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HomeMy WebLinkAbout20062051.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 C/O AD VALOREM TAX DEPT P O BOX 690110 SAN ANTONIO, TX 78269-0110 DESCRIPTION OF PROPERTY: ACCOUNT#: R4060986 PARCEL#: 096131416003- LAS 11582 L23 THRU 28 BLK2 %100 2 ST% 113 N 2 ST LASALLE 80645 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 $ 152,030 Improvements OR Personal Property 202,400 TOTAL $ 354,430 2006-2051 AS0064 r� : A -Si Ui-, .6�T , 7 a5'-ovoh RE: BOE - DIAMOND SHAMROCK STATIONS INC 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. 2006-2051 AS0064 RE: BOE - DIAMOND SHAMROCK STATIONS INC 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 COU COMMISSIONERS ELA, WEL UN OLORADO ATTEST: 1441/ I I 0`CV M Geile, Chair Weld County Clerk tot B.: !.;.�� �� ^r ♦r. 'w L I` ���J��i�l ,�• � `` David E. Long, Pro-Tem BY: Deputy Clerk t he Board EXCUSED Will' a APPROVED AS TO FORM: Robert D. Masc,n As ant Co ty Attorney ,(L/ . ,Q(;,tv Glenn Vag Date of signature: ��/�!h 2006-2051 AS0064 NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. LAS 11132 2 TLAS•L BLK2 %100 2 GREELEY,CO 3650 STS 113 N 2 ST LASALLE 80645 PHONE 353-3845, oideoe0 v,ww.eo vold.co.us • • OWNER: DIAMOND SHAMROCK STATIONS INC COLORADO • DIAMOND SHAMROCK STATIONS INC LOG 818 C/O AD VALOREM TAX DEPT PARCEL 096131416003 P 0 BOX 690110 ACCOUNT R4060986 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. The Assessor has determined that your property should be included in the following category(ies): • Commercial property is valued by considering the cost, market, and income approaches . If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget hearings 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 bearings. The Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest,and has determined the valuation(s)assigned to your property The 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 tour current valuation. We have denied your appeal based upon our research of his data . PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE • • PRIOR TO REVIEW AFTER REVIEW COMMERCIAL 354430 354430 • • • TOTALS S g 354'430 s 354430 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(1)(x),C.R.S. Please see the back of this form for detailed information on filing your appeal. 07/12/2006 By: Stanley F. Sessions WELD COUNTY ASSESSOR DATE ADDITIONAL EN-FORMATION ON REVERSE SIDE .•br0747/01 2006-2051 YOU HAVE THE RIGHT TO APPEAL TILE 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 buildings) and personal property(furnishings, machinery, and equipment). § 39-8-104 and § 39- 8-107(2), C.R.S i ll≥ 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 JULY :7 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970)356-4000 Ext. 4225 You will be notified of the time and place set for the hearing of your appeal. .K l .fi'dr';tnll2J r.i.v.IE v 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 of Equalization'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.colorado.gov/baa 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 V ALLE 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$319,003. s1LNA I JR�Or- lit.IT.L)\T9,,t ?, A ic (7DIc Weld County Assessors Office STAN SESSIONS COUNTY ASSESSOR CHRIS WOODRUFF DEPUTY ASSESSOR APPRAISAL REPORT OF COMMERCIAL PROPERTY FOR County Board of Equalization DIAMOND SHAMROCK STATIONS INC PETITIONER vs. