49.6 F
Pagosa Springs
Wednesday, October 5, 2022

Public Notices September 15, 2022

DISTRICT COURT,

ARCHULETA COUNTY, COLORADO

Court Address: 109 Harman Park Dr, Pagosa Springs, CO 81147

Phone Number: (970) 264-8160

Plaintiff:

LIVE OAKES LAND LLC

v.

Defendants:

NATIONAL RECREATIONAL PROPERTIES OF PAGOSA SPRINGS, LLC; N.R.L.L. EAST, LLC; PAGOSA HOMES AND LAND, LLC AKA PAGOSA HOME AND LAND, LLC; JANELLE WARD; MONICA S. ARCHULETA; BETTY D. BUCK, BETTY D. RENFER AND FRANK A. BUCK; BIG MISTAKE CHRIS MOUNTAIN, LLC; DEBORAH C. RINE; ANNE L. DOUBEK; OATHA B. STEPHENS AND VONDERAU RUTH STEPHENS; TEXTRON FINANCIAL CORPORATION; PAGOSA LAKES PROPERTY OWNERS ASSOCIATION; PAGOSA AREA WATER AND SANITATION DISTRICT; ELSA WHITE in her official capacity as Public Trustee for Archuleta County, Colorado and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION.

Submitting Attorney:

Duke Eggleston, #24965

Eggleston Kosnik LLC

160 E. 12th St., Ste 7

Durango, CO 81301

Phone Number: (970) 403-1580 

E-mail: deggleston@e-klaw.com

Case Number: 2022CV30040

SUMMONS BY PUBLICATION

PLAINTIFF LIVE OAKES LAND LLC

TO THE BELOW NAMED DEFENDANTS: 

NATIONAL RECREATIONAL PROPERTIES OF PAGOSA SPRINGS, LLC, N.R.L.L. EAST, LLC, PAGOSA HOMES AND LAND, LLC AKA PAGOSA HOME AND LAND, LLC, FRANK A. BUCK, DEBORAH C. RINE, OATHA B. STEPHENS AND VONDERAU RUTH STEPHENS, MONICA S. ARCHULETA, JANELLE WARD AND ALL UKNOWN 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 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 action to quiet the title of the Plaintiff in and to the real property situate in Archuleta County, Colorado, more particularly described as follows:

Lots 102, 103, 140, 141, 145, 146, 163, 164, 165, 166, 175, 176, 177, 178, 296, 297, 313, 314, 315, 316, 317, 318, 319, 320, 347, 348, 349, 352, 353, 368, 369, 370, 374, 375, all in CHRIS MOUNTAIN VILLAGE AT PAGOSA UNIT TWO, according to the plat thereof filed for record June 4, 1973 as Reception No. 77868.

Respectfully Submitted this 11th day of August, 2022.

Published in The Pagosa Springs Sun

First Publication: 

Last Publication: 

Eggleston Kosnik LLC

/s/ Duke Eggleston

Duke Eggleston, #24965

160 E. 12th St., Ste 7

Durango, CO 81301

(970) 403-1580

Published August 18, 25, September 1, 8 and 15, 2022 in The Pagosa Springs SUN.


DISTRICT COURT,

ARCHULETA COUNTY, COLORADO

Court Address: 109 Harman Park Dr, Pagosa Springs, CO 81147

Phone Number: (970) 264-8160

Plaintiffs:

JEFFREY C. RAINS and ARTIS A. HARRISON-RAINS

v.

Defendants:

MEADPROP UNITS, A LIMITED LIABILITY COMPANY; MORGAN W. THOMPSON; PAGOSA AREA WATER AND SANITATION DISTRICT; and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION.

Submitting Attorney:

Duke Eggleston, #24965

Eggleston Kosnik LLC

160 E. 12th St., Ste 7

Durango, CO 81301

Phone Number: (970) 403-1580 

E-mail: deggleston@e-klaw.com

Case Number: 2022CV30054

SUMMONS BY PUBLICATION

PLAINTIFFS JEFFREY C. RAINS and ARTIS A. HARRISON-RAINS

TO THE BELOW NAMED DEFENDANTS: 

MEADPROP UNITS, A LIMITED LIABILITY COMPANY, MORGAN W. THOMPSON AND ALL UKNOWN 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 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 action to quiet the title of the Plaintiff in and to the real property situate in Archuleta County, Colorado, more particularly described as follows:

Lots 80 and 81 in Lakewood Village, according to the plat thereof recorded April 30, 1979 as Reception No. 94867.

Lot 521 in Pagosa Vista, according to the plat thereof recorded September 13, 1971 as Reception No. 74884.

Respectfully Submitted this 17th day of August, 2022.

Published in The Pagosa Springs Sun

First Publication: August 25, 2022

Last Publication: September 22, 2022

Eggleston Kosnik LLC

/s/ Duke Eggleston

Duke Eggleston, #24965

160 E. 12th St., Ste 7

Durango, CO 81301

(970) 403-1580

Published August 25, September 1, 8, 15 and 22, 2022 in The Pagosa Springs SUN.


DISTRICT COURT, ARCHULETA COUNTY, COLORADO

PO Box 148

Pagosa Springs CO 81147

(970) 264-8160

Plaintiff(s):

OCK LLC, a Colorado limited liability company

Defendant(s):

DELDEV, INC.; and all unknown persons who claim any interest in the subject matter of this action,

Attorney for Plaintiff:

THE KLUG LAW FIRM, LLC

Noah Klug, Atty. Reg. #39163

PO Box 6683

Breckenridge CO 80424-6683

Phone: (970) 468-4953

Case Number: 2022CV030041

SUMMONS BY PUBLICATION

THE PEOPLE OF THE STATE OF COLORADO

TO THE ABOVE-NAMED DEFENDANTS

You are hereby summoned and required to appear and defend against the claims of the Complaint filed 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 the 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 involving real property located in the County of Archuleta, State of Colorado, described as follows:

LOTS 472, 473, 474, 475, 476 and 477 in PAGOSA TRAILS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD SEPTEMBER 13, 1971 AS RECEPTION NO. 74885.

Also known as: Schedule Number: 569524404040 and Account Number R004227, together with all its appurtenances.

Date: August 15, 2022

Published in The Pagosa Springs Sun.

First Publication: August 25, 2022

Last Publication: September 22, 2022

Original Signature on file

THE KLUG LAW FIRM LLC

Noah Klug

Attorney for Plaintiff

Published August 25, September 1, 8, 15 and 22, 2022 in The Pagosa Springs SUN.


NOTICE OF PURCHASE OF PROPERTY 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:

DELDEV INC

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 property situate in the County of Archuleta, State of Colorado, to-wit:

Situs Address:43 ROOSEVELT DR

Legal:Subdivision: PAGOSA TRAILS Lot: 141-142 PT Sec: 25 Twn: 35 Rng: 2.5W

Account Number: R004280

Schedule Number: 569525101010

Tax Sale Certificate Number: 200700523

and said County Treasurer issued a certificate of purchase therefore to Archuleta County

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2007

That said real estate was taxed or specially assessed in the name(s) of DELDEV INC for said year 2007.

That said ARCHULETA COUNTY on the 1st day of August 2022, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to ARCHULETA COUNTY

On the 11th day of January 2023, 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 5th day of August 2022

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published September 1, 8 and 15, 2022 in The Pagosa Springs SUN.


NOTICE OF PURCHASE OF PROPERTY 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:

DELDEV INC

1133 NORTH 18TH STREET

GRAND JUNCTION, CO 81501

You and each of you are hereby notified that on the 5th day of November 2009, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

Archuleta County

the following described property situate in the County of Archuleta, State of Colorado, to-wit:

Situs Address:21 CIBOLA CT

Legal:Subdivision: PAGOSA TRAILS Lot: 177 PT Sec: 25 Twn: 35 Rng: 2.5W

Account Number: R004294

Schedule Number: 569525102023

Tax Sale Certificate Number: 2009-00847

and said County Treasurer issued a certificate of purchase therefore to Archuleta County

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2015

That said real estate was taxed or specially assessed in the name(s) of DELDEV INC for said year 2015.

That said ARCHULETA COUNTY on the 1st day of August 2022, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to ARCHULETA COUNTY

On the 11th day of January 2023, 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 5th day of August 2022

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published September 1, 8 and 15, 2022 in The Pagosa Springs SUN.


NOTICE OF PURCHASE OF PROPERTY 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:

DELDEV INC

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 property situate in the County of Archuleta, State of Colorado, to-wit:

Situs Address: 518 TRAILS BLVD

Legal:Subdivision: PAGOSA TRAILS Lot: 166-167 PT Sec: 19 Twn: 35 Rng: 2W

Account Number: R010034

Schedule Number: 569919342007

Tax Sale Certificate Number: 200700584

and said County Treasurer issued a certificate of purchase therefore to Archuleta County

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2014

That said real estate was taxed or specially assessed in the name(s) of DELDEV INC for said year 2014.

That said ARCHULETA COUNTY on the 1st day of August 2022, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to ARCHULETA COUNTY

On the 11th day of January 2023, 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 5th day of August 2022

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published September 1, 8 and 15, 2022 in The Pagosa Springs SUN.


NOTICE OF PURCHASE OF PROPERTY 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:

DELDEV INC

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 property situate in the County of Archuleta, State of Colorado, to-wit:

Situs Address: 22 LASSEN DR

Legal: Subdivision: PAGOSA TRAILS Lot: 164-165 PT Sec: 19 Twn: 35 Rng: 2W

Account Number: R010040

Schedule Number: 569919343005

Tax Sale Certificate Number: 2007-00587

and said County Treasurer issued a certificate of purchase therefore to Archuleta County

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2016

That said real estate was taxed or specially assessed in the name(s) of DELDEV INC for said year 2016.

That said ARCHULETA COUNTY on the 1st day of August 2022, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to ARCHULETA COUNTY

On the 11th day of January 2023, 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 5th day of August 2022

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published September 1, 8 and 15, 2022 in The Pagosa Springs SUN.


