it is
appropriate to summarize the conditions I saw and focus on addressing
and repairing your home, and for this reason, the word summary
appears in the heading of this report.
I was surprised to see your home in the overall poor condition,
considering that it was just over three months old. Observation of
the pressure -treated wood foundation and steel jack stands on
continuous concrete footings in the crawlspace did not reveal any
immediate serious structural problems, but it is certainly possible
that this foundation system may have shifted, settled, and "adjusted"
a small amount since it was originally constructed. There appeared
to be no strength or safety issues associated with the foundation.
Most of the deficiencies were associated with three major areas,
those being poor workmanship, defective and improper materials, and
assembly of the home in a very humid work environment. Merely
o bserving the many deficiencies revealed a poor workmanship in the
form of gaps and loose material. Some of the defective and improper
materials included exterior sealants that had already dried out and
cracked and baseboard molding that had shrank and warped. A majority
of the deficiencies appeared to be associated with the shrinkage of
both framing and finish materials in a manner that left me feeling is
that the entire home was constructed in a very humid environment
containing very moist materials which are now in the process of the
d rying out in the normal semi -arid Colorado climate. The drying out
process appeared to be so severe that many areas were both out of
level and out of plumb to where doors and windows were no longer
functional.
There appear to be two parties responsible for all of the
d eficiencies, with the manufacturer of your home, which you said was
S ummit Crest Homes, being the primary culprit; it is also possible
that the contractor that developed the site and erected the home,
which you said was Premier Community Homes (hereafter referred to as
"Premier"), could have contributed to some of the problems, in that
t hey may not have constructed the foundation properly or set up the
h ome in accordance with standard erection procedures. Any problems
P remier may have created are presently concealed. Therefore, the
focus on correcting the existing deficiencies should be directed,
t oward Summit Crest.
I recommend that Premier should come out as soon as possible to
✓ aise, lower, and relevel your home by adjusting the jack stands and
inserting or removing other appropriate devices that stabilize the
structure; they should use a laser level or computer level and any
o ther equipment necessary to make your home level and plumb. When I
was in your home, I advised you that I thought Premier should perform
this work in the middle of June because this time of the year is
normally at the end of what is considered to be the rainy season, but
since you have repeatedly stated that conditions are worsening almost
e very day, this work should be performed in the next few weeks. This
work should also be performed before Summit Crest comes and corrects
all of the other deficiencies, because Premier's work could damage
S ummit Crest's work if it was performed after Summit Crest finished
their work.
After the work described in the previous paragraph is completed,
S ummit Crest should commence performing extensive work on both the
e xterior and interior; their work should include the replacing all
d efective exterior sealant with a new silicone, replacing all
baseboard molding with new cured pine material, and replacing all
framing and finish materials that have shrank an excessive amount.
Their work should also include realigning all doors and windows so
that they are completely functional, as you have indicated and I have
o bserved some of then to not be locking or working properly. I had
o riginally advised you that I thought this repair work should be
deferred to this fall, but again, because conditions are continuing
to worsen, this work should be commenced sooner and diligently
monitored.
I wish to take this opportunity to state that you and I
discussed in a recent telephone conversation another option in lieu
o f having all of the extensive anticipated repair work performed by
both Summit Crest and Premier, that option being a legal term known
as "rescission." In order for rescission to occur, you would have to
✓ etain an attorney to rescind the original contract you signed to
purchase this home, with Premier essentially buying back your home
and appropriate monetary adjustments made during this process. If
your home continues to develop deficiencies that diminish its value
and function, and Summit Crest and Premier do not address all the
deficiencies to your satisfaction, rescission may be the only viable
option you left for other than suing them and using the monies
awarded to you to retain firms that can permanently repair your home.
In summary, your home is a "mess," and an extensive amount of
repair work needs to be performed to restore it to a very
satisfactory condition which will enable it to be fully functional
and enable you to obtain maximum value on the real estate market
whenever it might be sold.
The comments and recommendations in this report are based solely
upon visual inspection of the residence where observation was not
p P
restricted by finish materials or furnishings. No tests or
g
en ineerin measurements were made as a part of this inspection, and
engineering
the recommendations are based upon engineering interpretations of
conditions observed and experienced in the design and evaluation of
similar structures. The recommendations in this report are intended
to correct obsBrvable deficiencies. There is, however, no warranty
p
implied or specific, that these corrections will permanently correct
P
the or prevent revent future problems. If conditions not identified
problems
in this report are discovered during subsequent inspections or repair
work, this engineer should be contacted for appropriate re-evaluation
and recommendations.
Thank you for retaining me to perform this engineering evaluation
service.
Very truly yours,
O
4.
JOHN C. G. MOOR . E.
