HomeMy WebLinkAbout20112407.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND
OF TAXES -WINDSOR COMMONS SELF STORAGE, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at
a duly and lawfully called regular meeting held on the 12th day of September, 2011, at which
meeting there were present the following members: Chair Barbara Kirkmeyer, and
Commissioners Sean P. Conway, William F. Garcia, David E. Long, and Douglas Rademacher,
and
WHEREAS, notice of such meeting and an opportunity to be present has been given to
the taxpayer, their agent, Property Tax Advisors, Inc., 3090 South Jamaica Court, Suite 204,
Aurora, Colorado 80014, and the Assessor of said County, with said Assessor, Christopher
Woodruff, being present, and taxpayer, Windsor Commons Self Storage, LLC, not being
present, and
WHEREAS, the Board of County Commissioners has carefully considered the attached
petition, and is fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and
the petition be and hereby is, denied, and an abatement or refund be denied as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$0.00 $0.00 2009
$0.00 $0.00 2010
2011-2407
AS0078
TAX ABATEMENT PETITION -WINDSOR COMMONS SELF STORAGE, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
St D COUNTY, COLORADO
Fi
ATTEST:
irkmeyer, C air
Weld County Clerk to the Board " j
67
1: 77d..61-4
} . n P;/Conway, Pro-Tem
BY: 1� / f1'-'/ 5777,
Deputy Clerk to the Board
m F. arcia
APP AS v F
vid E. Long
nt ttorney ..g,Y1q
ou s Rademajther
Date of signature: W2o///
2011-2407
AS0078
PETITION FOR ABATEMENT OR REFUND OF TAXES
ao/A D�
County: Weld Date Received
(Use Assessor's or Commissioners'Date Stamp)
Section I: Petitioner, please complete Section I only. - RECEIVE
Date: April 11 2011
Month Day Year
Petitioner's Name: Windsor Commons Self Storage LLC MAY n 2 2011
Petitioner's Mailing Address: 1298 Main St. MBO 4222
Windsor CO 80WELD COUNTY ASSESSOR
City or Town State 'zip°GREELEY, I,ULORADO
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
R0841201 1172 Automation Dr.
Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the
above property for property tax year(s) 2009 and 2010 are incorrect for the following reasons: (Briefly
describe why the taxes have been levied erroneously or illegally,whether due to erroneous valuation, irregularity in
levying, clerical error or overvaluation. Attach additional sheets if necessary.)
Property is overvalued. See attached"Appeal of Real Property Valuation".
Petitioner's estimate of value: $1,002,200 (2009 )and $1,002,200 (2010
Value Year Value Year
I declare,under penalty of perjury in the second degree,that this petition, together with any accompanying exhibits
or statements, has been prepared or examined by me,and to the best of my knowledge, information and belief, is
true, correct,�" 4
/c and complete.
'L''" Daytime Phone Number f )
}}Pe r ignature
By --`-" Daytime Phone Number 303 )368-0500
A nt's Si at '
LX'r, 1St, 5e2c. '
'Letter of agency must be attached when petition is submitted by an agent.
If the Board of County Commissioners,pursuant to§39-10-114(1),C.R.S.,or the Property Tax Administrator,pursuant to§39-2-116,C.R.S.,
denies the petition for refund or abatement of taxes in whole or in part,the Petitioner may appeal to the Board of Assessment Appeals pursuant
to the provisions of§39-2-125,C.R.S.,within thirty days of the entry of any such decision,§39-10-114.5(1),C.R.S.
Section II: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year a POI Tax Year Oc 0/0
Actual Assessed Tax Actual Assessed In
2'9it 35Stit, 33t'7 '3/ /i5V hif 355,09' -3/n/-1/original , .�5
corrected /g5 7, 99c 373y r 1'3C� ,5 3 1/71-3/ 4:25Y,990 ;cc/1'k 59 277 P'
Abate/Refund '
❑Assessor recommends approval as outlined above.
If the request for abatement is based upon the grounds of overvaluation,no abatement or refund of taxes shall be made if an objection or protest
to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer,§39-10-114(1)(a)(l)(D),C.R.S.
Tax year Protest? ❑No ❑Yes (If a protest was filed,please attach a copy of the NOD.)
