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Home My WebLink About20192661.tiffAugust 6, 2019 Petitioner: SWARTZ INDUSTRIES INC 4224 STARFLOWER DR FORT COLLINS, CO 80526-4150 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 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-2661 Appeal 2008224340 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 R4259006 Stipulated - Approved $220 $145 Stipulated Value 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 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 R4259006 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Swartz Industries Inc. 4224 Starflower Dr Fort Collins, CO 80526-4150 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: PT SW4 13-2-65 BEG C4 COR SEC S940' N89D44'W 320' N07D47'E 941' E190' TO BEG 2. The subject property is classified as Agriculture property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 Total $220 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 $145 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: Corrected Parcel from 8.22 to 5.50 acres per survey from owner. 7. Both parties agree that: nThe hearing scheduled before the Board of Equalization on at be vacated. I71A hearing has not yet been scheduled before the Board of Equalization. 1 aot9-aCoco ASoto3 DATED this 8th day of July , 2019 Petitioner(s) or Agent or Attorney Address: 4224 Starflower Drive Fort Collins, Co 80526 Telephone: (720) 840-1038 Docket Number R4259006 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 R4259006 / Swartz Industries Final Audit Report 2019-07-09 Created: 2019-07-08 By: Duane Robson (drobson@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAwYCrhF-xJVMgcg0NnTWvBvWg1UzYzWxV "R4259006 / Swartz Industries" History "` i Document created by Duane Robson (drobson@co.weld.co.us) 2019-07-08 - 4:23:41 PM GMT- IP address: 204.133.39.9 D Document emailed to Duane Robson (drobson@co.weld.co.us) for approval 2019-07-08 - 4:23:42 PM GMT 6o Document approved by Duane Robson (drobson@co.weld.co.us) Approval Date: 2019-07-08 - 4:24:14 PM GMT - Time Source: server- IP address: 204.133.39.9 E1 Document emailed to Hali Taylor (htaylor@weldgov.com) for approval 2019-07-08 - 4:24:16 PM GMT t Email viewed by Hali Taylor (htaylor@weldgov.com) 2019-07-08 - 4:24:29 PM GMT- IP address: 204.133.39.9 E`- Document approved by Hali Taylor (htaylor@weldgov.com) Approval Date: 2019-07-08 - 4:26:40 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-08 - 4:26:41 PM GMT fJ Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-08 - 4:28:34 PM GMT- IP address: 204.133.39.9 ea Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-08 - 4:32:59 PM GMT - Time Source: server- IP address: 204.133.39.9 C-14, Document emailed to Robert Swartz (swartzindustries@gmail.com) for signature 2019-07-08 - 4:33:00 PM GMT f Email viewed by Robert Swartz (swartzindustries@gmail.com) 2019-07-08 - 5:21:38 PM GMT- IP address: 66.102.6.42 Adobe Sign 6e Document e -signed by Robert Swartz (swartzindustries@gmail.com) Signature Date: 2019-07-08 - 5:31:09 PM GMT - Time Source: server- IP address: 98.245.149.23 E, Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-08 - 5:31:11 PM GMT t Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-09 - 5:47:10 PM GMT- IP address: 204.133.39.9 Je Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-09 - 5:47:36 PM GMT - Time Source: server- IP address: 204.133.39.9 Signed document emailed to canaya@weldgov.com, Robert Swartz (swartzindustries@gmail.com), Hali Taylor (htaylor@weldgov.com), Duane Robson (drobson@co.weld.co.us), and 2 more 2019-07-09 - 5:47:36 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: Robert Swartz Contact Email: swartzindustries@gmail.com Contact Phone: 720-840-1038 Appeal Submitted: 04:45 PM July 03, 2019 Appeal submitted for: R4259006 - SWARTZ INDUSTRIES INC Legal: PT SW4 13-2-65 BEG C4 COR SEC S940 N89D44 W 320 N07D47 E 941 E190 TO BEG Reason: Value Too High - While discussing this parcel's valuation with Hali Taylor at Weld County I learned that the County lists this parcel as containing 8.2 acres. This is incorrect. The actual acreage for this parcel is 5.5 acres according to both the title work and the most recent survey in 1992. I forwarded that survey to Ms. Taylor. The value of this parcel needs to be recalculated at 5.5 acres instead of the 8.2. Thank You. Estimate of Value: $105.00 Document(s) Submitted: Account: All Accounts - Letter of Authorization 5.28.19.pdf Account: All Accounts - Valuation Summary Map.pdf Account: R4259006 - R4259006_INITIAL PROTEST.pdf Account: All Accounts - Farm Survey 6.8.1992.pdf You have selected the following Date Preferences: 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 2019-2661 A50103 Thank you for submitting