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Home My WebLink About20082414.tiff PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Only 1313 Sherman Street, Room 315 Phone: (303)866-5880 Docket No. Denver, Colorado 80203 Fax: (303) 866-4485 Fee: Y N Check/Credit Card# Date: August 12, 2008 P F H Property Owner: MCW-RC CO-GREELEY LLC c/o Marvin F. Poer and CompAn y Subject Property: 4632 Centerpiece Dr et al Greeley Street Address City Schedule Number(s): See attached Attach separate sheet if necessary Appeals the decision of the Weld 0 Board of Equalization pp ['Board of Commissioners Dated: 8/7/2008 County O State Property Tax Administrator This Appeal concerns: ®Valuation O Refund/Abatement ❑Exemption ❑State Assessed Tax Year: 2008 The subject property is currently classified as: ❑Agricultural 0 Commercial ❑Exempt O Industrial ❑Mixed Use ❑NaturalResources ❑Oil &Gas f Personal ❑Possessory O Producing ❑Residential O State Assessed ❑Vacant Land Interest Mines Actual Value assigned to subject property: $19,660,333 Petitioner's estimate of value: $17,500,000 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 EPetitioner will appear by telephone 0 Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880 Ill Petitioner will be represented by an attorney 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: o 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 ASSESSOR'S VALUE EXCEEDS MARKET and-ed � CO r. /1s, AS OO lo`i 0�- as-oe- 8- cR-Lt Required attachments to this form: O 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: O A notarized Letter of Authorization if an agent will be representing Petitioner O 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: 0 Board of Equalization Weld ❑Board of Commissioners county O State Property Tax Administrator at the following address: 1400 c� North 17th Avenue Greeley, CO 80631 on L' 6 U 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 I on -( 1 -Qg • 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 �—T O O 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 ® Signat e etitioner Ronald Loser Josep onzon Printed Name Printed Name 1099 18th Street Suite 2600 11823 Radium Dr Mailing Address Mailing Address Denver, CO 80202 San Antonio, TX 78279 City, State, Zip Code City, State, Zip Code Telephone: 303-297-2600 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 lActual Value R2132803 $733,083 R2133403 $18,927,250 Total $19,660,333 q512- 'Ks RESOLUTION RE: THE BOARD OF EQUALIZATION, 2008, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: MCW-RC CO-GREELEY LLC C/O PROPERTY TAX DEPARTMENT PO BOX 790830 SAN ANTONIO, TX 78279-0830 DESCRIPTION OF PROPERTY: ACCOUNT#: R2132803 PARCEL#: 095914308001 -GR CP L1 CENTERPLACE SITUS:4632 CENTERPLACE DR GREELEY 000000000 WHEREAS, the Board of County Commissioners of Weld County,Colorado,convened as the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the assessment and valuation of real and personal property within Weld County, fixed and made by the County Assessor for the year 2008, and WHEREAS,said petition has been heard before the County Assessor and due Notice of Determination thereon has been given to the taxpayer(s), and WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's valuation for the year 2008,claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS,said petitioner was not present or represented, and WHEREAS,the Board has made its findings on the evidence,testimony and remonstrances and is now fully informed. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Weld County Board of Equalization, that the evidence presented at the hearing clearly supported the value placed upon the Petitioner's property,after review by the Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 315,413 Improvements OR Personal Property 417,670 TOTAL $ 733,083 RECEIVED 2008-2074 AUG 1.'1 2008 ee: ,%, CA,/47 S070 off' M.F.POER DENVER RE: BOE-MCW-RC CO-GREELEY LLC PAGE 2 BE IT FURTHER RESOLVED that 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 39-6-102(10), C.R.S.) Appeals to the BAA must be made on forms furnished by the BM, 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. 2008-2074 AS0070 RE: BOE- MCW-RC CO-GREELEY LLC PAGE 3 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 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. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 31st day of July, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: iitelf, I . issi '{F=Xi �o. William H. Jerke, Chair Weld County Clerk to t i B • ' c 1. EXCUSED Robert D. ad Pro-Tern BY: /I.1111 / ��: /!5/j tA. ) t Deputy Cler o the Board William F. Garcia APPROVED AS TO FORM: EXCUSED David E. Long VSAaLiaike Assittint Ccbfity Attorney U � .�. .� .-. ugl ademac r Date of signature: IVO, 2008-2074 AS0070 05(0191917/5-a RESOLUTION RE: THE BOARD OF EQUALIZATION, 2008, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: MCW-RC CO-GREELEY LLC C/O PROPERTY TAX DEPARTMENT PO BOX 790830 SAN ANTONIO, TX 78279-0830 DESCRIPTION OF PROPERTY: ACCOUNT#: R2133403 PARCEL#: 095914308008-GR CP L8 CENTERPLACE SITUS: 4548 CENTERPLACE DR GREELEY 000000000 SITUS:4626 CENTERPLACE DR GREELEY 000000000 SITUS: 4552 CENTERPLACE DR GREELEY 000000000 SITUS: 4530 CENTERPLACE DR GREELEY 000000000 SITUS: 4520 CENTERPLACE DR GREELEY 000000000 WHEREAS, the Board of County Commissioners of Weld County,Colorado,convened as the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the assessment and valuation of real and personal property within Weld County,fixed and made by the County Assessor for the year 2008, and WHEREAS, said petition has been heard before the County Assessor and due Notice of Determination thereon has been given to the taxpayer(s), and WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's valuation for the year 2008,claiming that the property described in such petition was assessed too high,as more specifically stated in said petition,and WHEREAS,said petitioner was not present or represented, and WHEREAS,the Board has made its findings on the evidence,testimony and remonstrances and is now fully informed. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Weld County Board of Equalization, that the evidence presented at the hearing clearly supported the value placed upon the Petitioner's property,after review by the Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 3,723,430 Improvements OR Personal Property 15,203,820 RECEIVED TOTAL $ 18,927,250 2008-2075 AUG 11 2008 cc:Asi4, '6 3 ,e&-yo AAS00070OS) M.F.POER DENVER RE: BOE-MCW-RC CO-GREELEY LLC PAGE 2 BE IT FURTHER RESOLVED that 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 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. 2008-2075 AS0070 RE: BOE-MCW-RC CO-GREELEY LLC PAGE 3 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 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. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 31st day of July,A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: o � ' "s William H. Jerke, Chair Weld County Clerk to t.t w � '•e'" H Y r1�, EXCUSED Robert D. sro-Tem BY: (49 Deputy Clerk :the Board William . Garcia APPROVED AS TO FORM: EXCUSED ( �� David E. Long 0As ant county Attorney / s?al 41�Q / �Q,lnw M6+.-- D ugl ademachtr Date of signature: sT/`T//�O 2008-2075 AS0070 Hello