Serving Whitman County since 1877

Legals - March 3, 2011

Notice of Amendment to CUP Application

Palouse Wind Project, Whitman County CUP 10-16.

Notice is hereby given that Whitman County has received a request to amend the Conditional Use Permit (CUP) Application originally submitted by Palouse Wind on July 27, 2010 and the subsequent addenda submitted August 19 and September 3, 2010.

The application is being amended to include Steam Shovel Hill (described as the Steam Shovel Expansion Area [SSEA] in the Draft Environmental Impact Statement [EIS] published by the County in November 2010).

The project will now consist of up to 65 wind turbines on approximately 9,000 acres of leased, privately owned Agricultural District land.

Each turbine has an operating capacity ranging from approximately 1.5 MW to 3.00 MW. The reason for this change is that Palouse Wind, LLC has been assessing the characteristics of the wind resource on Steam Shovel Hill.

These assessments have provided positive results, and Palouse Wind therefore wishes to incorporate the properties associated with Steam Shovel Hill into its CUP Application.

Additional properties surrounding the periphery of the Naff Ridge and Steam Shovel Hill areas will also be added to this CUP Application to ensure maximum flexibility for the development of this commercial wind-energy-generation facility.

Applicant: Palouse Wind, LLC (subsidiary of First Wind, LLC). The CUP application amendment was submitted on February 24, 2011.

Location: Approximately 3 miles west of Oakesdale, Washington, north of Trestle Creek Road and stretching west of U.S. Highway 195 (US 195) for approximately 2.5 miles. Detailed maps, project descriptions and tax parcel numbers are available for review at the Whitman County Planning Department.

State Environmental Policy Act (SEPA): Whitman County is the Lead Agency for this proposal. Whitman County issued a Draft EIS, in November 2010 which included the Steam Shovel Expansion Area and the additional properties on the periphery of Naff Ridge and Steam Shovel Hill. Whitman County is reviewing the amendment and will determine if additional analysis under SEPA will be required prior to issuance of a Final EIS. The County will provide separate notice of additional SEPA analysis as applicable under Whitman County Code and Washington State SEPA regulations.

Timing: Following the development of the Final EIS for this project, Whitman County will schedule and hold an open record public hearing on the CUP. The CUP hearing is anticipated to be held in the spring of 2011 and will be preceded by additional legal notices and public notification, as required by law.

Contacts and Information: The details of this amendment to the CUP Application are posted on the Whitman County web site at http://www.whitmancounty.org or may be examined by the public at the Whitman County Planning Department, 310 N. Main Street, Colfax, WA 99111. If you have any questions, please contact Alan Thomson of the Whitman County Planning Department via phone or fax at the following numbers: Phone: (509) 397-5211, Fax: (509) 397-6210.

Date: Tuesday, February 22, 2011

Alan L. Thomson

County Planner

20810 8/2c

NOTICE OF CALL FOR BIDS

BID FOR LIQUID ASPHALT

WHITMAN COUNTY

STATE OF WASHINGTON

Sealed bids will be received on the following proposal by the Board of County Commissioners of Whitman County, State of Washington, at its office in the Whitman County Courthouse in Colfax, Washington, until 2:00 p.m. Pacific Time, on March 21, 2011 at which time they will be opened and publicly read. Handicap access may be obtained by the Mill Street entrance to the Courthouse.

Each bid is to be separately sealed in an envelope addressed to the Board of County Commissioners with the name of the bidder and item bid, including time and date of opening written plainly on the outside of the envelope. (NO FAXES ACCEPTED.)

The Board of County Commissioners reserves the right to reject any or all bids or to accept the bid which in its estimation best serves the interests of Whitman County.

Detailed bid sheets and specifications may be obtained from the Public Works office, Second Floor, Public Service Building, 310 N. Main Street, Colfax, Washington, (509) 397-4622.

This contract provides for 2011 liquid asphalt as described in the specifications.

