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HomeMy WebLinkAbout20142353.tiff For Office Use Only PETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Docket No. Denver, Colorado 80203 Fax: (303) 866-4485 Fee: y N ��77 Check/Credit Card# Date: 44LZX y P F H Property Owner: SHARON CARLEY Subject Property: 2580 S. MAIN ST ERIE outer Aortas Lay Schedule Number(s): R5834686 Attach separate sheet if necessary 0 Board of Equalization Appeals the decision of the WELD 0 Board of Commissioners Dated: 7-31-14 County L1 State Property Tax Administrator This Appeal concer9 aluation nRefund/Abatement Dxemption (State Assessed Tax Year: 2014 The subject props is currently classified as: ❑ Agricultural Commercial 0 Exempt ❑ Industrial 0 Mixed Use 0 Natural Resources ❑ Oi! &Gas Personal 0 Possessory ❑ Producing 0 Residential 0 State Assessed ❑ Vacant Land Interest Mines Actual Value assigned to subject property: $818,289 Petitioner's estimate of value: $600,000 Estimated time for Petitioner to present the appeal: minutes or 4 hours. Not less than 30 minutes.Board will allow equal time to County or Property Tax Administrator. Appearance: O Petitioner will appear by telephone o Petitioner will be present at the hearing Petitioner is responsible for calling the Board at 303-866-5880 Petitioner will be represented by an agenttip on the scheduled date and time of hearing(Mountain Time Zone) etitioner will be represented by an attorney Except as provided in§13-1-127(2)and(2.5)C.R.S. 2000, a corporation must appear under the representation of a licensed attorney. See BOP Industries v. State Board of Equalization, 694 P.2d 337(Colo.App. 1984). Filing Fee: ❑ None Petitioner is appearing pro se(self-represented)and has not filed more than two Petitions with the Board of Assessment Appeals during this fiscal year(July 1 -June 30). ❑ $33.75 Petitioner is appearing pro se(self-represented)and has filed more than two Petitions with the Board of Assessment Appeals during this fiscal year(July 1 -June 30). 101.25 Petitioner will be represented by an agent or by an attorney. In the space below,please explain why you disagree with the value assigned to the subject property BASED UPON INCOME RECEIVED AUG 282014 WELD COUNTY COMMISSIONER" Ummujitalias CC:Atli-- a-Psob) 2oj�- 353 9'3-tae/ l as AS 00518 to read the Instructions and Rules of the Board of Assessment Appeals are strongly encouraged pPeals Required attachments to this form: O Assessors or Property Tax Administrators Notice of Valuation or Notice of Denial Decision of County Board of Equalization,County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: pnotarized Letter of Authorization if an agent will be representing Petitioner A list of names, last known addresses and telephone numbers of co-owners or parties directly interested in the subject property if applicable. prior to completing this Petition Form. TheCertificate of Service Instructions and Rules are available I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed,faxed or hand delivered to: WELD O Board of Equalization O Board of Commissioners County O State Property Tax Administrator at the following address: P O BOX 758 GREELEY CO 80632 on <C1\ (L-( Date I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed,faxed or hand delivered to all co-owners or parties directly interested in the subject property on 1-zz- (`I Date I hereby certify that four(4)true and correct copies of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room 315, Denver, CO 80203 on g-22.- Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) Petitioner's Mailing Address is Required Even if Petitioner is Represented by An Agent or Attorney(per C.R.S. 39-8-109} Signature of Agent X or Attorney_ Signature of Petitioner STEVE A.EVANS l�E E COMPANY,INC. SHARON CARL EY Printed Name Printed Name P O BOX 1750 2580 S MAIN ST Mailina Address CASTLE ROCK, CO 80104 ERIE,CO 80516 City,State,Zip Code City,State,Zip Code Telephone: 720-351-3515 Telephone Daytime number E-Mail: Steve@TheEcompany.net E-Mail: Attorney Reg. No.:, It is the Petitioner's responsibility to notify the BAA of any change of address. Jun 021409:58a Aero Systems, 3. 365-6367 p.4 WD ocaa the company, inc. REAL ESTATE TAX SERVICES P O BOX 1750 CASTLE ROCK, CO 80104 720-351-3515/FAX-720-344-3498 SECTION 4:AGENCY AUTHORIZATION FORM AUTHORIZATION TO APPEAR BEFORE THE WELD COUNTY ASSESSOR, CBOE, CBOCC AND THE COLORADO BOARD OF ASSESSMENT APPEALS AND ALL COLORADO STATE COURTS ON BEHALF OF THE OWNER OF RECORD OF REAL PROPERTY FOR VALUATION FOR TAX YEAR 2014/2015 AND ALL OTHER YEARS ALLOWED BY APPLICABLE COLORADO LAW. Persons who own, control, or possess property valued by the County Assessor may each year designate an agent to act on their behalf on any matter relating to the review of the valuation of the property before the Assessor and/or the County ROE/BOCC or Colorado Board of Assessment Appeals. • Further, the undersigned