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Home My WebLink About20212104.tiffCOUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number: R5801686 STIPULATION (As To Tax Year 2021 Actual Value) RE PETITION OF : NAME: FUSARO LLC ADDRESS: PO BOX 192 FORT LUPTON, CO 80621-0192 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2021 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: 2116 INTERSTATE 25 FRONTAGE RD, WELD; ABC L5 EXC W99.22' ALTHEN-BOYER COMMERCIAL UNIT DEV 2. The subject property is classified as commercial. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2021 : Total: $284,000 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2021 actual value for the subject property: Total: $271,000 5. The valuation, as established above, shall be binding only with respect to tax year 2021 6. Brief narrative as to why the reduction was made: After further review, an adjustment was indicated. 7. Both parties agree that: (]The hearing scheduled before the Board of Equalization on 08/02/2021 at 10:00 am be vacated. nA hearing has not yet been scheduled before the Board of Equalization. R5801686 1 QoaI-a o9 A50 (O9 DATED this 27th day of July , 2021 . Petitioner(s) or Agent or Attorney Address: Telephone: R5801686 (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 County Deputy Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 Thank you for submitting an appeal to the Weld County Board of Equalization. We will review the information submitted and you will receive a date to appear before the board. Contact Information: Contact Name: Kenneth Robert Mitchell Contact Email: kmitch2000@gmail.com Contact Phone: 970-685-1575 Appeal Submitted: 04:44 PM July 15, 2021 Appeal submitted for: R5801686 - FUSARO LLC 2116 INTERSTATE 25 FRONTAGE RD, WELD Legal: ABC L5 EXC W99.22 ALTHEN-BOYER COMMERCIAL UNIT DEV Reason: Value Too High - Environmental issues, geological issues, comparable valuations, building non-functional, fire protection issues. Estimate of Value: $225,000.00 Document(s) Submitted: Account: All Accounts - Performance Authorized Agent Form 210317_Signed.pdf Account: All Accounts - R5801686 Tax Appeal FUSARO.pdf Account: All Accounts - R5801586 Tax Appeal FUSARO.pdf You have selected the following Date Preferences: Monday, August 2, 2021, from 10:00 a.m. - 12:30 p.m. Tuesday, August 3, 2021, from 8:30 a.m. - 12:00 p.m. Wednesday, August 4, 2021, from 10:00 a.m. - 11:30 a.m. Wednesday, August 4, 2021, from 1:00 p.m. - 4:30 p.m. The Appeal process can take several weeks for us to complete. You will receive a written decision on your appeal within five (5) working days of your hearing. We thank you for your submittal. Weld County Board of Equalization 2021-2104 ASotog DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES Donnie Fetters I, (We), , give permission to (Owner — please print) Mosaic Land Development Services, LLC (Applicant/Agent — please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at: 2114 Ei25 Frontage Road, Erie CO 80516 (Performance Equipment Rentals, LLC) 23 1N 68 Legal Description: of Section , Township N, Range W Althen Boyer CUD Bnone L4 Subdivision Name: Lot Block Property Owners Information: 303-435-4858 Phone: ApplicantlAgent Contact Information: 440-371-9957 Phone: donnie@pequipment.com E-mail: E -Mail: a.hartsel@developmentbymosaic.com Email correspondence to be sent to: Owner ❑ Applicant/Agent El Both n Postal service correspondence to be sent to: (choose only one) Owner ❑ Applicant/Agent n Andrew Hansel, Ken Mitchell, and Tony Vienna are all authorized representatives of Mosaic Additional Info: Land Development Services, LLC. Owner Signature: Date: f Owner Signature: Date: 7 Account Number R5801586 Parcel Number 146723000061 Owner Name Fusarn LLiC Phone Number 970-685-1575 e-mail knitch2000@gmaiJ.com REAL PROPERTY QUESTIONNAIRE Attach additional documents as necessary. MARKET APPROACH 4 This approach to value uses comparable sales from the appropriate time period to determine the actual value of your property. The following items, if known, will help you estimate the market value of your property. If available, attach a copy of any appraisal or written estimate of value. Have similar properties in your immediate neighborhood sold within the 18 -month data gathering period? DATE SOLD PROPERTY ADDRESS SELLING PRICE See Attached Chart. Based on these sales and accounting for differences between sold properties and