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Legal Notices: June 27, 2019

 

June 27, 2019



STATE OF WASHINGTON

Notice of election

County of Whitman

NOTICE IS HEREBY GIVEN that a Primary Election will be conducted on Tuesday, August 6, 2019, in Whitman County, Washington.

Offices on the ballot: Candidates: Town of Endicott Mayor, Town of Endicott Council Position 3. Measures: Town of Farmington, Whitman County Cemetery District 3, and Whitman County Cemetery District 6 (Colfax Cemetery). Voter(s) will only be entitled to vote on propositions within their districts and only those districts are included in this primary election.

Town of Farmington Prop 1: $ 8,000.00 Street Maintenance / Repair / Improvements

Town of Farmington Prop 2: $ 15,000.00 Current Expense Fund

Whitman County Cemetery 3 Prop 1: $16,000.00 Operation and Maintenance

Whitman County Cemetery 6 Prop 1: $200,000.00 Maintenance / Operation Expense

New Voter registration deadlines: 8 days before Election Day: To register by mail or online, your application must be received no later than July 29, 2019 by 4:30 pm. Any changes that need to be made to your voter registration after July 29th must be done in person at the Whitman County Elections Department.

Election Day: Visit the local Whitman County Elections Department at 304 N. Main St, Colfax to register or update your address in person no later than 8 pm on Election Day.

Voting by mail: Ballots are mailed to all eligible voters no later than 18 days prior to the election. Replacement ballots: If a qualified voter does not receive a ballot or it is lost, spoiled or damaged, replacement ballots are available by contacting the Whitman County Elections Department at 509-397-5284. Returning voted ballots: Ballots are counted only if the qualified Ballots are returned with the postmark no later than August 6, 2019, or received by the Whitman County Elections Department no later than 8:00pm on that date. No postage is required for returning a voted ballot by mail. Ballot drop box locations:

 Alley behind the Public Works Department Colfax, WA. 24 hours availability (Election Day: until 8

pm)

 Whitman County Elections Department; N. 304 Main St. Colfax. Monday-Friday 8:00am – 4:30pm

and Election Day 8:00am – 8:00pm Accessible Voting Available

Access Disability Unit: An ADU compliant and language assistance voting unit is available at the Whitman County Elections Department, N. 304 Main St, Colfax, during regular business hours 8:00 am to 4:30 pm Monday, and 8:00 am to 8:00 pm on Election Day.

For additional information regarding the election and observation opportunities, please visit the Whitman County Elections Division website at http://www.whitmancounty.org.

ADU Accommodations: If you are a person with a disability who needs any accommodation in order to

participate in this program, hearing or service, you may be entitled to receive certain assistance at no cost to you. Please contact the Whitman County Elections Department no later than five (5) working days prior to the date service is needed. (509) 397-5284 or http://[email protected]

NOTICE OF PUBLIC MEETINGS:

Whitman County Elections department will be holding the Logic and Accuracy test on July 22, 2018 at 2:00 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.

August 19, 2019: 9:00 am Public Canvassing Board Meeting

Verification of Ballots August 6, 2019 Primary Election

Whitman County Elections Department

N 304 Main St, Colfax

August 20, 2019: 9:00 am Public Canvassing Board Meeting Certification of August 6, 2019 Primary Election

Whitman County Elections Department

N 304 Main St, Colfax

DATED this 24th day of June, 2019.

Publish: June 27, 2019

Sandy Jamison, County Auditor and

Ex-officio Supervisor of Elections

Whitman County, Washington

26/1

NOTICE OF A VARIANCE HEARING

Terry Eggers requests a variance to reduce the rear setback from 20’ to 10’ for a shop building that is necessary for the orchard operation, located on the Warm Spring Ranch, at 12084 Penawawa Rd, LaCrosse, WA 99143, in the NW 1⁄4 of Section 18, Township 14 N, Range 41 E, W.M., Whitman County, Washington. The public is notified of the intent to issue a variance in front of the Board of Adjustment on July 11, 2019, at 7 PM in the Public Service Building, 1st floor auditorium, N. 310 Main St., Colfax, WA 99111. Interested persons may submit written comments by 5:00 PM on Thursday, July 11, 2019, regarding

the proposed zoning action to the County Planning Office, P. O. Box 430, Colfax, WA 99111-0430, fax: (509) 397-6210 or attend the meeting.

Katrin Kunz

Assistant County Planner 26/1

NOTICE OF A MITIGATED DETERMINATION OF NONSIGNIFICANCE (M-DNS)

Whitman County Planning issued a Mitigated Determination of Nonsignificance (M-DNS) under the State Environmental Policy Act Rules (Chapter 197-11 WAC) for the following project:

Avista proposes two overhead electrical crossing realignments along the South Fork of the Palouse River.

