HomeMy WebLinkAbout20162269.tiffAugust 5, 2016
Petitioner:
2013-1 NCRE VENTURE LLC
3936 W 19TH STREET LN
GREELEY, CO 80634-3446
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 2016, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2016-2269 Appeal #: 2008211179 Hearing Date: 8/4/2016 10:00 AM
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
2016.
The Assessment and valuation is set as follows:
Actual Value as Actual Value as
Account # Decision Determined by Assessor Set by Board
R6778551 Stipulated - Approved Stipulated Value $307,426 $107,022
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
0,2o/6'- 02026,9
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 R6778551
STIPULATION (As To Tax Year _201 6_ Actual Value)
RE PETITION OF ; Parking Lot
NAME: 2013-1 NCRE Venture LI-C
ADDRESS: 3936 W 19th Street Lit
Crreeley, CO
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2016 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;
1. The property subject to this Stipulation is described as:
OUTLOT B Sr1' MICHAELS TOWN CENTER 2ND 1:Cr
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 2016:
Total $307,426.00
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2016 actual value Cor the subject property:
Total $107,022.00
5. The valuation, as established above, shall be binding only with respect to tax
year 2016.
6. Brief narrative as to why the reduction was made:
Encumbrances and restrictions on parking lot with other nearby parcels.
7. Both parties agree that:
The hearing scheduled before the Board of Equalization on 08/04/2016 at
1.0:00 a_m, be vacated.
❑A hearing has not yet been scheduled before the Board of Equalization.
R6778551
1
c20/10- c2?%,4
DATED thi 25th day of July, 2016,
I
Petitioner(' or Agent or Attorney
0 Ir5177 '
1
(Assistant) County Attorney for
Respondent, Weld County Board of
Commissioners
/,
Address. 74 Address:
54,4 3 6 l� �-7--. t ' • '1'150 "0„ Street
1�r �1 , Oo ke263yF P.O. Box 758 Greeley, CO 80632
Telephone:(970) 336-7235
County Assessor
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext. 3697
Telephone:
Docket Number
Stip-1.Frm
R6778551
2
Esther Gesick
From:
Sent:
To:
Subject:
Attachments:
Noel Lawrence
Monday, July 25, 2016 9:59 AM
Courtney Anaya; Esther Gesick
FW: R6778551 CBOE appeal
STIPULATN assess val R6778551.pdf
Stipulation attached for R6778551.
Thanks.
From: ty@thomasandtyler.com [mailto:ty@thomasandtyler.com]
Sent: Monday, July 25, 2016 9:57 AM
To: Noel Lawrence <nlawrence@co.weld.co.us>
Subject: RE: R6778551 CBOE appeal
thanks Noel - here you go..
ty
Original Message
Subject: RE: R6778551 CBOE appeal
From: Noel Lawrence <nlawrence cr co.weld.eo.us>
Date: Mon, July 25, 2016 9:10 am
To: "ty@thomasandtyler.com" <ty d,thamasandtyler.eorn>
Ok, here is a stipulation. Please sign this and return to me and I will forward to the Clerk to the
Board.
'Thanks 'l'y,
Noel Lawrence
From: ty@thomasandtyler.com [mailto:ty@thomasandtyler.com]
Sent: Thursday, July 21, 2016 5:15 PM
To: Noel Lawrence <nlawrenceco.weld.co.us>
Cc: Drew (tho) Notestine <drewthornasandtyler.com>
Subject: RE: R6778551 CBOE appeal
Noel,
Thank you for reviewing our appeal letter, for your thoughtful consideration of factors we both
agree undermine subject parcel's value/marketability, and for your effort in visiting with Linda at
Weld Treasurer for additional history/context. Though I believe your adjusted figure ($107k+)
still high, I am happy to accept for calendar year 2016. I admit I have yet to reach out to
other stakeholders (SM Town Ctr. Assoc. & AgPro) which I will do soon, primarily
to gain understanding of their perspective (and, hopefully, to enlist everybody's willingness to
discuss mitigation strategies (failing which I believe litigation will be unavoidable)). I will
certainly keep you in loop as I know your office will be interested in how things evolve
here. Please advise if any additional support required by me this time.
