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Pagosa Springs
Wednesday, September 28, 2022

Public Notices August 11, 2022

NOTICE TO CREDITORS

Estate of Melvin Bernard Ocker, Jr. aka Melvin Bernard Ocker, aka Mel Ocker, Deceased

Case No. 2022 PR 30044

All persons having claims against the above-named estate are required to present them to the personal representative or to the District Court of Archuleta County, Colorado on or before November 28, 2022, or the claims may be forever barred.

Daniel L. Fiedler, Attorney at Law

190 Talisman Drive, Suite D-6

Pagosa Springs, CO 81147

Published July 28, August 4 and 11, 2022 in The Pagosa Springs SUN.


FOR BOARD OF ADJUSTMENTS HEARING ON September 6, 2022

ERIK FOSS, has requested a FRONT SETBACK VARIANC, on Lot 57 of the Rio Blanco Cabin Sites #1, at 323 Piper Pl, Pagosa Springs, CO (PLN22-102). The property is zoned AGRICULTURAL ESTATE (AE).

Comments regarding this case may be submitted to Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to PFlowers@archuletacounty.org prior to the public hearing by the Archuleta County Board of Adjustments on September 6, 2022, at 1:30 p.m. in the County Commissioners Meeting Room, 398 Lewis Street, Pagosa Springs and via Zoom Link. Public comment will be taken at the meeting in person only.

Published August 11 and 25, 2022 in The Pagosa Springs SUN.


The Town of Pagosa Springs has received a Final Planned Development application, “Pagosa Views” for the 79+/- acre parcel at 500 and 600 W. US Highway 160 for a proposed mixed-use development that includes:

• Up to 675 detached and attached residential dwellings, with up to 10% deed restricted for workforce housing units.

• Cabin Lodging business 

• Amenities including paved walking and bicycle trail system, clubhouse, pickleball facilities, indoor lap pool, splash pad, playground, gazebos, and outdoor theatre. 

• Commuter trail consistent with the adopted Town to Pagosa Lakes Trail Master Plan.

• Local road network consistent with the adopted Access Control Plan.

More information is available at mypagosa.org/proposed-development-projects. 

The Planning Commission will conduct a public hearing/meeting on Tuesday, August 23, 2022, at 5:30 pm to consider a recommendation for the Town Council on the Final PUD application.

The Town Council will then consider the Planning Commission’s recommendation on the Final PUD application at their meeting on September 6, 2022, at 5 pm and final hearing on September 22, 2022, at 5 pm. 

Public Hearings and Meetings will be conducted at 551 Hot Springs Blvd and available for remote attendance via the Zoom meeting platform. To access the meeting agendas and staff reports, click the round Minutes and Agendas tab located along the bottom of the photo on the Town’s website home page at pagosasprings.co.gov. You may also view the application at mypagosa.org/proposed-development-projects. 

For more information, questions and anyone wishing to provide comments, please contact the Town Planning Department at cschultz@pagosasprings.co.gov or at 970-264-4151 x221. Public comments will be accepted at the public hearings/meetings or you may provide written comments 7 days prior to the meeting or public hearing for the respective board’s consideration.

Published August 11, 2022 in The Pagosa Springs SUN.


The Town of Pagosa Springs has received an application for “Final Major Design Review” at 193A Rob Snow Road for the construction of two additional self-storage buildings in two phases, among the seven existing buildings.

The Design Review Board will conduct a public hearing on Tuesday, August 23, 2022, at 5:30 pm to consider the FINAL Major Design Review Application. 

Public Hearings and Meetings will be conducted at 551 Hot Springs Blvd and available for remote attendance via the Zoom meeting platform. To access the meeting agendas and staff reports, click the round Minutes and Agendas tab located along the bottom of the photo on the Town’s website home page at pagosasprings.co.gov. You may also view the application at mypagosa.org/proposed-development-projects. 

We encourage interested parties to contact the Planning Division prior to the public hearing dates, with any questions via phone at 970-264-4151 x221 or email at cschultz@pagosasprings.co.gov. Written comments received 7 days prior to the meeting or public hearing will be forwarded to the Design Review Board for their consideration. Public comments will be accepted at the public hearings/meetings. 

