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PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use
Date:July 7,2004
Docket Number
PETITIONER, Please see attached
V N FEE
Name of Property Owner
3001 8th Avenue, Evans, Colorado 80620
Street Address,City,Zip Code of Subject Properly Check No/Credit Card No.
appeals the decision of the Weld County Board of Equalization P F H
County Name County Board of Commissioners
_ Property Tax Administrator
(Check One)
which was dated June 7, 2004
This appeal concerns: Valuation For tax year(s) 2001, 2002, 2003
✓ Refund/Abatement
_ Exemption
State Assessed
(Check One)
CONCERNING COUNTY SCHEDULE NUMBER(S): 0961-20-2-08-024
If more than one schedule number is involved,please list on a separate page.
TYPE OF PROPERTY: This property is currently classified by the County as:
✓ Commercial _ Residential •
(Check One) Agricultural Vacant Land
_ Personal Other(Specify) •
ACTUAL VALUE:
Actual value of subject property for year in question as set by the County$ S et Art+4U*£O
I believe the actual value of the subject property should be$2,850,000.00
REPRESENTATION: Please check appropriate response(s) --.f
Petitioner will be present at the hearing I • -
Petitioner requests a telephone conference call_(Petitioner will call on scheduled date at time of hearing.)
Petitioner will be represented by an agent_or a Colorado Attorney 1
ESTIMATED TIME FOR PETITIONER TO PRESENT THE APPEAL: Minutes or 1.5 Hours
Not less than 30 minutes. Board will allow equal time to Respondent.
ATTACHMENTS: The following documents MUST BE ATTACHED to your appeal in order for the Board to accept filing.
1) The decision being appealed
2) Assessor's Notice of Denial OR Notice of Valuation
3) If an agent is filing or representing you a notarized letter of authorization will be needed from the Petitioner
4) Identify the names and last known addresses and telephone numbers of other parties"directly interested" in the petition
including co-owners.
CERTIFICATE OF MAILING Copy to each person identified in attachment,'above
I certify to the Board of Assessment Appeals that I have mailed or hand delivered County Board of Equalization
_
one complete copy of this appeal to the Weld County Board of Commissioners
County _ Property Tax Administrator
in Greeley , Colorado on July 7, 2004
(check one-should be the same as the
City Date decision being appealed)
-7- wtt/. CA-4a") EC
(Circle One) Agent or Attorne Petitioner's Signature
822 7th Street, Ste. 760 2400 Industrial Lane, Ste. 210
Mailing Address Mailing Address
Greeley, CO 80631 Broomfield, CO 80020
City,State,Zip City,State,Zip
Telephone: 970-352-3161 Telephone: 303-466-2500
Daytime number,please
E-Mail: tclancy@wobb-Ilp.com E-Mail:
BAA—1/REV 2003 fi 5"egg
g 2004-1975
° J
CERTIFICATE OF MAILING
I hereby certify that I have mailed U.S. postage pre-paid a copy of the Petition to State
Board of Assessment Appeals with attachments to the following on July 7, 2004:
Board of Commissioners of Weld County, Colorado
Attention: Clerk to the Board
P.O. Box 758
Greeley, Colorado 80632
with a copy to each owner of the Property (who own as tenants in common), listed below:
Canyon View Apartments, LLC, a Colorado limited liability company
Arsenault-Bear Valley, LLC, a Colorado limited liability company
Arsenault-Harvard Park, LLC, a Colorado limited liability company
attn: Rudy Fettig, registered agent (for each entity)
2400 Industrial Lane
Suite 2100
Broomfield, Colorado 80020
Please note: There are no other"directly interested"parties
Owners of the Property, as tenants in common:
Canyon View Apartments, LLC, a Colorado limited liability company
Arsenault-Bear Valley, LLC, a Colorado limited liability company
Arsenault-Harvard Park, LLC, a Colorado limited liability company
Actual Value as set by the County:
Date Actual Value Assessed Value Mill Levy Taxes
2000 $10,096,418 $2,927,960 95.284 272,733.62
2001 $10,096,418 $2,927,960 95.284 278,987.74
2002 $10,096,418 $2,927,960 92.138 269,776.36
2003 $10,131,280 $2,938,070 92.034 270,402.32
RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND
OF TAXES - RES-0310, C/O TIMOTHY CLANCY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a
duly and lawfully called regular meeting held on the 17th day of May,2004,at which time this matter
was continued to June 7, 2004, and
WHEREAS, at said meeting on June 7, 2004, there were present the following members:
Chair Robert D. Masden,and Commissioners M.J.Geile,William H.Jerke,and David E. Long,with
Commissioner Glenn Vaad being excused, and
WHEREAS,notice of such meeting and an opportunity to be present has been given to the
taxpayer and the Assessor of said County,and said Assessor, Stan Sessions, being represented
by Mike Sampson,and taxpayer RES-0310,being represented by Timothy Clancy and Ron Randall,
and
WHEREAS,the Board of County Commissioners have carefully considered the attached
petition, and are fully advised in relation thereto.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Board concurs with the recommendation of the assessor and the petition
be and hereby is, denied, and an abatement or refund not be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$ 0.00 $ 0.00 2001
$ 0.00 $ 0.00 2002
$ 0.00 $ 0.00 2003
2004-1569
AS0057
no : AS PEA- ab 7-ay
TAX ABATEMENT PETITION - RES-0310, CIO TIMOTHY CLANCY
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of June, A.D., 2004.
