Whitman County Gazette - Serving Whitman County since 1877

Legal Notices

 

July 5, 2018 | View PDF



NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Whitman County, Washington will meet in its office in the Whitman County Commissioners’ Chambers, in the Courthouse in Colfax, Washington on Monday, the 16th day of July 2018, at the hour of 11:00 a.m. for the purpose of considering Whitman County’s Six-Year Road Program (2019 – 2024), at which time and place any taxpayer may appear and be heard for or against said program.

Handicap access for the Whitman County Courthouse is available at the Mill Street entrance.

BY ORDER OF THE BOARD OF WHITMAN COUNTY COMMISSIONERS.

GIVEN under my hand this 2nd day of July, 2018.

Maribeth Becker, CMC, Clerk of the Board 27/2

NOTICE TO VENDORS AND CONTRACTORS

Whitman County, Washington is soliciting vendors and contractors for placement on the following lists:

1) General Government - Office/Data Processing Equipment

2) General Government - Building Maintenance/Park and Recreation

3) General Government - Professional Services

4) Public Works Department - Materials, Equipment, Supplies, Etc.

5) Public Works Department - Contractors

6) Public Works Department - Professional Services

Whitman County maintains current rosters of vendors and contractors from which proposals will be requested for the purchase of Materials, Equipment, Supplies or Services for various small works projects.

In accordance with RCW Chapter 39.80, Whitman County invites letters of interest from consultants wishing to be placed on the Professional Services Roster. For any particular work, consultants to be considered will be selected from the Professional Services Roster or from responses to advertisements for consultants for that particular work. Contracts will be negotiated in accordance with RCW 39.80 and Whitman County’s selection procedures.

Whitman County in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CRF Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

Cities, towns and districts within Whitman County who have entered into an interlocal agreement with the County may choose to select materials, equipment, supplies or services from these lists.

Any vendor or contractor wishing placement on any list or updating current information may do so by accessing the Whitman County Website at http://www.whitmancounty.org, subtitle, “Small Works Roster”. For specific information regarding unbound letters of submittal, please call 509-397-4622. Vendors and contractors who have completed a questionnaire within the past 10 years do not need to resubmit another questionnaire.

Maribeth Becker, CMC, Clerk of the Board 27/2

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

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

Notice of Hearing

The Board of Directors of LaCrosse School District will hold a Budget Hearing on July 16, 2018, at 7:30 p.m: in the School District Library for the purpose of fixing and adopting the budget of the District for the 2018-19 school year. Any person may appear there and be heard for or against any part of the budget. Copies of the budget will be available for review in the district office on or about July 13. 27/2

Notice of Hearings

Malden Town Council will be holding two public hearings on Tuesday July 17, 2018. The first one will start at 7:00 pm and the second one start immediately following the closing of the first hearing. The first hearing is for public comment on water conservation goals and the second hearing is for public comment on the Complete Streets Program. Everyone is welcome and written comments can be submitted to Malden City Hall or by mail to Town of Malden PO Box 248, Malden WA 99149 27/1

ORDINANCE NO. 360

AN ORDINANCE OF THE TOWN OF ENDICOTT, WASHINGTON,

amending Endicott Municipal Code Chapter 2.2, "Volunteer Emergency Management Coordinator," thereby establishing the position of Volunteer Emergency Management Coordinator.

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF ENDICOTT AS FOLLOWS:

Section 1. Endicott Municipal Code Chapter 2.2, "VOLUNTEER EMERGENCY

MANAGEMENT COORDINf.TOR" is hereby adopted as follows:

"Chapter 2.22

VOLUNTEER EMERGENCY MANAGEMENT COORDINATOR

Sections

2.22.010 - Volunteer Emergency Management Coordinator - - Appointed 2.22.020 - Powers and Duties

2.22.030 - Qualifications - Removal

2.22.010- Volunteer Emergency Management Coordinator- -Appointed. There is established the position of Volunteer Emergency Management Coordinator. The Volunteer Emergency Management Coordinator shall be appointed by the Mayor to serve at the pleasure of the Mayor.

2.22.020 - Powers and Duties. The Volunteer Emergency Management Coordinator shall be responsible for carrying out the Town of Endicott's Emergency Management Program. Such responsibility shall include coordinating the response of emergency services, serving as the Town's disaster emergency coordinator, and all other duties necessary for carrying out the Town's responsibilities stated in the Town of Endicott Emergency Management Plan.

2.22.030 -Qualifications - Removal. All persons appointed by the Mayor to serve as Volunteer Emergency Management Coordinator shall complete all required training, as mandated by the Mayor, within one year of their appointment. The Mayor may remove any person from their appointment as Volunteer Emergency Management Coordinator for failing to complete the required training within the specified time frame, or for any other reason as determined by the Mayor in his or her sole discretion."