NOTICE OF PURCHASE OF PROPERTY 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:

PAGLAND INVESTORS

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 property situate in the County of Archuleta, State of Colorado, to-wit:

Situs Address: 21 RANGER PARK DR

Legal:Subdivision: PAGOSA TRAILS Lot: 113-114 PT Sec: 19 Twn: 35 Rng: 2W

Account Number: R010041

Schedule Number: 569919343006

Tax Sale Certificate Number: 2007-00588

and said County Treasurer issued a certificate of purchase therefore to Archuleta County

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2007

That said real estate was taxed or specially assessed in the name(s) of PAGLAND INVESTORS for said year 2007.

That said ARCHULETA COUNTY on the 1st day of August 2022, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to ARCHULETA COUNTY

On the 11th day of January 2023, 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 5th day of August 2022

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published September 1, 8 and 15, 2022 in The Pagosa Springs SUN.


NOTICE OF PURCHASE OF PROPERTY 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:

ECURM LLC

ONE MACHLY

IRVINE, CA 92618

You and each of you are hereby notified that on the 5th day of November 2009, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

Archuleta County

the following described property situate in the County of Archuleta, State of Colorado, to-wit:

Situs Address: 166 RANGER PARK DR

Legal: Subdivision: PAGOSA TRAILS Lot: 103 PT

Account Number: R012445

Schedule Number: 569930203019

Tax Sale Certificate Number: 2009-00989

and said County Treasurer issued a certificate of purchase therefore to Archuleta County

That said tax lien sale was made to satisfy the delinquent property(and special assessment) taxes assessed against said property for the year 2008

That said real estate was taxed or specially assessed in the name(s) of ECURM LLC for said year 2008.

That said ARCHULETA COUNTY on the 1st day of August 2022, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said property;

That a Treasurer’s Deed will be issued for said property to ARCHULETA COUNTY

On the 11th day of January 2023, 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 5th day of August 2022

/s/ Elsa P White

Elsa P White, Treasurer of Archuleta County, Colorado

Published September 1, 8 and 15, 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

Peregrine Property Owners Association, Inc. 

Plaintiff

v. 

David J Ohlendorf, et al

Defendants

Case No.: 2022CV30009

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST 

AND RIGHTS TO CURE AND REDEEM

SHERIFF SALE 2022-05

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Protective Covenants and Internal Ownership for Peregrine Townhouses, recorded on August 2, 1990, at Book 303, Page 104, 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 27, 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): 

DAVID J OHLENDORF

GUADOLUPE GARCIA

MARY ANN GARCIA

THEODORE R CRAWFORD, TRUSTEE OF THE 

CRAWFORD FAMILY REVOCABLE TRUST 

DATED MARCH 13, 2008

DOROTHY M CRAWFORD, TRUSTEE OF THE 

CRAWFORD FAMILY REVOCABLE TRUST 

DATED MARCH 13, 2008

TANYA Y SHAFFER

DEMITRIUS Z TURNER

ALLEN B CURTIS

MARYBETH CURTIS

MARLYNN GERLOFF

ELDEAN D GERLOFF

ERNEST W YAEGER JR, TRUSTEE AND 

SUCCESSORS IN TRUST OF THE ERNEST W 

YAEGER JR REVOCABLE LIVING TRUST 

DATED MAY 18, 2006

DERESA ADDINGTON

CASEY BITNER

MARGARET M GRAY

CAROLYN M JOHNSON

TERRANCE D CRIST

MARY JO CRIST

DARRELL LAMBERT

HELEN L LAMBERT

DEAN E BORDER

BRITTANY L BORDER

TOMMY E HARBERT

MIKALA HARBERT

HARLEY DRAKE

BILLIE DRAKE

ELIZABETH A HOMMEL

RACHEL E GRAY

Evidence of Debt: Declaration of Protective Covenants and Internal Ownership for Peregrine Townhouses, recorded on August 2, 1990, at Book 303, Page 104, 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: Peregrine 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: Peregrine 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

1THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 11:00 o’clock A.M., on October 26, 2022, Sale Number 2022-05 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: September 1, 2022

Last Publication: September 29, 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 this 2nd day of August, 2022.

Rich Valdez, Sheriff,

Archuleta County, Colorado

By: /s/ Lorena Medina

Lorena Medina, Office Manager

EXHIBIT “A”

Peregrine Townhouses

Matter Amount

DAVID J OHLENDORF (C#170903157) A 154,000 / 35,486,000 undivided fee simple absolute interest in Unit Numbers 7807, 7808, 7809, and 7810 in Building Number(s) 4 and 5,

Unpaid Assessments: $1,258.14

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,517.21

GUADOLUPE GARCIA and MARY ANN GARCIA (C#179607908) A 105,000 / 35,486,000 undivided fee simple absolute interest in Unit Numbers 7807-7810 in Building Number(s) 4 and 5,

Unpaid Assessments: $723.20

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $1,982.27

THEODORE R CRAWFORD and DOROTHY M CRAWFORD, TRUSTEES OF THE CRAWFORD FAMILY REVOCABLE TRUST DATED MARCH 13, 2008 (C#179704127) A 94,500 / 35,486,000 undivided fee simple absolute interest in Unit Numbers 7813-7816 in Building Number(s) 7 and 8,

Unpaid Assessments: $898.10

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,157.17

TANYA Y SHAFFER and DEMITRIUS Z TURNER (C#179704945) A 105,000 / 35,486,000 undivided fee simple absolute interest in Unit Numbers 7813-7816 in Building Number(s) 7 and 8,

Unpaid Assessments: $857.76

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,116.83

ALLEN B CURTIS and MARYBETH CURTIS (C#179705256) A 84,000 / 35,486,000 undivided fee simple absolute interest in Unit Numbers 7813-7816 in Building Number(s) 7 and 8,

Unpaid Assessments: $1,027.74

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,286.81

MARLYNN GERLOFF and ELDEAN D GERLOFF (C#179708441) A 105,000 / 35,486,000 undivided fee simple absolute interest in Unit Numbers 7817-7820 in Building Number(s) 9 and 10,

Unpaid Assessments: $723.20

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $1,982.27

ERNEST W YAEGER JR, TRUSTEE AND SUCCESSORS IN TRUST OF THE ERNEST W YAEGER JR REVOCABLE LIVING TRUST DATED MAY 18, 2006 (C#179803002) A 500,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7825-7826 in Building Number(s) 13,

Unpaid Assessments: $20,815.03

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $22,074.10

DERESA ADDINGTON and CASEY BITNER (C#179811989) A 77,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7835-7836 in Building Number(s) 18,

Unpaid Assessments: $908.78

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,167.85

MARGARET M GRAY (C#170709794) A 126,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7839-7840 in Building Number(s) 20,

Unpaid Assessments: $1,110.10

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,369.17

CAROLYN M JOHNSON (C#130002330) A 105,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7847-7848 in Building Number(s) 24,

Unpaid Assessments: $992.32

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,251.39

TERRANCE D CRIST AND MARY JO CRIST (C#170805337) A 297,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7847-7848 in Building Number(s) 24,

Unpaid Assessments: $2,807.04 

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $4,066.11

DARRELL LAMBERT AND HELEN L LAMBERT (C#179905369) A 126,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7847-7848 in Building Number(s) 24,

Unpaid Assessments: $1,029.36

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,288.43

DEAN E BORDER and BRITTANY L BORDER (C#430002345) A 88,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7867-7868 in Building Number(s) 34,

Unpaid Assessments: $662.50 

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $1,921.57

TOMMY E HARBERT and MIKALA HARBERT (C#170008718) A 308,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7877-7878 in Building Number(s) 39,

Unpaid Assessments: $2,516.31

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $3,775.38

HARLEY DRAKE and BILLIE DRAKE and ELIZABETH A HOMMEL (C#170009203) A 105,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7879-7880 in Building Number(s) 40,

Unpaid Assessments: $952.20

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,211.27

RACHEL E GRAY (C#170709786) A 126,000 / 17,743,000 undivided fee simple absolute interest in Unit Numbers 7885-7886 in Building Number(s) 43,

Unpaid Assessments: $1,110.10

Costs: $259.07

Attorney’s Fees: $1,000.00

Judgment Amount: $2,369.17

In Peregrine Townhouses. All as tenants in common with the other undivided interest owners of said buildings as depicted on the Plats recorded in Reception Numbers 173553-173555, 98002629, 99006555, 99011974, 20005495, 20010666, and subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded as Reception Number 173556, 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 September 1, 8, 15, 22 and 29, 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

Teal Landing Vacation Owners Association, Inc.

Plaintiff

v. 

Andreas H K Haun, et al.  

Defendants

Case No.: 2022CV30008

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST 

AND RIGHTS TO CURE AND REDEEM

SHERIFF SALE 2022-04

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Condominium for Teal Landing Condominium, recorded on August 10, 2000, Reception Number 20007580, 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 27, 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): 

ANDREA H K HAUN

ANDREW JAMES

UARDA JAMES

JAMES GROSS

KAREN GROSS

ALLEN L RIGGS

DARLENE RIGGS

MELISSA K KENYON

MICHAEL S KENYON

ERNEST W YEAGER JR, TRUSTEE AND 

SUCCESSORS IN TRUST OF THE ERNEST 

W YEAGER JE REVOCABLE LIVING 

TRUST DATED MAY 18, 2006

JERRY NICHOLAS

VIRGINIA NICHOLAS

NEDRA CAROLE SEARS, TRUSTEE OF THE 

SEARS FAMLIY REVOCABLE LIVING 

TRUST DATED AUGUST 15, 2019

GEORGIA LOU ANDERSON

BRYAN NEIL ANDERSON

MARY W KOEPP

GLENN E EDWARDS

DAVID E TURNER

KIMBERLY D TURNER

GERRIT H BROUWER, TRUSTEE OF THE 

BROUWER FAMILY TRUST AGREEMENT, 

DATED AUGUST 5, 1998

JOAN M BROUWER, TRUSTEE OF THE 

BROUWER FAMILY TRUST AGREEMENT, 

DATED AUGUST 5, 1998

STOKNES FAMILY TRUST DATED SEPTEMBER 1, 2004

Evidence of Debt: Declaration of Condominium for Teal Landing Condominium, recorded on August 10, 2000, Reception Number 20007580, 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: Teal Landing Vacation 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: Teal Landing Vacation 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 26, 2022, Sale Number 2022-04 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: September 1, 2022

Last Publication: September 29, 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 Sheriff’s Department for Archuleta County, Civil Division, 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 this 2nd day of August 2022. 

