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Home My WebLink About20181821.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES - TAGAWA GREENHOUSES, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 11th day of June, 2018, at which meeting there were present the following members: Chair Steve Moreno, Commissioners Sean P. Conway, Julie A. Cozad, and Mike Freeman, with Commissioner Barbara Kirkmeyer not being present, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being present, and taxpayer, Tagawa Greenhouses, Inc., being represented by Higgins, Hopkins, McLain and Roswell, LLC, not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petition, and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and the petition be, and hereby is, denied, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED VALUATION ABATEMENT OR REFUND TAX YEAR $0.00 $0.00 2015 $0.00 $0.00 2016 c�c. • c eRccwr 60( cK) C.c c r- Hrec) Oco/aort 2018-1821 AS0099 TAX ABATEMENT PETITION - TAGAWA GREENHOUSES, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of June, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELCQUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board EXCUSED Barbara Kirkmeyer, Pro -Tern BY: Deputy Clerk to the Board can P. C AP" • D A,S-T ounty Attorney Mike Freeman Date of signature: nro/ tckf t R' 2018-1821 AS0099 PETITION FOR ABATEMENT OR REFUND OF TAXES County: Weld Date Received RECEIVED Section I: Petitioner, please complete Section I only. December 11,2017 Date: Month Day Year Petitioner's Name: Tagawa Greenhouses Inc. Petitioner's Mailing Address: 17999 Weld County Rd. 4 Brighton Colorado City or Town SCHEDULE OR PARCEL NUMBER(S) 147125000015 Account : P3789407 (Personal Property) (Use Assessor's or Commissioners' Date Stamp) DEC 15 2011 WELD COUNTY ASSESSOR GREELEY, COLORADO 80603 State Zip Code RECEIVED MAY 0 9 2018 WELD COUNTY COMMISSIONERS PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY 17999 Weld County Rd. 4 Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for property tax year(s) 2015 and 2016 are incorrect for the following reasons: (Briefly describe why the taxes have been levied erroneously or illegally, whether due to erroneous valuation, irregularity in levying, clerical error or overvaluation. Attach additional sheets if necessary.) The Subject Properties are overvalued. Value $1,500,000 year 2015 Value $1,500'00R'ear 2016 I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits or statements, has been prepared or examined by me, and to the best of my knowledge, information and belief, is true, correct, and complete. William A. McLain (#6941) Attorneyfor Petitioner Higgins, Hopkins, McLain &.Roswell, LLC 1777 S. Harrison Street, Suite 750 Denver, CO 80210 Telephone: (303) 987-9870 Email: wmclain@hhmrlaw:com, 2018-1821 If the Board of County Commissioners, pursuant to § 39-10-114(1), C.R.S., or the Property Tax Administrator, pursuant to § 39-2-116, C.R.S., denies the petition for refund or abatement of taxes in whole or in part, the Petitioner may appeal to the Board of Assessment Appeals pursuant to the provisions of § 39-2-125, C.R.S., within thirty days of the entry of any such decision, §39-1t}114:5(1), C.R.S. Section II: A ual Assessor's Recommendation (For Assessor's Use Only) Tax Ye raQ Tax Year __'=`,th Assessed Tax Actual Assessed Original l % (Dl q 1 aLO T 4 I ().O 5e/43,W3 Corred!§d I "` (4?() C / i t'(1 //NA//NAV 6W`; -?7(7) q1A Abate/Refund p ;zr ❑ Assessor recommends approval as outlined above. If the request for abatement is based upon the grounds of overvaluation, no abatement or refund of taxes shall be made if an objection or protest to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer, § 39-10-114(1)(a)(I)(D), C.R.S. Tax year: Tax year: Protest? 0 No 0 Yes (If a protest was filed, please attach a copy of the NOD.) Protest? 0 No O -Yes (If a protest was filed, please attach a copy of the NOD.) Assessor recommends denial for the following reason(s): No tr��rtroth 6u1 yr3(d l juhFj CL U �uQ-h�n_. 142 Assesso or putt' Ass s Signature 15-DPT-AR No. 920-66/16 FOR ASSESSORS AND. COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to § 39-10-114, C.R.S. shall be acted upon pursuant to the provisions of this section by, the Board of. County Commissioners or the Assessor, as appropriate, within six months of the date of filing such petition, § 39-1-113(1.7), C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to $10,000) 1 I1 Cprnn is inners of County authorize the Assessor by Resolution No. to- review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of $10,000 or less per tract, parcel, or lot of land or per schedule of personal property, to ao rdance with § 39-1-113(1.5), C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatement/refund of: Tax Year Tax Year Actual Assessed Tax Actual Assessed Tax Original Corrected Abate/Refund Note: The total tax amount does not include accrued interest, penalties, and fees associated with late and/or delinquent tax payments, if applicable. Please contact the County Treasurer for full payment information. Petitioner's