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Public Notices 1/17/13

FIRST READING

The first reading of Ordinance No. 782 (Series 2013) was completed at the Pagosa Springs Town Council Meeting held on January 8, 2013 at 5:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 782, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS REVISING ARTICLE 10 OF THE LAND USE AND DEVELOPMENT CODE REGARDING IMPACT FEES. 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 17, 2013 in The Pagosa Springs SUN.

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FIRST READING

The first reading of Ordinance No. 783 (Series 2013) was completed at the Pagosa Springs Town Council Meeting held on January 8, 2013 at 5:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 783, AN ORDINANCE IDENTIFYING TOWN COUNCIL REGULAR MEETING DATES, LOCATIONS, TIMES AND AGENDA POSTING REQUIREMENTS. 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 17, 2013 in The Pagosa Springs SUN.

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INVITATION TO BID

LYN AVENUE CAMPUS VIDEO SECURITY SYSTEM

District:

Pagosa Area Water and Sanitation District

P.O. Box 4610

100 Lyn Avenue

Pagosa Springs, CO 81157

Sealed bids will be received by the Pagosa Area Water and Sanitation District, 100 Lyn Ave., Pagosa Springs, CO 81147 until 1:00 p.m. local time January 31,2013. Bids received after this time will not be accepted and will be returned unopened.

At said place and time, and promptly thereafter, all bids that have been duly received will be opened publicly and read aloud. All interested parties are invited to attend. The District reserves the right to reject any and all bids and to waive irregularities or informalities in any bid.

The work to be performed generally includes: installation of one 8 channel networkable DVR 1TB, five bullet cameras, three PTZ outdoor D/N domes, three waterproof transformers, one 8 camera power supply, two wireless hosts, eight wireless clients, two wireless Ethernet switches, and eight encoder/decoder kit with enclosure, wire and installation.

Bids shall be submitted on a lump sum basis.

Bidders shall provide proof of insurance in accordance with the District’s requirements. Please contact the District’s Project Manager, Gregg Mayo, P.O. Box 4610, 100 Lyn Avenue, Pagosa Springs, CO 81157, 970+731-7641, gregg@pawsd.org, for questions regarding the above, or to obtain a copy of the insurance requirements.

No Bids may be withdrawn within a period of sixty (60) days after the date Bids are opened.

District: Pagosa Area Water and Sanitation District

By: /s/ Ed Winton

Manager

Published January 17, 2013 in The Pagosa Springs SUN

Posted on the PAWSD website 1/10/13 through 1/31/13

Posted in the District’s entryway 1/10/13 throuth 1/31/13

Published January 17, 2013 in The Pagosa Springs SUN.

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PUBLIC NOTICE

The Town of Pagosa Springs Town Council will hold a public hearing on February 05, 2013 at 5pm to be held at Town Hall located at 551 Hot Springs Boulevard, to review a request for annexation and zoning designation for the proposed Sawmill Place Annexation aka “all of Bass Drive, Pagosa Hills Subdivision No. 3, according to the plat thereof recorded August 3, 1971 as reception No. 74680, in the office of the clerk and recorder, Archuleta County, Colorado” which is currently zoned as residential under the Archuleta County zoning classifications, and proposed for Town zoning classification Mixed Use Residential (MU-R). Anyone wishing to comment should provide written comments by January 28, 2013, contact the Town Planning Department or attend the public hearing and be heard.

Published January 17, 2013 in The Pagosa Springs SUN.

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OPPORTUNITY TO COMMENT

Piedra Road Reroute

San Juan National Forest

Pagosa Ranger District

Archuleta County, Colorado

The Pagosa Ranger District is proposing to reroute a 0.5 mile section of the Piedra Road near milepost 14, approximately 13.9 miles northwest of Pagosa Springs Colorado. The section of road being rerouted begins at mile 13.9 of the Piedra Road and ends at mile 14.4, as measured from the intersection of Highway 160 and the Piedra Road. This section of road has a history of slope instability which has periodically caused the shoulder of the road to slide, creating unsafe driving conditions. The new section of road would match the existing width, constructed as a two-lane, 24-foot wide driving surface road. The existing road would remain open during construction with no significant traffic delays anticipated.

