Archuleta County District Court
449 San Juan Street
P.O. Box 148
Pagosa Springs, CO 81147
In the Matter of the Determination of Heirs and of Interests in Property, of
Evan Gilbert Austin, a/k/a E.G. Austin, Edith Austin Engler, Antoinette Engler, Harry Engler, William Allison Austin, Margaret Swanemyr Austin, Stanley Eugene Austin, Richard Austin, Eugene Evan Austin, Dennis Kirk Austin, Cleone M. Austin, Duane Keith Austin, Dean Kelly Austin, Lillian L. Austin, Mildred Irene Hiner, Albert Hiner, and Howard Stagelmann, Deceased
COURT USE ONLY
Attorney for Petitioner:
William E. Zimsky
Abadie & Schill, PC
555 Rivergate Lane, Ste B4-180
Durango, CO 81301
Phone Number: 970-385-4401
E-mail: bill@abadieschill.com
FAX Number: 970-385-4901
Atty. Reg. #: 25318
Case Number:
2017 PR 30046
Division Courtroom
NOTICE OF NON-APPEARANCE HEARING
To All Interested Persons:
A hearing on PETITION FOR THE DETERMINATION OF HEIRS AND OF INTERESTS IN PROPERTY pursuant to § 15-12-1301, et seq., C.R.S., will be held at the following date, time and location:
Date: September 5, 2017 Time: 8:00 a.m.
Address: 449 San Juan Street, Pagosa Springs, CO 81147
The names, addresses, and relationship of all interested persons, including Decedent’s spouse, partner in a civil union, children, owners by inheritance, heirs and devisees:
Name Address (or date of death) Relationship
Peggy J. Waddell 16475 Highway 550 Granddaughter of E.G. Austin, Daughter of Edith
Aztec, NM 87401Austin and Harry Engler, devisee of Harry Engler
Linda A. Reed 12600 East Jenan Drive Granddaughter of E.G. Austin, Daughter of Edith
Scottsdale, AZ 85259Austin and Harry Engler, devisee of Harry Engler
Virginia L. Merry 7413 Frank Place NE Granddaughter of E.G. Austin, daughter of Edith
Albuquerque, NM 87109Austin and Harry Engler, devisee of Harry Engler
Helen Klein Austin 1624 Dover Road Devisee of Richard Austin, who was the Grandson
Montrose, CO 81401of E.G. Austin and the son of William Allison
Austin and Margaret Austin, and the heir by
intestate succession to Margaret Austin
Miriam Susan Richard 3728 Davis Dr. Remainderman of Helen Klein Austin,
Morrisville, NC 27560as joint tenant
Patricia Ann Thomas 495 B Green Acres St. Remainderman of Helen Klein Austin,
Clifton, CO 81520as joint tenant
Sandra Lynn Holden 3349 Meadows Parkway Remainderman of Helen Klein Austin,
Montrose, CO 81401as joint tenant
William E. Austin 451 ½ Larry’s Meadow Dr. Remainderman of Helen Klein Austin,
Grand Junction, CO 81504as joint tenant
The Estate of Stanley c/o Mark Austin, Grandson of E.G. Austin, son of William Allison
Eugene Austin, Personal Representative Austin and Margaret Austin,
Deceased 2240 Signal Rock Court heir by intestate succession
Grand Junction, CO 81505to Margaret Austin
Amy Austin 9860 Brentwood Way Heir by intestate succession to Duane Keith Austin,
Apt. # 103who was the Grandson of E.G. Austin and the son
Westminster, CO 80021of Eugene Evan Austin and Cleone M. Austin
Suzanne Hughes 5395 W. 69th Avenue Heir by intestate succession to Kelly Austin, who
Arvada, CO 80003was the Grandson of E.G. Austin and the son of Eugene Evan Austin and Cleone M. Austin
Joyce Spicer 4585 Panorama Drive Granddaughter of E.G. Austin and Lillian Austin,
La Mesa, CA 91941Daughter of Albert Hinder and Mildred Irene Austin, heir by intestate succession to Albert Hiner
William Stagelman P.O. Box 220376 Grandson of Lillian L. Austin, son of Howard
Anchorage, AK 99552Stagelman, heir by testamentary trust
Gail L. S.Murphy P.O. Box 21597 Granddaughter of Lillian L. Austin, daughter of
Albuquerque, NM 87154Howard Stagelman, heir by testamentary trust
Nancy Lango 2973 Wind Chase Court Granddaughter of Lillian L. Austin, daughter Vera
Anchorage, AK 99507McChesney, heir by intestate succession to
Lillian L. Austin
Mildred Munro 49400 SE Marmot Road Granddaughter of Lillian L. Austin, daughter Vera
Sandy, OR 97055McChesney, heir by intestate succession to
Lillian L. Austin
EXOK, Inc. ATTN: Steven A. Muns Lessee of mineral interests
6410 B. North Santa Fe
Oklahoma City, OK 73116
This Petition concerns the descent or succession of the Decedents’ interest in the following property:
Tract 1:
A tract of land in the NE/4NE/4 of Section 32, containing 0.263 acres, more or less, said tract or parcel being 60 feet wide, 30 feet on the northerly side and 30 feet on the southerly side of the centerline of County Road, said centerline being described as follows:
Beginning at a point on the easterly right of way line of State Highway No. 151, from which point the NE corner of Sec. 32, T33N, R5W, N.M.P.M., bears n. 51° 17” E. a distance of 460.2 feet. Thence S. 56° 18’ 12” E. along said centerline of road a distance of 191.1 feet, more or less, to a point on the westerly right of way line of a County Road from which the NE corner of Sec. 32 bears N. 26° 56’ E. a distance of 441.8 feet, with all its appurtenance.
