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Home My WebLink About20092313.tiffta4v COLORADO September 9, 2009 PROSPECT FARMS II HOLDINGS LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 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 - STIPULATE PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R5066986 PARCEL #: 130505000010 - 8362 W2 5 2 64 EXC UPRR RES (1SHT) Dear Petitioner: On July 28, July 30, 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 the Stipulation on your petition of appeal of the County Assessor's valuation of your property described above, for the year 2009. The Stipulation was entered into between the Assessor and said petitioner(s), and accepted by the Board of Equalization, agreeing that the assessment and valuation of the Weld County Assessor be Stipulated as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR ACTUAL VALUE AS STIPULATED $9,975 $9,580 3 0 4s,f if) Pc7- LL E7 -r e' 2009-2313 AS0073 PROSPECT FARMS II HOLDINGS LLC - R5066986 Page 2 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 GREGORY AND PLOTKIN, LLC 1331 17TH ST STE 1060 DENVER, CO 80202 2009-2313 AS0073 2009 COUNTY BOARD OF EQUALIZATION WELD COUNTY ASSESSOR'S ACCOUNT NUMBER R5066986 STIPULATION (As To Tax Year 2009 Actual Value) RE PETITION OF: NAME: PROSPECT FARMS II HOLDINGS LLC 4643 S ULSTER ST STE1300 DENVER CO 80237-2868 Petitioner(s), HP FARMS HOLDINGS LLC & and the Weld County Assessor, hereby enter into this Stipulation regarding the tax year 2009 valuation of the subject property, and jointly move that the Board of Equalization to enter its order based on this Stipulation. Petitioner(s) and the Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: W2 5-2-64 2. The subject property is classified as Agricultural property 3. The County Assessor originally assigned the following actual value to the subject property for 2009. LAND: $9,975 IMPROVEMENTS: TOTAL: $9,975 4. After further review and negotiation, the petitioner(s) and Weld County Assessor agree to the following actual value for the subject property. LAND: IMPROVEMENTS: TOTAL: $9,580 sq $9,580 5. The valuations, as established above, shall be binding only with respect to tax year 2009. 2009-2313 07/29/2009 09:48 FAX 9703046433 WELDCOUNTYASSESSOR [in008/008 6. Brief narrative as to why the reduction was made: Adjusted the land took out acres and put into waste land to reflect the oil wells that are on the land. 7. Both parties agree that the hearing scheduled before the Weld County Board of Equalization on 7/31/2009 at 3:45 PM be vacated. DATED this 29 day of July, 2009. etitioner(s) Address: Telephone(ND3') £42 T 144 County Assessor. Petitioner(s) or Attorney Address: Telephone: ADDRESS: 1400 N.17th Avenue Greeley, CO 80631 (970) 353-3845 ext. 3656 AG LAND 9,975 R5066986 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 TAX YEAR 8362 W2 5 2 64 EXC UPRR RES (1SHT) 2009 2442 O PROSPECT FARMS II HOLDINGS LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 ASSESSOR'S VALUATION ACTUAL VALUE PRIOR! ACTUAL VALUE AFTER REVIEW 9,975 $9,975 $9,975 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: AG04 - Ag land value is based on production capabilities of soil types as indicated by soil conservation service and is not related to market value it is based on production over a 10 year period of time. 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 concemed 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. GREGORY & PLOTKIN LLC 1331 SEVENTEENTH STREET STE 1060 DENVER CO 80202 15-DPT-AR PR 207-08108 NOD #: 2963 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th 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 9`n Avenue and 91n Street. P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.qov/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 fgAreall p pperty 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 rot, original installed cost, appraisal, etc.) L ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. Signature Telephone Number Date 'Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/08 NOD it: 2963 GREGORY & PLOTKIN, LLC ATTORNEYS AT LAW DENVER OFFICE 1331 SEVENTEENTH STREET SUITE 1060 DENVER, COLORADO 80202 (303)292-9122 FAX (303) 292-9121 James