DATED this 22nd day of February, 2011

Maribeth Becker, CMC, Clerk of the Board

20806 8/2c

NOTICE OF ADDENDUM TO DRAFT ENVIRONMENTAL IMPACT STATEMENT (EIS)

Applicant: Palouse Wind, LLC. Attn: Benjamin Fairbanks, 1001 SW 5th Ave., Suite 1100,

Portland, OR 97204 and Irina Makarow, 1001 SW 5th Ave., Suite 1100, Portland, OR 97204

Location: The Proposed Action is a wind energy generating project located in Whitman County in southeastern Washington. The Proposed Action is located approximately 3 miles west of Oakesdale, Washington, north of Oakesdale Road, south of Blank Road, and stretching west of U.S. Highway 195 (US 195) for approximately 2.5 miles. The Proposed Action would be developed on approximately 9,000 acres of leased privately owned Agricultural District zoned land, nearly all of which is actively farmed and in wheat production. Detailed maps, project descriptions and tax parcel numbers are available for review at the Whitman County Planning Department.

Whitman County Project File Number: CU 10-16/SEPA 10-18

Proposal: Notice of Availability – Addendum to November 2010 Palouse Wind Draft Environmental Impact Statement (DEIS)

On February 24, 2011, the Applicant, Palouse Wind, LLC, submitted an amendment to its Conditional Use Permit application for the Palouse Wind proposal.

The application is being amended to include Steam Shovel Hill (described as the Steam Shovel Expansion Area [SSEA] in the November 2010 DEIS).

The project will now consist of up to 65 wind turbines on approximately 9,000 acres of leased, privately owned Agricultural District land.

The reason for this change is that Palouse Wind, LLC has been assessing the characteristics of the wind resource on Steam Shovel Hill, as the DEIS addressed.

These assessments have provided positive results, and Palouse Wind therefore wishes to incorporate the properties associated with Steam Shovel Hill into its CUP application.

Additional properties surrounding the periphery of the Naff Ridge and Steam Shovel Hill areas will also be added to ensure maximum flexibility for the development of this commercial wind-energy-generation facility.

Whitman County issued a DEIS on November 18, 2010 analyzing the original proposal under the requirements of the Washington State Environmental Policy Act (SEPA). Whitman County accepted comments on the DEIS through December 20, 2010. This Addendum analyzes the changes to the project resulting from the Amendment to the CUP application, Additional information is on file with the Whitman County Planning Department, at the address below.

Accessing the Addendum to the DEIS Document: To review the Addendum to the DEIS, you may use the following methods:

1. Paper copies are available for review at the Whitman County Planning Department (310 N. Main Street, Colfax, WA 99111), and the Colfax location (main branch) of the Whitman County Library (102 S. Main Street, Colfax, WA 99111-1863).

2. You may request a hard copy of the Addendum to DEIS at cost from the Whitman County Planning Department.

3. An electronic copy of the Addendum to DEIS is available on Whitman County’s web site at: http://www.whitmancounty.org/page.aspx?pn=Planning+Division

Comments: You may provide written comments on the Addendum to DEIS to the staff contact listed below. Comments must be received before 5pm on Monday, March 14, 2011.

Staff Contact: Alan Thomson, Director, Whitman County Planning Department

310 N. Main Street, 2nd Floor, P.O. Box 430. Colfax, WA 99111-0430. (509) 397-5211.

Alan Thomson

County Planner

20812 9/2c

SUMMARY OF TOWN OF GARFIELD ORDINANCE NO. 399N.

AN ORDINANCE ALLOWING RATES TO BE SET BY RESOLUTION AND SETTING AN INITIAL ROLLER CART FEE/REPLACEMENT CART FEE AND EXTRA CART FEE.

Section 1. Except as may hereafter be fixed by resolution of the town council the following rates shall apply: $15.00 for the initial roller cart provided by the town to be billed over a 3 month period at $5.00 a month; actual town cost to be paid in advance for an additional cart, to be refunded if no longer needed; actual town cost to be paid in advance for a damaged roller cart that has to be replaced. Any additional roller cart shall cost $6.00 each per week per use.

Section 2. This ordinance was passed on February 23, 2011, and will be in effect five days after publication of this summary. A copy of the ordinance is available for public inspection at the Clerk-Treasurer’s office at 405 E California – P.O. Box 218, Garfield, WA 99130, http://www.garfieldwa.com/. The full text of this ordinance will be mailed upon request.

