Public Notices 07/26/2018

ARCHULETA COUNTY ORDINANCE ___-2018
ORDINANCE OF THE BOARD OF COUNTY COMISSIONERS OF THE COUNTY OF ARCHULETA, STATE OF COLORADO
AN ORDINANCE ESTABLISHING OFF-HIGHWAY VEHICLE ROUTES, AND REGULATING THE OPERATION OF OFF-HIGHWAY VEHICLES IN UNINCORPORATED AREAS OF
ARCHULETA COUNTY
WHEREAS, Colo. Rev. Stat. (“C.R.S.”) § 33-14.5-108(1)(f) authorizes the Board of Commissioners (the “Board”) to allow, through written resolution or ordinance, the establishment of off-highway vehicle (“OHV”) routes to permit the operation of OHV on designated county roads which are not part of the state highway system;
WHEREAS, C.R.S. § 33-14.5-110 authorizes the Board to regulate the operation of off-highway vehicles on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by resolution or ordinance;
WHEREAS, State of Colorado House Bill 16-1030, adopted into law on April 12, 2016, authorizes counties to require drivers of OHVs to carry liability insurance and have a driver’s license;
WHEREAS, designating OHV routes and regulating the operation of OHVs in Archuleta County is necessary for the health, safety, and welfare of Archuleta County citizens; and,
WHEREAS, authorizing the operation of OHVs on certain county roads promotes economic development within Archuleta County and ensures the operation of OHVs on such designated roads is undertaken in a safe and prudent manner.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Archuleta County, State of Colorado as follows:
Section 1. Definition. The County hereby adopts the statutory definition of OHV from C.R.S. §33-14.5-101(3) as any self-propelled vehicle which is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. “Off-highway vehicle” does not include the following:
(a) Vehicles designed and used primarily for travel on, over, or in the water;
(b) Snowmobiles;
(c) Military vehicles;
(d) Golf carts;
(e) Vehicles designed and used to carry individuals with disabilities;
(f) Vehicles designed and used specifically for agricultural, logging, or mining purposes; or
(g) Vehicles registered pursuant to article 3 of title 42, C.R.S.
Section 2. Designation of Routes. Subject to regulations and restrictions hereinafter set forth, Archuleta County hereby authorizes and allows OHVs to operate on the County Roads designated on the OHV map, attached hereto as Exhibit A and incorporated herein by this reference. County Roads designated for OHV use shall be referred to herein as “OHV routes”. The OHV map shall be published on the County website. All County Roads designated as OHV routes and open for OHV use shall be identified by signage placed on such County Roads by the Archuleta County Road and Bridge Department. Certain County Roads on which OHV use is not allowed or authorized may also be identified by signage prohibiting OHV use.
Section 3 Restrictions and Prohibited Acts
Section 3.01 Any person operating an OHV in the unincorporated areas of Archuleta County shall comply with all rules and regulations applicable to such vehicles adopted by the State of Colorado and or the Federal Government, including but not limited to Article 14.5 of Title 33, C.R.S.
Section 3.02 It shall be a violation of this Ordinance for any person to operate an OHV on a County road or right-of-way not designated in Section 2 for OHV use.
Section 3.03 On County roads, OHVs shall not exceed 30 miles per hour or the posted speed limit, whichever is less.
Section 3.04 OHVs operating on County roads shall be equipped with one lighted head lamp and one lighted tail light, each having the minimum candlepower prescribed by regulations of the Colorado Division of Parks and Wildlife while being operated between the hours of sunset and sunrise.
Section 3.05 Any person operating an OHV on a County road pursuant to this Ordinance must have in their possession a valid state issued driver’s license and be at least 16 years of age.
Section 3.06 The OHV operating on designated County roads must be registered with the Colorado Division of Parks and Wildlife.
Section 3.07 Any person operating an OHV in unincorporated Archuleta County upon an OHV route shall carry liability insurance pursuant to Title 33, Article 7, C.R.S. where the minimum coverage limits, according to C.R.S. § 10-4-620, are $25,000 to any one person in any one accident, and $50,000 to all persons in one accident, and property damage a minimum of $15,000 in one accident.
