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HomeMy WebLinkAbout20102536.tiff RESOLUTION RE: DENY PETITION FOR ABATEMENT OR REFUND OF TAXES - BROE LAND ACQUISITIONS 10, LLC (R6775988) 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 Broe 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, denied, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0.00 $0.00 2009 � . ASR QED , ari I I - y . IJ 2010-2536 AS0075 TAX ABATEMENT PETITION - BROE LAND ACQUISITIONS 10, LLC (R6775988) 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 WELD COUNTY, COLORADO ATTEST: �: I �`lr : i rim v^1 . . s Radema er Chair Weld County Clerk to the Boar d "Th, \ ' J 1861 • 1 ) ',w ' e _-ra Kirkm- - , Pro-Tern BY. 1 i� 1 111 � rYw�.4`�� k - - Dep t Clerk . the Board If',,x°C ; . ��—_., can P. Conwa APP AS . — Willi fm E. Gar " �� y rneY /h — Ci cti 'l Ccr David E. Long I Date of signature: I / /i0 4V I 2010-2536 AS0075 053&7- 2(,- 1- o(-1- Du . r I PETITION FOR ABATEMENT OR REFUND OF'Use AssBssd TAXES County:`Weld - •DateI4eheived c2 c /O-4014.1- ( is or Commissioners'Date Stamp) . Section I: Petitioner,please complete Section I only. 1 — I ( ; l: Date: May 11,2010 ®® - Month Day Year Petitioner's Name: Broe Land Acquisitions 10 LLC MAY 11 2010 Petitioner's Mailing Address: C/O Duff 8 Phelps LLC 950 17th Street,Suite 2000 Denver,CO 80202 WELD COUN'T'Y A,�StSSOR City or Town State Zip Code GREELEY, COLORADO SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R6775988 Great Western Industrial Park 4th Filing,Block 3,Lot 2 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. Petitioner's estimate of value: $ 1,559 20( 09 ) 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 I ) '1-I • Petitioners Signature By ):14 /4t t. Dema4 y Daytime Phone Number(307) 7i9-4031/ 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: 612_5,16z) Assessor's Recommendation (For Assessor's Use Only) Tax Year —1—(7C)9 Actual Assessed Tax 32957 JJ ot° I yll ti Original 371557 t / Corrected t I 010 1t `1' O� Abate/RefunoAY' .C/ �{ ❑Assessor recommends approval as outlined above. No protest was filed for the year: Of a protest elect,please attain a copy of the NOD.) Assessor recommends denial for the following reason(s waa): csorso1Mny 15-OPT-AR No.920-66/06 2010-2536 1. FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) t • 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 abatementlrefund 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,if applicable. Please contact the county treasurer for full payment information. Petitioner's 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 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 Properly Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than$1,000) The action of the Board of County Commissioners,relative to the within petition,is hereby ❑Approved ❑Approved in part$ ❑Denied for the following reason(s): Secretary's signature Properly Tax Administrator's Signature Date 15-OPT-AR No.920-66/O6 WELD COUNTY ASSESSOR • Adccunt#: R6775988 PROPERTY PROFILE Parcel#: 080726104002 • 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 Street: 31750 GREAT WESTERN DR City: WINDSOR ATTN JOHN STONE 252 CLAYTON ST FOURTH FLOOR DENVER CO 80206 Business: Sales Summary Legal Description L2 BLK3 GREAT WESTERN INDUSTRIAL PARK 4TH FG Subdivision Name: GREAT WESTERN INDUSTRIAL PARK SUB 4TH FG Block Lot Tract Section Township Range 3 2 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 118,098 Acres 2.7112$14,000.07 $37,957.00 0.29 $11,010 Land Subtotal: 2.7112 $37,957.00 $11,010 betty/ NC? G I fi Nft- r 2069 duc t 6 T .ii -s , Kb (Slo °S(2— Monday, August 23, 2010 Page 1 of 2 • WELD COUNTY ASSESSOR Account#: R6775988 PROPERTY PROFILE Parcel#: 080726104002 Local#: MH Seq#: MH Space: Buildings Valuation Summary Total Property Value $37,957 $11,010 *Approximate Assessed Value Monday, August 23, 2010 Page 2 of 2 • • 'Account Notes Account#: R6775988 Entry Date Office Note Bldg Category 8/27/2009 A 2009-Created Windsor/Severance Fire Bond 2023 per General Obligation Indebtedness ADM rec#3622770 05/14/2009. Added authority to tax area number.jsw Monday, August 23, 2010 Page 1 . . s { ::p �i � • . 'R'7 t"`�'§� Y ^ rs, e �� �� � � � ✓ i�y r} n+Yr,�'xr tEz�r f." tit � Y>$�3�¢p' `�i r _ ¢ k,Y 5�; $k� 4 s t 4 k.,to r W �^ .4+'t tt to #•¢ tf�„. Y' �bd �z4 Y.< ,fit?tom { ' ,.5., +$,3a,_ +3tP Y,ta �k 10/04/2010 07: 56 FAX 9703046433 {YELDC0UNTYASSESS0R V]002/004 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 Poer for appeals filed on or before 12/31/09). 