The two new pole locations are west of Pullman, just outside city limits between the railroad and Brayton Road, in Section 31, Township 15 N., Range 45 E., W.M., Whitman County, Washington. After review of a completed environmental checklist and other information on file with us, the Planning Office has determined that this proposal will not have a probable significant adverse impact on the environment. Copies of the M-DNS are available at no charge from the County Planning Office, Whitman County Public Service Building (2nd Floor), N. 310 Main St., Colfax, WA 99111. Interested persons may submit environmentally-focused written comments on the SEPA decision by 5:00 PM on Thursday, July 11, 2019, to the County Planning Office, P.O. Box 430, Colfax, WA 99111-0430, fax: (509) 397-6210.

Katrin Kunz

Assistant County Planner 26/1

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHITMAN IN THE MATTER OF THE ESTATE OF R. PAUL COCKING, Deceased. NO.19-4-00063-38 PROBATE NOTICE TO CREDITORS RCW 11.40.030

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 June 27, 2019

Personal Representative: David L. Cocking

Attorneys For Personal Representative Carpenter, Mcguire & Dewulf, P.S. Matthew D. Johnson

Address For Mailing Of Service P.O. Box 619

105 S. Main St.

Colfax, WA 99111-0619

Telephone: 509-397-4345 26/3

PUBLIC HEARING NOTICE

Aging & Long Term Care of Eastern Washington (ALTCEW) is holding a Public Hearing to receive comments on the proposed 2020 – 2023 Area Plan and budget for providing services in Ferry, Stevens, Pend Oreille, Spokane and Whitman counties. The hearing will be held on July 15, 2019 from 1:30 PM – 3:00 PM at Pullman Senior Center, 325 SE Paradise St, Pullman WA 99163

This meeting is open to the public. AMERICANS WITH DISABILITIES ACT (ADA) INFORMATION: ALTCEW is committed to providing equal access to its facilities, programs and services for persons with disabilities.

Individuals requesting reasonable accommodations or further information may contact Khristina Scheideler, ADA Coordinator, at least 5 days before the meeting date, at (509) 458-2509 or at [email protected] Persons who are deaf or hard of hearing may contact the Washington Relay Service at 7-1-1. 26/1

FINAL PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN

that a public hearing will be held by the City of Tekoa in the City Council Chambers, 419 N Washington, on July 15, 2019. The purpose of the public hearing is to review final project performance on the 2018 Sewer I/I Reduction Project funded by the Community Development Block Grant (CDBG). The council chambers are handicap accessible. Arrangements to reasonably accommodate special needs, including handicap accessibility or interpreter, will be made upon receiving twenty-four (24) hour advance notice. Contact Kynda Browning at Tekoa City Hall at 509-284-3861. 26/1

