HomeMy WebLinkAbout20072765 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: e// VU
Property Owner: ft. U t0.M r sor L,L_ c-
Subject Property: //C-1 Ai a, ccf'e-amt C��inct;0 —
Street Address City
Schedule Number(s): R o /62w) I
Attach separate sheet if necessary
teoard of Equalization /
Appeals the decision of the 4)0-- 7,4 DBoard of Commissioners Dated: !o D
County [(State Property Tax Administrator
This Appeal concerns: 21///aluation ❑Refund/Abatement O Exemption ❑State Assessed Tax Year: Z OO7
The subject property�is currently classified as:
O Agricultural C7Commercial ❑Exempt O Industrial ❑Mixed Use ❑NaturalResources
o Oil&Gas O Personal OPossessory ❑Producing ❑Residential ❑State Assessed
❑Vacant Land Interest Mines
Actual Value assigned to subject property: )- W3? rQO Petitioner's estimate of value: i c)9 C 5
Estimated time for Petitioner to present the appeal: minutes or / ks hours.
Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator.
Appearance:
❑Pe�titioner will be present at the hearing OPetitioner will appear by telephone
@Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880
❑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,
exdusive 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).
V$101.25 Petitioner will be represented by an agent or by an attorney.
/fJJ In the space below, please explain why you disagree with the value assigned to the subject property
U ctrt-.Iyye to IN. g, J e_r JJ c. eN
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Required attachments to this form:
fOssessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial
m/Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator
Attachments required under certain circumstances:
VA 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:
7 el oard of Equalization
ti /r ❑Board of Commissioners
County p 0 State Property Tax Administrator
at the following address: / / 4.7I g 0 oV 7 ce re-thy, t;Q
on x//7/0 ) gOO'
Da
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
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 e to the Board of Assessment Appeals at 1313 Sherman Street, Room
315, Denver,CO 80203 on �/ U
7
ate
(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 o Agent_or Attorney 0 Signature of Petitioner
/eat, r ��¢Va!� Tl C jnJi'ncA5ar LLC
Printed Name Printed Name
ZoO ( ) ,# rft t /,.79C 6 /ca. eit 'DaY
Mailing Address Mailing Address 7
yl/t9 Gp / l 5 A1/ 5- LC /3 Lk. 14c- r C,c �C 30
City, State, Zip Code / City, State, Zip Code
Telephone: ?<? �K / 7 3 O 3 Telephone: 3o3 — W 7 � Zb
Daytime number
Cie Pi
E-Mail: / A10 0.A,yr s cent"stVc-lood":o+) r, 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.
7O6 01:Ups From-NASH FINCH COIfANY 16528441044 T-330 P.002/00Z F-325
ASH FINCH COMPANY PRfOR NONCE
DRI
LETTER OF AUTHORITY
TO
ACT IN MATTERS OF AD VALOREM TAXATION
We do hereby appoint and authorize Assessment Valuation Services,Inc. to represent our
firm as ad valorem tax agent. They have the right to file applications,examine any records,
and discuss or appeal any tax assessments to the appropriate authorities for the purpose of
obtaining the proper tax values relative to the following property owned or controlled by this
company: /i
Former Steele's Market rf
1159 W.Main Street
Windsor,CO /(f
if
Kris B tm
TITLE: to ger
COMPANY NAME&ADDRESS: Nash Finch Company
Attu Real Estate Department
PO Box 355
Minneapolis,MN 55440-0355
BEFORE ME,the undersigned,a Notary Public within and for the County of
Hennepin,State of Minnesota,personally appeared Krlstie Bohn-Berman who acknowledged
to me that this certificate of authority was executed for the purposes herein expressed.
WITNESS MY HAND and notarial seal this 10th day of May,2006.
Notary Public My Commission Expires
SANDRA ANNE MING ■ v
NDIARY FUSUC-WMNWSOTENNA
Wawa somas st.som
r
P.O. Box 355,Minntapolis, MN 55440-0355
7600 France Avenue South, Minneapolis, MN 55435 Ph. 952-832-0534 • Fx. 952-844-1234
Lb1 T ER CM \UT}IOR1 1 Y
iC)
ACT I\ MATTERS Of- AD V:\I,ORF.YI TAXA- ION
We do hereby appoint and authorize Assessment Val•.s.itit►n':r.ices, Inc to represent our
firm as ad valorem tax agent they have the right to file applications. any records.
and discuss or appeal any tax assessments to the appropriate.authorities for the purpose eif
obtaining the proper tax values relatit a to:he following property owned or ctmirctlted by this
company:
former'te+rie•s \T,irl.t•t
ilc9 W. Main Stmt.!
Wsnd'or,CC)
BY: �..7 ti .
