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HomeMy WebLinkAbout20102606.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - POULSEN, LLC/ACE HARDWARE 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 1st day of November, 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 Poulsen, LLC/Ace Hardware, being represented by Chris Ruff, 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 $100,990.00 $9,366.62 2009 CL •aSC Q k 2010-2606 1 ;%-1O AS0075 TAX ABATEMENT PETITION - POULSEN, LLC/ACE HARDWARE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of November, A.D., 2010. BOARD OF COUNTY COMMISSIONERS fag�� WELD COUNTY, COLORADO ATTEST: f • !,!:•�• ', :„it-, v✓eiLAnnrTh Iss1 (?'G �� o s Rademacher, hair tr Weld County Clerk tot E3. . d ie g. � Ti`s .cti O( i . bara Kirkmeyer ro-Te BY. ' //. ��.�llr/3ii'iri% Deputy Cle o e Board �, �� Sean P. C22y APPROVED AS TO FORM: il 2 Wi F. Garcia n (- untyAt rney eon } David E. Long Date of signature: iA/9o/O 2010-2606 AS0075 PETITION FOR ABATEMENTO(t'REFUND OF TAXES pI [� County` 061.--P Date Received rO77`tCr (] 7 2010 (Use Assessor's or Commissioners'Date Stamp) L ,, V_,+ 4 „ -, tef41 — I i\ P ( J "t y. ) `" Section I: Petitioner,please complete Section I only. ` " `� 30 zi 0 . , . .._ Month Day Year /� Petitioner's Name: T 't ,c( if L-inc f c ✓. R LsOi "`or/h114‘144-77 Petitioner's Mailing Address: ?C)' / / City or Town State Zip Code SC FOUR PARCEL.NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY �.f`O'iO LLll 5DO/ 7 Petitioner states that the taxes assessed against the above properly for the property tax year 2"t''0 l-q are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. Attach additional sheets if necessary.) (����� sir �/jTAIC-4j6> Z0)I ctt'l� 7( YL G27c�: STIViJ r; c.� / 34% 799 (Zee )i _ Petitioner's estimate of value: $ ( Value Year .. , Petitioner requests an abatement or refund of the appropriate taxes. `. i' 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 co• lete. Daytime Phone Number( ) P/ toner's Signatu - O !, ./ By /� Daytime Phone Number J 9Z �t2) —fit)(12 _ 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 1'Ii f the petition for refund or abatement of taxes in whale 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 Znll /4 /97 992 Assessed Tax p ter;v Original /Z497�9f2 / i/7/3W Try -2s1 IS Corrected hr/'t - Yf /4 rr—/ 4- v Abate/Refund `,J ❑Assessor recommends approval as outlined above. _Ilppiotest 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): U % V i tern /' 1 /ft Zoo y^l//y it/cc!//�/r,/�4 . y Assessor's Deputy Assessor's ature V 15-DPT-AR No.920-66/06 ^� 2010-2606 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(17),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 ctual Assessed IAA 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 Assessor's 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 duly and lawfully called regular meeting held on / / ,at which meeting there were pre he following members: Month Day Year with notice of such meeting and an opportunity to be present having en given to the taxpayer and the Assessor of said County and Assessor (being present—not present)and Name petitioner (bei present—not present),and WHEREAS,The said Name County Commissioners have carefully considered t within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED,That the Board(agre —does not agree)with the recommendation of the assessor and the petition be(approved—approved i art—denied)with an abatement/refund as follows: Year Assessed Value axes Abate/Refund Ste, ( �J0 / ht 1,.' Chairperson ooff the Board of 4 County IouI1 /Com1mission�ers Signature County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the aforem tioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proc 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 ote: 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$1,000) •- . 