HomeMy WebLinkAbout20112406.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND
OF TAXES - F AND P, 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, F and P, 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
Ask, AppL , Peg-v1/4;
C{ - ai I I 2011-2406
AS0078
TAX ABATEMENT PETITION — F AND P, 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
WELD COUNTY, COLORADO
ATTEST: { 12..P
' /uC4u i /h<< E,C
r 7. /1 a ,\Kirkmeyer, hair
Weld County Clerk to the Board r" :At,
%. 1 ; ,'6eirr on y, Pro-Tem
BY: �i7,?,ite�i 'T C_ _---7
Deputy Clerk to the Board .
` i "a . Garcia
APPD A M:
�f David E. Long
OittorneY ci:SS /as d 1/
Doug#as Radema Qer
Date of signature: 7/2-0///
2011-2406
AS0078
PETITION FOR ABATEMENT OR REFUND OF TAXES
County: Weld Date Received �/A
(Use Assessor's or Commissioners'Date Stamp)
Section I: Petitioner,please complete Section I only. RECEIVED
Date: March 25 2011
Month Day Year
F&PLLC MAY o2 2011
Petitioner's Name: - -
Petitioner's Mailing Address: P.O.Box 578 _
Greeley co aos'32ELD COUNTY ASSESSOR
6REELEY, cof ORADO
City or Town State Zip Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY
R2094086 4687 W. 18 St.
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: $ 1,959,150 (2009 )and $1,959,150 (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, and complete.
Daytime Phone Number f
P •i er' ignature
By �� Daytime Phone Number f 303 ) 368-0500
Agent's� na e'
art rt&) e 02Crcn Poy 1.tte -
'Letter of agency must be attached when rp ion 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 it: Assessor's Recommendation
(For Assessor's Use Only)Tax Year oD Tax Year dl0/e
A ual Assessed Tax Actual Assessed 3
Original 67;37,Soo b/8�0,0 91,78290 .1,23V,Coo 6 y9,oio Y�,/3y oG
Corrected ac.ass� rev 6f J' 2/o 4,7d'o.90 d,23f;fo2 6frig, o 14//33/.26
Abate/Refund 1� -�-
❑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)0)(D),C R.S.
Tax year: Protest? 0 No ❑Yes (If a protest was filed,please attach a copy of the NOD.)
Tax year: Protest? ❑No 0 Yes (If a protest was filed,please attach a copy of the NOD.)
%I Assessor recommends�denial for the following re�sor{(s):45 , C:(99/ 0/1).
"
Assessor's or Depu As ss '.
15-DPT-AR No.920-66/11 2011-2406
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition for abatement or refund filed pursuant to 4 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 Actual Assessed Tax
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-DPT-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: R2094086 PTA# 4461
Property Address: 4687 W. 18 St.
Property Owner: F & P LLC
Inclusions: _X_ Photograph(s) of Subject Property
_X_ Correlation and Conclusions
X Income Approach
X Market Sales
Cost Approach
Salient Facts
Report Date: 3/25/11 Effective Date: 6/30/08
PETITIONER'S FINAL ESTIMATE OF VALUE: $1,959,150
Value per Square Foot: $107.56
ASSESSOR'S VALUE: $2,234,500
Value per Square Foot: $122.67
Site Size 91,026 s.f. YOC 1982 Effective Bldg. Age (yrs) 10
Gross Building Area 18,215 s.f. Remaining Econ. Life (yrs) 30
Land to Bldg. Ratio 5.0 :1 Zoning Comm. Construction Masonry
Use: Office Building
SUBJECT PROPERTY
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Property Address: 4687 W. 18 St. PTA# 4461
Final Estimate of Value: $1,959,150
CORRELATION AND CONCLUSIONS:
Petitioner gives equal weight to its (2) approaches:
Market Approach= $1,971,600 X 50% _ $985,800
Income Approach= $1,946,700 X 50% _ $973,350
ASKING VALUE = $1,959,150
Market Income-W
Rental Rate: $0.00 /sf
Source: Owner Occupied
Factors Affecting Rental Rate:
18,215 sfx 10.00 /sf= $182,150
0 sf x $0.00 /sf= $0
0 sf x $0.00 /sf= $0
Potential Gross Income $ 182,150
Source: Historic Occupancy Rate X 0.95
Effective Gross Income $ 173,043
Source: Market 10% Expenses - 17,304.25
Net Operating Income $ 155,738
Source: Cap Rate 8% Capitalization Rate + 0.08
VALUE BY INCOME APPROACH $ 1,946,728
Say $ 1,946,700
Comments:
Market Sales
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1175 58th Ave
Greeley,CO 80634
Class B Medical Building of 14,920 SF Sold on 0111412008 for
$1,700,000-Research Complete
buyer.,DrJanGillespie-Wagner
clo Jan Gillespie-Wagner
18025 WCR-128 �.
Nunn,CO 80648
seller.:' _..
DJ&CD Fagerberg LTD
c/o David Fagerberg
3527 Cindy PI
Greeley,CO 80631
.vital data , . r, r .,..
Escrow/Contract: 45 days Sale Price: $1,700,000
Sale Date: 01/14/2008 Status: Confirmed
Days on Market: 660 days Building SF: 14,920 SF
Exchange: No Price/SF: $113.94
Conditions: High Vacancy Property Pro Forma Cap Rate: -
Land Area SF: 60,648 Actual Cap Rate: -
Acres: 1.39 Down Pmnt: $935,000.00
$/SF Land Gross: $28.08 Pct Down: 65.0%
Year Built,Age: 1999 Age:9 Doc No: 3529017
Parking Spaces: 65 Trans Tax: $170
Parking Ratio: 4.36/1000 SF Corner: No
FAR: 0.25 Zoning: -
Lot Dimensions: - No Tenants: 2
Frontage: - Percent Improved: 79.7%
Tenancy: Multi Submarket: Weld County
Comp ID: 1473397 Map Page: -
Parcel No: 095910227010
Property Type: Office
income expense data - listing broker
Expenses -Taxes $34,193 Realtec Commercial Real Estate Services
-Operating Expenses 1711 61st Ave
Total Expenses Greeley,CO 80634
(970)346-9900
Bernie Blach,Kate Struzenberg
buyer broker
Realtec Commercial Real Estate Services
1711 61st Ave
Greeley,CO 80634
(970)346-9900
Bernie Blach,Kate Struzenberg
.financing _
1st Cache Bank&Trust
Bal/Pmt: $765,000
This wpyn fined report contahs research licensed to Property Tax Advisors,Inc.-8255. 3/15/2011
p89p88t!UI ADVISORS Page 3
1020 9th St
Greeley,CO 80631 not 4
y r
Class C Office/Residential$ Building of SF Sold on >! .r Ce / .
03/21/2007 for$2,295,100-Research Complete ` S. 1 1 7 �1/� �"► s,s
buyer
Danny L&Hannah T Miller M th • fi r
c/o Danny Miller
309 Goodrich Ave ^r •
3
Platteville,CO 80651 _
(970)785-2125 \. s:" J 1 .
seller .. ---,e�- '1, r `
` .... Wy..�-"-`fie _. �'
Property One
c/o And'Arizmendi
1020 9th St EU!!!!
11Y0
Escrow/Contract: 60 days Sale Price: $2,295,100
Sale Date: 03/21/2007 Status: Confirmed
Days on Market: - Building SF: 27,367 SF
Exchange: No Price/SF: $83.86
Conditions: - Pro Forma Cap Rate: -
Land Area SF: 11,400 Actual Cap Rate: 6.0%
Acres: 0.26 Down Pmnt: $573,850.00
$/SF Land Gross: $201.33 Pd Down: 25.0%
Year Built,Age: 1974 Age:33 Doc No: 3464483
Parking Spaces: 44 Trans Tax: $229.50
Parking Ratio: 1.45/1000 SF Corner: No
FAR: 2.40 Zoning: CH,County
Lot Dimensions: - No Tenants: 2
Frontage: - Percent Improved: -
Tenancy: Multi Submarket: Weld County
Comp ID: 1284997 Map Page: -
Parcel No: 96105330014[Partial List]
Property Type: Office
income expense data 1.1 - listing broker.
