COMBINED NOTICE – PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2019-001
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On January 10, 2019, 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) Lynn S. Kleiman
Original Beneficiary(ies) Boulder Valley Credit Union
Current Holder of Evidence of Debt Premier Members Credit Union
Date of Deed of Trust December 21, 2007
County of Recording Archuleta
Recording Date of Deed of Trust January 03, 2008
Recording Information (Reception No. and/or Book/Page No.) 20800068
Original Principal Amount $225,000.00
Outstanding Principal Balance $167,745.86
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.
That portion of Lot 12, Block 1, Pagosa In The Pines Annex, according to the plat thereof filed June 4, 1973, as Reception No. 77864, in the office of the Clerk and Recorder, Archuleta County, Colorado, being more particularly described as follows:
Beginning at the Southwest corner of said Lot 12;
Thence South 69°10’23” East, 58.41 feet;
Thence North 55°34’54” West, 62.64 feet;
Thence Southerly along the arc of a curve to the right with a radius of 45.0 feet, a distance of 15.00
feet to the point of beginning.
Lot 13, Block 1, Pagosa In The Pines Annex, according to the plat thereof filed June 4, 1973, as Reception No. 77864, in the office of the Clerk and Recorder, Archuleta County, Colorado.
LESS AND EXCEPT that portion described in deed from Charles Eric Maedgen and Cynthia P. Maedgen to Elmo L. Carmichael and Lela Mae Carmichael recorded April 22, 1983 in Book 198
Page 55, in the office of the Clerk and Recorder, Archuleta County, Colorado.
That part of Lot 14, Block 1, Pagosa In The Pines Annex, according to the plat thereof filed June 4, 1973, as Reception No. 77864, in the office of the Clerk and Recorder, Archuleta County, Colorado, being a 15 foot wide strip of land coincident with the property line between Lot 14 and Lot 13 of said subdivision and being more particularly described as follows:
Beginning at the Northeast corner of said Lot 14;
Thence South 17°08’49” East along the property line between said Lots 14 and 13, a distance of 108.80 feet to the Southeast corner of said Lot 14;
Thence South 75°45’OO” West along the South line of said Lot 14, a distance of 15.02 feet to the Westerly line of said 15 foot wide strip;
Thence North 17°08’49” West parallel with the property line between said Lots 14 and 13, a
distance of 110.61 feet to the Southerly line of Carlee Place being a point on a curve concave to the
North having a radius of 45.00 feet;
Thence Northeasterly along said curve an arc distance of 15.29 feet through a central angle of
19°28’16” (chord bearing North 82°35’18” East) to the point of beginning.
Also known by street and number as: 453 Carlee 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, 05/09/2019, at the Archuleta County Treasurer’s Office 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 3/14/2019
Last Publication 4/11/2019
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;
Elsa P. White, Public Trustee in and for the County of Archuleta, State of Colorado
By: /s/ Elsa P. White, Public Trustee
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Iman Tehrani #44076
Holst, Boettcher & Tehrani, LLP Post Office Box 298, 514 Kimbark Street, Longmont, CO 80502-0298 (303) 772-6666
Attorney File # Kleiman
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.
©Public Trustees’ Association of Colorado Revised 1/2015
Published March 14, 21, 28, April 4 and 11, 2019 in The Pagosa Springs SUN.
District Court, Archuleta County, Colorado
Court Address: 46 Eaton Dr Ste1,
Pagosa Springs, CO 81147
Phone: (970) 264-8160
Mark S. Disbrow
SABADELL BANK, NA; and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION.
Mark S. Disbrow
77 Navajo Cir.
Pagosa Springs, CO 81147
Case Number: 19CV1
SUMMONS BY PUBLICATION
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 this 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 to quiet the title of the Plaintiff in and to the real property situated in Archuleta County, Colorado described as:
Lot 325 in AMENDED ASPEN SPRINGS SUBDIVISION NO.6, according to the amended plat thereof filed for record January 31, 1974 as Reception No. 79307.
(1742 West View Dr.)