Section 2. This ordinance shall be in full force and effect five days after it or a summary thereof, is published in the official newspaper of the Town of Endicott as required by law.

ADOPTED this 12th day of June, 2018, by the Town Council of the Town of Endicott.

APPROVED: David Bilow, Mayor

ATTEST: Laura Jones, Clerk

Approved as to form:

Eric Hanson, Town Attorney

Passed: 6/12/18

Published: 7/5/18

Effective Date: 7/10/18 27/1

Steptoe School District No. 304

Notice of Budget Hearing

The Board of -Directors of Steptoe School District No. 304 will hold a budget hearing Monday July 16, 2018 at 6:45 pm in the Library of the school for the purpose of fixing and adopting the budget of the District for the 2018-19 school year. The public is welcome to attend and will be heard concerning the budget. Copies of the budget will be available for review in the district office.

Glenn K. Frizzell

Secretary to the Board 27/2

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

NOTICE OF TRUSTEE'S SALE

Pursuant to the Revised Code of Washington 61.24, et seq.TS No .: WA-17-799900-BB APN No .: 104300002040000, 104300003080000 Title Order No .: 8721926 Deed of Trust Grantor(s): KAYANNA L SCOTT, JUSTIN L SCOTT Deed of Trust Grantee(s): MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOMESTREET BANK, A WASHINGTON STATE CHARTERED BANK, ITS SUCCESSORS AND ASSIGNS Deed of Trust Instrument/Reference No .: 737144 I.NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 7/13/2018, at 10:00 AM At the main entrance to the Whitman County Courthouse, North 400 Main, Colfax, WA 99111 sell at public auction to the highest and best bidder, payable in the form of credit bid or cash bid in the form of cashier's check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of WHITMAN, State of Washington, to-wit: LOTS 1-8, INCLUSIVE, BLOCK 3, MCCROSKEY'S ADDITION TO GARFIELD, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME D OF PLATS, PAGE 17, RECORDS OF WHITMAN COUNTY, WASHINGTON More commonly known as: 208 W CLEVELAND ST, GARFIELD, WA 99130 which is subject to that certain Deed of Trust dated 8/24/2016, recorded 8/26/2016, under Instrument No. 737144 records of WHITMAN County, Washington, from JUSTIN L SCOTT AND KAYANNA L SCOTT, HUSBAND AND WIFE, as grantor(s), to STEWART TITLE, as original trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOMESTREET BANK, A WASHINGTON STATE CHARTERED BANK, ITS SUCCESSORS AND ASSIGNS, as original beneficiary, the beneficial interest in which was subsequently assigned to HomeStreet Bank, the Beneficiary, under an assignment recorded under Auditors File Number 745082 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 Borrower's or Grantor's default on the obligation secured by the Deed of Trust/Mortgage. III. The default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: $12,912.98. IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $143,671.07, together with interest as provided in the Note from 5/1/2017 on, and such other costs and fees as are provided by statute. V. 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. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 7/13/2018. The defaults referred to in Paragraph III must be cured by 7/2/2018 (11 days before the sale date), or by other date as permitted in the Note or Deed of Trust, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 7/2/2018 (11 days before the sale), or by other date as permitted in the Note or Deed of Trust, the default as set forth in Paragraph III is cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 7/2/2018 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults. VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower(s) and Grantor(s) by both first class and certified mail, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, with said written Notice of Default or the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph I above, and the Trustee has possession of proof of such service or posting. The list of recipients of the Notice of Default is listed within the Notice of Foreclosure provided to the Borrower(s) and Grantor(s). These requirements were completed as of 1/24/2018. 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 Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property. IX. Anyone having any objections to this 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. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date of this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877-894-4663) or Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm. The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National Web Site: http://portal.hud.gov/hudportal/HUD or for Local counseling agencies in Washington: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: 1-800-606-4819 or Web site: http://nwjustice.org/what-clear. Additional disclaimers provided by the Trustee: If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the noteholders rights against the real property only. Dated: 3/9/2018 Quality Loan Service Corp. of Washington, as Trustee By: Christine Summerson, Assistant Secretary Trustee's Mailing Address: Quality Loan Service Corp. of Washington C/O Quality Loan Service Corp. 411 Ivy Street, San Diego, CA 92101 (866) 645-7711 Trustee's Physical Address: Quality Loan Service Corp. of Washington 108 1 st Ave South, Suite 202 Seattle, WA 98104 (866) 925-0241 Sale Line: 1-866-539-4173 or Logi n to: http://wa.qualityloan.com Trustee Sale Number : WA-17-799900-BB IDSPub #0138199 6/14/2018 7/5/2018 24&27

 
 

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