HomeMy WebLinkAbout20102062.tiff PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Only
1313 Sherman Street, Room 315 Phone: (303)866-5880
Denver,Colorado,80203 Fax: (303)866-4485 Docket No.
Fee: Y N
-
—2 An Check/Credit Card#
Date: August 30, 2010 P F r
Property Owner: 'ORE. COLOR bO C LLC C/o Marvin F. Poer and Compan/
Subject Property: 4185 Salazar Way, Frederick
Street Address City
Schedule Number(s): R4238506
Attach separate sheet if necessary
0Board 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 ❑Exemption ❑State Assessed Tax Year: 2010
The subject property is currently classified as:
❑Agricultural ❑Commercial ❑Exempt 0lndustrial ❑Mixed Use ❑Natural Resources
❑Oil& Gas U Personal ❑Possessory O Producing ❑Residential ❑State Assessed
O Vacant Land Interest Mines
Actual Value assigned to subject property: $15,000,000 _ Petitioner's estimate of value: $12,500,000
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:
O 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)
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:
ri 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).
O $ 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).
$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
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2010-2062
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Required attachments to this form:
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:
o 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 Et Board of Commissioners
county I3 State Property Tax Administrator
at the following address: P.O. Box 758 Greeley, CO 80632
on O •
Date
I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and
attachments nt were mailed, faxed or hand delivered to all co-owners or parties directly interested in the subject property
ts
on 1
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 hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room
315, Denver, CO 80203 on -) O
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 by An Agent or Attorney (per C.R.S.
39-8-1091
Signature of Agent 0 or Attorney 611 Signat re f Petitioner Or()
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.
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4226 RECEIVED FAX: (970) 352-0242
GREELEY, COLORADO 80632
AUG 0 4 2010
ft 1119€
COLORADO
August 2, 2010
OIRE COLORADO C LLC
10350 BREN RD WEST
MINNETONKA, MN 55343-9600
RE: THE BOARD OF EQUALIZATION, 2010, WELD COUNTY, COLORADO -
ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM
ASSESSOR'S VALUE
DESCRIPTION OF PROPERTY: ACCOUNT #: R4238506 PARCEL #: 131314308006 - FRE
DCSRA L6 DEL CAMINO SOUTH REPLAT OUTLOT A
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
$15,000,000 $15,000,000
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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
2010-1758
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• OIRE COLORADO C LLC - R4238506
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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,
loiddeci
cC/�
Esther E. Gesick
Deputy Clerk to the Board
cc: Christopher Woodruff, Assessor
MARVIN F. POER & COMPANY
410 17TH ST STE 1175
DENVER, CO 80202
2010-1758
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