Newspaper Archive of
The Saguache Crescent
Saguache , Colorado
October 24, 2013     The Saguache Crescent
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October 24, 2013

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Our 134th Year I IF ....... ii-r"   ......... TOWN OF SAGUACHE LIST OF BILLS AUGUST General Fund 8,722.34 General Fund 2,214.28 Extreme Graphics 456.61 SLV Power Radio 24.00 Gobin's, Inc. 40.00 Gobin's, Inc. 12.85 Scott Office Products 872.74 Saguache Crescent 46.15 Saguache Crescent 71.15 Saguache Town Market 42.24 Saguache Town Market 9.23 ,Frank Garcia 15.00 SLV Regional Solid Waste 22.60 CarQuest Center Parts Store 77.46 Valley Lumber 23}.20 Center Tire Store 361.78 'Haynie's, Inc. 56.98 Monte Vista COOP 35.14 Wilbur-Ellis Company 958.00 Southeastern Security Cons. 74.00 ONYX Website 294.00 ONYX Websites 294.0 Daniel J. Pacheco 1,082.47 David E. Martinez 1,071.05 Miracle T. Gomez 802.73 Theresa A. Garcia 1,109.58 WEX Bank Sinclair 559.57 WEX Bank Sinclair 163.36 WEX Bank Phillips 66 99.42 Vectra Bank 45.30 Veetra Bank 161.82 SLV HMO 540.97 SLV HMO 55.00 Stove's Tire & Auto 60.0 Valley Fire Protection 234.0[} Impresso 75.80 Accutest Mountain State3 102.00 Xcel Energy 1,363.84 Xcel Energy 317.09 Xeet Eneryy 2,223.42 Xcel Energy 14.35 Xcel Energy 18.56 Front Range Research 5,498.90 Cash 30.00 Cash 30.00 Century Link 221.43 Century Link 76.40 Century Link 85.16 Sauache County Sheriff 1,176.88 Williams Erineering 1,420.00 Williams Engirmering 1,030.30 Darnel J. Pacheco 973.25 David E. artine'z 964.45 Miracle T. Gamez 822.60 Lindy C. McDaniel 27.71 Tberese A. Garcla 1,046.66 IRS USA Tax Payment 2,570.46 Eugene L. Farish, PC 1,g50.00 Conour SLV Animal Shelter 165.00 uthern Colo. Water Oper. 250.00 TREASURER'S NOTICE ON REQUEST FOR TAX DEED NOTICE OF PURCHASE OF ESTATE AT TAX LIEN SALE AND OF APPLICATION FOR ISSUANCE OF TREASURER'S DEED To Every Person in Actual Pos- session or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name fhe same was Tax- ed or .Specially Assessed, and to all Persons having an interest or Title of Record in or to the said Premises and To Whom It May Concern, and more especially to Elma R. Townes, Billy M. Townes, Jr. (deceased 1, Debra Ann Townes. You and each of you are here- by notified that on the 12t'h day of November, A.D. 2010 the then County Treasurer of the County of Saguache, in the Stat:e of Colorado, sold at public tax lien sale to T. Suomi the follow- ing described real estate situate in the County of Saguache, State of Colorado, to-wit: Lo 1425, The Baca Grande Grants Unit I and Lot 1424, The Baca Grande Grants Unit I and said County Treasurer is- sued a certificate of purchase therefore to T. Suomi. That said tax lien sale was made to satisfy the delinquent taxes assessed against said real estate for said year 2009; That said real estate was tax- ed or specially assessed in the names Elma R. Townes, Billy M. Townes, Jr., Debra Ann Townes for said year 2009; Thai said T. Suomi, the pros- sent holder of said certificate, has made request upon the Treasurer of said County for a deed to said real estate; That a Treasurer's Deed will be issued for said real estate to the said T. Suomi at 9:00 o'clock A.M., on the 16th day of January, A.D. 2014, unless the same has been redeemed. Said property may be re- deemed from said sale at any time prior to the actual execu- tion of said Treasurer's Deed. Witness my hand this 25th day of September, A.D. 2013. Connie A. Trujillo County Treasurer of Saguache County First Publication: Oct. 10, 2013 Final Publication: Oct. 24, 2013 I learned to fiddle, I should hav done nothing else. --Jbert Ete The Saguacho Crescent I DISTRICT COURT, WATER DIVISION 3, STATE OF COLORADO TO: ALL PERSONS INTERESTED IN WATER APPLICA3 IONS FLL- ED IN WATER DIVIiION 3. Pursuant to C.R.S. 37-92-302(3), ycu are notified that the follow- ing is a resume in Water Divi- sion 3, containing notice of all ap- plications and amended applica- tions or requests fr correction filed in the office of the Water Clerk during the month of September, 2013 in Saguache County. The names and addresses of applicants, description of water rights or conditional water rights involved, and descri0tion of rul- ing sought, are as follows: Case No. 07CW054 Third Amended Application for Waetr Storage Al:ldication for Water Storage Change of Water Rights, Approval of Plan for Augmentation, Includ- ing Exchanges and Judicial Con- firmation of Year Round Use in Sagnache County. 