Whitman County Gazette - Serving Whitman County since 1877

Legal Notices: March 7, 2019

 

March 7, 2019



The Whitman County Commissioners have adopted the following ordinance enacting a moratorium.

ORDINANCE NO.

AN ORDINANCE OF THE COUNTY OF WHITMAN, WASHINGTON, ADOPTING A MORATORIUM ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, OR MAINTENANCE OF FACILITIES, BUSINESSES, OR ANY OTHER ACTIVITIES INVOLVING TTIE PRODUCTION, PROCESSING, OR WHOLESALE OR RETAIL SALE OF RECREATIONAL MARIJUANA OR MARIJUANA- INFUSED PRODUCTS

WHEREAS, in November of 2012, the Washington voters passed I-502, which directed the Washington State Liquor Control Board (now the Liquor and Cannabis Board) (LCB) to regulate recreational marijuana by licensing and taxing recreational marijuana producers, processors, and retailers; and

WHEREAS, in November 2013, after notice and comment, the LCB adopted rules to address: the methods for producing, processing, and packaging recreational marijuana; security requirements for retail outlets, retail outlet locations, and hours of operation; labeling requirements; methods of transport of product throughout the state; taxing of marijuana-related activities; and the creation of a dedicated fund consisting of marijuana excise taxes, license fees, penalties, and other income; and

WHEREAS, after adopting the Rules, the LCB began accepting license applications and in 2014 began issuing licenses for recreational marijuana businesses; and

WHEREAS, the LCB has expanded the number of licenses it issues and may continue to do so, expanding the number and scope of recreational marijuana businesses; and

WHEREAS, in 2018, the Washington Court of Appeals ruled I-502 does not override local governments' authority to regulate local businesses, including recreational marijuana businesses, through zoning or otherwise, and the Washington Supreme Court has declined to review that decision; and

WHEREAS, the Whitman County Code does not currently have specific provisions addressing the production, processing, and wholesale or retail sale of recreational marijuana; and

WHEREAS, the Board of County Commissioners have recently been provided with numerous statements from county residents concerning the ill effects of growing, processing, and/or sale of marijuana on surrounding residents, including strong odors and possible pollution and negative effect on crime rates; and

WHEREAS, in addition, the cultivation, possession, and distribution of marijuana has been and continues to be a violation of federal law through the Controlled Substances Act; and

WHEREAS, RCW 36.70.795 authorizes the County to adopt, and subsequently extend if needed, a moratorium for a specific purpose for up to six (6) months if a public hearing on the proposal is held within at least sixty (6o) days of the moratorium’s adoption; and

WHEREAS, moratoria enacted under RCW 36.70.795 are methods by which local governments may preserve the status quo so that new plans and regulations will not be rendered moot by intervening developments; and

WHEREAS, in addition to the legal issues, the County must study further, without limitation, the zoning and land use implications of locating uses and facilities for the production, processing, and sale of recreational marijuana, and the associated impacts to the community; and

WHEREAS, on March 4, 2019, the Whitman County Board of County Commissioners held a duly noticed public meeting to consider this ordinance adopting a temporary moratorium regarding recreational marijuana businesses in order to provide sufficient time for the County to consider any necessary zoning regulations as they specifically relate to the growing, processing, and/or selling of marijuana in the un-incorporated areas of the County .; and

WHEREAS, the Board of County Commissioners finds that adopting a moratorium concerning the acceptance of any further development permit applications, business license applications, or applications for the siting, location, or operation of any producer, processor, or wholesale or retail seller of recreational marijuana is necessary to protect the health, safety, and welfare of the citizens of Whitman County; and

WHEREAS, based on the findings set forth above, the Board of County Commissioners finds a temporary moratorium is necessary to preserve the status quo; and

WHEREAS, the Board of County Commissioners will hold a duly noticed public hearing within the next 60 days to take public testimony regarding whether to keep this moratorium in place and to consider adopting further findings; now, therefore,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WHITMAN COUNTY AS FOLLOWS:

Section 1. Findings. The Board of County Commissioners adopts all of the “Whereas” sections of this Ordinance as findings in support of this Ordinance. The Board of County Commissioners, in its discretion, may adopt additional findings at the conclusion of the public hearing referenced above.

Section 2. Moratorium. Pursuant to RCW 36.70.795, a moratorium is hereby adopted within the un-incorporated areas of Whitman County, prohibiting the establishment, location, operation, licensing, or maintenance of facilities, businesses, or any other activities involving the production, processing, wholesale or retail sale of recreational marijuana or marijuana infused-products asserted to be authorized or actually authorized under Washington State Initiative 502.

