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Home My WebLink About20092147.tiff0 1 WID€. COLORADO August 19, 2009 HOME DEPOT PO BOX 105842 ATLANTA, GA 303485842 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 #: R5026708 PARCEL#: 131311107013 - FIR 1 FCC L1 FIRESTONE CITY CENTRE FG #1 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 $2,659,341 $2,659,341 2009-2147 l / AS0073 cc' , �s C Pei aE 056- (N HOME DEPOT - R5026708 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 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 2009-2147 AS0073 HOME DEPOT - R5026708 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 MARVIN F. POER AND COMPANY 410 17TH ST STE 1175 DENVER, CO 80202 2009-2147 AS0073 1 8D2 0 �N19!1 I 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 RECEIVED JUN 3 0 2009 M.F.POER DENVE SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA AL. DESCRIPTION PHYSICAL LOCATION R5026708 2009 2556 HOME DEPOT PO BOX 105842 ATLANTA, GA 303485842 COMMERCIAL FIR 1 FCC L1 FIRESTONE CITY CENTRE FG #1 10858 JAKE JABS BLVD FIRESTONE, CO 000000000 ' VALUAI ION ACTUAL V ACTUAL VALUE AFTER 2,659,341 2,659,341 TOTAL,' $2,659,341 $2,659,341 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: LH02 - No change has been made to the valuation of this property. Colorado law requires us to send this notice of denial for all properties on which we do not adjust the value. 20% complete as of 1/1/2009 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. MARVIN F. POER AND COMPANY 410 17 ST SUITE 1175 DENVER CO 80202 2009-2147 PR 207-08/08 ; NOD #: 3027 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10`" Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5,§§' 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9th Avenue and 9th Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.gov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property Pursuant to § 39-8-106(1.5), C.R.S.) $ What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) ATTESTATION I, the undersigned owner co ine• her: ail Si•? Lure or agent' of the property identified above, affirm that the statements achrrtents hereto are true and complete. (303) 573 0975 //� () 1 Telephone Number Date JOSEPH D. MONZON MARVIN F. POER & CO. 410 17TH ST. SUITE 1175 DENVER, CO 80202 ' Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-O8/08 NOD # 3027 $6.660 US POSTAGE. FIRST-CLASS 062S0005136649 80202 N 0 IdC V J cone, O 7008 1140 0004 5022 8813 z O a NJ J a m W Z w v m O ^ O cc ,- m ai J a a) w O O v USPS - Track & Confirm Page 1 of 1 flUNITED STATES POSTAL SERVICE. Track & Confirm Search Results Label/Receipt Number: 7008 1140 0004 5022 8813 Service(s): Certified Mail'" Status: Delivered Your item was delivered at 10:27 AM on July 16, 2009 in GREELEY, CO 80632. Detailed Results: • Delivered, July 16, 2009, 10:27 am, GREELEY, CO 80632 • Arrival at Unit, July 16, 2009, 6:42 am, GREELEY, CO 80631 Notification Options Home I He Track & Confirm Track & Confirm Enter Label/Receipt Number. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. i. Go> Site Map Customer Service Forms Govt Services Careers Privacy Policy Terms of ilse Business Customer Ga Copyright© 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkenfrm1.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 7/17/2009 Esther Gesick From: Joe Monzon [JoeMonzon@mfpoer.com] Sent: Monday, July 27, 2009 9:27 AM To: Esther Gesick Subject: FW: Administrative denial Attachments: Marvin Poer-7-22-09.xls Ms. Gesick: This email acknowledges our agreement with Weld County to request administrative denials for the attached list of parcels. Thank you. Joe Monzon MARVIN F. POER AND COMPANY Denver 303.573.1154 From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent: Thursday, July 23, 2009 4:54 PM To: Joe Monzon Cc: Stan Jantz; Courtney Anaya Subject: FW: Administrative denial Joe, Please acknowledge your intent for Administrative Denial regarding the various Accounts that were appealed to the Weld County BOE, as attached. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) From: Courtney Maya Sent: Wednesday, July 22, 2009 10:58 AM To: Esther Gesick Subject: Administrative denial Hi! 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