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Home My WebLink About20100979.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES- UNION COLONY BANK, C/O DOWNEY AND MURRAY, 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 10th day of May, 2010, at which meeting there were present the following members: Chair Douglas Rademacher, and Commissioners Sean P. Conway and William F. Garcia,with Commissioners Barbara Kirkmeyer and David E. Long being excused, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County,with said Assessor, Christopher Woodruff, being present, and taxpayer Union Colony Bank, c/o Downey and Murray, 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 allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0.00 $0.00 2007 $0.00 $0.00 2008 . NRSR , P6- O 2010-0979 AS0075 TAX ABATEMENT PETITION - UNION COLONY BANK, C/O DOWNEY AND MURRANY, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO � �- ATTEST: • `� . / __,.•.. , - - ca a.[ �a✓J�1(i✓ fir, ouglas adema• er, Chair Weld County Clerk to the B 1 1 (!d $ CUSED / ''��►'�� . . rbara Kirkmeyer, Pro-Tem BYASitd— Z Deputy Cler o the Board �� / �• Sean P. C ay APP D AS T RM: William F. Garcia County Attorney EXCUSED David E. Long Date of signature: 6: /O 2010-0979 AS0075 • f PETITION FOR ABATEMENT OR REFUND OF TAXES County: Weld Date Received j01:11....64.41 (Use Assessor's or Commissioners'Date Stamp) Section I: Petitioner, please complete Section I only. Date: December 29 2009 Month Day Year DEC 2 9 2009 Petitioner's Name: Union Colony Bank WELD COUIV f Y HSSt:iSG Petitioner's Mailing Address: C/O Downey&Murray LLC, 383 Inverness Parkway,Suite 30Q ±1EV, COLORADO Englewood CO 80112 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY Parcel: 080719006007 1505 Main Street 'A 0585010/ Windsor,CO 80550 Petitioner states that the taxes assessed against the above property for property tax year(s) 07 and 08 are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. Attach additional sheets if necessary.) This abatement/refund is necessary because the taxes on this property have been levied erroneously or illegally due to erroneous valuation for assessment, irregularity in the levying, clerical error or overvaluation. Cob Rev. Stat. § 39-10-114. Petitioner's estimate of value: $ 820,623 ( 07 )and $ 820,623 ( 08 Value Year Value Year Petitioner requests an abatement or refund of the appropriate taxes. 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( q Pe ees Signature By)/,44.9ii,i(,I, Daytime Phone Number(.305) \ — \ \ 1 Age �s✓Signature` *Letter of agency must be a-ached en peti is ube by an agent. If the board of county commissioners, pursuant to section 39.10-114(1),or the property tax administrator, pursuant to section 39-2-116, 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 section 39-2-125 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) v ��,�S,'I Tax Year 200 7 (9 i. 18 b) Tax Year Zoo ) O Actual Assessed p -r/Tax O p�Actual {i Assessed Taxax Z3 Original lg• 7500 4�ZogpcLao t2.A,,37d $333Zf500 �"r Z''%Z.go SiS�r 70ggL Corrected 77 7 ✓OO I L.O L/Zg0 1 378 21 4.97 Soo (W (t L86 )f Z7 0 2 Abate/Refund 0ter ❑Assessor recommends approval as outlined above. Noprotest was filed for the year(s): or (If a protest was filed,please attach a copy of the NOD.) -Assessor Pits rl p„y t,��ccri ti- Vat,/ fin Ace 7.971 ayll 'A4A-1775 e`ri�)cr 4 