HomeMy WebLinkAbout20172472.tiffAugust 9, 2017
Petitioner:
ARCHLAND PROPERTY I LLC
CIO ASPEN FOOD SERVICE
1822 SKYWAY DR UNIT N
LONGMONT, CO 80504-5204
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):
CONSULTUS ASSET VALUATION INC
68 INVERNESS LANE EAST SUITE 205
ENGLEWOOD, CO 80112
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2017-2472 Appeal #: 2008216979 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
R4636906 Stipulated - Approved
Stipulated Value
$1,013,575 $960,000
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,
a.Le. .,,,,-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 R4636906
STIPULATION (As To Tax Year,2017_ Actual Value)
RE PETITION OF : MCDONALDS, 150 PARISH AVE, JOHNSTOWN
NAME: ARCILA D PROPERTY I LLC
ADDRESS: C/O ASPEN FOOD SERVICE
1822 SKYWAY DR UNIT
LONGM0NT, T, CO 80504-5204
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2017 valuation of the subject .property, and jotntty 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:
JON 1.I MAR PT L3A AMD JOHNSTOWN CENTER 1ST COMMER.CIAL
ADD A i RPLT EXC BEG NE COR SEC 8 SDSTE 60.0' TFI 89DOW 33.0'
TO NE COR L3A TPOB TH 89DO' 25.2' TH ALG CURVE TO R
(R=4D CRO ' ' = 47D3'E 18.3' TH SOME 123' 8344DTE 12.4` OD5'E
137.5' TH ALG S 111 SD LOT N89DO ETB NOD5'W 172.1' TO TPOB
2. The subject property is classified as Commercial property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2017:
Total $1,013,575.00
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2017 actual value for the subject property:
Total $960,000.00
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:
Further review of all approaches to value indicated an adjustment.
7. Both parties agree that:
R4636906
1
*et!, e.t
Eine hearing scheduled before the Board of Equalization on 811/2017 at
2:30 pm be vacated,
DA hearing has not yet been scheduled before the Board of Equalization.
DATE t ;'s 24th day of July, 2017.
Petitio or Attorney
s stant) Count9 drney for
Respondent, Weld County Boat of
Commissioners
Address: Address:
--- emi_SviLliS.. a g Sd�' 11�u�1'i oaJ 1150 "Cr Street
a i �6�,� 6s S EJ E � � P.O. Box 758
tu000 Co Qua Greeley, CO 80632
Telephone: Tal' nd_"illiao
Docket Number
Stips1 .Frm
R4636906
Telephone:(970) 336e7235
aunty Asessor
Address:
1400 NAM 7th Avenue
Greeley, CO 80631
Telephone: (970) 3534845 ext. 3697
2
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
RECEIVED
JUL 182017
WELD COUNTY
Date of Notice: 6/30/2017
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
IACCOUNT
NO.
TAX
YEAR
I TAX
AREA
LEGAL
DESCRIPTION/
PHYSICAL
LOCATION
R4636906
2017
0567
JOH
1JCCAR
PT
L3A AMD
JOHNSTOWN
CENTER
-
--
1ST
COMMERCIAL
ADD
AMD
RPLT
BEG
NE C
EXC
- - - -
p
w
ARCHLAND
C/o
ASPEN
PROPERTY
FOOD
I
LLC
OR
SEC
8 Sa5'E
60.0' TH
89O0W
33.0'
TO
SERVICE
1822
SKYWAY
DR UNIT
N
NE
COR
L3A & TPOB TH
N88D0'W
25-2' TH AL
LONGMONT,
co 80504-5204
G CURVE
TO R (R=4') CHORD=S47D3'E
18.3'
ROPERT 1
TH
S0D5'E 12.5'
S34D5'E
12.4' SOD5'E
137
150
PARISH
AVE
_
JOHNSTOWN
, CO
ASSESSOR'S VALUATION
PROPERTY
CLASSIFICATION
ACTUAL
VALUE
PRIOR
TO
ACTUAL
VALUE
AFTER
REVIEW
REVIEW
COMMERCIAL
1,013,575
1,013,575
TOTAL
$1,013,575
$1,013,575
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based on
the following:
CM05 - The law requires that data from Jan 2015 to June 2016 be used to establish current values.
We have considered all three approaches to value and we have denied your appeal based upon this
data.
If you disagree with the Assessor's decision, you have the right to appeal to the County
Board of Equalization for further consideration, § 39-8-106(1 RRa), CR.&.
The deadline for filing real property appeals is July 16.
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies. The mill levy requested by each taxing
authority is based on a projected budget and the property tax revenue required to adequately fund
the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall.
If you are concerned about mill levies, we recommend that you attend these budget hearings.
Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities.
Please refer to the reverse side of this notice for additional information.
Agent (If Applicable):
CONSULTUS ASSET VALUATION INC
68 INVERNESS LANE EAST SUITE 205
E N LEWOO D, CO 80112
16 -OPT -AR
PR 207-08/13
R4636906
2017-2472
APPEAL PROCEDURES
County Board of Equalization Hearings Will be held from
July 24th through August 4th at 1150 O Street.
