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HomeMy WebLinkAbout20111856 tiev4.1% , CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 1 FAX: (970) 352-0242 �1 P. O. BOX 758 GREELEY, COLORADO 80632 Ci COLORADO August 3, 2011 WPD LLC PO BOX 278 BRIGHTON, CO 80601 RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R2803086 PARCEL #: 096105301014 - GR 81 N100' L1-2 & E10' OF N100' L3 BLK22 Dear Petitioner: On July 29, 2011,the Board of County Commissioners of Weld County, Colorado, convened, and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered your request for an Administrative Denial of your petition of appeal of the County Assessor's valuation of your property described above, for the year 2011. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY SET BY BOARD ASSESSOR $332,500 $332,500 Lie/ /4/ ayea r) cP-0-0?u// 2011-1856 AS0079 WPD LLC - R2803086 Page 2 A denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options; however, said appeal must be filed within 30 days of the denial: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's(CBOE's)decision to the Board of Assessment Appeals(BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), C.R.S.) Appeals to the BAA must be made on forms furnished by the BAA, and such appeals should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 NOTE: On or after August 10, 2011, any appeal of the valuation of rent- producing commercial real property to the Board of Assessment Appeals shall provide to the County Board of Equalization the following information within ninety (90) days after the appeal is filed. For two full years, including the base year for the relevant property tax year: (1) actual annual rental income (2) tenant reimbursements (3) itemized expenses (4) 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 Fees: A taxpayer representing himself is not charged for the first two appeals to the Board of Assessment Appeals; however, a taxpayer being represented by an agent or an attorney must submit a fee of $101.25 per appeal. OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1), C.R.S.) OR 2011-1856 AS0079 WPD LLC - R2803086 Page 3 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, C.R.S.) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE 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 will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, "¢y_- ly'( moo. ' Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor CONSULTUS ASSET VALUATION INC 68 INVERNESS PLACE EAST#205 ENGLEWOOD, CO 80112 2011-1856 AS0079 4:00 /z? NOTICE OF DETERMINATION Christopher M. Woodruff Date of Notice: 6/22/2011 Weld County Assessor Telephone: (970) 353-3845 or (720) 652-4255 1400 N 17th Ave Fax: (970) 304-6433 Greeley, CO 80631 E-mail: appeals@co.weld.co.us www.co.weld.co.us Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R2803086 2011 0600 GR 81 N100' L1-2& E10'OF N100'L3 BLK22 501 6 AV, GREELEY CC WPD LLC PO BOX 278 y BRIGHTON,CO 80601 tc a. rc a. O O a. ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW INDUSTRIAL 384,400 332,500 TOTAL $384,400 $332,500 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: AL02- The actual valuation of your property has been adjusted based on new information. This may be information you have supplied, corrections of characteristics or additional sales which we have uncovered during the appeals process. 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. CONSULTUS ASSET VALUATION INC 68 INVERNESS LANE EAST SUITE 205 ENGLEWOOD CO 80112 2011-1856 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, 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 915 10th Street, P.O. Box 758 Greeley, CO 80632 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 property pursuant to § 39-8-106(1.5), C.R.S.) $ ZH J co() 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, orirL..J h.otnlInd^not onnrQicol afn — Assessor's value does not reflect market. Owner's — estimate of Value: — $ 2y L, COO I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. Si{ Witt— lone Number Date 7/15/2011 303-770-2420 ' Attach letter of authorization signed by property