HomeMy WebLinkAbout20022336.tiff PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use
Date: August 21, 2002
Jeff L. &Jann M. Demaske by and through Poudre Valley Lodging Dvl mt LLC Docket Number
PETITIONER, 9 9 9 P N FEE
Name of Property Owner
1265 Main Street Windsor, CO 80550
Street Address,City,Zip Code of Subject Property Check No/Credk Card No.
appeals the decision of the Weld ✓ County Board of Equalization P F H
County Name _ County Board of Commissioners
Property Tax Administrator
(check one)
which was dated August 6, 2002
This appeal concerns: ✓ Valuation For tax year(s) 2002
_ Refund/Abatement
_ Exemption
_ State Assessed
(Check One)
CONCERNING COUNTY SCHEDULE NUMBER(S): 0807-20-2-03-007
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 _ Residential
(Check One) _ Agricultural _ Vacant Land
_ Personal _ Other(Specify)
ACTUAL VALUE:
Actual value of subject property for year in question as set by the County $ $1,000,000
I believe the actual value of the subject property should be$ $790,000
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: 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 ✓ County Board of Equalization
one complete copy of this appeal to the Weld _ County Board of Commissioners
in Greeley - County _ Property Tax Administrator
Colorado on August 21. 2002 (check one-should be the same as the
City ,r Date decision being appealed)
Mike Walte�1 ''"//C//
(Circle One Agem r Attorney Petitioner's Signature
Bridge&Associates P. O. Box 280367
Mailing Address Mailing Address
Lakewood, CO 80228
City,State,Zip City,State,Zip
Telephone: 303-237-6997 Telephone: 5 DD5,
BM /REV,ret Daytime number,please
Cape et (O Cam/ A 2002-2336
8=�rrG-oa
RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2002, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
DEMASKE JEFF L &
2380 27 ST
GREELEY, CO 80634
DESCRIPTION OF PROPERTY: ACCOUNT#: R6811197 PARCEL#: 080720203007 -
WIN WTCII2-2 LOT 2 WINDSOR TOWN CENTER II 2ND FLG SITUS: 1265 MAIN ST
WINDSOR 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 being represented by Mike Walter, Bridge and Associates,
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 $ 181,124
Improvements OR
Personal Property 818,876
TOTAL $ 1,000,000
As, 2002-2101
a
C I As, Q4, �c-F. AS0052
RE: BOE - DEMASKE JEFF L &
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, 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),
CRS)
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. 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), CRS)
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, CRS)
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.
2002-2101
AS0052
RE: BOE - DEMASKE JEFF L &
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., 2002.
BOARD OF COUNTY COMMISSIONERS
W LD COU TY, COLORADO
-a41 �/
ATTEST: �•�. - , ��
'•�r� Clerk to the Board
David E. Lo , Pro-Tern
' 1861
pu rk to the Board
M. J. eile )
S TO FORM: 41/40.4.44.24.
W"t & 1
{ �l H. Jerk M
Assist ht Coin Atto y �O VLL
Robert D. Masden
Date of signature: f 'O (' ' d og--
2002-2101
AS0052
• May 28 02 01 :36p Jr•'RNEY HOMES 970-191944 p. 1
• trot a71lm2 61:26 303-21 757 BRIDGE AND AC;
PF f' 02
Pk:send all correspondence to AM:istIZAnote TO APDEAS Ea r,MS THE
Bridge&Associates teE721 COUNTY ASSLS60H WQ OUNTy
Appraisal Office SOWED OF SQOALIZ 1 ION SHL
P.O.Soo 200367
COLORADO BOARD OF Al 1 nna1SNT
Lakewood.CO 80223 APPEAL4. ALL COI OSADO sat: :COURTS
Pb: 02337-69f7 EHALF OF THE OWNER-O ':tECOED
Tart 3832) 3--1757 BRIDGE a ASSOCIATES OF REAL! 10PERTY
PROPERTY TAX SERVICES
1, POUDRE VALLEY LODGING DEVELOPMENT LLC owner and'x agent of the over of re 1 property
("the Property") located at 1265 MAIN STREET WINDSOR CO 80550 and described more spe uically as
Schedule No.(s) 080720203007 do hereby authorize Bridge&Associates to r fin:sent
my behalf before the Weld County Assessor, the Weld County ri. interests and to ap sin on my
Appeals and all Colorado state courts for wi Baud any F atteds)icc' the g the valuation a Hoon of. s sesameo
thefor tax yen 2002. purposes which arise from maBer(s)co sinning the and t ratieo of
Property y and all previous years as allowed by applicable Cob:ado law and the riles and z Nlanons
of the above-referenced ems.
I further authorize Bridge &Associates to appear as a witness at all form:I or informal of `it above-
referenced entities and to testify as to the valuation of-hehearings
>'mFrerY and to the nu:utacy of any facm7al doc limitation
submitted on my behalf in connection with the Property.
The Board of undersigned request that copies of ant decisions from the Weld I'aunty Assessor, the We I County
Equalization, and the Colorado Board of Assessment Appeals be ins:l d to: Bridge & Asso. 3tee, 820
Simms Street 612,P. O. Box 280367 Lakewood,CO 80228.
Further, the underssgned expressly revokes all previous authorizations relating to the Property and t : subject
mars referenced herein. This authorization is subject to the terms and condition; set forth in that certain Colorado
Property Tax Consulting Agreement" signed and dated at the same time, which cis authorization is attack c to and
incorporated into.
Dazed this 4> day of rin C(}1 200c
Owner, Poudre Valley Lads :ut Development LLC
Federal Tax ID4: 9 -134ara '
By:S&Lc A /�}�f'u
Title: ) r !/1kyv yi✓z/3 A4 r ec"
STATE OF COLORADO ) Phone: [970)339-1940
COUNTY OF ) SS
Swarm to and subscribed befom me this erg day of /1/q _.200 a by
cAei 10 /nor,-.S
Witness my hand and official seal.
My Commission mutes Nove`nbc, 0 74-.020 Notary```����FE.o�q Address Public/o y rod A c rya)? Ca �O 68
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The following is a list of "directly interested" parties to the attached Petition to State Board of
Assessment Appeals, who will also receive a copy of the petition, along with the Board and the County
Board of Equalization/Board of County Commissioners.
Sheila Morris Jeff& Jann Demaske
Poudre Valley Lodging Development LLC
3080 West 29th Street Unit B 2380 27 Street
Greeley, CO 80631 Greeley, CO 80634
(970) 339-1940
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