HomeMy WebLinkAbout20052632.tiff PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Only
1313 Sherman Street, Room 315 Phone: (303)866-5880 oaacet No.
Denver, Colorado 80203 Fax: (303)866-4485
Fee: Y N
ChecklCredit Card#
Date: 8/24/05 P F H
Property Owner: T & B Greeley LC by Kmart Corporation
Subject Property: 2400 W 29th, Greeley
Street Address City
Schedule Number(s): R2597586
Attach separate sheet If necessary
IZ Board of Equalization
Appeals the decision of the Weld 0 Board of Commissioners Dated: 8/5/05
County 0 State Property Tax Administrator
This Appeal concerns: ®Valuation ❑Refund/Abatement ❑Exemption ❑State Assessed Tax Year: 2005
The subject property is currently classified as:
❑Agricultural III Commercial 0 Exempt 0 Industrial 0 Mixed Use 0 Natural Resources
❑Oil&Gas 0 Personal ❑Possessory ❑Producing 0 Residential 0 State Assessed
❑Vacant Land Interest Mines
Parking lot for Kmart PARCEL 2 of 2
Actual Value assigned to subject property: S1 ,620,466 Petitioner's estimate of value: See Petition for
R0131594, to be
Estimated time for Petitioner to present the appeal: minutes or 1 .5 hours. considered as one
Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator.
economic unit.
Appearance:
❑Petitioner will be present at the hearing 0 Petitioner will appear by telephone
❑Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880
jlPetitioner will be represented by an attorney on the scheduled date and time of hearing(Mountain Time Zone)
Entry of Appearance to be furnished.
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).
® $101.25 Petitioner will be represented by an agent or by an attorney.
In the space below, please explain why you disagree with the value assigned to the subject property
County value exceeds fair market value based on stabilized income approach. It
appears that the local economy and population are unable to support all of tllb large
big box retailers. Gross sales have declined 50% since 2002.
thi /-- 7 - 9s 04 /7s7izs-7
y �� 2005-2632
Required attachments to this form:
❑ Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial
I$( Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator
Attachments required under certain circumstances:
01 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:
a Board of Equalization
Weld 0 Board of Commissioners
county El State Property Tax Administrator
at the following address: P.O. Box 758 , Greeley, CO 80634
on 8/24/O5
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 8/24/O5
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 8/24/05
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
� for
nature of Agent X or Attorney_ S lature of Petitioner
T & B Greeley LC, by
Kmart Corporation
Printed Name Printed Name
P.O. Box 22799
Mailing Address dA\
aikdt00o N O051328 0,p0 Mailing Address
City, . �PN��McFa8�5y
Houston, TX 77227
29o°dsio l000c*e City, State, Zip Code
Telepho or_ tce7 o1�`°� Telephone:
d,aOA�° Daytime number
E-Mail: 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.
AUG 1 5 2005
RESOLUTION ` y •-----------------
r _-
RE: THE BOARD OF EQUALIZATION, 2005, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
T& B GREELEY LC DBA
C/O KMART CORP BURR WOLFF LP
P O BOX 22799
HOUSTON, TX 77227-2799
DESCRIPTION OF PROPERTY: ACCOUNT#: R2597586 PARCEL#: 095924100004 -GR
17622-G PT NE4 24 5 66(GALLERY GREEN ANNEX)BEG NE COR SEC S688.26'TO SE COR
ANNEX N89D53'W 670.4' TO TRUE POB S0D02'E 421.64' N88D36'W 670.25 N0D05'W 739.95'
TO S LN 29 ST N89D51'E 157.99'TH ELYALG CURVE CONCAVE TO S 230.38'(R=960 CHORD
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 2005, 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 2005,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 $ 960,946
Improvements OR
Personal Property 659,520
TOTAL $ 1,620,466
2005-2264
AS0061
RE: BOE - T& B GREELEY LC DBA
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), 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.
2005-2264
AS0061
RE: BOE - T& B GREELEY LC DBA
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$150.00 per case. The arbitrator's fees and expenses,
not including counsel fees, are to be paid as provided in the decision.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
dipiona` WELD COUNTY, COLORADO
ATTEST: �'� t�y�i 14\ 14-2- %.
d .a,
%William H. Jerke, Chair
Weld County Clerk to the[oe E�"'% 1000.
tr.•
c� =XC USE D
BY: %tete, �o •r ��M. J. Geile, Pro-Tem
Deputy Clerk to the Boarw$, ` jr EXCUSED
D E. Long
APPRO AS TO FORM* �\ \\W (�
Rot D. Mas en V —
A nt ounty Attorney
Glenn Va
Date of signature: /0
2005-2264
AS0061
O1,
Kneel Corporation
Resource Center
3100 West Big Berry Road
Troy MI 480843163
STATEMENT OF AGENCY
This is to authorize Burr Wolff,LP,to act in our behalf as our agent in assessment
matters related to property owned,possessed or controlled by the undersigned. Any and
all previous authorizations are hereby revoked.
This agent is delegated full authority to handle all matters relative to assessments and to
represent us, with the assistance of legal counsel if necessary,in the appeal process.
Name: KMART CORPORATION
Mailing Address: P.O.BOX 22799
HOUSTON, TX 77227
Signed: % %?in\
Title:
Date:
Subscribed and sworn to before me on this day of E. sut ce. L 1 2005.
4- G( •
Notary Public
m and for the County of JEANETTE M.POLLOCK
V State of Notery R Meat Count%
MI •
My commission expires Acting in Oaidand Coilnl%mi
My Commission EsOIres November 10,2008
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