TRUSTEE SALE # 076389-WA TITLE # 180514695 NOTICE OF TRUSTEE’S SALE GRANTOR(S): DEBRA UNDERCOFFLER, A SINGLE PERSON

Grantee(S): H And L Services, Inc., As Trustee Current Beneficiary Of The Deed Of Trust: Loancare, Llc Current Trustee Of The Deed Of Trust: Clear Recon Corp Current Mortgage Servicer Of The Deed Of Trust: Loancare Reference Number Of The Deed Of Trust: 640115 Parcel Number(S): 1-0525-00-01-04-0000 Lots 1-4, Blk 1, H. Shobe's Add To Lacrosse I. Notice Is Hereby Given That The Undersigned, Clear Recon Corp, 9311 S.E. 36th Street, Suite 100, Mercer Island, Wa 98040, Trustee Will On 7/26/2019 At 9:00 Am At The Main Entrance To The Whitman County Courthouse, 400 N. Main, Colfax, Wa 99111 Sell At Public Auction To The Highest And Best Bidder, Payable, In The Form Of Cash, Or 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, 2, 3, And 4, Block 1, H. Shobe's Addition To Lacrosse, Whitman County, Washington, According To Plat Thereof, Recorded In Volume F Of Plats, Page 1, Records Of Said County. More Accurately Described As: Lots 1, 2, 3, And 4, Block 1, H. Shobe's Addition To Lacrosse, According To Plat Thereof, Recorded In Book F Of Plats, Page 1, Records Of Whitman County, Washington. Commonly Known As: 101 North Whitman Lacrosse, Wa 99143 Which Is Subject To That Certain Deed Of Trust Dated 10/23/2002, Recorded 10/28/2002, As Auditor's File No. 640115, And Later Modified By A Loan Modification Agreement Recorded On 9/26/2014, As Instrument No. 726154, Records Of Whitman County, Washington, From Debra Undercoffler, A Single Person, As Grantor(S), To H And L Services, Inc., As Trustee, To Secure An Obligation In Favor Of Wells Fargo Home Mortgage, Inc., As Beneficiary, The Beneficial Interest In Which Was Assigned To Loancare, Llc., Under An Assignment Recorded Under Auditor's File No 742134. II. No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary’s successor 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: $9,552.59 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $23,689.60, together with interest as provided in the Note from 7/1/2018, 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 7/26/2019. The defaults referred to in Paragraph III must be cured by 7/15/2019, (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 7/15/2019 (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 7/15/2019 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the or the Grantor’s successor interest or the holder of any recorded junior lien or encumbrance by paying the 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 address(es): SEE ATTACHED EXHIBIT “1” by both first class and certified mail on 1/24/2019, 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. 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. If you are a servicemember or a dependent of a servicemember, you may be entitled to certain protections under the federal Servicemembers Civil Relief Act and any comparable state laws regarding the risk of foreclosure. If you believe you may be entitled to these protections, please contact our office immediately. This Notice Is The Final Step Before The Foreclosure Sale Of Your Home. You Have Only 20 Days From The Recording Date On 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: 1-877-894-HOME(1-877-894-4663) Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: 1-800-569-4287 Web site: 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 Web site: http://nwjustice.org/what-clear This Is An Attempt To Collect A Debt And Any Information Obtained Will Be Used For That Purpose. Dated: 3/8/2019 CLEAR RECON CORP, as Successor Trustee For additional information or service you may contact: Clear Recon Corp 9311 S.E. 36th Street, Suite 100 Mercer Island, WA 98040 Phone: (206) 707-9599

Exhibit "1"

Name

Address

DEBRA UNDERCOFFLER

4019 s cheney spokane rd #102

Spokane, WA 99224-7433

DEBRA UNDERCOFFLER

p.o. box 375

LaCrosse, WA 99143

debra undercoffer

101 s. whitman ave

LaCrosse, WA 99143

DEBRA UNDERCOFFLER

101 north whitman st

LaCrosse, WA 99143

DEBRA UNDERCOFFLER

101 north whitman

LaCrosse, WA 99143

DEBRA UNDERCOFFLER

po box 122

LaCrosse, WA 99143 26 & 29

ORDINANCE NO. 406

AN ORDINANCE OF THE TOWN OF ALBION, WASHINGTON,

adopting Albion Municipal Code Chapter 11.07, regulating the parking and use of recreational vehicles on residential property within the Town of Albion. BE IT HEREBY ORDAINED by the Council of the Town of Albion as follows:

Section 1. There is hereby adopted as Albion Municipal Code Chapter 11.07 the following:

Chapter 11.07”

RECREATIONAL VEHICLES

Sections:

11.07.010 - Definitions

11.07.020 - Parking

11.07.030 - Temporary use on residential property

11.07.010 - Definitions. For the purposes of this chapter, the term "recreational vehicle" shall mean a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle, including without

limitation, travel trailers, fifth-wheel trailers, folding camp trailers, truck campers, and motor homes.

11.07.020 - Parking. The outside parking of unoccupied recreational vehicles is only permitted on property with an established residence, or a property adjacent to the vehicles’ owner, regardless of use zone. Such parking shall be within the side or rear and shall not extend into the public right-of-way nor obstruct the clear vision area. An unoccupied recreational vehicle shall not be used for living quarters or business while parked or stored. No more than two (2) recreational vehicles will be allowed per established residence.

11.07.030 - Temporary use on residential property.

A. A recreational vehicle may be used as a temporary accommodation to allow the owner to construct a permanent residence or remodel an existing residence on the owned property. The use of the recreational vehicle shall be authorized with the written approval of the Town Council upon receipt of a site plan and construction schedule approved by the Town Council. Such use shall not exceed six (6) months in duration, unless authorized by the Town Council. The unit shall not be parked on, nor shall it in any manner obstruct, any public or Town right-of-way. The unit shall not be a nuisance to surrounding areas or neighbors. The unit shall only be placed on the site upon receipt of a valid building permit for the construction or remodeling work, and must be removed from occupancy within five (5) days of the receipt of a certificate of occupancy for the newly constructed or remodeled residence. The unit shall not be used as a temporary rental unit by the owner.

B. The use of one (1) recreational vehicle as a temporary accommodation for guests may be allowed on property with an established residential use, regardless of the use zone. The unit shall not be parked on nor shall it be parked in any manner to obstruct public or Town right-of-way. The unit shall be located a minimum of five (5) feet from any other structure, and no stay shall exceed fourteen (14) days at any one time, or forty-five (45) days in any one-year period. Guests shall not interfere or be of any nuisance to the surrounding neighbors or community. If guests become a nuisance, the Town has the right to have the vehicle removed immediately. The unit shall not be skirted and the discharge of any holding tank water or sewage on the ground is prohibited.

