HomeMy WebLinkAbout20111878 CLERK TO THE BOARD
PHONE (970) 336-7215 EXT.4226
FAX: (970) 352-0242
1 8 6 I - 2011 1150 O STREET
P.O. BOX 758
- GREELEY, COLORADO 80632
WELD__--COUNTY
January 5, 2012
PETROCCO FAMILY LIMITED PARTNERSHIP
14110 BRIGHTON ROAD
BRIGHTON CO 80601
RE: Arbitration Hearing Award -Account#: R0169589
Dear Petitioner:
Enclosed is a check, in the amount of$75.00, reflecting the difference between the advance fee of
$150.00 and the actual fee as determined by the Arbitrator's Award. If you have questions, please
do not hesitate to contact me at (970) 336-7215 Ext. 4226.
Sincerely, �Q /
Esther E. Gesick
Deputy Clerk to the Board
cc: County Attorney
Assessor
West Foster, Foster Valuation Company
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MABOENARBITRATE.doc
8/22/11
CLERK TO THE BOARD
PHONE (970) 336-7215 EXT.4226
FAX: (970)
1861 - 2011 1150O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WELD._OUNTY
January 5, 2012
ATTN: WEST FOSTER
FOSTER VALUATION COMPANY
910 54TH AVENUE, SUITE 210
GREELEY CO 80634
RE: Arbitration Hearing Award -Account#: R0169589
Dear West:
Enclosed is a check, in the amount of$150.00, for your Arbitration services. If you have questions,
please do not hesitate to contact me at (970) 336-7215 Ext. 4226.
Sincerely,
C�
y
Esther E. Gesick
Deputy Clerk to the Board
cc: County Attorney
Assessor
Petrocco Family Limited Partnership
M:\BOE\ARBITRATE.doc
8/22/11
WELD COUNTY COLORADO BINDING ARBITRATION
Single County Schedule Number R0169589
AWARD OF ARBITRATOR and ADOPTION OF STIPULATION
Petrocco Family Limited Partnership
Petitioner,
v.
WELD COUNTY BOARD OF EQUALIZATION
Respondent.
THE undersigned Arbitrator, having read the Stipulation entered into between Petitioner,
Petrocco Family Limited Partnership and Respondent, WELD COUNTY BOARD OF
EQUALIZATION, previously filed with this Arbitrator, and being otherwise fully advised in the
premises, makes the following finding and Orders as follows:
1. The property which is the subject of this appeal is County Schedule Number
R0169589 Property Type being Commercial property.
2. The Petitioner is appealing the 2011 actual value of the above described property.
3. The parties have entered into a Stipulation, (a copy of which is attached hereto as Exhibit
A and incorporated as a part of this Award), and have agreed that the 2011 actual value of the subject
property should be reduced from the previously determined value to a Land value of Sixty-Three
Thousand, Two Hundred and Eighty and no/100 Dollars ($63,280.00), with an Improvements value of Six
Hundred Seventy-Six Thousand, Seven Hundred and Twenty and no/100 Dollars ($676,720.00), for a total
of Seven Hundred Forty Thousand and no/100 Dollars($740,000).
4. The Arbitrator concurs with the determination of value as set forth in the Stipulation, and
finds said Stipulation is just and equitable and not reached as a result of duress.
AWARD:
1. The 2011 actual value of the subject property shall be as set forth above. The records of
the Weld County Assessor shall be adjusted to reflect the 2011 actual value of the subject property.
2. The Arbitrator's fees for conducting this matter are $150.00, which shall be paid as
follows:
Petitioner: $75.00
Respondent: $75.00
3. Each party ar shall pay their own witness fees, attorney's fees and miscellaneous costs.
DATED THIS /�� ^ day of 4- ch.. !�- , 2011.
✓ G
West Foster,ARBITRATOR
WELD COUNTY, COLORADO
WELD COUNTY
COMMISSIONERS
OATH OF ARBITRATOR
2011 DEC 21 A II: OS
Taxpayer, PETROCCO FAMILY LIMITED PARTNERSHIP RECEIVED
v.
WELD COUNTY BOARD OF EQUALIZATION
I solemnly swear and affirm under penalty of perjury that I meet the qualifications of
Section 39-8-108.5, C.R.S., that I will be completely impartial, and that I will fairly and justly
determine the issues placed before me.
I further swear and affirm that I have no financial or personal interest in the outcome of the
arbitration of this case, and have no existing or past financial, business, professional,family or social
relationships with any of the parties or their attorneys that will affect my impartiality or create an
appearance of partiality or bias except
SIGNATURE DATE
M:\BOE\ARBITRATE.doc
8/22/11
WELD COUNTY COLORADO BINDING ARBITRATION
Single County Schedule Number R0169589
MOTION TO ADOPT STIPULATION
Petrocco Family Limited Partnership
Petitioner,
v.