A description of the proposed action and other information regarding this action is available for review at the Pagosa Ranger District Office at 180 Pagosa Street in Pagosa Springs, Colorado. Information can also be downloaded from the San Juan National Forest projects web site at: www.fs.usda.gov/goto/sanjuan/projects .

How to Comment and Timeframe

This comment period coincides with public scoping and will be the only comment opportunity offered on this project (see 36 CFR 215.5 and 215.6). It is intended to provide those interested in or affected by this proposal an opportunity to make their concerns known before the Responsible Official makes a decision.

Written, facsimile, hand-delivered, oral, and electronic comments concerning this action will be accepted for 30 calendar days following the publication of this notice. The publication date of this notice is the exclusive means for calculating this comment period.

To be eligible to appeal the subsequent decision on this project, an individual or group must provide comment or otherwise express interest in the proposed actions during this comment period pursuant to 36 CFR part 215 regulations. Those individuals and organizations wishing to be eligible for appeal must provide the information as stated in 36 CFR 215.6 (3). Regulations prohibit extending the length of the comment period.

Written comments can be mailed to: District Ranger, Pagosa Ranger District, P.O. Box 310, Pagosa Springs, CO 81147, or hand-delivered to the Pagosa District Office at 180 Pagosa Street in Pagosa Springs, Colorado between 8:00 am – 4:30 pm, Monday through Friday, excluding holidays. Comments may also be faxed to: Attn: District Ranger, fax number 970-264-1538.

Electronic comments can be submitted to: comments-rocky-mountain-san-juan-pagosa@fs.fed.us , and must be submitted in a format such as an email message, plain text (.txt), rich text format (.rtf), or Word (.doc). In cases where no identifiable name is attached to an electronic message, a verification of identity will be required for appeal eligibility. A scanned signature is one way to provide verification. For electronically mailed comments the sender should normally receive an automated acknowledgement from the agency as a confirmation of receipt. If the sender does not receive an automated acknowledgement receipt of comments, it is the senders responsibility to insure timely receipt by other means (36 C.F.R. 215.6 (4) (iii)). Oral comments must be provided in person at the Pagosa District office during normal business hours (see above), or via telephone 970-264-2268.

Comments received in response to this solicitation, including names and addresses of those who comment will be considered part of the public record on this proposed action and will be available for public inspection. Comments submitted anonymously will be accepted and considered; however, those who only submit anonymous comments will not have standing to appeal the subsequent decision under 36 CFR Part 215.14.

For further information contact Chris Phelps at 970-385-1296.

Published January 17, 2013 in The Pagosa Springs SUN.

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PUBLIC HEARING

The Town Council for the Town of Pagosa Springs will be holding a public hearing for a Brew Pub license application for Schnox Corporation dba Riff Raff Brewing Company located at 274 Pagosa Street. The public hearing will be held on Tuesday February 5, 2013 at 5:00 p.m. in the Town Council Chambers at Town Hall 551 Hot Springs Blvd. All people wishing to comment should be present at that meeting or have written comments in the office of the Town Clerk no later than 5:00 p.m. on February 1, 2013.

Published January 17, 2013 in The Pagosa Springs SUN.

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Town of Pagosa Springs, Colorado

Highway 160 Sidewalk Replacement

(South Side 1st Street to 2nd Street)

The Town of Pagosa Springs, Colorado is in the process of finalizing the above listed project constructed by U-Can-Afford Landscaping, Inc. (UCAL). The project also included some sidewalk repair and access ramp construction along U.S. Highway 160 in the 200 and 400 blocks. 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 February 18, 2013. Any claims received on or after February 18, 2013 shall not be considered. Claim forms can be obtained from Davis Engineering Service, Inc. (Phone 970-264-5055).

Published January 17 and 31, 2013 in The Pagosa Springs SUN.

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COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2012-115

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

On November 13, 2012, 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) Robert J. Engle, SR.

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Plaza Home Mortgage, Inc.

