HomeMy WebLinkAbout20122038.tiff CLERK TO THE BOARD
1861 � PHONE (970) 336-7215, EXT 4226
- FAX .co. 35 .co.us
WEBSITE: ww (97 ) 352 0242
1150 O STREET
P.O. BOX 758
11 O N T Y GREELEY CO 80632
August 2, 2012
MONFORT RICHARD L
3502 W 10 ST
GREELEY, CO 80634
RE: THE BOARD OF EQUALIZATION 2012, WELD COUNTY, COLORADO
ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRMATION OF
ASSESSOR'S VALUE
ACCOUNT NO.: R7102098
Dear Petitioner:
On July 31, 2012, 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 2012.
The Assessment and valuation is set as follows:
ACTUAL VALUE AS ACTUAL VALUE AS
DETERMINED BY ASSESSOR SET BY BOARD
$736,625.00 $736,625.00
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.
71soe,8c?
2012-2038
All appeals to the Board of Assessment Appeals filed after August 10, 2011, MUST
comply with the following provisions of C.R.S. Section 39-8-107(5):
(5)(a)(I) On and after August 10, 2011, 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.
2012-2038
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.
2012-2038
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
PROPERTY TAX ADVISORS INC
3090 SOUTH JAMAICA COURT
SUITE 204
AURORA, CO 80014
2012-2038
Tonya Disney
From: Courtney Anaya
Sent: Wednesday, July 25, 2012 11:23 AM
To: Tonya Johnson; Esther Gesick
Subject: FW: R7102098 Kenny's Restaurant
R\thu I7lo✓ -(or-
FYI
Courtney Anaya
Assistant Analyst
Weld County Assessor's Office
(970) 353-3845 ext. 3670
canaya@co.weld.co.us
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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: Noel Lawrence
Sent: Wednesday, July 25, 2012 11:17 AM
To: Courtney Anaya
Subject: FW: R7102098 Kenny's Restaurant
See below
From: Dariush Bozorgpour mailto:dbozor@yahoo.com]
Sent: Wednesday, July 25, 2012 11:16 AM
To: Noel Lawrence
Subject: Re: R7102098 Kenny's Restaurant
Noel,
I would like to request an administrative denial for the 2012 appeal filed to the County Board of Equalization on
account number R7102098.
Thank you,
Dart Bozorgpour
Property Tax Advisors, Inc.
(303) 368-0500
From: Noel Lawrence <nlawrence(a co.weld.co.us>
To: "dbozor(a yahoo.com" <dbozoryahoo.com>
Sent: Tuesday, July 24, 2012 9:47 AM
Subject: R7102098 Kenny's Restaurant
1
Here is the market analysis(along with comp sales sheets)and an income analysis that I've worked up. Feel
free to get back with me with any questions or comments.
Respectfully,
Noel-Lawrence
Commercial Appraiser
Assessor's Office
1400 N 17th Avenue
Greeley, CO 80631
970-353-3845 ext.3695
r
.' Tf
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.
2
CLERK TO THE BOARD
1861 PHONE (970) 336-7215, EXT 4226
FAX (970) 352-0242
Illr 1150 O STREET
�\ P.O. BOX 758
xeyGREELEY CO 80632
COUNTY
July 20, 2012
MONFORT RICHARD L
3502 W 10 ST
GREELEY, CO 80634
Account No.: R7102098
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 01, 2012, 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, 2012, and mailed to you on or before August 12, 2012.
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.
AS0082
MONFORT RICHARD L - R7102098
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
PROPERTY TAX ADVISORS INC
3090 SOUTH JAMAICA COURT
SUITE 204
AURORA, CO 80014
AS0082
EST. NINETEEN HUNDRED & EIGHTY SEVEN
WELD(�p� p OD 1. li;.`1 11fl ��� 11V1u�1�0 '
COMMlSS,ID}}�p� INC
peeiu/,v'ny`rlf,oo[o,ad Commc,c,ar7i-pevey os Thresh
1011 JUL lb A II: 30
RECEIVED
7/11/2012
Weld County Board of Equalization
1150 O Street
P.O. Box 758
Greeley, CO 80631
Enclosed are 2012 protests. Please date stamp the attached list of filings and fax or
mail back to:
Property Tax Advisors, Inc.
