HomeMy WebLinkAbout20092007.tiffPETITION TO STATE BOARD OF ASSESSMENT APPEALS
1313 Sherman Street, Room 315 Phone: (303) 866-5880
Denver, Colorado 80203 Fax: (303) 866-4485
Date: 9/1/2009
Property Owner CRVI H-AZCO LLC
Subject Property: 24 Lots in Raspberry Hill Sub. Frederick, CO
Street Address City
Schedule Number(s): See attached list
For Office Use Only
Docket No
Fee: Y N
Check/Credit Card #
P F H
Attach separate sheet if necessary
lE$oard of Equalization
Appeals the decision of the Weld ['Board of Commissioners Dated: 8/10/2009
County O State Property Tax Administrator
This Appeal concerns: ®Valuation ❑ Refund/Abatement O Exemption ❑ State Assessed Tax Year 2009
The subject property is currently classified as:
0 Agricultural OCommercial ❑Exempt 0 Industrial ❑Mixed Use ONatural Resources
❑ Oil & Gas ID Personal OPossessory O Producing ❑Residential ❑State Assessed
0 Vacant Land Interest Mines
Actual Value assigned to subject property: $1,185,552 Petitioner's estimate of value: $150,000
Estimated time for Petitioner to present the appeal: 120 minutes or 2 hours.
Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator.
Appearance:
0 Petitioner will be present at the hearing
0 Petitioner will be represented by an agent
❑ Petitioner will be represented by an attorney
°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)
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).
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).
O $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`iavoperty.:
Declining mmarket conditions in the base period and extended market absorbtiorL. `
4-onc7
&009- Loci
Required attachments to this form:
CI 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
a 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
O Board of Equalization
❑ Board of Commissioners
❑ State Property Tax Administrator
at the following address: PO Box 758 Greeley, CO 80632
on 9/1/2009
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
on
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 9/1/2009
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.R.S.
39-8-109)
Signature of Agent m or Attorney O
Michael Van Donselaar, Duff & Phelps
Printed Name
950 17th Street, Suite 2000
Mailing Address
Denver, CO 80202
City, State, Zip Code
Telephone: 303-749-9034
Signature of Petitioner
CRVI H-AZCO LLC
Printed Name
301 Congress Avenue
Mailing Address
Austin, TX 78701
City, State, Zip Code
Telephone: 5124944510
Daytime number
E -Mail: michael.vandonselaar@duffandphelps 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.
Account
Numbers
R3615905
R3616005
83616105
R3616205
R3616305
R3616405
R3617605
R3617705
R3617805
R3617905
R3618005
R3618405
R3618505
R3618605
R3618705
R3618805
R3618905
R3619005
R3619105
R3622105
R3622205
R3622405
R3622505
R3622605
CBOB VacLantl 010998
Page 2
CYPRESS
PEAL ESTATE ADVISORS
Letter of Authorization for Property Tax Matters
Duff & Phelps, LLC is authorized to represent Cypress Real Estate Advisors and all affiliated
subsidiaries and partnerships, as detailed in the attached sheet with regard to all property tax
matters in various counties detailed on the attached sheet. Duff and Phelps RC 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 by the
undersigned. This agent is delegated full authority to handle all matters relative to assessments
and to represent us, with the assistance of legal counsel, if necessary in the appeal process.
All correspondence should be directed to:
Duff and Phelps LLC
919 Congress Ave, Suite 1450
Austin, TX 78701
Name of Representative: Adam Gates Title: Principal
Signed:
Date: 3/18/09
, •"•" ••.! DEMETRM PANAGOPOULOS
Notary Polak. State of Texas
3;711 My Commission Expires
Ja00011/ II, 2012
3/113/o,
301 CONGRESS AVENUE, SUITE 500 I AUSTIN, TEXAS 78701 I TEL: 512 494 8510 FAX: 512 494 8519
The following subsidiaries are controlled by Cypress Real Estate Advisors
Subsidiary name County
CRVI H-AZCO, LLC Adams
CRVI TXAZCO PORTFOLIO LLC Adams
CRVI H-AZCO, LLC Boulder
CRVI TXAZCO PORTFOLIO LLC Boulder
CRVI H-AZCO, LLC Douglas
CRVI TXAZCO PORTFOLIO LLC Douglas
CRVI H-AZCO, LLC Weld
CRVI TXAZCO PORTFOLIO LLC Weld
CRVI H-AZCO, LLC Arapahoe
CRVI TXAZCO PORTFOLIO LLC Arapahoe
CRVI H-AZCO, LLC Pinal
CRVI TXAZCO PORTFOLIO LLC Pinal
COLORADO
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4226
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
August 10, 2009
CRVI H-AZCO LLC
301 CONGRESS AVENUE STE 500
AUSTIN, TX 78701
RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
DESCRIPTION OF PROPERTY: VARIOUS (SEE LIST)
Dear Petitioner
On 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 petition of appeal of the County Assessor's valuation of your property described
above, for the year 2009.
The Board of Equalization found that the evidence presented at the hearing clearly
supported the value placed upon your above described property by the County Assessor. Such
evidence indicated the value was reasonable, equitable, and derived according to the
methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law.
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
$49,398 $49,398
2009-1826
AS0073
CRVI H-AZCO LLC - VARIOUS (SEE LIST)
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
also has the power to administer oaths, and all questions of law and fact shall be
determined by him.
