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Home My WebLink About20101374.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - SUPER AMERICA LLC, C/O DAVID LEWIS 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, a hearing before the Board was held on the 14th day of June, 2010, at which time the Board deemed it advisable to continue said matter to June 28, 2010, in order to allow the petitioner adequate time to provide the requested information, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 28th day of June, 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 Super America LLC, do David Lewis, 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 denied as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0.00 $0.00 2009 cc : f15k , Po, Sgt,fru- 2010-1374 1 - 3C - I0 AS0075 TAX ABATEMENT PETITION - SUPER AMERICA LLC, C/O DAVID LEWIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO N ATTEST 6 (F-Y K ` ou s Ra i acher, Chair Weld County Clerk to the Bo d _ ' IS f, '� -EXCUSED 1-7 `_9� rbara Kirkmeyer, Pro-Tem ) k}&rd ,-3— ,j Sean P. popway APPRO ED AST (J Wre illi m F. Garcia 0 orney e1\\ to j David E. Long // Date of signature: 1 19 I Io 2010-1374 AS0075 • PETITION FOR ABATEMENT OR REFUND OF TAXES ^ County: Weld Date Received G /O- COI (Use Assessor's or Commissioners'Date Stamp) MEISSNER ASSOCIATES Section I: Petitioner, please complete Section I only. P.O. Box 630408 Littleton, CO 80163-0408 303 649-9550 Date: February 5, 2010 Month Day Year ( ) 9.9548 Fax Petitioner's Name: Super America LLC do David Lewis RECEIVED Petitioner's Mailing Address: 1360 West 13th Avenue Broomfield,Co 80020 FEB 05 2010 City or Town State Zip Code WELD COUNTY ASSESS() fd (��(y SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION RTY-- D° R4908186 300 Justin Avenue, Platteville 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.) Overvaluation of a convenience store use commercial property located in Platteville. Please consider the attached base period convenience store sales comparables. Also note that the subject did not have gas pumps during the base period. In fact, that portion of the lot has been an open pit for the last couple years. Petitioner's estimate of value: $ 480,000 ( 2009 ) 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 ) P boner' Signature • By ' Daytime Phone Number( ;05) 6y'? 1s3 t') 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: Assessor's Recommendation (For Assessor's Use Only) Tax Year ZOOC? Actual Assessed p original 94 a OOO 2.22, 7z0 /5 /y 5?y / corrected 74 t��... 2�? V2.O /ae.____ 7 3 Abate/Refund Y' TI Y' O Assessor recommends approval as outlined above. tt,No protest was filed for the year: 4OO I (If a protest was filed,please attach a copy of the NOD.) Assessor commends denial n{ for the following reason(s): lAh4 corrc ✓/7 6tiSe- 1 on /rT.,ka±��, / . 47/2 Assessor's or Deputy Assess Ignature 15-DPT-AR No.920-66/06 ' I 2010-1374 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 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 Actual Assessed Isa Original Corrected Abate/Refund Note:The total tax amount does not include accrued interest,penalties,and fees associated with late andlor 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 abatement/refund as follows: Year Assessed Value Taxes Abate/Refund Chairperson of the Board of County Commissioners'Signature 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$1,000) The action of the Board of County Commissioners, relative to the within petition, is hereby 0 Approved ❑Approved in part$ 0 Denied for the following reason(s): Secretary's Signature Property Tax Administrators Signature Date 15-DPT-AR No.920-66/06 :7 JN. zi U c.JJF'tk' AMF_H'1A LLC F'AaE 0 /1`; • M MEISSNER ASSOCIATES AReal Estatcmx Reductions • Brokerage CONSULTANT - EXCLUSIVE AGENCY AGREEMENT Super America LLC PROPERTY OWNER/CLIENT —__ 300 Justin Ave Platteville ADDRESS Weld COUNTY COLORADO SCHEDULE NUMBER(S) R4908186 Client agrees with Meissner Associates that for the real estate assessment year 2009, and for the biennial period 2009 and 2010, for the property referenced above, that Meissner Associates is hereby engaged and authorized to act as exclusive agent and consultant for Client, in the preparation of a real estate assessment petition for the Client to the County Board of Equalization, and if necessary, to the State of Colorado Board of Assessment Appeals. Client hereby authorizes Meissner Associates, as exclusive agent of the Client to execute and cause to be tiled on behalf of Client and in the name of Client, any and all documents relating to a petition of the assessments, for the assessment year 2009 and for the remaining year of the biennial period referenced above, to the County Board of Equalization, and if necessary, to the State of Colorado Board of Assessment Appeals If the services of an attorney at law are required in connection with any petition referenced herein, it is the Client's option and expense to continue the petition by engaging an attorney. Meissner Associates will co-operate with the attorney in the furtherance of the petition. Meissner Associates does not perform the duties or functions of an attorney at law. Any fees payable to Meissner Associates for its services are separate and distinct from any fees payable by the Client to any attorney at law retained by the Client, are strictly contingent on assessment reductions, and are payable according to the terms of the FEE AGREEMENT This CONSULTANT - EXCLUSIVE AGENCY AGREEMENT terminates upon receipt by Meissner Associates of the final resolution of any petition(s) initiated during the biennial period referenced above -- - - i—' 9--01 _ Property Owner/Client Date ----- .___ — Date —� Ray J. Meissner,Meissner ASS0C, es Date ® P O. nu, 040 I-08 • Littleton, CO 8u1( 3.04004 • (,3(13) 49.955() • (9-0) M19•09hll mrnsnrrs,5,torm:as, in, I AX 404; 6.11J-1)5 IN _CAA Subject Property 300 Justin Avenue, Platteville R4908186 h}} k ^n]TR pp FR 14 '�.. -"mew � z ,. pr y.( �..,... u,, .,........Ay A, A.0.......... . ....Live,.... .vaupa uuy.,I ukaya.bvvssc.wu I,l kayo.r yw.ovw4-.A. a_ya.ui uia,6cwvuc a_. 300 Justin Ave GetGoogleMapsonyourphone Gougle maps Address Platteville, CO 80651 Tattle word"GMAPS"to466453 eke 91W 'ib:r in i (� ry / I'W ' $ a -p V o I I rein I' s .1"n \W 'g yl/ a i f[ .,a I -I 1 __._ n a ,!N I 1 Olive Innml iol� Mizpah c I I Cemetery David CI n — _ ___ . I < _ _. _- -- Ash 55 Grand Ave Grand Ave _ 65 a - - - I ,, o ,:N Elm CI -- — i 1°' a 'I .\ g ry I p Elizabeth[Ave . 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BOX 758 GREELEY, COLORADO 80632 COLORADO May 13, 2010 SUPER AMERICA LLC c/o DAVID LEWIS 1360 W 13TH AVE BROOMFIELD CO 80020 RE: SCHEDULE NUMBER R4908186 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: 300 Justin Ave, Platteville. The meeting is scheduled for June 14, 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 me at(970) 336- 7215, Extension 4226. Sincerely, Esther E. Gesick Deputy Clerk to the Board cc: Assessor Meissner Associates PO Box 630408 Littleton CO 80163-0408 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 C. COLORADO July 20, 2010 SUPER AMERICA LLC CIO DAVID LEWIS 1360 W 13TH AVE BROOMFIELD CO 80020 RE: SCHEDULE NUMBER: R4908186 Dear Property Owner: On June 28, 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: Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 In preparation for appealing to the State Board of Assessment Appeals you may also go to the following state link to obtain any further information you may need to proceed, http://www.dola.state.co.us/baa/index.htm Very taDiney truly yours � Deputy Clerk to the Board cc: Assessor Meissner Associates P.O. Box 630408 Littleton CO 80163-0408 td/eg Hello