1. Name, Address and Telephone Numb'r of Applicant: Orient Land Trus=t, Attn. Executive Director, P.O. Box 65, Villa Grove, CO 81155- 0065, (Richard J. Mehven, Patricia M. DeCh,ristoher, Moses, Witte- ,myer, Harrison and Woodruff, P.C., P.O. Box 1440, Boulder, CO 8C'30-1440, (303) 443-8782). Appli- cant amends its second am,ended .application in this matter to in- clude the following claim, in ad- dition to all claims made in the second amended application. VII. Judicial Confirmation of Year- Routed Use: A. Description of wa- ter right: 1. Namre ttot Springs Creek Ditch. 2. Original and relat- ed decres:: Original adju,dieation of water rights in former Water District 25, Saguaohe County, on March 23, 1890. Modified by Case No. 79CW36, District Court, Water Division No. 3, dated December 27, 1979, and Cae No. 88CW8, Dis- trict Court, Water Division No. 3, dated Oetvber 27, 1989. 3. Decreed point of diwrsion: A point in Hot Springs Creek in te NEW of Sec- tion 4, Township 45 North, Range 10 East, N.M.P.M., Saguache Co,unty, Colorado, which is appvox- .imately 2490 feet Suth and 1100 feet West of the Northeast corner of said Section 4. 4. Source: Hot Springs Creek. 5. Appropriaion date: May 1, 1871. 6. Amotlrtt: 3.96 ds, all of which is owned by applicant. 7. Decreed use: ir- rigation and non-consumptive rec- reational, ccmmerci=al, municipal an power generation. B. Histor- ical use: As part of the historical irrigation use of Applicant's sen- ior Hot Springs Creek Ditch wa- ter right described in Pvagraph IV.B. of .the application, the wa- ter right has historically been used for icing of the 194 acres on App H- cant's property generally depicted on Exhibit A during the non-irriga- tion season. C. Requested confir- marion: Applicant requests judic- ial confirmation of the year-round ue of its Hot Springs Creek Ditch water right on the 194 acres shown on Exhibit A, including icing of the meadows during the non-ir- rigation season. This claim is in- tended to preserve all historical ues of Applicant's Hot Springs Creek Ditch water right, except ,as changed herein. No expansion of use of the water right will oc- cur. The place and type of use will not cange, except for that amount to be changed as describ- ed .in Section IV of this applica- tion. (11 pages) THE WATER RIGHTS CLAIM- El) BY THESE APPLICATIONS MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIM- El) OR HERETOFORE ADJUDI- CATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED. YOU are further notified that you have until the last day of November, 2013, 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 or a protest to the re- quested correction. A cow of such a statement of opposition or protest must also be served upon the Ap- vlicant or the Applicant's attorney 'and an affidavit or certificate of such service must be filed with the Water Clerk. A $158.00 filing fee is required. PLEASE NOTE: WATER DI- VISION 3 HAS MANDATORY E- FILING FOR ALL PARTIES REPRESENTED BY AN ATTOR- NEY. You can review the complete applications or requests for cor- rection in the office of the Ala- mosa Combined Court, 702 Fourth St.. Alamosa, CO 81101. Witness my hand and seal of this Cotr t[s 10th day of Octo- ber, 2013. Seal smrey Clerk of the Court Alamosa Combined Courts Water Court Water Dwsion 3 702 Fourth Street Alamosa. CO 81101 l:ublivhed: October 24, 2013 Saguachc, Co|orado 81149 DISTRICT COURT, COUNTY OF SAGUACHE STATE OF COLORADO Case No. 2013C000, Ivision 3 SU00NS BY PUBIJCATION COMBINED NOTICE Plaintiff: Beirig,. Farms, LLC, PUBLICATION a Colorado limited liability com- CRS .38-38-103 party, as successor in interest to LSC South Central Colorado, LLC, FORECLOSURE SALE NO. 12-2013 a Colorado limited liability corn- To Whom It May Con-ern: This party Notice is given with regard to the v. following described Deed of Trust: Defendants: PEPPER FARMS, a On July 31, 2013, the trader-Colorado genecal partnership; COLBERT signed Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust des- cribeu below to be recordea in the County of Saguache records. Original Grantor(s): Ross J. Sis- heros Original Beneficiary(los): CitiFin- ancial Corporahon Current oi t,e Evidence of Debt: CitiFinancial Corparatmn Date