The URL can be used to link to this page

Browse Search

Home My WebLink About20132206August 6, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 LN REAL ESTATE LLC C/O THOMSON REUTERS PO BOX 460069 HOUSTON, TX 77056 RE: THE BOARD OF EQUALIZATION 2013, WELD COUNTY, COLORADO ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRMATION OF ASSESSOR'S VALUE ACCOUNT NO.: R0208287 Dear Petitioner: On August 02, 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 for an Administrative Denial of your petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2013. The Assessment and valuation is set as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY ASSESSOR SET BY BOARD $476,002.00 $476,002.00 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. Section 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. cc. Al 2013-2206 AS0085 All appeals to the Board of Assessment Appeals filed after August 10, 2013, MUST comply with the following provisions of C.R.S. Section 39-8-107(5): (5)(a)(I) On and after August 10, 2013, 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 section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 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 subparagraph (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) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (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. 2013-2206 AS0085 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 303-866-5880 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. Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 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. Section 39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization 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 fess 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. 2013-2206 AS0085 If you have questions concerning the above information, please call me at (970) 336-7215, Ext. 4226. Very truly yours, Esther E. Gesick, Deputy Clerk Weld County Board of County Commissioners Cc: Christopher Woodruff, Weld County Assessor RYAN 5251 DTC PARKWAY ONE DTC SUITE 1045 GREENWOOD VILLAGE, CO 80111 2013-2206 AS0085 p(C[ 1,o Ai `e°CS- C'c2, ( f NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 Date of Notice: 6/27/2013 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM ACCOUNT NO. AX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R0208287 ut a O a 2013 2309 LN REAL ESTATE LLC C/O THOMSON REUTERS PO BOX 460069 HOUSTON, TX 77056 RAD 1-10 L10 BLK1 RADEMACHER SUB , PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 476,002 476,002 TOTAL $476,002 $476,002 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 all 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. Please refer to the reverse side of this notice for additional information. RYAN 5251 DTC PARKWAY ONE DTC SUITE 1045 GREENWOOD VILLAGE, CO 80111 RECEIVED JUL 1 7 {3 WELD COUNTY COMIO'nr.1�1NIFReS 2013-2206 15-DPT-AR PR 207-08/13 R0208287 17550 ProBuild- FULL SERVICE Longmont -4058 Camelot Cir 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.qov/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.) $ 420,204 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.) The property is valued in excess of fair market value based on the three approaches to value; cost, market and income. In addition, the property is valued in excess of other similarly situated properties. ATTEST TION I, the 7ersigne.• � or agentZUt of the property identified above, affirm that the statements contained her ments hereto are true and complete. " (720)524-0022 July 15,2013 at jerad.larkin@ryan.com Telephone Number Date Email 207 Attach letter of authorization signed by property owner. Address 15-DPT-AR PR 207-08/13 R0208287 17550 FROMM LETTER OF AUTHORIZATION FOR PROPERTY TAX REPRESENTATION LN Real Estate LLC Property Owner R0208287 & R8372200 4058 Camelot Cr Subject Property Weld County CO Jurisdiction and State 2013/2014 Year This letter authorizes Ryan, LLC and its affiliate, Ryan Tax Compliance Services, LLC to represent the above -named property as its authorization includes, but not limited property filing property rendtax agent in the itions or returns; signing and