HomeMy WebLinkAbout20211989.tiffChloe Rempel
From:
Sent:
To:
Cc:
Subject:
Millie Channell
Wednesday, July 28, 2021 10:28 AM
CTB-County Board of Equalization
Courtney Anaya
RE: Update
Good morning Chloe,
I apologize for not sending that!
R4356906 Surprise Property Development LLC
Thanks, Millie
Property Appraiser
Commercial Division
Weld County Assessor's Office
(970) 400-3685
mchannell@weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
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From: CTB-County Board of Equalization <weld-cboe@co.weld.co.us>
Sent: Wednesday, July 28, 2021 10:26 AM
To: Millie Channell <mchannell@weldgov.com>
Cc: Courtney Anaya <canaya@weldgov.com>
Subject: RE: Update
What's the account number on this one?
Chloe A. Rempel
Deputy Clerk to the Board Supervisor
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel: (970) 400-4213
Email: crempel a().weldgov.corn
1 &Oo, I- Iq$9
A50(09
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or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
From: Millie Channell <mchannell@weldgov.com>
Sent: Tuesday, July 27, 2021 3:33 PM
To: Chloe Rempel <crempel@weldgov.com>
Cc: Courtney Anaya <canaya@weldgov.com>
Subject: Fwd: Update
Sent from my iPhone
Begin forwarded message:
From: J P <ioan@msf-land.com>
Date: July 27, 2021 at 3:32:01 PM MDT
To: Millie Channell <mchannell@weldgov.com>
Subject: Re: Update
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize th
sender and know the content is safe.
Yes please start the administrative denial. Thanks so much.
On Tue, Jul 27, 2021 at 2:26 PM Millie Channell <mchannell@weldgov.com>wrote:
Hi Joan,
Thank you for letting me know.
If you wish to file for an administrative denial then please send an email to weld-cboe@co.weld.co.us
or reply to this email and I will forward your intent to the Clerk to the Board.
Once you request the administrative denial, then you will have to file on to the BAA to keep your
appeal active.
2
I definitely want to speak with Bev regarding my land comps, so I would appreciate her calling me
whenever she is available.
Please let me know if you have any additional questions.
Thanks, Millie
.Alit& accurate
Property Appraiser
Commercial Division
Weld County Assessor's Office
(970) 400-3685
mchannell@weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: J P <joan@msf-land.com>
Sent: Tuesday, July 27, 2021 2:19 PM
To: Millie Channell <mchannell@weldgov.com>
Subject: Update
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize t
sender and know the content is safe.
Hi Millie - Bev in court all week so no time to look at your comps.
I'm going to file for an administrative denial since both she and I have conflict on hearing date. She did
say she could look at middle of next week, don't know if process allows to still talk.
Thanks in advance.
Joan You g
4
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: Joan Young
Contact Email: joan@msf-land.com
Contact Phone: 303-718-8143
Appeal Submitted: 12:24 PM July 13, 2021
Appeal submitted for:
R4356906 - SURPRISE PROPERTY DEVELOPMENT LLC
2577 W INTERSTATE 25 FRONTAGE RD, WELD
Legal: PT S2NE4 22-1-68 COM NE COR SEC SOD13 E 2648.53 S89D34 W 484.25 TO POB
S89D34 W 2177.92 N0D38 W 627.22 N89D32 E 2152.12 S22D13 E 108.88 CURVE TO R
(R=423 ) CHORD=S13D58 E 121.37 S05D43 E 323.72 S38D40 W 112.06 TO POB ALSO COM
NE COR SEC SOD13 1324.26 S89D32 W 320 SOD13 E 26.99 TO POB SOD13 E 463.26 S78D46
W 68.71 N22D13 W 512.70 N89D32 E 259.42 TO POB
Reason: Value Too High - Land value too high. Undermining of the property was not taken into
account by Weld County for their comparable land sales. The undermining severely limits the
surface uses of this land. We previously provided comparable sales to the Weld County Assessor.
Estimate of Value: $1,119,637.00
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
2021-1989
ASO I 09
July 15, 2021
Petitioner:
SURPRISE PROPERTY
DEVELOPMENT LLC
PO BOX 3065
HILTON HEAD ISLAND, SC 29928-
0065
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 2021-1989, AS0109 Appeal 2008230179 Hearing 8/2/2021 10:00 AM
Account(s) Appealed:
R4356906
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
August 5, 2021
Petitioner:
SURPRISE PROPERTY DEVELOPMENT LLC
PO BOX 3065
HILTON HEAD ISLAND, SC 29928-0065
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):
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2021-1989 Appeal 2008230179 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
R4356906 Deny - Administrative Deny
$1,851,191 $1,851,191
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
Hello