Respectfully;
Ty Notestine
offc 970-351-8888
cell 303-875-6278
Original Message
Subject: R6778551 CBOE appeal
From: Noel Lawrence <nlawrence@co.weld.co.us>
Date: Thu, July 21, 2016 9:00 am
To: "ty@thomasandtyler.com" <ty@thomasandtyler.com>
Good morning Ty. I received your appeal of the parking lot at St. Michaels in
Greeley. I also spent some time with Linda in the Treasurer's Office getting up to
speed on the history of this account and your purchase of the liens and the
Treasurer's Deed. As we both know, the lot should have been initially deeded to
the Association and would have been exempted. Linda also explained to me that
the owners in the Association have no interest in having the lot, pool, or
playground parcels deeded to the Association.
I agree that the encumbrances on the parking lot affect the value. My
understanding is that you will possibly be receiving the pool, and playground
from Anka as well. Hopefully at that point a new plat will encompass these
properties and alleviate the current issues.
So now we come to establishing an appropriate value based on the encumbrances,
the sale of the multi -family lot, and the amount you paid. Your purchase of the
liens and treasurer's deed alone come to over $52k, not even accounting for the
interest you earned. The sale of the multi -family lot in SM was for $2.00 psf but
was a bank sale not truly representative of the market value. The subject parking
lot also has improvements that still have use and utility. In light of the
encumbrances on the subject I would be willing to reduce the value of the land
from $5.60 psf to the same bank sale value of $2.00 psf plus a 50% reduction in
the value of the improvements.
This would lower the value as follows:
Land Imps Total
Orig $280,126 $27,300 $307,426
Land Imps Total
New $93,372 $13,650 $107,022
Please let me know your thoughts.
Respectfully,
Noel Lawrence
Commercial Appraiser
Assessor's Office
1400 N. /7th Avenue
Greeley, CO 80631
970-400-3695
2
NOTICE OF DETERMINATION
Ch nslopher Wtiodrufl
Weld County Assessor
1400 NIT" Ave
Greeley. CO 60631
ACCOuNt NO.
Flarne.5,
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LAX YEAR
.fate
:fin I syCifiE VEWTL$ 1 'AC
We W I$tM $TRf f t l.N
CatELEet. CO (10634-M46
Date of Noce 6/3112016
Te$ept >0010) 353-3845
Fax. (970) 304-8433
()Moe tour's: d 00AM - 5 QQPM
TAX AREA
ti _ear
LEGAL Del WTk)N,° PHYSICAL LOCATION
2g81 01,111.01 a at scs*nS TOM" it, P1 r c' ,_; 112.
+rltt'E d , CO
RECEI
JUL 15 16
WELD COUNTY
COMM?S I0NERS
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REf riEW
CO6WERCIAL
307.426
ACTUAL VALUE ASR
RED!
TOTAL 13074
WAX;
$307,426
The Assessor nas careiurly studied all mailable itormation, giving particular attention to the
speacs included on your pt test The Asl sso(s deeerrr at on of value after review is based on
y0:3 - A t,rv4V,' ' IJI rho 'rti.l %+.Of v t€i o 4w .d to you, netighbothocx1 rnthcstes your land valuation IS
wired
if you disagree with the Assessors decision, you have the right to appeal to the County
Board of Equalization for further constdeiatkon. c 394-1061 }
The deadline for filing real property appeal*i$ y IL
Th:n Assera estatthesproperty va `u s The local taxing iwt octi s (county. school disticia
cat
fire protection. and Other spec tat dcstrcts) set mill kmil IOW The y requested by a Ch t pt 1
authority based on a p ted budget and the property tax revenue regquwred to adequatelyund
the serer 4 prov4e-s to its taxpayers The local taxing autharites tokl beget hearings in the fall
tf you are concerned about mall eves, we recommend that you attend these budget hearings
Please reier 10 last year's tax bill or ask your Assessor for a ksbog of the local taxes authors
Mesas refer to the reverse side of this notice for additional lnfonnjtkon,
Agent (it r ligcait'e,)
igl.AR
PR 201- 00n3
R6778$61 10$10600
APPEAL Pfd clES
County Board of Equalization Hearings will be held from
August 1" through August rat 1150 0 Street.