tilinrisdiction and state named g appeals; This examining property tax records; and, appearances before the assessor, boards ofw or other governmental agencies responsible for the assessment of property. equalization or review, if there are any questions concerning this authorization please contact the following: Jerad Larkin at (303)2924207 or jerad.Iarkkrtiffrvan.cont A copy of any application or appeal attached to this authorization has been provided to the undersigned property owner. A facsimile or scanned image of a signature below shall constitute an origins signing of this authorization and the document containing the original signature will be submitted upon request This authorization shall remain effective as long as permitted by law or until revoked M vatkig by the owner. The person signing below certifies that they are a duly appointed officer, representative or agent of the owner and that they have the legal capacity to execute this authorization. Properly�Owner. S Po -F T -on Join MI''jjhhs Printed 1We Title Sworn and subscribed before me this a* day of April x 2013. ProBuild Date Notary Public My commission expires: KENNETH DALE Notary Fuoilc State of Colorado My Commission Expires January 04, 2016 �- y -2o/4 7595 Technology Way, Fifth floor • Denver, CO 80237 • 303-262-8500 FlYa innovative Solutions to Taxing Problems. July 15, 2013 CERTIFIED RETURN RECEIPT 7011 1150 0001 8720 8486 Weld County Board of Equalization 1150 O Street, PO Box 758 Greeley, CO 80631 Re: 2013 Property Protests 5251 DTC Parkway One DTC Suite 1045 Greenwood Village, CO 80111 Tel. 720.524.0022 Fax 720.524.0651 www.ryan.com End osed are the 2013 Objection to Real Property Asscsrxnents for the fol I owing taxpayers and parcels numbers: Taxpayer LN Real Estate LLC LN Real Estate L LC New Windsor Station LLC New Windsor Station LLC New Windsor Station LLC New Windsor Station LLC NEW WINDSOR STATION LLC NEW WINDSOR STATION LLC REALTY INCOME CORPORATION Western Equipment Truck Inc Inlaid PAD Hudson Asanates, LLC Parcel R0208287 R8372200 R2429803 R2429903 R2430003 R2430303 R2431003 R2431103 120723202014 096124201001 R6775763 If you have questions, or need additional information, please contact Mr. Ian James at (720) 524- 0022. Sincerely, M i clef l e Turner Senior Analyst Ln CERTIFIED M 5251 DTC Parkway Greenwood Village, Colorado 80111 7011 1150 0001 8720 8486 a c _ 0 M N O CD c c 000 cti O o a 0 U W w O J o O ° OOO July 22, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 LN REAL ESTATE LLC CIO THOMSON REUTERS PO BOX 460069 HOUSTON, TX 77056 Account No.: R0208287 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 02, 2013, at or about the hour of 2:15 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, 2013, and mailed to you on or before August 12, 2013. 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 obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. 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. AS0085 LN REAL ESTATE LLC - R0208287 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 Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor RYAN 5251 DTC PARKWAY ONE DTC SUITE 1045 GREENWOOD VILLAGE, CO 80111 AS0085 ovative Solutions Toning Problems, AUG Or. 2013 tgvaaD COUN y , .SSES R CliNtiFLRY, CO1...O,f5,s1..00 I am requesting an administrative denial on the following appeal: Parcel Number: 1207-23-2-02-010 County: Weld Jerad Larkin Tax Agent Contact Information: Jerad Larkin (720) 524-0022 Jerad.larkin@ryan.com 5251 DTC Parkway Suite 1045 Greenwood Village, Co 80111 Tammy Waters From: Wade Melies Sent: Thursday, August 01, 2013 3:52 PM To: Courtney Anaya; Tammy Waters Subject: FW: LN Real Estate Attachments: Message from "RNP371 B42"; Message from "RNP371 B42" Stip and Admin Deny From: Larkin, Jerad [mailto:Jerad.Larkin@ryan.com] Sent: Thursday, August 01, 2013 3:49 PM To: Wade Melies Cc: Eisenach, Audria Subject: RE: LN Real Estate Hi Wade, Attached is the signed reduction & admin deny. We will also mail out the original copies to the below address. Have a great day. Thanks, Jerad From: Wade Melies [mailto:wmelies@co.weld.co.us] Sent: Thursday, August 01, 2013 3:24 PM To: Larkin, Jerad Subject: RE: LN Real