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 0961-31-4-16-003 Schedule Number: R4060986 Log Number: 818 Date: 08/01/2006 Time: 10:30 AM Board: CBOE PREPARED BY CHUCK JACK 07/26/2006 Signature Date ASSESSOR'S OFFICE STAFF APPRAISER CBOE_COMM_010998 Page 1 SALIENT FACTS AND CONCLUSIONS Purpose of Appraisal To determine Market Value as of 1/1/06 based on an appraisal date of 6/30/2004. Property Rights Appraised Unencumbered fee simple interest. Location 113 N 2 ST LASALLE Land Area 30,400 Square Feet Zoning Property Type Commercial 1— Convenience Store 1— Car Wash - Drive thru Year Built 1988 Year Remodeled 0 Quality Average Class Masonry Number of Stories 1 Convenience Store Sq. Ft. 1,656 Car Wash One drive through bay; 785 sq. ft. Value Indications: Land $152,030 Cost Approach $410,585 Market Approach $414,000 Income Approach $434,900 Assessor's Value $354,430 CBOE_COMM_010998 Page 2 SUBJECT PROPERTY PHOTOS Bldg # 1 } • Gn amro� 3 fy , -a z , ' - - _ s _n_ji.:. 6x r - - a- - T Y t e •`}+,&vtfj,., f tf'.Rt T+'P.•.y1' `s. e, �q J,",. - row i -r I _ — .. ill CBOE_COMM_010998 Page 3 SUBJECT PROPERTY PHOTOS BLDG #2 (Car Wash) • y v. a-: C w j t 00441 40% v .x: a'V 1 l ' CBOE_COMM_010998 Page 4 Subject Sketch 44.0' „p Cony.Store C 8x2710k Gal Tank Bldg 12 iiso BIt1988 Ir 22.0' Class C9' I 8x2710k Gal Tank WH 37.5' , Package Air CAR WASH First Floor 1650.0 Ipw4w Sae 8 x27 10k Gal Tank di 19118 1000 35.7' Space Heat ras o sa.a. Conc.Slab 875.0 Conn Sae 320 79.0' Canopy (3) dispenser islands ' o 2334.0 g Sketch by Apex W indows•a CBOE_COMM_010998 Page 5 COST APPROACH LAND VALUE Sales utilized to establish the value in the subject neighborhood are 2003 and 2004 market for the 2006 assessment date. 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 the current market 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 corner lot is 30,400 square feet. The subject area is valued at $5.00 per square foot. If no vacant land sales were available in this area, we utilized the abstraction/allocation method to establish land value. Parcel Number Sale Date Sale Price Land Size Per Sq Ft Comparable 1 096131411012 12/30/99 $70,000 17,104 $4.09 Interior Lot - Lasalle Comparable 2 105911134016 03/15/04 $49,000 9,375 $5.23 Interior Lot - Milliken Comparable 3 105911138012 02/05/02 210,000 26,828 $7.83 Interior Lot- Milliken Range of Comps : $4.09 - $7.83 Avg of Comps: $5.71 Median of Comps: $5.23 • The adjacent corner lot to the subject lot(parcel 096131417014) sold outside the base year period on 11/21/2005 for an adjusted sales price of$9.25 psf. ASSESSOR'S INDICATED SUBJECT LAND VALUE $152,030 CBOE_COMM_010998 Page 6 Cost Approach Convenience Store PARCEL NUMBER 96131416003 PROPERTY OWNER Diamond Shamrock Stations Inc ADRESS 113 N 2nd Street CITY, STATE, ZIP Lasalle, Co DATE OF SURVEY 06/30/04 OCCUPANCY: Convenience Store NUMBER OF STORIES 1 AVERAGE STORY FLOOR AREA (SQ. FT.) 1,656 HEIGHT 9 CLASS: Masonry YEAR BUILT 1988 COST RANK Good EFFECTIVE AGE 1995 HEATING AND COOLING Package Air ESTIMATED LIFE 40 UNITS COST TOTAL RCN BASIC STRUCTURE COST 1,656 $73.83 $122,262 EXTRAS: Concrete Slab 20,100 2.36 47,436 Canopy 2,334 13.25 30,925 TOTAL RCN $200,623 LESS DEPRECIATION 0.11 $22,068 DEPRECIATED COST $178,555 ADD IN CAR WASH 1 bay drive through 80,000 ADD IN LAND VALUE 152,030 TOTAL VALUE $410,585 PSF Value $247.94 CBOE_COMM_010998 Page 7 MARKET APPROACH SUMMARY Real Property for the tax year 2006 must be valued utilizing data for the period one and one-half years immediately prior to July 1, 2004. If comparable