HomeMy WebLinkAbout20112148.tiff CLERK TO THE BOARD
PHONE (970) 336-7215 EXT 4226
FAX: (970) STREET
91510TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
August 12, 2011
CIMARRON HOLDINGS LLC
924 WEST COLFAX AVE No. 203
DENVER, CO 80204
Parcel No.: 131310100041 Account No.: R0219988
Dear Petitioner(s):
Based upon information furnished to the Weld County Board of Equalization, we understand that
you have withdrawn the petition challenging the valuation of the above Account number.
Please be informed that a withdrawn petition precludes any further challenge to the valuation of
the above Account number for this assessment period. Therefore, the Board of Equalization
took no action on your petition and the assessed value remains as set by the Assessor.
Very truly yours,
BOARD OF EQUALIZATION
Le
Esther E. Gesick
Deputy Clerk to the Board
cc: Christopher Woodruff, Assessor
GREENBERG TRAURIG LLP
THE TABOR CENTER
1220 17 ST SUITE 2400
DENVER, CO 80202
2011-2148
ee, A/T(4//e) /?-07t// AS0079
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
R0219988 2011 2341 PT E2NE4 10-2-68 LOT B REC EXEMPT RE-
1050
3818 119HWY,WELD
CIMARRON HOLDINGS LLC '
3O 924 WEST COLFAX AVE No.203
E DENVER,CO 80204
a PJ
cc
-
ASSESSOR'S VALUATION l (,
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER
REVIEW REVIEW uI
COMMERCIAL 969,500 969,500
TOTAL $969,500 $969,500
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:
CM05- The law requires that all of 2009 and the first 6 months of 2010 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 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.
GREENBERG TRAURIG LLP
THE TABOR CENTER
1220 17 ST SUITE 2400
DENVER CO 80202
2011-2148
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 1 through August 5
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.
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 9°'Avenue and 9"'Street
Denver, CO 80203 P.O. Box C
(303) 866-5880 Greeley, Colorado 80632
www.dola.colorado.gov/baa (970) 356-4000 Ext. 4520
Dindina 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 Satuniay, 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 g property pursuant to§ 39-8-106(1.5), C.R.S.)
$
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.)
In support of the Petition to the County Board of Equalization of the denial by the County Assessor of the
Written Letter of Objection and Protest of Valuation, the Written Letter of Objection and Protest of Valuation
and exhibits (if any) previously submitted to the County Assessor are hereby adopted as the basis for the
appeal to the County Board of Equalization, a copy of which is attached hereto. Additional information and
evidence in support of this appeal will be submitted during the hearing before the County Board of
Equalization and the property owner hereby reserves the right to submit additional documents at the hearing.
ATTESTATION
I, the and ig ed owner or agent' of the property identified above, affirm that the statements contained
herein a on y attachments hereto are true and complete.
(303) 572-6500 July 11. 2011
Signature Telephone Number Date
GREENBERG TRAURIG,LLP
Neil B.Oberfeld,Esq.,#16992
Nickolas J.McGrath,Esq.,#39173
120017"'Street,Suite 2400
Denver,Colorado 80202
1 Attach letter of authorization signed by property owner. 15-D Pr-AR
PR 207-08/08
NOD#:33560
GT GreenbergTraurig
July 11, 2011 , h
VIA CERTIFIED MAIL
AND FEDERAL EXPRESS
Weld County Board of Equalization
915 10th Street
Greeley, Colorado 80632
Re: Schedule No: R0219988
Property Address: 3818 119 Hwy
Property Owner: Cimarron Holdings LLC
Dear Board:
Pursuant to the provisions of§39-8-106, C.R.S., we hereby submit the enclosed Petition
to the County Board of Equalization appealing the decision of the County Tax Assessor
regarding the Written Letter of Objection and Protest of Valuation submitted by this firm on
behalf of the property owner identified above, a copy of which is enclosed to support this appeal.
Please return a date-stamped copy of the enclosed Petition to the undersigned in the enclosed
self-addressed, stamped envelope.
Please contact the undersigned to schedule the hearing before the County Board of
Equalization.
