HomeMy WebLinkAbout20062052.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2006, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
DIAMOND SHAMROCK STATIONS INC#641
ATTN AD VALOREM TAX DEPT
P O BOX 690110
SAN ANTONIO, TX 78269-0110
DESCRIPTION OF PROPERTY: ACCOUNT#: R2396786 PARCEL#: 095913300008 - GR
17569B PT SW4SW4 13 5 66 (WEST GREELEY 2ND ANNEX) BEG ON E LN OF RD FROM
WHICH SW COR BEARS SO4D02'W 400.7' S89D43'E 50' S82D22'E 161.7' NOD15'W 203.1'
N89D43'W 210.2' S0D15'E 182.4' TO BEG (1A M/L) %2720 35 AVE% 2720 35 AV GREELEY
80631
WHEREAS, the Board of County Commissioners of Weld County, Colorado, convened as
the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the
assessment and valuation of real and personal property within Weld County, fixed and made by
the County Assessor for the year 2006, and
WHEREAS, said petition has been heard before the County Assessor and due Notice of
Determination thereon has been given to the taxpayer(s), and
WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's
valuation for the year 2006, claiming that the property described in such petition was assessed too
high, as more specifically stated in said petition, and
WHEREAS, said petitioner not being present or represented, and
WHEREAS,the Board has made its findings on the evidence,testimony and remonstrances
and is now fully informed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, acting as the Weld County Board of Equalization, that the evidence presented at the
hearing clearly supported the value placed upon the Petitioner's property, after review by the Weld
County Assessor. Such evidence indicated the value was reasonable, equitable, and derived
according to the methodologies, percentages, figures and formulas dictated to the Weld County
Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and
hereby is, affirmed as follows:
ACTUAL VALUE
AS DETERMINED
BY ASSESSOR
Land $ 139,482
Improvements OR
Personal Property 410,518
TOTAL $ 550,000
2006-2052
AS0064
�,� f /1-S, (4, PET; „fa,„ D8-o e7-off
RE: BOE - DIAMOND SHAMROCK STATIONS INC#641
PAGE 2
BE IT FURTHER RESOLVED that a denial of a petition, in whole or in part, by the Board of
Equalization may be appealed by selecting one of the following three options; however,said appeal
must be filed within 30 days of the denial:
1. Board of Assessment Appeals: You have the right to appeal the County
Board of Equalization's(CBOE's)decision to the Board of Assessment Appeals
(BAA). Such hearing is the final hearing at which testimony, exhibits, or any
other evidence may be introduced. If the decision of the BAA is further
appealed to the Court of Appeals, only the record created at the BAA hearing
shall be the basis for the Court's decision. No new evidence can be introduced
at the Court of Appeals. (Section 39-8-108(10), C.R.S.)
Appeals to the BAA must be made on forms furnished by the BAA, and
such appeals should be mailed or delivered within thirty (30) days of
denial by the CBOE to:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, CO 80203
Phone: 303-866-5880
Fees: A taxpayer representing himself is not charged for the first two appeals to the
Board of Assessment Appeals; however, a taxpayer being represented by an agent
or an attorney must submit a fee of$101.25 per appeal.
OR
2. District Court: You have the right to appeal the CBOE's decision to the District
Court of the county wherein your property is located. New testimony, exhibits
or any other evidence may be introduced at the District Court hearing. For filing
requirements, please contact your attorney or the Clerk of the District Court.
Further appeal of the District Court's decision is made to the Court of Appeals
for a review of the record. (Section 39-8-108(1), C.R.S.)
OR
3. Binding Arbitration: You have the right to submit your case to arbitration. If
you choose this option the arbitrator's decision is final and your right to appeal
your current valuation ends. (Section 39-8-108.5, C.R.S.)
Selecting the Arbitrator: In order to pursue arbitration, you must notify the
CBOE of your intent. You and the CBOE select an arbitrator from the official list
of qualified people. If you cannot agree on an arbitrator,the District Court of the
county in which the property is located will make the selection.
