Legals - April 1, 2010

Apr 01, 20100

NOTICE OF A CONDITIONAL USE HEARING

The public is notified of a hearing requested by DeAtley Crushing Company before the Board of Adjustment on Thursday, April 15, 2010, at 7:00 PM in the Public Service Building, 1st floor auditorium, N. 310 Main St., Colfax, Washington.

The applicant is requesting a Conditional Use Permit for the following project:

DeAtley Crushing Company is proposing to operate a temporary, portable asphalt batch plant at the Redinger (Entel) Quarry located NW of Colton, approximately 1/2 mile south of the intersection of N. Meyer Road and SR 195, on the west side of SR 195, in the NW 1/4 of the SE of Section 20, Township 13 N., Range 45 E., W.M., Whitman County, Washington.

A public hearing was scheduled for this request on March 25, 2010 which had to be rescheduled for April 15, 2010.

Persons requiring ADA accommodation should advise us of that need. Interested persons may submit written comments regarding the proposed zoning action to the County Planning Office, P.O. Box 430, Colfax, WA 99111-0430, (fax) 509-397-6210, before 4:00 PM on Thursday, April 15, 2010.

Date: Tuesday, March 30, 2010

Iris Mayes

Assistant County Planner

NOTICE OF PUBLIC HEARING FOR A VARIANCE

The public is notified of a hearing for Maverick Properties represented by Guy Williams before the Board of Adjustment on Thursday, April 15, 2010 at 7:00 p.m. in the Public Service Building, 1st floor auditorium, N. 310 Main Street, Colfax, Washington.

The applicant is requesting a variance from the North Pullman-Moscow Corridor District Setback code Section 19.15.070 Front Setbacks: the SR 270 setback shall be 35 feet from the north right-of-way line.

The 3.5-acre site is located at 6052 SR 270 in Section 2, Township 14N., Range 45E., W.M. Whitman County, Washington. The applicant wishes to replace two storage units that were removed when SR 270 was widened.

Interested persons may submit signed written comments to Whitman County Planning, P.O. Box 430, Colfax, WA 99111-0430, before 4:00 p.m. on Thursday April 15, 2010; or fax comments to (509) 397-6210; or attend the hearing. For more information, contact Alan Thomson, County Planner, at (509) 397-5211. Persons requiring ADA accommodation should advise us of that need.

Date: Tuesday, March 30, 2010

Iris Mayes

Assistant County Planner

HEARING NOTICE

NOTICE IS HEREBY GIVEN that the Whitman County Commissioners will, on Monday, April 19, 2010, at 10:45 a.m., conduct a public hearing in their Chambers, Whitman County Courthouse, Colfax, WA to consider revisions to the Whitman County Agricultural District, Chapter 19.10 of the Whitman County Code, allowing two houses to be included on one parcel of land.

A complete text of the proposed revisions is available by calling 397-5240.

Upon receiving 24 hours’ advance notice, the County will make arrangements to reasonably accommodate the needs of special groups of citizens, including those physically disabled or otherwise impaired by calling (509) 397-5240 if such assistance is needed.

Accommodations for the disabled are accessible at the east entrance (Mill Street) to the County Courthouse.

Maribeth Becker, CMC, Clerk of the Board

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN in accordance with the Revised Code of Washington, Chapter 36.77.070 that the following projects have been completed by Day Labor Construction:

Blackwell Bridge, C.R.B.P. No. 4470-01.75(2)

This project provided for the replacement of the Blackwell Bridge with a 28 foot wide, 25 foot long prestressed concrete superstructure on a steel substructure for a total cost of $99,657.95.

Coman Bridge, C.R.B.P. No. 2050-01.71(3)

This project provided for the replacement of the Coman Bridge with two 44 foot long, 72 inch culverts for a total cost of $23,491.60.

Long Bridge, C.R.B.P. No. 1090-01.04(1)

This project provided for the replacement of the Long Bridge with a 28 foot wide, 25 foot long prestressed concrete superstructure on a steel substructure for a total cost of $118,517.14.

