Whitman County Gazette - Serving Whitman County since 1877

Legal Notices

 

September 27, 2018



NOTICE OF ELECTION

Whitman County Washington

November 6, 2018

General Election

NOTICE IS HEREBY GIVEN that on Tuesday, the 6th of November, 2018, in the County of Whitman, State of Washington a General Election will be held for the purpose of voting on the adoption or rejection of Initiative Measure No. 1631, State Measure No. 1634, Initiative Measure No. 1639, Initiative Measure No. 940, and Advisory Vote No. 19, and 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, State Supreme Court Justice Pos. 2, State Supreme Court Justice Pos. 8, State Supreme Court Justice Pos. 9, and District Court Judge Pos. 1 and to accept or reject the proposition(s) listed below:

Town of Endicott - Prop. No. 1 - $7,500.00 - Fire and EMT Protection

Town of Farmington - Prop. No. 1 - $15,000.00 - Finance the Current Expense Fund

Town of Oakesdale - Prop. No. 1 - $14,000.00 - Public Safety to Fund Fire Protection

Prop. No. 2 - $41,000.00 - Street Work, Street Lights, Street Expenses and Maintenance

City of Palouse - Prop. No. 1 - $44,000.00 - Street Improvements and Street Oiling

Prop. No. 2 - $34,000.00 - Operation and Maintenance of the Swimming Pool

Town of Rosalia - Prop. No. 1 - $95,000.00 - City Street Fund

Town of St. John - Prop. No. 1 - $50,000.00 - Street Improvements and Maintenance

Prop. No. 2 - $60,000.00 - Water and Sewer Upgrade and Capital Improvements

City of Tekoa - Prop. No. 1 - $25,000.00 - Oiling of Gravel Streets and Chip sealing of Roads

Whit. Co. Fire Dist. #10 - Prop. No. 1 - $1.00 per $1,000.00 assessed value to fund Fire Protection and Emergency Medical Services

Whit. Co. Fire Dist. #11 - Prop. No. 1 - $1.00 per $1,000.00 assessed value to fund Maintenance and Operations

Oakesdale Cemetery #1 - Prop. No. 1 - $55,000.00 - Improvements and General Maintenance

Whit. Co. Cemetery #2 - Prop. No. 1 - $40,000.00 - Operation and Maintenance

Whit. Co. Cemetery #4 - Prop. No. 1 - $20,000.00 - Maintenance and Operation

LaCrosse Park & Rec #1 - Prop. No. 1 - $65,000.00 - Operation, Maintenance and Capital Improvements to the Swimming Pool

St. John Park & Rec #3 - Prop. No. 1 - $55,000.00 - Operation of Swimming Pool, Capital Outlay, and\or Cumulative Reserve

Oakesdale Park & Rec #4 - Prop. No. 1 - $82,000.00 - Operating, Maintaining and Improving Recreational facilities

Rosalia Park & Rec # 5 - Prop. No. 1 - $75,000.00 - Operation and Maintenance for Park and Swimming Pool

Endicott Park & Rec #7 - Prop. No. 1 - $45,000.00 - Operating Fund, Swimming Pool, Capital Outlay, and/or Cumulative Reserve

Voters will only be entitled to vote on propositions within their districts and only those districts listed are included in this special election.

Voter registration deadlines: Standard deadline: Applications or updates must be postmarked or submitted online no later than Monday, October 8, 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, October 29, 2018 at 5:00 pm.

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

Ballot Deposit site(s) for this General Election are:

October 17 – November 6, 2018

Colfax Voting Center

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

N 304 Main St Colfax WA

Alley behind the Public Service Building in Colfax

24 hour drop box-will be locked 8pm Election Day

October 17 – November 5, 2018

Pullman City Clerk’s Office

Staffed deposit site

325 SE Paradise St. - Pullman

Monday through Friday

9:00 am – 5:00 pm

West Entrance of the Cub – WSU Campus

24 hour drop box-will be locked at 8:00 pm Election Day

200 Block on Paradise St

Across from the Paradise Creek Brewery

24 hour drop box-will be locked at 8:00 pm Election Day

November 6, 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

November 6, 2018

Staffed Deposit Site – 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 and deposit sites 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 or Staffed Deposit Site 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 and staffed deposit site. For more information contact the Election Department at 509-397-5284 or email [email protected] 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 October 10, 2018 at 1:00 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.

