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HomeMy WebLinkAbout20042719.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) 866-4485 Fee: Y N Check/Credit Card# Date: 9/1/2004 P F H Property Owner: State Farm Mutual Automobile Insurance do Marvin F.Poer&Company Subject Property: 1555 Promontory Cir.et al, Greeley Street Address City Schedule Number(s): See attached Attach separate sheet if necessary Weld 0 Board of Equalization Appeals the decision of the O Board of Commissioners Dated: 8/5/2004 County ❑State Property Tax Administrator This Appeal concerns: BValuation ❑Refund/Abatement DExemption O State Assessed Tax Year: 2004 The subject property is currently classified as: ❑Agricultural El Commercial ❑Exempt O Industrial O Mixed Use O Natural Resources ❑Oil &Gas O Personal O Possessory O Producing O Residential O State Assessed ❑Vacant Land Interest Mines Actual Value assigned to subject property: $52,905,598 Petitioner's estimate of value: $21,500,000 Estimated time for Petitioner to present the appeal: 60 minutes or 1.00 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 0 Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880 17 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 (Colo.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). 21 $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 PROPERTY OVERVALUED BY MARKET AND INCOME APPROACHES PI->nmu,U/<itx�c.�'S t1 SoD5t1 C q— I3-° 0 0 Ohl, /57S 2004-2719 Required attachments to this form: ❑ Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial O Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: ❑ 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: ©Board of Equalization Weld 0 Board of Commissioners county 0 State Property Tax Administrator at the following address: 915 10th Street,P.O.Box 758, Greeley,CO 80632 on 9/3/2004 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 9/3/2004 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 9/3/2004 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 Signature of Agent ✓ or Attorney_ Signature of P ti oner Ronald S. Loser Joseph Monzon Printed Name Printed Name 1099 18th Street Suite 2600 One State Farm Plaza RE 027 Mailing Address Mailing Address Denver,CO 80202-1926 Bloomington, IL 61710 City, State, Zip Code City, State, Zip Code Telephone: 303-297-2600 Telephone: 303-573-0975 Daytime number E-Mail: E-Mail: joemonzon@mfpoer.com 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. Account Numbers Total Actual Value R0295801 381 R0296001 3,996 R0296201 52,837,905 R0296301 61,260 R0296401 2,056 TOTAL 52,905,598 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 350' M/L TO POB TH S62O50'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 RECEIVED Personal Property 0 AUG 13 2004 TOTAL $ 381 M.F.POER DENVER eel/9.5:5;e A O9, eF7J /961e4,1 2004-2306 AS0058 /i(P7/3/n85/ 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. ORADO /�//� BOARDetAti OF COUNTY COMMISSIONERS VV.1COUN , CORobert D. Masden, Chair W C to the Board William H. J , Pro-Tem 4, to the Board (`hl, M. J. 'le APPR AS TO FORM: David E. Long ylNa4 , A ' tannty Attorney EXCUSED Glenn Vaad Date of signature: rfr/ 2004-2306 AS0058 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 #: R0296001 PARCEL#: 095711002004 - GR PROM L2 PROMONTORY EXC NE POR 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 POB TH S62D50'E 140' S17O12'E 286.28' TH ALG CURVE TO L (R=1140) CHORD=S18D53'E 51.91' TH ALG CURVE TO L (R=116) CHORD=S09D43'E 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 $ 3,996 Improvements OR RECEIVED Personal Property 0 TOTAL $ 3 996 AUG 1 3 2004 PL F.POER DENVER2004-2302 C➢C'.1/7.S55-to, e/51, �Ocz-7, /l Mir' AS0058 RE: BOE - STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0296001 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 o,Be 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. 2004-2302 AS0058 RE: BOE - STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0296001 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 W O COUNTY, COLORADO • , sk Robert D. Masden, Chair 51 lerk to the Board F _Thy William H. ke, Pro-Tem puty Clerk to the Board M. J. ile APPROVED AS TO FORM: David . Long As taut my Attorne EXCUSED Glenn Vaad Date of signature: 4 O 2004-2302 AS0058 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#: R0296201 PARCEL#: 095711002008 - GR PROM L4A PROMONTORY EXC BEG ON S R/W LN HWY 34 BUS RTE AT N-S C/L SEC TH SODW 649.96' N89D08'W 767.09' N45D30'E 428' N53D46'E 572.57' TO POB SITUS: 10490 34 HWY GREELEY 0 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 $ 3,020,886 Improvements OR • Personal Property 49,817,019 RECEIVED TOTAL $ 5 5 AUG 13 2004 2004-2303 M.F.POER DENVER ('e.' 4ssc cv? /ler Ace:?/ AS0058 /01.dy /56773/0 g5 ( __ RE: BOE- STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0296201 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. 2004-2303 AS0058 RE: BOE - STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0296201 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 5,Lh day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COU TY COLORADO Robert D. Masden, Chair o ti Clerk to the Board 1861 t �-, William H. Jer , Pro-Tem 0 Ou Clerk to the Board OVED AS TO FORM: . y ' David E. Long On O U.rAi , As On Co ty Attorney EXCUSED Glenn Wad Date of signature: g 4 2004-2303 AS0058 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#: R0296301 PARCEL#: 095711002009 - GR PROM PT L4A PROMONTORY BEG ON S R1W LN HWY 34 BUS RTE AT N-S C/L SEC TH S0DW 649.96' N89D08'W 767.09' N45D30'E 428' N53D46'E 572.57' TO POB 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 $ 61,260 • Improvements OR RECEIVED Personal Property 0 AUG 1 3 2004 TOTAL $ 611260 2004-2304 ME.DOER DENVER (Pe; Assej ex, /'fl 49e11 AS0058 ,! 57/3/01(5/ -�� -or RE: BCE - STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0296301 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 fora 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. 2004-2304 AS0058 RE: BOE - STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0296301 PAGE 3 Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the OBOE 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 OBOE. 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 5,,±. day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W D COU�JTY, COLORADO y 41 $ �ki 1861 ,Qy.'�." I�•'• Robert D, Masden, Chair to � lerk to the Board t • William H. Je , Pro-Tem eputy Clerk to the Board M. J. lie APPROVED AS TO FORM: David E. Long AssAi Co y Attorney y EXCUSED Glenn Vaad Date of signature: 2004-2304 AS0058 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#: R0296401 PARCEL#: 095711002010 - GR PROM L4B PROMONTORY 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 $ 2,056 Improvements OR RECEIVED Personal Property 0 RECEIVED TOTAL $ 2,056 AUG 1 3 2004 2004-2305 M.F DOER DENVER L'C',' %ss. C'/9JJ, /2 r /Weil* AS0058 b'-/01Df� RE: BOE - STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0296401 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. 2004-2305 AS0058 • RE: BOE - STATE FARM MUTUAL AUTOMOBILE INSURANCE, R0296401 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 W D COUNTY, COLORADO li"R� ��► ( Robert D. Masden, Chair 1161 lerk to the Boa d —� William H. J e, Pro-Tem '� y Clerk to the Board / M. J. lie APPROVED AS TO FORM: David . Long 2i% tn2ne EXCUSED Glenn Vaad Date of signature: `5r//�o`f 2004-2305 AS0058 Hello