Cherry Creek Road, C.R.P. No. 4150-4

This project provided for the bituminous surface treatment of the Cherry Creek Road from milepost 0.00 to milepost 0.17 for a total cost of $10,660.35.

Swannack Road, C.R.P. No. 4060-2

This project provided for the bituminous surface treatment of the Swannack Road from milepost 2.30 to milepost 2.35 for a total cost of $6,714.53.

Pleasant Valley Bridge, C.R.B.P. No. 3500-04.53(2)

This project provided for the replacement of the Pleasant Valley Bridge with a 23 foot wide, 70 foot long box culvert for a total cost of $284,596.48.

DATED this 29th day of March, 2010.

Maribeth Becker, CMC, Clerk of the Board

MEETING CANCELLATION NOTICE

The April 27, 2010 regular meeting of the Whitman County LEOFF I Board has been canceled.

The next regular meeting of the Board will take place May 18, 2010 at 10:00 a.m. in the Whitman County Commissioners’ Chambers.

Maribeth Becker, CMC, Clerk of the Board

TOWN OF GARFIELD

TOWN COUNCIL

PUBLIC HEARING NOTICE

April 14, 2010 7:00 PM

Garfield Town Hall

405 W California

The Town of Garfield will hold a Public Hearing on Wed, April 14, 2010, at 7:00 pm, at the Garfield Town Hall, 405 W California. This public hearing is to consider consolidation of agricultural zones, changes to the lots sizes in the agricultural zones, and changes to zoning code definitions, outright uses, conditional uses, and FI-2 setback requirements.

Additional information can be obtained at Town Hall during normal business hours.

If you have any comments or objections, please be present at the Public Hearing or prior to the hearing submit your written comments to – Garfield Town Hall, P.O. Box 218, Garfield, WA 99130 – email: [email protected].

If you have any questions regarding this matter, please contact 635-1604.

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE OF

JOHN O. FEISTNER,

Deceased.

NO. 10-4-00033-5

PROBATE NOTICE TO

CREDITORS

(RCW 11.40.030)

The Personal Representative named below has been appointed as Personal Representative of this Estate.

Any person having a claim against the decedent must before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court. The claim must be presented within the later of: (1) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(3); or (2) four months after the date of first publication of the notice.

If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in Section 11 of the Sessions Laws of Chapter 252, Sessions Laws of 1997 and RCW 11.40.060.

This bar is effective as to claims against both the decedent’s probate and nonprobate assets.

DATE OF FIRST PUBLICATION: April 1, 2010

PERSONAL REPRESENTATIVE: BRENDA L. COLYAR

ATTORNEYS FOR PERSONAL REPRESENTATIVE: LIBEY, ENSLEY & NELSON,PLLC

ADDRESS FOR MAILING OF SERVICE:

P.O. Box 619

North 409 Main Street

Colfax, WA 99111-0619

Telephone: 509-397-4345

DETERMINATION OF

NONSIGNIFICANCE

AND ADOPTION OF EXISTING

ENVIRONMENTAL DOCUMENT

Description of current proposal: REPLACE AN EXISTING 4" STEEL LEADED JOINT PIPE WITH A NEW 8" SERVICE MAIN FOR APPROX. 2,100 LINEAL FEET FROM CALIFORNIA ST. TO PARKER AVE (8" EQUIVALENT HDPE PIPE ACROSS SCHOOL BALLFIELD).

Proponent: TOWN OF GARFIELD

Location of current proposal: 2ND STREET FROM CALIFORNIA STREET TO PARKER STREET; T18N, R45 EWM, SECTION33, GARFIELD, WA 99130

Title of document being adopted: ENVIRONMENTAL ASSESSMENT; FONSI, FLOODPLAIN PERMIT

Date adopted document was prepared: EA 9/8/09; FONSI 9/10/09; FLOODPLAIN PERMIT 9/18/09

Description of document (or portion) being adopted: NEPA ENVIRONMENTAL ASSESSMENT ATTACHMENT 6-F (1); NEPA FONSI ATTACHMENT 6-J(1); TOWN OF GARFIELD FLOODPLAIN PERMIT NO. FC2009-01

If the document being adopted has been challenged (WAC 197-11-630), please describe:

NOT CHALLENGED

The document is available to be read at (place/time): TOWN OF GARFIELD TOWN HALL, 405 W CALIFORNIA, GARFIELD, WA 99130, M-F 9 AM – 5 PM; 2ND/4TH WEDNESDAY 12:00 – 7:00 PM

The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request.