WELD COUNTY BOARD OF EQUALIZATION
Respondent.
COME NOW the Petitioner Petrocco Family Limited Partnership, by and through its attorney,
Larry D. Harvey, and Respondent, by and through its attorney, the Assistant of Bruce T. Barker,
Weld County Attorney, below named, and jointly move the Arbitrator named to hear the Petition
filed in the above-named matter to adopt the Stipulation reached by the parties in this matter as
its decision, and as grounds therefore allege as follows:
1. The Stipulation was reached by the parties after due consideration of the evidence
provided by each party.
2. The parties believe that the stipulated 2011 value is a fair and just value.
3. The parties agree that this Stipulation was not reached as a result of duress or
undue influence.
THEREFORE, the parties request that the Arbitrator assigned in this matter, Sue Foster,
adopt as its decision, the Stipulation as to value which was reached by the parties in this matter
and enter an Order as to the payment of fees.
WELD COUNTY BOARD OF EQUALIZATION
Respondent
BRUCE T. BARKER
WELD COUNTY ATTORNEY
J -- // B2:491/a://
Date STE ANIE L. ARRIES #5809
Assistant Weld County Attorney
WELD COUNTY COLORADO
BINDING ARBITRATION
Single County Schedule Number R0169589
STIPULATION (As To Tax Year 2011 Actual Value)
Petrocco Family Limeted Partnership,
Petitioner,
vs.
Weld County Board of Equalization,
Respondent.
Petitioner and Respondent hereby enter into this Stipulation regarding the tax year
2011 valuation of the subject property, and jointly move the Arbitrator to enter a decision
based on this Stipulation.
Petitioner(s) and Respondent agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
PT NW4 23-4-66 LOT B REC EXEMPT RE-1177 .
2. The subject property is classified as Commercial property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2011:
Land $ 63,280
Improvements $730,737
Total $794,017
4. After a timely appeal to the Board of Equalization,the Board of Equalization
valued the subject property as follows:
Land $ 63,280
Improvements $718,557
Total $781,837
R0169589
1
5. After further review and negotiation, Petitioner and County Board of
Equalization agree to the following tax year 2011 actual value for the subject
property:
Land $ 63,280
Improvements $676,720
Total $740,000
6. The valuation, as established above, shall be binding only with respect to tax
year 2011.
7. Brief narrative as to why the reduction was made:
Value was adjusted based on market sales of comparable properties.
8. Both parties agree that the hearing scheduled before the Arbitrator on
November 2st, 2011at 10:30am be vacated.
DATED this 25th day of October, 2011.
�t ner(storney Lcsc ou y Attorney or Respondent,
Board of Equalization
Address: Address: /
6-2 o7r Prwy /50 U u� a S4eP-
',M',Mace.), Ca gem /c�Aa , 7 C
&rec ley, ( / do Fe61 z
Telephone: '.C13. z2a X61O Telephone: Ci7G- 'ice Xz(3 `1(
(71:21/
CountyAdr
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext. 3697
R0169589
2
CLERK TO THE BOARD
PHONE (970) 336-7215 EXT.4226
FAX: (970) 352-0242
( 8 6 1 - 2 0 1 1 1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
'IF
WELD,COUNTY
December 8, 2011
Attn: West Foster
Foster Valuation Company
910 54th Avenue, Suite 210
Greeley, Colorado 80634
RE: Arbitration Hearing Award -Account#: R0169589
Dear West
Enclosed are the Oath, Stipulation, Motion to Adopt, and Award of Arbitrator. Upon review of said
documents, if you concur with the determination of value, please sign/date the Oath and Award and
return all of the documents to me for inclusion in the original file. If you have questions, please do
not hesitate to contact me at (970) 336-7215 Ext. 4226.
Sincerely,
SI,7tli• ;�yY
Esther E. Gesick
Deputy Clerk to the Board
cc: County Attorney _ "p"o
Assessor
M:\B O E\A R B I T RAT E.d o c
8/22/11
CLERK TO THE BOARD
PHONE: (970) 336-7215 EXT.4226
1 8 6 1 - 2 0 1 I FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
8 GREELEY, COLORADO 80632
i
WELD COUNTY
October 17, 2011
Petrocco Family Limited Partnership
c/o Larry Harvey, Attorney at Law
5290 DTC Parkway, Suite 150
Englewood, CO 80111
RE: Arbitration Hearing -Account#: R0169589
Dear Petitioner:
You are hereby notified that an Arbitration Hearing has been set, at your request, for Wednesday,
November 2, 2011, at 10:30 a.m. The hearing will be held in the County Attorney's Deerfield Conference
Room, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
West Foster will be presiding.
