HomeMy WebLinkAbout20172471.tiffAugust 9, 2017
Petitioner:
MAGNESS LAND HOLDINGS LLC
C/O MAGNESS INVESTMENT GROUP LLC
4643 S ULSTER ST STE 1400
DENVER, CO 80237-2869
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):
PIVOTAL TAX SOLUTIONS
202 NORTH LINDSAY ROAD SUITE 201
MESA, AZ 85213
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2017-2471 Appeal #: 2008216990 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
R5161586 Stipulated - Approved $295,440 $288,549
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,
.r+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 R5161586
STIPULATION (As To Tax Year 2017_, Actual Value)
RE PETITION OF : R.5161586
NAME:
ADDRESS:
MAGNESS LAND HOLDINGS LLC
C/O MADNESS INVESTMENT GROUP LLC
4643 S. ULSTER ST. STE t40(?
DENVER, CO
p
wr
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 (a) and Assessor agree and stipulate as follows:
1, The property subject to this Stipulation is deselib as:
16074 SW4 64-66 ..AKA 12284 COUNTY ROAD 24 FORT LIPTON,
Co
2. The subject property is classified as AGRICULTURAL property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2017:
Total $295,440.00
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 $288,549,00
5. The valuation es established above, shall be binding only with respect to tax
year 2017.
6\ Brief narrative as to why the reduction was made:
After an inspection, removed some of the outbuildings, and updated details.
1. Both parties agree that
Dlhe heating: scheduted before the Board of Equalization on (Date) at
Time) be vacated.
R5161586
586
1
OA hearing has not yet been scheduled before the Board of Equalization.
DATED this 20 ofM N 2017.
or ge or Attorney
Ad rose:
Die, Ai Lira ra. $j.,2o'
1614
Telephone: 9o) 6 iYenO3 1
Docket Number
tip -1 aY.
R516I586
poe
Assistant) county Attorney. for
Respond�nt Weld MUMS, Board Of
Commissioners.
Address:
1150 'O" Street
P1O. Box 758 ,.
Greeley, CO 80632
Telephone:097) 336-7235
County Assessor
Address:
1400 N,l7th Avenue
Greeley, CO 80631
Telephone: (970) 3 845 ext. 3697
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
By
JUL 0 326)7
Date of Notice: 8/30/2017
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00AM — b: PM
•
LEGAL-
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TAB
TAB IA
R5161586
2017
;
3114
16074
SW4 6-2 -
{ a
MADNESS
LAND
HOLDINGS
LLC
Ft E
E� E
I
12284
WELD
COUNTY
, CO
ROAD 2411
JU L 1 8 2017
r
CIO MACNESS INVESTMENT
'
GROUP
LLC
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4643 S ULSTER
DENVER,
CO
ST
80237-2869
STE
1400
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COUNT
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AG
AG
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RESIDENTIAL
LAND
BUILDINGS
•
124,359
89,355
95,593
121,864
89,355
84,221
•
i
$309,307
$295,440
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessors determination of value after review is based on
the following:
AL02- The actual valuation of your property has been adjusted based on new information. This may
be information you have supplied, corrections of characteristics or additional sales.
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)(a) C.R.S.
The deadline for filing real property appeals is July fit
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):
PIVOTAL TAX SOLUTIONS
202 NORTH LINDSAY ROAD SUITE 201
MESA, AZ 85213
18-DPT-AR
PR 207-08/13
R5161586
2017-2471
Signature
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 24th through August 4th at 1150 0 Street.
To appeal the Assessors 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
1 150 0 Street, P.O. Box 758
Greeley, CO 80631
Telephone, (970) 3564000 ext, 4225
Online: http://www.co.wel
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 appear 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 mad 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 Assetament Anneals
131fSherman Street, Room 315
Denver, CO 80203
(303) 866-5880
Atom. dola.color d71 o,gov/haa
Bindin Arbitration
or a list o arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
If the date for filing any reports 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, sc 39-1-120(3), CRS.
pale Court
Contact the District Court in the County
where the property is located. See your
local telephone book. for the address and
telephone number.
PETITIONTO COUNTY B@ARD OE.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 § 39-8-106(1.5), C.R.S.)
$ 200 , 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.)
Current Economic and Market conditions support a lower value for the subject property.
I, the undersign = % owner or agent of the property identified above, affirm that the statements contained herein
and on a fl a ; meats hereto are true and complete.