valuation data is not available from such one and one-half year period to adequately determine the level of value for a class of property, the period of five years immediately prior to July 1, 2004 shall be utilized to determine the level of value. The Assessor has appropriately considered the Market Approach to value for the property on appeal. The Sales Comparison Approach was considered in developing a market value for the Subject. Sales used to establish a market value for the tax year 2006 are from January 1, 2003 through June 30, 2004. Pursuant to 39-1-104 (10.2)(c) C. R. S., the Assessor may utilize sales five years prior to July 1, 2004 to establish the proper value. All sales have been confirmed and verified through transfer declarations as well as interviews with buyers, sellers or their representatives to the sale. All sales used are arm's length transactions, and considered to be the most comparable properties sold in relationship to the Subject property. Based upon investigation and analysis, it is the opinion of the appraisers that the value of $270.00 accurately reflects the market value of the subject property. VALUE As INDICATED BY THE MARKET APPROACH $414,000 CBOE_COMM_010998 Page 8 COMPARATIVE SALES APPROACH SALE# Subject 1 2 3 Comments Parcel # 96131416003 96105214002 96107123011 95901323002 Address 113 N 2 Street, 120 N. 8 Ave 1105 16th Street 2803 W 10th St Lasalle North Greeley Greeley Greeley Grantor SDS Enterprises 16 St Total LLC Metro Gas Grantee Sohini Corp Choi Byong Khang Phat Sale Date 12/20/2001 8/3/2004 6/29/2004 Sale Price $450,000 $900,000 1,200,000 Deduct PP -78,285 -40,332 -19,600 Location Adj (traffic count) Similar -63,000 -396,000 Adj. Sales Assessor's Value Price $354,430 $371,715 $796,668 $784,400 Land Size 30,400 15,545 17,901 17,810 L/B Ratio 12.45 12.95 5.11 6.60 Bldg SF 1,656 1,200 3,503 2,700 Year Blt 1988 1966 1966 1987 Use Convenience Store Convenience Store Convenience Store Convenience Store Assessor's Value Price/PSF $214.03 $309,76 $227.42 $290.52 Comps Avg: $275.90 Comps Median: $290.52 Comps Range: $227.42 -$309.76 Estimated Value per the Sales Approach: $414,000 OR $250.00 PSF CBOE_COMM_010998 Page 9 2a d' Mikity Land �` s r 1' „MNNO Nky 155950SF I,ir s`i e ssooa x Ii Me/To be vacatedTd II illfiB 0' 1xv 7 1 4CIB995�'Mllg1y9a8 Remo 199/ _ _ c u m u r I I' •P F 1 CSrvP 31A 5 mimeo'12000SF 500' ••. ...alrill-` .•, 145' Camp 1152x9 m 310''Lose O 30nde,'grdknks asp 34051 Oisp 100 O 1930' sunp m.rvww„' waxy 45imsag.40 COMPARABLE SALE #1 COUNTY: WELD ACCOUNT R2787486 PARCEL NUMBER: 096105214002 PRIMARY OCC: Convenience Store PERCENT: 100% SECONDARY OCC: PERCENT: ADDRESS: 120 8 AV, GREELEY RECEPT NUMBER: 2912600 SALE DATE: 12/20/2001 GRANTOR: SDS ENTERPRISES LTD SALE PRICE: $450,000 GRANTEE: SOHINI CORPORATION ADJ SALE PRICE: $371,715 YEAR BUILT: 1966 CLASS: S EFFECTIVE AGE: LAND/BLDG RATIO: 12.95 LAND SIZE(SF): 15,545 LAND VALUE: $18,654 BLDG SIZE(SF): 1,200 IMPS PRICE/SF: $296.96 WALL HEIGHT: 10 SALE PRICE/SF: $309.76 STORIES: I INTEREST RATE: 7.75% BSMNT SIZE: DOWN PYMT: $112,500 BSMNT FINISH: LOAN TERM(YRS): ZONING: GRE IM POINTS PAID: QUALITY: Average COMMENTS: Adjusted sales price for pumping equipment&fixtures. C-Store YOC 1966 in North Greeley.New pumps 2- 2 hose dispensers,tanks 3-10,000 gallon under'grd,canopy 24'x 48',paving,and store interior in 1997. Annual gallonage 637,346,GIM.588 CBOE_COMM_010998 Page 10 iftI 1 y r 'Mc r COMPARABLE SALE #2 COUNTY: WELD ACCOUNT NUMBER: R3077686 PARCEL NUMBER: 096107123011 PRIMARY OCC: Convenience Store PERCENT: 66% SECONDARY OCC: Car Wash-Automatic PERCENT: 34% ADDRESS: 1105 16 ST, GREELEY RECEPT NUMBER: 3206645 SALE DATE: 8/3/2004 GRANTOR: 16 ST TOTAL LLC SALE PRICE: $900,000 GRANTEE: CHOI BYONG D ADJ SALE PRICE: $859,668 YEAR BUILT: 1961 & 1996 CLASS: C EFFECTIVE AGE: LAND/BLDG RATIO: 5.11 LAND SIZE(SF): 17,901 LAND VALUE: $71,604 BLDG SIZE(SF): 3,503 IMPS PRICE/SF: $222.11 WALL HEIGHT: 14 SALE PRICE/SF: $245.41 STORIES: 1 INTEREST RATE: BSMNT SIZE: DOWN PYMT: BSMNT FINISH: LOAN TERM(YRS): ZONING: GRE CH POINTS PAID: QUALITY: Average COMMENTS:Adjusted sale for F F&E&pumping equipment. The subject C-Store is 2,314 S.F.with a Canopy 1,760 S.F., 1-12,000 gal.tank& 1-6,000 gal.tank,3-2 hose 3 product gas dispensers.Two bay car wash 1,189 S.F.,one automatic drive-thru&one wand bay. CBOE_COMM_010998 Page 11 ;- 61.5' ₹ Qx-. a CCM'Ba Skis �'""f q, ( R51 Floc. 27000 sqt 1].8' BUL119,37 15.0 ROOF MO _ - •. FouRna.16 F3 CANOPY — PM HQS0 EACH 1190sq n. 141 1V l2 0000u — FIB TAWS '-- 260' COMPARABLE SALE #3 —M.N4b.,- COUNTY: WELD ACCOUNT NUMBER: R1753286 PARCEL NUMBER: 095901323002 PRIMARY OCC: Convenience Store PERCENT: 100% SECONDARY OCC: PERCENT: ADDRESS: 2803 W 10 ST, GREELEY RECEPT NUMBER: 3194943 SALE DATE: 6/29/2004 GRANTOR: METRO GAS&CONVENIENCE STORE SALE PRICE: $1,200,000 GRANTEE: KHANG PHAT INC ADJ SALE PRICE: $1,180,400 YEAR BUILT: 1987 CLASS: D EFFECTIVE AGE: LAND/BLDG RATIO: 6.60 LAND SIZE(SF): 17,810 LAND VALUE: $124,599 BLDG SIZE(SF): 2,700 IMPS PRICEISF: $370.83 WALL HEIGHT: 15 SALE PRICE/SF: $437.19 STORIES: I INTEREST RATE: BSMNT SIZE: DOWN PYMT: BSMNT FINISH: LOAN TERM(YRS): ZONING: GRE CH POINTS PAID: QUALITY: Good COMMENTS: ADJUSTED SALE FOR FF&E PER&FOR PUMPING EQUIPMENT(FOUR FUEL DISPENSERS WITH 2-HOSE EACH,TWO 12,000 GAL UNDERGROUND TANKS.) CBOE_COMM_0 10998 Page 12 INCOME APPROACH INCOME WORKSHEET Parcel : 096131416003 Name: Diamond Shamrock Stations Inc Address: 113 N 2nd Street, Lasalle Bldg Sq Ft Use No of Units Cony. 1 ,656 Store 1 Effective Tax Rate Mill Rate Assm't Rate Tax Rate 0.061672 0.29 0.017885 Avg Rent PSF Annual MOS Annual Rent per Gross Area Rent PSF Month Income Main Fir PSF 1,656 $18.00 $2,484 $29,808 EXISMSeS mgmt 3% $850 R/R 2% $566 Net income $17.15 $28,392 Net Income/Overall Cap Rate = Property Value Property Value Value Per Sq Ft Cap Rate + Eff Tax Rate 0.080 0.0000 0.080 $354,900 $214.31 Add Car Wash $80,000 Total Value Estimated Property Value $434,900 $262.62 CBOE COMM 010998 Page 13 LEASE COMPARABLES 1600 S.LEMAY $22.55 NNN 7-11 FORT COLLINS 1113W DRAKE RD $18.11 NNN DIAMOND SHAMROCK FORT COLLINS 4695 W 20TH ST $22.78 NNN CONVENIENCE PLUS GREELEY COMPS AVG: $21 .15 COMPS MEDIAN: $22.55 CBOE_COMM_010998 Page 14 INCOME APPROACH SUMMARY The Weld County Assessor has appropriately considered the Income Approach to value for the Subject property on appeal. The Assessor has gathered income information from local commercial properties for the time frame of January 1, 2003 through June 30, 2004. This information, combined with statewide and industry-wide data, is used to determine typical income and expenses for various property types. In conclusion of the Income Approach, the Assessor has considered both groups of data and has put more emphasis on the local factors and data than the state and national data. This information was then applied to the subject property to arrive at an appropriate Income Approach Value. TOTAL INCOME