If you have questions, please do not hesitate to contact me at (970) 336-7215 Ext. 4226.
Sincerely, (� 4
Esther E. Gesick
Deputy Clerk to the Board
cc: County Attorney
Assessor
West Foster
Petrocco Family Limited Partnership
M:\B O E\A R B ITRATE.doc
8/22/11
Esther Gesick
From: Larry D. Harvey[Iharvey@Idhpc.com]
Sent: Wednesday, October 12, 2011 4:50 PM
To: Esther Gesick
Subject: RE: Arbitration Hearing - Petrocco Family Limited Partnership, LLLP (R0169589)
Esther:
The 1't week of November works.Thanks, Larry
LARRY D. HARVEY
ATTORNEY AT LAW
5290 DTC PARKWAY,SUITE 150
ENGLEWOOD,COLORADO 80111
Telephone(303)220-7810
Facsimile (303)850-7115
e-mail lharvey@ldhpc.com
Tax Advice Disclosure:To ensure compliance with requirements imposed by the IRS under Circular 230,this is to 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,please be notified that any review,dissemination,distribution or duplication of this communication is strictly prohibited.If you are
not the intended recipient,please immediately contact the sender at 303-220-7810 and destroy all copies of this facsimile.
From: Esther Gesick [mailto:egesick@co.weld.co.us]
Sent:Tuesday, October 11, 2011 11:15 AM
To: Larry D. Harvey
Cc:Stephanie Arries; Brenda Dones
Subject: RE:Arbitration Hearing- Petrocco Family Limited Partnership, LLLP(R0169589)
Hi Larry,
I'm just checking in to see if you've heard anything from the petitioner so I can make the necessary arrangements.
Thanks!
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 O Street)P.O. Box 758'Greeley, CO 80632
tel: (970)336-7215 X4226
• '�
w t ia r+.:
u
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.
1
From: Larry D. Harvey [mailto:lharvey@Idhpc.com]
Sent:Thursday, October 06, 2011 4:37 PM
To: Esther Gesick
Subject: RE:Arbitration Hearing- Petrocco Family Limited Partnership, LLLP (R0169589)
Esther:
I have a msg in to Mr. Petrocco and am awaiting a response.Tx. Larry
LARRY D. HARVEY
ATTORNEY AT LAW
5290 DTC PARKWAY,SUITE 150
ENGLEWOOD,COLORADO 80111
Telephone (303)220-7810
Facsimile (303)850-7115
e-mail Iharvevlaldhoc.com
Tax Advice Disclosure:To ensure compliance with requirements imposed by the IRS under Circular 230,this is to 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,please be notified that any review,dissemination,distribution or duplication of this communication is strictly prohibited.If you are
not the intended recipient,please immediately contact the sender at 303-220-7810 and destroy all copies of this facsimile.
From: Esther Gesick [mailto:egesick@co.weld.co.us]
Sent: Wednesday,October 05, 2011 4:09 PM
To: lharvey@ldhpc.com
Cc: Stephanie Arries; Bruce Barker; Chris Woodruff; Brenda Dones; Esther Gesick; davesr@petroccofarms.com
Subject:Arbitration Hearing- Petrocco Family Limited Partnership, LLLP (R0169589)
Larry,
I have confirmed availability with the County Attorney and Assessor Offices, and the selected Arbitrator,West Foster.
Please check your schedule for the following dates: November 2nd, 7th (PM only), or 10th and let me know which would
date(s)/time(s) work best so I can reserve a conference room and send an appointment for everyone's calendars.
Thanks!
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 O Street P.O. Box 7581 Greeley, CO 80632
tel: (970)336-7215 X4226
184 ! 1011
w 7r,U •
N r
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
I 8 6 I - 2 0 1 1 PHONE: (970) 336-7215 EXT.4225
FAX: (970) 352-0242
. 1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WELD,COUNTY
September21, 2011
TO: ARBITRATOR
TAXPAYER/AGENT
ASSESSOR
RE: PETROCCO FAMILY LIMITED PARTNERSHIP
v.
WELD COUNTY BOARD OF EQUALIZATION
The attached petition, having been timely filed and fees advanced, and having received no
objections from the respondent Board, the above-captioned case is hereby assigned to West
Foster,who will serve as arbitrator in this matter. Upon filing of the oath or affirmation, the arbitrator
will contact the parties to
schedule the matter for hearing.
"�1CO41JG
DEPUTY CLERK TO THE BOARD
M:\BOE\ARBITRATE.doc
8/22/11
WELD COUNTY, COLORADO
PETITION FOR ARBITRATION
•
Taxpayer, iii'y A �amdu Lcmif� 1 arch D
v.
