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Home My WebLink About20032245.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: COLORFUL AVENUE LTD 5353 W DARTMOUTH AVE #300 DENVER, CO 80227 DESCRIPTION OF PROPERTY: ACCOUNT#: R6916998 PARCEL #: 131306401001 - LOG 1CD1-1 L1 BLK1 CONCEPTS DIRECT#1 SITUS: 2950 COLORFUL AV LONGMONT 80501 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 Assessor's 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 not being present or 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 $ 1,158,696 Improvements OR Personal Property 8,341,304 TOTAL $ 9,500,000 2003-2245 AS0055 RE: BOE - COLORFUL AVENUE LTD 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 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 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. 2003-2245 AS0055 RE: BOE - COLORFUL AVENUE LTD 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 31st day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS J�/�/��/ COUNTY, CO ORADO ATTEST: tb1��t'd"G David E. Long, Chair Weld G.tI .�t . 'gyp Board EXCUSED Robert D. asden, Pro-Tem �t pu ',r,c: t - : :rd ° a ' i M. J. Bile APPRe1 r(�,. eiM: �CL�✓ William Jerke A? �A.L?/ As tant C my Attorney „L Glenn Vaad Date of signature: is/e • 2003-2245 AS0055 NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. Otimi6c. LOG 1CD1-1 L1 BLK1 CONCEPTS GREELEY, 80631 DIRECT LONGMONTI8 0 5 01 S : 2 95 0 COLORFUL AV PHONE(970)353-3845,EXT.365050 yule OWNER: COLORFUL AVENUE LTD COLORADO COLORFUL AVENUE LTD LOG 4902 5353 W DARTMOUTH AVE #300 PARCEL 131306401001 ACCOUNT R6916998 DENVER, CO 80227 YEAR 2003 Tax Rep: GALLIGAN TAM & ASSOCIATES 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 are: A 1982 Colorado constitutional change requires commercial property to be valued based on actual value and assessed at 29& Replacement cost, market, and income are approaches used to determine the actual value of your property. Your valuation is supported by the appraisal procedures required by law. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW COMMERCIAL 5245935 5245935 INDUSTRIAL 4254065 4254065 TOTALS $ $9500000 p500000 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,39-8- 106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. 07/23/2003 By: Stanley F. Sessions WELD COUNTY ASSESSOR DATE IS-DPT-AR Form PR-207-87A3 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 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. 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: I you are not satis led with the County Board o 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 11. 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 YOU APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. SIGNA I UKE Oh PHI I I IONER DATE G � 5 R1 e T)<All C _ Galligan, Tam 6- ociates, Inc. r July 14, 2003 80( Weld County Board of Equalization 1400 N. 171h Avenue Greeley, CO 80631 RE: Property Tax Protest For: Colorful Avenue Ltd Account Number: R6916998 To Whom It May Concern: Please accept this letter as our appeal for the above parcel. We did not receive a Notice of Determination from the Assessor's office for this parcel. Therefore, we are using this letter as the appeal form for this parcel to protect our right to continue the appeal. We feel that this property is over valued and should be valued at $7,650,000. Please direct all correspondence on this appeal to Galligan,Tam & Associates, PO Box 461081,Aurora, CO 80046. Sincerely, Deborah A. Tam(AR01327995) As agent for Colorful Avenue Ltd Colorado Office: P.O. Box 461081,Aurora, Colorado 80046, (303) 699-4672, Fax (303) 699-4877 Indiana Office: 215 East Berry Street, Fort Wayne, Indiana 46802, (260) 423-8990, Fax (260) 423-8924 C5i^_3i22.n? 03: 2_ May 23, 2003 imaillameattic TO WHOM IT MAY CONCERN: This will certify that Galligan, Tarn and Associates, Incorporated has the authority to represent See Below during any negotiations and/or hearing In the 2003 ad valorem assessment appeals pertinent to the following properties. PROPERTY DESCRIPTION BY LOCATION: High Country Apartments-921 Mt. Massive Dr. 20001035-R Lake County City Park Associates— 1401 Josephine St. 05012-09-014 Denver County 8945 Broadway Investors;Ltd. —5945 Broadway R(!103579 Adams County Colorful Avenue, Ltd. —2590 Colorful Ave. R89169€iB Weld County Marshall Properties— 5474 Marshall St. 136271 Jefferson County Gray Street, Ltd. — 5601 Gray St. 006013 Jefferson County Duke Family Partnership, LLC— 5363 W. Dartmouth Ave 04384-00-008 Denver County YOUR SIGNATURE: cv4_ / LfZ YOU NAME: Chris Hedlund YOUR TITLE: Mont i Property Mansaer San west a:Almeib Ave. SIGNATURE OF NOTARY: m*S ____ Ca^62 NOTARY'S NAME: Sandra L, Stensrud 6µ11e900 COUNTY OF RESIDENCE: Jefferson Coylnty COMMISSSION EXPIRES: October 22. 2004 Delft CO 3022)5514 NOTARY SEmL.IF APPLICABLE: Gm a9at o - - Fax (303) 91i 9.7302 164D-H-15 CLERK TO THE BOARD I PHONE (970) 356-4000 EXT I�TI FAX: (3(3033)35252-0242 WEBSITE: www.co.weld.co.us ' 91510TH STREET P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 22, 2003 COLORFUL AVENUE LTD 5353 W DARTMOUTH AVE#300 DENVER CO 80227 Parcel No.: 131306401001 Account No.: R6916998 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 31,2003,at or about the hour of 9:30 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Department of Public Health and Environment,Room 210,1555 North 17th Avenue, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. 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 5,2003,and mailed to you on or before August 12, 2003. 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 position. 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 valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to ot5tain the data supporting the Assessor's valuation of your property, please request it directly from the Assessor's Office by fax (970) 304-6433, or by calling (970) 353-3845. COLORFUL AVENUE LTD - R6916998 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. s Very truly yours, •'.- BOARD OF EQUALIZATION Carol A. Harding Deputy Clerk to the Board cc: Stanley Sessions, Assessor GALLIGAN, TAM &ASSOCIATES, INC. P.O. BOX 461081 - AURORA CO 80046 Hello