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Home My WebLink About20052264.tiff RESOLUTION 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 0/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 SOD02'E 421.64' N88D36'W 670.25 NOD05'W 739.95' TO S LN 29 ST N89D51'E 157.99'TH ELY ALG 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 cc AS iQi✓k at-/a-CC 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 P1≥ WELD COUNTY, COLORADO LieuATTEST: ,� � f William H. Jerke, Chair Weld County Clerk to the[,oe XCUSED M. J. Geile, Pro-Tem BY: I NI Deputy Clerk to the Boar EXCUSED D E. Lon a APPRO AS TO FORM• Rob rt D. Mas en As ' nt o nu ty Attorney Glenn Va _- Date of signature: �(/O 2005-2264 AS0061 NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. 6 GREELEY,EXT.3650 631 GR 17622-G PT NE4 24 5 66 PHONE(970) R E EY45, CO1 (GALLERY GREEN' C BEG NE COR SEC $688 .26' TO SE COR ANNEX www_co.weld.co.us N89D53'W 670.4' TO TRUE POB SOD02'E 421 .64' N88D36'W 670.25 N0D05'W ape 739 . 95' TO S LN 29 ST N89D51'E OWNER: T & B GREELEY LC DBA COLORADO T & B GREELEY LC DBA LOG 4317 C/O KMART CORP BURR WOLFF LP PARCEL 095924100004 P O BOX 22799 ACCOUNT R2597586 HOUSTON, TX 77227-2799 YEAR 2005 The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has detet'ined that your property should be included in the following category(ies): Commercial property is valued by considering the cost, market, and income approaches. If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special district()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 change has been made to the valuation of this property. Colorado law requires us to send this notice of denial for all properties on which we do not adjust the value. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW COMMERCIAL `vC® 1620466 1620466 tC 400 5UR ts0A TOTALS $ $ 2S2AACc $ l enCIAC6 APPEAL DEADLINES: REAL PROPERTY—JULY IS,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. By: Stanley F.Sessions 06/23/2005 WELD COUNTY ASSESSOR DATE ADDITIONAL INFORMATION ON REVERSE SIDE PR-30727/03 YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION The County Board of Equalization will sit to hear appeals beginning July I and continuing through August 5 for real property(land and buildings) and personal property(furnishings, machinery, and equipment). § 39-8-104 and §39- 8-107(_), C.R.S. APPEAL PROCEDURES: If you choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County Board of Equalization. To preserve your right to appeal,your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15 FOR REAL PROPERTY, AND JULY 20 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone(970)356-4000 Ext.4225 NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION'S DETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determination within five business days of that decision. The County Board must conclude its hearings and render decisions by August 5. TAXPAYER RIGHTS FOR FURTHER APPEALS: If you are not satisfied with the County Board of Equalization's decision you must file within thirty days of the County Board of Equalization's written decision with ONE of the following: Board of Assessment Appeals (BAA): Contact the BAA at 1313 Sherman,Room 315,Denver, Colorado 80203, (303)866-5880. www.dola.colorado.sov/baa District Court: 9th Avenue and 9th Street,P.O. Box C Greeley, Colorado 80632 Telephone (970)356-4000, Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley,Colorado 80632 Telephone(970) 356-4000, Ext. 4225 If you do not receive a determination from the County Board of Equalization,you must file an appeal with the Board of Assessment Appeals by September 12. TO PRESERVE YOUR APPEAL RIGHTS,YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL; THEREFORE,WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. ITI A A A 2 of 2 In the space below,please explain why you disagree with the Assessor's valuation. IN ACCORDANCE WITH § 39-8-106(1.5), C.R.S., IF YOUR APPEAL INVOLVES REAL PROPERTY,YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. $5 , 500 ,000 Total for Accounts R0131594 and R2597586 - one economic unit . County Value Exceeds fair market value . We wish to seek an administrative denial in order to file a higher appeal before the County Board of Equalization. Therefore, please deny this petition and we will file to the next level . JP Rand for Burr Wolff LP 2900 NE 60TH ST.#205 .71405 Stn i� U'�G II[LONER Gladstone, MO 64119-1329 DA EE 816-455-4700 Fax 816-455-5140 dmcintire@burrwolff.com jrand@burrwolff.com PR-10747/03 Kmart Corporation Resource Center 3100 West Big Beaver Road Troy MI 48084-3163 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: b \ %\\,. T Title: N ` �Yo Nog. Date: Subscribed and sworn to before me on this day of _t:/ At.et.,L , 2005. • 'Notary Public m and for the County of JEANETTE M.POLLOCK State of Notary Public, Macomb County, MI My commission expires Acting in Oakland County, MI My Commission Expires November 10,2006 �441\ , CLERK TO THE BOARD �I�' PHONE (970) 356-4000 EXT 4217 FAX: (970)352-0242.co.us WEBSITE: www.co.weld. co.us I 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 WI P C. COLORADO July 20, 2005 T & B GREELEY LC DBA C/O KMART CORP BURR WOLFF LP P O BOX 22799 HOUSTON TX 77227-2799 Parcel No.: 095924100004 Account No.: R2597586 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 5, 2005, at or about the hour of 11:30 AM,to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Department of Planning Services, Conference Room, 918 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5,2005,and mailed to you on or before August 12, 2005. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please request it directly from the Assessor's Office by fax (970) 304-6433, or by calling (970) 353-3845. Upon receipt of your request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information. T & B GREELEY LC DBA - R2597586 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION LUML47 Donald D. Warden Clerk to the Board cc: Stanley Sessions, Assessor BURR WOLFF LP 2900 NE 60TH STREET #205 GLADSTONE MO 64119-1329 Hello