Serving Whitman County since 1877

Legal Notices

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

ENDICOTT SCHOOL DISTRICT NO. 308

WHITMAN COUNTY, WASHINGTON

NOTICE OF MEETING TO ADOPT 2018-19 BUDGET AND CONDUCT PUBLIC HEARING

NOTICE is hereby given, pursuant to RCW 28A.505.050 and RCW 28A.505.060, that the Board of Directors (the “Board”) of Endicott School District No. 308, Whitman County, Washington (the “District”) will hold a regular meeting on July 23, 2018, commencing at 7:00 PM in the Endicott School Library, located at 308 School Drive, Endicott, Washington. The meeting is called for the purpose of fixing and adopting the budget of the District for the ensuing 2018-19 fiscal year. Prior to adoption of the 2018-19 budget, the Board will hold a hearing for the purpose of receiving comments from the public on the 2018-19 budget. Any person may appear at the hearing and be heard for or against any part of the 2018-19 budget, the four-year budget plan, or any proposed changes to uses of enrichment funding under RCW 28A.505.240 (Educational Programs and Operations Replacement Levy). Upon conclusion of the hearing, the Board shall fix and determine the appropriation from each fund contained in the 2018-19 budget and shall, by resolution, adopt the 2018-19 budget, the four-year budget plan summary, and the four-year enrollment projection. Copies will be available for review in the district office by July 10, 2018.

Endicott SCHOOL DISTRICT NO. 308

WHITMAN COUNTY, WASHINGTON

/s/ SUZANNE SCHMICK

Superintendent and Secretary to the Board of Directors 28/2

Concurrent Notice

Notice to the Public of Finding of No Significant Impact on the Environment

AND

Notice of Intent to Request Release of Funds

CDBG Contract Number: 17-62210-031

Dates Published: July 12, 2018 and July 19, 2018

Name of Responsible Entity [RE]: Town of Rosalia

Telephone Number: (509) 523-5991

Address (Street, City, Zip Code): 110 W. Fifth Street, Rosalia, WA 99170

These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the Town of Rosalia (RE).

REQUEST FOR

RELEASE OF FUNDS

On or about July 30, 2018 the above-named RE will request the Washington State Department of Commerce (Commerce) to release federal funds under Title I of the Housing and Community Development Act of 1974 (PL 93-383) for the following project:

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

Purpose or Nature of the Project: To improve and rehabilitate aged and deteriorating the sewer and water systems in the Town of Rosalia.

Location of Project: The entire 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.

The CDBG funded component of the proposed project action is located along First Street, Fairview Avenue, and Ninth Street.

Estimated Cost of the Project: $734,665.00

FINDING OF

NO SIGNIFICANT IMPACT

Dates Published: July 12, 2018 and July 19, 2018

The Town of Rosalia determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL 91-190) is not required. Additionally project information is contained in the Environmental Review Record (ERR) on file at the aforementioned Town of Rosalia address and is available for examination and copying weekdays between 8 a.m. and 3:30 p.m.

PUBLIC COMMENTS

Any individual, group or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the Town of Rosalia at the aforementioned address. All comments received by July 28, 2018 will be considered by the Town of Rosalia prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing.

RELEASE OF GRANT FUNDS

The Town of Rosalia certifies to Commerce that Leland F. Root in his capacity as Mayor of the Town of Rosalia consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. Commerce’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the Town of Rosalia to use State Community Development Block Grant (CDBG) Funds.

OBJECTIONS TO

RELEASE OF FUNDS

Commerce will accept objections to its release of funds and the Town of Rosalia’s certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: a) the certification was not executed by the Certifying Officer of the (Town of Rosalia); b) the RE has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the RE has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by Commerce; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to Community Development Block Grant, Program Manager, Department of Commerce, 1011 Plum Street SE, PO Box 42525, Olympia, Washington. 98504-2525. Potential objectors should contact the Community Development Block Grant Program at (360)725-3009 to verify the actual last day of the objection period.