480-634-6169 7/13/2017
Telephone Number
appeals@pivotaltax.com
Email Address
Wayne Tannenbaum
1 Attach letter of authorization signed by property owner.
Date
16 -OPT -AR
PR 207-08/13
R5161586
Some of the buildings were constructed in 1895. Therefore, the improvement value and
economic life of these buildings is essentially non-existent.
Please take this into account in the valuation of the subject property .
(Please Print on Company Letterhead Here)
Agency Authorization
Real Pr perty Tax Matters
This will sem as fob authorization and notafradon by mess Investment Group, LLC (Client) that
Pivotal Tax Solutions, LLC (Pivotal) and its representatives are hereby granted authority to act on behalf of
Client in teal property tax matters (including valuations, direct assessments, tax surcharges, service charges,
fees and additional assessments) for the current and all past years within the applicable ate of limitations for
the parcels and accounts listed on the attached Schedule it
Specifically, Pivotal is delegated full authority to represent Client in filing, signing, negotiating, suing or
otherwise dealing with all matters relating to real and personal property tax appeals with the assessor's office,
treasurer's office and/or any other relevant government offices or agencies.
Furthermore, Pivotal Ls given authority to review, request and obtain copies of any and all information
(including appraisal records, tax bills and other pertinent information) held by the Assessor, Treasurer, or any
other governmental office or agency.
A photographic copy and/or a facsimile copy of this adoration are deemed to be the equivalent of the
original authorization and may be used as such. This authorization will remain in effect until revoked by letter
and signed by a corporate officer. Pivotal will provide Client with copies ofappeals when required.
Authorized and Ce ed by Clie
Signature:
Date: Ss/a/7_
Namerfitle: Matt Gallaher I Chief F a andel Officer Phone: 425-485-4850
(Corporate Officer)
Pivotal Lead Agent: ristoo de e!! / 480-24841021
Pivotal Tax Solutions, LLC
202 North Lindsay Road, Suite 2a1
Mesa, AZ 85213
(4811) 6l5 -03I5 — Phone
(480) b15-318 - Fax
Appesla@Pivota[tax.com
Client: Magness investment Group, IBC
Agency Authorization for Calendar Year 2017 and Prior
Schedule A
These properties are either Owned, Occupied, and/or Controlled by Client.
State
CA
CA
CA
CA
CA
CA
CA
County
Los
An ; eles
Los
Angeles
Los
Angeles
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
CA
Riverside
Riverside
CA
Riverside
CA
Riverside
Santa
Barbara
Parcel
Address
19 5561 005 003 3
0002
4357-007-020
5561-006-003
510210004-1
510231001-3
1655 N Doh a ny Dr
1407 Benedict Can i n Dr
1654 N Doheny Dr
Mango Ranch
Mango Ranch
510270001-4 2201 Smokewood Ave
659030029-4
659030030-4
19021 Merganzer Tr
Too Many Palms
Too Many Palms
659030031-5
Too Man Palms
659030032-6
659030033-7
759220014-8
759240013-9
Too Many Palms
Too Many Palms
Location
CAM Hollywood
Digs
Mango
Benedict
Canyon
CAM Hollywood
Digs
Mango Rare
Mango Ranch
Mango Ranch
Too Many
Palms
Too Many
Palms
Too Many
Palms
Too Many
Palms
Too Many
Palms
i
86813 Newton Way
61008 Monza St
005-520-023 E 3375 Foothill Road #526
Mango Thermal
Club
Thermal Club
Garage
Mango Therma
Club
Thermal Club
Garage
Mango Santa
Barbara
CO
CO
CO
CO
CO
CO
CO
Araphoe
oe
Araphoe
Araphoe
Araphoe
Ara phoe
Colorado Warehouse - close on
3/31/16
1971-33-4-03-001
1971-33-4-03-002 j
2075-08-2-05-001 j 5800 5 El Camino Dr
2077-02-1-02-018
33906667
29 Sunset
10 Cherry Hills
Boulder
146318204008
1535 Tamarack Ave
CO Denver
501532007000
510 Monroe
Mango Motors LLC
El Camino D#regik LLC
Cactus Pack LLC
Mango Cherry Hills
LLC
Mango Tamarack
LLC
Cherry Creek Digs
LLC
Mango Motors
Mango Motors
El Camino Diggs
-w• -• -ter
Cactus Pack
Mango Cherry
Hills
Mango
Tamarack
Cherry Creek
Digs
CO
CO
Park
Park
10053
16689
County Rd 32
HIDDEN VALLEY BLVD
Magness Land
Holdings LLC
Magness Land
Magness Land