your property, state the value of your property. $ COST APPROACH (For Non -Residential Properties Only) This approach to value uses replacement construction costs from the appropriate time period to determine the value of your property. The following items, if known, will help you estimate the replacement cost of your property. YEAR BUILT BUILDER ORIGINAL CONSTRUCTION COST List all changes made to your property prior to January 1 of the current year, i.e., remodeling of storefront; expansion of storage area; addition to parking, service or manufacturing area. DATE DESCRIPTION OF CHANGE COST Is your structure in typical condition for its age? If not, why? Based on the replacement cost of construction and of any changes, including depreciation, state the total value of your property. $ INCOME APPROACH (For Non -Residential Properties Only) This approach to value converts economic net income from the appropriate time period into present worth. If the property was rented or leased, attach operating statements showing rental and expense amounts for this property. Indicate square foot rental rate for all tenants. (Attach rent and lease schedule) If known, list rents of comparable properties. If available, attach operating statements showing rental and expense amounts for comparable properties. If an appraisal using the income approach was conducted, please attach. FINAL ESTIMATE OF ALUE State your final estimate of the property's value. rja3.6 gz7, 1 eta here the e O1strict leaf telephone e �r��e • Court ire telephoneelep en is located.tea number. e book for e County the ad your �e a' any re mll�, address are on the ,e y Saturday, schedule, at the '� s� business dJ Sunday, a claim, t 8 • e address 4�V ss a f or/ego/holiday, lea,' , teelisted f .e' 39--1--120(3), r� fir_ ?► claiareturn, st r the is your ( y it shall statement, County pea+�' ,� �` es fr�aC.R.S.'��' deemed, remittance, Board liar �� ' theproperty's ��,� to hr��af °pother r�r required ?`V 8O aye fee they de What O O 4'c��red far r- !� s at RD Othe! document additional the ea! property EQUALIZATIONfiled/ gal �a'�� f� ��, a� of ��►�efiled installed sheets a r y,�,��, estimate J�Ursuant t �'Q', ,�� d cost, a s r�ee39-t--106(1.5), -_ ?'ur . 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O• d of x58 �./•Equalization ree Telephone: elegy', O 80631 ,� �.equalization�, apostmppeal 4 ed ordeliveredyour appeal p. o (970) 35, r r !rr,ts, your w• ce- wei QOQ e end that �' before Petition tus ,sZ �� '� all correspondence may '�'� required �';� �' the �' ,!!l9'ulred for re of �q�ali • �'� notified he • prove a! property Board decision. equalization �, red �� t mailed with that �� ty _ a of Equalization y r�r��• �. Est jai the date proof u filed der �� lrzatl�,rr � 39,,&107(2), �, , �� County ! � ''r-rtt ��'�' �i '�� 'arlr � tr'�e! h '�� t� .�'u�t Onlin• Board' decisiont a , a ►_ ,�4 right b �'° wish �,of . to scheduled a!, ' t to t'�continue C.R.S.l• I falri youwithin '� for therefore, e' her �, Y Equalization , yourhearing. , ' We !f dQt�� § 39-2-125(1)(e), u� _ B appeal, reel Est core! brae arrr�The appeal', receivebusiness•County !�p►aal, atr a you , ! f!! rsi+or� r'r ,gs ell t �rfollowing: h tco o t 4 o aona frith th and 'r 't�h eoard �l owi t appeal • ' County peal wit egourity'rere e© of �rrth�r�o�ar � the rd decisions � �` the 3 f 3� ' d of Board Assessment fEqualizationo' u' ' r ?, l� f Assessment of the Equalization's atr a Sep131ma, Streets ea date f the decision e' tand (3O3) Deriver, O 3� eti Room ! County and Appeals. 3'6-3 '' 31.E Board's IN��,,• � �$��1 written to ,��t4 do/a. cc�rorDistrict r� decision continue , eindin Arbitration ad hea t °r Iii �`a►ti of Equalization. � of arh+tr � a tors, co Je �aatact the Count la -j mosaic Land Development Services. LLC ■mosaic realty June 2, 2021 To: Weld County Tax Assessor From: Mosaic Realty, LLC & Mosaic Land Development, LLC cio Ken Mitchell RE: Fusaro Properties Tax Protest Supporting Documents The Mosaic team develops and provides brokerage services to commercial and residential properties throughout northern Colorado. Based on the following support information, we request an adjustment to the tax valuation of the two stated parcels on behalf of our client, Fusaro, LLC. Notable property deficiencies: • Inferior access to 1-25 going northbound • Environmental issues of conjoining properties — see additionai information in attached document from Blue Mountain