Current Holder of Evidence of Debt Nationstar Mortgage LLC

Date of Deed of Trust March 01, 2007

County of Recording Archuleta

Recording Date of Deed of Trust March 01, 2007

Recording Information (Reception Number) 20701832

Original Principal Amount $350,000.00

Outstanding Principal Balance $350,433.55

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 8 of Navajo Peak Ranch, according to the Plat thereof filed for record June 17, 1997 as Reception No. 1997003732.

Also known by street and number as: 1100 Navajo Peak Place, 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, 03/14/2013, 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 1/17/2013

Last Publication 2/14/2013

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;

DATE: 11/13/2012

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

By: 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:

Dale & Decker, LLC 2 Inverness Drive East, Suite 105, Englewood, CO 80112 (720) 493-4600

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 # 12-9577

©Public Trustees’ Association of Colorado Revised 9/2012

Published January 17, 24, 31, February 7 and 14, 2013 in The Pagosa Springs SUN.

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COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2012-116

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

On November 15, 2012, 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) James L. Hallock and Nora K. Hallock, husband and wife

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

Current Holder of Evidence of Debt U.S. Bank National Association, as Trustee for Banc of America Funding Corporation 2007-C

Date of Deed of Trust September 26, 2005

County of Recording Archuleta

Recording Date of Deed of Trust October 04, 2005

Recording Information (Reception Number) 20510410

Original Principal Amount $591,750.00

Outstanding Principal Balance $591,750.00

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:

See Exhibit A

Legal Description

A tract of land lying and being within the W1/2SE1/4 of Section 28, Township 34 North, Range 4 West, N.M.P.M., being more particularly described as follows:

BEGINNING at the Southwest corner of the NW1/4SE1/4 of said Section 28;

Thence North 00° 09’ 41” East, 791.21 feet along the West line of said NW1/4SE1/4 to a 1/2 inch diameter rebar with a plastic cap LS No. 26973;

Thence North 89° 21’ 51” East, 1314.24 feet parallel with the North line of said NW1/4SE1/4 to a point on the East line of said NW1/4SE1/4, being a 1/2 inch diameter rebar with a plastic cap LS No. 26973;

Thence South 00° 16’ 28” West, 794.90 feet along the East line and to the Southeast corner of said NW1/4SE1/4, being a  2-1/2 inch diameter aluminium post with a BLM aluminum cap;

Thence South 00° 24’ 11” West, 800.00 feet along the East line of the SW1/4SE1/4 to a 1/2 inch diameter rebar with a plastic cap LS No. 26973;

Thence North 81° 37’ 15” West, 567.96 feet to a 1/2 inch diameter rebar with a plastic cap LS No. 26973;

Thence North 13° 27’ 04” West, 731.14 feet to a point on the North line of said SW1/4SE1/4, being a 1/2 inch diameter rebar with a plastic cap LS No. 26973;

Thence South 89° 31’ 27” West, 575.00 feet along the said North line of the SW1/4SE1/4 to the point of beginning.

TOGETHER WITH a non-exclusive easement for the purpose of ingress and egress, being a strip of land 30 feet in width, 15 feet wide on each side of the following described center line:

BEGINNING at the Westerly end Center, a point in the center of Archuleta County Road No. 917, whence the Northwest corner of the SW1/4SE1/4 of Section 28, bears North 34° 22’ 49” West, 1031.40 feet;

Thence North 50° 25’ 28” East, 224.97 feet to the Easterly end Center, whence the Northeast corner of said SW1/4SE1/4, bears North 38° 21’ 16” East, 914.60 feet.

It is the intent of the above described easement to be a strip of land, 30 feet in width, the side lines of which strip are to be shortened or extended to close upon the center of Archuleta County Road No. 917 and the Southwesterly boundary of the above described tract of land.

Also known by street and number as: 1000 County Road 917, 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, 03/14/2013, 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 1/17/2013

Last Publication 2/14/2013

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;

DATE: 11/15/2012

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

By: 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 # 9105.05015

©Public Trustees’ Association of Colorado Revised 9/2012

Published January 17, 24, 31, February 7 and 14, 2013 in The Pagosa Springs SUN.