Section 3. Use Prohibited. While this moratorium is in effect, the producing, processing, wholesale and retail sale of recreational marijuana or marijuana-infused products is hereby designated as prohibited in all zoning districts of the un-incorporated areas of Whitman County. No building permit, occupancy permit, or other development permit, and no business license application shall be accepted and no business license shall be issued for any of the purposes or activities listed herein. This moratorium does not apply to prior non-conforming uses, if such uses are already in existence on March 11, 2019, per WCC 19.54. However, such non-conforming uses shall not be allowed to expand during the moratorium period.

Section 4. Definitions. As used in this Ordinance, all references to “marijuana,” “marijuana processing,” “marijuana producing,” “marijuana-infused products,” “marijuana retailing,” “retail outlet,” and “useable marijuana” shall have the meaning set forth in RCW 69.5o.101, as now or hereafter amended.

Section 5. Duration. This moratorium shall remain in effect until September 3, 2019 unless extended as provided in RCW 36.70.795 or unless earlier terminated by the Board of County Commissioners.

Section 6. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances.

Section 7. This ordinance shall be published March 7, 2019 and shall take effect March 11, 2019.

1ST READING: 3/4/2019

2ND READING: Waived

PASSED by the Whitman County Board of County Commissioners and attested by the Clerk in authentication of such passage this 4th day of March, 2019.

BOARD OF COUNTY COMMISSIONERS OF WHITMAN COUNTY, WASHINGTON

Arthur D Swannack, Chairman

Dean Kinzer, Commissioner

Michael Largent, Commissioner

ATTEST:

Connie Ellis

Acting Clerk

APPROVED AS TO FORM:

Denis Tracy, County Prosecutor 10/2

Next PRC Meeting:

March 28, 2019

CPARB’s Project Review Committee (PRC) will be meeting to review five (5) project applications and three (3) recertification applications starting at 8:00 am.

Northwest Carpenters Facility, Main Conference Room 2nd Floor, 25120 Pacific Highway South, Kent WA 98032.

Items on Agenda

Business Meeting

Ellensburg School District – New Elementary & Mt. Stuart Elementary School Project

Evergreen School District – Wy’east Middle School Replacement Project

Lake Washington School District – GC/CM Recertification

Port of Port Townsend – Point Hudson Jetty Renovation Project

Sound Transit – GC/CM Recertification

Tacoma Public Schools – Downing Elementary School Replacement Project

Washington State University – GC/CM & DB Recertification

Yelm Community Schools – Yelm Middle School & Southworth Elementary School Replacement Project

The public may present comments regarding the projects and recertifications beginning at 9:00 am. Contact Talia Baker at (360) 407-8260 or [email protected] for questions.

For agenda, questions and directions visit: http://www.des.wa.gov/about/Committees/CPARB/PRC/ 10/1

The City of Tekoa is looking for a new council member.

If you are interested in running for the city council, please send a letter of application to: City of Tekoa, PO Box 927, Tekoa, WA 99033, or drop it off at city hall. The position closes on Friday, March 15, 2019 at 4:00 p.m. Interviews will be held at the March 18, 2019, council meeting. Kynda Browning, Clerk/

Treasurer. 9/2

Palouse-Rock Lake Conservation District

Board Member Appointment Notice

A board member seat on the Palouse-Rock Lake Conservation District is available for appointment by the Washington State Conservation Commission. 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 Washington State, and may be required to own land or operate a farm. Applicants for appointed positions do not have to live within the district to apply. For more information, or to obtain an application form, contact the Palouse-Rock Lake Conservation District at (509) 648-3680 ext. 100 or at the PRLCD Office at 3 N. Park Street in St. John WA or visit the website at http://www.scc.wa.gov/ elections/ to obtain form AF1. Applications and supporting materials must be received by the Commission no later than March 31, 2019. 7&10

NOTICE OF TRUSTEE'S SALE

Grantor: Fredrick William Baker, also appearing of record as Fredrick W. Baker, and Terri Baker, Husband and Wife

Current beneficiary of the deed of trust: Bayview Loan Servicing, LLC, a Delaware Limited Liability Company

Current trustee of the deed of trust: North Star Trustee, LLC

Current mortgage servicer for the deed of trust: Bayview Loan Servicing, LLC

Reference number of the deed of trust: 689470

Parcel Number(s): 1-0540-00-00-00-0008

I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, North Star Trustee, LLC will on 4/5/2019, at 10:00 AM at main entrance Whitman County Courthouse, N 400 Main, Colfax, WA sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County of Whitman, State of Washington, to-wit:

