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HomeMy WebLinkAbout20100385.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - FBVAM INVESTMENTS, 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 22nd day of February, 2010, at which meeting there were present the following members: Chair Douglas Rademacher, and Commissioners Sean P. Conway, William F. Garcia, Barbara Kirkmeyer, and 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 FBVAM Investments, LLC, 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, denied, and an abatement or refund not be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0.00 $0.00 2007 $0.00 $0.00 2008 2010-0385 ,1� - AS0075 ��' . (1.--)/n7— Cz���ia TAX ABATEMENT PETITION - FBVAM INVESTMENTS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of February, A.D., 2010. BOARD OF COUNTY COMMISSIONERS _ WELD COUNTY, COLORADO ATTEST: ' ' ,�, ougy Rade a e-r, hair Weld County Clerk totieepd, � ���� -Tem BY: [[,�� � , arbara Kirkmeyer 'ro Idd, Mt "•e / Y \ / Deputy Clerk to the BOary1�.� �� 1� - . Conw AP ED A O M: ( </ W. .am . Garcia ounty A orney • F / David E. Long Date of signature: 3/f!/0 2010-0385 AS0075 • ♦ PETITION FOR ABATEMENT OR REFUND OF TAXLESS/� w/,,�./ County:Weld Date Received 020^0 9_ (Use Assessors or Commissioners'Date Stamp) Section I: Petitioner,please complete Section I only. M Date: December 17 2009 Month Day Year DEC 2 2 2009 Petitioner's Name: FBVAM Investments LLC Petitioner's Mailing Address:4045 Specialty Place WELD COUNTY ASSESSOR Longmont CO 80504 GREELEY, COLORADO City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R00896 90 14331 Hilltop Rd. Petitioner states that the taxes assessed against the above property for property tax year(s) 2007 and 2008 are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. Attach additional sheets if necessary.) Property is overvalued. See attached"Appeal of Real Property Valuation". Petitioner's estimate of value: $ 869,400 (2007 )and $869,400 ( 2008 ) 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( ) PetitifinCgignat By ^^J WCej ^Daytime Phone Number.(30.3 )3(O 8r' CO G ge s Signature` Dar I mss- ' Oa zo rci po,Ar 'Letter of agency must be attached w n petition is submitted 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)Tax Year Zit,_:Pg Tax Year 2009' Actual Assessed Tax Actual Assessed la, Original ///75 9* VW Chi 22,?Fo.9Y //7?frOG Ai/SAP t7 0Y3.O4 Corrected 8x/ate St to 6 etL d4a7e S4/7+ .%V''777c. Abate/Refund r Pr — — __O— El Assessor recommends approval as outlined above. ye protest was filed for the year(s): or (If a protest was filed,please attach a copy of the NOD.) Ipl,Assessor recommends denial for the following repon(s): Z Peelfier rye al✓oefe of itail ed rn // 7 rs or puty ssessors Sig we 15-DPT-AR No.920-66/06 • V 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),C.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 oT r 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 As_ sessed L 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 Assessors 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 abatement/refund 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$1,oe0) The action of the Board of County Commissioners, relative to the within petition,is hereby ❑Approved ❑Approved in part$ ❑Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-DPT-AR No.920-66/06 • 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: 2007 & 2008 County: Weld Schedule Number: R0089690 PTA# 3755A Property Address: 14331 