of Deed of Trust: February 21, 2008 County of Recording: Saguache Recording Date ot Deed ot ITust: February 27, 2008 Recording Information (Reception Number) : 361135 Original Principal Amount: $66,001.08 Outstanding Principal Balance: $67,642.9 Pursuant to C.R.S. 38-38-101(4) (i), you are hereby notified that the covenants of toe deed of trust have been violated as follows: Failure to pay principal anti in- terest when due togemer wna all other payments provided tor in the Evidence of Debt secured t)y the Deed of Trust and order vio- lations thereof. THE LIEN FORECLOSED MAY you. Service of this summons NOT BE A FIRST LIEN. shall be complete on the day of The property to be foreclosed is: the last publication. A copy of Lot 48, Valle Vista Resubdi- vision, Town of Cenr, Sag- uache County, Colorado Also known by stree and number a: 48 Carona Ct., Center, CO 81125. THE PROPERTY DESCRIBED HEREIN IS ALL OF Tlilg PROPERTY CURKENIL ENCUMBERED BY THE LIEN OF THE DEED OF TItUST. NOTICE oF SALU The current Holder ot the Evi- dence of debt secured by the Deed of Trust descrioed aerem has filed Notice of Election anti Demand for Sale as prowaed ay law and in stud Deed ot Trust. THEREFORE, NoUce Is Hereby Given that I will at public aucuon, at 10:00 a.m. on Taursaay, November 21, 2013, at the Pubhc Trustee's Office, 501 4ta Street, Saguache, Colorado sell to me lnglmst and best bidder for casa, me said real property and all m- /crest of the sma Grantor(s), Grantor(s)' heirs and asstgns merem, ior the purpose ot pay- Lug the indebtedness provideti in stud Evidence of DeDt secured by the Deed of Trust, plus at- torneys' tees, the expeases of sale, and other items auowed by law, and will issue to the pur- chaser a Certificate of Purchase, all as provided by law. First Publication: September 26, 2013 Last Publication: October 24, 2013 Name of Publication: aguacae Crescent IF THE SALE DATE IS CON- TINUED TO A LATER DATE, THE DEADLINE TO FILE A NO- TICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTEND- ED; DATE: July 31, 2013 Conme A. 'rrujillo Public Trustee m and for the County of tlaguacae State of Cotoraao By: Conme A. Trujillo Public Trustee The name, addre, business tel- phone number and bar registra- tion number of the attorney(s) rep- resenting the legal holder of toe indebtedness is: Amnowitz & Mecklenburg, L.L.P. 1199 Bannock Street Denver, CO 80"204 (303) 813-1177 Attorney File # 1065.00625 The Attorney above is acting as a debt collector and is attempting to collect a debt. Any imorma- flon provided may be used for that purpose. Birthdays VAN L. PEPPER; PEPPIer; VAN L. PEPPER and COLBERT PEPPER, doing bus- iness as PEPPER FARMS a part- nership; RON ERIC PEPPER; and J.L. BASSET, SR.; and any .ant( all unknown persons who may claim any interest in the subject matter of this action through: Pepper Farms, a Colorado gen- eral partnership; Van L. Pepper; Colbert Pepper; Van L. Pepper and Colbert Pep,par, doing busi- n'ess as Pepper Farms, A part- nership; Ron Eric Pepper; and J.L. Basset, Sr.; and any and all unknown persons who may claim any intest in the subject matter of this action. THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE- NAMED DEFENDANTS: You are hereby summoned and required to appear and defend a- gainst the claims identified in 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 res- ponse within 35 days after the service of this summons upon Bryan Coombs on Oct. 26th Jennifer Alexander on Oct. 26 Grace Calhoun on Oct. 27th Ron Hansen on Ot. 28th Brandon Lovato on Oct. 29th Al King on Oct. 29th Pat Baker on Oct. 29th Dwight A. Irwin on Oct. 29th Glen Lovato on Oct. 30th Thais Carvalho on Oct. 31st the Complaint may be obtained from the Clerk of the Court. If you fail to file your answer or other response to the Com- plaint in witing within 35 days after the date of the last publi- cation, judgment by default may be rendered against you bv the Court for the relief demanded' in e Complaint without further no- tice. This is an action to quiet . title of the Plaintiff in and to the ,rest prp situated in Saguache Cotmty, Colordo, more particular- ly described on Etibit A attache hereto and by this reference made a part hereof. EXHIBIT A LFAAL DESCRIPTION PARCEL 1: That part of the SEV4SEV4 of Sec- tion 32, Township 41 North, Range 8 Fst of the N.M.P.M, dcribed as