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HomeMy WebLinkAbout20151593.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITIONS FOR ABATEMENT OR REFUND OF TAXES -VAN HERWAARDEN 1, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 1st day of June, 2015, at which meeting there were present the following members: Commissioners Mike Freeman, Sean P. Conway, Julie A. Cozad, and Steve Moreno, and with Chair Barbara Kirkmeyer being excused, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being present, and taxpayer, Van Herwaarden 1, LLC, not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petitions, and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and the petitions be and hereby are, denied, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $0.00 $0.00 2013 $0.00 $0.00 2014 2015-1593 AS0090 TAX ABATEMENT PETITIONS —VAN HERWAARDEN 1, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:((���,` � ' Cam( EXCUSED G/� v• '� Barbara Kirkmeyer, Chair Weld County Clerk to the Board al/14 ' l Mike Freeman, Pro-Tern K, ty Clerk to the B �:� �. �� 1► � Sean P. Conway &14,1-c; etra4td APPROVED AS TO FO Igb1 .O 4"0 Julie A. Cozad County Attorney /� Steve Moreno Date of signature: 6//,:t, 2015-1593 AS0090 . PETITION FOR ABATEMENT OR REFUND OF TAXES • County:WELD Date Received 11 a/3 9O 7 (Use Assessor's or Commissioners'Date Stamp) Section I: Petitioner,please complete Section I only. Date: 2/11/15 Month Day Year OA NA Petitioner's Name: Van Herwaarden 1 LLC lit Inn M Cam? T Petitioner's Mailing Address: 2452 22nd Ave Greeley CO 806318153 Z i._. psi City or Town State Zip Code O -4 gam r> IV SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY O 60 c R2440386 2563 28st i cr rn 88 C9 7J Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for the property tax year 2013 are incorrect for the following reasons: (Briefly describe why the taxes have been levied erroneously or illegally,whether due to erroneous valuation, irregularity in levying, clerical error, or overvaluation. Attach additional sheets if necessary.) Our valuation analysis indicates a lower value for the property. RECEIVED APR 2 9 205 Petitioner's estimate of value: $797,132 (2013 ) WELD COUNTY Value Year COMMISSIONERS I declare, under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits or statements, has been prepared or examined by me,and to the best of my knowledge, information, and belief, is true, correct,and complete. 303.749.9033 Daytime Phone Number( ) Petitioner's Signature By Daytime Phone Number( ) Agent's Signature* 'Letter of agency must be attached when petition is submitted by an agent. If the Board of County Commissioners,pursuant to§39-10-114(1),C.R.S.,or the Property Tax Administrator,pursuant to§39-2-116,C.R.S., denies the petition for refund or abatement of taxes in whole or in part,the Petitioner may appeal to the Board of Assessment Appeals pursuant to the provisions of§39-2-125,C.R.S.,within thirty days of the entry of any such decision,§39-10-114.5(1),C.R.S. Section II: Assessor's Recommendation (For Assessor's Use Only) Tax Year __l 3/3 J Actual Assess�e7d�y Tax Original (//Vi 7‘P -3 ,9, `' " 25�' C.p. 7/ Corrected /,/38 7 o I3072 2 5 34e.7/ Abate/Refund Y 11 ❑Assessor recommends approval as outlined above. If the request for abatement is based upon the grounds of overvaluation,no abatement or refund of taxes shall be made if an objection or protest to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer,§39-10-114(1)(a)(l)(D),C.R.S. Tax year: Protest? 0 No 0 Yes (If a protest was filed,please attach a copy of the NOD.) (Assessor recommends denial for the following reason(s): ✓A Ce_>--xkcj L/ 4 1. _I v-i (1/41Assessor's or Dei‘sor's Signe 15-DPT-AR No.920-66/11 FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to§39-10-114,C.R.S.shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor,as appropriate.within six months of the date of filing such petition,§39-1-113(1.7),C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to$10,000) The Commissioners of County authorize the Assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of$10,000 or less per tract, parcel, or lot of land or per schedule of personal property, in accordance with§39-1-113(1.5), C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatement/refund of: Tax Year Actual Assessed Tax Original Corrected Abate/Refund Note The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if applicable. Please contact the County Treasurer for full payment information. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners (Must be completed if Section III does not apply) WHEREAS,the County Commissioners of County, State of Colorado, at a duly and lawfully called regular meeting held on / / , at which meeting there were present the following members: Month Day Year with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor of said County and Assessor (being present--not present)and Name Petitioner (being present--not present), and WHEREAS,the said Name County Commissioners have carefully considered the within petition, and are fully advised in relation thereto, NOW BE IT RESOLVED that the Board(agrees--does not agree)with the recommendation of the Assessor, and that the petition be(approved--approved in part--denied)with an abatement/refund as follows: Year Assessed Value Taxes Abate/Refund Chairperson of the Board of County Commissioners'Signature County Clerk and Ex-Officio Clerk of the Board of County Commissioners in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County this day of Month Year County Clerk's or Deputy County Clerk's Signature Note. Abatements greater than$10,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than$10,000) The action of the Board of County Commissioners, relative to this petition, is hereby ❑Approved ❑Approved in part$ ❑ Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-OPT-AR No.920-66/11 Appointment of Agency for Property Tax Matters Duff & Phelps LLC is authorized to represent FSY Partnership, Van Herwaarden 1 LLC and all other related entities (collectively, "Weld County Garage") with regard to property tax matters for the real property shown in Appendix A. Any and all previous authorizations are hereby revoked. Duff & Phelps LLC is authorized to act on our behalf in obtaining and providing information, negotiating, settling and assessing for all property matters related to the property indicated above for any appeals or abatements. This agent is delegated full authority to handle all real property tax matters relative to assessments and to represent us, with the assistance of legal counsel, if necessary, in the appeal process. This appointment of agency remains in effect for tax years 2013-2015 or until revoked in writing by the Weld County Garage or Duff& Phelps LLC, except as provided above. All correspondence should be directed to the following individual: NAME: Michael Van Donselaar Duff& Phelps LLC ADDRESS: 1200 17th Street, Suite 990 Denver, Colorado 80202 303-749-9034 The individual signing below has the authority to act on behalf of the FSY Partnership, Van Herwaarden 1 LLC and all other related entities (collectively, "Weld County Garage"). SIGNED: Vrcd NAME/TITLE: e at Weld County Garage ;,'" ,f1" l DATE EFFECTIVE: January 16. 2015 NOTARIZATION: CINDY L. BERRYMAN NOTARY PUBLIC STATE OF COLORADO WIAINstID 20024022957 My CorNiAlSiOf Expires July 18,2018 n CIL7' c Appendix A Address Ownership Name Parcels City 2699 47 AV FSY Partnership 095915420001 Greeley 2699 47 AV FSY Partnership 095915420002 Greeley 2722 50 AV FSY Partnership 095915413002 Greeley 2835 31 AV FSY Partnership 095924201033 Greeley NA FSY Partnership 096117327002 Greeley 2751 9 AV FSY Partnership 096117318013 Garden City 2805 8 AV FSY Partnership 096120201003 Evans 870 27 Stpl FSY Partnership 096120201001 Greeley 2563 28 ST Van Herwarrden 1 LLC 095913400008 Greeley • WELD COUNTY ASSESSOR CHRISTOPHER M WOODRUFF 2013 REAL PROPERTY NOTICE OF VALUATION . 1400 N 17th AVE Phone (970)353-3845 Fax (970)304-6433 APPEAL FORM GREELEY, CO 80631 Office Hours: 8:00 a.m. 5:00 p.m. M-F RETURN TO ASSESSOR appeals@weldgov.com www.weldgov.com DATE.May 1, 2013 SCHEDULE 1 ACCOUNT NUMBER TAX AREA CODE PROPERTY DESCRIPTION(MAY NOT BE COMPLETE) R2440386 2013 0600 P 2563 28 ST GREELEY OW VAN HERWAARDEN 1 LLC GR 17567-A PT SE4 13 5 66 STEPHENS 1ST A PM 2452 22ND AVE NNEXATION BEG SE COR N89D43'W 1772.40' N R R GREELEY CO 80631-8153 01D39'E 127.94' TO NLY R/W US #34 N01 039 T 'E 40' TO TRUE BEG N88D20'W 435.61' N01 D Y TYPE OF PROPERTY PRIOR YEAR ALA UAL VALUL LURRENI YEAR AL1UA1.VALUE ' •ON r.HANLE COMMERCIAL 1, 138,760 1, 138,760 0 TOTALS 1, 138,760 1, 138,760 0 Using the above values, the estimated tax based on the prior year value was$2'5 2. The estimate of tax based on the current value is $25,352. This results in no change in tax. This estimate is based on 2012 tax rat will r .ye a tax bill in 2014. The tax amount is merely an estimate based upon