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown
below, and mail, file online, or deliver a copy of both sides of this form to:
Weld County Board of Equalization
1160 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: http://www.cp.weld.co.us/apps/cboeJ
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 15 for real property - after such date, your right to
appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we
recommend that all correspondence be mailed withproof of mailing.
You wilt be notified of the date and time scheduled for your hearing. TheCounty Board of
Equalization must mail a written decision to you within five business days following the date of the
decision. The County Board of Equalization must conclude hearings and render decisions by August
5, § 39-8-107(2), C.R.S. if you do not receive a decision from the County Board of Equalization and
you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by
September 10, § 39-2-125(1)(e), C.R.S.
If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your
appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of
the following:
Board of Assessment Appeals District Court
1313 Sherman Street, Room 315 Contact the DistrictCourt in the County
Denver, CO 80203 where the property is located. See your
(303) 866-5880 local telephone book for the address and
www.dola.colorado.govibaa telephone number.
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document
falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed
on the next business day, ic 39-1-120(3)1 C.R.S.
TO COUNTY
BOARD
PETITION
OF
EQUALIZATION
What is your estimate of the property's value as of June 30, 2016? (Your opinion of value in terms of a
specific dollar amount is required for real property pursuant to § 39-6-106(1.5), C.R.S.)
What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original
installed cost, appraisal, etc.)
Assessor's value does not reflect market.
I, the undersigned owner or agents of the property identified above, affirm that the statements contained herein
and on any attachments hereto are true and complete.
Signature 'dr
j letma n@consuitus.biz
Email Address
303-770-2420
Telephone Number
'Attach letter of authorization signed by property owner.
7/14/2017
Date
16-DPT-AFB
PR 207-08/13
R4636906
APPOINTMENT OF AGENT
/_4/7_16
ATE
TO WHOM IT MAY CONCERN:
AGENT: Consu tus Asset Valuation, Inc.
68 Inverness Place East #103
Englewood, CO 80112
Fax: (303) 770-2430
Phone: (303) 7704•2420
cnsultus Asset Valuation, Inc. is authorized to represent Archland Prooerty I PLC in property tax
valuation matters for the years 2017 through 2018. Please contact Consuitus regarding all property tax issues, The
properties are indicated below:
COUNTY
SCHEDULE
NO,
ADDRESS
Weld
R4636906
150
Parish
Ave.
F /J
.tes-Letars-- SeXe
er(signatu -- ..--- Date �..
Prinked
Title Manaaho Member
Company Name _
Phone No. _---.
Archland Property I LLG
KOEN-WE-003
Subscribed and sworn before me this 'C0 clay of
My commission expired / 1_2-S l 1 1_ .
REBECCA SANGUINETTE
ST. flak
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 201 45908
MY COMMISSION EXPIRES NOVEMBER 25, 2019
2011 Ti
ALCDONAL D'S CORPORATION
PO BOX 66351
AMP O't1ARE AIRPORT
CHICAGO, IL 60666
PHONE: 630/623-3295
FAX: 63 0162 3-3491
Pm IovIn'IV
Letter of Authority to Act in Matter of Property Taxation
To whom it may concern,
McDonald's Corporation hereby authorizes Gary Koenig, as McDonald's Franchisee(s),
the authority to file returns and applications, examine any records and discuss or appeal
tax assessments to the appropriate authorities for the purpose of obtaining the property
tax values relative to the following Colorado properties owned, managed or controlled by
this company.
McDonald's Restaurant @ 150 Parish Ave.
McDonald's Restaurant @ 209 E. 29th St
McDonald's Restaurant @ 3650 52 Hwy
BY:
TITLE:
DATE:
cAA' Otera
Assistant accretai
05/31/2017
Subscribed and sworn to be re me this 31th day of Ma
Notary Publ'
2017
OFFICAL SEAL
WILGORZATA SRRGUSA
NOTARY PAW .SIM OF ILLINOIS
• 361
CONSULTUS
Appraisers & Counselors
68 Inverness Lane East #103
ASSET VALUATION, INC. Englewood, CO 80112
Maximizing Your Resources
July 14, 2017
Weld County BOE
1150 O Street
P.O. Box 758
Greeley, CO 80631
RE: 2017 Appeals
phone 303-770-2420
fax 303-770-2430
www.consultus.biz
Enclosed please find our 2017 appeals dated July 14, 2017 for the following schedule numbers.
Address
Schedule Nos
Secondary Sch#
FILE
NAME
KOEN-
E-OO2
3650 52 Hwy
R1918302
KOE - E-003
150 Parish Ave.
6
R4636906
Please date stamp, sign and return the colored copy of this letter to confirm receipt of the
Appeals.
Sincerely,
Jason Letman
Consultus Asset Valuation
Certified Mail Number 7006 2760 0004 1130 0883
CONSULTUS
asset va&uAVIrler
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CONSULTUS
ASSET VALUATION, INC.
Weld County BOE
1150 0 Street
P.O. Box 758
Greeley, CO 8 631
CONSULTUS
(fa?
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CPU
68 Inverness Lane East
Suite 405 102
Englewood, CO 80112
U.S. POSTAGE
$7.50
FCMF 0000
Orig. 80112
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07/14/17
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