HomeMy WebLinkAbout20121121.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND
OF TAXES - NICOLAE, LLC
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, at
a duly and lawfully called regular meeting held on the 30th day of April, 2012, at which meeting
there were present the following members: Chair Sean P. Conway, and Commissioners William
F. Garcia, Barbara Kirkmeyer, David E. Long, and Douglas Rademacher, and
WHEREAS, notice of such meeting and an opportunity to be present has been given to
the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being
present, and taxpayer, Nicolae, LLC, 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, denied, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$0.00 $0.00 2009
$0.00 $0.00 2010
Q_t (\3R ,QeA Ac'
2012-1121
AS0081
TAX ABATEMENT PETITION - NICOLAE, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of April, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:�j � cR —'
Sean P • onway, Chair
Weld County Clerk to the Boyce "'a
liam F. = cia, Pro-Te
titBY:
s•� '
Deputy r erk to the Bo.fi" iiwr
r arKirkmeyer
AP O RM:
vid E. Long � I
ounty Attorney out 6a") �WOC
iki
Dougl4s Rademac er
Date of signature: 1-.1.2.--/a
2012-1121
AS0081
PETITION FOR ABATEMENT OR REFUND OF TAX
E onO//_
County: Weld Date Received
(Use Assessor's or CommiRE E t ED
Section I: Petitioner,please complete Section I only. VELD COUNTY
Date: December 12 2011 CO�'1MlSSIUPJERS
Month Day Year DEC 2 2 2011
Petitioner's Name: Nicolae LLC 1012 APR -9 P 2: Sk
Petitioner's Mailing Address: 7705 Crestview Dr. WELD COUNTY ASSESSOR
Longmont CO
R E C E! V GREELEY, COLORADO
QSQ4
City or Town State lip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
R6829497 4117 S Valley Dr.
Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the
above property for property tax year(s) 2009 and 2010 are incorrect for the following reasons: (Briefly
describe why the taxes have been levied erroneously or illegally,whether due to erroneous valuation, irregularity in
levying, clerical error or overvaluation. Attach additional sheets if necessary.)
Property is overvalued. See attached"Appeal of Real Property Valuation".
Petitioner's estimate of value: $1,041,900 (2009 )and $1,041,900 (2010 )
Value Year 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, and complete.
:::::::::
Numberetitione' ignaturegy ��— Numbed 303 )368-0500
Agent's Sig e'
Daiit&s n avzo�np VLC
'Letter of agency must be attached4vhen petition is submitted by an agent.
If the Board of County Commissioners,pursuant to§39-10-114(1),C.R.S.,or the Property Tax Administrator,pursuant to§39-2-116,C.R.S.,
denies the petition for refund or abatement of taxes in whole or in part,the Petitioner may appeal to the Board of Assessment Appeals pursuant
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.
Section II: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year ZOC I Tax Year Z 6/17
Actual Assessed Tax Actual Assessed Tax
Original ((145 6Q° rk ztz 3� f3' jez / Os'Fop Lilt zzi 3YJo¢. e3
Corrected d7///,`) 7, 4:74r �' /^ '4 t 't2'
Abate/Refund /`-' 25 ( 5 `�L/ — -- T
❑Assessor recommends approval as outlined above.
If the request for abatement is based upon the grounds of overvaluation,no abatement or refund of taxes shall be made if an objection or protest
to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer,§39-10-114(1)(a)(I)(D).C.R.S.
Tax year: Protest? O No 0 Yes (If a protest was filed,please attach a copy of the NOD.)
Tax year: Protest? 0 No ❑Yes (If a protest was filed,please attach//a copy of the NOD.)
Assessor recommends denial for the following reason(s): 414 y ke/ „Silk, - of
q�4tna / ielc vine c?rot* /YSSLSS oe .j 14 /Gc
420s�2012-1121 Assessor's Deputy Assessor's i9 ature i
15-OPT-AR No.920-66/11
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III 2r Section IV must be completed)
Every petition for abatement or refund filed pursuant to 4 39-10-114,C.R.S.shall be acted upon pursuant to the provisions of this section by the
Board of County Commissioners or the Assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1.7),C.R.S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$10,000)
The Commissioners of County authorize the Assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
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 abatemenUrefund of:
Tax Year Tax Year
Actual Assessed IAA
Original
Corrected
Abate/Refund
Note:The total tax amount does not include accrued interest,penalties,and fees assodated with late and/or delinquent tax payments,if
applicable. Please contact the County Treasurer for full payment information.
