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HomeMy WebLinkAbout20072955.tiff For Office Use Only PETITION TO STATE BOARD OF ASSESSMENT APPEALS 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: 8/30/2007 P F H Property Owner: Eastman Kodak Company Subject Property: 9952 Eastman Park Dr.,Windsor,CO Street Address City Schedule Number(s): R4674207 Attach separate sheet if necessary OBoard of Equalization Appeals the decision of the Weld ❑Board of Commissioners Dated: 8/2/2007 County ❑State Property Tax Administrator This Appeal concerns: EValuation O Refund/Abatement ❑Exemption ❑State Assessed Tax Year: 2007 The subject property is currently classified as: ❑Agricultural 0Commercial ❑Exempt ❑Industrial 0Mixed Use ❑Natural Resources ❑Oil & Gas ❑Personal ❑Possessory ❑Producing ❑Residential ❑State Assessed ❑Vacant Land Interest Mines Actual Value assigned to subject property: $48,071,260 Petitioner's estimate of value: $32,565,760 Estimated time for Petitioner to present the appeal: 240 minutes or 4 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: 0 Petitioner will be present at the hearing ❑Petitioner will appear by telephone El Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880 0 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: ❑ None Petitioner is appearing pro se (self-represented) and has not fled 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 The property is valued in excess of fair market value based on the three approaches to value;cost, market and income approaches. In addition,the property is valued in excess of other similarly situated properties.properties. /_ 7, fl(y r jfc CA 2007-2955 Required attachments to this form: 0 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 ❑ 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: t7 Board of Equalization Weld ❑Board of Commissioners County O State Property Tax Administrator at the following address: 915 10th Street, Greeley, CO 80632 on 8/30/2007 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 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 8/30/2007 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 E or ey O Signature of Petitioner Matthew W. Poling Eastman Kodak Company Printed Name Printed Name Deloitte Tax LLP, 555 17th St., Suite 3600 3414 N. Duke Street Mailing Address Mailing Address Denver, CO 80202 Durham, NC 27704 City, State, Zip Code City, State, Zip Code Telephone: (303)308-2191 Telephone: (919)382-6612 Daytime number E-Mail: mpoling@deloitte.com 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. NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOI 1400 NORTH 17th AVE 6 W2 26-6-67 EXC BEG AT C4 COR SEC GREELEY,CO 8063: 26 S00D25'E 1320 . 21' TO C S 1/16 PHONE(970)353-3645,EXT.365( COR TH S89D40'W 138 . 47' TO E BACK www.co.weld.co.u: OF CURB LN ON LITHOPLATE DR TH ALG Vi`'D a CURVE OWNER:TOEASTRMAN30 . 05)KODAK COSD CURB N24D531E 52 . 19' TH ALG COLORADO DELOITTE & TOUCHE LLP LOG 4029 555 SEVENTEENTH STREET SUITE 3600 PARCEL 080726200008 ACCOUNT R4674207 DENVER, CO 802023942 YEAR 2007 Owner: EASTMAN KODAK CO The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that your property should be included in the following category(ies): Industrial 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 in 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 to the specifics included on your protest,and has determined the valuatioq(s)assigned to your property. The reasons for this determination of value are: Jo change has been made to the valuation of this property. Colorado law :equires us to send this notice of denial for all properties on which we do not adjust the value. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW VACANT LAND 7196800 7196800 INDUSTRIAL 40803200 40803200 AG LAND 71260 71260 TOTALS $ $ 48071260 $48071260 APPEAL DEADLINES: REAL PROPERTY-JULY 16,PERSONAL PROPERTY-JULY 20. f 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. TO PRESERVE YOUR APPEAL RIGHTS,YOU MAY BE REQUIRED TO PROVE THAT YOU FILED A TIMELY APPEAL; IIEREFORE,WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING0 6/2 7/2 0 0 7 3y: Christopher M. Woodruff WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE NOD 207 62 67/07 • RESOLUTION RE: THE BOARD OF EQUALIZATION, 2007, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: EASTMAN KODAK CO ATTN CORP TAX DEPT - 1ST FLR 3414 N DUKE ST DURHAM, NC 27704 DESCRIPTION OF PROPERTY: ACCOUNT#: R4674207 PARCEL#: 080726200008 -W2 26-6-67 EXC BEG AT C4 COR SEC 26 S00D25'E 1320.21' TO C S 1/16 COR TH S89D40'W 138.47'TOE BACK OF CURB LN ON LITHOPLATE DR TH ALG SD CURB N24D53'E 52.19'TH ALG CURVE TO L(R=130.05)CHORD=N12D20'E 57.14'TH NOD12'W 82.36'TH ALG CURVE TO L ( 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 not being 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 $ 24,078,300 Improvements OR Personal Property 23,992,960 TOTAL $ 48,071,260 2007-2285 ��• R� 474,40e7,-,e6--)4 AS0067 o _ o me,'7 RE: BOE - EASTMAN KODAK CO PAGE 3 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 3rd day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /�'���J ATTEST: /�'!/r/ EXCUSED David E. Long, Chair unty Clerk to the Board a I f1 G , ` William H. Jerk -Tem 1g61 ,r :Deputy Clerk to the Board and William F. Garcia �. fED AS TO FORM: " EXCUSED (H yes Robert D. Masden U ( CP1 Ass tant C my ,Attorney es ouglas ademacher Date of signature: e7/0 2007-2285 AS0067 CLERK TO THE BOARD rirt PHONE (970) 356-4000 EXT 4226 FAX: (970) 352-0242 915 10TH STREET IP.O. BOX 758 DGREELEY, 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 Esther E. Gesick Deputy Clerk to the Board EASTMAN KODAK COMPANY 4020 Stirrup Creek Drive, Ste. 100 Durham, NC 27703 LETTER OF AUTHORIZATION To Whom It May Concern: Property Owner Name: Eastman Kodak Co Hereby appoints and authorizes Deloitte Tax LLP as taxpayer's property tax representative on all matters pertaining to the 2007/2008 ad valorem taxes relating to the property listed below. Until written notice of termination is issued, Deloitte Tax LLP may have the right to, exclusive to the below listed property, examine property tax records, obtain all property tax statements, and discuss or appeal any property tax assessments with the proper authorities, when in their opinion, the property tax assessment does not constitute fair market value. Additionally, Deloitte Tax LLP has the right to file property tax appeals to the appropriate jurisdiction, if authorized by law. By: 4,,,,s0,..„4._. gh,..„___ Name: Li nn W T \c ct. Title: Dlra-c.-1-or - Sake,s , ULcc, Prop.Ttti< Address: Li02O S-brrtnp Ceres Ac. Dr. , • too Dm- hewn f NG 211O3 Phone Number: (q(c1) 3%2-" (c)Li 19 Property Description: Parcel No. Address Jurisdiction State R4262106 Weld County Colorado R4674207 9952 Eastman Park Dr. Weld County / ` Colorado Su ribed and sworn before me this I(Q day of clik � l�/� I brre PublicPublic '( r /�V /, .f , State of IC StiA., (6WV�'� County of -1)(Lt kik '� Kodak My commission expires l Q Official Imaging P «,Y�" I�( ��� Sponsor of the Olympic Games Hello