owner. APPOINTMENT OF AGENT y3'r71'!1 DATE TO WHOM IT MAY CONCERN: AGENT: Consultus Asset Valuation,Inc. 68 Inverness Place East#205 Englewood,CO 80112 Fax: (303)770-2430 Phone:(303)770-2420 Consultus Asset Valuation,Inc.is authorized to represent WPD LLC in property tax valuation matters for the years 2009 through 2012. Please contact Consultus regarding all property tax issues. The properties are indicated below: COUNTY SCHEDULE NO. ADDRESS Weld R2803096 501 6"Ave. Weld 82602986 527 6"Ave. Employer ID#or Social Security Number (Signature)11/1 Date Printed 1N ILL,AN1 \Aw.,.'L Title MA,JAG6 . Company Name WPD LLC Phone No. 011 J•�! ubscribed and sworn before me this day of rn Qr .h 201._(_. mission expires `1'0 S/12 . Notary Public LCi CLERK TO THE BOARD PHONE (970) 336-7215 EXT 4226 FAX: (970) 352-0242 " ' WEBSITE: www.co.weld.co.us 915 10TH STREET ll ^ ' P.O. BOX 758 333-770_ yi2o ��� ) GREELEY, COLORADO 80632 Wi Co du, , COLORADO `q ""c``"4 July 25, 2011 WPD LLC PO BOX 278 BRIGHTON, CO 80601 Parcel No.: 096105301014 Account No.: R2803086 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 29, 2011, at or about the hour of 9:00 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, First Floor Hearing Room, 915 10th 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, 2011, and mailed to you on or before August 12, 2011. 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. 2011-1856 li45 L4) it' 156J AS0079 WPD LLC - R2803086 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 CONSULTUS ASSET VALUATION INC 68 INVERNESS PLACE EAST#205 ENGLEWOOD CO 80112 • 2011-1856 AS0079 Donna Bechler From: Courtney Anaya Sent: Wednesday, July 27, 2011 8:47 AM To: Donna Bechler Cc: Esther Gesick Subject: FW: McDonalds stips and Administrative denials Attachments: 20110727082725839.pdf Hi Donna, Here are two more Stipulations and a request for Admin Deny on two. They were scheduled on the 29`h at 9:45. Thanks! Courtney From: Wade Melies Sent: Wednesday, July 27, 2011 8:44 AM To: Courtney Anaya; Charles Jack Subject: FW: McDonalds stips and Administrative denials 2 stips 2 Admin deny From: iletman@agmail.com Jmailto:jletman@gmail.coml On Behalf Of Jason Letman Sent: Wednesday, July 27, 2011 8:40 AM To: Wade Melies Subject: McDonalds stips and Administrative denials Wade, As we discussed, I'm attaching the stipulations for two of the three McDonald's properties. Their schedule numbers are R1918302 and R4636906. We have two other properties scheduled for hearing on Friday, for which we would like to request administrative denials. They are schedules R2803086 and R5610186. Please let me know if you have any questions. Thank you, Jason Forwarded message From: <savin(auiconsultus.biz> Date: Wed, Jul 27, 2011 at 6:27 AM Subject: mcdonalds stips To: Jason <jletman@consultus.biz> This E-mail was sent from "RICOH" (Aficio MP C2500). 1 Esther Gesick From: Courtney Anaya Sent: Wednesday, July 27, 2011 8:47 AM To: Donna Bechler Cc: Esther Gesick Subject: FW: McDonalds stips and Administrative denials Attachments: 20110727082725839.pdf Hi Donna, Here are two more Stipulations and a request for Admin Deny on two. They were scheduled on the 29th at 9:45. Thanks! Courtney From: Wade Melies Sent: Wednesday, July 27, 2011 8:44 AM To: Courtney Anaya; Charles Jack Subject: FW: McDonalds stips and Administrative denials 2 stips 2 Admin deny From: iletmanOomail.com fmailto:jletman@gmail.coml On Behalf Of Jason Letman Sent: Wednesday, July 27, 2011 8:40 AM To: Wade Melies Subject: McDonalds stips and Administrative denials Wade, As we discussed, I'm attaching the stipulations for two of the three McDonald's properties. Their schedule numbers are R1918302 and R4636906. We have two other properties scheduled for hearing on Friday, for which we would like to request administrative denials. They are schedules R2803086 and R5610186. w14u, I�G Please let me know if you have any questions. Thank you, Jason Forwarded message From: <savinna,consultus.bizv Date: Wed, Jul 27, 2011 at 6:27 AM Subject: mcdonalds stips To: Jason<jletman@consultus.biz> This E-mail was sent from "RICOH" (Aficio MP C2500). t Hello