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Home My WebLink About20212114.tiffCOUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number: R0167801 STIPULATION (As To Tax Year 2021 Actual Value) RE PETITION OF : NAME: STOVER LLC, CHEYENNE I LLC, CHEYENNE II LLC ADDRESS: 5949 GREENRIDGE CIR FORT COLLINS, CO 80525-9474 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: I. The property subject to this Stipulation is described as: 321 BASHER DR, JOHNSTOWN; JOH 6125GC L2 BLK1 1-25 GATEWAY CENTER #6 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: $3,180,000 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: $3,100,000 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: 71The hearing scheduled before the Board of Equalization on 08/04/2021 at 1:00 pm be vacated. nA hearing has not yet been scheduled before the Board of Equalization. R0167801 za7l -Z► I4 ft-5O(Dct DATED this 19th day of July Ru-th `cries Ruth lutes (Jul 20, 2021 14:03 MDT) Petitioner(s) or Agent or Attorney Address: 5949 Greenridge Circle 80525 Telephone: 4089315591 R0167801 2021 . (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 R0167801/STOVER LLC, CHEYENNE I LLC, CHEYENNE II LLC Final Audit Report 2021-07-20 Created: 2021-07-19 By: MILLIE CHANNELL (mchannell@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA24MzoVbVL-61W1Z4ShX5StjXurMPyk9U "R0167801/STOVER LLC, CHEYENNE I LLC, CHEYENNE II LL C" History ,n Document created by MILLIE CHANNELL (mchannell@co.weld.co.us) 2021-07-19 - 8:02:48 PM GMT- IP address: 204.133.39.9 ?, Document emailed to MILLIE CHANNELL (mchannell@co.weld.co.us) for approval 2021-07-19 - 8:02:50 PM GMT 6© Document approved by MILLIE CHANNELL (mchannell@co.weld.co.us) Approval Date: 2021-07-19 - 8:05:56 PM GMT - Time Source: server- IP address: 204.133.39.9 G Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval 2021-07-19 - 8:05:57 PM GMT .5 Email viewed by Jason Marini (jmarini@co.weld.co.us) 2021-07-20 - 2:46:32 AM GMT- IP address: 204.133.39.9 GS© Document approved by Jason Marini (jmarini@co.weld.co.us) Approval Date: 2021-07-20 - 1:58:33 PM GMT - Time Source: server- IP address: 204.133.39.9 C'-, Document emailed to Jason Marini (appeals@weldgov.com) for signature 2021-07-20 - 1:58:36 PM GMT t Email viewed by Jason Marini (appeals@weldgov.com) 2021-07-20 - 1:58:47 PM GMT- IP address: 204.133.39.9 6® Document e -signed by Jason Marini (appeals@weldgov.com) Signature Date: 2021-07-20 - 1:59:15 PM GMT - Time Source: server- IP address: 204.133.39.9 R, Document emailed to Ruth Lutes (ruth.lutes@gmail.com) for signature 2021-07-20 - 1:59:16 PM GMT POWERED BY Adobe Sign •n Email viewed by Ruth Lutes (ruth.lutes@gmail.com) 2021-07-20 - 1:59:18 PM GMT- IP address: 66.249.92.218 bo Document e -signed by Ruth Lutes (ruth.lutes@gmail.com) Signature Date: 2021-07-20 - 8:03:51 PM GMT - Time Source: server- IP address: 73.169.14.193 Ey Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2021-07-20 - 8:03:53 PM GMT t Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2021-07-20 - 8:36:07 PM GMT- IP address: 204.133.39.9 6© Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2021-07-20 - 8:36:21 PM GMT - Time Source: server- IP address: 204.133.39.9 ® Agreement completed. 2021-07-20 - 8:36:21 PM GMT s;Lk�� i �'• POWERED 9V 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: Ruth Lutes Contact Email: ruth.lutes@gmail.com Contact Phone: 408-931-5591 Appeal Submitted: 11:10 PM July 15, 2021 Appeal submitted for: R0167801 - STOVER LLC (16.6388% INT) 321 BASHER DR, JOHNSTOWN Legal: JOH 6I25GC L2 BLK1 I-25 GATEWAY CENTER #6 Reason: Value Too High - Comparison with 4 warehouse properties adjacent to the warehouse at 321 Basher Drive in Johnstown, shows that even with the recent June 2021 reduction in valuation of my property by $50,880, my property is still valued $7 to $11 per square foot higher than all the comparable adjacent properties and I do not understand how this is justified. This would make my warehouse a premier structure in comparison with the adjacent properties and this is not the case. A year ago, the Weld county assessor agreed to reduce the valuation by $9.20 per square foot and I do not understand why it is being raised again in less than a year to an even higher value. I am attaching a spreadsheet that shows the comparisons with adjacent properties prior to June 2021 and after the June 2021 $50,880 reduction in valuation as well as the communication from Weld County Treasurer notifying the 2020 valuation reduction. Estimate of Value: $2,943,228.00 Document(s) Submitted: Account: R0167801 - Appeal to Weld County Assessor - Valuation of 321 Basher Drive, Johnstown l .xlsx Account: All Accounts - Weld County Treasurer - 8-18-201.pdf Account: All Accounts - 321 Basher Amended 2019 Property Valuation.pdf You have selected the following Date Preferences: Wednesday, August 4, 2021, from 1:00 p.m. - 4:30 p.m. Wednesday, August 4, 2021, from 10:00 a.m. - 11:30 a.m. Tuesday, August 3, 2021, from 8:30 a.m. - 12:00 p.m. Monday, August 2, 2021, from 10:00 a.m. - 12:30 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 2021-2114 ASO10�i July 16, 2021 Petitioner: STOVER LLC (16.6388% INT) 5949 GREENRIDGE CIR FORT COLLINS, CO 80525-9474 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 2021-2114, AS0109 Appeal 2008230250 Hearing 8/4/2021 1:00 PM Account(s) Appealed: R0167801 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 4, 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 at t Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor August 5, 2021 Petitioner: STOVER LLC (16.6388% INT) 5949 GREENRIDGE CIR FORT COLLINS, CO 80525-9474 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 2021-2114 Appeal 2008230250 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 R0167801 Stipulated - Approved Stipulated Value $3,180,000 $3,100,000 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