expressly revokes all previous authorizations relating to the Property and the subject matters referenced herein. This authorization shall remain in effect untl this authorization is terminated in a written instrument executed by the undersigned. • The undersigned thither authorize THE E COMPANY INC. to appear as a witness at all formal or informal hearings 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. • Notices issued by the Assessor or Board of'Equalization or Colorado Board of Assessment Appeals relating to the review of valuation of that property shall be sent to the agent of record at THE E COMPANY INC. P O BOX 1750 CASTLE ROCK,CO 80104 DESIGNATION MADE BY:ere a Rion SHARON CARLEY COMPANY NAME OWNER SHARON CART.1W PRINT NAME OF PERSON OWNING.CONTROLLING OR POSSESSING PROPERTY OR CONTACT PERSON 171E I,THE UNDERSIGNED,HEREBY DESIGNATE THE ABOVE NAMED AGENT TO ACT ON MY BEHALF IN ALL MATTERS PERTAINING TO THE REVIEW AND APPEAL OF REAL AND/OR PERSONAL PROPERTY VALUATION AND CLASSUICATI0N WITH THE ASSESSOR OR THE BOARDS OF EQUALIZATION OR THE COLORADO BOARD OF ASSESSMENT APPEALS.111IS AUTHORIZATION IS LIMITED TO THE PROPERTIES LISTED BELOW AND ON THE ATT CONTTNU=TION 'sRM(S). Oa/� 1/4 if Dare /�;//_ S' of Owning, tr•'i' or Possessing Property ADDRESS:. 2 t t ST scWE NumBZR:Rsam6s6 STATE OF chAa. ) ).SS COUNTY OF Tit./ ) Sworn to and subsm'bed before me this .td day of 5 to 201 by 54•....t. Witness my hand and official seal.My Commission expires J ge A 24•Notary Public: __ smeammeauso STMEWF00101 C liellefmycowmenpE Minn ' � CLERK TO THE BOARD X86_ PHONE (970) 336-7215, EXT 4226 IL SOMME FAX .co. 352-0242 .co.us \I WEBSITE: www.co.weld.co.us 1150 O STREET �••���/ P.O. BOX 758 C O U N GREELEY CO 80632 July 31, 2014 CARLEY SHARON K C/O AERO SYSTEMS INC 2580 S MAIN ST ERIE, CO 80516-8143 RE: THE BOARD OF EQUALIZATION 2014, WELD COUNTY, COLORADO ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRMATION OF ASSESSOR'S VALUE ACCOUNT NO.: R5834686 Dear Petitioner: On July 29, 2014, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq., considered your request for an Administrative Denial of your petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2014. The Assessment and valuation is set as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY ASSESSOR SET BY BOARD $818.289.00 $818,289.00 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three(3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. 2014-2353 AS0088 All appeals to the Board of Assessment Appeals filed after August 10, 2014, MUST comply with the following provisions of C.R.S. Section 39-8-107(5): (5)(a)(I) On and after August 10, 2014, in addition to any other requirements under law, any petitioner appealing either a valuation of rent-producing commercial real property to the board of assessment appeals pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10- 114 shall provide to the county board of equalization or to the board of county commissioners of the county in the case of an abatement, and not to the board of assessment appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B)Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the board of assessment appeals (b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the board of assessment appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the county may move the board of assessment appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the county attorney and shall be accompanied by a certification that the county assessor or the county board of equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the board of assessment appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the board of assessment appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. 2014-2353 AS0088 The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: 303-866-5880 Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of$101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the/county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. Section 39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will 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 (i.e., Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. 