HomeMy WebLinkAbout20172225.tiffAugust 9, 2017
Petitioner:
LJR JOHNSTOWN LLC
PO BOX 422
BERTHOUD, CO 80513-0422
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):
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 20172225 Appeal #: 2008216763 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
R0548901 Stipulated - Approved
Stipulated Value
$171,360 $161,840
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 BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number R548901
SIMULATION (As To Tax dear 2017 Actual Value)
RE PETITION OF : UR JOHNSTOWN LLC
NAME: UR JOHNSTOWN LLC
ADDRESS: PO BOX 422
BE TI lOUD, CO 80513e0422
Petitioner Cs) 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:
The property subject to this Stipulation is described as:
JOH MVCPC UNIT 5 BLDG 332 MOUNTAIN VIEW COMMERCIAL
L
PARK CONDO
2. The subject property is classified as Commercial property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2017:
Total $171,360
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 $161,840
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:
One hearing scheduled bet`orc the Board of Equalization on (Date) at
(Time) be vacated.
X A hearing has not yet been scheduled before the Board of Equalization.
Number R548901
1
DATED t 11th day or July, 2017.
Pttl
gent or tt orney (Assistant) County Attorney for
Respondent, Weld County Board of
Commissioners
Address:
PO BOX 422
BERTHOUD, CO 80513-0422
Address:
1150 "O" Street
P.O. Box 758
Greeley, Co 80632
Telephone: (970) 532-7770 Telephone:(9i0) 336-7235
M r ty Asse sor /
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (916) 353-3845 ext. 3697
Docket Number
Stip-1,Fmi
Number 14548901
From:
To:
Subject:
Date:
Attachments:
weld-cboe@weldgov.com
CTB-County Board of Equalization
Board of Equalization Appeal Submitted
Friday, July 07, 2017 2:10:26 PM
2017 Tax Assesmenttpdf
Appeal Submitted: 02:10 PM on Friday July 7, 2017
Contact Information Supplied:
• Contact Name: LJR Johnstown LLC
• Contact Email: ljrhode@intechsi.com
• Contact Phone: (970) 532 - 7770Ext. 2
• Email Preference: Contact through email
Property:
R0548801 - 332 MOUNTAIN VIEW RD , JOHNSTOWN
Legal: JOH MVCPC UNIT 4 BLDG 332 MOUNTAIN VIEW COMMERCIAL PARK
CONDO
Estimated Value: $ 145000
Reason: This property was purchased 10-04-14 for $115,000. It has some small office
improvements in the front that are now about 15 years old, aged and showing it. The assessor
agreed at that time with that assessment. In a year and a half now it is believed that this
property should be assessed for 49% more. I believe this is way out of line for this property. I
do not believe that it could be sold for the assessed value. My pre -triple net rent on this
property is $1100. This too does not warrant this assessed value. I do believe that values are
up in this area, this business park itself has not been kept up and this has hurt the values in
general. There are two properties that I know of out here for sale that are not moving and I
believe that to be because of the general condition of the Association grounds, additionally
this is hurting rentals. There are three units currently looking for leasers. The value of other
newer facilities in the adjacent area do not directly reflect on the values of these facilities, they
in fact attract buyers and tenants over these, lowering the values of these units.
R0548901 - 332 MOUNTAIN VIEW RD , JOHNSTOWN
Legal: JOH MVCPC UNIT 5 BLDG 332 MOUNTAIN VIEW COMMERCIAL PARK
CONDO
Estimated Value: 140000
Reason: This property was purchased for $130,000 in December of 2013. This is an empty
shell with no improvements. It was last assessed at S 130,000. Although I do believe that
values are up in this area, this business park itself has not been kept up and this has hurt the
values in general. There are two properties that I know of out here for sale that are not moving
and I believe that to be because of the general condition of the Association grounds,.
additionally this is hurting rentals. There are three units currently looking for leasers. The
value of other newer facilities in the adjacent area do not directly reflect on the values of these
facilities, they in fact attract buyers and tenants over these, lowering the values of these units.