Holdin*
I Magness Land
Client: Magness Investment Group, LLC
Agency Authorization for Calendar Year 2017 and Prior
Park
16871
468 MOUNT EVANS BLVD
1 Holdings LLC
Magness Land
Holdings LLC
Holding
Magness Land
Hold ing
C3 I Park
16934
1070 FOREST DR
co
Park
CO Park
16935
16936
LANG RD
FOREST DR
Magness Land
Holdin LLC
Magness Land
Holdings LLC
Magness Land
Holding
Magness Land
Holding
Co
Park
17363
468 MOUNT EVANS BLVD
Magness Land
Holdings LLC
Magness Land
Holding
CO
C
Park
Park
17364
17506
17852
30471
CO I Park 36546
35551
41492
41507
CO Weld 120914000005
120923000031
120923200014
120923300012
CO Weld 1209233 14
CO Weld 120923400006
CO Weld 12092 007
C Weld 120923400009
HIDDEN VALLEY BLVD
1058 FOREST DR
VISTA LN
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings Lit
Magness Land
Holdin ; s LLC
Magness Land
Holdings LLC
hvlagriess Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
3605 CO RD 77 JEFFERSON 80456 Holdings LLC
Magness Land
3397 CO RD 77 JEFFERSON 80456 Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
MEADOW DR
7.4534 County Road 21
PT SW4 & N2SE4 23-3-67 EXC BEG
ON SLNOFSEC23CEN OF So,
Magness Land
Holdings LLC
Magness Land
Holdin : s LLC
Magness Land
Holdings LLC
Magness Land
Holdin, s LLC
Magness Land
Holdin LLC
Magness Land
Holdin
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
i1olding
Magness Land
Holdin
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
Holdin
Magness Land
Holding
Magness Land
Holding
M agn ess Land
Holding
Magness Land
Holding
Magness Land
Hodin
Magness Land
Holding
5
Client Magness Investment Group, LLC
Agency Authorization for Calendar Year 2017 and Prior
CO Weld
120924000020
CO Weld 120924000024
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
CO
Co
CO
CO
CO
CO
CO
CO
MT
Weld
Weld
W eid
Weld
Weld
Weld
Weld
Weld
Weld
Weld
Weld
Weld
Weld
Weld
Weld
Weld _
Weld
120924000025
120924000032
120925000008
120926000006
12092630€ 001
12 935000025
120936000028
12093 X0079
120936001074
120936100002
120936200004
120936200005
120936301084
121130000021 _ ....
121130000034
121131000011
Weld
Weld
Weld
Weld
Carbon
130906000001
130906000002
131101000017
131101000018
80311000019
9007900
14181 County Road 301/2
11209 Coun Road 28
21278 SE4 26-3-67 (2RZSHT)
21331 NE4SE4 35 3 67 EXC UPRR
RES
21339 NW4NE4 36 3 67 (1R)
21348-8 E25E4/5W45E4 36 3 67
3 RES
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness
Investments Group
LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdin ! s LLC
Magness Land
HoldingsLLC _
Magness Land
Holdin : s LLC
12050 County Road 28
12535 County Road 23
12487 County Road 251/2
16075 County Road 25 1/4
12284 County Road 21 1/2
20198 E25E4 1-2-67
520AF NE4NW45E4 0102 67
NW4 Less COS 1292 R8
Magness Land
Holdin: LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings Lit
Magness Land
Holding
Magness Land
Holding ---
Magness Land
Holdin
Magness Land
I4olding
Bob Magness
(MIIi)
Magness Land
Hold in;
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding _ __ Magness Land
Holding
Magness Land
Holding
Magness Land
Holdin
Magness Land
Holdin s LLC
Magness Land
Holdings LLC
Magness Land
Hoiden s LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Magness Land
Holdings LLC
Red Lodge Holdings
LLC
Magness Land
Holdin
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
Holding
Magness Land
Holdin
Magness Land
Holdin
Red Lodge
Holdings
Client: Magness Investment Group, LLC
Agency Authorization for Calendar Year 2017 Prior
NV
Webb
1
r 0421744.1
Sarah Siegel-
Magness
Sarah Siegel -
Magness
NV
Webb
i
` 042174-1.2
1
217 Little Moose Lk
Sarah Siegel-
Magness
Sarah Siegel
Magness
WILLIAM LLIAM RYAN
202 N. LINDSAY RD, SUITE 201
MESA, AZ 85213
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Weld County Board of Equalization
PO Box 758
Greeley CO 80632-0758
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$5.80P
US POSTAGE
FIRST-CLASS
FROM OM 85213
JUL 14 2017
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