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Home My WebLink About20192761.tiffAugust 6, 2019 Petitioner: LINKUS DUANE T 2600 COUNTY ROAD 13 BRIGHTON, CO 80603-9019 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 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-2761 Appeal 2008224447 Hearing 8/5/2019 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 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R8931400 Stipulated - Approved Stipulated Value $769,231 $724,000 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, 2019, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2019, 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 subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the Board of Assessment Appeals. (b)(l) 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) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (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 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 COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R8931400 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Duane & Rhonda Linkus 2600 County Road 13 Brighton, CO 80603-9019 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2019 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: DAC MVE L3 MOUNTAIN VIEW ESTATES MINOR SUB (MOUNTAIN VIEW ESTATES II ANNEX) 2. The subject property is classified as Residential property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 Total $769,231 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year2019 actual value for the subject property: Total $724,000 5. The valuation, as established above, shall be binding only with respect to tax year2019 6. Brief narrative as to why the reduction was made: Updated details. 7. Both parties agree that: The hearing scheduled before the Board of Equalization on 7/25/19 at 1 pm be vacated. nA hearing has not yet been scheduled before the Board of Equalization. ao l q - a -7c i A S o 1O 3 DATED this 23rd day of July , 2019 Rhonda 1-inKus Rhonda C nkus Jul 23, 2C19' Petitioner(s) or Agent or Attorney Address: 2600 County Road 13 Brighton, CO 80603 Telephone: 303-250-4983 Docket Number R8931400 Stip-1.Frm (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 Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R8931400\Linkus Final Audit Report 2019-07-24 Created: 2019-07-23 By: Courtney Maya (canaya@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAJeLv5b4QrhnFyHlvsoTze243Ci3N3iAM "R8931400\Linkus" History t Document created by Courtney Anaya (canaya@co.weld.co.us) 2019-07-23 - 4:00:00 PM GMT- IP address: 204.133.39.9 E Document emailed to Courtney Anaya (canaya@co.weld.co.us) for approval 2019-07-23 - 4:00:02 PM GMT 6© Document approved by Courtney Anaya (canaya@co.weld.co.us) Approval Date: 2019-07-23 - 4:00:14 PM GMT - Time Source: server- IP address: 204.133.39.9 C Document emailed to Maria Arndt (marndt@weldgov.com) for approval 2019-07-23 - 4:00:15 PM GMT t Email viewed by Marta Arndt (marndt@weldgov.com) 2019-07-23 - 4:03:26 PM GMT- IP address: 204.133.39.9 6© Document approved by Marta Arndt (marndt@weldgov.com) Approval Date: 2019-07-23 - 4:07:17 PM GMT - Time Source: server- IP address: 204.133.39.9 E. Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-23 - 4:07:19 PM GMT t Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-23 - 5:58:19 PM GMT- IP address: 204.133.39.9 t Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-23 - 6:03:52 PM GMT - Time Source: server- IP address: 204.133.39.9 [7. Document emailed to Rhonda Linkus (linkusracing@yahoo.com) for signature 2019-07-23 - 6:03:54 PM GMT 15 Email viewed by Rhonda Linkus (linkusracing@yahoo.com) 2019-07-24 - 2:01:09 AM GMT- IP address: 72.42.65.216 Adobe Sigr C56 Document e -signed by Rhonda Linkus (linkusracing@yahoo.com) Signature Date: 2019-07-24 - 2:02:56 AM GMT - Time Source: server- IP address: 72.42.65.216 F-7. Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-24 - 2:02:58 AM GMT t Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-24 - 11:57:08 AM GMT- IP address: 204.133.39.9 6© Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-24 - 12:09:35 PM GMT - Time Source: server- IP address: 204.133.39.9 Signed document emailed to Rhonda Linkus (linkusracing@yahoo.com), Marta Arndt (marndt@weldgov.com), Brenda Dones (bdones@co.weld.co.us), canaya@weldgov.com, and 2 more 2019-07-24 - 12:09:35 PM GMT 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: Rhonda Linkus Contact Email: linkusracinggyahoo . com Contact Phone: 303-2504983 Appeal Submitted: 02:44 PM July 11, 2019 Appeal submitted for: 88931400 - LINKUS DUANE T 2600 COLORADO BLVD, DACONO Legal: DAC MVE L3 MOUNTAIN VIEW ESTATES MINOR SUB (MOUNTAIN VIEW ESTATES II ANNEX) Reason: Value Too High m Comparable sales, location of property, neighboring home valuation Estimate of Value: $650,000.00 Document(s) Submitted: Account All Accounts - 2019 Property Tax Valuation Appeal .doc Account: All Accounts - 2019 Property Tax Valuation Comparable Sales.xlsx You have selected the following Date Preferences: Thursday, July 25, 2019, from 9:00 a.m. to 12:00 p.m. Thursday, July 25, 2019, from 1:30 p.m. to 4:30 p.m. Monday, July 29, 2019, from 3:00 p.m. to 4:30 p.m. Tuesday, July 30, 2019, from 1:30 p.m. to 4:30 p.m. Thursday, August 1, 2019, from 9:00 a.m. to 12:00 p.m. Thursday, August 1, 2019, from 1:30 p.m. to 3:30 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 2019-2761 Re: 2019 1" cal Property Tax Valuation Appeal This document serves as a formal, written appeal of the Assessor's decision to deny the previously submitted protest of value for Parcel No. 146919001003 and corresponding account number i893 1400. This appeal su3mits that the property valuation increase from the 2017 valuation to the 2019 valuation is unfounded. This increase is high in light of the fact that there was no change to the property itself and the increase is unsupported by comps. Below are 21 properties sold in Weld the 1/1/17 — 6/30/l8 time period. The sales data was pulled from the Weld County website and is for sales of comparable homes. Our property is in a unique location within the city limits of Dacono with nothing similar in the close vicinity, and Dacono has a much lower cost of living and median household income than most neighboring cities, greatly affecting housing prices and making it difficult to find comparable properties with which to compare sales data. The sales in the attached spreadsheet are in the surrounding areas and are the most similar to our property. The calculated average cost per square foot of the 21 listings is $1X6.32. The 2019 assessed cost per square foot of our property (per the NOV) is $241.67. Based on the sales data below, the location, and the 2019 Weld County assessed value of the very similar property adjacent to ours, built the same year, of $196.14/sq. ft., I propose that this discrepancy is unfounded. It also needs to be noted that our property is within a quarter mile of a manure holding facility and within noise detection distance of 2 race tracks. Neighbors who have attempted to sell their houses have had negative feedback related to these items as well as the scho1 district serving our area. Additionally, the city of Dacono has much less infrastructure (no library or public schools within its boundaries) than surrounding cities, which affects property values. I believe these items along with the documentation provided should be taken into account when valuing our property. Based on the enclosed listings and the items mentioned in the previous paragraphs, I propose that our property value should be $65O,000. This proposed value equates to S204021/sc0 ft. which is more than the average of the listed comps and more than the adjacent property. I would appreciate your re-evaluation of the property value for our property. Thank you for your time and consideration. Estimate of Market Value for 2019 Property Tax Valuation Address: 2600 County Road 13, Brighton, CO 80603 Appraisal Period: 1/1/2017 - 6/30/2018 