Serving Whitman County since 1877

Legals - April 8, 2010

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN in accordance with the Revised Code of Washington, Chapter 36.77.070 that the following construction projects shall be performed by Day Labor:

Ben Henson Bridge, C.R.B.P. No. 9040-03.84(3)

This project provides for the replacement of the Ben Henson Bridge with two 60 foot long, 102 inch arch culverts for an estimated cost of $61,000.00.

Canyon Bridge, C.R.B.P. No. 4330-04.59(2) This project provides for the replacement of the Canyon Bridge with two 60 foot long, 96 inch arch culverts for an estimated cost of $59,000.00.

Curtis Bridge, C.R.B.P. No. 2400-01.35(7)

This project provides for the replacement of the Curtis Bridge with an 80 foot long, 96 inch culvert for an estimated cost of $80,000.00.

Ringo Bridge, C.R.B.P. No. 5170-02.56(3)

This project provides for the replacement of the Ringo Bridge with a 28 foot wide, 25 foot long prestressed concrete superstructure on a steel substructure for an estimated cost of $115,000.00.

DATED this 5th day of April, 2010.

Maribeth Becker, CMC, Clerk of the Board

NOTICE OF DETERMINATION OF NONSIGNIFICANCE (DNS) AND A CONDITIONAL USE HEARING

The Whitman County Planning Office issued a Determination of Nonsignificance (DNS) under the State Environmental Policy Act Rules (Chapter 197-11 WAC) for the following project:

First Step Internet is proposing to add several internet receiving and distribution antennas to an existing residential wind turbine tower to increase signal strength. The site is located at 951 S. River Road, Palouse WA, 99161 in the N 1/2 of Section 6, Township 16 N., Range 46, W.M., Whitman County, Washington.

After review of a completed environmental checklist and other information on file with us, the Planning Office has determined that this proposal will not have a probable significant adverse impact on the environment.

This project will also be considered for a conditional use permit at a County Zoning Board of Adjustment public hearing set for Thursday, May 6, 2010, at 7:00 PM in the Public Service Building Auditorium, N. 310 Main St., Colfax, WA. 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 p.m., May 6, 2010, or attend the hearing.

Copies of the DNS are available at no charge from the County Planning Office, Whitman County Public Service Building (2nd Floor), Colfax, WA 99111. The public is invited to submit written and signed environmentally-focused comments on the DNS no later than 4:00 PM on Thursday, May 6, 2010, to Alan L. Thomson, County Planner, P. O. Box 430, Colfax, WA 99111-0430.

Date: Tuesday, April 6, 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

SUPERIOR COURT OF WASHINGTON, FOR WHITMAN COUNTY

Estate of H. MARIE MILLER, Deceased.

No. 10-4-00035-1

PROBATE NOTICE TO CREDITORS

(RCW 11.40.030)

Don E. Miller 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 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 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(l)(c); or (2) four months after the date of first publication of this notice.

If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.451 and 11.40.060.

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

DATE OF FIRST PUBLICATION: April 8, 2010

Personal Representative: Don E. Miller

Attorneys for Personal Representative: WILEY & PETTIT

Agent's Address for Mailing Claim: 445 S. Grand Avenue

Pullman, WA 99163

phone (509) 332-3300

PUBLIC HEARING NOTICE

NOTICE IS HEREBY GIVEN that a public hearing will be held by the Farmington Town Council at the Town Hall, East 203 Main, Farmington, Washington, beginning at 7:00 p.m., PST, April 19, 2010.

The purpose of the public meeting is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from low- and moderate-income persons and persons residing in the Town of Farmington area.

Up to $35,000 may be available to the Town of Farmington to fund a planning project that principally benefits low- and moderate-income persons.

The draft application for the Farmington SWSMP Update proposal will be available for review at the Farmington Town Clerk's Office.

Comments may also be submitted in writing to the Town of Farmington, P.O. Box 65, Farmington, WA, 99218.

Written comments must be received by the Town Clerk before 3:30 p.m.

on April 15th, 2010.

The Farmington Town Clerk's Office is handicap accessible.

Arrangements to reasonably accommodate the special needs, including handicap accessibility or interpreter, will be made upon receiving twenty-four (24) hour advance notice.

Contact City Hall at (509) 287-2500.

STATE OF WASHINGTON DEPARTMENT OF ECOLOGY

NOTICE OF APPLICATION TO CONSTRUCT AN AIR POLLUTION SOURCE

The State of Washington Department of Ecology (Ecology) has received an application to construct and operate an air pollution source in St. John, WA. The application was submitted by Primeland Cooperatives, Inc. for their bulk gasoline and diesel fuel facility located in the town of St. John. The legal description of the location is lots 6,7,8, 9 and 10, Block 2, St. John, according to the plat thereof recorded in Book B of Plats, Page 25, Records of Whitman County, Washington. The fuel facility is located at 102 East Front Street, St. John, Washington, in Whitman County.