follows: Beginning at the South- west corner of the tract herein described, which corner is located at a point on the North limi:t of Central Avenue of the Bassett Ad- dition, Center, Colorado, whence the Northeast corner of Block 4 of said Bassett Addition bears South, 50.0 feet distant; thence East 320.00, aloag the North limit of said Central Avenue to Thursday, &e Southeast comer of the taet herein described; thence North 45.66 feet at a right angle to Central Avenue, thence Northwest- erly, 228.05 feet parallel to the Farmers Union Canal, which is lso known as the San Luis Voi- le T Irrigation District Canal, to the Northeast corner of the tract herein described; thence West 158.35 feet parallel to and 206.54 feet North of the North limit of said Central Avenue, to the North- west corner of e tract heroin described; thence South 206.54 feet, ,at a right angle to said Central Avenue, to the Point of Beginning, PARCEL 2: Commencing at a point where the West boundary of the Farmers Union Canal intersects with the Southeast corner of a tract here- tofore conveyed to the Grater Park Association; thence West 125 feet; tence South 136 feet; thence East to the West boundary of said' Union Canal; thence Northwesterly along the West boundary of the Farmers' Canal to the Point of Beginning, lying in the SEV4, of Section 32, Township 41 North, Range 8 East of the N.M.P.M., as describad in Decree in Quiet Title Action re- corded August 5, 1986 in Book 431, Page 405, PARCEL 3: A tract of land located in the SWV4 SE, of Section 32, Township 41 North, Range 8 East, of the N.M. P.M., more particularly daseribed as metes and bounds as follows: Beginning on the S corner of Section 32; thence North 796.24 feet; thence East 1249.50 feet; thence South 30.00 feet to the Point of Beginning; thence East 150.00 feet; thence South 206.00 feet; thence West 150.00 feet; thenc North 206.00 feet to the Point of Beginning, PARCEL 4: Lots 1 and 19, in Block 4, Bas- setts Subdivision in the Town of Center, PARCEL 5: Beginning at a point 766.24 feet North and 1475.02 feet east of the Southwest corner of the SEV, of S-vction 32, Township 41 North, Range 8 East of the N.M.P.M.; thence East 150 feet; thence South 206 feet; thence West 150 feet; thenc North 20 feet to the Place of Beginning, PARCEL 6: All of Block 5 of the Bassett Subdivision in the Town of Center, Together with that certain vacated alley as fried for record June 2, 1958, in Book 293, Page 15, of tim Saguache County records by res- olution of the Board of County Commissioners, all in the County of Saguache, State of Colorado. Dated September 16, 2013 Published in the Saguache Cres- cent. First Publication: Sept. 26, 2013 Last Publication: Oct. 24, 2013 HAMILTON FAATZ, PC Clyde A. Faatz, Jr., #378 Ashleigh P. Mon, #42988 5105 DTC Parkway, Ste. 475 Greenwood Village, CO 80111 Ph: 303.830.00)/FAX: 203.860.7855 OC'1"(,=5i 24, 2013 Flood Insurance Avaihble Saguache County has joined over 21,000 communities nationwide that are allowed to purchase federally backed flood insurance.  a- vailability follows the commun- ity's adoption and enforcement of ordinances to reduce flood losses and acceptance by the National Flood Insurance Program (NFIP). Saguache County is now a par- ticint in the NFIP effective on September 18, 2013. Residents of Saguaelte County will be able to purchase flood insurance up to the limits under th.e Emergency Phase of e program. However, there =is a 30-day waiting period before flood insurance coverage goes into ffect. For single family dwelling, the building coverage li- mit  $35200 and the contents coverage limit is $10,000. Renters can also protect their belongings by purcaasing contents coverage. For commercial properties, the building and contents coverage li- mits are both $100,000. HiSser li- mits of coverage will be avail- able after the initial Exnergeney Phase. Lenders must require borrowers whose p rc?erties are located in a designated flood hazard area to purchase flood insurance a a con- dition of receiving a federally backed mortgage loan in accor- dance with the Federal Disaster Protection Act of 1973. The NFIP is implemented thro- ugh the Federal Emergency Man- agement Agency. There are over 5.5 rmilion flood insurance poli- ci- in more than 21,000 partici- pating communities nationwide. Notice of Budget Notice is hereby given