Rich Valdez, Sheriff,

Archuleta County, Colorado

By: /s/ Lorena Medina

Lorena Medina, Office Manager

EXHIBIT “A”

Teal Landing Condominiums

Matter Amount

ANDREAS H K HAUN (C#170106900) A 166,000 / 60,310,500 undivided fee simple absolute interest in Unit Numbers 1111, 1112, 1113, 1114, 1115, 1116, 1121, 1124, 1125 and 1126 in Building Number(s) 11,

Unpaid Assessments: $1,118.68

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $2,396.26

ANDREW JAMES and UARDA JAMES (C#170108211) A 77,000 / 60,310,500 undivided fee simple absolute interest in Unit Numbers 1111, 1112, 1113, 1114, 1115, 1116, 1121, 1124, 1125 and 1126 in Building Number(s) 11,

Unpaid Assessments: $923.04

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $2,200.62

JAMES GROSS and KAREN GROSS (C#170109615) A 77,000 / 60,310,500 undivided fee simple absolute interest in Unit Numbers 1111, 1112, 1113, 1114, 1115, 1116, 1121, 1124, 1125 and 1126 in Building Number(s) 11,

Unpaid Assessments: $788.31

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $2,065.89

ALLEN L RIGGS AND DARLENE RIGGS AND MELISSA K KENYON AND MICHAEL S KENYON (C#170116503) A 63,000 / 60,310,500 undivided fee simple absolute interest in Unit Numbers 1211, 1212, 1213, 1214, 1215, 1216, 1221, 1224, 1225 and 1226 in Building Number(s) 12,

Unpaid Assessments: $826.02

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $2,103.60

ERNEST W YAEGER JR, TRUSTEE AND SUCESSORS IN TRUST OF THE ERNEST W YAEGER JR REVOCABLE LIVING TRUST DATED MAY 18, 2006 (C#170201818) A 154,000 / 63,185,500 undivided fee simple absolute interest in Unit Numbers 1311, 1312, 1313, 1314, 1315, 1316, 1321, 1322, 1323, 1325, and 1326 in Building Number(s) 13,

Unpaid Assessments: $5,876.66

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $7,154.24

JERRY NICHOLAS AND VIRGINIA NICHOLAS (C#170210371) A 210,000 / 63,185,500 undivided fee simple absolute interest in Unit Numbers 1411, 1412, 1413, 1414, 1415, 1416, 1421, 1422, 1423, 1424, 1425 and 1426 in Building Number(s) 14,

Unpaid Assessments: $1,292.68

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $2,570.26

NEDRA CAROLE SEARS, TRUSTEE OF THE SEARS FAMILY REVOCABLE TRUST, DATED AUGUST 15, 2019 (C#170211262) A 63,000 / 63,185,500 undivided fee simple absolute interest in Unit Numbers 1411, 1412, 1413, 1414, 1415, 1416, 1421, 1422, 1423, 1424, 1425 and 1426 in Building Number(s) 14,

Unpaid Assessments: $826.02

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $2,103.60

GEORGIA LOU ANDERSON and BRYAN NEIL ANDERSON (C#171407836) A 206,500 / 63,185,500 undivided fee simple absolute interest in Unit Numbers 1411, 1412, 1413, 1414, 1415, 1416, 1421, 1422, 1423, 1424, 1425 and 1426 in Building Number(s) 14,

Unpaid Assessments: $1,322.43

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $2,600.01

MARY W KOEPP and GLENN W EDWARDS (C#170411029) A 63,000 / 63,185,500 undivided fee simple absolute interest in Unit Numbers 1511, 1512, 1513, 1514, 1515, 1516, 1521, 1522, 1523, 1525 and 1526 in Building Number(s) 15,

Unpaid Assessments: $681.75

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $1,959.33

DAVID W TURNER and KIMBERLY D TURNER (C#170304927) A 84,000 / 62,896,000 undivided fee simple absolute interest in Unit Numbers 1611, 1612, 1613, 1614, 1615, 1616, 1621, 1622, 1623, 1624, 1625 and 1626 in Building Number(s) 16,

Unpaid Assessments: $958.09

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $2,235.67

GERRIT H BROUWER AND JOAN M BROUWER, TRUSTEES OF THE BROUWER FAMILY TRUST AGREEMENT, DATED AUGUST 5, 1998 (C#170305171) A 252,000 / 62,896,000 undivided fee simple absolute interest in Unit Numbers 1611, 1612, 1613, 1614, 1615, 1616, 1621, 1622, 1623, 1624, 1625 and 1626 in Building Number(s) 16,

Unpaid Assessments: $9,616.74

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $10,894.32

STOKNES FAMILY TRUST DATED SEPTEMBER 1, 2004 (C#170309447) A 84,000 / 62,896,000 undivided fee simple absolute interest in Unit Numbers 1711, 1712, 1713, 1714, 1715, 1716, 1721, 1722, 1723, 1724, 1725, and 1726 in Building Number(s) 17,

Unpaid Assessments: $615.09

Costs: $277.58

Attorney’s Fees: $1,000.00

Judgment Amount: $1,892.67

In Teal Landing Condominium. All as tenants in common with the other undivided interest owners of said building as depicted on the Plat recorded in Reception Numbers 20102922, 20105650, 20106879, 20203146, 20204764, 20304272, 20209496, and subject to Declaration of Condominium for Teal Landing Condominium recorded at Reception Number 20007580, and all subsequent supplemental Plats or Declaration thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Published September 1, 8, 15, 22 and 29, 2022 in The Pagosa Springs SUN.


COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE SALE NO. 2022-005

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 6, 2022, 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) LINDSAY NICOLE TIPPIN AND MATTHEW CARY TIPPIN

Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS NOMINEE FOR SIRVA MORTGAGE, INC.

Current Holder of Evidence of Debt CITIMORTGAGE, INC.

Date of Deed of Trust May 23, 2019

County of Recording Archuleta

Recording Date of Deed of Trust May 23, 2019

Recording Information (Reception No. and/or Book/Page No.) 21902922 

Re-Recording Information (Reception No. and/or Book/Page No.) 21903737 

Re-Recording Date of Deed of Trust July 08, 2019

Original Principal Amount $240,000.00

Outstanding Principal Balance $237,485.50

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.

PLEASE SEE ATTACHED LEGAL DESCRIPTION.

LEGAL DESCRIPTION

HOUSE TRACT:

A PARCEL OF LAND LOCATED IN SECTION 30, TOWNSHIP 34 UTE NORTH (SOUTH OF THE UTE LINE), RANGE 4 WEST OF THE NEW MEXICO PRINCIPAL MERIDIAN,COUNTY OF ARCHULETA, STATE OF COLORADO AND BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NEl/4 SWl/4), A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NWl/4 SEl/4), AND A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SWl/4 NEl/4), OF SAID SECTION 30, ACCORDING TO A DEED THEREOF, FILED FOR RECORD MARCH 15, 2017 AS RECEPTION NUMBER 21701401,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTER NORTH 1/16 CORNER OF SAID SECTION 30 THENCE N89”55’01” E ALONG THE SOUTHERLY LINE OF CHIMNEY ROCK NATIONAL MONUMENT A DISTANCE OF 1218.16 FEET; THENCE LEAVING THE SAID SOUTHERLY LINE S43”01’27” W,A DISTANCE OF 981.97 FEET;

THENCE S23”48’29” W,A DISTANCE OF 542.07 FEET; THENCE Sl6°39’08” E, A DISTANCE OF 600.29 FEET;

THENCE S23”46’54” W,A DISTANCE OF 355.52 FEET; TO THE NORTHERLY RIGHT OF WAY OF COLORADO STATE HIGHWAY 151;

THENCE ALONG THE SAID NORTHERLY RIGHT OF WAY, THE FOLLOWING THREE C OURSES;

1) ALONG THE ARC OF A CURVE TO THE RIGHT 216.30 FEET, WHOSE RADIUSIS 1839.90 FEET AND A DELTA ANGLE OF 06°44’09” TO THE POINT OF CURVATURE;

2) N65”05’25” W A DISTANCE OF 295.70 FEET; 3) N59”44’49” W,A DISTANCE OF 1158.44 FEET;

THENCE ALONG THE SOUTHERLY LINE OF CHIMNEY ROCK NATIONAL MONUMENT S89”44’33” E, A DISTANCE OF 1093.27 FEET TO THE CENTER % OF SAID SECTION 30;

THENCE N00°48’19” E ALONG THE SOUTHERLY LINE OF CHIMNEY ROCK NATIONAL MONUMENT, A DISTANCE OF 1329.99 FEET TO THE POINT OF BEGINNING.

Also known by street and number as: 5671 HIGHWAY 151, 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, 11/03/2022, 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 9/8/2022

Last Publication 10/6/2022

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;

DATE: 07/06/2022

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:

Anna Johnston, Esq. #51978

Barrett Frappier Weisserman, LLP 1391 Speer Boulevard, Suite 700, Denver, CO 80204 (303) 350-3711

Attorney File # 9530502

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 September 8, 15, 22, 29 and October 6, 2022 in The Pagosa Springs SUN.


NOTICE TO CREDITORS

Estate of Trapper Hap Ewing AKA Trapper H. Ewing AKA Trapper Ewing, Deceased

Case No. 2022PR030051

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 January 8, 2023, or the claims may be forever barred.

Debra L. Ewing, Personal Representative

c/o CHAYET & DANZO, LLC

650 S. Cherry St., #710

Denver, CO 80246

(303) 355-8500

Published September 8, 15 and 22, 2022 in The Pagosa Springs SUN.


LEGAL NOTICE

NOTICE OF FINAL SETTLEMENT

Notice is hereby given that Final Payment of the AIA Contract dated September 2, 2020 between the Archuleta County Board of County Commissioners and Nunn Construction, Inc. for the construction of the Archuleta County Combined Courts Facility will be made on or about October 31, 2022. Any person, co-partnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by the contractor identified above or any subcontractor thereof in or about the performance of the work contracted to be done or that has supplied rental machinery, tools or equipment to the extent used in the prosecution of the work whose claim therefore has not been paid by the contractor or subcontractor, may in accord with section 38-26-107(1) C.R.S., file with Derek Woodman, Archuleta County Manager, PO Box 1507, Pagosa Springs, CO 81147 a verified statement of the amount due and unpaid on account of such paid claim, which statement must be filed on or before October 28, 2022.

