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Home My WebLink About20092248.tiff:;r4 Wine COLORADO September 1, 2009 DAKA PROPERTIES LLC C/O MYATT BRANDES & GAST PC 323 S COLLEGE AVE STE 1 FORT COLLINS, CO 80521 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - STIPULATE PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R1415402 PARCEL #: 095923370013 - EVS 2TUS TRACT O TUSCANY 2ND FG 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 $67,068 $25,150 2009-2248 AS0073 Ot/(r 41 DAKA PROPERTIES LLC - R1415402 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 PROPERTY ASSESSMENT SERVICES INC 10211 N 32ND ST STE G PHOENIX, AZ 85028 2009-2248 AS0073 t Jul. 29 09 04:53p ESP PAS 077/2009 14:09 FAX 9703046433 WELDCOUNTYASSESSOR 602 867 7659 p.2 t¢J 002/ uui 2009 COUNTY BOARD OF EQUALIZATION WELD COUNTY ASSESSOR'S ACCOUNT NUMBER R1415402 STIPULATION (As To Tax Year 2009 Actual Value) RE PETITION OF: NAME: DAM PROPERTIES LLC C/O MYATT BRANDES & GAST PC 323 S COLLEGE AVE STE 1 FORT COLLINS CO 80521 enr into StipulationregDAM ardingga ird ngPROPERTIES LLC and the Weid the tax year 2009 valuation oft the subject property, and hereby io tlyamove this 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: EVS 2TUS TRACT O TUSCANY 2ND FG 2. The subject property is classified as Vacant Land property 3. The County Assessor originally assigned the following actual value to the subject property for 2009. LAND: 567,068 TOTAL: $87.068 4. After further review and negotiation, the petitioner(s) and Weld County Assessor agree to the following actual value for the subject property. LAND: $25.150 TOTAL: $25.150 0.Ni54¢1 •HITS 1N41G1MGYN$OPS 2009-2248 Jul 29 09 04:53p ESP PAS • 07/27/2009 14:09 FAX 9703046433 WELDCOUNTYASSESSOR 602 867 7659 p.3 0Ou3/uus 5. The valuations, as established above, shall be binding only with respect to tax year 2009. 6. Brief narrative as to why the reduction was made: Value was adjusted based upon the general market prices per sq. ft that were in place in the base period. 7. Both parties agree that the hearing scheduled before the Weld County Board of Equalization on 8/5/2009 at 1:00 PM be vacated. DATED this 27 day of July, 2009. Petitioner(s).or Attorney Address: ( Address: /OAlt Al. 3Am- o 5,1 - FM °ILI-1OC 4" 7-- Vi -C:2-$ Telephone: Telephone: 60A -n- T- p/ 7 County Assessor. Nn 11UoroTitan Moro ADDRESS: 1400 N.17th Avenue Greeley, CO 80631 (970) 353-3845 ext. 3656 Jul 29 09 04:53p ESP PAS 602 867 7659 p.1 PROPERTY ASSESSMENT SERVICES FAX COVER SHEET 10211 N 32nd Street, Suite G Phoenix, Arizona 85028 Phone number: 602-867-2917 Fax number: 602-867-7659 Send to: Stan Jantz From: Peter J. McLaughlin, CMI Weld County Assessor's Office Date: 7/29/09 Office location: Greeley, Colorado Office location: Phoenix Fax number: 970-353-3815 30'e b'F33 Phone number: 602-867-2917 Urgent U Reply ASAP IJ Please comment Total pages, including cover: 3 Comments: �J Please review UFor your information Mr. Jantz, attached is the executed stipulation concerning account number R 1415402. Please provide me with a copy of the final order from the Board. If you require anything additional, feel free to contact me at your earliest convenience. President VACANT LAND 67,068 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 ULEIACCOUNT NO. R1415402 2009 0663 DAKA PROPERTIES LLC C/O MYATT BRANDES & GAST PC 323 S COLLEGE AVE STE 1 FORT COLLINS, CO 80521 GAL DESCRIPTI "AL1 EVS 2TUS TRACT O TUSCANY 2ND FG R'S VALUATION ACTUAL VALUE AFTER REVIEW ' • ' 33,534 TOTAL' $67,068 $33,534 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: Drainage easement, not a buildable parcel. 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. PROPERTY ASSESSMENT SERVICES INC 10211 N 32 STREET SUITE G PHOENIZ AZ 85028 15-DPT-AR PR 207-08)08 NOD 4. 