R0549001 - 332 MOUNTAIN VIEW RD , JOHNSTOWN
Legal: JOH MVCPC UNIT 6 BLDG 332 MOUNTAIN VIEW COMMERCIAL PARK
CONDO
Estimated Value: S 160000
Reason: This unit has two offices and a training room as front improvements with the back
remaining as unimproved warehouse. This property was purchased in 11-29-2016 for
5190,000 but that price was excessive due to the fact that I was forced to pay for the tenant
improvements within that purchase price. This price unfortunately incorrectly tainted the true
prices for units in this business park. Prices since 2014 through 2016 have ranged from
Si 1 5,000 to $179,000. There have been different ranges of configurations of these units that
have sold and this business park was once in better condition than it is in today. I believe that
with these improvements and the relative time -frame of them the property could assess at
$160,000. However that does not mean it could sell at that as it is a custom build that would
not suit many buyers. I do believe that values are up in this area, this business park itself has
not been kept up and this has hurt the values in general. There are two properties that I know
of out here for sale that are not moving and I believe that to be because of the general
condition of the Association grounds, additionally this is hurting rentals. There are three units
currently looking for leasers. The value of other newer facilities in the adjacent area do not
directly reflect on the values of these facilities, they in fact attract buyers and tenants over
these, lowering the values of these units.
Documents
1.) 2017 Tax Assesment.pdf
You have selected the following Date Preferences:
Aug. 3, 2017, at 9:00 a.m. - 11:30 a.m.
Aug. 2, 2017, at 1:30 p.m. - 3:00 p.m.
Aug. 1, 2017, at 2:30 p.m. - 4:30 p.m.
Aug. 2, 2017, at 3:00 p.m. - 4:30 p.m.
2017 Tax Assessment Protest
I tried to attach a PDF slideshow to show the current shape of the Mountain View Commercial
Properties and the condition that the Association has allowed these properties to deteriorate to.
Unfortunately your system does not appear to be taking this file. I will bring this to a hearing. I
do invite you to look drive out and look at these properties and the condition of the grounds,
properties, and the buildings. The poor care is impacting the values of all of the properties within
this business park driving potential buyers and leasers to adjacent parks and properties. This is
reducing the values of these properties. This is part of my justification as to what I am
representing in my protest of my tax assessments. I have been attempting to w. ork with the
current Association Board and have engaged my Attorney as well but at this time there is
significant damage to the grounds, the parking lot, and even the building that was caused by
another tenant. That is to my Unit 332 #8. That damage has existed for over 9 months and the
Association Board has taken no action to repair this damage. This impacts and lowers the values
of all of these Units in the Mountain Valley Commercial Park. I have many pictures of these
grounds
other units that have sold in the MVCP from 2014 to 2016 are:
12-23-2013
09-26-2014
06-14-2014
10-06-2014
02-02-2015
02-23-2016
332 Mountain View Road, Unit #5
372 Mountain View Road, Unit #1
372 Mountain View Road, Unit #14
332 Mountain View Road, Unit #4
372 Mountain View Road, Unit #2
372 Mountain View Road, Unit #9/10
$130,000
$165,000
$150,000
$115,000
$155,000
$162,500
R0548801
332 MOUNTAIN VIEW RD , JOHNSTOWN
JOH MVCPC UNIT 4 BLDG 332 MOUNTAIN VIEW COMMERCIAL PARK CONDO
145000
This property was purchased 10-04-14 for $115,000. It has some small office improvements in
the front that are now about 15 years old, aged and showing it. The assessor agreed at that time
with that assessment. In a year and a half now it is believed that this property should be assessed
for 49% more. I believe this is way out of line for this property. I do not believe that it could be
sold for the assessed value. My pre -triple net rent on this property is $1100. This too does not
warrant this assessed value. I do believe that values are up in this area, this business park itself
has not been kept up and this has hurt the values in general. There are two properties that I know
of out here for sale that are not moving and I believe that to be because of the general condition
of the Association grounds, additionally this is hurting rentals. There are three units currently
looking for leasers. The value of other newer facilities in the adjacent area do not directly reflect
on the values of these facilities, they in fact attract buyers and tenants over these, lowering the
values of these units.