Comparable Properties: Location 35081 CORNERSTONE WAY 35475 COUNTY ROAD 43 960 HILLTOP DR 37028 SOARING EAGLE CIR 8416 SHIRE RD 567 SANDI LN 6303 ASHCROFT RD 2688 GRACE WAY 9264 COUNTY ROAD 55 3766 VALE VIEW LN 4509 COUNTY ROAD 65 15812 COUNTY ROAD 25 39231 RANGEVIEW DR 4502 MEADOW LARK RD 3636 VALE VIEW LN 1268 HILLTOP CIR 3635 VALE VIEW LN 2301 59TH AVENUE CT 3985 COUNTY ROAD 31 32708 BRAVO POINT WAY 13844 COUNTY ROAD 7 WELD WELD WINDSOR SEVERANCE WELD DACONO GREELEY WELD WELD MEAD WELD WELD SEVERANCE WELD MEAD WINDSOR MEAD GREELEY WELD WELD WELD Selling Price $ 576,000 $ 405,000 $ 628,000 $ 590,000 $ 345,000 $ 379,900 $ 681,500 $ 845,000 $ 600,000 $ 1,100,000 $ 540,000 $ 690,000 $ 870,000 $ 610,000 $ 946,500 $ 630,000 $ 1,055,000 $ 630,000 $ 480,000 $ 625,000 $ 500,000 Finished Square Ft 2,561 3,096 3,611 2,798 2,541 2,863 3,723 4,147 3,070 4,229 2,720 4,139 3,680 3,702 4,162 2,714 6,743 3,350 2,812 3,561 3,450 Avg. Cost/sq. ft. for 21 Comparable Listings Square Footage for 2600 WCR 13 (as per valuation statement) Estimated Market Value of 2600 WCR 13 based on Comparable Properties Comparable Sales Data From: Cost/sq ft $ 224.91 $ 130.81 $ 173.91 $ 210.86 $ 135.77 $ 132.69 $ 183.05 $ 203.76 $ 195.44 $ 260.11 $ 198.53 $ 166.71 $ 236.41 $ 164.78 $ 227.41 $ 232.13 $ 156.46 $ 188.06 $ 170.70 $ 175.51 $ 144.93 $ 186.32 3,183 $ 593,071 https://www.co.weld.co.us/apps1/assessor/sales data/ Acres Sale Date 3.66 Jan -17 3.01 Feb -17 2.02 Mar -17 2.03 Mar -17 4.01 Apr -17 15.54 Apr -17 2.08 Apr -17 2.50 Apr -17 25.00 Apr -17 2.60 Jul -17 5.00 Jul -17 8.79 Aug -17 5.67 Aug -17 4.58 Sep -17 2.52 Sep -17 2.37 Sep -17 3.88 Feb -18 2.50 Mar -18 4.33 Mar -18 2.26 Jul -18 3.05 May -18 July 22, 2019 Petitioner: LINKUS DUANE T 2600 COUNTY ROAD 13 BRIGHTON, CO 80603-9019 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 2019, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2019-2761, AS0103 Appeal 2008224447 Hearing 7/25/2019 1:00 PM Account(s) Appealed: R8931400 Dear Petitioner(s): The Weld County Board ofEqualization has setadate ofJuly 25, 2019, atorabout the hour ofl :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 aright toattend this hearing and present evidence insupport ofyour petition. The Weld County Assessor orhis designee will be present. The Board will make itsdecision onthe basis of the record made atthe aforementioned hearing, as well as your petition, so itwould be inyour interest tohave arepresentative present. Ifyou plan tobe represented byanagent oranattorney atyour hearing, prior tothe hearing you shall provide, inwriting tothe Clerk tothe Board's Office, an authorization forthe agent orattorney torepresent you.Ifyou donotchoose toattend this hearing, adecision will still bemade bythe Board bythe close ofbusiness onAugust 5,2019, and mailed to you within five (5) business days. Because ofthe volume ofcases before the Board ofEqualization, most cases shall belimited to10 minutes. Also due tovolume, cases cannot be rescheduled Itisimperative that you provide evidence tosupport your position. This may include evidence that similar homes inyour area are valued less than yours oryou are being assessed onimprovements you donothave.Please note The fact that your valuation has increased cannot be your sole basis ofappeaL Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. Ifyou wish todiscuss your value with the Assessor's Office, please call them at(970) 400-3650. If you wish toobtain thedata supporting theAssessor's valuation ofyour property, please submit a written request tcassessor@weldgov.com. Upon receipt oVourwritten request, theAssessor will notify you ofthe estimated cost ofproviding such information. Payment must bemade prior tothe Assessor providing such information, aWhich timetheAssessor willmake thedataavailable within three (3) working days, subject to any confidentiality requirements. Please advise me ifyou decide not to keep your appointment as scheduled. Ifyou 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 Danes, Assessor Hello