Section 4 Required Safety Protection and OHV Equipment Standards
Section 4.01 Eye Protection. A person shall not drive an off-highway vehicle on a designated County road unless the person and any passenger are wearing goggles or eyeglasses with lenses made of safety glass or plastic; except that a driver or passenger need not wear safety glass or plastic if the person is wearing a helmet containing eye protection made of safety glass or plastic or driving an off-highway vehicle with a windshield.
Section 4.02 Protective Helmets. (1) Requirements for People Under Eighteen. To drive or be a passenger on an all-terrain vehicle or two-wheeled vehicle on a road, a person under eighteen years of age shall wear a protective helmet that conforms to subsection (2) of this section and that is secured properly on the person’s head with a chin strap. (2) Helmet Standards. A protective helmet required by this section must:
(a) Be designed to reduce injuries to the user resulting from head impacts and protect the user by remaining on the user’s head, deflecting blows, resisting penetration, and spreading the force of impact;
(b) Have a lining, padding, and chin strap; and
(c) Meet or exceed the standards established in the United States Department of Transportation’s Federal Motor Vehicle Safety Standard no. 218, 49 CFR 571.218, for motorcycle helmets.
Section 4.03 OHV Equipment Requirements. A person shall not drive an off-highway vehicle on a designated County road unless the vehicle is equipped with the following in good working order:
(a) Brakes. Brakes that enable the operator to make the wheels skid on dry, level, and clean pavement;
(b) If driven at night:
(i) A head lamp aimed and sufficiently intense to reveal persons and vehicles at a distance of one hundred feet ahead on a straight, level road; and
(ii) A tail light that emits a red light when the head lamp is lighted and that is:
(a) Visible from a distance of five hundred feet to the rear;
(b) Mounted on the rear of the vehicle; and
(c) Located at a height of not more than seventy-two inches above the ground nor less than twenty inches above the ground.
(iii) High Beam. If an off-highway vehicle has a head lamp with a higher and lower beam, the driver shall not operate the higher beam or the head lamp to strike the eyes of the driver of an approaching vehicle.
Section 5 Limitations. This Ordinance does not authorize or designate the use of OHV’s on lands, roads or trails under the jurisdiction of municipalities or state or federal agencies or on other lands or roads not under the jurisdiction of Archuleta County as set forth in Section 1. Nothing in this Ordinance shall prohibit the use of OHVs for agricultural purposes on any public road.
Section 6 Enforcement. The Archuleta County Sheriff and Undersheriff and deputies are hereby charged with the duty to enforce the provisions of this Ordinance pursuant to C.R.S. § 30-15-410.
Section 7 Penalties. The following penalties shall apply to this ordinance:
Section 7.01 Pursuant to the provisions of C.R.S. § 30-15-402, any person who violates the provisions of this Ordinance commits a class 2 petty offense, and upon conviction thereof, shall be punished by a fine of not more than one-thousand dollars ($1,000) for each separate violation.
Section 7.02 The penalty assessment procedures set forth in C.R.S. § 16-2-201, may be followed by the apprehending peace officer for any person charged with a first or second violation of this Ordinance. The penalty assessment procedures set forth in C.R.S. § 16-2-201 shall not apply to persons charged with violating this Ordinance three or more times within one year. If the person given a penalty assessment notice chooses to acknowledge guilt, he may pay the specified fine in person or by mail at the place and within the time specified in the notice. If the person given a penalty assessment notice chooses not to acknowledge guilt, he shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine.
The Board adopts the following graduated fine schedule to be applied as the penalty assessment for violations of this Ordinance:
1. For the first violation, a fine of $300.00.
2. For a second violation by the same person within a period of one year, a fine of $600.
3. For a third or any subsequent violation by the same person within a period of one year, the apprehending peace officer shall issue a summons requiring the person to appear in Archuleta County Court.
Section 7.03 In addition to the penalties prescribed herein, a surcharge of ten dollars ($10.00) shall be paid to the clerk of court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district pursuant to C.R.S. § 24-4.2-103.
Section 7.04 Pursuant to C.R.S. § 30-15-408, all fines, penalties, and/or forfeitures imposed for the violation of this Ordinance, but not any surcharge imposed by the Court upon conviction pursuant to C.R.S. § 30-15-402, shall be paid to the Archuleta County Treasurer within thirty (30) days of the Court’s receipt of any such fines, penalties, and/or forfeitures. Unless otherwise provided by law, the Archuleta County Sheriff shall be the designated recipient of all fines, penalties, and surcharges to be processed for payment to the Archuleta County Treasurer.
