HomeMy WebLinkAbout20052263.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#: R0131594 PARCEL#: 095924100075 - GR
17622-M PT NE4 24 5 66 (MEYER ANNEX) BEG NE COR SEC S688.26' TO SE COR TR 5
GALLERY GREEN ANNEX N89D53'W 610.67' TO TRUE POB SOD02'E 180' SOD01'E 740.95'
N88D36'W 729.43' TO E LN GALLERY GREEN 4TH ANNEX NOD05'W 497.99' TO SW COR
TRACT 3 GALLER
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:
2005-2263
(le ` /�TS; �L� AS0061
� Off-/O - OS-
RE: BOE - T & B GREELEY LC DBA
PAGE 2
ACTUAL VALUE
AS DETERMINED
BY ASSESSOR
Land $ 776,964
Improvements OR
Personal Property 5,182,054
TOTAL $ 5,959,018
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
2005-2263
AS0061
RE: BOE - T& B GREELEY LC DBA
PAGE 3
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.
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
WELD COUNTY, COLORADO
ATTEST: L / j! t`
86I ( , : -,William H. Jerke, Chair
Weld County Clerk to th:�.o.r. Wm,
ate EXCUSED
fF? . q M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Boar.. EXCUSED
D id Lon
APPROV AS TO FORM:
Robe D. Ma en \V
As iistent-Bounty Attorney
Glenn Va
Date of signature: "a
2005-2263
AS0061
Weld County
STANLEY F. SESSIONS COUNTY ASSESSOR
CHRISTOPHER WOODRUFF, DEPUTY ASSESSOR
APPRAISAL REPORT
OF
COMMERCIAL PROPERTY
FOR
County Board of Equalization
T & B GREELEY LC DBA
T & B GREELEY LLC
PETITIONER
vs.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Parcel Number: 0959-24-1-00-075 &
0959-24-1-00-004
Schedule Number: R0131594 & R2597586
Log Number: 4316
Date: August 5, 2005
Time: 11:30 AM
Board: OBOE
PREPARED BY
STEVE MALLETT
Signature Date
Signature Date
ASSESSOR'S OFFICE STAFF APPRAISER
CBOE_COMM_010998
Page 1
SALIENT FACTS AND CONCLUSIONS
Purpose of Appraisal To determine Market Value as of 1/1/05 based on an
appraisal date of 6/30/04.
Property Rights Appraised Unencumbered fee simple interest.
Location 2400 W 29 ST
GREELEY
Land Area 868,955 Square Feet
Zoning
Property Type Commercial
1— Discount Store
Year Built 1994
Quality Average
Class Masonry
Number of Stories 1
Improvement Sq. Ft. 172,261
Mezzanine: 7,740
Value Indications:
Land $1,737,910.00
Cost Approach $7,898,030.00
Market Approach $8,613,000.00
Income Approach $14,720,000.00
ASSESSOR'S VALUE $7,579,484.00
CBOE_COMM_010998
Page 2
COST APPROACH
LAND VALUE
Sales utilized to establish the value in the subject neighborhood are from 2003 and the first six
months of 2004 for the 2005 assessment date. The comparative sales approach is the most reliable
method of land valuation. Pursuant to 39-104-(10.2) (c) C. R. S., the Assessor may utilize sales from
July 1999 through the June of 2004 to establish the proper value, if sufficient information is not
available in the prior 24 months. Also, comparables outside the subject property area may be used.
The Weld County Assessor has an established ongoing sales confirmation and validation program for
property transactions used in developing value.
The land size of the subject is 388,482 square feet. Comparable commercial land in the subject area
is valued at $4.00 Per SF per square foot.
Address Sale Date Sale Price Land Size Per Sq
Ft
Target Corporation
Comparable 1 4400 Centerplace 12/13/02 $1,950,000 479,327 SF $4.07
Drive, Greeley
Lowes
Comparable 2 2400 47th Avenue, 4/29/04 $2,750,000 580443 SF $4.74
Greeley
Dexter Development
Comparable 3 SEC 47th Avenue & 12/31/03 $4,300,000 1,671,832 SF $2.57
24th Street,
Greeley
ASSESSOR'S LAND VALUE
$2.00 X 868,955 SF = $1,737,910.00
CBOE_COMM_010998
Page 3
SUBJECT PHOTO
- .j CHOP;
COST APPROACH SUMMARY
The Assessor is currently using Marshall and Swift cost tables for the cost approach of commercial
properties in Weld County, which has been approved by the Division of Property Taxation to be
utilized by Colorado Assessors.
