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Public Notices 3/14/13

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-001

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

On January 10, 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) Plumb Line Development, LLC

Original Beneficiary(ies) Wells Fargo Bank, National Association

Current Holder of Evidence of Debt Wells Fargo Bank, National Association

Date of Deed of Trust November 03, 2005

County of Recording Archuleta

Recording Date of Deed of Trust November 04, 2005

Recording Information (Reception Number) 20511891

Original Principal Amount $225,000.00

Outstanding Principal Balance $139,807.31

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:

Tract C in LAKE HATCHER PARK, according to the Nat thereof filed for record November 5, 1973 as Reception No. 78738, County of Archuleta, State of Colorado

Together with: (b) all easements, rights-of-way and rights used in connection with or as a means of access to any portion of said real property; (c) all tenements, hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land adjacent to or used in connection with said real property; (e) all buildings, improvements and landscaping now or hereafter erected or located on said real property; (f) all development rights, governmental or quasi-governmental licenses, permits or approvals, zoning rights and other similar rights or interest which relate to the development, use or operation of, or that benefit or are appurtenant to, said real property; (g) all mineral rights, oil and gas rights, air rights, water or water rights, including without limitation, all wells, canals, ditches and reservoirs of any nature and all rights thereto, appurtenant to or associated with said real property, whether decreed or undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights and other evidences of any such rights; and (h) all interest or estate which Trustor now has or may hereafter acquire in said real property and all additions and accretions thereto, and all awards or payments made for the taking of all or any portion of said real property by eminent domain or any proceeding or purchase in lieu thereof, or any damage to any portion of said real property (collectively, the “Subject Property”).

Also known by street and number as: 7301 North Pagosa Blvd, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 05/09/2013, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 3/14/2013

Last Publication 4/11/2013

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 01/10/2013

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:

Timothy F Brewer, PC 10 Boulder Crescent suite 200, Colorado Springs, CO 80903 (719) 477-0225

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File #

©Public Trustees’ Association of Colorado Revised 9/2012

Published March 14, 21, 28, April 4 and 11, 2013 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.: 2012CV84

Division:

Ctrm:

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

v.

Defendants: CANADIAN CRAFTS, INC.; INDUSTRIAL CINDERS, INC.; RIO GRANDE SAVINGS AND LOAN ASSOC.; MORTGAGE ALLY BANK CORP. F/K/A GMAC BANK;; BETTY A DILLER, as Archuleta County Public Trustee; BETTY A. DILLER, as County Treasurer

Attorneys for Plaintiff:

Orten Cavanagh & Holmes, LLC

Hal R. Kyles, #23891

Christopher C. Hurley, #41699

1445 Market Street, Suite 350

Denver, CO 80202

Phone Number: (720) 221-9780

Matter ID #1019-254

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 as:

Lot 45, Pagosa Trails, according to the plat thereof filed for record September 13, 1971 as Reception No. 74885

Also more commonly known as: 25 Paisley Court Pagosa Springs CO 81147

Dated: February 20, 2013

ORTEN CAVANAGH & HOLMES, LLC

By: /s/Hal R. Kyles

Hal R. Kyles, #23891

Published in Pagosa Sun

First Publication:

Last Publication:

This Summons is issued pursuant to Rule 4(g), Colorado Rules of Civil Procedure. This form should not be used where personal service is desired.

Published March 14, 21, 28, April 4 and 11, 2013 in The Pagosa Springs SUN.

_____________________

DISTRICT COURT , ARCHULETA COUNTY, COLORADO

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

Plaintiff: JOHN M. RITCHEY REVOCABLE TRUST

v.

Defendants: DAVID J. CASEY, and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION.

COURT USE ONLY

David B. Kirkpatrick #36964

960 E. 2nd Ave

Durango, CO 81301

Phone Number: 970-247-0269

FAX Number: 970-247-0277

Case Number: 2013 CV 3

Division Courtroom

SUMMONS BY PUBLICATION

TO THE ABOVE NAMED DEFENDANT: DAVID J. CASEY, and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION. 

