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HomeMy WebLinkAbout20102539.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - BROE LAND ACQUISITIONS 10, LLC (R6775991) 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 25th day of October, 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 Brae Land Acquisitions 10, 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, approved, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $32,800.00 $4,203.71 2009 J+Gki - n C Li'. *\5'-, P�• 2010-2539 It- it' AS0075 TAX ABATEMENT PETITION - BROE LAND ACQUISITIONS 10, LLC (R6775991) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS ELD COUNTY COLORADO ATTEST: — , ,r I Rademac er, hair Weld County Clerk to the Bo d v://' rbara Kirkmeye , Pro-Tern BY: AA 1 Z(1 Dep y Clerk t he Board Sean P. Con* AP ED M: Wil�F. Gar is Attorney �� David E. Long Date of signature: � (I tic 2010-2539 AS0075 1pPr • 0807-2 - -04-0� PETITION FOR ABATEMENT OR REFUND OF TAXES • County:Weld - : ) Date Received de /O...Ob9 '(dse-Assessor's or Commissioners'Date Stamp) • _ruction I: Petitioner,please complete Section!only;-�;' — I /'• �' L n ,[)alga May 11,2010 i'i I C A -t' 1 U Month Day Year MAY 11 2010 Petitioner's Name: Broe Land Acquisitions 10 LLC C/O Duff&Phelps LLC 950 17th Street,Suite 2000 WELD COUNTY ASSESSOR Petitioner's Mailing Address: GREELEY, COLORADO Denver,CO 80202 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R6775991 Great Western Industrial Park 4th Filing,Tract B Petitioner states that the taxes assessed against the above property for the property tax year 2009 are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. Attach additional sheets if necessary.) This parcel still qualifies for agricultural classification and should be valued accordingly at$575 per acre. Please see attached documentation. c: Petitioner's estimate of value: $4,845 2009 ) Value Year UI 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 I or statements,has been prepared or examined by me,and to the best of my knowledge,information and belief,is true,correct,and complete. •• N.) Daytime Phone Number] ) — y,�! �/ Petitioners Signature Xi By 4.. aro Vie*A Daytime Phone Number]3O3 ) 7.17-9o34' Agent's Signature' 'Letter of agency must be attached when 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: C l )i Assessor's Recommendation / (For Assessors Use Only) Tax Year 2009 1 (�/_C Assessed Tax per Original 117 I 5 39,40 �)3O T)� Corrected 4.854 1t41° 1807f,) Abate/Refund 113, 111 3Z,soo 92O3 Assessor recommends approval as outlined above. No protest was filed for the year: (If a protest was filed,please attach a copy of the NOD.) 0 Assessor recommends denial for the following reason(s): Qsorsookss4e 15-DPT-AR No.920-66/06 2010-2539 • pp" • 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 or 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 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,it applicable. Please contact the county treasurer for full 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,a my and lawfully called regular meeting held on / / ,at which meeting there were present following members: Month Day Year with notice of such meeting and an opportunity to be present havin en given to the taxpayer and the Assessor of said County and Assessor (being present—not present)and Name petitioner ng present--not present),and WHEREAS,The said Name County Commissioners have carefully consider the within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED,That the Board rees--does not agree)with the recommendation of the assessor and the petition be(approved—appro in part--denied)with an abatement/refund as follows:Year Assessed Value Taxes Abate/Refund �TL \.