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Home My WebLink About20120895.tiff p BOARD OF ASSESSMENT APPEALS, Docket Number: 60620 STATE OF COLORADO 1313 Sherman Street, Room 315 Denver, Colorado 80203 ; Petitioner: D ete0 n n MILE HIGH BANKS, N0V 2 6 Nl v. Respondent: WELD COUNTY BOARD OF COMMISSIONERS. ORDER ON STIPULATION THE PARTIES TO THIS ACTION entered into a Stipulation,which has been approved by the Board of Assessment Appeals. A copy of the Stipulation is attached and incorporated as a part of this decision. FINDINGS OF FACT AND CONCLUSIONS: 1. Subject property is described as follows: County Schedule No.: R6778546/R3485505 Category: Abatement Property Type: Commercial Real 2. Petitioner is protesting the 09-10 actual value of the subject property. 3. The parties agreed that the 09-10 actual value of the subject property should be reduced to: Total Value: $947,700 (Reference Attached Stipulation) 4. The Board concurs with the Stipulation. 1 ,Wee—fig 1 7-c0/3 /SC S&I ORDER: Respondent is ordered to reduce the 09-10 actual value of the subject property, as set forth above. The Weld County Assessor is directed to change his/her records accordingly. DATED AND MAILED this 19th day of November 2012. BOARD OF ASSESSMENT APPEALS teitaitez Diane M. DeVries I hereby certify that this is a true and correct copy of the decisi n of the Board of Assessme t A eals. 0 aCati ►l bitch./ Debra A. Baumbach Cara McKeller OO°Di • SEAL • 2 BOARD OF ASSESSMENT APPEALS"" " " '1° ' STATE OF COLORADO STATE OF COLORADO Docket Number 60620 BU OF ASSESSMENT APPEALS Single County Schedule Number R6778546 2012 NOV 0V 14 PM 1: 11 STIPULATION (As To Abatement/Refund for Tax Year 2010 ) — Mile High Banks, Petitioner(s), vs. WELD COUNTY BOARD OF COMMISSIONERS, Respondent. Petitioner(s) and Respondent hereby enter into this Stipulation regarding the tax year 2010 valuation of the subject property, and jointly move the Board of Assessment Appeals to enter its order based on this Stipulation. Petitioner(s) and Respondent agree and stipulate as follows: 1. The property subject to this Stipulation is described as: GR STMTC BE5 LI BLKI St Michaels Town Center 2. The subject property is classified as Commercial property (what type). 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2010: Land $266,560.00 Improvements $943,800.00 Total $1,210,360.00 4. After a timely appeal to the Board of Commissioners, the Board of Commissioners valued the subject property as follows: Land $266,560.00 Improvements $943,800.00 Total $1,210,360.00 R677p8546 qq�. Crn, lI/11%ea.60�i1<7 L�L.�/%S�i �/J �O/„-afcC'S y iaj- a�-ice X15 6166% 5. After further review and negotiation, Petitioner(s) and County Board of Commissioners agree to the following tax year 2010 actual value for the subject property: Land $341,920.00 Improvements $605,780.00 Total $947,700.00 6. The valuation, as established above, shall be binding only with respect to tax year 2010. 7. Brief narrative as to why the reduction was made: Value was adjusted based upon the general market prices per sf that were in place in the base period. Additionally, the income was considered as backup for the market approach. 8. Both parties agree that the hearing scheduled before the Board of Assessment Appeals on 01/18/13 (date) at 8:30(time)be vacated; or, a hearing has not yet been scheduled before :oard of Assessment Appeals (check if appropriate). �• a of vember, 2012. ti Cn=r(s) or •en'! r.rney s stan ) County Attorney for Respondent, Weld County Board of Commissioners Address. Address: 1150 "0" Street '65fb W?) OK.l ,gkiV P.O. Box 758 E91ewvac( Cb•Yoir,2 Greeley, CO 80632 Telephone: 4+'7-1/ 7y Telephone:(970) 336-7235 Gitrifzx Qo,m4 County Assessor — pray Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 Docket Number 60620 Stip-I.Frm R6778546 2 RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - MILE HIGH BANKS 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 2nd day of April, 2012, at which meeting there were present the following members: Chair Sean P. Conway, and Commissioners William F. Garcia, David E. Long, and Douglas Rademacher, with Barbara Kirkmeyer being excused, 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, Mile High Banks, 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 « . ASR pti+ 2012-0895 5 -i - I a AS0081 TAX ABATEMENT PETITION - MILE HIGH BANKS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of April, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO cC ATTEST:"j� ,a Sea ay, Chair Weld County Clerk to the Board • IS'�+IWilliamIF. Garcia, Pro-Tem BY: ..