Serving Whitman County since 1877

Legal Notices

NOTICE OF ELECTION

Whitman County Washington

August 7, 2018

Primary Election

NOTICE IS HEREBY GIVEN that on Tuesday, the 7th of August, 2018, in the County of Whitman, State of Washington a Primary Election will be held for the purpose of voting on candidate(s) for U. S. Senator, Congressional District No. 5, Legislative District No. 9 Position 1, Legislative District No. 9 Position 2, Whitman County Assessor, Whitman County Auditor, Whitman County Clerk, Whitman County Commissioner District 3, Whitman County Coroner, Whitman County Prosecutor, Whitman County Sheriff, Whitman County Treasurer, and District Court Judge Pos. 1 and to accept or reject the proposition(s) listed below: Town of Farmington, Town of Garfield, and Whitman County Fire District No. 5, Whitman County Fire District No. 7 and St. John Cemetery District No. 3. Voters will only be entitled to vote on propositions within their districts and only those districts listed are included in this special election.

Town of Farmington

Prop. No. 1 - $8,000.00 Street Maintenance, Repairs, and Improvement of the Town Streets

Prop. No. 2 - $15,000.00 Finance the current expense fund

Town of Garfield

Prop. No. 1 - $62,000.00 Street Maintenance, Repair, and Improvements

Whit. Co. Fire Dist. #5

Prop. No. 1 - $40,000.00 Maintenance and Operation Expenses (4 year Levy)

Whit. Co. Fire Dist. #7

Prop. No. 1 - $0.50 per $1,000.00 assessed value 6 year Renewal tax levy to fund Emergency Medical Services

St. John Cemetery #3

Prop. No. 1 - $14,000.00 Maintenance and Operation

Prop. No. 2 - $28,000.00 2 year Levy for Paving Deteriorating Road

Voter registration deadlines: Standard deadline: Applications or updates must be postmarked or submitted online no later than Monday, July 9, 2018. Registration forms, updating address information, name changes, etc. are/is available at http://www.sos.wa.gov, Pullman City Clerk’s Office, or at the Whitman County Election Department, N. 304 Main St, Colfax. Late deadline: For individuals not currently registered in Washington State, in person registration at the Whitman County Elections Department, N 304 Main St., Colfax, or Pullman City Clerk’s Office; 325 SE Paradise St. Pullman closes Monday, July 25, 2018 at 5:00 pm.

The following is the Service Center(s) for this Primary Election: Whitman County is an all Vote by Mail County. First Class Postage is prepaid for this election.

The drop off site(s) for this Primary Election are:

July 18– Aug. 7, 2018

Colfax

8:00 am – 5:00 pm Whitman County Election Department

N 304 Main St Colfax WA

Alley behind the Public Service Building in Colfax

July 18– Aug 6, 2018

Pullman City Clerk’s Office

325 SE Paradise St. -- Pullman

Monday through Friday

9:00 am – 5:00 pm

West Entrance of the Cub – WSU Campus

Will be locked at 8:00 pm Election Day

200 Block on Paradise St

Across from the Old Post Office

Locked at 8:00 pm Election Day

August 7, 2018

Colfax Service Center – Election Day

8:00 am – 8:00 pm Whitman County Election Department

Accessible Voting Available

N 304 Main St Colfax, WA

August 7, 2018

Pullman Service Center – Election Day

8:00 am–8:00 pm Pullman City Hall

Accessible Voting Available

325 SE Paradise St, Pullman

Drop boxes will be locked at 8:00 pm Election Day.

The Service Centers for this election will be open and remain open from 8 a.m. until 8 p.m. of said election day (unless at the hour of closing there are any voters in the Service Center desiring to vote and who are qualified to participate therein, and who have not been able to since appearing at the Service Center, in which event said center shall be kept open reasonably long enough after the hour of closing to allow those present at the time of closing to vote). The hour of closing is announced by a service worker by declaring in a loud and clear voice “The Service Center is closed.” In addition to ballot drop off boxes, voting machines for the visually, hearing, or physically impaired are available at the service center(s). For more information contact the Election Department at 509-397-5284 or email elections@co.whitman.wa.us. Vote-by-mail ballots, pursuant to WAC 434-250-080, needing replaced for lost or damaged ballots, can be obtained through the Whitman County Auditor, N. 304 Main St., Colfax, WA 99111 or phone (509) 397-5284. You may also go on line to MyVote to vote your correct ballot.

