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Public Notices 01/16/14

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-056

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On November 14, 2013, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Tom L Nowicki and Catherine C Nowicki

Original Beneficiary(ies) Wells Fargo Bank, N.A.

Current Holder of Evidence of Debt Wells Fargo Bank, NA

Date of Deed of Trust November 25, 2009

County of Recording Archuleta

Recording Date of Deed of Trust November 25, 2009

Recording Information (Reception Number) 20909446

Original Principal Amount $538,121.00

Outstanding Principal Balance $509,445.43

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

TRACT 6, ALPINE LAKES RANCH – COYOTE PARK UNIT #1, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD OCTOBER 2, 1995 AS RECEPTION NO. 1995006848.

Also known by street and number as: 167 Mustang Ct, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 03/13/2014, at 449 San Juan St, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 1/16/2014

Last Publication 2/13/2014

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 11/14/2013

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Caren Jacobs Castle #11790

The Castle Law Group, LLC 999 18TH ST., #2201, DENVER, CO 80202 (303) 865-1400

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File # 13-07407

©Public Trustees’ Association of Colorado Revised 9/2012

Published January 16, 23, 30, February 6 and 13, 2014 in The Pagosa Springs SUN.

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COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-057

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On November 14, 2013, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) LARRY LEE LITTLE AND JOYCE M LITTLE

Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR LENDER, HOME SAVINGS OF AMERICA

Current Holder of Evidence of Debt BANK OF AMERICA, N.A.

Date of Deed of Trust July 06, 2010

County of Recording Archuleta

Recording Date of Deed of Trust August 09, 2010

Recording Information (Reception Number) 21005236

Original Principal Amount $187,048.00

Outstanding Principal Balance $185,685.43

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

All the real property, together with improvements, if any, situate, lying and being in the said County of ARCHULETA and State of Colorado, described as follows:

Lot 100 in Lakeview Estates, according to the plat thereof recorded as Reception No. 94868.

THE IMPROVEMENTS THEREON BEING KNOWN AS 282 LAKESIDE DRIVE, PAGOSA SPRINGS, CO 81147.

BEING the same property conveyed by deed dated July 7, 1997 from Louise R. Loy to Larry Lee Little and Joyce M. Little and recorded in the Office of the Recorder of Deeds for Archuleta County on July 10, 1997 at Instrument #97004348.

Also known by street and number as: 282 LAKESIDE DRIVE, PAGOSA SPRINGS, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 03/13/2014, at 449 San Juan St, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 1/16/2014

Last Publication 2/13/2014

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 11/14/2013

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Medved Dale Decker & Deere, LLC 355 Union Blvd, Suite 250, Lakewood, CO 80228 (303) 274-0155

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File # 13-910-24931

©Public Trustees’ Association of Colorado Revised 9/2012

Published January 16, 23, 30, February 6 and 13, 2014 in The Pagosa Springs SUN.

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DISTRICT COURT, WATER DIVISION 7,

COLORADO

WATER RESUME

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7

Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of December 2013, for Archuleta County.

13CW3037 APPLICATION TO CORRECT ERRONEOUSLY DESCRIBED POINT OF DIVERSION, ARCHULETA COUNTY. Applicants: Lyman and Marilyn Mundy, 412 Sycamore Avenue, Brea, CA 714-256-1433. Direct all correspondence to Amy N. Huff, Colorado Water & Land Law, LLC, 679 E. 2nd Ave., Unit 11-B, Durango, CO 81301, 970-764-4372, (1)Structure; Vic Johnson Ditch (2) Legal On the North Bank of the Spring Creek at a point 155 feet NE of SW corner of the SE ¼ of the SE ¼ of Section 26, Township 35 North, Range 2 ½ West, NMPM (3) Source; Stollsteimer Creek ( aka Spring Creek) (4) Approp.; June 15, 1911 (5) Amt.; 1.0 c.f.s. Absolute (6) Use; Irrigation. (7) Proposed Correction: Petitioners seek to correct the erroneously described point of diversion for the Vic Johnson Ditch. Petitioners discovered the error in the point of diversion described in the decree for the Vic Johnson Ditch in 2012. They learned that the decree contained a clerical error that described a point located on a hillside where there is no discernable water flow as the legal description for the point of diversion. The decreed point of diversion for the Vic Johnson Ditch was: “ On the North bank of Spring Creek at a point 155 feet NE of SW (this should have been SE as described below) corner of the SE ¼ of the SE ¼ of Section 26, Township 35 North, Range 2 ½ West, NMPM. After investigating the matter, it became apparent that the decree contains a clerical error. The decreed point of diversion should be located at a point 155 feet NE of the SE corner of the SE ¼ of the SE ¼ of Section 26, Township 35 North, Range 2 ½ West, NMPM. This places the decreed point of diversion on the creek channel, rather than a quarter mile away on a hillside. In further support of their position, Petitioners located drawings from the Colorado Department of Transportation prepared in 1935 that indicate that the erroneously described point of diversion for the Vic Johnson Ditch is the result of a clerical mistake. 1. Legal description of corrected point of diversion. On the North bank of Spring Creek at a point 155 feet NE of SE corner of the SE ¼ of the SE ¼ of Section 26, Township 35 North, Range 2 ½ West, NMPM. 2. Names and addresses of affected property owners. Petitioners own the land on which the corrected point of diversion described above is located. 3.Remarks: Petitioners file this Petition in accordance with CRCP 60(a) and pursuant to procedures set forth in CRS § 37-92-304(10), as authorized by CRS § 37-92-305 (3.6)(c) because the erroneously described point of diversion is the result of a clerical error that Petitioners did not discover until 2012. CRCP 60(a) authorizes the Court to correct clerical mistakes in “judgments, orders, or other parts of the record and errors therein arising from oversight or omission.” (4 pages)