��yp�J, ch airperson of the Board oof County Commissioners'lso Signature County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the rementioned county,do hereby certify that the above and foregoing order is truly copied from the record of th roceedings of the Board of County Commissioners. IN WIT SS 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 Cleric'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$1,000) e Board of County Commissioners,relative to the within petition„is hereby ■ A.. . ■Approved in part$ ❑Defiled forth of wing reason(s): Secretary's slgre Property Tax Administrator tur ' Sm 15-OPT- o.920-66/06 tai , WELD COUNTY ASSESSOR • PROPERTY PROFILE Account#: R6775991 Parcel#: 080726104005 Local#: MH Seq#: MH Space: Appr Year: 2009 Levy: 128.162 #of Bldgs: 0 Create On: 01/28/2009 Tax Dist:4009 Map#: LEA:WIND50 Active On: 20090128 Assign To: SGJ Initials:JSW Acct Type:Vacant Land InactiveOn: New Growth: 0 Last Updated:8/27/2009 Owner's Name and Address: Property Address: BROE LAND ACQUISITIONS 10 LLC ATTN JOHN STONE 252 CLAYTON ST FOURTH FLOOR DENVER CO 80206 Business: Sales Summary Legal Description TRACT B GREAT WESTERN INDUSTRIAL PARK 4TH FG Subdivision Name: GREAT WESTERN INDUSTRIAL PARK SUB 4TH FG Block Lot Tract Section Township Range 26 06 67 Land Valuation Summary Abst Square Unit of Number Value Actual Assmt *Assessed Land Type Ag Code Code Feet Measure Of Units Per Unit Value Percent Value Industrial 0300 367,040 Acres 8.4261 $13,999.95 $117,965.00 0.29 $34,210 Land Subtotal: 8.4261 $117,965.00 $34,210PeN 200`Z AbA1e : Pt Co 4117 TX e 42b1 Aces 457b6a 9,Ss4 Monday, August 23, 2010 Page 1 of 2 WELD COUNTY ASSESSOR Ac :ount#: R6775991 PROPERTY PROFILE Parcel Local#: MH Seq#: MH Space: Buildings Valuation Summary Total Property Value $117,965 $34,210 *Approximate Assessed Value Monday, August 23, 2010 Page 2 of 2 „Account Notes Account#: R6775991 • Entry Date Office Note Bldg Category 8/27/2009 A 2009-Created Windsor/Severance Fire Bond 2023 per General Obligation Indebtedness ADM rec#3622770 05/14/2009. Added authority to tax area number.jsw Monday, August 23, 2010 Page 1 10/04/2010 07:56 FAX 9703046433 NEL0C0UNTYASSESS0R 0002/004 Appointment of Agency for Property Tax Matters Duff& Phelps LLC is authorized to represent the ownership of the properties shown on the attached Exhibit A via the consent of Broe Real Estate Services, Inc., authorized agent of the entities listed on the attached Exhibit A, with regard to property tax matters in Colorado, Texas, Nebraska, California and Illinois. Any and all previous authorizations are hereby revoked (except for the authorization(s) of Marvin Peer for appeals filed on or before 12/31109). Marvin Poer authorization(s) pertaining to appeals filed after January 1, 2010, are herby revoked. Duff & Phelps LLC is authorized to act on our behalf in obtaining and providing Information, negotiating, settling and assessing for all property matters related to the property owned, possessed, or controlled as shown on Exhibit A for any appeals or abatements filed after January 1, 2010. This agent is delegated full authority to handle all real and personal property tax matters for assessments relative to assessments and to represent us, with the assistance of legal counsel, if necessary, in the appeal process. This appointment of agency remains in effect for tax years 2008, 2009 and 2010 or until revoked in writing by Broe Real Estate Services Inc. or Duff& Phelps LLC, excepted as provided above. All correspondence should be directed to the following: NAME: Paul Luber Duff&Phelps LLC ADDRESS: 959 17th Street. Suite 2000 Denver, Colorado 80202 303-749-9016 Broe Real Estate Services Inc. ("BRES") is an authorized agent of the entities listed in Exhibit A. It has signed this Appointment of Agency in its capacity as an authorized agent. By: Broe Real Estate Services Inc. ("BRES") itoTakorec- '' SIGNED: a NAME/TITLE: Mark Schultz. Executive Vice President/CFO DATE EFFECTIVE: January 1. 2010 yr CorWkettapMaa'N,SG NOTARIZATION: STATE OF COLORADO )ss. CITY AND COUtTI'Y OF DENVER ) On this 25`"day of May, 2010,in the City and County of Denver,State of Colorado,before me,the undersigned,n notary public in and for said county and state,personally appeared Mark Schultz,to me known to be the identical person who signed the within and foregoing Appointment of Agency for Property Tax Matters on behalf of Broc Real Estate Services,Inc.as its Executive Vicc President/CFO,and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. d '.