Estate Jerad Please send an email Admin Deny R0208287. If you can get a signed scanned copy to asap that would be great. If you would still send an original signed copy to : Weld County Assessor's Office 1400 N. 17th Avenue Greeley, CO 80631 Thank you. Wade Wade J. Melees Commercial Appraiser Weld County Assessor's Office 970-353-3845 ext 3672 wmeliesAco.weld.co.us 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. From: Larkin, Jerad [mailto:Jerad.Larkin@ryan.com] Sent: Thursday, August 01, 2013 3:11 PM To: Wade Melies Subject: RE: LN Real Estate Hi Wade, The client is in agreement. Please send the document when you are available. Thanks, Jerad From: Wade Melies [mailto:wmelies@co.weld.co.us] Sent: Thursday, August 01, 2013 2:41 PM To: Larkin, Jerad Subject: RE: LN Real Estate Thanks Jerad. Please call me. Wade Wade J. Melies Commercial Appraiser Weld County Assessor's Office 970-353-3845 ext 3672 wmeliesRco.weld.co.us 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 2 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. From: Larkin, Jerad [mailto:Jerad.Larkin@rvan.com] Sent: Thursday, August 01, 2013 2:27 PM To: Wade Melies Subject: RE: LN Real Estate Hi Wade, As requested, please see attached lease that the client has allowed me to share with you. As mentioned in our conversation yesterday, it is not the entire lease in whole, but the main pages that will hopefully answer your questions. Let me know if you have any questions. Thanks, Jerad From: Wade Melies [mailto:wmelies©co.weld.co.us] Sent: Thursday, August 01, 2013 9:53 AM To: Larkin, Jerad Subject: RE: LN Real Estate Thanks Jerad. From: Larkin, Jerad [mailto:Jerad.Larkin@ryan.com] Sent: Thursday, August 01, 2013 9:47 AM To: Wade Melies Subject: RE: LN Real Estate Hi Wade, I'm following up with you again regarding the lease request. I have still not heard a response from the client, and sent them another email explaining that I will be sending the lease this afternoon unless I hear otherwise. Thanks, Jerad Jerad Larkin Senior Associate Consultant Ryan 5251 DTC Parkway Suite 1045 Greenwood Village, CO 80111 ]erad.larkin(c ryan.coan Phone: 720.524.0022 www.ryan.00m From: Wade Melies [mailto:wmelies©co.weld.co.us] Sent: Wednesday, July 31, 2013 4:22 PM 3 To: Larkin, Jerad Subject: RE: LN Real Estate Jerad If the lease turns out to be arm length, then we full agree to the income approach. You figure is $3,837,000 mine is $3,907,872. The difference is when we use actual rent vacancy is included. So, if the lease is arms length, how about a stipulation to $3,850,000. Wade From: Larkin, Jerad [mailto:Jerad.Larkin@ryan.com] Sent: Wednesday, July 31, 2013 4:03 PM To: Wade Melies Subject: RE: LN Real Estate Hi Wade, I just wanted to send a quick follow-up email with you regarding the request for the lease. I have reached out to the client asking to submit it to the county and am just waiting for a response. I informed them that this is needed ASAP. Thanks, Jerad Jerad Larkin Senior Associate Consultant Ryan 5251 DTC Parkway Suite 1045 Greenwood Village, CO 80111 jerad.larkin(@ryan.com Phone: 720.524.0022 www.ryan.com From: Wade Melies [mailto:wmelies@co.weld.co.us] Sent: Wednesday, July 31, 2013 2:58 PM To: Larkin, Jerad Subject: LN Real Estate Jerad Here is what I am using. Comparable Lease 4051 Camelot Cir 36,492 s.f. $8.70 NNN 4001 S Valley Drive 28,700 s.f. $6.80 NNN 4005 N Valley Dr. 29,080 s.f. $4.50 NNN Please call me when you've reviewed this. Wade Wade J. Melies 4 Commercial Appraiser Weld County Assessor's Office 970-353-3845 ext 3672 wmeliesco.weld.co.us 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. ************************************************************************** Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message, and notify us immediately. If you or your employer do not consent to Internet email messages of this kind, please advise us immediately. Opinions, conclusions and other information expressed in this message are not given or endorsed by my firm or employer unless otherwise indicated by an authorized representative independent of this message. ************************************************************************** 5 Hello