'Ion o - Board of County Commissioners,relative to the within petitionyis hereby ❑A.. • . -•Approved in part$ ❑Derijed for thTol wing reason(s): 9]�ilde Secretary's Signature Property Tax Administrator's ig tur Date 15-DP No.920-66/06 • LIMITED POWER OF ATTORNEY I/We, JOYly\ t-kePnilL ,`v�sse« de ,&Q&(?oL•Icc,., LLCi , whose address is /S/ Sn,,-w, ORIC AVE, Et-foN Co. , (the "Principal") do hereby designate Facility Solutions, LLC, whose address is 628 Main Street. Windsor, CO 80550, (the "Agent") as my/our attorney-in-fact and agent for the limited purpose set forth herein: TO ACT ON PRINCIPAL'S BEHALF AND IN PRINCIPAL'S NAME IN THE FILING AND PURSUIT OF PROTESTS AND/OR APPEALS OF THE COUNTY ASSESSOR'S VALUATION(S) FOR THE PROPERTY/PROPERTIES LISTED BELOW, TO ADVOCATE FOR AND AGREE TO A REVISED VALUATION FOR SAID PROPERTY/PROPERTIES AND, IF APPROPRIATE, TO PURSUE ABATEMENT OF TAXES PAID BY PRINCIPAL IN PREVIOUS YEARS FOR SAID PROPERTY/PROPERTIES. This Power of Attorney applies to assessments for the following parcel number(s): (nn -7 222/S'CoZ t OR0 722/ICno 1 Principal hereby grants Agent full power and authority to do everything necessary in exercising the powers herein granted as fully as Principal might or could do personally, with full power of substitution or revocation hereby ratifying and confirming all that Agent shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. This Limited Power of Attorney shall not be affected by Principal's disability or by the dissolution of Principal as an entity. This Limited Power of Attorney shall expire J� ,�-' 201o. IN WITNESS WHEREOF, Principal has executed this Limited Power of Attorney this day of l'VI A ci 2 Co ,20 /o . rincipal STATE OF COLORADO ) ss. COUNTY OF A/c at The forgoing Limited Power of Attorney was acknowledged before me this --e Tff day of /WA/ , 20 /O , by --./0/1/12./.7 /O/NCB Witness my vs! off:• Fi e My Commis r•;�.��, •'o EI pU6L�G Notary Public My Canrss&nn Ea an.ai.1d,2011 Cw Real Ware Elle Vow Edt IYlndow Celp RealWare Appeals 1jI 0 u 2 J S ha I oo Al 1 Review S: 648 J< ► surr.y!Appeal Detail'Appeal Rolback 1 Notes 1 View History 1 Appeallnlawaliort Date olAppeal /20 5/1409 Tax Year 2009 Appeal Number 648 Initiated By 1 Acct Manager 15GJ RequireAdjudicetion r P. Requre BoardDfReview r Inl al Recommendation j y RecemmendationBasis 1 r Mtg Rcpt. 1----1--- �. Status'Open _1 Tepayer Est Decision By ReReview Status Best Duplcate r J ReReviewAnalyst Type JASR J RefeviewDecision 1 J Sub Type 1 J COE Type I J Method 1Person J Mai Pkg To I J COE Date Reason !Value Too High J Contact Phone 'Case Numbs J Contact Email 1 Associated Accounts Parcel Number Account Types Appeal Schedule Date/Time 1 5/21/2009 nTiFir.4 - 4:00 PM R40960060807.22.1-15001 Commercial� . 4 l BoardNurrber Il J R4096106 0607-22-2-15-002 Commercial •• Locatren IFront Conference Room R7517898 0803.06.0.00-027 'Commercial j Comments I Fiat I Agent Filer Name 1: IPOULSEN LLC Address 1 1151 S OAK Filer Name 2 r - Fier I Address 2 Phone Number 119701590.5391 City EATON J State f Fax Number [ Zip Code 80615- 55N 1 Farm Yew AUM < )IN Identify Results Page 1 of 7 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4096006 Parcel#: 080722115001 Tax Area: 0421 Bordering County: Acres: 3.8649 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 06 - 67 - 22 - 1 WINDSOR TECH BUSINESS CENTER II 3RD FG - 1 - 1 OLVAIIIMMAIWCWASI=KG. Er Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Business/Complex: GUARDIAN MINI-STORAGE Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description WIN 3WTBCII PT Ll BLK1 WINDSOR TECH BUSINESS CENTER II 3RD FG COM C4 COR SEC NOD35'W 40' N89D17'E 25.11'TO POB N89D17'E 272.84' CURVE TO L(R=30') CHORD=N65D29'E 24.91' CURVE TO R (R=56') CHORD=N45D15'E 6.97' NOD42'W 494.17' N71D18'W 318.07' 50D42'E 614. Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value essed Measure Units Commercial 2135 Square Feet 164558 Multiple Unit 1120 Square Feet 3800 Land Subtotal: 168358 $364,495 $103,970 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Commercia 10 Commercia 11 Commercia 12 Commercia 13 Commercia 2 Commercia 3 Commercia 4 Commercia 5 Commercia 6 Commercia 7 Commercia 8 Commercia 9 Commercia Improvements Subtotal: $985,255 $279,420 Total Property Value $1,349,750 $383,390 Building Details Account#: R4096006 Parcel#: 080722115001 http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&Pin=08072... 