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HomeMy WebLinkAbout20182968.tiffC py JOSEPH C. SANSONE COMPANY Business' Tax Solution.0' 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 0 6 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 cc Weld Denver County Board of Commissioners 0.0PC111-)Ur);Cc%-tionS 0/r7(I8 cc: ASRCcw/ e c i ca) ccaceo 9114/18- 2018-2968 G1so100 Joseph C. Sansone Company BOE-STC Appeals AG uG Ap: 0 1)1 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 19341720002CO 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 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: Crestone Peak Resource Holdings LLC Subject Property: 2797 County Road 6 Weld Street Address City Schedule Number(s): 146721400005 (R8949102) Attach separate sheet if necessary For Office Use Only Docket No. Fee: Y N Check/Credit Card It P F H Weld El Board of Equalization Appeals the decision of the O Board of Commissioners Dated: 08/02/2018 County O State Property Tax Administrator This appeal concerns: El Valuation O Refund/Abatement O Exemption O State Assessed Tax Year: 2018 The subject property is currently classified as: ❑Agricultural El Commercial O Mixed -Use ❑ Oil & Gas ❑ Non -Exempt (or Partially Non -Exempt) O Vacant Land O Residential ❑ State Assessed O Personal Property ❑ Other: The subject property should be classified as (if different than the current classification): Actual value assigned to subject property: $1, 946, 333 Petitioner's estimate of value: $1,650,000 Estimated time for Petitioner to present the appeal: minutes or 3 hours. Not less than 30 minutes. Board wit allow equal time to County or Property Tax Administrator. Appearance: ❑ Petitioner will be present at the hearing ❑ Petitioner will appear by telephone fJ Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-864-7710 ❑ Petitioner will be represented by an attorney on the scheduled date and time of the hearing (Mountain Time Zone) O 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 dosely held entity may be represented by an officer of the entity as long 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.RS. 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 it has no more than three owners and that the tax amount at issue does not exceed $15,000. A trust filing a petition may be represented by a trustee, an attorney or an agent Filing Fee: Cash is not accepted ❑ 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). ❑$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). El$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: ❑Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial E Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: DA notarized Letter of Authorization if an agent will be representing Petitioner ❑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 at the following address: on 08/29/2018 OBoard of Equalization ❑ Board of Commissioners ❑State Property Tax Administrator 1150 O Street, Greeley, CO 80632 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.) PETITIONER'S MAID G DDRESS IS REQUIRED EVEN IF PETITIONER IS REPRESENTED BY AN AGENT OR ATTORNEY Signature of Agent ■ ttorney 0 David Johnson Printed Name Joseph C. Sansone Co., 18040 Edison Ave. Mailing Address Chesterfield, MO 63005 City, State, Zip Code Telephone: 636-733-5455 E -Mail: djohnson@jcsco.com Signature of Petitioner Printed Name 1801 California Street, Suite 2500 Mailing Address Denver, CO 80202 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.00v/baa or may be requested by phone at 303-864-7710. JOSEPH C SANSONE XWANY TO: AGENT AUTHORIZATION Colorado Assessor's Office and the Assessment Review Agency rarizczeirliskaenea 11040 Bdirou Avenue Csestaisid. MO 63005 1-106-394.01/0 The Property Owner(s) listed below hereby authorize and appoint the Joseph C. Sansone Company to act as agent with full authority to handle all matters relating to ad valorem tax matters for our respective listed parcels. This includes, but is not limited to, the filing of property tax declarations or other documents with you or the Assessment Appeals Board, examining any records in your office which we have a right to examine, appearing before any assessment officer or board and discussing assessments and resolving disputes with you concerning the assessments on parcels for which we are responsible for the property taxes. This authority shall terminate when all matters relating to the 20 17 through 20 20 assessments are resolved. Creston Peek Resource Holdings LLC Exact Name of Property Owner Creators, Peek ReKlUrvis Hoktksge L C Exact Name of Property Owner Exact Name of Property Owner Exact Name of Property Owner 5 7//i DATE 146721400005 Parcel Number 181311303001 . Parcel Number Parcel Number Parcel Number R8949102 Schedule/MN/Account Of appficthe) R6778342 Schedule/PIN/Aoco nt (ieanncskle) Schedule/PIN/Account tirapptio.ele) Schedule/PIN/Account (trontooebta) CH- 11-1 Li L-1-4atkS PRINT NAME OF AUTHORIZED SIGNER C eNYTIZPt L - TITLE State of Colorado t ty/County of _J,<,•L On thiattfarty of known to me (or 1atie5cmrlly be executed the moue for the 1 f before me, the andeteigaed, personally appearedv7t-a—� person whose name is sabemibed to within this herd and that 1n wed. In witness hereof I hereunto set my baud sad official seal. RHONDA S BOWER Notary Public State of Colorado Notary ID 120014036030 M Commission Ex • 'ma 05-06-2022 Notary Pabli REVISED 06/15 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 CRESTONE PEAK RESOURCE HOLDINGS LLC 1801 CALIFORNIA ST STE 2500 DENVER, CO 80202-2638 RE: THE BOARD OF EQUALIZATION 2018, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2018-2286 Appeal #: 2008217961 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 R8949102 Deny - Administrative Deny $1,946,333 $1,946,333 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. (H) 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, p Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor Hello