Tract 2:
A tract of land in the NE/4NE/4 of Section 32, containing 7.0 acres, more or less, more particularly described as:
Beginning at a point on the West right of way line of Colorado Highway 151 from which point the SE Corner of said Section 29 bears S. 0° 02’ W. 605.67 feet: thence along said right of way line S. 26° 48’ 48” W. 1789.0 feet; thence N. 63° 16’ W. 578.46 feet to the West line of the NE/4NE/4 of said Section 32; thence along said West line North 274.03 feet to the center line of the Piedra River; thence along said center line N. 78° 47’ E. 293.0 feet; thence N. 33° 25’ E. 1878.59 feet to the East line of said Section 29; thence along said East line S. 0° 02’ W. 561.75 feet to the point of beginning.
Tract 3:
A tract of land in the NE/4NE/4 of Section 32, containing 5.0 acres, more or less, more particularly described as:
Beginning at a point on the West Right of Way line of Colorado Highway 151 from which point the Northeast Corner of said Section Thirty-two (32) bears N 43° 33’ E 948.36 feet thence along said right of way S 26° 48’ 48” W 340.00 feet, thence N 63° 16’ W 578.46 feet to the West line of the NE/4 Section Thirty-two (32), thence along said West line North 274.03 feet to the center line of the Piedra River, thence along said center line N 78° 47’ E 155.0 feet, thence S 63° 16’ E 580.0 feet to the point of beginning.
Tract 4:
A tract of land in the NE/4 of Section 32, containing 23.0 acres, more or less, more particularly described as:
A tract of land in the NE/4 Section 32, Township 33 North, Range 5 West, N.M.P.M., Archuleta County, Colorado, more particularly described as follows, to-wit: BEGINNING at a point on the West Right of Way Line of Colorado Highway #151 from which point the Northeast Corner of said Section 32 bears N. 39°09’ E., 1277.72 feet; thence N. 63°16’ W. 578.46 feet; thence S. 0°02’ W. 218.29 feet; thence N. 89°50’ W. 662.64 feet; thence South 370.0 feet; thence S. 0°55’ E. 674.52 feet; thence N. 89°45’ E., 671.81 feet to the West Right of Way Line of Colorado Highway #151; thence along said Right of Way Line N. 26°48’48” E. 1114.75 feet to the point of beginning.
Tract 5:
That part of the NE/4NE/4 and N/2SE/4NE/4 in Section 32, lying and being South and East of Colorado Highway No. 151 as described in Deed dated October 7, 1966 and recorded December 1, 1966 in Book 116 at Page 428, Archuleta County, Colorado, LESS AND EXCEPT the S/2NE/4SE/4NE/4 of said Section 32 and Tract 2, containing 31.487 acres, more or less.
Tract 6:
A parcel of land in the East Half (E/2) of Section 32, more particularly described as follows:
Beginning at the Southwest corner of the Northwest Quarter of the Northeast Quarter (NW/4NE/4) of said Section 32 and running thence North 370 feet; thence East 660 feet; thence South 370 feet; thence West 660 feet to the point of beginning, containing 5.6 acres, more or less;
Also, the South Half of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter (S/2NE/4SE/4NE/4); the South Half of the Southeast Quarter of the Northeast Quarter (S/2SE/4NE/4); the South Half of the Southwest Quarter of the Northeast Quarter (S/2SW/4NE/4); the Northwest Quarter of the Southwest Quarter of the Northeast Quarter (NW/4SW/4NE/4) of said Section 32, containing 55.0 acres, more or less.