10/1/2010 Identify Results Page 2 of 7 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# Property Type Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2001 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 4899 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 17 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# Property Type 10 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2004 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3000 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Gaps. e: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Bui_Idino# Property Type 11 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2004 Exterior: HVAC: None http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=08072... 10/1/2010 Identify Results Page 3 of 7 Interior Finish: Built As SQ Ft: 4800 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name&Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# Property Type 12 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2004 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3200 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage_ Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# Property Tvpe 13 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2004 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3200 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/SetSgl.asp?cmd=QUERY&DET=PP&pin=08072... 10/1/2010 Identify Results Page 4 of 7 Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# Property Type 2 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2001 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 5000 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 25 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name&Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 5 OAK City: WINDSOR EATON, CO 80615 Building# Property Type 3 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2001 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 7400 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 46 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# Property Type 4 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2001 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08072... 10/1/2010 Identify Results Page 5 of 7 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3800 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 38 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# Property Type 5 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2001 Exterior: HVAC: None Interior Finish: Built As SQ Ft 3450 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# Property Type 6 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2001 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3640 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08072... 10/1/2010 Identify Results Page 6 of 7 Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# Property Type 7 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2003 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 4800 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 26 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 5 OAK City: WINDSOR EATON, CO 80615 Building# Property Type 8 Commercial Individual Built As Detail Built As: Mini Warehouse Year Built: 2003 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 4800 # of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 32 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4096006 Parcel#: 080722115001 Owners Name &Address: Property Address: POULSEN LLC Street: 760 GARDEN DR WINDSOR 151 S OAK City: WINDSOR EATON, CO 80615 Building# P rt ropey Type 9 Commercial Individual Built As Detail http://maps2.mellick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08072... 10/1/2010 Identify Results Page 7 of 7 Built As: Mini Warehouse Year Built: 2003 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 4800 # of Baths: 0 Roof Type: Gable # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 14 gars e: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=08072... 