In the event the Board does not grant, in whole or in part, the appeal from the County Tax
Assessor's denial for the property for which the appeal is being made, please note in your records
that copies of denials should be mailed to the undersigned.
Very truly yours,
Greenberg Traurig, LLP
By: t
Neil B. Oberfelt
NBO:bvd
Enclosures
GREENBERG TRAURIG, LLP ■ ATTORNEYS AT LAW • WWW.GTLAW.COM
The Tabor Center, 1200 17th Street, Suite 2400 • Denver,Colorado 80202 ■ Tel 303.572.6500 • Fax 303.572.6540
PETITION TO THE COUNTY BOARD OF EQUALIZATION
In the space below, please explain why you disagree with the Assessor's valuation. For
Real Property, state in terms of a specific dollar amount, the correct property value. Attach
additional documents as necessary.
Schedule No.: R0219988
Property Address: 3 818 119 Hwy
Petitioner's Valuation: $692,500
Petitioner: Cimarron Holdings LLC
In support of the Petition to the County Board of Equalization of the denial by the County
Tax Assessor of the Written Letter of Objection and Protest of Valuation, the Written Letter of
Objection and Protest of Valuation and exhibits (if any) previously submitted to the County Tax
Assessor are hereby adopted as the basis for the appeal to the County Board of Equalization, a
copy of which is attached hereto. Additional information and evidence in support of this appeal
will be submitted during the hearing before the County Board of Equalization and the property
owner hereby reserves the right to submit additional documents at the hearing.
DATED: July 11, 2011.
PETITIONER:
Cimarron Holdings LLC
By:
Authorized Representative
GREENBERG TRAURIG, LLP
Neil B. Oberfeld, Esq., #16992
Nickolas J. McGrath, Esq., #39173
1200 17th Street, Suite 2400
Denver, Colorado 80202
(303) 572-6500
GT GreenbergTraurig
' 4 4
May 27, 2011 a P
VIA CERTIFIED MAIL MM 31 2011
-,sOt�c
Christopher Woodruff �'1 t i r V COLORADO
Weld County Assessor C""
1400 N. 17th Avenue
Greeley, Colorado 80631
Re: Protest of: 2011 Property Taxes
Petitioner: Cimarron Holdings LLC
Schedule No: R0219988
Dear Mr. Woodruff:
Please find the attached tax protest which is hereby submitted by this law firm on behalf
of the above-referenced property owner.
Please note in your records that copies of all notices or communications by the County
Assessor's Office should be mailed to this office. In the event you deny, in whole or in part, the
requested reduction of actual valuation for any of the properties for which protest is being made,
you should mail copies of the forms which are required pursuant to §39-8-103, C.R.S., as
amended, to this office in care of Neil B. Oberfeld. Please feel free to contact me with any
questions.
Thank you for your continued cooperation.
V ruly yours,
Neil B. Oberfeld
NBO 97519773
Enclosures
GREENBERG TRAURIG,LLP • ATTORNEYS AT LAW ■ WWW.GTLAW.COM
W.GTLAW.COM
The Tabor Center, 1200 17th Street,Suite 2400 ■ Denver,Colorado 80202 ■ Tel 303.572.6500 • Fax 303.572.6540
WRITTEN LETTER OF OBJECTION AND PROTEST OF VALUATION
Pursuant to the provisions of Section 39-5-122, C.R.S., objection and protest is hereby
made of the determination for 2011 property taxes of the actual value and the assessed value for
the real property described as follows (the"Property"):
Property Address: 3818 119 Hwy
Legal Description: PT E2NE4 10-2-68 LOT B REC EXEMPT RE-1050
Schedule No: R0219988
The determination of the actual value of the Property by the Assessor is erroneous and
otherwise improper because it does not accurately reflect the actual value of the Property for
property tax purposes as required by the provisions of Sections 39-1-103 and 39-1-104, C.R.S.,
as amended.
The actual value of the Property should be reduced from the Assessor's actual value of
$969,500 to the correct actual value of the Property as of July 1, 2010, which is $692,500 as
determined by the factors described in Sections 39-1-101 and 39-1-103, C.R.S., as amended.
