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HomeMy WebLinkAbout20062094 RESOLUTION RE: APPROVE IN PART PETITION FOR ABATEMENT OR REFUND OFTAXES- SUPER AMERICA, LLC 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 2nd day of August,2006,at which meeting there were present the following members: Chair M. J. Geile, and Commissioners David E. Long, Robert D. Masden, and Glenn Vaad, with Commissioner William H. Jerke being excused, and WHEREAS,notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, and said Assessor, Stan Sessions, being represented by Mike Sampson, and taxpayer Super America, LLC, not being present or represented, and WHEREAS,the Board of County Commissioners have carefully considered the attached petition, and are 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, approved in part, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $23,791.00 $1,391.00 2005 2006-2094 �,_ AS0063 (r �fS,? / Opt-i5-04 TAX ABATEMENT PETITION - SUPER AMERICA, LLC PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 2nd day of August, A.D., 2006. A_ BOARD OF C UNTY COMMISSIONERS < WELD CO , COLORADO ATTEST: fart, -• Weld County Clerk to the c.; � 0DIC41 WW1 David E. Long, Pro-Tem BY: )1/"x.6 1C Dep Clerk the Board EXCUSED William Jerke APP D AS T • _ Robert D. Masde County orney ai4 Glenn Vaad Date of signature: Ril-7/0(-9 2006-2094 AS0063 PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. County Name Weld Date Received -;?c'r /63 Use Assessor's or Commissioners'Date Stamp PETITIONER:Complete Section I on this side only ! Section I: Date: March 8, 2006 MAR 0 9 2006 Month Day Year WELD COUNTY ASSESSOR Petitioner's Name: Super America LLC Greeley, Colorado Petitioner's mailing address: 7990 N Federal Blvd. Westminster, CO 80030 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R4908186 300 Justin Ave Platteville Lots 18-20 Blk 50 Platteville Petitioner states that the taxes assessed against the above property for property tax year(s) 2005 are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect value or tax. (The petitioner's estimate of actual value must be included.) Attach additional sheets if necessary. Overvaluation of convenience store use commercial property located in Platteville. County records show that this property sold in June of 2004 for$900,000. This transaction was part of a larger$9,000,000 sale which included several convenience stores across the state. The$900,000 sale amount was arbitrarily allocated by the seller for deed purposes. The sale also included some personal property and goodwill. We have attached base period convenience store sales for your review. We respectfully request that the 2005 actual value be adjusted from $850,039 to $720,000 based on this information. Petitioner's estimate of actual value$ 720,000 (2005)and $ (� Value Year Value Year Petitioner requests an abatement or refund of the appropriate taxes associated with a reduction in value. I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been examined by me, and to the best of my knowledge, information and belief, is true, correct and complete. Daytime Phone Number f ) Petitioner' Signature P.O.Box 260408 /) Littleton,CO 80163 By ( • Al Daytime Phone Number( ) 303-649-9550 David MeissneNent's Signature' *Letter of agency must be attached when petition is submitted. Every petition for abatement or refund filed pursuant to section 39-10-114, C.R.S., 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 II: Assessor's Use Only Tax Year-200.5 Tax Year Assessed l�/ Value Tax Assessed Value Tax Original w2/b�7// 49/gy/i Corrected ZZZ)72a 7__/ _cal Abate/Refund ,12-3/77/ fl ?9/ ._ • -- • (FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY) RESOLUTION OF COUNTY COMMISSIONERS Resolution No. Section I: In accordance with 39-1-113(1.5), C.R.S., the commissioners of County authorize t eiTe assessor 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. The assessor and petitioner mutually agree to an assessed value and tax abatement/refund of: Tax Year Tax Year Assessed Value Tax Assessed Value Tax Original Corrected Abate/Refund PLEASE 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 YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date If Section I is not complete and/or if petition is for more than $1,000, Section II must be completed. Submit an . original petition and a copy to the Division of Property Taxation. l Section II: Assessors recommendation: nj / tf�a ❑ Approved or Approved i part$ 961,i� (ne o protest file In or If a protest was Ned, please attach a cppy of NOD. t�' ❑ Denied for the following reason(s): Sr i 9e mMtj t C IIPPrzrt/,4L /N p, t-r /tTK ,9Li Fu %at iov LeST,4T[u-, ati 7-A e 6-ewergt /),,,,efieT.m44 ?dim ,wafter e /AS 2D ei4-T a -e/ C'c— C4*-A fe s awe in 4c%L xi- eAatt,v 0. sso s or epu se s gn u Section III: WHEREA , 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 mo day yr members: 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 presen(, 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/denied)and an abatement/refund be(approved/denied)for property tax year(s) and . The taxes to be abated/refunded for property tax year are$ which represents an assessed value of$ and the taxes to be abated/refunded for property tax year are$ which represents an assessed value of$ Chairperson of the Board of County Commissioners'Signature I, 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 at , this day of Time Date Month Year County Clerk's or Deputy County Clerk's Signature ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver, Colorado, .