Loading...
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- escitia � • .- :. •- c hT ! ►. •; 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 •5. is ' 4643 S ULSTER DENVER, CO ST 80237-2869 STE 1400 • -- a F r•r' • 4 - - al 4 • • - • - - f • . .• WELD COUNT COMMISSIONE. l• _ - - • 'v..% .r -r. _i-al% f r -y �;• • •s • _ r _G . ..' , e • • •• e• _ d , �7i .' - f• •' 1 :�T' wa••Cn..ayj .F _ ]4: .. - .. 1 f•_• - .p' •'•` 'j ..' '•-r• i • .. It: ._ '.r .r;? a •s ' • Y '� 4 4 .: ....:, :T... 1:: - .:.:-,....:. .0 . or"w• . . r. - -- ..• . . . t - ie., A.- `.• • . ! • - a • ;.• "• - �' , ' • - . - r - . n •- ,- ! ' . 9. __5:A `- w. ♦ _p I. a` F 1... ,/ h. .. ld 1•14.35•4. ., _. • to _ - - :S .y 44 �/ a ♦1 • •' ... •s. i - .•o•• W f — 94�4� •�. •`ai X. P. `.Y 11 :J = } �r{ Si'i -R .y! -"C y. __ . ii: �i r . 1 --• . ._ . .of_.• ..._ . . . - n - t •h f Y•- ' • ...._.,....„....._.•.:._.,;,,,c:. '!!T J•i .' r :IAN 1 •' _. AG AG AG 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 I i i i 1 9407 1118 9956 4270 1972 55 i i 111 I� �111iI1111�I.1•III�I1i11111I1IIII I11I1•I1I1I..liI11I.I Weld County Board of Equalization PO Box 758 Greeley CO 80632-0758 11 $5.80P US POSTAGE FIRST-CLASS FROM OM 85213 JUL 14 2017 Moom z revs€ 9#1,-sZ9a Hello