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HomeMy WebLinkAbout20143340 RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - JOHNSON INVESTMENTS, INC. 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 27th day of October, 2014, at which meeting there were present the following members: Commissioners Sean P. Conway, Mike Freeman, William F. Garcia, and Barbara Kirkmeyer, and with Chair Douglas Rademacher 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, Johnson Investments, Inc, not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petition, 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 petition be and hereby is, approved, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $493,000.00 $10,987.54 2013 2014-3340 AS0087 cc , MS}, L."lag TAX ABATEMENT PETITION -JOHNSON INVESTMENTS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of October, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C�//C� CL G �y }, La R EXCUSED gyp; • t ouglas Rademacher, air Weld County Clerk to the . ar. R •�^� r t rbara Kirkmeyer, P o-Tem BY. . 1_. 1 � 1 ':� G, _ i� �31� y Clerk t erk to he Boar (I� '� Sean P. Conway AF 77/E RM: (11141-14 — Mike Fre ou ttorney �� aliarrt'F. Garth Date of signature: it 2014-3340 AS0087 PETITION FOR ABATEMENT OR REFUND OF TAXES (e(a-14e County:WELD Date Received (Use Assessor's or Commissioners'Date Stamp) Section I: Petitioner, please complete Section I only. •' RECEIVED Date: 8 4 2014 Month Day Year AUG 0 s 2014 Petitioner's Name: JOHNSON INVESTMENTS, INC. Petitioner's Mailing Address: C/O 1st Net Real Estate Servicesm, Inc.,3333 S.Wadsworth B15�. y. OOO LAKEWOOD COLORADO 80227 City or Town State Zip Code I ' SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY �1/„ R4347806 1215 MAIN ST. `FFFF'"S C.� 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.) Based on the 2014 stipulation of value,we are requesting the 2013 tax year value be$1,700,000. (See Ached" EC E I V E D / SEP242014 Petitioner's estimate of value: $1,700,000 20( 13 ) WELD COUNTYCOMMISSIONERS 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. Daytime Phone Number JSee )Attached Authorization P: tion r's Signature By / / Daytime Phone Number f 720 )962-5750 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).t.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 2\ci3 RECEIVED q Actual Assessed Tax Original 5'A /,3/y 't't so t2 81141 NOV 2 2014 Corrected#r 7001040 4,193 r 000 4/�r�l 17 Abate/Refun 30,5n 115, S/O � 0 B7, COMMISSIIONERS 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)(I)(D),C.R.S. Tax year: Protest? ❑No 0 Yes (If a protest was filed,please attach a copy of the NOD.) 2014-3340 ❑Assessor recommends denial for the following reason(s): �i�'n ✓VW sor r De uty esso s sign e 15-DPT-AR Na 920-66/11 //gA. 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(17),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 abatementlrefund 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 Colo o,at a duly and lawfully called regular meeting held on / / ,at which meeting there were sent the following members: Month Day Year • with notice of such meeting and an opportunity to be present havin een given to the Petitioner and the Assessor • • of said County and Assessor (being present—not present)and Name • Petitioner (be- g present--not present),and WHEREAS,the said Name County Commissioners have carefully considered t within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED that the Board(agree does not agree)with the recommendation of the Assessor, and that the petition be(approved—approv in part--denied)with an abatement/refund as follows: Year Assessed Value Ta Abate/Refund Chairperson of the Board of County Commissioners'Signature I, County Clerk and Ex-Officio Clerk of the Board of County Commissioners in and for the aforem ioned county,do hereby certify that the above and foregoing order is truly copied from the record of the proc dings of the Board of County Commissioners. IN WITNESS EREOF,I have hereunto set my hand and affixed the seal of said County this day of Month Year n `// 4.. /1,/'f in ee County Clerk's Deputy_l County Clerk's Signature ate: 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$10,000) he action of the =•-rd of County Commissioners,relative to this petition,is hereby •••�rmT?�! -.proved in part$ nied for e (lowing reason(s): it Secretary's Sig'ature pery Tax Administrator's Sign. rj ate 15-D T-A 0.920-66/11 X861 y CLERK TO THE BOARD PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us \\ 1150 O STREET ��••r 1 P.O. BOX 758 COUNTY GREELEY CO 80632 July 31, 2014 JOHNSON INVESTMENTS INC 126 W HARVARD ST STE 2 FORT COLLINS, CO 80525-5222 RE: THE BOARD OF EQUALIZATION 2014, WELD COUNTY COLORADO APPROVAL OF STIPULATION BETWEEN PETITIONER AND ASSESSOR ACCOUNT NO.: R4347806 Dear Petitioner: On July 29, 2014, 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 to approve and adopt a valuation of your property arrived at by a Stipulation between you and the Weld County Assessor, for the year 2014. The Board of Equalization found that the evidence presented at the hearing supported the stipulated value placed upon the above-described property as set forth below. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated by law. ACTUAL VALUE AS STIPULATED VALUE DETERMINED BY ASSESSOR APPROVED BY BOARD $2,098,319.00 $1,700,000.00 The above 'Stipulated Value' is the value which will be used in the calculation of your property taxes for 2014. This value is not appealable. If you have questions concerning the above information, please call me at (970) 336-7215, Ext. 4226. Very truly yours, Estheairtfey r E. Gesick, Clerk to the Board Weld County Board of County Commissioners Cc: Christopher Woodruff, Weld County Assessor 1ST NET REAL ESTATE SERVICES INC 3333 S WADSWORTH BLVD SUITE 200 LAKEWOOD, CO 80227 2014-2368 AS0088 COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R4347806 STIPULATION (As To Tax Year_2014_Actual Value) RE PETITION OF : Johnson Investments Inc NAME: Windsor Town Center II ADDRESS: 1215 Main Street Windsor, CO Petitioner(s)and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2014 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner(s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: WIN WTCII2 L4 WINDSOR TOWN CENTER II 2ND FG& Ll WINDSOR TOWN CENTER II 4TH FG 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 2014: Total $2,098,319.00 4. After further review and negotiation, Petitioner(s) and Weld County Assessor agree to the following tax year 2014 actual value for the subject property: Total $1,700,000.00 5. The valuation, as established above, shall be binding only with respect to tax year 2014. 6. Brief narrative as to why the reduction was made: Analysis of the subject's actual income and expenses for 2011 and 2012. 7. Both parties agree that: ❑The hearing scheduled before the Board of Equalization on (Date)at (Time) be vacated. ®A hearing has not yet been scheduled before the Board of Equalization. R4347806 1 ATED this 17 day of July, 2014. 4Q-(s) S �. P i ioner or Agent or AA44ttorney (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: Address: i_pFrft.a rs/At/ S Z e 1150 "O" Street 3 S, bladsa cejL . Gid 'Avid P.O. Box 758 cianfd (➢n P6:2.2_7 Greeley, CO 80632 Telephone: -726-16:2-.5 75n e e o .(970) 336-7235 � 4o�1�(/P/J County Ass ssor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 Docket Number Stip-1.Frm R4347806 2 ./din 1111 .41f111n lilt 1111111'111 iii I1 I 1St Net Real Estate Services, Inc., 3333 S. Wadsworth Blvd. Ste 200 iunt uiu - Emil mat Lakewood, CO 80227, Phone: 720-962-5750 -Fax: 720-962-5760 LETTER OF AUTHORITY To Whom It May Concern: T w . 4..- ---.... , am the owner, and/or agent of the owner,of the following real and/or business personal property: /C. ADDRESS PARCEL/SCHEDULE NUMBER COUNTY SEE EXHIBIT A, ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE I do hereby authorize 1st Net Real Estate Services, Inc.to represent my interests and to appear on my behalf before County Assessor, County Board of Equalization, Board of County Commissioners, the Colorado Board of Assessment Appeals, binding arbitration, District Court, all Colorado state courts, and/or any other agency or entity with regard to any and all matter(s) concerning the valuation and taxation of the above mentioned property(s) for tax years 2012,2013 and 2014. The undersigned requests that copies of all decisions from any of the above entities, or any other agency or entity, as is involved pertaining to matters of valuation and/or taxation for the above-mentioned property(s),be mailed to: 1st Net Real Estate Services,Inc. 3333 S.Wadsworth Blvd.Suite 200 Lakewood, CO 80227 Phone: (720) 962-5750 Fax: (720) 962-5760 I hereby expressly revoke any and all previous authorizations relating to the Property(s).This authorization shall remain in effect until this authorization is`�terminated in a written instrument executed by the undersigned. Dated this 4v day oC�y_eV 20/ VOwner: JOHNSON INVESTMENTS, INC./LEWIS MELVIN JOHNSON 9- Print Name:Cy ci `. ,Te ti'At-O id Title: /121-,., t ,O 6%FJ<,1_,-. .. Address: 126 W. Harvard St. Suite #2 City,State, Zip: Fort Collins CO 80525 Phone#: 970-206-9090 Fax#: l STATE OF COLORADO ) ) SS COUNTY OF J£FA/15ati1 ) C,�C, ��`tn [/ €R61!& Sworn to and subscribed before me this (Aid day of £t ,20/1 by �,ayZ%ni �pd90!os • Witness my hand and official seal. / > O�� My Commission expires e ° `aO,,00 a �o P Notary Public �� o f. Nj, r'ii2' °°J Address ? ? 7 aL /GAC/ /-3Z ;react( ,ti�7,-;C.',.,.. ce I"•;, ae�cal �m d�Q 2Z / �.: . � - "EXHIBIT A" 1410 10th St. . Schedule#R1589604 Larimer County 116 W. Harvard St. Schedule#R0134236 Larimer County 126 W. Harvard St. Schedule#R0134244 Larimer County 134 W. Harvard St. Schedule#R0134252 Larimer County 225 Johnson Dr. Schedule#R0102458 Larimer County 1112 Oalcridge Dr. Schedule#R1581031 Larimer County 1005 W. Stuart St. . Schedule#R0677183 Larimer County 1635-1653 S. College Ave. Schedule#R1652170 Larimer County 1704-1735 S. College Ave. Schedule#R1652169 Larimer County 1215 Main St. Schedule#R4347806 Weld County 1293 Main St. Schedule#R7102398 Weld County 1295 Main St. Schedule#R7102498 Weld County 1842 S.Parker Rd. Schedule#1973-22-3-10-001 Arapahoe County CLERK TO THE BOARD 1861 PHONE: (970) 336-7215, EXT. 5226 FAX: (970) 352-0242 1150 O STREET Ix r. i P.O. BOX 758 �\ GREELEY, COLORADO 80632 E� UCOUNTY r September 24, 2014 Johnson Investments, Inc. do 1st Net Real Estate Services, Inc 3333 S. Wadsworth Boulevard, Suite 200 Lakewood, CO 80227 RE: SCHEDULE NUMBER #R4347806 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 1215 Main Street. The meeting is scheduled for October 27, 2014, 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 approve your petition. 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, Ra aela A. Martinez Deputy Clerk to the Board cc: Assessor 1st Net Real Estate Services, Inc. Hello