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HomeMy WebLinkAbout20193279.tiffAugust 6, 2019 Petitioner: WAL-MART PROPERTY TAX DEPARTMENT MS 0555 PO BOX 8050 BENTONVILLE, AR 72712-8055 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 2019-3279 Appeal 2008225066 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 R1716202 Stipulated - Approved Stipulated Value $15,335,424 $15,122,432 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 Equaization cc: Brenda Dones, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R1716202 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Wal-Mart Property Tax Department PO Box 8050 Bentonville, AR 72712-8055 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: 920 47th Ave L1 WAL MART RETAIL CENTER 2. The subject property is classified as commercial property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 : Total $15,335,424 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 $15,122,432 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: After a review of all approaches to value an adjustment was indicated 7. Both parties agree that: IZThe hearing scheduled before the Board of Equalization on 8/1/19 at 3:00 PM be vacated. nA hearing has not yet been scheduled before the Board of Equalization. 1 11 Sol o3 DATED this 24th day of July , 2019 //yy��� Tyler Wade )Ju125,20 -7�?Lct.,�,'/"',. Petitioner(s) or Agent or Attorney Address: Walmart Prop Tax. PO Box 8050 MS 0555 Bentonville AR 72716, Telephone: 4792047475 Docket Number R1716202 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 R1716202 / Wal-Mart Property Tax Department Final Audit Report 2019-07-25 Created: 2019-07-24 By: Wade Melies (wmelies@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAohinhu_NgCUkabLejGELQJ6oj9xyF4T "R1716202 / Wal-Mart Property Tax Department" History .5 Document created by Wade Melies (wmelies@co.weld.co.us) 2019-07-24 - 7:16:01 PM GMT- IP address: 204.133.39.9 Di Document emailed to Wade Melies (wmelies@co.weld.co.us) for approval 2019-07-24 - 7:16:03 PM GMT A. Document approved by Wade Melies (wmelies@co.weld.co.us) Approval Date: 2019-07-24 - 7:16:36 PM GMT - Time Source: server- IP address: 204.133.39.9 P.+ Document emailed to Wade Melies (wmelies@weldgov.com) for approval 2019-07-24 - 7:16:37 PM GMT n Email viewed by Wade Melies (wmelies@weldgov.com) 2019-07-24 - 7:16:56 PM GMT- IP address: 204.133.39.9 6Se Document approved by Wade Melies (wmelies@weldgov.com) Approval Date: 2019-07-24 - 7:19:32 PM GMT - Time Source: server- IP address: 204.133.39.9 E , Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-24 - 7:19:34 PM GMT t Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-24 - 7:41:24 PM GMT- IP address: 204.133.39.9 GS© Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-24 - 7:41:36 PM GMT - Time Source: server- IP address: 204.133.39.9 Cry Document emailed to Tyler Wade (tyler.wade@walmart.com) for signature 2019-07-24 - 7:41:39 PM GMT t Email viewed by Tyler Wade (tyler.wade@walmart.com) 2019-07-25 - 12:48:10 PM GMT- IP address: 161.167.229.13 Adobe Sign 6© Document e -signed by Tyler Wade (tyler.wade@walmart.com) Signature Date: 2019-07-25 - 12:50:49 PM GMT - Time Source: server- IP address: 161.167.229.13 E, Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-25 - 12:50:51 PM GMT in Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-25 - 1:13:17 PM GMT- IP address: 204.133.39.9 6® Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-25 - 10:57:23 PM GMT - Time Source: server- IP address: 204.133.39.9 O Signed document emailed to Tyler Wade (tyler.wade@walmart.com), canaya@weldgov.com, Wade Melies (wmelies@co.weld.co.us), Brenda Dones (bdones@co.weld.co.us), and 2 more 2019-07-25 - 10:57:23 PM GMT Adobe Sign Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 NOTICE OF DETERMINATION RECEIVED WELD COUNTY COMMMMISSIONERS 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 R1716202 2019 0600 GR WMRC L1 WAL MART RETAIL CENTER 920 47TH AVE GREELEY PROPERTY OWNER WAL-MART PROPERTY TAX DEPARTMENT MS 0555 PO BOX 8050 BENTONVILLE, AR 72712-8055 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 15, 335, 424 15, 335,424 TOTAL 15,335,424 15,335,424 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): 2019-3279 15 -OPT -AR PR 207-08/13 R1716202 c 5Q('3 APPEAL PROCEDURES 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 O Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 Online: www.co.weld.co.uslappsl/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), G.