HomeMy WebLinkAbout20194060.tiffPETITION TO STATE BOARD OF ASSESSMENT APPEALS
1313 Sherman Street, Room 315 Phone: 303-864-7710
Denver, Colorado 80203 Fax: 303-864-7719
RECEIVED
SEP 0 9 20ia
WELD COUNTY
COMMISSIONERS
Property Owner: Rush Truck Centers of Colorado Inc
Date: 09/04/2019
For Office Use Only
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Docket No.
Fee: Y
Check/Credit Card #1
Payment Trans #:
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Subject Property: 26959 47 CR, Kersey
Schedule Number(s): R6783222
Appeals the decision of the Weld County Board of Equalization
This appeal is: Valuation/Protest Appeal
The subject property is currently classified as: Commercial
Actual Value assigned to the subject property$6,788,000 Petitioner's estimate of value:$4,832,024
Estimated time for Petitioner to present the appeal: 4 hours.
Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator.
Appearance:
Petitioner will be represented by an agent Agent would like to appear in person
Dated: 08/06/2019
Tax Year(s): 2019
If the property owner is an entity, it must appear under the representation of an attorney licensed in Colorado except as follows. A closely held
entity may be represented by an officer of the entity as long as the amount in controversy does not exceed $15,000, exclusive of costs, interest or
statutory penalties. A closely held entity can have no more than three owners. See Section 13-1-127, C.R.S. A closely held entity that will be
represented by an officer of the entity must provide a letter to the Board with this petition stating that it has no more than three
owners and that the tax amount at issue does not exceed $15,000. A trust filing a petition may be represented by a trustee, an attorney or
an agent.
Filling Fee:
$101.25
Petitioner will be represented by an agent or by an attorney.
In the space below, please explain why you disagree with the value assigned to the subject property
The property is valued in excess of fair market value based on the three approaches to value. In addition, the property is
valued in excess of other similarly situated properties.
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September 5, 2019
To: Weld Board of Equalization
P. O. Box 758
Greeley, CO 80632
Re: 2019 Property Protests
RECEIVED
SEP 0 9 2019
WELD COUNTY
COMMISSIONERS
Enclosed are copies of the 2019 appeals that were E -Filed to the BAA:
Taxpayer Parcel
Centerplace of Greeley III LLC R4997408
Rush Truck Centers of Colorado Inc R6783222
SPT Ivey Greeley MOB LLC R7430598
SPT Ivey Greeley Cottonwood MOB LL ; R7193998
7979 E. Tufts Avenue
Stanford Place II
Suite 1500
Denver, CO 80237
Tel. 720.524.0022
www.ryan.com
If you have questions, or need additional information, please contact Mr. Matthew Poling at
(720) 524-0022.
Sincerely,
Audria Eisenach
Senior Analyst
Enclosures
Documents attached to this petition:
County Board of Equalization Appeals
The Assessor's Notice of Determination
The Decision of the County Board of Equalization
Additional Documentation
Notarized Letter of Authorization
Certificate of Service
I certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments
were mailed, faxed or hand delivered to the County Board of Equalization, the Board of County Commisioners or the State
Property Tax Administrator who made the decision relating to this appeal and to all co -owners or parties directly interested in
the subject property on the date I submitted the Petition to the State Board of Assesment Appeals.
ATTESTATION
I understand that in accordance with Sections 18-8-503 and 18-8-501(2)(a)(I), C.R.S., false statements made herein are
punishable by law. I state under penalty of perjury in the second degree, as defined in Section 18-8-503, C.R.S. that:
I am the owner of the property that is the subject of this appeal, or I am the authorized agent or attorney for the
owner of the property that is the subject of this appeal; and
The information in this Petition to the State Board of Assessment Appeals (including all attachments) is true and
correct to the best of my knowledge and belief.
I understand that, upon acceptance by the Board of Assessment Appeals, I will need to pay the required filing fee associated
with this Petition, if any.
I understand that no further changes can be made to the Petition or attachments, unless corrections are required by the
Board of Assessment Appeals.
I understand my obligation to mail, fax or hand deliver a true and correct copy of the Petition (including all attachments) to
the County Board of Equalization, the Board of County Commissioners or the State Property Tax Administration who made
the decision relating to this appeal and to all co -owners or parties directly interested in the subject property. I will mail, fax
or hand deliver the Petition (including all attachments) on the date I submit the Petition to the Board of Assessment Appeals.
Petitioner's mailing address is required even if Petitioner is represented by an agent or attorney.
Signature of Agent
Ryan LIc
Company Name
Ryan LIc - Audria Eisenach
Printed Name
7979 E. Tufts Avenue
Mailing Address
Denver, CO 80237
City, State, Zip Code
Telephone: 720-524-0022
Email: audria.eisenach ut?,ryan.com
Signature of Petitioner
Rush Truck Centers of Colorado Inc
Property Owner
Will Frey
Printed Name
555 IH-35 South, #500
Mailing Address
New Braunfels, TX 78130
City, State, Zip Code
Telephone: 830-626-5258
Daytime number
Email:
It is the Petitioner's responsibility to notify the BAA of
any change of address.
Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to
completing this Petition Form. The Instructions and Rules are available on the Web at www.dola.Colorado.gov/baa or may
be requested by phone at 303-864-7710.
