HomeMy WebLinkAbout20032621.tiff DOWNEY & KNICKREHM
September 3, 2003
VIA HAND DELIVERY
Ms. Diane DeVries
Administrator for the Board
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, CO 80203
Re: Appeal Regarding Colorful Avenue Ltd. v. Weld County BOE
Schedule No. R6916998
Dear Diane:
Please find enclosed for filing an original and three (3) copies of Colorful Avenue
Ltd.'s Petition to the State Board of Assessment Appeals. In addition, we have enclosed an extra
copy of the Petition to be date-stamped and returned to us with the messenger. A filing fee in the
amount of$101.25 is included in the enclosed check in the amount of$405.00 to cover this
petition and three additional petitions being filed..
Please call if you have any questions concerning this appeal. Thank you for your
assistance.
Very truly yours,
Thomas E. Downey, Jr.
TED/bcc
Enclosures
cc: Debbie Tam(w/o encl)
Bruce Barker, Weld County Attorney (w/encl)
Stanley F. Sessions, Weld County Assessor, (w/encl)
Weld County Board of Equalisation, (w/encl)
Thomas E. Downey,Jr. tdowney@downknick.com
Downey&Knickrehm Pc Attorneys at Law A�._�,�r
The Can House 733 East Eighth Avenue Denver Colorado 80203
wrr i rr;r 4,01 2003-2621
p 303.813.1111 f303.813.1122 www.downknick.com
=wanly:. __ _ s ly:.,
PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use
Date:September 2, 2003
Docket Number
PETITIONER, Colorful Avenue Ltd. y N FEE
Hama of Property Owner
2950 Colorful Avenue, Longmont, CO 80503
Street Address,City,Zp Code of Subject Property Check No/Credit Card No.
appeals the decision of the Weld County Board of Equalization P F H
County Nene ✓ County Board of Commissioners
Property Tax Administrator
(Check One)
which was dated August 5.2003
This appeal concerns: V Valuation For tax year(s) 2003
_ Refund/Abatement
_ Exemption
_ State Assessed
(Check One)
CONCERNING COUNTY SCHEDULE NUMBER(S): R6916998
If more than one schedule number is involved,please list on a separate page.
TYPE OF PROPERTY: This property is currently classified by the County as:
V Commercial _ Residential
(Check One) _ Agricultural _ Vacant Land
Personal _ Other(Specify)
ACTUAL VALUE:
Actual value of subject property for year in question as set by the County$ 9.500.000.00
I believe the actual value of the subject property should be$ 7,700.000.00
REPRESENTATION: Please check appropriate response(s)
Petitioner will be present at the hearing_
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 ✓
ESTIMATED TIME FOR PETITIONER TO PRESENT THE APPEAL: Minutes or 2 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 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 September 3,2003 (check one-should be the same as the
City Date dedsion being appealed)
- �r
( ircle One) Agent or Attorney Petitioner's Signature
733 E 8th Avenue
Mailing Address Mailing Address
Denver, CO 80203
City,State,Zip City,State,Zip
Telephone: 303-813-1111 Telephone:
Daytime number,please
E-Mail: tdownevadownknick.com E-Mail:
BAA-1/REV 2003
CC;-/C1'-e> (1(1 /4f C/c
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
If7; Acs, 0% err; eEP
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, oily 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
W COUNTY, CO ORADO
ata
ATTEST: j /
01/147
David E. Lon Chair
Weld C�a� f ; ��'�� Board 9,
EXCUSED
Robert D. sden, Pro-Tern
r� pu rd
FYI A / M. J. eii
APPRe�` \ uffvl:
William Jerke 9
0.404,(j. a / //
As taut ty Attorney a&V8b ��
Glenn Vaad
Date of signature: vl_
2003-2245
AS0055
NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR
1400 NORTH 17th AVE.
LOG 1CD1-1 Ll BLKl CONCEPTS OREELEY,co80631
cateirl
DIRECT #1 SITUS : 2950 COLORFUL AV PHONE(970)3533845,EXT.3650
LONGMONT 80501
wiric OWNER: COLORFUL AVENUE LTD
COLORADO
GALLIGAN TAM & ASSOCIATES INC LOG 4902
PO BOX 461081 PARCEL 131306401001
ACCOUNT R6916998
AURORA, CO 80046 YEAR 2003
Owner: COLORFUL AVENUE LTD
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 $9500000
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.
By: Stanley F. Sessions 06/26/2003
WELD COUNTY ASSESSOR DATE
IS-DPT-AR
Form PR-207-87/03 ADDITIONAL INFORMATION ON REVERSE SIDE
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