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COMBINED NOTICE – RESTART – PUBLICATION
CRS §38-38-109(2)(b)(II) FORECLOSURE
SALE NO. 2013-010
Republished to restart foreclosure stayed by bankruptcy and reset sale date.
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On August 6, 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) William Thornell, A married person
Original Beneficiary(ies) Wells Fargo Bank, N.A.
Current Holder of Evidence of Debt Wells Fargo Bank, N.A.
Date of Deed of Trust April 27, 2007
County of Recording Archuleta
Recording Date of Deed of Trust April 27, 2007
Recording Information (Reception Number) 20703602
Original Principal Amount $143,500.00
Outstanding Principal Balance $133,392.49
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:
SUITE 204 OF CORNERSTONE LOFTS CONDOMINIUMS, ACCORDING TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CORNERSTONE LOFTS CONDOMINIUMS RECORDED JULY 5, 2006 AS RECEPTION NO. 20606381 AND THE CONDOMINIUM MAP THEREOF FILED FOR RECORD JUNE 29, 2006 AS RECEPTION NO. 20606184.
Also known by street and number as: 191 Talisman Drive #204, 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, 12/12/2013, 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 10/17/2013
Last Publication 11/14/2013
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;
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:
Deanne R. Stodden #33214
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 # 13-02112
©Public Trustees’ Association of Colorado Revised 9/2012
Published October 17, 24, 31, November 7 and 14, 2013 in The Pagosa Springs SUN.
DISTRICT COURT, WATER DIVISION 7,
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 September 2013, for Archuleta County.
13CW3 Pagosa Area Water and Sanitation District (“PAWSD”), P. O. Drawer 4610, Pagosa Springs, CO 81157. Evan D. Ela, Esq., Collins Cockrel & Cole, P.C., 390 Union Street, Suite 400, Denver, CO 80228, (303) 986-1551. AMENDMENT OF APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE ON DECREED CONDITIONAL WATER RIGHTS TO CLAIM PERFECTION OF A PORTION OF DECREED CONDITIONAL WATER RIGHTS. ARCHULETA COUNTY. 1. Original Application: The Application for Findings of Reasonable Diligence on Decreed Conditional Water Rights was filed on February 27, 2013 by PAWSD. 2. Summary of Amendment: Applicant seeks this Amendment to include a claim to make 1,120.49 acre-feet of the conditional Martinez Dam water right absolute based on PAWSD’s storage of water in the enlarged Stevens Reservoir, an alternate place of storage for the Martinez Dam water right as decreed by this Court in Case No. W-958-72. 3. Name of Structures: Martinez Dam and Stevens Reservoir. 4. Description of the subject conditional water right from prior decrees: (a) Original Decree. The original water rights decree for Martinez Dam was issued in Case No. W-304, District Court in and for Water Division No. 7, State of Colorado, In the Matter of the Application for Water Rights of Eaton International Corporation in the San Juan River or its Tributaries in Archuleta County, on April 8, 1971 (later amended on February 4, 1972). (1) Source: Martinez Creek and Four Mile Creek. (2) Means of Diversion: Gravity flow into dam. (3) Date of appropriation: June 30, 1970. (4) Amount: 2,900 acre-feet, Conditional. (5) Location of point of diversion: High water line at a point on dam axis from whence the SE corner of Section 31, Township 36 North, Range 2 West, of the N.M.P.M. bears South 55°28’51” East, a distance of 5,628.8 feet, in the County of Archuleta, State of Colorado. (6) Beneficial uses: Domestic, irrigation and recreation. (b) Change/Augmentation Plan Decree. The Martinez Dam water storage right was changed and incorporated into a municipal water system augmentation plan (“PAWSD Augmentation Plan”) by Eaton International Corporation on July 19, 1973 in Case No. W-958-72, Water Court in and for Water Division No. 7, State of Colorado, In the Matter of the Application for Water Rights of Eaton International Corporation for Water Rights in Archuleta County. The PAWSD Augmentation Plan was amended on July 21, 1989 in Case No. 87CW61, District Court, Water Division No. 7, State of Colorado, In the Matter of the Application for Water Rights of Pagosa Area Water and Sanitation District and Fairfield-Pagosa, Inc. in the San Juan River and its Tributaries in Archuleta County. Significant changes to the Martinez Dam, and other, water rights that were decreed in that action are as follows: (1) Source of water: Total native inflow produced in the Stollsteimer Creek watershed from all sources, including defined surface streamflow and diffused surface water runoff, as determined by the Inflow Formula as well as the originally decreed importation of water Four Mile Creek. (2) Alternate places of storage: The District