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Home My WebLink About20041953.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - VISTA RIDGE DEVELOPMENT CORPORATION, C/O TAX PROFILE SERVICES, INC. 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 14th day of July, 2004, at which meeting there were present the following members: Chair Robert D. Masden, and Commissioners M. J. Geile, William H. Jerke, and Glenn Vaad, with Commissioner David E. Long 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 Vista Ridge Development Corp., do Tax Profile Services, Inc., not being present, 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 $ 831,550.00 $109,161.40 2002 eC c'etri-e Si-6 O4I 2004-1953 (P /9-5( ��- AS0057 TAX ABATEMENT PETITION - VISTA RIDGE DEVELOPMENT CORP., C/O TAX PROFILE SERVICES, INC. PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 14th day of July, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WE CO NTY, COLORADO kILL � - „L ✓; Robert D. Masden, Chair tire? rk to the Board William H. J e, Pro-Tern Y: eyi, ety t < to the Board 271 M. J. eile AP AS M: EXCUSED David Long (� my Attor ey rUra_� .�( Glenn Vaad ' �_ Date of signature: S# 2004-1953 AS0057 PETITION FOR ABATEMENT OR REFUND OF TAXES Please submit in duplicate copies and answer all questions. County Name Weld Date Received ,C 2`/`/ Use Assessor's or Commissioners'Date Stamp PETITIONER: Complete Section I on this side only E "EWED Section I: Date: April20, 2004 UN (] 1 2004 Month Day Year WELD COUNTY Petitioner's Name: Vista Ridge Development Corp., c/o Tax Profile Services, Il�eefe ASSESSOR Petitioner's mailing address: 1380 South Santa Fe Drive, 2nd Floor Yr Colorado Denver, CO 80223 City or Town State Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY Please see Attachment A Petitioner states that the taxes assessed against the above property for property tax year 2002 is 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. The subject parcels were valued as a mostly completed golf course using the cost approach. This golf course was built as partial satisfaction of the open space requirement for the subdivision, and its construction was a condition of the annexation agreement by the Town of Erie. The annexation agreement and the community master plan were completed in the year 2000, and are a matter of public record. The golf course was not nearly completed as of January 1, 2002, and construction on the clubhouse was not begun until the end of the year. The valuation of this property in 2003 was reduced from $5,117,400 to $2,250,000 by means of a stipulation with the Weld County Board of Equalization. Therefore, the value of these parcels combined could not possibly exceed the stipulated value for the following year, when the property was substantially more complete. The value should be adjusted for the costs of grass-in and start-up cost of at least $200,000. Petitioner's estimate of actual value$ 2,050,000 f 2602 1 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( Petitioner's Signature By .1.1 Daytime Phone Number( 303 ) 477-450 4 TaS Seigni gI Sng rvces , Inc. '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 q 20612,. Tax Year Assessed Value Tax U Original if h /9'O(0 ill?' /75. 70 Corrected q/ 655/55�D6#90,6 iq.00 ¢Abate/Refund `1 25Q 36 ✓�7o t/o'? 1G. 90 (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 the 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 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 $1,000, Section II must be completed. Submit an original petition and a copy to the Division of Property Taxation. Section II: Asse :. ' - .••r enclitic; Approved or ' .proved in part '• V, 250 06(2 No protest filed . (If a otest as filed, please attach a copy of NOD.) Denied for the foal owing reason(s): 5.. ^_ ee f .,/ z e - L4-A e 7, / 7i' 4 iced io *R Fee A„�///��JJ]] /7fy/ � semi /�/ �A(/v�.21 . ✓P�jo ,AvBwr Ti4, 7` 7{i •e 1/ e Should 6 777 A9 719- n'�/!011999, Asses is or Dep Assessor's Slgnatur u- C�i^C-` Section III: WHEREAS, The County Commiss s o County, State of Colorado, at a duly and lawfully called regular meeting held on / / 2UU at which meeting there were present the following mo day yr members: with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of said County and Assessor (being present/not present)and Name petitioner (being present/not present), and WHEREAS, The said Name County Commissioners have carefully considered the within petition, and are fully advised in relation thereto, NOW BE IT RESOLVED, That the Board (agrees/does not agree)with the recommendation of the assessor and the petition be (approved/denied) and an abatement/refund be (approved/denied)for property tax year The taxes to be abated or refunded are$ 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 jr---71--et Month Day / Year Th - ", of the Board of County Commissioners, relative to the within petition, is hereby • e.; •roved in part$ ; Denied for the following reason(s): n S cre ary's Sign re Property Administrator's Signature G:\USR\...V\BATEWO EVI-2000 \/i5 _APIGS May 30, 2003 P2EVlO0SC-`I S06MtTT-E