WELD COUNTY BOARD OF EQUALIZATION
1. The undersigned property owner or authorized agent, pursuant to Section 39-8-108, C.R.S.,
requests arbitration.
1 2. The subject property is located in Weld County with address or legal description as follows:
I NW 6> Secinc),1 2ic h i fr
uc
with tax schedule number
3. That the property is (residential real property) (other property). State classification of the
property if other than residential, i.e., personal, commercial, vacant land, etc.:
A“.1COLf()rc.1 69O10 gp rti ( `,i N6 ) O7116A--
4. That the residential arbitration fee in the amount of$150.00 is hereby advanced, to be held
in trust pending a decision of the arbitrator;
OR
4. That the fee estimate of $ agreed upon between the parties is hereby
advanced, to be held in trust pending a decision by the arbitrator;
OR
4. An application for fee waiver based upon indigence of the petitioner is pending before the
Board of County Commissioners. /
5. That W1S g5fe� be named and assigned as arbitrator.Capt tat '`'
6. That the following issues are ' of arbitration !C�!/ -inx
PETITIONER'S SIGNATUR
Date
Printed NAME: IDA P coo
ADDRESS: / T//b EP/G/r//Oy' PD
PHONE #: 303 1p 577 49' / E-mail: ./.74 or Sr ce PPtK7C<'O PROP. ear.
M:\BOE ARBITRATE.doc
9/02/09
WELD COUNTY, COLORADO
PETITION FOR ARBITRATION - SCHEDULE NO. R0169589
Taxpayer, PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP
vs.
WELD COUNTY BOARD OF EQUALIZATION
1. The undersigned property owner or authorized agent, pursuant to Section 39-8-108,
C.R.S., requests arbitration.
2. The subject property is located in Weld County with address or legal description as
follows:
See legal description attached hereto, as well as the Notice of Valuation
with tax schedule number R0169589
3. That the property is agricultural storage and sorting.
4. That the residential arbitration fee in the amount of$150.00 is hereby advanced, to be
held in trust pending a decision of the arbitrator.
5. That West Foster be named and assigned as arbitrator.
6. That the following issues are in need of arbitration: Valuation of property pursuant to
C.R.S. § 39-8-108.5 and proper classification.
DATED this / 5t day of September, 2011.
Larry D. ey, #10207
5290 DTC Parkway, Suite 150
Englewood, CO 80111
303-220-7810 (harvey@►d h loC . CCm
Attorney for Petrocco Family Limited Partnership,
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CLERK TO THE BOARD
PHONE: (970) 336-7215 EXT.4226
FAX: (970) 352-0242
1 8 6 1 - 2 0 1 I 1150 O STREET
P.O. BOX 758
. GREELEY, COLORADO 80632
WELD._000NTY
August 23, 2011
PETROCCO FAMILY LIMITED PARTNERSHIP
14110 BRIGHTON RD
BRIGHTON CO 80601
RE: Account#: R0169589
Dear Petitioner:
This is to acknowledge your request for arbitration pursuant to Section 39-8-108, C.R.S. In an effort
to expedite handling of cases,the Weld County Board of County Commissioners has adopted rules
and procedures for the arbitration process. Enclosed for your review is the list of approved
arbitrators, a copy of the rules and procedures, and a petition. The petition must be completed by
the property owner or legal counsel and returned to this office with the appropriate fees.
Upon receipt of the petition and advancement of fees, your case will be assigned for arbitration. It is
important to promptly comply with the rules and procedures to ensure that your case is dealt with in
a fair and expeditious matter.
Sincerely,
� -(Oj
Esther E. Gesick
Deputy Clerk to the Board
Encl.
M:\BOEARBITRATE.doc
9/02/09
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LH. CLERK TO THE BOARD
PHONE (970) 15, Ext. 4226
FAX: (9(9 35270) 352-0242
P. 0. BOX 758
' GREELEY, COLORADO 80632
Ci
COLORADO
August 3, 2011
PETROCCO FAMILY LIMITED PARTNERSHIP
14110 BRIGHTON RD
BRIGHTON, CO 80601
RE: THE BOARD OF EQUALIZATION, 2011,WELD COUNTY, COLORADO-DENY, IN PART,
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
DESCRIPTION OF PROPERTY: ACCOUNT#: R0169589 PARCEL#: 105723000056-PT NW4
23-4-66 LOT B REC EXEMPT RE-1177 (.84R1D) 16284 44 CR WELD 00000
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 petition of appeal of the County Assessor's valuation of your property described above,for the
year 2011.
The Board of Equalization found that the evidence presented at the hearing supported the
value placed upon your above described property as set below. Such evidence indicated the value
was reasonable, equitable, and derived according to the methodologies, percentages, figures and
formulas dictated by law.