Date signed: April 15, 200-0p CO ,
Wet -stamped copies: 4
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1023
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U.S. POSTAGE PAID
FCM LG ENV
BRIGHTON, CO
80601
JUL 14, 21
AMOUNT
$1.20
R2305E126161-09
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RECEIVED
JUL 232021
WELD COUNTY ASSESSOR
GREELEY, COLORADO
July 23, 2021
Petitioner:
JENSEN LINDA S
302 APACHE PL
LOCHBUIE, CO 80603-5714
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBS ITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2021-2248, AS0109 Appeal 2008230352 Hearing 7/28/2021 1:00 PM
Account(s) Appealed:
R0455201
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of July 28, 2021, at or about the hour of 1:00
PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado.
You have a right to attend this hearing and present evidence in support of your petition. The Weld
County Assessor or his designee will be present. The Board will make its 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 5, 2021, and mailed to
you within five (5) business days.
Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10
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.
If you wish to discuss your value with the Assessor's Office, please call them at (970) 400-3650. If
you wish to obtain the data supporting the Assessor's valuation of your property, please submit a
written request directly to the Assessor's Office by emailing assessor@weldgov.com or sending a
fax to (970) 304-6433. Upon receipt of your written request, the Assessor will notify you of the
estimated cost of providing such information. Payment must be made prior to the Assessor
providing such information, at which time the Assessor will make the data available within three (3)
working days, subject to any confidentiality requirements.
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
LPLIs./o:yf G'i.
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Assessor
From: Chloe Rempel
To: CTB-County Board of Equalization
Subject: R0455201 - Hearing Scheduled Communication
Date: Friday, July 23, 2021 12:41:38 PM
Attachments: image001.jpg
Good morning,
We received an appeal from Linda Jensen today, which was postmarked by the deadline.
Because of the short turnaround time for residential property hearings, and because Ms.
Jensen did not provide an email address for me to use in fast -tracking her schedule letter,
have called and left a voicemail with the hearing date, time, and location.
Sincere regards,
Chloe A. Rempel
Deputy Clerk to the Board Supervisor
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel: (970) 400-4213
Email: crempel@weldgov.com
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.
August 5, 2021
Petitioner:
JENSEN LINDA S
302 APACHE PL
LOCHBUIE, CO 80603-5714
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2021-2248 Appeal 2008230354 Hearing 8/5/2021
Dear Petitioner:
On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and
acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of
the Weld County Assessor's valuation of your property described above, for the year 2021.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R0455201 Stipulated - Approved
Stipulated Value
$286,141 $202,500
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30)
days of the date the denial is mailed to you. You must select only one of the following three (3)
options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of
Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board
will be the last time you may present testimony or exhibits or other evidence, or call witnesses in
support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to
the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your
hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate
court.
All appeals to the Board of Assessment Appeals filed after August 10, 2021, MUST comply with the
following provisions of C.R.S. §39-8-107(5):
(5)(a)(I) On and after August 10, 2021, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals
pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall
provide to the County Board of Equalization or to the Board of County Commissioners of the County in the
case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subsection (5)(a)(I) of this paragraph (a) within
ninety days after the appeal has been filed with the Board of Assessment Appeals.
(b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the
County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an
appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's
request, the following information:
(A) The primary method used by the county to determine the value of the subject property; and
(B) The rates used by the county to determine the value of the subject property under the method identified
in accordance with subsection (5)(b)(l)(A) of this section.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move
the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the County Attorney and shall be
accompanied by a certification that the County Assessor or the County Board of Equalization has in good
faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action
by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c)
and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders
in regard to the noncompliance as are just and reasonable under the circumstances, including an order
dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer
shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest
shall resume as of the date the contested information has been provided by the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be
mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to
you.
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: (303) 864-7710
Email: baa@state.co.us
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the
first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent
must pay a fee of $101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the
District Court of the county wherein your property is located: in this case that is Weld County District
Court. A hearing before The District Court will be the last time you may present testimony or exhibits
or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is
further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado
appellate review and C.R.S. §24-4-106(9), govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this
option, the arbitrator's decision is final and you have no further right to appeal your current
valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization within 30 days that you will
pursue arbitration. You and the Board of Equalization will 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 (i.e. Weld) will select the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the
date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of
Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator
has the authority to issue subpoenas for witnesses, books, records documents and other
evidence pertaining to the value of the property. The arbitrator also has the authority to
administer oaths, and determine all questions of law and fact presented to him. The
arbitration hearing may be confidential and closed to the public if you and the Board of
Equalization agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the
Board of Equalization. In the case of residential real property, the fees may not exceed
$150.00 per case. For cases other than residential real property, the arbitrator's total fees
and expenses are agreed to by you and Board of Equalization, but are paid by the parties as
ordered by the arbitrator.
If you have questions concerning the above information, please call me at (970) 400-4226.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
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