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HomeMy WebLinkAbout20032566.tiff PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Date: { /L44* -21 aolo/g • / /// I ,1^ �� //axe' II // Silk ( J / / �p Docket Number PETITIONE Lr Ya'Jt1_-td�a/d M1Y. t !\J'V/J per, `y //`/h/`+ Y N FEE ACC /Ydai Name r Propen�Owner Street A/�{Itl/ J)lY.Zip Gone o1 Subject Properly� � Check NdGreOit Cara t.o. appeals the decision of the fir/O4 ("jJZ{,.� `C- ii---county Board of Equalization P F n county Name '� County Board of Commissioners Property Tax Administrator 7/3i /o? (Check One) which was dated This appeal concerns: Valuation For tax year(s) aoo a _ Refund/Abatement _ Exemption /06, /03.12sooq /06,03y.x -°°g State Assessed / ar% / e7 3 t/R.S-OO 6 (Check One) 4s /0 Lk t O3N BScXJ CONCERNING COUNTY SCHEDULE NUMBER(S): /U (,, 1O 3t/r2S0O7 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: Commercial Residential ^ (Check One) _ Agricultural _ Vacant Land / _ Personal _ii Other(Specify) L//Ci[/S'/.-9'f` ACTUAL VALUE: n n Actual value of subject property for year in question as set by the County$ 4Q 01) l uJCL- ''Et lco dtnc . I believe the actual value of the subject property should be $ ct REPRESENTATION: Please check appropnale 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: 30 Minutes or 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 thal.have mailed or hand delivered V CountyBoard of Equalization one complete copy of this appeal to the LJ(C/. (v2tLi4- _ County Board of Commissioners A‘) County _ Property Tax Administrator in -}� v !}C G%x Colorado on (j (f 4_,,I2 & 9 7Q.� (check one-should be the same as the CA), Dale de nit gappealed) (Circle One)(,±g223.0 or Attorne igna ere 19ctv Priori: Mailing Address Mailing Address � � L l wt r¢ ) y 1"R a.2 3 City. State,Zip City,SLEW Zip 1eephone. Telephone: 3O7- x'37- dZor2_3 Daytime number,please E-Mail E-Mall: BAA- I/REV 2003 /So056 �l'¢�-'u.:;c0,-.?-7«tip 2003-2566 r>> gr; �/s (�,�{�c�i‘ka��� Rye Star Enterprises,LW Mark and Rose Bobo 2500 Road 85-Lingle, Wy 82223 Phone 307-837-2023 August 18. 2003 ' Board of Assessment Appeals 1313 Sherman Street. Room 315 0))- Q Denver. CO 80203 Re: Parcels # 106103425004 # 106103425005 # 106103425006 # 106103425007 # 106103425008 We are hereby appealing County Board of Equalization's valuation on the above parcels to the Board of Assessment Appeals We received a notice of valuation on these units on November 22, 2002 which divided the property into eight individual condo units reflecting the actual cost of each unit as the assessed valuation. These figures were very close to our actual costs and therefore seemed appropriate. However. In January/February 2003, the properties were assessed again and the valuation almost doubled There were no improvements made whatsoever between November 2002 and January 2003. We do not understand the reasoning for such a dramatic increase in value when (1) no additional improvements were made (21 the market is depressed and (3) these units have been completed since December 2001 and still have not sold! The lot that this building is on has been approved for two more buildings of the same type to be constructed We cannot see how we can possibly afford to to complete this project if the property taxes keep going up at this rate. We plan on attending this appeal and will answer any questions you might have. Respectfully submitted. 2‘,Se Z_AL 'nvc Star Enterprises. LLC Mark and Rose Bebo RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: FIVE STAR ENTERPRISES LLC O/O MARK AND ROSIE BEBO 2500 ROAD 86 LINGLE, WY 82223-9612 DESCRIPTION OF PROPERTY: ACCOUNT #: R1600102 PARCEL #: 106103425004 - JOH FSBC UNIT 4 BLDG 1 FIVE STAR BUSINESS PARK CONDO SITUS: 226 BASHOR DR 4 JOHNSTOWN 80534 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 toi 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: 2003-2089 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC - PAGE 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 11,745 6 7 s09- 1/4) Improvements OR Personal Property 94,790 TOTAL $ 106,535 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 OBOE 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.) 2003-2089 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC PAGE 3 Selecting the Arbitrator: In order to pursue arbitration, you must notify the OBOE of your intent. You and the OBOE 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 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 24th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ����.� /i♦ i � � EXCUSED Davi E. Long, air I861 t" " rk to the Board Robert D. Mas n, Pro-Tem mtz IC; ,fit •: 'Clerk to the Board M. J. Ile APPROVED AS TO FORM: Will e e A stant my Attorney Glenn Valit---4 Date of signature: "4/. 2003-2089 AS0055 RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: FIVE STAR ENTERPRISES LLC 0/O MARK AND ROSIE BEBO 2500 ROAD 86 LINGLE, WY 82223-9612 DESCRIPTION OF PROPERTY: ACCOUNT#: R1600202 PARCEL #: 106103425005 - JOH FSBC UNIT 5 BLDG 1 FIVE STAR BUSINESS PARK CONDO SITUS: 226 BASHOR DR 5 JOHNSTOWN 80534 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: • 2003-2090 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC PAGE 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 11,745 16 .7 g- 'JCS Improvements OR Personal Property 94,790 TOTAL $ 106,535 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.) 2003-2090 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC PAGE 3 Selecting the Arbitrator: In order to pursue arbitration, you must notify the OBOE 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 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 24th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS ,ICY, IEllaa WELD COUNTY, COLORADO • , e"` (,r_ EXCUSED iaei ( =i O Davi . Lo g, Chair to the Board Oft Robert D. Ma n, Pro-Tem B `�..