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HomeMy WebLinkAbout20152514.tiff , CLERK TO THE BOARD 1861 / j 460e PHONE ( 970 ) 336-7215 , EXT 4226 FAX ( 970 ) 352 - 0242 x ___r � WEBSITE : www . co . weld . co . us 1150 O STREET P . O . BOX 758 =aces'? GREELEY CO 80632 August 5 , 2015 AGDG LLC 1515 OLDEN ST APT 6 DENVER , CO 80218- 1466 RE : THE BOARD OF EQUALIZATION 2015 , WELD COUNTY , COLORADO ADMINISTRATIVE DENIAL OF PETITIONER ' S APPEAL AND AFFIRMATION OF ASSESSOR ' S VALUE ACCOUNT NO . : R3319586 Dear Petitioner : On July 30 , 2015 , 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 your request for an Administrative Denial of your petition for appeal of the Weld County Assessor' s valuation of your property described above , for the year 2015 . The Assessment and valuation is set as follows : ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY ASSESSOR SET BY BOARD $661 , 903 . 00 $661 , 903 . 00 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 . 2015-2514 AS0091 All appeals to the Board of Assessment Appeals filed after August 10 , 2015 , MUST comply with the following provisions of C . R . S . Section 39 -8 -107 ( 5 ) : ( 5 ) ( a ) ( I ) On and after August 10 , 2015 , 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 ) ( l ) 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 . 2015-2514 AS0091 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: 303-866- 5880 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. 2015-2514 AS0091 If you have questions concerning the above information , please call me at ( 970 ) 336- 7215 , Ext . 4226 . Very truly yours , 6ddw‘i Je&o ;tA Esther E . Gesick , Clerk to the Board Weld County Board of County Commissioners Cc : Christopher Woodruff, Weld County Assessor JOSEPH C SANSONE CO 18040 EDISON AVE STE 400 CHESTERFIELD , MO 63005-3702 2015-2514 AS0091 Rafaela Martinez From: Courtney Anaya Sent: Wednesday, July 22, 2015 8:11 AM To: Esther Gesick; Rafaela Martinez Subject: FW: Appeals we will take administrative denials for(2nd group) More Admin Denials Courtney Anaya Analyst Weld County Assessor's Office (970) 353-3845 ext. 3670 canaya@weldgov.com T.' LIP IL P Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Wade Melies Sent: Tuesday, July 21, 2015 3:36 PM To: Courtney Anaya Subject: FW: Appeals we will take administrative denials for (2nd group) More adminn deny, highlighted From: David Johnson [mailto:djohnson@jcsco.com] Sent: Monday, July 20, 2015 4:33 PM To: Susan Gundry; Wade Melies; Noel Lawrence Subject: FW: Appeals we will take administrative denials for (2nd group) Below I have added some additional ones for Administrative denials. Thank you, David Johnson Joseph C Sansone Company lc A-_ n w �� ' '4'`� 2015-2514 18040 Edison Avenue 1 /45OO9/ Chesterfield, MO 63005 1-636-733-5455 Direct 1-800-394-0140 Ext 5455 1-636-733-2223 Fax diohnson!c%jcsco.com From: David Johnson Sent: Monday, July 20, 2015 3:45 PM To: 'Susan Gundry'; 'Wade Melies'; 'Noel Lawrence' Subject: Appeals we will take administrative denials for Susan Wade and Noel, From the ones I have looked at so far, below are the cases that we will take the administrative denial: Susan: R7518799—2451 West 28th St, Greeley R0139391 - 3565 W Service Rd, Evans R6783222 —26959 County Rd 47 R3319586 — 505 18th St Wade: R6781274 — 8906 Frontier St R0167901 -320 Gateway Drive 2 R4335406— 199 South Briggs R4335506— 149 S Briggs R4334906 —71 Erie Pkwy R4335106 — 51 Erie Pkwy R6781273 — 7040 County Rd 20 R6780757- 10168 E I-25 Frontage Rd R4201806-7550 I 25 Frontage Road Noel: R4901507 —31375 Great Western Drive R4699807 R0126095 -208 Main St R0224393 -901 54th Avenue R0223993 - 5401 West 19th Street I am getting through the rest and will send later today. But I wanted to get these to you now. Thank you, David Johnson Joseph C Sansone Company 18040 Edison Avenue Chesterfield, MO 63005 1-636-733-5455 Direct 1-800-394-0140 Ext 5455 3 NOTICE OF DETERMINATION RECEIVED Christopher M. Woodruff JUL 1 0 2015 Date of Notice: 6/30/2015 Weld County Assessor Telephone: (970) 353-3845 1400 N 17th Ave WELD COUNTY Fax: (970) 304-6433 Greeley, CO 80631 COMMISSIONERS Office Hours: 8:00 AM — 5:00 PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/PHYSICAL LOCATION R3319586 2015 0600 GR 809-A PT L10-11-14-15 NW4SE4 8 5 65 BEG 40.6'E OF NW COR L10 SAID PT BEING W • AGDG LLC LY LN UPRR TH SE ON SAID RNV LN TO S LN 1515 OGDEN ST APT 6 L15 194.72'E OF SW COR W132.19'NWLY TO O DENVER,CO 80218-1466 N LN L11 124.13'W OF BEG E124.13'TO BEG &1/2 VAC 17 ST ADJ TO DESC PT L10-11 E cc a O 505 18 ST a GREELEY,CO 000000000 ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW COMMERCIAL 661,903 661,903 TOTAL $661,903 $661,903 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. JOSEPH C SANSONE CO 18040 EDISON AVE STE 400 CHESTERFIELD, MO 630053702 � (L` 1152 Yid l' g--,:it;?