the best information availab You have the right to protest the adjustment in valuation, but not the estimate of taxes, 39-5-121(1.5), C.R.S. Ilipi LAND SIZE .00 s # OF BUILDINGS ON FILE 1 EX' BUILDING #1 CHARACTERISTICS DISPLAYED v LAND NET SOFT: `x$00 OCCUPANCY1:Complete Auto Dealership OCCUPANCY2: OCCUPANCY3: cc YEAR BUILT: 1974 = CLASS: Masonry TOTAL BLDG SC)FT: 16268 H TOTAL COMMERCIAL SO FOOTAGE: 16268 n'. UNIT SO FT: ccTOTAL BUILDING COUNT: 1 PLEASE REFER TO THE BACK OF THIS FORM FOR INFORMATION ON HOW TO APPEAL YOUR PROPERTY VALUATION OR ITS CLASSIFICATION. &R'81:C013 0279757 0626939 0002 OF 0002 r REAL PROPERTY APPEAL FORM If you disagree with the"current year actual value"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: ll REAL PROPERTY QUESTIONNAIRE 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 30,2012. If data is insufficient during this time period,the Assessor may also consider data from the 5-year period ending June 30, 2012. Statute prohibits the Assessor from using appraisal data after June 30, 2012. 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, 2012 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, 2012. 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 2011 through June 2012, please complete the market approach section above. To assist the Assessor in evaluating your appeal,and if your property was leased during January 2011 through June 2012, 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: $ AGENT ASSIGNMENT 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 Agent's Name(please print): Daytime Telephone#: Owner's Signature: Date: Please mail all correspondence regarding this protest to the above-named agent at the following address: OWNER/AGENT VERIFICATION I, 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: (Found above your name on the other side of this form.) Signature: Date: Daytime Telephone#: Indicate the name,telephone number and email address for a person the Assessor may contact with questions. Name Telephone Email Your right to appeal your property value expires on June 1, 2013 If the date for filing any document falls upon a Saturday,Sunday,or legal holiday,it shall be deemed timely filed if postmarked or delivered on the next business day,39-1-120(3),C.R.S. L J r , • VALUATION INFORMATION • -Your property was valued as it existed on January 1 of the current year. The tax notice you receive next January will be based on this value. -All property in Colorado is revalued every odd numbered year. 39-1-104(10.2)(a), C.R.S. -The appraisal data used to establish real property value was from the 18-month period ending June 30, 2012. 39-1-104(10.2)(a), C.R.S. If data is insufficient during this time period,the Assessor may also use data from the 5-year period ending June 30, 2012. State statute prohibits the use of appraisal data after June 30, 2012;that data will be considered in the 2015 reappraisal. 39-1-104(10.2)(d), C.R.S. -An assessment percentage will be applied to the actual value of your property before property taxes are calculated. -The assessment percentage for residences is projected to be 7.96%. Generally, all other property, including vacant land, is assessed at 29%. 39-1-104.2(3) and 39-1-104(1), C.R.S. - A change in the projected residential assessment percentage is NOT grounds for objection or abatement of taxes. 39-5-121(1), C.R.S. APPEALING BY MAIL OR IN PERSON If you choose to object to your valuation or its classification, please complete the appeal form and return it to the Assessor at the address listed.To preserve your right to object, your appeal must be postmarked, emailed, faxed or delivered in person on or before June 1, 2013. 39-5-122(2), C.R.S. Your right to appeal your property value expires on June 1, 2013 If the date for filing any document falls upon a Saturday,Sunday,or legal holiday,it shall be deemed timely filed if postmarked or delivered on the next business day.39-1-120(3),C.R.S. ASSESSOR'S DETERMINATION The Assessor must make a decision on your protest and mail a Notice of Determination to you by the last regular working day in June. APPEALING THE ASSESSOR'S DECISION If you disagree with the Assessor's determination, or if you do not receive a Notice of Determination from the Assessor,you must file a written appeal with the County Board of Equalization on or before July 15th. 39-8-106(1)(a), C.R.S. TO PRESERVE YOUR APPEAL RIGHTS YOU MAY BE REQUIRED TO PROVE THAT YOU HAVE FILED TIMELY;THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. 