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HomeMy WebLinkAbout20111872 CLERK TO THE BOARD ttti PHONE (970) 336-7215, Ext. 4226 J FAX: (970) 352-0242 P. O. BOX BOX 758 GREELEY, COLORADO 80632 Ci COLORADO August 3, 2011 SILVER TIP COMMERCIAL LLC CIO WILLOW WEST PROPERTIES LLC 2619 11 ST RD STE 13 GREELEY, CO 80634 RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R2132586 PARCEL #: 095912104050 - GR 17534-A6 PT GREELEY PLAZA IN NE4 12 5 66 BEG N R/W LN INTSEC 26 AV & 11 ST N89D57'W 179.16'THENCE ALONG ARC CURVE LEFT LONG CHORD BEARS S86D04'W 87.53' S82D05'W 11.62' TO TRUE POB THENCE S82D05'W 35.33' NOD03'W 214.68' N89D54'E 35' SOD03'E 209.87' TO Dear Petitioner: On July 29, 2011,the Board of County Commissioners of Weld County, Colorado,convened, and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered your request for an Administrative Denial of your petition of appeal of the County Assessor's valuation of your property described above, for the year 2011. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY SET BY BOARD ASSESSOR $22,905 $22,905 se.' (/e er) e-c,2©// 2011-1872 AS0079 SILVER TIP COMMERCIAL LLC - R2132586 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 Courts 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 2011-1872 AS0079 SILVER TIP COMMERCIAL LLC - R2132586 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 OBOE of your intent. You and the OBOE 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 OBOE 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 OBOE. 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, Zfll! Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor E COMPANY INC PO BOX 1750 CASTLE ROCK, CO 80104 2011-1872 AS0079 NOTICE OF DETERMINATIONAcit 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 `" ' 1 `; Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNT NO, ,-TAX(;YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R2132586 2011 0600 GR 17534-A6 PT GREELEY PLAZA IN NE4 12 5 66 BEG N R/W LN INTSEC 26 AV & 11 cc ST N89D57'W 179.16' THENCE ALONG ARC = SILVER TIP COMMERCIAL LLC CURVE LEFT LONG CHORD BEARS 3o C/O WILLOW WEST PROPERTIES LLC S86D04'W 87.53' S82D05'W 11.62' TO TRUE 2619 11TH ST RD STE13 POB THENCE S82D05'W 35.33' NODO3'W w GREELEY,CO 80634 214.68 N89D54'E 35'SODO3'E 209.87'TO 2611 W 11 STRD, GREELEY tc ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW COMMERCIAL 22,905 22,905 TOTAL $22,905 $22,905 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. E COMPANY INC REAL ESTATE TAX SERVICES PO BOX 1750 CASTLE ROCK CO 80104 2011-1872 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.govlbaa (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, appraisal, etc.) ATTESTATION J I, the undersi ed o er ocacfenti of the property identified above, affirm that the statements contained herein any a c ents hereto are true and complete. Signatu Telephone Number Date ' Attach letter of authorization signed by property owner. Esther Gesick From: Courtney Anaya Sent: Tuesday, July 26, 2011 1:25 PM To: Esther Gesick Subject: FW: FW: Administrative Denials-Weld County S (ae2-7414z' FYI—they were scheduled on the 29th at 1:45. Thanks! O From: Noel Lawrence Sent: Tuesday, July 26, 2011 12:25 PM To: Courtney Anaya Subject: FW: FW: Administrative Denials - Weld County From: steve evens Imailto:steveC@theecomoanv.netl Sent: Tuesday, July 26, 2011 12:02 PM To: Noel Lawrence Subject: RE: FW: Administrative Denials -Weld County Noel-I just got email today. Please let the board know that I wish to have admin denials on all properties since I will be out of town. Thanks Steve Steve Evans The E Company, Inc. P O Box 1750 Castle Rock, CO 80104 720-351-3515 / Fax- 720-344-3498 Original Message Subject: FW: Administrative Denials - Weld County From: Noel Lawrence <nlawrence@co.weld.co.us> Date: Tue, July 26, 2011 8:02 am To: "steve@theecomoanv.net" <steve@theecomoanv.net> Hi Steve. We really would appreciate a simple email reply requesting Administrative Denial on these 4 appeals. That way we won't have to take these before the board. Thanks! Noel-Lawrence Commercial Appraiser Assessor's Office 1400 N. 17th Avenue Greeley, CO 80631 970-353-3845 ext. 3695 t o7Ol I-187a Si ! 