The assessment and valuation is set as follows:
ACTUAL VALUE AS ACTUAL VALUE AS
DETERMINED BY SET BY BOARD
ASSESSOR
$794,017 $781,836.61
ee. r/e.gel) 89--.5-40//
2011-1878
AS0079
PETROCCO FAMILY LIMITED PARTNERSHIP - R0169589
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
2011-1878
AS0079
PETROCCO FAMILY LIMITED PARTNERSHIP - R0169589
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,
Esther E. Gesick
Deputy Clerk to the Board
cc: Christopher Woodruff, Assessor
2011-1878
AS0079
CHRISTOPHER M.WOODRUFF COUNTY ASSESSOR
BRENDA DONES,DEPUTY ASSESSOR
VALUATION REPORT
OF
COMMERCIAL PROPERTY
FOR
Weld County Board of Equalization
PETROCCO FAMILY LIMITED PARTNERSHIP
PETITIONER
VS.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Parcel Number: 1057-23-0-00-056
Schedule Number: R0169589
Log Number: 5264
Date: 7/29/2001
Time: 3:30 PM
Board: CBOE
PREPARED BY
WADE MELIES
WELD COUNTY ASSESSOR'S OFFICE STAFF APPRAISER
ASSESSOR'S VALUE
COMMERCIAL $794,017
Total: $794,017
/J CBOE_CCOOMMMMM_0109
(7( !///-/ 7f
Page
SALIENT FACTS AND CONCLUSIONS
Purpose of Appraisal To determine Market Value as of 1/1/11 based on an
appraisal date of 6/30/10.
Property Rights Appraised Unencumbered fee simple interest.
Location 16284 44 CR
WELD
Land Area 196,891 Square Feet
Property Type Commercial
Storage-Warehouse/Potato
Storage- Potato
Year Built 1985 & 1992
Quality Average
Class Metal Frame
Number of Stories 1
Improvement Sq. Ft. 33,080
Value Indications:
Land $63,280
Cost Approach N/A
Market Approach $800,000
Income Approach $782,000
Final Value $794,017
CBOE_COMM_010998
Page 2
aiC)//- /?7f
Subject Description
The subject property is located on the east side of Highway 85 and south side of County Road 44. The
town of Peckham is located on the west side of Highway 85 at County Road 44. The subject property has
196,891 square feet of land. There are two buildings located on the property. The first building has
21,521 square feet that is used for processing and warehouse storage built in 1985. There is a small
amount of office and restroom space. The building has an average side wall height of 17 feet.
Approximately half the building is at ground level and half at dock high.
The second building has 11,559 square foot that is used for potato and onion storage built in 1992. The
building has a side wall height of 16 feet. There is limited lighting and heat.
WELD COUNTY Colorado ft : _ $ � . p -r-
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CBOE_COMM_01(
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Subject Photos and Sketches
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COST APPROACH SUMMARY
Building one of the subject property was built in 1985. The buildings have been maintained and are in
average condition. For buildings more than 15 years old it is difficult to accurately determine the amour
of physical deprecation that should be applied to the Cost Approach to value. For this reason the Cost
Approach was not provided for this analysis.
CBOE_COMM_01
Pa
MARKET APPROACH SUMMARY
Real property for the tax year 2011 must be valued utilizing the level of value for the period of one
and one-half years immediately prior to June 30th, 2010. A period of five years immediately prior
to July 1, 2010 shall be utilized to determine the level of value if adequate data is not available from
such one and one-half year period to adequately determine the level of value for a class of property.
Said level of value shall be adjusted to the final day of the data-gathering period. Changes occurring
between base years are not to be accounted for until the following level of value is implemented,
other than additions, change in use, detrimental acts of nature, damage due to fire, etc., creation of a
condominium, new regulations restricting or increasing the use of the land, or a combination
thereof{39-1-104(11)(b)(1), CRS}.
Four comparable sales where select to value the subject, including the sale of the subject. The sales
range from $24 to $47 per square foot. All but comparable one are small than the subject and are
used for different uses. Comparable one is the best indicator of value of the subject.
Based upon investigation and analysis, it is the opinion of the appraisers that the value
of$800,000 accurately reflects the market value of the subject property.
VALUE As INDICATED BY THE MARKET APPROACH
$800,000
Subject&Comp 1 Comp2 Comp 3 Comp4
Acct# R0169589 R3470305 R0898001 R4857786
Address 16284 WCR 44 13066 WCR 20 300 8 Av 200 Front St
Town Weld Weld Greeley Platteville
Land sz 196,891 278,784 45,827 206,474
Bldg sz 33,079 17,600 11,544 19,325
Yr Blt 85/92 99 72 28 thru 86
Use Storage Whse/Potato Service Garage Service Garage Svc Grg/Whse
Sale Date 5/5/10 1/7/10 7/16/09 12/9/08
Sale Price $800,000 $800,000 $325,000 $900,000
Sale per $24.18 $45.45 $28.15 $46.57
sf
CBOE_COMM_O'
P.