Petitioner's Signature Date
Assessor's or Deputy Assessor's Signature Date
Section IV: 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
called regular meeting held on / / , at which meeting there were present the following members:
Month 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, and are fully advised in relation thereto,
NOW BE IT RESOLVED,that the Board(agrees—does not agree)with the recommendation of the Assessor
and the petition be(approved--approved in part--denied)with an abatement/refund as follows:
Year Assessed Value Taxes Abate/Refund Year Assessed Value Taxes Abate/Refund
Chairperson of the Board of County Commissioners'Signature
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,I 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.
Section V: Action of the Property Tax Administrator
(For all abatements greater than$10,000)
The action of the Board of County Commissioners, relative to this abatement petition,is hereby
❑Approved ❑Approved in part$ ❑ Denied for the following reason(s):
Secretary's Signature Property Tax Administrator's Signature Date
15-DPT-AR No.920-66/11
Property Tax Advisors, Inc. (303)368-0500
3090 S. Jamaica Ct.,Suite 204 FAX (303)368-0573
Aurora, Colorado 80014
CONSULTANT - AGENCY AGREEMENT
a Corporation
Property Owner: Nicolae LLC — a Partnership
as individuals
County': Weld a Trust
Y.I.N. Property Address
R6829497 4117 S. Valley Dr.
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 or the undersigned in regard to the above enumerated
property(ies) for the assessment year(s)2011-2012 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 tiled 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).
A. i
This agreement is executed this day of • , 20 1
BY: _ u
Print Name: N( C;:? L:\"1E Title:
(if Corporation, your title; (or) Owner, General Partner,
Telephone No.: J G �- `r;�o 7- Lessee, Power of Attorney,Trustee,etc.)
FaxNo.: Sr) z, r, S 2 9 C3 ,3_7
Rev. 12;10
•
Agent: PROPERTY TAX ADVISORS, INC.
3090 South Jamaica Court, Suite 204
Aurora, Colorado 80014
TEL: (303)368-0500; FAX: (303)368-0573
Petition To: BOARD OF COUNTY COMMISSIONERS
Subject: APPEAL OF REAL PROPERTY VALUATION
Tax Year: 2009 & 2010
County: Weld
Schedule Number: R6829497 PTA# 4498
Property Address: 4117 S Valley Dr
Property Owner: Nicolae LLC
Inclusions: X Photograph(s) of Subject Property
Correlation and Conclusions
X Income Approach
Market Sales
_ Cost Approach
Salient Facts
Report Date: 12/9/11 Effective Date: 6/30/08
PETITIONER'S FINAL ESTIMATE OF VALUE: $1,041,900
Value per Square Foot: $28.83
ASSESSOR'S VALUE: $1,445,600
Value per Square Foot: $40.00
Site Size 87,120 s.f. YOC 1996 Effective Bldg. Age (yrs) 10
Gross Building Area 36,140 s.f. Remaining Econ. Life (yrs) 30
Land to Bldg. Ratio 2.4 :1 Zoning Ind. Construction
Use: Industrial
SUBJECT PROPERTY
Page 1 of l
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n3 "�°s -is� 'tee"���-'�s �'�"..L.,,,,,-.,:.:171^,:>,.,2,f,,,`..-t -:-. .
x sw aat . '--.1--'46''-'-' 1' r. ''$'��,—Tn.
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s "d' a R k �� e aawt.w�s � 1
sa.n ,.. It'
tC a �txaw>xt � i+1.ms -kA� .s, '
- Ti f}' $ aw-S- yr`�a^y .P t .swfe R.nmT.
y.. R Jy a1 ,per f� ry
YR.
2. 2Z. 2001
http://propertyinfo.co.weld.co.us/photoas/120723304005_001.jpg 12/7/2011
Rental Rate: $0.00 /sf
Source: Owner provided income and expense
Factors Affecting Rental Rate:
0 sf x $0.00 /sf= $0
0 sf x $0.00 /sf= $0
0 sf x $0.00 /sf= $0
Potential Gross Income $
Source: Annualized 2007 and 2008 Actual Income Occupancy Rate X 0.95
Effective Gross Income $ 153,527
Source: Annualized 2007 and 2008 Actual Expense Expenses - 32,145
(RE.Taxes&Dep. Excluded)
Net Operating Income $ 121,382
Source: Cap Rate 9.00% Capitalization Rate + 0.116
"ETR 2.65%
Overall Rate 11.65% VALUE BY INCOME APPROACH $ 1,041,917
Mill Levy 0.091375 Say $ 1,041,900
Assessment Rate 0.29
'ETR 0.026
Revenue: 2007 2008 Comments:
$ 146,997 $ 166,587
Total: $ 146,997 $ 166,587
Annualized: $ 153,527
Expenses: 2007 2008
Expenses:
Total $ 42,330.00 $ 11,775.00
Total: $42,330 $11,775
Annualized: $32,145
•
SCHEDULE E Supplemental Income and Loss OMB No.1545-0074 L
(Form 1040) (From rental real estate,royalties,partnerships, /007
S corporations,estates,trusts,REMICs,etc.)