2006-2052
AS0064
RE: BOE - DIAMOND SHAMROCK STATIONS INC#641
PAGE 3
Arbitration Hearing Procedure: Arbitration hearings are held within sixty days
from the date the arbitrator is selected. Both you and the CBOE are entitled to
participate. The hearings are informal. The arbitrator has the authority to issue
subpoenas for witnesses, books, records, documents and other evidence. He
also has the power to administer oaths, and all questions of law and fact shall
be determined by him.
The arbitration hearing may be confidential and closed to the public, upon
mutual agreement. The arbitrator's written decision must be delivered to both
parties personally or by registered mail within ten (10) days of the hearing.
Such decision is final and not subject to review.
Fees and Expenses: The arbitrator's fees and expenses are agreed upon by
you and the CBOE. In the case of residential real property, such fees and
expenses cannot exceed$150.00 per case. The arbitrator's fees and expenses,
not including counsel fees, are to be paid as provided in the decision.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of August, A.D., 2006.
BOARD OF COUN COMMISSIONERS
WEL UN OLORADO
Ida
ATTEST: gall
1861 'j' .1 M eile, Chair
Weld County Clerk to th or r: z�0 4CP ' erc David E. Long, Pro-Tern
BY: �s�/�/: i , i ►��i'�. �ifR�✓: _I
Deputy Clerk o the Board ��� EXCUSED
Will H. Jerkeg
APPROVED AS TO FORM: L (� (1 f \ t
.
• Robert D. Mande VV..
yyU
Assi nt Cou Attorney
Gle Vaad
Date of signature: 7l/3/e�>
2006-2052
AS0064
•
NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR
• 1400 NORTH 17th AYE.
•GR 17569E PT .SW4SW4 13 5 66 (WEST GREELEY,CO80631
Aft 8;°1 GREELEY 2ND ANNEX) BEG ON E LN OF PHONE(970)353-3S4$,EXT.3650
RD FROM WHICH SW COR BEARS SO4D02'W wvw,co.weld eo.us
400 . 7' S89D43' E 50 ' SB2D22'E 161 . 7'
NOD15'W 203 . 1' N89D43 'W 210 . 2 '
OWNER: DIAMONDSH
SOD15' E TO A
•
AMROCK STATIONS INC #641
COLORADO •
DIAMOND SHAMROCK STATIONS INC #641 • LOG 817
ATTN AD VALOREM TAX DEPT PARCEL 095913300008
P 0 BOX 690110 • ACCOUNT R2396786
SAN ANTONIO, TX 78269-0110 YEAR 2006
Tax Rep: PHILLIPS & AKERS
•
•
The appraised value of property Is based on the appropriate consideration of the approaches to value required by law. T'hc Assessor has determined that
your property should be included in the following caregory(ies):
Commercial property is valued by considering - the cost, market,
and income approaches.
•
If your concern is rise amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)bold budget
bearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings.
The Assessor has carefully srudled all available information,giving particular attention to the specitcs included on your protest,and has determined the
valuation(s)assigned to your property. Thc reasons for this determination of value are:
We have reviewed your property value and feel it is correct . Law requires that
all of 2003 and the first 6 months of 2004 data be used to establish current
values. We have considered all (3) three approaches to value in arriving at
your current valuation. We have denied your appeal based upon our research of
this data . .
•
PETITIONER•S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE •
OF VALUE ACTUAL VALUE ACTUAL VALUE
• PRIOR TO REVIEW AFTER REVIEW
•
COMMERCIAL. 550000 550000
•
•
•
TOTALS S s 550000 s 55OOOO
•
APPEAL DEADLINES: REAL PROPERTY-JULY 15,PERSONAL PROPERTY-JULY 20.
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(I)(a),C.R.S. Please see the back of this form far detailed information on riling your appeal.
O7/12/2OO6
By: Stanley F. Sessions
w ELD COUNTY ASSESSOR DATE
ADDITIONAL L\`FORMATION ON REVERSE SIDE
ra IO.nmo
2006-2052
YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION
The County Board of Equalization will sit to hear appeals,beginning July 1 and continuing through August 5 for real
property(land and b'ui;'lirgs) and personal property(ftimishings, machinery, and equipment). § 39-8-104 and § 39-
8-107(2), C.R.S.