2013 PROPERTY TAX HOMESTEAD EXEMPTION INFORMATION for SENIOR CITIZENS AND DISABLED VETERANS Notice: As of the date this document was executed,the Colorado General Assembly has not ruled on the funding for the Senior Property Tax Exemption for tax year 2013;taxes payable in 2014.The Disabled Veteran Exemption is still an active program. The property tax exemption for those who qualify is 50 percent of the first$200,000 in actual value of their primary residence.The state pays the exempted portion of the property tax.Those who have previously nailed and have been granted the exemption do not need to apply again. SENIOR CITIZEN ELIGIBILITY REQUIREMENTS The exemption is available to any senior who is at least 65 years old,and who has owned and occupied the home as his or her primary residence for at least 10 years,prior to January 1 of the year the application is filed.The exemption is also available to the surviving spouse of a senior who previously met these requirements prior to his or her death.The application and instructions are available from,and should be submitted to,the county assessor listed on the front of this notice.The application deadline is July 15. DISABLED VETERANS The exemption is available to any veteran who sustained a service-connected disability while serving on active duty in the Armed Forces of the United States,was rated by the United States Department of Veterans Affairs as 100% "permanent and total"disabled,and was honorably discharged.The veteran must have owned and occupied the home as his or her primary residence prior to January 1 of the year the application is filed.The application deadline is July 1.The application is available from the Division of Veterans Affairs at the address and telephone number provided below and from the Colorado Division of Property Taxation website at www.dola.colorado.gov/dpt Completed applications must be submitted to the Colorado Division of Veterans Affairs at: Colorado Department of Military and Veterans Affairs Division of Veterans Affairs 1355 S.Colorado Blvd.,Bldg C,Suite 113 Denver,CO 80222 Telephone:303-284-6077 Fax:303-284-3163 www.colorado.gov/dmva This Notice of Valuation does not reflect any information concerning the status of an application or reflect a reduction in actual value due to an approved exemption. IL PETITION FOR ABATEMENT OR REFUND OF TAXES �y . County:WELD Date Received Q`---5 off/ (Use Assessor's or Commissioners'Date Stamp) Section I: Petitioner,please complete Section I only. r Date: 2/11/15 18 M Month Day Year Petitioner's Name: Van Herwaarden 1 LLC Z.I 2452 22nd Ave Petitioner's Mailing Address: > N N® Greeley CO 806318153 ,o) i= ,M t.n City or Town State Zip Code 03 Cn SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY O O R2440386 2563 28 st Greeley Xl Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the above property for the property tax year 2014 are incorrect for the following reasons: (Briefly describe why the taxes have been levied erroneously or illegally,whether due to erroneous valuation, irregularity in levying, clerical error, or overvaluation. Attach additional sheets if necessary.) Our valuation analysis indicates a lower value for the property. RECEIVED APR 292015 WELD COUNTY Petitioner's estimate of value: $797,132 (2014 ) COMMISSIONERS Value Year I declare, under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits or statements, has been prepared or examined by me, and to the best of my knowledge, information, and belief, is true, correct,and complete. 303.749.9033 Daytime Phone Number( ) Petitioner's Signature By Daytime Phone Number( Agent's Signature* *Letter of agency must be attached when petition is submitted by an agent. If the Board of County Commissioners,pursuant to§39-10-114(1),C.R.S.,or the Property Tax Administrator,pursuant to§39-2-116,C.R.S., denies the petition for refund or abatement of taxes in whole or in part,the Petitioner may appeal to the Board of Assessment Appeals pursuant to the provisions of§39-2-125,C.R.S.,within thirty days of the entry of any such decision,§39-10-114.5(1),C.R.S. Section II: Assessor's Recommendation (For Assessor's Use Only) Tax Year 20/ Actual l Assessed Tax Original //1/ 7 v 330, 15'x.97 Corrected t I ;I: 7649 —33° 7("' Z 90.97 Abate/Refund ❑Assessor recommends approval as outlined above. If the request for abatement is based upon the grounds of overvaluation,no abatement or refund of taxes shall be made