HomeMy WebLinkAbout20172481.tiffAugust 9, 2017
Petitioner:
LOWES HIW INC
ATTN: TAX DEPARTMENT
1000 LOWES BLVD
MOORESVILLE, NC 28117-8520
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):
SPENCER FANE, LLP
370 17TH ST STE 4800
DENVER, CO 80202-5698
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: X173 Appeal #: 2008216956 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
R8945748 Stipulated -Approved $10,829,810 $9,137,373
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
covNrYsoARn OF EQUALIZATION
WELD COUNTY
Single Cou n 1. Schedule Number ,R8 45748
.� r :. r r r r'r.r r i r r r r as i id's •• ♦• i a a♦ s -R a' t r r r r l i r .J a s
STIPULATION (As To Tic Year 2017 Actual Value)
RE PETITION OF
TAE: Lowes HIW Inc
ADDRESS: 4680 24th St
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
of Equalization to enter its order based on this Stipulation.
Petitioner (s) rind Assessor agree and stipulate as follows:
1.. The property subject to this Stipulation is described as:
LOT 1 aa SUFFOLK•6TH PG
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 017:
Total $10,829,810.00
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 $9,137,373.00
5. The valuation, as established' above, shalt 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:
'I e heating scheduled before the Board ofEqualizatlon on (Date) at
(Time) be vacated.
R8945748
A hearing has not yet been .scheduled before. the Board of Equalization.
•
I
I
•
•
i
DATED •'s 1 Sth day of ly, 2017.
Peti
fp/ Pe fiftnt
Address: r
elver- tc"it t
rAttorney wAssistant) County Attorneo
Respondent, Weld County Boar. of
Commissioners
i- /4-. Ho 6 144 C 1 r
Telephone: 3PJ (339 -
Docket Number
Stip-1.Frrn
R8945748
Address:
1150 "Cr Street
P.O. Box 758
Greeley, CO 80632
Tel hone: (970) 336-7235
COTinty A`4ess0r
Address:
1400 N.l7th Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext. 3697
2
3036297610% Spencer Fane
Spencer fame
11:52:40 a.m. 07-14-2017
2«
Christopher M. Woodruff
Weld County Assessor
1400 N 171h Ave
Greeley, CO 80631
NOTICE OF DETERMINATION
Date of Notice: 6/30/2017
Telephone: (970) 400-3650
Fax; (970) 304-6433
Office Hours: 8:00AM -- 5:00PM
ACCOUNT
NO. .
ITAB
YEAR
TAXAREA
1
LEGAL
DESCRIPTION/
PHYSICAL
LOCATION
-
R8945748
2017
0600
LOT
4680
GREY
1-A
ATM
SUFFOC.X
STS!
ST
. Co
FG
RECEIVEI
WELD
COMMISSIONE
2017
z
-
P
li,' I
i
a
LOW
ATTN:
1000
MOORErSVILLE.,
SS HIvki INC
TAX DEPARTMENT
LOWES BLVD
NC
28117,8520
JUL
1 l
CouNr
PROPERTY
CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL
VALUE
PRIOR
TO
ACTUAL
VALUE
REVIEW
AFTER
REVIEW.
COMMERCIAL
10,829,810
10,829,810
I
`
TOTAL
Sal 0,829p81O
110,B29,810
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:
C 05 - 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 decisionf you have the right to appeal to the County
Board of Equalization for further consideration, § 39a8 -106(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,
levies. 1 -he mill re protection, any oilierspeorel districts) set mill a es a mi I 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):
RECEIVED
JUL 14 2017
WELD COUNTY ASSESSOR
GREEtEY, COLORADO
0T112:13
RUr45148
RS
2017e2403
30362976104
Spencer Fane
Spencer Paine 11:53:23 a,m,
07-14-2017 3 13
APPEAL PROCEDURES
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 0 Street, P.O. Box 758
Greeley, CO 80631
Telephone; (970) 3564000 ext, 4225
Online: http:/jwww4co. relcd.cc.usJapzioboe/
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; thorofore, we
t tc ur rivi rend 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, § 39.43;107(2 , CAS. if you do not receive a decision from the County Board of Equalization and
you wish to continue your aPI I, you must fik nn appeal with the Woord of Aazessm6iit 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 A ea is
1313 Sherman Street,!Room 315
Denver, CO 80203
(303) 866-5880
www.dol a.golorido . aovLbaa
B%Arbitra ion
or 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 filed if fled
on the next business day, § 39-14 0(3), C.R. S.
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.
TO COUNTY BOARD
OF EQUAL1T1QN
PETITION
Vrnat 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. ), C.R.S.)
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
I, the undersigned owner or agent' of the property identified shove, affirm that the statements contained herein
and on any attachments hereto are true and complete.
$ ignature
Telephone Number Date
Email Address
'Attach letter of authorization signed by property owner.
