THIRTEENTH JUDICIAL DISTRICT COURT
COUNTY OF VALENCIA
STATE OF NEW MEXICO

D-1314-CV-2023-00696

VILLAGE OF LOS LUNAS,
Petitioner,

vs.

THOMAS P. TINNIN and JAIME G. TINNIN, as Trustees of the Tinnin Trust Declaration, Dated March 28, 2006, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF VALENCIA, PROPERTY TAX DIVISION OF THE TAXATION AND REVENUE DEPARTMENT OF THE STATE OF NEW MEXICO and ALL UNKNOWN OWNERS OR CLAIMANTS OF THE PROPERTY INVOLVED,
Respondents.

NOTICE OF PRELIMINARY ORDER OF ENTRY
AND NOTICE OF CONDEMNATION

TO THE ABOVE-NAMED DEFENDANTS, AND EACH OF YOU:
You, and each of you, are hereby notified that the Court has granted the Petitioner a Preliminary Order of Entry to immediately enter and occupy the property described below and to do such work thereon as may be required, and that unless you file objections thereto within ten (10) days after personal service of this Notice upon you, or within three (3) days after the last date of publication of this Notice, if you are not personally served, the Court shall enter a Permanent Order of Entry, restraining you forever from hindering or interfering with the occupation and use of the property; and further, that all proceedings subsequent to the Permanent Order of Entry shall deal only with the amount of compensation due to you for the taking of the property.

You, and each of you are hereby further notified that a Petition to condemn property has been filed against you with the Clerk of the District Court of Valencia County, New Mexico, in which county the property, or a part thereof, is located, and which the property is generally described as:

A certain parcel of land situated in Projected Section 32, Township 7 North, Range 2 East, New Mexico Principal Meridian, Valencia County, New Mexico, in the San Clemente Grant, comprising a portion of Tract B of the Lands of Charles Lawrence, as the same is shown and designated on the plat thereof, filed in the office of the County Clerk of Valencia County, New Mexico in Packet 80, Page 26, with no filing date shown and being more particularly described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances as follows:

BEGINNING at the southwesterly corner of the parcel described herein, said corner being the same southwesterly corner of said Tract B and being 99.50 feet right of the Los Lunas East-West Corridor Survey/Construction Centerline P.O.T. Sta. 59+72.80, NMP# A300961/PCN A300961, Valencia County, State of New Mexico, WHENCE a found 3.25 BHI Control Aluminum Cap on a #5 rebar stamped “BHI 1937401″ bears North 55° 08′ 51” West a distance of 3894.49 feet;

THENCE along the westerly line of the parcel described herein and along the westerly line of said Tract B North 19° 18′ 29″ East a distance of 250.22 feet to the northwesterly corner and a point along the present (2022) westerly right-of-way line of M.R.G.C.D Los Lunas Acequia;

THENCE along the northerly line of the parcel described herein the following three (3) courses:

1. South 70° 16′ 38″ East a distance of 60.06 feet to a point along the present (2022) easterly right-of-way line of M.R.G.C.D. Los Lunas Acequia, continuing along the same northerly line of the parcel described herein a distance of 11.48 feet to an angle point for a total distance of 71.54 feet;

2. THENCE South 81° 20’16” East a distance of 1799.89 feet;

3. THENCE South 80° 14′ 51″ East a distance of 59.60 feet to the northeasterly corner;

THENCE along the easterly line of the parcel described herein and along the easterly line of said Tract B South 32° 15′ 37″ West a distance of 224.25 feet to the southeasterly corner;

THENCE along the southerly line of the parcel described herein and along the southerly line of said Tract B the following three (3) courses:

1. North 76° 11′ 23″ West a distance of 1034.40 feet;

2. THENCE North 87° 04′ 23″ West a distance of 442.70 feet;

3. THENCE South 88° 32′ 37″ West a distance of 337.30 feet to a point along the said present (2022) easterly right-of-way line of M.R.G.C.D. Los Lunas Acequia, continuing along the southerly line of the parcel described herein 61.00 feet to the said present (2022) westerly right-of-way line of M.R.G.C.D. Los Lunas Acequia, continuing along the southerly line of the parcel described herein 23.70 feet to the POINT OF BEGINNING for a total distance of 422.00 feet.

Parcel Contains ± 7.1333 acres (310,725 Sq. Ft.), more or less.

