HomeMy WebLinkAbout20012101.tiff RESOLUTION
RE: THE BOARD OF EQUALIZATION, 2001, WELD COUNTY, COLORADO - DENY
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
PETITION OF:
SAFEWAY STORES 46 INC#1791
1371 OAKLAND BLVD#200
WALNUT CREEK, CA 94596
DESCRIPTION OF PROPERTY: ACCOUNT#: P1809301 PARCEL#: 080719006001 -WIN
1 HS L1-5 BLK1 HOEHNE 1ST FG SITUS: 1535 MAIN ST WINDSOR 80550
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 2001, 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 2001, 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 $ 0
Improvements OR
Personal Property 1,692,794
TOTAL $ 1,692,794
2001-2101
AO . 6-4!e/ a1y A? AS0049
RE: BOE -SAFEWAY STORES 46 INC#1791
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), CRS)
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 523
Denver, CO 80203
Phone: 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
orany other evidence may be introduced at the District Court hearing. Forfiling
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), CRS)
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, CRS)
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 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.
2001-2101
AS0049
RE: BOE - SAFEWAY STORES 46 INC#1791
Page 3
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., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: s -7/7
La M. J. Geile, Ch-ir
Weld County Clerk to the .� r.► /
��� �� Iasi (' •,? lenn Vaad, - b-
BY: iYYL ✓t/(,td> �,�
Deputy Clerk to the Boob ® l4'* A tc il _ �✓
♦ QM\ Mt am H. Jerke
AP )VVE 1 AS TO F (0[.(P/
av Lg
sistant County Attorney ,qV�'-a1U\ _'
Robert D. Masden
2001-2101
AS0049
NOTICE OF DENIAL
OFFICE OF COUNTY ASSESSOR
6 WIN 1HS Ll-5 BLK1 HOEHNE 1ST FG 1400 NORTH 17th AVE.
i\IP ' SITUS: 1535 MAIN ST WINDSOR 80550 GREELEY,CO 80631
V� PHONE(970)353-3845,EXT.3650
•eg r. ^?
• PE( ftWNER: SAFEWAY STORES 46 INC #1791
COLORADO
SAFEWAY STORES 46 INC #1791 LOG 4947
1371 OAKLAND BLVD #200 PARCEL 08071900600
ACCOUNT P1809301
WALNUT CREEK, CA 94596 YEAR 2001
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):
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
aluati n s assi n d to r ro ert T e re onsp this dete mina ton of valu a fellows:
Igo mange' nlasypDeen t mate to ton valuation o rtriis property. Colorado law require
us to send this notice of denial for all properties on which we do not adjust th
value.
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE
OF VALUE ACTUAL VALUE ACTUAL VALUE
PRIOR TO REVIEW AFTER.REVIEW.
PERS PROP 1692794 1692794
16927)4 16)2794
TOTALS $ $ $
APPEAL DEADLINES:REAL PROPERTY-JULY 16,PERSONAL PROPERTY-JULY 20.
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-
I06(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. 07/09/2001
By: Stanley F. Sessions
WELD COUNTY ASSESSOR DATE
15-DPT-AR
2001-2101
Form PR-207-87/99 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 2 and continuing through August 6 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 compleated form to the County
Board of Equalization. To preserve your right to appeal,your appeal must be POSTMARKED OR DELIVERED
ON OR BEFORE JULY 16 FOR REAL PROPERTY, AND JULY 20 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 EOUALIZATION'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 hearings and render decisions by August 6.
TAXPAYER RIGHTS FOR FURTHER APPEALS:
If you are not satisfied with the County Board of 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.
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 12.
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, C.R.S., YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR
AMOUNT. Attach additional documents as necessary. Schedule Number 080719006001/P1809301
The actual value assigned to the personal property on this schedule is excessive because that actual value
fails to reflect: (1) unrecorded disposals; (2) the full amount of depreciation actually existing in this personal
property; and (3) the classification of certain items as personal property rather than real property. The actual value
assign d rty should be no more than $846,397.
1 <"` 7—.7-
bIONA1UK.Uhr I I1JNbK UAL E.
Alan Poi, #764 - Holland & Hart LLP, 8390 E. Crescent Pkwy., Ste. 400,
Greenwood Village, CO 80111 — Counsel for Petitioner Safeway, Inc.
BOE SUMMARY SHEET
Account Number P1809301 Parcel Number 080719006001
SAFEWAY STORES 46 INC#1791
1371 OAKLAND BLVD#200
HEARING DATE: July 31, 2001, AT 11:00 AM
HEARING ATTENDED? (OP NAME:
AGENT NAME: HOLLAND AND HART LLP
ATTORNEYS AT LAW
8390 E CRESCENT PARKWAY SUITE 400
GREENWOOD VILLAGE CO 80111-2800
APPRAISER NAME: RAA
DECISION
ACTUAL VALUATION
ORIGINAL SET BY BOARD
Land $ 0 $
Improvements OR
Personal Property 1692794
Total Actual Value $ 1692794 $
COMMENTS:
MOTION BY a GTE TO
SECONDED BY 7 Geile-- )
Jerke- )
!- Failed to prove appropriate value Long )
No comparables given Masden - N)
Assessor's value upheld Vaad - /N)
Other:
RESOLUTION NO.
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