- �f 6000-0067 A5 0011 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 28 through August 5 at 1150.O Street. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below,and mail 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 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 recommendre at all correspondence be mailed with proveproof hat of mails a timely appeal; therefore, we 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 AsssssentAL eads District Court 1313 Sherman m Street, Room 315 Contact the District Court in the County Denver, CO 80203 where the property is located. See your (303)866-5880 local telephone book for the address and www.dota.colorado.aov/baa telephone number. Frdali f ofaai n fir a filet coif tr�b6it�ra�tors,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,sf 33-1420(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2014? (Your o inion of value in terms of a specific dollar amount is required for real property pursuant to§39-8-106(1.5),C-R.S-) $SEE ATTACHED What is the heals 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.) THE ASSESSOR'S CALCULATION OF THE VALUE EXCEEDS THE ACTUAL MARKET VALUE OF THE PROPERTY. ATTESTATION I,the undersi., ed owner or agent'of the property identified above,affirm that the statements contained herein and on any a,t=,► one her are true and complete. ��lll„ 636-733-5455 1$2015 Signature Telephone Number Dale appeals@jcsco.com Email Address Please Send all Correspondence to: Joseph 'Attach letter of authorization signed by property owner. C Sansone Company 18004040 Edison Avenue Chesterfield, MO 63005 If you disagree with the"current year actual value"and/or the classification determined for your property,you may file an appeal by mail or in person with the County Assessor.Completing the Real Property Questionnaire will help you determine an estimate of value for your property, which can be compared to the value determined by the Assessor.Colorado law requires application of the market approach to value for residential properties(includes apartments)and consideration of the cost, market, and income approaches to value for vacant land, commercial,and industrial properties. REASON FOR REQUESTING A REVIEW:The Assessor's calculation of value exceeds the actual market value of the property. ATTACH ADDITIONAL DOCUMENTS AS NECESSARY (Do not send original documents, they will not be returned.) MARKET APPROACH(ALL PROPERTY TYPES):This approach to value uses sales from the 18-month period ending June 30, 2014. If data is Insufficient during this time period,the Assessor may also consider data from the 5-year period ending June 30, 2014. Statute prohibits the Assessor from using appraisal data after June 30, 2014. To help estimate the market value of your property,please list sales of similar properties that have sold in your neighborhood. A copy of an appraisal prepared prior to June 30,2014 may be helpful in estimating the market value of your property. DATE SOLD SCHEDULE/ACCOUNT NUMBER or PROPERTY DESCRIPTION or ADDRESS SELLING PRICE Based on the information provided and accounting for differences between sold properties and your property,state the value of your property as of June 30, 2014. See Enclosed Info COST AND INCOME APPROACH: For vacant land,commercial and industrial properties the Assessor must also consider the cost and income approaches to value_ If your commercial or industrial property was not leased from January 2013 through June 2014,please complete the market approach section above. To assist the Assessor in evaluating your appeal,and If your property was leased during January 2013 through June 2014, please attach an operating statement indicating your Income and expense amounts.Attach a rent schedule indicating the square footage and rental rate for each tenant occupied space. If known,attach a list of rent comparables for competing properties. Estimate of value based on cost approach:$ Estimate of value based on income approach:$ See Enclosed Information Au EN rAss G'N Eit ` ASSIGNMENT: I authorize the below-named agent to act on my behalf regarding the property tax valuation of the property described herein for the year 2015 Agent's Name (please print): David Suden of Joseph C. Sansone Co. Daytime Telephone#: 636-733-5470 Owner's Signature: see attached Agent Authorization Date: Please mail all correspondence regarding this protest 18040 Edison Avenue Suite 400 to the above-named agent at the following address: Chesterfield, MO 63005 i� y DWNEfifiI,the undersigned owner or agent of this property, state that the information and facts contained herein and on any attachments constitute true and complete statements concerning the described property. SCHEDULE/ACCOUNT