DATED May 27, 2011.
PROPERTY OWNER:
Cimarron H gs LLC
By:
Authorized Representative
GREENBERG TRAURIG, LLP
Neil B. Oberfeld, Esq.,# 16992
Nickolas J. McGrath, Esq., #39173
1200 17th Street, Suite 2400
Denver, Colorado 80202
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account*: R0219988 Parcel*:131310100041
Tax Area:2341 Bordering County:
Acres: 1.15
Township Ranee Section Ouart,Sec. ,Subdivison Name Block*Lod#
02-68- 10-1 --
Owners Name&Address: property Address;
CIMARRON HOLDINGS LLC Street:3818 119 HWY
924 WEST COLFAX AVE No.203 City:WELD
DENVER,CO 80204
Business/Complex:TACO BELL
'ales Summary
Sale Date Sale Price Deed Tvoe ReceDtionif
6/24/1996 $490,000 SWD 2556071
.peal Description
I R PT EZNE4 10-2-68 LOT B REC EXEMPT RE-1050 f 1l
Land Valuation Summary
Land Type Abet Code Unit of Number of Actual Value Assessed
Measure Units Value
Commercial 2130 Square Feet 50094
Land Subtotal: 50094 $275,517 $79,900
Dulldlnas Valuation Summary
Assessed
Actual Value
Bldg# Property Type Value
I Commercial
Improvements Subtotal: $693,983 $201,260
Total Property Value $969,500 $281,160
Building Details
Account#:R0219988 Parcel*:131310100041
Owners Name&Address; Property Address:
CIMARRON HOLDINGS LLC Street:3818 119 HWY
924 WEST COLFAX AVE No.203 City:WELD
DENVER,CO 80204
pulldine* property Type
1 Commercial
Individual Built As Detail
Built As: Fast Food Restaurant Year Built: 2009
Exterior: HVAC: Complete HVAC
Interior Finish: Built As SQ Ft: 2770
#of Baths: 0 Roof Type:
#of Bdrins: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
casement:
Total SQ Ft: Finished SQ Ft:
AUTHORIZATION
The undersigned hereby authorizes the law firm of Greenberg Traurig, LLP to prosecute
the protest, abatement, appeal and any other proceedings for the valuation of the property listed
below for the 2011 and 2012 tax years including the signing of any protest forms or applications
for review, or requests for abatement of taxes previously paid.
DATED this LYIc day of May,2011.
PROPERTY(S):
Address: 3818 119 Hwy
Schedule N4: R0219988
Legal Description: PT E2NE4 10-2-68 LOT B
REC EXEMPT RE-1050
NAME OF PROPERTY OWNER(S):
Cimarron Holdings LLC
By: ti
Name: r -
Title: //,fif rrar"Z
DEN 97,519,045O
CERTIFICATE OF DELIVERY
The undersigned hereby certifies that on the 27th day of May,2011, a true and correct
copy of the foregoing Written Letter of Objection and Protest was served via Certified Mail to
the office of the County Assessor for the County of Weld, State of Colorado.
Mc&22
Nickolas J. McGrath
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 11th day of July, 2011, a true and correct
copy of the foregoing Petition to the County Board of Equalization was sent via Certified Mail
and Federal Express to the office of the County Board of Equalization for the County of Weld,
State of Colorado.
ye it Nickolas J. cGr �,�ath
PLEASE RETURN A DATE-STAMPED COPY OF
THE ENCLOSED APPEAL TO THE BOARD OF
EQUALIZATION IN THE ENCLOSED, SELF-
ADDRESSED STAMPED ENVELOPE TO:
NICK MCGRATH
GREENBERG TRAURIG, LLP ✓e'
1200 17TH STREET, SUITE 2400
DENVER, CO 80202
THANK YOU.
Donna Bechler
From: Courtney Anaya
Sent: Monday, July 18, 2011 9:25 AM
To: Esther Gesick
Cc: Donna Bechler; Wade Melies
Subject: FW: Cimarron Holdings LLC
Hi Esther,
Is this email sufficient for a withdrawal, or does he need to call you?