Assessputy Assessor'Y5lgnature 15-DPT-AR No.920-66/06 2010-0979 r FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section 111 or Section IV must be completed) Every petition for abatement or refund filed pursuant to section 39-10-114 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 51,000) 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 one thousand dollars 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 Tax Original Corrected AbatelRefund 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 taxpayer 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 abatemenVrefund as follows: Year Assessed Value Taxes Abate/Refund Year Assessed Value Taxes Abate/Refund Chairperson of the Board of County Commissioners'Signature I, 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$1,000 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$1,000) The action of the Board of County Commissioners, relative to the within petition, is hereby ❑Approved ❑Approved in part$ O Denied for the following reason(s): Secretarys Signature Property Tax Administrator's Signature Date 15-DPT-AR No.920-66/06 r 94 DOWN EY & MURRAY Etc Thomas E.Downey.Jr. ATTORNEYS AT LAW 303 S13-I I I1 ted(a.downeynmrray.con, December 29, 2009 VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED The Honorable Board of County Commissioners Weld County 915 10"' Street Greeley, CO 80631 Re: Union Colony Bank Parcel No: 080719006007 Dear Honorable Board: We are submitting the above-referenced Petition for Abatement or Refund of Taxes for the 2007-08 tax years on behalf of our client as referenced above. Please advise when this matter is scheduled for hearing before the Board. If you or the Assessor have any questions concerning this Petition,please do not hesitate to call me. Thank you for your consideration and assistance. Very truly yours, cEr-v-Y, j C ' Pd/ tilThomas E. Downey, Jr. ) TED/ss Enclosures cc: McIntosh &Associates Weld County Attorney's Office R EC V ft DEC 2 9 2009 WELD COUN 1Y AMStbSL' GREELEY, COLORADO 383 Inverness Parkway 0 Suite 300 o Englewood, Colorado 80112 ] fax 303 813-1122 W II U O Q U Q 'V^R H • - L r- VI •(O• O0•-O N •:r OJ 6 oNJ i /o (0 COU E erk2 li W 0 I to — o ro O = -- co m "u ril ^ A . ,U1\ \l o0 O ° U i 4r _ O •D - N M . GP Q O - £ N o U U C y S O oo 0 ru '` o V Q .a 1.4 r 0 . di in) i il cC 3 ,=- teltNete a bIII I Q I121 I I Esther Gesick From: Esther Gesick Sent: Wednesday, March 31, 2010 10:35 AM To: ss@downeymurray.com Cc: Chris Woodruff; Esther Gesick Subject: Tax Abatement Petition - R0585001, Union Colony Bank Sue, I received a phone confirmation from the Assessor's Office that they are agreeable to rescheduling this to Monday, May 10, 2010, at 9:00 a.m. This e-mail will serve as your new notification. If you need anything further, please let me know. Have a nice day! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)336-7215 X4226 (970)352-0242 (fax) 1 05/10/2010 08: 37 3038131122 DOWNEY&ASSOCIATES PAGE 02/05 McIntosh&Associates 1505 Main Street Windsor Assessed Total.Sq Ft Imprvmnt 08 value 08 price/sq.ft. 08 Value %Change 5,700 $ 997,500.00 $ 175.00 na #VALUE! INCOME APPROACH Income Total • Rent Per Sq FT $13.60 $ 77,520.00 Vacancy/Collection 8.10% $ (6,279.12) MI $ 71,240.88 Expenses Management 5.00% $ 3,562.04 Repl Rsry 4.00% $ 2,849.64 Total $ 6,411.68 NOI $ 64,829.20 Cap Rate Base 7.90% Actual Value $ 820,622.79 e e a e e st $ e e 2 oNi . , P • i p2p �a e O tel O Q N a I 2 , y N a m n m an 1 4 N m m e N o a n h m o q Z In O it q °° o 1 ri n m mr m `� o lo. Q m m m c, P P `p..