RIVEIdergigrOizlit
If you choose to appeal the Assessor' s decision, mail or deliver one copy of this completed form to the County
Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED
ON OR BEFORE IDLY 17 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY.
WELD COUNTY BOARD OF EQUALIZATION
- 915 10th Street, P.O. Box 758
Greeley, Colorado 80632
��'��ya��y $,y�� Telephone (970)356-4000 Ext. 4225
./4101084
You will be notified of'the time and place set for the hearing of your appeal.
The County Board of Equalization must make a decision on your appeal and mail you a determination within five
business days of that decision. The County Board must conclude its hearings and render decisions by August 5.
if you are not satisfied with the County Board ofEqualization' s decision you must file within thirty days of the
County Board of Equalization's written decision with ONE of the following:
Board of Assessment Appeals (BAA):
Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303)866-5880.
www.dola.col orado.govfbaa
District Court:
• 9th Avenue and 9th Street, P.O. Box C
Greeley, Colorado 80632
Telephone(970) 356-4000, Ext. 4520
Arbitration:
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (970) 356-4000, Ext. 4225
If you do not receive a determination from the County Board of Equalization, you must file an appeal with the Board
of Assessment Appeals by September 11.
TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY
APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF
OF MAILING.
PETITION TO THE COUNTY BOARD OF EQUALIZATION
In the space below, please explain why you disagree with the Assessor' s valuation. N ACCORDANCE WITH §
39-8-106(1.5), C R.S , IF YOUR APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR
OPINION OF VALUE N TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as
necessary. In support of the Petition to the County Board of Equalization of the denial by the County Tax Assessor of the Written
letter of Objection and Protest;the Written Letter of Objection and Protest is submitted to the County Tax Assessor and
hereby adopted as the basis for the appeal to the County Board of Equalization. Petitioner requests that the County
Board of Equalization examine this information and render its decision based upon the written information submitted in
support of Petitioners' proposed valuations. Petitioners reserve the right to submit additional documents prior to the
hearing. Petitioner's Estimate of Value is$357,588.
�z �/
,!,u OF '
S�LnAi uE ,.P)v�)~— ft
- DA.11
Weld County
STANLEY F. SESSIONS COUNTY ASSESSOR
CHRISTOPHER WOODRUFF, DEPUTY ASSESSOR
APPRAISAL REPORT
OF
COMMERCIAL PROPERTY
FOR
County Board of Equalization
DIAMOND SHAMROCK STATIONS INC #641
PETITIONER
vs.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Parcel Number: 0959-13-3-00-008
Schedule Number: R2396786
Log Number: 817
Date: August 1, 2006
Time: 10:30 AM
Board: CBOE
PREPARED BY
STAN JANTZ
Signature Date
Signature Date
ASSESSOR'S OFFICE STAFF APPRAISER
Page 1
SALIENT FACTS AND CONCLUSIONS
Purpose of Appraisal To determine Market Value as of 1/1/06 based on an
appraisal date of 6/30/04.
Property Rights Appraised Unencumbered fee simple interest.
Location 2720 35 AV
GREELEY
Land Area 39852 Square Feet
Zoning
Property Type Commercial
1— Convenience Store
Year Built 1983
Year Remodeled
Quality Good
Class Masonry
Number of Stories 1
Improvement Sq. Ft. 1155
Basement Unfinished Sq. Ft.
Basement Finished Sq. Ft.
Value Indications:
Land $318,816
Cost Approach $552,414
Market Approach $550,000
Income Approach $312,000
Assessor's Value $550,000
Page 2
SUBJECT PROPERTY
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Page 3
LAND VALUE
The comparative sales approach is the most reliable method of land valuation. Pursuant to 39-104-
(10.2) (c) C. R. S., the Assessor may utilize sales from July 1999 through June of 2004 to establish
the proper value, if sufficient information is not available in the prior 18 months. Also, comparables
outside the subject property area may be used. The Weld County Assessor has an established
ongoing sales confirmation and validation program for property transactions used in developing value.
