HomeMy WebLinkAbout20132076August 8, 2013
.oUNTY
COOK I G & MARY ANN TRUST
309 S JOSEPHINE AVE
MILLIKEN, CO 80543
CLERK TO THE BOARD
PHONE (970) 336-7215, EXT 4226
FAX (970) 352-0242
WEBSITE: www.co.weid.co.us
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
RE: THE BOARD OF EQUALIZATION 2013, WELD COUNTY COLORADO
APPROVAL OF STIPULATION BETWEEN PETITIONER AND ASSESSOR
ACCOUNT NO.: R4577286
Dear Petitioner:
On August 01, 2013, the Board of County Commissioners of Weld County Colorado
convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq.,
considered your request to approve and adopt a valuation of your property arrived at by a
Stipulation between you and the Weld County Assessor, for the year 2013.
The Board of Equalization found that the evidence presented at the hearing supported the
stipulated value placed upon the above -described property as set forth below. Such evidence
indicated the value was reasonable, equitable, and derived according to the methodologies,
percentages, figures and formulas dictated by law.
ACTUAL VALUE AS STIPULATED VALUE
DETERMINED BY ASSESSOR APPROVED BY BOARD
$61,250.00 $59,000.00
The above 'Stipulated Value' is the value which will be used in the calculation of your property
taxes for 2013. This value is not appealable.
If you have questions concerning the above information, please call me at (970) 336-7215,
Ext. 4226.
Very truly yours, ,� e
Esther E. Gesick, Deputy Clerk
Weld County Board of County Commissioners
Cc: Christopher Woodruff, Weld County Assessor
DOWNEY & ASSOCIATES
383 INVERNESS PARKWAY SUITE 300
ENGLEWOOD, CO 80112
cc; ref
2013-2076
AS0085
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number R4577286
STIPULATION (As To Tax Year_2013_ Actual Value)
RE PETITION OF :
NAME: COOK I G & MARY ANN TRUST
ADDRESS: 1009 Broad St.
Milliken
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2013 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:
L14-15-16 BLK39
2. The subject property is classified as Commercial property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2013:
Total $61,250.00
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2013 actual value for the subject property:
Total $59,000.00
5. The valuation, as established above, shall be binding only with respect to tax
year 2013.
6. Brief narrative as to why the reduction was made:
Actual income indicated an adjustment.
7. Both parties agree that:
The hearing scheduled before the Board of Equalization on (Date) at
(Time) be vacated.
MA hearing has not yet been scheduled before the Board of Equalization.
R4577286
1
2013-2076
DATED this 10 day of July, 2013.
P ti Attorney for Petitioner rey
Attorney Reg. No. 9686
DOWNEY & ASSOCIATES, PC
383 Inverness Parkway
• Suite 300
Englewood, CO 80112
Telephone: O 8I5 III/
Docket Number n/a
Stip-1.Frm
R4577286
AAssistant) County ttorney for
Respondent, Weld County Board of
Commissioners
Address:
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Telephone:(970) 336-7235
tad
County As
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext. 3697
ssor
2
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
ACCOUNT NO.
TAX YEAR
TAX AREA
LEGAL DESCRIPTION/ PHYSICAL LOCATION
R4577286
2013
2821
MIL 22037 L14-15-16 BLK39 1009 BROAD ST
MILLIKEN, CO
PROPERTY OWNER
COOK I G & MARY ANN TRUST
309 S JOSEPHINE AVE
MILLIKEN, CO 80543
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
COMMERCIAL
61,250
61,250
TOTAL
$61,250
$61,250
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:
CM05 - The law requires that al/ of 2011 and the first 6 months of 2012 data be used to establish
current values. We have considered all (3) three approaches to value in arriving at your current
valuation. We have denied your appeal based upon this data.
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.
Date of Notice: 6/27/2013
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00 AM - 5:00 PM
Please refer to the reverse side of this notice for additional information.
DOWNEY & ASSOCIATES
383 INVERNESS PARKWAY SUITE 300
ENGLEWOOD, CO 80112
RECEIVED
JUL 10 2(1`s:a
WELD COUNT
COMMtT-SK)NERS
15-DPT-AR
PR 207-08/13
R4577286 17991
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 1 through August 5 at 1400 N 17 AVE.
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown
below, and mail 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
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 the date of the
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 12, § 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.gov/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.