°- ckti Notary Public ?tlLY My commission expires: iaair 16,20(3 A 10/04/2010 07:57 FAX 9703046433 WELDCOUNTYASSESSOR a003/004 FXHIVITA Property Address County Entity Authori ing Authorized Agent (carad& Duff&Phelps LLC ones othuwNs noted) 1700 Broadway 1700 Denver 1700 Broadway Broe Real Estate Broadway Investments LLC Services Inc. Garage Adjacent to Wells 1750 Lincoln Denver 1700 Broadway Broe Real Estate Fargo Tower St Investments LLC Services Inc. Trinity Place 1801 Denver BRE Acquisitions 7 LLC Broe Real Estate Broadway Services Inc. 252 Clayton(Office& 252 Clayton Denver 252 Clayton Broe Real Estate Parking Garage) Associates LLC Services Inc. 50 Steele(Office&Parking 50 Steele Denver Steel Street Holding, Bros Real n Estate Garage) LLC Services c. Harvard Park West(Imp 850 E Denver 850 East Harvard Bros Real Estate Only) Harvard Ave Avenue LLC Services Inc. Harvard Park West(Land 850E Denver Porter Adventist Bros Real Estate Only) Harvard Ave Healthcare Services Inc. 18051835 Arapahoe 1805-1835 Denver Skypark Partners LTD Broe Real Estate )Section 236 Housing) Arapahoe Services Inc. 1805-1835 Arapahoe(Retail) 18051835 Denver Skypark Partners LTD Broe Real Estate Arapahoe Services Inc. Country Club Towers& 1001 E Denver Ogden Associates LTD Services Real Estate Gardens Bayaud Ave c. Country Club Towers& 12 S Ogden Denver Country Club Gardens Bros Real Estate Gardens Investments,LP Services Inc. Country Club Towers& 14 5 Ogden Denver Country Club Gardens Broe Real Estate Gardens Investments,LP Services Inc. Country Club Towers& 15 S Denver Country tments Gardens P BrrvsReal lnctate Gardens Downing St Country Club Gardens Mlsc 15 5 Denver Country Club Gardens Bros Real Estate Imp. Downing St Investments,LP Services Int. Country Club Gardens Misc 99 S Denver Country Cl ry Club Garents dens Bros Real Estate Imp. Downing St Services Inc. Panorama Point 9200 E Arapahoe BRE Acquisition 8,LLC Broe Real Services Inmate Mineral Ave c. Fort Collins Distribution 3620 Larimer Great Western land Broe Real Estate Facility Weicker Acquisition 1,LLC Services Inc. Drive J0/04/2010 07:58 FAX 9703046433 WELDCOUNTYASSESSOR 14004/004 ProPert/ . Address> County - ^Ehtit`YAutKbHiing Author!*.Agent ( Duff&Phelps lLC aJe� Hexcel Building 31815 Great Weld Great western BTS 1, Bros Real Estate Western LLC Services Inc. Pkwy Great Western Industrial Vacant Land Weld 0 LLC Services oeLand rosReal Inc. te Park Land Parcels owned by Acquisitions owner at right Great Western Industrial Vacant Land Weld Broe 11 LLC Servicesnd Broe al Estate Park Land Parcels owned by Acquisitions owner at right Great Western Industrial Vacant Land Weld BroeLand d Bros Real LLC Services Inure Park Land Parcels owned by Acquisitions owner at right Pineland Medical Office 5735 Dallas,TX Pineland MOB,LLC Broe Real Estate Pineland Dr Services Inc. Building , Terminal Bldg 105 5 9th St Lancaster, Roosevelt Holdings Bras Real Estate Parking NE Inc. Services Inc. Garage Terminal Bldg 941 0 Street Lancaster, Roosevelt Holdings Broe Real Estate Parking Lot NE Inc. Services Inc. Terminal Bldg 941 O Street Lancaster, Roosevelt Holdings Broe Real Estate NE Inc. Services Inc. Gallo Building 250 Brannon San Brannan Funding Broe Real Estate Street Francisco, Corp Services Inc. CA Two Transam 2 Transam York TTAP,LLC Bros Real Estate Plaza Drive Township, Services Inc. Oakbrook IL Terrace 0 CLERK TO THE BOARD cttvPHONE: (970) 336-7215, EXT. 4226 FAX: 0) 352-0242 91 915 10TH STREET P.O. BOX 758 111DG GREELEY, COLORADO 80632 COLORADO October 4, 2010 BROE LAND ACQUISITIONS 10 LLC CIO DUFF & PHELPS LLC 950 17TH ST STE 2000 DENVER CO 80202 RE: SCHEDULE NUMBER: R6775984; R6775985; R6775986; R6775991; R6775990; 6775989; R6775988 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petitions for abatement or refund of taxes on the property described as: various addresses. The meeting is scheduled for October 25, 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 petitions and deny (R6775988) 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, �* Tonya Disney Deputy Clerk to the Board cc: Assessor Duff& Phelps LLC Hello