-----7.---O 6 Dorn Day Year The action • the Board of County Commissioners, relative to the within petition, is hereby vj-moved. r, Approved in part$ ; D Denied for the following reason(s): ii score q�signaa 4 GAUSRV..UaATEWORM Properly Tax tor I tUre .. Colorado, United States, North America o i - =� 125! E 1 \r::-.7.=:3 92. • / 7 ) , _ (. yn ss fd LL:(-4,2- I ) N . - l I Olive iLn--I a M' Cemetery c3 a Grand Ave co ;----1. r-;Platt vu ! - v c is Elizabeth Ave r w?:-- t 1. b---_:_,`,J Mariam t----i [ 1 h> co � �"�Goodnch-Av I I . t a � . ''''----....::\\11-------,..... .\ i,ieTC,�e 3 ,:,,,,.. \ ye as :5, 1 300 Justin A . Platteville Cr ............—______— if , t 85., ` . _. . , . , . c_., . f , , h. • , • . ....,_ ., ,7-----------r---\ _____:-:*** --. \ L..\\ (1 N Madduxa 0 mi 0.2 0.4 0.6 Copyright O 1988-2003 Microsoft Corp.and/or its suppliers.All rights reserved. http:Nwww.mirrosoft.com/streets O Copyright 2002 by Geographic Data Technology,Inc.All rights reserved.O 2102 Navigation Technologies.All rights reserved.This data includes information taken with permission from Canadian authorities O 1991.2002 Government of Canada(Statistics Canada and/or Geomatica Canada},all rights reserved. N- > Si 9 < o in O L 0 O 9 O~ 8 N- 0) 0 O ' 0 NO r Nr CD CNI O 01 S N = CO Co W = rIci o CO n - V n co • G VI CD o N V N O 0 Q 2O N M CD t• _. OOCD 0 M O) 8 M • = O Nco N rn r O r co • C M i N U) j Cr) (� 01 Vi N0 ' _ ✓, U o U a a a o o ea a 'c o Y 0 2 Q m 65 com t co n h el o n 0 0 a 0 in 7 in = 00 pp ` 0 N o n .a9 o IC n t6 n o V M N r N CO N MKi a W C co 1A N o 0 N 0 d t m 0 w a CO o co 0 a o Q N O N 0 rn -a- u) v a _ 1- CD- N N C -) o o 0 0 M d u a 7 to = a N w V r m : d m N 0 a w a L v °' N c o o a u U) 4 a` � _i vi w w a M MEISSNER ASSOCIATES Real Estate &Income Tax Reductions • Brokerage CONSULTANT - EXCLUSIVE AGENCY AGREEMENT Super America LLC PROPERTY OWNER/CLIENT 300 Justin Ave Platteville PROPERTY ADDRESS Weld COUNTY COLORADO R4908186 SCHEDULE NUMBER(S) Client agrees with Meissner Associates that for the real estate assessment year 2005, and for the biennial period 2005 and 2006, for the property referenced above,that Meissner Associates is hereby engaged and authorized to act as exclusive agent and consultant for Client, in the preparation of a real estate assessment petition for the Client to the County Board of Equalization, and if necessary, to the State of Colorado Board of Assessment Appeals. Client hereby authorizes Meissner Associates, as exclusive agent of the Client to execute and cause to be filed on behalf of Client and in the name of Client,any and all documents relating to a petition of the assessments,for the assessment year 2005 and for the remaining year of the biennial period referenced above,to the County Board of Equalization, and if necessary,to the State of Colorado Board of Assessment Appeals. If the services of an attorney at law are required in connection with any petition referenced herein, it is the Client's option and expense to continue the petition by engaging an attorney. Meissner Associates will co-operate with the attorney in the furtherance of the petition. Meissner Associates does not perform the duties or functions of an attorney at law. Any fees payable to Meissner Associates for its services are separate and distinct from any fees payable by the Client to any attorney at law retained by the Client, are strictly contingent on assessment reductions, and are payable according to the terms of the FEE AGREEMENT. This CONSULTANT- EXCLUSIVE AGENCY AGREEMENT terminates upon receipt by Meissner Associates of the final resolution of any petition(s)initiated during the biennial period referenced above. LAO—to-0S Property Owner/Client Date /�/,/" � Date Hay J. Meissner, MelssnerI stiates t hate P.O. Box 260408 • Littleton, CO 80163-0408 • (303) 649-9550 • (970) 819-0960 meissners@comcast.net http://commercialsearch.com/meissner , , . Q CLERK TO THE BOARD PHONE (970) 336-7215, EXT. 4225 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO July 7, 2006 Super America, LLC 7990 North Federal Boulevard Westminster, CO 80030 RE: SCHEDULE NUMBER R4908186 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 300 Justin Avenue, Platteville, Colorado, Lots 18-20 Blk 50. The meeting is scheduled for August 2, 2006, 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 petition in part. 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 Esther Gesick at (970) 336-7215, extension 4226. Sincerelyy,, e l Esther E. Gesick Deputy Clerk to the Board cc: Assessor David Meissner P.O. Box 260408 Littleton, CO 80163-0408 2006-2094 Hello