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COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2012-117

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

On November 15, 2012, 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) GEORGE GRANBY

Original Beneficiary(ies) AMERICAN LIFE FINANCIAL GROUP INC. DBA U.S. MORTGAGE EXPRESS

Current Holder of Evidence of Debt ONEWEST BANK, FSB

Date of Deed of Trust March 28, 2001

County of Recording Archuleta

Recording Date of Deed of Trust April 04, 2001

Recording Information (Reception Number) 20102950

Original Principal Amount $92,000.00

Outstanding Principal Balance$76,078.27

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 344, ASPEN SPRINGS SUBDIVISION NO. 5, ACCORDING TO THE PLAT THEREOF FILED AUGUST 3, 1971, AS RECEPTION NO. 74690 IN THE OFFICE OF THE CLERK AND RECORDER IN AND FOR ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 285 INDIAN LAND ROAD, 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, 03/14/2013, 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 1/17/2013

Last Publication 2/14/2013

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;

DATE: 11/15/2012

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

By: 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:

Janeway Law Firm, P. C. 19201 East Main St., Suite 205, Parker, CO 80134-9092 (303) 706-9990

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 January 17, 24, 31, February 7 and 14, 2013 in The Pagosa Springs SUN.

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DISTRICT COURT, ARCHULETA COUNTY, COLORADO

449 San Juan St.

P.O. Box 148

Pagosa Springs, CO 81147

Plaintiffs: DAVID A. LOESER and CINDY A. LOESER

v.

Defendants: ESTATE OF LEE D. PARR; ESTATE OF MYRTLE MACHT; RONALD D. HOTT; ANY AND ALL HEIRS OF LEE D. PARR; ANY AND ALL HEIRS OF MYRTLE MACHT; PUBLIC TRUSTEE OF ARCHULETA COUNTY; and ANY AND ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT MATTER OF THIS ACTION

Attorney for Plaintiffs:

Tasha J. Power, #36750

Frascona, Joiner, Goodman and Greenstein, P.C.

4750 Table Mesa Drive, Boulder, Colorado 80305

Phone Number: 303-494-3000

E-mail: tasha@frascona.com

Case No.: 2012 CV 200

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 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 Plaintiffs in and to real property situated in Archuleta County, Colorado and described as follows:

All that portion of the below-described tract of land lying and being within that tract of land described in Warranty Deed from Diana G. Smith to David A. Loeser and Cindy A. Loeser recorded August 23, 2012 at Reception No. 21205417:

A strip of land in Lot 11, Section 35, Township 36 North, Range 2 West, N.M.P.M. as follows; Beginning at the Northeast corner of said Lot 11, running South 60 feet, thence West 40 rods, thence North 60 feet, thence East 40 rods to place of beginning

Dated: January 8, 2013.

Respectfully submitted,

Frascona, Joiner, Goodman and Greenstein, P.C.

An original signature is on file at the offices of

Frascona, Joiner, Goodman and Greenstein, P.C.

/s/ Tasha J. Power

Tasha J. Power, # 36750

Attorney for Plaintiffs

Published in the The Pagosa Springs Sun.

First Publication: 1-17-2013.

Last Publication: 2-14-2013.

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 January 17, 24, 31, February 7 and 14, 2013 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.

JAMES F. HOLLAND, BETTY B. HOLLAND and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendants.

Attorney for Plaintiffs:

Larry W. Holthus

PO Box 1737

Pagosa Springs, CO 81147

Phone Number: (970) 264-4196

FAX Number: (970) 264-4197

Atty. Reg. #: 10535

Case Number: 12CV181

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 7319, Building Number 002, Unit Week Number 08, in Masters Place Condominiums Phase I 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.

Dated this 20th day of December, 2012.

/s/ Larry W. Holthus

Larry W. Holthus

Published January 17, 24, 31, February 7 and 14, 2013 in The Pagosa Springs SUN.

__________________________

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.

DARWIN R. LIPKER AND LORI LIPKER and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendants.

Attorney for Plaintiffs:

Larry W. Holthus

PO Box 1737

Pagosa Springs, CO 81147

Phone Number: (970) 264-4196

FAX Number: (970) 264-4197

Atty. Reg. #: 10535

Case Number: 12CV179

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 7312, Building Number 002C, Unit Week Number 09, in Masters Place Condominiums Phase I 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.