Environmental • Over assessed building values — see attached charts • Weld County violation notice • North Metro Fire Rescue District Issues We have documented evidence of clear environmental contamination for property in the immediate vicinity of both Fusaro tracts. Fusaro is working with the landlord of the junkyard to remediate impacts. At this time, the environmental condition of the Fusaro tracts greatly diminishes their value and they are not marketable in their current state. Current properties also exist over a coal mine. The existing man-made and natural geological hazards associated with the Fusaro sites has a strong negative effect on value. If you have any additional questions, please contact Ken Mitchell at 970-985-1575. Thank yo Ken Mitchell Principal Mosaic Realty, LLC & Mosaic Land Development, LLC PROPERTY TAX A 'YSIS FOR FUSARO TRACTS AND NEIGHBORHOOD PROPERTIES Property Location TAX ID I Land (Acres) I Land Value Value/SF Improvement Value Warehouse Space (SF) Office Space (SF) Service Garage (SF) Manufacturing (SF) At Buildings Total SF Building Value/SF 2114 Interstate 25 - FUSARO RS801586 2.39 $ 249,860 $ 2.40 $ 1,100,140 9,600 2,450 12,050 5 91.30 2116 Interstate 25 - FUSARO 2152 Interstate 25 (T & M) 2.190 Interstate 25 (Coronet) 2240 Interstate 25 2038 iittertate 25 (Skitto) 163 County Road 6 (Hefner) 4063 County Road 6 (Hefner) 4255 County Road 6 (Hefner) 4343 County Road 6 (Hefner) 4365 County Road 6 (Hefner) 4365 County Road 6 (Hefner) R58O1686 R58O1486 R5801386 R0256793 R6779007 R6779008 R5802086 R5802386 85799986 R5801786 R5802186 2.44 2.38 139 3.45 1.857 3.143 5.6 1.67 8,75 1.68 6.6 $ 255,509 $ 249,237 $ 250,282 $ 324,425 $ 323,628 $ 433,728 $ 585,446 $ 157,130 $ 13,595 $ 175,634 $ 620,991 2.40 2.40 2.46 2.16 4.00 3.17 2.40 2.16 0.04 2.40 2.16 $ 28,491 $ 134,763 $ 129,718 $ 1,025,575 $ 94,372 $ 2,794 $ 23,412 3,799 $ 292,176 $ 272,366 $ 20,347 576 892 2,400 640 1,760 400 5,000 1,020 0 6,400 1,34+4 2,200 1,468 5 19.41 4,800 $ 28.08 2,880 3,280 $ 39.55 7,500 13,520 $ 75.86 1,344 $ 70.22 Fence N/A Fence N/A Fence N/A 10,480 12,680 $ 230]4 6,400 $ 42.56 Fence N/A Conclusions: Highway 6 land tracts are generally taxed equal to or less than Interstate frontage; Interstate frontage has inferior access. Some adjustment should be due for poor northbound access. FUSARO properties adjoin auto Junkyard which has demonstrated environmental issues. (See attached report). Property has a stigma which will not allow for resale until conditions corrected. Water pressure and volume are not sufficient and current issues exist with Weld County over structures (See citation). R5801686 Indicates 892 square feet of retail structure that does not exist. The building (892 square feet) is obsolete - the cost to cure exceeds it's value. This is an unsafe structure for use. R5801586 has structures comparable to other properties in the neighborhood, but has taxable values for improvements that are significantly higher. Both Fusaro properties demonstrate substantial error with respect to market value. wtsmosaic Land Development Services, LLC ` mosaic realty June 2, 2021 To: Weld County Tax Assessor From: Mosaic Realty, LLC & Mosaic Land Development, LLC C o► Ken Mitchell RE: Fusaro Properties Tax Protest Supporting Documents The Mosaic team develops and provides brokerage services to commercial and residential properties. throughout northern Colorado. Based on the following support information, we request an adjustment to the tax valuation of the two stated parcels on behalf of our client, Fusaro, LLC. Notable property deficiencies: • Inferior access to I-25 going northbound • Environmental issues of conjoining properties — see additional information in attached document from Blue Mountain Environmental • Over assessed building values — see attached charts • Weld County violation notice • North Metro Fire Rescue District Issues We have documented evidence of clear environmental contamination for property in the immediate vicinity of both Fusaro tracts. Fusaro is working with the landlord of the junkyard to remediate impacts. At this time, the environmental condition of the Fusaro tracts greatly diminishes their value and they are not marketable in their current state. Current properties also exist over a coal mine. The existing man-made and natural geological hazards associated with the Fusaro sites has a strong negative effect on value. If you have any additional questions, please