HomeMy WebLinkAbout20162336.tiffAugust 5, 2016
Petitioner:
CST METRO LLC
1 VALERO WAY BLDG D STE 200
SAN ANTONIO, TX 78249-1616
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):
DELTA PROPERTY TAX ADVISORS, LLC
PO BOX 91898
AUSTIN, TX 78709-1898
RE: THE BOARD OF EQUALIZATION 2016, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2016-2336 Appeal #: 2008211227 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
R4060986 Stipulated - Approved Stipulated Value
$486,394 $397,400
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
02,6/6',433C'50094
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 2016-2336
STIPULATION (As To Tax Year_2016_ Actual Value)
RE PETITION OF : R4060986
NAME: CTS Metro, LLC
ADDRESS: 113 N 2"d St
LaSalle
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2016 valuation ol'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:
LAS 11582 1,23 TI -IRO 28 BLK2
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 $486,394.00
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2016 actual value for the subject property:
Total $397,400.00
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:
Alter review ol'the cost approach, additional depreciation was warranted,
7. Both parties agree that:
The hearing scheduled before the Board of Equalization on 8/4/2016 at
I0:00 he vacated.
❑A hearing has nut yet been scheduled before the Board of Equalization.
2016-2336
aoylo-,2334,
ASoo9q
DATED this July thjy of 2,s, 2016.
Petit6o(s) or Agent opAttorney
Ad ess:
. o .3n/ %/1 l g
Roc)r 7f 7G7
Telephone: ) . (9,-•04:9
Docket Number 2016-2336
Stip-I,frm
2016-2336
(Assistant)': County Attorney f r
Respondent, Weld County Board of
Commissioners
Address:
1150 "O" Street
PSI Box 758
Greeley, CO 80632
Telephone:(970) 336-7235
t � / 7(7r�
County Assessfor
Address:
1400 N,17th Avenue
Greeley, CO 80631
Telephone: (970) 353-3845 ext. 3697
2
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Date of Notice: 6/30/2016
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00AM -- 5:00PM
ACCOUNT NO.
TAX YEAR
TAX AREA
LEGAL DESCRIPTION/ PHYSICAL LOCATION
LAS 11582 L23 THRU 28 BLK2
113N 2 ST
LA SALLE , CO
R4060986
2016
0160
PROPERTY OWNER
CST METRO LLC
1 VALERO WAY BLDG D STE 200
SAN ANTONIO, TX 78249-1616
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
COMMERCIAL
486,394
486,394
TOTAL
$486,394
$486,394
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:
CM05 - The law requires that data from Jan 2013 to June 2014 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 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 15.
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):
DELTA PROPERTY TAX ADVISORS, LLC
PO BOX 91898
AUSTIN, TX 78709-1898
2016-2336
16 -DPI -AR
PR 207-08/13
R4060986 10610065
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
August 1st through August 5th 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 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: http://www.co.weld.co, us/apps/oboe/
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; 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 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, § 39-8-107(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 Assessment Appeals
1313 Sherman Street, Room 315
Denver, CO 80203
(303) 866-5880
www.dola.colorado.govitas
Binding Arbitration
For 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 filed
on the next business day, ss 39-1-120(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.
PETITION TO COUNTY BOARD OF EQUALIZATION
What is your estimate of the property's value as of June 30, 2014? (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.)
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 above, affirm that the statements contained herein
and on any attachments hereto are true and complete.
Signature
Telephone Number Date
Email Address
' Attach letter of authorization signed by property owner.
16 -OPT -AR
PR 207-08/13
R4060986 10610065
CALCULATOR COST FORM
Source: Marshall Valuation Service Calculator Cost Method
SQUARE FOOT COSTS
1
2
3
Store Number: R4060986
State: Colorado
County: Weld
4
5 Occupancy
6 Cost Section
7 Building class and quality
8 Average floor area
9 Average perimeter
10 Effective Age
11 Region
12 Climate
13
14 Square foot cost (Bldg Includes Package A/C)
15 Sprinklers
16 Total
17 HEIGHT AND SIZE REFINEMENTS
18 Height Multiplier
19 Floor area/perimeter multiplier
20 Combined height and size multiplier
21 FINAL CALCULATIONS
22 Refined square foot cost (Line 16 x 20)
23 Current cost multiplier (Sect 99, pg 6)
24 Local multiplier (Sect 99, Pg 6 - 10)
25 Final square foot cost (Lines 22 x 23 x 24)
26 Area (square foot)
27 Replacement Cost
28 Life in Years / M&S Source
29 Depreciation %
30 Depreciation amount (Line 27 x Line 29)
31 Depreciated cost (Line 27 + Line 30)
32 Buildings' RCN less Physical Depreciation
33 Yard Improvements
34 Paving Type
35 Paving Sq Ft
36 Paving Cost per Sq Ft
37 Paving RCN (Line 35 x Line 36)
38 Sub -Total Yard Improvements RCN
39 Paving/Yard Impry Life In Years
40 Yard Improvements Depreciation %
41 Yard Improvements RCN less Physical Depr
42 Other/Extra Features
43 Total Yard Improvements RCN less Physical Depr
44 Less Functional/External Obsl (Imprvmnts Only)