Comparable One
•
COMPARABLE SALE COUNTY: WELD
ACCOUNT NUMBER: R0169589 PARCEL NUMBER: 105723000056
PRIMARY OCC: Storage - Potato PERCENT: 100%
SECONDARY OCC: Storage - Potato PERCENT: 100%
ADDRESS: 16284 44 CR WELD
RECEPT NUMBER: 3691449 SALE DATE: 5/3/2010
GRANTOR: MARTIN PRODUCE COMPANY INC SALE PRICE: $800,000
GRANTEE: PETROCCO FAMILY LIMITED ADJ SALE PRICE: $800,000
YEAR BUILT: 1985 CLASS: S
EFFECTIVE AGE: 1990 LAND/BLDG RATIO: 5.95
LAND SIZE (SF): 196,891 LAND VALUE: $63,280
BLDG SIZE (SF): 21,520 + 11,559 total 33,079 IMPS PRICE/SF: $22.27
WALL HEIGHT: 17 SALE PRICE/SF: $24. 18
STORIES: 1 INTEREST RATE:
QUALITY: Average
COMMENTS: The subject property is made up of 2 warehouses used for storing onions and other produce.
The property is located just east of Highway 85 and has good visibility
CBOE_COMM_01
Pag
Comparable Two
a0'
2000 Addition
8000.0 sr
100.0'
1r.
Itetea
80.0'
20 0'
Total sq ft 17600 Industrial uydManufacturing
'bsei + —YOC 1999
s;_ ClassS
...F cocay-vac heat
a 16'WH
• N 6'sand/kb walls
kcrawl parking 120 a t Insulated 120.0'
W. 9600.0 sf
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02:26 . 2010 • ,.�, ..... � 6p;
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COMPARABLE SALE COUNTY: WELD
ACCOUNT NUMBER: R3470305 PARCEL NUMBER: 130920200057
PRIMARY OCC: Industrial Light Manufacturing PERCENT: 100%
ADDRESS: 13066 20 CR WELD
RECEPT NUMBER: 3669034 SALE DATE: 1/7/2010
GRANTOR: WALKER KRISTI SALE PRICE: $800,000
GRANTEE: ESPINOZA DON L & ESPINOZA JOANN R ADJ SALE PRICE: $800,000
YEAR BUILT: 1999 CLASS: S
EFFECTIVE AGE: 2000 LAND/BLDG RATIO: 15.84
LAND SIZE (SF): 278,784 LAND VALUE: $ 105,938
BLDG SIZE (SF): 17,600 IMPS PRICE/SF: $39.43
WALL HEIGHT: 16 SALE PRICE/SF: $45.45
STORIES: 1 INTEREST RATE:
QUALITY: Average
COMMENTS: Confirmed with buyer an appraisal was done. Subject has good visibility from Highway 85.
CBOE_COMM_01 C
Paf
Comparable Three
120 0'
Land 45827 0 sq ft
First Floor 11544 0 sq ft
7S Rstk Tower
2710,
" :- '' 400' 300 t
0x 120H
"III 1 H14' it
Shed
• r+■"" — 1210 sot
190 0' 3r 01
60 01 600' onsets
service 374 0 sq 11
1101
Y0C 1972
111 a 34O
100
510 - 3201
08/ 12/2009 ser <e
Canuete
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YC{1981 Z 100'
200' 110'
104
273 0'
%ett,W Fyn IVWrdo.s
COMPARABLE SALE COUNTY: WELD
ACCOUNT R0898001 PARCEL NUMBER: 096105224020
PRIMARY OCC: Service Garage PERCENT: 100%
SECONDARY OCC: PERCENT:
ADDRESS: 300 8 AV, GREELEY
RECEPT NUMBER: 3636972 SALE DATE: 7/16/2009
GRANTOR: ROBERT STANLEY COMPANY SALE PRICE: $325,000
GRANTEE: WELD CO ADJ SALE PRICE:
YEAR BUILT: 1972 CLASS: S
EFFECTIVE AGE: 1985 LAND/BLDG RATIO: 3.97
LAND SIZE (SF): 45,827 LAND VALUE: $91,654
BLDG SIZE (SF): 11 ,544 IMPS PRICE/SF: $20.21
WALL HEIGHT: 14 SALE PRICE/SF: $28. 15
STORIES: 1 INTEREST RATE:
BSMNT SIZE: DOWN PYMT:
BSMNT FINISH: LOAN TERM (YRS):
ZONING: GRE IL POINTS PAID:
QUALITY: Average
COMMENTS: The subject service garage had been vacant for approximately 2 years before
selling to the Weld County Government. The subject was on the open market for
approximately 1 year before selling to Weld County for $325,000. The sale was
market value.
