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Home My WebLink About20072654 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 if Date: August 10, 2007 P F H Property Owner: Saddleback Golf Club,LLC do Tax Profile Services,Inc. Subject Property: 8631 Frontier Street, Firestone, CO 80520 Street Address City Schedule Number(s): R0544901 Attach separate sheet if necessary ❑Board of Equalization Appeals the decision of the Weld O Board of Commissioners Dated: August 3, 2007 County O State Property Tax Administrator This Appeal concerns: ['Valuation O Refund/Abatement El Exemption OState Assessed Tax Year: 2007 The subject property is currently classified as: ❑Agricultural Cl Commercial ❑Exempt ❑Industrial ❑Mixed Use ❑Natural Resources ❑Oil &Gas O Personal ❑Possessory ❑Producing ❑Residential ❑State Assessed p Vacant Land Interest Mines Actual Value assigned to subject property: $2,303,142 Petitioner's estimate of value: $1.500,000 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: ❑Petitioner will be present at the hearing OPetitioner will appear by telephone O 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, 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 The Assessor has relied exclusively upon the Cost Approach in valuing this property. Subject property is a daily tee golf course with an established operating history. Over the last five years revenues have remained flat,and rounds have decreased,both at the subject property and throughout the entire state of Colorado.Additional courses have opened, increasing competition. A substantial reduction is warranted. The subjects operating data has been supplied to the assessor p,.�,,.,, tCd 6�1.Yit�r'"n,G' s`�r4 2007-2654 '-1- Oglaao 7 m t. ASC�A 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 U Board of Commissioners County p State Property Tax Administrator at the following address: 915 10th Street, P.O.Box 758, Greeley, CO 80632 on August 10, 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 August 10, 2007 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 August 10, 2007 Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) Petitioners Mailing Address is Required Even If Petitioner is Represented by An Agent or Attorney (per C.R.S. 39-8-109) uu � 'A . - -.. • Signatur: of j'j! omey .. Signature of Petitioner Jeffrey M.Monr. _ . Thomas P.O'Malley Printed Name Printed Name 1380 South Santa Fe Drive, Suite 200 8631 Frontier Street Mailing Address Mailing Address Denver, CO 80223 Firestone, CO 80504 City, State, Zip Code City, State, Zip Code Telephone: 303-077-0504 Telephone: 303-833-5000 Daytime number E-Mail: monroe@golftax.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. STATEMENT OF AGENCY SADDLEBACK GOLF CLUB, LLC hereby appoints TAX PROFILE SERVICES,INC. 8631 Frontier Street 1380 S. Santa Fe Drive, Suite 200 Firestone, Colorado 80504 Denver, Colorado 80223 Telephone: 303.833.5000 Telephone: 303.477.4504 (hereinafter"Taxpayer") (hereinafter"TPS") as its representative and agent in connection with the valuations for assessment of Taxpayer's real and personal property known as SADDLEBACK GOLF CLUB located in Firestone, Weld County, Colorado, (hereinafter "the Property") for assessment years 2007 and 2008. TPS shall have full authority to: I. Review all applicable records relating to the valuation for assessment for the Property; 2. Discuss the valuation for assessment of the Property with the County Assessor, or any of his or her representatives, as to the amount of valuation which TPS deems appropriate in the circumstances; 3. Accept on behalf of the Taxpayer any valuation for assessment; and 4. Pursue any statutory remedies which Taxpayer may possess, before the County Assessor, County Board of Equalization, State Board of Assessment Appeals, District Court,Appellate Courts, the Supreme Court, or in binding arbitration, in the Taxpayer's name and on Taxpayer's behalf with - regard to the Property. This appointment of agency shall remain in effect until revoked in writing by the parties. SADDLEBACK GOLF CLUB, LLC ( • _3 z U Thomas P. O'Malley, ManagingMemb ate 1 STATE OF COLORADO ) ss. COUNTY OF WELD SUBSCRIBED AND SWORN TO(or affirmed) before me this,?