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Home My WebLink About20052752.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)866-448L Fee: Y N Check/Credit Card# Li Date: 9/1/2005 P F H Property Owner: Westlake Office Plaza, LLC Subject Property: 3459 W.20th Street,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: 8/10/2005 County ❑State Property Tax Administrator This Appeal concerns: ®Valuation DRefund/Abatement DExemption ❑State Assessed Tax Year: 2005 The subject property is currently classified as: ❑Agricultural 0 Commercial 0 Exempt 0 Industrial 0 Mixed Use 0 Natural Resources ❑Oil&Gas 0 Personal 0 Possessory 0 Producing 0 Residential 0 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 O Petitioner will appear by telephone O Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880 ©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). ® $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. OQ- /vz -OS-- ((I ; As' 0 2005-2752 Required attachments to this form: O Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial 21 Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: O 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: m Board of Equalization Weld ❑Board of Commissioners county 0 State Property Tax Administrator at the following address: 915 10th Street,P.O.Box 758,Greeley, CO 80632 on 9/1/2005 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 9/1/2005 • 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 9/1/2005 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. 39-8-1091 Si V"a i re of Agent ✓ or Attorney_ Signature of Petitioner Ian D.James Westlake Office Plaza do Investor's Group of Companies Printed Name Printed Name Deloitte Tax LLP,555 17th Street,Suite 3600 826 9th Street,Suite 100 Mailing Address Mailing Address Denver,CO 80202 Greeley,CO 80631 City, State, Zip Code City, State, Zip Code Telephone: (303)312-4041 Telephone: (970)356-6699 Daytime number E-Mail: ijames@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. 07/07/05 12:00 FAT WELD ASSESSOR ®003 =ere—t •..�_ _. ._ • • NOTICE OF DENIAL OFFICE OP COUNTY.ASSESSOB 1400 NORTH 17th AVE. aGR 17538-A PT SW4 12-5-66 WESTLAE GABBLEY,CO80631 • COMMONS EASEMENT VAC DEDICATION PHONE(970)353-3845,EXt.16so PLAT BEG SW COR SEC N891)55'B 600' EELEY,CO0.ue NODO4'W 50' 389D55'W 274 .68' TO 28 .14'W OWNERS ST 35 WESTLAK8OFFI AVE 0 CE PLAZA 5 LLC COLORADO • WESTLAKE OFFICE PLAZA LLC LOG 3857 1814 14 AVE PARCEL 095912300025 GREELEY, CO 80631 YEARN R0273493 2005 • The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that your property shouldbo included in the following category(ies): Cotmnsrcial 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 districts)hold budget bearings in the fall. Please refer to your tax bill or ask your Assessor fora listing of these districts,and plan to attend these budget hearings. The Assessor has carefully studied all available information,giving paNcular 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 arc: • Market and. income supports the assessor's value. • • PETITIONER'S - ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE • PRIOR TO REVIEW AFTER REVIEW COMMERCIAL 2580050 2580050 • • • • TOTALS $ • S 2�ann5U $ L°Otlrlt APPEAL DEADLINES: REAL PROPERTY—JULY 15,PERSONAL PROPERTY—JULY 20. If you disagree with the Assessor'a decision,you have the right to appeal to the County Board of Equalization far further Consideration. §39-8- 1060)(a),C.R.S. Please see the back of this form for detailed Information on Sling your appeal By: Stonier F.Sessions 06/30/2005 WELD COUNTY ASSESSOR DATE ADDITIONAL INFOR1VIATION ON REVERSE SIDE PR-u37-17m GtOwto 9 W, D S� RESOLUTION RE: THE BOARD OF EQUALIZATION, 2005, 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' N0D04'W 50' S89D55'W 274.68' TO TPOB S89D55'W 335.32' N45D09'W 28.14' TO E LN 35 AVE N0D14'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 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 being represented by Ian James, Deloitte.& Touche, LLP, 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 2005-2259 AS0061 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, 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. 2005-2259 AS0061 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 5th day of August, A.D., 2005. BOARD OF COUNTY COMMISSIONERS �jf �� `// p WELD COUNTY, COLORADO oisisiNATTEST: iate a �Z�U///� E°°L % Jerke, e, C Weld County Clerk to the : r' +tl1 ` illiam H. Jerke, Chair �Q j �( '� '�� CUSED BY: CG d ea &* r �, {. J. Geile, Pro-Tern Deputy Clerk to the Boa :% N \ i,EXCUSED D E. Long ��on APPROVED AS TO FORM: �\��" `"'�`Cc Robert D. Mas en Assistant-County Attorney ,? Glenn Va Date of signature: 2005-2259 AS0061 • • Investors Group of Companies, Inc. 826 Ninth Street, Suite 100 Bloke'age Greeley, Colorado 80631 Massagarcn nt Tel. 970.356.6699 Pnx 9J0.353.0660 Leasing 3333 East Camelback Road, Suite 253 410 anclis �� Phoenix,Arizona 85018 4.00 Tel. 602.954 2385 Fax 602.954.7086 Dees I„0,„,, i I N V E S TORS'' www investors-usa rs-usa.corn 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 :ecker Title: Controller/Broker Address: 826 9th Street, Suite 100 Greeley, CO 80631 Phone Number: 970-356-6699 Property Desc: Parcel Address Assessor State R0273493 3459 W 20 ST GREELEY Weld County CO Subscribed and sworn before me this — e- day of t- -iL , COOT ! '. • N.(Kt, "1k SOW of ec' s , •CZ) i Cal , ?af Myc —OS Westlake Office Hello