2009-1826
AS0073
CRVI H-AZCO LLC - VARIOUS (SEE LIST)
Page 3
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
DUFF AND PHELPS
950 17TH ST STE 2000
DENVER, CO 80202
DESCRIPTION OF PROPERTY: ACCOUNT #: R3615905 PARCEL #: 131323304001 - FRE
RHS L1 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
DESCRIPTION OF PROPERTY: ACCOUNT #: R3616005 PARCEL #: 131323304002 - FRE
RHS L2 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
DESCRIPTION OF PROPERTY: ACCOUNT #: R3616105 PARCEL #: 131323304003 - FRE
RHS L3 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
DESCRIPTION OF PROPERTY: ACCOUNT #: R3616205 PARCEL #: 131323304004 - FRE
RHS L4 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
DESCRIPTION OF PROPERTY: ACCOUNT #: R3616305 PARCEL #: 131323304005 - FRE
RHS L5 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
DESCRIPTION OF PROPERTY: ACCOUNT #: R3616405 PARCEL #: 131323304006 - FRE
RHS L6 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
000000000
DESCRIPTION OF PROPERTY: ACCOUNT #: R3617605 PARCEL #: 131323304018 - FRE
RHS L18 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
DESCRIPTION OF PROPERTY: ACCOUNT #: R3617705 PARCEL #: 131323304019 - FRE
RHS L19 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
2009-1826
AS0073
CRVI H-AZCO LLC - VARIOUS (SEE LIST)
Page 4
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
OF PROPERTY: ACCOUNT #: R3617805 PARCEL #: 131323304020 - FRE
RHS L20 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3617905 PARCEL #: 131323304021 - FRE
RHS L21 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3618005 PARCEL #: 131323304022 - FRE
RHS L22 BLK3 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3618405 PARCEL #: 131323305001 - FRE
RHS L1 BLK4 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3618505 PARCEL #: 131323305002 - FRE
RHS L2 BLK4 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3618605 PARCEL #: 131323305003 - FRE
RHS L3 BLK4 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3618705 PARCEL #: 131323305004 - FRE
RHS L4 BLK4 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3618805 PARCEL #: 131323305005 - FRE
RHS L5 BLK4 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3618905 PARCEL #: 131323305006 - FRE
RHS L6 BLK4 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3619005 PARCEL #: 131323305007 - FRE
RHS L7 BLK4 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3619105 PARCEL #: 131323305008 - FRE
RHS L8 BLK4 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3622105 PARCEL #: 131323308001 - FRE
RHS L1 BLK7 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3622205 PARCEL #: 131323308002 - FRE
RHS L2 BLK7 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3622405 PARCEL #: 131323308004 - FRE
RHS L4 BLK7 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3622505 PARCEL #: 131323308005 - FRE
RHS L5 BLK7 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
OF PROPERTY: ACCOUNT #: R3622605 PARCEL #: 131323308006 - FRE
RHS L6 BLK7 RASPBERRY HILL SUBDIVISION SITUS:
FREDERICK 80530
2009-1826
AS0073
BOARD OF ASSESSMENT APPEALS
STATE OF COLORADO
NOTICE OF HEARING
SCHEDULE NO. R3615905+23 DOCKET NO. 53202
Petitioner(s):
CRVI H-AZCO LLC
V.
Respondent:
WELD COUNTY BOARD OF EQUALIZATION
Tax Year(s): 2009
The Board of Assessment Appeals will hear the above -captioned matter:
Date:
Time:
Location:
Time Allocated:
April 19, 2010
8:30 AM Mountain Time on a trailing docket
1313 Sherman Street
Room 315, 3rd Floor
Denver, Colorado 80203
2 hour(s) per side
PLEASE TAKE NOTICE:
The Board of Assessment Appeals uses a one -day modified trailing docket. Several cases are
scheduled for hearing at 8:30 am each day. Cases are heard in the order determined by the Board, with
the first case commencing at 8:30 am. At the completion of the first case on the docket, the Board hears
the second case on the docket. The Board proceeds through the docket in this manner until all cases
have been heard or until insufficient time remains to fully hear the remaining cases on the docket. Cases
not heard will be continued to another day.
You are required to appear for your hearing at 8:30 am on the date noted above and remain until your
case is heard or continued, unless the Board removes your case from the trailing docket and schedules
your case for a specific time later in the day. A list of cases removed from the trailing docket will be
available at least one week prior to the hearing date. If your case is removed from the trailing docket,
you are required to appear at the specific time scheduled by the Board. Please check the Hearing
Schedule on the Board's web page(www.dola.state.co.us/baa/index.htm) or call (303) 866-5820
within one week prior to your hearing date to determine if your hearing has been scheduled for a
specific time on the hearing date.
If the Petitioner is a closely held entity as defined in CRS 13-1-127, the Petitioner must be represented by
either an attorney licensed in Colorado or an officer of the entity. If the Petitioner is a domestic or foreign
entity that is not closely held, as defined in CRS 7-90-102, an attorney licensed in Colorado must
represent the entity in all legal proceedings before the Board.
Pursuant to Board Rule 11, documentary evidence and witness lists must be received by the
Board and the opposing party no later than April 5, 2010. If this date falls on a State Holiday, the
documentary evidence and witness lists are due the following working day.
Petitioner's Representative of Record:
DUFF & PHELPS LLC
MICHAEL VAN DONSELAAR
950 17TH STREET, SUITE 2000
DENVER, CO 80202
eantirutel zatuN,ED
17—OIO
Mailed: February 10, 2010
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