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Home My WebLink About20012583.tiff • Flanagan Bilton A Nationwide Practice Limited to Property Taxation - - soo East Randolph Drive, Suite 6goo Attorneys at Law ! II`, � Chicago, Illinois 60601-6goo • Telephone: (312) 782-5000 Facsimile: (312) 565-0821 rt_ Y 1. .August 29, 2001 nCr ' Via Certified Mail State of Colorado Board of Assessment Appeals 1313 Sherman Street Suite 315 Denver, CO 80203 Re: Rock Bottom Restaurant#10 2349 West 29th Street Greeley, CO Parcel No.: 095924100006 Account No.: R2597786 County: Weld Dear Board Member: We are hereby appealing the decision from the Weld County Board of Equalization pertaining to the above referenced property Enclosed herein please find the following: • Petition to State Board of Assessment Appeals form (4 copies) • Weld County Assessor Notice of Determination (4 copies) • Weld County Board of Equalization Decision (4 copies) • Authorization Form (4 copies) • Check No. 17239 in the amount of$25.00 for filing fee If you have any comments or questions, please feel free to contact me. Sincerely, 4e}if- 71. kr 4-) Spero N. Kopitas SNK:mrc Enclosures cc: Weld County Board of Equalization dense/II 11111(M)(M) .4.-5o0 yg 9-is Y/ Tampa • Houston Phoenix • Santa Fe • New York • Columbus • LaJolla /r 7%i 2001-2583 • PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Date: AUGUST 29,2001 PmoNER, EVIN GREELEY LLC 84.85%& DocketN umber ET FEE Name of Property Owner 2349 West 29th Street, Greeley, Colorado 80631 Street Address,City,Zip Code of Subject Property Check No./Credit Card No. appeals the decision of the WELD ✓ County Board of Equalization P F H County Name _ County Board of Commissioners _ Property Tax Administrator (check one) which was dated AUGUST 2, 2001 This appeal concerns: ✓ Valuation For tax year(s) 2001 _ Refund/Abatement _ Exemption State Assessed (Check One) CONCERNING COUNTY SCHEDULE NUMBER(S): 095924100006 If more than one schedule number is Involved,please list on a separate page. TYPE OF PROPERTY: This.property is currently classified by the County as: ✓ Commercial _ Residential (Check One) _ Agricultural _ Vacant Land Personal _ Other(Specify) ACTUAL VALUE: Actual value of subject property for year in question as set by the County$ $745,750 I believe the actual value of the subject property should be$ $525,000 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 ✓ or a Colorado Attorney_ ESTIMATED TIME FOR PETITIONER TO PRESENT THE APPEAL: 60 Minutes or 1 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 GREELEY County Property Tax Administrator in ,Colorado on AUGUST 29. 2001 (check one-should be the same as the City y Date decision being appealed) SPERO N. KOPITAS '4 71. VtAltri (Circle One nt Attorney Petitioners Signature 200 EAST KANDOLPH DRIVE,SUITE 6900 Mailing Address Mailing Address CHICAGO, IL 60601 City,State,Zip City,State,Zip Telephone: 312-782-5000 Telephone: SM-vakVsom Daytime number,please RESOLUTION RE: THE BOARD OF EQUALIZATION, 2001, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: EVIN GREELEY LLC 84.85% & 1400 GLENARM PL STE 201 DENVER CO 80202 DESCRIPTION OF PROPERTY: ACCOUNT #: R2597786 PARCEL #:R2597786 - GR 17622-A PT NE4 24 5 66 (GALLERY GREEN ANNEX) BEG NE COR OF SEC THENCE S491' TO INTSEC OF E LN & C/L 29TH ST THENCE ALONG C/L OF 29TH ST N89D59'W 247.96' THENCE WLY ALONG A CURVE 148'THENCE N76D23'W 60'N13D36'E 40'TO A PT ON NLY R/W LN OF 29TH 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: 