Published in The Pagosa Springs Sun
First Publication: March 14, 2019
Last Publication: April 11, 2019
Published March 14, 21, 28, April 4 and 11, 2019 in The Pagosa Springs SUN.
Town of Pagosa Springs
Pagosa Springs, Colorado
PAGOSA SPRINGS NORTH 8TH SRTS
CDOT CONSTRUCTION PROJECT NO. 21504, FHWA NO. SAR M016-033
ADVERTISEMENT FOR BIDS
Sealed Bids for the construction of the PAGOSA SPRINGS NORTH 8TH SRTS/CDOT CONSTRUCTION PROJECT CODE NO. 21504/FHWA NO. SAR M016-033 will be received by the Town of Pagosa Springs, at Pagosa Springs Town Hall, 551 Hot Springs Blvd., Pagosa Springs, Co. 81147, until 2:00pm local time on April 2nd, 2019, at which time the Bids received will be publicly opened and read. The Project consists of new sidewalk along N. 8th Street and Florida St. in Pagosa Springs, CO., as well as associated curb and gutter, curb openings (driveways), curb ramps, street lighting, signage and striping, and new storm sewer system including reinforced concrete pipe (RCP), storm drain inlets, sidewalk drains, and erosion control Grading activities will include cut and fill tie-ins to existing. Utility relocations, by others as part of this project, include existing water, gas, communication and electrical services and meters. Bids will be received for a single prime Contract.
Digital Copies of the CONTRACT DOCUMENTS and Plans may be obtained on or after March 12th, 2019, at the Town Hall located at the address listed above, upon payment of $50.00 for each set. No refund will be made for returned copies.
The Colorado Department of Transportation has determined that the Disadvantaged Business Enterprises (DBEs) goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established at 2.5%. The On-The-Job Training (OJT) goal for the project has also be established at 0%. However, prospective bidders should note that any commitment over the DBE or OJT goal must be achieved and failure to meet the commitment will result in penalties as described in Standard Special Provision “Disadvantaged Business Enterprise (DBE) Requirements”.
CDOT Form 606 – Anti-Collusion Affidavit, CDOT Form 1413 – Bidders List, and CDOT Form 1414 – Anticipated DBE Participation Plan (all included in Appendix A) must be submitted by all bidders with their bids. If these forms are not submitted, the bid is considered non-responsive and shall be rejected. The apparent low bidder must submit the following CDOT forms by 4:30pm on the 5th day after bid opening:
Form 605 – Contractors Performance Capability Statement
Form 621 – Assignment of Antitrust Claims
Please refer to SECTION II, Information to Bidders of the CONTRACT DOCUMENTS for more information on the required Bid Documents.
A pre-bid conference will be held at 1:30pm local time on March 21st, 2019 at the Pagosa Springs Town Hall, 551 Hot Springs Blvd., Pagosa Springs, Co. 81147. Attendance at the pre-bid conference is mandatory. Bidders shall submit questions to the Owner / Engineer during the bidding phase through the Project Tracker Site. Responses to the questions will be provided via an addendum. The last day for questions is close of business (5:00 pm local time) March 26, 2019.
Bid security shall be furnished in accordance with the Instructions to Bidders.
Owner: Town of Pagosa Springs, Colorado
By: Scott Lewandowski
Title: Special Project Manager
Published March 14, 21 and 28, 2019 in The Pagosa Springs SUN.
BOARD OF COUNTY COMMISSIONERS HEARING ON April 2nd
John & Kay Pace of Scottsale, AZ, and Michael & Marlene Green of Oriedo, FL, represented by Davis Engineering, have applied for final plat approval of the Coyote Cove Amendment 2019-01, a replat of Lots 11 & 12, creating Lots 11Z and 12Z, and relocating unused utility easements (PLN19-097). The property is zoned county Residential (R).
Comments 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 Planning@archuletacounty.org prior to the public hearing by the Archuleta County Board of County Commissioners on April 2, 2019, at 6:00 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.
Published March 14 and 21, 2019 in The Pagosa Springs SUN.