that: a proposed budget has been submit- ed to the Board of Trustees of the Town of Saguache for the en- suing year of 2014; a copy of suca proposed budget has been fil- ed in the office of the Town Clerk of Saguache, where the same is open for public inspection; such proposed budget will be consider- ed at a special session of the Board of Trustees of the Town of Sagua- che to be held at 50 San Juan Avenue, Saguache Colorado on De- cember 3rd, 2013 a Public Hear- ing at 6:45 p.m., Adoption of Bud- get at 7:00 p.m. Any inm, ested elector of the Town of Saguache may inspect the proposed budget and file or register any objections thereto at any time prior to the final adop- tion of the budget. Kate Vash.a, Mayor The.ese Garcia, Town Clerk Dat'd: October 17, 2013 Published: October 24, 2013 Use Your Library Monday, Tuesday, Wednesday 9:00 a.m. to 6:00 p.m. Thursday - 9:00 a.m. to 8:00 p.m. Friday, Saturday - t0:00 a.m. to :00 p.m. Clos Sunday NOTICE Date of Notice: October 15, 2013 NOTICE OF CHANGE IN TARIFFS ON LESS THAN 30-DAYS NOTICE Atmos Energy Corporation ("Atmos Energy") 1555 Blake Street Denver, CO 80202 You are hereby notified that At- Class of Service by Division Northwest/Central Colorado* Residential Small Commercial, Commercial Public Authority Transportation Northwest/Central Colorado* Residential Small Commercial, Commercial Public Authority Northwest/Central Colorado* Residential Small Commercial, Commercial Public Authority mos Energy has filed with the Co- lorado Public utilities Commission of the State of Colorado ("PUC"), in compliance with the Public Util- ities Law, an application for per- mission to file certain changes in tariffs, affecting all residential, commercial, interruptible and oth- er consu, mers in its Colorado divi- sions to become effective Nov,em- ber 1, 2{)13, if the application is granted by the PUC. The purpose for this filing is to change rates by revising the Com- pany's existing gas cast adjust- mere tariff to reflect changes in the rates charged Atmos Energy by its suppliers for natural gas purchases. The present and pro- posed natural gas rates are as ?ollows: Present Rates Total Volumetric $0.66277 0.62547 0.62547 0.11815 Average Monthly Bill $ 59.03 297.33 279.05 Prior Year's Peak Winter M.nth Bill $123.32 587.06 586.78 Proposed Ratest Percentage Change Total Volumetric $0.67697 2 % 0.6367 2 % 0.63S67 2% 0.11799 0 % Projected Average Percentage Monthly Bill Change $ 60.07 2% 285.13 2 % 284.85 2% Projected Peak Winter Percentage Month Bill Change $125.73 2% 599.84 2% 599.56 2 % *Notification Published in our Northwest/Central Rate Area Newspapers EXhibit 9 The proposed and present rates ar tariffs are available for ex- amination at the business office of Atmos Energy Corporation lo- cate at 1555 Blake Street, Suite 400, Denver, Colorado, or at the Public Utilities Commisssin at 1560 Broadway, Suite 250, Denver, Colorado 802{. Anyone who desires may either Rita O'Dell on Nov. 1st file written objection or seek to .... intervene as a party in this filing. The man who has never made a If you only wish to object to the fool of himself in love will never ,proposed action, you may file a e wise in love. --Theodore Reik written objection with the Commis- Variety is the soul of pleasure, sion. The filing of a written ob- --Aphra Behn jection by itself will not allow you to participate as a party in any precceding on the proposed ac- tion. If you wish to participate as a party in this matter, you must file written intervention 6:on- ments under the Commission's rules. Anyone who desires to file writ- ten objection or written interven, tion cocuments to the propos:d ac- tion shall file them with the PUC, 1560 Broadway, Suite 250, Denver, Colorado 80202 at least one day before the proposed effective date. Members of the public may at- tend any hearing and may make a statement under oath about pro- posed change whether or not a written objection or request to intervene has been filed. Atmos Energy Corporation has filed a separate gas purchase re- port in accorchnce with Rule 4607 of the Commission's Rules Regu- lating Gas U.ilities and Pipeline Operators to begin the initial pru- dence review evaluation for the gas purchase year ended June 30, 2013. Arm,s Energy Corporation Colorado-Kansas Division By: GaTy W. Gregory President Publishi: October H, 2013