November 26, 2018

9:00 am Public Canvassing Board Meeting

Verify Ballots November 6, 2018 Election

Whitman County Election Department

N 304 Main St, Colfax

November 27, 2018

9:00 am Public Canvassing Board Meeting

Certification of November 6, 2018 Election

Whitman County Election Department

N 304 Main St, Colfax

Dated Sept. 21, 2018

___________________

Eunice Coker

Whitman County Auditor &

Ex-Officio Supervisor of Elections

___________________

Mish Stanley

Election Supervisor

(SEAL) 39/1

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Board of Whitman County Commissioners has completed and will place on file at the Office of the Whitman County Commissioners, Whitman County Courthouse, the Preliminary Budget for Fiscal Year 2019. The total amount of the budget for 2019 is approximately $65,000,000. The budget will be available October 1, 2018 and may be reviewed by any citizen who contacts the Clerk of the Board in the Commissioners' Office or by calling 397-5240.

NOTICE IS FURTHER GIVEN that a public hearing for the purpose of adopting the budget for fiscal year 2019 will be held on Monday, October 1, 2018 at 10:30 a.m. and continued to Monday, October 15, 2018 at 10:30 a.m. in the Commissioners' Chambers located in the Whitman County Courthouse at Colfax, Washington. Any taxpayer may appear and be heard for or against any part of the budget.

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.

Maribeth Becker, CMC, Clerk of the Board 38/2

PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Whitman County Board of Commissioners will conduct a closed record appeal hearing on Monday, October 1, 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 3.4-acres owned by Bill Swan from the Agricultural District to a Limited Heavy Industrial District located on the east side of SR 17, half way between Pullman and Palouse in Section 35, Township 16 North, Range 45 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 38/2

NOTICE OF DETERMINATION OF NONSIGNIFICANCE

Colfax School District issued a determination of non-significance (DNS) under the State Environmental Policy Act Rules (Chapter 197-11 WAC) for the following project:

This project consists of approximately 10,000 square foot interior renovation of the existing Jennings Elementary school gymnasium. Approximately 92,600 square foot interior renovation of the existing Colfax High School to include minor upgrades to the existing school campus site. Replace the football field lights and poles. Addition of approximately 20,000 square feet of asphalt over existing gravel. Demolition of the existing old Bus Barn.

Copies of the DNS are available at no charge from Jerry Pugh Colfax School District (509) 397-4368. The public is invited to comment on this DNS by submitting written comments no later than 10/7/18 to Jerry Pugh, Colfax School District, 1207 North Morton Street, Colfax, WA 99111. 39/2

ST JOHN SCHOOL BOARD APPOINTMENT

DIRECTOR DISTRICT #1

Applications are being accepted through 12:00 noon Wednesday, October 17, 2018 for an opening on the St John School Board. Interviews will be conducted at the regularly scheduled board meeting on Monday, October 22, 2018. The vacancy occurs in the Director District #1 which is open to any qualified applicant living outside city limits AND North of SR 23 within the St John School District boundary. For official boundary information, please contact the School District. Applications are available at the School District by contacting Dana Crider, 301 W. Nob Hill, St John, WA 99171

or call 509-648-3336. 39/4

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN, PHH MORTGAGE

CORPORATION, Plaintiff

v.

RICHARD W. CONRAD, an individual; DAVID G. BARBER, an individual; CAREN M. BARBER, an individual; and all other persons or parties unknown claiming any legal or equitable right, title, estate, lien, or interest in the real property described in the complaint herein, adverse to Plaintiff’s title, or any cloud on Plaintiff’s title to the Property, collectively designated as

DOES 1 through 50, inclusive, Defendants.

