HomeMy WebLinkAbout20032607.tiff PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use
Date: August 15th , 2003 Docket Number
PETITIONER, Kimmark LLC v N Fee
14125 Mead St Longmont, Co 80504
Check Number
appeals the decision of the WELD '/County Board of Equalization
_County Board of Commissioners ' F H
_Property Tax Administrator
which was dated June 26th , 2003
This appeal concerns: Valuation For tax year(s) 2003 &
_ Refund/Abatement
_ Exemption
_State Assessed
CONCERNING COUNTY SCHEDULE NUMBER(S): R6829297 - Parcel #120723304003
TYPE OF PROPERTY: This property is currently classified by the County as:
'/ Commercial _ Residential
_ Agricultural Vacant Land
_ Personal _ Other(Specify)
ACTUAL VALUE:
Actual value of the subject property for year in question as set by the County $ 535,890
I believe the actual value of the subject property should be$ 450,000
REPRESENTATION: Please d,eck appropriate responselsi
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 1:00 Hour(s).
ATTACHMENTS'. The folk:mina documents MUST BE ATTACHED to your appeal in order for the Board to accept filing,
1) The decision being appealed. 2) Assessors 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
Cy to each p
I certify to the Board of Assessment Appeals that I have mailed or hand delivered attachment 4 above erson identified in
one complete copy of this appeal to the WELD ICounty Board of Equalization
�J _County Board of Commissioners
ajin Greeley ,Colorado on August , 2003 _Property Tax Administrator
Greg Evans \
CAgen or Attorney Pe l s sign re
820 Simms Si. , Suite#12 Bridge & sociates , 820 Simms St. , Suite#12
Golden, Co. 80401-4472 Golden, Co. 80401-4472
Telephone:(303)-237-6997 Telephone: (303)-573-7000
riot 7
(z/rnm�iivi�'¢7�� 2003-2607
DAA-1/rev.95 41,f
J -e y
RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
KIMMARK LLC
14125 MEAD ST
LONGMONT, CO 80504
DESCRIPTION OF PROPERTY: ACCOUNT#: R6829297 PARCEL#: 120723304003 -
MEA VBP-26 L2B VALLEY 66 BUSINESS PARK REPLAT "A"
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 Greg Evans, Bridge and Associates,
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 $ 98,010
Improvements OR
Personal Property 437,880
TOTAL $ 535,890
2003-2283
AS0055
RE: BOE - KIMMARK LLC
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, oor_ (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.
2003-2283
AS0055
RE: BOE- KIMMARK LLC
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 mall 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 4th day of August,A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE
OUNTY,,�COLORADO
ATTEST: � ' J� d_J 4 C 4 o
vid E. ong, Ch it
Weld County Clerk to the Board
e Robert D. M en, Pro-Tern
�.tothe = •�
�iui Ile
;;. ;e FORM:
R' 1-r �'j..„
'%Oi c l William H. Jerk
s -ntCo1 tyA omey / aAr , � ►/
Glenn Vaad�
Date of signature: • / G2
2003-2283
AS0055
SENT BY: CONSTRUCTION CONCEPTS INC. ; 970 535 0299; MAY-22-03 1 :18PM; PAGE 4/5
' Nay 17 03 03: 11p Brid & Associates 303 5''' 7050 P• a
7
Bridge &Associates
820 Simms St., Suite#12 AUTHORIZATION TO APPEAR BEFORE THE:
Golden,Co. 80401-4472
Phone: 303-573-7000 WELD COUNTY ASSESSOR AND THE
Fax: 303-573-7050 WELD COUNTY BOARD OF EQUALIZATION,
THE COLORADO BOARD OF ASSESSMENT APPEALS
AND ALL COLORADO STATE COURTS, ON BEHALF OF
THE OWNER OF RECORD OF REAL PROPERTY.
( Kimmark.LLC ( owner and/or agent) of the owner of real
property, ("the Property") located at 14125 Mead St.,Mead. CO /4108 N.Valley Dr.,Mead,CO
, and described more specifically as:
,_c hedultNo.(s1:#8 6829197 1 8 6829297
Parcel-ID No.(s)-#17D723304002/ 120723304003
do hereby authorize: Bridge &Associates,to represent my interests and to appear on my behalf before the County
Assessor,the WELD County Board of Equalization, the Colorado Board of Assessment Appeals
and all Colorado state courts.for purposes which arise from any matteris) concerning the valuation and taxation of the
of the Property for tax years 2003 and 2004.and for all previous years as allowed by applicable Colorado law and the
rules and regulations of the above-referenced entities.
I further authorize Bridge &Associates to appear as a witness at all formal or informal hearings of the above-
referenced entities and to testify as to the valuation of the Property and to the accuracy of any factual documentation
submitted on my behalf in connection with the Property.
The undersigned request that copies of all decisions from the WELD County Assessor,
the: WELD County Board of Equalization, and the Colorado Board of Assessment Appeals, be
mailed to: Bridge & Associates. 120 Simms St., Suite #12. Golden. Co. 80401-4472.
Further,the undersigned expressly revokes all previous authorizations relating to the Property and the subject
matters referenced herein. This authorization shall remain in effect until this authorization is terminated in a written
instrument executed by the undersigned.
et
Dated this: /9 day of_r4wr , 20 cS Company: \e,vri neN alu t 4L
1 Federal Tex IDs:
STATE OF l n Q\otr, ) By: \--`<—• ^ �`
)SS Title:
COUNTY OF tJ`S ,Q ) Phone: q-°- S—ZrC- vtrey
Sworn to and subscribed before me on this: 1 ` day of: , 20 C3
fl1 .pa by :,r .ice„15 1
cis my . - 'i d official seal.
My Com is' n.eapir s.� q a14 I
e Dawn J. 9 r,
ra KESTERKE ` • Pubtic:
/ICJ'• ?�Od tire ss: r -7.1/4.19
'',E0F'C0' . .-->a,r \An ('l r%i (
Directly Interested
Kim Dewey 970-535-0600
14125 Mead St Longmont, Co 80504
WITNESS LIST
GREG EVANS, President of Bridge & Associates, Golden, Colorado, will be called as an
expert witness in the area of the consulting service of commercial real property and as
an expert witness in the area of real property valuation of ad valorem tax purposes.
Greg Evans will offer factual and opinion testimony concerning the subject property and
its valuation for the tax year in question.
EDUCATION:
The Appraisal Institute, University of San Diego, CA — 1991
The Appraisal Institute, Arizona State University, AZ — 1991
The Appraisal Institute, Atlanta, GA - 1994
The Appraisal Institute, University of Colorado, CO - 1997
Coursework:
General Applications
Principles of Income Property Appraising
Basic Valuation Procedures
Real Estate Appraisal Principles
Standard of Professional Practice
AFFILIATIONS:
President Bush's Business Advisory Committee 2002
Pending Legislation
Advisor-Impact Studies
Business Owners and Managers'Association 1987-Present
Colorado Restaurant Owners'Association 2000
Business Advisory Committee 1996
Mental Health Corp of Denver (MHCD)
Hello