HomeMy WebLinkAbout20193223.tiffAugust 2, 2019
Petitioner:
WESTLAKE ALF PROPERTIES II LLC
C/O CHARLES T MCGALDE
400 INTERNATIONAL WAY STE 170
SPRINGFIELD, OR 97477-7006
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 2019-3223 Appeal 2008225017 Hearing 8/2/2019 9:00 AM
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
R4966208 Deny - Denied in Full
$291,264 $291,264
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
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
/zti.L.14.}}"tom
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
Valuation Report
of
Commercial Property
for
County Board of Equalization
WESTLAKE ALF PROPERTIES II LLC
Petitioner
vs.
Weld County Assessor's Office
Respondent
Docket Number: 2019-3223
Parcel Number: 0959-12-3-37-002
Schedule Number: R4966208
Appeal Number: 2008225017
Date: 8/2/2019
Time: 9:00 AM
Board: 1
Prepared By
Wade Melies
Assessor's Office Staff Appraiser
Assessor's Indicated Value
VACANT LAND $291,264
TOTAL: $291,264 Or $4.17 per SF
Salient Facts and Conclusions
Purpose of Appraisal To determine Market Value as of 1/1/19 based on
an appraisal date of 6/30/18.
Property Rights Appraised Unencumbered fee simple interest.
Location
Land Area 69,847
Property Type Vacant Land
Final Value $291,264 Or per $4.17 SF
Map of Subject
Neighborhood
Market Approach Summary
Real Property for the tax year 2019 must be valued utilizing data for the period one and one-half years
immediately prior to June 30, 2018. If comparable valuation data is not available from such one and one-
half year period to adequately determine the level of value for a class of property, the period of five years
immediately prior to June 30, 2018 shall be utilized to determine the level of value.
The Assessor has appropriately considered the Market Approach to value for the property on appeal.
The Sales Comparison Approach was considered in developing a market value for the Subject. Sales used
to establish a market value for the tax year 2019 are from January 1, 2017 through June 30, 2018.
Pursuant to 39-1-104 (10.2)(c) C. R. S., the Assessor may utilize sales five years prior to June 30, 2018 to
establish the proper value. All sales have been confirmed and verified through transfer declarations as
well as interviews with buyers, sellers or their representatives to the sale. All sales used are arm's length
transactions, and considered to be the most comparable properties sold in relationship to the Subject
property.
Market Comparables
Subject R496620S 69,547
I
Sales Account # Size Sale Date Sale Price Sale per SF Size Adjustment
Comp 1 � R2998104 245.636 5/31/2018 $815.000 53.32 increase
Comp 2 81096996 246.689 4/30/2018 5863.400 53.50 increase
Comp 3 8221186 43,560 3/2812017 $166.000 53.81 decrease
Comp 4 82473586 19,166 1/7/2016 5281,000 $14.66 decrease
Comp 1 is much larger than the subject is near Centerplace Shopping Center.
Comp 2 is much larger than the subject and south of 10th Street at 42th Avenue, behind Bank of
the West
Comp 3 is smaller than the subject and is an infill lot on the south side of 16th Street
approximately 2 blocks west of 28th Avenue
Comp 4 is smaller than the subject and located less than a block from the subject south of 20th
Street on the west side of 35th Avenue.
After adjustment for size these sales support $4.17 per square foot.
Value As Indicated By Market
Approach $291,264 or $4.17 per SF
Sole Maps
Conclusion
Real property for tax year 2019 must be valued utilizing the level of value for the period of one and one-
half years immediately prior to July 1, 2018. Except that, if comparable valuation data is not available
from such one -and one -half -year period to adequately determine the level of value of a class of property.
The period of five years immediately prior to June 30, 2018 shall be utilized to determine the level of
value. Said level of value shall be adjusted to the final day of the data gathering period. Changes
occurring between base years are not to be accounted for until the following level of value is
implemented, other than additions, change in use, detrimental acts of nature, damage due to fire, etc., or
creation of a condominium, or any new regulations restricting or increasing the use of the land, or a
combination thereof. {39-1-104(11)(b)(1) C. R .S.}
The subject property has been classified as Commercial Property for assessment purposes. Commercial
property value shall be determined by appropriate consideration of the Cost Approach, Market
Approach, and Income Approach to value. {39-1-103(5)(a) C. R. S.} The Assessor has considered all three
approaches to value for the subject parcel on appeal.
Final Reconciliation
After consideration of the cost, market and income approaches, it is the Weld County Assessor's opinion
that the value of $291,264, most accurately reflects the value of the subject property in Weld County for
the 2019 tax year.
Market Approach
$291,264
$4.17per SF
Assessor's Indicated Value
VACANT LAND $291,264
TOTAL: $291,264 Or $4.17 per SF
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
NOTICE OF DETERMINATION
RECEIVED
WELD COUNTY
COMMISSIONERS
re, Vile 47
Date of Notice: 6/25/2019
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM - 5:00PM
ACCOUNT NO.
TAX YEAR
TAX AREA
LEGAL DESCRIPTION! PHYSICAL LOCATION
R4966208
2019
0600
GR WC L2 WESTLAKE COMMONS MINOR SUB
PROPERTY OWNER
WESTLAKE ALF PROPERTIES II LLC
CIO CHARLES T MCGALDE
400 INTERNATIONAL WAY STE 170
SPRINGFIELD, OR 97477-7006
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO .
REVIEW i
ACTUAL VALUE AFTER
REVIEW
VACANT LAND
291,264
291,264
TOTAL'
291,264
291,264
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:
LNO3 - A review of the market value of land in your neighborhood indicates your land valuation is
correct.
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):
15-DPT-AR
PR 207-08/13
R4966208
2019-3223
^50103
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 25'" through August 5"' 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 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: www.co.weld.co.uslappslfcboel
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.dolacolorado.govibaa 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.
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.)
$ 13S,alt341. O
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.)
~ _'!)tom k1U 1.) Qom- ,'e J 6,1
Date
O11-5 - 7/3- 42 73
Signature
Cc fad r,d
Email dress
Telephone Number
(NC- Con—
' Attach letter of authorization signed by property owner.
zz) C7
15-DPT-AR
PR 207-08/13
R4966208
ATTESTATIO
I, the undersigned owner or agentl of the property identified above, affirm that the statements contained herein
and on any attachments hereto are true and complete.
Ridgeline Properties, LLC
400 international Way, Suite 170
Springfield, OR 97477
E..NE. -OR -974
Pe411 ("1624 bw/i4r04r%Lr4,4,
f7O �c5x. 75?
Gireel Co St6L1
July 26, 2019
Petitioner:
WESTLAKE ALF PROPERTIES II LLC
C/O CHARLES T MCGALDE
400 INTERNATIONAL WAY STE 170
SPRINGFIELD, OR 97477-7006
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 2019-3223, AS0103 Appeal 2008225017 Hearing 8/2/2019 9:00 AM
Account(s) Appealed:
R4966208
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 2, 2019, at or about the hour of
9:00 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, 2019, 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 to assessor@weldgov.com. Upon receipt ofyourwritten 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
LPLIs./o:yf G'i.
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Danes, Assessor
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