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Home My WebLink About20092597.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 Na Fee' Y N Check/Credit Card # P F H Property Owner: State Farm Mutual Automobile Ins CO C/o Marvin F. Poer and Convoy subject Property: 1555 Promontory Cir. et al, Greeley Street Address City Schedule Number(s): See attached Attach separate sheet if necessary Appeals the decision of the Weld County °Board of Equalization ❑Board of Commissioners Dated: 8/19/2009 ❑State Property Tax Administrator This Appeal concerns: Valuation ❑Refund/Abatement ❑ Exemption ❑State Assessed Tax Year: 2009 The subject property is currently classified as: ❑ Agricultural ❑ Oil & Gas ❑ Vacant Land ° Commercial D Personal ❑Exempt 'Possessory Interest ❑ Industrial O Producing Mines ❑Mixed Use ❑Residential ❑State Assessed 0 Natural Resources Actual Value assigned to subject property: $43,497,488 Petitioner's estimate of value: $39,000,000 Estimated time for Petitioner to present the appeal:(Ominutes orb 5 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 ° Petitioner will be represented by an agent ° 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 ❑ $ 33.75 o $101.25 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). 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). 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}5; CA A-SOo 7i 2009-2597 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: D 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 0 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. 39-8-109) Signature of Agent 0 or Attorney Ronald Loser P• a Signatu a r'f Pe `loner 1 n, Joseph Monzon Printed Name Printed Name 1099 18th Street Suite 2600 One State Farm Plaza D-3 Mailing Address Denver, CO 80202 City, State, Zip Code Telephone: 303-297-2600 Mailing Address Bloomington, IL 61710-0001 City, State, Zip Code Telephone: 303-573-0975 Daytime number E -Mail: E -Mail: 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. Parcel Number R0295801 R0296001 R0296201 R0296301 _ R0296401 Actual Value 258 2,705 43,431,874 61,260- 1,391 43,497,488' TOTAL 6)561 /310(g5 WilDC. COLORADO August 19, 2009 IRECRV FD AUG 2 1 mo. MeF POER DENVER STATE FARM MUTUAL AUTOMOBILE INS CO O/O CORP TAX DEPARTMENT PP ONE STATE FARM PLAZA D-3 BLOOMINGTON, IL 61710-0001 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 #: R0295801 PARCEL #: 095712001005 - GR PROM PT L2 PROMONTORY LYING IN SEC 12 BEG ON W LN SEC 12 AT POINT ON S R/W LN HWY 34 BUS RTE S50' M/L TO POB TH S62D50'E 140' S17D12'E 286.28' TH ALGCURVE TO L (R=1140) CHORD=S18D53'E 51.91' TH ALG CURVE TO L (R=116) CHORD=S09D43'E 193.55' TH ALG C 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 $258 $258 2009-2161 AS0073 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO August 19, 2009 STATE FARM MUTUAL AUTOMOBILE INS CO CIO CORP TAX DEPARTMENT PP ONE STATE FARM PLAZA D-3 BLOOMINGTON, IL 61710-0001 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R0296001 PARCEL #: 095711002004 - GR PROM L2 PROMONTORY EXC NE POR LYING IN SEC 12 BEG ON W LN SEC 12 AT POINT ON S RAN LN HWY 34 BUS RTE S50' M/L TO POB TH S62D50'E 140' S17D12'E 286.28' TH ALG CURVE TO L (R=1140) CHORD=S18D53'E 51.91' TH ALG CURVE TO L (R=116) CHORD=S09D43'E 193.55' 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 $2,705 $2,705 2009-2161 AS0073 :rot COLORADO August 19, 2009 STATE FARM MUTUAL AUTOMOBILE INS CO C/O CORP TAX DEPARTMENT PP ONE STATE FARM PLAZA D-3 BLOOMINGTON, IL 61710-0001 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 #: R0296201 PARCEL #: 095711002008 - GR PROM L4A PROMONTORY EXC BEG ON S R/W LN HWY 34 BUS RTE AT N -S C/L SEC TH SODW 649.96' N89D08'W 767.09' N45D30'E 428' N53D46'E 572.57' TO POB SITUS: 1555 PROMONTORY CIR GREELEY 0 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 $43,431,874 $43,431,874 2009-2161 AS0073 catit Wine COLORADO August 19, 2009 STATE FARM MUTUAL AUTOMOBILE INS CO CIO CORP TAX DEPARTMENT PP ONE STATE FARM PLAZA D-3 BLOOMINGTON, IL 61710-0001 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 #: R0296301 PARCEL #: 095711002009 - GR PROM PT L4A PROMONTORY BEG ON S RAN LN HWY 34 BUS RTE AT N -S C/L SEC TH SODW 649.96' N89D08'W 767.09' N45D30'E 428' N53D46'E 572.57' TO POB 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 $61,260 $61,260 2009-2161 AS0073 fa:4t COLORADO August 19, 2009 STATE FARM MUTUAL AUTOMOBILE INS CO O/O CORP TAX DEPARTMENT PP ONE STATE FARM PLAZA D-3 BLOOMINGTON, IL 61710-0001 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 #: R0296401 PARCEL #: 095711002010 - GR PROM L4B PROMONTORY 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 $1,391 $1,391 2009-2161 AS0073 STATE FARM MUTUAL AUTOMOBILE INS CO - VARIOUS 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 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 OBOE 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 OBOE 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 2009-2161 AS0073 STATE FARM MUTUAL AUTOMOBILE INS CO - VARIOUS 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, CLC� c -,.�. 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 2009-2161 AS0073 BOARD OF ASSESSMENT APPEALS STATE OF COLORADO NOTICE OF HEARING SCHEDULE NO. R0295801+4 Petitioner(s): STATE FARM MUTUAL AUTOMOBILE INS. CO V. Respondent: WELD COUNTY BOARD OF EQUALIZATION DOCKET NO. 52833 Tax Year(s): 2009 The Board of Assessment Appeals will hear the above -captioned matter: Date: Time: Location: Time Allocated: April 28, 2010 8:30 AM Mountain Time on a trailing docket 1313 Sherman Street Room 315, 3rd Floor Denver, Colorado 80203 4 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 14, 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 dzyyu uai tutu -Yu) e1- / 7- / t) ‘9ocA- a s9-7 itS00 7 1 Hello