PETITION TO COUNTY BOARD OF, EQUALIZATION
What is your estimate of the property's value as of June 30, 2012? (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.)
$ J9,12c
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.)
See Attached
ATTESTATION
I, the undersigned owner or agents° of the property identified above, affirm that the statements contained
he in and on nqattachment$.Cereto are true and complete.
kifreco
Attorney for Petitioner
Attorney Reg. # 9686
Email tornfi down evlaw PC.com
$60-e/g-I t /
Telephone Number
50 Attach letter of authorization signed by property owner.
Date
Address
15-DPT-AR
PR 207-08/13
R4577286 17991
EXHIBIT "A"
ATTACHMENT TO COUNTY BOARD OF EQUALIZATION PETITION OF
1009 BROAD ST., MILLIKIN, CO - SCHEDULE/PARCEL NO. 105911131008
1. The Assessor has failed to give appropriate consideration to all the requisite approaches
to valuation in determining the value of the property.
2. The current year actual value assigned by the assessor does not reflect the actual value of
the subject property during the 18 month period ending June 30, 2012.
3. Upon consideration of all the approaches to value, values given to comparable land and
improvements and upon consideration of the requirements of Colorado law that require
that assessments be uniform, just and equitable, a reduction in the current year actual
value of this property is warranted.
4. The subject property consists of a 1,152 sf building used as a post office.
5. The attached analysis by McIntosh & Associates, which is based on the actual rental
income generated by the property, indicates that the assigned value for 2013 is excessive
and should be reduced from $61,250 to the Target Income Value of $57,120.
6. Petitioner respectfully requests that the value of the subject property be reduced to
$57,120.
7. Pursuant to C.R.S. § 39-8-107(3), Petitioner requests that the Assessor supply all data
supporting the Assessor's determination of actual value to the undersigned no later than
two working days prior to the CBOE hearing.
McIntosh & Associates, LLC
1009 Broad St.
County:
Parcel:
Bldg Area
Income Approach
per SF
Potential Gross Income $ 5,712 $ 4.96 Per Lease
Vacancy & Collection Loss $
Effective Gross Income $ 5,712
Operating Expenses $ (571) $ 0.50 10% Management Fees and other Operating Expenses
Net Operating Income $ 5,141
Capitalization Rate 9.00% (Includes real estate taxes)
Weld
105911131008
1,152
Indicated Value $ 57,120 $ 50
FMV Assessment $ 61,250 $ 53
Assessment $ 17,763
Assessment Ratio 29%
Notes:
* Operating expenses include: management fees, leasing fees, insurance and reserve for replacements
* Overall postal service revenues are declining due to changes in technologies. The Postal Service
is currently reviewing consolidation opportunities, which may affect their space needs around the
country. This property is currently being reviewed.
QA
DOWNEY&ASSOCIATES, Pc
A PROFESSIONAL CORPORATION
July 9, 2013
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
303 8131111
Re: Account Nos. R2808386; R2810886 and R2810986 — CSA 19
Riverwalk Square LLC, Greeley, CO
Account No. R4577286 —1009 Broad St., Milliken, CO
Account No. R7411598 — 650 Glen Creighton Dr., Dacono, CO
Account No. R2291686 -1701 23rd Ave., Greeley, CO
Account No. R3575305 — 385 Justine Ave., Platteville, CO
Account No. R0276895 -100 Johnstown Ctr., Johnstown, CO
Account No. R6295986 — SG TRUST — 726 Baseline Pl.,
Brighton, CO
Dear Clerk to the Board:
We represent the owners of the above referenced real property ("Subject Property") in
Weld County. Enclosed are the Petitions to the Board of Equalization protesting the denials, or
inadequate adjustments, by the Weld County Assessor.
I will not be available for hearings on July 15, July 25 and August 5, 2013.
Please direct the Notice of Hearing on this matter to the undersigned.
Petitioner, pursuant to C.R.S.§ 39-8-107(3), respectfully requests that the Assessor
provide all data supporting the assessor's determination of actual value on these parcels to the
undersigned no later than two working days prior to the CBOE hearing.
Thank you for your cooperation in this regard. Should you have questions, please call.
Very truly yours,
TED/ss
Enclosures
Thomas E. Downey, Jr
383 Inverness Parkway o Suite 300 Englewood, Colorado 80112 D fax 303 813-1122
www.downeylawpc.com
o www.coloradopropertytaxattorney.com
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