The land size of the subject is 39,852 square feet. Comparable commercial land in the subject area is
valued at $8.00 Per SF per square foot.
Address Sale Date Sale Price Land Size Per Sq Ft
Comparable 1 New Frontier Bank 01/10/02 $728,000 78,399 $9.29
2529 35th Avenue
Greeley
Comparable 2 Wendy's 10/10/03 $655,000 47,206 13.88
4644 Centerplace Drive
Greeley
Comparable 3 Eckerds Drug 05/30/03 $900,000 70,185 12.82
3650 35th Avenue
Evans
ASSESSOR'S LAND VALUE
$8.00 Per Sq Ft X 39,852 SF = $318,816
Page 4
COST APPROACH SUMMARY
The Assessor is currently using Marshall and Swift cost tables for the cost approach of commercial
properties in Weld County, which has been approved by the Division of Property Taxation to be
utilized by Colorado Assessors.
The structure has been classified properly utilizing the Marshall and Swift Valuation service and an
appropriate value assigned. A land value has likewise been established through the utilization of
vacant land sales of comparable properties.
Improvement Value 233,598
Land Value 318,816
TOTAL VALUE BY THE COST APPROACH
552,414
Page 5
MARKET APPROACH
Comparable #1
MINE; illOP
Com•arable #2
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Comparable #3
•
•
•
AI
Page 6
MARKET APPROACH
COMPARATIVE CONVENIENCE STORE SALES
SALE# Subject 1 2 3
Comments
Parcel # '095913300008 '095910227006 96107123011 95901323002
Address 2720 35 Avenue 1005 54 Avenue 1105 16th Street 2803 W 10th St
Greeley Greeley Greeley Greeley
Grantor ARM Petroleum Co. 16 St Total LLC Metro Gas
Grantee James Dollar Choi Byong Khanq Phat
Sale Date 12/27/2001 8/3/2004 6/29/2004
Sale Price $1,700,000 $900,000 1,200,000
Deduct Per.
Property -$38,297 -$40,332 -$19,600
Location Adj. +$340,000 +360,000 +126,000
Adj. Sale Price $2,001,703 $1,219,668 $1,306,400
Land Size 39,852 48,168 17,901 17,810
L/B Ratio 34.50 13.45 5.11 6.60
Bldg SF 1155 3,580 3,503 2,700
Year BIt 1983 1997 1966 1,987
Use Convenience Store Convenience Store Convenience Store Convenience Store
Price/PSF $476.19 $559.13 $348.18 $483.85
MARKET CALCULATIONS
Subject 1,155 Sq Ft Times $476.19 = $550,000
Page 7
INCOME APPROACH
COMPARABLE CONVENIENCE STORE LEASES
1600 S.LEMAY $22.55 NNN
7-11 FORT COLLINS
1113 W DRAKE RD $18.11 NNN
DIAMOND SHAMROCK FORT COLLINS
4695 W 20TH ST $22.78 NNN
CONVENIENCE PLUS GREELEY
INCOME CAPITALIZATION
Parcel : 095913300008
Name: Diamond Shamrock Stations Inc
2720 35th Avenue,
Address: Greeley
No of
Bldg Sq Ft Use Units
Convenience
1,155 Store
Annual
Subject Rents Annual Rent per Gross
Area Rent PSF Month Income
Main Floor 1,155 $22.75 $2,190 $26,276
Less Expenses
Management 3% -$788
Reserves 2% -$526
Net Income $24,962
Cap Rate 8% $312,025
Income Value $312,000
Page 8
FINAL RECONCILIATION
COST APPROACH MARKET APPROACH INCOME APPROACH
$552,414 $550,000 $312,000
ASSESSOR'S VALUE
$550,000
Page 9
PHILLIPS & AKERS DOUGLAS M.WALLA
-SHAREHOLDERS- LYNNE JUREK SHANNON
KELLY A.DEMPSEY ATTORNEYS AT LAW TERRYM ARSS APROF PROFESSIONAL CORPORATION
NEAL D.KIEVAL
TERRY M. ADLJIG -ASSOCIATES-
-DIRECTORS- 3200 PHOENIX TOWER ARMANW S.CHIU
CHARLES V.GONZAIES
DAVID B.EVNARDS 3200 SOUTHWEST FREEWAY MEGAN WHITLOCK-KANISS
JANET M.FORD AUDREY W.LON'ETH
EVELYNAILTS ERRI HOUSTON, TEXAS 77027-7523 MARJORIE C.NICOL
CHRISTOPHER C.ROSAS
EVELYN AILTS DERRINGTON
JAMES P.MCINERNY (713)552-9595
FAX (713)552-0231
www.PhillipsAkers.com
July 14, 2006
Via Certified Mail,RRR No. 7002 3150 0004 5695 4942 - •
Weld County Board of Equalization
915 10th Street, P.O. Box 758 •
Greeley, Colorado 80632
Re: 2006 Letters of Protest and Objections (RE); Petitions to Weld County
Board of Equalization.