° � .. !!►`. \� � . / /I �. Deputy Clerk to the Board • D� CUSED Kirkmeyer APP DASTI . ® dct !i-vid E. Lon my orney o D.uglas' adema her Date of signature: 4 -I a 2012-0895 AS0081 WELD COUNTY PETITION FOR ABATEMENT OR REFUND OF TAXES J��I COMMISSIONER 'etd Date Received Alto, , ounty: (Use Assessor's or Commissioners'Date Stamp) 1012 NSA 13 A Iii 51 F E C it7 btitionern please complete Section I only. RECEIVED Date: December 30, 2011 Month Day Year Petitioner's Name: Mile High Banks DEC 2 2 2011 Petitioner's Mailing Address: 1726 Hover St WELD Longmont CO 80501 GREELEY, ASSESSOR COLORADO City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDESS OR LEGAL DESCRIPTION OF PROPERTY 095921272007/R6778545 3055 65'h Ave Petitioner 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 the circumstances surrounding the incorrect value or tax. Attach additional sheets if necessary.) Petitioner's estimate of value: s 710,000 ( 2009 ) $ 710,000 ( 2010 ) Value Year Petitioner requests an abatement or refund of the appropriate taxes. I declare,under penalty of perjury in the second de_ 'e,that this petition,together with any accompanying exhibits or statements,has been prepared or examined by e and to the best of my knowledge,information and belief,is true,correct,and complete. Daytime Phone Number( )_ P titi a t5 adre / i I By , �/ _ Daytime Phone Number(303 ) 347-1878 Agennna4ignetur'7 W `Letter of agency must be attaeled when petition is submitted by an agent. If the hoard of costly commissioners,pursuant to section 39-I0-114(1),or the progeny tax administrator,pursuant to section 39-2-1 I6,denies the petition for refund orathatement of taxes in whole or in part,the petitioner may appeal to the board of asseasment appeals pursuant to the provisions of section 39-2-125 within thirty days of the entry of any such decision,39-10-114 3(I),CR.S. Section II: Assessor's Recommendation (For Assessor's Use Only) 9/0 Tan year)Dua 1 l'aayear" / Actual Assessed Tax Actual Assessed Tax Original 7/0,34o a55/OG'C dC,CsO4', /,a61,d oo -9409321 d7 ycrj. corrected /a(/t 9 357,tA7 ;16,6 46. ,-2)Co„ected /r24,,9,,/4)co ;44,910 .1 '9JL ' f9 Abate/Refund ' FJ Abate/Refund -' E Assessor recommends approval as outlined above. �rotest was filed for the year(S): (If a protest was fit , ass a a copy of the NOD.) Assessor recommends denial for the following�eas�on(s): rift, Assessor's or Deputy As ssors 2012-0895 Stevens & Associates Rre Specialists in: Property Tax Reductions Utility Bill Auditing December 30, 2010 Weld County Assessor's Office 1400 N. 17th Ave. Greeley, Co. 80631 ABATEMENTS To whom it may concern, Enclosed you will find the following Abatement Petitions for filing to the Weld County Board of Equalization: Mile High Banks 3055 671h Ave. Schedule Number: 095921272008 Mile High Banks 3050 651h Ave. Schedule Number: 095921272007 Sincerely, Todd J. Stevens President Enclosure Ste ens & Associates Cost Reduction Specialists. Inc. 9800 Mt. Pyramid Court. Suite 220. Englewood, Colorado S0I I2 1 3031 347-1 87S •,/ux (303) 347-9242 Property Tax Consultant-Agency Agreement Owner Address: 8400 East Crescent Partway,Suite 100, Greenwood Village,CO 80111 Property Address/Legal Descripilon/Schedule#:See Attached exhibit A Consultant/Agent:Stevens&Associates Cost Reduction Specialists, Inc. I/We Mile High Banks,subsidiaries,parent companies and all affiliated companies agree with Stevens&Associates Cost Reduction Specialists, Inc.that for the property tax assessment years 2010,2011 and prior years,In Colorado as the property referred to above,that Stevens&Associates Cost Reduction Specialists,Inc.is hereby engaged and authorized to act as agent and consultant before either the Board of review as well as the State