No Listing Broker on Deal
buyerbroker
No Buyer Broker on Deal
financing _ I
1st Farmers Bk
Bal/Pmt: $1,721,250
This copyrighted report contans research licensed to Roperly Tax Advisors,Inc.-8255. 3/15/2011
larecat�TAI 4HISIA[
v__,....._...--..._._.. Page 1
1220 11th Ave
Greeley,CO 80631
Class C Office Building of 15,066 SF Sold on 06/2712008 for
$475,000-Research Complete .
buyer "f'-`:;.-
Roy W Martin ,F 1(
c/o Michael Landen -
19495 CR 80 '
Ault,CO 80610 - y
(970)834.2836 "•
seller • - tD • c. t
.SIR"'�
Robert L Childers •
c/o C Chavies
1599 61st Ave "�
Greeley,CO 80634
(970)353-2925 ("I!Ni ue
•
vital data • ' _ • :
Escrow/Contract: 450 days Sale Price: $475,000
Sale Date: 06127/2008 Status: Confirmed
Days on Market: 98 days Building SF: 15,066 SF
Exchange: Yes Price/SF: $31.53
Conditions: 1031 Exchange Pro Forma Cap Rate: 9.9%
Land Area SF: 14,985 Actual Cap Rate: 8.2%
Acres: 0.34 Down Pmnt: $250,000.00
$/SF Land Gross: $31.70 Pct Down: 52.6%
Year Built,Age: 1961 Age:47 Doc No: 3564277
Parking Spaces: 35 Trans Tax: $47.50
Parking Ratio: 2.32/1000 SF Corner: No
FAR: 1.01 Zoning: C-H,City of Greeley
Lot Dimensions: - No Tenants: 3
Frontage: • Percent Improved: 90.0%
Tenancy: Multi Submarket: Weld County
Comp ID: 1554249 Map Page: -
Parcel No: 096108208002
Property Type: Office
•
income expense data '. • .. . •, listing broker
Realtec Commercial Real Estate Services
1711 61st Ave
Greeley,CO 80634
(970)346-9900
Kate Struzenberg
buyer broker •-•••
financing .. .. .- �•` . °' i'r . • •
1st Private Lender
Bal/Pmt: $225,000
rsoti —
This coppddued report contahs research licensed to Roprly Tax Seeman,Inc.-8255. 3/15/2011
raa rii�arlsiws
Pape 2
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: F& P LLC _a Partnership
as Individuals
County: Weld a Trust
P.I.N. Property Address
R2094086 4687 W 18 St.
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 p perty's(ies')valuation(s)../
::: me
tisexeis dayof t� ` • n ""
Print Name: C--Ir l `) iC t U\ In n hd Title: (n eA)rtr—
(If Corporation, your title; (or) Owner, General Partner,
Telephone No.: cfl D - - 11D 4 Lessee,Power of Attorney,Trustee,etc.)
Fax No.: 01-10 - 5 D(o - 33 8 9
Rev. 12/10
CLERK TO THE BOARD
PHONE: (970) 336-7215, EXT. 4226
I 861 - 2011 FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WELD.-EOUNTY
August 22, 2011
F & P LLC
PO BOX 578
GREELEY CO 80632
RE: SCHEDULE NUMBER R2094086
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: 4687 W 18th Street. The meeting is
scheduled for September 12, 2011, at 9:00 a.m., in the Weld County Administration Building,
1150 0 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,
L. ,1
Tonya Disney o
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
I 8 6 1 2 0 ( 1 FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
1
WELD_.,-COUNTY
September 22, 2011
F & P LLC
PO BOX 578
GREELEY CO 80632
RE: SCHEDULE NUMBER R2094086
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,
,
Tonya Disney
Deputy Clerk to the Board
cc: Assessor
PROPERTY TAX ADVISORS INC
3090 S JAMAICA CT STE 204
DENVER CO 80014
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