Published September 8 and 15, 2022 in The Pagosa Springs SUN.


Notice of Abandonment of Personal Property

Notice to Michael Palmer and any other resident or occupant that the personal property abandoned at 274 Finch Drive, Pagosa Springs, CO 81147 will be disposed of by taking to the dump as of October 15, 2022 if not claimed at Sunetha Property Management, 105 Country Center Drive, Unit #4, Pagosa Springs, CO 81147 on or before that date.

Published September 15, 22, 29, October 6 and 13, 2022 in The Pagosa Springs SUN. 


NOTICE OF INTENT TO MODIFY WEATHER

Notice is hereby given that North American Weather Consultants, Inc., (“NAWC”), is filing with the Director of the Colorado Water Conservation Board an application for a permit to conduct a weather modification program within the State of Colorado. NAWC shall conduct this program for the Upper Gunnison River Water Conservancy District. 

The name of the person who shall be in control of the program is Garrett Cammans, President of North American Weather Consultants, Inc. The Primary Target Area for the five-year Weather Modification Permit is defined as: Upper Gunnison River tributaries and headwaters, located within Gunnison and Saguache Counties, at or above about 7500 feet in elevation. 

Article of 36-20-112 requires that this notice be published in counties adjacent to the Target area, this includes the following: Montrose, Delta, Mesa, Pitkin, Chaffee, Fremont, Ouster, Huerfano, Almosa, Rio Grande, Mineral, Hinsdale, Archuleta, La Plata, San Juan and Ouray.

The weather modification program will consist of approximately 15 to 20 ground-based cloud seeding generators. The expected duration of operations is November 1st, 2022 through April 15th, 2023 for the first year of operations and November 1st through April 15th of the subsequent four years. 

The intended effect of the weather modification operations is to increase precipitation/snowpack water content in the Target Area, to benefit runoff into Taylor Park and Blue Mesa Reservoirs and the Colorado River.

Complete details of the operations are available upon request from: North American Weather Consultants, Inc. 8180 So. Highland Dr., Ste. B-2, Sandy, UT, 84093 or from Andrew Rickert, Weather Modification Program Manager, Colorado Water Conservation Board, 1313 Sherman St. Room 718, Denver, CO 80203. 

A public hearing on this application for a permit to conduct this weather modification program will be held at the Upper Gunnison River Water Conservancy District, 210 West Spencer, Suite B, Gunnison, CO 81230 beginning at 10:00 AM on September 26, 2022. The hearing will be open to the public and can be attended in person or via Zoom. Contact Andrew Rickert at andrew.rickert@state.co.us to gain Zoom access information. 

NORTH AMERICAN WEATHER 

CONSULTANTS, INC.

Published September 15 and 22, 2022 in The Pagosa Springs SUN.


United Mini Storage

399A S. Hwy. 84

Pagosa Springs, CO 81147

Sunetha Property Management

970-731-4344

Notice of sale or disposal of contents:

Unit #A-30 Jessie Lee

Date of Sale or disposal September 26, 2022

Contents: Miscellaneous Household Items

Published September 15 and 22, 2022 in The Pagosa Springs SUN.


Archuleta County, Colorado

Cloman Boulevard Asphalt Surfacing

Archuleta County, Colorado is in the process of finalizing the above listed project constructed by Kilgore Companies, LLC dba Elam Construction, 556 Struthers Avenue, Grand Junction, Colorado 81501. Any claims against this project by suppliers, subcontractors, or others should be delivered to the project engineering firm of Davis Engineering Service, Inc. at 188 S. 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147. All claims shall be delivered prior to October 3, 2022. Any claims received on or after October 3, 2022 shall not be considered. Claim forms can be obtained from Davis Engineering Service, Inc. (Phone 970-264-5055).

Published September 15 and 29, 2022 in The Pagosa Springs SUN.


PUBLIC HEARING

The Town Council for the Town of Pagosa Springs will be holding a public hearing for a new Lodging and Entertainment liquor license application for Liberty Theater located at 418-420 Pagosa Street in Pagosa Springs, Colorado. The public hearing will be held on Tuesday, October 4, 2022, at 5:00 p.m. in the Town Council Chambers at Town Hall at 551 Hot Springs Blvd and/or remote by Zoom meeting. All people wishing to comment should be present at that meeting or have written comments in the office of the Town Clerk no later than 5:00 p.m. on September 30, 2022.

Published September 15, 2022 in The Pagosa Springs SUN.


DISTRICT COURT, WATER DIVISION 7,

COLORADO

WATER RESUME

(This publication can be viewed in its entirety on the state court website at: www.courts.state.co.us).

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 August 2022, for Archuleta and Mineral County.

22CW3033 Archuleta County, San Juan River. Application to Make Absolute. Applicant, Marilyn Mundy, 412 Sycamore Ave 5421 Brea, California 92821. Please direct all correspondence to Amy N. Huff, Colorado Water & Land Law, LLC, 679 E. 2nd Ave, Ste 11B, Durango, CO 81301 (970) 403-1770, amy@waterland-law.com. Structure: MUNDY DITCH. Prior Decree: 13CW06, District Court Water Div. 7 . Legal description: SW ¼ NW ¼ NW ¼, §36, T35N, R2.5W, NMPM, being 1,007’ from the North section line and 1,253’ from the West Section line of § 36. Source: Stollsteimer Creek and local surface runoff, tributary to the Piedra River. App Date: 12/30/14. Amt: 0.6 cfs conditional made absolute (0.4 cfs was previously decreed absolute). Uses: Irrigation and stock watering; Description of what has been done to complete of the appropriation: Applicant applied the water conditionally decreed to the Mundy Ditch to beneficial use in 2019 and thereafter. Landowner: Applicant owns the land affected. Applicant Remarks: See Application for additional information (6 pages including exhibits)

