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HomeMy WebLinkAbout20172546.tiffAugust 9, 2017 Petitioner: MOOSE PROPERTIES LLC 4631 W 20TH STREET RD UNIT 100 GREELEY, CO 80634-3204 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): PROPERTY TAX ADVISORS INC 3090 SOUTH JAMAICA COURT SUITE 204 AURORA, CO 80014 RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2017-2546 Appeal #: 2008217106 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. The Assessment and valuation is set as follows: Account # Decision R6905398 Stipulated - Approved Stipulated Value Actual Value as Actual Value as Set by Determined by Assessor Board $2,158,000 $1,774,400 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 a peal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A heapp 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, k?4,-A Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor I COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R6945398 STIPULATION (As To Tax Year 011. Actual Value) RE PETITION OF : a NAME: Moose Properties LLC ADDRESS: 1901 561h Ave. Greeley, 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 ofEqualization tion 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: OR Il 11-78t8 L8 BLK1 HILAND PARK 1ST REPLAT . The subject property is classified as commercial property. Oa . The County Assessor originally assigned the following actual value to the subject property for the tax year 2017: Total $2,158,000.00 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 $1,774,400.00 5, The valuation, as established above, shall be binding only with respect to tax year 2017. 6. Brief narrative as to why the reduction was made: • Further review of all approaches to value indicated an adjustment. 7. Both parties agree that: 0.1w hearing scheduled before the Board of Equalization on (Date) at (Time) be vacated. R6905398 ZiA hearing has not yet been scheduled before the Board of Equalization1 1 • I ATED this 19th day of July, 2017. rpoi Petit oner(s) or" ' sent or ♦ ttorney .1 stSnt County £ ttorney Respondent, Weld County Beare of •1.4 044 V i Commissioners Address: Address: �' gcqo rZ7i!vvaca1 150 cc 0M Street P10. Box 758 . Greeley, CO 80632 Telephone: 3- We• etalut Teie•hone:(870) 33$-723a Docket Number Stip- t . Frxn R6905398 V .r do County As''#s or Address: 1400 N.l7th Avenue Greeley, CO 80631 Telephone: (970) 353,p3645 ext. 3697 NOTICE OF DETERMINATION Christopher M. Woodruff We l d County Assessor 1400 N 17th Ave Greeley, CO 80631 Date of Notice: 6/30/2017 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00AM 00AM — 5:00PM 00 PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R6905398 2017 0600 CR HI1 R-7&8 L8 BLK1 HILAND PARK 1ST REP LAT R c 1 * � - ce la MOOSE 4631 GREELEY, PROPERTIES W 20TH CO STREET 80634-3204 LLC RD UNIT 100 1901 GREELEY 56TH AVE , CO •� _ L 1 � • 2611 FORE WELD COUNTY COMMISSIONERS PROPERTY T CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE REVIEW PRIOR TO ACTUAL VALUE REVIEW AFTER 517,945 2,071,775 1,726,399 431,601 EXEMPT COMMERCIAL PROPERTIES $2,589,720 $2,158,000 TOTAL 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: CA403 - After review of your property, we have made adjustments. This was done because of additional information obtained, or provided through the appeal process. 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-X106(1)(a), C.I .