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Home My WebLink About20062550 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: 8/31/2006 P F H Property Owner: Greeley Shopping Center LLC Subject Property: 4711-4759 29th Street, Greeley,CO 80634 Street Address City Schedule Number(s): R3118504 Parcel#095922149001 Attach separate sheet if necessary ®Board of Equalization Appeals the decision of the Weld O Board of Commissioners Dated: 8/3/2006 County O State Property Tax Administrator This Appeal concerns: EJValuation DRefund/Abatement ❑Exemption O State Assessed Tax Year: 2006 The subject property is currently classified as: DAgricultural ❑Commercial O Exempt O Industrial O Mixed Use O Natural Resources ❑Oil &Gas O Personal O Possessory O Producing ❑Residential O State Assessed ❑Vacant Land Interest Mines Actual Value assigned to subject property: $16,235,894 Petitioner's estimate of value: $9,197,218 Estimated time for Petitioner to present the appeal: -- minutes or 4.00 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: O Petitioner will be present at the hearing O Petitioner will appear by telephone ❑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) Except as provided in §13-1-127 (2)and (2.5)C.R.S. 2000, a corporation must appear under the representation of a licensed attorney. See BOP Industries v. State Board of Equalization, 694 P.2d 337 (Colo. App. 1984). 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). 0 $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 actual value assigned to this property by the assessor is excessive. Appropriate consideration of the cost, income, and market approaches to value indicate a lower actual value. �aal�7lrh O.�2 OC' ASE C (or2- Af- //-1 2006-2550 Required attachments to this form: El Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial See Attachment 1 O Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator See Attachment 2 Attachments required under certain circumstances: ❑ 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: WI Board of Equalization Weld ❑Board of Commissioners county 0 State Property Tax Administrator at the following address: 910 10th Street, P.O. Box 758, Greeley,CO 80632 on 8/31/2006 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 N/A 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 8/31/2006 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. 39-8-1091 �p a^"- v v Greeley Shopping Center LLC Signature of A nt_or orney ✓ Signature of Petitioner Alan Poe do Kimco Realty Corp. Printed Name Printed Name Holland&Hart LLP,8390 E.Crescent Parkway, Suite 400 3333 New Hyde Park Road# 100, P.O. Box 5020 Mailing Address Mailing Address Greenwood Village,CO 80111 New Hyde Park,NY 11042-0020 City, State, Zip Code City, State, Zip Code Telephone: 303-290-1616 Telephone: 516-869-7181 Daytime number E-Mail: apoe@hollandhart.com E-Mail: PDooley@kimcorealty.com Attorney Reg. No.: 7641 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. Attachment 1 to Petition to State Board of Assessment Appeals Greeley Shopping Center LLC NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. GR GCM L1 GREELEY COMMONS MINOR GREELEY,CO 80631 4735 29 ST GREELEY 8O634OOOO 4759 PHONE(970)353-3845,EXT.3650 46t*'‘ 29 ST GREELEY 000000000 4711 29 ST www.co.weld.co.us GREELEY 806340000 4727 29 ST GREELEY 806340000 • OWNER: GREELEY SHOPPING CENTER LLC COLORADO HOLLAND AND HART LLP LOG 584 ATTORNEYS AT LAW PARCEL 095922149001 8390 E CRESCENT PARKWAY SUITE 400 ACCOUNT R3118504 GREENWOOD VILLAGE, CO 80111-2800 YEAR 2006 Owner: GREELEY SHOPPING CENTER 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 approacnes . 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: No clia:ice. has hen made to the valuation of this property. :'oic_ado law '-reouires '..s .c. send this• notice ^r denial for .ail. 2ropertls on which we 3o not adjU.. ' :hF: rai.Ue . _ PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW • COMMERCIAL 16235894 i.6235394 TOTALS $ $ 162.35894 16235894 APPEAL DEADLINES: REAL PROPERTY-JULY 15,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. Please see the back of this form for detailed information on filing your appeal. 06/28/2006 By: Stanley F. Sessions • WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE PR-207.87/03 Attachment 2 to Petition to State Board of Assessment Appeals Greeley Shopping Center LLC AUG-31-2006 THU 11 :33 ±11 WELD CO GOVT FAX NO. 9703520242 P. 02 RESOLUTION RE: THE BOARD OF APPEAL AND EQUAUZATION, , 200M 6, WELD COUNTY,S VALUE COLORADO - DENY PETITION OF: GREELEY SHOPPING CENTER LW C/O KIMCO REALTY CORP 333 NEW HYDE PARK RD#100 PO BOX 5020 NEW HYDE PARK, NY 11042-0020 DESCRIPTION OF PROPERTY: ACCOUNT#: R3118504 PARCEL ft: 095922149001 -GR GCM L1 GREELEY 000ELEY 0000 COMMONS4711 2 TMGREELEY 1;06340 O0 4727 29 SR 4735 29 ST GREELEY T GREELEY806340000 0 4759 29 T 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 2006, 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 2006,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 $ 2,506,304 Improvements OR Personal Property 13,729,590 TOTAL $ 16,235,894_ 2006-2048 AS0064 00 C45,OPc, Pt-y atoaroG AUG-31-2006 THU 11 :33 AM WELD CO GOVT FAX NO. 9703520242 P. 03 RE: BOE-GREELEY SHOPPING CENTER 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 am 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)i cin to the Board at o testimony,of Assessmentexhibit or g any als (BAA). Such hearing is the finalhearing other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, onW 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 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. 2006-2048 AS0064 AUG-31-2006 THU 11 :34 AM WELD CO GOVT FAX NO. 9703520242 P. 04 RE: DOE-GREELEY SHOPPING CENTER 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 also phas the power for toadminister ster oaths, and a documents and other evidence.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 5O1 and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon an you and the OBOE. In the case of residential real property, guch fees expenses cannot exceed$150.00 per case. The arbitrator's fees andexpenses not including counsel fees, are to be paid as provided in es ion. The above and foregoing Resolution was. on motion duly made and seconded, adopted by the following vote on the day of August,A.D., 2008. BOARD OF COUNTY COMMISSIONERS ,1, f 1.,6 WELD OUNTY ORADO ATTEST: r M. elle, Chair Weld County Clerk tot . r ti� J David E. Long, Pro-Tem� BY: EXCUSED Deputy Cl e ro the Bard William H. Jerks �� (� APPROVED AS TO FORM: D Nf U `i 4� Ro a 161 Ass' ant C my tinier v Glenn Wad Date of signature: 1 2006-2048 AS0064 Hello