Public Notices 04/30/2020

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District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P.O. Box 148

Pagosa Springs, CO 81147

Tel. 970.264.2400

Village Pointe Property

Owner’s Association, Inc.

Plaintiff

v. 

JAMES T UMBARGER, et al.

Defendants

Case No.: 2020CV30018

Attorney for Plaintiff:

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901 Tel. 479.242.8814

Email: chris@hjclegal.com Atty. Reg. No.: 51651

SUMMONS BY PUBLICATION

TO THE PEOPLE OF THE STATE OF COLORADO

TO THE FOLLOWING DEFENDANT(S):

JAMES T UMBARGER

PAGOSA TIMESHARE LLC

PHILLIP A THOMPSON

LYNN ROGER YOUNG III

DANIEL GOLDBERG

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 in rem action of judicial foreclosure on your timeshare interest(s) located at Village Pointe Condominium for failure to pay assessments to Village Pointe Property Owner’s Association, Inc. The legal description for your real property is below.

Plaintiff Attorney: Christopher B. Conley, Attorney at Law, Reg. No. 51651, 700 South 21st Street, Fort Smith, AR 72901.

Defendant(s) / Legal Descriptions:

Village Pointe Condominiums PHASE I Matter Amount

Property Owner: JAMES T UMBARGER and GAIL L UMBARGER

Unit Number: 7501

Building Number: 1 

Unit Week Number: 32

Unpaid Asmts: $2,129.68

Interest: $182.60

Late Fees: $50.00

Total: $2,362.28

Property Owner: PAGOSA TIMESHARE LLC

Unit Number: 7507

Building Number: 2 

Unit Week Number: 7

Unpaid Asmts: $2,129.68

Interest: $182.60

Late Fees: $50.00

Total: $2,362.28

Property Owner: PHILLIP A THOMPSON

Unit Number: 7502

Building Number: 1 

Unit Week Number: 50

Unpaid Asmts: $2,129.68

Interest: $182.60

Late Fees: $50.00

Total: $2,362.28

in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado, that property on which is located two (2) two-story buildings containing four units per building, which are designated, respectively, as Building 1, Units 7501, 7502, 7503 and 7504; and Building 2, Units 7505, 7506, 7507, and 7508 as per Plat File No. 331 A-E, Reception No. 0168713, and which are subject to that certain Declaration of Condominium and Interval Ownership dated December 30, 1988, recorded January 6, 1989 at Reception No. 0160495, Book 239, Page 2 and Second Amendment to Declaration of Condominium and Interval Ownership for Village Pointe Condominiums recorded January 16, 1990, at Reception No. 0168714, Book 280, Page 213, with the Office of the County Clerk and Recorder for Archuleta County, Colorado, at such time as the final as-built plat has been recorded.

Together with a vested remainder over in fee simple absolute, as tenant in common with the other owners of all Unit Weeks in the described Units in Village Pointe Condominiums in that percentage interest determined and established by said Declaration for the above described real estate. 

Village Pointe Condominiums PHASE II Matter Amount

Property Owner: LYNN ROGER YOUNG III

Unit Number: 7514

Building Number: 4 

Unit Week Number: 42

Unpaid Asmts: $2,129.68

Interest: $198.18

Late Fees: $50.00

Total: $2,377.86

in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase II recorded in Plat File No. 332-332A-E, under Reception No. 171189 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to the First Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase II recorded May 3, 1990, Reception No. 171190, Book 292, Page 242, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. The property has located upon it two buildings described as Building 3, containing four units designated, respectively, as Units 7509, 7510, 7511 and 7512; and Building 4 contains four units designated, respectively, as Units 7513, 7514, 7515, 7516.

Together with a vested remainder over in fee simple absolute, as tenant in common with the other owners of all Unit Weeks in the described Units in Village Pointe Condominiums in that percentage interest determined and established by said Declaration for the above described real estate. 

Village Pointe Condominiums PHASE III Matter Amount

Property Owner: DANIEL GOLDBERG and ABBY GOLDBERG

Unit Number: 7521

Building Number: 5 

Unit Week Number: 10

Unpaid Asmts: $2,129.68

Interest: $182.60

Late Fees: $50.00

Total: $2,362.28

in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350.

Together with a vested remainder over in fee simple absolute, as tenant in common with the other owners of all Unit Weeks in the described Units in Village Pointe Condominiums in that percentage interest determined and established by said Declaration for the above described real estate. 