Section 7.05 Pursuant to C.R.S. § 30-15-410, the Archuleta County Court shall have jurisdiction in prosecutions of violations of this Ordinance. The simplified county court procedures set forth in part 1 of article 2 of Title 16 Colo. Rev. Stat., and the penalty assessment procedures set forth in part 2 of said article shall be applicable to the prosecutions of alleged violations of this Ordinance. Any summons and complaint brought in the Archuleta County Court for the alleged violation of this Ordinance shall be filed in the name of Archuleta County, CO, by and on behalf of the People of the State of Colorado, and any process issued by the Archuleta County Court in such proceedings shall be likewise so denominated.
Section 7.06 Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other federal, state, or local law, rule, order or regulation.
Section 7.07 Pursuant to C.R.S. § 30-15-409, all suits for the recovery of any fine and prosecutions for the commission of any offense made punishable under this Ordinance shall be barred if not commenced within one year after the commission of the alleged offense.
Section 8 Validity. If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not affect the validity of remaining portions of this Ordinance. The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid.
Section 9 Repeal. Existing or parts of ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of this Ordinance inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.
Section 10 Safety. The adoption of this Ordinance is in the best interest, safety and welfare of the citizens of and visitors to Archuleta County.
Section 11 Certification. The County Clerk shall certify to the passage of this Ordinance and make not less than three copies of this adopted Ordinance available for inspection by the public during regular business hours.
Section 12 Publication and Effective Date. The foregoing text is the authentic text of Ordinance ___-2018. The first reading of said Ordinance took place on Tuesday, July 17, 2018 at a regular Board of County Commissioners Meeting. It was published in full in the Pagosa Sun on July __, 2018. The Ordinance was adopted on second reading at a regular Board of County Commissioners Meeting on August __, 2018 and shall take effect on ________________, 2018.
NOW, THEREFORE. BE IT ORDAINED by the Board of County Commissioners of Archuleta County, State of Colorado, together with other elected officials of Archuleta County, as set forth below by signature, as follows:
DATED this ____ day of ____________________, 2018
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
ARCHULETA COUNTY, STATE OF COLORADO
_______________________ By: ____________________
Clerk to the Board
Chairperson
Upon motion duly made and seconded the forgoing Ordinance was adopted by the following vote:
Steve Wadley Aye
Michael Whiting Aye
Ronnie Maez Aye
Commissioners
CERTIFICATE AND ATTESTATION
STATE OF COLORADO )
) ss.
COUNTY OF ARCHULETA )
I, June Madrid, Archuleta County Clerk & Recorder, and Clerk to the Board of County Commissioners of Archuleta County, Colorado, certify and attest as follows:
1. Ordinance ___-2018 was introduced and read at a regular meeting of the Board of County Commissioners on _____________, 2018. A copy of Ordinance ___-2018 in its original form is attached as Exhibit “A”.
2. Ordinance ___-2018 was published in full in its original form on ___________, 2018 in The Pagosa Sun which is a newspaper of general circulation in Archuleta County, Colorado.
3. Ordinance ___-2018, in its original form, was adopted by the Board of County Commissioners of Archuleta County on _______________, 2018.
4. Ordinance ___-2018, as adopted, was published by title in accordance with the requirements of §30-15-405, C.R.S, as amended, on the ___ day of _________, 2018, in The Pagosa Sun which is a newspaper of general circulation in Archuleta County, Colorado.
________________________
June Madrid
Archuleta County Clerk & Recorder
Clerk to the Board of County Commissioners of Archuleta County
SUBSCRIBED AND SWORN before me this ___ day of ______________, 2018 June Madrid, Archuleta County Clerk & Recorder, Clerk to the Board of County Commissioners of Archuleta County.
MY COMMISSION EXPIRES:
_______________________
_______________________
Notary Public
________________________
Address of Notary
Exhibit A: Map of Archuleta County Roads where OHV use is allowed & prohibited
Published July 26, 2018 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, CO 81147
Tel. 970.264.2400
Teal Landing Property
Owner’s Association, Inc.