The structure has been classified properly utilizing the Marshall and Swift Valuation service and an
appropriate value assigned. A land value has likewise been established through the utilization of
vacant land sales of comparable properties.
Improvement Value 6,160,120.00
Land Value 1,737,910.00
TOTAL VALUE BY THE COST APPROACH
7,898,030.00
CBOE_COMM_010998
Page 4
MARKET APPROACH
COMPARABLE DISCOUNT STORE SALES
# ADDRESS Grantor/Grantee Date of Sale Price Square Price
Sale Foot Per SF
Subject Kmart 172,231 $44.00
2400 W 29th
Street, Greeley
1 Country General Frank Benton/
2699 47th FSY Partnership 9/30/2002 $3,950,000 62,550 $63.15
Avenue, Greeley
2 Frontier Academy David Calvin/
2500 & 2560 W Frontier Academy 10/25/2001 $6,300,000 54,910 $114.73
29`h Street,
Greeley
3 Hobby Lobby& Walmart Realty/ 11/30/2004 $3,750,000 87,166 $43.02
Hasting Lamar 2000
3001 23`d Avenue Holding Corp.
Greeley
MARKET CALCULATIONS
SUBJECT 172,261 SQ. FT. TIMES $50.00 PER SQ. FT. EQUALS $8,613,050
ROUNDED TO $8,613,000
CBOE_COMM_010998
Page 5
INCOME APPROACH
KMART
2400 W 29TH STREET
GREELEY, CO
THE SUBJECT PROPERTY IS LEASED BY KMART FOR 25 YEARS STARTING ON NOVEMBER
29TH 1993 AND RUNNING THRU NOVEMBER 28TH 2018. THIS TRIPLE NET LEASE HAS AN
ANNUAL BASE RENT OF $1,339,000.
BASE RENT 1,339,000
LESS 10% VACANCY & COLLECTION LOSS -133,900
EFFECTIVE INCOME 1205,100
LESS 5% MANAGEMENT & RESERVES -60,255
NET OPERATING INCOME 1,144,845
CAPITALIZATION RATE 9%
INCOME VALUE 12,720,500
ROUNDED TO 12,720,000
CBOE_COMM_0 10998
Page 6
FINAL RECONCILIATION
COST APPROACH MARKET APPROACH INCOME APPROACH
$7,898,030.00 $8,613,000.00 $12,720,000.00
ASSESSOR'S VALUE
$7,579,484.00
CBOE_COMM_010998
Page 7
NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR
1400 NORTH 17th AVE.
Vt\lj6 GR 17622-M PT NE4 24 5 66 (MEYER GREELEY,Co.3631
�' ANNEX) BEG NE COR SEC $688 .26' TO PHONE(970)363-3845,EXT 3650
SE COR TR 5 GALLERY GREEN ANNEX www.co.weld.co.us
N89D53'W 610.67' TO TRUE POB
S0D02'E 180'N88D36'W
OWNER: T & 40 . 95'
729.43'
BGREELEY7LC GALLERY
DEA
COLORADO
T & B GREELEY LC DBA LOG 4316
C/O KMART CORP BURR WOLFF LP PARCEL 095924100075
P O BOX 22799 ACCOUNT R0131594
HOUSTON, TX 77227-2799 YEAR 2005
r ,l
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 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 districts)hold budget
hearings In the fall. Please refer to your tax bill or ask your Assessor(or 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 5959018 5959018
REc aVED
JUL G 1DD5
BUR wolf?
HusION
TOTALS $ $ 5959018 595901a
APPEAL DEADLINES: REAL PROPERTY-JULY 15,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-S-
106(I)(a),C.R.S. Please see the back of this form for detailed information on tiling your appeal.