To appeal the Assessor's dcsion complete the Petflc to the County Board of EquafttaIion eshotivri
below, and maill fie onlineor deliver a copy of both sides of Mit bun la.
'r*, i County Board of Equahation
1150 O Street P O Box 758
Greeley, CO B0831
1ri eP & ne. (9701366--4000 ext. 4225
•R Y,
On1ane `11 1 ;how,* co•vtid c utapjs[c l
To preserve your appeal rights. sit Pctttx n 10 the County Board of Equalization mullet be
p stmarked or delivered on or before July 15 for real property - atter such date. your right to
appeal ts lost You may be required to prove th*t you filed a t me1y appeal, therefore. we
reckurtenend that all correspondence be mailed with proof of maiting.
You ort to rvotifed of the date and time scheduled for your hearing. The County Board of
Equalization mint moil a written decision to you within five basless days �►i the date of the
deCision The County Board of Equatrt*lam co
nclude nclude hearings and render clectiris by August
5. t3 304-107(2). C R.S.. Hyatt do not receive a decision from the County Baud of Eguatczahon and
you wish to continue nue your you nuts! me an jai: with the Board of Assessment Appeals by
:September 10. S. 394-1250 C R S
i.1 you are dissatisfied with the County Board of Equalizabon's decision and you vAsti to continue :Tour
F ne.•al you must appeal within 30 days of the date of the County Board's written decision to ONE of
�r1 air#_ 1oogn
Denver. CO 80203
(303) 866,5880 g
w'M'v dO S o goy{'bat
Binding Arbitration
For a Ics►t of arbitrator
Equaikzatc'n
If the date for ". report ;cue, earl. fax return, statement. rerntitta3nc*. or other document
ent
falls upon .r Sa ay Sanday or legal trokiay. 4 VIM be destnithl to have been timely Mil I
on the next bust* day. o 39-1-120(3), C fit,S
PETITION ,(MINTY BOARD OF EQUA
con?o
the •u
tsd the "act Cowl in the County
wtiere the property is located See your
looms telephone book for the SWIM
telephone fitimbOr
Ca^rArntssioners at the address Isted #ar the County BOard
What is your estimate of the pt rty s value atof grill Wit, ?x147 (Your minion of yaks in tt s of a
t;t G3 ameurri'S ; tored ice real party pursuant to 4 39+1 t 5). C Ft S )
What I basis for your esitirnale of value or your ritallOo lot requesting vises? (Past attach
add-t+on: i stets as necesary and any, s rtEr - O . t O, Via. reit S, orig rna
?cittslagetii cost appraillet it t
I ur Oeflx ►ed
and y all
ATTESTATION _
Of agent' tithe property identified a* a ,m t"t'i8►1 M9 sta terne,ts contaned herein
$ t` true anc4 IjS I @
71
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Appeal submitted for:
R6778551 -, GREELEY
Legal: OUTLOT B ST MICHAELS TOWN CENTER 2ND FG
Reason: Subject parcel's utility/marketability is significantly impaired as result of a series of flawed
legal agreements (subdivision & related plats (as amended), development agreements, owner
association CCRs, etc.) that preclude any kind of meaningful development absent a remediation that
is expected to be expensive, uncertain, and adversarial, esp. relative other stakeholders that claim an
interest in Subject. Subject's most recent recorded plat (ref. Weld clerk and recorder 3687394)
delineates significant access and other easements benefiting others; further, the CCRs are interpreted
as conveying permanent parking easements of some kind against Subject (anticipate that parking
rights will be a major issue asserted by others (ie. by owners' association or by AG Resource Holdings
LLC which owns buildings adjoining Subject) in any negotiation or litigation for Subject's remediation).
