Public Notices 11/13/2014

PUBLIC HEARING

The Town of Pagosa Springs Town Council will hold a public hearing on Tuesday December 2, 2014 at 5:00 p.m. in the Town Hall Council Chambers to approve the 2015 proposed budget and capital program for the Town of Pagosa Springs and the Sanitation General Improvement District. Copies of the proposed budget and the proposed capital projects programs are available for public inspection in the office of the Town Clerk in the Town Hall.

Published November 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 October, 2014, for Archuleta County.

14CW33 Patrick Disner, 250 Carrico St., Pagosa Springs, CO 81147: Rio Blanco River; Archuleta County; Disner Pump Site; Northing 4113871, Easting 327267; Zone 13; NW1/4SW1/4, Section 27, T34N, R1W, NMPM; 2256 feet from South, 1021 feet from West; Rio Blanco River; Date of appropriation, 9/1/14; Appropriation initiated by irrigation of cleared lot; Date water applied to beneficial use, 9/1/14; Irrigation of approximately 2.2 acres lawn and garden and fire suppression; 0.08 cfs Absolute; Bauer Pump Site; Northing 411835, Easting 327398; Zone 13; NE1/4SW1/4, Section 27, T34N, R1W, NMPM; 2146 feet from South, 1450 feet from West; Rio Blanco River; Date of appropriation, 5/17/13; Appropriation was initiated by irrigation of newly cleared lot; Date water applied to beneficial use, 5/17/13; Irrigation of .8 acres lawn and garden and fire suppression; 0.03 cfs Absolute. Application for Absolute Water Rights (Surface) (12 pages)

14CW3034 APPLICATION FOR A CONDITIONAL WATER RIGHT (SURFACE), Archuleta County. Applicant: Robert Girardin, P.O. Box 701, Pagosa Springs, CO 81147. Direct all correspondence to Amy N. Huff, Colorado Water & Land Law, LLC, 679 E. 2nd Ave, Unit 11B, Durango, CO 81301 (970)403-1770. (1) Structure Name: Little Flat Ditch, (2) Legal Description of Point of Diversion: NW ¼ NW ¼ Section 36, Township 36N, Range 1W, NMPM, at a point 519 feet from the North Section line and 770 feet from the West Section line of Said Section 36. (3) Source: Coal Creek and all tributaries thereto. (4) App Date: October 9, 2014 (6) Amt: 1 c.f.s. Conditional (7) Use: Irrigation of up to 5 acres on property currently owned by the Applicant, and stock water. (8) Applicant owns the land on which the proposed point of diversion is located (9) 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 December, 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 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 November 30, 2014Original Signature on file

Danene M. Etz, Water Court Specialist

 

Published November 13, 2014 in The Pagosa Springs SUN.

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UPPER SAN JUAN HEALTH SERVICE DISTRICT

NOTICE OF PUBLIC HEARING FOR

BUDGET AND APPROPRIATION

(Pursuant to Section 29-1-106 and

Section 29-1-109, C.R.S.)

NOTICE is hereby given that a proposed budget has been submitted to the Board of the Upper San Juan Health Service District (“USJHSD”). The proposed 2015 budget will be considered for adoption at a public hearing which will take place during the special meeting of the Board of USJHSD on December 5, 2014, commencing at 12:00 noon, at 95 South Pagosa Blvd., Pagosa Springs, CO 81147.

A copy of the proposed 2015 budget is available for inspection, Monday through Friday 8:30am to 4:30 pm, at USJHSD’s administrative office located at 95 South Pagosa Blvd., Pagosa Springs, CO. Any interested elector within the USJHSD service territory may inspect, comment or register objections thereto at any time prior to the adoption of the budget.  Published in the Pagosa Sun on November 6, 2014.

Published November 13, 20 and 27, 2014 in The Pagosa Springs SUN.

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NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION

FOR ISSUANCE OF TREASURER’S DEED

To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to

TAMARA V PESCHON

2622 Heritage Colony Dr

Webster, TX  77598-3208

You and each of you are hereby notified that on the 3rd day of November 2011, the then

County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

Spex Consulting LLC

the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:

Lot 48, Block 8, Aspen Springs Subdivision No. 4, according to the amended plat thereof filed August 20, 1971 as Reception No. 74785, in the office of the Clerk and Recorder, Archuleta County, Colorado.

Schedule number #569311411031   R003390

TSC #2011-01747

and said County Treasurer issued a certificate of purchase therefore to Spex Consulting LLC

That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2010

That said real estate was taxed or specially assessed in the name(s) TAMARA V PESCHON for said year 2010.

That said Spex Consulting LLC on the 29th Day of September, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;

That a Treasurer’s Deed will be issued for said real estate Spex Consulting LLC

At 8:00 o’clock AM, on the March 18, 2015, unless the same has been redeemed.

Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 29th Day of September, A.D. 2014.

/s/ Betty A. Diller

Betty A. Diller, Archuleta County Treasurer

Published November 13, 20 and 27, 2014 in The Pagosa Springs SUN.

