HomeMy WebLinkAbout20092602.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 8, 2009
Property Owner: NORTHGATE REGENCY LLC C/o Marvin F. Poer and Company
Subject Property: GR MCC TRACT 1A, Greeley /
Street Address City
Schedule Number(s): R4794807
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
O Board of Equalization
❑Board of Commissioners Dated: 8/19/2009
❑ State Property Tax Administrator
This Appeal concerns: OValuation ❑ Refund/Abatement O Exemption OState Assessed Tax Year: 2009
The subject property is currently classified as:
❑Agricultural ❑Commercial ❑Exempt ❑Industrial ❑Mixed Use ONatural Resources
❑ Oil &Gas DPersonal OPossessory OProducing ❑Residential OState Assessed
0 Vacant Land Interest Mines
Actual Value assigned to subject property: $1,236,722 Petitioner's estimate of value:
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:
OPetitioner will be present at the hearing
0 Petitioner will be represented by an agent
0 Petitioner will be represented by an attorney
OPetitioner 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).
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 property
Property overvalued by the Market Approach
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2009-2602
Required attachments to this form:
El 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
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:
Weld
County
l7 Board of Equalization
o Board of Commissioners
o State Property Tax Administrator
at the following address: 915 10th Street P.O. Box 758 Greeley, CO 80632
on 9-17-2009
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 9-17-2009
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 9-17-2009
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 O or Attorney El
Ronald Loser
Printed Name
1099 18th Street Suite 2600
Mailing Address
Denver, CO 80202
City, State, Zip Code
Telephone: 303-297-2600
E -Mail:
Attorney Reg. No.:
Sign.tu of Petitioner
Joseph Monzon
Printed Name
P.O. Box 790830
Mailing Address
San Antonio, TX 78279
City, State, Zip Code
Telephone: 303-573-0975
E -Mail:
Daytime number
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.
COLORADO
H9),131404
RECEIVELI
AUG 2 1 2009
VI.RPOER DENVER
August 19, 2009
NORTHGATE REGENCY LLC
CIO PROPERTY TAX DEPT
P O BOX 790830
SAN ANTONIO, TX 782790830
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 #: R4794807 PARCEL #: 095909203006 - GR MCC
TRACT 1A MCCLOSKEY COMMERICAL
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
$1,236,722 $1,236,722
2009-2157
AS0073
NORTHGATE REGENCY LLC - R4794807
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 OBOE 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
2009-2157
AS0073
NORTHGATE REGENCY LLC - R4794807
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 17 ST STE 1175
DENVER, CO 80202
2009-2157
AS0073
BOARD OF ASSESSMENT APPEALS
STATE OF COLORADO
NOTICE OF HEARING
SCHEDULE NO. R4794807 DOCKET NO. 52806
Petitioner(s):
NORTHGATE REGENCY 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 26, 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 12, 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:
RONALD S. LOSER ESQ.
ROBINSON WATERS & O'DORISIO
1099 18TH STREET, SUITE 2600
DENVER, CO 80202-1926
Mailed: February 10, 2010
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