Serving Whitman County since 1877

Legals 4/28/11

WHITMAN COUNTY, WASHINGTON

NOTICE OF A CONDITIONAL USE HEARING

Palouse Wind, CU 10-16

NOTICE IS HEREBY GIVEN that the Whitman County Hearing Examiner will conduct an Open Record Hearing on the Conditional Use Permit Application for the Palouse Wind commercial wind generation facility on Monday, May 9, 2011, beginning at 6:00 PM in the Community Education and Training Center (CETC) building, 123 N. Main Street, Colfax, WA 99111-0430. If the Open Record Public Hearing is not concluded in one day, a second hearing date has been reserved on Tuesday, May 10, 2011, beginning at 9.00 AM at the same location stated above.

The applicant is requesting a Conditional Use Permit to develop, construct and operate a wind energy facility consisting of up to 65 wind turbines and associated facilities such as, but not limited to, overhead transmission lines, substations, roads, an operations and maintenance facility, etc., on approximately 9,000 acres of leased, privately owned Agricultural District land. The project site is located approximately three miles west of Oakesdale in multiple sections of land in Township 19 N., Range 43 E.,W.M. and Range 44 E., W.M., Whitman County, Washington.

Interested persons may submit written comments regarding this Conditional Use Permit Application to the Whitman County Planning Office, by mail to P.O. Box 430, Colfax, WA 99111-0430, by fax to 509-397-6210, or in person to the Whitman County Public Works Department, Planning Division, 310 N. Main, 2nd Floor, Colfax, WA 99111-0430 no later than 5:00 PM on Friday, May 6, 2011. Written and oral comments may also be submitted at the public hearing. All comments will be part of the project record.

The Planning Department staff report containing proposed project conditions will be available for review on Friday, May 6, 2011 at the Whitman County Public Works Office, 310 N. Main, 2nd Floor, Colfax, WA 99111 between the hours of 8 AM and 5 PM. The staff report will also be posted on the County’s website at http://www.whitmancounty.org/page.aspx?pn=Planning+Division. Additional information, including the Final Environmental Impact Statement and application materials are on file with the Whitman County Public Works Office and are also available on the County’s website.

The public hearing(s) is located in a facility that is accessible to persons with disabilities. Special accommodations for persons with disabilities will be available, upon request to the Public Works Department, five (5) days prior to the public hearing. If you have questions regarding the public hearing, please call the Public Works Department, Planning Division, at 509-397-5211.

Date: April 19, 2011

Alan L. Thomson

County Planner

PO #: P 2011-00000044

16/2c

NOTICE OF CALL FOR BIDS

UNION CENTER QUARRY

C.R.C.P. No. 155

WHITMAN COUNTY, STATE OF WASHINGTON

Sealed proposals for this project will be received by the Board of County Commissioners of Whitman County, State of Washington, at its office in the Whitman County Courthouse in Colfax, Washington, until 11:00 a.m.

Pacific Daylight Savings Time, on Monday, May 16, 2011, at which time all bids will be opened and publicly read.

Each proposal shall be separately sealed in an envelope addressed to the Whitman County Board of County Commissioners with the name of the bidder and the project name written plainly on the outside of the envelope.

(NO FACSIMILES ACCEPTED) Detailed bid sheets and specifications may be obtained from the Whitman County Engineer at his office on the Second Floor of the Public Service Building, North 310 Main Street in Colfax, Washington upon payment in the amount of $20.00 (Non-Refundable).

This contract provides for the manufacturing and stockpiling of 3/4" Maintenance, 3/8" Chips and 1/4" Minus. Handicap access to the Whitman County Courthouse is available at the Mill Street Entrance.

DATED this 18th day of April, 2011.

Maribeth Becker, CMC, Clerk of the Board

Union Center Quarry Crushing 16/2c

Town of St. John, East 1 Front Street / PO Box 298, St. John, Washington 99171-0298

Town of St. John, Washington, (Owner), invites bids for the construction of the Water System Reconstruction and Sanitary Sewer Line Projects.

The work includes two schedules: Schedule 1 - Water System Reconstruction Improvements and Schedule 2 - Sanitary Sewer System Improvements.

Schedule 1 consists of the installation of approximately 10,000 linear feet (LF) of 6-inch through 12-inch diameter water lines (including two railroad crossings), including service lines and related appurtenances; the construction of a wood-framed, metal sided wellhouse with electrical service, turbine well pump, column pipe, radio telemetry, and related improvements; and other miscellaneous work.

Schedule 2 consists of the removal and replacement of approximately 460 LF of existing 8-inch diameter sewer main, services, two manholes, services, and other miscellaneous work.

Sealed bids for the described project will be received by Ms. Linda Hayes, Clerk/Treasurer at City Hall, East 1 Front Street, St. John, Washington 99171-0298, until 2:00 pm, local time, May 18, 2011, and then publicly opened and read aloud.

