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Home My WebLink About20140484.tiff RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - WINDSOR RENEWAL, 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 19th day of February, 2014, at which meeting there were present the following members: Chair Douglas Rademacher, and Commissioners Sean P. Conway, Mike Freeman, William F. Garcia, and Barbara Kirkmeyer, 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, Windsor Renewal, LLC, 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 $ 583,430.00 $ 25,691.45 2013 CC.. -Ns ,c\ppI. 3.n +4.1 2014-0484 AS0087 TAX ABATEMENT PETITION -WINDSOR RENEWAL, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of February, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W. irc , ; G \C- Q na &'ice' tC Do gl c RademAcher, CChair Weld County Clerk to the Board c IlL, /� n , /� /� arbara Kirkmeyer, ro-Tem BY: 1�Q�c1 S�V•CXLt 1.R.P - D up ty Clerk to the Board, �� T Sean P. Conway ED AS F M: YYt n.e Mike Free a County Attorney William . Garcia , /;11 Date of signature: ,-9-01(2'14 2014-0484 AS0087 PETITION FOR ABATEMENT OR REFUND OF TAXES /�'Y v iz County:Weld Date Received a0/ / ' O (USe Assessors or Corn Strol l Section I: Petitioner, please complete Section I only b tit Date: bs Date December 9,2013 1014 MAR -4 AM 10: 1 5 IAf.1 r' ^ % Month Day Year - Petitioner's Name: Windsor Renewal LLC VVE Ct) 1'.Y'- '. C%d:i? C/O Duff& Phelps 1200 17th Street,#990 - Petitioner's Mailing Address: P ` Denver CO 80202 City or Town State Zip Code 01, L SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY R6783083, R6783084 9952 Eastman Park Dr. V' 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.) These parcels were acquired in January 2012 with two others(R6783081 and R6783082)for a total of$2,500,000. The other two parcels were appealed to the assessor and BOE and are now pending before the BAA. The aggregate 2013 assigned value for all four parcels is$4,044,905. Allocating the$2,500,000 sale price yields $1,639,000 and $259,000 for the two parcels that are part of this petition. Petitioner's estimate of value: $1,898,000 (2013 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 j Petitioner's Signature -- By ✓h' Vag.. / 0a-i Daytime Phone Number(303 ) 749-9034 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 pal,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 -1o/3 Actual Assessed) /Tax Original Y( 7-2 7i) AX/� �z '7'/, 9/74.3G. Corrected 4 2 [//' I2� D J g7 7 3g */C /7/ - Corrected 9 Abate/Refund / •• '9L'/ 1.(/' '`2 `�L'/ 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 ❑Yes (If a protest was filed,please attach a copy of the NOD.) 2014-0484 ❑Assessor recommends denial for the following reason(s): 1 Assessors o eputy Assessor ' nature P -►/�-/ 15-DPT-AR No.920-66/11 • I - 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: l/p��pJhs.•m of rAw Tax Year ¶ :• 111 Actual Assessed Tax r�,11 9.IA l4 Original r Corrected WED C{ 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. I Petitioner's Signature Date Assessors 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.}t a duly and lawfully called regular meeting held on / / , at which meeting there were presegktfie following members: Month Day Year // with notice of such meeting and an opportunity to be present having beep- iven to the Petitioner and the Assessor of said County and Assessor (being present--not present)and Name Petitioner (being p6sent--not present), and WHEREAS, the said Name J County Commissioners have carefully considered the wiHSln petition, and are fully advised in relation thereto. NOW BE IT RESOLVED that the Board(agrees--d s not agree)with the recommendation of the Assessor, and that the petition be(approved--approved�ii art--denied)with an abatement/refund��t / /as follows: Year Assessed Value Taxes te/Refund \-r�� / (` /j/(� '�r y yt,nn± . 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 aforementi ed county,do hereby certify that the above and foregoing order is truly copied from the record of the proceedi s of the Board of County Commissioners. IN WITNESS W REOF, 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 No 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$10,000) action of B=oard of County Commissioners, relative to this petition, is hereby 1 ■ - ved ❑Approved in part$ ❑ De • d for the1following reason(s): If :47 Secretarys signature Pro Administrat r s ignatur te 15-DPT-A No.+20-66/11 • 01/28/2014 Attn: Chris Woodruff RE: 2013 Abatement received 01/20/14 R6783083 and R6783084 Windsor Renewal 1 LLC 252 Clayton Street 4th Floor Denver, CO 2013 Assessors Value$3,072,735 SUBJECT: The subject properties are 2 parcels owned by Windsor Renewal, located in the Great Western Industrial Development in Windsor. One of the parcels consists of 177 acres, and one is 28 acres. In December of 2012,the petitioner purchased 315 acres which were then subdivided into 4 smaller parcels. The purchase of the 315 acre parcel equated to$7,302 per acre. The petitioner has subsequently agreed with the value placed on the smaller 28 acre parcel (R6783083) but has requested a reduction to$7,000 /acre on the 177 acre parcel. The 3 comparables found of similar acreage are as follows: 1. 095905000075 88 ac 08/25/2011 $50,895/ac Comm. Lot in Greeley for Banner Health 2. 