By: Stanley F.Sessions 06/23/2005
WELD COUNTY ASSESSOR DATE
ADDITIONAL INFORMATION ON REVERSE SIDE
PR407.87Po]
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(_4), 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.gov/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.
PETITION TO THE COUNTY BOARD OF EQUALIZATION
1 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. $5 , 500,000 Total for Account #R0131594 and R2597586 - one
economic unit.
County value exceeds fair market value.
We wish to seek an administrative denial in order to file a higher appeal
before the County Board of Equalization. Therefore , please deny this
petition and we will file to the next level .
1 �l
JP Rand for Burr Wolff LP 7//4/O—e-:
RSAE� 2900 NE 60TH ST.#205 DAIS
Gladstone,MO 64119-1329
816-455-4700 Fax 816-455-5140 PR-207417/03
dmcintire@burrwolff.com
jrand@burrwolff orn
Karart Corporalion
Resource Center
3100 West Big Beaver Road
Troy MI 480843163
STATEMENT OF AGENCY
This is to authorize Burr Wolff, LP,to act in our behalf as our agent in assessment
matters related to property owned,possessed or controlled by the undersigned. Any and
all previous authorizations are hereby revoked.
This agent is delegated full authority to handle all matters relative to assessments and to
represent us,with the assistance of legal counsel if necessary, in the appeal process.
Name: KMART CORPORATION
Mailing Address: P.O. BOX 22799
HOUSTON, TX 77227
Signed: err N **
Title: s1/4 \tra N,,,,
Date: a'-1$t
Subscribed and sworn to before me on this day of` 4i u. a .L�. , 2005.
Notary Public
in and for the County of JEANETT-E M. POLLOCK
State of Notary Public, Macomb County, MI
My commission expires Acting in Oakland County, MI
My Commission Expires November 10,2006
( CLERK TO THE BOARD
PHONE (970)356-4000 EXT 4217
FAX: (970)35 .co.us
WEBSITE: w (97 )352 0242
' 915 10TH STREET
111 P.O. BOX 758
C. GREELEY, COLORADO 80632
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.: 095924100075 Account No.: R0131594
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- R0131594
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 gdyDonald D. Warden
Clerk to the Board
cc: Stanley Sessions, Assessor
BURR WOLFF LP
2900 NE 60TH STREET #205
GLADSTONE MO 64119-1329
Burr Wolff•Gladstone 816.455.4700 tel
2900 NE 60th Street,Suite 205 816.455.5140 fax
Gladstone,MO 64119-1329
www.burrwolff.com
_ 7,1 ,1.
Sent Via Federal Express
._fm
BLII R
\\/C)I-FF
August 3, 2005
State&Local Tax Solutions
Weld County
Board of Equalization
c/o Clerk to the Board
915 10th St.
Greeley, CO 80632
RE: Scheduled Hearings—August 5u' 11:30 AM
Accounts R0131594 and R2597586
T & B Greeley LC by Kmart Corporation
Dear Sir or Madam:
When we filed the Petitions to the BOE July 14th on the above accounts, our Petition's
stated that we were seeking an administrative denial in order to file to a higher level.
(State Board of Assessment Appeals) We are in the process of having an outside
appraisal done on this property and therefore need additional time to have it completed.
Therefore, I will not be appearing at the scheduled hearing.
If there are any questions or problems with this request, please let us know via call, fax or
email.
Sincerely,
Y;&?Celf(-
JP Rand
Consultant to Kmart Corporation
jrand@burrwolff.com
reit(' CLERK TO THE BOARD
PHONE (970)356-4000 EXT 4217
FAX: (970)352-0242
WEBSITE: www.co.weld.co.us
91510TH STREET
IID P.O. BOX 758
C. GREELEY, COLORADO 80632
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.: 095924100075 Account No.: R0131594
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 in or b#'
ED
RE
JUL 2 ���� 2005
BURR WOLFF
HOUSTON
T & B GREELEY LC DBA- R0131594
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
wilialt
Donald D. Warden
Clerk to the Board
cc: Stanley Sessions, Assessor
BURR WOLFF LP
2900 NE 60TH STREET #205
GLADSTONE MO 64119-1329
RECEIVED
JUL 2 5 2005
BURR WOLFF
HOUSTON
(it a CLERK TO THE BOARD
PHONE EXT
FAX: (970)352-0242
WEBSITE: www.co.weld.co.us
915 10TH STREET
P.O. BOX 758
C. GREELEY, COLORADO 80632
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.