22CW3034 (Prior Case Nos. 2015CW3021, 2004CW0097) APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE AND TO MAKE CONDITIONAL WATER RIGHTS ABSOLUTE IN ARCHULETA AND MINERAL COUNTIES. 1. Name, Mailing Address, and Telephone Number of Applicant. Bootjack Ranch, LLC 12500 East Highway 160 Pagosa Springs, CO 81147 (970) 264-7280. Please forward all pleadings and correspondence to: Wayne F. Forman, #14082 and Courtney M. Shephard, #47668 at BROWNSTEIN HYATT FARBER SCHRECK, LLP 410 17th Street, Suite 2200 Denver, CO 80202 Phone: (303) 223-1100 E-mail: wforman@bhfs.com; cshephard@bhfs.com. 2. Claim for Reasonable Diligence. a. Wolf Creek Village Well No. 1, Permit No. 79946-F. i. Depth: 165 feet. ii. Date of Original Decree: June 16, 2009, Case No. 04CW97. iii. Date of Subsequent Decree Finding Reasonable Diligence: August 18, 2016, Case No. 15CW3021. iv. Decreed Location: NE¼NE¼NE¼, Section 20, Township 37 North, Range 1 East, N.M.P.M., 319 feet from the North Section line and 132 feet from the East Section line. See Figure 1. v. Source: Groundwater tributary to Wolf Creek, a tributary to the West Fork of the San Juan River (hereinafter the “West Fork”). vi. Appropriation Date: December 30, 2004. vii. Amount: 0.445 c.f.s. (200 g.p.m.), not to exceed 320 acre-feet conditional, including the existing right decreed in Case No. 80CW220 for 0.066 c.f.s. (30 g.p.m.), up to 6.45 acre feet per year. This appropriation is for 170 g.p.m. until the more senior right reaches its volumetric limit of 6.45 acre feet per year, at which time withdrawals under this right will equal 200 g.p.m. The decree entered in Case No. 15CW3021 made 200 g.p.m. of Wolf Creek Village Well No. 1 absolute for supplemental irrigation of 11 acres around Bootjack Lodge and Chipper’s Lake. viii. Uses: Stock watering and supplemental irrigation of 60 acres generally in the SE¼ of Section 17, Township 37 North, Range 1 East, N.M.P.M., and 11 acres around Bootjack Lodge and Chipper’s Lake, as shown in Figure 1, in combination with the Dermody Pump. b. Well WS-5, Permit No. 61415-F. i. Depth: 67.5 feet. ii. Date of Original Decree: June 16, 2009, Case No. 04CW97. iii. Date of Subsequent Decree Finding Reasonable Diligence: August 18, 2016, Case No. 15CW3021. iv. Decreed Location: NW¼NE¼SW¼, Section 32, Township 37 North, Range 1 East, N.M.P.M., 2,135 feet from the South Section line and 1,760 feet from the West Section line of Section 32. See Figure 1. v. Source: Groundwater tributary to the West Fork. vi. Appropriation Date: December 30, 2004. vii. Amount: 0.89 c.f.s. (400 g.p.m.), not to exceed 237.5 acre feet, conditional. viii. Use: Supplemental irrigation of 100 acres located in the W½ of Section 32, Township 37 North, Range 1 East, N.M.P.M., lying east of the West Fork. Applicant may not demand use of water under this right if sufficient water is available from ditches supplying the tracts of land shown as irrigated on Figure 1. See Figure 1. c. Front Gate Well, Permit No. 79945-F. i. Depth: 140 feet. ii. Date of Original Decree: June 16, 2009, Case No. 04CW97. ii. Date of Subsequent Decree Finding Reasonable Diligence: August 18, 2016, Case No. 15CW3021. iii. Decreed Location: SE¼NE¼SW¼, Section 29, Township 37 North, Range 1 East, N.M.P.M., 1,700 feet from the South section line and 2,100 feet from the West section line. See Figure 1. iv. Source: Groundwater tributary to the West Fork. v. Appropriation Date: December 30, 2004. vi. Amount: 0.89 c.f.s. (400 g.p.m.), not to exceed 220 acre feet, conditional. vii. Uses: Domestic, livestock watering, and supplemental irrigation of 47 acres of lawns and gardens and pasture located in the SE¼SW¼ of Section 29, Township 37 North, Range 1 East, N.M.P.M. by the 1998 priority of the Chapson-Howe Ditch water right. Applicant may not demand use of water under this right if sufficient water is available from ditches supplying the tracts of land shown as irrigated on Figure 1. See Figure 1. d. Dermody Pump Use Enlargement, Permit No. 64625-F. i. Depth: 14 feet (gallery-type well). ii. Date of Original Decree: June 16, 2009, Case No. 04CW97. iii. Date of Subsequent Decree Finding Reasonable Diligence: August 18, 2016, Case No. 15CW3021. iv. Decreed Location: NW¼SE¼NE¼, Section 20, Township 37 North, Range 1 East, N.M.P.M., 1,809 feet from the North section line and 980 feet from the East section line. See Figure 1. v. Source: Groundwater tributary to Wolf Creek, tributary to the West Fork. vi. Appropriation Date: November 30, 2005. vii. Amount: 0.4 c.f.s. (180 g.p.m.), not to exceed 205 acre feet, conditional. viii. Uses: Supplemental irrigation of 60 acres in the SE¼ of Section 17, Township 37 North, Range 1 East, N.M.P.M., and 11 acres around Bootjack Lodge and Chipper’s Pond, as shown on Figure 1, in combination with the Wolf Creek Village Well No. 1. e. Brown Spring. i. Date of Original Decree: June 16, 2009, Case No. 04CW97. ii. Date of Subsequent Decree Finding Reasonable Diligence: August 18, 2016, Case No. 15CW3021. iii. Decreed Location: NW¼NW¼NW¼, Section 29, Township 37 North, Range 1 East, N.M.P.M. See Figure 1. iv. Source: Unnamed draw tributary to the West Fork, located 275 feet from the North section line and 595 feet from the West section line of Section 29. v. Appropriation Date: July 29, 1998. vi. Amount Claimed: 0.99 c.f.s. (446 g.p.m.), conditional. vii. Use Enlargement: Natural irrigation of 5 acres together with uses previously decreed to this structure in connection with the use of Michael’s Lake decreed in Case No. 98CW88. See Figure 1. f. Phillipps Ditch – Brown Enlargement. i. Date of Original Decree: June 16, 2009, Case No. 04CW97. ii. Date of Subsequent Decree Finding Reasonable Diligence: August 18, 2016, Case No. 15CW3021. iii. Decreed Location: 1. The decree entered in Case No. 17CW3009 corrected the decreed location of Phillipps Ditch headgate to: the NE1/4 of the SW1/4, Section 29, Township 37 North, Range 1 East, N.M.P.M.; 2,537 feet from the South section line and 2,285 feet from the West Section line of Section 29, Mineral County, Colorado. The UTM format of the legal description is: UTM 13 North; NAD83; Northing (Y): 4,142,583: Easting (X): 331,914. 2. The water for the Brown Enlargement is diverted from an unnamed tributary that crosses the Phillipps Ditch where and which is located on the west bank of the Phillipps Ditch where the unnamed draw, tributary to the West Fork of the San Juan River, crosses the ditch in the SW¼NE¼SW¼, Section 29, Township 37 North, Range 1 East, N.M.P.M., being 2,400 feet from the South section line and 1,900 feet from the West section line of said Section 29. See Figure 1. iv. Source: Unnamed draw tributary to the West Fork. v. Appropriation Date: December 30, 2004. vi. Amount: 1.0 c.f.s. (450 g.p.m.) conditional. The decree entered in Case No. 15CW3021 made 0.34 c.f.s. (151 g.p.m.) of the Phillipps Ditch-Brown Enlargement absolute for year-round firefighting and irrigation of an additional 41 acres above the Phillipps Ditch. Irrigation is supplemental to the Allen Ditch. vii. Uses: Year-round firefighting and irrigation of an additional 41 acres above the Phillipps Ditch, in conjunction with Brown South Well, in the W½ of Section 29, NE¼ of Section 31 and the NW¼ of Section 32, Township 37 North, Range 1 East, N.M.P.M. See Figure 1. g. DJ’s Lake (f/k/a/ Village Lake Reservoir). i. Date of Original Decree: June 16, 2009, Case No. 04CW97. ii. Date of Subsequent Decree Finding Reasonable Diligence: August 18, 2016, Case No. 15CW3021. iii. Decreed Location: Section 20, Township 37 North, Range 1 East, N.M.P.M.; 400-1,000 feet south of the North section line and 50-350 feet west of the East section line. The outlet of the reservoir is located in the SW¼NE¼NE¼, Section 20, Township 37 North, Range 1 East, N.M.P.M., being 945 feet from the North section line and 865 feet from the East section line of said Section 20. See Figure 1. iv. Source: Filling flows provided by Wolf Creek, a tributary to the West Fork, via Village Lake Feeder Ditch. Freshening flows provided by ground water tributary to Wolf Creek via Wolf Creek Village Well No. 1. v. Appropriation Date: December 30, 2004. vi. Amount: 20 acre feet, with right to successively refill in priority, conditional. The decree entered in Case No. 15CW3021 made absolute 20 acre feet for augmentation use pursuant to C.R.S. § 37-92-103(4)(a), and continued in full force and effect the conditional refill right for 20 acre feet for augmentation use. vii. New Use Added to Previous Decree: Augmentation, as further discussed in the plan for augmentation discussed in 04CW97. h. Chipper’s Lake. i. Date of Original Decree: June 16, 2009, Case No. 04CW97. ii. Date of Subsequent Decree Finding Reasonable Diligence: August 18, 2016, Case No. 15CW3021. iii. Decreed Location: NE¼NE¼NE¼, Section 20, Township 37 North, Range 1 East, N.M.P.M., 545 feet from North Section line and 235 feet from East Section line. See Figure 1. iv. Sources: Groundwater tributary to Wolf Creek, tributary to the West Fork via Wolf Creek Village Well No. 1 and surface water pumped from Wolf Creek via Chipper’s Lake Pumping Station, which is located in the NE¼NE¼NE¼ of Section 20, Township 37 North, Range 1 East, N.M.P.M., 270 feet from North Section line and 290 feet from East Section line. v. Appropriation Date: December 29, 2006. vi. Amount: 8.0 acre feet, conditional. 1. Fill Rate: 0.445 c.f.s. (200 g.p.m.) via Wolf Creek Village Well No. 1, and/or 1.0 c.f.s. (450 g.p.m.) via Chipper’s Lake Pumping Station, with the right to fill and refill in priority. 2. The decree entered in Case No. 15CW3021 made absolute Chipper’s Lake for 8.0 acre feet, diverted at a fill rate of 0.445 c.f.s. (200 g.p.m.) by Wolf Creek Village Well No. 1 and/or 1.0 c.f.s. (450 g.p.m.) via Chipper’s Lake Pumping Station, for augmentation and piscatorial uses pursuant to C.R.S. § 37-92-103(4)(a). 3. The decree entered in Case No. 15CW3021 continued with full force and effect the conditional right for Chipper’s Lake refill for 8.0 acre feet for augmentation and piscatorial uses diverted at a fill rate of 0.445 c.f.s. (200 g.p.m.) via Wolf Creek Village Well No. 1 and/or 1.0 c.f.s. (450 g.p.m.) via Chipper’s Lake Pumping Station. vii. Uses: Augmentation, piscatorial. 