Published August 11, 2022 in The Pagosa Springs SUN.


FOR PLANNING COMMISSION HEARING ON August 24, 2022

COLLEEN DOAN has requested an APPEAL HEARING regarding a VACATION RENTAL PERMIT REVOCATION, on Lot 34A of San Juan River Resort #1, at 78 Tejas Pl, Pagosa Springs, CO (PLN22-076). The property is zoned RESIDENTIAL (R).

Comments regarding this case may be submitted to Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to PFlowers@archuletacounty.org prior to the public hearing by the Archuleta County Planning Commission on August 24, 2022, at 6:00 p.m. in the County Commissioners Meeting Room, 398 Lewis Street, Pagosa Springs and via Zoom Link. Public comment will be taken at the meeting in person or via Zoom.

Published August 11 and 18, 2022 in The Pagosa Springs SUN.


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

Ptarmigan Property Owners Association, Inc. 

Plaintiff

v. 

ANNETRA HEBERT

ERIC CERWONKA

BRITTANY L BORDER

JARRED D BORDER

Defendants

Case No.: 2022CV30006

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST 

AND RIGHTS TO CURE AND REDEEM

SHERIFF SALE 2022-03

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses, recorded on February 18, 1988, Reception No 0153260, as amended and supplemented from time-to-time, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered June 7, 2022, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): 

Annetra Hebert

Eric Cerwonka

Brittany L Border

Jared D Border

Evidence of Debt: Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses, recorded on February 18, 1988, Reception No 0153260, as amended and supplemented from time-to-time, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: Ptarmigan Property Owners Association, Inc. Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs. 

Agent: Christopher B. Conley, Reg. No. 51651, 700 South 21st Street, Ft. Smith, Arkansas 72901

Association Assessments Due to: Ptarmigan Property Owners Association, Inc. 

Debtor(s) & Amount Due: See attached Exhibit “A”

Amount of Judgment: See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

THE PROPERTY TO BE SOLD AND DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN PURSUANT TO THE DECLARATION. 

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable. 

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 11:00 o’clock A.M., on October 5, 2022, Sale Number 2022-03 in the Archuleta County Sheriff’s Office, 85 Harman Park Drive, Pagosa Springs, Colorado, 81147 sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. 

First Publication: August 11, 2022

Last Publication: September 8, 2022

Name of Publication: The Pagosa Springs Sun

NOTICE OF RIGHTS

YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

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. 

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN. 

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. 

The name, address, and business telephone number of each of the attorneys representing the holder of the evidence of debt are as follows:

Christopher B. Conley, Reg. No. 51651, 700 South 21st Street, Ft. Smith, Arkansas 72901

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Archuleta County Sheriff’s Office, 85 Harman Park Drive, Pagosa Springs, Colorado, 81147, 970-264-8434.

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. 

This Sheriff’s Notice of Sale is signed 8 day of July 2022. 

Rich Valdez, Sheriff,

Archuleta County, Colorado

By: /s/ Lorena Medina

Lorena Medina, Office Manager

EXHIBIT “A”

Ptarmigan Townhouses

Matter Amount

ANNETRA HEBERT and ERIC CERWONKA (C#178819082) Unit Weeks Numbers 49, Unit Number 7218, Building Number 9, Phase III

Unpaid Assessments: $6,208.27

Interest: $2,829.82

Late Fees: $175.00

Costs: $684.79

Attorney’s Fees: $1,000.00

Judgment Amount: $10,897.88

BRITTANY L BORDER and JARRED D BORDER (C#178824108) Unit Weeks Numbers 10, Unit Number 7218, Building Number 9, Phase III

Unpaid Assessments: $1,924.46

Interest: $276.00

Late Fees: $50.00

Costs: $684.79

Attorney’s Fees: $1,000.00

Judgment Amount: $3,935.25

In Ptarmigan Townhouses. All as tenants in common with the other owners of all Unit Weeks in the described Units in Ptarmigan Townhouses as depicted on the Plats recorded under Reception Numbers 153256, 156199, 136303, 159241, 179510, subject to the Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded as Reception Number 153557, as has been amended, supplemented, and/or restated, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Published August 11, 18, 25, September 1 and 8, 2022 in The Pagosa Springs SUN.