THE PEOPLE OF THE STATE OF COLORADO

TO THE ABOVE-NAMED DEFENDANTS:

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

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

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

Dated: 3/6/13

/s/ David B. Kirkpatrick 36964

Attorney for Plaintiff

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

Published March 14, 21, 28, April 4 and 11, 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 February 2013, for Archuleta County.

13CW3 (05CW31) (W-304), Pagosa Area Water and Sanitation District, P.O. Drawer 4610, Pagosa Springs, CO 81157. Evan D. Ela, Esq., Collins Cockrel & Cole, P.C., 390 Union Blvd., Suite 400, Denver, CO 80228, (303) 986-1551. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE ON DECREED CONDITIONAL WATER RIGHTS in ARCHULETA COUNTY. 2. Name of Structure: Martinez Dam. 3. Description of Subject Conditional Water Right: a. Original Decree: 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 in paragraphs 3(b)(2) and (3) 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. 4. 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 ductile iron pipeline extending from the Dutton Ditch headgate on Fourmile 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. 5. 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; and Archuleta County, 449 San Juan Street, Pagosa Springs, CO 81147. 6. Additional remarks: a. 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; b. The storage right associated with Martinez Dam was incorporated into the District Augmentation Plan (decreed in Case No. W-958-72) now operated by the District for water diversions and storage in the Stollsteimer Creek watershed and with diversions imported from the Four Mile Creek watershed via the Dutton Pipeline. The Applicant’s ongoing efforts to increase its storage capacity and water yield within the Stollsteimer Creek watershed by enlargement of Stevens Reservoir is directly related to perfection of the Martinez Dam water storage right by creating additional storage capacity that will allow further exercise of the linked water storage rights. (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 April, 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 March 31, 2013 Original Signature on file

Danene M. Etz, Water Clerk

Published March 14, 2013 in The Pagosa Springs SUN.

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FIRST READING

The first reading of Ordinance No. 787 (Series 2013) was completed at the Pagosa Springs Town Council Meeting held on March 5, 2013 at 5:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 787, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS REVISING SECTIONS 12.3.1 AND 12.3.2 OF THE PAGOSA SPRINGS MUNICIPAL CODE. 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 March 14, 2013 in The Pagosa Springs SUN.

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REQUEST FOR QUOTATION

Sealed bids will be received by the Pagosa Area Water and Sanitation District (District), 100 Lyn Avenue, P.O. Box 4610, Pagosa Springs, Colorado 81147, until 10:00 a.m. on March 28, 2013. Bids received after this time will not be accepted and will be returned unopened. Electronic bids will not be accepted.

At 10:00 a.m. on March 28, 2013 the bid opening shall be held at the District Conference Room at 100 Lyn Avenue, Pagosa Springs, Colorado; 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 or all Bids and to waive irregularities therein, and all Bidders shall agree that such rejection shall be without liability on the part of the District for any damage or claim brought by any Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the District because of such rejections. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these conditions.

The work to be performed generally includes, but may not be limited the following components: The District is seeking a Contractor to perform a Leak Detection Survey using a combination of sounding, pinpointing and pressure testing methods. The project includes all associated materials, equipment and labor required for a complete evaluation of the District’s transmission system.

Copies of the Contact Documents and Insurance Requirements may be obtained by contacting the District’s Project Manager, Gregg Mayo, at P.O. Box 4610, 100 Lyn Ave., Pagosa Springs, CO 81147, phone 970+731-7641, e-mail gregg@pawsd.org.

A 5% bid bond shall be submitted with the bid along with a minimum of six verifiable references. No electronic bids will be accepted.

DISTRICT: Pagosa Area Water and Sanitation District

By: /s/Ed Winton

Manager

Posted in the entryway of the District’s office and on the District’s website 3/5/13

Published March 14, 2013 in the Pagosa Springs SUN

Published March 6, 2013 in the Dodge Reports

Published March 14, 2013 in The Pagosa Springs SUN.

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This story was posted on March 14, 2013.