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DISTRICT COURT,

ARCHULETA COUNTY, COLORADO

Court Address: Combined Court

449 San Juan Street

P.O. Box 148

Pagosa Springs, CO 81147

Phone Number: (970) 264-8160

Plaintiff(s):

WYNDHAM VACATION RESORTS, INC., A DELAWARE CORPORATION

v.

Defendant(s):

ROBERT L. BLACK, DEBRA L. BLACK, RICHARD A. BUNN, MILDRED COLEEN BUNN, RAYMOND C. CHUCKLUCK, DORIS CHUCKLUCK, KENNETH GUNSTANSON, GLORIA RIOS, LYNDA A. LEDERLE, KEITH MOYA, MELISSA MOYA, CARL VALLDEJULI AND LILIANA RAMIREZ

Submitting Attorney:

NEWBOLD CHAPMAN & GEYER PC

Keith Newbold

150 East 9th Street, Suite 400

P.O. Box 2790

Durango, CO 81302

Phone Number: (970) 247-3091

Fax Number: (970) 247-3100

E-Mail: knewbold@ newboldchapmanlaw.com

Atty. Reg. No: 010629

Case Number: 2014-CV-30029

SHERIFF’S COMBINED NOTICE OF SHERIFF’S SALE AND

NOTICE OF 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 of Foreclosure has been entered in this action concerning Mortgages executed by the Defendants for the benefit of Wyndham Vacation Resorts, Inc., said Mortgages being recorded as detailed below.

The real property, which is all of the property currently encumbered by the Mortgages described in said Judgment and Decree of Foreclosure, is situate in Archuleta County, Colorado, as recorded in the Office of the Clerk and Recorder of Archuleta County, Colorado, as detailed and described below.

The Defendants named below are the original grantors of the Mortgages and are in default pursuant to the terms of the Promissory Notes and the Mortgages being foreclosed. The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the judgment entered herein) secured by the property being sold; and as of July 11, 2014, the outstanding balance due and owning on such judgment is detailed below.

The name, address and telephone number of the attorneys representing the owner of the Mortgage being foreclosed is Keith Newbold, Esq., Reg. No. 010629; Newbold Chapman & Geyer PC, 150 East 9th Street, Suite 400, Durango, Colorado 81301; (970) 247-3091.

1. As to Defendants Richard A. Bunn and Mildred Coleen Bunn (Contract #171005838), the property is described as:

A 77,000/17,743,000 undivided fee simple absolute interest in Units 7833-7834 in Building 17, as tenants in common with the other undivided interest owners of said building of PEREGRINE TOWNHOUSES PHASE IV, as depicted on the Plat recorded at Reception Number 98002629, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, First Supplemental Declaration recorded April 8, 1998 as Reception No. 98002628 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

with the Mortgage being dated August 23, 2010, and recorded on December 1, 2010 at Reception 21008480. The outstanding balance due and owning on such judgment is:

Original Principal:$9,111.75Unpaid Principal:$7,954.16

Interest at 15%:$614.54Late Fees:$40.00

Costs:$387.14Attorney Fees:$1,100.00

Judgment Total:$12,352.31

2. As to Defendants Raymond C. Chuckluck and Doris Chuckluck (Contract #171006547), the property is described as:

An 84,000/17,743,000 undivided fee simple absolute interest in Units 7833-7834 in Building 17, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase IV, as depicted on the Plat recorded at Reception Number 98002629, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, First Supplemental Declaration recorded April 8, 1998 as Reception No. 98002628 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado, as referred to and described in Schedule B hereof, which undivided interest has been assigned 84,000 Fairshare Plus Points symbolic of said property interest.

with the Mortgage being dated September 10, 2010, and recorded on November 3, 2010 at Reception 21007693. The outstanding balance due and owning on such judgment is:

Original Principal:$4,224.00Unpaid Principal:$4,008.48

Interest at 15%:$309.70Late Fees:$100.00

Costs:$387.14Attorney Fees:$1,100.00

Judgment Total:$6,989.41

3. As to Defendants Keith Moya and Melissa Moya (Contract #170704464), the property is described as:

A 182,000/17,743,000 undivided fee simple absolute interest in Units 7859-7860 in Building 30, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase VI, as depicted on the Plat recorded at Reception Number 99011974, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, Second Supplemental Declaration recorded July 8, 1999 as Reception No. 99006556 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado, as referred to and described in Schedule B hereof, which undivided interest has been assigned 182,000 Fairshare Plus Points symbolic of said property interest.

with the Mortgage being dated May 15, 2007, and recorded on August 8, 2008 at Reception 20806097. The outstanding balance due and owning on such judgment is:

Original Principal:$21,449.97Unpaid Principal:$20,412.62

Interest at 15%:$1,577.08Late Fees:$345.00

Costs:$604.54Attorney Fees:$1,100.00

Judgment Total:$41,181.05

4. As to Defendants Carl ValldeJuli and Liliana Ramirez (Contract #170804710), the property is described as:

A 154,000/17,743,000 undivided fee simple absolute interest in Units 7831-7832 in Building 16, as tenants in common with the other undivided interest owners of said building of PEREGRINE TOWNHOUSES PHASE IV, as depicted on the Plat recorded at Reception Number 98002629, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, First Supplemental Declaration recorded April 8, 1998 as Reception No. 98002628 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado, which undivided interest has been assigned 154,000 Fairshare Plus Points symbolic of said property interest.

