Public Notices 02/18/2016

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DISTRICT COURT, ARCHULETA COUNTY, COLORADO

Address: 449 San Juan St.

P.O. Box 148

Pagosa Springs, CO 81147

Telephone: (970) 264-8160

Plaintiffs:

THEODORE P. CROM and DEBORAH S. CROM

v.

Defendants:

NORMAN L. HANCOCK, MURIEL HANCOCK, and ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT MATTER OF THIS LITIGATION

Attorney for Plaintiff:

Josh W. Mack, #37858

Goldman, Robbins, Nicholson & Mack, P.C.

679 E. 2nd Avenue, Suite C

P.O. Box 2270

Durango, CO 81302

Phone Number: (970) 259-8747

E-mail: mack@grn-law.com

Fax Number: (970) 259-8790

Case Number:

2016CV30006

SUMMONS

THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS, ALL UNKNOWN PERSONS WHO MAY CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS LITIGATION:

You are hereby summoned and required to file with the clerk of this court an answer or other response to the above-captioned action. The relief demanded in this action is a decree quieting title to a parcel of real property situate in Archuleta County, Colorado, described as follows:

Lot 8 of Block 8 in ASPEN SPRINGS SUBDIVISION NO. 3, according to the plat thereof filed for record July 6, 1971 as Reception No. 74567, being an Amendment of the plat of Aspen Springs Ranch Subdivision No. 3, filed on April 9, 1971 as Reception No. 74284.

If service of the summons was made upon you within the State of Colorado, you are required to file your answer or other response within 21 days after such service upon you. If service of the summons and complaint was made upon you outside of the State of Colorado, you are required to file your answer or other response within 35 days after such service upon you. Service of this summons is deemed to have occurred on day of the last publication, which shall be March 17, 2016.

If you fail to file your answer or other response to the complaint in writing within the applicable time period, judgment by default may be entered against you by the court for the relief demanded in the complaint without further notice.

Dated: February 12, 2016.

Goldman, Robbins, Nicholson & Mack, P.C.

/s/ Josh W. Mack

Josh W. Mack, Reg. #: 37858

Post Office Box 2270

Durango, Colorado 81302

(970) 259-8747

Attorney for Plaintiffs

Published February 18, 25, March 3, 10 and 17, 2016 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 the resume of all water right applications filed in the Office of the Water Clerk during the month of January, 2016, for Archuleta County.