LESS AND EXCEPT 0.3215 Acres of M.R.G.C.D. Los Lunas Acequia described as follows:

A certain parcel of land situated in Projected Section 32, Township 7 North, Range 2 East, New Mexico Principal Meridian, Valencia County, New Mexico, in the San Clemente Grant, comprising a portion of M.R.G.C.D. Los Lunas Acequia, as the same is shown and designated on the M.R.G.C.D. map thereof filed in the office of the County Clerk of Valencia County, New Mexico on January 28, 1957 in Book 2, Page 23 project 163-518-3691 and being more particularly described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances as follows:

BEGINNING at the northwesterly corner of the parcel described herein, said corner being a point along the present (2022) westerly right-of-way line of said M.R.G.C.D. Los Lunas Acequia and a point along the westerly line of said Tract B and being 150.57 feet left of the Los Lunas East-West Corridor Survey/Construction Centerline P.O.T. Sta. 59+81.47, NMP# A300961/PCN A300961, Valencia County, State of New Mexico, WHENCE a found 3.25″ BHI Control Aluminum Cap on a #5 rebar stamped “BHI 1937401″ bears North 58° 45′ 05” West a distance of 3835.02 feet;

THENCE leaving said present (2022) westerly right-of-way line of said M.R.G.C.D. Los Lunas Acequia South 70° 16′ 38″ East a distance of 60.06 feet to the northeasterly corner and a point along the present (2022) easterly right-of-way line of said M.R.G.C.D. Los Lunas Acequia;

THENCE along the said present (2022) easterly right-of-way line of said M.R.G.C.D. Los Lunas Acequia the following two (2) courses:

1. South 17° 04′ 24″ West a distance of 184.69 feet to a point of curvature;

2. THENCE along the arc of a curve to the left, having a central angle of 32° 58′ 54″, having a radius of 65.49 feet, a chord bearing of South 00° 34′ 58″ West a distance of 37.18 feet and an arc distance 37.70 feet to the southeasterly corner and a point along the southerly line of said Tract B;

THENCE leaving the said present (2022) easterly right-of-way line of said M.R.G.C.D. Los Lunas Acequia and along the southerly line of the parcel described herein South 88° 32′ 37″ West a distance of 61.00 feet to the southeasterly corner and a point of curvature along the said present (2022) westerly right-of-way line of said M.R.G.C.D. Los Lunas Acequia;

THENCE along the said present (2022) westerly right-of-way line of said M.R.G.C.D. Los Lunas Acequia the following two (2) courses;

1. Along the arc of a curve to the right, having a central angle of 26° 00′ 47″, having a radius of 125.49 feet, a chord bearing of North 04° 04′ 00″ East a distance of 56.49 feet and an arc distance of 56.97 feet;

2. THENCE North 17° 04′ 24″ East a distance of 187.46 feet to the Point of Beginning.

Parcel Contains ± 0.3215 acres (14,003 Sq. Ft.), more or less.

Parcel 5-1 contains ± 6.8118 Gross Acres (296,722 Sq. Ft.), more or less, of which 1.5562 Acres (67,788 Sq. Ft.) are comprised of right-of-way by use and maintenance and claimed by Valencia County as existing right-of-way within Parcel 5-1, for a Total Net Area of 5.2556 Acres (228,934 Sq. Ft.), more or less.

And the above property is more particularly described and shown in the Petition on file in this cause, and that such project has been designated the Los Lunas I-25 Interchange and East – West Corridor, in Los Lunas, Valencia County, New Mexico.

You, and each of you, are hereby further notified that the amount alleged to be just compensation has been deposited by the Petitioner with the Clerk of the District Court and a portion or all of the amount offered may be withdrawn by a person having an estate or interest in the property particularly described in the Petition on file in this cause after the expiration of the time for the filing of an answer. This withdrawal may be made only by order of the Court upon proper motion.

You, and each of you, are hereby commanded to file and serve an answer, as provided by law, to the Petition on file herein within thirty (30) days after service of this Notice on you or, if you were not personally served, within thirty (30) days after the last date of publication of this Notice. Unless you so appear and answer, the Petitioner will apply to the Court for default judgment as provided by law. This judgment will fix the amount of compensation due to you for the condemnation of the property at the amount offered and deposited by the Petitioner.

The name and address of the attorney for Petitioner is: Laurence P. Guggino, Jr., GRIEGO & GUGGINO, P.O. Box 2430, Los Lunas, NM 87031.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the District Court of Valencia County, New Mexico, this 8/23/2023.

(SEAL)
PHILLIP ROMERO
Clerk of the District Court

By: /s/ Marlen Casillas
Deputy

Published in the Valencia County News-Bulletin 31st August, 7th September, 2023

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