The Contractor is subject to all requirements related to Washington Prevailing Wage Rates for Public Works Projects, EEO, and Washington State Contracting Laws, and other applicable Federal, State, and local requirements.

Schedule 1 is funded through USDA Rural Development; Schedule 2 is funded by the Owner.

Schedules 1 and 2 must be substantially complete in 120 days and 30 days, respectively, of the issuance of the Notice to Proceed.

The Contract Documents may be examined at the following locations: Town of St. John, East 1 Front Street, St. John, WA; Anderson·Perry & Associates, Inc., Walla Walla, WA and La Grande, OR; Associated Builders and Contractors Plan Center, Spokane, WA; Associated General Contractors Plan Center, Spokane, WA; Daily Journal of Commerce Plan Center, Seattle, WA; Lewiston-Clarkston Plan Service, Lewiston, ID; McGraw-Hill Construction, Seattle, WA; Spokane Regional Plan Center, Spokane, WA; Tri-City Construction Council, Inc., Kennewick, WA;

Walla Walla Valley Plan Center, Walla Walla, WA; Wenatchee Construction Council Plan Center, Wenatchee, WA; Yakima Plan Center, Yakima, WA.

Copies of the Bidding Documents may be obtained at the office of Anderson·Perry & Associates, Inc., 214 E. Birch Street, PO Box 1687, Walla Walla, Washington 99362, upon non-refundable payment of $90 per paper set. Alternatively, the Bidder may request a paper copy of the Bidder’s Packet and a CD containing a printable pdf version of the Contract Documents for $25.00 for each set. When requesting Bidding Documents, the Bidder shall provide his/her mailing address, and telephone and fax numbers, and e-mail address; and identify him/herself as a prime contractor, subcontractor, supplier, etc., as applicable. The Bidding Documents will be available after April 29, 2011.

Each bid on the project must be submitted on the prescribed form and accompanied by a cashier’s check, postal money order, or bid bond payable to the Owner in an amount not less than 5 percent of the amount bid. The successful bidder will be required to furnish the necessary additional bonds for the faithful performance of the contract and insurance as prescribed in the Contract Documents.

The Owner reserves the right to reject any or all bids, to waive minor irregularities, and all informalities in the bidding process, and to accept such bids that in the opinion of the Owner are in the best interest of the Owner. The Owner is an equal opportunity employer. Minority and women-owned businesses are encouraged to bid. A pre-Bid conference will be held at 1:15 p.m., local time, on May 11, 2011. Bidders are encouraged to attend and participate in the conference.

Contact David Jepsen, P.E., with Anderson·Perry & Associates at (509) 529-9260 with any questions.

April 28, 2011 Mayor K.B. Trunkey

17/2c

NOTICE OF STATE’S INTENT TO NEGOTIATE LEASES

Department of Natural Resources will begin negotiation of expiring leases with existing lessees on the following parcels. All leases are subject to third party bids by interested parties. Lease terms and bidding information is available by calling the Southeast Region at 1-800-527-3305 or by visiting the Region Office at 713 Bowers Road, Ellensburg, Washington 98926. This lease expires September 30, 2011.

Grazing

10-073164

All or Part

All

Sec

16

Twp

13N

Rge

39E

Written request to lease must be received by May 30, 2011, at the Department of Natural Resources, 713 Bowers Road, Ellensburg, Washington 98926.

Each request to lease must contain a certified check or money order payable to the Department of Natural Resources for the amount of any bonus bid, plus a $100 deposit. The envelope must be marked "Sealed Bid" and give the lease number, expiration date of lease applied for, and give the applicant’s name. The applicant must be prepared to purchase any improvements that belong to the current lessee. For details and qualifications to submit a request, contact the Ellensburg office or call (509) 925-0927.

PETER GOLDMARK, Commissioner of Public Lands

17/1c

PUBLIC NOTICE:

The City of Tekoa will hold a council workshop to discuss our junk ordinance. The workshop will be held on Monday, May 2, 2011 at 7:00 p.m. All citizens are invited to attend. Kynda Browning, Clerk/Treasurer

