Legals

Apr 26, 20120

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN that the Whitman County Commissioners will conduct a hearing on Monday, May 7, 2012 at 10:30 a.m. in their Chambers located in the County Courthouse 400 S Main Street, Colfax, WA. The purpose of the hearing is to consider a petition for the formation of the Tekoa Public Hospital District as follows:

PETITION FOR Tekoa PUBLIC HOSPITAL DISTRICT TO BE FORMED

WHY: To assure the provision of health care in the Tekoa area and assuring the long term viability of the Tekoa Medical Clinic.

SIGNATURES WILL BE VERIFIED BY THE WHITMAN COUNTY

AUDITOR

We, the undersigned concerned citizens, urge the formation of a Public Hospital District to keep the Tekoa Medical Clinic in Tekoa. Only voters registered to vote in the Tekoa School District may sign.

Anyone wishing may attend the hearing and speak for or against the proposed Public Hospital District.

Disabled accommodations are accessible by using the east entrance to the Courthouse. Upon 24 hours' advance notice the County will make arrangements to reasonably accommodate the needs of special groups of citizens, including those who are physically disabled or otherwise impaired by calling (509) 397-5240.

Maribeth Becker, CMC, Clerk of the Board

Tekoa HD -17/2

PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Whitman County Board of Commissioners will conduct a public hearing on Monday, April 30, 2012, at 10:30 a.m. in their Chambers, Courthouse, Colfax, Washington, for the purpose of receiving public comment associated with a proposed zone change for a 5-acre parcel located north of Pullman, WA on Fallon Road from the Agricultural District to Limited Heavy Industrial District for the PNW Farmers Cooperative.

Any interested individuals may attend said hearing and speak for or against the proposed zoning code modification. Arrangements will be made to accommodate questions and provide responses to non-English speaking residents. Upon receiving 24 hours' advance notice, the County will make arrangements to reasonably accommodate the needs of special groups of citizens, including those who are physically disabled or otherwise impaired. Please call (509) 397-5240 if such assistance is needed. Accommodations for the disabled are accessible at the east entrance to the Courthouse.

Dated this 16th day of April 2012.

Maribeth Becker, CMC, Clerk of the Board

Fallon Road Zone Change - 16/2

PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Whitman County Board of Commissioners will conduct a public hearing on Monday, April 30, 2012, at 10:30 a.m. in their Chambers, Courthouse, Colfax, Washington, for the purpose of receiving public comment associated with a proposed zone change for a 5-acre parcel located southwest of Pullman, WA on Ewartsville Road from the Agricultural District to Limited Heavy Industrial District for the PNW Farmers Cooperative.

Dated this 16th day of April 2012.

Maribeth Becker, CMC, Clerk of the Board

Ewartsville Road Zone Change - 16/2

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Whitman County Commissioners have set the date of Monday, April 30, 2012, at 1:00 p.m. in their Chambers, Courthouse, Colfax, Washington, to consider modifications to Whitman County Code, Chapter 1.08 pertaining to Commissioner and Precinct Districts as required by RCW 29A.16.040. Any person may appear and be heard for or against the proposed modifications.

Arrangements will be made to accommodate questions and provide responses to non-English speaking residents. Upon receiving 24 hours' advance notice, the County will make arrangements to reasonably accommodate the needs of special groups of citizens, including those who are physically disabled or otherwise impaired. Please call (509) 397-5240 if such assistance is needed. Accommodations for the disabled are accessible using the east entrance to the Courthouse.

Dated this 16th day of April 2012.

Maribeth Becker, CMC, Clerk of the Board

Precincts/BOCC Dist. - 16/2

TOWN OF ROSALIA

WASTEWATER TREATMENT FACILITY 2012 PHASE 1B IMPROVEMENTS

WHITMAN COUNTY,

WASHINGTON

ADVERTISEMENT FOR BIDS

Sealed bids for the for the Wastewater Treatment Facility 2012 Phase 1B Improvements, will be received at the office of City Hall, Town of Rosalia, 110 W. Fifth, Rosalia, WA 99170 until 10:00 a.m., Thursday, May 17th, 2012, at which time the bids will be publicly opened and read.