Published in the Pagosa Springs Sun

First Publication: April 30, 2020

Last Publication: May 28, 2020

/s/ Christopher B. Conley

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901

Atty. Reg. No.: 51651

Published April 30, May 7, 14, 21 and 28, 2020 in The Pagosa Springs SUN.

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DISTRICT COURT,

ARCHULETA COUNTY, COLORADO

Court Address: 46 Eaton Dr., Suite #1, PO Box 148, Pagosa Springs, CO 81147

Phone Number: 970-264-8160

Attorney for Plaintiffs:

Daniel L. Fiedler, #47916

190 Talisman Dr., Suite D-6

Pagosa Springs, CO 81147

970-507-8528

E-mail: danielfiedler@gmail.com 

Case Number: 2020CV30033

Plaintiffs:

STEPHEN J. AND MARY LOU A. MIRKA

v.

Defendants:

HARRY SWORDS, ARCHULETA COUNTY PUBLIC TRUSTEE and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

SUMMONS (BY PUBLICATION)

PLAINTIFFS STEPHEN J. AND MARY LOU A. MIRKA

TO THE ABOVE NAMED DEFENDANTS AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION

YOU ARE HEREBY SUMMONED and required to appear and defend against the claims of the Complaint to Quiet Title Pursuant to Rule 105 filed with the Archuleta County District 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 service of this summons upon you. Service of this summons shall be complete on the last day of 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 entered 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 situate in Archuleta County, Colorado, more particularly described as follows:

LOT 9 OF BLOCK 14 IN AMENDED ASPEN SPRINGS SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JUNE 15, 1971 AS RECEPTION NO. 74503.

Respectfully submitted this 21st day of April, 2020.

/s/ Daniel L. Fiedler

Daniel L. Fiedler

First Publication: April 30, 2020

Last Publication: May 28, 2020

Published April 30, May 7, 14, 21 and 28, 2020 in The Pagosa Springs SUN.

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REAL PROPERTY PROTEST DEADLINES

(Public Notice)

Name and Address of Contact:

Archuleta County Assessor

PO Box 1089

Pagosa Springs, CO 81147

Telephone Number: 970-264-8310

RELEASE: Required on or before May 1

PUBLIC NOTICE

Colorado law requires the county assessor to hear objections to real property classifications and valuations beginning no later than May 1, 2020. Objections to the valuation or classification of real property must be postmarked, delivered, or presented in person to the county assessor’s office no later than June 1, 2020.

For additional information, contact the county assessor’s office at 970-264-8310.

Published April 30, 2020 in The Pagosa Springs SUN.

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NOTICE OF SPECIAL MUNICIPAL ELECTION

TO WHOM IT MAY CONCERN and particularly to the registered electors of the Town of Pagosa Springs, Colorado:

Pursuant to Section 31-2-210(4), C.R.S., and Section 12.2 of the Town of Pagosa Springs Home Rule Charter of 2003, as amended, public notice is hereby given that the Town of Pagosa Springs, Colorado, at its public meeting on April 23, 2020 approved first reading of Ordinance No. 932 (Series 2020) calling the special election to be held on July 14, 2020 as a mail ballot election, and submitting to the registered electors of the Town of Pagosa Springs the question of adding Section 9.19 to the Home Rule Charter of 2003, as amended. The full text of the proposed Ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Notice is also given that pursuant to the Pagosa Springs Home Rule Charter and the Municipal Election Code, the special municipal election of the Town of Pagosa Springs, Colorado, will be held on Tuesday July 14, 2020 between the hours of 7:00 a.m. and 7:00 p.m. All mail ballots shall be returned to the Election Official’s office, located at the Town Hall, 551 Hot Springs Boulevard, in the Town of Pagosa Springs, Colorado.

Notice is further given that the proposed amendment to Article 9 of the Home Rule Charter of 2003, as amended, adding a new Section 9.19, is as follows:

SECTION 9.19 – TAX INCREMENT FINANCING

“ANY PROPOSAL BY THE TOWN COUNCIL OR BY THE PAGOSA SPRINGS URBAN RENEWAL AUTHORITY TO USE TAX INCREMENT FINANCING (TIF) MUST FIRST BE APPROVED BY THE TOWN ELECTORS WHENEVER THE TOTAL TIF REVENUES ARE EXPECTED TO EXCEED $1 MILLION ($1,000,000) OVER THE LIFE OF THE PROJECT.”