Mr. Stanley F. Sessions Weld County Assessor 1400 N. 17th Avenue Greeley, CO. 80631 Re: Appeal of Real Property Values Tax Year: 2003 Tax Area: 2646 Parcel No: 146732402052 and 146732402058 Account No: R1388502 and R1389102 Dear Mr. Sessions: We are appealing the proposed real property tax valuations identified above. Here is a description of the property and a discussion of our reasons for appealing this valuation. Description of Property The real property is the Vista Ridge Golf Course, which is a partially completed 18 hole golf course and clubhouse located in Erie, Colorado. The Vista Ridge Golf Course is owned by Vista Ridge Development Corporation. As of January 1, 2003 the Vista Ridge Golf Course was approximately 80% complete. (It was 95% complete and opened for play in mid-March, 2003.) The Vista Ridge Golf Course is a part of the 900 acre Vista Ridge real estate project, which includes residential and commercial development as well as the golf course. Vista Ridge Development Corporation began assembling the property and planning the project in 1996, and in May 2000 the development was approved by the voters of Erie in a referendum vote. Like all new developments in Erie,the project was highly controversial. One of the major inducements to the Town of Erie and its voters was that the Vista Ridge development would include the Vista Ridge Golf Course, which i) would always be "open to the public on a daily fee basis", and ii) would always provide the residents of Erie "discounted greens fees and preferential tee times compared to non-residents of the Town". It is also important to note that the Vista Ridge Golf Course represents over 80% of the 30% open space requirement that was imposed on the development. (The attached Exhibit A shows the two paragraphs in the recorded Annexation Agreement that relate to the golf course commitment and the 30% open space requirement.) 1 STATEMENT OF AGENCY VISTA RIDGE DEVELOPMENT CORP. hereby appoints TAX PROFILE SERVICES, INC. 4915 South Gaylord Street 1380 S. Santa Fe Drive Cherry Hills Village, Colorado 80112 Denver,Colorado 80223 Telephone: 303.783.9425 Telephone: 303.477.4504 (hereinafter"Property Owner") (hereinafter"TPS") as its representative and agent in connection with the valuations for assessment of VISTA RIDGE GOLF CLUB located in Weld County at 2700 Vista Parkway, Erie, Colorado (hereinafter"the Property") for tax years 2001-2002: TPS shall have full and exclusive authority to: 1. Review all applicable records relating to the valuation for assessment for the Subject Property; 2. Discuss the valuation for assessment of the Subject Property with the County Tax Assessor, or any of his or her representatives,as to the amount of valuation which TPS deems appropriate in the circumstances; 3. Accept on behalf of the Property Owner any valuation for assessment; and 4. Pursue any statutory remedies which Property Owner may possess,before the County Assessor, County Board of Equalization,County Board of Commissioners,Board of Assessment Appeals, District Court,Appellate Courts,the Colorado Supreme Court, or in binding arbitration, in the Property Owner's name and on Property Owner's behalf with regard to the Subject Property. This appointment of agency shall remain in effect until revoked in writing both by the Property Owner and TPS. The person signing below for the Property Owner is acting in a representative or official capacity,or as attorney-in-fact, and has the authority to do so on behalf of the Property Owner. VISTA RIDGE DEVELOPMENT CORPORATION I'll 7-oY Andy aikovsky Date P stdent Op e,, -Se R '-1- — k�� 1111111�ll 1111111111111111111111111�� See Pao C. 2793930 09/15/2000 10:34A JA Sold Tsukamoto I O 1 of 53 R 255.00 D 0.00 Weld County CO R _ VISTA RIDGE G OW f S Q Nell ANNEXATION AGREEMENT X30 THIS AGREEMENT is made and entered into this 13th day of September, 2000, by and between Kenneth Johnston and Linda Johnston; Allan E. Pezoldt, Revocable Living Trust; Vista Ridge Development Corporation, a Colorado corporation, as owner and contract purchaser; Ray Stafford Supply,Inc.,d/b/a/Mile High Shooting Park,and S.S.P.,inc,;50 Weld County Rd.3.LLC, a Colorado limited liability company;Southwest Weld County Land,LLC,a Colorado limited liability company, Rory K. Ladwig and Reese Ladwig;Baseline Partners, LLP_ as successor in interest to Baseline Investment Company,a co-partnership;and Vista Ridge,LLC, a Colorado limited liability company, collectively hereinafter referred to as the "Owner" and the Town of Erie, a municipal corporation of the State of Colorado,hereinafter referred to as "Erie" or "Town." WITNESSETH: WHEREAS, Kenneth Johnston and Linda Johnston and Vista Ridge Development Corporation are the owners of the property described on Exhibit A-1; WHEREAS, Allan E. Pezoldt, Revocable Living Trust, is the owner and Vista Ridge Development Corporation is the contract purchaser of the property described on Exhibit A-2; WHEREAS, Vista Ridge Development Corporation is the owner of the property described on Exhibit A-3, WHEREAS, Vista Ridge Development Corporation is the owner of