17/1c

NOTICE OF ADOPTION OF

ORDINANCE

by the

TOWN OF OAKESDALE

On April 18, 2011, the Oakesdale Town Council adopted Ordinance

No. 605. The ordinance grants to the Port of Whitman (the ìfranchiseeî) a

nonexclusive franchise to locate, construct, operate, and maintain poles, wires, fiber

optic lines, underground cables, and appurtenances (ìfacilitiesî) over, under, along and

across the Townís rights of way and public property. The ordinance provides in part:

the term of the franchise will be 25 years;

conflicts between the franchise provisions and the Townís exercise of its

lawful police powers will be resolved in the Townís favor;

underground facilities location will be subject to review and approval by

the Town;

franchisee must relocate its facilities whenever the Town deems it

necessary for any governmental purpose;

if the Town grants use of its right-of-ways or public places to others, or

if the Town abandons a right-of-way which contains franchiseeís

facilities, such action shall be subject to franchiseeís franchise grant;

construction of facilities must comply with applicable laws and building

codes, and any property of others damaged by the work must be repaired

or restored;

franchisee shall hold the Town harmless for damage to franchiseeís

underground facilities occasioned by emergency repairs to the Townís

underground utilities, provided notice reasonable under the circumstances

has first been provided to franchisee;

installation of franchiseeís facilities underground shall be preferred to

above-ground installation;

the franchise shall not be assigned without the Townís consent;

franchisee must maintain public liability insurance, and shall indemnify

the Town against damages or penalties arising out of any act or omission

by franchisee; and

the ordinance provides procedures for early termination of the franchise

in the event of franchiseeís material breach of any terms or conditions of

the franchise, or in the event of other occurrences.

The full text of the ordinance will be mailed upon request to the Town Clerk.

17/1c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

OF

THOMAS COLLINS,

Deceased.

NO. 11-4-00042-2

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 21, 2011

PERSONAL REPRESENTATIVE: MARIAN COLLINS

ADDRESS FOR MAILING OF SERVICE:

3792-K E. Jump Off Joe Rd.

Valley, WA 99181

16/3c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

OF

BETTY JEAN ASKINS,

Deceased.

NO. 11-4-00036-8

PROBATE NOTICE TO CREDITORS

(RCW 11.40.030)

The Co-Personal Representatives named below have been appointed as Co-Personal Representatives 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 Co-Personal Representatives or the Co-Personal Representatives' 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 Co-Personal Representatives 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 14, 2011

CO-PERSONAL REPRESENTATIVES: MARY JEAN BERNIER, SHIRLEY MARIE O'HARE & MARGARET CELMER

ATTORNEYS FOR CO-PERSONAL REPRESENTATIVES:

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

15/3c

File No .: 7023.90897 Grantors: Northwest Trustee Services, Inc. Wells Fargo Bank, NA Grantee: Alisha Price and Debbie Chazell, also appearing of record as Debbie D. Chazell, who acquired title as single people Ref to DOT Auditor File No .: 682940 Tax Parcel ID No .: 1-0670-00-11-05-0000 Abbreviated Legal: Lot 5, Block 11, McCoys Addition to Oakesdale Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq.

I. On May 6, 2011, 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 5, Block 11, McCoy's Addition to the City of Oakesdale, according to the recorded Plat thereof, recorded in Book B of Plats, Page 28, Records of Whitman County, Washington.

Commonly known as: 303 Bartlett Road Oakesdale, WA 99158 which is subject to that certain Deed of Trust dated 10/24/07, recorded on 11/07/07, under Auditor's File No. 682940, records of Whitman County, Washington, from Debbie D. Chazell unmarried & Alisha Price unmarried, as Grantor, to First American Title Insurance Company, 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 Mortgage Electronic Registration Systems, Inc. to Wells Fargo Bank, NA, under an Assignment/Successive Assignments recorded under Auditor's File No. 702826.

*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 1/28/2011 Monthly Payments $3,556.20 Late Charges $134.65 Lender's Fees & Costs $123.01 Total Arrearage $3,813.86 Trustee's Expenses (Itemization) Trustee's Fee $725.00 Title Report $528.22 Statutory Mailings $19.12 Recording Costs $34.00 Postings $70.00 Sale Costs $0.00 Total Costs $1,376.34 Total Amount Due: $5,190.20 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $78,990.04, together with interest as provided in the note or other instrument evidencing the Obligation from 08/01/10, 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 May 6, 2011.

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 04/25/11 (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 04/25/11 (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 04/25/11 (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 Debbie D. Chazell 303 Bartlett Road Oakedale, WA 99158 Alisha Price 303 Bartlett Road Oakedale, WA 99158 Debbie D. Chazell 303 East Bartlett Street Oakedale, WA 99158 Alisha Price 303 East Bartlett Street Oakedale, WA 99158 by both first class and either certified mail, return receipt requested on 12/27/10, proof of which is in the possession of the Trustee; and on 12/28/10 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: 1/28/2011 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Vonnie McElligott (425) 586-1900.

(TS# 7023.90897) 1002.180866-FEI

14/1/C&17/1C

File No .: 7023.91033 Grantors: Northwest Trustee Services, Inc. Wells Fargo Bank, NA Grantee: Joshua J. Davidson and Janelle I. Davidson, husband and wife Ref to DOT Auditor File No .: 683609 Tax Parcel

 

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