XX There is no comment period for this DNS.

This DNS is issued under WAC 197-11-340(2); the lead agency will not act on the proposal for 14 days from the date below. Comments must be submitted by .

We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decision maker.

Name of agency adopting document : TOWN OF GARFIELD

Contact person, if other than responsible official: ANNIE PILLERS,

Phone: 509-635-1604

Responsible official: JARROD PFAFF

Position/title: MAYOR, TOWN OF GARFIELD

Phone: 509-635-1604

Address: PO BOX 218, 405 W CALIFORNIA, GARFIELD, WA 99130-0218

Date: March 31, 2010

Signature: JARROD PFAFF

SUPERIOR COURT OF

WASHINGTON FOR WHITMAN COUNTY

Estate of:

TERRY M. SCHELL,

Deceased.

No. 10-4-00028-9

NOTICE TO CREDITORS

The personal representative named below have been appointed as personal representative of this estate.

Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the personal representative or the personal representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court. The claim must be presented within the later of: (1) Thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(3); or (2) four months after the date of first publication of the notice.

If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060.

This bar is effective as to claims against both the decedent’s probate and nonprobate assets.

Kathrine J. Casey

Personal Representative

First publication: March 25, 2010.

Attorney for Personal Representative:

Stephen Bishop (WSBA #6514)

BISHOP LAW OFFICE

Box 337

Garfield, Washington 99130

Telephone: (509) 635-1551

SURPLUS SALE

Endicott SCHOOL DISTRICT

Endicott School District has declared a 1999 Chevy, 30 passenger school bus as surplus and will sell to the highest bidder. Sealed bids must be received by noon on Thursday, April 22nd , 2010 at: Endicott School, 308 School Drive, Endicott, WA 99125. Please mark SEALED BID. For information call: Gail Larson at the Endicott bus garage 509-657-3513.

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

IRVING M. FIELD,

Deceased.

NO. 10-4-00023-8

PROBATE NOTICE TO

CREDITORS

(RCW 11.40.030)

The Personal Representative named below has been appointed as Personal Representative of this Estate.

This bar is effective as to claims against both the decedent’s probate and nonprobate assets.

DATE OF FIRST PUBLICATION: MARCH 18, 2010

PERSONAL REPRESENTATIVE: CHRISTINA L. KINCAID

ATTORNEYS FOR PERSONAL REPRESENTATIVE: LIBEY, ENSLEY & NELSON, PLLC

ADDRESS FOR MAILING OF SERVICE:

P.O. Box 619

North 409 Main Street

Colfax, WA 99111-0619

Telephone: 509-397-4345

SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE

In the Matter of the Estate of:

JEANETTE T. WEBER,

Deceased.

NO. 10-4-00323-3

PROBATE NOTICE TO

CREDITORS

RCW 11.40.030

The Personal Representative named below has been appointed as Personal Representative of this estate.

Any person having a claim against the deceased must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below, a copy of the claim, and filing the original of the claim with the Court in which the probate proceedings were commenced.

The claim must be presented within the later of: (1) thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); OR (2) four months after the date of first publication of the notice.

If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060.

This bar is effective as to claims against both the Decedent’s probate and non-probate assets.

DATE OF FIRST PUBLICATION: March 18, 2010.

PERSONAL REPRESENTATIVE: JOHN WM. WEBER

ATTORNEYS FOR PERSONAL REPRESENTATIVE:

LUKINS & ANNIS, P.S.

MARTIN G. WEBER

WSBA # 04475

ADDRESS FOR MAILING OR SERVICE

MARTIN G. WEBER

Lukins & Annis, P.S.