The project generally consists of repairing and raising the wastewater lagoon dikes, replacement of the level control structure, replacement of influent pipes, associated electrical, and miscellaneous appurtenances.

Complete plans, specifications, and special instructions may be obtained for a non-refundable fee of $40.00 per set at the office of J-U-B ENGINEERS, Inc. 422 W. Riverside Ave., Suite 304, Spokane, WA 99201, (509) 458-3727.

Informational copies of the plans and specifications are on file for inspection at the office of J-U-B ENGINEERS, Inc., the Town of Rosalia City Hall and area plan centers.

For information regarding the project contact: Layne Merritt, P.E., Project Manager, (509) 458-3727.

All bids must be sealed and plainly marked "SEALED BID FOR TOWN OF Rosalia, WASTEWATER TREATMENT FACILITY 2012 PHASE 1B IMPROVEMENTS" All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashiers check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal.

Only properly executed proposals submitted on the forms furnished by the Town of Rosalia will be accepted.

All bidders are required to submit a list of subcontractors that will perform work on the project amounting to ten percent (10%) or more of the contract amount.

A non-mandatory pre-bid meeting will be held at 10:00 a.m. on Thursday, May 3, 2012, at the Town of Rosalia City Hall, 110 W Fifth, Rosalia, WA.

A tabulation of the bids received, together with the recommendation of the Mayor of Rosalia, will be presented to the City Council at the first available regularly scheduled meeting. The City Council reserves the right to reject any and all Proposals, to waive any and all informalities and the right to disregard all nonconforming, nonresponsive or conditional Proposals.

All work performed on this project will be subject to the higher of the prevailing state or federal wage rates.

This project is funded through the Washington State Community Development Block Grant program with federal funds from the U.S. Department of Housing and Urban Development.

Award of the construction contract is contingent upon approval by the funding agency.

The Town of Rosalia is an Equal Opportunity Employer. Small minority and women-owned businesses are encouraged to bid.

Jim Stenhouse, Mayor

17/2

NOTICE

The Washington Grain Commission will hold its annual meeting May 16 and 17, 2012 in the Commission Conference Room, 2702 W. Sunset Blvd., Ste A. This meeting will begin at 10:00 a.m. on Wednesday, May 16. The meeting will ' reconvene at 8:00 a.m. on Thursday, May 17. The public is invited to attend.

17/1

ORDINANCE NO. 345X

AN ORDINANCE vacating Elm Street of Block 2 of J. I. Person's Addition of the Town of St. John, Washington, AS DESCRIBED HEREIN.

WHEREAS, Lots 1, 2, 3, 4, and 5 is not now used for vehicular traffic and is of no other use to the public, and

WHEREAS, due notice of the date and place of this hearing on said resolution as previously fixed by this Council, has been given in accordance with the applicable statutes, the affidavit therefore being on file in the office of the Town Clerk, and any required consideration for said property being vacated has been paid by the abutting owner to the Town of St. John, and

WHEREAS, due notice was given to the abutting property owner, and

WHEREAS, any objections to this vacation have been considered, and such vacation being for the best interest of the Town of St. John, now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF ST. JOHN:

Section 1: That Elm Street located in Block 2 between Lots 1, 2, 3, 4, and 5 of J. I. Person's Addition is hereby vacated.

Section 2: This Ordinance shall be in full force and effect five (5) days from and after its publication in the Whitman County Gazette.

K. B. Trunkey, MAYOR

ATTEST:

By Linda J. Hayes, CLERK - TREASURER

17/1

MITIGATED DETERMINATION

OF NONSIGNIFICANCE

The Port of Whitman County issued a Mitigated Determination of Nonsignificance (MDNS) under the State Policy Act Rules (Chapter 197-11 WAC) for the following project:

Description of Proposal:

Grading and leveling of two heavy industrial zoned lots at the Port of Central Ferry in order to construct gravel lot, gravel access roads, two circular asphalt pads with short eco-block containment walls and install a scale and scale house for a grain storage and transfer facility.

Proposed project is located on SITES K &L of the Port of Central Ferry according to the recorded plat thereof recorded in the office of the Auditor of Whitman County, State of Washington, under Auditor's file number 404779.

Sites K & L are located on portions of Sections 3 & 4, T 13N. R40E, WM, Whitman County, WA.