Dated this 20th day of December, 2012.

/s/ Larry W. Holthus

Larry W. Holthus

Published January 17, 24, 31, February 7 and 14, 2013 in The Pagosa Springs SUN.

_________________________

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 G. SMITH AND DEBORAH SMITH and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendants.

Attorney for Plaintiffs:

Larry W. Holthus

PO Box 1737

Pagosa Springs, CO 81147

Phone Number: (970) 264-4196

FAX Number: (970) 264-4197

Atty. Reg. #: 10535

Case Number: 12CV160

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 7317, Building Number 02, Unit Week Number 11, 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.

Dated this 13th day of December, 2012.

/s/ Larry W. Holthus

Larry W. Holthus

Published January 17, 24, 31, February 7 and 14, 2013 in The Pagosa Springs SUN.

__________________________

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, 2012, for Archuleta County.

12CW38 APPLICATION FOR A CONDITIONAL WATER RIGHT, ARCHULETA COUNTY. Applicant: Robert Girardin, P.O Box 701, Pagosa Springs, CO (970) 264-6078. Direct all correspondence to Amy N. Huff, Huff Water & Land Law, LLC, 679 E. 2nd Ave., Unit 11B, Durango, CO 81301 (970)764-4372. (1) Structure: Big Flat Ditch (2) Legal: (a) Alternate POD (A): SE ¼ SW ¼ Section 25, Township 36N, Range 1W, NMPM, at a point 768 feet from the south Section line and 1474 feet from the West Section line od said Section 25. (b) Alternate POD (B): SE ¼ SW ¼ Section 25, Township 36N, Range 1W, NMPM, at a point 858 feet from the South Section line and 1710 feet from the West Section line od said Section 25 (3) Source: Unnamed tributary of Coal Creek (4) Approp.: June, 1970 (5) Approp. Initiated: Applicant diverted the native flow of the tributary and used it to irrigate his property (6) Amt.: 2 cfs Conditional (7) Use: Irrigation of up to 30 acres on property currently owned by Applicant, and stock water (8) Affected Land Owners: Rebeccah and Russell Apodaca; Jerry David Girardin (9) See Application (6 pages)