13CW3042 APPLICATION FOR CONDITIONAL WATER STORAGE RIGHT, ARCHULETA COUNTY. Applicant: Fawn Gulch, LLC. P.O.Box 81200, Albuquerque, NM 87198 (505)255-5422. Direct all correspondences to Amy N. Huff, Colorado Water & Land Law, 679 E. 2nd Avenue , Unit 11-B, Durango, Colorado 81301 (970) 764 4372, (1) Structure; Fawn Gulch Reservoir (2) Legal; NW ¼ SE ¼ Section 26, Township 36N, Range 1W, NMPM, at a point 1594 feet from the South Section line and 1349 feet from the East Section line of Said Section 26. UTM Easting 330172.91 Northing 4132521.75 NAD 83. (3) Source; Coal Creek, tributary to the San Juan River, and tributaries to Coal Creek located upstream of the Fawn Gulch Reservoir. (4)Approp.; December 31, 2013 (5) Approp. Initiated; Appropriation was initiated by filing of Application for Conditional Water Storage Right. (6) Amt.; 150 Acre-Feet, Conditional (7) Uses; Domestic; Stock Water; Piscatorial; Firefighting; Irrigation; Freshening Flows; Wildlife; Aesthetic; Recreation, and other similar uses. (8) Remarks; See Application (4 pages)

THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.

YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of February, 2014, to file with the Water Clerk, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP.

(Filing fee: $158.00; Forms are available through the Office of the Water Clerk or on the Judicial site at HYPERLINK “http://www.courts.state.co.us” www.courts.state.co.us; Danene M. Etz, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)

Published: before January 31, 2014 Original Signature on file

Danene M. Etz, Water Court Specialist

Published January 16, 2014 in The Pagosa Springs SUN.

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FIRST READING

The first reading of Ordinance No. 800 (Series 2014) was completed at the Pagosa Springs Town Council Meeting held on January 7, 2014 at 5:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 800, AN ORDINANCE IDENTIFYING TOWN COUNCIL REGULAR MEETING DATES, LOCATIONS, TIMES AND AGENDA POSTING REQUIREMENTS. Violation of this Ordinance is subject to enforcement and punishment pursuant to Article 3, Chapter 1 of the Pagosa Springs Municipal Code, including Section 1.3.3. providing for a fine not to exceed $1,000, or incarceration for not to exceed 1 year, or both. The full text of the ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Published January 16, 2014 in The Pagosa Springs SUN.

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NOTICE OF PUBLIC HEARING

The Pagosa Springs Town Clerk will hold a public hearing on Tuesday January 21, 2014 at 10:00 a.m. in the Town Hall Council Chambers to consider comments from the public and thereafter set the ballot title concerning the initiated charter amendment: “The Mayor shall be compensated for his or her services to the town in the fixed amount of $300 per month. Each Council Member shall be compensated for their services to the town in the fixed amount of $200 per month.” All people wishing to comment should be present at that meeting or file written comments in the office of the Town Clerk no later than 5:00 p.m. on Friday, January 17, 2014.

Published January 16, 2014 in The Pagosa Springs SUN.

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This story was posted on January 16, 2014.