Plaintiff
v.
GERALD W GILKEY, et al
Defendants
Case No.: 2018CV30042
Attorney for Plaintiff:
Christopher B. Conley
Hayes, Johnson & Conley, PLLC
700 South 21st Street
Fort Smith, AR 72901
Tel. 479.242.8814
Email: chris@hjclegal.com
Atty. Reg. No.: 51651
SUMMONS BY PUBLICATION
TO THE PEOPLE OF THE STATE OF COLORADO
TO THE FOLLOWING DEFENDANT(S):
GERALD W GILKEY
STEPHANAIA A GILKEY
WENDY JOSEFINA GIL SANTOS
KENNETH B TATE JR
ANNE T TATE
SUE N BAILEY
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 35 days after the service of this summons upon you. Service of this summons shall 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 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 further notice.
This is an in rem action of judicial foreclosure on your timeshare interest(s) located at Teal Landing Condominium for failure to pay assessments to Teal Landing Property Owner’s Association, Inc. The legal description for your real property is below.
Plaintiff Attorney: Christopher B. Conley, Attorney at Law, Reg. No. 51651, 700 South 21st Street, Fort Smith, AR 72901.
Defendant(s) / Legal Descriptions:
Teal Landing Condominium Phase One-Building 11
Property Owner: GERALD W GILKEY & STEPHANAIA A GILKEY
Building Number: 11
Lot (Unit) Number: 1111-1116, 1121, 1124-1126
UDI Points: 77,000
of the Teal Landing Condominium Phase One- as built Building 11, as depicted on the Plat recorded in Reception No. 20102922, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium for Teal Landing Condominium recorded at Reception Number 20009604, Second Amendment to Declaration of Teal Landing Condominium recorded at Reception Number 20102923, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Together with a vested remainder over in fee simple absolute, as tenant in common with the other owners of all Unit Weeks in the described Units in Teal Landing Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
Matter Amount
Lien Amount: $1,631.86
Teal Landing Condominium Phase Six-Building 16
Property Owner: WENDY JOSEFINA GIL SANTOS
Building Number: 16
Lot (Unit) Number: 1611-1616, 1621-1626
UDI Points: 105,000
of the Teal Landing Condominium Phase Six- as built Building 16, as depicted on the Plat recorded in Reception No. 20304272, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20009604, Second Amendment to Declaration of Teal Landing Condominium recorded as Reception Number 20102923, Third Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20104161, and First supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20105651, and Second Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20106880, First Amendment to Second Supplemental Declaration recorded as Reception Number 20110747, Third Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20203147, Fourth Supplemental Declaration recorded as Reception Number 20204765, Fifth Supplemental Declaration recorded as Reception Number 20206614, First Amendment to Fifth Supplemental Declaration recorded December 12, 2002 as Reception Number 20211905 and any future supplemental Plats or Declarations thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Together with a vested remainder over in fee simple absolute, as tenant in common with the other owners of all Unit Weeks in the described Units in Teal Landing Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
Matter Amount
Lien Amount: $1,805.28
Teal Landing Condominium Phase Seven-Building 17
Property Owner: Kenneth B Tate Jr & Anne T Tate
Building Number: 17
Lot (Unit) Number: 1711-1716, 1721-1726
UDI Points: 132,000
Property Owner: SUE N BAILEY
Building Number: 17
Lot (Unit) Number: 1711-1716, 1721-1726
UDI Points: 600,000
of the Teal Landing Condominium Phase Seven – as built Building 17, as depicted on the Plat recorded in Reception No. 20209496, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20009604, Second Amendment to Declaration of Teal Landing Condominium recorded as Reception Number 20102923, Third Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20104161, and First Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20105651, and Second Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20106880, First Amendment to Second Supplemental Declaration recorded as Reception Number 20110747, Third Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20203147, Fourth Supplemental Declaration recorded as Reception Number 20204765, Fifth Supplemental Declaration recorded as Reception Number 20206614, First Amendment to Fifth Supplemental Declaration recorded as Reception Number 20211905 and Sixth Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20209497 and any future supplemental Plats or Declarations thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Together with a vested remainder over in fee simple absolute, as tenant in common with the other owners of all Unit Weeks in the described Units in Teal Landing Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
Matter Amount
Lien Amount: $1,900.68
Lien Amount: $4,210.00
Published in the Pagosa Springs Sun
First Publication: July 26, 2018
Last Publication: August 23, 2018
/s/ Christopher B. Conley
Christopher B. Conley
Hayes, Johnson & Conley, PLLC
700 South 21st Street
Fort Smith, AR 72901
Atty. Reg. No.: 51651
Published July 26, August 2, 9, 16 and 23, 2018 in The Pagosa Springs SUN.