3090 S. Jamaica Ct., STE 204
Aurora, CO 80014
Fax: (303)368-0573
Thank you in advance for your attention to this matter.
Very truly yours,
cit/Cityn dt:411-e,
Fran Fisher
Office Manager
contact@property-tax-advisors.corn p.303.368.0500 3090 S.Jamaica Court.Suite 4204
I 303.368.0573 Aurora,Colorado 80014
www properly-tas adti arn.au,
Status
Fle# Property0wner County Schedule# PropertyAddress Status
4695 Monfort, Richard L Weld R7102098 3502 W. 10th St. F-CBOE/NR
4701 4076 Specialty PI LLC Weld R0258195 4076 Specialty Pl. F-CBOE/NR
Wednesday,July 11,2012 Page 1 of 1
NOTICE OF DETERMINATION
WELD COURPJIED
Christopher M. Woodruff OMMISSIONER$ Date of Notice: 6/27/2012
Weld County Assessor Telephone: (970) 353-3845 or(720) 652-4255
1400 N 17th Ave 2�I2 JUL lb A II: 3 ax: (970) 304-6433
Greeley, CO 80631 t-mail: appeals@weldgov.com
www.weldgov.com R F CE j E D Office Hours: 8:00 AM - 5:00 PM
SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/
PHYSICAL LOCATION
R7102098 2012 0600 GR BSN-1R L 1 BITTERSWEET NORTH 1ST
REP L A===
M0NF0RT RICHARD L 3502 W 10 ST, GREELEY
3502 W 10 ST
tGREELEY,CO 80634
W
K
6
ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER
REVIEW REVIEW
COMMERCIAL 736,625 736,625
TOTAL $736,625 $736,625
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:
Upscale Steakhouse valued at$125/sf. Outback Restaurant sold for$186/sf. The
comparables provided are all inferior properties in less appealing part of Greeley. Income
approach should be based on estimated rent in $11-12 range.
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 deadline for filing personal property appeals is July 20.
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.
PROPERTY TAX ADVISORS INC
3090 SOUTH JAMAICA COURT 15-oPT-AR
PR 207-08/11
SUITE 204 R7102098 15300
AURORA, CO 80014
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from July 1 through August 3
at 1150 O Street, P.O. Box 758, Greeley, CO
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 and on or before July 20 for
personal 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 9th Avenue and 9th Street
Denver, CO 80203 P.O. Box C
(303) 866-5880 Greeley, Colorado 80632
www.dola.colorado.gov/baa (970) 356-4000 Ext. 4520
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, 2010? (Your opinion of value in terms of
a specific dollar amount is required for real prope pursuant to§39-8-106(1.5), C.R.S.)
$_-�- 0 ` 30
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.)
ATTESTATION 0I, t ndersigned owner or agent' of the property identified above, affirm that the statements contained
h ein nd on any a�gghments hereto are true and complete.
� /S '_ 3— 3f8'-oSuo 7 se v
Signature Telephone Number Date
? 1d LijjareCr011
E ail Address
-
ess
'Attach letter of authorization signed by property owner.
Property Tax Advisors,Inc. (303)368-0500
3090 S. Jamaica Ct., Suite 204 FAX(303)368-0573
Aurora, Colorado 80014
CONSULTANT - AGENCY AGREEMENT
Xa Corporation
Property Owner: Monfort,Richard L a Partnership
as Individuals
County: Weld a Trust
P.I.N. Property Address
R7102098 3502 W 10 St
The undersigned hereby appoints and authorizes Property Tax Advisors,Inc.as its Agent and Consultant in the preparation and
execution of a real estate valuation appeal(s)on behalf of the undersigned in regard to the above enumerated property(ies)for the
assessment year 2012 and for the prior two years. The undersigned further authorizes Property Tax Advisors,Inc.,as Agent of the
undersigned,to execute and cause to be filed on behalf of the undersigned,in the name of the undersigned,any and all documents
relating to an appeal of the subject property's(ies')valuation(s).
This agreement is executed this day of ]qt( , 20/2 .
BY -
Print ame: trc K 1 l� , ,---t\t Title: 0C-0 PC
(2' (If Corporation, your title; (or) Owner, General Partner,
Telephone No.: q 70) 3 ` 5-NoeLessee, Power of Attorney,Trustee, etc.)
FaxNo.: 70) e S — O'cl1
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