if an objection or protest to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer,§39-10-114(1)(a)(l)(D),C.R.S. Tax year: Protest? O No ❑Yes (If a protest was filed,please attach a copy of the NOD.) Assessor recommends denial for the following reason(s): Pe1.51/-45- Ce9-slac0 (ice. Assessor's or uty Assesso s Signs 15-DPT-AR No.920-66/11 FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY • (Section III or Section IV must be completed) • Every petition for abatement or refund filed pursuant to§39-10-114,C.R.S.shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(1.7),C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to$10,000) The Commissioners of County authorize the Assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of$10,000 or less per tract,parcel, or lot of land or per schedule of personal property, in accordance with§39-1-113(1.5),C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatement/refund of: Tax Year Actual Assessed Tax Original Corrected Abate/Refund Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if applicable. Please contact the County Treasurer for full payment information. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners (Must be completed if Section III does not apply) WHEREAS,the County Commissioners of County, State of Colorado,at a duly and lawfully called regular meeting held on / / ,at which meeting there were present the following members: Month Day Year with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor of said County and Assessor (being present--not present)and Name Petitioner (being present--not present),and WHEREAS,the said Name County Commissioners have carefully considered the within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED that the Board(agrees--does not agree)with the recommendation of the Assessor, and that the petition be(approved--approved in part--denied)with an abatement/refund as follows: Year Assessed Value Taxes Abate/Refund Chairperson of the Board of County Commissioners'Signature County Clerk and Ex-Officio Clerk of the Board of County Commissioners in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said County this day of Month Year County Clerk's or Deputy County Clerk's Signature Note: Abatements greater than$10,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than$10,000) The action of the Board of County Commissioners, relative to this petition,is hereby ❑Approved ❑Approved in part$ ❑Denied for the following reason(s): Secretary's Signature Property Tax Administrator's Signature Date 15-DPT-AR No.920-66/11 Appointment of Agency for Property Tax Matters Duff & Phelps LLC is authorized to represent FSY Partnership, Van Herwaarden 1 LLC and all other related entities (collectively, "Weld County Garage") with regard to property tax matters for the real property shown in Appendix A. Any and all previous authorizations are hereby revoked. Duff & Phelps LLC is authorized to act on our behalf in obtaining and providing information, negotiating, settling and assessing for all property matters related to the property indicated above for any appeals or abatements. This agent is delegated full authority to handle all real property tax matters relative to assessments and to represent us, with the assistance of legal counsel, if necessary, in the appeal process. This appointment of agency remains in effect for tax years 2013-2015 or until revoked in writing by the Weld County Garage or Duff & Phelps LLC, except as provided above. All correspondence should be directed to the following individual: NAME: Michael Van Donselaar Duff& Phelps LLC ADDRESS: 1200 17th Street. Suite 990 Denver, Colorado 80202 303-749-9034 The individual signing below has the authority to act on behalf of the FSY Partnership, Van Herwaarden 1 LLC and all other related entities (collectively, "Weld County Garage"). SIGNED: II NAME/TITLE: e at Weld County Garage (,Vell.N tld r DATE EFFECTIVE: f January 16. 