Thanks!
Courtney Anaya
Assistant Analyst
Weld County Assessor's Office
(970) 353-3845 ext. 3670
canaya@co.weld.co.us
R! 1-, . .
wt nu CO
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: Wade Melies
Sent: Monday, July 18, 2011 9:21 AM
To: Courtney Anaya
Subject: Cimarron Holdings LLC
R0219988
Courtney
Is this enough for a withdrawal?
Wade
From: mcgrathn@gtlaw.com [mailto:mcgrathn@gtlaw.com]
Sent: Monday, July 18, 2011 9:16 AM
To: Wade Melies
Cc: oberfeldn@gtlaw.com
Subject: RE: Cimarron Holdings LLC
Wade, thank you for the additional information. We will be withdrawing this case. Is there someone
at the BOE that I could notify via email of the withdrawal? Thank you, Nick
Nickolas J. McGrath I Associate
Greenberg Traurig 1 1200 17th Street, Suite 2400 I Denver, Colorado 80202
1
Direct 303.685.7412 I Fax 720.904-6112
mcerathn@gtlaw.com I www.gtlaw.com
From: Wade Melies [mailto:wmelies@co.weld.co.us]
Sent: Wednesday, July 13, 2011 7:40 AM
To: McGrath, Nick J. (Assoc-Den-RE)
Subject: RE: Cimarron Holdings LLC
Nick
I received your petition to the CBOE. I was wondering if you knew that this store had a fire and was completely
rebuilt in 2009. As a result of the new construction I would like to formally request the actual construction cost. I have
included the photos. If you have any questions please contact me.
Wade
Wade J. Melies
Commercial Appraiser
Weld County Assessor's Office
970-353-3845 ext 3672
wmeliesco.weld.co.us
04 ' •,.
a"
WEC0COV NTT
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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: mcgrathn@gtlaw.com [mailto:mcgrathn@gtlaw.com]
Sent: Friday, June 17, 2011 1:39 PM
To: Wade Melies
Cc: oberfeldn@gtlaw.com
Subject: FW: Cimarron Holdings LLC
Wade, we reviewed the three sales you provided. Only one of the sales occurred during the base
period. The other two occurred after the base period. I also reviewed Weld County sales that
occurred in 2007 and 2008 (during the extended base period), and I found three fast food sales
between $122 / sf and $179 / sf. We are handling a portfolio of Taco Bells across the front range for
2
this client, so we are reviewing comparable sales in many counties. The data we have found
supports fast food valuations of $250 / sf. We will provide additional information at the BOE hearing,
if necessary. Regards, Nick
Nickolas J. McGrath I Associate
Greenberg Traurig 1 1200 17th Street, Suite 2400 I Denver, Colorado 80202
Direct 303.685.7412 I Fax 720.904-6112
mcgrathn@etlaw.com I www.gtlaw.com
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform
you that any U.S. federal tax advice contained in this communication(including any attachments), unless otherwise
specifically stated, was not intended or written to be used, and cannot be used, for the purpose of(1)avoiding penalties
under the Internal Revenue Code or(2)promoting, marketing or recommending to another party any matters addressed
herein.
The information contained in this transmission may contain privileged and confidential information. It is intended
only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any
review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies of the original message.To reply to our email
administrator directly, please send an email to postmasterC7ogtlaw.com.
From: Wade Melies [mailto:wmelies@co.weld.co.us]
Sent: Tuesday, May 31, 2011 4:07 PM
To: Oberfeld, Neil (Shld-Den-RE)
Subject: Cimarron Holdings LLC
Mr. Oberfeld
I am reviewing the valuation appeal for R0219988, Cimarron Holdings LLC, or the Firestone Taco Bell. Please
review the attached comparables. Plea se email any thoughts or concerns. If you have any questions please contact me.
Wade
Wade J. Melies
Commercial Appraiser
Weld County Assessor's Office
970-353-3845 ext 3672
wmeliesco.weld.co.us
, 04 33 , i
�•
w e tu�.<e 03N.Y
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
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