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HomeMy WebLinkAbout20172377.tiffAugust 9, 2017 Petitioner: MARGOLIS LAND COMPANY LLC 410 STRONG ST BRIGHTON, CO 80601-1735 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 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2017-2377 Appeal #: 2008216908 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 2017. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R4190006 Stipulated - Approved Stipulated Value $214,099 $195,000 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): �)(a)(I) On and after August 10, 2011, in addition to any other requirements under law, any petitioner ppealing 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, az,Ld .c:41+A Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R4190006 STIPULATION (As To Tax Year_2017_ Actual Value) RE PETITION OF : R4190006 NAME: MARGOLIS LAND COMPANY LLC ADDRESS: 410 STRONG ST BRIGHTON, CO Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2017 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: PT NW4 32-1-66 LOT B REC EXEMPT RE -4217 2. The subject property is classified as Vacant property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2017: Total $214,099.00 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year2017 actual value for the subject property: Total $195,000.00 5. The valuation, as established above, shall be binding only with respect to tax year 2017. 6. Brief narrative as to why the reduction was made: After further review of sales was able to lower value. 7. Both parties agree that: The hearing scheduled before the Board of Equalization on (Date) at (Time) be vacated. ®A hearing has not yet been scheduled before the Board of Equalization. 84190005 1 DATED this 18 July, 2017. orr r{ or.Agent or Attorney Address: 94 $sue 7 lojdn /n .j`O•bo/ Telephone: 7070 34-2 QYSY Docket Number Stip- l.Frm R4190006 ( ssistant) County Attorney. for Respondent, ►Held. County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Tete hone;(970) 336-7235 Cow y. ssor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 2 From: To: Subject: Date: Attachments: weld-oboe@weldgov.com CTB-County Board of Equalization Board of Equalization Appeal Submitted Saturday, July 15, 2017 7:46:01 AM Client 1 Page25011.pdf Appeal Submitted: 07:45 AM on Saturday July 15, 2017 Contact Information Supplied: • Contact Name: Margolis Land Company LLC • Contact Email: Brian@'TkheMargolisteam.com • Contact Phone: (720) 352 - 0454 • Email Preference: Contact through email Property: R4190006 - WELD ► Legal: PT NW4 32-1-66 LOT B REC EXEMPT RE -4217 Estimated Value: $ 168,000 Reason: Metrolist # 5676615 was listed at $140,000 and sold for S 120,000. This parcel was also 10 acres and on a busy road like the subject which is east of Highway 85 and has busy RR tracks very close to it and commercial across the street. MLS# 1620091 sold for $222,500 is closer but further West and with views and not near the RR or busy road nor commercial,. Taking into an account of location we are at least 25% less in value than that property and can argue we should even be lower when comparing to MLS # 5676615. Documents 1.) Client_ 1_Page25011.pdf You have selected the following Date Preferences: July 27, 2017, at 1:30 p.m. - 2:30 p.m. July 31, 2017. at 1:30 p.m. - 3:00 p.m. .July 26, 2017, at 1:30 pan. - 3:00 p.m. July 27, 2017, at 9:00 a.m. - 10:30 a.m. Brian Margolis Keller Williams Preferred R We Sell al Home Every 3_5 I s1 a . I a Office: (303) 45.E-3300 3), Cell: 720-352-0464 Fax: (303) 452- 620 t fe -B s EM+AR OLI STEAM.COM ,Th.eM argolisTeam.eorn 8268 CR 4 BRIGHTON CO 80602 Locale Brighton County Weld Legal MLS# Sold Price Contract Date Sold Date Seller Type Term 1620091 $222,500 01/21/16 04/26/16 Individual Cash Status Sold Status Cond None Known Buyer Broker Pd Listor/Seller Concessions None Concessions $ 0 Property Type Land Acres 8.420 Rights Views Site Type Site Topography Site Description PT N2NW4 33-1-67 LOT A RECX13-0005 Zoning AGR-NEC Zoning Jurisd Incorporated Frontage Faces Primary Road Accessed By Maintained By School District Weld County RE -8 Water Tap Well Depth Well Type Water Sources Permitted Uses Other Utilities Exterior Features Available Reports Not Pd Sewer Tap Sewer Septic Gas Gas Tap Gas Type Survey Type Electricity Available Electricity Service Issued Permit #'s Horse Property Horse Features Other Livestock Yes Outbuildings # of Outbuildings 0 HOA Exclusions Covenants No Multiple HOAs HOA Fees None Public Remarks This is an open canvas ready for you to build your dream home. This lot has amazing view to the West. It is easily accessible. Close to Road 2 and Road 17.. This lot is located in Weld County. The house can face any direction you would like. Plenty of room for a home, corals and outbuildings. r, r C r 7 C tal Couny Road d U 1O 2D -f; 7 Mi:rm€'it COf; ral 2017 HERE Presented By: Brian Margolis, REALTOR Generated on: 07/14/2017 All data deemed reliable but not guaranteed. Copyright REcolorado © 2017. All rights reserved. REcolorado.com Client 1- Page Page 1 of 2 Highway 52 FORT LUPTON CO 80621 Locale Fort Lupton County Weld REccIcradc' Legal MLS# Sold Price Contract Date Sold Date Seller Type Term 5676615 $120,000 12/13/15 01/26/16 Individual Cash Status Sold Status Cond None Known Buyer Broker Pd Concessions None Concessions $ 0 Property Type Acres Rights Views Site Type Land 10.000 Mountain View Agricultural Site Topography Flat Site Description The SE 1/4 of the NE 1/4 Section 4 TIN 67 W Zoning AG Zoning Jurisd County Incorporated Frontage Faces 450 South Primary Road Accessed By Paved Road Public Road Maintained By County School District Weld County S/D RE -8 Water Tap Well Depth Well Type Water Sources Permitted Uses Other Utilities Fence Exterior Features Available Reports Not Drilled Partially Fenced Sewer Tap Not Pd Sewer Septic Gas Gas Tap Gas Type Survey Type Electricity Yes Electricity Service Issued Permit #'s Horse Property Yes Horse Features Other Livestock Yes Outbuildings No # of Outbuildings 0 HOA Exclusions Covenants No Multiple HOAs Any mineral rights No Covenants HOA Fees Public Remarks 10 acres of land on Hwy 52 just West of Rd 19 on the North side. Access off Road 19. Well permit has not been applied for. ,:d -i4 I 52 I 277y1trcz it Cormat c 2J'? HERE Presented By: Brian Margolis, REALTOR Generated on: 07114/2017 All data deemed reliable but not guaranteed. Copyright REcolorado © 2017. All rights reserved. REcolorado.com Client 1- Page Page 2 of 2 Hello