/s/' day of Vt Lk," , 2007, by Thomas P. O'Malley. My col b lE of SALYJ.TOWER NOTARY PUBLIC 1 STATE OF COLORADO / 1 , My Commission Expires Apr.27,2007 ,Notary Cublic • NOTICE OF VALUATION stet-1 a t _REAL PROPERTY LEGAL DESCRIPTION: This Is Not a Tax Bill 91219Wit M Woodruff FIR PT 19.2-87(ZADEL d ZADEL 2ND ANNE Assessor X))BEING PARCELS A-B-C-O-E AS DESC IN B Ciieel ARGAIN a SALE DEED REC 12813046 12113/0 ey 0&ALSO['ESC IN QUIT CLAIM REC 1281863 appeitimgco.weld.co.us .co.us p �ry TF� Date: MAY 1,2007 LpHLEFFFFC��pRpcc'I'IC DA 1400 N 1 TH AVENUEt/07 TELEPHONE NO:6:30-4:30 (970)353-3845 x-3650 FAX NO: (970)304-6433 SADDLEBACK GOLF CLUB LLC 8831 FRONTIER ST FIRESTONE CO 80504.5448 T9 pAAAXXXX Y R: 2007• TACC 3 165 P0544901 CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE COMMERCIAL 1558782 2303142 744360 TOTAL 1558782 2303142 744300 Parcel# 131119000005 Account# R0544901 To appeal by mail,list your name,address,and phone number below,detach the lower portion of this notice and mail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue Greeley,CO 80631 Phone: An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is projected to be 7.96 •/., Generally,all other property,including vaunt land,is assessed at 29%of actual value.§39-1-104(1)and (1.5),C. .S. • Your property was valued as it existed on January I of the current year. • The tax notice you receive next January will be based on this value, • Your right to appeal your property value expires on June 1,2007. • All property in Colorado is revalued every odd year. APPRAISAL PERIOD: The appraisal data used to establish your real property value was from the 18 month period ending June 30,2006. Your value is based on comparable sales of properties during that period. If the senior citizen property tax exemption has been applied to your property,it is not reflected in the value shown above. The following property characteristics were used to estimate your property value: OCCUPANCYI GOLF COURSE *CODE OCCUPANCY2 GOLF CART STORAGE BL OCCUPANCY3 2000 HOUSE YEAR BUILT TOTAL BLDG SO FT 9386 TOTAL COMMERCIAL SO FOOTAGE - 9386 TOTAL BUILDING COUNT 5 •lle moire towage laud is the total exterior muse footage and may include other structures on the property. Inpovmwua swans an neucwa,bedding•.amen,,files,and wmm rights erected upon or affixed to land,whether or not nth a such turd ha,le n.cg.ieed,t 39-1-102(7),C.R.S. Nov uNnlrsew, NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. \` \ FIR PT 19-2-67 (ZADEL & ZADEL 2ND GREELEY,CO80650 ANNEX) BEING PARCELS A-B-C-D-E AS PHONE(970)353-3845,Ext 3650 DESC IN BARGAIN/ & SALE DEED REC EELEY,www.co.CO80631 QUIT3CLAIM2 EC/13/#2818638 ALSO 1/11DESC 0IN KNOWN COURSE OWNER:ASS DLLEBACKKGOLLFFCLUB LLC COLORADO C/O TAX PROFILE SERVICES INC LOG 3635 1380 S SANTA' FE DRIVE SUITE 200 PARCEL 131119000005 ACCOUNT R0544901 DENVER, CO 80223 YEAR 2007 Owner: SADDLEBACK GOLF CLUB LLC - 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): 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 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 valuation(s)assigned to your property. The reasons for this determination of value are: The Colorado Constitution requires commercial property to be valued based on actual value and assessed at 299. Replacement cost, market, and income are approaches used to determine the actual value of your property. Your valuation is supported by the appraisal procedures required by law. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW COMMERCIAL 2303142 2303142 TOTALS $ $ 2303142 $2303142 APPEAL DEADLINES: REAL PROPERTY-JULY 16,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. §39-8-106(1)(a),C.R.S. TO PRESERVE YOUR APPEAL RIGHTS,YOU MAY BE REQUIRED TO PROVE THAT YOU FILED A TIMELY APPEAL; THEREFORE,WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. 06/27/2007 By: Christopher M. Woodruff WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE NOD 207 62 87/07 RESOLUTION RE: THE BOARD OF EQUALIZATION, 2007, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: SADDLEBACK GOLF CLUB LLC 8631 FRONTIER ST FIRESTONE, CO 80504-5448 DESCRIPTION OF PROPERTY: ACCOUNT#: R0544901 PARCEL#: 131119000005- FIR PT 19-2-67(ZADEL&ZADEL 2ND ANNEX)BEING PARCELS A-B-C-D-E AS DESC IN BARGAIN &SALE DEED REC#2813046 12/13/00&ALSO DESC IN QUIT CLAIM REC#2818638 1/11/01 KNOWN AS SADDLEBACK GOLF COURSE (6D) SITUS: 8631 FRONTIER ST FIRESTONE 80502 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 Jeff Monroe and Tom O'Malley, 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 CountyAssessor 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 $ 992,480 Improvements OR Personal Property 1,310,662 TOTAL $ 2,303,142 2007-2284 /9.75 C'iJ ,eaoT,EcL7° AS0067 o f, RE: BOE - SADDLEBACK GOLF CLUB 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 3rd day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS �,,, ,®,� �� WELD COUNTY, COLORADO ATTEST: ,fL4 4/ ' EXCUSED p David E. Long, Chair Clerk to the Board n William -Tem 1161 t.; 1 i c to the Board c 4"- a 4 . William F. Garcia ;.,APPR brAS TO FORM: EXCUSED n Robert D. Masden Assi nt Co ty Attorney c • Douglas Rademach r Date of signature: 1/7/O 7 2007-2284 AS0067 Hello