Name of RE Certifying Officer: Leland F. Root

Title: Mayor, Town of Rosalia 28/2

Final Notice and Public Explanation 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 Responsible Entity under Part 58 (Town of Rosalia) has conducted an evaluation 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 Wetlands Protection.

Portions of the Town of Rosalia Wastewater Collection System Rehabilitation and Water System Improvements (the proposed Project Action) are located in the 100-year floodplain associated with Pine Creek.

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.

The proposed Project Action would not involve any wetlands.

This notice serves to function as the final public notice associated with 24 CFR 55.20, published for a 7-day comment period starting July 13, 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 entire 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.

The CDBG funded component of the proposed Project Action (sewer and water improvements/rehabilitation) is located along First Street, Fairview Avenue, and Ninth Street.

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 associated with Pine Creek.

The Town of Rosalia has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values:

The purpose of the proposed Project Action is to improve and rehabilitate the existing sewer and water systems located in the Town of Rosalia, and adjacent pipeline corridors. The primary reason for locating the project in the 100-year floodplain is because this is where the existing pipelines are located.

Alternatives Considered and Reasons for Non-Selection: The Town of Rosalia has considered the following alternatives:

1. Locating the project within the 100-year floodplain to address sewer and water issues in the existing pipelines

2. Locate in the 100-year floodplain with a Letter of Map Amendment (LOMA) – Site not eligible

Date Published: July 12, 2018

3. Locate in the 100-year floodplain with a Letter of Map Revision (LOMR) - Site not eligible

4. Locating outside of the 100-year floodplain/Modifying pipeline routes to avoid to the 100-year floodplain - Rejected

5. No Action - Rejected

The rejected alternatives were not selected because of one or more of the following reasons, the alternatives: 1) do not fulfill site selection criteria, 2) do not achieve the full objective of the proposed Project Action, 3) they may result in increased environmental impacts, 4) they are economically infeasible, and 5) the site is not eligible.

Mitigation Measures to be Taken to Minimize Adverse Impacts and to Restore and Preserve Natural and Beneficial Values: Given the small area of excavation (less than 1 acre), the type of construction activities (excavation and rehabilitation of an existing line) and the location of the construction (within an existing roadway), temporary impacts to the floodplain (if any) would be negligible.

Water quality maintenance values of the floodplain would be protected during the ground disturbing activities by retaining and treating any construction related stormwater runoff onsite, through appropriate best management practices.

Cultural and historic values of the floodplain would be protected by implementing an Inadvertent Discovery Plan (and Monitoring Plan, as applicable) during construction in the 100-year floodplain.

Post-construction contours would be returned to pre-construction contours; no net fill would result from the proposed Project Action. As a result, no permanent floodplain impacts are expected from the proposed Project Action.

Alternative Reevaluation: The Town of Rosalia has reevaluated the alternatives to working in the floodplain and has determined that it has no practicable alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11988, are available for public inspection, review and copying upon request at the times and location detailed in the last paragraph of this floodplain notice for receipt of comments.

Purpose of the Notice: There are three primary purposes for this notice. First, people who may be affected by activities in floodplain 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. 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.

Written comments must be received by the Town of Rosalia at the following address on or before July 20, 2018:

Town of Rosalia

Attn: Leland F. Root, Mayor

110 W. Fifth Street

Rosalia, WA 99170

(509) 523-5991

A full description of the project may also be reviewed Monday through Friday, 8:00 a.m. - 3:30 p.m. at the abovementioned address. Comments may also be submitted via email at clerk@rosaliatown.org.

Name of RE Certifying Officer: Leland F. Root

Title: Mayor, Town of Rosalia 28/1

Rosalia School District #320

Notice of Budget Hearing

A public hearing to review and adopt the Rosalia School District’s 2018-19 budget will be held Thursday, July 26, 2018, at 7:00 p.m. in the school conference room. Anyone desiring to offer comments for or against any portion of the budget will be heard. Copies of the budget may be obtained by contacting the district office at (509)523-3061. 28/2

The Rosalia School District #320 is accepting bids for two vehicles:

Bus: 1998 DT 466 Genesis International, 66 passenger, Type D Bus. The bus has a new starter and batteries, passed a recent safety inspection, and has 255,895 miles.

