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Home My WebLink About20212116.tiffCOUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number: R3240604 STIPULATION (As To Tax Year 2021 Actual Value) RE PETITION OF : NAME: Yanis or Amanda Fernandes ADDRESS: 2087 Tundra Cir Erie, CO 80516-4040 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: ERI 1WR L19 BLK2 VISTA RIDGE FILING 1V 2. The subject property is classified as residential. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2021 : Total: $510,000 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: $479,000 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: Review of additional sales 7. Both parties agree that: [The hearing scheduled before the Board of Equalization on 07/26/2021 at 1pm be vacated. ETA hearing has not yet been scheduled before the Board of Equalization. R3240604 1 XDQt-11(O A6o (Oct DATED this 16th day of July , 2021 . Yap:cLarnandes (Jul 16, 2021 19:05 MDT) Petitioner(s) or Agent or Attorney Address: 2087 Tundra circle Erie, CO 80516 Telephone: 775-233-7872 R3240604 �7 )(tit.2At `0..y -.l_ (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 R3240604 Fernandes Stipulation Final Audit Report 2021-07-19 Created: 2021-07-16 By: MARTA ARNDT (marndt@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAibxKCJ05hxHI5YBQvbVCImGg2QI1LL0A "R3240604 Fernandes Stipulation" History ,n Document created by MARTA ARNDT (marndt@co.weld.co.us) 2021-07-16 - 10:21:55 PM GMT- IP address: 204.133.39.9 C* Document emailed to MARTA ARNDT (marndt@co.weld.co.us) for approval 2021-07-16 - 10:21:57 PM GMT be Document approved by MARTA ARNDT (marndt@co.weld.co.us) Approval Date: 2021-07-16 - 10:24:06 PM GMT - Time Source: server- IP address: 204.133.39.9 l , Document emailed to RYAN MILLER (rpmiller@co.weld.co.us) for approval 2021-07-16 - 10:24:08 PM GMT t Email viewed by RYAN MILLER (rpmiller@co.weld.co.us) 2021-07-16 - 10:24:54 PM GMT- IP address: 204.133.39.9 be Document approved by RYAN MILLER (rpmiller@co.weld.co.us) Approval Date: 2021-07-16 - 10:25:43 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Jason Marini (appeals@weldgov.com) for signature 2021-07-16 - 10:25:45 PM GMT ,n Email viewed by Jason Marini (appeals@weldgov.com) 2021-07-16 - 10:56:34 PM GMT- IP address: 204.133.39.9 de Document e -signed by Jason Marini (appeals@weldgov.com) Signature Date: 2021-07-16 - 11:01:05 PM GMT - Time Source: server- IP address: 204.133.39.9 Py Document emailed to Yanis Fernandes (yanisf@yahoo.com) for signature 2021-07-16 - 11:01:06 PM GMT n Email viewed by Yanis Fernandes (yanisf@yahoo.com) 2021-07-17 - 0:51:19 AM GMT- IP address: 69.147.90.190 i r,1 POWERED 9V Adobe Sign C5"0 Document e -signed by Yanis Fernandes (yanisf@yahoo.com) Signature Date: 2021-07-17 - 1:05:22 AM GMT - Time Source: server- IP address: 24.9.13.62 E Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2021-07-17 - 1:05:24 AM GMT f1 Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2021-07-19 - 3:38:22 PM GMT- IP address: 204.133.39.9 6© Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2021-07-19 - 3:38:36 PM GMT - Time Source: server- IP address: 204.133.39.9 ® Agreement completed. 2021-07-19 - 3:38:36 PM GMT Adobe Sign 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: Yanis Fernandes Contact Email: yanisf@yahoo.com Contact Phone: 775-233-7872 Appeal Submitted: 11:16 PM July 15, 2021 Appeal submitted for: R3240604 - FERNANDES YANIS D 2087 TUNDRA CIR, ERIE Legal: ERI 1VVR L19 BLK2 VISTA RIDGE FILING 1V Reason: Value Too High - Note: The question above asks for valuation as of June 30, 2018, but I believe it is intended to be 2020 The value of $510,000 is not indicative of the the value as of June 2020 for the reasons stated in my initial appeal that was submitted on June 1, 2021, specifically: 1. 