Tract 7:
The N/2SE/4 of Section 32, containing 80.00 acres, more or less.
These undivided mineral interests, together with any other mineral interest in the State of Colorado that may have been owned by Evan Gilbert Austin, a/k/a E. G. Austin, as the time of his death, whether or not set forth above and/or accurately described above.
The Petitioner is seeking an order from the Court vesting the mineral interest described above as follows:
NameInterest
Peggy J. Waddell 2/48
Linda A. Reed2/48
Virginia L. Merry2/48
The Estate of Stanley 3/48
Eugene Austin, Deceased
Helen Klein Austin, Life 3/48
Estate, remainder to: Miriam
Susan Richard, Patricia Ann
Thomas, Sandra Lynn Holden,
and William E. Austin,
as joint tenants
Suzanne E. Hughes3/48
Amy Austin3/48
Mildred Munro4/48
Nancy Lango4/48
Gail L. S. Murphy 4/48
William H. Stagelman4/48
Joyce L. Spicer14/48
All persons interested persons must appear and object to the petition on or before the hearing date and time specified above. All objections to the petition must be filed in writing with the Court and be served on the petitioner, through his attorney, and the filing fee must be paid on or before the hearing date and time specified above.
The hearing will be limited to objections timely filed and served. If no objections are timely filed and served, then the Court may enter a decree with a hearing.
Dated: July 19, 2017
/s/ William E. Zimsky
By: William E. Zimsky, Attorney for Petitioner
Published July 27, August 3, 10 and 17, 2017 in The Pagosa Springs SUN.
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:
CODY W. PACK
701 CATCHPOLE DRIVE
PAGOSA SPRINGS, CO 81147
You and each of you are hereby notified that on the 7th day of November 2013, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
OCK LLC.
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
THE W1/2NE1/4NE1/4NE1/4 OF SECTION 15, TOWNSHIP 34 NORTH RANGE, RANGE 1 WEST, N.M.P.M., ARCHULETA COUNTY, COLORADO.
Account Number: R013975
Schedule Number: 588715100032
Tax Sale Certificate Number: 2013-02871
and said County Treasurer issued a certificate of purchase therefore to OCK 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 2012
That said real estate was taxed or specially assessed in the name(s) of CODY W. PACK for said year 2012.
That said OCK LLC. on the 6th day of July 2017, 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 to OCK LLC.
On the 6th day of December 2017, 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 24th day of July 2017
/s/ Betty A. Diller
Treasurer of Archuleta County, Colorado
Published July 27, August 3 and 10, 2017 in The Pagosa Springs SUN.
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:
DIANE F PACK
701 CATCHPOLE DRIVE
PAGOSA SPRINGS, CO 81147
You and each of you are hereby notified that on the 7th day of November 2013, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
OCK LLC.
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
THE W1/2NW1/4NW1/4SE1/4NE1/4 OF SECTION 15, TOWNSHIP 34 NORTH, RANGE 1 WEST, N.M.P.M., ARCHULETA COUNTY, COLORADO.
Account Number: R013973
Schedule Number: 588715100010
Tax Sale Certificate Number: 2013-02870
and said County Treasurer issued a certificate of purchase therefore to OCK 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 2012
That said real estate was taxed or specially assessed in the name(s) of DIANE F PACK for said year 2012.
That said OCK LLC. on the 6th day of July 2017, 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 to OCK LLC.
On the 6th day of December 2017, 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 24th day of July 2017
/s/ Betty A. Diller
Treasurer of Archuleta County, Colorado
Published July 27, August 3 and 10, 2017 in The Pagosa Springs SUN.
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:
DAVID MYRICK JR.
