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Home My WebLink About20091951.tiffCLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Wilk COLORADO September 3, 2009 MC MILLAN ROBERT L & 14419 WEST BATTENBURG DR BOISE, ID 83713 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - STIPULATE PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R0013292 PARCEL #: 146718312010 - ERI 24336-A L17-22 BLK 5 150 WELLS ST ERIE 80516 Dear Petitioner: On July 28, July 30, and August 5, 2009, 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 DETERMINED BY ASSESSOR ACTUAL VALUE AS STIPULATED $547,200 $441,365 2009-1951 ASS0073 4S, C-4, A&IC a Yom) o9 htil©7 MC MILLAN ROBERT L & - R0013292 Page 2 If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor DOWNEY AND MURRAY LLC 383 INVERNESS PKWY STE 300 ENGLEWOOD, CO 80112 2009-1951 AS0073 07/22/2009 14:58 FAX 9703048433 WELDCOUNTYASSESSOR 002/007 2009 COUNTY BOARD OF EQUALIZATION WELD COUNTY ASSESSOR'S ACCOUNT NUMBER R0013292 STIPULATION (As To Tax Year 2009 Actual Value) RE PETITION OF: NAME: MC MILLAN ROBERT L & 14419 WEST BATTENBURt3 DR BOISE ID 83713 Petitioner(s), MC MILLAN ROBERT L & and the Weld County Assessor, herebyenter into this Stipulation regarding the tax year 2009 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: ERI 24336-A L17-22 BLK 5 150 WELLS ST ERIE 80516 2. The subject property is classified as Commercial property 3. The County Assessor originally assigned the following actual value to the subject property for 2009. LAND: $157.500 IMPROVEMENTS: $389.700 TOTAL: $547.200 4. After further review and negotiation, the petitioner(s) and Weld County Assessor agree to the following actual value for the subject property. LAND: $157,509 IMPROVEMENTS: 5,283.865 TOTAL: $441,365 5. The valuations, as established above, shall be binding only with respect to tax year 2009. 2009-1951 07/22/2009 14:56 FAX 9703046433 WELDCOUNTYASSRSSOR (4003/007 8. Brief narrative as to why the reduction was made: Value was adjustedbased upon the general market prices per sq. ft. that were In place in the base period, additionally the income was considered as backup for the market. 7. A hearing has not yet been scheduled before the Board of Equalization. DATED this 22 day of July, 2009. Petitioner(s) or Attorney Petitionbr(s) or Attorney Address: ,' , Address: a3 eS11 knell /`i., Sad)/ Telephone: '‘399493—P0 Telephone: County Assessor: ca ADDRESS: V 1400 N:17th Avenue Greeley, CO 80831 (970) 353-3845 ext 3858 COMMERCIAL 547,200 547,200 REAL AND PERSONAL PROPERTY NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Ave GREELEY, CO 80631 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM HEDULEIACCOUNT NQ. TAX YEAR R0013292 2009 1333 O MC MILLAN ROBERT L & 14419 WEST BATTENBURG DR BOISE, ID 83713 ERI 24336-A L17-22 BLK 5 150 WELLS ST ERIE 80516 150 WELLS ST ERIE, CO 80516 ASSESSOR'S VALUATION, TO $547,200 $547,200 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: LHO2 - No change has been made to the valuation of this property. Colorado law requires us to send this notice of denial for all properties on which we do not adjust the value. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The deadline for filing personal property appeals is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. DOWNEY & MURRAY LLC 383 INVERNESS PARKWAY SUITE 300 ENGLEWOOD CO 80112 fl DPT-AR PR 207-08/08 NOD 8'. 2559 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9' Avenue and 9`" Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.qov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. 0ARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required fgt real property pursuant to § 39-8-106(1.5), C.R.S.) $ /8,338 What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) $'' .e A --t Mcl-(f�n I, the undersigned owner tainedA% ein and oq a Signature AITESTATI©N. or agent' of the property identified above, affirm that the statements attac ments hereto are true and complete. 6 c303 -913 - iii r i4i/aq Telephone Number Date Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/08 NOD #: 2559 DOWNEY & MURRAY at ATTORNEYS AT LAW July 14, 2009 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Weld County Board of Equalization 915 l0th Street, P.O. Box 758 Greeley, CO 80632 Re: 150 Wells St. Schedule/Parcel Number: R0013292 Dear Clerk to the Board: Thomas E. Downey. Jr. 303 813-1111 tedardowneymurray.com We represent the owner of the above referenced real property in Weld County. Enclosed is a Petition to the Board of Equalization protesting denials, or inadequate adjustments, by the Weld County Assessor. The Notice of the hearing on this matter should be directed to the undersigned. I am not available for hearings on August 3rd through the 5th. Thank you for your cooperation in this regard. Should you have questions, please call. Further, pursuant to C.R.S.§ 39-8-107(3), Petitioner, for each protest, hereby request that the Assessor provide all data supporting the assessor's determination of actual value to the undersigned no later than two working days prior to the CBOE hearing. Very truly yours, t bfrtfri Thomas E. Downey, Jr. TED/ss Enclosure cc: McIntosh & Associates 383 Inverness Parkway Suite 300 o Englewood, Colorado 80112 - fax 303 813-1122 EXHIBIT "A" ATTACHMENT TO COUNTY BOARD OF EQUALIZATION PETITION OF MC MILLAN ROBERT L & - SCHEDULE NO. /PARCEL NO. R0013292 1. The Assessor has failed to give appropriate consideration to all the requisite approaches to valuation in determining the value of the property. 2. The current year actual value assigned by the assessor does not reflect the actual value of the subject property during the 18 month period ending June 30, 2008. 3. Upon consideration of all the approaches to value, values given to comparable land and improvements and upon consideration of the requirements of Colorado law that require that assessments be uniform, just and equitable, a reduction in the current year actual value of this property is warranted. The attached analysis of McIntosh & Associates indicates that the value should be reduced to $298,338. McIntosh & Associates, LLC K d I I. IaIr 'V 150 Wells St County: Parcel: Bldg Area Year Built Income Approach per SF Potential Gross Income $ 42,924 $ Vacancy & Collection Loss $ (2,146) Effective Gross Income $ 40,778 Operating Expenses $ (10,944) $ Net Operating Income $ 29,834 Weld R0013292 5,472 Per Assr 1987 Capitalization Rate Indicated Value FMV Assessment Assessment Assessment Ratio 7.84 Per Lease 5.0% 2.00 Management Fees and other Operating Expenses 10.00% (Includes real estate taxes) $ 298,338 $ 55 $ 547,200 $ 100 $ 158,688 29% Notes: Overall postal service revenues are declining due to changes in technologies. The Postal Service is currently reviewing consolidation opportunities, which may affect their space needs around the country. This property is currently being reviewed. W CO CJ O TP ¢ U• 0)O V I' P N ON z ruCTO OOON -Z L /�.00 F- 0-.-4---in=QO-Vy/0 D.JW £ tag o • 1~- = O - J r u;1IIIu'1i1/.0 N N G 2 7009 0820 0001 4909 0 Ct N Ct O 0 o C 1ziio co O 6 'b C N ) 0 N 3�c� Hello