HomeMy WebLinkAbout20092592.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
For Office Use Only
Docket No.
Fee: Y N
Check/Credit Card #
P F H
Property Owner: MAGNUM MATERIALS OF COLORADO INC C/o Marvin F. Poer and Compaky
Subject Property: 188 Gateway Cir., Johnstown /
Street Address City
Schedule Number(s): R4966708
Attach separate sheet if necessary
Appeals the decision of the Weld
County
OBoard of Equalization
❑Board of Commissioners Dated: 8/19/2009
['State Property Tax Administrator
This Appeal concerns: 0Valuation DRefund/Abatement O Exemption ❑State Assessed Tax Year: 2009
The subject property is currently classified as:
ID Agricultural 0Commercial °Exempt O Industrial ❑Mixed Use ❑Natural Resources
❑ Oil &Gas El Personal °Possessory ❑Producing ❑Residential ❑State Assessed
❑ Vacant Land Interest Mines
Actual Value assigned to subject property: $1,583,461 Petitioner's estimate of value: ipriaL70
r
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:
❑Petitioner will be present at the hearing
0 Petitioner will be represented by an agent
OPetitioner 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).
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 and Income Approach
4/481/49
({'2 : J s> c, co ow
2009-2592
Required attachments to this form:
❑ Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial
O 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
0 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
['Board of Commissioners
❑ 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.
39-8-1091
Signature of Agent CI or Attorney al
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.:
Signat
Joseph Monzon
Printed Name
I' '?:_j(7JSJ l�
of Petitioner
3855 Sable Blvd
Mailing Address
Aurora, CO 80011
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.
a �r2(a/zkYIs7r
Wilk
COLORADO
August 19, 2009
MAGNUM MATERIALS OF COLORADO INC
3855 SABLE BLVD
AURORA, CO 80011
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4226
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RECEIVED
AUG 2 1 2009
M.F.POER DENVER
RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO -
ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM
ASSESSOR'S VALUE
DESCRIPTION OF PROPERTY: ACCOUNT #: R4966708 PARCEL #: 106103436001 - JOH
4125GC L1 125 GATEWAY CENTER FG #4 REPLAT B
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
$1,583,461 $1,583,461
2009-2153
AS0073
MAGNUM MATERIALS OF COLORADO INC - R4966708
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
2009-2153
AS0073
MAGNUM MATERIALS OF COLORADO INC - R4966708
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 OBOE. 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
2009-2153
AS0073
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