10/1/2010 rie:t0 CLERK TO THE BOARD PHONE: (970) 336-7215, EXT. 4226 F50) 352-0242 91 10 91510TH STREET P.O. BOX 758 I GREELEY, COLORADO 80632 III COLORADO October 4, 2010 POULSON LLC/ACE HARDWARE 151 SOAK EATON CO 80615 RE: SCHEDULE NUMBER: R4096006 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: 760 Garden Dr, Windsor. The meeting is scheduled for November 1, 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, e1&hA f3/4ja . Tonya Disney Deputy Clerk to the Board cc: Assessor FACILITY SOLUTIONS 628 MAIN ST P.O. BOX 99 WINDSOR CO 80550 Tax Year: 2009 Facility Solutions for Poulsen Ace Hardware R4096006 Actual Assessed Tax Original $1,647,992 $484,380 $44,925.28 Corrected $1,349,749 $383,390 $35,558.66 Abte/Refund $348,242 $100,990 $9,366.62 &NO-a6OLe 2010 COUNTY BOARD OF EQUALIZATION WELD COUNTY ASSESSOR'S ACCOUNT NUMBER R4096006 & R4096106 STIPULATION (As To Tax Year 2010 Actual Value) RE PETITION OF : NAME: Poulsen LLC ADDRESS: 151 S. Oak Eaton, CO 80615 Petitioner(s), Poulsen LLC and the Weld County Assessor, hereby enter into this Stipulation regarding the tax year 2010 valuation of the subject property, and jointly move that the Board of Equalization to enter its order based on this Stipulation. Petitioner(s) and the Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: 760 Garden Dr., Windsor, CO 80550 2. The subject property is classified as Commercial property. 3. The County Assessor originally assigned the following actual value to the subject property for tax year 2010. Land $ 798,845 Improvements$ 1,914,959 Total $ 2,713,804 4. After further review and negotiation,the petitioner(s) and Weld County Assessor agree to the following actual value for the subject property. Land $ 798,845 Improvements$ 1,583,155 Total $ 2,382,000 EXHIBIT I , IOU I5entaC E 5. The valuations, as established above, shall be binding only with respect to tax year 2010. 6. Brief narrative as to why the reduction was made: Value was adjusted based upon additionally the income. 7. Both parties agree that the hearing scheduled before the Weld County Board of Equalization on July 30, 2010 at 3:15 PM be vacated; or, a hearing has not yet been scheduled before the Board of Equalization x (check if appropriate). D T ED th. 29 day of July, 2010. Petitioner(s) or o ey Petitioner(s) or Attorney Address: Address: Telephone: C/70 ' (0 l Y -/ 3 I 1 Telephone: Og �� County Ass sor Address: 1400 N.17th Avenue Greeley, CO 80631 (970) 353-3845 ext. 3656 Fm"'1.13¢7 ry'?m'Pr 1 4 z� � al `r'it,) LL-t tl 'VII? t:w� „'1 ne,. PETITION FOR ABATE3NEI. TJDR'REFUND OF TAXES County: ILI —l� C3 3!'3'3 V'' Date Received r079SEP 0 7 2010 (Use Assessor's or Commissioners'Date Stamp)OCT010 1 I A I:7 �-5 v r Lt t ij fjivt 1 +-V 4-g,ji t^' 'ai.E.`L, _td. i.rC`'7..r�r<ADO Section I: Petitioner,ppleease complete Section I only. �7r Date: ( J 3-1 Z-541 Q , .... lLlS - u Month -�Daayy;7 7-Yeaarr �jy / Petitioners Name: TA/c^LU j kcil, �S 'f 2J:30,4 ,9Ct /? Gfri - Petitioner'sMailingAddress: Po /L7( 97 City or Town State Zip Code SCHF UL E OR PARCEL-NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY ip 6004- sa7,7_t( 500/ Petitioner states that the taxes assessed against the above property for the property tax year 2 '➢ d are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. �' � n / , Attach additional� sheets if necessary.) C d Cr�`�t� .C /177111C- Petitioner's estimate of value: $ / 3d1? TI? (�7 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 Co flete. - Daytime Phone Number f ) - _- PfOloner'sSignatur p' By /1� / Daytime Phone Number f 9' ) /2o-//3 co — 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,§39-10-1145(1),C.R.S. Section II: Assessor's Recommendation (For Assessor's Use Only) Tax Year L ///AJcttuuuala(� Assessed /�t� �Tax p original /,497992 V$7///0� 77/ 9''2`7 'ZS Corrected Pt il �f et n-1.4- ''-e---- Abate/Refund Assessor recommends approval as outlined above. RI.N rotest was filed for the year: (If a protest was filed,please attach a copy of the NOD.) Assessor" � recommends denial for the following' J- /reason(s): / / (glee_ lz' pD It( `�' in 2f'C'/�yaudl� /// Gam• Assessor's Oe2 Assessor's ature rji-) 15-DPT-AR No.920-66/06 p \0 1 Page 1 of 1 John@poulsenacehardware.com From: Stan Jantz [sjantz@co.weld.co.us] Sent: Wednesday, March 03, 2010 2:01 PM To: john@poulsenacehardware.com Subject: Accounts R4096006& R4096106 GUARDIAN MINI-STORAGE Attachments: AbateForm1-External-08-06.pdf Hi John & Russ, I did some checking and the only option available for you is to file a PETITION FOR ABATEMENT OR REFUND OF TAXES. I have attached a copy of the form