3. Activities During the Diligence Period: Pursuant to C.R.S. § 37-92-301(4)(b), “[t]he measure of reasonable diligence is the steady application of effort to complete the appropriation in a reasonably expedient and efficient manner under all the facts circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.” The above-described rights originally decreed in Case No. 04CW97 are part of the Bootjack Ranch water system that now and in the future provides water for Bootjack Ranch. These rights comprise an integrated system of water rights and structures under C.R.S. § 37-92-301(4)(b). Since August 2016, Bootjack Ranch has diligently prosecuted the subject water rights, including the activities and expenditures described below. a. Construction & Water System Development Activities: Bootjack Ranch spent more than $1,000,000 on improvements to its water system including certain of the subject conditional water rights; these activities included but were not limited to: i. Installing pumping equipment, associated plumbing, flow meter, and electrical connections for Front Gate Well, including installing a variable frequency drive (VFD). ii. Redrilling Wolf Creek Village Well and installing pumping equipment, flow meter, associated plumbing, electrical connections, and VFD. iii. Upgrading and installing a VFD to operate Well WS-5. iv. Completing a spring collection system and other construction activities related to improving the Brown Spring. v. Upgrading the power supply at Oxbow Lake and installing pumping equipment, pipelines, risers and a large capacity sprinkler heads to irrigate the Phillipps Ditch irrigated area and Phillipps Ditch Brown Enlargement irrigated area. vi. Constructing Well WS-1 and installing pumping equipment, flow meter, and associated plumbing, electrical connections, and VFD. vii. Completing construction activities related to the repair work to Oxbow Pond and Oxbow Augmentation Pond. viii. Installing pumping equipment and associated plumbing and electrical connections for WB Turner Pump Nos. 1 and 2, including installing VFDs. ix. Installing a pipeline from WB Turner Pump No. 1 to irrigated pasture field. x. Installing a pipeline from WB Turner Pump No. 2 to the Langworthy Ditch to fill and refresh the BFR Pond and irrigate the pasture. xi. Installing irrigation pipelines and electrical pumps to irrigate around the BFR Pond. xii. Maintenance work on the Upper Twin Lakes. xiii. Constructing Warren Lake, Amy’s Lake, and the Bootjack North Augmentation Pond, including installing irrigation systems and associated plumbing and electrical connections. b. Engineering & Water Consulting Activities: Bootjack Ranch spent more than $300,000 in engineering and consulting work to defend and perfect the decreed conditional water rights that are the subject of this Application as well as other rights in the system, and to appropriate new water rights for its integrated system of water rights. This work included, but was not limited to: i. Technical support for adjudicating water rights for the Oxbow Pond and Oxbow Augmentation Pond, a new surface water right for Phillipps Ditch – Oxbow Enlargement, and a plan for augmentation for the Oxbow Pond in Case No. 13CW3032. ii. Permitting and redrilling the Wolf Creek Village Well, including construction oversite, geologic logging and sampling, well construction design, and pump specification. iii. Permitting and redrilling Well WS-1 including preparing a variance request, construction oversite, geologic logging and sampling, well construction design, and pump specification. iv. Preparing numerous mapping documents to improve and install new sprinkler irrigation system throughout Bootjack Ranch. v. Multiple site visits to Bootjack Ranch to document flow rates, irrigated area, and beneficial use of the Wolf Creek Village Well, Well WS-1, Well WS-5, Front Gate Well, Phillipps Ditch – Brown Enlargement, Dermody Pump, WB Turner Pumpsites Nos. 1 and 2, and the Brown Spring. vi. Technical support for new water storage rights for BFR Pond, WGA Pond, and the Bootjack South Augmentation Pond; new surface water rights for the W.B. Turner Alternative Pumpsite No. 1 Enlargement; W.B. Turner Alternative Pumpsite No. 2 Enlargement; and a plan for augmentation for the WGA Pond and BFR Pond in Case No. 16CW3034. vii. Technical support and research to correct the point of diversion for the Phillipps Ditch headgate in Case No. 17CW3009. viii. Technical support for a decree making Bootjack Ranch’s water rights in the Kelly’s Lake Ditch, Queen’s Lake, Melinda’s Lake, Kelly’s Lake, and Michelle’s Lake, as well as a portion of the water right decreed to the Brown South Well absolute and continuing in full force and effect a portion of the Brown South Well and Well WS-1 conditional rights in Case No. 17CW3043. ix. Technical support and as-built surveys for a decree for absolute water storage rights for Marie Lake, Elizabeth Lake, Upper Twin Lake 1, Upper Twin Lake 2, Upper Twin Lake 3, an absolute groundwater right for the Brown South Well First Enlargement, and an absolute surface water right for the Elizabeth Lake Ditch in Case No. 17CW3050. x. Technical support for a decree for an augmentation plan, conditional surface water rights for the Warren Ditch, Canon Creek Ditch First Enlargement, Reach 2 Ditch, Amy’s Ditch, Bootjack North Diversion, conditional underground water rights for Reach 2 Ponds A through E, and Warren Pond, and conditional storage rights for Warren Lake, Bootjack North Augmentation Pond, and Amy’s Lake in Case No. 18CW3051. xi. Technical support in protecting Bootjack Ranch’s integrated system of water rights by filing statements of opposition in Case Nos. 17CW3014, 17CW3030, 17CW3041, 21CW3029, and 21CW3014. xii. Compiling Bootjack Ranch’s well diversion records and annual submittal to the Division 7 Office of the Colorado Division of Water Resources. c. Water Counsel Actions: Bootjack Ranch spent more than $287,000 in legal fees to defend its decreed water rights and to appropriate new water rights for its integrated system of water rights. This work included, but was not limited to: i. Obtaining a decree for new water storage rights for the BFR Pond, WGA Pond, and the Bootjack South Augmentation Pond, new surface water rights for the W.B. Turner Alternative Pumpsite No. 1 Enlargement, W.B. Turner Alternative Pumpsite No. 2 Enlargement, and a plan for augmentation for the WGA Pond and BFR Pond in Case No. 16CW3034. ii. Correcting the point of diversion for the Phillipps Ditch headgate in Case No. 17CW3009. iii. Obtaining a decree making Bootjack Ranch’s water rights in the Kelly’s Lake Ditch, Queen’s Lake, Melinda’s Lake, Kelly’s Lake, and Michelle’s Lake, as well as a portion of the water right decreed to the Brown South Well absolute and continuing in full force and effect a portion of the Brown South Well and Well WS-1 conditional rights in Case No. 17CW3043. iv. Obtaining a decree for absolute water storage rights for Marie Lake, Elizabeth Lake, Upper Twin Lake 1, Upper Twin Lake 2, Upper Twin Lake 3, an absolute groundwater right for the Brown South Well First Enlargement, and an absolute surface water right for the Elizabeth Lake Ditch in Case No. 17CW3050. v. Obtaining a decree for an augmentation plan, conditional surface water rights for the Warren Ditch, Canon Creek Ditch First Enlargement, Reach 2 Ditch, Amy’s Ditch, Bootjack North Diversion, conditional underground water rights for Reach 2 Ponds A through E, and Warren Pond, and conditional storage rights for Warren Lake, Bootjack North Augmentation Pond, and Amy’s Lake in Case No. 18CW3051. vi. Protecting Bootjack Ranch’s integrated system of water rights by filing statements of opposition in Case Nos. 17CW3014, 17CW3030, 17CW3041, 21CW3029, and 21CW3014. 4. Claim to Make Absolute: a. Well WS-5, Permit No. 61415-F. i. Date Water Was Applied to Beneficial Use: Bootjack Ranch has applied this water to the decreed beneficial use since 2019 and measured the instantaneous pumping rate for this Application on May 18, 2022. ii. Amount: 0.72 c.f.s. (325 g.p.m.) on May 18, 2022; during the 2020 water year, Bootjack Ranch pumped a total of 32.3 acre feet. iii. Use: Supplemental irrigation. iv. Place of Use: 11 acres within the 100-acre parcel located in the W½ of Section 32, Township 37 North, Range 1 East, N.M.P.M. b. Front Gate Well, Permit No. 79945-F. i. Date Water Was Applied to Beneficial Use: Bootjack Ranch has applied this water to the decreed beneficial use since 2017 and measured the instantaneous pumping rate for this Application on May 9, 2022. ii. Amount: 0.90 c.f.s. (403 g.p.m.) on May 9, 2022; during the 2017 water year, Bootjack Ranch pumped 201 acre feet. iii. Use: Supplemental irrigation. iv. Place of Use: 47 acres of lawns and gardens and pasture located in the SE¼SW¼ of Section 29, Township 37 North, Range 1 East, N.M.P.M. c. Dermody Pump Use Enlargement, Permit No. 64625-F. i. Date Water Was Applied to Beneficial Use: Bootjack Ranch has applied this water to the decreed beneficial use since 2017 and measured the instantaneous pumping rate for this Application on May 9, 2022. ii. Amount: 0.56 c.f.s. (250 g.p.m.); during the 2017 water year, Bootjacck Ranch pumped 43.8 acre-feet. iii. Use: Irrigation. iv. Place of Use: 11 acres around Bootjack Lodge and Chipper’s Pond, as shown on Figure 1. d. Brown Spring. i. Date Water Was Applied to Beneficial Use: Bootjack Ranch completed the spring collection system in August of 2022, and began using it for the decreed beneficial uses. The instantaneous discharge rate was measured on August 29, 2022. ii. Amount: 0.44 c.f.s. (200 g.p.m.). iii. Use: Irrigation and freshening flows for Michael’s Lake decreed in Case No. 98CW88. iv. Place of Use: 5 acres in connection with the use of Michael’s Lake and Michael’s Lake as shown on Figure 1. e. Phillipps Ditch – Brown Enlargement. i. Date Water Was Applied to Beneficial Use: May 18, 2022. ii. Amount: 0.36 c.f.s. (162 g.p.m.) total, of which Bootjack Ranch claims 0.02 c.f.s. (9 g.p.m.) as absolute in this Application because the decree entered in Case No. 15CW3021 made 0.34 c.f.s. (151 g.p.m.) absolute. iii. Use: Irrigation and year-round firefighting. iv. Place of Use: 41 acres W½ of Section 29, NE¼ of Section 31 and the NW¼ of Section 32, Township 37 North, Range 1 East, N.M.P.M. See Figure 1. f. Chipper’s Lake. i. Date Water Was Applied to Beneficial Use: August 29, 2022. ii. Amount: 2.7 acre feet refilled at a rate of 0.64 c.f.s. (287 g.p.m.) from the Wolf Creek Village Well No. 1. iii. Use: Augmentation, piscatorial. iv. Place of Use: NE¼NE¼NE¼, Section 20, Township 37 North, Range 1 East, N.M.P.M., 545 feet from North Section line and 235 feet from East Section line. See Figure 1. WHEREFORE, Applicant requests that the Court enter a decree: A. Making the following portions of the above-listed conditional water rights absolute pursuant to C.R.S. § 37-92-103(4)(a): i. Well WS-5: 0.724 c.f.s. (325 g.p.m.) for supplemental irrigation use of 100 acres located in the W½ of Section 32, Township 37 North, Range 1 East, N.M.P.M., lying east of the West Fork. ii. Front Gate Well: 0.89 c.f.s. (400 g.p.m.) for supplemental irrigation use of 47 acres of lawns and gardens and pasture located in the SE¼SW¼ of Section 29, Township 37 North, Range 1 East, N.M.P.M. iii. Dermody Pump Use Enlargement: 0.4 c.f.s. (180 g.p.m.) for supplemental irrigation use of 11 acres around Bootjack Lodge and Chipper’s Lake. iv. Brown Spring: 0.44 c.f.s. (200 g.p.m.) for natural irrigation of 5 acres together with uses previously decreed to this structure in connection with the use of Michael’s Lake decreed in Case No. 98CW88. v. Phillipps Ditch – Brown Enlargement: 0.02 c.f.s. (9 g.p.m) for irrigation use and year-round firefighting of an additional 41 acres above the Phillipps Ditch in addition to the 0.34 c.f.s. (151 g.p.m.) made absolute in Case No. 15CW3021. vi. Chipper’s Lake: 2.7 acre feet refilled at a rate of 0.445 c.f.s. (200 g.p.m.) from the Wolf Creek Village Well No. 1 for augmentation and piscatorial uses. B. Finding that the Applicant has been reasonably diligent in finalizing the appropriation of the following portions of the above-listed conditional water rights and continuing these rights in full force and effect: i. Wolf Creek Village Well No. 1: 0.445 c.f.s. (200 g.p.m.) for stock watering and supplemental irrigation of 60 acres generally in the SE¼ of Section 17, Township 37 North, Range 1 East, N.M.P.M. ii. Well WS-5: 0.167 c.f.s. (75 g.p.m.) for supplemental irrigation use of 100 acres located in the W½ of Section 32, Township 37 North, Range 1 East, N.M.PM., lying east of the West Fork. iii. Front Gate Well: 0.89 c.f.s. (400 g.p.m.) for domestic and livestock watering uses. iv. Dermody Pump Use Enlargement: 0.4 c.f.s. (180 g.p.m.) for supplemental irrigation use of 60 acres in the SE¼ of Section 17, Township 37 North, Range 1 East, N.M.P.M. v. Brown Spring: 0.55 c.f.s. (246 g.p.m.) for natural irrigation of 5 acres together with uses previously decreed to this structure in connection with the use of Michael’s Lake decreed in Case No. 98CW88. vi. Phillipps Ditch – Brown Enlargement: 0.64 c.f.s. (287 g.p.m) for irrigation use and year-round firefighting of an additional 41 acres above the Phillipps Ditch. vii. DJ’s Lake: 20 acre feet refill right for augmentation use. viii. Chipper’s Lake: 5.3 acre feet refill right for augmentation and piscatorial uses. Applicant requests that the Court also make absolute any portions of these conditional rights that are applied to beneficial use during the pendency of this case. C. Granting such other relief as the Court deems just and proper (15 pages including exhibits)

