HomeMy WebLinkAbout20172419.tiffAugust 9, 2017
Petitioner:
BROE LAND ACQUISITIONS 10 LLC
ATTN JOHN STONE
252 CLAYTON ST FL 4
DENVER, CO 80206-4814
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):
DUFF & PHELPS
1200 17 STREET SUITE 990
DENVER, CO 80202
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2017-2419 Appeal #: 2008216986 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
R6775991 Stipulated - Approved $653,943 $25,278
Stipulated Value
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,
Esther E. Gesick, Clerk to the Board
Weld County Board of County Commissioners
and Board of Equalization
Cc: Christopher Woodruff, Weld County Assessor
COUNTY BOARO OF UALI ATIO
WE COUNTY
Single County Schedule Number R6775991
STIPULATION (As To Tax Year 201Actual. Value)
RE PETITION
NAME: Bree Land Actions
ADDRESS: 31525 Great Western Dr.
Windsor, 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 propel subject to this Stipulation is described as:
TRACT B GREAT WESTERN INDUSTRIAL PARK 4TH FIG
2. The subject property is classified as commercial property.
3. The- County Assessor originally assigned the following attual value to the:
subject property for the tax year 2017:
Total $653,943.00
4. A-fter further review and negotiation, Petitioners and Weld County, Assessor
agree to the following tax year 2017 actual value for the subject property:
Total. $25,278.00
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:
The hearing scheduled before the Board of ualization on 8/2/l7 -at 3:0
PM be vacated.
R6775991
DA hearing has not yet been se. dui s before the Board of Equalization.
1
DATED this 27th day of.1uIy, 2017.
*et rea is I
Petitioner{s} or Agent or Attorney
044 id%eiteei Vass, 6424, cidgiar
pti-082...
Telephone: 303 -ert 0 — 903
Docket Number
Stip 1.Fr
P4775991
11/ _
cAstaniQ ' 'County Att�mey for
Reipondht,. Weld County Board of
Commissioners
Address:
1150 'V Street
P.O.. Box 758
Greeley, 806.32
T a'I ai p .e-.(970) 336•1236
Address:
1400 t4.17th Avenue
Greeley, C' 80631
Telephone: (970) 35”845 e* 3697
2
r
NOTICE OF DETERMINATI
N
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Date of Notice: 6/30/20 17
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
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R6775991
2017
4009
TRACT B GREAT
,
WESTERN
INDUSTRIAL
PARK 41
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BROE
LAND
ACQUISITIONS
10
LLC
ATTN
252
DENVER,
CLAYTON
JOHN
Co
STONE
ST
80206.4814
FL
4
31520
WINDSOR
GREAT
, Co
WESTERN
DR
JUL
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WELD
CCOUN
COMMISSION:
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INDUSTRIAL
AG
LAND
648,160
5,783
648,160
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$6537943
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:
CMOS- 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 Assessors decision, you have the right to appeal to the County
Board of Equalization for further consideration, § 39-8406(1)(a), C.R.S.
The deadline for filing real property appeals is July 15.
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):
DUFF & PHELPS
1200 17 STREET SUITE 990
DENVER, CO 80202
16-DPT-AR
PR 207-08/13
R6775991
RS
201 7- 419
County Board of Equalization Hearings will be held from
July 24th through August 4th at 1150 0 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
1150 o Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 3564000 ext, 4225
Online: http://www.co.weld.co._us/apps/cboel
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 with proof of mailing.
You will be notified of the date and time scheduled for your hearing. The County 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 sAenent als District Court
1313 Sherman treet, Room 315 Contact the District Court in the County
Denver, CO 80203 where the property is located. See your
(303) 866-5880 local telephone book for the address and
wwv.dola,col oradq,_gov/boa telephone number.
Bindina ins Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
l 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, § 39-1420M, C.R.S.
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-$-106(1.5), C. R. .)
$1,000
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.)
Parcel is used by state -assessed railroad and is undevelopable.
1, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
and on any attachments hereto are true and complete.
tor_.� -t
�'
Signature
charlie.youngduffandphelps.com
Email Address
303-749-9005
Telephone Number
1 Attach letter of authorization signed by property owner_
7/10/2017
Date
16 -DPI -AR
PR 207-08113
R6775991
4
DUFF &PHELPS
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80831
Subject: 2017 Board of Equalization Appeal for 31520 Great Western Drive
Dear Honorable Board:
May 31,2017
As duly authorized agent of The Broe Group and its associated entity Broe Land Acquisitions 10 LLC,
Duff & Phelps LLC is hereby filing an appeal to the Weld County Board of Equalization for the 2017
value of the following account
Schedule # / Parcel #
Address
2017 NOD Value
D&P Requested Value
R6775991
31520
Western
Great
Drive
$653,943
$1,000
This parcel is used by the RR, the shape is not developable
Our authorization to appeal is attached. This notice of appeal is being sent via certified mail with
tracking number 7017-0530-0001-0459-3922_
If you have any questions, please feel free to contact me at 303449-9034 or at
m ichaei.vandonselaarduffand pheips.corn .
Sincerely,
Vet%
Mike Van Donselaar
Vice President, Duff & Phelps, LLC
Duff & Phelps, LLC
120017th Street
Suite 990
Denver, CO 80202
T #t 303-749-9034 michael_vandonselaaredurfandphelpsecom
vr. d uffand phis. coat
a t e* Of-Aani.fgra nlat
Duff & Phelps, LLC is authorized to represent Bros Real Estate Services and its related entities
with the assessment of proms tax for the real property listed In Exhibit A. Any and all previous
authorizations are hereby revoked. Duff & Phelps, LLC Is authorized to act on our behalf in
obtainer and providing Information, negotiating, and among for all real property matters
rested to the property owned* possessed, or controlled by the undersigned at the referenced
add (s). This agent Is delegated kill authority to act on the ow w's behalf for al matters relative
to assessments and to represent us, with the assistance of legal counsel, if necessary, in the appeal
process.
This appointment of agency remains in effect for tax year(s) 2017-2018 or until revoked in writing
by Bros Real Estate Services or Duff & Phelps, LLC.
All correspondence should be directed to the fo$ow
Name: --- iJMr48T.
. I .
ent
Agent Company:
Puff &
Phetni,
LLB
eet Address:
-- - -' -
1200 17th Street, Suite 990
Denver, Colorado 80202
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Number
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50 South Steele St.
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1001 E leyaud Ave.
Denver, CO
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Denver., CO
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Windsor, CO
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9713 County Road 74
Severance. CO,
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2775 71st Ave
Greeley, CO
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Denver. CO
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Exhibit A — List of Properties Represented by Duff & Phelps
County
Owner
Entity
Schedule
Address
Denver
252 Clayton
Associates,
LLC
05122-21-020-000
252 Clayton
St.
Denver
Pierce
Investments
LTD
05125-09-009-000
50 S. Steele
St.
Denver
216 Clayton
Street
LLC
05122-21-026-000
216 Clayton St
Denver
216 Clayton
Street LLC
05122-21-027-000
220 Clayton St
Denver
Ogden Associates
LTD.
05114-07-073-000
1001 E.
Bayaud Ave.
Denver
Ogden
Associates
LTD,
05114-07-092-000
1101 E. Bayaud Ave.
Denver
Country Club
Gardens Investments
LTD
05114-07-082-x}00
12 S. Ogden St.
Denver
Country Club
Gardens
Investments
LTD
05114-07-096-000
14 S. Ogden
St.
Denver
Country Club
Gardens
Investments
05114-07-097-000
15 S.
Downing St.
LTD
Denver
Rock
Solid
Ground
Investments
LTD
05114-07-095-000
23 S.
Downing St.
Denver
Skypark
Partners
LTD
02345-09-067-000
1801 Arapahoe
St.
Denver
Skypark
Partners
LTD
02345-09-018-000
1820
Lawrence St.