P O BOX 691425
SAN ANTONIO, TX 78269
JON R . KER
277 BUFFALO RUN
VALLEY MILLS, TX 76689-2646
You and each of you are hereby notified that on the 1st day of November 2012, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
John M Ritchey Revoc Trust
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
A tract of land being in and comprising of a portion of the SW I/4 of Section 28, Township 34 North, Range I West, N.M.P.M., Archuleta County, Colorado, and being more particularly described as follows:
BEGINNING at the Southwest corner of the herein described tract of land, said corner also being the
Southwest corner of Section 28;
Thence North 1° 44’ West, 88.00 feet to the Northwest corner of the herein described tract of land;
“ North 87° 01’ East 105.00 feet to a point;
“ North 68° 42’ 40” East 242.05 feet to a point;
“ North 53° 06’ East, 72.92 feet to a point;
“ North 29° 41’ East, 254.0 feet to a point;
“ North 56° 30’ East, 254.82 feet to a point;
“ North 57° 12’ East, 146.73 feet to a point;
“ North 43° 37’ East, 95.38 feet to a point;
“ North 24° 41’ East, 52.46 feet to a point;
“ North 26° 20’ East, 265.00 feet to a point;
“ North 3° 02’ East, 233.00 feet to a point;
“ North 16° 43’ East, 155.00 feet to a point;
“ South 74° 05’ East, 173.00 feet to the Northeast corner of the herein described tract of land;
“ South 1° 51’ 51” East, 1319.16 feet to the Southeast corner of the herein described tract of land;
“ South 88° 28’ West, 1319.67 feet to the Southwest corner of the herein described tract of land, and the point of beginning.
Account Number: R014310
Schedule Number: 588728300016
Tax Sale Certificate Number: 2012-02511
and said County Treasurer issued a certificate of purchase therefore to OCK 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 2011
That said real estate was taxed or specially assessed in the name(s) of DAVID MYRICK JR. and JON R . KER for said year 2011.
That on the 15th day of March 2017, said John M Ritchey Revoc Trust assigned said certificate of purchase to OCK LLC
That said OCK LLC on the 28th day of June 2017, 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 to OCK LLC
On the 6th day of December 2017, 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 24th day of July 2017
/s/ Betty A. Diller
Treasurer of Archuleta County, Colorado
Published July 27, August 3 and 10, 2017 in The Pagosa Springs SUN.
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:
MEADPROP UNITS LLC
1133 NORTH 18TH STREET
GRAND JUNCTION, CO 81501
You and each of you are hereby notified that on the 15th day of November 2008, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
Archuleta County
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
Lot 32 in LAKEWOOD VILLAGE, according to the plat thereof recorded April 30, 1979 as Reception No. 94867.
Account Number: R010327
Schedule Number: 569919434050
Tax Sale Certificate Number: 2007-00598
and said County Treasurer issued a certificate of purchase therefore to DANIEL E. LOPER & PENELOPE M. THOMAS-LOPER
That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2007
That said real estate was taxed or specially assessed in the name(s) of MEADPROP UNITS LLC for said year 2007.
That on the 16th day of May 2017, said Archuleta County assigned said certificate of purchase to
DANIEL E. LOPER & PENELOPE M. THOMAS-LOPER;
That said DANIEL E. LOPER & PENELOPE M. THOMAS-LOPER on the 28th day of June 2017, 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 to DANIEL E. LOPER & PENELOPE M. THOMAS-LOPER
On the 6th day of December 2017, 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 24th day of July 2017
/s/ Betty A. Diller
Treasurer of Archuleta County, Colorado
Published July 27, August 3 and 10, 2017 in The Pagosa Springs SUN.
INVITATION TO BID
Separate sealed BIDS for the Monument Avenue & Butte Drive Resurfacing Project will be received by Archuleta County, Colorado at the office of Davis Engineering Service, Inc. located at 188 South 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147, until 2:00 P.M. local time on August 10, 2017, and then at said office publicly opened and read aloud.
The Monument Avenue & Butte Drive Resurfacing Project involves approximately 0.5 miles of roadway in Archuleta County. The project will generally maintain the existing horizontal and vertical alignments, primarily consisting of asphalt pulverization, gravel supplementation, reshaping, compacting, and asphalt paving. The work includes, but is not limited to pulverization, excavation, embankment, gravel placement, asphalt paving, drainage structure work, erosion control, pavement marking, traffic sign placement, traffic control, seeding and mulching, and other items typically associated with road construction.
Copies of the CONTRACT DOCUMENTS and PLANS may be obtained on or after July 27, 2017, at the office of Davis Engineering Service, Inc. located at the address mentioned above, upon payment of $80.00 for each set. No refund will be made for returned copies.
A mandatory pre-bid conference and inspection trip for prospective Bidders will be held at the office of Davis Engineering Service, Inc. (phone number (970) 264-5055), located at the address mentioned above, at 2:00 P.M. local time on August 3, 2017.
Date: July 27, 2017
Published July 27 and August 3, 2017 in The Pagosa Springs SUN.
