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Home My WebLink About20042613.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: 8/24/2004 P F H Property Owner: River Valley Village Mobile Home Park,LLP Subject Property: 10910 Turner Blvd., Longmont, CO 80504 Street Address City Schedule Number(s): R0073387 (131310100037) Attach separate sheet if necessary El Board of Equalization Appeals the decision of the Weld O Board of Commissioners Dated: 8/11/2004 County O State Property Tax Administrator This Appeal concerns: ©Valuation ['Refund/Abatement ['Exemption O State Assessed Tax Year: 2004 The subject property is currently classified as: ❑Agricultural O Commercial O Exempt O Industrial O Mixed Use O Natural Resources ❑Oil &Gas O Personal O Possessory O Producing ❑✓ Residential O State Assessed ❑Vacant Land Interest Mines Actual Value assigned to subject property: $4,935,000 Petitioner's estimate of value: $4,000,000 Estimated time for Petitioner to present the appeal: minutes or 4.00 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: ['Petitioner will be present at the hearing O Petitioner will appear by telephone ['Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880 O Petitioner will be represented by an attorney on the scheduled date and time of hearing(Mountain Time Zone) Except as provided in§13-1-127 (2) and(2.5) C.R.S. 2000, a corporation must appear under the representation of a licensed attorney. See BOP Industries v. State Board of Equalization, 694 P.2d 337 (Cob.App. 1984). Filing Fee: ❑ None Petitioner is appearing pro se (self-represented)and has not filed more than two Petitions with the Board of Assessment Appeals during this fiscal year(July 1 —June 30). ❑ $ 33.75 Petitioner is appearing pro se(self-represented) and has filed more than two Petitions with the Board of Assessment Appeals during this fiscal year(July 1 —June 30). El $101.25 Petitioner will be represented by an agent or by an attorney. In the space below, please explain why you disagree with the value assigned to the subject property THE PROPERTY IS VALUED IN EXCESS OF FAIR MARKET VALUE BASED ON THE THREE APPROACHES TO VALUE. IN ADDITION, THE PROPERTY IS VALUED IN EXCESS OF OTHER SIMILARLY SITUATED PROPERTIES. ff,0091 O� O�/ (In f hS c/?( d 2004-2613 Required attachments to this form: 0 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: O A notarized Letter of Authorization if an agent will be representing Petitioner ❑ A list of names, last known addresses and telephone numbers of co-owners or parties directly interested in the subject property if applicable. Certificate of Service I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed,faxed or hand delivered to: 0 Board of Equalization Weld 0 Board of Commissioners county 0 State Property Tax Administrator at the following address: P.O.Box 758, 915 10th Street,Greeley,CO 80632 on 8/24/2004 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 8/24/2004 . 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 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. 39-8-109) aureoAgtorAey_ Signature of Petitioner Matthew W. Poling, Deloitte&Touche LLP River Valley Village Mobile Home Park, LLP Printed Name Printed Name 555 17th Street,Suite 3600 2 W. Dry Creek,Suite 100 Mailing Address Mailing Address Denver, CO 80202 Littleton,CO 80120 City, State, Zip Code City, State, Zip Code Telephone: (303)308-2191 Telephone: Daytime number E-Mail: mpoling@deloitte.com E-Mail: Attorney Reg. No.: It is the Petitioner's responsibility to notify the BAA of any change of address. Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to completing this Petition Form. The Instructions and Rules are available on the Web at www.dola.Colorado.gov/baa or may be requested by phone at 303-866-5880. It 523 ., v,4,,., RESOLUTION RE: THE BOARD OF EQUALIZATION, 2004, WELD COUNTY, COLORADO -DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE RECEIVED PETITION OF: RIVERVALLEY VILLAGE MOBILE HOME PARK LLP AUG 1 3 2004 2 WEST DRY CREEK SUITE 200 LITTLETON, CO 801210 BY. DESCRIPTION OF PROPERTY: ACCOUNT#: R0073387 PARCEL#: 131310100037 - 25107-R PT E2NE4 10 2 68 COMM NE COR E2NE4 S89O31'W 450' SOD05'E 392.7'TO NE COR OF TRACT DESC IN BK 585 REC#1506519 TO TRUE POB SOD05'E 97.1' S89D54'W 299.99' SOD05'E 2140.77'TO E-W FENCE LN 9.4'N OF S LN E2NE4 S89D32'W 570.15' NOD05'W 1487.7 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 $ 4,935,000 Improvements OR Personal Property 0 TOTAL $ 4,935,000 eC.