HomeMy WebLinkAbout20182964.tiffCOPY
JOSEPH C. SANSONE COMPANY
Business Tax Solutions -
August 30, 2018
Colorado State Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, CO 80203
RE: Colorado State Board of Assessment Appeals — Weld County
Dear Administrator for the Board:
RECEIVED
SEP 06 2018
WELD COUNTY
COMMISSIONERS
Please find enclosed the signed form entitled Petition to State Board of Assessment
Appeals and assembled required attachments for the Schedule/Account Numbers that
we wish to appeal to the Colorado State Board of Assessment Appeals. The attached
checklist identifies properties and parcels appealed. Please see enclosed check for the
filing fee.
I understand that I will receive a confirmation receipt via mail as soon as the petition
information entered into your system and assigned a docket number. I will reference
the docket number when making appeal inquiries and appreciate this accommodation.
Thank you in advance for your consideration and assistance.
David Johnson
Joseph C Sansone Company
18040 Edison Avenue
Chesterfield, MO 63005
djohnson@jcsco.com
636-733-5455 Direct
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2018-2964
Joseph C. Sansone Company lax Year/Lull Year: 2018;201
BOE-STC Appeals Actin iii;): O 21;1 , State: CO
19323660001CO
Ace Hardware
201 South Rollie Avenue
Fort Lupton , CO 80621
Lead Analyst:
State Hearing Date:
Parcel ID
147105306001
Filed
Local Appeal State Appeal
19341560001CO
Mountain States Rosen Company
920 North 7th Avenue
Greeley, CO 80631
Lead Analyst:
State Hearing Date:
Parcel ID
080332301005
Filed
Local Appeal State Appeal
19341650001CO
Stericycle Inc
5355 Colorado Boulevard
Dacono, CO 80514
Lead Analyst:
State Hearing Date:
Parcel ID
146701401001
Filed
Local Appeal State Appeal
19341720002C0
Kinsco 2
1530 Skyway Drive
Longmont, CO 80504
Lead Analyst:
State Hearing Date:
Parcel ID
131308103011
Filed
Local Appeal State Appeal
19341970002CO
2797 County Road 6
2797 County Road 6
Erie, CO 80516
Lead Analyst:
State Hearing Date:
Parcel ID
146721400005
Filed
Local Appeal State Appeal
8/29/2018 15:45
Report Parameters: TaxYear: 2018; State: CO; JurisType: ALL; JurisName: Weld;
ProdLine: Real Estate; Analyst: ALL; Level: State; ApStatus: Filed; ActualAp: 8/30/2018
5:00:00 AM
Page 1 of 1
Copy
PETITION TO STATE BOARD OF ASSESSMENT APPEALS
1313 Sherman Street, Room 315 Phone: (303) 864-7710
Denver, Colorado 80203 Fax: (303) 864-7719
Date: 08/29/2018
Property Owner: Marsid Land LLC
Subject Property: 201 S Rollie Ave Fort Lupton
Street Address City
Schedule Number(s): 147105306001 (R1396102)
Attach separate sheet if necessary
Appeals the decision of the Weld
County
0 Board of Equalization
❑ Board of Commissioners
❑ State Property Tax Administrator
For Office Use Only
Docket No.
Fee: Y N
Check/Credit Card S
P F H
Dated:
08/02/2018
This appeal concerns: I3 Valuation 0 Refund/Abatement 0 Exemption 0 State Assessed Tax Year: 2018
The subject property is currently classified as:
❑ Agricultural 0 Commercial 0 Mixed -Use
❑ Vacant Land 0 Residential 0 State Assessed 0 Personal Property O Other:
The subject property should be classified as (if different than the current classification):
Actual value assigned to subject property: $1,425,000 Petitioner's estimate of value: $1,127,000
Estimated time for Petitioner to present the appeal: minutes or 3 hours.
Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator.