contact Ken Mitchell at 970-985-1575. Thank yop7 'Ken Mitchell Principal Mosaic Realty, LLC & Mosaic Land Development, LLC Account= NurtberR5$O 686 Parcel Number r 146723000062 Owner Name Ft«&t`o LLC Phone Number 970-685-1575 e-mail klmitch2006pgmail.com REAL PROPERTY QUESTIONNAIRE Attach additional documents as necessary. MARKET APPROACH This approach to value uses comparable sales from the appropriate time period to determine the actual value of your property. The following items, if known, will help you estimate the market value of your property. If available, attach a copy of any appraisal or written estimate of value. Have similar properties in your immediate neighborhood sold within the 18 -month data gathering period? DATE SOLD PROPERTY ADDRESS SELLING PRICE See Attached Chart. Based on these sales and accounting for differences between sold properties and your property, state the value of your property $ COST APPROACH (For Non -Residential Properties Only) This approach to value uses replacement construction costs from the appropriate time period to determine the value of your property The following items, if known, will help you estimate the replacement cost of your property YEAR BUILT ORIGINAL BUILDER CONSTRUCTION COST List all changes made to your property prior to January 1 of the current year, i e.. remodeling of storefront expansion of storage area., addition to parking, service or manufacturing area DATE DESCRIPTION OF CHANGE COST Is your structure in typical condition for its age? If not. why? Based on the replacement cost of construction and of any changes, including depreciation. state the total value of your property. INCOME APPROACH (For NoneResidential Properties Only) This approach to value converts economic net income from the appropriate time period into present worth. If the property was rented or leased, attach operating statements showing rental and expense amounts for this property. Indicate square foot rental rate for ail tenants. (Attach rent and lease schedule) If known, list rents of comparable properties If available, attach operating statements showing rental and expense amounts for comparable properties. If an appraisal using the income approach was conducted, please attach. FINAL ESTIMATE OF VALUE State your final estimate of the property's value. L 22"-ceca 15 -AR -DPI ARL VOL 2 1-84 Rev 10-09 BB1,L'i \1( al''``,,.I \1 r s 11)4:11 fill i I,tI%III t;r1g I.l March 9, 2021 Kenneth R. Mitchell 1021 Nightingale Drive Fort Collins, Colorado 80525 RE: Performance Equipment Tract A Phase 1 Environmental Assessment Mr. Mitchel, We have undertaken the Phase I Environmental Assessment of the Performance Equipment Tract A. The Phase 1 Environmental Assessment per ATM 1527-13 process includes analysis of user provided materials, a site reconnaissance, review of records retained in federal, state and local databases, interviews and an evaluation of findings. I am providing this memo to summarize preliminary findings. We completed our site reconnaissance on March 9, 2021 and, as anticipated, discovered Recognized Environmental Conditions (RECs) relating to salvage vehicles stored on and adjacent to the property. The Colorado Department of Public Health and Environment Automotive Salvage Yard Waste Management Practices in Colorado guidelines (attached) recommend that salvage vehicles have all fluids drained and batteries removed prior to storage. These guidelines were not followed as crank case oil and batteries were present in many vehicles. Additionally, stained soil was observed in numerous locations and a hydrocarbon aroma was apparent throughout the area. Given these circumstances our Phase I report will recommend a Phase II investigation. All salvage vehicles will need to be removed from the site so that the extent and severity of site contamination can be evaluated through environmental (soil) sampling. Phase III mitigation may be required pending findings of the Phase II investigation. We anticipate delivering a completed report to you within two to four weeks. Please feel free to contact me with any questions you may have. Sincerely, Mittt Toler Principal, Blue Mountain Environmental Consulting, LLC 937 Mallard Drive, Ft. Collins, CO 80521 • (970) 224-0851 • www.bluemountainenvinmmental.com PROPERTY TAX ANALYSIS FOR FUSARO TRACTS AND NEIGHBORHOOD PROPERTIES Property Location TAX ID ftand (Acres) I Land Value I Value/SF Improvement Value