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HomeMy WebLinkAbout20182213.tiffPETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Denver, Colorado 80203 Fax: (303) 866-4485 Date: 7/12/2018 Property Owner: Pelican Lakes LLC Subject Property: 1600 Pelican Lakes Point, Windsor, CO Street Address City Schedule Number(s): R1105402,R6784572,R5372708,R6787537,R6787604 Attach separate sheet if necessary Appeals the decision of the Weld County For Office Use Only Docket No. Fee: Y N Check/Credit Card # P F H ❑ Board of Equalization ❑ Board of Commissioners Dated: 06/20/2018 ❑ State Property Tax Administrator This Appeal concerns: DValuation 0 Refund/Abatement O Exemption O State Assessed Tax Year: 2015 The subject property is currently classified as: O Agricultural Ca Commercial OExempt O Industrial 0Mixed Use O Natural Resources ❑ Oil & Gas ❑ Personal DPossessory O Producing ❑Residential ❑State Assessed O Vacant Land Interest Mines Actual Value assigned to subject property: $3,664,099 Petitioner's estimate of value: $1,500,000 Estimated time for Petitioner to present the appeal: 60 minutes or 1 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: O Petitioner will be present at the hearing 0Petitioner will appear by telephone 0 Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880 0 Petitioner will be represented by an attorney on the scheduled date and time of hearing (Mountain Time Zone) Petitioner would like to appear by video conference Petitioner must contact the Board at 303-866-5880 at least 20 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 long as the amount in controversy does not exceed S10,000, 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 It has no more than three owners and that the tax amount at Issue does not exceed $10,000. A trust filing a petition as of August 8, 2012 may be represented by a trustee, an attorney or an agent. Filing Fee: 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). O $ 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). 0 $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 property's financial information shows significant losses. U�mm v In i c a�.-t i ores CC Asrt(ew/ !bp/ ov.), 0'7-13- o,' I S'- as ► 3 o'SOo9q Required attachments to this form: 0 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: 0 A notarized Letter of Authorization if an agent will be representing Petitioner O 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 ❑ Board of Equalization Board of Commissioners ❑ State Property Tax Administrator at the following address: 1150 O Street (PO Box 758), Greeley, CO 80632 on 7/12/2018 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 7/12/2018 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 7/12/2018 Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) Petitioner's Mailing Address is Required Even if Petitioner is Represented by An Agent or Attorney (per C.R.S. 39-8-109) Signature of Agent ® or Attorney CD A. Mark Dyson Printed Name 795 McIntyre Street, Suite 205 Mailing Address Golden, CO 80401 City, State, Zip Code Telephone: 303-810-6805 E -Mail: mdyson@dycodiv.com Signature of Petitioner Pelican Lakes LLC & Trollco (related) Printed Name 1625 Pelican Lakes Pt, Ste 201 Mailing Address Windsor, CO 80550 City, State, Zip Code Telephone: 970-686-5828 Daytime number E -Mail: gkerr@watervalley.com Attorney Reg, No.: 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 Web at www.dola.Colorado.gov/baa or may be requested by phone at 303-866-588O. LETTER OF AGENCY Date 5/16118 Name of Party with Standing: Pelican Lakes LLC Address of Property Owner: 1600 Pelican Lakes Point, Windsor, CO Telephone Number of Owner: 970.686.5828 Email Address of Owner: lsie lAviaterva'tevcorn Name of agent authorized to pursue property tax valuations for Owner:_ Mark Dyson Address of Agent: 795 McIntyre Street, Suite 205, Golden, CO 80401 Telephone Number of Agent 303-810-6805 Email Address of Agent: mark.dyson1 comcast,net Party with Standing hereby gives authority to person or entity listed above to pursue property tax abatements. If Party with Standing is an entity, the person whose signature appears below hereby verifies that he/she has the authority to act on behalf of the entity. This agency is for the specific tax year(s): 2015, 2016 & 2018 This agency Is for the specific property: Property at 1600 Pelican Lakes Point, Windsor, CO If Party with Standing is an Entity; Signatory's Name: (print) Signatory's Position: Address of Signatory: Telephone Number of Signatory: Email Address of Signatory: STATE OF COLORADO ) ss. COUNTY OF WELD LLC. Signature of Partywitli Standing Gary Kerr CFO & General Manager 1625 Pelican Lakes Point, Windsor, CO 80550 970-460-1691 g ke rratwate rval I ey.com LARA D WYNN Notary Public State of Colorado Notary ID P 20044032091 M Commission Ex tires 09-09-2020 The foregoing was acknowledged before me this July I I, 2018, by Gary Kerr as CFO/General Manager of Pelican Lakes, My commission expires: September 9, 2020 Witness my hand and official seal, no, N Publi cc July 2, 2018 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 PELICAN LAKES, LLC 1600 PELICAN LAKES POINT WINDSOR, CO 80550 RE: SCHEDULE NUMBERS R1105402, R6784572, R5372708, R6787537, AND R6787604 Dear Property Owner: On June 20, 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.Q0.us/baafindex.htm Very truly yours, Chloe A. Rempel Deputy Clerk to the Board crempel@weldgov.com cc: Weld County Assessor DYCO Diversified, Inc. RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBERS R1105402, R6784572, R5372708, R6787537, AND R6787604 - PELICAN LAKES, LLC 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 20th day of June, 2018, at which meeting there were present the following members: Chair Steve Moreno, and Commissioners Barbara Kirkmeyer, Sean P. Conway, Julie A. Cozad, and Mike Freeman, 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 represented by Brenda Dories, Assessor's Office, and taxpayer, Pelican Lakes, LLC, being represented by DYCO Diversified, Inc., 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 S0.00 2016 co., aSt2cG(....Jr(3pt t)►i1 co -c. APPG,C.Ppt. RAP O'rro2rt4' 2018-1958 AS0099 TAX ABATEMENT PETITION — PELICAN LAKES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d^) L b ;11 Weld County Clerk to the Board BY: Deputy Clerk to the Board FORM: County Attorney Steve Moreno, Chair ;'Barbara Kirkmeyer,!Pro-Tem e Freeman Date of signature: CX.ot FXnf19( 2018-1958 AS0099 County. Weld PETITION FOR AEATEMENT OR REFUN0 OF TAXES Date Received • EIVED (ties Asaeesora or Commissioners e p Section i Petitioner, please complete Section t only. Date: 12/28/2017 Menth Day Year Petitioners Name: Pelican Lakes, LLC Petitioners Marling Address: 11300 Pelican Lakes Point Windsor CO 80550 DEC 292017 wtaEar, CoL RECEIVED City or Town SCHEDULE9R PARCEL NUNBER(S) RI 105402, R8784572rR5372708 R6787537.!R6787604 Stale Zp Code PROPERTY ADDRESS OR LEGAL DESCRIPfON OF PROPERTY 1600 Pelican Lakes Point, Windsor, CO MAY 292018 WELD COUNTY COMMISSIONERS Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for property tax year(a) 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, dental error or overvaluation. Attach additional sheets if necessary,) See attached report Petitioner's estimate of vacua: $1,520,000 Value (2015 ) and $1,520,000 42(..) ti Year Value year i declare, under penalty of perjury in the second degree, that this petition, together with arty 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. Daytime Phone Number j P signatureSleeatu By Daytime Phase Number (303.8110.58fre 'sties 'Letter of must be 'stiachad when peittton is atibniered by en agent tf the Board of County Commissioner*. pursuant to d 39 -to -114(t). C.R.S., of the Property Tax Administrator, pursuant to 4 38.2.115, C.R.S. denies the petition for refund or abatement Cf taxes in while or in part, the Petitioner may appeal to the Board of Assessment Appeals sunward to tote potistons of § 38.1.128, C.R.S., within tidrty days ot the envy et any such derision, S ae-10-i 14.6(1), G.R.S. Section li; Assessor's Recommendation (For Assessor's Use Only) TaxYaar=-b i- Tax Year ,2.0 I &slue Mottled Iii debts! dcaasaad 1st ortaind 1(.6i4,pco / 01.2.181 !3 vitc).rz 4r oi1 /, 04' j ti"1 /4/ 2:, Vb�:03 Convicted j ' Abate/Behind /" ("` 4 Assessor recommends approval as outlined above. I! the request to ebstement la treed upon the grounds of overvaluation. no aoatement or refund of taxes shall be made rt en objaaon or aroter to such teatime has been Sled ens a Notice of Determination has been mailed to the taxpayer, § 39-10-114O )(SAND), C.R.S. Tax year. -' I :+ Protest? Yes at a protest was filed, Ouse attach a copy otitis NOD.) Tax year, 7.' / •1 Protest? i3l No Q YU, (If a protest was tiled, please attach a copy or em NOD.) 3 Assessor recommends dental for the following reason(s): co -vv fad r- 1,44.4, 2018-1958 15.0PT.AR No. GObeall l Hello