�s7 Deputy Clerk to the Board M. J. G ile APPROVED AS TO FORM: 41- f GZn ( (.CQi Willia H. Jerkstant unty Attorne Adg,Glenn Vaa Date of signature: 2003-2090 AS0055 RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: _ FIVE STAR ENTERPRISES LLC 0/O MARK AND ROSIE BEBO 2500 ROAD 86 LINGLE, WY 82223 DESCRIPTION OF PROPERTY: ACCOUNT #: R1600302 PARCEL #: 106103425006 - JOH FSBC UNIT 6 BLDG 1 FIVE STAR BUSINESS PARK CONDO SITUS:US: 226 BASHOR DR 6 JOHNSTOWN 80534 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: 2003-2091 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC PAGE 2 • ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 11M44 Af6 czO)- - O2D Improvements OR Personal Property 95,571 TOTAL $ 107,415 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 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.) 2003-2091 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC PAGE 3 Selecting the Arbitrator: In order to pursue arbitration, you must notify the OBOE 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 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 24th day of July, A.D., 2003. ,�..` BOARD OF COUNTY COMMISSIONERS 4 it WELD COUNTY, COLORADO V� ll'� • . -��'�' ���' EXCUSED aei 11(i stir- ; Davi ELo g,A Chair to the Board O A 164L— Robert D. Mas n, Pro-Tem ii!Je`� Deputy Clerk to the Board ttt—) M. J. ile APPROVED AS TO FORM: ` -C- V/ • William H. Jerke W & t Ass' nt Co ty Attorneey 4-4(144 Glenn Vaad c Date of signature: 1)/31 2003-2091 AS0055 RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: FIVE STAR ENTERPRISES LLC 0/O MARK AND ROSIE BEBO 2500 ROAD 86 LINGLE, WY 82223-9612 DESCRIPTION OF PROPERTY: ACCOUNT #: R1600402 PARCEL #: 106103425007 - JOH FSBC UNIT 7 BLDG 1 FIVE STAR BUSINESS PARK CONDO SITUS: 226 BASHOR DR 7 JOHNSTOWN 80534 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: 2003-2092 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC- PAGE 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 11,745 # (o/ f g ,ta Improvements OR Personal Property 94,790 TOTAL $ 106,535 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.) 2003-2092 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC PAGE 3 Selecting the Arbitrator: In order to pursue arbitration, you must notify the OBOE of your intent. You and the OBOE 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 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 24th day of July, A.D., 2003: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO A EXCUSED Davi E L ng Chair 861 to the Board f�l Robert D. Mas n, Pro-Tem ign D_ep it lerk to t e Board J. G le APPROVED AS TO FORM: t,t(o� Will H. Jer As tant C ty Attornney II a Glenn Vaad - Date of signature: �/- ! 2003-2092 AS0055 RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: FIVE STAR ENTERPRISES LLC O/O MARK AND ROSIE BEBO 2500 ROAD 86 LINGLE, WY 82223-9612 DESCRIPTION OF PROPERTY: ACCOUNT #: R1600502 PARCEL #: 106103425008 - JOH FSBC UNIT 8 BLDG 1 FIVE STAR BUSINESS PARK CONDO SITUS: 226 BASHOR DR 8 JOHNSTOWN 80534 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: 2003-2093 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC PAGE 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 11,598 yy �6) 7t[/ 9.5� Improvements OR �/ 9 Personal Property 93,672 TOTAL $ 105,270 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 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.) 2003-2093 AS0055 RE: BOE - FIVE STAR ENTERPRISES LLC • PAGE 3 Selecting the Arbitrator: In order to pursue arbitration, you must notify the OBOE 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 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 24th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS ,#q ELa�� WELD COUNTY, COLORADO EXCUSED A� 1861 ��J ty Davy E� Lpng, Chair ty :'a to the Board (Nt�pi4yz (�\x u• Robert D. Mas n, Pro-Tem B '/%r!�rt Deputy Clerk to the Board L� M. J. G ile APPROVED AS TO FORM: >8 William H. Jer Q As • taut Co ty Attorney Glenn Vaad Date of signature: o -� 2003-2093 AS0055 Hue Star Enterprises,LW Mark and Rose Bebe 2500 Road 86-Lingle, Wy 82223 Phone 307-637-2023 August 18, 2003 Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Re: Parcels # 106103425004 # 106103425005 # 106103425006 # 106103425007 # 106103425008 We are hereby appealing County Board of Equalization's valuation on the above parcels to the Board of Assessment Appeals. We received a notice of valuation on these units on November 22, 2002 which divided the property into eight individual condo units reflecting the actual cost of each unit as the assessed valuation. These figures were very close to our actual costs and therefore seemed appropriate. However, In January/February 2003, the properties were assessed again and the valuation almost doubled. There were no improvements made whatsoever between November 2002 and January 2003. We do not understand the reasoning for such a dramatic increase in value when(I)no additional improvements were made (2) the market is depressed and(3)these units have been completed since December 2001 and still have not sold! The lot that this building is on has been approved for two more buildings of the same type to be constructed. We cannot see how we can possibly afford to to complete this project if the property taxes keep going up at this rate. We plan on attending this appeal and will answer any questions you might have. Respectfully submitted, 5ive Star Enterprises, LLC Mark and Rose Bebo Hello