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Home My WebLink About20100665.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES-MILE HIGH BANKS 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 5th day of April, 2010, at which meeting there were present the following members: Chair Douglas Rademacher, and Commissioners Sean P. Conway, William F. Garcia, Barbara Kirkmeyer, David E. Long, 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 Mile High Banks, not being present, and WHEREAS, the Board of County Commissioners have carefully considered the attached petition, and are 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, approved, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $122,387.00 $11,855.75 2008 Slott 0,C : assessor, ilPPZ 5' 2010-0665 AS0075 TAX ABATEMENT PETITION - MILE HIGH BANKS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of April, A.D., 2010. BOARD OF COUNTY COMMISSIONERS Lam WELD COUNTY, COLORADO ATTEST: fisr .»;a• s2�.1.: , : R�: ._ Q 1861 }• •T■'�ugl- Radema h-r, air Weld County Clerk to the B.t rd • ( r ��s��'S'$Stara Kirkmeyer 'ro-Tem BY kJ._aiJ 1&1 Il�r . `H e y Clerk t• the Board 0 Sean P. o ay APPROVED AS W li F. Garcia Attorney CL r( d�� / David E. Long Date of signature: �I1�` 10 2010-0665 AS0075 a a PETITION FOR ABATEMENT OR REFUND OF TAXES / _ - County:Weld ^' I c!Date Received mg'o y (Use Assessors or Commissioners'Date Stamp) 20I0f ` ; 21 I-ii 4: 15 Section I: Petitioner,please complete Section I only. Date: October 16,2009 RECEIVED Month Day Year OCT 16 2009 Mile High Banks Petitioner's Name: 9 Petitioner's Mailing Address: 1726 Hover Street WELD COUNTY ASSESSON Longmont,CO 80501 GREELEY, COLORADO City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY • R4196606 1010 Carbon Court • 1�I I,i'. R4655707 1010 Carbon Court Unit A R4655807 1010 Carbon Court Unit B Petitioner states that the taxes assessed against the above property for the property tax year 2008 are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. Attach additional sheets if necessary.) R4655907 1010 Carbon Court Unit C R4656307 1010 Carbon Court Unit G R4656507 1010 Carbon Court Unit I See Exhibit 1 attached hereto and made an intearal part hereof. o Petitioner's estimate of value: $1,266,459 (2008 ) 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 j ) _ Petitioners Signature (��yNd b2.41')� �I Daytime Phone Number j 303 )1 s'1-$8(o5 Agents.Signature` By: KP.v.etf0- �. peaks". ('+sue Site iirs. Prope.✓h Tar St,tc:alisl-3 Znc. `Letter of agency must be attached when petition is submitted by in 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) Tax Year Actual Assessed Tax Original - ,00/ /70 S8'o�3 4fo -4-4, 2/8: /a Corrected t sl9/af 9 q9�y? `�,5 3 Wit 34Z. 3 7 Ahate/Refund r/.Z2 021' 12;3 ?- /j ICS-S-. 75- tOtAssessor recommends approval as outlined above. No protest was filed for the year: (If a protest was filed,please attach a copy of the NOD.) ❑Assessor recommends� denial for the following reason(s): `"(/ "'-Ir In CP,� K, '4 �449•1a /lo�!/. g H / � Assessors or D ury Assessor's Si a re 15-OPT-AR No.920-66/06 2010-0665 FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III 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),G.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to$1,000) 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 abatementlrefund of: Tax Year Actual Assessed Tax Original corrected Abate/Refund Note:The total tax amount does not include accrued interest,penalties,and tees associated with late and/or delinquent tax payments,if applicable. Please contact the county treasurer for tun payment information. Petitioners Signature Date Assessors or Deputy Assessors 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 y and lawfully called regular meeting held on I / ,at which meeting there were present t ollowing members: Month Day Year with notice of such meeting and an opportunity to be present having be given to the taxpayer and the Assessor of said County and Assessor (being present—not present)and Name petitioner (bein resent—not present),and WHEREAS,The said Name County Commissioners have carefully considered the thin petition,and are fully advised in relation thereto, NOW BE IT RESOLVED,That the Board(agrees oes not agree)with the recommendation of the assessor and the petition be(approved—approved in rt—denied)with an abatement/refund/ as follows: Year Assessed Value T es Abate/Refund ,/ ' I/)/9//„,-„x^,lr Chairperson of tthheeBB'o�Arl/rd of•Cooulnty Commissioners'Signature County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the aforem ioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proce ings of the Board of County