After review of the completed Notice of Construction application and other information on file with the agency, Ecology has made a preliminary determination that this proposal will conform to all requirements as specified in Ch. 173-400 WAC and Ch 173-460 WAC. Copies of the Preliminary Determination and other pertinent information are available for public review at Ecology, 4601 N. Monroe, Spokane, WA, 99205 and at St. John Town Hall, E. 1 Front Street, St. John, WA 99171, during their business hours (9-noon, Monday through Friday).

The public is invited to comment on the project by submitting written comments within 30 days of this notice to Robert Koster at the above Spokane address.

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

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.

File No .: 7023.08476 Grantors: Northwest Trustee Services, Inc. Wells Fargo Bank, N.A. Grantee: Catherine M. Ulibarri, a single person and Joyce Y. Ulibarri, a single person Tax Parcel ID No .: 1-0905-00-0101-0000 Abbreviated Legal: Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq.

I. On April 16, 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: That part of the Southeast Quarter of the Northwest Quarter of Section 6, Township 14 North, Range 45 East, W.M., Whitman County, Washington, and that part of Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 in Block 1 of Fairview Addition to Pullman contained within the following described tract: Beginning at the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 6; Thence South on the Subdivision line (along East line of Layman’s Homestead) a distance of 255.2 feet; Thence North 87 degrees 12’ West a distance of 333.54 feet to the True Point of Beginning; Thence South 87 degrees 12’ East a distance of 333.54 feet to the East line of the Southeast Quarter of the Northwest Quarter of said Section 6; Thence Northerly to the Northeast corner of said Lot 1 being the South line of West Main Street; Thence Westerly along the North line of Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, a distance of 333.79 feet; Thence Southerly 370.21 feet more or less to the True Point of Beginning; Excepting a Tract of Land located in the Southeast Quarter of the Northwest Quarter of Section 6; Township 14 North, Range 45 East, W.M., County of Whitman, State of Washington, described as follows: Beginning at the Northeast corner of Block 1, Fairview Addition to the City of Pullman, said corner being at the Intersection of the East line of said Northwest Quarter and the South Right of Way line of West Main Street; Thence South 86 degrees 20’ West along said South line of West Main Street a distance of 228.73 feet to the True Point of Beginning; Thence continuing South 86 degrees 20’ West a distance of 105.06 feet along said South line of West Main Street to a Point; Thence South 00 degrees 00’ East a distance of 192.00 feet parallel with the East line of said Northwest Quarter to a Point; Thence North 86 degrees 20’ East a distance of 105.06 feet parallel with the South line of West Main Street to a Point; Thence North 00 degrees 00’ East a distance of 192.00 feet parallel with the East line of the Northwest Quarter to the Point of Beginning.

Commonly known as: 905 West Main Street Pullman, WA 99163 which is subject to that certain Deed of Trust dated 01/24/07, recorded on 02/01/07, under Auditor’s File No. 676900, records of Whitman County, Washington, from Catherine M. Ulibarri, a single person and Joyce Y. Ulibarri, a single person, as Grantor, to Northwest Trustee Services, LLC, as Trustee, to secure an obligation "Obligation" in favor of Wells Fargo Bank, N.A., as Beneficiary, the beneficial interest in which was assigned by to , under an Assignment/Successive Assignments recorded under Auditor’s File No. .

*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 01/11/2010 Monthly Payments $8,920.53 Late Charges $311.36 Lender’s Fees & Costs $357.50 Total Arrearage $9,589.39 Trustee’s Expenses (Itemization) Trustee’s Fee $725.00 Title Report $646.80 Statutory Mailings $38.24 Recording Costs $17.00 Postings $70.00 Sale Costs $0.00 Total Costs $1,497.04 Total Amount Due: $11,086.43 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $117,116.00, together with interest as provided in the note or other instrument evidencing the Obligation from 04/01/09, 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 16, 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 04/05/10 (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 04/05/10 (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 04/05/10 (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 Catherine M. Ulibarri 905 West Main Street Pullman, WA 99163 Catherine M. Ulibarri 102 Mick Parvin Road Pullman, WA 99163 Unknown Spouse and/or Domestic Partner of Catherine M. Ulibarri 905 West Main Street Pullman, WA 99163 Unknown Spouse and/or Domestic Partner of Catherine M. Ulibarri 102 Mick Parvin Road Pullman, WA 99163 Joyce Y. Ulibarri 905 West Main Street Pullman, WA 99163 Joyce Y. Ulibarri 102 Mick Parvin Road Pullman, WA 99163 Unknown Spouse and/or Domestic Partner of Joyce Y. Ulibarri 905 West Main Street Pullman, WA 99163 Unknown Spouse and/or Domestic Partner of Joyce Y. Ulibarri 102 Mick Parvin Road Pullman, WA 99163 by both first class and either certified mail, return receipt requested on 12/11/09, proof of which is in the possession of the Trustee; and on 12/11/09 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: 01/11/2010 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Vonnie McElligott (425) 586-1900.

(TS# 7023.08476) 1002.140399-FEI

 

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