16 -OPT -AR
PR 207-06113
R5580386
** INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY
ti
TIME RECEIVED
July 14, 2017 at 11:56:15 AM MDT
REMOTE CSID
DURATION
156
PAGES
3
STATUS
Received
3036297610
Spencer Pare
Spencer Pane
11:52:05 a.m. 07-14-2017
PETITION TO TIIE COUNTY WWI 42 EQUALIZATION
In the space below, please explain why you disagree with the Assessor's valuation. For Real
Property, state in terms of a specific dollar amount, the correct property value. Attach additional
documents as necessary.
Schedule/Parcel/PIN No.: R8945748
Property Address: 4680 24th St
Greeley, Colorado
Petitioner's Valuation: $5,971,732
Petitioner Lowe's Rome Centers, LLC, successor in interest to Lowe's
HI, Inc.
In support of the petition to the County Beard of Equal►htkn of We denial by the County Tax
Assessor of the Written Letter of Objection and Protest of Valuation, Petitioner respectfully submits that
the Assessor's valuation and comparables failed to adjust for the specific characteristics of this property.
Petitioner also reserves the right to submit additional information and evidence at the hearing in support
a1' Jib tippcat.
I, the undersigned authorized agent of the property identified herein, affirm that the statements
contained herein and on any attachments, hereto are true and complete.
Date: July 14, 2017
Petitioner:
Lowets Home Centers, LLC, successor in interest to
Lowe's BEM, Inc.
By:
Auth rized Representative
SPENCER PANE LLP
Larry It Martinez, #5831
H. Michael Miller, #4174
370 1r Street, Suite 4800
Denver, CO 80202
Telephone: 303-839-3800
Facsimile: 303-839-3838
CERTIFICATE OF SERVICE
I hereby certify that on July 14, 2017, I did serve the above Petition, together with all supporting
documentation and the attached Authorization by U.S. Mail or hand delivery to the Office of the Board of
Equalization for the County of Weld, State of Colorado.
amela Burkhardt
UN 1908641.1
1 3
PETITION TO THE COUNTY BOARD OF EQUALIZATION
In the space below, please explain why you disagree with the Assessor's valuation. For Real
Property, state in terms of a specific dollar amount, the correct property value. Attach additional
documents as necessary.
Schedule/Parcel/PIN No.: R8945748
Property Address:
Petitioner's Valuation:
4680 24th St
Greeley, Colorado
$5,971,732
Petitioner Lowe's Home Centers, LLC, successor in interest to Lowe's
HI, Inc.
In support of the petition to the County Board of Equalization of the denial by the County Tax
Assessor of the Written Letter of Objection and Protest of Valuation, Petitioner respectfully submits that
the Assessor's valuation and comparables failed to adjust for the specific characteristics of this property.
Petitioner also reserves the right to submit additional information and evidence at the hearing in support
of this appeal.
I, the undersigned authorized agent of the property identified herein, affirm that the statements
contained herein and on any attachments hereto are true and complete.
Date: July 14, 2017
Petitioner:
Lowe's Home Centers, LLC, successor in interest to
Lowe's IIIW, Inc.
By:
Auth6rized Representative
SPENCER PANE LLP
Larry R. Martinez, #5831
H. Michael Miller, #4174
370 171 Street, Suite 4800
Denver, CO 80202
Telephone: 303-839-3800
Facsimile: 303-839-3838
CERTIFICATE OF SERVICE
I hereby certify that on July 14, 2017, I did serve the above Petition, together with all supporting
documentation and the attached Authorization by US. Mail or hand delivery to the Office of the Board of
Equalization for the County of Weld, State of Colorado.
ameta Burkhardt
DN 1908641.1
SpencerFane-
H. MICHAEL MILLER
DIRECT DIAL: (303) 592-8330
hmmiller@spencerfI tcom
July 14, 2017
VIA CERTIFIED MAIL
Weld County Board of Equalization
1150 O Street
P. O. Box 758
Greeley, CO 80631
Re: Petitions to the Weld County Board of Equalization
Dear Board
Attached are the original and one copy of the following Petition to the Weld County Board of
Equalization:
Account # Address
R8945748 4680 24th St
Please date -stamp the copy and return it in the enclosed prepaid envelope. Thank you very much for
your attention.
Sincerely,
611tetuce
Pamela Burkhardt, Legal Assistant to
H. Michael Miller
HMM/pjb
Enclosures
cc: Weld County Assessor's Office
DN 2476559.1
SPENCER PANE LLP I 310 11" STREET, SUITE 4800, DENVER, CO 80202-5698 1 303.838.3800 I FAX 303.839.3838 I spencerfene.com
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Spencer Fane LLP
370 17th Street, Suite 480O
Denver, CO 80202-5698
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FIRST CLASS MAIL
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Weld County Board of Equalization
1150O Street
P. O, Box 758
Greeley, CO 80631
41
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