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Home My WebLink About20092529.tiffPETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Denver Colorado 80203 Fax: (303) 866-4485 Date: September 14, 2009 Property Owner: Donald Brough Subject Property: 803 20th Ave For Office Use Only Docket No. Fee: Y N Check/Credit Card # P F H Street Address City Schedule Number(s): R2966586 Appeals the decision of the Weld Attach separate sheet if necessary ❑County Board of Equalization ®County Board of Commissioners ❑Property Tax Administrator This Appeal concerns: ® Valuation ❑Refund/Abatement 0 Exemption 0 State Assessed The subject property is currently classified as: 0 Agricultural 0 Oil & Gas 0 Vacant Land ® Commercial ❑ Personal ❑ Exempt 0 Industrial ❑ Possessory ❑ Producing Interest Mines Actual Value assigned to subject property: 658.490 Estimated time for Petitioner to present the appeal: Appearance: ❑ Petitioner will be present at the hearing ® Petitioner will be represented by an agent ❑ Petitioner will be represented by an attorney ***All entities must appear under the representation of an attorney licensed in Colorado. Closely held entities, however, require no attorney if they are 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. A trust need not be represented by an attorney as it is not 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). ❑ Mixed Use ❑ Residential Dated:August 19, 2009 Tax Year: 2009 O Natural Resources ❑ State Assessed Petitioner's estimate of value- 400.000 minutes or 1 hour(s) Petitioner will appear by telephone Petitioner is responsible for calling the Board at 303-866-5880 on the scheduled date and time of hearing (Mountain Time Zone) ® $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 Petitioner can not support a value higher than 400.000 l_ &iUS><---Air 6-,--/tljJ/f (y9,�3c29 2009-2529 Signature of Agent or Attorney ❑ E -Mail: Required attachments to this form. ® Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial ® Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: ® A notarized Letter of Authorization if an agent will be representing Petitioner. ❑ 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: Weld County at the following address: on September 14, 2009 ❑ Board of Equalization ® Board of Commissioners ❑ State Property Tax Administrator P.O. Box 758, Greeley , CO 80632 Date I hereby certify that four (4) true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, faxed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room 315, Denver, CO 80203 on September 14. 2009 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.RS. 39-8-109) Greg Evans with Bridge & Associates Printed Name 575 Union Boulevard, Suite 210 Mailing Address Lakewood, CO 80228 City, State, Zip Code Telephone: 303-573-7000 Bridge77@comeast.net Signature of Petitioner Donald Brough Printed Name 1800 74th Ave Ct Mailing Address Greeley, CO 80634 City, State, Zip Code Telephone: 303-573-7000 E -Mail: n/a Daytime number It is the Petitioner's responsibility to notify the BAA of any Attorney Reg. No • 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 wwwdola,.r:olor ado.ctov?tlaa or may be requested by phone at 303-866-5880. rct't COLORADO August 19, 2009 INDEPENDENCE SQUARE 80320 LLC 3245 MARTHIAM AVE RENO, NV 89509 r CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R2966586 PARCEL #: 096106321001 - GR 2418 L1 TO 12 BLK4 PACKARDS SUB EXC E21.5' L12 SITUS: 803 20 AV GREELEY 80631 Dear Petitioner On July 31, and August 5, 2009, 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 2009. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR ACTUAL VALUE AS SET BY BOARD $658,490 $658,490 2009-2148 AS0073 INDEPENDENCE SQUARE 80320 LLC - R2966586 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 notice of 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 Courts 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 OBOE 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 2009-2148 AS0073 INDEPENDENCE SQUARE 80320 LLC - R2966586 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, Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor BRIDGE & ASSOCIATES 575 UNION BLVD #210 LAKEWOOD, CO 80228 2009-2148 AS0073 '1HY-c8-2UU3 IHU US:U3 P11 BRIDGE & ASSOCIATES .J, v\1W-VJJV p.o FAX NC, 303 '3 7050 R 05/05 F Bridge & Associates 575 Union Blvd., Ste 210 Lakewood, CO 80228 Phone: 303-573-7000 Fax: 303-573-7050 property, ('the Property") AUTHORIZATION TO APPEAR BEFORE THE: Weld COUNTY ASSESSOR AND THE Weld COUNTY BOARD OF EQUALIZATION, THE COLORADO BOARD OF ASSESSMENT APPEALS AND ALL COLORADO STATE COURTS, ON BEHALF OF THE OWNER OF RECORD OF REAL PROPERTY. Donald Brough located at 803 20 Ave Schedule No.(s). R2966585 Parcel ID No.(s): do hereby authorize: Bridge & Associates, to -represent my interests and to appear on my behalf before the County Assessor, the Weld County Board of Equalization, the Colorado Board of Assessment Appeals and all Colorado state courts, for purposes which arise from any matter(s) concerning the valuation and taxation of the of the Property for tax years 2009 and 2010, and for all previous years as allowed by applicable Colorado law and the rules and regulations of the above -referenced entities. I further authorize Bridge & Associates to appear as a witness at all formal or informal hearings of the above - referenced entities and to testify as to the valuation of the Property and to the accuracy of any factual documentation submitted on my behalf in connection with the Property. The undersigned requests that copies of all decisions from the Weld the: Weld r. County Board of Equalization, and the Colorado Board of Assessment ApCounty peals, mailed to: Bridge & Associates, 575 Union Boulevard, Ste 210, Lakewood, CO 80228. ppeals, be Further, the undersigned expressly revokes all previous authorizations relating to the Property and the subject matters referenced herein. This authorization shall remain in effect until this authorization is terminated In a written instrument executed by the undersigned, Dated this: >Tday of: / � , 20 ©7 ( owner and/or agent ) of the owner of real STATE OF COUNTY OF )SS Company: and described more specifically as: Federal Tax !D# 19S# : Signature: _ Title: Phone: Fax: Sworn to and subscribed before me on this: day of: 20 by Witness my hand and official seal. My Commission expires: Notary Public: _ Address: WITNESS LIST GREG EVANS, President of Bridge & Associates, Golden, Colorado, will be called as an expert witness in the area of the consulting service of the commercial real property and as an expert property valuation ofd valorem tax en. x purposes. Greg Evans will offer witness s the area of real concerning the subject property and is valuation for the tax year in question.and opinion testimony EDUCATION: The Appraisal Institute, University of Colorado, CO - 1987 The Appraisal Institute. University of San Diego, CA -1991 The Appraisal Institute. Arizona State University, AZ -1991 The Appraisal Institute. Universirr of Georgia, GA - 1994 The Appraisal Institute. University of Colorado. CO -1997 Caursework: General Appiications Pr.ncipies of Income Property Appraising Basic Valuation Procedures Real Estate Appraisal Standard of Professional Practice AFFILIATIONS: President Bush's Business Advisory Committee Pending Legislation Advisor -Impact Studies Business Owners and Managers' Association Colorado Restaurant Owners' Association Business Advisory Committee Mental Health Corp of Denver (MHCD) Hotel & Motel Owners Associations Nominee Rocky Mountain Entrepreneur of the Year Current 1987- Present Current 1996 Current 1993-1994 Hello