Dear Sir or Madam:
Pursuant to C.R.S. § 39-8-106, we hereby submit the enclosed Petitions to the
County Board of Equalization appealing the decisions of the County Tax Assessor
regarding the Written Letters of Objections and Protests submitted by Petitioners, copies
of which are enclosed to support this appeal.
Petitioners request that all hearings before the County Board of Equalization be
scheduled in a single time block in order to reduce the amount of time which must be
expended by the Board and by this firm in regard to such hearings.
In the event the Board of Equalization does not grant, in whole or in part, the
appeal from the County Tax Assessor's denial for the property for which the appeal is
being made, please note in your records that copies of denials should be mailed to the
undersigned.
Best Regards,
PHILLIPS & AKERS, P.C.
Christop er C. Rosas
CCR
8622.0005
Enclosure(s)
6 WI Ad Valorem Tax
ENERGYCORPORATION
Weld County Assessor
Re: Written Letter of Objection.andProtest.
Dear County Assessor:
Pursuant to the provisions of Colorado Revised Statute § 39-5-122, objection and protest is
hereby made;of the:determinations'for 2006 property taxes of the actual value and;the assessed value for
the real and personal property described.ea.follows.(the"Property")
Property Address: See Attached
Legal Description: See Attached
Schedule No.: See Attached
The determination of the actual value of the.Property by the Assessor is erroneous and otherwise
improper because it does not accurately reflect the actual value of the.Property for property tax purposes
as required by the provisions of C.R.S.§ 39-1-103 and§ 39-1-104,as amended.
The actual value of the Propertyshauld be reduced from the Assessor's actual value of$ See
Attached to the correct actual value ofibe Property as of July 1,2005,which is$ See
Attached as determined by the factors described in § 39-1-101 and § 39-1-103, as
amended.
Dated May 1 ,2006.
PROPERTY OWNER:
See Attached
By , AM riAsliAdel
A d Representative
John Armada
Property Tax Compliance Manager
210-345-2297
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CLERK TO THE BOARD
PHONE (970) 3564000 EXT 4226
FAX: (97(970) 35252-0242
WEBSITE: www.co.weld.co.us
'I915 10TH STREET
IP.O. BOX 758
C• GREELEY, COLORADO 80632
COLORADO
July 21, 2006
DIAMOND SHAMROCK STATIONS INC#641
ATTN AD VALOREM TAX DEPT
P O BOX 690110
SAN ANTONIO TX 78269-0110
Parcel No.: 095913300008 Account No.: R2396786
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 1, 2006, at or about the hour of
10:20 AM,to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Department of Planning Services, Conference Room, 918 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 August4, 2006, and
mailed to you on or before August 11, 2006.
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,atwhich time the Assessor will make the data available within three(3)
working days, subject to any confidentiality requirements.
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.
DIAMOND SHAMROCK STATIONS INC #641 - R2396786
Page 2
Very truly yours,
BOARD OF EQUALIZATION
Lu%WL4
Donald D. Warden
Clerk to the Board
cc: Stanley Sessions, Assessor
PHILLIPS & AKERS
3400 PHOENIX TOWER
3200 SOUTHWEST FREEWAY
HOUSTON TX 77027-7523
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