SUBJECT to all restrictions and reservations contained in any deed from the United States of America, now or hereafter executed and delivered to the PORT conveying any portion of said leased premises

After review of a completed environmental checklist, the Port of Whitman County has determined this proposal will not have a probable significant adverse impact on the environment.

The following conditions are hereby incorporated, with the applicant's agreement, into this Mitigated DNS: In order to minimize erosion, maximize weed control, minimize possible construction and operation impacts on water quality and minimize possible impacts to fish the applicant will:

Using Best Management practices, implement erosion control methods as necessary to prevent project construction run-off.

Take reasonable precautions during project grading to prevent broadcast of noxious weed seed.

Using Best management practices implement storm water control plan and measures to prevent possible surface run-off and contain any storm water from impervious surfaces on site.

Copies of this MDNS are available at no charge from the Port of Whitman County, 302 N Mill Street, Colfax, WA, 99111, or by mail at the same address. The public is invited to comment on this MDNS by submitting written comments no later than 4:30 PM on Thursday, May 10, 2012, to Debbie Snell, Properties and Development Manager, at the above address.

For more information, please contact the Port of Whitman County at (509) 397-3791.

Debbie Snell

Properties and Development Manager

17/1c

SURPLUS VEHICLE SALE

TOWN OF OAKESDALE

The Town of Oakesdale is accepting

Sealed Bids on a used 1960 Galion Grader in fair condition. Sale as is, where is with no warranty expressed or implied. Grader may be inspected at City Hall, 105 N First, Oakesdale, WA. Grader will be sold to the person submitting the highest purchase bid above the established minimum bid.

Minimum bid: $2,000

Send bids to Town of Oakesdale, P.O. Box 246, Oakesdale, WA 99158. Bids will be accepted at City Hall until 3:00 p.m. May 7, 2012 at which time bids will be opened.

Payment must be made in cash or certified bank check no later than May 11, 2012.

Questions: Call City Hall at (509) 285-4020.

17/2

PUBLIC NOTICE

Pomeroy Grain Growers, PO Box 220 Pomeroy, WA 99347, is seeking coverage under the Washington State Department of Ecology's Construction Stormwater NPDES and State Waste Discharge General Permit.

The proposed project, Central Ferry Storage Improvements is located at 8195 Hopkins Way in Pomeroy, in Whitman County.

This project involves 5.7 acres of soil disturbance for commercial construction activities.

Stormwater will be discharged to groundwater infiltration.

Any persons desiring to present their views to the Washington State Department of Ecology regarding this application, or interested in Ecology's action on this application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II antidegradation requirements under WAC 173-201A-320.

Comments can be submitted to:

Department of Ecology

Attn: Water Quality Program, Construction Stormwater

P.O. Box 47696, Olympia, WA 98504-7696

16/2

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

ALBERT MATTUS,

Deceased.

NO. 12-4-00031-5

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 19, 2012

PERSONAL REPRESENTATIVE

KEVIN BARRY

ATTORNEYS FOR PERSONAL REPRESENTATIVE

LIBEY & ENSLEY, PLLC

ADDRESS FOR MAILING OF SERVICE

P.O. Box 619

North 409 Main Street

Colfax, WA 99111-0619

Telephone: 509-397-4345

PROBATE NOTICE TO CREDITORS

16/3

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE OF:

ALBERT LOUIS RUBENSER,

DECEASED.

NO. 12-4-00029-3

NOTICE TO CREDITORS

The undersigned has been appointed and has qualified as Personal Representative of the estate of the above-named Decedent. Each person having a claim against the deceased must serve a claim on the undersigned Personal Representative or on the attorney of record at the address stated below and must file an executed copy of the claim with the Clerk of the Court within four (4) months after the date of the first publication of this Notice or within four (4) months after the date of filing of a copy of this Notice with the Clerk of the Court, whichever is the later or the claim will be barred, except under those provisions included in RCW 11.40.011.