Weld
Windsor Renewal
I
LLC
R6783081
Weld
Windsor
Renewal
I
LLC
86783082
Weld
Windsor Renewal
I
LLC
R6783083
Weld
Windsor
Renewal
i
LLC
R6783084
Weld
Broe
Land Acquisitions
II
LLC
R6775979
32050 Great
Western
Drive
Weld
Broe
Land Acquisitions
II
LLC
R6775986
' 31525 Great Western
Drive
Weld
Broe
Land Acquisitions
H
LLC
R6775992
\ 31505 Great
Western
Drive
Weld
Broe
Land Acquisitions
II
LLC
R6781157
Weld
Broe Land
Acquisitions
II
LLC
R6781140
Weld
Broe
Land Acquisitions
II
LLC
R6786052
Weld
Broe
Land
Acquisitions
II
LLC
R6781159
Weld
Broe
Land Acquisitions
II
LLC
R6781160
Weld
Brae
Land
Acquisitions
II
LLC
R6781162
Weld
Broe
Land Acquisitions 10
LLC
R6775987
; 31840 Great Western
Drive
Weld
Broe
Land Acquisitions
10
LLC
R6775991
31520 Great Western
Drive
Weld
Weld
WRD3 SEVERANCE SHORES LLC
WRD3 SEVERANCE SHORES LW
R8943828
R8943826
9713 County Road 74
Weld
WRD3 SEVERANCE SHORES LLC
R6783083
Weld
WRD3 SEVERANCE SHORES LLC
R6783084
5—Neld
WRD4 GREELEY PROPERTY LLC LR33464os
2775 71st Ave
RilontgomeryTWELLBLACK 1 LLC
9601 Blackwell
Waukesha
RIVERWOOD
CW
LLC
PWC 0949998008
N17W24222
Riverwood
Dr
Waukesha
RIVERWOOd
CW
LLC
PWC 0949998016
N19W24133
Riverwood
Dr
Denver
BRO
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PAU
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0512413009000
2800
E. Cedar
Ave
Denver
2830
EAST
CEDAR
LLC
0512413005000
2830
E. Cedar
Ave
Denver
PENNPROP
I
LLC
0512413013000
2805
E. Alameda
Ave
Denver
PENNPROP
I
LLC
0512413027000
2731
E. Alameda
Ave
Denver
2500
East cherry
Creek
LLC
0512420131131
2500 Cherry Creek
South
Drive
Denver
MARPARK 1
LLC
0514215288288
460
S.
Marion
Street
Parkway
4
Denver
BROE
HOLDINGS
LLC
0522129024000
1401
S.
Pennsylvania
Street
Eagle
1290 WESTHAVEN
LLC
R008212
1270
Westhaven
Circle
Eagle
SI
PARTNERS
LTD
R064969
1290
Westhaven
Circle
Eagle
NEPTUNE
PARTNERS
LTD
R010244
1320 Westhaven
Drive,
Millrac(
San
Diego
346-362-18-10
8034 El
Paseo Grande
San
Diego
346-072-04-00
8415
El
Paseo Grande
Arapahoe
In Common Broe/Hadji
Family
031934826
39 Sedgwick
Drive
Tenancy
Platte
SI
PARTNERS
LTD
R0004531;
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2612
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SAM
DUFF &PHELPS
1200 17th Street, Suite NO Denver, CO 80202
Weld County Board of Equalization
PO Box 758
Greeley, CO 80631
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July 21, 2017
Petitioner:
BROE LAND ACQUISITIONS 10 LLC
ATTN JOHN STONE
252 CLAYTON ST FL 4
DENVER, CO 80206-4814
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):
DUFF & PHELPS
1200 17 STREET SUITE 990
DENVER, CO 80202
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket #: 2017-2419, AS0097 Appeal #: 2008216986 Hearing Date: 8/2/2017 3:00 PM
Account(s) Appealed:
R6775991
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of AUGUST 2, 2017, at or about the
hour of 3:00 PM, to hold a hearing on your valuation for assessment. This hearing will be
held at the Weld County Administration Building, Assembly Room, 1150 O Street,
Greeley, Colorado.
You have a right to attend this hearing and present evidence in support of your petition.
The Weld County Assessor or his designee will be present. The Board will make its
decision on the basis of the record made at the aforementioned hearing, as well as your
petition, so it would be in your interest to have a representative present. If you plan to be
represented by an agent or an attorney at your hearing, prior to the hearing you shall
provide, in writing to the Clerk to the Board's Office, an authorization for the agent or
attorney to represent you. If you do not choose to attend this hearing, a decision will still be
made by the Board by the close of business on August 5, 2017, and mailed to you within
five (5) business days.
Because of the volume of cases before the Board of Equalization, most cases shall be
limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative
that you provide evidence to support your position. This may include evidence that similar
homes in your area are valued less than yours or you are being assessed on improvements
you do not have. Please note: The fact that your valuation has increased cannot be
your sole basis of appeal. Without documented evidence as indicated above, the Board
will have no choice but to deny your appeal.
If you wish to obtain the data supporting the Assessor's valuation of your property, please
submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you
have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will
notify you of the estimated cost of providing such information. Payment must be made prior
to the Assessor providing such information, at which time the Assessor will make the data
available within three (3) working days, subject to any confidentiality requirements.
Please advise me if you decide not to keep your appointment as scheduled. If you need
any additional information, please call me at your convenience.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of County Commissioners
cc: Christopher Woodruff, Assessor
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