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 foradditional information. Agent (If Applicable): PROPERTY TAX ADVISORS INC 3090 SOUTH JAMAICA COURT SUITE 204 AURORA, Co 80014 16-DPT-AR PR 207-08/13 R6905398 2017-2546 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 24h 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 0 Street, P.O. Box 768 Greeley, Co 80631 Telephone: (970) 356-4000 ext, 4225 Online: http://www.co,vveld.cocuslappsicl.Doei 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 Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 (303) 866-5880 www.doratolorado.Qovibaa 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 Red if filed on the next business day, ti 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2016? (Your opinion of value in terms of a spy cr i char a_rcLi9ur t is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ t ail)/ Far - 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.) ATTESTATION District Court Contact the District Court in the County where the property is located. See your local telephone book for the address and telephone number. thre undersigned owner or agent' of the property identified above, affirm that the statements contained herein an o any att?cbrnerts hereto are true and complete. tsrse- 3‘ gdr °sap 7/67,, 7- r, Signature Telephone Number Date Email Address I Attach letter of authorization signed by property owner. 16 -OPT -AR PR 207-06113 R6905398 Property Tax Advisors, Inc. 3090 Si. Jamaica Ct., Suite 204 Aurora, Colorado 80014 Phone (303)3b8 -050U Fax (303)3b8-0573 Email: ptativisor�7a pxopertytaxadvisor.net CONSULTANT - AGENCY AGREEMENT' Property Owner: Moose Properties, LLC County: Weld P.1,. Property Address R6905398 1901 56th Ave ., a Corporation a Partnership as Individuals a Trust The undersigned hereby appoints and authorizes Property Tax Advisors, Inc. as its Agent and Consultant in the preparation and execution of a real estate valuation appeal(s) on behalf of the undersigned in regard to the above' enumerated property(ies) for the 2017 assessment cycle and for the prior two years. The undersigned further authorizes Property Tax Advisors, Inc., as Agent of the undersigned, to execute and cause to be filed on behalf of the undersigned, in the name of the undersigned, any and all documents relating to an appeal of the subject property's(ies) valuation(s). This agreement is executed this BY: Print Name: ,G-541 day of Telephone No.: 9 3c3 ?co() Fax No.: q7 0 ' 39-2 ' 13Th 20I r Title: . Of Corporation, our title; (or) Owner, General Parther, Lessee, Power of Attorney, Trustee, etc.) Rev. 1/16 EST NINETEEN HUNDRED & EIGHTY SEVEN nnnAr1lTY TAX kflhisoa C;Jl{'f (rfll t/P7 %l7 ( .iik≥.Y7r/) k %orf2lr?C'r c`ia( _f%'CJ•pL'i'i • July 11, 2017 Weld County Board of Equalization PO Box 758 Greeley, Co 80631 To Whom It May Concern: Enclosed are 2017 protests. Please date stamp the attached list of filings and fax, email or mail back to: Property Tax Advisors, Inc. 3090 S4 Jamaica Ct., #204 Aurora, CO 80014 Fax: (303)368-0573 Email: ptadvisor@propertytaadvisor.net Thank you in advance for your attention to this matter, Best regards, asi Cle.044...C.Dit.derns,1/4...j Christine Rouch Office Manager p10(/0130.' @pi ope. tylaxaduisoinet RECEIVED JUL 192017 WELD COUNTY COMMISSIONERS JUL 18 2017 WELD COUNTY ASSESSOR GREELEYI COLORADO f, 303 368.050o f. 303.368.0573 MO S. Jamaica Court, Suite P204 Aurora, Colorado 300 I1 virww.property-tax-advisors.com Client fist FIIo# rroportyOwnur Schedule # PropertyAthiress 4587U DDW Properties LLC 4587V 48650 50 79A 5079E 5079C 5588 DDW Properties LLC Poudre Valley Health Care Inc JP H Properties, LLC WL Homes, LLC WL Homes, LLC Moose Properties LLC R7533299 R7533399 R8402799 R2950404 R2950204 R2950104 R6905398 3773 Monarch St. 3771 Monarch St. 1455 Main St 2855 Eagle Circle 2847 Eagle Circle 2843 Eagle Circle 1901 56th Ave. Monday, July 10, 2017 Page 1 of 1 INAITILIWAlrqdrinahOrNIN i I i JO' ?016 2070 0000 9505 6527 MMoo 3090 9 Jamaica Comer. Sidle Mt Aurora, Colorado MOH ntpil U T:! llilrliS d,crriafninry .51 Gofrxwrk Comae mr,t 7fvporte 'qua frriar/,r Wend County Cissessees ffi1 c ' te 0C• PO Box 7S2 Greeley, CO 80012 ( , .32 i 60632 Li %PR STAG DEM/ER, CO JUd02O7f7 t1Utyi $7.71 Fle305K1307i4-21 RECEIVE JUL 18 2017 WEL+) COUNTY ASSESSOR + EY, COLORADO RECEIVED AL 192017 WELD COUNTY COMMISSIONERS Hello