Truck: 1979 Chevy C70, 18’ flatbed, runs good, needs brake work and a two speed rear end switch.

Bid minimums for both vehicles are $600.00 each. Sealed bids will be accepted until 5:00 p.m. on July 26, 2018. For further information please contact the school bus shop at (509)523-2261. 28/2

ST JOHN SCHOOL DISTRICT NO. 322

WHITMAN COUNTY, WASHINGTON

NOTICE OF MEETING TO ADOPT 2018-19 BUDGET AND CONDUCT PUBLIC HEARING

NOTICE is hereby given, pursuant to RCW 28A.505.050 and RCW 28A.505.060, that the Board of Directors (the “Board”) of St John School District No. 322, Whitman County, Washington (the “District”) will hold a regular meeting on July 23, 2018, commencing at 7:00 PM in the Endicott School Library, located at 308 School Drive, Endicott, Washington. The meeting is called for the purpose of fixing and adopting the budget of the District for the ensuing 2018-19 fiscal year. Prior to adoption of the 2018-19 budget, the Board will hold a hearing for the purpose of receiving comments from the public on the 2018-19 budget. Any person may appear at the hearing and be heard for or against any part of the 2018-19 budget, the four-year budget plan, or any proposed changes to uses of enrichment funding under RCW 28A.505.240 (Educational Programs and Operations Replacement Levy). Upon conclusion of the hearing, the Board shall fix and determine the appropriation from each fund contained in the 2018-19 budget and shall, by resolution, adopt the 2018-19 budget, the four-year budget plan summary, and the four-year enrollment projection. Copies will be available for review in the district office by July 10, 2018.

ST JOHN SCHOOL DISTRICT NO. 322

WHITMAN COUNTY, WASHINGTON

/s/ SUZANNE SCHMICK

Superintendent and Secretary to the Board of Directors 28/2

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE OF

VIRGINIA L. MORGAN,

Deceased.

NO. 18-4-00071-38

PROBATE NOTICE TO CREDITORS

(RCW 11.40.070)

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 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; 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 nonprobate assets.

DATE OF FIRST PUBLICATION

July 12, 2018

______________________

PERSONAL REPRESENTATIVE

DAVID W. MORGAN

______________

ATTORNEYS FOR PERSONAL REPRESENTATIVE CARPENTER, McGUIRE & DeWULF, P.S.

BRUCE ENSLEY

ADDRESS FOR MAILING OF SERVICE

P.O. Box 619

105 S. Main Street

Colfax, WA 99111-0619

Telephone: 509-397-4345 28/3

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

A Mid-term board seat on the Palouse-Rock Lake Conservation District

is available for appointment

by the Palouse-Rock Lake Conservation District Board of Supervisors and the Washington State Conservation Commission from March 30, 2018 to May 2020. Conservation District board supervisors are public officials who serve without compensation and set policy and direction for the conservation district. An applicant must be a registered voter in the Palouse-Rock Lake Conservation District and may be required to own land or operate a farm. For more information, or to obtain an application form, please contact the Palouse-Rock Lake Conservation District at (509)648-3680 Ext.100 or visit the office at 3 N. Park in St. John WA. A Mid-term Application Form is available at the Conservation Commission website at scc.wa.gov under Elections and Appointments form AF2. This appointment will be open until filled. 28/2

Request for Proposals

Aging & Long Term Care of Eastern Washington (ALTCEW) seeks requests for proposals from agencies and businesses interested in providing the following services:

Whitman County: Senior Nutrition

Interested agencies and businesses should access the ALTCEW website at http://www.altcew.org/opportunities/rfirfprfq/ for more information. Responses are due at ALTCEW by 3:00 p.m. (PDT) August 6, 2018. ALTCEW will conduct a pre-bid conference July 11, 2018 starting at 1:30 p.m. at 1222 N. Post Street, Spokane, WA. 28/1

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

 

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