with the Mortgage being dated June 30, 2008, and recorded on September 25, 2008 at Reception 20807653. The outstanding balance due and owning on such judgment is:

Original Principal:$19,394.10 Unpaid Principal:$14,940.18

Interest at 15%:$1,154.28Late Fees:$115.00

Costs:$662.54Attorney Fees:$1,100.00

Judgment Total:$21,223.89

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

NOTICE OF SALE

I shall offer for public sale to the highest bidder, for cash, at public auction, all the right, title and interest of the Defendants in said property on Wednesday, January 7, 2015, at 10:00 A.M., at the Sheriff’s Office, 449 San Juan Street Pagosa Springs, Colorado.

NOTICE OF RIGHTS

Said proceeding may result in the loss of property in which you have an interest and may create a personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

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.

DATED this 22nd day of Sep, 2014 at Pagosa Springs, Colorado.

/s/ Peter L. Gonzalez, Sheriff,

Peter L. Gonzalez

Archuleta County, Colorado

SALE DATE: WEDNESDAY, JANUARY 7, 2015 AT 10:00 AM

SALE NUMBER: 2014-025

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

Published in The Pagosa Springs Sun

First Publication: November 13, 2014

Last Publication: December 11, 2014

Published November 13, 20, 27, December 4 and 11, 2014 in The Pagosa Springs SUN.

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District Court, Archuleta County, State of Colorado

Court Address: PO Box 148, 449 San Juan St.

Pagosa Springs, CO 81147

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, LLC

Plaintiff,

vs.

DAVID M. FUNK and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendants.

Attorney for Plaintiff(s):

Name: D. Brett Van Winkle

Address: 10 Town Plaza, #504

Durango, CO 81301

Phone Number: (970) 426-8424

Email: vanwinkledb@gmail.com Atty. Reg. #: 41195

Case Number: 14CV030089

SUMMONS BY PUBLICATION

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 the date 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 further notice.

This is an action to judicial foreclosure to:

Unit Number 7311, Building Number 02, Unit Week Number 43, 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 161911 amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Dated this 15th day of October, 2014.

/s/ D. Brett Van Winkle

D. Brett Van Winkle

Published November 13, 20, 27, December 4 and 11, 2014 in The Pagosa Springs SUN.

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District Court, Archuleta County, State of Colorado

Court Address: PO Box 148, 449 San Juan St.

Pagosa Springs, CO 81147

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, LLC

Plaintiff,

vs.

DAVID M. FUNK, RENEE FUNK and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendants.

Attorney for Plaintiff(s):

Name: D. Brett Van Winkle

Address: 10 Town Plaza, #504

Durango, CO 81301

Phone Number: (970) 426-8424

Email: vanwinkledb@gmail.com Atty. Reg. #: 41195

Case Number: 14CV030090

SUMMONS BY PUBLICATION

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 the date 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 further notice.

This is an action to judicial foreclosure to:

Unit Number 7307, Building Number 01, Unit Week Number 47, 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 161911 amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Dated this 15th day of October, 2014.

/s/ D. Brett Van Winkle

D. Brett Van Winkle

Published November 13, 20, 27, December 4 and 11, 2014 in The Pagosa Springs SUN.

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DISTRICT COURT, ARCHULETA COUNTY, STATE OF COLORADO

Court Address:

Archuleta County District Court

449 San Juan St.

Pagosa Springs, CO 81147

970-264-5932

Case No.: 2014CV030111

Plaintiff: PAGOSA LAKES PROPERTY OWNERS ASSOCIATION, a Colorado nonprofit corporation,

v.

Defendants: WTF ENTERPRISES, LLC

Attorneys for Plaintiff:

Orten Cavanagh & Holmes, LLC

Hal R. Kyles, #23891

Kelly K. McQueeney, #45175

1445 Market Street, Suite 350

Denver, CO 80202

Phone Number: (720) 221-9780

Matter ID #1019-378

SUMMONS [BY PUBLICATION]

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 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 action of foreclosure pursuant to Rule 105, C.R.C.P. to the real property situate in Archuleta County, Colorado more particularly described on Exhibit “1”, attached hereto and by this reference made a part hereof.

Dated: October 21, 2014

ORTEN CAVANAGH & HOLMES, LLC

By: /s/Hal R. Kyles

Hal R. Kyles, #23891

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.

Exhibit 1

Lot 9, CAPSTONE VILLAGE, being Parcel 4-B of the Replat of Parcel 4, Tract B and Parcel 5 of the Second Replat of South Village Lake, according to the plat thereof recorded November 13, 2001 as Reception No. 20110130.

Published November 13, 20, 27, December 4 and 11, 2014 in The Pagosa Springs SUN.

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This story was posted on November 13, 2014.