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 Owners Association, Inc. 

Plaintiff

v. 

Betty Mathison Thomas, et al.

Defendants

Case No.: 2022CV30005

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST 

AND RIGHTS TO CURE AND REDEEM

SHERIFF SALE 2022-02

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Condominium and Interval Ownership for Village Pointe Condominiums, recorded on January 6, 1989 at Reception No. 160495, Book 239, Page 2, as amended and supplemented from time-to-time, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered June 7, 2022, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): 

BETTY MATHISON THOMAS

CHAD ARTHUR CLARK

GEORGE LELAND BURNINGHAM

EMILY M BURNINGHAM

Evidence of Debt: Declaration of Condominium and Interval Ownership for Village Pointe Condominiums, recorded on January 6, 1989 at Reception No. 160495, Book 239, Page 2, as amended and supplemented from time-to-time, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: Village Pointe Property Owners Association, Inc. 

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs. 

Agent: Christopher B. Conley, Reg. No. 51651, 700 South 21st Street, Ft. Smith, Arkansas 72901

Association Assessments Due to: Village Pointe Property Owners Association, Inc. 

Debtor(s) & Amount Due:See attached Exhibit “A”

Amount of Judgment: See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

THE PROPERTY TO BE SOLD AND DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN PURSUANT TO THE DECLARATION. 

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable. 

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10:00 o’clock A.M., on October 5, 2022, Sale Number 2022-02 in the Archuleta County Sheriff’s Office, 85 Harman Park Drive, Pagosa Springs, Colorado, 81147 sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. 

First Publication: August 11, 2022

Last Publication: September 8, 2022

Name of Publication: The Pagosa Springs Sun

NOTICE OF RIGHTS

YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

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. 

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN. 

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS. 

The name, address, and business telephone number of each of the attorneys representing the holder of the evidence of debt are as follows:

Christopher B. Conley, Reg. No. 51651, 700 South 21st Street, Ft. Smith, Arkansas 72901

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Archuleta County Sheriff’s Office, 85 Harman Park Drive, Pagosa Springs, Colorado, 81147, 970-264-8434.

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. 

This Sheriff’s Notice of Sale is signed 8 day of July 2022. 

Rich Valdez, Sheriff,

Archuleta County, Colorado

By: /s/ Lorena Medina

Lorena Medina, Office Manager

EXHIBIT “A”

Village Pointe Condominiums

Matter Amount

BETTY MATHISON THOMAS (C#179002134) Unit Weeks Numbers 5, Unit Number 7517, Building Number 5, Phase III

Unpaid Assessments: $5,260.97

Interest: $2,367.95

Late Fees: $250.00

Attorney’s Fees: $1,000.00

Costs: $408.63

Judgment Amount: $9,287.55

CHAD ARTHUR CLARK (C#179003082) Unit Weeks Numbers 5, Unit Number 7518, Building Number 9, Phase III

Unpaid Assessments: $2,116.32

Interest: $379.81

Late Fees: $100.00

Attorney’s Fees: $1,000.00

Costs: $408.63

Judgment Amount: $4,004.76

GEORGE LELAND BURNINGHAM and EMILY M BURNINGHAM (C#179013834) Unit Weeks Numbers 35, Unit Number 7527, Building Number 6, Phase III

Unpaid Assessments: $2,439.21

Interest: $339.71

Late Fees: $50.00

Attorney’s Fees: $1,000.00

Costs: $408.63

Judgment Amount: $4,237.55

Of Village Pointe Condominiums, all as tenants in common with the other owners of all Unit Weeks in the described Units in Village Pointe Condominiums as depicted on the Plats recorded under Reception Numbers 0168713, 171189 and 176324 according to the Condominium Map as recorded, subject to Declaration of Condominium and Interval Ownership for Village Pointe Condominiums as recorded as Reception Number 1309304 and amendments and supplements thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Published August 11, 18, 25, September 1 and 8, 2022 in The Pagosa Springs SUN.


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