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Home My WebLink About20012098.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2001, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: SAFEWAY INC#2918 C/O CPTS 1371 OAKLAND BLVD SUITE 200 WALNUT CREEK, CA 94596 DESCRIPTION OF PROPERTY: ACCOUNT#: P0004634 PARCEL#: 095911116006 -GR BSN1-A BITTERSWEET NORTH SITUS: 3526 W 10 ST GREELEY 00000 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 625,510 TOTAL $ 625,510 2001-2098 /Je. 4o AS0049 RE: BOE - SAFEWAY INC#2918 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 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) 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. 2001-2098 AS0049 RE: BOE - SAFEWAY INC#2918 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: iatalit / /! �`�� at() M. J. Geile, Chair Weld County Clerk to th oa �. 1861: S1 •41/42� • � .,��.� ,!�� Glenn Vaad,7��-1 m B . Deputy Clerk to the wL rJ ' V 4 j - U�� wH. Jerke APPRSIV-pD AS"WORM: 1 I J c9., FA!'/ avid E. Long Assistant County Attomey Robert D. Maslen 2001-2098 AS0049 NOTICE OF DENIAL I . , 6 .. OFFICE OF COUNTY ASSESSOR t IV} GR BSN1-A BITTERSWEET NORTH SITUS : 1400 NORTH 17th AVE. 3526 W 10 ST GREELEY 00000 GREELEY,CO 80631 PHONE(970)353-3845,EXT.3650 COLORADO OWNER: SAFEWAY INC #2918 SAFEWAY INC #2918 LOG 4949 C/O CPTS PARCEL 09591111600 1371 OAKLAND BLVD SUITE 200 ACCOUNT P0004634 WALNUT CREEK, CA 94596 YEAR 2001 The appraised value of property is based on the app,opp;aII.,,,,,. iJ..at„n J.'ti.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 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 NaalluaCQn(s)assigned toyourproperty. The reasons for this determination of value re as follows: g II sy peen made to te valuation of tis 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 PbRS PROP 625510 625510 625510 - 625510 TOTALS $ $ 5 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- lO6(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 2001-2098 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 095911116006/P0004634 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 assig e o persona erty should be no more than $312,755. t� -07O SIONAt UKt UAf b1 IONK UA1e an oe, #7641 - Holland & Hart LLP, 8390 E. Crescent Pkwy., Ste. 400, Gree wood Village, CO 80111 — Counsel for Petitioner Safeway, Inc. CLERK TO THE BOARD tcs ‘ 5 PHONE (970) 356-4000 EXT 4217 FAX: (303)352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET P.O. BOX 758 O GREELEY, COLORADO 80632 COLORADO July 23, 2001 SAFEWAY INC & DIST OFC CPTS 1371 OAKLAND BLVD., SUITE 200 WALNUT CREEK CA 94596-4349 Parcel No.: 095911122001 Account No.: P0006246 Parcel No.: 080719006001 Account No.: P1809301 Parcel No.: 095911116006 Account No.: P0004634 Parcel No.: 096108205002 Account No.: P0004635 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 31, 2001, at or about the hour of 11:00 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, First Floor Hearing Room, 915 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attomey to represent you. If you do not choose to attend this hearing,a decision will still be made by the Board by the close of business on August 6,2001,and mailed to you on or before August 10, 2001. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above,the Board will have no choice but to deny your appeal. At least two(2)working days prior to your hearing the Assessorwill have available,at your request, the data supporting his valuation of your property. Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION gaaMil Donald D. Warden, Clerk to th7 Board BY: `k. .41-f4 D -4 7,e-c_ ._ arol A. Harding, eputy - cc: Stanley Sessions, Assessor HOLLAND AND HART LLP ATTORNEYS AT LAW 8390 E CRESCENT PARKWAY SUITE 400 GREENWOOD VILLAGE CO 80111-2800 BOE SUMMARY SHEET Account Number P0004634 Parcel Number: 095911116006 SAFEWAY INC#2918 C/O CPTS 1371 OAKLAND BLVD SUITE 200 HEARING DATE: July 31, 2001, AT 11:00 AM HEARING ATTENDED? (Y® NAME: AGENT NAME: HOLLAND AND HART LLP ATTORNEYS AT LAW 8390 E CRESCENT PARKWAY SUITE 400 GREENWOOD VILLAGE CO 80111-2800 APPRAISER NAME: SIG-El '?,ct_e_i_e...v.._e— DECISION ACTUAL VALUATION ORIGINAL SET BY BOARD Land $ 0 $ Improvements OR Personal Property 625510 Total Actual Value $ 625510 $ COMMENTS: MOTION BY TO 7 SECONDED BY Geile -- 1? ) Jerke --�, ) Failed to prove appropriate value Long -- N) No comparables given Masden -- ;1' ) Assessor's value upheld Vaad -- ' / ) Other. L RESOLUTION NO. Hello