RECEIVED
JUL 2 a 2005
BURR WOLFF
HOUSTON
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
AtsMilan
Donald D. Warden
Clerk to the Board
cc: Stanley Sessions, Assessor
BURR WOLFF LP
2900 NE 60TH STREET #205
GLADSTONE MO 64119-1329
RECEIVED
JUL 2 5 2nn5
BURR WOLFF
HOUSTON
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.gov/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.
PETITION TO THE COUNTY BOARD OF EQUALIZATION
1 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 Account #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 .
29 Rand for Wolff 5P � �
a Oat or tnnurvta 2900 N NE 60TH `E"/fJ
S ST.#205 DA
Gladstone,MO 64119-1329
816-455-4700 Fax 816-455-5140 PR-30747M
dmcintire@burrwolff.com
jrand@burrwolff.com
NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR
1400 NORTH 17th AVE.
GR 17622—M PT NE4 24 5 66 (MEYER GREELEY,CO 80631
ANNEX) BEG NE COR SEC $688 .26' TO PHONE(970)353-3845,EXT.3650
SE COR TR 5 GALLERY GREEN ANNEX www,eo.weld.co.us
N89D53'W 610. 67' TO TRUE POE
180'
WIO OWNER: T &9B43' TO E GREELLEY7LC GALLERY
B
DO
T & B GREELEY LC DBA LOG 4316
C/O KMART CORP BURR WOLFF LP PARCEL 095924100075
P 0 BOX 22799 ACCOUNT R0131594
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 determined 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,Ere protection,and other special districts)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 5959018 5959018
RECEIVED
JULI
®1)HouOLF
F
TOTALS S S 5__x,2018 $55_S.90113
APPEAL DEADLINES: REAL PROPERTY—JULY 15,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-20747/0
YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION
The County Board of Equalization will sit to hear appeals beginning July 1 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(2), 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.
PETITION TO THE COUNTY BOARD OF EQUALIZATION 2 of 2
In the space below,please explain why you disagree with the Assessor's valuation. IN ACCORDANCE WITH §
39-8-106(1. ,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 q//4'0J
r r IUNrK
Gladstone,MO 64119-1329 DAM
816-455-4700 Fax 816-455-5140
dmcintire@burrwolff.com jrand@burrwolff.com FR-20717C
•
NOTICE OF DENIAL OFFICE OFCOUNTY NORTH
A ASSESSOR
1400 AVE.
aGR 17622-G PT NE4 24 5 66 GREffi.EY, Xt3650
(GALLERY GREEN' C BEG NE COR PHONE(970)353-3845,EXT.3650
SEC $688. TO SE COR ANNEX www,co.weld.co.us
N89D53'W 670 .4' TO TRUE POB SOD02'E
421.64' N88D36'W 670.25 EW
hiDeO739.95'
TO S 9D
WNER: T & B GREELEY LC DBA
COLORADO
T & B GREELEY LC DBA LOG 4317
PARCEL 095924100004
C/O KMART CORP BURR WOLFF LP RCELT 9592416
TX
P 0 BOX 22799 ACYEAR, 2005
HOUSTON, TX 77227-2799
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 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 districts)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 ACTUAL VALUE ACTUAL VALUE
OF VALUE
PRIOR TO REVIEW AFTER REVIEW
COMMERCIAL ��® 1620466 1620466
R� *y� ���
so oN
TOTALS S $ 1.67 ngca $ 1cnaAc€
APPEAL DEADLINES: REAL PROPERTY—JULY 15,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-1074M
ryti it,
vr
Kmsat Cmparation
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: %. %\\\
Title: �.c-- N.4
Date:
Subscribed and sworn to before me on this A day onto... .h c ct. s 2005.
Notary Public
•
in and for the County of JEANETTE M.POLLOCK
State of Notary Public Macomb County MI
•
My commission expires Acting in Oakland Countg MI
My Commission Expires November 10,2008
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