Tax year: Protest? 0 No 0 Yes (If a protest was filed,please attach a copy of the NOD.)
Assessor recommends denial for the following reason(s):
p77,_ O5-t-tidctAir „Gai 'ff1 a CO On/ dc!'c.
Assessor's or Deputy Assessor's --' -- \`
15-DPT-AR No.920-66/11
2011-2407
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to §39-10-114.C.R.S.shall be acted upon pursuant to the provisions of this section by the
Board of County Commissioners or the Assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1 7),C.R.S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$10,000)
The Commissioners of County authorize the Assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
abatement or refund in an amount of$10,000 or less per tract, parcel,or lot of land or per schedule of personal
property, in accordance with§39-1-113(1.5),C.R.S.
The Assessor and Petitioner mutually agree to the values and tax abatement/refund of:
Tax Year Tax Year
Actual Assessed Tax Actual Assessed Dar
Original
Corrected
Abate/Refund
Note.The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if
applicable. Please contact the County Treasurer for full payment information.
Petitioner's Signature Date
Assessor's or Deputy Assessor's Signature Date
Section IV: Decision of the County Commissioners
(Must be completed if Section III does not apply)
WHEREAS,the County Commissioners of County,State of Colorado, at a duly and lawfully
called regular meeting held on / / , at which meeting there were present the following members:
Month Day Year
with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor
of said County and Assessor (being present--not present)and
Name
Petitioner (being present--not present), and WHEREAS,the said
Name
County Commissioners have carefully considered the within petition, and are fully advised in relation thereto,
NOW BE IT RESOLVED,that the Board (agrees—does not agree)with the recommendation of the Assessor
and the petition be(approved--approved in part--denied)with an abatement/refund as follows:
Year Assessed Value Taxes Abate/Refund Year Assessed Value Taxes Abate/Refund
Chairperson of the Board of County Commissioners'Signature
County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the
record of the proceedings of the Board of County Commissioners.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
this day of
Month Year
County Clerk's or Deputy County Clerk's Signature
Note: Abatements greater than$10,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review.
Section V: Action of the Property Tax Administrator
(For all abatements greater than$10,000)
The action of the Board of County Commissioners, relative to this abatement petition, is hereby
❑Approved ❑Approved in part$ ❑ Denied for the following reason(s):
Secretary's Signature Property Tax Administrator's Signature Date
15-OPT-AR No.920-66/11
Agent: PROPERTY TAX ADVISORS, INC.
3090 South Jamaica Court, Suite 204
Aurora, Colorado 80014
TEL: (303)368-0500; FAX: (303)368-0573
Petition To: BOARD OF COUNTY COMMISSIONERS
Subject: APPEAL OF REAL PROPERTY VALUATION
Tax Year: 2009 & 2010
County: Weld
Schedule Number: R0841201 PTA# 4449
Property Address: 1172 Automation Dr.
Property Owner: Windsor Commons Self Storage LLC
Inclusions: X Photograph(s) of Subject Property
Correlation and Conclusions
X Income Approach
Market Sales
Cost Approach
_ Salient Facts
Report Date: 4/7/11 Effective Date: 6/30/08
PETITIONER'S FINAL ESTIMATE OF VALUE: $1,002,200
Value per Square Foot: $23.96
ASSESSOR'S VALUE $1,254,990
Value per Square Foot: $30.00
Site Size 126,453 s.f. YOC 2003 Effective Bldg. Age (yrs) 10
Gross Building Area 41,833 s.f. Remaining Econ. Life (yrs) 30
Land to Bldg. Ratio 3 :1 Zoning Ind. Construction Masonry
Use: Mini Storage Facility
SUBJECT PROPERTY
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Rental Rate: $0.00 /sf
Source: Owner provided income and expense
Factors Affecting Rental Rate:
0 sf x $0.00/sf= $0
0 sf x $0.00 /sf= $0
0 sf x $0.00 /sf= $0
Potential Gross Income $ 160,332
Source: Annualized 2007 and 2008 Actual Income Occupancy Rate X 0.95
Effective Gross Income $ 152,315
Source: Annualized 2007 and 2008 Actual Expense Expenses - 44,085
(R.E.Taxes& Dep. Excluded)
Net Operating Income $ 108,230
Source: Cap Rate 8.00% Capitalization Rate - 0.1080
*ETR 2.7994%
Overall Rate 10.7994% VALUE BY INCOME APPROACH $ 1,002,189
Mill Levy 0.09653 Say $ 1,002,200
Assessment Rate 0.29
*ETR 0.0280
Revenue: 2007 2008 Comments:
$ 168,265 $ 144,466
Total: $ 168,265 $ 144,466
Annualized: $ 160,332
2007 2008
Expenses:
Total $ 48,969.00 $ 34,318.00
Total: $48,969 $34,318
Annualized: $44,085
Form 8825 Rental Real Estate Income and Expenses of a
(Rev December 2006) Partnership or an S Corporation OMB No. 1545-1186
Department of the Treasury • See instructions.