4726 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°1 Avenue and 9th 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. PETITION TO COUNTY BOARD 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 for real property pursuant to § 39-8-106(1.5), C.R.S.) $ 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 cot, appraisal, etc.) igniligr Ar3,5 , r�:�.� ;1/&"512.--t- fKkf 1-‘410 roViS dti�V;8� k r*rf v6 f - (J �CGV L » _ Cedd) )-) `°443 ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements herein and on any attachments hereto are true and complete. --_:-_-........---1---------_______ 1GuA) k< 4 -O91-7 71/1/a9 Signature Telephone Number Date 'Attach letter of authorization signed by property owner. 15 -OPT -AR PR 207-08/08 NOD it: 4726 C ci 1 cP r - ci "3 w C) h6tL 6990 E000 0E2E 900t iU\I\l\\ \i\ \\\\\\\Itiit\\\\\\VI'4 W v_ c _ W O —1 e 0 C H u CI. '2 u Y W cii • ill:-. im 0 H z e^x 4Rri Wine COLORADO July 28, 2009 DAKA PROPERTIES LLC C/O MYATT BRANDES & GAST PC 323 S COLLEGE AVE STE 1 FORT COLLINS, CO 80521 Dear Petitioner(s): CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4226 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No.: 095923370013 Account No.: R1415402 The Weld County Board of Equalization has set a date of August 5, 2009, at or about the hour of 1:00 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, First Floor Hearing Room, 915 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2009, and mailed to you on or before August 12, 2009. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. DAKA PROPERTIES LLC - R1415402 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION L ( LG CA__ 4: 1, LC Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor PROPERTY ASSESSMENT SERVICES INC 10211 N 32ND ST STE G PHOENIX, AZ 85028 Esther Gesick From: Sent: To: Subject: Esther: Brian R. Leone [bleone@myattbrandesgast.com] Wednesday, August 05, 2009 8:41 AM Esther Gesick RE: Stipulation for R1415402 - DAKA PROPERTIES, LLC My clients will be signing a "ratification" of the actions taken with respect to Tract 0, and I expect to have that from them tomorrow. You can go ahead and let the stipulation stand as we will be ratifying it. Thanks. Brian R. Leone, Esq. Myatt Brandes & Gast, PC 323 South College Avenue, Suite 1 Fort Collins, Colorado 80524 Telephone: (970) 482-4846 Facsimile (970) 482-3038 E -Mail: bleone@mvattbrandesgast.com CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you have received this message in error, please (1) do not open any attachments, (2) reply to the sender that you have received this message in error, and (3) delete this message. Thank you. TAX ADVICE NOTICE: If advice concerning any federal tax issue is contained in this communication (including any attachments), such advice is not written and cannot be used for the purpose of avoiding federal tax penalties. Original Message From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent: Tuesday, August 04, 2009 3:38 PM To: Brian R. Leone Cc: Stan Jantz; Chris Woodruff Subject: Stipulation for R1415402 - DAKA PROPERTIES, LLC Hello Brian, I'm just following up on a previous e-mail I sent to you (see message below) and was wondering if you had had an opportunity to address your concerns with the Assessor's Office. I am preparing a list of the remaining accounts that have been stipulated and need confirmation on this account before it can be read into the record. Please advise. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 1 (970)356-4000 X4226 (970)352-0242 (fax) Original Message From: Esther Gesick Sent: Thursday, July 30, 2009 1:50 PM To: 'bleone@myattbrandesgast.com' Cc: Stan Jantz; Chris Woodruff Subject: DAKA PROPERTIES, LLC Brian, Here is the packet of information as it exists at the BOE level. Upon review you may want to contact either Stan Jantz, Appraiser, or Christopher Woodruff, Assessor, to address your concerns with them as you related them to me. Please let me know if you need anything further. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) 2 Hello