Oddly, Subject is zoned residential high density but is subject to CCRs precluding residential
development (see sect. 3, art. VI of CCRs (ref. Weld clerk and recorder 3340101). According to prior
owner's representative, DJ Calvin, Subject was intended to be conveyed to association as subdivision
common elements but for whatever reason that never happened (this is why plat reserved no
building envelope on Subject instead delineating various access/other easements in difficult locations
(relative future development)). We only recently acquired this parcel via tax deed (through our entity
"2013-1 NCRE Venture LLC") by foreclosing a tax lien with cumulative basis of approx. $40k. Our tax
deed underscores the value impairment of Subject and points to wide disparity in value as estimated
by knowledgeable prior owner (the successor -in -interest to original developer who elected to
relinquish for taxes) and by assessor (valuing "5300k)). As aside, I note that another entity (St.
Michael's MF LLC) recently acquired another parcel in same subdivision as Subject for purchase price
of 5200k (a parcel more than 2x the size of Subject); this transaction is not cited to conflate the 2
parcels' respective utility since Subject is fundamentally impaired where that other parcel was not (in
fact has since been developed into several multifamily buildings). My estimated value of Subject is
less than Twenty Five Thousand & no/100 Dollars ($25,000).
Ty Note ti r-' anager
2013-1 NCRE Venture LLC (property owner)
Contact Email: ty@thomasandtyler.com
Contact Office (c/o Thomas & Tyler LLC): (970) 351 - 8888
Contact Cell: (303) 875-6278
July 22, 2016
Petitioner:
2013-1 NCRE VENTURE LLC
3936 W 19TH STREET LN
GREELEY, CO 80634-3446
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 2016, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket #: 2016-2269, AS0094 Appeal #: 2008211179 Hearing Date: 8/4/2016 10:00 AM
Account(s) Appealed:
R6778551
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of AUGUST 4, 2016, at or about the
hour of 10:00 AM, to hold a hearing on your valuation for assessment. This hearing will be
held at the Weld County Administration Building, Assembly Room, 1150 O Street,
Greeley, Colorado.
You have a right to attend this hearing and present evidence in support of your petition.
The Weld County Assessor or his designee will be present. The Board will make its
decision on the basis of the record made at the aforementioned hearing, as well as your
petition, so it would be in your interest to have a representative present. If you plan to be
represented by an agent or an attorney at your hearing, prior to the hearing you shall
provide, in writing to the Clerk to the Board's Office, an authorization for the agent or
attorney to represent you. If you do not choose to attend this hearing, a decision will still be
made by the Board by the close of business on August 5, 2016, and mailed to you within
five (5) business days.
Because of the volume of cases before the Board of Equalization, most cases shall be
limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative
that you provide evidence to support your position. This may include evidence that similar
homes in your area are valued less than yours or you are being assessed on improvements
you do not have. Please note: The fact that your valuation has increased cannot be
your sole basis of appeal. Without documented evidence as indicated above, the Board
will have no choice but to deny your appeal.
If you wish to obtain the data supporting the Assessor's valuation of your property, please
submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you
have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will
notify you of the estimated cost of providing such information. Payment must be made prior
to the Assessor providing such information, at which time the Assessor will make the data
available within three (3) working days, subject to any confidentiality requirements.
Please advise me if you decide not to keep your appointment as scheduled. If you need
any additional information, please call me at your convenience.
Very truly yours,
BOARD OF EQUALIZATION
4°'24.f 1/41‘,f.A
Esther E. Gesick
Clerk to the Board
Weld County Board of County Commissioners
cc: Christopher Woodruff, Assessor
Hello