HomeMy WebLinkAbout20192782.tiffAugust 6, 2019
Petitioner:
BIRD FAMILY LLC
C/O CAPCO
1011 MCKINLEY AVE
FORT LUPTON, CO 80621-2624
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBS ITE: 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 2019-2782 Appeal 2008224522 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
R6117786 Stipulated - Approved $393,000 $385,000
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
aLtO.IG'G.
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 R6117786
STIPULATION (As To Tax Year 2019 Actual Value)
RE PETITION OF :
NAME: Bird Family LLC
ADDRESS:
1011 MCKINLEY AVE
FORT LUPTON, CO
80621-2624
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:
FTL 15172-J L19-20-21 BLK2 AICHELMAN SUB
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 $393,000
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2019 actual value for the subject property:
Total $385,000
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:
Owner and I agreed to stipulate to this value after looking at one sale that
closely represented the subject.
7. Both parties agree that:
nThe hearing scheduled before the Board of Equalization on
at be vacated.
71A hearing has not yet been scheduled before the Board of Equalization.
1
0019- P 145O
/4\50103
DATED this Sixteenth day of July , 2019
Harold W Bird
Harold Vv. Bird .Jul 18.20191
Petitioner(s) or Agent or Attorney
Address:
1o895 Wind Dancer Rd.
Cheyenne, Wy.
82009
Telephone: 307-635-2841
Docket Number R6117786
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
R6117786 / Bird
Final Audit Report
2019-07-18
Created: 2019-07-16
By: Duane Robson (drobson@co.weid.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAHS54L469du6HEBhTO9dgWDduJ82FCzGl
"R6117786 / Bird" History
Document created by Duane Robson (drobson@co.weld.co.us)
2019-07-16 - 8:44:51 PM GMT- IP address: 204.133.39.9
Document emailed to Duane Robson (drobson@co.weld.co.us) for approval
2019-07-16 - 8:44:53 PM GMT
e Document approved by Duane Robson (drobson@co.weld.co.us)
Approval Date: 2019-07-16 - 8:45:02 PM GMT - Time Source: server- IP address: 204.133.39.9
Document emailed to Hali Taylor (htaylor@weldgov.com) for approval
2019-07-16 - 8:45:03 PM GMT
In Email viewed by Hali Taylor (htaylor@weldgov.com)
2019-07-16 - 8:45:48 PM GMT- IP address: 204.133.39.9
Document approved by Hali Taylor (htaylor@weldgov.com)
Approval Date: 2019-07-16 - 8:48:27 PM GMT - Time Source: server- IP address: 204.133.39.9
w Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature
2019-07-16 - 8:48:29 PM GMT
11- Email viewed by Brenda Dones (bdones@co.weld.co.us)
2019-07-16 - 10:08:06 PM GMT- IP address: 204.133.39.9
L115 Document e -signed by Brenda Dones (bdones@co.weld.co.us)
Signature Date: 2019-07-16 - 10:09:33 PM GMT - Time Source: server- IP address: 204.133.39.9
E� Document emailed to Harold W. Bird (billandlizbird@gmail.com) for signature
2019-07-16 - 10:09:34 PM GMT
J Email viewed by Harold W. Bird (billandlizbird@gmail.com)
2019-07-17 - 3:43:38 PM GMT- IP address: 66.249.84.170
o
Adobe Sign
Document e -signed by Harold W. Bird (billandlizbird@gmail.com)
Signature Date: 2019-07-18 - 3:07:51 PM GMT - Time Source: server- IP address: 47.28.221.152
P. Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature
2019-07-18 - 3:07:52 PM GMT
t Email viewed by Karin McDougal (weld-cboe@weldgov.com)
2019-07-18 - 3:16:44 PM GMT- IP address: 204.133.39.9
Document e -signed by Karin McDougal (weld-cboe@weldgov.com)
Signature Date: 2019-07-18 - 11:44:14 PM GMT - Time Source: server- IP address: 204.133.39.9
e) Signed document emailed to canaya@weldgov.com, Hali Taylor (htaylor@weldgov.com), Karin McDougal
(weld-cboe@weldgov.com), Harold W. Bird (billandlizbird@gmail.com), and 2 more
2019-07-18 - 11:44:14 PM GMT
Adobe Sign
** INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY "*
TIME RECEIVED REMOTE CSID
July 10, 2019 at 3:59:11 PM MDT
DURATION PAGES STATUS
73 1 Received
Nov 01 18 11:31p
APPEAL PROCEDURES
p.l
RECEIVED
JUL 11 2019
-WELD-COUNTY
County Board of Equalization Hearings will be held from COMMISSIONERS
July 25th through August 5th at 1150 0 Street.
To appeai the .Assessors decision, complete the Petition to Inc 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 753
Greeley. CO 80631
Telephone- (970) 356-4000 ext. 4225
Online. c-O.',VEid.co,etiapo. 3. C1`Oei
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 fiied a timely aooeal' therefore. we
recommend that ail correspondence be mailed with proof o₹ mailing.
You will be notified of the dare and time scheduied for your hearing. The County Boar0 of
Equaiizai:o_ n must mail a written decision to you within five business days following the date of the
Dectsior, r he County Board of Equalization must conclude bearings end render :decisions by August
ust
5, 39-8-tO7(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), O.R.S.
If you are dissatisfied with the County Board of Equalization's decision and you wise; to continua your
appear, 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
13-13 Sherman Street, Room 315 Contact the District Court in the County.
Denver. CO 80203 where the property is located. See your
(303) 866-5880 lot^cil to ephone book for the address end
www.dola polo redo q v/bat 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 dale Tor firing any repor₹.schedule, aem. 'r"r. 'r trim 3. statement. :.
Cl' Y xb'r?: rEY17ii,..'l1lL ;lrF•!'document
fails upon a Saturday Sun!t a i 1.+ be � of
a,. i.!� legal i0i%G�j� shall � Errt��d ! have beer! ti. n.ry ~Mad if filed
on t`e next „ usrt osa day.. 39•-1-12.0(.33. 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 iue in terms of
specific, dnlier amount is required for real property pursuant to
5 3i o
What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as .rte ssar4' and any suppohinq documentation. i.e.. comparable sates rent roil original
ialiec �. epnraisai. etc C /
ALL.194 L��c, 5� t S ��t ��r U l Lr l q 2L :c,,„
-\,(6t.),!` A 1 ��i c s& � rte P � C,44
_ �� t:�kE56.•
L. ATTESTATION
the undersigned owner or agent' of the property identified above affirm that the statements contained herein
-nd en any afitachmerts hereto are true and complete.
Signature Telephone Number
),..3Iii L, co n`
17: rr;21i Address
n Gc �L R.,.._61177
Attach letter of authcri7ation signed by property owner.
JUL 10 2019
WELD COUNTY ASSESSOR
GiEELEY, COLORADO
ID -s) t -AR
s
2019-2782
A60163 3
Hello