is entitled to divert or store water under any and all of its water rights through or in any and all of its structures including the reservoirs known as Linn and Clark Reservoir (aka Lake Pagosa), G.S. Hatcher Reservoir, Stevens Reservoir, Hersch Reservoir No. 1, Martinez Dam, Lake Forest, Town Center (aka Village) Lake and Pinon Lake. (3) Manner of storage and use: Conversion of direct flow water rights (specifically including the J.B. Martinez Ditch, Linn and Clark Ditch, G.S. Hatcher Ditch, Hersch Ditch, Dutton Ditch Enlargement and Extension, and Perkins Ditch) to storage, continuous filling and refilling of PAWSD reservoirs, importation of water from Four Mile Creek through the Dutton Ditch, re-impoundment and reuse of return flows and by the flexible management of waters in all of PAWSD’s storage vessels to maximize the retention of runoff for beneficial purposes, all in accordance with the Operating Criteria and Inflow Formula specified by decree for the PAWSD Augmentation Plan in Case No. W-958-72 as amended by decree in Case No. 87CW61. (4) Beneficial uses: Municipal and all other beneficial purposes. (5) Municipal water system: All water rights described above are integrated into one system. (c) Diligence Decrees. Findings of continued diligence were decreed by this Court in Case Nos. W-304-73, W-304-77, 81CW122, 85CW105, 90CW07, 97CW38, and most recently, on February 1, 2007, in Case No. 05CW31. 5. Outline of work done and funds expended by Applicant during the relevant diligence period (August 1, 2005 through February 28, 2013) toward completion of the appropriation. (a) The District completed the Dutton Ditch Pipeline, a raw water pipeline extending from the Dutton Ditch headgate on Four Mile Creek to the Dutton Ditch Extension, an already existing pipeline connecting the Dutton Ditch to Hatcher Reservoir. Costs incurred for legal, engineering, materials, permitting and completion of construction of this facility during the diligence period amounted to approximately $3,815,100. (b) The District performed substantial work on and has completed the enlargement of Stevens Reservoir, one of the District’s primary storage reservoirs. Costs incurred by the District for the engineering, design and construction amounted to approximately $7.02 million, of which $5,890,764 was expended during the relevant diligence period. Costs incurred by the District for land acquisition associated with the enlargement of Stevens Reservoir totaled $844,139 during the relevant diligence period. (c) The District prosecuted applications in the water court for water rights related to other facilities that are a part of the District’s integrated municipal water system and has continued to protect its water rights by participating in water court adjudications of the water rights of others to prevent a negative impact on the water yields of the District’s water rights. The legal and engineering costs incurred by the District for these matters totaled approximately $240,000 during the relevant diligence period. (d) The District has continued to update and modify its water planning efforts during the diligence period in accordance with the changing demands for water within the District. Engineering work commissioned and other costs associated with the implementation of water conservation programs, raw water irrigation systems and other master planning efforts amounted to $373,511 during the relevant diligence period. (e) Expenditures by the District for necessary improvements, repairs and operations of raw water supply ditches, pipelines and reservoirs during the diligence period have totaled $87,864. (f) The District expended over $1,476,634 toward design and installation of upgrades and improvements to the San Juan Water Treatment Plant and related facilities during the relevant diligence period. 6. Claim for Perfection of a Portion of Conditional Water Right. PAWSD completed construction of the enlargement of Stevens Reservoir in March of 2009. Stevens Reservoir was enlarged from a capacity of approximately 635 acre-feet to a new total capacity of 1,775.3 acre-feet. PAWSD holds absolute water storage rights for Stevens Reservoir totaling 634.84 acre-feet. Stevens Reservoir and Martinez Dam, among other water storage structures, were decreed in Case No. W-958-72 as alternate places of storage for the water storage rights decreed for those structures, as described in paragraph 5.b above. During the summer of 2009, the enlarged Stevens Reservoir was filled to 20% of capacity as restricted by State dam officials. During the period November, 2009 through April 7, 2010, PAWSD filled the reservoir to 634.84 acre-feet under the existing Stevens Reservoir rights. Immediately thereafter, PAWSD filled the enlarged Stevens Reservoir to its full capacity of 1775.33 acre-feet on April 19, 2010, storing 1,120.49 acre-feet of water by exercise of the Martinez Dam water right in the enlarged Stevens Reservoir as an alternate place of storage. PAWSD again achieved a complete fill of Stevens Reservoir on May 2, 2011 and on March 2, 2012. Pursuant to Section 37-92-301(4)(e), C.R.S., water stored may be claimed absolute for all decreed purposes. Therefore, PAWSD claims 1,120.49 acre-feet of the Martinez Dam conditional water right absolute for all decreed purposes, leaving a balance of 1,779.51 acre-feet conditional. 