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HomeMy WebLinkAbout20032598.tiff 'PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Date: August 25, 2003 Docket Number PETITIONER, Longmont Group Inc Y N FEE Name of Property Owner 10805 Turner Blvd., Longmont, CO 80504-9578 Street Address,9Ity,Zip Code of Subject Property Check No/Credit Card No. appeals the decision of the fietirgIC Whig ✓ County Board of Equalization P F H County Name County Board of Commissioners Property Tax Administrator (Check One) which was dated July 31, 2003 This appeal concerns: ✓ Valuation For tax year(s) 2003 _ Refund/Abatement _ Exemption State Assessed ril (Check One) (� CONCERNING COUNTY SCHEDULE NUMBER(S): R0085887 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: 5 t, Commercial il 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$ 1,380,000 I believe the actual value of the subject property should be$ 1,172,000 REPRESENTATION:Please check app update response(s) .j Petitioner will be present at the hearing_ 'C O Petitioner requests a telephone conference call_(Petitioner will call on scheduled date at time of h4aring.)a' Petitioner will be represented by an agent ✓ or a Colorado Attorney ESTIMATED TIME FOR PETITIONER TO PRESENT THE APPEAL: Minutes or 4 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 4 above I certify to the Board of Assessment Appeals that I have m fled or hand delivered ✓ County Board of Equalization one complete copy of this appeal to the E r Wert _ County Board of Commissioners County _ Property Tax Administrator in er 6reele /Ia, ,Colorado on August 27,2003 (check one-should be the same as the City Date decision being appealed) (Circle On gent or ttomey er's Signature c/o Deloitte&Touche 555 17th St Ste 3600 Mailing Address Mailing Address Denver, CO 80202 City,State,Zip City,State,Zip Telephone: (303)308-2191 Telephone: Daytime number,please E-Mail: mpoling@deloitte.com E-Mail: BAA-1/REV 2003 COO rei ladtr-nner!s 2003-2598 stir 4e RESOLUTION /evt4fnerd-(0C' 8J RE: THE BOARD OF EQUALIZATION,2003,WELD COUNTY, COLORADO -DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: LONGMONT GROUP INC 9100 E PANORAMA DR#300 ENGLEWOOD, CO 80112-7207 DESCRIPTION OF PROPERTY: ACCOUNT#: R0085887 PARCEL#: 131310100039 - PT NE4 10-2-68 BEG E4 C0R N89D49'W 451.4'_N0D24'E 1323.4'TO TPOB N0D24'E 525.03' N89D36'W 299.99' S0D24'W 523.2' S89D15'E 300'TO POB EXC COMM E4 COR N89D49'W 451.4' N0D24'E 1323.4' TO TPOB N0D24'E 262.09' N89D23W 299.96' S0D24'W 261.33' S89D15 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 2003, 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 Assessors valuation for the year 2003, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition; and WHEREAS, said petitioner being respresented by John Olson, Deloitte and Touche, LLP, 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 theWeld County Assessor shall be, and hereby is, affirmed as follows: 2003-2145 AS0055 RE: BOE- LONGMONT GROUP INC PAGE 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 392,485 Improvements OR Personal Property 987,515 TOTAL $ 1,380,000 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 315 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 yourattomey 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 arbitrators decision is final and your right to appeal your current valuation.end& (Section 39-8-108.5, C.R.S.) 2003-2145 AS0055 RE: BOE -LONGMONT GROUP INC PAGE 3 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 maybe 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 28th day of July, A.D.,.2003: - ���'�.� BOARD OF COUNTY COMMISSIONERS EL.° 0 wag,. COON COTORADO ISM + 1i David E. Long, Chair n " to the Board EXCUSED ®Q) `.Jib Robert D. Mas , Pro-Tem Deputy Clerk to the Board IcL...A M. J. G e APPROVED AS TO FORM: Willia H. Jerke )11-0-2-(4-V,(L/ Ass• an my Attorney Glenn Vaad ) Date of signature: 17-Z/ 2003-2145 AS0055 ori • Riv NOTICE OF ADJUSTMENT O CEOFCOUNTY ESSOR 1400 NORTH 17t AVE. ve tt d PT NE4 10-2-68 BEG E4 COR N89D49'W GREE[EY,CO 80631 451 .4' N0D24'E 1323.4' TO TPOB PHONE(970)3533845,EXT.3650 N0D24'E 525 . 03 ' N89D36'W 299 . 99' S0D24'W 523 .2' S89D15'E 300' TO POB EXC COMM E4 COR N89D49'W 451.4' N0D24'E 1323 .4' TO TPOB N0D24'E WlIDOWNER: LONGMONT GROUP INC COLORADO DELOITTE & TOUCHE LLP LOG 3075 555 SEVENTEENTH STREET SUITE 3600 PARCEL 131310100039 ACCOUNT R0085887 DENVER, CO 802023942 YEAR 2003 Owner: LONGMONT GROUP INC 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 we: The actual valuation of your property has been adjusted based on new information obtained. This may be .in₹ormation you have supplied or additional sales which we have uncovered during the appeals process . • PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO RE VIEW APT1,R-REVIEW COMMERCIAL 1472000 1380000 glIOP TOTALS $ $ 1472000 $1380000 APPEAL DEADLINES: REAL PROPERTY-JULY 15;PERSONAL PROPERTY-JULY 21. If you disagree with the Assessor's decision,you have the right to appeal to the County.Board of Equalization for further consideration,39-11 I06(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. By: Stanley F.Sessions 06/26/2003 WELD COUNTY ASSESSOR DATE 15-DPT-AR . Form PR-207-87/03 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 fo'rea1, 3roperty(land and buildings) and personal property(furnishings,machinery, and equipment) 39-8-104 and 39-8- 107(2), C.R.S. kPPEAL PROCEDURES: It you choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County 3oard of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED JN OR BEFORE JULY 15 FOR REAL PROPERTY, AND JULY 21 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. "OUNTY BOARD OF EQUALIZATION'S DETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determination within five iusiness 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 ounty 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 f you do not receive a determination from the County Board of Equalization, you must file an appeal with the Board >f Assessment Appeals by September 11. CO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF 3F MAILING. PETITION TO THE COUNTY BOARD OF EQUALIZATION n the space below,please explain why you disagree with the Assessor's valuation. IN ACCORDANCE WITH 39- ;-106(1.5), C.R.S., IF YOU APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR OPINION 3F 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 PROPEWY IS VALUED IN EXCESS OF OTHER SIMILARLY SITUATED PROPERTIES. Q /„J ' 4/703 ( . R,r�U� VAIb V43 ) LETTER OF AUTHORIZATION To Whom It May Concern: Property Owner Name: LONGMONT GROUP INC 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: Navin C.Dimond Tide: President Address: 9100 E.Panorama Dr..Englewood CO 80112 ) Phone Number: (303)785-3100 Parcel/Schedule Number(s): R0085887 Subscribed and sworn before me this 27 day of May ay ,20 Qj . Notary Public,State of CC D� My commission e ires 20;S_. LYNDA K. LAUGHLIN NOTARY PUBLIC STATE OF COLORADO 1 Stonebridge—Super 8 Motel Hello