45 Total RCNLD Improvements
46 Land
47 Total buildings + site improvements value
Account: R4060986 Valuation date: 6/30/2014
Section t
Section II
Section III
(419)
Canopy
Car Wash
C -Store
Sect. 14, Pg 14 (494)
Sect. 13, Pg 40 / Sect. 43 Pg 9
Sect 64, Pg 4 (436)
C
Average
C
Average
C
Average
1,656
163
18
18
28
Western -
Western
Western
Moderate
Moderate
Moderate
Section I
Section II
Section III
$88.28
$19.00
$92.88
$0 _
$0
$4.43
$92.71
$19.00
92.88
1.00
1.00
1.00
1.22
1.00
1.00
1.00
1.22
1.00
Section I
Section II
Section III
$112.70
$19.00
$92.88
1.00
1.00
1.00
1.02
1.02 I
1.02
$114.96
$19.38
$94.74
1,6S6
2,334
785
$190,370
$45,233
$74,371
40
Sect. 97, PG 11
15
Sect. 97, PG 19
25
Sect 14, Pg 44
26%
80%
80%
(49,496)
(36,186)
($59,497)
$9,047
$14,874
$140,874
$164,795
Concrete
20,100
$4.77
$95,877
$95,877
13
r
80%
$19,175
$0
$19,175
30%
($55,191)
$128,779
$158,004
$286,783
--> Source: M&S Sect 97, PG 19
-->See Attached FO/E0 Evidence
-->UST Stigma Associated with C -Stores (See Attached)
nik- DELIA
Property Tax Advisors
P.O. Box 91898 ri Austin, TX 78709
Ph: (512) 640-0891 O Fax: (512) 777-4065
www.deltapropertytax.com
July 15, 2016
Weld County Board of Equalization
1150 O Street
P.O. Box 758
Greeley, CO 80631
RE: Tax Year 2016 Appeal/Protest for:
Certified Mail Receipt: 7016 0910 0000 6062 6101
TAXPAYER
CCOUNT
A PARCEL /
ADDRESS
ASSESSOR
MARKET
VALUE
TAXPAYER
ESTIMATE OF
MARKET VALUE
CST Metro, LLC
R2396786
2720 35TH AVE
426,334
j 1
...7; f,e,
CST Metro, LLC
R4060986
113 N 2ND ST
486,394
7
61 0
Valero Diamond Metro, Inc.
R6779756
101 DENVER AVE
412/028
2-7 9 7.7
Dear Sir or Madam:
Please accept this protest of assessment for the property listed above. We are protesting the
assessed value for the following reason(s):
X
Property is appraised in excess of market value as of June 30, 2014 for 2016 Tax Year
X
Property is valued unequally compared with other property in the jurisdiction.
X
Other action of the chief appraiser, appraisal district, or appraisal review board that applies to and adversely
For our records, please acknowledge receipt via email to david@deltapropertytax.com. Please see
the enclosed updated Agency Authorization Form and update your records to reflect the Authorized
Agent change to Delta Property Tax Advisors and send all correspondence regarding this protest to
our address below:
% DELTA Property Tax Advisors
P.O. Box 91898
Austin, TX 78709
Should you have any questions or require additional information regarding the filing of this 2016
Protest, please contact me at (512) 640-0891 or via email at david@deltapropertytax.com.
Respectfully,
DELTA Property Tax Advisors
David T. DeLeon, Jr., CMI
Managing Partner
47
LETTER OF AUTHORIZATION
RECEIVED
JUL 212016
WELD COUNTY
COMMISSIONERS
CST Brands, Inc, and companies owned by CST Brands, Inc, hereby appoints Delta Property Tax Advisors, LLC as
agent for the purpose of filing business personal property and real estate renditions, filing assessment appeals, filing
applications or petitions of review of valuations with all Counties, Appraisal Districts, Property Appraisers, Boards of
Assessors, Boards of Equalization and Value Adjustments Boards, appearing on our behalf before said Boards, examining
any records, and discussing with the appropriate governmental authority the assessment of any property owned by CST
Brands, Inc. outside the State of Texas
1 further authorize Delta Property Tax Advisors, LLC to receive all commutation from the assessor's and tax collector's
office of all notices, appointments, decisions and tax bills such as:
Personal Property Reporting Forms
Proposed Value Notices
Hearing Notices & Hearing Results
Tax Bills
Property Tax Agent contact & mailing information:
Delta Property Tax Advisors, LLC
P.C. Box 91898
Austin, TX 78709
If you should have any questions, please give me a call.
Respectfully,
CST Brands, Inc.
Traces Neal) Tax Specialist
Phone; (512) 640-0891, Fax: (512) 7774065
PRINTED NAME & TITLE
LOS Illp
SIGNA1�JlE ! _ DATE
State of
County of
fGces
G- xri-n<
Before me, _,_ z e c r. 1,/ • tS_ 1 , (notary name) on this day personally appeared
t( Cc G MC -09 & , known to me to be the person whose mark is made on the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration herein expressed_
Given under my hand and seal of office this (6 day of PP i L. 22016.
(seal)
OSOUZA
Notary ?ubria
STATE OF TEXAS to
My Comm. Exp, 11112/2016 w
I T4928$8
TYVIPVTIFYVYVVVIIITYVVITYV
berioesiOcric Y AGO
(Notary Public's Signature) ,--�-�
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1 oft 7/21/2016 5:34 PM
C 4 ill C/3
to " LEI M gitt � : P-23
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•
July 22, 2016
Petitioner:
CST METRO LLC
1 VALERO WAY BLDG D STE 200
SAN ANTONIO, TX 78249-1616
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):
DELTA PROPERTY TAX
ADVISORS, LLC
PO BOX 91898
AUSTIN, TX 78709-1898
RE: THE BOARD OF EQUALIZATION 2016, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket #: 2016-2336, AS0094 Appeal #: 2008211227 Hearing Date: 8/4/2016 10:00 AM
Account(s) Appealed:
R4060986
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
Esther E. Gesick
Clerk to the Board
Weld County Board of County Commissioners
cc: Christopher Woodruff, Assessor
Hello