/ r
r`` 1 l 27% BOARD OF COUNTY COMMISSIONERS
,I �1 WELD COUNTY, COLORADO
' 18 %J° ail Robert D. Masden, Chair
,fir '�'. • -mii, Clerk to the Board
�... �j/ William Jerke, Pro-Tern
BY: t0-4-41//1/1--c-44-4-- /7 ....
Deputy Clerk tooard � ��
M. Geile
AP D AS 7'O: Q
� David E. Lo g
nl9 ATtorney EXCUSED
Glenn Vaad
Date of"signature: l UOll
2004-1569
AS0057
PETITION FOR ABATEMENT OR REFUND OF TAXES x(%73 5-5'3
Please submit in duplicate copies and answer all questions
County Name Weld Date Received RECEIVED
Use Assessor's or Commissioner's Date Stamp
DEC 3 1 2003
PETITIONER: Complete Section I on this side only
Section 1: WELD COUNTY ASSESSOR
I. Greeley, Colorado
Date: December31,2003
2. Petitioner's Name: RES-0310, a Colorado limited liability company
3. Petitioner's mailing address: RES-0310, in care of its agent
Timothy V.Clancy.822 7th Street.Suite 760
Greeley,CO 80631
4. SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF
PROPERTY
0961-20-2-08-024 (Parcel) 3001 81°Avenue, Evans, CO 80620
5. Petitioner states that the taxes assessed against the above property for property tax year(s)2001,2002,and
2003 are incorrect for the following reasons: (Briefly describe the circumstances surrounding the incorrect
value or tax. (The petitioner's estimate of actual value must be included.) Attach additional sheets if
necessary. See Addendum
6. Petitioner's estimate of actual value$2,850,000(2001),$2,850,000(2002)and$2,850,000(2003)
Value Year Value Year Value Year
7. Petitioner requests an abatement or refund of the appropriate taxes associated with a reduction in value.
I declare,under penalty of perjury in the second degree,that this petition,together with any accompanying exhibits
or statements,has been examined by me,and to the best of my knowledge, information and belief, is true,correct
and complete.
By: Witwer OlderrsBarry& Bedingfield,LLP Daytime Phone Number(970)352-3161
! /nbyr,
By:
Agent's Signa:y.
*Letter of agency must be attached when petition is submitted.
Every petition for abatement or refund filed pursuant to section 39-10-114,C.R.S.,shall be acted upon pursuant to
the provisions of this section by the board of county commissioners or the assessor, as appropriate,within six
months of the date of filing such petition. 39-1-113(1.7),C.R.S.
17
Fri
f . 1 • •
o
}Qcttan I[t Assessuris Use Only
Tax Year 20/ "21�' Tax Year ..2e493
Value Ta ,koza) Value Tax
Original /d, D Tel /8 2 77d.Z 4/4 /3/ ,28O �,Z70 Y02 ,S2-
Corrected /4 e7(9, //8 '269 77d.3‘ /(91 /3/.120 sz7d7&2.3a
Abate/Refund
gsrosteel 4/14e , 9, g7�Y /messed d,�lu�
2 9z 5 960 4,2).738' 070
(FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY)
RESOLUTION OF COUNTY COMMISSIONERS
Resolution No,
Section I: In accordance with 39.1.113(1.5),C.R.5.,the commissioners of County authorize
the assessor to review petitions for abatement or refund and to settle by written mutual agreement any such petition
for abatement or refund In an amount of one thousand dollars or less per tract,parcel,or lot of land or per schedule
of personal property.