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 October 2022, 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; Stephanie Dinnocenzo, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301; (970-247-2304)

/s/ Stephanie Dinnocenzo

Published: before September 30, 2022 Water Court Specialist

Published September 15, 2022 in The Pagosa Springs SUN.


RESOLUTION 2022 – 98

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY TO APPROVE AND AUTHORIZE A BALLOT QUESTION FOR THE NOVEMBER 2022 GENERAL ELECTION FOR THE PURPOSE OF PROPOSING AN INCREASE OF 1.5% TO THE EXISTING COUNTYWIDE SALES TAX RATE TO ADDRESS CRITICAL AND URGENT NEEDS OF ARCHULETA COUNTY AS MORE PARTICULARLY DESCRIBED HEREIN, THE SHARING OF REVENUES WITH THE TOWN OF PAGOSA SPRINGS, AND A VOTER-APPROVED REVENUE CHANGE

WHEREAS, Archuleta County (the “County”) is a duly organized county political subdivision of the State of Colorado under the Constitution and laws of the State of Colorado pursuant to C.R.S. §30-5-112; and,

WHEREAS, Article 2, Title 29 of the Colorado Revised Statutes, as amended, authorizes the County to levy an increase in the countywide sales tax rate upon approval of the majority of qualified registered electors of the County voting on such proposal at an election conducted and held according to Colorado law; and,

WHEREAS, on April 7, 1988, the Archuleta County Board of County Commissioners (the “Board”) adopted Resolution 1988-34 authorizing a ballot question to impose a countywide sales tax rate of four percent (4%), which rate was approved by a majority of the qualified registered electors voting on such proposal at a special election conducted and held according to Colorado law on May 10, 1988; and,

WHEREAS, there has been no increase in the countywide sales tax rate since the election in May 1988, more than thirty years ago; and,

WHEREAS, during that same time frame, the population of the County has grown from around 5,000 in 1988 to just under 14,000 in 2022, which equates to a 180% increase; and,

WHEREAS, also during that same time frame, the cost of maintaining the roads in the County, which includes 327 miles of road, of which 40 miles are paved or chip- sealed, has increased significantly; and,

WHEREAS, in addition, the growth of tourism visits to the County has increased significantly from 1988 to 2022; and,

WHEREAS, furthermore, the cost of providing services to the citizens of the

County has increased significantly over the same period of time; and,

WHEREAS, the Board has determined that the maintenance, repair and safety of roads, bridges and other infrastructure in the County are priorities for the residents of the

County, and that it is in the public interest to provide for the maintenance, repair and safety of those roads, bridges and other infrastructure; and,

WHEREAS, the growth of population in and tourism to Archuleta County has significantly impacted County roads, bridges and other infrastructure, to a point where the County no longer has the financial resources to maintain such roads, bridges and other infrastructure at an acceptable level; and,

WHEREAS, the County is in need of maintaining current capital projects and improvements and constructing future capital projects and improvements, including but not limited to County facilities and the County landfill, all to meet the growing population of Archuleta County; and,

WHEREAS, the County is in need of additional resources to provide current services to the growing population of Archuleta County in an extremely tight labor market so as to retain its current employees as well as to attract new talent, and to provide for additional services required by state law; and,

WHEREAS, the Board believes it is important to find a sustainable funding source to address the safety, functionality and longevity of County roads, bridges and other infrastructure, to maintain and construct current and future County capital projects and improvements, and to sustain and expand services to the citizens of Archuleta County; and,

WHEREAS, the Board finds that the imposition of a sales tax increase of one and a half percent (1.5%) of taxable transactions (which represents a 1 and ½ cent increase on each one dollar purchase) will ensure that Archuleta County has the funding it needs to provide suitable roads, bridges and other infrastructure, as well as address other significant needs of the County and its citizens as stated herein; and,

WHEREAS, the Board finds that the imposition of a sales tax increase of one and a half percent (1.5%) of taxable transactions will promote the health, safety and welfare of the citizens of the County; and,

WHEREAS, pursuant to Article X, Section 20 of the Colorado Constitution, the increase of any tax requires voter approval, which may be referred to an election held on the first Tuesday of November of even-numbered years; and

WHEREAS, the Board desires to refer to the registered electors of the County a proposal for an increase to the countywide sales tax for the purposes set forth herein at the next election on November 8, 2022, and such election date is not less than 30 and is within the next succeeding 120 days after the adoption of this Resolution; and

WHEREAS, pursuant to C.R.S. §1-5-203(3), the Board must certify ballot contents to the Archuleta County Clerk and Recorder for said November 8, 2022, election no later than September 9, 2022.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, COLORADO THAT:

GENERAL PROVISIONS

1. Purpose of this Resolution. The purpose of this Resolution is to authorize the submission of a ballot question and, upon the approval of a majority of the eligible electors voting on such proposal at the November 2022 General Election, to enact, and, therefore, levy and impose an increase in the countywide sales tax rate of one and a half percent (1.5%) upon the sale at retail of tangible personal property and the furnishing of certain services in the County (the “sales tax”), all of the foregoing being in accordance with the provisions of Article 2 of Title 29, C.R.S., which provisions are incorporated herein by this reference.

2. Effective Date and Duration of Sales Tax Increase. If approved by a majority of the eligible electors voting thereon in the November 2022 General Election, the countywide sales tax rate increase proposed in this Resolution and in the ballot initiative shall become effective January 1, 2023, and shall be in effect throughout the incorporated and unincorporated portions of Archuleta County in perpetuity and shall not expire, unless and until repealed or otherwise revised by a vote of the citizens of the County.

a. Notwithstanding the provisions of Section 2 hereof, so long as there are outstanding financial obligations of the County which are secured in whole or in part by all or any portion of said sales tax, said taxes shall not be repealed, nor shall the application of the proceeds from said taxes be changed, if such repeal or change would adversely affect the security for said financial obligations.

3. Statutory Definitions Incorporated/Specific Definition of Countywide. The definitions of the words contained herein shall be as set forth in C.R.S. §§ 39-26-102, 39-26-201 and 39-26-701, which definitions are incorporated by reference into this Resolution as if fully set forth herein. The term “countywide”, as used in this Resolution includes all incorporated areas (i.e., municipalities, including, but not limited to, all statutory cities and towns and all home rule cities and towns) and unincorporated areas within the County.

SPECIFIC PROVISIONS RELATING TO 

THE SALES TAX

4. Personal Property and Services Taxed. Upon the approval of a majority of the eligible electors in the November 2022 General Election, there shall be enacted and, therefore, levied and imposed, and there shall be collected and paid, an increase in the existing countywide sales tax rate of one and a half percent (1.5%) on the gross receipts upon the sale of tangible personal property at retail and the furnishing of 

certain services as provided in C.R.S. § 29-2-105(1)(d), as amended, upon all taxable transactions in the County. The sale of tangible personal property and services taxable pursuant to this Resolution shall be the same as the sale of tangible personal property and services taxable pursuant to C.R.S. § 39-26-104, except as otherwise provided in C.R.S. § 29-2-105(1)(d). For purposes of this Resolution, which is being enacted in accordance with Title 29, Article 2 of the Colorado Revised Statutes, all retail sales are sourced as specified in C.R.S. § 39-26-104(3).

5. Adoption of State Rules and Regulations. The imposition of this increase in the tax on the sale at retail of tangible personal property and the furnishing of certain services subject to this tax shall be in accordance with the schedule set forth in the rules and regulations of the Colorado Department of Revenue, and in accordance with any regulations which may be enacted by separate written resolution.

6. Mobile Telecommunications Services. Imposition of a sales tax pursuant to C.R.S. §

39-26-104(1)(c) on a mobile telecommunications service shall be imposed in accordance with the provisions of the Mobile Telecommunications Sourcing Act, 42

U.S.C. §§ 116 to 126 as amended, and pursuant to Section 117(b) of the Act, mobile telecommunications service taxable by the County on or after August 1, 2002, may be subject to any sales tax or other charge imposed by the County on the service only if the customer’s place of primary use is within the geographical boundaries of the County.

7. Sales Tax Exemptions. The incidents subject to sales tax shall not include the following:

a. The amount of any sales or use tax imposed by Part 7 of Article 26 of Title 39 of the Colorado Revised Statutes.

b. The sale of construction and building materials, as the term is used in C.R.S.

§ 29-2-109, if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to such local government evidencing that a local use tax has been paid or is not required to be paid.

c. The sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule city and county, city, or town equal to or in excess of that sought to be imposed by the subsequent statutory or home rule city and county, city, or town. A credit shall be granted against the sales tax imposed by the subsequent statutory or home rule city and county, city, or town with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule city and county, city, or town. The amount of the credit shall not exceed the sales tax town. The following provision shall apply in defining the applicability of its higher rate to the sales tax ordinance or resolution of any statutory or home rule city, town, city and county, or county which provides a higher rate of taxation on prepared food or food for immediate consumption than its general rate of taxation: Prepared food or food for immediate consumption shall exclude any food for domestic home consumption.

d. The sale of food purchased with food stamps. For purposes of this provision, the term “food” shall have the same meaning as provided in 7 U.S.C. §2012(g), as such section existed on October 1, 1987, or as thereafter amended.

e. The sale of food purchased with funds provided by the special supplemental food program for women, infants and children, 42 U.S.C. § 1786. For the purposes of this provision, “food” shall have the same meaning as provided in 42 U.S.C. § 1786, as such section existed on October 1, 1987, or as thereafter amended.

f. “Food” as used herein is defined as set forth in C.R.S. § 39-26-102(4.5), as amended.

g. The sale of cigarettes pursuant to C.R.S. § 29-2-105(9).

h. None of the sale tax exemptions allowed for in C.R.S. § 29-2-501(1)(d) are adopted by this Resolution.