the property described on Exhibit A-4: WHEREAS, Vista Ridge Development Corporation is the owner of the property described on Exhibit A-5; WHEREAS,Ray Stafford Supply,Inc.,d/b/a/Mile High Shooting Park, and S.S.P., Inc. is the owner and Vista Ridge Development Corporation is the contract purchaser of the property described on Exhibit A-6; WHEREAS, 50 Weld County Rd. 3, LLC is the owner of the property described on Exhibit A-7; WHEREAS, Southwest Weld County Land,LLC is the owner of the property described on Exhibit A-8; WHEREAS, Rory K. Ladwig and Reese Ladwig are the owners of the property described on Exhibit A-9; 1 I 1111111 IIIII 1111111 III 1111111111111111110111111111 Ill! 2793930 09/15/2000 10:34A JA Said Taakamoto 2 al 53 R 265.00 0 0.00 Weld County CO WHEREAS, Vista Ridge LLC is the owner of the property described on Exhibit A-I 0; WHEREAS, Baseline Partners, LLP, as successor in interest to Baseline Investment Company, a co-partnership, is the owner and Vista Ridge Development Corporation is the contract purchaser of the property described on Exhibit A-11; WHEREAS, Owner desires to annex to Erie the property more particularly described in "Exhibit A-1" through Exhibit A-11" (collectively the "Property"), which is attached hereto, incorporated herein and made a part hereof; and WHEREAS,each Owner has executed a petition to annex the Property,the original ofwhich Annexation Petition has been filed with the Town, and which petitions are incorporated herein by reference and made a part hereof; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement; and WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all ordinances,resolutions,and other regulations of the Town ofErie,as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for streets, rights-of-way and easements, parks and open space, utility facilities and improvements to the Town as contemplated in this Agreement, is directly related to and generated by the development intended to occur within the Property and that no taking thereby will occur requiring any compensation; and WRVREAS, Owner desires to develop the Property as a master planned community with a variety of commercial and retail uses, a residential community,and multiple public and private open space and recreational opportunities including a golf course; and WHEREAS,the Town desires to have commercial and retail uses,a residential community, a golf course and the public and private open space and recreational opportunities afforded by the development of the Property. NOW, THEREFORE, in consideration of the above premises and the covenants as hereinafter set forth, it is agreed by and between the parties as follows: 1. ANNEXATION AND ZONING. The annexation of the Property shall be in conformance with the Colorado Municipal Annexation Act of 1965,as amended,and with applicable Town of Erie codes. 2 • . - 1I111111111111111111111NIIIII11111111111111111IIII 3 10:34A JA Sulfa muka 1953 R 266.00 00 0.00 Weld County CO moto Owner desires mixed use zoning as set forth in the General Development Plan attached hereto as "Exhibit B"(the"General Development Plan")and the Development Guide. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town is a condition to annex the Property. Owner shall take all action necessary to permit zoning by the Town of the annexed area within the time prescribed by state statutes. A. Land Use. All residential and commercial construction will be subject to the types and intensities of land use permitted pursuant to the General Development Plan. B. General Development Plan. . Erie and the Owner recognize that property development is subject to market conditions. Such additional site plans and subdivision plats as are required by the Town of Erie Zoning Ordinance will be submitted to the Town for review and approval. The site plans shall be in general conformance with the General Development Plan for the Property, as approved and/or amended by the Board of Trustees. 2. ANNEXATION MAPS FOR PROPERTY. The Erie Comprehensive Plan encompasses the entire Property. The Comprehensive Plan does not set out in detail the land uses for the Property. The "annexation maps" incorporated and adopted as a portion of the ordinance annexing the Property comply with the requirements of C.R.S. 31-12-105 (1)(e). 3. LAND DEDICATION. The dedication of parks and open space, flood plains, public easements for utilities, rights-of-way for streets and other public ways and dedications for other public purposes shall be by Special Warranty Deed or appropriate instrument of conveyance acceptable to the Town. Such dedications shall occur as defined herein or at such time as the Town or School District is ready to begin improvements,except that all perimeter street rights-of-way shall be dedicated at the time of subdivision platting, unless the Town specifies another time. The Town and the Owner agree that such dedications are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. A. Parks and Open Space. The Owner agrees to either dedicate to the Town of Erie,or designate in the General Development Plan as privately owned open.space, a • minimum of 30% of the total acreage of the Property as shown on the General Development Plan. Any open space, school sites, park sites, tot lots, trails, golf course and community recreation facilities shall count toward the total acreage dedication. B. Roads and Utility Easements. The Owner shall dedicate rights of way for all roads and utility easements to Erie. All utility easements,dedicated to Erie,shall be for the use and the benefit of the various entities furnishing utility services,i.c., electrical, telephone,gas,TV cable,water and sewer. ALL UTILITIES WILL BE PLACED UNDERGROUND. 