Public Notices 03/21/13

MINERAL COUNTY

STATE OF COLORADO

ORDINANCE NO. 13-01

PROHIBITING THE OPERATION OF MARIJUANA CULTIVATION FACILITIES. MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES AND RETAIL MARIJUANA STORES

WHEREAS, Colorado voters approved the adoption of Amendment 64 at the general election held on November 6, 2012, thereby adding Article XVIII, Section 16. Personal use and regulation of marijuana to Article XVIII of the Colorado Constitution; and

WHEREAS, Amendment 64 provides for the state licensing and regulation of recreational marijuana establishment, including marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores; and

WHEREAS, paragraph 5(f) of Amendment 64 allows a locality, defined to include a county, to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores through the enactment of an ordinance; and

WHEREAS, the voters in Mineral County had split votes on Amendment 64; and

WHEREAS, Amendment 64 conflicts with federal law, as the possession, cultivation, sale and use of marijuana remains illegal under federal criminal statues; and

WHEREAS, the Board of County Commissioners of Mineral County (“Board”) finds that the licensing and operation of marijuana establishments provided for in Amendment 64, by making marijuana more readily available in the community and facilitating the recreational use of marijuana, presents a threat to the health and education of Mineral County’s children, to the safety of the workplace, the traveling public and to the public health, safety and welfare as a whole; and

WHEREAS, the licensing and operation of medical marijuana centers, medical marijuana infused products manufacturing, and optional premises cultivation operations pursuant to the Colorado Medical Marijuana Code and the Mineral County Medical Marijuana Policy shall be unaffected by this Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Mineral County, Colorado:

Section 1: Purpose

The purpose of this Ordinance is to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores through the enactment of an ordinance as contemplated in Amendment 64, paragraph 5(f) by finding that Amendment 64 conflicts with federal law. Specifically, pending federal legislation or Executive direction to the contrary notwithstanding, this Board bases its findings on Article 6, Clause 2 of United States Constitution and the legal principle that where federal law and state law conflict, federal law prevails, as articulated by the U.S. Supreme Court in Gonzales v. Raich.

Section 2: Authority

This Ordinance is authorized pursuant to, inter alia, Article XVIII, Section 16, paragraph 5(f) of the Colorado Constitution.

Section 3: Applicability

This ordinance shall apply throughout the unincorporated area of Mineral County.

Section 4: Definitions

Unless otherwise specified or the context otherwise requires, any terms used herein shall have the same meanings as provided in Article XVIII, Section 16 of the Colorado Constitution.

Section 5: Marijuana Establishments Prohibited

The licensing and operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities and retail marijuana stores is hereby prohibited.

Section 6: Severability Clause

If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid, such holding shall not affect the validity of the remaining portions of this Ordinance.

Section 7: Publication and Effective Date

The foregoing text is the authentic text of Mineral County Ordinance No. 13-01. The first reading of the Ordinance took place on March 19, 2013. It is published in full in the Mineral County Miner on March 21, 2013 and in the Pagosa Springs Sun on March 21, 2013. It will be re-published by Title in the Mineral County Miner and the Pagosa Springs Sun upon Adoption and shall take effect on May 1, 2013.

Published March 21, 2013 in The Pagosa Springs SUN.

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Units #3, #45, #61 will be confiscated/disposed of if total rent due is not paid by Saturday, March 23rd, 2013 by 9:00 a.m. Alpine Storage, 946-0572.

Published March 21, 2013 in The Pagosa Springs SUN.

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The Jicarilla Apache Nation and the Bureau of Indian Affairs are offering approximately 1,356,370 board feet of ponderosa pine sawtimber for sale on the Telephone Canyon Logging Unit. The unit comprises approximately 1,210 harvest acres and is located approximately 15 miles south of Dulce, New Mexico on the Jicarilla Apache Indian Nation. For further information concerning the logging unit contact Mr. Rich Wells at: Bureau of Indian Affairs, Jicarilla Agency Branch of Forestry, P.O. Box 167, Dulce, New Mexico 87528, Telephone (575)-759-3968, E-mail: rick.wells@bia.gov.

