HomeMy WebLinkAbout20152564 WELD COUNTY, COLORADO
County Schedule Number: P2408703
ARBITRATION AWARD
THE PARTIES TO THIS ACTION entered into a Stipulation, which has been reviewed
and approved by this Arbitrator.
FINDINGS OF FACT AND CONCLUSIONS:
1. Subject property is described as follows:
County Schedule No: P2408703
Property Type: Personal Property
2. Taxpayer is protesting the 2015 actual value of the subject property.
3. The parties agreed that the 2015 actual value of the subject property should be reduced to
Total value: $642,920.00
4. The Arbitrator concurs with the Stipulation.
AWARD:
The 2015 actual value of the subject property shall be as set forth above. The records of
the Weld County Assessor shall be adjusted to reflect the 2015 actual value of the subject property.
The Arbitrator's fees for conducting this matter are $150.00 per hour. Said fees are to be
paid as follows: The property owner will pay the fee.
Each party shall pay their own witness fees, attorney's fees and miscellaneous costs.
DATED THIS * v r1- day of 5::.p ,20/57
ARBITRATOR �/ (9.<<r ' r f 4L-
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Esther Gesick
From: Isha Anes <ianes@atechltd.com>
Sent: Thursday, September 03, 2015 2:49 PM
To: Esther Gesick
Cc: Sean McElroy; Vicki Hanks
Subject: 2015 Arbitration Petition (Safeway) Weld County
Attachments: P0004634 Weld.pdf; P1809301 Weld.pdf; P2027402 Weld.pdf; P2408703 Weld.pdf;
P2722504 Weld.pdf
Ms. Gesick,
Please consider this email/attached PDFs our formal notice of intent to pursue Binding Arbitration for
account/schedule numbers:
• P0004634
• P1809301
• P2027402
• P2408703
P2722504
If you have any further questions, please contact Alison Hunt at 210-222-1221 or ahunt@atechltd.com.
Will you please reply to let me know you have received?
Thank you,
Isha Anes
Assessment Technologies
121 Interpark Blvd., Suite 308
San Antonio, TX 78216
ianes@atechltd.com
Office: 210-403-4647
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Rafaela Martinez
From: W. West Foster<west@fosterval.com>
Sent: Tuesday, November 17, 2015 4:15 PM
To: Rafaela Martinez
Subject: RE: Arbitration
Thank you for following up. I did receive it.
From: Rafaela Martinez [mailto:ramartinez@co.weld.co.us]
Sent: Tuesday, November 17, 2015 4:14 PM
To: W. West Foster
Subject: Arbitration
Good Afternoon Mr. Foster,
After speaking with Esther Gesick, she instructed me to follow up with you to ensure that you have received
your check in the amount of$150.00, sent via certified mail on October 21, 2015.
We realize that the mail can be terribly slow, so a reply confirmation that it was received will suffice in place of
that pesky green card.
Please let me know!
Thank you and have a wonderful rest of your week!
Rafaela A. Martinez
1
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Assessment Technologies Ltd _s iy!
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ASSESSMENT TECHNOLOGIES,
121 INTERPARK BLVD STE 308
SAN ANTONIO TX 78216 3. Service Type
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SAFEWAY INC
C/O CPTS NO. 1045
1371 OAKLAND BLVD STE 200
WALNUT CREEK CA 94596-8408 3. Service Type
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(Transfer from service label)
PS Form 3811,July 2013 Domestic Return Receipt
,44
� CLERK TO THE BOARD
�„ � � 1861 / ,te PHONE ( 970 ) 336-7215 , EXT 4226
FAX (970 ) 352 - 0242
volX
lr WEBSITE : www . co . weld . co . us
1150 O STREET
V _� 1241
J P . O . BOX 758
GREEL EYCO80632
couNT1 ('
August 6 , 2015
SAFEWAY INC
0/0 CPTS NO . 1045
1371 OAKLAND BLVD STE 200
WALNUT CREEK , CA 94596-8408
RE : THE BOARD OF EQUALIZATION 2015 , WELD COUNTY , COLORADO
ADMINISTRATIVE DENIAL OF PETITIONER ' S APPEAL AND AFFIRMATION OF
ASSESSOR ' S VALUE
ACCOUNT NO . : P2408703
Dear Petitioner :
On July 31 , 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
$ 803 , 650 . 00 $ 803 , 650 . 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 .