August 6, 2019
Agent:
RYAN
7979 E TUFTS AVE SUITE 1500
DENVER, CO 80237-2843
Petitioner:
T-A-Lsk -60 Not- of — 2,
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CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldqov.com
1150 O STREET w 5
P.O. BOX 758
GREELEY CO 80632
RUSH TRUCK CENTERS OF COLORADO
INC
555 S INTERSTATE 35 STE 500
NEW BRAUNFELS, TX 78130-4889
RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2019-3201 Appeal 2008224987 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. §39-8-101et 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
R6783222 Deny - Administrative Deny
$6,788,000 $6,788,000
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)(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) 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
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
Rwsh._ 661,(D1 (Q7G GcL�(eL7
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NOTICE OF DETERMINATION
COMMERCIAL
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
R6783222
Date of Notice: 6/25/2019
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
TAX YEAR
TAX AREA
LEGAL DESCRIPTION! PHYSICAL LOCATION
2019
4039
RUSH TRUCK CENTERS OF COLORADO INC
555 S INTERSTATE 35 STE 500
NEW BRAUNFELS, TX 78130-4889
L1 HWY 34 TRANSPORTATION CENTER RPLT
26959 COUNTY ROAD 47 KERSEY
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
6,788,000
6,788, 000
TOTAL
6,788,000
6,788,000
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based on
the following:
CM05 - The law requires that data from Jan 2017 to June 2018 be used to establish current values.
We have considered all three approaches to value and we have denied your appeal based upon this
data.
If you disagree with the Assessor's decision, you have the right to appeal to the County
Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S.
The deadline for filing real property appeals is July 15.
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies. The mill levy requested by each taxing
authority is based on a projected budget and the property tax revenue required to adequately fund
the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall.
If you are concerned about mill levies, we recommend that you attend these budget hearings.
Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities.
Please refer to the reverse side of this notice for additional information.
Agent (If Applicable):
RYAN
7979 E TUFTS AVE SUITE 1500
DENVER, CO 80237-2843
15-DPT-AR
PR 207-08/13
R6783222
Rush Enterprises, Inc. - OWNED —D—
CO - 1402 - RTC Greeley- OWNED
County Board of Equalization Hearings will be held from
July 25th through August 5th at 1150 O Street.
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown
below, and mail, file online, or deliver a copy of both sides of this form to:
Weld County Board of Equalization
1150 Q Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: www.co.welq.co.us/arms1/thoe/
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 15 for real property after such date, your right to
appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we
recommend that all correspondence be mailed with proof of mailing.
You will be notified of the date and time scheduled for your hearing. The County Board of
Equalization must mail a written decision to you within five business days following the date of the
decision. The County Board of Equalization must conclude hearings and render decisions by August
5, § 39-8-107(2), C.R.S. if you do not receive a decision from the County Board of Equalization and
you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by
September 10, § 39-2-125(1)(e), C.R.S.
If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your
appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of
the following:
Board of Assessment Appeals District Court
1313 Sherman Street, Room 315 Contact the District Court in the County
Denver, CO 80203 where the property is located. See your
(303) 866-5880 local telephone book for the address and
www.dola.coiorado.gov/baa telephone number.
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document
falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed
on the next business day, § 39-1-120(3), C.R.S.
R6783222
PETITION TO COUNTY BOARD OF EQUALIZATION
What is your estimate of the property's value as of June 30, 2018? (Your opinion of value in terms of a
specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.)
$ 482,024
What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original
installed cost, appraisal, etc.)
The subject property is values in excess of fair market value based on the three approaches to value: cost,
market and income. In addition, the property is valued in excess of other similarly situated properties.
ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
and on any.attaare true and complete.
303.222.1858
Signature Ryan, LLC c/o M it S 11ing Telephone Number
matt.selling@ryan.com
Email Address
' Attach letter of authorization signed by property owner.
07/15/2019
Date
15-DPT-AR
PR 207-05/13
84715207
LETTER OF AUTHORIZATION
FOR PROPERTY TAX REPRESENTATION
Rush Truck Centers of Colorado Inc
Property Owner
R6783222
26959 47 CR
Subject Property
Weld County CO
Jurisdiction and State
All
Year
This letter authorizes Ryan, LLC and its affiliate, Ryan Tax Compliance Services, LLC to
represent the above -named property as its property tax agent in the jurisdiction and state
named above. This authorization includes, but is not limited to: filing property renditions or
returns; signing and filing appeals; examining property tax records; and, appearances before the
assessor, boards of equalization or review, or other governmental agencies responsible for the
assessment of property.
A copy of any application or appeal attached to this authorization has been provided to the
undersigned property owner. A facsimile or scanned image of a signature below shall constitute
an original signing of this authorization and the document containing the original signature will
be submitted upon request.
This authorization shall remain effective as long as permitted by law or until revoked in writing
by the owner. The person signing below certifies that they are a duly appointed officer,
representative or agent of the owner and that they have the legal capacity to execute this
authorization.
Prop1 . O
Signature
Printed Name Date
Title
Sworn and subscribed before me this day of �� 2017.
CYNTHIA SHEDD
Notary Public
STATE OF TEXAS
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