2001-2221 Pa G . AZ I C-12.1t"n AS0049 RE: BOE- EVIN GREELEY LLC 84.85% & Page 2 ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 275,000 Improvements OR Personal Property 470,750 TOTAL $ 745,750 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 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), 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) 2001-2221 AS0049 RE: BOE- EVIN GREELEY LLC 84.85% & 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 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 $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 2nd day of August, A.D., 2001. BOARD OF C UNTY COMMISSIONERS WELD COU ,//COLORADO ATTEST: L M/ , '27 it& M. J. eile, Ch•.'r Weld County Clerk to the B /• s . 'a" '� lenn Vaa , Deputy Clerk to the Willi . Jerke APP E AST ♦ ^ (� n _. - 2r.�..� 1 1I o �L C1J� vi E. Lon ssistant Coun Attorney . Robert D. Masden 2001-2221 AS0049 • • NOTICE OF DENIAL oFFlc$OF COUNTY ASSESSOR 414 GR17622-A PT NE4 24 5 66 (GALLERY iadDNORTH17th063 GREEN ANNEX) BEG NE COR OF SEC OREELEY,CO80631 CE 8491' TO INTSEC OF LN & PHONE(970)353-3M5,EXT.3650 , , 2C T 29TH ST THENCE ALONG C L OF CE 2 TX ST ST THENCE 247.96' CE WLY *ALONG A CURVE 148' THENCE N76D23'W COLORADO OWNER: EVIN GREELEY LLC 84.85% & EVIN GREELEY LLC 84.85% it LOG 3269 1400 GLENARM PL STE 201 • PARCEL 09592410000 ACCOUNT R2597786 DENVER, CO 80202 YEAR 2001 • • The appraised value of property Is based on the appropriate consideration of the approaches to value required by law. The Assessor has detemined that your property should be included in the following ategory(les): 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,fir*protection,and other special districts)hold budget hearings in the fall. Please refer to your mx 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 ore as follow No change has been made to the valuation of this property, Colorado law requires us to send this notice of denial for all properties n 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 COMMERCIAL 745750 745750• • TOTALS S g 745750 S 745750 APPEAL DEADLINES:REAL PROPERTY.JULY 16,PERSONAL PROPERTY-JULY 20. ff 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),CRS. Please see the back of this form for detailed information on filing your appeal. Post-it Fax Note 7671 Dab I*ot 07/11/2001 Mahal To ��Ckn �� S From '4 n DATE Co./Dept ' Co a Phone* Phone* ROCK BOTTOM RESTAURANTS INC. AUTHORIZATION FORM Re: Rock Bottom Restaurant#10 Greeley,CO Parcel No.: R2597786 County: Weld TO WHOM IT MAY CONCERN Please be advised that the law firm of FLANAGAN I HILTON has been retained by the taxpayer to represent this property for tax year 2001 and no other law firm has been so retained. Dated: y/Z/OI T er / 1 T,r :t RZ�I ND SWORN TO A /�� 1eforFe 4= y of APP-g..-- ,2001 248 Centennial Parkway Suite 100 Louisville Colorado 80027 Phone 303.664.4000 Fax 303.664.4199 17239 FLANAGANIBILTON ASSOCIATED BANK ATTORNEYS AT LAW CHICAGO,IL 60601 200 ANDOLPH DR.,STE.6900 2-2141710 E.R CHICAGO,IL 60601-6400 8/28/01 PAY TO THE State of Colorado $ "25.00 Twenty-Five and 00/100..«..................*444n.,............a...............«....+. DOLLARS a it State Board of Assessment Appeals Department of Local Affairs 1313 Sherman Street, Rm 315 Denver, Colorado 80293 MEMO Filing Fee \ ' ,{ M L723911' 1:0 7 100 2 14 71: 216008806411' FLANAGANIBILTON/ATTORNEYS AT LAW 17239 -.. State of Colorado 8/28/01 Rock Bottom Restaurant#10 25.00 Checking Filing Fee 25.00 Hello