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Home My WebLink About20102063.tiff • PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Only 1313 Sherman Street, Room 315 Phone: (303)866-5880 0erwer, Cz¢dr-pq6 80203 Fax: (303)866-4485 Docket No. -- - Fee: Y N z-l' I) —2 A l: 30 Check/Credit Card# Date: August 30, 2010 P F H Property Owner: Cactu's'lnvesYments LLP C/o Marvin F. Poer and Company Subject Property: 4093 Specialty PI., Weld Street Address City Schedule Number(s): R6880497 Attach separate sheet if necessary Board of Equalization Appeals the decision of the Weld ❑Board of Commissioners Dated: 08/02/2010 County ❑State Property Tax Administrator This Appeal concerns: 0Valuation ❑Refund/Abatement O Exemption ❑State Assessed Tax Year: 2010 The subject property is currently classified as: ❑Agricultural ❑Commercial ❑Exempt 0Industrial ❑Mixed Use ❑Natural Resources ❑Oil & Gas 13Personal ❑Possessory ❑Producing ❑Residential OState Assessed ❑Vacant Land Interest Mines Actual Value assigned to subject property: $3,385,114 Petitioner's estimate of value: $3,053,325 Estimated time for Petitioner to present the appeal: 60 minutes or 1 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: ❑Petitioner will be present at the hearing OPetitioner will appear by telephone 0 Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880 0 Petitioner will be represented by an attorney on the scheduled date and time of hearing(Mountain Time Zone) 0 Petitioner would like to appear by video conference Petitioner must contact the Board at 303-866-5880 at least 20 days in advance of the scheduled hearing to confirm availability of video conference equipment If the property owner is an entity,it must appear under the representation of an attorney licensed in Colorado except as follows. A closely held entity may be represented by an officer of the entity as long as the amount in controversy does not exceed$10,000,exclusive of costs,interest or statutory penalties. A closely held entity can have no more than three owners. See Section 13-1-127,C.R.S. A closely held entity that will be represented by an officer of the entity must provide a letter to the Board with this petition stating that it has no more than three owners and that the tax amount at issue does not exceed$10,000.A trust need not be represented by an attorney as it is not considered to be an entity. Filing Fee: None Petitioner is appearing pro se (self-represented)and has not filed more than two Petitions with the Board of Assessment Appeals during this fiscal year(July 1 —June 30). ❑ $ 33.75 Petitioner is appearing pro se (self-represented)and has filed more than two Petitions with the Board of Assessment Appeals during this fiscal year (July 1 —June 30). 0 $101.25 Petitioner will be represented by an agent or by an attorney. In the space below, please explain why you disagree with the value assigned to the subject property Property overvalued by the Market Approach and Income Approach 2010-2063 _ d to 0 4S c>G `)N q- 7- / Required attachments to this form: 0 Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial 0 Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: 0 A notarized Letter of Authorization if an agent will be representing Petitioner 0 A list of names, last known addresses and telephone numbers of co-owners or parties directly interested in the subject property if applicable. Certificate of Service I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, faxed or hand delivered to: 0 Board of Equalization Weld ❑Board of Commissioners county O State Property Tax Administrator at the following address: P.O. Box 758 Greeley, CO 80632 on 00) Date I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed faxed or hand delivered to all co-owners or parties directly interested in the subject property G on ± 1 0 Date I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed or han _delivered to e Board of Assessment Appeals at 1313 Sherman Street, Room 315, Denver, CO 80203 on 1� ( Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) Petitioner's Mailing Address is Required Even if Petitioner is Represented 1w An Agent or Attorney (per C.R.S. 39-8-1091 Signature of Agent O or Attorney ® Signa urSigna ur of ner Ronald Loser Joe Monzon Printed Name Printed Name 1099 18th Street Suite 2600 6111 Jackson Road Mailing Address Mailing Address Denver, CO 80202 Ann Arbor, MI 48103 City, State, Zip Code City, State, Zip Code Telephone: 303-297-2600 Telephone: 303-573-0975 Daytime number E-Mail: E-Mail: Attorney Reg. No.: It is the Petitioner's responsibility to notify the BAA of any change of address. Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to completing this Petition Form. The Instructions and Rules are available on the Web at www.dola.Colorado.gov/baa or may be requested by phone at 303-866-5880. 5-1/(0L2(;2 711c" c,ftittikeit CLERK TO THE BOARD PHONE(970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 ECEiVED GREELEY, COLORADO 80632 ReAUG 0 4 2010 LEPOER DENVER COLORADO August 2, 2010 CACTUS INVESTMENTS LLP 1316E4AVE LONGMONT, CO 80501 RE: THE BOARD OF EQUALIZATION, 2010, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY:ACCOUNT#: R6880497 PARCEL#: 131314200076-DEL-CC1- 4 L4 BLK1 AMD DEL CAMINO CENTER PUD (.05D) Dear Petitioner: On July 29, 2010, 2010, the Board of County Commissioners of Weld County, Colorado, convened, and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered your request for an Administrative Denial of your petition of appeal of the County Assessor's valuation of your property described above, for the year 2010. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY SET BY BOARD ASSESSOR $3,385,114 $3,385,114 2010-1753 AS0076 • CACTUS INVESTMENTS LLP - R6880497 Page 2 A denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options; however, said appeal must be filed within 30 days of the denial: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's(CBOE's)decision to the Board of Assessment Appeals(BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), C.R.S.) Appeals to the BAA must be made on forms furnished by the BAA, and such appeals should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 Fees: A taxpayer representing himself is not charged for the first two appeals to the Board of Assessment Appeals; however,a taxpayer being represented by an agent or an attorney must submit a fee of$101.25 per appeal. OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1), C.R.S.) OR 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, C.R.S.) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE 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 will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He 2010-1753 AS0076 • CACTUS INVESTMENTS LLP - R6880497 Page 3 also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed$150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, <v�Ute e Xlvo<r/� Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor MARVIN F. POER& COMPANY 410 17TH ST STE 1175 DENVER, CO 80202 2010-1753 AS0076 BOARD OF ASSESSMENT APPEALS, Docket Number: 56340 STATE OF COLORADO 1313 Sherman Street, Room 315 Denver, Colorado 80203 Cep v E Petitioner: CACTUS INVESTMENTS LLP, NOV 1 7 2011 0 v. Respondent: WELD COUNTY BOARD OF EQUALIZATION. ORDER ON WITHDRAWAL The Board received Petitioner's request to withdraw the above-captioned appeal on November 14, 2011. The Board has approved Petitioner's request. FINDINGS OF FACT AND CONCLUSIONS: 1. Subject property is described as follows: County Schedule No.: R6880497 Category: Valuation Property Type: Industrial 2. Petitioner is protesting the 2010 actual value of the subject property. ORDER: Petitioner's request for withdrawal is granted; therefore, the Board will take no further action on this matter. i 1 )t- 27-.20r1 4500947 c20/O --,;?04 3 DATED AND MAILED this 15th day of November 2011. i BOARD OF ASSESSMENT APPEALS L ' .... ._. .3 Diane M. DeVries I hereby certify that this is a true and correct copy of the decision of the ? Board of Assessment Appeals. Lk.inA Q II,Mimi bar kj Debra A. Baumbach ySPtE OF Co( Cara McKeller $ , SEA :, 'iii, 2 f ST/IFE b ni -70 CF rSSE 4. , PEALS • 2D11 11+ El 2: 16 If at any time you decide you DO NOT wish to pursue your appeal and choose to withdraw,please sign this letter and return it to the Board of Assessment Appeals. Please do not fill out and file this form if you are entering into a stipulation with the county. Robinson Waters&O'Dorisio Ronald S.Loser Esq. 1099 18TH STREET,SUITE 2600 Denver,CO 80202-1926 Date: Docket No.: 56340 Hearing Date: March 10,2011 To: Board of Assessment Appeals Via Facsimile:303.866.4485 1313 Sherman Street, Room 315 Denver,CO 80203 I no longer wish to pursue this matter and request that my property tax appeal be withdrawn. I understand that,by withdrawing this appeal, I relinquish all rights to obtaining a reduction in value for the subject property for tax year(s)2010. I understand that this withdrawal letter should not be mailed or faxed if I have reached an agreement(stipulation)with the Weld County Board Of Equalization resulting in a reduction in value. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document was mailed,faxed,or hand delivered to the Weld County Board Of Equalization. ' ' ignature:Ronald S.Loser Esq. Hello