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 eal and personalabatements filed after January 1, 2010. This property tax matters for assessments agent ative to lassessments full an authority to all rwith 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 Bros 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: 950 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. (-BRESI iv:a" _ SIGNED: oe NAMFJTITLE: Mark Schultz. Executive Vice President/CFO �y Y DATE EFFECTIVE: January 1. 2010 OIr CtMrlrlalgMaM lif,70r7 NOTARIZATION: STATE OF COLORADO )s!. CITY AND COUNTY OF DENVER On this 25th day of May, 2010,in the City and County of Denver, State of Colorado,before me,the undersigned,a 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 Broe Real Estate Services,Inc. as Its Executive Vice 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. /i I /j L0. Notary Public TDLy My commission expires: 4im.16,2013 CIA 10/04/2010 07: 57 FAX 9703046433 WELDCOUNTYASSESSOR Z 003/004 E1cHIB9'A Property Address County Entity Authorizing Authorized Agent (Colorado Duff&Phelps LLC unless oratorios 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 Denver 252 Clayton Broe Real Estate 252 Clayton(Office& Associates LLC Services Inc. Parking Garage) 50 Steele(Office&Parking 50 Steele Denver Steel Street Holding, Broe Real Estate LLC Services Inc. Garage) Harvard Park West(imp 850 E Denver 850 East Harvard Broe Real Estate Only) Harvard Ave Avenue LLC Services Inc. Harvard Park West(Land 850 E Denver Porter Adventist Broe Real Estate Only) Harvard Ave Healthcare Services Inc. 1805-1835 Arapahoe 1805-1835 Denver Skypark Partners LTD Broe Real Estate (Section 236 Housing) Arapahoe Services Inc. 1805-1835 Arapahoe(Retail) 1805-1835 Denver Skypark Partners LTD Broe Services e Real Estate nc. Country Club Towers& 1001 E Denver Ogden Associates LTD Broe Real Estate Gardens Bayaud Ave Services Inc. Country Club Towers& 12 S Ogden Denver Country Club Gardens eal Inc.Services Estate Gardens investments Country Club Towers& 14 S Ogden Denver Country Club Gardens Broe Real Estate Gardens investments,LP Services Inc. Country Club Towers& 15 5 Denver Country Club Gardens Broe Real Estate Gardens Downing St Investments,LP Services Inc. Country Club Gardens Misc 15 S Denver Country Club Gardens Broe Real Estate Imp. Downing St Investments,LP Services Inc. Country Club Gardens Misc 99 S Denver Country Club Gardens Broe Real Estate Imp. Downing St Investments,LP Services Inc. Panorama Point 9200 E Arapahoe BRE Acquisition 8,LLC Bros Real Estate Mineral Ave Services Inc Fort Collins Distribution 3620 Larimer Great Western land Broe Real Estate Facility Weicker Acquisition 1,LLC Services Inc. Drive 10/04/2010 07:58 FAX 9703046433 {YELDCOUNTYASSESSOK WJVU4/UU4 Property AddrtiMle p CountY -t Entky,Auocoriking, .- .-ftsuthorlied Agent ( Duff&Phelps LLC unr� Hexcei Building 31815 Great Weld Great western BTS 1, Bros Real Estate Western LLC Services Inc. Pkwy Great Western Industrial Vacant Land Weld Bros o Land 1 LLC BrSeoe es Inc. l te Park Land Parcels owned by Acquisitions owner at right Great Western Industrial Vacant Land Weld goes d Broe 1 LLC ServicesIncite Park Land Parcels owned by Acq owner at right Great Western Industrial Vacant Land Weld AcquisitionsBroe d1 LLC Servi_Reces l Estate Park Land Parcels owned by owner at right Pineland Medical Office 5735 Dallas,TX Pineland MOB,LLC Broe Real Estate Building Pineland Dr Services Inc. Terminal Bldg 105 5 9th St Lancaster, Roosevelt Holdings Broe Real Estate Parking NE Inc. Services Inc. Garage Terminal Bldg 941 O Street Lancaster, Roosevelt Holdings Broe Real Estate Parking Lot NE Inc. Services Inc. Terminal Bldg 941 O Street Lancaster, Roosevelt Holdings Bros 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 Transom York TTAP,LLC Broe Real Estate Plaza Drive Township, Services Inc. Oakbrook IL Terrace 71;1:." CLERK TO THE BOARD PHONE: (970) 336-7215, EXT. 4226 ' 1 FAX: (970) 352-0242 915 10TH STREET P.O. BOX 758 1119 € . 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, Tanya Disney Deputy Clerk to the Board cc: Assessor Duff& Phelps LLC 41(90 CLERK TO THE BOARD PHONE: (970) 336-7215, Ext. 4225 F5 100) 352-0242 91 915 10TH STREET P.O. BOX 758 ' GREELEY, COLORADO 80632 C. COLORADO November 4, 2010 BROE LAND ACQUISITIONS 10 LLC ATTN: JOHN STONE 252 CLAYTON ST, 4TH FLOOR DENVER CO 80206 RE: SCHEDULE NUMBER: R6775988 Dear Property Owner: On October 25, 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 Vet truly yours, L-1/Lt _�i_ Tonya Disney Deputy Clerk to the Board cc: Assessor Duff& Phelps LLC 950 17th St, Ste 2000 Denver CO 80202 Hello