Department al the Treasury A[lechment
Internal Revenue Service DP. Attach to Form 1040, 1040NR,or Form 1041. ► See Instructions for Schedule E(Form 1040). saGuence No.13
Name(s)shown on return Your social security number
NICOLAE & CORNELIA TODERICA 358-68-7276
(Part .1 Income or Loss From Rental Real Estate and Royalties Note.If you are in the business of renting personal property,use
Schedule C or C-EZ(see page E-3).I1 you are an individual,report farm rental income or loss from Form 4835 on page 2,line 40.
1 List the type and location of each rental real estate property: 2 For each rental real estate property listed Yes No
A NICOLAE LLC online 1,did you oryour family use it
during the tax year for personal purposes A X
for more than the greater of -
B • .14 days or
• 10%of the total days rented at fair B
C rental value?
(See page E-3.) C
Properties Totals
Income:
A B C (Add columns A,B,and C.)
3 Rents received 3 146 , 997 . 3 146 , 997 .
4 Royalties received 4 4
Expenses: MOri
5 Advertising _ 5 fo-q
6 Auto and travel(see page E-4) 6 MX'1
7 Cleaning and maintenance 7 10 , 633 . 1m.
8 Commissions 8 10 , 548 . dim)
9 Insurance 9 4, 622 . k"'1
star
10 Legal and other professional fees 10 1, 217 . vim,
sr
11 Management fees 11 ud;'.„
12 Mortgage interest paid to banks,etc. in?
(see page E-4) 12 12
13 Other interest 13 's% ,'
14 Repairs 14
15 Supplies 15 „toc;�
16 Taxes 16 2s, R11 .poll-- -U""P,'
17 Utilities 17 3 ,110 . OA:
viii :
18 Other(list) ► 1,14,,,U
SEE STATEMENT 14 12, 200 . 3
16 S° 11
At
tali
19 Add lines 5 through 18 19 71 ,141. 19 71 ,141.
20 Depreciation expense or depletion(see page ES) 20 29 , 252 . 20 29 ,252 .
21 Total expenses.Add lines 19 and 2o... . . _.. 21 100, 393 . cx
22 Income or(loss)from rental real estate s ,1.
ar royalty properties.Subtract line 21 "'�'-t.
from line 3(rents)or line 4(royalties). a
If the result is a(loss),see page E-5 to 1z ,
find out if you must file Form 6198 22 46 , 604. A,
1A,#4'
23 Deductible rental real estate loss.Caution.
Your rental real estate loss on line 22 may nx
be limited.See page E-5 to find out if you *IT
must file Form 8582.Real estate professionals e�7
must complete line 43 on page 2 23 )" )" ),.no y84,2q
s:
24 Income.Add positive amounts shown on line 22.Do not include any losses 24 46 , 604.
25 Losses.Add royalty losses from line 22 and rental real estate losses from line 23.Enter total losses here 25 ( )
26 Total rental real estate and royalty Income or(loss).Combine lines 24 and 25.Enter the result here.
If Parts II,Ill,IV,and line 40 on page 2 do not apply to you,also enter this amount on Form 1040,
line 17,or Form 1040NR,line 18.Otherwise,include this amount in the total on line 41 on page 2 26 46 , 604.
721491 11-08-07 LHA For Paperwork Reduction Act Notice,see instructions. Schedule E(Form 1040)2007
SCHEDULE E OTHER EXPENSES STATEMENT 14
NICOLAE LLC
DESCRIPTION AMOUNT
SALARIES 9 , 864.
PAYROLL TAXES 1 ,118 .
TELEPHONE 656 .
WORKMEN COMP 562.
TOTAL TO SCHEDULE E, PAGE 1 , LINE 18 •
12,200.