DISTRICT COURT, WATER DIVISION 7,
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 February, 2019, for Archuleta County.
19CW3004 APPLICATION TO MAKE ABSOLUTE IN IN PART AND FOR A FINDING OF REASONABLE DILIGENCE, Applicant: Mark W. Young, 4951 Bridle Pit Road, Flower Mound, TX 75022, by Applicant’s attorney Nancy Agro, 700 Main Avenue, Suite K, Durango, CO 81301 (970)422-2024; email@example.com; Name of structures: Camp Snowball Diversions 1,2,3, and 4 and Camp Snowball Pond; Original decrees: Case No. 2012 CW 26 and 2012 CW 27, Court: Division 7; Conditional Water Rights: Camp Snowball Diversion #1: In the SE/4 SE/4 SW/4 Section 30, Township 36 North, Range 1West, NMPM, being 125 feet from the south section line and 989 feet from the west section line of said Section 30. GPS Location: Northing 4132234, Easting 322912, NAD 83, Zone 13 N; Source: Fourmile Creek, tributary of San Juan River (For all water rights); Amount: 0.20 c.f.s., Conditional; Use: Irrigation of 2.13 acres and stock water; Legal description of acreage irrigated: SE/4 of the SW/4 of Section 30, Township 36 North, Range 1 West, NMPM; Camp Snowball Diversion #2: In the NW/4 NE/4 NW/4 Section 31, Township 36 North, Range 1West, NMPM, being 130 feet from the north section line and 1,331 feet from the west section line of said Section 31. GPS Location: Northing 4132153, Easting 323015, NAD 83, Zone 13 N; July 30, 2012; Amount: 0.02 c.f.s., Conditional; Use: stock water (irrigation already made absolute); Camp Snowball Diversion #3: In the NW/4 NE/4 NW/4 Section 31, Township 36 North, Range 1West, NMPM, being 205 feet from the north section line and 1,456 feet from the west section line of said Section 31. GPS Location: Northing 4132129, Easting 323053, NAD 83, Zone 13 N; Date of appropriation: July 30, 2012; Amount: 0.05 c.f.s., Conditional; Use: Irrigation of 0.53 acres and stock water; Legal description of acreage irrigated: NE/4 of the NW/4 of Section 31,Township 36 North, Range 1 West, NMPM; Camp Snowball Diversion #4: In the NW/4 NE/4 NW/4 Section 31, Township 36 North, Range 1 West, NMPM, being 429 feet from the north section line and 1750 feet from the west section line of said Section 31. GPS Location: Northing 4132058, Easting 323142, NAD 83, Zone 13 N; Amount: 0.19 c.f.s Conditional; Use: Irrigation of 1.96 acres and storage in Camp Snowball Pond of up to 1.13 acre feet per year for piscatorial, stock water, and re-filling of Camp Snowball Pond to offset evaporative losses; Legal description of acreage irrigated: Same as Above; Camp Snowball Pond (Storage): Legal description of location of dam: In the NW/4 NE/4 NW/4 Section 31, Township 36 North, Range 1 West, NMPM, being 549 feet from the north section line and 1794 feet from the west section line of said Section 31. GPS Location: Northing 4132021, Easting 323155, NAD 83, Zone 13 N; Source: Unnamed tributary to Fourmile Creek, tributary of San Juan River via Camp Snowball Diversion 4; Amount: 1.0 acre foot, conditional for filling and 1.13 acre feet for re-filling for evaporation; Use: Piscatorial, stock, irrigation of 1.96 acres in conjunction with Camp Snowball Diversion 4 ; Legal description of acreage irrigated: Same as Above. All diversion structures are in place with measurement for all four points of diversion. Irrigation from Diversion Point #1 was commenced in 2018. Livestock on the property have utilized Diversion 2 since 2012. Since 2012, irrigation has occurred from a fixed pump house. Irrigation has occurred at Diversion 4 since 2017. Applicant has expended a total of $29.042.43; All diversion points to be made absolute, Storage right to remain conditional. (6 pages)