VALUE FOR THE SUBJECT PROPERTY $434,900 CBOE_COMM_010998 Page 15 FINAL RECONCILIATION After consideration of the cost, market and income approaches, it is the Weld County Assessor's opinion that the value of$354,430 , most accurately reflects the value of the subject property in Weld County for the 2006 tax year. COST APPROACH MARKET INCOME APPROACH APPROACH $410,585 $414,000 $434,900 ASSESSOR'S VALUE Improvements 202,400 Land 152,030 $354,430 Total: CBOE_COMM_010998 Page 16 APPRAISAL STANDARDS AND ETHICS CERTIFICATION I certify to the best of my knowledge and belief that: The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and is my personal unbiased professional analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My compensation is not contingent on an action or event resulting from the opinion or conclusions in, or the use of, this report. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. No one provided significant professional assistance to the person signing this report. I have made a personal inspection of the property that is the subject of this report. Chuck Jack Commercial Appraiser Colorado Certified General Appraiser CG01316803 CBOE_COMM_010998 Page 17 -SHAREHOLDERS- PHILLIPS 8z AKERS DOUGLAS M.WALLA LYNNE JUREK SHANNON MICHAEL PHILLIPS ATTORNEYS AT LAW KELLY A.DEMPSEY CROCK C.AKERS A PROFESSIONAL CORPORATION NEAL D.KIEVAL TERRY M.WOMAC CHRISTLANA DIJKMAN -ASSOCIATES- -DIRECTORS- 3200 PHOENIX TOWER MICHELLE OHELVAM ARMANDO S.OHIU DAVID a EDWARDS 3200 SOUTHWEST FREEWAY MEAANWHiTGONZALES S LYNNE M.FORD JANET G.TOWNSLEY AUDREY W . H C NICOL AILTSOERRINGTON HOUSTON, TEXAS 77027-7523 MARJORIE .NICOL JAMES P.McINERNY CHRISTOPHER C.ROSAS (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) 41 VALERO Ad Valorem Tax 7,4. ENERGY CORPORATION Weld County Assessor Re: Written Letter of Objection and Protest. Dear County Assessor: Pursuant to the provisions of Colorado Revised Statute § 39-5-122, objection and protest is hereby made of the determination for 2006 property taxes of the actual value and the assessed value for the real and personal property described as 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 Property should be reduced from the Assessor's actual value of$ See Attached to the correct actual value of the 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: �A!1y (�{AAAula Auth&ized Representative John Aranda Property Tax Compliance Manager 210-345-2297 mml oIaL d`o 3 L o to p N AI K aC � W M Ts a a 1 W Q 0_. 0 f oQ N 0 Q b_ OtO Q' d N CO Q y N N 0 U Z IS E E t L SILL) iE In INS N v H❑ • , o• C O O o NON ❑en"❑_ y7 S • 0 0 b U O, �I N • M ^' e m ml w 0I 01 v e to ▪ co co m co 01 1(2 O co 0 co N Q jU Co N IO ' 0 o', 82 7 N N N "'SN U1 d 3 W❑Nm N d oIE 3 N' CIO aao E N' 'F C Q w N N ✓ Y N Co Q� a COW O y O01 N'4 m J N - N W t ae O O N F D 2'3 J J d m N a C g''. N...rl C a d U' Q CO J w❑ O o wl W N 0 5 O LU w w w,3, En' NN C > W Z Q Q N w r K' Z O of Z ❑ N. 10 r N O N • a a a 3; 3i 3 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 C. GREELEY, COLORADO 80632 COLORADO July 21, 2006 DIAMOND SHAMROCK STATIONS INC CIO AD VALOREM TAX DEPT PO BOX 690110 SAN ANTONIO TX 78269-0110 Parcel No.: 096131416003 Account No.: R4060986 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 - R4060986 Page 2 Very truly yours, BOARD OF EQUALIZATION Lael41 Donald D. Warden Clerk to the Board cc: Stanley Sessions, Assessor PHILLIPS & AKERS 3400 PHOENIX TOWER 3200 SOUTHWEST FREEWAY HOUSTON TX 77027-7523 Hello