with this email. Please fill it out and return it to the Assessor's Office. Regards, Stan Jantz Brenda Dones, Deputy Assessor March 16, 2010 Re: Account#R4096006 and#R4096106 The above properties are located at 760 East Garden Drive, Windsor, Colorado and are adjacent to one-another. The first property has had self storage on it for about 6 years. The second property was purchased 3 years ago as vacant land. The 2008 actual value of the first property was $1,594,572 and$239,761 for the second as shown on the Notice of Valuation. Those taxes were paid in 2009. On June 13th 2008 we received a building permit to expand our self storage business onto the vacant land. The construction process began in early July 2008 and took until May 12th 2009. We received a Certificate of Occupancy on that date. In April of 2009 we received a Notice of Valuation of the two properties listing actual values of$1,697,992 for the first and $1,015,813 for the second. It is our understanding that those are the actual values as to the state in which they were as of June 30th 2008. As of June 30th, 17 days after the permit was granted, only some excavation had been started —no concrete had been poured and no buildings had been erected. We contested the increased values on May 2151 with Stan Jantz. Numerous topics were discussed and a further meeting was required on the property site to verify building square footages. That meeting occurred on June 16th. We received no further correspondence from Stan Jantz or from Weld County until we received the tax invoices in February 2010. We inquired about the values again with Stan in a meeting in his office on February 23`d 2010 and he stated that we should have received a Letter of Determination months before. After inquiring and requesting a copy, we received our first copy of the Letter of Determination from Stan Jantz on February 26th 2010. We were then notified that because we had made no further contest to the values that they had been determined and our time frame to further contest them had expired. After checking with our office we submit to you that we received no such letter and had no chance to further review changes made to the valuation. We therefore are seeking an adjustment of the 2009 property taxes because we believe the values of the properties are over-stated in the Weld County assessments for the following reasons; 1. No additional value had been added to either property as of June 30th 2008. Concrete was poured in July and erection of buildings began in July. The permit was issued on June 13th 2008 -17 days prior to assessment cut-off date. The Certificate of Occupancy was issued 05/12/09. We understand,but do not agree, that additional square footage of our future expansion plans were calculated and included in the assessment. Using comparable self storage sales to determine property values are only accurate when there are operational improvements present. It would be inappropriate to put a value on the property based on future income producing improvements. The value for both properties then should be left unchanged from that of the previous year. To further clarify this value the new phase was producing little income at the end of 2008 because we had not received the Certificate of Occupancy—it was issued May 12`h 2009. 2. From an income approach, as of June 30`h 2008,the Net Operating Income for the previous 12 months (July 2007 thru June 2008) was $170,214. If a capitalization rate of 9% is applied, it values out at $1,891,266 which approximates the 2008 actual value of the two properties combined. It is our opinion then that the June 30th 2008 value is; $1,594,572 for#R4096006 and $239,761 for#R4096106 Sincerely, John Heppndt Russell Heppner YOU HAVE THE RIGHT TO APPEAL YOUR REAL PROPERTY VALUE OR ITS CLASSIFICATION APPEAL PROCEDURES APPEAL BY MAIL: If you choose to mail a written appeal, you may elect to complete the appeal portion of this form, detach it, and mail, e-mail or FAX it to the Assessor at the address listed on this Notice of Valuation. To preserve your right to appeal, your mailed appeal must be postmarked no later than June 1. TO PRESERVE YOUR APPEAL RIGHTS, YOU MAY BE REQUIRED TO PROVE YOU HAVE FILED A TIMELY