Commissioners. IN WITNESS HEREOF,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 te: 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$1,000) ?action o he Board of County Commissioners,relative to the within petition,is hereby C ❑Appro ❑Approved in part$ ❑Denie. for the for :wing reason(s): �� ./,l't✓i6 55100/6 ° x Secretary's Signature Tax Administrators Sig u Date 15-0 -AR o.920-66/06 • aaa a- -- =IAla 950 S. Cherry Street, Suite 320 m—e Denver, CO 80246 — WIPP IMP WIMP WM. Office: 303-757-8865 Fax: 303-757-7691 PROPERTY TAX SPECIALISTS, INC www.sterlingpropertytaxspecialists.com PETITIONER'S EXHIBIT 1 October 16,2009 Weld County Board of County Commissioners c/o Mr.Christopher Woodruff Weld County Assessor 1400 North 17th Avenue Greeley,Colorado 80631 RE: 1010 Carbon Court(See Schedule Numbers attached hereto on Exhibit A and made an integral part hereof) (the"Property") Gentlemen: The undersigned,Sterling Property Tax Specialists, Inc., represents the owner of the Property for the purpose of filing an abatement for the 2008 Valuation. A copy of the Letter of Authorization is attached hereto and made an integral part hereof. The first parcel is vacant land under schedule number R4196606. The assessor has valued this land at$3 per sq.ft. However, Petitioner contends that present worth valuation should be applied to this parcel. For this subject schedule number,the assessor applied present worth and reduced the value to$1.92 for calendar year 2009. Petitioner contends this parcel should have the same present worth discount applied for calendar year 2008 as was applied for calendar year 2009: 101,239 sq.ft. x$1.92 per sq.ft.=$194,379 The remaining 5 schedule numbers are totally vacant condominium warehouse spaces,which the assessor has valued at$95 per sq.,ft. Generally,warehouses in the 30,000 sq.ft. range have sold in the vicinity of$30 to$50 per sq.ft. Condominiumizing a warehouse into smaller units will generally generate a higher sales price, provided there are users for such spaces who are willing to pay the higher price. These properties were divided at the end of 2006 and only one unit sold to a user. The assessor has informed us that that unit sold in December 2006 for$295,000. However, none of the other units have sold, and the entire property, except for this one unit, has been vacant since 2005. 1010 Carbon Court Page 2 A unit acquired by a user will sell for substantially more than multiple vacant units sold in bulk on the open market. A bulk value is substantially less than the individual value of all these units. The fact that this Property was lost to a lender(Petitioner) indicates the problem relating to these units as they have been on the market for approximately 3 years. In effect,the concept of a totally vacant unit is similar to applying a present worth discount to land as the value to a developer or non-user is substantially less than what a user would pay for the property. In this case only one user has acquired a unit in over 3 years. The subject Property involves a total of 8 units,only 5 of which Petitioner is contesting. The three parcels we are not disputing have been valued by the assessor at$60 per sq.ft. Petitioner believes this value of$60 per sq.ft. reflects the vacancy issues discussed hereinabove. Moreover,for calendar year 2009,the assessor reduced the value of the 5 parcels at issue to$60 per sq.ft. Petitioner hereby contends that these 5 parcels should have the same value placed upon them as the other 3 identical units, and therefore requests the Board adjust the value of these five schedule numbers referenced on Exhibit A to$60 per sq.ft.as shown on the exhibit. Based upon the foregoing, Petitioner hereby requests the Board adjust the value for each schedule number for calendar year 2008 as set forth hereinabove and shown on Exhibit A. All information contained herein should be considered confidential and not available to any third parties. Respectfully submitted, STERLING PROPERTY TAX SPECIALISTS, INC. By: endra L.Cohen,Vice President -��- -� - 950 S. Cherry Street, Suite 320 - um in. —_-- a — �— —l-- — Denver, CO 80246 — — — --�— — — — ma —— — Office: 303-757-8865 — , -- - -- - FaX: 303-757-7691 PROPERTY TAX SPECIALISTS, INC www.sterlingpropertytaxspecialists.com October 16, 2009 Weld County Board of Commissioners c/o Mr. Christopher Woodruff Weld County Assessor 1400 North 17th Avenue Greeley, CO 80631 Enclosed please fmd the Petition for Abatement or Refund of Taxes for 2008 for the following Schedule Numbers: R4196606 1010 Carbon Court R4655707 1010 Carbon Court Unit A R4655807 1010 Carbon Court Unit B R4655907 1010 Carbon Court Unit C R4656307 1010 Carbon Court Unit G