NOTICE OF PUBLIC MEETINGS:

Pursuant to WAC 434-335-320 the Whitman County Elections department will be holding the Logic and Accuracy test on July 18, 2018 at 2:00 pm in the Elections office. This is a pretest of the Whitman County’s tabulation system.

The Canvassing Board of Whitman County, pursuant to RCW 29A.60.160, will hold public meetings at the dates and times listed below. The meetings of the Canvassing Board are open, public meetings under the applicable provisions of chapter 42.30 RCW and each meeting shall be continued until the activity for which the meeting is held has been completed.

August 20, 2018 9:00 am Public Canvassing Board Meeting

Verify Ballot’s August 7, 2018 Election

Whitman County Election Department

N 304 Main St, Colfax

August 21, 2018 9:00 am Public Canvassing Board Meeting

Certification of August 7, 2018 Election

Whitman County Election Department

N 304 Main St, Colfax

Dated June 24, 2018

________________________

Eunice Coker

Mish Stanley

Whitman County Auditor & Election Supervisor

Ex-Officio Supervisor of Elections

(SEAL) 26/1

PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Whitman County Board of Commissioners will conduct a closed record appeal hearing on Monday, July 2, 2018, at 11:00 a.m. in their Chambers, Courthouse, Colfax, Washington.

The purpose of the hearing is to consider the Whitman County Planning Commission’s findings and recommendations for the rezoning of approximately 2-acres owned by Inland Empire Milling Company from an Agricultural District to Limited Heavy Industrial District located at 9611 Pine City-Malden Road, Rosalia, WA, on the west side of the community of Pine City in Section 28, Township 20 North, Range 42 EWM.

Any interested individual may attend said hearing. 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. EEO

Maribeth Becker, CMC, Clerk of the Board 25/2

PUBLIC HEARING NOTICE

The Town of Garfield Planning Commission will be holding a public hearing for the rezoning of the lot located at the Southeast corner of Main St. and 7th St. on Monday, July 09, 2018 at 6 p.m. at Town Hall. For more information please contact Nancy Whitesell, Clerk/Treasurer, at Town Hall, 405 W California St, Garfield WA

(509) 635-1604 garfield-town@completebbs.com 26/1

PUBLIC HEARING NOTICE

The Town of Garfield will be holding a public hearing for the rezoning of the lot located at the Southeast corner of Main St. and 7th St. before the regular council meeting on Wednesday, July 11, 2018 at 7 p.m. at Town Hall. For more information please contact Nancy Whitesell, Clerk/Treasurer, at Town Hall, 405 W California St, Garfield WA

(509) 635-1604 garfield-town@completebbs.com 26/1

Notice of Meeting

A Board Meeting of the Southeast Washington Economic Development Assoc. (SEWEDA) will take place on Tuesday, July 10, 2018, from 10:00 AM to 11:30 AM at Pomeroy High School, 1090 Pataha Street, Pomeroy, WA. The meeting is open to the public. 26/1

SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF WHITMAN

IN THE ESTATE OF

HELEN K. DELAY,

Deceased.

No. 18-00066-38

PROBATE NOTICE

TO CREDITORS

OF HELEN K. DELAY, DECEASED

RCW 11.40.030

The Co-Personal Representatives named below have been appointed and have qualified as Co-Personal Representatives of this estate. Any persons having claims 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 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 in which the probate proceedings were commenced. The claim must be presented within the later of:

(1) Thirty (30) days after the Co-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 the decedent’s probate and non-probate assets.

Publications (2, Spokane and Whitman)

County of decedent’s residence

Date of first publication

County of probate proceedings

Date of first publication

Spokane Valley News Herald

June 22, 2018

Whitman County Gazette

June 21, 2018

Co-Personal Representatives (3):

Joseph P. Delay, Sr.