DATE of filing Notice of Creditors: April 3, 2012

DATE of first publication:

April 12, 2012

ROBERT F. RUBENSER

Personal Representative of the Estate

CANYON LAW OFFICE

TERESA KEENE, WSBA #40045

Attorney for Estate

15/3

Return Address:

Libey & Ensley, PLLC

P.O. Box 619

Colfax, WA 99111-0619

NOTICE OF TRUSTEE'S SALE

Reference numbers of related documents:

on page 2 of document ñ 623876

Grantor(s):

1. LIBEY, Gary J.

Successor Trustee

Grantee(s):

1. THE PUBLIC

2. COUCH, James R., Jr.

3. COUCH, LeAnn M.

Legal Description:

1. Lot 39, Sunrise Terrace Subdivision, Auditor's File No. 446565, Whitman County, Washington

2. Additional legal description is on page 1 of document

Assessor's Property Tax Parcel Account Number(s):

1-1345-00-00-39-0001

NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 25th day of May, 2012, at the hour of 10:00 o'clock a.m., inside the main lobby of the Whitman County Courthouse, North 400 Main Street, Colfax, WA 99111, sell at public auction to the highest and best bidder, payable at time of sale, the following described property, situated in the County of Whitman, State of Washington, to-wit:

Lot 39, Sunrise Terrace Subdivision, according to plat thereof recorded under Auditor's File No. 446565, records of Whitman County, Washington;

which is subject to that certain Deed of Trust dated June 15, 2000, recorded June 16, 2000, under Auditor's File No. 623876, records of Whitman County, Washington, from JAMES R. COUCH, JR., and LEANN M. COUCH, husband and wife, as Grantors, to PIONEER TITLE COMPANY OF WASHINGTON, as Trustee, to secure an obligation in favor of FAYE RIMA, as Beneficiary.

II.

No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any Court by reason of Grantors' default on the obligation secured by the Deed of Trust.

III.

The default(s) for which this foreclosure is made is/are as follows:

Failure to pay when due the following amounts which are in arrears:

Principal $7,385.00

Sub-Total of Amounts

In Arrears: $7,385.00

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal Balance of $134,037.49, together with interest as provided in the note or other instrument secured from the 15th day of June, 2000, and such other costs and fees as are due under the Notice or other instrument secured, and as are provided by statute.

The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute.

The sale will be made without warranty, express or implied regarding title, possession, or encumbrances on the 25th day of May, 2012.

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 the 14th day of May, 2012, to cause a discontinuance of the sale.

The sale will be discontinued and terminated if at any time on or before the 14th day of May, 2012, 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 the 14th day of May, 2012, and before the sale by the Grantors or the Grantors' successor in interest or the holder of any recorded junior lien or encumbrance paying the entire 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 served by the Beneficiary or Trustee to the Grantors or the Grantors' successor in interest at the following addresses:

NAME ADDRESS

James R. Couch, Jr.

LeAnn M. Couch

219 NW Sunrise Dr.

Pullman, WA 99163

James R. Couch, Jr.

LeAnn M. Couch 538 CR 240

Valleyview, TX 76272

Josh Gile 219 NW Sunrise Dr.,

Unit B

Pullman, WA 99163

by mailing said Notice of Default to the Grantors at the above address by regular first-class mail and by certified mail on January 11, 2012, proof of which is in the possession of the Trustee. The written notice of default was posted in a conspicuous place on the real property described in paragraph I above on January 13, 2012, 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 costs and fees due at any time prior to the sale.

VIII.

The effect of the sale will be to deprive the Grantors and all those who hold by, through or under the Grantors of all their interest in the above-described 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.

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 and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, chapter 59.12 RCW.

Only one copy of all notices required by this chapter need be given to a person who is both the borrower and the grantor. All notices required by this chapter that are given to a general partnership are deemed given to each of its general partners, unless otherwise agreed by the parties.

NOTICE TO GUARANTORS OF A COMMERCIAL LOAN

The guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less than the debt secured by the deed of trust.

The guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the Trustee's sale.

The guarantor will have no right to redeem the property after the Trustee's sale.

Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the Trustee's sale, or the last Trustee's sale under any deed of trust granted to secure the same debt.

In any action for a deficiency, the guarantor will have the right to establish the fair value of the property as of the date of the Trustee's sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt.

DATED this 24th day of April, 2012.

LIBEY & ENSLEY, PLLC

By: GARY J. LIBEY,

Successor Trustee

WSBA No. 06861

17 $ 20