"0/3/457-0756
ASezel
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) ( 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: 303-866-5880
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.
If you have questions concerning the above information , please call me at ( 970 ) 336-7215 ,
Ext . 4226 .
Very truly yours ,
thrift& • I ok
Esther E . Gesick , Clerk to the Board
Weld County Board of County Commissioners
Cc : Christopher Woodruff, Weld County Assessor
Esther Gesick
From: Isha Anes [ianes@atechltd.com]
Sent: Friday, July 31, 2015 9:06 AM
To: Esther Gesick
Subject: FW: Weld County Notice of Hearing
Attachments: BOE Notice of Hearing - Safeway 5 Accounts.pdf
���o g7o3
From: Isha Anes
Sent: Friday, July 31, 2015 9:42 AM
To: 'Sean McElroy'
Subject: RE: Weld County Notice of Hearing
Mr. McElroy,
We would like to request Administrative Denial for the Safeway hearing scheduled for Monday, August 3`d
Is there a certain form I need to fill out?
Thank you,
Isha Anes
Assessment Technologies
121 Interpark Blvd., Suite 308
San Antonio, TX 78216
ianes@atechltd.com
Office: 210-403-4647
Fax: 210-222-9519
Cc : 4S2 7A1
1 ao(5- 25(04
ASOcq
From: Sean McElroy [mailto:smcelroy@co.weld.co.us]
Sent: Thursday, July 30, 2015 11:30 AM
To: Safeway@atechltd.com
Subject: Weld County Notice of Hearing
Hi,
Attached is the notice of hearing that you requested..
Thanks,
Sean McElroy
Weld County Assessor's Office
Natural Resources & Commercial Personal Property
Phone: 970 353-3845 or 720 652-4255 ext. 3693
Fax: 970 304-6433
smcelroy@weldgov.com
•gip ."
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
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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.
This electronic message transmission, including any attachments, contains information from Assessment
Technologies LTD which may be confidential or privileged. The information is intended to be for the use of the
individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying,
2
CLERK TO THE BOARD
�� 1861 / PHONE (970) 336-7215, EXT 4226
FAX (970) 352-0242
1.1 ,E WEBSITE: www.co.weld.co.us
1150 O STREET
J� P.O. BOX 758
V r J GREELEY CO 80632
. COUNTY
July 30, 2015
SAFEWAY INC
C/O OPTS NO. 1045
1371 OAKLAND BLVD STE 200
WALNUT CREEK, CA 94596-8408
Account No.: P2408703, P1809301, P2027402, P2722504, P0004634
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 03, 2015, at or about the hour of
1:30 PM, 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, 2015, and mailed to you on or before August 12, 2015.
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
0 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.
o?W/5- .2540/
AS0091
SAFEWAY INC - P2408703, P1809301, P2027402, P2722504, P0004634
Page 2
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
AS0091
NOTICE OF DETERMINATION
Christopher M. Woodruff Date of Notice: 07/10/2015
Weld County Assessor Telephone: (970) 353-3845
1400 N 17t" Ave Fax: (970) 304-6433
Greeley, CO 80631 Office Hours: 8:00AM-5:00PM
ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/PHYSICAL LOCATION
P2408703 2015 0882 FTL 2FLCC LOT1 BLK1 FORT LUPTON COMMUNIT
Y CENTER FG#2
W SAFEWAY INC
C/O CPTS NO.1045 1300 DEXTER ST
0 1371 OAKLAND BLVD STE 200 FORT LUPTON,CO
¢ WALNUT CREEK,CA 94596-8408
0 SAFEWAY INC No.1045
cc
a
ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER
REVIEW REVIEW
PERSONAL PROPERTY 803,650 803,650
TOTAL $803,650 $803,650
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:
PP01 - Your personal property has been valued in accordance with Colorado law. Other personal
property, similar in nature, has been consistently valued using the same statutory methods.
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 personal property appeals is July 20.
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):
15-DPT-AR
PR 207-08/13
P2408703 8783100
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 29 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 20 for personal 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 District Court
1313 Sherman 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.dola.colorado.gov/baa telephone number.
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, § 39-1-120(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 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.