R0548901
332 MOUNTAIN VIEW RD , JOHNST0WN
J0H MV PC UNIT 5 BLDG 332 MOUNTAIN VIEW COMMERCIAL PARK CONDO
140000
This property was purchased for $130,000 in December of 2013. This is an empty shell with no
improvements. It was last assessed at $ 130,000. Although I do believe that values are up in this
area, this business park itself has not been kept up and this has hurt the values in general. There
are two properties that I know of out here for sale that are not moving and I believe that to be
because of the general condition of the Association grounds, additionally this is hurting rentals.
There are three units currently looking for leasers. The value of other newer facilities in the
adjacent area do not directly reflect on the values of these facilities, they in fact attract buyers
and tenants over these, lowering the values of these units.
R0549001
332 MOUNTAIN VIEW RD , JOHNST0WN
J0H MVCPC UNIT 6 BLDG 332 MOUNTAIN VIEW COMMERCIAL PARK CONDO
160000
This unit has two offices and a training room as front improvements with the back remaining as
unimproved warehouse. This property was purchased in 11-29-2016 for $190,000 but that price
was excessive due to the fact that I was forced to pay for the tenant improvements within that
purchase price. This price unfortunately incorrectly tainted the true prices for units in this
business park. Prices since 2014 through 2016 have ranged from $115,000 to S 179,000. There
have been different ranges of configurations of these units that have sold and this business park
was once in better condition than it is in today. I believe that with these improvements and the
relative time -frame of them the property could assess at $160,000. However that does not mean
it could sell at that as it is a custom build that would not suit many buyers. I do believe that
values are up in this area, this business park itself has not been kept up and this has hurt the
values in general. There are two properties that I know of out here for sale that are not moving
and I believe that to be because of the general condition of the Association grounds, additionally
this is hurting rentals. There are three units currently looking for leasers. The value of other
newer facilities in the adjacent areado not directly reflect on the values of these facilities, they in
fact attract buyers and tenants over these, lowering the values of these units.
I tried to attach a PIMP slideshow to show the current shape of the Mountain View Commercial
Properties and the condition that the Association has allowed these properties to deteriorate to.
Unfortunately your system does not appear to be taking this file. I will bring this to a hearing. I
do invite you to look drive out and look at these properties and the condition of the grounds,
properties, and the buildings. The poor care is impacting the values of all of the properties within
this business park driving potential buyers and leasers to adjacent parks and properties. This is
reducing the values of these properties. This is part of my justification as to what I am
representing in my protest of my tax assessments. I have been attempting to work with the
current Association Board and have engaged my Attorney as well but at this time there is
significant damage to the grounds, the parking lot, and even the building that was caused by
another tenant. That is to my Unit 332 #8. That damage has existed for over 9 months and the
Association Board has taken no action to repair this damage. This impacts and lowers the values
of all of these Units in the Mountain Valley Commercial Park. I have many pictures of these
grounds
Other units that have sold in the MVCP from 2014 to 2016 are:
12-23-2013
09-26-2014
06-14-2014
10-06-2014
02-02-2015
02-23-2016
332 Mountain View Road, Unit #5
372 Mountain View Road, Unit #1
372 Mountain View Road, Unit #14
332 Mountain View Road, Unit t#4
372 Mountain View Road, Unit #2
372 Mountain View Road, Unit 49/10
Larry J, Rhodes
Owner
LJR Johnstown LLC
970-532-7771, Extension 2
$130,000
$165,000
$150,Q00
$115,000
$155,000
$162,500
Hello