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Home My WebLink About20042306 RESOLUTION RE: THE BOARD OF EQUALIZATION, 2004, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: STATE FARM MUTUAL AUTOMOBILE INSURANCE ONE STATE FARM PLAZA RE 027 BLOOMINGTON, IL 61710 DESCRIPTION OF PROPERTY: ACCOUNT#: R0295801 PARCEL#: 095712001005 - GR PROM PT L2 PROMONTORY LYING IN SEC 12 BEG ON W LN SEC 12 AT POINT ON S R/W LN HWY 34 BUS RTE S50' M/L TO FOB TH S62D50'E 140' S17D12'E 286.28' TH ALGCURVE TO L (R=1140) CHORD=S18D53'E 51.91' TH ALG CURVE TO L (R=116) CHORD=S09D43'E 193.55' T 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 2004, 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 2004, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being neither present nor 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 $ 381 Improvements OR Personal Property 0 TOTAL $ 381 ed./19.5-5,e O9 At-2 41G/eh) 2004-2306 8-/69- AS0058 RE: BOE - STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0295801 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 should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 419 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), 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. 2004-2306 AS0058 RE: BOE - STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0295801 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., 2004. BOARD OF COUNTY COMMISSIONERS WE COON CO ORADO <, AWL% L Roberta Masden, Chair W C k to the Board vs] ero.Tem APPROV AS TO FORM: " David E. Long A ' tanunty Attorney EXCUSED Glenn Vaad Date of signature: �fy/C` 2004-2306 AS0058 RECEIVED NOTICE OF DENIAL OFFICE.OF COUNTY ASSESSOR i 1400 NORTH 17th AVE. �t JUL 0 1 2004 GR PROM PT L2 PROMONTORY LYING IN GREELEY,CO 80631 r SEC 12 BEG ON W LN SEC 12 AT PFIONE(970)353-3845,EXT.3650 POINT ON S R W LN HWY 34 BUS RTE �A.F.POER DENVERsso NIL TO POB TH $62D50'E 140' Wi`D�• SR=114 E) 286 . 28CHORD=' TH8D ALE 9 TO L (R=1140) CHORD=S18D53 ' E 51 . 91' TH COLORADO OWNER: STATE FARM MUTUAL AUTOMOBILE INSURANCE MARVIN F. POER & COMPANY LOG 1012 410 17TH STREET SUITE 1730 PARCEL 095712001005 ACCOUNT R0295801 DENVER, CO 80202 YEAR 2004 Owner: STATE FARM MUTUAL AUTOMOBILE INSURANCE The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Assessor has£letermined that your property should be included in the foliownig category(ies): �-'� Commercial property is valued by considering the cost, market, Eg s� �dF and income approaches . m o n If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other spec a distritttiq hold h et hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend tli budggt heartigsr The Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest.and httuuleterrnined the valuation(s)assigned to your property. The reasons for this determination of value arc: No change has been made to the valuation of this propert . Colorado law requires us to send this notice of denial for all properties on which we do not adjust the value . �C /5(P 7 3/e, 135 PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW AG LAND 381 381 TOTALS $ $ 381 s 381 ` 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 tiling your appeal. 06/28/2004 By: Stanley F. Sessions WELD COUNTY ASSESSOR DATE 15-UPT-AR Form PR-207-87W ADDITIONAL INFORMATION ON REVERSE SIDE 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 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 13. 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 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. P ?/, V,.? 5OC %oIu / O S f olice /5 atiffin D • TICbtes SIGNA7t useti+P[igNIONZON MARVIN F. POER & CO. 410 17TH ST. SUITE 1730 DENVER CO 80202 (303 ) 573 0975 07/29/04 12:46 FAX WELD ASSESSOR la002 JUL-29-2004 10155 FROM:PWRUIN POER &COMPANY 3035730976 TO:1yros446433 P.002'002 • MARVIN F. POER S COMPANY AMENCAM PROPORtf•TM ADVISOR ACCRrDITDD MEMBER THE NATIONAL COUNCIL OF PROPERTYTAXATION a'aA a • C � July 29,2004 IUS..s..4 Weld County Board of Equalimtion 915 10th Street,.P.O. Box 758 Greeley, CO 80632 Fax(970)3046433 Re: Parse] numbers 095711002004 Account Numbers R0296001 095711002008 80296201 095711002009 R0296301 095711002010 R0296401 095712001005 R0295801 Dear Board: We will be unable to attend the hearing on August 5,2004. By way of this letter,we respectfully request an administrative denial for the referenced parcel numbers. Very truly yours, Marvin F. Poer Sc Company ZMon Vice President 410 17th Street Suite 1730 Dover.CO.80202 (303)573-0975 Va(303)573-0976 wet,SID::www.miteet om /MAW O.FNn alegS. 0110 1110/1 Ds. D...ar Ft awka4In /Imam lie A.p/v New hM tws,s, pa.mVe amm arm* hale Mtehhryy..,D.C. 07/29/04 12:46 FAX WELD ASSESSOR• la 001 JUL-29-2004 10:55 FROM:MARVIN POER &COMPANY 3035730976 70119703046433 8.001,002 MARVIN F. POER & COMPANY 410-17th Street,Smite 1730, DENVER OFFICE Denver, CO 30202 FAX Dote: 7 z9 Numb=rem=inchmling Dover shoot To: + l Pram�'arof4 . i4andirl4 JOE Mon7nrj 100 / Phan (303)573-0975 Est Owe: ci `. 30 y, 611_3 Pliz (303)573.0976 cc: 9 6-2.. 0.24/ 7-- REMARKS: • 0"Urgent 0 For your review. C7'•. 1,ASAP ...; CD , 6 CLERK TO THE BOARD 6 PHONE (970) 356-4000 EXT 4217 FAX: (303) 352-0242.co.us WEBSITE: www.co.weld.co.us I 915 10TH STREET P.O. BOX 758 C. GREELEY, COLORADO 80632 "lig COLORADO July 20, 2004 STATE FARM MUTUAL AUTOMOBILE INSURANCE ONE STATE FARM PLAZA RE 027 BLOOMINGTON IL 61710 Parcel No.: 095711002004 Account No.: R0296001 Parcel No.: 095711002008 Account No.: R0296201 Parcel No.: 095711002009 Account No.: R0296301 Parcel No.: 095711002010 Account No.: R0296401 Parcel No.: 095712001005 Account No.: R0295801 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 5, 2004, at or about the hour of 10:00 AM, to hold a hearing on your valuations for assessment. This hearing will be held at the Weld County Department of Planning Services,Conference Room,91810th Street,Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petitions. 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, 2004, and mailed to you on or before August 12, 2004. 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 positions. 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 valuations have increased cannot be your sole basis of appeal. Without documented evidence as indicated above,the Board will have no choice but to deny your appeals. If you wish to obtain the data supporting the Assessor's valuations of your property, please request it directly from the Assessor's Office by fax (970) 304-6433, or by calling (970) 353-3845. STATE FARM MUTUAL AUTOMOBILE INSURANCE - R0296001 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 EQUALIZATAON Carol A. Harding Deputy Clerk to the Board cc: Stanley Sessions, Assessor MARVIN POER & COMPANY 410 17TH STREET SUITE 1730 DENVER CO 80202 Hello