Signature Assessor's or Deputy Assessor's Signature Date Date Section IV: Decision of -the, County Commissioners (Must be completed if Section Ili does not apply) WHEREAS, the County Commissioners of County, State of Colorado, at a duly and lawfully called regular meeting held on / / , at which meeting there were present the following members: Month Day Year with notice of such meeting and an opportunity, tobe present having been given to the Petitioner and the Assessor of said County and Assessor (being present --not present) and Name Petitioner (being present --not present), and WHEREAS, the said Name County Commissioners have carefully considered the within petition, and are fully advised in relation thereto, NOW BE IT RESOLVED, that the Board (agrees --does not agree) with the recommendation of the Assessor and the petition be (approved —approved in part —denied) with an abatement/refund as follows: Year Assessed Value Taxes Abate/Refund Year Assessed Value Taxes Abate/Refund Chairperson of the Board of County Commissioners' Signature County Clerk and Ex -officio Clerk of the Board of County Commissioners in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County this day of Year Month County Clerk's or Deputy County Clerk's Signature Note: Abatements greater than $10;000 per schedule, per year, must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than $10,000) The action of the Board of County Commissioners, relative to this abatement petition, is hereby 0 Approved 0 Approved in part $ 0 Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-DPT-AR No. 920-66/16 AGREEMENT (To be signed in duplicate and client to retain one copy) The Parties to this agreement are Tagawa Greenhouses Inc., 17999 Weld County Rd 4, Brighton. CO 80603 ("Client") and William McLain, an attorney with Higgins, Hopkins, McLain & Roswell, LLC. 1777 S. Harrison Street, Suite 750, Denver. Colorado 80210 ("Mr. McLain"). The Parties agree that Mr. McLain will represent Client with regard to the valuation for property tax purposes of the properties identified below, and for the tax years stated below pursuant to the terms of this Agreement. 1. The property covered by this Agreement: Weld County Assessor's Parcel Nos. 147125000015 (Account Nos. M0139990, M6265286, P3789407, R6265186) and 147331201005 (Account No. R6411486), located at 17999 Weld County Rd 4, Brighton, CO 80603, and referred to in this Agreement as "the Properties". The property tax years covered by this Agreement: 2015 and 2016. 3. Duties of Mr. McLain: Mr. McLain will use his best efforts to seek a reduction in the valuation of the Properties for the tax years stated above, and after negotiations with the Assessor or the Assessor's staff. by filing an appeal to the Board of County Commissioners. If Mr. McLain determines that there is a reasonable likelihood of success by doing so, he will appeal any adverse decision of the County Board of Commissioners to the Colorado State Board of Assessment Appeals. Mr. McLain will provide such services faithfully and with due diligence. 4. Duties of Client: Client will provide Mr. McLain with such information as may be necessary in connection with the successful negotiation or appeals for the reduction of the valuation of the Properties. IN WITNESS WHREOF. the parties have executed this Agreement, in duplicate, this &9 day ofA x y T.2017. Tagawa Greenhouses. Inc. B William A. McLain 5/9/2018 Property Report Weld County PROPERTY PORTAL Account Parcel P3789407 147125000015 Legal # 15958 PT 25-1-66 Subdivision Property Address 17999 COUNTY ROAD 4 Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: P3789407 May 9, 2018 Account Information Space Block Lot Land Economic Area Property City Account Tax Type Year Personal 2018 BRIGHTON Buildings Actual Assessed Value Value 3,054,707 Zip Section . Township Range 885,870 Owner(s) Account Owner Name P3789407 TAGAWA GREENHOUSES ENTERPRISES LLC Address 17999 COUNTY ROAD 4 BRIGHTON, CO 806039731 Document History No documents found. https://propertyreport.co.weld.co.us/?account=P3789407 1/3 5/9/2018 Property Report Building Information No buildings found. Type Code Description Personal Property Totals Valuation Information 2410 EQUIP,FURN,MACH,COMM Actual Value 3,054,707 3,054,707 Assessed Value Acres Land SqFt 885,870 885,870 0.000 ?. 0.000 Tax District Area ID 0700 0305 0302 0305 0309 0305 1050 0305 0509 0305 0203 0305 0100 Total - Tax Authorities District Name AIMS JUNIOR COLLEGE CENTRAL COLORADO WATER (CCW) CENTRAL COLORADO WATER SUBDISTRICT (CCS) HIGH PLAINS LIBRARY HUDSON FIRE SCHOOL DIST RE3J-KEENESBURG WELD COUNTY Current Mill Levy 6.317 1.800 1.353 3.256 6.039 20.053 15.800 54.618 Photo https://propertyreport.co.weld.co.us/?account=P3789407 2/3 Kimberly Dewey From: Sent: To: Subject: Attachments: Good Afternoon William, Kimberly Dewey Thursday, May 10, 2018 4:17 PM 'wmclain@hhmrlaw.com' Petition for Abatement or Refund of Taxes - P3789407 Tax Abatement Notice of Hearing - P3789407.pdf This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 17999 County Road. 4, Brighton, CO 80603. The meeting