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Home My WebLink About20192771.tiffAugust 6, 2019 Petitioner: RDJ LLC 4450 ARAPAHOE AVE #100 BOULDER, CO 80303-9102 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 2019-2771 Appeal 2008224444 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 R7459498 Stipulated - Approved Stipulated Value $102,273 $338 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 R7459498 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: RDJ LLC ADDRESS: 4450 Arapahoe Ave #100 Bau lder, CC 80303-9102 - S TI"S—na{-t-.. Z1'—! "e --T 1.tl a..i Imadlwilmen Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2ovaluation of the subject property, and jointly move the Board of Equalization to enter itsorder based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: Lot A Rec Exempt Re -1895 2. The subject property is classified as Agricultural property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 : Total $142a273 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 $338 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: Review of Agricultural documentation 7. Both parties agree that: The hearing scheduled before the Board of Equalization on be vacated. ■ at A hearing has not yet been scheduled before the Board of Equalization. I DATED this 25th day of Jul)/ , 2019 Dan a11'u/a op4q act 1 i Y R( Z/- !- ) . .(,.M liar a. G-otilitil Phi' Pik + _ M_8;.. ha _`?, Petitioner(s) or Agent or Attorney Address: 4450 Arapahoe Ave Suite 100 Boulder, Colorado Telephone: 720-254-3816 Docket Number R7459498 Stip- (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 'O" Street P.O. Box 756 Greeley, CO 80632 Telephone:(970) 336-7235 County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 R7459498/RDJ LLC Final Audit Report 2010-07-26 Created: 2019-07-25 By: Courtney Maya (canaya@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAASAAduuxgrgabgwfpAwwWCwXRipQPAtVOlwe "R7459498/RDJ LLC" History Document created by Courtney Anaya (canaya@co.weld.co.us) 2019-07-25 - 10:19:10 PM GMT- IP address: 204.133.39.9 Document emailed to Courtney Anaya (canaya@co.weld.co,us) for approval 2019-07-25 - 10:19:11 PM GMT O0, Document approved by Courtney Anaya (canaya@co.weld.co.us) Approval Date: 2019-07-25 - 10:19:22 PM GMT - Time Source: server- IP address: 204,133.39.9 Document emailed to duane robson (drobson@weldgov,corm for approval 2019-07-25 - 10:19:24 PM GMT Email viewed by duane robson (drobson@weldgov.com) 2019-07-25 - 10:20:00 PM GMT- IP address: 204.133.39.9 Document approved by duane robson (drobson@weldgov.com) Approval Date: 2019-07-25 - 10:24:11 PM GMT - Time Source: senior- IP address: 204.133.39.9 Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-25 - 10:24:13 PM GMT '5 Email viewed by Brenda Clones (bdones@co.weld.co.us) 2019-07-25 - 11:17:05 PM GMT -1P address: 204.133.39S Document e -signed by Brenda Clones (bdones@co.weld.co.us) Signature Date: 2019-07-25 - 11:17:19 PM GMT - Time Source: server- IP address: 204.133.39.9 7`4 Document emailed to Don Goulart (Ronda Goulart, Mgr. RDJ,LLC) (dgoulart@aol.com) for signature 2019-07-25 - 11:17:21 PM GMT Email viewed by Don Goulart (Ronda Goulart, Mgr. RDJ,LLC) (dgoulart@aol.com) 2019-07-25 - 11:32:15 PM GMT- IP address: 71.55.238.135 Adobe Sign Document a -'signed by Don Goulart (Ronda Goulart, Mgr. RDJ,LLC) (dgoulart@aol.com) Signature Date: 2019-07-25 - 11:42:18 PM GMT - Time Source: server- IP address: 71.56.236.136 Document emailed to Karin McDougal (weld-oboe@weldgov.com) for signature 2019-07-25 - 11:42:20 PM GMT Email viewed by Karin McDougal (veld-cboe@weldgov.com) 2019-07-26 - 3:27:59 AM GMT- IP address: 97.118.66.47 Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-26 - 11:56:11 AM GMT - Time Source: server- IP address: 204.133.39.9 Of Signed document emailed to Brenda Dones (bdones@co.weld.co.us), duane robson (drobson@weldgov.com), Don Goulart (Ronda Goulart, Mgr. RDJ,LLC) (dgoulart@aol.com), Karin McDougal (weld-oboe©weldgov.com), and 2 more 2019-D7-26 - 11:56:11 AM 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: DONALD GOULART Contact Email: dgoulart@aol.com Contact Phone: 720-254-3816 Appeal Submitted: 11:21 AM July 11, 2019 Appeal submitted for: R7459498 - RDJ LLC Legal: PT NW4 17-7-67 LOT A REC EXEMPT RE -1895 (7POND) Reason: Value Too High - See Attached Estimate of Value: $53.00 Document(s) Submitted: Account: All Accounts - LETTER OF AUTNORIZATION FOR PROPERTY TAX MATTERS 1.pdf Account: R7459498 - Lot A RDJ Protest.docx You have selected the following Date Preferences: Friday, July 26, 2019, from 1:30 p.m. to 4:30 p.m. Friday, July 26, 2019, from 9:00 a.m. to 12:00 p.m. Tuesday, July 30, 2019, from 1:30 p.m. to 4:30 p.m. Thursday, July 25, 2019, from 9:00 a.m. to 12:00 p.m. Thursday, July 25, 2019, from 1:30 p.m. to 4:30 p.m. 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 2019-2771 450/05 Authorization for fir.;• r Tam Matttrs 1/We, the undersign s a rs agent listed below tuft au with the assistance of tegal counsel A W GOULART T op fist : ' located in Weld County, d to n assessments and to represent mejus, ap oceyb trxto ar 2019 Agent Name: At PfI Agent ail: Addres I and/or Property Addr'i 4450 ARA AH ►M, AVE,. SUITE 1 C DER, COLORA OULART AOL,COM Parcel q and/or Account Property Address Parcel # and/or Account Property Address Farrel k and/or Account Property Address In 2015, the land was used for agricultural purposes with an assessed value of $53. In 2016, we began a revegetation process for our cashmere goat farm. In 2017 the classification for the land was changed from AG Land to Vacant Land. The County Assessor's position was that, while we were preparing the land for the goat farm, we did not have the cashmere goats on site. In 2017 the goats were placed on site along with fencing around a portion of the property for grazing. In 2019 the classification of the land remained Vacant Land with the assessed value being $102,273. At appeal, although we explained that the land was used for grazing, the County Assessor said in order to be assessed as AG Land, the land fencing must be completed. As stated to the County Assessor by phone, the property is fully fenced around the perimeter and is used from grazing livestock owned by RDJ, LLC. We believe the land should be reclassified as AG Land. Further, we believe the land is over market value and unequal compared with other Agricultural Properties. We believe the value as of June 30, 2018 should be $53. July 22, 2019 Petitioner: RDJ LLC 4450 ARAPAHOE AVE #100 BOULDER, CO 80303-9102 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 2019-2771, AS0103 Appeal 2008224444 Hearing 7/26/2019 1:00 PM Account(s) Appealed: R7459498 Dear Petitioner(s): The Weld County Board ofEqualization has setadate ofJuly 26, 2019, atorabout the hour ofl :00 PM, 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 ofappeaL 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 you wish 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