•As e,e O4 1'5f,99er7* 2004-2295 4 -/9 AS0058 RE: BOE - RIVERVALLEY VILLAGE MOBILE HOME PARK LLP, R0073387 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 Courts 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. 2004-2295 AS0058 RE: BOE - RIVERVALLEY VILLAGE MOBILE HOME PARK LLP, R0073387 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 ALVlI x. 1\1\1\10 Robert D. Masden, Chair Clerk to the Board �It..0 �r William H. er , Pro-Tem O e Clerk the Board rr Fr �r� M. J. Ile "ROVED AS TO FORM: David E. Long /1 ! Ass is nt C wty Attorney EXCUSED Glenn Vaad Date of signature: 1g'L;.' l 2004.2295 AS0058 • • ,tt-3V32Pier&.[t• NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR / 1400 NORTH 17th AVE. }}� 25107-R PT E2NE4 10 2 68 COMM NE GREELEY,CO80631 4 r ' COR E2NE4 E2NE4 450' S0D0S' B PHONE(970)353-3845,EXT.3650 392 . 7' TO NE COR OF TRACT DESC IN BK 585 REC #1506519 TO TRUE POE wuk S0D05' E 97 . 1' 7 T04 'W 299 . 99' S0D05'E 2140 .77' TO E-W FENCE LN COLORADO OWNER: RIVERVALLEY VILLAGE MOBILE HOME PARK LLP DELOITTE & TOUCHE LLP LOG 1015 555 SEVENTEENTH STREET SUITE 3600 PARCEL 131310100037 ACCOUNT R0073387 DENVER, CO 802023942 YEAR 2004 Owner: RIVERVALLEY VILLAGE MOBILE HOME PARK LLP 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 caiegory(ies): Residential property - The property is valued by the market approach to value. • 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: Your property has been uniformly valued following Colorado law and instructions published by the State Division of Property Taxation. Your protest of value has been denied due to comparison of other similar properties which sold during the 2001/2002 time period. This comparison shows your actual property value to be correct for that period. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW RESIDENTIAL 4935000 4935000 TOTALS $ $ 49350O0 $ 4935000 _ -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 06/28/2004 WELD COUNTY ASSESSOR DATE I 5-DPT-AR Form PR-207-8703 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. THE PROPERTY IS VALUED IN EXCESS OF FAIR MARKET VALUE BASED ON THE THREE APPROACHES TO VALUE. IN ADDITION,THE PROPERTY IS VALUED IN EXCESS OF OTHER SIMILARLY SITUATED PROPERTIES. (Ut Lih&'e 11009,at, is-14`#opia'h dad /4t! < � VV/aY SrGAA rQItS6FPE1'r176AEIF �� UA7' Colorado Real Estate & Investment Co. LETTER OF AUTHORIZATION To Whom It May Concern: Property Owner Name: River Valley Village Mobile Home Park Hereby appoints and authorizes Deloitte&Touche LLP as agent to represent our firm's property and all property controlled by our firm or any of its subsidiaries of partnerships on all matters pertaining to ad valorem taxes. Until written notice of termination is issued,they have the right to file returns,examine records,obtain all tax statements, and discuss or appeal any tax assessments to the proper authorities when, in their opinion,the assessment does not constitute fair market value. In addition they have the right to file appeals to the appropriate jurisdiction,if authorized by law. By: Name: Title: �_t_C.E'y�p_l c r& Atnaki iilm tvvt Attlmto ) Address: a tm 1D M Cxac V' C;c c9 i 5ttrlc .3Oo, 1i %4p�v c.1 Gu 8010 Phone Number: .3O3--)3O- a.0oh Parcel/Schedule Number(s): R0073387(1313-10-1-00-037) Subscribed and sworn before me this (--)Ott' day of U ,2003. 0 ste- Notary Public,State of C=eQ2:TITAdQ •`gdtnumununpiri ��' G;E!A•R " _ _ • F My commission expires I� ,20 by :NOTARY� jtl;•?UBIC: $1'5 iammlitIt Two West Dry Creek Circle,Suite 200•Littleton, CO 80120-4479•(303)730-2000•Fax(303)730-8950 LB Hello