8. Nonresident Exemptions. All sales of personal property on which a specific ownership tax has been paid or is payable shall be exempt from the subject sales tax increase when such sales meet both of the following conditions:

a. The purchaser is a nonresident of or has his or her principal place of business outside the County; and

b. Such tangible personal property is registered or required to be registered outside the limits of the County under the laws of Colorado.

9. Place of Sale. For purposes of this Resolution, all retail sales shall be considered consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his agent to a destination outside the limits of the County or to a common carrier for delivery to a destination outside the limits of the County. The gross receipts from such sales shall include delivery charges, which such charges are subject to the sales and use tax of the State of Colorado imposed by Article 26 of Title 39, C.R.S., regardless of the place to which delivery is made. If a retailer has no permanent place of business in the County, or has more than one place of business, the place or places at which the retail sales are shall be determined by the provisions of Article 26 of Title 39, C.R.S. and by the rules and regulations promulgated by the Colorado Department of Revenue.

10. Sales Tax License. No separate County sales tax license shall be required. Any person engaging in the business of selling tangible personal property at retail or furnishing certain services as herein specified shall annually obtain and hold a State license as required by C.R.S. § 39-26-103.

11. Collection, Administration and Enforcement. The collection, administration and enforcement of the sales tax increase imposed by this Resolution shall be performed by the Executive Director of the Colorado Department of Revenue in the same manner as the collection, administration and enforcement of the Colorado State sales tax The provisions of Article 26 of Title 39, C.R.S. and all rules and regulations promulgated by the Executive Director of the Department of Revenue thereunder are incorporated herein by this reference and shall govern the collection, administration and enforcement of the sales tax increase imposed by this Resolution.

If the sales tax increase proposed by this Resolution is approved by the electorate at the General Election in November 2022, the County Clerk and Recorder shall send notice of said adoption to, and make a request of, the Executive Director of the Department of Revenue to administer, collect and distribute the sales tax increase hereby imposed, pursuant to C.R.S. § 29-2-106. The Board and the Clerk and Recorder, at the time of making such a request, shall provide the following documents to the Executive Director of the Department of Revenue:

a. A copy of this Resolution, certified by the Clerk and Recorder; and, b. Affidavits of Publication of this Resolution, as provided herein; and,

c. An abstract of election results, certified as to the approval of the sales tax increase by a majority of the registered, qualified electors of Archuleta County voting thereon.

In the event the Executive Director of the Department of Revenue fails or refuses to collect the sales tax increase imposed by this Resolution, the Board shall be authorized to provide for the collection, administration or enforcement of such sales tax increase to the extent permitted by law or to amend this Resolution to comply with the requirements of the Department of Revenue.

12. Distribution of Proceeds of Sales Tax Rate Increase. Pursuant to C.R.S. § 29-2-

104(2), the County shall receive 50% of the net revenues generated by this sales tax increase and the Town of Pagosa Springs shall also receive 50% of the net revenues generated.

13. Use by Archuleta County. The Board shall direct the utilization of the revenues of the sales tax increase proposed by this Resolution solely as described in the ballot measure referred to the eligible voters of the County by this Resolution.

a. Revenue generated from this sales tax increase shall be used for the following purposes:

i. At least 50% of the revenues generated to the design, engineering, maintenance, improvement, construction and/or reconstruction of the roads, bridges and other infrastructure that has been accepted into the County road system by the Board, along with such equipment, land and materials needed to perform such design, engineering, maintenance, improvement, construction and/or reconstruction.

ii. The remainder of the revenues generated will be divided between the following categories:

1) To the design, engineering, maintenance, improvement, remodeling, construction and/or reconstruction of current and future County capital projects and improvements including but not limited to County facilities and the County landfill, along with such equipment and materials needed for such design, engineering, maintenance, improvement, remodeling, construction and/or reconstruction.

2) To the growing cost of providing current services to the citizens of the County, including but not limited to County employees’ salaries and benefits, and the expansion of new services, which are or could be required by state law.

b. Interest generated from the revenues of the sales tax increase shall be used for the purposes set forth in this Resolution.

14. Use by Town of Pagosa Springs. The Town of Pagosa Springs Town Council shall direct the utilization of the revenues of the sales tax increase proposed by this Resolution solely as described in the ballot measure referred to the eligible voters of the County by this Resolution.

a. Revenue generated from this sales tax increase shall be used for the following purposes:

i. At least 50% of the revenues generated to the design, engineering, maintenance, improvement, construction and/or reconstruction of the roads, bridges and other infrastructure that are the responsibility of the Town of the Pagosa Springs along with such equipment, land and materials needed to perform such design, engineering, maintenance, improvement, construction and/or reconstruction.

ii. The remainder of the revenues generated will be divided between the following categories:

1) To the design, engineering, maintenance, improvement, remodeling, construction and/or reconstruction of current and future Town capital projects and improvements including, but not limited to, Town facilities along with such land, equipment and materials needed for such design, engineering, maintenance, improvement, remodeling, construction and/or reconstruction.

2) To the growing cost of providing current services to the citizens of the Town and the expansion of new services, which are or could be required by state law.

b. Interest generated from the revenues of the sales tax increase shall be used for the purposes set forth in this Resolution.

15. Voter-Approved Revenue Change. For purposes of Colo. Const., Art. X Section 20, the receipt and expenditure of revenues of the sales tax increase together with earnings on the investment of the proceeds of the sales tax increase shall constitute a voter-approved revenue change.

ELECTION REQUIREMENTS

16. Submission to Electors. Pursuant to C.R.S. § 29-2-104(3), this sales tax increase proposal as set forth in this Resolution shall be referred to the eligible electors of the County at the General Election to be held Tuesday, November 8, 2022, and being referred to herein as the November 2022 General Election. The ballot issue to be submitted to the eligible electors shall be substantially as set forth on the attached Exhibit A, which is incorporated by reference into this Resolution as if fully set forth herein. The cost of putting the ballot measure adopted by this Resolution to the eligible voters of the County shall be paid from the general fund of Archuleta County.

17. Publication of Resolution. The Archuleta County Clerk and Recorder is hereby authorized and directed to publish the text of this proposal for a sales tax increase four separate times, a week apart, in The Pagosa Sun, a newspaper circulated in the County.

18. Conduct of Election. The election shall be held and conducted, and the results thereof shall be determined so far as practicable, in conformity with the provisions of the Colorado Uniform Election Code of 1992 as set forth in Articles 1 through 13, inclusive, of Title 1, C.R.S.

19. Ballot Title. For purposes of C.R.S. § 1-11-203.5, the ballot title for the ballot issue contained in Exhibit A attached to this Resolution is hereby determined to be the text of the ballot issue itself as set forth in Exhibit A.

20. Authority to Effect Resolution. The officers, employees and agents of the County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution in accordance with Colorado law.

21. Effective Date – Applicability. Upon approval at the November 2022 General Election, this proposal shall become effective and in force on January 1, 2023, subject to the terms and conditions as set forth in this Resolution, and shall remain effective unless otherwise repealed according to Colorado law; provided, however, that the provisions of this Resolution calling for an election on the ballot measure set forth in Exhibit A, which is incorporated herein by this reference, shall take effect immediately upon the passage of this Resolution by the Board.

MISCELLANEOUS

22. Statutory References. Unless otherwise referenced, all statutory citations in this Resolution shall be construed to refer to the Colorado Revised Statutes, referred to as C.R.S., and as the same may be from time to time amended.

23. Amendments. Unless otherwise required by Colorado law, the provisions of this Resolution may be amended by resolution of the Board of County Commissioners.

24. Severability. If any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution. It is the intention of the Board that the various parts of this Resolution are severable.

APPROVED AND ADOPTED this 6th day of September 2022.

BOARD OF COUNTY COMMISSIONERS ARCHULETA COUNTY, COLORADO

Alvin Schaaf, Chairman

ATTEST

Kristy Archuleta, County Clerk and Recorder

EXHIBIT A

BALLOT ISSUE & TITLE

SHALL ARCHULETA COUNTY TAXES BE INCREASED $6,525,000.00 ANNUALLY (FIRST FULL FISCAL YEAR DOLLAR INCREASE) BEGINNING JANUARY 1, 2023, AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY INCREASING THE COUNTY SALES TAX RATE BY ONE AND A HALF PERCENT (1.5%), (WHICH REPRESENTS A 1 AND ½ CENT INCREASE ON EACH ONE DOLLAR PURCHASE), WITH PROCEEDS FROM SUCH SALES TAX INCREASE BEING DIVIDED FIFTY PERCENT (50%) TO ARCHULETA COUNTY AND FIFTY PERCENT (50%) TO THE TOWN OF PAGOSA SPRINGS; AND TO BE USED BY ARCHULETA COUNTY TO IMPROVE THE SAFETY OF ROADS, BRIDGES AND INFRASTRUCTURE IN ARCHULETA COUNTY, TO CONSTRUCT AND MAINTAIN NEEDED ARCHULETA COUNTY CAPITAL PROJECTS AND IMPROVEMENTS, AND TO COVER THE GROWING COSTS OF PROVIDING EXISTING AND NEW SERVICES TO THE CITIZENS OF ARCHULETA COUNTY; AND TO BE USED BY THE TOWN OF PAGOSA SPRINGS TO IMPROVE THE SAFETY OF ROADS, BRIDGES AND INFRASTRUCTURE WITHIN THE TOWN OF PAGOSA SPRINGS, TO CONSTRUCT AND MAINTAIN NEEDED TOWN OF PAGOSA SPRINGS CAPITAL PROJECTS AND IMPROVEMENTS, AND TO COVER THE GROWING COSTS OF PROVIDING EXISTING AND NEW SERVICES TO THE CITIZENS OF PAGOSA SPRINGS; AND SHALL THE REVENUES FROM SUCH TAX INCREASE AND ANY INVESTMENT INCOME EARNED FROM SUCH REVENUE BE COLLECTED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE UNDER SECTION 20 OF ARTICLE X OF THE COLORADO CONSTITUTION; ALL IN ACCORDANCE WITH THE ARCHULETA COUNTY BOARD OF COUNTY COMMISSIONERS’ RESOLUTION 2022- ?

YES _____

NO _____

Published September 15, 22, 29 and October 6, 2022 in The Pagosa Springs SUN.


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