16CW3001 Application for a Finding of Reasonable Diligence. Archuleta County. Applicant: W.G. Management,Inc.,P.O.Box 81200, Albuquerque, NM 87198, 505-255-5422, nwhittington@bigbyte.cc. Please direct all correspondence to Amy N. Huff, Colorado Water & Land Law, LLC, 679 E. 2nd Ave., Unit 11 B, Durango, CO, 81301 (970) 403-1770. 1. Structures: A. Springs Resort Overflow, B. Creek Tub Overflow C. Bath House Stream Overflow. 2. Description of conditional water rights: A. Date of original decree: January 27, 2010 Case No. 08CW84 Court: District Court, Water Division No. 7. B. 3. POD. i. Springs Resort Overflow: In the SE ¼ NE ¼ SW ¼, Section 13, T35N, R2W, NMPM, being 1341 feet from the South section line and 2448 feet from the West section line of said Section 13. UTM: Northing 4126218 Easting 321711. ii. Creek Tub Overflow: In the SE ¼ NE ¼ SW ¼, Section 13, T35N, R2W, NMPM, being 1421 feet from the South section line and 2476 feet from the West section line of said Section 13. UTM: Northing 4126242 Easting 321720. iii. Bath House Stream Overflow: In the SE ¼ NE ¼ SW ¼, Section 13, T35N, R2W, NMPM, being 1560 feet from the South section line and 2511 feet from the East section line of said Section 13. UTM: Northing 4126283 Easting 321782. 4. Source: Overflow from the above structures whose sources of geothermal water are the Pagosa Hot Spring, Pagosa Springs Resort’s Springs 2001-2003, and water from the Town of Pagosa Springs Well PS-5. 5. App. Date: December 22, 2008. 6. Amount: A. Springs Resort Overflow: 112 gpm (0.25 cfs) Conditional; B. Creek Tub Overflow: 112 gpm (0.25 cfs) Conditional. C. Bath House Stream Overflow: 112 gpm (0.25 cfs) Conditional. 7. Use: Recreation and commercial uses including heating, soaking and heating ponds, bath houses, mineral baths, swimming pools, heating building in Pagosa Resort Complex, green house use, and laundry facility, and to maintain level of the “Great Spring” and reheating of waste water outflow. 8. Outline of what has been done toward completion of the appropriation and application of water to a beneficial use as conditionally decreed, including expenditures, during the previous diligence period. During this diligence period, Applicant has spent approximately $182,000 on capitalized projects as well as over $175,000 in noncapitalized expenses improving its resort through the development of new tubs and other infrastructure. Applicant has expanded its use of geothermal water from bathing waters to include heating and cooling technologies applied in the Gold LEED Certified building on resort grounds, as well as re-use through ice melt lines beneath pavement and concrete. Applicant intends to place the water rights at issue this Application to beneficial use in the next five to ten years and has tasked its engineer with creating plans for recapturing the overflow water that is the subject of this Application and applying that water to beneficial use within the resort. 9. Names and address of landowners. Applicant owns the land on which the structures at issue in this Application are located. 10. Remarks. 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 March, 2016, 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 February 29, 2016 Original Signature on file

Danene M. Etz, Water Court Specialist

Published February 18, 2016 in The Pagosa Springs SUN.

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Invitation for Bid – Magnesium Chloride Supply and Application: Notice is hereby given that Archuleta County will accept sealed bids for the supply and application of magnesium chloride to various County Roads.

THREE SETS (ONE ORIGINAL AND TWO COMPLETE COPIES OF THE SEALED BID), clearly marked withSupply and Application of Magnesium Chloride,” and the name, address and phone number of the bidder will be received by Larry Walton, Finance Director of Archuleta County, 398 Lewis Street, Pagosa Springs, CO 81147, until 2:00 p.m., Thursday February 25, 2015. Bids must be hand or courier delivered. Bids conveyed by fax, email or regular mail will not be accepted. As soon as practical after the closing time, the bids shall be opened in public and read aloud at the Archuleta County Administration Building, 398 Lewis Street, Pagosa Springs, CO. Bids received after the closing time shall be returned unopened to the bidder.

Bid specifications are available from the Archuleta County Road & Bridge Department, 1122 S. Hwy. 84, P.O. Box 1507, Pagosa Springs, CO 81147. Please refer all questions regarding this bid to Yari Davis, Road and Bridge Engineering Technician at (970) 264-8404; e-mail yarceneaux@archuletacounty.org . Answers to all questions, inquiries, or requests for additional information will be issued in the form of Addenda. The County will not be responsible for the authenticity or correctness of oral interpretations of the contract documents or for information obtained in any other manner than through the media of addenda. Bidders in their bids shall acknowledge receipt of each Addendum, and each Addendum shall be considered a part of the contract documents. Failure to acknowledge receipt of any Addendum issued may invalidate a bid as incomplete. Questions must be received no later than the close of business 7 days prior to the Bid Opening.

The bid shall be awarded by the Board of County Commissioners. It is the Bidders’ responsibility to verify the exact date of the award. Bidders may, but shall not be required to, attend the award of bid. A bid tab shall be forwarded to all Bidders as soon as practicable thereafter.

The Archuleta County Board of County Commissioners reserves the right to reject any and all bids, to waive any informalities and minor irregularities in bids, and to accept the bid deemed, in the opinion of the Board, to be in the best interest of Archuleta County.

Published February 18, 2016 in The Pagosa Springs SUN.