STATEMENT(S) 14
•
•
SCHEDULE E Supplemental Income and Loss OMB No.1545-0074
(Form 1040) (From rental real estate,royalties,partnerships, 2008
S corporations,estates,trusts,REMICs,etc.) �J
Department d the Treasury Attachment
internal eaten„,sem°, 091 ► Attach to Form 1040, 1040NR,or Form 1041. Ise See Instructions for Schedule E(Form 1040). seq e,,n,,,„ 13
Name(s)shown on return Your social security number
NICOLAE & CORNELIA TODERICA 358-68-7276
Pa'E14 Income or Loss From Rental Real Estate and Royalties Note.If you are in the business of renting personal property,use
Schedule C or C-EZ(see page E-3).If you are an individual,report farm rental income or loss from Form 4835 on page 2,line 40.
1 List the type and address of each rental real estate properly: 2 For each rental real estate property listed Yes No
A NICOLAE LLC on line 1,did you or your family use it
during the tax year for personal purposes A X
for more than the greater of:
B
• 14 days or
• 10%of the total days rented of fair B
C rental value?
(See page E-3.) C
Properties Totals
Income:
A B C (Add columns A,B,and C.)
3 Rents received 3 166 , 587 . 3 166 , 587 .
4 Royalties received 4 4
Expenses: sz
5 Advertising 5 ` "1"
6 Auto and travel(see page E-4) 6 ,x .,,4
7 Cleaning and maintenance 7 815 . T§02 F?
e Commissions 8 1, 646 . J4, ,
9 Insurance 9 4, 491 . 7.,
10 Legal and other professional fees 10 1, 864 .
ipip
11 Management fees 11 T, a°
aEt
12 Mortgage interest paid to hanks,etc. ISISs!.
(see page E-5) 12 12
13 Other interest 13 '.
14 Repairs 14 NN
adz
15 Supplies 15 <;,.
16 Taxes 18 32, 000 . O0f- rg"}
17 Utilities 17 2 ,715 . 'axr'
18 Other(list) I.
.t,.r} '
SEE STATEMENT 14 244 . ' h
18 r ,
toy
19 Add lines5through18 19 44, 663 . 19 44, 663 .
20 Depreciation expense or depletion(see page E-5) 20 27 , 351 . 20 27 , 351.
21 Total expenses.Add lines 19 and 20 21 72, 014 .
1.3 PW
22 Income or(loss)from rental real estate
or royalty properties.Subtract line 21 ii,".
from line 3(rents)or line 4(royalties). ns%
t'
sliPeV
It the result is a(loss),see page E-5 to '-"d'=
find out it you must file Form 6196" . ...._,..., 22 94, 573 . 1-,, �
Var
23 Deductible rental real estate loss.Caution. rtf.sii
Your rental real estate loss on line 22 may sw,.,tills'!.,:::
be limited.See page E-5 to find out it you 1a "
""'""
must file Form 8582.Real estate professionals
must complete line 43 on page 2 23 , )' ) ;1:
24 Income.Add positive amounts shown on line 22. Do not include any losses 24 94, 573 .
25 Losses.Add royalty losses from line 22 and rental real estate losses from line 23.Enter total losses here 25 ( )
28 Total rental real estate and royalty income or(loss).Combine lines 24 and 25.Enter the result here.
If Parts II,III,IV,and line 40 on page 2 do not apply to you,also enter this amount on Form 1040,
line 17,or Form 1040NR,line 18.Otherwise,include this amount in the total on line 41 on page 2 26 94,573 .
821491 11-10-ce LHA For Paperwork Reduction Act Notice,see Instructions. Schedule E(Farm 1040)2008
•
SCHEDULE E OTHER EXPENSES STATEMENT 14
NICOLAE LLC
DESCRIPTION AMOUNT
PAYROLL TAXES 56 .
PAYROLL PREP FEES 173 .
BANK CHARGES 15 .
TOTAL TO SCHEDULE E, PAGE 1, LINE 18 244.
STATEMENT(S) 14
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 4225
1861 - 2011 F 1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WELEL-BOUNTY
May 24, 2012
NICOLAE LLC
7705 CRESTVIEW DR
LONGMONT CO 80504
RE: SCHEDULE NUMBER R6829497
Dear Property Owner:
On April 30, 2012, the Board of Weld County Commissioners considered your petition for
abatement or refund of taxes and denied same.
Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State
Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and
instructions from:
Board of Assessment Appeals, Department of Local Affairs,
1313 Sherman Street, Room 315
Denver, CO 80203
Phone: 303-866-5880
In preparation for appealing to the State Board of Assessment Appeals you may also go to the
following state link to obtain any further information you may need to proceed,
http://www.dola.state.co.us/baa/index.htm
Very truly yours,
Tonya Disney
Deputy Clerk to the Board
cc: Assessor
PROPERTY TAX ADVISORS INC
3090 S JAMAICA CT STE 204
AURORA CO 80014
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