The URL can be used to link to this page

Browse Search

Home My WebLink About20192937.tiffJuly 26, 2019 Petitioner: ROCKY MOUNTAIN RIDING CLUB INC 992 S 4TH AVE STE 100-222 BRIGHTON, CO 80601-6802 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 2019-2937 Appeal 2008224667 Hearing 7/25/2019 8:30 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 R4604707 Deny - Denied in Full $381,998 $381,998 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 2o/ -U,3 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 Brenda Dones, Weld County Assessor Valuation Report Of Vacant Land For County Board of Equalization ROCKY MOUNTIAN RIDING CLUB INC Petitioner vs. Weld County Assessor's Office Respondent Docket Number: 2019-2937 Parcel Number: 147124200026 Schedule Number: R4604707 Appeal Number: 2008224667 Date: 07/25/2019 Time: 8:30 AM Board: Prepared By Hall Taylor Assessor's Office Staff Appraiser Assessor's Indicated Value VACANT LAND $381,998 TOTAL: $381,998 Page 1 of 5 Land Value Sales utilized to establish the 2019 value in the subject neighborhood must be from the period of one and one-half years immediately prior to June 30, 2018. A period of 5 years immediately prior to June 30, 2018 shall be utilized to determine the level of value if adequate 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 Weld County Assessor has an established ongoing Sales Confirmation and Validation Program for property transactions used in developing value. The Subject at hand is vacant land. It has 43.14 acres. This parcel is a long tract of land, with a road that goes along the West side of it. There is no issue with gaining access to this parcel. It does have a few rolling hills. It does not sit in a flood plain. There are no permanent improvements on this ground. No trees or shrubbery on this parcel to the visible eye. This parcel is valued as as vacant land Subject Photo Page 2 of 5 Three vacant land sales were found in the area: Parcel Number Sale Date Sale Price Acres Per Acre Subject 1471-24-2-00-026 43.14 $5,853 Comparable 1 1309-21-2-00-008 6/16/2017 $490,000 54.3 $9,009 Comparable 2 1471-28-2-00-064 6/01/2017 $326,000 57.65 $5,655 Comparable 3 1473-27-0-00-069 2/15/2018 $430,000 78.23 $5,497 Page 3 of 5 Market Approach Summary As required by 39-1-104(10.2), CRS, the market value is determined by utilizing data from the period of one and one-half years immediately prior to June 30th, 2018. If sufficient comparable valuation data is not available within the eighteen -month time period, the assessor shall use market data from the five year period immediately prior to June 30th, 2018. When appropriate, all sales are to be time adjusted to the appraisal date of June 30th, 2018. Although the appraisal date is June 30, 2018, the physical characteristics are reflective of the property as of January 1, 2019. The comparable sales in this report were selected using county records and the Multiple Listing Services. The WeldCounty Assessor's Office has verified that the comparable sales are arms -length transactions based on review of the Real Property Transfer Declaration, telephone or personal confirmation interviews and physical inspections to confirm property characteristics at the time of sale. The market value of the property as of June 30th, 2018 is: $381,998 The subject property has been classified as Residential Vacant Land for assessment purposes. Residential property value shall be determined by appropriate consideration of the Market Approach to Value {39-1-103C5)(a), CRS}. The Assessor has considered the Market Approach to Value for the subject parcel. Assessor's Indicated Value VACANT LAND $381,998 TOTAL: S381,998 Page 4 of N Main St . S Denver Ave 0 rio Cr 29 Cr29 S Rolle, Av S Fulton A S Deaver A Cr 29 Cr 29 ra Cr 31 mei •r CO Cr 41 a 31h iVd VN O) Cr 31 ash r 33. Mathews Av Av Appaloosa Av C) C) 0) C ci 0 C, 1417 COUNTY ROAD 45 Cr45 E JtdnVdf'NOJ C cc Cr 47 Cr49 0 OO C et r C Cr 3 Falcon Dr Cr35 Private C) C Cr 51 0 r Go Main rre ShAv C) C) a' Cr 43.5 Cr37 HWY85 HWYR5 CO 1 C fl CID NOakSt 3 as y C C wit tic U) C as eD 0 ast Cr 35 Cr 41 rn O t OD rser IV PO HI r •c • •2k $2tU - 4 .:"u u I/ 47Y. C Cr 31 F L7 LN vioD Cr 39 0 m Cr 49 Cr 51 -' CO " r cq JULY 24, 2019 To: THE OA 1 OF EQUALIZATION 2019, WELD COUNTY, COLORADO: , Re! NOTIFICATION OF HEARING Fr r m: Trenton H. Parker, General Manager, Rio Grande Canyon Properties, Inc. West World U.S.A.,Inc, ocky Mountain Riding Clu >>, Inc® PITITIONERS PETITIONE 'L 'S OBJECTION TO 24 HOU NOTICE OF HEA:' , N The PETITIO\ E(S), above named, hereby OBJECT to the NOTICE of a "Scheduled Hearing", pursuant to the letter written and mailed (U.S. Mail) by the C1eriK Sf The Board, to the "Petitioner(s)" on July 22, 2019, and received by the Petitioner(s) at 2:35 P.M. _ s,n July 23, 2019, for a HEARING to be held at 8:30 am, July 24, 2019. The "surprise" 24 hour Notice Of Hearing, is completely unreasonable by any legal standard The Petitioner(s) have retained legal counsel to make the Petitioner(s) case. A tax comparison of like properties has been developed; A past to present picture presentation has been developed; Witnesses have been organized; and, a complete legal research package is nearly completed. The lack of reasonable notice has been the normal tactic used against the owners of this property for the last eighteen (18) years, along with: Lost Notices of property evaluation; Lost appeals objecting to increased property taxes; No notices of changes in property z fling; Lost/Misplaced rnch pictures; Lost legal briefs — and moree Attached please find a copy of the Board's envelope with the post mark and date on it, along with the "Notice Letter" which was c ntz = ine 7 P inside sai e u. veto e. i'entonH0 P . ` ker9 General Mwager CLERK TO THE BOARD 1150 O STREET PO BOX 758 GREELEY CO 80632-0758 { . • s13 0;..68...4 U.S. P©STAGE>> PITNEY BOWES ARIMICRENOW ZIP 806,31 $ 000.500 02 4YV 0000335769 JUL. 22. 