9/1c

CITY OF ST. JOHN

ORDINANCE 331X

Ordinance No. 331X will grant Avista Corporation dba Avista Utilities a nonexclusive public utility franchise to locate, construct, install, own, maintain, repair, reconstruct, operate and use facilities within the City’s public right of way (the Franchise Area) for the purposes of the transmission, control and distribution of natural gas within the City for a term of 25 years.

Avista agrees to meet accepted industry standards and conform with applicable federal and state laws, as well as the regulations of the appropriate state regulatory body with jurisdiction, in the conduct of its operations under the Franchise.

The City reserves the right to make reasonable rules and regulations pertaining to the conduct of Avista’s operations within the Franchise Area.

Avista must not interfere with any existing facilities of other utilities.

Avista is authorized to make necessary excavations within the Franchise Area; excavations must be carried out with reasonable dispatch, and the area restored, with as little interference to the public as may be reasonable.

Avista must relocate its facilities in the franchise area at the City’s request.

Avista may operate a vegetation management program in connection with franchised activities.

Provisions are made for informal dispute resolution.

The Effective Date of this Franchise shall be February 28, 2011, after passage, approval and legal publication of this ordinance as provided by law, and provided that it has been duly accepted by Avista.

PASSED by the City Council on February 28, 2011.

ATTEST:

Linda J. Hayes

Clerk – Treasurer

APPROVED BY:

K. B. Trunkey

Mayor

9/1c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

OF

SALLY JO MALEY,

Deceased.

NO.

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: FEBRUARY 24, 2011

PERSONAL REPRESENTATIVE: ROBERT A. MALEY

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

8/3c

WHITMAN COUNTY FIRE PROTECTION DISTRICT #14

CALL FOR BIDS

Whitman County Fire Protection District #14 is accepting bids for one 3000 gallon water tender with commercial chassis, minimum 54,600lbs gvw. Bids will be received until 7:00 p.m. PT March 10, 2011. For specification packet call 509-597-7698 or 509-597-7519. Any and all bids may be rejected. Bids will be opened Thursday, March 10, 2011 after 7:00 p.m. at the regular Board of Commissioners meetings. Awards/rejections will be announced by Thursday, March 17, 2011.

8/2c

SUPERIOR COURT OF

WASHINGTON COUNTY OF

In re the Marriage of.

ANDREW K. DELEI

Petitioner,

and

CINDY LEE ADAMS DELEI

Respondent.

NO. 11-3-00016-0

SUMMONS BY PUBLICATION

(SM)

TO THE RESPONDENT: CINDY LEE ADAMS DELEI, who may also be know as: Cindy Delei; Cindy L. Delei; Cindy Lee Delei; Cindylee Delei; Cindylee L. Delei; Cindy Adams; Cindy L. Adams; Cindy Lee Adams; Cindylee Adams; Cindylee L. Adams or Cindylee Lee Adams.

1. The petitioner has started an action in the above court requesting that your marriage be dissolved and any real property and personal property be allocated to that party in present possess and that any and all debts and liabilities be allocated to that party who incurred such debt or liability since the date of separation on or about November 2006.

2. You are hereby summoned to appear within sixty (60) days after the date of the first publication of this summons, to wit, within sixty (60) days after the 17" day of February, 2011, and defend the above entitled action in the above entitled court, and answer the petition of the plaintiff, Andrew Delei.

3.

You must respond to this summons and the petition by mailing a copy of your written response to Ronald Shirley, Attorney for Petitioner, at the address listed hereafter, and by filing your original response with the clerk of the court at the address listed hereafter.

If you do not serve your written response within the time limit stated herein the court may enter an order of default against you, and the court may, without further notice to you, enter a decree and approve or provide for the relief requested in the petition.

In this case of a dissolution of marriage, the court will not enter the final decree until at least 90 days after filing and service.

Service shall be held to have occurred 61 days after the date of first publication as set forth herein.