Internal Revenue serv,ce Attach to Form 1065,Form 1065-B,or Form 11205.
Name
Employer identification number
Windsor Commons Self Storage, LLC 75-3086087
1 Show the kind and location of each property. See page 2 to list additional properties.
A Buildings
B
C
D
Pro•erties
Rental Real Estate Income A B C O
2 Gross rents 2 168,265.
Rental Real Estate Expenses
3 Advertising 3 2, 730.
4 Auto and travel 4
5 Cleaning and maintenance 5
6 Commissions 6
7 Insurance 7 1, 652.
8 Legal and other professional fees 8 750.
9 Interest 9 154,90 . , u
10 Repairs 10
11 Taxes 11 9F 739 J
12 Utilities 12 6, 718 .
13 Wages and salaries 13
14 Depreciation (see instructions) 14 3•S, 212.
15 Other (list) • Office Supplies
Teleahone 2 185.
Supplies 15 50.
* STMT 18, 058. 155, ZZ
!0•• O14.4 (ih,rwt !et %„p r _ • -, : .�. /VP/ /72,-' *i'
16 Total expenseess for each property.
Add lines 3 through 15 16 248, 990.
17 Total gross rents. Add gross rents from line 2, columns A through H 17 168, 265.
18 Totai expenses. Add total expenses from line 16, columns A through H 18 --248, 990.
19 Net gain (loss)from Form 4797, Part II, line 17, from the disposition of property from rental real
estate activities
19
20a Net income (loss) from rental real estate activities from partnerships, estates, and trusts in which this
partnership or S corporation is a partner or beneficiary (from Schedule K-1) 20a
b Identify below the partnerships, estates, or trusts from which net income (loss) is shown on line 20a.
Attach a schedule if more space is needed:(1) Name (2) Employer identification number
21 Net rental real estate income (loss). Combine lines 17 through 20a. Enter the result here and on: 21 —80,725.
• Form 1065 or 1120S: Schedule K, line 2, or
• Form 1065-B: Part I, line 4
BAA For Paperwork Reduction Act Notice,see the separate instructions. Form 8825(12-2006)
5PSZ0101 72/15/06
Windsor Commons Self Storage, LLC 75-3086087 1
Form 8825, Page 1, Line 15
Other Expenses Stmt
Other (list)►
Credit card fees 3, 136.
Miscellaneous 50.
Amortization 382 .
Contract labor 10, 640.
Gifts 250.
Snow removal 3, 600.
Total 18, 058.
•
Form 8825 Rental Real Estate Income and Expenses of a
(Rev December 2006) Partnership or an S Corporation OMB No. 1545-1186
Department of the Treasury See instructions.
Internal Revenue Service Attach to Form 1065,Form 1065-B,or Form 11205.
Name •
Employer identification number
Windsor Commons Self Storage, LLC 75-3086087
1 Show the kind and location of each property. See page 2 to list additional properties.
A Buildings
B
C
D
Properties
Rental Real Estate Income A B C D
2 Gross rents 2 144, 466.
Rental Real Estate Expenses
3 Advertising 3 245.
4 Auto and travel 4
5 Cleaning and maintenance 5
6 Commissions 6
7 Insurance 7 1, 817 .
8 Legal and other professional fees 8 1, 200.
9 Interest 9 3.07, 7-06. 64-
10 Repairs 10 1, 436. i
11 Taxes 11 2-97-84-74 0JT
12 Utilities 12 8, 572.
13 Wages and salaries 13
14 Depreciation (see instructions) 14 3g,4-4t, ovrE
15 Other (list) n-Office Supplies_ 123.
Credit card fees t5 2, 665.