2015 NOTARIZATION: CINDY L. BERRYMAN NOTARY PUBUC STATE OF COLORADO lit 1IIY ID 20024022957 My CoO11Ii1I0fl Expires July 18,2018 OAC /CItt a l6) e Appendix A Address Ownership Name Parcels City 2699 47 AV FSY Partnership 095915420001 Greeley 2699 47 AV FSY Partnership 095915420002 Greeley 2722 50 AV FSY Partnership 095915413002 Greeley 2835 31 AV FSY Partnership 095924201033 Greeley NA FSY Partnership 096117327002 Greeley 2751 9 AV FSY Partnership 096117318013 Garden City 2805 8 AV FSY Partnership 096120201003 Evans 870 27 Stpl FSY Partnership 096120201001 Greeley 2563 28 ST Van Herwarrden 1 LLC 095913400008 Greeley '.WELD COUNTY ASSESSOR • CHRISTOPHER M WOODRUFF 2014 REAL PROPERTY NOTICE OF VALUATION 1400 N'17th AVE Prone (970)353-3845 Fax (970)304-6433 APPEAL FORM GREELEY, CO 80631 Office Hours: 8:00 a.m. - 5:00 p.m. M-F RETURN TO ASSESSOR appeals@weldgov.com www.weldgov.com DATE:May 1, 2014 SCHEDULE/ACCOUNT NUMBER TAX YEAR TAX AREA CODE PROPERTY DESCRIPTION(MAY NOT BE COMPLETE) R2440386 p 2014 0600 2563 28 ST GREELEY ow VAN HERWAARDEN 1 LLC GR 17567-A PT SE4 13 5 66 STEPHENS 1ST A Ph 2452 22ND AVE NNEXATION BEG SE COR N89D43'W 1772.40' N E•R GREELEY CO 80631-8153 O1D39'E 127.94' TO NLY R/W US#34 N01 D39 'E 40' TO TRUE BEG N88D20'W 435.61' NO1 D Y TYPE OF PROPERTY POP YEAH A000A1 VALUE !COVAN1 YEAH AMA' ' ,0k CHANCA COMMERCIAL 1, 138,760 1, 138,760 0 TOTALS 1, 138,760 1, 138,760 0 Using the above values, the estimated tax based on the prior year value was $25,369. The estimate of tax based on the current value is $25,369. This results in no change in tax. This estimate is based on 2013 tax rates. You will recieve a tax bill in 2015. The tax amount is merely an estimate based upon the best information available. You have the right to protest the adjustment in valuation, but not the estimate of taxes, 39-5-121(1.5), C.R.S. THIS Is NOT A BILL LAND SIZE 5.00 Acres # OF BUILDINGS ON FILE 1 BUILDING #1 CHARACTERISTICS DISPLAYED LAND NET SOFT: 217800 OCCUPANCY1:Complete Auto Dealership OCCUPANCY2: L OCCUPANCY3: cr YEAR BUILT: 1974 = CLASS: Masonry } TOTAL BLDG SQ FT: 16268 TOTAL COMMERCIAL SQ FOOTAGE: 16268 a'. UNIT SQ FT: cc TOTAL BUILDING COUNT: 1 a. PLEASE REFER TO THE BACK OF THIS FORM FOR INFORMATION ON HOW TO APPEAL YOUR PROPERTY VALUATION OR ITS CLASSIFICATION. IYR181C C14 0064498 0144785 0002 OF 0002 L REAL PROPERTY APPEAL FORM If you disagree with the"current year actual value"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: REAL PROPERTY QUESTIONNAIRE 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, 2012. If data is insufficient during this time period,the Assessor may also consider data from the 5-year period ending June 30, 2012. Statute prohibits the Assessor from using appraisal data after June 30, 2012. 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, 2012 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, 2012. 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 2011 through June 2012, please complete the market approach section above. To assist the Assessor in evaluating your appeal, and if your property was leased during January 2011 through June 2012, 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:$ AGENT ASSIGNMENT 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 Agent's Name(please print): Daytime Telephone#: Owner's Signature: Date: Please mail all correspondence regarding this protest to the above-named agent at the following address: OWNER/AGENT VERIFICATION I,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: (Found above your name on the other side of this form.) Signature: Date: Daytime Telephone#: Indicate the name,telephone number and email address for a person the Assessor may contact with questions. Name Telephone Email Your right to appeal your property value expires on June 1, 2014 If the date for filing any document falls upon a Saturday,Sunday,or legal holiday,it shall be deemed timely filed if postmarked or delivered on the next business day.39-1-120(3),C.R.S. L Iue` 04/14/2015 Attn: Chris Woodruff RE: 2013 and 2014 Abatement received 2/17/2015 R2440386 Owner: Van Herwaarden Complete Auto Dealership 2452 22nd Ave Greeley, CO 2013/2014 Assessors Value$1,138,760 or$70/sf SUBJECT: The subject property is Herbies Auto sales, a used car auto lot facility located at 2452 22nd Ave, Greeley. It was built in 1974 and as a 16,268 sf complete auto dealership, previously occupied by CO's Chrysler. The subject has been well maintained throughout the years and enjoys good visibility along Hwy 34. The property is leased by Herbies Auto Sales, however,the lease information has not been obtained. The property owner is represented by Duff& Phelps tax agency and is requesting a reduction in value for 2013/14 from $1,138,760 to $797,132. The petitioner has not provided any documentation or analysis to support a reduction in value. Market Approach: Sales of Auto Dealerships similar to the subject were analyzed. For the 2013/2014 value, market data revealed the best comparable sales ranged from $82 psf to $127 psf. Spradley Barr Ford —4901 W 20th St, Greeley. Sold 10/22/2010 for$127 psf Herbies (old site)—1602 2"d Ave, Greeley. Sold 11/08/2010 for$82 psf Iron Mountain Mazda (Bobcat) - 1015 Champion Dr, Windsor. Sold 05/11/2011 for$98 psf Champion Chevrolet—753 Champion Dr,Windsor. Sold 03/11/2011 for$50 psf(Auction sale) The sale of the old Herbies facility is considered to be the best due to its proximity to the subject and its similar use as a used car lot. $70 psf was determined to be appropriate. Cost Approach: Due to the age of the buildings this approach was considered but not developed. Income Approach: Interstate Ford in Dacono was under lease in 2012 for$18.54/sf nnn. Applying this lease rate to the subject,with 10%vacancy,8%expenses, and a 9%cap rate equates to a total value for the subject of $2,774,800. Reconciliation: With a primary emphasis on the Market Sales Comparison Approach, we recommend sustaining the Assessor's values for 2013 and 2014. • • 6444111 • tv1 t # t F S • ri • ---- . rifr • 130' 7n n Fist floor 16268.0 sf 2 IA 26' N m 74' SkaM by Ac.x Skach CLERK TO THE BOARD PHONE: (970) 336-7215, EXT. 5226 ) 352-0242 1 "'.,`a FAX 11500O STREET P.O. BOX 758 '4"a1 P.O. T� H ID= GREELEY. COLORADO 80632 _COUNTY vim � April 30, 2015 Van Herwaarden 1, LLC 2452 22nd Avenue Greeley, CO 80631-8153 RE: SCHEDULE NUMBER: R2440386 (2013 and 2014) Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petitions for abatement or refund of taxes on the property described as: 2563 28th Street, Greeley. The meeting is scheduled for June 1, 2015, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. The Assessor is recommending that the Board deny your petitions. You are not required to be present at this hearing; however, this is your opportunity to have your position heard, particularly if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 336-7215, Extension 5226. Sincerely, nn /' GlA IL.A��+ Rela A. Matine��z Deputy Clerk to the Board cc: Assessor Duff & Phelps, LLC Attn: Michael Van Donselaar 1200 17th St., Suite 990 Denver, CO 80202 CLERK TO THE BOARD PHONE: (970) 336-7215, Ext. 5226 \ 1861 / 4sze FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 l( �� anrialL, GREELEY, COLORADO 80632 le-;114)\ trilt COUNTY June 22, 2015 Van Herwaarden 1, LLC 2452 22nd Avenue Greeley, CO 80631-8153 RE: SCHEDULE NUMBER R2440386 (2013 and 2014) Dear Property Owner: On June 1, 2015, the Board of Weld County Commissioners considered your petition for abatement or refund of taxes and denied same. Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and instructions from: Board of Assessment Appeals, Department of Local Affairs, 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 In preparation for appealing to the State Board of Assessment Appeals you may also go to the following state link to obtain any further information you may need to proceed, http://www.dola.state.co.us/baa/index.htm Very truly yours, 1,40114 Rafaela A. Martinez Deputy Clerk to the Board cc: Assessor Duff& Phelps, LLC Attn: Michael Van Donselaar 1200 17th St, Suite 990 Denver, CO 80202 RM/eg U.S. Postal Service U.S. Postal Service CERTIFIED MAILTM RECEIPT ▪ CERTIFIED M A I Lr� RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) N (Domestic Mail Only;No Insurance Coverage Provided) Ii O P.r.eliveryinf.rm.ti•nvisit.urwe.sit twww.us.s.c•m,,. 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Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse M ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No b,, and Rkapai LLC, atm.- r!f li.hak-Q Van. lbw /LOO N. l?-kh ss. Z-Lti i- 9 9 0 112-rUL42h 9869,Og 869,O n 3. Service Type r o d gi Certified Mail® 0 Priority Mail Express'" 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION 1 0003 5709 0765 Fj S natur • Complete items 1,2,and 3.Also complete ❑Agent item 4 if Restricted Delivery is desired. f)O 0 0 Addressee urn Receipt • Print your name and address on the reverse o�4@h�v so that we can return the card to you. cei ed by nnted am C. Date Verne) • Attach this card to the back of the mailpiece, K 7 E I'IN life I.JIipc Dri `P or on the front if space permits. D. I delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: O No Van -''- I, Li.c a q5O2. aa'10- a e �,„o s r , Cp $O1031 - 8153 3. Service Type " � CO Certified Mail® 0 Priority Mail Express`" ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 2890 0003 5709 0758 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt a Hello