12CW43 (05CW66) ARCHULETA COUNTY, Alpine Cascade, Inc. c/o Douglas M. Sinor and Kristin L. Bailey, Trout, Raley, Montaño, Witwer & Freeman, P.C., 1120 Lincoln Street, Denver, Colorado 80203; 303-861-1963. APPLICATION FOR FINDING OF REASONABLE DILIGENCE AND TO MAKE ABSOLUTE IN PART; 1. Name, mailing address, email address and telephone number of applicant: Alpine Cascade, Inc., c/o J. R. Ford, P.O. Box 4490, Pagosa Springs, Colorado 81157, Telephone: 970-264-5000, E-mail: pagosaland@pagosa.net. 2. Name of each structure: San Juan River Intake. 3. Description of conditional water right: A. Date of original Decree: November 14, 1973, Case No.: W-1063-73, Court: District Court, Water Division No. 7. B. Subsequent decrees awarding findings of diligence: (i) Case No. 85CW44, District Court, Water Division 7, October 17, 1987. (ii) Case No. 89CW29, District Court, Water Division 7, March 28, 1990. (iii) Case No. 96CW19, District Court, Water Division 7, December 13, 1999. (iv) Case No. 05CW66, District Court, Water Division 7, December 14, 2006. C. Change Decree: The decree entered on October 2, 2002, in Case No. 95CW111, Water Division 7, approved alternate points of diversion and uses for the San Juan River Intake water right, as described more fully below. D. Legal Description of Point of Diversion: (i) Original Point of Diversion: Near west bank of San Juan River at Point S 61° 30’ E, 2,900.0 feet from NW corner of Section 12, T34N, R2W, N.M.P.M., Archuleta County, Colorado. (ii) Alternate Points of Diversion Decreed for Alpine Cascade’s San Juan River Intake in Case No. 95CW111: (i) Pit Park Ditch Headgate: A point of diversion on the westerly bank of the San Juan River in the SW/4 NE/4 of Section 23, Township 34 North, Range 2 West, N.M.P.M., in Archuleta County, Colorado, being more particularly described as follows: a point whence the North ¼ Corner of said Section 23 bears North 23° 53’ 41” West, a distance of 2,801.0 feet. Water diverted by the Pit Park Ditch will flow into the Perkins Pit (a/k/a Pit Park) gravel pit ponds, where the water will either be beneficially used in the ponds or be pumped to the place of beneficial use. The gravel pit ponds are located in Section 23, Township 34 North, Range 2 West, N.M.P.M., Archuleta County, Colorado as more specifically described below: North Pond: The centroid of the North Pond is located at a point from whence the Southwest Corner of said Section 23 bears S 55° 55’ 39” W, a distance of 4,087.16 feet. Middle Pond: The centroid of the Middle Pond is located at a point from whence the Southwest Corner of said Section 23 bears S 66° 56’ 39” W, a distance of 3,485.38 feet. South Pond: The centroid of the South Pond is located at a point from whence the Southwest Corner of said Section 23 bears S 74° 11’ 57” W, a distance of 2,994.75 feet. (ii) Gazebo Park Infiltration Gallery: A point of diversion approximately 150 feet west of the westerly bank of the San Juan River in the SE/4 NW/4 of Section 12, Township 34 North, Range 2 West, N.M.P.M., in Archuleta County, Colorado, being more particularly described as follows: a point whence the Northwest Corner of said Section 12 bears North 40° 30’ 26” West, a distance of 2,951.1 feet. E. Source of water: San Juan River. F. Appropriation Date: June 1, 1973. G. Amount: 12 cfs conditional, of which Applicant owns the right to 10.5 cfs. H. Uses: (i) Original decree. Case No. W-1063-73 decreed the San Juan River Intake water right for municipal, commercial, industrial, domestic, irrigation, incidental irrigation, recreation, fish and wildlife propagation, and all other beneficial uses. (ii) Change decree. Case No. 95CW111 approved use of Alpine Cascade’s San Juan Intake water right on a direct flow basis by pumping water from the Pit Park or Gazebo Park alternate points of diversion for irrigation, stock watering, domestic, fire suppression, dust control, fish and wildlife propagation and recreation purposes. The Pit Park pumping station is located on the North Pond described above. The 95CW111 decree also allows water to be diverted at the Pit Park Ditch Headgate and to flow through the North, Middle, and South Ponds for fish and wildlife propagation and recreation uses before being returned to the San Juan River. (iii) Legal description of the lands proposed to be irrigated pursuant to decree in Case No. 95CW111: Gazebo Park: an irregular parcel of land lying on the west bank of the San Juan River in the NW/4 of Section 12, Township 34 North, Range 2 West, N.M.P.M., containing 12.2 irrigated acres, the northernmost corner of which is located at a point whence the Northwest Corner of said Section 12 bears N 67º 38’ 55” W a distance of 2,748.98 feet. Middle Park: an irregular parcel of land lying on the west bank of the San Juan River in the SW/4 of Section 12 and the NW/4 of Section 13, Township 34 North, Range 2 West, N.M.P.M., containing 14.0 irrigated acres, the northernmost corner of which is located at a point whence the Southwest Corner of said Section 12 bears S 49º 41’ 04” W a distance of 2,148.26 feet. Pit Park: an irregular parcel of land lying on the west bank of the San Juan River in the NE/4 and the SE/4 of Section 23, Township 34 North, Range 2 West, N.M.P.M., containing 27 irrigated acres, the northernmost corner of which is located at a point whence the North ¼ Corner of said Section 23 bears N 29º 14’ 34” W a distance of 2,210.64 feet. Low-Density Residential Area on Mesa: approximately 55 irrigated acres lying between Trujillo Road and the edge of the mesa overlooking the San Juan River canyon within the E/2 of Section 11, the W/2 of Section 12, the NW/4 of Section 13 and the NE/4 of Section 14, Township 34 North, Range 2 West, N.M.P.M. The location of the above-described parcels is also shown on the map attached to the Application as Exhibit 1. 4. Detailed outline of what has been done toward completion of the appropriation: A. During the diligence period, the Applicant installed a pump and sprinkler irrigation system to irrigate the Pit Park parcel described above (also known as the Wildlife Park) at a total cost of $203,236.67. The pump system pumps up to 800 gpm (1.78 cfs). The Applicant diverted water during the 2011 and 2012 irrigation seasons at a maximum rate of 1.78 cfs for irrigation of the Wildlife Park. The Applicant first diverted water for irrigation of this parcel on approximately April 1, 2006. B. During the diligence period, the Applicant expended approximately $1,200 toward developing the Gazebo Park Infiltration Gallery. The Applicant has installed a pump, and has diverted water for irrigation of the Gazebo Park parcel described above at a maximum rate of 75 gpm (0.17 cfs). C. The Applicant has diverted water at a rate of up to 8.0 cfs at the Pit Park Ditch Headgate to the North, South and Middle Ponds described above for fire suppression, as well as fish and wildlife propagation and recreation purposes in and around the Ponds. D. During the diligence period, the Applicant also expended approximately $10,800 on grass seeding and improvements for recreation and wildlife in the Wildlife Park and around the ponds. 5. Claim to make absolute in part: A. Date water applied to beneficial use: The Applicant first diverted water for beneficial use at the Gazebo Park and Pit Park alternate points of diversion on approximately October 2, 2002. B. Amount and uses: Applicant has diverted up to 1.78 cfs through the Pit Park Ditch Headgate alternate point of diversion and the North Pond pump station for irrigation of the Wildlife Park parcel and dust suppression. The Applicant has diverted water at a rate of up to 8.0 cfs at the Pit Park Ditch Headgate to the North, South and Middle Ponds for fire suppression and stock watering, as well as fish and wildlife propagation and recreation purposes in and around the Ponds. In addition, the Applicant has diverted water at the Gazebo Park Infiltration Gallery for irrigation of the Gazebo Park parcel at a maximum rate of 0.17 cfs. Therefore, the Applicant requests a decree confirming that the San River Intake water right has been made absolute in the amounts of 1.95 cfs for irrigation, 1.78 cfs for dust suppression, and 8.0 cfs for fire suppression, stock watering, fish and wildlife propagation, and recreation purposes. C. Place of use: The parcels described in section 3.H.(iii) above. A map showing the location of these lands is attached to the Application as Exhibit 1. 6. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. (7 pages)