Paul J. Delay

Michael J. Delay

Address for mailing of service:

Peyton Bldg.

10 N. Post St., Ste. 301

Spokane, WA 99201

Court of probate proceedings and cause no.

Whitman County

Case No. 18-4-00066-38 25/3

Notice and Public Review

of a Proposed Activity

in a 100-Year Floodplain

To: All interested Federal, State, and Local Agencies, Groups and Individuals

This is to give notice that the Town of Rosalia has determined that a portion of the proposed Town of Rosalia Wastewater Collection System Rehabilitation and Water System Improvements and Associated Planning Document Updates (2017-2018) is located in the 100-year floodplain associated with Pine Creek. The Town of Rosalia will be identifying and evaluating practicable alternatives to locating the action in the floodplain and the potential impacts on the floodplain from the proposed action, as required by Executive Order 11988, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Protection of Wetlands.

It should be noted that the Washington State Department of Commerce Community Development Block Grant (CDBG) Program component (CDBG contract number 17-62210-031) of the proposed project is not located in the 100-year floodplain.

This notice serves to function as the first public notice associated with 24 CFR 55.20, published for a 15-day comment period starting June 21, 2018.

Date Published: June 21, 2018 and June 28, 2018

Name of Applicant/Responsible Entity [RE]: Town of Rosalia

Project Title: Town of Rosalia Wastewater Collection System Rehabilitation and Water System Improvements and Associated Planning Document Updates (2017- 2018).

Location of the Project: The proposed project is located within Sections 10, 11, 14, and 15, Township 20 North, Range 43 East, Rosalia, Whitman County, Washington. The proposed project area is located within the Rosalia town limits, with the exception of approximately 1.0 acres of established pipeline that is located adjacent to the town boundary.

Project Description: The Town of Rosalia proposes to repair or replace approximately 21,600 feet of water and wastewater lines. The proposed project action is comprised of wastewater collection system improvements and rehabilitation of the water system within the Rosalia town limits, as well as improvements to water and wastewater lines on approximately 1.0 acres outside of, but adjacent to, the town boundary.

Acres of Floodplain Involved: Approximately 0.62 acres of the proposed project would occur in the 100-year floodplain.

Floodplain Impacts Resulting from the Proposal: Permanent floodplain impacts are not anticipated because pipe replacement/rehabilitation would occur in previously disturbed locations, and would match the pre-construction contours. There would be no net fill associated with the work in the 100-year floodplain.

Purpose for this Notice: There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Commenters are encouraged to offer alternative sites outside of the floodplain, alternative methods to serve the same project purpose, and methods to minimize and mitigate impacts. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about floodplains can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in floodplains, it must inform those who may be put at greater or continued risk.

For further information please contact the Certifying Officer of the RE:

Mayor Leland F. Root, Town of Rosalia

(509) 523-5991

A full description of the proposed action may be reviewed at the following address:

Town of Rosalia

110 W. Fifth Street

Rosalia, WA 99170

Monday through Friday, 8:00 a.m. - 3:30 p.m.

Written comments should be mailed to:

Town of Rosalia

110 W. Fifth Street

Rosalia, WA 99170

Or submitted via email to: clerk@rosaliatown.org

Comments must be received no later than July 6, 2018. 25/2

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR

THE COUNTY OF WHITMAN

ROGER W. COX,

a married person

as his separate estate,

Plaintiff,

vs.

The unknown heirs and devisees of RUTH E.

SCHIERMAN, deceased; and any and all other persons or parties unknown claiming any right, title, estate, lien, or interest in the real estate described

in the complaint herein,

Defendants.

No. 18-2-00106-38 SUMMONS BY PUBLICATION

The State of Washington to the unknown heirs and devisees of Ruth E. Schierman, deceased; and any and all other persons or parties unknown claiming any right, title, estate, lien, or interest in the real estate described in the complaint herein:

You, and each of you, are hereby summoned to appear within sixty ( 60) days after the date of first publication of this summons, to wit, within sixty ( 60) days after the 31st day of May, 2018, and defend the above-entitled action in the above-entitled court and answer the complaint of the plaintiffs and serve a copy of your answer upon the undersigned attorneys for the plaintiff, at their office below stated; and, in case of your failure so to do, judgment will be rendered against you according to the demands of the complaint in this action which has been filed with the clerk of said court.