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Legal Notice

As a part of Pagosa Springs Medical Center’s commitment to patient privacy we are providing the following information:

On July 8, 2013 and on September 10, 2013 a terminated employee accessed a scheduling calendar that contained protected health information. The terminated employee may have seen the following categories of information on the scheduling calendar: patient name, date of birth, medical record number, telephone number, doctor’s name and the name of a procedure, test, symptom or medication. The scheduling calendar contained no financial information. There were 554 patients on the calendar. All patients have been notified by registered mail.

Pagosa Springs Medical Center is keenly aware of the importance of patient privacy and we deeply regret that this situation occurred. Since this event in 2013, the medical center has made multiple changes to policies and procedures, provided additional training to our staff and purchased an electronic health record system, that includes a scheduling function, to better protect our patient’s information in the future.

If you have any questions please contact Anita Hooton, Privacy Officer at 970.585.1417 option 1.

Published February 18, 2016 in The Pagosa Springs SUN.

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PUBLIC NOTICE

The Town of Pagosa Springs has received a “Notice of Appeal” from Walmart Real Estate Business Trust, regarding the Town of Pagosa Springs Planning Director’s determination regarding the exterior parking lot lighting being in violation of the Town’s Land Use Development Code regulations.

The Town Council will conduct an Appeals Hearing to consider the facts and testimony as presented by the Town Planning Director and Wal-Mart Real Estate Business Trust regarding the Planning Directors violation determination. The Town Council may, in whole or in part, affirm, reverse, or amend the Planning Director’s determination.

The appeals hearing is currently scheduled for Tuesday, March 1, 2016 at 5pm in Town Hall, located at 551 Hot Springs Blvd. Anyone wishing to receive more information should contact the Town Planning Department at 970-264-4151 x225.

Published February 18, 2016 in The Pagosa Springs SUN.

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PUBLIC NOTICE

The Town of Pagosa Springs has received an application for a front yard setback variance for Lots 15, 16, 17, 18, 19, 27, 28, 29 and 30 in Block 1 of the Townsite of Pagosa Springs, aka; Mesa Heights West, located west of the intersection of North Third Street and Mesa Drive. The subject properties are within the Residential Low density district, R-6. The property owner is requesting a reduction for the required 25 foot front yard setbacks varying in dimensions according to specific lot issues. The Board of Adjustment will hold a public hearing to consider the Variance Application at 5:30 p.m. on Tuesday, March 8, 2016 to be held in Town Hall at 551 Hot Springs Blvd. Anyone wishing to receive more information or to provide written comments should contact the Town Planning Department at 970-264-4151 x225. Public comments will be accepted at the public hearing.

Published February 18, 2016 in The Pagosa Springs SUN.

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BOARD OF COUNTY COMMISSIONERS HEARING ON March 1 

C&J Gravel Products, Inc, of Durango, Colorado, represented by Nathan Barton, Wasteline, Inc., have applied for a Major Sand & Gravel Permit for the proposed Two Rivers Pit, to be located on property owned by the James A. Constant Jr Revocable Trust and Leila B. Constant Revocable Trust; NW¼NE¼, S½NE¼ and NE¼SE¼ of Section 10 and N½SW¼ and S½NW¼ Section 11, T33N R2W NMPM at 12500 County Road 500, Pagosa Springs, CO. C&J Gravel proposes to construct and operate a sand and gravel mining and processing facility on approximately 62.6 acres of the 100 acres of the property east of the San Juan River, in accordance with Colorado Division of Reclamation Permit M-2015-004.

This project will be reviewed according to the Conditional Use Permit procedures in the Archuleta County Land Use Regulations. Comments regarding this proposal may be submitted to the Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to jshepard@archuletacounty.org prior to the public hearing by the Archuleta Board of County Commissioners on March 1, 2016, at 1:30 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.

Published February 18 and 25, 2016 in The Pagosa Springs SUN.

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