717 West Sprague Ave., Suite 1600

Spokane, WA 99201-0466

COURT OF PROBATE PROCEEDINGS AND CAUSE NUMBER:

Superior Court, Spokane County, Washington

Cause No. 10-4-00323-3

File No .: 7021.25372 Grantors: Northwest Trustee Services, Inc. BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Grantee: Charlene L. Eagen, an unmarried individual, and John Allen, presumptively subject to the community interest of his spouse, if married Tax Parcel ID No .: 1-0785-00-17-06-0000 Abbreviated Legal: Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq.

I. On April 30, 2010, at 10:00 a.m.

inside the main lobby of the Whitman County Courthouse, North 404 Main Street in the City of Colfax, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of Whitman, State of Washington: Lot 6, Block 17, Wiley’s Second Addition to Palouse City, according to Plat thereof, recorded in volume B of Plats, Page 3, in Whitman County, Washington.

Commonly known as: 420 East Mohr Street Palouse, WA 99161 which is subject to that certain Deed of Trust dated 11/30/00, recorded on 12/06/00, under Auditor’s File No. 626573; Loan Modified 5-16-06 under Auditor’s File No. 671262, records of Whitman County, Washington, from Charlene L. Eagen, An Unmarried Woman, as Grantor, to Whitman County Title, as Trustee, to secure an obligation "Obligation" in favor of Mortgage Electronic Registration Systems, Inc., as Beneficiary, the beneficial interest in which was assigned by GreenPoint Mortgage Funding to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, under an Assignment/Successive Assignments recorded under Auditor’s File No. 697144.

*The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property’s full legal description provided herein.

II. No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the Obligation in any Court by reason of the Grantor’s or Borrower’s default on the Obligation.

III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate by 01/26/2010 Monthly Payments $16,226.38 Late Charges $592.61 Lender’s Fees & Costs ($136.13) Total Arrearage $16,682.86 Trustee’s Expenses (Itemization) Trustee’s Fee $508.00 Title Report $0.00 Statutory Mailings $91.00 Recording Costs $140.00 Postings $70.00 Sale Costs $32.34 Total Costs $841.34 Total Amount Due: $17,524.20 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $70,652.77, together with interest as provided in the note or other instrument evidencing the Obligation from 06/01/08, and such other costs and fees as are due under the Obligation, and as are provided by statute.

V. The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute.

The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on April 30, 2010.

The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 04/19/10 (11 days before the sale date), to cause a discontinuance of the sale.

The sale will be discontinued and terminated if at any time before the close of the Trustee’s business on 04/19/10 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid.

The sale may be terminated any time after 04/19/10 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor or the holder of any recorded junior lien or encumbrance paying the entire balance of principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any made pursuant to the terms of the obligation and/or Deed of Trust.

VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es): NAME AND ADDRESS Charlene L. Eagen 420 East Mohr Street Palouse, WA 99161 Unknown Spouse and/or Domestic Partner Of Charlene L. Eagen 420 East Mohr Street Palouse, WA 99161 John L. Allen 420 East Mohr Street Palouse, WA 99161 Charlene L. Eagen P.O. BOX 487 Palouse, WA 99161 Unknown Spouse and/or Domestic Partner Of Charlene L. Eagen P.O. BOX 487 Palouse, WA 99161 John L. Allen P.O. BOX 487 Palouse, WA 99161 by both first class and either certified mail, return receipt requested on , proof of which is in the possession of the Trustee; and on 09/24/08 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting.

VII. The Trustee, whose name and address are set forth below, will provide in writing to anyone requesting it a statement of all foreclosure costs and trustee’s fees due at any time prior to the sale.

VIII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their right, title and interest in the Property.

IX. Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130.

Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale.

X. NOTICE TO OCCUPANTS OR TENANTS - The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the Deed of Trust (the owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants.

After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.

The trustee’s rules of auction may be accessed at http://www.northwesttrustee.com and are incorporated by this reference.

You may also access sale status at http://www.northwesttrustee.com and http://www.USA-Foreclosure.com.

EFFECTIVE: 01/26/2010 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Vonnie McElligott (425) 586-1900.

(TS# 7021.25372) 1002.105864-FEI