Ballot Title for Ballot Question A. The official ballot for Ballot Question A shall contain the following ballot title, which shall also be the designation and submission clause for the question:

TOWN OF PAGOSA SPRINGS BALLOT QUESTION A:

SHALL THE TOWN OF PAGOSA SPRINGS HOME RULE CHARTER BE AMENDED, AS SET FORTH IN ORDINANCE NO. 932, BY THE ADDITION OF THE FOLLOWING PROVISION: “ANY PROPOSAL BY THE TOWN COUNCIL OR BY THE PAGOSA SPRINGS URBAN RENEWAL AUTHORITY TO USE TAX INCREMENT FINANCING (TIF) MUST FIRST BE APPROVED BY THE TOWN ELECTORS WHENEVER THE TOTAL TIF REVENUES ARE EXPECTED TO EXCEED $1 MILLION ($1,000,000) OVER THE LIFE OF THE PROJECT.”? 

Published in the Pagosa Sun Published on: April 30, 2020

Town of Pagosa Springs

ss/ April Hessman, Town Clerk

Published April 30, 2020 in The Pagosa Springs SUN.

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ARCHULETA COUNTY COMBINED

DISPATCH BOARD

P.O. BOX 1507

PAGOSA SPRINGS, CO 81147

(970) 731-2160

Public Notice Distribution Plan

Pursuant to C.R.S. § 29-11-102(2), within three days or the first available publish date, whichever is sooner, after the Commission issues notice of the application, the Archuleta County Combined Dispatch Board shall publish a legal notice of the application in The Pagosa Sun. The notice shall also be made available for a period of no less than two weeks on the governing body’s website, www.archuletacounty.org, 

PUBLIC NOTICE 911 SURCHARGE INCREASE

NOTICE OF APPLICATION

By the Archuleta County Combined Dispatch Board to increase the surcharge for 911 services to two dollars and twenty-five cents ($2.25)

Notice is hereby given that the Archuleta County Combined Dispatch Board (the “Board”) has applied to the Colorado Public Utilities Commission (“PUC”) on April 22, 2020 in Proceeding No. 20A-0175T, for approval to increase the current 911 surcharge fees affecting all residents for exchanges 731, 264, and 883 with a wired, wireless, VoIP telephone service or services within the identified service area. The Board has requested that the new surcharge become effective upon approval of the PUC and after sixty (60) days’ notice to all service suppliers.

The requested surcharge increase from the current amount of one dollar and twenty-five cents ($1.25) per month to the two dollars and twenty-five cents ($2.25) is necessary to pay for an maintain, as allowed by C.R.C. §§ 29-11-102 and 104, costs associated with the emergency telephone service and emergency notification service for equipment and installation, monthly recurring charges from service providers and basic emergency service providers, and personnel expenses necessarily incurred for the public safety answering point serving exchanges 731, 264, and 883 in Archuleta County or as identified within the service area.

The application filed by the Board with the PUC will be available for inspection by contacting Kati Harr at Archuleta County Combined Dispatch, PO Box 1507, Pagosa Springs, Colorado 81147, telephone (970) 264-8438 and at the Colorado Public Utilities Commission Offices at 1560 Broadway, Suite 250, Denver, Colorado 80202. The application may also be viewed through the PUC’s e-filing site under proceeding number 20A-0175T: https://www.dora.state.co.us/pls/efi/EFI_Search_UI.search

Any person may file written comments or objections concerning the application with the Colorado Public Utilities Commission. The Commission’s email address is dora_PUC_complaints@state.co.us.

The Commission will consider all written comments and objections submitted prior to the evidentiary hearing on the application. Any person who desires to participate as a party in any proceeding before the Commission regarding the filing shall file an intervention in accordance with Rule 1401 of the Commission’s Rules of Practice and Procedure. Written objections may be filed within 60 days of the filing date of the application, and a request for intervention may be filed within 30 days of the filing date of the application. An objection without an intervention shall not be adequate to permit participation as a party.

The Commission may hold a public hearing in addition to an evidentiary hearing on the application and if such a hearing held, members of the public may attend and make statements even if they did not file comments, objections or an intervention. If the application is uncontested and unopposed, the Commission may determine the matter without a hearing and without further notice.

Any person desiring information regarding if and when hearings may be held shall submit a written request to the Commission or shall alternatively contact the External Affairs Section of the Commission at (303) 894-2070 or (800) 456-0858.

Published April 30, 2020 in The Pagosa Springs SUN.

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