P. Gregory, Esq. jpgregory@gregoryplotkinlaw.com (Direct dial) 303-292-9124 Jessen L. Gregory, Esq. ,7grcyury u2 gr orl Olotkinlaw-.eon1 (Direct dial) 303-292-9123 July 14, 2009 Weld County Board of Equalization 915 10111 Street, PO Box 758 Greeley, CO 80632 Re: 2009 Property Tax Protest Dear Officer, WASHINGTON OFFICE 5471 Wisconsin Ave., Suite 300 Chevy Chase, MD 20815-3546 PHONE: (202) 285-0976 FAX: (204) 482-8908 On behalf of our client, Prospect Farms II Holdings LLC ("Client"), please accept this letter and all attachments in protest to the Weld County 2009 assessed property tax values on the following parcel: Acct # Parcel # 2008 Value 2009 Value R5066986 130505000010 $9,448 $9,975 While our Client understands that increases in commodity prices of grain and corn effect the valuations, and are set by the state for agriculture lands, the increases assessed this year are high. Additionally, there has been a severe decline in sales of such lots statewide and in Weld County, Colorado, which initiated during the 4'h quarter of 2007 and into 2008 and should be taken into consideration by the Board of Equalization during this severe economic recession. Increases in valuation during this time period on agriculture lots are unsubstantiated and inappropriate. Our Client requests the reinstatement of the 2008 assessed value. Further, it is our position that the Weld County Assessors office did not review the protest in full on this property. When we did not receive a Notices of Determination ("NOD") for this property, by July 9'h, 2009, we contacted their offices only to learn that this protest was overlooked. We received the NOD by email the same day we contacted the Assessor, which conclusively establishes the Assessor's failure to engage in a thorough review of the valuation for this property. Tax Protest Gregory & Plotkin, LLC July 14, 2009 Page 2 Should you have any questions or correspondence with regard to this protest, please do not hesitate to contact our office to speak with Mr. James P. Gregory or Ms. Jessen L. Gregory. Sincerely, Jesse L. Gregory, Esq. Encl. LIMITED POWER OF ATTORNEY I, ehrlSibphEc-RCAu.tson , acting for and on behalf of Prospect Farms II Holdings LLC (the "Company') whose permanent address is 4643 South Ulster Street, Suite 1300, Denver, CO 80237, hereby appoint James P. Gregory, Esq. and Jessen L. Gregory, or either of them, of Gregory & Plotkin, LLC 1331 17th Street, Suite 1060, Denver, CO 80202, as the Company's Attorney -in -Fact ("Agent"). The Company owns the following parcels of property by account and parcel number Acct # Parcel # R5066986 130505000010 My Agent shall have full power and authority to act on my behalf with respect to protesting the tax assessments on the above mentioned properties. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future with respect to the above mentioned properties. The authority herein shall include such incidental acts as are reasonably required to carry out and perform the specific authorities granted herein. Dated thisj-r 1fay 5tf May, 09. By. ) \ci PCLura>fTh It's: C % C' Acknowledgement STATE OF COLORADO COUNTY OF DENVER The foregoing instrument was acknowledged before me this O'day of May, 2009, by Chc tt�1c \�hE� 1(1, C_ t C' of P •,.,� rms II Holdings LLC, who is personally known to me or who has produced :�i� �, as identification. ei2 ••z oTAgJ:„4 Notary S nature & Print Witness my hand and official seal. My commission expires: S t- 15 elA It Wine COLORADO July 24, 2009 PROSPECT FARMS II HOLDINGS LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Dear Petitioner(s): CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4226 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No.: 130505000010 Account No.: R5066986 The Weld County Board of Equalization has set a date of July 31, 2009, at or about the hour of 3:45 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, First Floor Hearing Room, 915 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2009, and mailed to you on or before August 12, 2009. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. PROSPECT FARMS II HOLDINGS LLC - R5066986 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor GREGORY AND PLOTKIN, LLC 1331 17TH ST STE 1060 DENVER, CO 80202 Hello