C. The use of one (1) recreational vehicle as a temporary accommodation for a period greater than allowed in subsection B, above, may be allowed at the discretion of the Town Council for the purposes of a medical hardship. The hardship must be as a result of an illness or medical emergency, with proof of the hardship submitted to the Town Council. The Town Council may approve the use for a period not to exceed six (6) months. The standards for placement of the unit shall be the same as provided in subsection B, above."

Starr Cathey

Town of Albion

Clerk/Treasurer

509-332-5095 Office

509-334-5503 Fax

[email protected]

26/2

SUPERIOR COURT OF WASHINGTON FOR WHITMAN COUNTY

In the matter of the Estate of:

CAROL E. FISHER, Deceased.

No. 19-4-00066-38

NONPROBATE NOTICE TO CREDITORS

RCW 11.42.030

The notice agent named below has elected to give notice to creditors of the above-named decedent. As of the date of the filing of a copy of this notice with the Court, the notice agent has no knowledge of any other person acting as notice agent, nor of the appointment of a personal representative of the decedent’s estate in the State of Washington. According to the records of the Court as are available on the date of the filing of this notice with the Court, a cause number regarding the decedent has not been issued to any other notice agent and a personal representative of the decedent’s estate has not been appointed. 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 11.42.070 by serving on or mailing to the notice agent or the notice agent’s attorneys 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 notice agent served or mailed the notice to the creditor as provided under RCW 11.42.020(2)(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 11.40.050 and 11.40.060. This bar is effective as to claims against both the decedent's probate and nonprobate assets.

Date of First Publication: June 27, 2019

The notice agent declares under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge. I have signed this document in Clarkston, Washington, on June 21, 2019.

Karen M. Fisher, Notice Agent

Attorneys for Notice Agent:

ESSER, SANDBERG & BOYD, PLLC 26/3

The Town of Farmington Washington is seeking a replacement mayor.

Eligibility requirements are that the candidate must be a resident and registered voter of The Town of Farmington, Washington. The replacement mayor will be appointed by the Farmington Town Council, and chosen from the field of applicants submitted to the Town Clerk of Farmington for the position. Term in office shall be from the time of appointment till midnight December 31st 2021 as provided in chapter 42.12.070 (6) RCW. The appointment is scheduled be made by Farmington Town Council during Farmington's July 15th council meeting, shortly after the meeting starts at 6:00pm. Applications must be received by The Farmington Town Clerk no later than 5:00pm July 14, 2019. Applications can be submitted in-person to Town of Farmington town hall Mondays, Wednesdays, or Fridays, 9:00am - noon, or mailed to:

Town of Farmington

PO Box 65

Farmington, WA 99128

For more information, contact Town of Farmington, 509-287-2500 or inquire in-person at Town of Farmington Town Hall/ Clerk's Office Mondays, Wednesdays, or Fridays, 9:00am - noon. 26/2

McCoy Land Company, LLC., Keith Becker, PO Box 271 Colfax, WA 99111-0271, is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit. The proposed project, McCoy Land Company - Dusty, is located at 26791 SR 127 in Lacrosse in Whitman county. This project involves 10 acres of soil disturbance for Commercial construction activities. All discharges and runoff goes to ground water. Any persons desiring to present their views to the Washington State Department of Ecology regarding this Application, or interested in Ecology’s action on this Application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II anti-degradation requirements under WAC 173-201A-320. Comments can be submitted to: Department of Ecology Attn: Water Quality Program, Construction Stormwater P.O. Box 47696, Olympia, WA 98504-7696 25/2

Port of Whitman County, Debbie Snell, 302 N Mill Street, Colfax, WA 99111-9100 is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit. The proposed project, Flight Line Drive Realignment / Drainage

Improvements, is located at Port of Whitman Business Air Center near Colfax, in Whitman County. This

project involves 3.6 acres of soil disturbance for commercial construction activities. The receiving waterbody is Rebel Flat Creek. Any persons desiring to present their views to the Washington State Department of Ecology regarding this Application, or interested in Ecology’s action on this Application,

may notify Ecology in writing no later than 30 days after the date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable

change in receiving water quality, and if so, whether the project is necessary and in the overriding public interest according to Tier II anti-degradation requirements under WAC 173-201A-320. Comments may be submitted to: Department of Ecology, Atten: Water Quality Program, Construction Stormwater, P.O. Box 47696, Olympia, WA 98504-7696. 25/2

 
 

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