19CW3008 Archuleta County, Water District 29: 1) Applicant: Jeff Greer, P.O. Box 718, Pagosa Springs, CO 81147; 2) Attorney: Geoffrey M. Craig, The Craig Law Firm P.C., 813 Main Ave., Suite 206, Durango, CO 81301; 3) Name of Structures: Greer Diversions and Greer Spa Facilities, originally decreed in Case No: 04CW76, and made partially absolute in Case No. 12CW6; 4) Type of Application: Application to Make Absolute, for a Finding of Reasonable Diligence, and for a Change of Water Right; 5) Source and Drainage Basin: Geothermal surface water originating from hot springs under or near the rear of the buildings located at Block 21, Lots 25 and 26, Town of Pagosa, also known as 432 and 426 Pagosa St. (“the Properties”), tributary to the San Juan River; 6) Locations: Diversion point #1: NE1/4 NE1/4 SW1/4 Section 13, T35N, R2W, NMPM, 2049 feet from the south section line and 2398 feet from the west section line of said Section 13; Diversion point #2: SE1/4 NE1/4 SW1/4 Section 13, T35N, R2W, NMPM, 1925 feet from the south section line and 2432 feet from the west section line of said Section 13; Spa facilities are located within the Properties and within 434 Pagosa Street; 7) Decreed Uses: Hot tubs, hydrotherapy and spa facilities; 8) Quantities: 0.067 cfs (30 gpm) absolute for Diversion Point #1, 30 gpm conditional for Diversion Point #2, 0.05 acre-feet absolute and 0.08 acre-feet conditional for Greer Spa Facilities; 9) Appropriation Date: June 13, 1998; 10) Summary of Activities to Develop Conditional Water Rights: During the current diligence period, Applicant acquired the property at 434 Pagosa Street and developed 7 additional hot tubs with a total volume of 900 gallons (0.003 acre-feet) which are used for all decreed purposes. Applicant has performed legal, planning and other work as described in the Application. Applicant has spent considerable funds on these development activities; 11) Change of Water Right: Applicant requests that 434 Pagosa Street be added as a location of use for all water rights decreed in Case No. 04CW76, and subsequently made absolute in Case No. 12CW6 and in this case. The decreed uses, amounts, and points of diversion are not being changed, and the return flows from water used at 434 Pagosa Street will return to the same location as the return flows from the water used at the Properties; 12) Landowners: Structures are located on Applicant’s properties; 13) Additional Information: Applicant requests that the Court enter a decree making the Greer Spa Facilities water rights absolute in the amounts and for the uses described above and in the Application, retaining the remaining conditional rights for an additional six year due diligence period; and approving the change of water right described above and in the Application. See Application for more details. (6 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, 2019, 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: $192.00; Forms are available through the Office of the Water Clerk or on the Judicial web site at www.courts.state.co.us; Danene M. Etz, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301; 970-385-6181)
Published: before March 31, 2019 /s/Danene M. Etz
Danene M. Etz, Water Court Specialist
Published March 14, 2019 in The Pagosa Springs SUN.
PLANNING COMMISSION MEETING ON MARCH 27th
PUBLIC NOTICE IS HEREBY GIVEN pursuant to CRS 30-28-116 that Archuleta County Development Services is proposing amendments to the Archuleta County Land Use Regulations. The proposed changes to Sections 2, 3, 4, 5, 9, and 11 are intended to improve general clarity and references; relax certain setbacks, modernize Subdivision Regulations, clarify Mining application requirements and shift Minor Oil & Gas projects from Administrative to Planning Commission review; and clarify Development Standards, Abbreviations and Definitions. The specific proposed text is available for review at the Archuleta County Planning Department or online at www.archuletacounty.org.
Comments regarding this proposal may be submitted to the Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507 (970) 264-1390 or to Planning@archuletacounty.org prior to the public hearing by the Archuleta County Planning Commission on March 27, 2019, at 6:00 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.
Published March 14, 2019 in The Pagosa Springs SUN.