CBOE_COMM_01(
Pal
Comparable Four
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09/23/2009 09/23/ 2009
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COMPARABLE SALE COUNTY: WELD
ACCOUNT NUMBER: R4857786 PARCEL NUMBER: 121118000003 & 022
PRIMARY OCC: Light Industrial Shell Buildings PERCENT: 100%
SECONDARY OCC: Industrial Light Manufacturing PERCENT: 100%
THIRD OCC: Single Family Residential PERCENT: 100%
ADDRESS: 200 FRONT ST PLA'I"I'EVILLE
RECEPT NUMBER: 3593682 SALE DATE: 12/1/2008
GRANTOR: PLATTEVILLE READY MIX LLC SALE PRICE: $900,000
GRANTEE: RYSER R JACK ADJ SALE PRICE: $900,000
YEAR BUILT: 1928 to 1986 CLASS: S
EFFECTIVE AGE: varies LAND/BLDG RATIO: 10.68
LAND SIZE (SF): 206,474 LAND VALUE: $144,570
BLDG SIZE (SF): 19,325 IMPS PRICE/SF: $39.09
WALL HEIGHT: 16 SALE PRICE/SF: $46.57
STORIES: 1 QUALITY: Average
COMMENTS: Sale is for two parcels and six building in northeast Platteville. The buildings vary in age and condition but in
general would be considered average for the area. There is a residence on the property which is used as employee housing.
CBOE_COMM_0'
PE
INCOME APPROACH SUMMARY
The Weld County Assessor has appropriately considered the Income Approach to value for the Subject
property on appeal.
The Assessor has gathered income information from local commercial properties for the time frame of
January 1, 2009 through June 30, 2010. This information, combined with statewide and industry-wide
data, is used to determine typical income and expenses for various property types.
In conclusion of the Income Approach, the Assessor has considered both groups of data and has put mon
emphasis on the local factors and data than the state and national data. This information was then applii
to the subject property to arrive at an appropriate Income Approach Value.
Three comparable leases were found that could be used as onion or potato storage. Comparable One is a
produce storage distribution center. This comparable is less than one mile from the subject and has
similar uses. Comparables Two and Three are adjusted downward for the amount of power and lighting
available. It is thought that$2.75 per square foot NNN is the amount of rate the subject could generate.
Lease Rent
Name Address City Date Size NNN Use
Comp 1 Former Ralph Nix Produ 16885 44 WCR Weld 2010 26,000 2.74 Produce Storage
Comp 2 QUICK MIX 7 JOE MARTINEZ AULT 2009 10,972 $4.59 Light Mfg
Comp 3 Specialty Products 14331 Hilltop Rd Mead 2009 28,147 $3.55 Light Mfg
TOTAL INCOME VALUE FOR THE SUBJECT PROPERTY
$782,000
Rent 33,080 sf $2.75 per sf NNN
Potential Income $90,970
Vac& Loss 15% $13,646
Effective Income $77,325
Expenses
Mngt 5% $3,866.23
Rsry 4% $3,092.98
Total Expense $6,959.21
Net Operating Income $70,365.30
Cap Rate 9%
Rounded
Indicated Value $781,836.61 $782,000
CBOE_COMM_010.
Page
CONCLUSION
Real property for the tax year 2011 must be valued utilizing the level of value for the period of one
and one-half years immediately prior to June 30th, 2010. A period of five years immediately prior
to July 1, 2010 shall be utilized to determine the level of value if adequate data is not available from
such one and one-half year period to adequately determine the level of value for a class of property.
Said level of value shall be adjusted to the final day of the data-gathering period. Changes occurring
between base years are not to be accounted for until the following level of value is implemented,
other than additions, change in use, detrimental acts of nature, damage due to fire, etc., creation of a
condominium, new regulations restricting or increasing the use of the land, or a combination
thereof{39-1-104(11)(b)(I), CRS}.
The subject property has been classified as Commercial Property for assessment purposes. Commercial
property value shall be determined by appropriate consideration of the Cost Approach, Market Approacl
and Income Approach to value. {39-1-103(5)(a)C.R.s.} The Assessor has considered all three approaches tc
value for the subject parcel on appeal.
FINAL RECONCILIATION
After consideration of the market and income approaches, it is the Weld County Assessor's opinion that
the value of$794,017, most accurately reflects the value of the subject property in Weld County for the
2011 tax year.
COST APPROACH MARKET APPROACH INCOME APPROACH
N/A $800,000 $782,000
ASSESSORS VALUE
COMMERCIAL $794,017
Total: $794,017
CBOE_COMM_01
Pay'
APPRAISAL STANDARDS AND ETHICS
CERTIFICATION
I certify to the best of my knowledge and belief that:
The statements of fact contained in this report are true and correct.