Contract labor 3, 155. /
.M * STMT /�,,� 659. Nd1- 4il q,44'1
/O'/ /1uwwlc ct* � TJ �J/
u t �y . No —.r'(� �3�: �' y;
16 Total expenses for each property. i�5
Add lines 3 through 15 16 192, 181.
93./G17 F 272 1
17 Total gross rents. Add gross rents from line 2, columns A through H 17 144, 466.
18 Total expenses. Add total expenses from line 16, columns A through H 18 —192, 181.
19 Net gain (loss) from Form 4797, Part II, line 17, from the disposition of property from rental real
estate activities 19
20 a Net income(loss)from rental real estate activities from partnerships, estates, and trusts in which this
partnership or S corporation is a partner or beneficiary (from Schedule K-1) 20a
b Identify below the partnerships, estates, or trusts from which net income (loss) is shown on line 20a.
Attach a schedule if more space is needed:
(1) Name (2) Employer identification number
21 Net rental real estate income (loss). Combine lines 17 through 20a. Enter the result here and on: 21 —47, 715.
• Form 1065 or 11205: Schedule K, line 2, or
• Form 1065-B: Part I, line 4
BAA For Paperwork Reduction Act Notice,see the separate instructions. q U a/ Form 8825(12-2006)
'�� nt- /° Zug 5/2_
SRSZ0101 12/15/05 off/ 'C9/Zo/0 ✓k/ac
1/ 2 W 190
Property Tax Advisors, Inc. (303)368-0500
3090 S.Jamaica Ct., Suite 204 FAX (303)368-0573
Aurora,Colorado 80014
CONSULTANT - AGENCY AGREEMENT
_a Corporation
Property Owner: Windsor Commons Self Storage LLC x a Partnership
as Individuals
County: Weld a Trust
P.I.N. Property Address
R0841201 1172 Automation Dr.
The undersigned hereby appoints and authorizes Property Tax Advisors, Inc. as its Agent and Consultant in the preparation
and execution of a real estate valuation appeal(s) on behalf of the undersigned in regard to the above enumerated
property(ies) for the assessment year(s)2011-2012 and for the prior two years. The undersigned further authorizes Property
Tax Advisors,Inc.,as Agent of the undersigned,to execute and cause to be filed on behalf of the undersigned,in the name of
the undersigned, any and all documents relating to an appeal of the subject property's(ies')valuation(s).
This agreement is executed this day of 1,it7/22i(a e2/ , 20 /1.
BY:
Print Name:, tTA/qz F _ 5n Title:5VAvv_e �`+,7 y/j.ai.fiai
l (If Corporatlefi, yqur title; (or) Owner, General Partner,
Telephone No.: g1/40)4741—ling Lessee,Power of Attorney,Trustee,etc.)
Fax No.:
Rev. 12/10
CLERK TO THE BOARD
PHONE: (970) 336-7215, EXT. 4226
1 8 6 I - 2 0 1 1 FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
i
WELD_COUNTY
August 22, 2011
WINDSOR COMMONS SELF STORAGE LLC
1298 MAIN ST MBO 4222
WINDSOR CO 80550
RE: SCHEDULE NUMBER R0841201
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: 1172 Automation Drive. The
meeting is scheduled for September 12, 2011, at 9:00 a.m., in the Weld County Administration
Building, 1150 O Street, Greeley, Colorado.
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,
31
Tonya Disney
Deputy Clerk to the Board
cc: Assessor
PROPERTY TAX ADVISORS INC
3090 S JAMAICA CT STE 204
AURORA CO 80014
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
I 8 6 1 2 0 1 I 1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
i
WELEL_000NTY
September 22, 2011
WINDSOR COMMONS SELF STORAGE LLC
1298 MAIN ST MBO 4222
WINDSOR CO 80550
RE: SCHEDULE NUMBER R0841201
Dear Property Owner:
On September 12, 2011, 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,
.
l
Tonya Disney
Deputy Clerk to the Board
cc: Assessor
PROPERTY TAX ADVISORS INC
3090 S JAMAICA CT STE 204
AURORA CO 80014
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