Hilltop Rd. Property Owner: FBVAM Investments LLC Inclusions: X Photograph(s) of Subject Property Correlation and Conclusions X Income Approach Market Sales Cost Approach Salient Facts Report Date: 12/17/09 Effective Date: 6/30/08 PETITIONER'S FINAL ESTIMATE OF VALUE: $869,400 Value per Square Foot: $30.89 ASSESSOR'S VALUE: $1,177,836 Value per Square Foot: $41.85 Site Size 117,612 s.f. YOC 1995 Effective Bldg. Age (yrs) 25 Gross Building Area 28,147 s.f. Remaining Econ. Life (yrs) 15 Land to Bldg. Ratio 4.2 :1 Zoning Ind. Construction Metal Use: Warehouse - Storage SUBJECT PROPERTY a !kt ', ' . 4 ‘. - 1 . .. . ,.. , . , 4s; ` ' . s a K ', K c ' G Q f 'r;,$_. t ..:4'0.0 .1.' . ' 1 _ s M et e. § 8 J( e cn • 'S L. 1 1K1 1 a w t Market Income-W Rental Rate: $0.00 /sf Source: Market Factors Affecting Rental Rate: 0 sf x 5.00 /sf= $0 0 sf x $0.00 /sf= $0 0 sf x $0.00 /sf= $0 Potential Gross Income $ 0 Source: Historic Occupancy Rate X 0.95 Effective Gross Income $ 86,940 Source: Market 10% Expenses - 8,694.00 Net Operating Income $ 78,246 Source: Cap Rate 9% Capitalization Rate + 0.09 VALUE BY INCOME APPROACH $ 869,400 Say $ 869,400 Comments: eo 0 0 N U, O O 06 'n a) C CO G N E C o u) U cC co O • U C ea E O• W O C 2 co 0) R 0) C• c Co C C co C a) Q Q' -J J a) O R CC J W 4- 0 re W eu r E rn E CO O e) eu O v 0 O O Q R V M Q eeaa 0 N O ` O co w O U N (0 c O O N E o _ U O H N N N 7 O O O 7 O 2-o } o a a CU _ -' = c �° m c — R CJ QJ n d O. Cl) U r H f/) U) • Property Tax Advisors, Inc. (303)368-0500 3090 S. Jamaica Ct., Suite 204 FAX (303)368-0573 Aurora, Colorado 80014 CONSULTANT - AGENCY AGREEMENT X a Corporation Property Owner: FBVAM Investments LLC _a Partnership _as Individuals County: Weld a Trust P.I.N. Property Address R0089690 14331 Hilltop Rd. 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)2009-2010 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 5 day of May , 20 09 . (IL BY: Print Name: Mina M. Cox Title: General Partner (If Corporation, your title; (or) Owner, General Partner, Telephone No.: 303-772-2103 Lessee,Property Manager,Power of Attorney,Trustee,etc.) Fax No.: 303-772-1918 Rev. 11/08 VI V' Lai) OO -h m 5 u¢ v o _; o 7 w P5 r-` — M t0 liZ o r ri ,yW O isl — c---- "i : ,„: 9 V li r tot) A yl o CC a �\ i N a' tt ti u i o O j-: U ,1 ro E = N a Y 0. C o 01..61 v O I m r momminanion m x.1.3 ErJ meepoinee a m m is ti w, aili— =_z....... m _z. ilimiii. O ice.: o a CLERK TO THE BOARD PHONE (970) 3364215, EXT. 4225 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 Ci COLORADO February 1, 2010 FBVAM Investments, LLC 4045 Specialty Place Longmont, CO 80504 RE: SCHEDULE NUMBER R0089690 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: 14331 Hilltop Road. The meeting is scheduled for February 22, 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 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, Esther E. Gesick Deputy Clerk to the Board cc: Assessor Darinsh Bozorgpour Property Tax Advisors, Inc. 3090 South Jamaica Court, Suite 204 Aurora, CO 80014 2010-0385 CLERK TO THE BOARD I PHONE (970) 336-7215, Ext. 4225 WI FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO March 12, 2009 FBVAM Investments, LLC 4045 Specialty Place Longmont, CO 80504 RE: SCHEDULE NUMBER R0089690 Dear Property Owner: On February 22, 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, Esther Gesick Deputy Clerk to the Board cc: Assessor Darinsh Bozorgpour Property Tax Advisors, Inc. 3090 South Jamaica Court, Suite 204 Aurora, CO 80014 EG/sk Hello