Whitman County Gazette - Serving Whitman County since 1877

Legal Notices

 

July 19, 2018 | View PDF



NOTICE OF CALL FOR BIDS

FARMINGTON ROAD OVERLAY 2

C.R.P. No. 1000-12

WHITMAN COUNTY,

STATE OF WASHINGTON

Sealed proposals for this project will be received by the Board of County Commissioners of Whitman County, State of Washington, at its office in the Whitman County Courthouse in Colfax, Washington, until 10:00 a.m. Daylight Savings Time, on Monday, August 13, 2018, at which time all bids will be opened and publicly read.

Each proposal shall be separately sealed in an envelope addressed to the Whitman County Board of County Commissioners with the name of the bidder and the project name written plainly on the outside of the envelope. (NO FACSIMILES ACCEPTED)

Detailed bid sheets and specifications may be obtained from the Whitman County Engineer at his office on the Second Floor of the Public Services Building, North 310 Main Street in Colfax, Washington upon payment in the amount of $40.00 (Non-Refundable). The detailed bid sheets and specifications are also available for download at http://www.whitmancounty.org.

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 insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR 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.

Handicap Access to the Whitman County Courthouse is available at the Mill Street Entrance.

This contract provides for the improvement of approximately 4.83 miles of Farmington Road, County Road No. 1000, from milepost 5.41 to milepost 10.24 by HMA paving, fog sealing, pavement markings, traffic control and other work, all in accordance with the Contract Plans and Provisions and the Standard Specifications.

DATED this 16th day of July, 2018

Maribeth Becker, CMC, Clerk of the Board 29/2

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

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

TEKOA SCHOOL DISTRICT

NOTICE OF BUDGET HEARING

A public hearing to review and adopt the 2018-2019 General Fund Budget will be held on Tuesday, July 31, 2017, at 7:00 p.m. in school district administration board room located at North 135 College Avenue, Tekoa, Washington. 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 284-3281. 29/2

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

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

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

 
 
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