2014-2353 AS0088 If you have questions concerning the above information, please call me at (970) 336-7215, Ext. 4226. Very truly yours, ddN/ G ;4i Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners Cc: Christopher Woodruff, Weld County Assessor THE E COMPANY INC REAL ESTATE TAX SERVICES PO BOX 1750 CASTLE ROCK, CO 80104 2014-2353 AS0088 Esther Gesick From: Wade Melies Sent: Wednesday, July 23, 2014 10:48 AM To: Courtney Anaya; Esther Gesick Subject: R583486 Here is an Administrative Denial for R5834686. Thanks Wade From: steve evens [mailto:steve(atheecomDanv.net] Sent: Wednesday, July 23, 2014 10:45 AM To: Wade Melies Subject: RE: 2580 Main St. Wade- Due to a personal situation lets just do a administrative denial and then we can work on it before the BAA. filing. Thanks. Steve Steve Evans The E Company, Inc. P O Box 1750 Castle Rock, CO 80104 720-351-3515 /Fax- 720-344-3498 Original Message Subject: 2580 Main St. From: Wade Melies <wmelies(alco.weld.co.us> Date: Wed, July 23, 2014 10:35 am To: "steve(a�theecomDanv.net" <steve(Otheecomoanv.net> 'Steve Any thoughts on the CBOE hearing for 2580 Main St., Erie, Sharon K Carly? Can I inspect the property tomorrow or Friday. Did you find out about any income? Thanks Wade Wade J. Melies Commercial Appraiser Weld County Assessor's Office 970-353-3845 ext 3672 wmelies(a�co.weld.co.us 2014-2353 1 CLERK TO THE BOARD 1861 PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 ' WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 COUNTY GREELEY CO 80632 July 22, 2014 CARLEY SHARON K C/O AERO SYSTEMS INC 2580 S MAIN ST ERIE, CO 80516-8143 Account No.: R5834686 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 29, 2014, at or about the hour of 3:00 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O 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 attorney 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 5, 2014, and mailed to you on or before August 12, 2014. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 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. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. AS0088 CARLEY SHARON K- R5834686 Page 2 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 d Esther E. Gesick Clerk to the Board Weld County Board of County Commissioners cc: Christopher Woodruff, Assessor THE E COMPANY INC REAL ESTATE TAX SERVICES PO BOX 1750 CASTLE ROCK, CO 80104 AS0088 FECTETTgl NOTICE OF DETERMINATION Christopher M. Woodruff Date of Notice: 6./27/ 014 Weld County Assessor Telephone: (970) 353-3845 1400 N 17th Ave Fax: (970) 304-6433 Greeley, CO 80631 Office Hours: 8:00 AM - 5:00 PM•ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/PHYSICAL LOCATION R5834686 2O14 1333 ERI EA7-2 L2 BLK7 ERIE AIR PARK SUB 258O MAIN ST w CARLEY SHARON N ERIE,CO 0OOOOO0O0 RECEIVED C/O AERO SYSTEMS INC O 2580 S MAIN ST JUL 1 5 2014 ERIE,CO 805155143 WELD COUNTY COMMISSIONERG• ._ ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW - REVIEW COMMERCIAL 818,289 818289 TOTAL $818,289 $818,289 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: CMOS- The assessor's staff has requested information which is pertinent and critical to proper evaluation of your property's value, Because we have not received this information, we have no choice but to deny any adjustments. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. CC: Asit(CA) 1-Iu- t� Z•d L9£9-999-£0E .sweisAs 01EPTI CIZOZ 14 60 Fir Jun 0214 09:58a Aero Systems, 3. 365-6367 p.4 WO-- oCaa the company, inc. S. REAL ESTATE TAX SERVICES P O BOX 1750 CASTLE ROCK, CO 80104 720-351-3515 /FAX-720-344-3498 SECTION 4:AGENCY AUTHORIZATION FORM AUTHORIZATION TO APPEAR BEFORE THE WELD COUNTY ASSESSOR, CBOE, CBOCC AND THE COLORADO BOARD OF ASSESSMENT APPEALS AND ALL COLORADO STATE COURTS ON BEHALF OF THE OWNER OF RECORD OF REAL PROPERTY FOR VALUATION FOR TAX YEAR 2014/2015 AND ALL OTHER YEARS ALLOWED BY APPLICABLE COLORADO LAW. Persons who own, control, or possess property valued by the County Assessor may each year designate an agent to act on their behalf on any matter relating to the review of the valuation of the property before the Assessor and/or the County BOE/BOCC or Colorado Board of Assessment Appeals. • 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. • The undersigned further authorize THE E COMPANY INC. to appear as a witness at all formal or informal hearings 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. • Notices issued by the Assessor or Board of Equalization or Colorado Board of Assessment Appeals relating to the review of valuation of that property shall be sent to the agent of record at THEE COMPANY INC. P O BOX 1750 CASTLE ROCK,CO 80104 DESIGNATION MADE BY:(Type or Print) SHARON CARLEY COMPANY NAME SHARON CARLEY OWNER PRINT NAME OF PERSON OWNING,CONTROLLING OR POSSESSING PROPERTY OR CONTACT PERSON TITLE I,THE UNDERSIGNED,HEREBY DESIGNATE THE ABOVE NAMED AGENT TO ACT ON MY BEHALF IN ALL MATTERS PERTAINING TO THE REVIEW AND APPEAL OF REAL AND/OR PERSONAL PROPERTY VALUATION AND CLASSIFICATION WITH THE ASSESSOR OR THE BOARDS OF EQUALIZATION OR THE COLORADO BOARD OF ASSESSMENT APPEALS.THIS AUTHORIZATION IS LIMITED TO THE PROPERTIES LISTED BELOW AND ON THE ATT CONTINUA TION;ORM(5). Signature of Pas Owning, ontr• t' or Possessing Property Date ADDRESS:. 2 : ' I ST SCHEDULE NUts1BER:R5834686 STATE OF &'.,J. ) )SS COUNTY OF *ow/.4..-- ) Sworn to and subscribed before me this .Z...( day of j 4.a. 2011_ by s5ias...t. Cs-. Witness my hand and o official seal.My Commission expires{/y Ac Z./A.Notary Public: --------------- STEM LEON WOW Mai II a1C STATE OF COLORADO • NOUN°S124044725 MY COMPISSION WIRES '7015 Hello