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Home My WebLink About20032599.tiff PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Date: August 25, 2003 Docket Number PETITIONER, River Valley Village Mobile Home Park LLLP y N FEE Name of Property Owner 10910 Turner Blvd., Longmont, CO 80504-6238 Street Address,City.Zip Code of Subject Property Check NolCredil Card No. appeals the decision of the Weld ✓ 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: V Valuation For tax year(s) 2003 _ Refund/Abatement _ Exemption State Assessed (Check One) CONCERNING COUNTY SCHEDULE NUMBER(S): R0073387 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$ 4,935,000 I believe the actual value of the subject property should be$ 4,000,000 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 V 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 attachment4 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 Auaust 27. 2003 (check one-should be the same as the City Date decision being appealed) //J (Circle One) Agent or Attorney Petiti.. Signature Go Deloitte : ouche 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: /q� BAA-I/REV 200,3 A. c-s 00 inri9aw((49-1ie:N S 2003-2599 o`> o - oO nc ; Aft y ' �y�� S RESOLUTION { RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO -DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: RIVERVALLEY VILLAGE MOBILE HOME PARK LLP 2 WEST DRY CREEK SUITE 200 LITTLETON, CO 801210 DESCRIPTION OF PROPERTY: ACCOUNT#: R0073387 PARCEL#: 131310100037 - 25107-R PT E2NE4 10 2 68 COMM NE COR E2NE4 S89D31'W 450' SODO5'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' NODO5W 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 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 being represented 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 the Weld County Assessor shall be, and hereby is, affirmed as follows: 2003-2147 AS0055 at: BOE - RIVERVALLEY VILLAGE MOBILE HOME PARK LLP • PAGE 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 4,935,000 Improvements OR Personal Property 0 TOTAL $ 4,935,000 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 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.) 2003-2147 AS0055 RE: BOE - RIVERVALLEY VILLAGE MOBILE HOME PARK LLP 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 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 $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of July, A.D., 2003. �..� BOARD OF COUNTY COMMISSIONERS Waal COUNTY, COLORADO ,, • n y I�� ,q, y 412/144 / ( . C=4 last 1 ;�._ _ David E. Long, Chair ty to the Bo d �r. �►" r EXCUSED Robert D. M en, Pro-Tern Deputy Clerk to the Board m 6� M. J Gei e APPROVED AS TO FORM: tr-; 1274-- !/ William H.dJJeerrkkee, Ass' nt Covity Attorey / Glenn Vaad Date of signature: "lb/ 2003-2147 AS0055 OUL UJ CUVJ IIIU 11' IU MI VIti1VV f fill 11V, JVJ IJVVUVV 1 , VI - D OFFICE OP COUN'lYA$SItSSOR NOTICE OF DENIAL 1400 NORTH 170i AVE. 6 GREET EY,CO 80631 t 25107-R PT E2NE4 10 2 68 COI NE rHONr(97o)353a84s,t7ct.365o • a COR E2NE4 S89D31'W 450' S0D05 E 392 ,7' TO NE COR OF TRACT DESC IN AK 585 REC #1506519 TO TRUE PO13 S0D05'E 97.1' S89D54'W 299.99' SOD05'E 2140.77' TO E-W FENCE LN OWNER: RIVERVALLEY VILLAGE MOBILE HOME PARK LLP RADO RIVERVALLEY VILLAGE. MOBILE HOME PARK LLPjel ,n�p�� iiiiCrr,G 1313101,0 2 WEfi'P DRY CREEK SUITE 200 QJ� 11 YFJR2003 LITTLETON, CO 801210 3 D-S 6 v)eir'kite uppt�Sd wouo of ixopl+ty is based on the appropriate consideration of the approaches to value regenrodl+y Inw, 'file Aticstior has determined dust your muttony should he includes,in the following category(ics): All thercos. including t, market, vacant approaches.d by If your concern is list amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts)hold budget bearings in the fill. Please refer to your tax bill or ask your Assessor for a listing of dune districts,and plan to attend these budge,hearings. 'I he Assessor tars carefully studied nil available information,giving particular attention to the specifics included on your protest,and hats determined the vahuntoli(s)assicnctl to your property. The masons for Ibis determination of value aro: publiphc ebyythesState DivisionrorapropertylTaxati .Colorado prootesdt ofsvaluelhas 2001/20 2 time due period comparison showsayoureactualsproperty valuer during the correct or the period. d::.7—: — �.. PETITIONER'S ASSESSOIt'S VALUATION PROPERTY CLASSIFICATION ESTIMATE. OF VALUE ACTUAL VALUE AC:TLIAI,VALUE PRIOR TO REVIEW AFTER REVIEW - 4935000 4935000 RESXDE;NTIAL • TOTALS $ S 4935000 $ 4935000 L - Y^4+'=:.'=1�i'L6.-SJ� 9L-D „ •I. APPfiALllIiMLININFS: REAL PR0('RR'I'Y—JULY h5,PERSONAL PROPERTY—JULY If you disagree with tits'Assessors decision,you have the right to appeal to the County Board of Equalisation for further col sldernUou,304- I06(1)(a),C.IL.S. Please see the back of this form for detailed information on filing your appeal. 06/26/2003 lty:_ _ Stanley Ea Sessions — DATE. W1/O COUNTY ASSESSOR I5-UVf-AR SIDE Farm pt440747A3 ADDITIONAL IN FORMATION ON REVERSE. PAGE 718'RCVD AT 113120,;111:09:39 AM[Mountain Daylight Tint SAM'DNIS:383'CSID:3037308950'DURATION OwMs):03 8 Y U U iIA V L -1 HE Kltili i Ill AYYlAL lilt AJSEJJUK"J 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 NO i U ICATION OF RP ARING: 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 APPALS: If you are not satisfi41 with the County Board of Equalization's decision you must file within thirty days of the County Board of Eqttalization's written decision with ONE of the following: Board of Assessment Appeals(BAA): • Contact`the BAA at 1313 Sherman, ltoom 315,Denver; Colorado 80203, (303)866-5880. www.dola.colorado.gov/baa District Court: • 9th Avenue and 9th Street,F.O..Box.C GreeleyrColorado 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. 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. eel visite, Yalta=Pikaa6;a° UAa } 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: boo r W1 Title: �ic�c�OC c5 Acr_uura-h.5 nra Adn-;n Address: a (K] D r va C f'Se K Guth d t Slut . O01 I�k-VA-P tm Co $01;10 Phone Number: 363-n"2,O- a.ocb Parcel/Schedule Number(s): R0073387(1313-10-1-00-037) Subscribed and sworn before me this C9Q1i day of qvµ, ,2003. Notary Public, State of C—QQXjc ,(th) `ontommitl4brq • cF My commission expires 10 20 by , 7t12Lt ;:c r. 1£�U:•,PUBLIC, 9 *. /v�r ca e ..._ 4 "'fNp1411n�I1 M�N� Two West Dry Creek Circle, Suite 200•Littleton,CO 80120-4479• (303)730-2000•Fax(303)730-8950 El Hello