HomeMy WebLinkAbout20022516.tiff PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use
9/3/02 WELD ( ' i
Date: Docket Number
PETITIONER, ARC IV LLC c/o Marvin F. Poer& Company y N FEE
Name of Property Owner 20 SE? -9 i ri Q: 30
435 N. 35th Ave.#100, Greeley, CO C
Street Address,City,Zip Code of Subject Property Check No./Credit Card No.
Ir((��
ty
appeals the decision of the Weld FLEW:ryl$eeidbf Equalization P F H
County Name _ County Board of Commissioners
Property Tax Administrator
which was dated
8/7/02 (check one)
This appeal concerns: ✓ Valuation For tax year(s) 2002
Refund/Abatement
_ Exemption
_ State Assessed
(Check One)
CONCERNING COUNTY SCHEDULE NUMBER(S): R8022399
If more than one schedule number Is involved,please list on a separate page.
TYPE OF PROPERTY: This property is currently classified by the County as:
_ Commercial V Residential
(Check One) _ Agricultural _ Vacant Land
_ Personal _ Other(Specify)
ACTUAL VALUE: $14,533,000
Actual value of subject property for year in question as set by the County$
I believe the actual value of the subject property should be$ $4,000,000
REPRESENTATION: Please check appropriate response(s)
Petitioner will be present at the hearing
Petitioner requests a telephone conference call _(Petitioner will call on scheduled date at time of hearing.)
Petitioner will be represented by an agent ✓ or a Colorado Attorney ✓
ESTIMATED TIME FOR PETITIONER TO PRESENT THE APPEAL: 60 Minutes or 1 Hours
Not less than 30 minutes. Board will allow equal time to Respondent.
ATTACHMENTS: The following documents MUST BE ATTACHED to your appeal In order for the Board to accept filing.
1) The decision being appealed 2) Assessor's Notice of Denial OR Notice of Valuation
3) If an agent is filing or representing you a notarized letter of authorization will be needed from the Petitioner
4) Identify the names and last known addresses and telephone numbers of other parties "directly interested" in the petition
including co-owners.
CERTIFICATE OF MAILING _copy to each person identified In
attachment 4 above
I certify to the Board of Assessment Appeals that I have mailed or hand delivered V County Board of Equalization
one complete copy of this appeal to the Weld _County Board of Commissioners
County `_ . ^ _ Property Tax Administrator
in Greeley , Colorado on "9x9/02- {—15 ✓1) a4 . (check one-should be the same as the
City Date decision being appealed)
Ronald S. Loser #1685 Joseph D. Monzon
(Cade One) Agent or Attorney Petitioner's Signature
1700 Lincoln, Ste. 2222 410 17th St., Ste. 1730
Mailing Address Mailing Address
Denver, CO 80203 Denver,CO 80202
City,State,Zip City,State,Zip
(303) 866-9400 Tele hone: (303) 573-1154
Telephone: p
BM.1/REV2C01 Daytime number,please
t 42-er21 rtfe"frlai _ 2002-2516
RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2002, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND ADJUST VALUE IN PART
PETITION OF: ARC IV LLC
C/O PROPERTY TAX DEPARTMENT
P O BOX 13244
EL PASO, TX 79913-3244
L
DESCRIPTION OF PROPERTY: ACCOUNT#: R8022399 PARCEL#: 080535001001 - GR
SS1 L1 BLK1 STONEYBROOK SUB FILING #1 SITUS: 435 N 35 AV 100 GREELEY 0
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 2002, 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 2002, 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, 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 Board of Equalization, that the evidence presented at the hearing clearly
supported the value in excess of that placed upon the property by the Weld County Assessor.
Such evidence indicated the property was undervalued 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, adjusted as follows:
ACTUAL VALUE
AS DETERMINED ADJUSTED
BY ASSESSOR ACTUAL VALUE
Land $ 13,225,000 $ 14,533,000
Improvements OR
Personal Property 0 0
TOTAL $ 13,225,000 $ 14,533,000
2002-2115
AS0052
RE: BOE - ARC IV 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 thirty (30) days of this resolution:
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
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
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. Forfiling
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.
2002-2115
AS0052
RE: BOE - ARC IV 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 5th day of August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
A yam /, , /laid EXCUSED
Gle. - aad, Chair
to the Board
r i�+ ;Js % J / David E. Lon r,Pro-Tern
�r � yjr a 7o the Board
ti
A S TO FORM:
EXCUSED
illiam H. Jerke
Assi nt Co ty Attorney � �_ ��
R bert D. Masden
Date of signature: p(—c7—o-�-
2002-2115
AS0052
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