COMPANY \AMF & , flDRNS Tt•}'o Wind,..or. I I C G
15W.I Itrtnidwav
tioulder,CO 803'2
BFFORF AMF. the undersigned, a Notary Pnhlie within anti for the.County of
(✓'x . . . f State of _...�_._ personal' appeared
•`f .J • who.ti ltnott it'ilgu t k'me that this rt.rt,I i..ite ut .ntt1 ,rity was
executed for the pttrpu�eti herein exprr•st tl.
‘VITNESS MY i f ti ttl� a:.1t of • itlfr
v . P gp yip .
votan' I'uhltc � f'‘?' l- �l
: h,t ,:r;mis' t l:- i apart
9
OF C
� .a'
,t`` 0-
NOTICE OF DENIAI, ltFFct:oTC01!NIYASSI?Stt)R
woo NORTH 17th AVE.Olt/ WIN 2WW-5 1,5 WINDSOR WEST SUB 2ND OREFLEY,('(181631
FILING 1159 W MAIN ST WINDSOR PI4ONEP>70)Js3-ssns.Err 3650
? 00550 wu>,.mummcotra iitri! I Tr i
f' ti �`•a OWNER: TEDO WINDSOR LLC !�}) '
13 6 .40.0
POBBOXITDSOR LLC „M1
I PARCEL 080720128005
�� • ACCOUNT R0161294
BOULDER, CO 80306-1996 4c . . �� YEAR 2007
The appraised value of property is based on the appropriate consideration of the approaches o value required by law. 'rho Assessor has determined that
your property should be included in the following catcgory(ics):
Commercial property is valued by considering the cost , market,
and income approaches.
If your concern Is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget
hearings hi the fall Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings.
the Assessor has carefully studied all available information,giving particular attention In the specilics locladed on your protest.and has determined the
valuation's)assigned to your property. The reasons for this determination of value arc:
Colorado case law requires the Assessor to recognize contract rent over market
rent .
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE
PRIOR TO REVIEW AFTER REVIEW
2437500 2437500
COMMERCIAL
TOTALS b
$ 2437500 S2437500
__ _
- -__- -APPEAL.DEADLINES: REAL PROPER-IN it;I.Y $6.PERSONAL PROPERTY-JULY 20.
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-I06(1)(a),C.R.S. TO PRESERVE YOUR APPEAL RICH IN.YOU MAY IIE REQt.1R ED TO PROVE THAT YOU FILED A'I INF:I.Y APPEAL;
THEREFORE.WE RECOMMEND ALL CORRESPONDENCE RE MAILED Willi PROOF or MA ITIN ;.06/2Y 200'7
By: Christopher M. Woodruff DATE
COUNTY ASSESSOR
ADDITIONAL INFORMATION ON REVERSE SIDE
RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2007, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
TEBO WINDSOR LLC
PO BOX T
BOULDER, CO 80306-1996
DESCRIPTION OF PROPERTY: ACCOUNT#: R0161294 PARCEL#: 080720128005-WIN
2WW-5 L5 WINDSOR WEST SUB 2ND FILING 1159 W MAIN ST WINDSOR 80550
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 2007, 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 2007,claiming that the property described in such petition was assessed too
high, as more specifically stated in said petition, and
WHEREAS, said petitioner being represented by Ron Novak, 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 $ 326,394
Improvements OR
Personal Property 2,111,106
TOTAL $ 2,437,500
2007-2211
car /9S O4 PET "6;O AS0067
2/4 4,7,50'7
RE: BOE -TEBO WINDSOR 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.
urt.
Further appeal of the District Court's decision is made to the Court of Appeals
fora 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.
2007-2211
AS0067
RE: BOE -TEBO WINDSOR 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 arbitrators 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 2nd day of August, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
W COU TV, COLORADO
ATTEST: ELI/ I �j� �� d J <., �}
(' =iy =David E. Long, Chair ►/
Weld County Clerk to th O
�� � �kV
EXCUSED
O William r Pro-Tem
BY:
D=puty Clerk tithe Boarrv�'�
William F. Garcia
APPROVED AS TO FORM:
EXCUSED
0 Robert D. Masden
Assistint Coanty Attorney ej
Doug a demacher
Date of signature: /a/ OO7
2007-2211
AS0067
rece0 CLERK TO THE BOARD
PHONE (970) 356-4000 EXT 4226
FAX: (970) 35 352-0242
915 10TH STREET
P.O. BOX 758
1 GREELEY, COLORADO 80632
C.
COLORADO
August 2, 2007
Dear Petitioner(s):
The Weld County Board of Equalization, pursuant to Colorado law, has heard your petition
challenging the Assessor's valuation of your property. Enclosed you will find a Resolution of the
Board, explaining the action taken on your petition, as well as your options for appeal.
If you have questions, please do not hesitate to contact me at 356-4000, Ext. 4226.
Very truly yours,
BOARD OF EQUALIZATION
G x.14
Esther E. Gesick
Deputy Clerk to the Board
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