Published March 21 and 28, 2013 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of THOMAS LEE NOWICKI, Deceased

Case No. 13 PR 3

All persons having claims against the above-named estate are required to present them to the Personal Representative or to District Court of Archuleta County, Colorado on or before June 21, 2013, or the claims may be forever barred.

Catherine C. Nowicki, Personal Representative

PO Box 5230

Pagosa Springs, CO 81147

Published March 21, 28 and April 4, 2013 in The Pagosa Springs SUN.

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COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-002

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

On January 17, 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) Michelle Lobato and Ian M. Martinez

Original Beneficiary(ies) GreenPoint Credit Corp

Current Holder of Evidence of Debt Wells Fargo Bank N.A., as trustee on behalf of Green Tree 2008-MH1

Date of Deed of Trust July 28, 1999

County of Recording Archuleta

Recording Date of Deed of Trust July 30, 1999

Recording Information (Reception Number) 99007313

Original Principal Amount $76,940.85

Outstanding Principal Balance $55,802.01

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:

Lot 149 Pagosa Vista according to the plat thereof filed January 6, 1978 in Book 156 Page 60, in the office of the Clerk and Recorder, Archuleta County, Colorado

Including: 1996 Town & Country, 16’ x 80’ Cavalier Manufactured Home, Serial Number TXTC 961481

Also known by street and number as: 52 Highland Avenue, 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, 05/16/2013, 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 3/21/2013

Last Publication 4/18/2013

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: 01/17/2013

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:

Bruce W. Dewald Attorneys and Counselors at Law 7955 E Arapahoe Ct Ste 3000, Centennial, CO 80112 (303) 347-8906

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 #

©Public Trustees’ Association of Colorado Revised 9/2012

Published March 21, 28, April 4, 11 and 18, 2013 in The Pagosa Springs SUN.

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COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-003

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

On January 17, 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) Nichelas J Olson

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Taylor, Bean & Whitaker Mortgage Corp.

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

Date of Deed of Trust November 15, 2007

County of Recording Archuleta

Recording Date of Deed of Trust November 26, 2007

Recording Information (Reception Number) 20710855

Original Principal Amount $115,710.00

Outstanding Principal Balance $113,490.51

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:

LOT 260, PAGOSA VISTA, ACCORDING TO THE PLAT FILED SEPTEMBER 13, 1971, AS RECEPTION NO. 74884, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 446 Lake Street, 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, 05/16/2013, 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 3/21/2013

Last Publication 4/18/2013

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: 01/17/2013

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:

Aronowitz & Mecklenburg, LLP 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 # 1269.21517

©Public Trustees’ Association of Colorado Revised 9/2012

Published March 21, 28, April 4, 11 and 18, 2013 in The Pagosa Springs SUN.

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DISTRICT COURT , ARCHULETA COUNTY, COLORADO

Court Address: 449 San Juan Street, Pagosa Springs, CO 81147

Plaintiff:  MARK ANDREW RITCHEY

v.

Defendants: GRANDLOTS, LLC, a Colorado Limited Liability Company, and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION

COURT USE ONLY

David B. Kirkpatrick #36964

960 E. 2nd Ave

Durango, CO 81301

Phone Number: 970-247-0269

FAX Number:  970-247-0277

Case Number: 2013 CV 6

Division Courtroom

SUMMONS BY PUBLICATION

TO THE ABOVE NAMED DEFENDANT:  ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION

THE PEOPLE OF THE STATE OF COLORADO

TO THE ABOVE-NAMED DEFENDANTS:

You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the clerk of this Court an answer or other response. You are required to file your answer or other response within thirty-five (35) days after service of this Summons upon you. Service of this Summons will be complete on the day of the last publication. A copy of the Complaint may be obtained from the clerk of the Court.

If you fail to file your answer or other response to the Complaint in writing within thirty-five (35) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint, without any further notice.