+ co co ^ {V `i W C ' • m m v :31 �- s a � m m E _�I F� d �' �n � m p. m m a Q a Q k �' >Nl`Q o w 2> . + ': e 5 Ti m ni a E _ m 11 * 1 N F 7 e m m a c� r, fx m 0Q1lii re C P J w41 m: . mote I E an F - No, a i V � ! 2 d 1:11.----' �[.. ..T CD Ma i . j i N . N LO ' i pN4 1 oN III g 1..,......-._ Na In I N • ' I ` N �-. ; 6 V / at C�0/ ! It p —~�---^^—. . a q Y� O' S S .,.......0 © O mQ. R N w •ml ad H N •�,1. m p Ci N M N W VF N •+ C (3aN aldul) a3on a6eiaAy CI) U 90/E0 3917d S3117IOOSSV8A3NMOG ZZIIEI8E0E LE:80 OT03/0I/90 Pe IS 3 h O N '177 N I O r ca n CO A n t A N lip " N O . N O N to OD a p � o f n th » a9 01 i ' ,O p A n M WD la 't m m ri N C c $ 33 O m m t. m n m a m $ Q Q Q i- y e; % Q 4• ' Tc b F CP 7 E 'm i g 0 A d u! LL W , Q 'a A ..m rx a' o w .. Z 9 a. .. m I , N � ..__..._.. �.,......-i---i ---- --....T_ Q N • III w 10 1 m -.... --# - _.. ------ oW te. 1 j I a 5 .O ; m CO I I I I i OI o , - I I I I a -a — o Np t' CD N ra 1 >") C.0 �._.._ f V3 � ` A 3 i y gi° ❑ mom i mN I I I T. gee' I in N i i N y , Na f m � _. ! s J �.�.._ ....... w. g o c.) e e e e 3 e -P a s C P N OMON C C o n N V. o N U v awQ)4 ibuineA CO S0/b0 3ENd S3i I00SSV?A3NM0G zETTET8E0E LE :80 0T03/0T/S0 'p O qXq �V O V , N L .- . G p w r N 0 C ON WI W r n y w n COO ITV O^ PI O N an 10 r. A O N O M A 0 W O Y Wr. M A (Np p 0 a OO ao m w 001 Os , e O v A A >. m a. in cc . a Q Q . Q f' .• ) IA O a N 4 0 O I I.- 0 Gl e e N 0. G1 QC 9 et 2- S[ W (n z le. Average Rental Rate (Triple Net) 4* an O01 • o 2II!, . 0- N O .O y09� p 'N 'o " fJ.0 N - 1.1;. ti M1t M ti .... w K m U) H __ et C 0 va CC >1 V I I I N C - i mF j L. 0 Al o d 44 rv , M in — No Ca Iw I C ,__ in 4 Cd j oa a. O IAO 1(1 .o N o y 0 inO u a; a G�' m ' . n u. 10 id in ti a1Qa Aaueaen V CO 50/50 39tld S31vIOUSStl8A3NMOQ ZZII£L880£ L8 80 0I0L/0I/90 a CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 Ci COLORADO March 25, 2010 Union Colony Bank C/O Downey and Murray, LLC 383 Inverness Parkway, Suite 300 Englewood, CO 80112 RE: SCHEDULE NUMBERS: R0585001 for 2007 and 2008 Dear Property Owner:( -L 5 ICI to �° Q:O 0 at pdi..Liurwv 't. This is to advise you that the Weld County and of Commissioners will hear your petition for abatement or refund of taxes on the prope described as: 1505 Main Street, Windsor, Colorado. The meeting is scheduled'fu Mdy 17, 20 0, at 9:00 a.m., in the First Floor Meeting Room, Weld County Centennial Center, 915 10th 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 Esther Gesick at (970) 336-7215, extension 4226. Sincerely, a',a7L 414 Esther E. Gesick Deputy Clerk to the Board cc: Assessor Thomas Downey, Jr. 383 Inverness Parkway, Suite 300 Englewood, CO 80112 0 CLERK TO THE BOARD PHONE: (970) 336-7215, Ext. 4225 FAX:91 0) 352-0242 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 COLORADO June 8, 2010 UNION COLONY BANK C/O DOWNEY AND MURRAY, LLC 383 INVERNESS PKWY STE#300 ENGLEWOD CO 80112 RE: SCHEDULE NUMBER R0585001 Dear Property Owner: On May 10, 2010,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 the Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 420, Denver, Colorado 80203. Very truly yours, Tonya isney Deputy Clerk to the Board cc: Assessor Downey and Murray, LLC td/db Hello