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,colorado.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, fax 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.) 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.) ,2 ATTESTATION 1, the undersigned owner or a and on any attach nt Sig ature n of the property identified above, affirm that the statements contained herein ue and complete. Telephone Number Email Address Attach letter of authorization signed by property owner. Date 15-D PT -AR PR 207-08/13 R1716202 Weld County Asssssor 1480 N 1711 Ave Greeley, CO 80631 Pros,}rt1 > st .'ass U S PoYagn The Masten', I JO1 LLC 2019 REAL PROPERTY Y VALUATION ATION INSIDE THIS 1S NOT A TAX BILL 632 ,'3"U50'"'AUTr3" ,1!,YE D AAOC 993 WAL-MART PROPERTY TAX DEPARTMENT MS 0555 Pa BOX 8050 BENTONV;LLE AR /2712-SO55 2018 REAL PROPERTY PROTEST FORM You may ee ex9l the r. ivatiC2t end:x dassii;ca, a E ey dune tai oe ee, n Dor:op, cr mae ih.s +cans to GO asses:50r Website:4s°r•,^ter. i gy_c.q3m,;lepen:s'a se sgr Email; appea'sgweltlgovcum LocatinnlMal ling: 14030;_ 4?tesAveas;e. Gre&ey, CG 8063, Phone: S!7O-lCr) 36110 Fax: Q71T-:Y.»•P,:333 or , E1 tt)J; yol:rt°r;≥1;C? i).2&{the ,?:)1c)v la Account Number: 8/716202 Property Owner WAL-MART PROPERTY TAX DEPARTMENT What Is your estimate of the property's value as of June 36, 2015? $ /02 sl-15, V3 TO APPEM- ACCOUNT 81716202 CHECK HERE r j YOUR RE.: -ION r -OR APPEALING THE VALUE IS .50 Y tit_.S 8jf'C c c�,r+C /''LA IC c.‘-- [IA IItc-- ' / 4 .F.i.% L ___-f c5 off __..t .c --('e t r_ f c. Pumas Mach oricfdronaJ emrr, brr , eoessery. 5igna•,. a Te:ap;ione Nfr'ibct, as E•F1a I Address AGENT AUTHORILATt0N: You trust provide written authorization if you are using an agent. The agent's nartw, mailing Address, e-mail adtrtss, and tetepirose number must he provided. YOM RIGHT TO APPEAL THE PROPERTY VALUATION AND/OR CL SSIFI₹.; T 4 O THE E ASSESSOR EXPIRES JUNE 1, 2.01a. if ihr datsr tw tlIng any nxurnet-i tal'a c:pec s SaiYday, Sunday cr la; al toi day, .r shgl€ be uer,red keeiy Med if 0 -7, to rilecr or ranennyi on lire flax! b r9 ress day -1. 20(. j. C.R.6- 2019 REAL PROPERTY NOTICE OF VALUATION TitIS is a cmideusetiversion of four Notice of Valnatlon. Sec your entire Notre rat Valuation, a complete property report, further D efatis an tiie ap•pent process, sales date used for the v°a`uatfan cywie, and a protest fsfsng application aft www.co.weld.co.usiappsVpropertyportal). The assssslnenf rate for residential property is projected to be 7.2°7. Gonsratiy, all other properly ss asSoossed at 29%. Your property wee vafuad as if existed on January 1, 2019 using appraisal data from the pen d ending June 30, 2013. Account Na: Property AddressiOescripfion 8171202 CR WMRC Li WrAL MART RETAIL CENTER LClassttication - Prtor Current biftrrrance' COfiMER. AI. 14,fy50,440 15,335.24 Total 14,944,#44 `3S,335,424 "*425,984 T'ii Pri,E.R YEAR TtXX ESIIMAl E IS $JS9.104 TFIE CURRENT YEAR TAX ESTIMATE IS f.3T,33F T h1i5 RESULTS IN AN INCREASE OF *$10233. THIS ESTIMATE IS BASED OH 2016 -AX PATES YOU tilt'_ RECENF A TAX 6p! 94 2020 f you aro u, atle 10 ‘rOw, ;rotor "FotsTO of VaIuSCGn owe, l GS al. 970-4O0-3S5a YOUR RIGHT TO APPEAL THE PROPERTY VALUATION AND/OR G3. ASSIHCATiON TO THE ASSESSOR EXPIRES ,.JUNE 1, 2013, f, titer £SB LsIsna _al With 5,.`161,53&ss3: you do MI ayrec N4 ! ;116 No Ike tFSr s;: 1':s' (NOO), Cr sot ?;nt !ocime a NOD, you n!ayTo a vrr iteri Ziupaal wiA era Gory Board of Equalizer at or 0ofue Jay i 5, ftti9. PL Ci STAMP MERE Pi,•4 01,m. all Sal d:u+or `_] Cfraok Sera if new addrea 6 II! Ill�ililll, llf,II,I�,,'tth!11��,1!„'ill' I'lii11 li'111 Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 CACEIAT.7,CR EUNtLOFETOTNER1:thli .'. r'.rlii'rrlr'rr�rlil'iir II rrl!'lrl'Gl'11 r'Ir�rl�rirr{I'irl Ilmart tart, Inc. 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