The reported analyses, opinions and conclusions are limited only by the reported assumptions and
limiting conditions and is my personal unbiased professional analyses, opinions and conclusions.
I have no present or prospective interest in the property that is the subject of this report,and I have no
personal interest or bias with respect to the parties involved.
My compensation is not contingent on an action or event resulting from the opinion or conclusions in, of
the use of,this report.
My analyses, opinions and conclusions were developed, and this report has been prepared, in conformit
with the Uniform Standards of Professional Appraisal Practice.
No one provided significant professional assistance to the person signing this report.
I have made a personal inspection of the property that is the subject of this report.
11/Ct,A) Ydet""
Wade I.Melies
Commercial Appraiser
Colorado Certified General Appraiser CG40036400
CBOE_COMM_0
Pa{
7/21
NOTICE OF DETERMINATION 10;30
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
R0169589 2011 0108 PT NW4 23-4-66 LOT B REC EAPTRE-.,
1177(.84R1D) 1628444CR.WELQ00000
w
16284 44 CR,WELD
PETROCCO FAMILY LIMITED PARTNERSHIP
14110 BRIGHTON RD
2 BRIGHTON,CO 80601
w
cc
a a-
ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER
REVIEW REVIEW
COMMERCIAL 794,017 794,017
TOTAL $794,017 $794,017
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.
2011-1878
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.)
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, ap raisal, tc.)
ePj/e% P cia ,ai to-a nt,CAte AereUse 1-4 h7/e/. Litece
(a M5evikf tot ,w /985 ,,,,c/ a-ce sea-or /1141 rI cu[ .z 2a f Uri L117 ze0. Z wr)/
g{f a /7oeacic� a?zDre[+tozl c/a anSiDeu$ 1 .
00
ATTESTATION
I, the undeL !ned o ner or -gent of the property identified above, affirm that the statements contained
herei : d . 'an ttach -nts heret'. are true and complete.
ate A e6e. Sac 'c3 659 6�9S/ d'aue Yo 1-e.7//
Signatur Telephone Number Date
15-DPT-AR
PR 207-08/11
R0169589 9753
' Attach letter of authorization signed by property owner.
a
-11 CLERK TO THE BOARD
PHONE (970) 336-7215 EXT 4226
FAX: (970) 352-0242
WEBSITE: www.co.weld.co.us
'Klitt D 915 10TH STREET
P.O. BOX 758
C. GREELEY, COLORADO 80632
WI
COLORADO
July 25, 2011
PETROCCO FAMILY LIMITED PARTNERSHIP
14110 BRIGHTON RD
BRIGHTON, CO 80601
Parcel No.: 105723000056 Account No.: R0169589
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of July 29, 2011, at or about the hour of
3:15 PM, 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.
2011-1878
I�Z u Spokkt LL/ Nwi CI P. AS0079
303- 748 L: l 1
PETROCCO FAMILY LIMITED PARTNERSHIP - R0169589
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
2011-1878
AS0079
Esther Gesick
From: Courtney Anaya
Sent: Thursday, July 28, 2011 2:02 PM
To: Esther Gesick
Cc: Wade Melies
Subject: Petrocco
Hi Esther,
I was able to get in touch with Mr. Petrocco and he agreed to reschedule his hearing for 10:30 tomorrow morning. So,
that just leaves two hearings for the morning! O
Courtney Anaya
Assistant Analyst
Weld County Assessor's Office
(970)353-3845 ext. 3670
canaya@co.weld.co.us
1421 ]UII
W E teo N T T
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.
1
B0E SUMMARY SHEET
Account Number: R0169589 Parcel Number: 105723000056
PETROCCO FAMILY LIMITED PARTNERSHIP
14110 BRIGHTON RD
BRIGHTON, CO 80601
HEARING DATE: 7/29/2011, AT 10:30 AM �,QQ� C� 7
HEARING ATTENDED? 9/N) NAME: kl. Vt-lJ`� / .C�G�
AGENT NAME:APPRAISER NAME: WJM a)aitu /{�'�t
DECISION
ACTUAL VALUATION
APPROVE BY SET BY
ASSESSOR BOARD
TOTAL ACTUAL VALUE 794,017
7 i
7S'/, 836 �/
COMMENTS: /V "" �
MOTION BY tOg TO Clibt4Lf. 'Rik pad-del 0GU
SECONDED BY IL—
Conway-- N)
Failed to prove appropriate value Garcia -- N)
No comparables given Long --ON)
11
Assessor's value upheld Rademacher-- )
Other:
RESOLUTION NO. 2011-1878
M:\BOE\SUMMARY.dotx
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