096331400009 158 ac 10/24/2011 $6,326/ac 3 AG lots purchased together 3. 080726200018 315 12/21/2011 $7,302/ac Subject prior to split After reviewing these sales of similar size parcels (including the 315 acre parcel of the subject prior to its split), we have agreed with the petitioner to adjust the value of the 177 acre parcel to$9,000/acre for 2013. Summary: This results in a recommendation to reduce the total value of the 2 accounts on this petition from $3,072,735 to$2,011,821. Windsor Renewal 2013 Abatement Acct Orig Value New Value Orig Assd Value New Assd Value Orig Tax New Tax R6783083 $420,450 $420,450 $121,930 $121,930 $10,181.89 $10,818.89 R6783084 $2,652,285 $1,591,371 $769,160 $461,500 $64,229.47 $38,538.02 Appointment of Agency for Property Tax Matters Duff & Phelps LLC is authorized to represent Broe Real Estate Services, Inc. operating as the entities listed on the attached Exhibit A with regard to property tax matters in Colorado, California, Nebraska, Texas and Illinois. 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 owned, possessed, or controlled as shown on Exhibit A. This agent Is delegated full authority to handle all real and personal 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 2007-2013 or until revoked in writing by Broe Real Estate Services Inc. or Duff& Phelps LLC.All correspondence should be directed to the following: ,„ pi:7-7 ,;' v- ..1r NAME: Michael Van Donselaar JAN 2 0 2illit Duff& Phelps LLC ADDRESS: 1200 17't' Street. Suite 990 WE49 CCtWT" i''rn'`FoE Denver, Colorado 80202 303-749-9034 Broe Real Estate Services Inc, ("BRE ) is an authorized agent of these Companies. It has signed this Appointment of Agency i ' s c p ity as an authorized agent. SIGNED: NAME/TITLE: Robert Jacobs, President Broe Rea] Estate Services (Ownedof icertParinerNanager/M mbar) DATE EFFECTIVE: ' -'/ 3/ ( 2 O l -2- NOTARIZATION: 6R E v c N4`...-,.._...... •. c,.k.)-,..: Si k ---e»� `-, ►-v_ 'w� 4 ^31 if t .._....gat-- v ,,. �` n '•••.• ..P.••'• EXHIBIT A Property Address County Entity Authorizing Duff&Phelps LLC. 1700 Broadway(Real and Personal Property) 1700 Broadway Denver 1700 Broadway Investments LLC Garage Adjacent to Wells Fargo Tower 1750 Lincoln St Denver 1700 Broadway Investments LLC I Trinity Place 1801 Broadway Denver . . BRE Acquisitions 7 LLC 252 Clayton(Office& Parking Garage) 252 Clayton Denver 252 Clayton Associates LLC 50 Steele(Office&Parking Garage) 50 Steele Denver Steel Street Holding,LLC Harvard Park West(imp Only) 850 E Harvard Ave Denver 850 East Harvard Avenue LLC Harvard Park West(Land Only) 850 E Harvard Ave Denver Porter Adventist Healthcare 1805-1835 Arapahoe (Section 236 Housing) 1805-1835 Arapahoe. Denver Skypark Partners LTD 1805-1835 Arapahoe(Retell) 1805.1835 Arapahoe Denver Skypark Partners LTD, Country Club Towers& Gardens 1001 E Bayaud Ave Denver Ogden Associates LTD Country Club Towers& Gardens 12 S Ogden Denver Country Club Gardens Investments,LP Country Club Towers& Gardens 14 S Ogden Denver Country Club Gardens Investments,LP Country Club Towers& Gardens 15 S Downing St Denver Country Club Gardens Investments,LP Country Club Gardens Misc Imp. 15 S Downing St Denver Country Club Gardens investments,LP Country Club Gardens Mlsc Imp, 99 S Downing St Denver Country Club Gardens Investments,LP Panorama Point 9200 E Mineral Ave Arapahoe ME Acquisition 8,LLC Fort Collins Distribution Facility 3620 Welcker Drive Larlmer Great Western land Acquisition 1,LLC 31815 Great Western Hexcel Building Pkwy Weld Great western BTS 1,LLC Former Kodak Property in 5952 Eastman Park Dr. ; Great Western Industrial and all other Windsor Park Renewal Properties Weld I Windsor Renewal I EEC Great Western Industrial Park Land Parcels owned by owner at right Vacant Land Weld . Brae Land Acquisitions 10 LLC Great Western Industrial ; Park Land Parcels owned by ; `f own Lt right Vacant Land Weld Brae Land Acquisitions 11 LLC . Great Western Industrial '_ Park Land Parcels owned by owner at right Vacant Land Weld Brae Land Acquisitions 15 LLC i• ,' South Central Praperties.Vt..• 7720 S. Broadway Weld Ins its Properties ' Pineland Medical Office 1 Building 5735 Pineland Dr. Dallas,TX Pineland MOB,LLC 105 S.9`"St. Terminal Building Parking Garage Lancaster,NE .. ._.. . Roosevelt Holdings Inc 941 O Street Terminal Building Building and Parking Lot ' Lancaster,NE • Roosevelt Holdings Inc. San Francisco, Gallo Building 250 Brannon Street CA Brannan Funding Corp, 2 Transam Plaza®viva, York • Two Trans Am Oakbrook Terrace Township,IL TTAP,LLC South Central Properties VI insita Properties 7720 S.Broadway Arapahoe . i CLERK TO THE BOARD 18 6 I - 2 0 I 1 PHONE: (970) 336-7215, EXT. 4225 FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 .�- GREELEY, COLORADO 80632 WELD COUNTY I January 30, 2014 Michael Van Donselaar Windsor Renewal LLC C/O Duff& Phelps 1200 17th Street# 990 Denver, CO 80202 RE: SCHEDULE NUMBER R6783083 and R6783084 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: 9952 Eastman Park Drive. The meeting is scheduled for February 19, 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, especially 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 4225. Sincerely, Ca-6 at 12,0k_..) Rafaela A. Martinez Deputy Clerk to the Board cc: Assessor Christopher Woodruff ' 17 ' 20(q Hello