15-DPT-AR
PR 207-08/13
P2408703 8783100
AASSESSMENT
technologies
121 interpark blvd.,ste.308
san antonio,texas 78216
p\210.222.1221 f\210.222.9519
atechltd.com
July 17, 2015 RECEIVED
JUL 272015
Weld County Assessor
1400 N 17th Ave WELD COUNTY
Greeley, CO 80631 COMMISSIONERS
Dear County Assessor,
Assessment Technologies did not receive copies of the 2015 Notices of Determination in
response to the Safeway appeals submitted on June 30, 2015. Although I do not have a copy of the
original Notice of Determination to send you, please accept the attached petitions to the County Board
of Equalization. The schedule/account number will be listed on each appeal. I appreciate your
consideration in this matter.
04c, ')....--L___ _
James Hausman
Assessment Technologies
SAFEWAY@ATECHLTD.COM
210-222-1221
cc : /s 7/.2.7 &coo - oa3y
Weld CO Acct P2722504
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P..., attach additional.'q3 ��. „y�.,
�." ...e. 1' 4 _� � :ZiJ < W..,.. th .....�..,x.�3. sheets a as
necessary-and any:sup:pcittind oorriparoioie sVsizi,. rent roil, ,: ..£ cost, .'F;,F2 e a}SN, etc.)
Property not assessed at fair market value - including
adjustments for obsolescence.
7/17/15
y E E "tM',J 'x"7 f_.,
The Count? Board of EquediZ..`son o erN.,.'. Mali a written c .a': s oc to you within five e a s`., ye to owing the date of the
decision, hs C un.et Bard must. onicc4,1de hearings end render decisions by August 5. 39-3-107(2), C%Ft,S. if you do not
4.e_as a from the Ciourity Beard of Equarizetion, .h and you wish to continue your appeal.,you must file an'v.'py ad with
the Bar.,<..'• Appeais :sy Srepts.rnhsr ",u0 : .25/3 tzar,,•
> z _? :.z. e s_�a�� x3
_._ ._.�..Via.:
. . s ... rZ;^1�,?�'.•a.. .,....r r...ce.r d of Equalization's decision and you con-Untie v _ur ap eai; you wish�.;� SS
.7 '. A Board i«> g„',F 3,„. •.`5;F�..'written des sion to O`a\lE of the following:
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For iist of ...,r,it , . a£"' Commissioners at the address provided.d d cc the front aide of this
County Board of t` Cgur zatioc.
« ....,'„ `v a.. �..�•:.' "'.. -, . ...__t "a.,:t .:�,? MAY s t3,, rO PROVE-THAT 5.E tYvTIMELY
sf r'�e h a [- a _nq '�,° s,,., i. , �" p��; document f � r ,k t,.�.. a,e.,.. .r. .;fia. y } ., .. .. ,.. s,` �.>il�,... .rt.�:.5 .�}�J ._.c_,'�wr"�.ti
Sunday, ew lo g-,31 hartidey,. ,F ,.a,. ; „, -.to i. s a y :re 0(3) .". .r
� , .. a rc�,s.«n .,..,s,�:, ... .. ,. tFs.,�oa on .. ..��1,:.,r 4..��i��se-1 �.�..;da.,f, \, s,
.,e ilhoiersigned . ;a::'`,^r identified ebcce, affirm that rhe sfal'err-Ne contained hs,rairi and .g; dry
attachments hereto am
210-222-1221 7/17/15
t•atty
SAFEWAY@ATECHLTD.COM
'Attach,,! !otter th.,., :on g ...t 2015-2564
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•
SAFEWAYINc.
• nmoral MAIL ROAO
s+
January 24,2014
R8s Appointment of Agent
Safeway,Inc.
To Whom It May Concern:
Please be advised that the firm of Assessment Technologies,Ltd., ("ATLTD") has been
retained and granted power of attorney to represent the interests of the entity Safeway,
Inc.with respect to all property tax issues and all matters with your office.
Communications related to the appeal process should be mailed to:
• Assessment Technologies, Ltd.
121 lnterpark,Sidle.108
San Antonio,TX 78216
Attn:Safeway, Inc Account Manager
Thank you for your assistance in this matter. If you should have any questions or concerns
please contact Heather Chambless,Account Manager at (210) 222.1221 or by email at
hchamblessgatechltd.cont,
Sincerely,
hnnn Matsuzaki
Asst.Tax Manager
S.ilewav, Inc.
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