Tax Review Board or for any hearing pertinent to the property for the properly tax assessment years 2010,2011 and prior years. Please direct all correspondence and refunds to Stevens&Associates Cost Reduction Specialists,Inc. The undersigned further authorizes Stevens&Associates Cost Reduction Specialists,Inc.as agent of the undersigned,in the name 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 said assessments,for the assessment years in question and prior years, before either the Board of review as well as the State Tax Review Board or any hearings pertinent to the property. Thus done and executed on this //yF day of February 2010. Agreed: p BY�a�+2r Sign erne Please Sign sine By:-nail <eocapsk.' Please Print Name a/ Title: 4 5.s/,7/ U'"cr 4t r1,wr STATE OF to a({f4O o L The foregoing'oatmeal was acknowledged before me} This I r day of PEP Punrt9, do r Please Direct all correspondence/refunds to: d A�IN1�W SK-0 A,U-PsIGt, By: Stevens&Associates/Inc. Please Print Contract Signers Name 640 Plaza Or.,Suite 290 Wtness my hand and official seal. Littleton,Colorado 80129 o,` A;ybOi. Al ,y s my commission expires: a ; Nolary Public Notary Signature %. t&. PUr°§o /4447 .,:99i1:aN Exhibit A Mile High Banks 893 Kuner Rd Adams County Parcel/Account # 0157112410004/R0008852 Mile High Banks 713313 CR Weld County Parcel/Account# 131325425002/R2806104 Mile High Banks 7340 S.Clinton St Arapahoe County Parcel# 2075-27-4-13-007 Mile High Banks 2323 S Troy St Arapahoe County Parcel/Account# -1973-25-3-11-003/1233224 Mile High Banks 3055 65 Ave Weld County Parcel/Account# 095921255008/R3485505 Mile Hi'h Banks 3050 67b Ave Weld County Parcel/Account# 095921255009/R3485605 Mile Hit Banks 2939 65 Ave Weld County Parcel/Account# 095921255007/R3485405 Mlle Hit Banks 180 E Hampden Ave Arapahoe County Parcel# 2077-03-1-08-012 Mile High Banks 8140 E 5"Ave Denver County Parcel# 0609201183000 And all other Properties designated by Mile High Banks LIMITED SUMMARY CONSULTING ASSIGNMENT OF Mile High Banks Restaurant 3055 65th Avenue Greeley, Colorado PREPARED BY Stevens & Associates/Inc. DATE OF VALUE JANUARY 1 , 2009 & 2010 BASE PERIOD ENDING JUNE 30, 2008 DATE OF REPORT November 7, 2011 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Property Location: 3055 E 65th Ave Greeley Colorado Parcel #: 095921272007 Schedule #: R6778546 Land Size: 8,548 Square Feet or 0.196 acres Improvement Size: 6,318 Gross Square Feet YOC 2006 Highest And Best Use: For ad valorem tax purposes in Colorado the highest and best use of the subject is its current use. Cost Approach $714,462 Sales Comparison Approach N/A Income Approach N/A Reconciliation $710,000 Date of Value: January 1 , 2009 & 2010 COST APPROACH GRAND TOTAL 2009 & 2010 VALUE TOTAL LAND VALUE 6,664 $16.75 $111,624 TOTAL Restaurant $861, 197 TOTAL $972,821 EXTERNAL OBSOLESCENCE 30% $258,359 PHYSICAL OBSOLSCENCE 0% $0 TOTAL OBSOLSCENCE $258,359 GRAND TOTAL $714,462 CLERK TO THE BOARD PHONE: (970) 336-7215, EXT. 4226 FAX: (970) 352-0242 g 6 2 1150 O STREET P.O. BOX 758 GREELEY, COLORADO oUOiL WELEL-COUNTY March 14, 2012 MILE HIGH BANKS 1726 HOVER ST LONGMONT CO 80501 RE: SCHEDULE NUMBER R678546 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 3055 65th Avenue. The meeting is scheduled for April 2, 2012, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. The Assessor is recommending that the Board deny your petition. You are not required to be present at this hearing; however, this is your opportunity to have your position heard, especially if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Sincerely, -71 �11 Tonya Disney Deputy Clerk to the Board cc: Assessor Stevens & Associates Cost Reduction Specialists Inc 9800 Mt Pyramid Ct Ste 220 Englewood CO 80112 CLERK TO THE BOARD PHONE: (970) 336-7215, Ext. 4225 1 8 6 I - 2 0 1 1 FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 WELD-_,COUNTY May 1, 2012 MILE HIGH BANKS 1726 HOVER ST LONGMONT CO 80501 RE: SCHEDULE NUMBER R678546 Dear Property Owner: On April 2, 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 Stevens & Associates Cost Reduction Specialists Inc 9800 Mt Pyramid Ct Ste 220 Englewood CO 80112 Hello