12CW45 Mary K. Carpenter, PO Box 1618, Pagosa Springs, CO 81147: Carpenter’s Pump and Pond; Archuleta County; Rito Blanco; Date of original decree, 12/23/99; Case no. 99CW1; Subsequent decree date, 11/14/06; Case no. 06CW2; NW1/4SE1/4SW1/4, Section 12, T34N, R1W, NMPM; 1223 feet from South, 1768 feet from West; Rito Blanco tributary to Rio Blanco, San Juan River drainage; Appropriation date, 8/31/98; Irrigation of lawn and garden; Work towards completion of project outlined in application; Date water applied to beneficial use, 8/31/98; .0375 cfs. Application to Make Absolute in Whole or in Part. (7 pages)

12CW516 Susan Young, PO Box 165, Dulce, NM 87528: Paula’s Pumpsite; Archuleta County; Navajo River; Northing 4097799, Easting 312395; Zone 13; NW1/4SW1/4, Section 19, T32N, R2W, NMPM; 773 feet from North, 2173 feet from East; Zone 13; Navajo River; Date of appropriation, June 1999; Appropriation was initiated by irrigating 30 acres; Date water applied to beneficial use, 6/11/99; Irrigation and livestock; Number of acres historically irrigated, 30; .8 cfs Absolute. Application for Absolute Water Rights (Surface) (5 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, 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: $130.00; Forms are available through the Office of the Water Clerk or on the Judicial site at www.courts.state.co.us; Danene M. Etz, Clerk of the Water Court, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)

Published: before January 31, 2013 Original Signature on file

Danene M. Etz, Water Clerk

 

Published January 17, 2013 in The Pagosa Springs SUN.

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This story was posted on January 17, 2013.