HomeMy WebLinkAbout20062638.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: 8/29/2006 P F H
Property Owner: Westlake Office Plaza,LLC
Subject Property: 3459 W.20th St.,Greeley
Street Address City
Schedule Number(s): R0273493
Attach separate sheet if necessary
0 Board of Equalization
Appeals the decision of the Weld 0 Board of Commissioners Dated: 8/1/2006
County 0 State Property Tax Administrator
This Appeal concerns: 0Valuation ❑Refund/Abatement DExemption ❑State Assessed Tax Year: 2006
The subject property is currently classified as:
❑Agricultural El Commercial 0 Exempt ❑Industrial 0 Mixed Use 0 Natural Resources
❑Oil &Gas ❑Personal 0 Possessory ❑Producing ❑Residential ❑State Assessed
❑Vacant Land Interest Mines
Actual Value assigned to subject property: $2,580,050 Petitioner's estimate of value: $2,090,000
Estimated time for Petitioner to present the appeal: 240 minutes or 4.00 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 0 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)
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 (Cob.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).
El $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.
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2006-2638
Required attachments to this form:
❑p Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial
0 Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator
Attachments required under certain circumstances:
RI 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:
El Board of Equalization
Weld 0 Board of Commissioners
County 0 State Property Tax Administrator
at the following address: 915 10th Street, P.O.Box 758,Greeley, CO 80632
on 8/29/2006
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 8/29/2006 •
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 8/29/2006
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.
39-8-109)
ignature of Agent ✓ o rney_ Signature of Petitioner
Matthew W.Poling Westlake Office Plaza LLC do Investors Properties of Colo
Printed Name Printed Name
Deloitte Tax LLP,555 17th St.,Suite 3600 2850 McClelland Drive
Mailing Address Mailing Address
Denver,CO 80202 Fort Collins, CO 80525
City, State, Zip Code City, State,Zip Code
Telephone: (303)308-2191 Telephone:
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.
A-rW-lAIrtrvz,
RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2006, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
WESTLAKE OFFICE PLAZA LLC
1814 14 AVE
GREELEY, CO 80631
DESCRIPTION OF PROPERTY: ACCOUNT#: R0273493 PARCEL#: 095912300025-GR
17538-A PT SW4 12-5-66 WESTLAKE COMMONS EASEMENT VAC&DEDICATION PLAT BEG
SW COR SEC N89D55'E 680' NOD04'W 50' S89D55'W 274.68' TO TPOB 589D55'W 335.32'
N45D09'W 28.14' TO E LN 35 AVE NOD14'W 229.16' TO S LN ROLLING HILLS 3RD ADD
N89D53'E 355
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 $ 441,790
Improvements OR
Personal Property 2,138,260
TOTAL $ 2,580,050
2006-2046
C(' '. ha, c R, P0 if? -7' pg5oy-Do
RE: BOE -WESTLAKE OFFICE PLAZA 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, ggly 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.
2006-2046
AS0064
RE: BOE-WESTLAKE OFFICE PLAZA 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 1st day of August, A.D., 2006.
' BOARD OF COUNTY COMMISSIONERS
EWELD OUNTY -ORADO
ATTEST: Lehi .;/, y, _ =' doer
Geile, Chair
Weld County Clerk to th4� . ema
� " "�i� David E. Long, Pro-Tem
BY: / .✓id:' �i1 !..�.,.�i 9
Deputy Cle :the Board EXCUSED
W ' Jerke
APPROVED AS TO FORM:
Robert D. Mas en
As ' tanuntyAttomey tii/urr(jr)
Glenn Vaad
Date of signature: , L/
2006-2048
AS0064
NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR
-- 140ONORIH-MAME.
a GR 17538 A PT SW4 12-5-66 WESTLAKE v GRFELEY,CO80631
00 COMMONS EASEMENT VAC Se-
DEDICATION,
PLAT BEG SW COR SEC N89D55'E 680' PHONE(9/o)3533845,EXT 3 s
NOD04'W 50' S89D55' W 274 . 68' . TO wwwco•welA w us
: ,
II ' TPOB S89D55'W 335 . 32' N45D09'W
i28 . 14' TO LN 35 AVE NOD19 'W
d OWNER WESTLAKE OFFICE PLAZA LLC
30L0 ADO:
DELOITTE & TOUCHE LLP LOG 621
555 SEVENTEENTH STREET SUITE 3600 PARCEL 095912300025
ACCOUNT R0273493
DENVER, CO 802023942 YEAR 2006
Owner:- WESTLAKE OFFICE ?LAZA LLC
e-appraised value•of property is based on the-appropriate-consideration'bithe approathes to value required by law.'The Assessor has detemunedthat 5
it property should be included in the following category(ies):
mmercial property is valued by considering the cost, market,
d income approaches.
'our concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget
wings 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.
Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest,and has determined the
uation(s)assigned to your property. The reasons for this determination of value are:
ohai'1ye 1a-i :seen made CO LlIC ialuation of this piz -,el"ty, €u CLaUV LAW
4uires us r. , send '. his not Lce of denial for all Dtopert1 es on vhich;-ne in :-ot
just-, :he .ralne
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE
OF VALUE ACTUAL VALUE ACTUAL VALUE
PRIOR TO REVIEW AYttR REVIEW
COMMERCIAL 2580050 258OO5O
TQT L$ $ g 25$0050 „, G--258005.0 - .
-' APPEAL DEADLINES: REAL PROPERTY-JULY 15,PERSONAL PROPERTY-JULY 20.
on disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration. §39-8-
(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal.
06/28/2006
Stanley F. Sessions
WELD COUNTY ASSESSOR DATE •
ADDITIONAL INFORMATION ON REVERSE SIDE
PR-207-i7/03
Investors Group of Companies, Inc.
826 Ninth Street.Suite 100
Brokerage Greeley,Colorado 80631 _
Te1:'970.356.6'99 - —
Management Management , `Fax 970.353.0669
Leasing 3333 East Camelback Road,Suite 253
Financing Phoenix,Arizona 85018
Acquisitions Tel. 602.954.2385
Fax 602.954.7086
Development INVESTORS- www.investors_u,a.com
LETTER OF AUTHORIZATION
To Whom It May Concern:
Property Owner Name: Westlake Office Plaza LLC
Hereby appoints and authorizes Deloitte Tax,LLP as taxpayer's representative to represent our firm's
property and all property controlled by our firm or any of its subsidiaries of partnerships on all
matters pertaining to the 2005 and 2006 ad valorem taxes. Until written notice of termination is
issued, they have the right to file returns, examine records, obtain all tax statements, and discuss or
appeal any tax assessments to the proper authorities when, in their opinion, the assessment does not
constitute fair market value. In addition they have the right to file appeals to the appropriate
jurisdiction, if authorized by law.
By: —�
Name: Jon t ecker
Title: Controller/Broker
Address: 826 9th Street, Suite 100
Greeley, CO 80631
Phone Number: 970-356-6699
Property Desc:
Parcel Address Assessor State
3459 W 20 ST GREELEY� Weld County CO
Subscribed and sworn before me this 9— day of `'` c pos-
cis �' Via'
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Westlake Office
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