The object of this action is to quiet title in plaintiffs to real estate in Whitman County, Washington, described as:

Lots 3 and 4, and the south half of the northwest quarter of Section 4, Township 17 North, Range 41 East, W.M.

Also that part of the southeast quarter of the northeast quarter of Section 5, Township 17 North, Range 41 East, W.M., lying east of the G.S. Allen Road, as traveled March 30, 1959, now known as County Road No. 4240, Grove Road.

Situate in the County of Whitman, State of Washington, against the claim of the defendants and any one of them.

Dated this 23rd day of May, 2018.

BLADO KIGER BOLAN, P.S.

Douglas N. Kiger, WSBA #26211

Attorney for Roger W. Cox 22/6

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON,

IN AND FOR

THE COUNTY OF WHITMAN

SAND ROAD LAND COMPANY, a General Partnership,

Plaintiff,

v.

THE UNKNOWN HEIRS, DEVISEES, SUCCESSORS AND/OR ASSIGNS OF WAYNE B. KLEMGARD and ELIZABETH KLEMGARD, ALSO ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE

COUNTY OF WHITMAN,

STATE OF WASHINGTON,

TO WIT:

A tract of land in the north half of the northwest quarter of Section 29, Township 14 North, Range 44 East, W.M., Whitman County, Washington, described as follows: BEGINNING at the northwest corner of said Section 29; thence east along the north line of said Section 29 1414 feet to a point 30 feet east of centerline of the existing county road; thence south 1°55' west 848.27 feet parallel with and 30 feet easterly of the centerline of said county road to the true point of beginning; thence south 88°05' east and running 150.00 feet to an angle point; thence south 2°24'25" east and running 315.92 feet to an angle point; thence south 86°40'20" west and running 150 feet to an angle point 30 feet from and perpendicular to the centerline of the existing county road; thence northerly along a line 30 feet from and perpendicular to the centerline of said county road to the true point of beginning.

EXCEPT that portion of Ray Story Farms Inc., Short Plat No. 1, according to plat thereof, recorded under Auditor's File No. 643052, records of Whitman County, Washington, lying with within the above-described tract of land.

Defendants.

CASE NO. 18-2-00125-38

SUMMONS BY PUBLICATION

TO: The Unknown Heirs, Devisees, Successors and/or Assigns of Wayne B. Klemgard and Elizabeth Klemgard, also all other Persons or Parties Unknown Claiming any right, title, estate, lien, or interest in the hereinabove described real property situate in the county of Whitman, State of Washington, in the caption of this Summons by Publication:

You have been sued by SAND ROAD LAND COMPANY, plaintiff, in the Superior Court in and for the County of Whitman, State of Washington, in the above-entitled case.

The nature of the claim against you is an action for title to the real property described in the caption of this Summons by Publication to be quieted in plaintiff, SAND ROAD LAND COMPANY, and defendants, the unknown heirs, devisees, Successors and/or assigns of Wayne B. Klemgard and Elizabeth Klemgard; also all other Persons or Parties Unknown Claiming any right, title, estate, lien, or interest in the hereinabove described real property situate in the county of Whitman, State of Washington, in the caption of this Summons by Publication, and that the plaintiff, SAND ROAD LAND COMPANY, be adjudged and decreed to be the owner in fee simple absolute of said real property.

Any time after 20-days following the last publication of this Summons, the Court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at: Whitman County Superior Court, Whitman County Courthouse, Colfax, Washington 99111, (509) 397-6244, and served a copy of your response on the Plaintiff's attorney at: Cody R. Moore, Westberg Roepke Moore, PLLC, 530 S. Asbury St., Suite 2, Moscow, ID 83843, (208) 883-1520.

A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff. If you wish for legal assistance, you should immediately retain an attorney to advise you in this matter.

DATED this 13th day of June, 2018.

WESTBERG ROEPKE MOORE, PLLC

By ___________________

CODY R. MOORE, WSBA #49816

Attorney for Plaintiff 26/6

 

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