R4656507 1010 Carbon Court Unit I Please sign and return the attached copy of this letter to acknowledge the receipt and filing of the Abatement Petition. Sincerely, Stephanie Levy Assistant to Barry I Goldstein &Kendra L. Cohen Above referenced Abatement Petition received and filed: R E C E l Date: Signed: O Weld County CT 16 2009 WELD COUNTY ASSESSOR GREELEY, COLORADO a LETTER OF AUTHORIZATION • October 1,2009 Sterling Property Tax Specialists, Inc. 950 South Cherry Street, Suite 320 Denver, Colorado 80246 RE: 2008 Property Tax Assessment Matters Gentlemen: The undersigned, as owner(s) of property located in Weld County, Colorado, at 1010 Carbon Court (See attached for unit multiple unit numbers) , and more particularly described on Assessor's Notice of Valuation, Schedule No(s). See Attached hereby authorizes Sterling Property Tax Specialists, Inc. and Barry J. Goldstein, Esq., to act as agent on my behalf regarding all 2008 property tax assessment matters, and obtain any and all documents relating thereto and file any protests necessary. This Authorization shall be effective as of the date set forth above. MILE HIGH BANKS COM By: Tom Scheel,Executive Vice President Telephone: 303-682-3704 Exhibit A Mile High Banks 1010 Carbon Court 2008 Unit No. Schedule No. Petitioner's Value Commercial Land R4196606 $194,379 Unit A R4655707 $180,000 Unit B R4655807 $177,720 Unit C R4655907 $266,580 Unit G R4656307 $267,780 Unit I R4656507 $180,000 �. a 1010 CARBON COURT Weld County 2008 Unit A R4655707 Unit B R4655807 Unit C R4655907 Unit D R4656007 Unit E R4656107 Unit F R4656207 Unit G R4656307 Unit I R4656507 Commercial Land R4196606 1400 N.17"'Ave Greeley,CO 80631 Weld County 970-353-3845 ext 3672 970-304-6433 Assessor Office wmelies G.co.weld.co.us Fax To: Kendra Cohen From: Wade Melies Fax: 303.757.7691 Pages: 3 Phone: 303.757.8865 Date: 1-Mar-10 Re: 1010 Carbon Court Abatement cc: ❑Urgent O For Review ❑ Please Comment x Please Reply O Please Recycle • Comments: Thank you. Wade 03/01/2010 13:31 FAX WELDCOUNTYASSESSOR 0001 • ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 0791 RECIPIENT ADDRESS 913037577691 DESTINATION ID ST. TIME 03/01 13:30 TIME USE 00'39 PAGES SENT 3 RESULT OK 1400 N.17'Aw GAWP,CO 00031 tiftibAtti < .c^.P. iv 0704534845 e*3672 r► r`rC 9704044433 = .e wmskCco.wsltl.co.us Fax Toe Kendra Cohen Wade mimes fw 303.757.7691 Palest 3 P lww« 303.757.8865 DM* 1-Mar-10 Res 1010 Carbon Court Abatement et: O Urgent O Per Review ❑Please Comment x Please triply O Plus ltseyde •Comments: Thank you. Wade 1010 Carbon Court 2008 Abatement Acct# Size sf Petitioner's Value Assessor's Value Abatement Value Reason Land R4196606 101,239 $194,379.00 $303,717.00 $194,379.00 present worth applied Condo A R4655707 3,000 $180,000.00 $285,000.00 $232,500.00 Condo B R4655807 2,962 $177,720.00 $281,390.00 $229,555.00 market analysis indicated Condo C R4655907 4,443 $266,580.00 $422,085.00 $344,332.50 a value adjustment Condo G R4656307 4,463 $267,780.00 $423,985.00 $345,882.50 Condo I R4656507 3,000 $180,000.00 $285,000.00 $232,500.00 Totals $1,266,459.00 $2,001,177.00 $1,579,149.00 Condo Value per Square foot $60.00 $95.00 $77.50 Land R4196606 Original Assessed Values $88,080.00 tax $8,532.40 Mill Levy 0.096871 Condo A R4655707 $82,650.00 $8,006.39 Condo B R4655807 $81,600.00 $7,904.67 Condo C R4655907 $122,400.00 $11,857.01 Condo G R4656307 $122,960.00 $11,911.26 Condo I R4656507 $82,650.00 58,006.39 total $580,340.00 $56,218.12 Land R4196606 New Assessed Values $56,370.00 tax $5,460.62 Condo A R4655707 $67,425.00 $6,531.53 Condo B R4655807 $66,571.00 $6,448.80 Condo C R4655907 $99,856.00 $9,673.15 Condo 6 R4656307 $100,306.00 $9,716.74 Condo I R4656507 $67,425.00 $6,531.53 Totoal $457,953.00 $44,362.37 Abatement Numbers I Actual Assesed Tax I Original $2,001,177.00 $580,340.00 $56,218.12 Corrected $1,579,149.00 $457,953.00 $44,362.37 Abate/Refund $422,028.00 $122,387.00 $11,855.75 a ri -11> CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 f lie COLORADO March 12, 2010 Mile High Banks 1726 Hover Street Longmont, CO 80501 RE: SCHEDULE NUMBERS: R4196606, R4655707, R4655807, R4655907, R4656307 and R4656507. Dear Property Owners: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the properties described as: 1010 Carbon Court and 1010 Carbon Court Unit A, Unit B, Unit C, Unit G, and Unit I. The meeting is scheduled for April 5, 2010, 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 approve 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, Esther E. Gesick Deputy Clerk to the Board cc: Assessor Sterling Property Tax Specialists, Inc. Attn: Kendra L. Cohen 950 South Cherry Street, Suite 320 Denver, Colorado 80246 Hello