NUMBER:R3319586 (Found above your name on the Other side of this form.) f�// 63636-733-5415Signature: T-- ., Date:C. 2—, 5 Daytime Telephone#: indicate the name,telephone number and email address for a person the Assessor may contact with questions. Name David Suden Telephone 636-733-5470 Email appeals@jcsco.com 15-3221%1(5008gt per a Yt b i and/or the classification to the Assessor expires on June 1, 2015 If the dale for filing any docurne falls upon a Saturday,Sunday,or legal holiday,it shall be deemed timely iced if postmarked or delivered on the next business day.39.1-120(3),C.R.S. 15-32344-0003-CO AGENT AUTHORIZATION TO: Assessor's Office and the Assessment Review Agency AGDG LLC hereby authorizes and appoints Joseph C. Sansone Company to act as agent with full authority to handle all matters relating to ad valorem tax matters. This includes but is not limited to filing of property tax declarations or other documents with you or the Assessment Appeals Board, examining any records in your office which I have a right to examine, appearing before any assessment officer or board and discussing assessments and resolving disputes with you concerning the assessment on property for which I am responsible for the property taxes. This agency shall terminate when all matters relating to the 2011a through 20 Ile assessments are resolved. AGDG LLC EXACT NAME OF PROPERTY OWNER(FROM NOTICE OF VALUATION) 505 18 ST GREELEY 80631 R3319586 STREET ADDRESS SCHEDULE/PARCEL NUMBER AUTHORIZED SIGNATURE PRINT NAME OF SIGNER / `'�DATE TITLE PHONE NUMBER State of Colorado City of On this day of ,20_before me,the undersigned officer,personally appeared ,known to me(or satisfactorily proven)to be the person whose name is subscribed to within the instrument and acknowledged that he executed the same for the purposes therein contained. In witness hereof I hereunto set my hand and official seal. Notary Public REAL PROPERTY SUMMARY ANALYSIS OF Laundromat 505 18th Street Greeley, CO 80631 Parcel ID(s) Appeal Number 096108405005 As of 1/1/2015 Prepared By: C SANS,NE COIPAN1 JOSEPH C. SANSONE COMPANY 18040 Edison Avenue Chesterfield, Missouri 63005 <This is not an appraisal> This information is provided by the Joseph C.Sansone Company as an authorized advocate and representative of the property owner or taxpayer, Therefore,the information is not and should not be considered an objective analysis of the value of the subject property interest. The information is not intended to constitute an"appraisal"or"appraisal report"pursuant to the Uniform Standards of Professional Appraisal Practice("USPAP")or Missouri law. No one from the Joseph C.Sansone Company is acting as a licensed or certified real estate appraiser in this matter.Whether any person involved in the preparation or presentation of the information is a licensed or certified appraiser is of no importance and the information and presentation are not intended to comply with the USPAP requirements of appraisal practice. ]53?341,0003C° 505 18th Street PTR Number:15323440003CO Location IDs:096108405005 Tax Year 2015 / Pay Year 2016 Area Type STORAGE Location Totals Gross Building Area 23,562 23,562 Net Leaseable Area 23,562 23,562 Potential Gross Income 3.50 82,467 3.50 82,467 Vacancy and Credit Loss 25.0% 20,617 25.0% 20,617 Effective Gross Income 61,850 61,850 Overall Expense 110.0% 6,185 I 110.0% 6,185 Net Operating Income 55,665 55,665 Base Cap Rate 10.000 Adj Tax Rate 0.175 Adj Cap Rate 10.175 Value Sum 547,068 Indicated Value 547,000 Total Indicated Value per SF(NLA) 23.22 155:,344000900 Proker's Opinion—i his is not Z r appraisal--See FUiI Disclaimer 813 12th St SOLD Fort Lupton,CO 80621 Sale on 7/31/2013 for$120,000($26.04/SF)-Public Record 4,608 SF Class C Warehouse Building Built in 1981 County Road 14 1/2 14th St 14th St Q. Stage Dr ,) 2 Lantern Dr Trapper O, t i Platt e l11th St E - a e Branch E., 'Vine Dr > n 10th St BS' ti4°F 25001d vMicrosoft' Q t �dVlrtul Earth�, : -��j�ius:�3n��c�rrr ter.�'•!;:b.J!--rt.�::L 9t1 Buyer&Seller Contact Info Recorded Buyer: Rockies Properties Management Recorded Seller: Donald D& Luann D Patton 815 12th St Fort Lupton,CO 80621 Buyer Type: Developer/Owner-RGNL Transaction Details ID:2817083 Sale Date: 07/31/2013 Sale Type: - Escrow Length: - Bldg Type: Warehouse Sale Price: $120,000 Year Built/Age: Built in 1981 Age: 32 Asking Price: - RBA: 4,608 SF Price/SF: $26.04 Land Area: 0.27 AC(11,543 SF) Price/AC Land Gross: $452,830.19 Percent Leased: 100.0% Tenancy: Single Percent Improved: 70.4% Total Value Assessed: $29,400 in 2012 Improved Value Assessed $20,710 Land Value Assessed: $8,690 Land Assessed/AC: $32,792 Parcel No: 130932302031 Document No: 3953674 Copyrighted report licensed to Joseph C.Sansone Company-200793. 4/20/2015 Hello