Appearance:
D Oil & Gas 0 Non -Exempt (or Partially Non -Exempt)
D Petitioner will be present at the hearing 0 Petitioner will appear by telephone
0 Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-864-7710
0 Petitioner will be represented by an attorney on the scheduled date and time of the hearing (Mountain Time Zone)
0 Petitioner would like to appear by video conference
Petitioner must contact the Board at 303-864-7710 at least 21 days in advance
of the scheduled hearing to confirm availability of video conference equipment
if the property owner is an entity, it must appear under the representation of an attorney licensed in Colorado except as follows: A closely held entity
may be represented by an officer of the entity as tong as the amount in controversy does not exceed $15,000, exclusive of costs, interest or statutory
penalties. A closely held entity can have no more than three owners. See Section 13-1-127, C.R.S. A closely held entity that will be represented by
an officer of the entity must provide a letter to the Board with this petition stating that ft has no more than three owners and that the tax
amount at issue does not exceed 515,000. A trust filing a petition may be represented by a trustee, an attorney or an agent
Filing Fee:
G None Petitioner is appearing pro se (self -represented) and has not filed more than two petitions with the Board
of Assessment Appeals during this fiscal year (July 1 — June 30).
0 $33.75 Petitioner is appearing pro se (self -represented) and has filed more than two petitions with the Board of
Assessment Appeals during this fiscal year (July 1 — June 30).
la $101.25 Petitioner will be represented by an agent or by an attorney.
In the space below, please explain why you disagree with the value assigned to the subject property:
The Assessor's calculation of the property's fair market value exceeds the property's actual fair market value.
Required attachments to this form:
C Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial
0 Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator
Attachments required under certain circumstances:
C A notarized Letter of Authorization if an agent will be representing Petitioner
C A list of names, last known addresses and telephone numbers of co -owners or parties directly interested in the subject
property if applicable.
Certificate of Service
I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and
attachments were mailed, faxed or hand delivered to:
Weld
County
0 Board of Equalization
❑ Board of Commissioners
0 State Property Tax Administrator
at the following address: 1150 O Street, Greeley, CO 80632
on 08/29/2018
Date
I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and
attachments were mailed, faxed or hand delivered to all co -owners or parties directly interested in the subject property
on 08/29/2018
Date
I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals
and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room 315,
Denver, CO 80203
on 08/29/2018
Date
(One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.)
PETmOER'S M$ING ADDRESS IS REQUIRED EVEN IF PETITIONER IS REPRESENTED BY AN AGENT OR ATTORNEY
Signature of Agent or Attorney El Signature of Petitioner
Adam Chase
Printed Name Printed Name
C/O Joseph C. Sansone Co., 18040 Edison Ave.
Mailing Address
Chesterfield, MO 63005
City, State, Zip Code
Telephone: (636) 733-5455
E Mail: appeals@jcsco.com
201 South Rollie Avenue
Mailing Address
Fort Lupton, CO 80621
City, State, Zip Code
Telephone:
E -Mail:
Daytime number
It is the Petitioner's responsibility to notify the BAA of any
change of address.
Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to
completing this Petition Form. The Instructions and Rules are available on the internet at www.dola.Colorado.clov/baa or
may be requested by phone at 303-864-7710.
August 2, 2018
Agent (if applicable): Petitioner:
JOSEPH C SANSONE CO
18040 EDISON AVE
CHESTERFIELD, MO 63005-3702
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
MARSID LAND LLC
PO BOX 650
FORT LUPTON, CO 80621-0650
RE: THE BOARD OF EQUALIZATION 2018, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2018-2279 Appeal #: 2008217954 Hearing Date:
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. Section 39-8-101 et seq., considered
petition for appeal of the Weld County Assessor's valuation of your property described above, for the year
2018.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R1396102 Deny - Administrative Deny $1,425,000
$1,425,000
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. Section 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, 2016, MUST comply with the
following provisions of C.R.S. Section 39-8-107(5):
(5)(a)(I) On and after August 10, 2011, 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 section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 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. Section 39-8-108(1), the rules of Colorado appellate
review and C.R.S. Section 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. Section 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,
f
Esther E. Gesick, Clerk to the Board
Weld County Board of County Commissioners
and Board of Equalization
Cc: Christopher Woodruff, Weld County Assessor
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