PTN SE 1/4 NW 1/4 OF 2-15-39. MORE FULLY DESCRIBED IN EXHIBIT 'A' ATTACHED HERETO

Commonly known as:

112 N AMY AVE (AKA 112 N AMY ST)

LACROSSE, WA 99143

which is subject to that certain Deed of Trust dated 10/10/2008, recorded 10/17/2008, as Instrument No. 689470, The subject Deed of Trust was modified by Loan Modification Agreement recorded as Instrument 718223 and recorded on 06/05/2013. records of Whitman County, Washington, from FREDRICK WILLIAM BAKER, ALSO APPEARING OF RECORD AS FREDRICK W. BAKER, AND TERRI BAKER, HUSBAND AND WIFE, as Grantor(s), to PIONEER TITLE COMPANY, as Trustee, to secure an obligation in favor of AMERICAN GENERAL FINANCIAL SERVICES, INC., as Beneficiary, the beneficial interest in which was assigned to Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, under an Assignment recorded under Auditor’s File No. 737494.

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.

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:

PAYMENT INFORMATION

Total Monthly Payments Due

June 1, 2017 – November 30, 2018: $4,384.28

NSF Fee: $100.00

Corporate Advance: $1,740.11

Other Fees/Costs: $761.88

LATE CHARGE INFORMATION

TOTAL LATE CHARGES: $129.27

PROMISSORY NOTE

INFORMATION

Note Dated: 10/10/2008

Note Amount: $67,081.40

Interest Paid To: 5/1/2017

Next Due Date: 6/1/2017

IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $42,037.62, together with interest as provided in the note or other instrument secured from 5/1/2017, and such other costs and fees as are due under the note or other instrument secured, and 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. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on 4/5/2019. The default(s) referred to in Paragraph III must be cured by 3/25/2019, (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 3/25/2019 (11 days before the sale) 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 3/25/2019 (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 paying the entire principal and interest secured by the Deed of Trust, 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 and Grantor at the following addresses:

NAME ADDRESS

FREDRICK WILLIAM BAKER aka FREDRICK W. BAKER

112 N AMY AVE, LACROSSE, WA 99143

FREDRICK WILLIAM BAKER aka FREDRICK W. BAKER

112 N AMY ST, LACROSSE, WA 99143

FREDRICK WILLIAM BAKER aka FREDRICK W. BAKER

N. 112 AMY STREET, LACROSSE, WA 99143

FREDRICK WILLIAM BAKER aka FREDRICK W. BAKER

PO BOX 391, LACROSSE, WA 99143

TERRI BAKER AKA TERRI R. BAKER

112 N AMY AVE, LACROSSE, WA 99143

TERRI BAKER AKA TERRI R. BAKER

112 N AMY ST, LACROSSE, WA 99143

TERRI BAKER AKA TERRI R. BAKER

N. 112 AMY STREET, LACROSSE, WA 99143

TERRI BAKER AKA TERRI R. BAKER

PO BOX 391, LACROSSE, WA 99143

by both first class and certified mail on 8/28/2018, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served 8/28/2018, 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.

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 and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the Unlawful Detainer Act, 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: Telephone: 1-877-894HOME (1-877-894-4663)

Web site: http://www.dfi.wa.gov/consumers/homeownership/

The United States Department of Housing and Urban Development: Telephone: 1-800-569-4287

Web site: http://portal.hud.gov/hudportal/HUD

The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys

Telephone: 1-800-606-4819 Web site: http://www.ocla.wa.gov/

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

DATED: 11/26/2018

North Star Trustee, LLC, as Trustee

_________________

Lisa Hackney, Vice President of Trustee Operations

Address for service:

North Star Trustee, LLC

6100 219th ST SW, Suite 480

Mountlake Terrace, Washington 98043

Trustee Phone No: (206) 866-5345

Beneficiary / Servicer Phone:

877-205-9958

STATE OF WASHINGTON )

) ss.

COUNTY OF SNOHOMISH)

I certify that I know or have satisfactory evidence that Lisa Hackney is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the Vice President of Trustee Operations of North Star Trustee, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

Dated: 11/262/018

__________________

Jordyn Melendez

NOTARY PUBLIC in and for the State of Washington, residing at Seattle, WA

My commission expires 02/05/2022

EPP 27348 Pub Dates 03/07 & 03/28/2019 10&13

 
 

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