Case No. 18-2-00018-38

SUMMONS BY PUBLICATION

TO THE DEFENDANT: RICHARD W. CONRAD: In the name of the State of Washington, you are hereby required to appear and defend the complaint filed against you in the above entitled Court within thirty (30) days from the date of the first publication of this summons. The date of first publication in this matter is Sept. 20, 2018. If you fail timely to appear and answer, for want thereof, plaintiff(s) will apply to the court for relief demanded in the complaint. This is a judicial foreclosure of a deed of trust in which the plaintiff requests that the plaintiff be allowed to foreclose your interest in the following described real property:

That portion of the northeast quarter of the northwest quarter of Section 14, Township 16 North, Range 43 East, W.M., as follows: BEGINNING at a point on the east line of Mill Street 245 feet north along said east line from the north line of Island Street; thence east on a line parallel with said north line of Island Street 145 feet; thence angle to the left 83º30’, 177.14 feet; thence angle to the left 96º30’, 65.05 feet; thence south parallel with the east line of Mill Street 70 feet; thence west parallel to the north line of Island Street 100 feet to the east line of Mill Street; thence south along said east line to the point of beginning.

Commonly known as: 412 N. Mill Street, Colfax, WA 99111.

NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY! You must "appear" to protect your rights in this matter. To "appear" you must file with the court a legal paper called a "motion" or "reply." The "motion" or "reply" must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the Plaintiff’s attorney or, if the Plaintiff does not have an attorney, proof of service on the Plaintiff. If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may call the Washington State Bar's Lawyer Referral Service. The Washington State Bar`s web address is http://www.wsba.org. This Summons is issued pursuant to Rule 4 of the Superior Court Civil Riles of the State of Washington. Malcolm ♦ Cisneros, A Law Corporation, Nathan F. Smith, WASB #43160, [email protected] Attorneys for Plaintiff 2112 Business Center Drive, Second Floor, Irvine, CA 92612, P: (949) 252-9400, F: (949) 252-1032 PUBLISH: 9-20-18, 9-27-18, 10-4-18, 10-11-18. 38/4

NOTICE: ANNOUNCEMENT OF AVAILABILITY OF APPLICATION

PERMIT NO .: WA0044652

APPLICANT: City of Pullman

325 SE Paradise Street,

Pullman, WA 99163

FACILITY: City of Pullman Wastewater Treatment Plant

1025 NW Guy Street,

Pullman, WA 99163

The City of Pullman has applied for renewal of its National Pollutant Discharge Elimination System (NPDES) permit in accordance with the provisions of Chapter 90.48 Revised Code of Washington (RCW), Chapter 173-220 Washington Administrative Code (WAC), and the Federal Clean Water Act.

The City owns and operates a secondary domestic wastewater treatment system that discharges to the South Fork of the Palouse River. The plant is designed to handle an average monthly flow of 4.3 million gallons per day. The wastewater, following treatment, must meet the requirements of the Washington State Water Pollution Control Act and applicable regulations for a permit to be issued.

The Department of Ecology is proposing to renew the permit and is hereby issuing public notice of its intent. Interested persons are invited to submit their name, address, and comments regarding this permit to:

Send written comments to: Ms. Diana Washington

Water Quality Program

Department of Ecology

4601 N. Monroe Street

Spokane, WA 99205

Send email comments to: [email protected]

All respondents to this notice will receive a copy of the draft permit and fact sheet before the final permit is issued.

Ecology is an equal opportunity agency. If you need this publication in an alternate format, please contact us at (509) 329-3400 or TTY (for the speech and hearing impaired) at 711 or 1-800-833-6388. 38/2

TOWN OF GARFIELD

REQUEST FOR

QUALIFICAITONS TO FURNISH ENGINEERING SERVICES

Railroad Crossings

2nd and 3rd Streets

The TOWN OF GARFIELD solicits interest from consulting firms with expertise in Civil and Structural Engineering Design. This agreement will be for approximately 2 YEARS in duration with the option for the TOWN OF GARFIELD to extend it for additional time and money if necessary. Consultants will be considered for the following project.

The TOWN OF GARFIELD reserves the right to amend terms of this “Request for Qualifications” (RFQ) to circulate various addenda, or to withdraw the RFQ at any time, regardless of how much time and effort consultants have spent on their responses.