Warehouse' OfficeService Manufacturing cc (SEjGaryI On Total Buildings 1 SF Building Value/SF 2114 Interstate 25 - FUSARO 2116 Interstate 25 - FUSARO 2152 Interstate 25 (T & M) 2190 Interstate 25 (Coronet) 2240 Interstate 25 2038 Intertate 25 (Skitio) 4063 County Road 6 (Hefner) 4063 County Road 6 (Hefner) 4255 County Road 6 (Hefner) 4343 County Road 6 (Hefner) 4365 County Road 6 (Hefner) 4365 County Road 6 (Hefner) RS801586 85801686 R5801486 R5801386 R0256793 R6779007 86779008 85802086 R5802386 85799986 R5801786 R5802186 2.39 L44 2.38 2.39 3.45 1.857 3.143 5.6 1.67 8.75 1.68 6.6 249,860 255,509 249,237 250,282 324,425 323,628 433,728 585,446 157,130 13,595 175,634 620,991 2A0 MO 2.40 2.40 2.16 4.00 3.17 2.40 2.16 0.04 2,40 246 $ 1,100,140 28,491 134,763 $► 129,718 $ 1,025,575 $ 94,372 $ 2,794 23,412 3,799 $ 292.,176 272,366 $ 20,347 9,600 576 2,400 400 5,000 6,400 2,450 892 640 1,760 2,880 1,020 0 7,500 1,344 2,200 10,480 12,050 $ 1,468 $ 4,800 $ 3,280 $ 13,520 $ 1,344 $ Fence Fence Fence 12,680 6,400 Fence $ 91.30 19.41 28.08 39.55 75.86 70.22 N/A N/A N/A 23.04 42.56 N/A Conclusions: Highway 6 land tracts are generally taxed equal to or less than Interstate frontage; Interstate frontage has inferior access. Some adjustment should be due for poor northbound access. FUSARO properties adjoin auto junkyard which has demonstrated environmental issues, (See attached report). Property has a stigma which will not allow for resale until conditions corrected. Water pressure and volume are not sufficient and current Issues exist with Weld County over structures (See citation). 85801686 indicates 892 square feet of retail structure that does not exist. The building (892 square feet) Is obsolete - the cost to cure exceeds it's value. phis is an unsafe structure for use. 8.5801586 has structures comparable to other properties in the neighborhood, but has taxable values for improvements that are significantly higher. Both Fusaro properties demonstrate substantial error with respect to market value. July 16, 2021 Petitioner: FUSARO LLC PO BOX 192 FORT LUPTON, CO 80621-0192 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2021-2104, AS0109 Appeal 2008230239 Hearing 8/2/2021 10:00 AM Account(s) Appealed: R5801686 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 2, 2021, at or about the hour of 10:00 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O 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, 2021, and mailed to you within five (5) business days. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 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 discuss your value with the Assessor's Office, please call them at (970) 400-3650. 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 emailing assessor@weldgov.com or sending a fax to (970) 304-6433. 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. 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor July 19, 2021 Petitioner: RE: FUSARO LLC PO BOX 192 FORT LUPTON, CO 80621-0192 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldqov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): MOSAIC LAND DEVELOPMENT SERVICES LLC ANDREW HARTSEL 1021 NIGHTINGALE DR FORT COLLINS, CO 80525- 7151 THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2021-2104, AS0109 Appeal 2008230239 Account(s) Appealed: R5801686 Dear Petitioner(s): Hearing 8/2/2021 10:00 AM The Weld County Board of Equalization has set a date of August 2, 2021, at or about the hour of 10:00 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O 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, 2021, and mailed to you within five (5) business days. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 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 discuss your value with the Assessor's Office, please call them at (970) 400-3650. 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 emailing assessor@weldgov.com or sending a fax to (970) 304-6433. 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. 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor July 19, 2021 Agent: MOSAIC LAND DEVELOPMENT SERVICES LLC ANDREW HARTSEL 1021 NIGHTINGALE DR FORT COLLINS, CO 80525-7151 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldqov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Petitioner: FUSARO LLC PO BOX 192 FORT LUPTON, CO 80621-0192 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2021-2104, AS0109 Appeal 2008230239 Hearing 8/2/2021 10:00 AM Account(s) Appealed: R5801686 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 2, 2021, at or about the hour of 10:00 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O 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, 2021, and mailed to you within five (5) business days. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 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 discuss your value with the Assessor's Office, please call them at (970) 400-3650. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request to assessor@weldgov.com. 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. 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor August 5, 2021 Petitioner: FUSARO LLC PO BOX 192 FORT LUPTON, CO 80621-0192 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): MOSAIC LAND DEVELOPMENT SERVICES LLC ANDREW HARTSEL 1021 NIGHTINGALE DR FORT COLLINS, CO 80525-7151 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2021-2104 Appeal 2008230239 Hearing 8/5/2021 Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2021. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R5801686 Stipulated - Approved Stipulated Value $284,000 $271,000 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed -to the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2021, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2021, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall provide to the County Board of Equalization or to the Board of County Commissioners of the County in the case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subsection (5)(a)(I) of this paragraph (a) within ninety days after the appeal has been filed with the Board of Assessment Appeals. (b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) The primary method used by the county to determine the value of the subject property; and (B) The rates used by the county to determine the value of the subject property under the method identified in accordance with subsection (5)(b)(l)(A) of this section. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the County Attorney and shall be accompanied by a certification that the County Assessor or the County Board of Equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: (303) 864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization within 30 days that you will pursue arbitration. You and the Board of Equalization will 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 (i.e. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fees may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor August 5, 2021 Agent: Petitioner: MOSAIC LAND DEVELOPMENT SERVICES LLC ANDREW HARTSEL 1021 NIGHTINGALE DR FORT COLLINS, CO 80525-7151 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldqov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 FUSARO LLC PO BOX 192 FORT LUPTON, CO 80621-0192 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2021-2104 Appeal 2008230239 Hearing 8/5/2021 Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2021. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R5801686 Stipulated - Approved Stipulated Value $284,000 $271,000 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2021, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2021, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall provide to the county Board of Equalization or to the Board of County Commissioners of the County in the case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subsection (5)(a)(I) of this paragraph (a) within ninety days after the appeal has been filed with the board of assessment appeals. (b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) The primary method used by the county to determine the value of the subject property; and (B) The rates used by the county to determine the value of the subject property under the method identified in accordance with subsection (5)(b)(I)(A) of this section. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the County Attorney and shall be accompanied by a certification that the County Assessor or the County Board of Equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: (303) 864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization within 30 days that you will pursue arbitration. You and the Board of Equalization will 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 (i.e. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor Hello