is scheduled for Monday, June 11, 2018, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. Please see the attached letter for further information. If you have any further questions or concerns please don't hesitate to contact me. Kim Dewey Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 May 10, 2018 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 Tagawa Greenhouses Inc. 17999 County Road 4 Brighton, CO 80603 RE: SCHEDULE NUMBER P3789407 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 17999 County Road. 4, Brighton, CO 80603. The meeting is scheduled for Monday, June 11, 2018, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. The Assessor is recommending that the Board deny your petition. You are not required to be present at this hearing; however, this is your opportunity to have your position heard, particularly if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4226. Sincerely, Esther Geisick Clerk to the Board cc: Assessor Higgins, Hopkins, McLain & Roswell, LLC WELD COUNTY PETITION FOR ABATEMENT OR REFUND OF TAXES CERTIFICATE OF MAILING FIRST NAME LAST NAME William A. McLain COMPANY Tagawa Greenhouses, Inc. Higgins, Hopkins, McLain & Rosewell, LLC ADDRESS 1 17999 Weld County Rd 4 CITY Brighton COM STATE CO POSTAL CODE 80603 I hereby certify that I have sent a notification of hearing date letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 10th day of May, 2018. Of-tati-Aur [Name] Deputy Clerk to the Board a m m a MI a a a N CI N U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com -. n *W.: al rk Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery • Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent Toy Street alApt4,�Vp„ ar' PO Bo's No Q —�C.ft fc.�CO Li Sit o(2. Postmark Here Cotes" City, State, 4 0 c.4 4 .03 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY SENDER: CCMPLETE THIS SECTION a) cn 73 Se \So: � O a) c U� items 1, 2, and 3. a) a U ■ U E a O s On= E U CU casa a aa. r O do U � O Cn EQ) -C _— O Q O ■ T N� N O oo s eo d - d3 rn d d Cra s‘ cs) 3 Ss: (se) va C C O O U U a) C] 2 2 a ) ca 4c-cs' 0) Q) t.-6 CC a) 0 a) cc 2O a)Lo 0 zv Coo cyi❑❑ 1,k❑❑❑❑❑v 9590 9402 1714 6053 4712 01 I1 a) co Qs RI C) U 412 45 E O T.) Q .11 e ri a NM N Domestic Return Receipt co 0 O 0 O 0 co a_ O PS Form 3811 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 June 20, 2018 TAGAWA GREENHOUSES, INC. 17999 CR 4 BRIGHTON, CO 80603 RE: SCHEDULE NUMBER P3789407 Dear Property Owner: On June 11, 2018, the Board of Weld County Commissioners considered your petition for abatement or refund of taxes and denied same. Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and instructions from: Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: (303) 864-7710 Email: dola_baa@state.co.us. In preparation for appealing to the State Board of Assessment Appeals you may also go to the following state link to obtain any further information you may need to proceed, http://www.dola.state.co.us/baa/index.htm Very truly yours, Caaaa G- Eefivvt„_IL Chloe A. Rempel Deputy Clerk to the Board crempel@weldgov.com cc: Weld County Assessor Higgins, Hopkins, McLain and Roswell, LLC Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Wednesday, June 20, 2018 2:44 PM 'wmclain@hhmrlaw.com' FINAL SIGNED RESOLUTION AND NOTIFICATION OF BOARD DETERMINATION - Tagawa Greenhouses, Inc. - P3789407 Notification of Board Determination - P3789407.pdf Please see the attached notification letter of Board determination, final resolution signed by the Board of County Commissioners, and a copy of your clients petition for abatement or refund of taxes. Forward as necessary. If you have any questions or concerns, please do not hesitate to contact me. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 WELD COUNTY PETITION FOR ABATEMENT OR REFUND OF TAXES CERTIFICATE OF MAILING COMPANY POSTAL STATE ADDRESS 1 CITY LAST NAME FIRST NAME CODE Tagawa Greenhouses, Inc. 17999 CR 4 Brighton CO 80603 William McLain Higgins, McLain Roswell, and Hopkins, LLC wmclain@hhmrlaw.com I hereby certify that I have sent a Tax Abatement Petition denial letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 20th day of June, 2018. c0 a r1 is 0 a CI a a a Uz Chloe A. Rempel Deputy Clerk to the Board U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com" . memo 0 1,24 Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ $ Postage $loa Total Postage and Fees Postmark Here C.91001t21 Sent To `�. att C rarth. o se.a. Ir, Ce . PO Box No. N t9ctac) �fc{ , State, ZIP+4 PS Form 300, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions COMPLETE THIS SECTION O ,--°-_ >•- z te- (,) / . T O 0ig � TZ C -0 O c .)r > aJ 73 13 "Pa 't aN C w e7 4- L a~ la 2 o o - . a) a ¢ o E ? m 0.'UUp fihil ��- Rsc� •� CC -tot0a) a) a) a) .9..0) a) a. ccccccc2c)chic ❑❑❑ 0 ❑❑. stricted Delivery cts coo- — - o o a 0 0 O a) 4-0 0000 E criElEIXODEIC a) a E O 0 • a U a O 5- 4- r 0 5- O Article Addressed to: T 0 Oio CC ago 9590 9402 1714 6053 4715 15 cts U to 0 t L c sai I= r1 is c0 m Ir a O II O N O 1 a C- Domestic Return Receipt PS Form 3811, July 2015 PSN 7530-02-000-9053 a Hello