The assessor and petitioner mutually agree to an assessed value and tax abatement/refund of:
Tax Year Tax Year
Assessed Value Tax Assessed Value Tax
Original
Corrected
Abate/Refund
PLEASE NOTE:THE TOTAL TAX AMOUNT DOES NOT INCLUDE ACCRUED INTEREST,PENALTIES,AND
FEES ASSOCIATED WITH LATE ANDIOR DELINQUENT TAX PAYMENTS,IF APPLICABLE. PLEASE
CONTACT YOUR COUNTY TREASURER FOR FULL PAYMENT INFORMATION.
Petitioner's Signature Data
Aseseao?e or Deputy Assessors Signature Dab
If Section I is not complete and/or If petition is for more than$1,000,Section II must he completed. Submit an
original petition and a copy to the Division of Property Taxation.
Section II: Assessor's recommendation:
Approved or 1 Approved In past$
No protest filed in or . (If a protest was ed.please attach a c py of NOD.)
Denied for the following reason(s): /¢, ,�PO� tem iIL —/Ppq peg- j�
ern 15 8? L'trirfrty LOD ao eor ,P N ✓9t /Wake,ur ASS' s/mote
s /d Eyed i'dj7),
awns
—1P.9Sep s % /O�xe Olu/i 7711$ e
Section Ill: WHEREAS,The County Commissioners of County.State of Colorado,at a duly
and lawfully called regular meeting held on_//_,at which meeting there were present the following
mo day yr
members:
with notice of such meeting and an opportunity to be present having been given to the taxpayer and the Assessor of
said County and Assessor (being presentnof present)and
Name
petitioner (being present/not present),and WHEREAS,The said
Name
County Commissioners have carefully considered the within petition;and are fully advised In relation thereto,
NOW BE IT RESOLVED,That the Board(agrees/does not agree)with the recommendation of the assessor
and the petition be(approved/denied)and an abatement/refund be(approved/denled)for property tax year(s)
and . The taxes to be abated/refunded for property tax year are$
which represents an assessed value of$ and the taxes to be abated/refunded for property tax
year are S which represents an assessed value of$
Chairperson of the Board of County Commissioners'Signature
County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for the aforementioned county,do hereby certify that the above and foregoing order is truly copied from the
record of the proceedings of the Board of County Commissioners.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said County
at_ ,this day of
Time Date Month Year
County Clerk's or Deputy County Clerk's Signature
ACTION OF THE PROPERTY TAX ADMINISTRATOR
Denver,Colorado,
Month Day Year
The action of the Board of County Commissioners,relative to the within petition,is hereby
_Approved;C Approved in part$ :7 Denied for the following reason(s):
Secretary's Signature Property TaxAdministrator's Signature
GWSH\..U64TE ORMREN
APPOINTMENT OF AGENCY
CANYON VIEW APARTMENTS, LLC, a Colorado limited liability company,
ARSENAULT — BEAR VALLEY, LLC, a Colorado limited liability company, and
ARSENAULT — HARVARD PARK, LLC, a Colorado limited liability company, as tenants-in-
common (collectively, "Owner"), hereby appoint the law firm of Witwer, Oldenburg, Barry &
Johnson, LLP ("Agent"), by and through Timothy V. Clancy, Esq., as their agent for all matters
regarding a petition for abatement or refund of taxes, pursuant to Title 39 of the Colorado
Revised Statutes, for the property located at 3001-8th Street, Evans, Colorado 80520. This
appointment includes the authority to appear on behalf of Owner before appropriate courts,
authorities, and agencies, including the State Board of Assessment Appeals, and the appointment
shall continue until it is terminated in writing by the Owner or Agent.
Dated: July 7, 2004
OWNER:
ARSENAULT-BEAR VALLEY, LLC,
a Colorado limitedliability company
By:, ' a V.\ (nt./..."
'Sharon K. Eshima, Manager
CANYON VIEW APARTMENTS, LLC,
a Colorado limited liability company
By 7 ,'19)Th I' UDC --�
Sharon K. Eshima,Manager
ARSENAULT-HARVARD PARK, LLC,
a Colorado limited liability company
By: L\--\ V ww7
Sharon K. Eshima,Manager
STATE OF COLORADO )
) ss.
COUNTY OF BROOMFIELD )
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this 7th day of July,
2004, by Sharon K. Eshima, as Manager of Canyon View Apartments, LLC, a Colorado limited
liability company, Arsenault — Bear Valley, LLC, a Colorado limited liability company, and
Arsenault—Harvard Park, LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
My Commission Expires: ()/— O / —a2 X10 e'
IRMA BRAND Notary Public
Notary Public
State of Colorado
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