2040 and 2058 Alpine back up to the golf course and a stark difference to subject home which faces the city of denver landfill (-1%) 2. Subject home backs up to Sheridan, which is highly trafficked by Oil and Gas drilling equipment - mostly 18 wheelers carrying chemical supplies and waste, resulting in a foul odor. (-1%). 3. Sheridan is also highly trafficked by trucks hauling and returning from hauling ripe waste. Both result in an elevated noise levels that can be heard from the subject residence, with or without windows open. (-0.7%) 4. Sheridan road is also the site of drilling around 600 feet which runs at all hours; and can be heard from the interior. (-0.5%) 5. Sheridan road backing up to the subject residence has cow pastures within short proximity —500 feet or so, and that results in odor of such (-0.5%). 6. To the North side of the home, is a clear view of the Denver landfill, along with constant truck and traffic noise, plus an odor that comes through frequently, depending on the winds (-1%). 7. Subject home backs up to Prebble Creek above ground Natural Gas pipeline owned by XCel Energy. Pictures included to show proximity to Residence. It is located less then 10 feet from the back fence and less than 40 feet from the residence. Natural Gas pipelines are well known to pose risk of bodily injury and death as noted in the 2017 pipeline explosion outside Coal Ridge middle school in Firestone, CO - just one example of many - Natural gas explosions are too common I RP Gas Bloghttps://rpgaspiping.com > blog > critical -safety -tips > gas -s... (-1.5%) Looking at the above factors and notable hazards mostly unique to subject home home, each percentage can be applied to come up with the Proposed value below, which I find is in line with the 2020 valuation. Applying each of 1 thru 7 to 517,141provides the adjustments as follows Weld County valuation: $517,141.00 1 1.0% $5,171.41 2 1.0% $5,171.41 3 0.7% $3,619.99 4 0.5% $2,585.71 5 0.5% $2,585.71 6 1.0% $5,171.41 7 1.5% $7,757.12 Proposed valuation: $485,078.26 One other item i noticed was the reference to the `prior valuation' which shows an amount of 460,667. The last valuation I have shows 444,171, up 34,198, so I'm having trouble accounting for the roughly 16K difference. This valuation increase of $56K I find it to be quite overstated and not the true indication of the real estate market, which I believe is also due for a correction in the near future. With all these items brought forth, I ask that you kindly consider and approve the proposed valuation as a reasonable medium. Estimate of Value: $485,078.00 Document(s) Submitted: Account: All Accounts - IMG_2578.jpeg Account: All Accounts - IMG_2580.jpeg Account: All Accounts - IMG_2581-1.jpg Account: All Accounts - IMG_2585-1.jpg 2021-2116 Aso loci You have selected the following Date Preferences: Friday, July 30, 2021, from 8:30 a.m. - 11:30 a.m. Friday, July 30, 2021, from 1:00 p.m. - 4:30 p.m. Monday, July 26, 2021, from 1:00 p.m. - 4:30 p.m. Tuesday, July 27, 2021, from 8:30 a.m. - 10:30 a.m. Tuesday, July 27, 2021, from 1:00 p.m. - 4:30 p.m. Wednesday, July 28, 2021, from 1:00 p.m. - 4:30 p.m. Thursday, July 29, 2021, from 8:30 a.m. - 11:30 a.m. Thursday, July 29, 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 July 16, 2021 Petitioner: FERNANDES YANIS D 2087 TUNDRA CIR ERIE, CO 80516-4040 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 2021-2116, AS0109 Appeal 2008230251 Hearing 7/26/2021 1:00 PM Account(s) Appealed: R3240604 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 26, 2021, at or about the hour of 1:00 PM, 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 edz,6,e c.z‘, Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor August 5, 2021 Petitioner: FERNANDES YANIS D 2087 TUNDRA CIR ERIE, CO 80516-4040 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 2021-2116 Appeal 2008230251 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 R3240604 Stipulated - Approved Stipulated Value $510,000 $479,000 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 Hello