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Home My WebLink About20092006.tiffPETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Denver, Colorado 80203 Fax: (303) 866-4485 Date: 08/24/2009 Property Owner: Owens -Brockway Glass Container Subject Property: 11133 County Road 64, Windsor, CO Street Address City Schedule Number(s): R2704603 Appeals the decision of the Weld County Attach separate sheet if necessary For Office Use Only Docket No Fee: Y N Check/Credit Card # P F H 0 Board of Equalization ❑ Board of Commissioners Dated: 08/04/2009 ❑ State Property Tax Administrator This Appeal concerns: fdValuation ❑ Refund/Abatement ❑ Exemption ❑State Assessed Tax Year: 2009 The subject property is currently classified as: ❑Agricultural ❑Commercial ❑Exempt 0lndustrial °Mixed Use ❑ Natural Resources ❑ Oil &Gas ID Personal °Possessory ❑Producing °Residential ❑State Assessed ❑ Vacant Land Interest Mines Actual Value assigned to subject property: $38,476,178 Petitioner's estimate of value: $28,490,000 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 0 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). ❑ $ 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 The proposed 2009-2010 Tax Year Actual Value does not reflect fair market value and is, therefore, excessive, (a≤,t-wt /( } 04 Asey/ 7 r/y% �p�� O2.OO 1c 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: A notarized Letter of Authorization if an agent will be representing Petitioner p 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: 9(Board of Equalization Weld o Board of Commissioners County D State Property Tax Administrator at the following address: 915 10th St., Greeley, CO 80632 on 08/24/2009 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 08/24/2009 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 08/24/2009 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) mt l ry 11 Signature of Agent_ or Attorney 0 Signature of Petitioner Ken Zdrok - DMA, Inc. Printed Name 20830 N.Tatum Blvd., Suite #240 Mailing Address Phoenix, AZ 85050 City, State, Zip Code Telephone: (480) 419-2556 E -Mail: kzdrok@dmainc.com Michael Taylor c/o Owens-Illinois, Inc. Printed Name 436 Seventh Ave. Mailing Address Perrysburg, OH 43551 City, State, Zip Code Telephone: (567) 336-5000 Daytime number E -Mail: Michael.Taylor@us.o-i.com 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. DMA DUCHARME, MCMILLEN & ASSOCIATES, INC. CERTIFIED MAIL #7008 1140 0003 7203 6664 August 24, 2009 Board of Assessment Appeals State of Colorado 1313 Sherman Street, Room 315 Denver, CO 80203 Re: Owens -Brockway Glass Container 11133 County Road 64 - Parcel #R2704603 Windsor, Weld County, Colorado To Whom It May Concern: DuCharme, McMillen & Associates, Inc., ("DMA") is the duly authorized agent for the above referenced taxpayer. As such, enclosed is an original and three (3) copies of a completed Petition to the State Board of Assessment Appeals. This petition package contains the Assessor's Notice of Denial letter, the Board of Equalization's Notice of Determination to sustain the Assessor's value, and a notarized Certificate of Authority. The top copy of the petition package includes the $101.25 filing fee. If you have any questions, or require additional information pertaining to this appeal, please contact me immediately at (480) 419-2556, extension 2538. Sarah G. Alcock Associate Tax Consultant Property Tax Division cc: Mr. Michael Taylor - Owens-Illinois, Inc. Weld County Board of Equalization NORTH AMERICA'S CHOICE FOR CORPORATE TAX SOLUTIONS 20830 N. Tatum Blvd., Suite 240 • Phoenix, AZ 85050-7263 • 480-419-2556 • Fax; 480-419-2597 • www.dmainc.com REAL AND PERSONAL PROPERTY NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Ave GREELEY, CO 80631 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION! PHYSICAL LOCATION R2704603 2009 0436 N2NW4 25-6-67 LYING S OF RR EXC BEG NW COR SD SEC 25 5454.84 E30' TO TPCB TH ALG CURVE CONCAVE TOW (R=605) CHORD=S05032'E 110.15 SOD19'E 228.26' TH ALG CURVE CONCAVE TO NE (R=525') CHORD=S35D05'E 638.29' TH 589D01'W 352.54' TH NOD19'W 834.11' TO TPOB (. 11133 64.5 CR WINDSOR, CO 000000000 1 PROPERTY OWNER BROCKWAY GLASS CONTAINER INC ONE O-1 PLAZA TAX DEPT ONE MICHAEL OWENS WAY PERRYSBURG, OH 43551-2999 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR, TO REVIEW ACTUAL VALUE AFTER REVIEW VACANT LAND INDUSTRIAL AG LAND 520,000 37,937,202 18,976 520,000 37,937,202 18,976 TOTAL $38,476,178 $38,476,178 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: CM06 - The assessor's staff has requested information which is pertinent and critical to proper evaluation of your property's value. Because we have not received this information, we have no choice but to deny any adjustments. Requested construction cost If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The deadline for filing personal property appeals is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. 15.OPT-AR PR 207-08/08 NOD# 1899 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 WUDc COLORADO August 4, 2009 BROCKWAY GLASS CONTAINER INC ONE O-1 PLAZA TAX DEPT ONE MICHAEL OWENS WAY PERRYSBURG, OH 43551-2999 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R2704603 PARCEL #: 080725200049 - N2NW4 25-6-67 LYING S OF RR EXC BEG NW COR SD SEC 25 S454.84 E30' TO TPOB TH ALG CURVE CONCAVE TO W (R=605) CHORD=S05D32'E 110.15' S0D19'E 228.26' TH ALG CURVE CONCAVE TO NE (R=525') CHORD=S35D05'E 638.29' TH S89D01'W 352.54' TH N0D19'W 834.11' TO TPOB (. Dear Petitioner: On July 30, 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 $38,476,178 ACTUAL VALUE AS SET BY BOARD l $38,476,178 2009-1785 AS0073 PROPERTY TAX CERTIFICATE OF AUTHORITY TO WHOM IT MAY CONCERN: Owens-Illinois One Michael Owens Way Perrysburg, OH 43&51-2999 +1 567 336 58951el +1 567 336 1308 fax Date: May 27, 2008 This certifies that DuCharme, McMillen & Associates, Inc. and/or its designees is hereby authorized to represent the undersigned in all matters of property tax assessments before any governmental assessing officials or any other authority having jurisdiction regarding the assessment levied on the following described property for current or past years of assessment: Owens -Brockway Glass Container, Inc. 11133 County Road 64 (Acct #R2704603) Windsor, Weld County, Colorado 80550 BY: State of _Ohio County of _Lucas e LifAi (Signature) (Typed Signature) James R. Seiwert (Corporate Title) Assistant Treasurer Owens -Brockway Glass Container, Inc. (Company) The foregoing instrument was duly acknowledged before me by _James R. Seiwert for the uses and purposes therein expressed. Witness my hand and Notarial eal, this 27_ day of May , 2008_. Cl(Notary Public My commission expires: CC). p?l//;070 BOARD OF ASSESSMENT APPEALS STATE OF COLORADO NOTICE OF HEARING SCHEDULE NO. R2704603 DOCKET NO. 51994 Petitioner(s): OWENS-BROCKWAY GLASS CONTAINER 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 1 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: DUCHARME, MCMILLEN & ASSOCIATES, INC. KEN J. ZDROK 20830 N. TATUM BLCD., SUITE #240 PHOENIX, AZ 85050 Mailed: February 10, 2010 0, iVuYW/11x0 ,2-17-a0lb 02c09- aO (c As DO1 I Hello