3 FINAL • 111111111111111111 III 11111111111111111III 111111 III 1111 2793930 09116/2000 10:34A JA Suki Tsukamoto 10 of 53 R 265.00 D 0.00 Weld County CO other properties without provisions for Owner to be reimbursed for the actual costs of such oversizing. J. Easements. The Town agrees to cooperate with and assist Owner in obtaining all necessary off-site easements for streets,water,sewer,utilities and drainage as may be necessary for the development of the Property. If necessary,the Town shall institute and process condemnation proceedings to acquire such easements after good faith effort by Owner to acquire such easements, the costs of which shall be paid initially by Owner, and Owner shall be entitled to a pro rata reimbursement from others for such costs in the same manner as reimbursement for water and sewer facilities costs as provided herein. K. Districts. The Town agrees that the approval of the Service Plan for the Vista Ridge Metropolitan District (the "Metropolitan District")by the Town, for the purpose of financing, constructing, and maintaining of certain limited jpublic improvements required for the development of the Property,is a condition to the annexation of the Property. Any requirement of the Owner in this Agreement, including but not limited to the construction of improvements and the payment of fees, may be undertaken by the Metropolitan District;provided only that such activity is a lawful activity of a special district under C.R.S. 32-1-101, et seq. L. Schools. The Owner acknowledges and agrees to comply with the Intergovernmental Agreement dated August 13, 1998 between the Town of Erie and the St.Vrain Valley School District,as that Intergovernmental Agreement may be amended. In addition, the Owner agrees to cooperate with the Town to pursue the formation of a general improvement district or other similar entity for the purposes of developing school facilities, provided that any such general improvement district will be generally applicable to the undeveloped areas of the Town and that any mill levy imposed by such general improvement district will be uniformly applied. M. Golf Course. The Town and Owner desire to have a golf course within the Property (the"Golf Course"). Owner shall construct the Golf Course and the Town agrees to approve a golf course to be constructed as identified below. ;4. i. Overall Plan and Development Options. The Golf Course shall include eighteen (18) holes, a driving range, a clubhouse(including a pro shop and restaurant)and related facilities. The Golf Course shall be open to the public on a daily fee basis,except for special events,and a program shall be adopted for the Golf Course which provides, for residents of the Town, discounted greens fees and preferential tee times compared to non-residents of the Town. ii. Water for Golf Course. The Town agrees to provide up to 350 acre-feet of water annually for the Golf Course("Golf Course Water) for golf course 10 FINAL VISTA RIDGE GENERAL DEVELOPMENT PLAN This is the approved zoning plan for Vista Ridge. The Annexation Agreement (pg,3) requires 30% open space (including golf) which amount to a total open space requirement of 276.64 acres (a e. 30% of 922.6 acres). Here are the uses in the General Development Plan that allow Vista Ridge to meet this requirement Golf Course 231 . 7 84% of total open space requirement. Other Open Space 33.4 Community Center (HOA) 5,6 Satellite Pool (HOA) 1 5 School Site 10.9 Total 283, 1 Required Open Space 276.8 The Golf Course represents 84% of the required open space at Vista Ridge, Note: The Annexation Agreement (pg.10) also requires Vista Ridge to construct a golf course. It was part of the annexation deal, whether it made economic sense or not. a CLERK TO THE BOARD PHONE (970) 336-7215, EXT.4225 FAX: (970) 352-0242 P.O. BOX 758 ' GREELEY, COLORADO 80632 C. COLORADO June 23, 2004 VISTA RIDGE DEVELOPMENT CORP., CIO TAX PROFILE SERVICES, INC 1380 SOUTH SANTA FE DRIVE, 2ND FLOOR DENVER, CO 80223 RE: SCHEDULE NUMBER R1388502 / R1389102 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: VISTA RIDGE GOLF COURSE. The meeting is scheduled for July 14,2004,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 in part,your petition. 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 Carol Harding at (970) 336-7215, extension 4217. Sincerely, ////ll LI/f Donald D. Warden Clerk to the Board / By: /1 y� i'"v�� /.G�//,4 Deputy Clerk to the Board cc: Assessor TAX PROFILE SERVICES, INC. 2004-1953 Hello