4. If you serve a written notice of appearance, which shall include any and all necessary contact information, on the Petitioner’s attorney, at the address stated hereafter, or, the clerk of the court, at the address stated hereafter, you are entitled to notice before an order of default or a decree may be entered.

5. Your written response to the summons and petition must be on form WPF DR 01.0300, Response to Petition (Domestic Relations). This form may be obtained by contacting the clerk of the court at the address below, by contacting the Administrative Office of the Courts at (360) 705-5328, or from the Internet at the Washington State Courts homepage:

http://www.courts.wa.gov/forms

6. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.

7. One method of serving a copy of your response on the petitioner is to send it by certified mail with return receipt requested.

This summons is issued pursuant to Superior Court Civil Rule 4.1 and RCW 4.28.100 - 110, of the state of Washington.

Dated this 9 day of February, 2011.

Ronald Shirley, WSBA 11630

Attorney for Petitioner

FILE ORIGINAL OF YOUR RESPONSE WITH THE CLERK OF THE COURT AT:

Whitman County CLERK

PO BOX 390

COLFAX, WA 99111

SERVE A COPY OF YOUR RESPONSE ON:

Petitioner’s Lawyer

RONALD SHIRLEY

ATTORNEY AT LAW

N. 208 MAIN STREET

COLFAX, WA 99111

7/6c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

In the Matter of the Estate of:

HELEN L. WALTERS, Deceased.

Case No. 11 4 00014 7

PROBATE NOTICE TO

CREDITORS

RCW 11.40.030

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

Any persons having claims against the deceased must, before the time such 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 attorneys or resident agent at the respective addresses 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: February 17, 2011.

Rebecca St. John, Personal Representative of the Estate of Helen L. Walters, Deceased.

AITKEN, SCHAUBLE, PATRICK, NEILL, RUFF & SHIRLEY

Robert F. Patrick WSBA #04391

Attorneys for Estate

P.O. Box 307

Downtown Professional Building

165 N. Kamiaken, Suite 210

Pullman, WA 99163

(509) 334-3505

7/3c

File No .: 7023.79765 Grantors: Northwest Trustee Services, Inc.

Wells Fargo Bank, NA Grantee: Travis J. Scott, who acquired title as a single person, and Jessica K. Phillips, who acquired title as a single person, as their separate property Ref to DOT Auditor File No .: 659712 Tax Parcel ID No .: 1-0135-00-38-11-0000, 1-0135-00-38-12-0000 Abbreviated Legal: Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq.

I. On March 11, 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: Lots 11 and 12, Block 38, Prescott and Perkins Riverside Addition to Colfax, thereof, according to Plat thereof, recorded in Book B of Plats, Page 7, Records of Whitman County, Washington Commonly known as: 1812 North Oak Street Colfax, WA 99111 which is subject to that certain Deed of Trust dated 11/24/04, recorded on 11/30/04, under Auditor’s File No. 659712, records of Whitman County, Washington, from Travis J. Scott and Jessica K. Scott, husband and wife, as Grantor, to Pioneer Title 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. 701917.

*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 12/02/2010 Monthly Payments $5,949.44 Late Charges $204.40 Lender’s Fees & Costs ($131.45) Total Arrearage $6,022.39 Trustee’s Expenses (Itemization) Trustee’s Fee $725.00 Title Report $528.22 Statutory Mailings $9.56 Recording Costs $34.00 Postings $70.00 Sale Costs $0.00 Total Costs $1,366.78 Total Amount Due: $7,389.17 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $79,783.19, together with interest as provided in the note or other instrument evidencing the Obligation from 03/01/10, 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 March 11, 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 02/28/11 (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 02/28/11 (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 02/28/11 (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 Travis J. Scott 1812 North Oak Street Colfax, WA 99111 Jessica K. Scott fka Jessica K. Phillips 1812 North Oak Street Colfax, WA 99111 by both first class and either certified mail, return receipt requested on 10/22/10, proof of which is in the possession of the Trustee; and on 10/22/10 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: 12/02/2010 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Vonnie McElligott (425) 586-1900.

(TS# 7023.79765) 1002.175028-FEI

6/1c & 9/1c

 

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