Project Description

The work to be performed by the CONSULTANT consists of preparing preliminary engineering design for improvements to 2ND & 3rd Street improvements. The work will consist of replacing the 2nd Street and the 3rd Street railroad crossing within the streets and sidewalks that meets ADA requirements. Work will also consist of replacing sidewalk on 3rd Street between railroad tracks and Lincoln Street. This project does not have a mandatory UDBE goal. The major features of the project are as follows:

• Connect the existing sidewalks on 2nd Street & 3rd Street through the railroad crossing to provide an ADA accessible pathway.

• Modification of the existing railroad surfacing of 2nd Street & 3rd Street to accommodate the pathway.

• Update all signage and markings on 2nd Street & 3rd Street to current MUTCD standards.

The TOWN OF GARFIELD reserves the right to retain the services of the successful firm(s) for any subsequent phases right of way or construction associated with this project.

Evaluation Criteria

Submittals will be evaluated and ranked based on the following criteria:

1) Qualification of Proposed Project Manager

2) Qualifications/Expertise of Firm

3) Ability to meet schedule

4) Approach to project

5) Familiarity with WSDOT/FHWA standards

6) Past Performance/References

Submittal

Submittals should include the following information: Firm name, phone and fax numbers; Name of Principal-in-Charge and Project Manager; and Number of employees in each firm proposed to project.

Please submit FOUR copies of your Statement of Qualifications to: TOWN OF GARFIELD and NANCY WHITESELL no later than 10:00 a.m. on October 12th, 2018. Submittals will not be accepted after that time and date. Any questions regarding this project should be directed to NANCY WHITESELL at 509-635-1604.

Americans with Disabilities Act (ADA) Information

The TOWN OF GARFIELD in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing NANCY WHITESELL at [email protected] or by calling collect 509-635-1604.

Title VI Statement

The TOWN OF GARFIELD 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 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.”

Dates of publication in the WHITMAN COUNTY GAZETTE September 27th – October 17th, 2018. 39/3

Ordinance #588

An ordinance of the Town of Rosalia designating certain streets and roads within the town as “Primitive Roads”. This ordinance can be viewed in its entirety at Rosalia City Hall, 110 W 5th St., Rosalia WA. 39/1

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR

THE COUNTY OF WHITMAN

Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust,

Plaintiff,

vs.

BETTS BERRY; JAKE WINFRED TAYLOR; UNKNOWN HEIRS OF DONALD G. ESTES; JOHN AND/OR JANE DOE, UNKNOWN OCCUPANTS/CO-HABITANTS OF THE SUBJECT PREMISES

Defendants.

No. 18-2-00131-38

CIVIL SUMMONS

TO THE DEFENDANTS: Unknown Heirs of Donald G. Estes

NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY!

A lawsuit has been started against you in the above-entitled Court by Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust, Plaintiff. Plaintiff's claim is stated in the written Complaint, a copy of which is on file at the Whitman County Courthouse. You must “appear” in this case or the other side will win automatically. To “appear” you must file with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff.

The object of the complaint is to foreclose a deed of trust dated November 20, 2001 and recorded as Instrument No. 632806 given by Donald G. Estes, An Unmarried Man on property commonly known as 611 South Summit Avenue, Rosalia, WA 99170 and legally described as:

Lot 3, Block 6, PROFF'S ADDITION TO ROSALIA, according to plat thereof, recorded in Book E of Plats, page 21, records of Whitman County, Washington.

The complaint seeks to foreclose and terminate all interest of Unknown Heirs of Donald G. Estes and all other interests in the property.

The “motion” or “answer” (or “reply”) must be given to the court clerk or administrator within 30 days of the date of first publication specified herein along with the required filing fee. The date of first publication of the summons is August 23, 2018.

If you are in the active military service of the United States, or believe that you may be entitled to protection of the SCRA, please contact our office. If you do not contact us, we will report to the court that we do not believe that you are protected under the SCRA.

If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may contact the Washington State Bar’s Lawyer Referral Service online at http://www.wsba.org or by calling (206) 443-9722 (in the Seattle metropolitan area) or toll-free elsewhere in Washington at (800) 945-9722.

Attorney for Plaintiff,

SHAPIRO & SUTHERLAND, LLC

By: /s/ james a craft

James A. Craft #47763 [[email protected]]

1499 SE Tech Center Place, Suite 255, Vancouver, WA 98683

(360)260-2253; Fax (360)260-2285 34/6

 
 

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