7. Name and address of potentially affected landowners: To the best of Applicant’s knowledge and belief, the decreed location of Martinez Dam and reservoir is on land owned by the Rendezvous Property Owners Association, 900 Black Powder Place, Pagosa Springs, CO 81147. The proposed reservoir site is adjacent to lands owned by Glenn and Cathy Rutherford, 900 Black Powder Place, Pagosa Springs, CO 81147; Clayton and Margaret Braatz, 1173 San Marino Avenue, San Marino, CA 91108; Black Powder Trust, 900 Black Powder Place, Pagosa Springs, CO 81147; Heather Family Trust, 236 W. Maple Ave., Monrovia, CA 91016; Coyote Hill Lodge, c/o Holland Management, P.O. Box 427, Sharon Center, Ohio 44274; and Archuleta County, 449 San Juan Street, Pagosa Springs, CO 81147. 8. Additional remarks: A term and condition of the diligence decree issued by the court in Case No. 05CW31 requires the District to abandon any portion of the subject conditional Martinez Dam water right that has not been perfected as of the date that the Dry Gulch Project facilities have been constructed to a capacity of 35,000 ac-ft of storage, with a water diversion capacity of no less than 180 cfs from the San Juan River, and the water rights associated with such facilities are decreed as absolute by this Court. This term and condition will be continued and included in the final decree issued in this matter. (6 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 November, 2013, 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 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 October 31, 2013 Original Signature on file
Danene M. Etz, Water Court Specialist
Published October 17, 2013 in The Pagosa Springs SUN.
FOR BOARD OF COUNTY COMMISSIONERS HEARING ON November 5, 2013
La Plata Electric Association requests approval for a Conditional Use Permit application for a 50’ high communication pole plus a 20’ tall antenna mounted on top. The property is approximately .5 acre located at 43 Summit Swing Drive, Arboles, CO in Archuleta County. The proposal involves both approval of the tower and approval of a height variance as the county height limit is 35 feet; the tower is planned to be 50 feet.
Comments regarding this proposal may be submitted to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to firstname.lastname@example.org prior to the public hearing by the Archuleta Board of County Commission on November 5 at 1:30 p.m. in the County Courthouse, 449 San Juan Street, Pagosa Springs. Public comments will be taken at the meeting.
Published October 17 and 24, 2013 in The Pagosa Springs SUN.
Attention past due customers of Mountain View Mini Storage located at 146 Frontier Avenue, Pagosa Springs, CO 81147: J. Gallegos, T. Gawden, Kid & Kabodle, MJM, J. Lally, Farregos, E. Martinez, M Bliss and Midworks Painting. Immediate payment is required if you do not want the contents of your unit sold. Please contact Mountain View Mini Storage at (970) 264-4476.
Published October 17 and 24, 2013 in The Pagosa Springs SUN.
The Aspen Springs Metropolitan District will vote on ratification of the Amended 2013 Budget and the Proposed 2014 Budget at the November 12, 2013 meeting at 6pm at the Aspen Springs Metro building, located at 216 Metro Drive, Pagosa Springs, Co. 81147.. The Budget Proposals are available for review at the Metro Building. Interested parties may file objections any time prior to final ratification.
Published October 17, 2013 in The Pagosa Springs SUN.
NOTICE OF BUDGET
(Pursuant to 29-1-106, C.R.S.)
NOTICE is hereby given that a proposed budget has been submitted to the Archuleta County Board of County Commissioners for the ensuing year of 2014; a copy of such proposed budget has been filed in the office of Archuleta County Clerk & Recorder, where the same is open for public inspection; such proposed budget will be considered at a Special meeting of the Archuleta County Board of County Commissioners to be held at Commissioners Meeting Room, Archuleta County Courthouse, 449 San Juan Street, P.O. Box 1507, Pagosa Springs, CO 81147 on Friday, December 13, 2013 at 3:00 PM. Any interested elector of Archuleta County may inspect the proposed budget and file or register any objections thereto at any time prior to the final adoption of the budget.
Published October 17, 2013 in The Pagosa Springs SUN.