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Town of Pagosa Springs, Colorado
Town Park & Vicinity Improvements
The Town of Pagosa Springs, Colorado is in the process of finalizing the above listed project constructed by Strohecker Asphalt & Paving, Inc., 37801 Highway 160, Bayfield, Colorado 81122. Any claims against this project by suppliers, subcontractors, or others should be delivered to the project engineering firm of Davis Engineering Service, Inc. at 188 S. 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147. All claims shall be delivered prior to August 27, 2018. Any claims received on or after August 27, 2018 shall not be considered. Claim forms can be obtained from Davis Engineering Service, Inc. (Phone 970-264-5055).
Published July 26 and August 9, 2018 in The Pagosa Springs SUN.

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Property Impounded off National Forest System Lands
1. Notice is hereby given as provided by 36 CFR 262.12 that the personal property described in paragraph 2 below is in violation of law or regulation on the Pagosa Ranger District of the San Juan National Forest. The personal property was collected from National Forest Systems Lands by US Forest Service Law Enforcement June 12, 2018 on County Road #302 (Mill Creek Road).
2. The property consists of: One yellow tent with numerous personal items.
3. The owner may regain possession by contacting the Pagosa Ranger District at 180 Pagosa Street, Pagosa Springs, CO 81147, and paying the costs of removing and storing the property. If the property is not redeemed prior to August 4, 2018, it may be offered for sale at public auction after that date or retained by the Forest Service for official use. Property may also be disposed of as provided by Secretary of Agriculture Regulation 36 CFR 262.12. For more information, please contact the Pagosa Ranger District at (970) 264-2268.
Published July 26, 2018 in The Pagosa Springs SUN.

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PUBLIC NOTICE
The Town of Pagosa Springs has received an application for a “Conditional Use Permit” for the operation of a “Vacation Rental” to be located at 250 North 3rd Street. The Town of Pagosa Springs Planning Commission will consider the “Conditional Use Permit” application at a public hearing scheduled on August 14, 2018 at 5:30 PM in Town Hall located at 551 Hot Springs Blvd. Anyone wishing to provide comments should contact the Town Planning Department at 970-264-4151 x 221 or attend the public hearing. Public comments will be accepted at the public hearing.
Published July 26 and August 2, 2018 in The Pagosa Springs SUN.

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PUBLIC NOTICE ARCHULETA COUNTY BOARD OF EQUALIZATION
The Archuleta County Board of Equalization (CBOE) will sit to review the assessment of all taxable property located in Archuleta County, as prepared by the Archuleta County Assessor, and to hear appeals from determinations of the Assessor beginning July 3 to August 7, 2018. Hearings will be held in the Commissioners Meeting Room located at 398 Lewis Street, Pagosa Springs, Colorado.
Published July 26 and August 2, 2018 in The Pagosa Springs SUN.

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BOARD OF COUNTY COMMISSIONERS HEARING ON August 7th
Bill & Jean VanSickle and Greg & Cindi Taylor, have applied for final plat approval of the Lakeview Estates Amendment 2018-01, a replat of Lots 113, 114 & 115X of Lakeview Estates, creating Lots 113Z (133 Lighthouse Dr.) and 115XZ (36 Beacon Ct.) (PLN18-115). The property is owned by William J. Van Sickle and Jean A. Van Sickle, and Gregory Lee Taylor and Cindi Denise Taylor, zoned Planned Unit Development (PUD).
Comments may be submitted to the Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to Planning@archuletacounty.org prior to the public hearing by the Archuleta County Board of County Commissioners on August 7, 2018, at 1:30 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.
Published July 26 and August 2, 2018 in The Pagosa Springs SUN.

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This story was posted on July 26, 2018.