an appeal to the Weld County Assessor's Office. We will review the information submitted and if we have questions we will contact you at one of the following: Contact Information: Contact Name: Robert Swartz Contact Email: swartzindustries@gmail.com Contact Phone: 720-840-1038 Appeal Submitted: 08:23 AM May 28, 2019 Appeal submitted for: R4259006 - SWARTZ INDUSTRIES INC Legal: PT SW4 13-2-65 BEG C4 COR SEC S940 N89D44 W 320 N07D47 E 941 E190 TO BEG Reason: Value Too High - This parcel is valued too high when compared to similar parcels in the same area and their associated values...specifically parcels R8955146, R8955145, and R6781099. This particular parcel is almost identical to those three listed above, both in geographic features, location, and use as dry land agriculture and is currently under a long-term grazing contract. Being identical, all of these properties should have similar value. I used all of this information to calculate the estimated value. Estimate of Value: $105.00 Document(s) Submitted: Account: All Accounts - Letter of Authorization 5.28.19.pdf Account: All Accounts - Valuation Summary Map.pdf The Appeal process can take several weeks for us to complete. We will mail a decision on your appeal by June 30th for real property and by July 10th for business personal property and/or oil and gas. We thank you for your submittal. Weld County Assessor's Office (970) 400-3650 Letter of Authorization for Property Tax Matters I/We, the undersigned, as the owner of the property listed below located in Weld County, delegate the agent listed below full authority to handle all matters relative to assessments and to represent me/us, with the assistance of legal counsel if necessary, in the appeal process for taxyear 00 19 . i1 bbd � P. Agent Name All correspondence regarding my/our appeal of the value of the property listed below should be directed to: G\Da-f-A- lam• •G47- Dhve R. Cc,C ( r fs- X05; -C 7R) " >/-4O ' 6r S W a rrZi 4\9V I �� y r 1, 1 Owner Information: Property Owner Name Tv\ u S Ie5 ev- Property Owner Sign ture Date Please Print Property Information (Please attach additional sheets as necessary) 1. Parcel # and/or Account # R44 a5'06. Property Address- ft ecc-e_)(e'vi -F RE -1/ O7 2. Parcel # and/or Account # I( i (0 f Property Address L-&4- {/ gfc )e.ev113- 21:6-Y !, I - CX)�6 3. Parcel # and/or Account # e.5'573(4 Property Address *4- A 62cc C:),,,,y-f- 1:T.::&x (g _0(6), 4. Parcel # and/or Account # R .-157 36 Property Address /-o{-- Q RcC `O(o2 5. Parcel # and/or Account # 5S /3 Property Address /�+ (3 12 -cc- Exert [ZE-Gk - I I I 6. Parcel # and/or Account # s531 Property Address Jai {4 t2 Fyemp+ EEoe. cy'(J 7. Parcel # and/or Account # RgL/6,,71 3 Property Address (/9 Pee_ (`yam, -� RC- 6> 11 -- 0027 8. Parcel # and/or Account # R.Lf5cfc,06 Property Addresai- SWy 13'; V, 6-4 (or <ec- /653c0) 144'w 3P6' NU7D/-(7'� �y1'El4b'3 RI" S 8: 092•fx p 56 es 2 S LOT A (REC EX NO 1307- 13 4-RE680) 35 ACRES /- DETAIL —Nrs g! • /rO~�\ 09.0 19.00° 00 04 50 E R mll � IL WELD GAS LINES L NO0 09 .0 E — 265• x2 mO PARCEL TWO _- COLON 602 PAGE TR OM 22 9201 a o 5 50 ACRES / $6 •0 1.14 tOr. 2. roa012511. TOLF...1 or RA70..0 corm orrtmostruA•TIorl To I/4 omen 00 Rm. moo TO in will. • 4030.L or Loss riM o or • port COUNTY 'c't 04994 DF PGA ROA � inAVELF01 / / / ROAD _49 (L \ l' 1102 L _ 262E 72 RIGOR y SECTION COMM DESCRIBED AS SHOW • POINU CORNER DFSCR190D IS SI C O SET 110a^ ELAR 5101 SII VE0 PLASTIC CAP L Y NO 2!011 TWIRE VENCE - OVFRLIGO ELECTRIC Pdto TRANSMISSION LINE — 0 — PANHAN015 ROTOR PIPE LINE IGA6 LINEN DIRT PIRO ROAD _ i 01.50 PARCEL THREE 40 J(ON 120000 B REC EXE�E� NO 1307- 24- I -RE 1154 I 9[coxo(0 PDBR Ono NEC No 320956, Amman 0901 I 64 II ACRES /-,,11,^, 1` �t� . �C Q�as p I • G. LINE' f [NMI, 400117 35 Pt 263002 75 wvri snit °'NOCr EASO.IENT 1850. M,RTn 6I16, .9e. } MR :OM SERME CO AMMC 10 / ncc[ss ev evv cries O �///444 F%�RCEL FOUR / E-IZONE �� / _ _ _ / 1 /55/71 I/ (oOT BeRoo,Ci: EXN0 1307 x 442.2,RE 12701 N 6ElOW�ONE 41 w� 1/8145 ACRES /- Iwc c00N[0 M RIM OCR 0000. IA 00.0 r0020 00 NDASIwcnE 'N ), z�o7 000. UTE MA C0MORT) 0[Nv°i "A"1: °Oir wmp • no risonITS 15 MATED MITII5 LON • 07.5 or 0.1.4.0, DM 1,60 ELEVATIONS .0 PLC. ME•mo 1.70. Nor DARIANIMM .0 IMPLY IN NOS C 10.110.1 NO0 19 21 E — 26•• 62 .11 LOT A ( RE 1270 ) 2 5 ACRES 00 2557 E-265972 Coe co•MO 52 5G mt °a n n5eaPT '16 .209 55 0° 0 qq\\ D != ACRES / �n ' � • • � GgIMIr NOD �uLD DFC 9 Qe 00 5' I NC`A IV"Q�M P[vONI° 9!!OT 1 OSY. ( 47 1 /2 "I9°o"! ' L PEGLv110N N CODNti ROAD, cuC colnul ED ON WELL 00SAL DESCRIPTION TM IORT1WPSTT11/• Cr T`Ei130100600T Or SECTION 2[ HAT R'1 NOM RANGE ..O I. NELD CORM cOlORADO BEING PORE 'IA PRINCIPAL ID TIE CLIR. 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