1011 w OD NIT 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. From: Noel Lawrence Sent: Monday, July 25, 2011 10:52 AM To: 'steve@theecomoanv.net' Subject: Administrative Denials - Weld County Hi Steve, I just got your voice mail. Since you're out of the country can we go ahead and file administrative denials on your appeals? I've listed the accounts that our office has with ECompany below. If you could reply to this and indicate that you would like administrative denials on these, that should suffice. We can talk when you are back in town. R2132086 Silver Tip Commercial R2132586 Silver Tip Commercial R2132486 Silver Tip Commercial R3601505 +15 (Office Condos) Silver Tip Commercial R2823786 Post Office Thank you. Noel Lawrence Commercial Appraiser Assessor's Office 1400 N. 17th Avenue Greeley, CO 80631 970-353-3845 ext. 3695 1441 1011 NNE i-tit OU NT♦ 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 2 For Office Use Only 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Docket No. PETITION TO STATE BOARD OF ASSESSMENT APPEALS, s PEA ---- Fee. y N Denver, Colorado 80203 Check/Creqtt Card II P F H Date: 9-1-11 Property Owner: SILVER TIP COMMERCIAL LLC GREELEY 2611 W 11 ST ciry Subject Property: Street Address Schedule Numbers : R21320861 R2132586 Attach separate sh tit necessary ,Board of Equalbation Dated: 8-3-11 I_ Board of Commissioners State Property Tax Administrator Appeals the decision of the WELD County i nemption tate Assessed The Tax Year: 2011 fund/Abatement This Appeal concernsation is currently classified as: O Mixed Use ❑ Natural Resources O Personal O Possessory ❑ Producing subject property Exempt Industrial ❑ State Assessed ❑ Agricultural Pemmercial ❑ O Residential ❑ Oil & Gas Interest Mines 150.000 ❑ Vacant Land petitioner's estimate of value: $ Actual Value assigned to subject property: $271 545 Estimated time for Petitioner to present the appeal: minutes or 4 hours. Not less than 30 minutes.Board will allow equal time to County or Property Tax Administra or. Appearance: O Petitioner will appear by telephone 80 ❑ Petitioner will be present at the hearing Petitioner is responsible for calling the Board at 303-866-58 on the scheduled date and time of hearing(Mountain Time Zone) is Petitioner will be represented by an agent appear under the representation of a y Petitioner will be represented by an attorney C.R.S. 2000, a corporation 2 and (2.5) 694 P.2d must (Colo.App. 1984). Except e as attorney. in BOP1 nd ( ) licensed attorney. See BOP Industries v. State Board of Equalization, Filing Fee: o Nnne Petitioner is appearing pro se(self-represented) and hasas not filed more than two Petitions with the Board of Assessment Appeals during this fiscal year(July June ❑ $ 33.75 Petitioner is appearing pro se (self-represented) and has filed more than two Petitions with the Board of Assessment Appeals during this fiscal year(July attorney.June 30) $10125 P6;boner will be represented by an agent or an In the space below, F;=use explain why you disagree with the value assigned to the subject property BASED UPON MARKET SALES "ND INCOME ,?CY/— / '1.,1 II- i�� l ( . CA C� • q-Lt-ii nsDo-`I q -1tl Required attachments to this form: Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: 6' A notarized Letter of Authorization if an agent will be representing Petitioner 4. A list of names, last known addresses and telephone numbers of co-owners or parties directly interested in the subject ' property if applicable. Certificate of Service I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed,faxed or hand delivered to: )(/ Board of Equalization WELD ❑ Board of Commissioners O State Property Tax Administrator County at the following address P O BOX 758 GREELEY CO 80632 on 9-1-11 Date I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed,faxed or hand delivered to all co-owners or parties directly interested in the subject property on 9-1-11 ate attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals and 315, Denver, CO 80203 on 9-1-11 (0ne copy may be faxed to the Board but the original and two additional copies must be marled or hand delivered.) Petitioner's Mailin Addr s is Re uired Even if Petitioner is Re resented by An A ent or Attorney er C.R.S. 39-8-109 j Signature of Petitioner Signature of Agent/A_ r Attorney STEVE A. EVANS /THEE COMPANY, INC Printed Name Printed Nam' 2619 11 STREET ROAD NO, 13 P ai BOX Address Mailing Address Mailinn Address GREELEY, CO 80634 CASTLE ROCK, CO 6.7!r'4 City, State,Zip Code City, State,Zip Code Telephone Daytime number Telephone: 720-351-3515 E-Mail. Steve@TheEcompany.net E-Mail. It is the Petitioner's responsibility to notify the BAA of any Attorney Reg. No.:, change of address. Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to completing this Petition For etitioForr . The The-866Instructions u do s and Rules are available on the Web at www.dola.Colorado.govfbaa or may be requested by phone CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) B 352-0242 P. O.O. OX 758 GREELEY, COLORADO 80632 ape COLORADO August 3, 2011 SILVER TIP COMMERCIAL LLC C/O WILLOW WEST PROPERTIES LLC 2619 11 ST RD STE 13 GREELEY, CO 80634 RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - r DMINISTPATI\!E ,DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DES 4-A6 POT GREE EYYPPLAZA NCNE4112 5 66 2 BEG N RAN N tINTSEC26 095912104050 T AV & 11 S 1753 N89S86D04'W 87.53' D57'W 179.16'THENCE ALONG ARC CURVE LEFT 11.62' TO TRUE POB THENCE 582D05'W 35.3 N0D03'W 2 .CHORD BEARS 68' N89D'E 35' S82 SOD03'E 209.87' TO Dear Petitioner: On July 29, 2011,the Board of County Commissioners of Weld County, Colorado, convened, and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered your request for an Administrative Denial of your petition of appeal of the County Assessor's valuation of your property described above, for the year 2011. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY SET BY BOARD ASSESSOR $22,905 $22,905 2011-1872 AS0079 SILVER TIP COMMERCIAL LLC - R2132586 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). be introduced. If the decision of the BM is further appealed to Such hearing is the final hearing at which testimony, exhibits, or any other evidence may the Court of Appeals, pz_dy the record created at the BAA hearing shall be the basis for the Court's decision. No n�RvS)evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), Appeals to the BM 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 Eq alization the following information within ninety (90) days after the appeal is fd. For twa `'III years, including the base year for the relevant property tax year: (1) actual annua: rental income (2) tenant reimbursemt'its (3) itemized expensese (4) rent roll data, including the nau;eof any tenannts and end dasss,option suite number of the subject property, lease terms, base rent, square footage leased, and vacant space Fees: A taxpayer representing himself is not charged for the first represented two appeals by an o the Board of Assessment Appeals; however, a taxp Ye being 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 Districteats for Further appeal of the District Court's decision ecisi 1 is ma )to the Court of App a review of the record. (Section 39-8-108( ), R OR 2011-1872 AS0079 SILVER TIP COMMERCIAL LLC - R2132586 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 E ect an the official list CBOE of your If you cannot agree You and the on an arbitrator,l therDistrict Court of the of qualified people. you 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 do cuments arbitrator andihas the evidenrity ce.issue e subpoenas for witnesses, books, 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 the erdhearing.both parties Sues personally or by registered mail within ten (10) days decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are ag residential real property, reed upon and exy pand the CBt exceed In the 0ase.00 case. The arbitrator's fees and expenses, not i expenses cannot s 1 are to per paid as provided in the decision. not including counsel fees, to be If you have questions or neo.: 2dditional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yr'urs, 6-aa, � Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor E COMPANY INC PO BOX 1750 CASTLE ROCK, CO 80104 2011-1872 AS0079 Hello