APPEAL; THEREFORE,WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. Nat?) APPEAL IN PERSON: If you choose to appeal your valuation in person, please call the Assessor's Office at (970) 353-3845 ext.3657 to make an appointment to meet with an appraiser. Please bring all materials you wish considered to the appointment. To preserve your right to appealpyou must appear in the county assessor's office on or before June 1. ASSESSOR'S DETERMINATION: The Assessor must make a decision on your appeal and mail a Notice of Determination to you by the last regular working day in June. APPEALING THE ASSESSOR'S DECISION: If you are not satisfied with the Assessor's determination, or if you do not receive a Notice of Determination from the Assessor, you must file a written appeal with the County Board of Equalization on or before July 15. AFTER THESE DATES,YOUR RIGHT TO PROTEST IS LOST. REAL PROPERTY APPEAL YOU MAY ELECT TO COMPLETE THE FORM WHICH FOLLOWS TO APPEAL YOUR PROPERTY VALUATION OR CLASSIFICATION. Completing the Real Property Questionnaire which follows will help you determine an estimate of value for your property, which can be compared to the value determined by the Assessor. Colorado law requires application of the market approach to value for residential properties (includes apartments) and consideration of the cost, market, and income approaches to value for vacant land, commercial, and industrial properties. REAL PROPERTY QUESTIONNAIRE ATTACH ADDITIONAL DOCUMENTS AS NECESSARY MARKET APPROACH: This approach to value uses sales from the appropriate time period to determine the actual value of your property. The following items, if known, will help you estimate the market value of your property. If available, attach a copy of any appraisal or written estimate of value. Have similar properties in your immediate neighborhood sold? DATE SOLD PROPERTY ADDRESS SELLING PRICE Note: The Cost and Income Approaches are used for Non-Residential properties only. COST APPROACH: This approach uses replacement cost new, less depreciation and is best when the structures are new or less than 5 yrs old. If the structure is less than 5 yrs old please answer the following: Type of Structure Cost to construct new Have changes been made since construction. Please describe them. Type of change Cost Type of change Cost Type of change Cost INCOME APPROACH: This approach uses net income from operation of a property which was rented or leased the previous year and converts the net income into actual mar cet value. Please attach operating statements showing income and expenses related to operation of the buildings only. These statements should reflect the past 3 years of operation if possible. Also show rents of comparable properties if you have that information available. If you have an appraisal showing the income approach which was done in the past 2 years, please attach also. Based upon the information shown above please give your estimate of the true market value of your property as of June 30. 2002 $ CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 at/ FAX: (970) 352-0242 P. BOX 758 GREELEY, COLORADO 80632 WIi 'D • COLORADO August 6, 2010 POULSEN LLC 151 S OAK EATON, CO 80615 RE: THE BOARD OF EQUALIZATION, 2010, WELD COUNTY, COLORADO - STIPULATE PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R4096006 PARCEL #: 080722115001 - WIN 3WTBCII PT L1 BLK1 WINDSOR TECH BUSINESS CENTER II 3RD FG COM C4 COR SEC N0D35'W 40' N89D17'E 25.11' TO POB N89D17'E 272.84' CURVE TO L (R=30') CHORD=N65D29'E 24.91' CURVE TO R (R=56') CHORD=N45D15'E 6.97' N0D42'W 494.17' N71D18'W 318.07' S0D42'E 614. Dear Petitioner: On July 30, 2010,the Board of County Commissioners of Weld County, Colorado, convened, and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S.,et.seq., considered the Stipulation on your petition of appeal of the County Assessor's valuation of your property described above, for the year 2009. The Stipulation was entered into between the Assessor and said petitioner(s),and accepted by the Board of Equalization, agreeing that the assessment and valuation of the Weld County Assessor be Stipulated as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY STIPULATED ASSESSOR $1,697,992 $1,349,749 2010-1657 AS0076 Hello