This is an action to quiet the title of the Plaintiff in and to the real property situated in Archuleta County, Colorado, more particularly described on Exhibit A, attached to and made a part of this Summons by this reference.

Dated: March 12, 2013

/s/ David B. Kirkpatrick

David B. Kirkpatrick 36964

Attorney for Plaintiff

THIS SUMMONS IS ISSUED PURSUANT TO RULE 4(g), COLORADO RULES OF CIVIL PROCEDURE. THIS FORM SHOULD NOT BE USED WHERE PERSONAL SERVICE IS DESIRED.

Published March 21, 28, April 4, 11 and 18, 2013 in The Pagosa Springs SUN.

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District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P.O. Box 148

Pagosa Springs, Colorado 81147

Telephone No.: (970) 264-2400

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, INC. 

Plaintiff

v.

BEATRICE D. GALSTON, THE ESTATE OF BEATRICE D. GALSTON, THE PERSONAL REPRESENTATIVE OF BEATRICE D. GALSTON, THE HEIRS AND DEVISEES OF BEATRICE D. GALSTON and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendant.

Attorney for Plaintiff:

Name: Larry W. Holthus

Address: P.O. Box 1737

Pagosa Springs, Colorado 81147

Telephone No.: (970) 264-4196

Facsimile No.: (970) 264-4197

Atty. Reg. No.: 10535 Email: ronin47@centurytel.net

Case Number: 12 CV 183

SHERIFF’S COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM

TO WHOM IT MAY CONCERN:

This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Masters Place Condominium Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Masters Place Condominium Property Owners Association, Inc. of (said) Assessment Lien being recorded on September 19, 2012 at Reception No. 21206025 in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).

The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:

Unit Number 7312, Building Number 002C, Unit Week Number 02, in Masters Place Condominiums Phase 1, as Reception No. 161539, and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagle’s Loft Property Owners Association. As of February 25, 2013, the outstanding balance due and owing on such judgment is $ 5,158.22.

I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on June 19, 2013 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.

NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

Attached hereto are copies of certain Colorado statutes that my vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;

C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;

INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.

Dated at Archuleta County, Colorado, this 15th day of March, 2013

/s/ Richard Valdez

Undersheriff, Archuleta County, Colorado

Sale Date: June 19, 2013 at 10 a.m.

BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.

Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.

Published March 21, 28, April 4, 11 and 18, 2013 in The Pagosa Springs SUN.

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District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P.O. Box 148

Pagosa Springs, Colorado 81147

Telephone No.: (970) 264-2400

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, INC. 

Plaintiff

v.

VACATION VENTURES, LLC. A Colorado Limited Liability Company and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendant.

Attorney for Plaintiff:

Name: Larry W. Holthus

Address: P.O. Box 1737

Pagosa Springs, Colorado 81147

Telephone No.: (970) 264-4196

Facsimile No.: (970) 264-4197

Atty. Reg. No.: 10535 Email: ronin47@centurytel.net

Case Number: 12 CV 161

SHERIFF’S COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM

TO WHOM IT MAY CONCERN:

This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Masters Place Condominium Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Masters Place Condominium Property Owners Association, Inc. of (said) Assessment Lien being recorded on September 19, 2012 at Reception No. 21206037 in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).

The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:

Unit Number 7306, Building Number 01, Unit Week Number 44, in Masters Place Condominiums Phase Two, as Reception No. 177633, and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagle’s Loft Property Owners Association. As of February 25, 2013, the outstanding balance due and owing on such judgment is $ 5,119.75.

I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on June 19, 2013 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.

NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

Attached hereto are copies of certain Colorado statutes that my vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;

C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;

INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.

Dated at Archuleta County, Colorado, this 15th day of March, 2013

/s/ Richard Valdez

Undersheriff, Archuleta County, Colorado

Sale Date: June 19, 2013 at 10 a.m.

BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.

Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.

Published March 21, 28, April 4, 11 and 18, 2013 in The Pagosa Springs SUN.

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