2019 1'►i"iSlI�Il�llll l�llllibibir111iiiil1s1041, 1,111011111 (A 5 Thir ,.0a .1/ ere •yt.y.Jh Soy .V Va.1~. aw F•e1V.RI.:4aWt:y"'zr.YYl r -TAU Y�.a�TORPIseec .. CINMIStellaprMrvutd Cjj". gay. I. t r NOTICE OF DETERMINATION RECEIVED Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 R4604707 PARKER TRENTON H 992 S 4TH AVE STE 100-222 BRIGHTON, CO 80601-6802 2019 in 1 5 2019 WELD COUNTY COMMISSIONERS 2497 Date of Notice: 6/25/2019 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM PT NW4 24-1-66 LOT B REC EXEMPT RE -4471 'S Vi VACANT LAND 381,998 381,998 �TAL 381,E ` 381,998 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 R4604707 2019-2937 ASO103 "'APPEAUIPR0CEDIARe County Board of Equalization Hearings will be held from July 25th 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.us/appsl/cboe/ 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 Cop Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 dills of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Co 1313 Sherman Street, Room 315 Contact theisti#ci<-Court in the County Denver, CO 80203 where the prOperty ,{s located. See your (303) 866-5880 local telephone the address and www.dola.colorado.gov/baa telephone numb 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. ON TO OUi BOA 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.) 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 inst cost .praisal, etc.) ATTESTATION, I, th Email Address ndersigned owner or agent' of t attachm - nts hereto - t N I property identified above, affirm that the statements contained herein nd omplete. zll_ T,leph re Number 66 673 'Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/13 R4604707 July 15, 2019 To: Weld County Board Of Equalization, 1150 O Street, Greeley, Colo. From: Trenton H. Parker, 992 S. 4th Ave, Suite 100-222, Brighton, Colo. 80601 (303) 659-6053 To Whom It May Concern; I am contesting the taxation on the subject property on several grounds which are described in detail below. Weld County has conspired for years to try and drive Rio Grande Canyon Ranch Properties, Inc. and its investors off of their land/property/ranch by a number of ways. First: The assessor changed the zoning of the Ranch from Agricultural to Residential, with out any notice, even though there is no home or mobile homes on said property, and the ranch property has been used for agricultural purposes for a hundred years. Please see various pictures of the Rio Grande Ranch Property. We recently found out that a fraudulent survey of the Ranch Property was recorded with the County without my knowledge, with a forged signature on it. My signature was electrically lifted off of the original survey and transferred to the current fraudulent survey. The net effect was to change the legal description from "Parcel C" because it is 45 acres in size, to "Lot B" - residential. The "known" Weld County employee who caused this little "tricky change" messed up, because now there are - two (2) "Lot B's" on the same plat map. Please notice the taxes assessment increases from 2011 to 2018: 2011 /$17.65, 2012/$17.38, 2013 /$2,678.11, 2014/$37,469.66 2015/$40,791.41 2016/$3,828,91 2017/$8,798.61 2018/$8,398.00 The property was used as a horse breeding center from 2002 to 2011. The ranch was allowed to recover from over -grazing, and was fertilized for two years, The current pictures clearly show that the ranch is use for agriculture. For years, we have been blind sided with our tax appeals being "lost" in the mail. We have just taken pictures of the bailing of the "Large Bails" of hay which are currently being developed, and will be delivered to the Weld County Board as soon as we get them back from Walgreens. No one at the Weld County Assessor's office knows what happened to our past pictures, letters, phone calls, appeals, and demands for hearings. I hereby demand a hearing with the board. We (Corporations and Investors) will be represented by an attorney. Submitted By. nton H. Par cer, Individually, and as Special Agent Rio Grande Canyon Ranch, Inc. 2688 Weld County Road 35 `L. .. ---W __ tic ....46..x.1 • "'n_. �gS IL 'c,.� ..►�',, i, ' rips' ,: .#- _ ^ . ..,/.4„yny,�ja. yi.�. \ .A► • nue • July 22, 2019 Petitioner: ROCKY MOUNTIAN RIDING CLUB INC 992 S 4TH AVE STE 100-222 BRIGHTON, CO 80601-6802 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 2019-2937, AS0103 Appeal 2008224667 Hearing 7125/2019 8:30 AM Account(s) Appealed: R4604707 Dear Petitioner(s): The Weld County Board ofEqualization has setadate ofJuly 25, 2019, atorabout the hour of8:30 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 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 of appeal. 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 youwish 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