Whitman County Gazette - Serving Whitman County since 1877

Legal Notices: August 15, 2019

 

August 15, 2019



Notice Of Application For A Shoreline Management Act

Substantial Development Permit

Notice is hereby given that Avista Utilities has applied for a Substantial Development Permit for the realignment of two existing electrical crossings over the South Fork of the Palouse River. After a 30 day review period, Whitman County can approve and issue the permit on September 16, 2019. The Palouse River at this location is a shoreline of the state. A State Environmental Policy Act (SEPA) checklist is required for this proposal and a Mitigated Determination of Non-Significance (M-DNS) was issued on June 27, 2019. Interested parties may submit signed comments before 5 p.m. on Monday, September 16, 2019, for the Substantial Development Permit, to the County Planning Office, Whitman County Public Service Building (2nd Floor), Colfax, WA 99111-0430, or by fax (509)-397-6210. For more information please contact the Whitman County Planning Office at (509)-397-5211.

Alan L. Thomson

County Planner

File: SMA 19-03 33/1

Notice Of Hearing

NOTICE IS HEREBY GIVEN that the Whitman County Commissioners have set the date of Monday, September 3, 2019, at 10:15 a.m. in their Chambers, Courthouse, Colfax, WA, for proposed amendment #3 to the 2019 Whitman County budget. At that time, it is requested all department heads/elected officials requesting an amendment be present. The total amount of the proposed amended budget is approximately $65,000,000. Copies of the proposed amendment will be available September 3, 2019 by calling 397-5240. Disabled accommodations are accessible by using the east entrance to the Courthouse. Upon 72 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 by calling (509) 397-5240. EEO.

Dated the 15th day of August 2019.

Connie Ellis, Deputy Clerk of the Board 33/2

Notice Of Hearing

NOTICE IS HEREBY GIVEN that the Whitman County Commissioners have set the date of Tuesday, September 3, 2019, at 10:30 a.m. in their Chambers, Courthouse, Colfax, Washington, to consider repealing, extending or modifying the moratorium placed on the establishment, location, operation, licensing or maintenance of facilities, businesses, or any other activities involving the production, processing, or wholesale or retail sale of recreational marijuana or marijuana- infused products. Any person may appear and be heard for or against this issue. Arrangements will be made to accommodate questions and provide responses to non-English speaking residents. Upon receiving 72 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.

Connie Ellis, Deputy Clerk of the Board 32/2

Public Hearing

NOTICE IS HEREBY GIVEN that the Whitman County Board of Commissioners will conduct a public hearing on Monday, August 19, 2019, at 10:30 a.m. in the Commissioners' Chambers, Courthouse, Colfax, Washington, for the purpose of receiving public comments associated with proposed revisions to Whitman County Code, Title 2, Chapter 2.02 as it relates to Citizen's Commission on Salaries for Elected Officials Ordinance; and, NOTICE IS FURTHER GIVEN that the Whitman County Board of Commissioners will conduct a public hearing on Monday, August 19, 2019, at 10:45 a.m. in the Commissioners' Chambers, Courthouse, Colfax, Washington, for the purpose of receiving public comments associated with proposed revisions to Whitman County Code, Title 3, Chapter 3.14 as it relates to Credit Cards. Any interested individual may attend said hearing and speak for or against the proposed revisions. Upon receiving 72 hours' advance notice, the County will make arrangements to reasonably accommodate the needs of special groups of citizens, including those physically disabled or otherwise impaired. Please call (509) 397-5240 if such assistance is needed. Handicapped access is accessible at the east entrance to the Courthouse.

Connie Ellis, Deputy Clerk of the Board 32/2

Public Hearing

NOTICE IS HEREBY GIVEN that the Whitman County Board of Commissioners will conduct a public hearing on Monday, August 19, 2019, at 11:00 a.m. in the Commissioners’ Chambers, Courthouse, Colfax, Washington, for the purpose of receiving public comments associated with proposed revisions to Whitman County Code, Title 3, Chapter 3.12 as it relates to Claims; and NOTICE IS FURTHER GIVEN that the Whitman County Board of Commissioners will continue the public hearing from July 29, 2019 to Monday, August 19, 2019, at 11:15 a.m. in the Commissioners’ Chambers, Courthouse, Colfax, Washington, for the purpose of receiving public comments associated with a proposed new section to Whitman County Code, Title 3, Chapter 3.10 as it relates to Claims.

Any interested individual may attend said hearing and speak for or against the proposed revisions. Upon receiving 72 hours' advance notice, the County will make arrangements to reasonably accommodate the needs of special groups of citizens, including those physically disabled or otherwise impaired. Please call (509) 397-5240 if such assistance is needed. Handicapped access is accessible at the east entrance to the Courthouse.

Dated this 5th day of August, 2019.

Maribeth Becker, CMC, Clerk of the Board 32/2

St John School District has declared the following as surplus & will sell to the highest bidders: 2003 Dodge Stratus - 154,472 miles; 2002 Dodge Caravan - 189,108 miles; 2009 Bluebird Type A School Bus with 3500 G Series Van Chassis - 133,207 miles. Bids must include name & contact information in a sealed envelope & must be received by noon September 5th at: St John School District, 301 W Nob Hill, St John, WA 99171. Please mark SEALED BID. The St John School District shall have the right to sell for scrap value or dispose of in such a manner to either receive some value, or pay as little as possible for the disposition. For info please call Ken Gering at the St John bus garage 509-648-3402. 32/2

The City of Tekoa will hold a public hearing for the six-year transportation improvement plan during the regular council meeting on Monday, August 19, 2019, after the hour of 7 p.m. at the Tekoa City Council Chambers. All citizens are invited to attend. Kynda Browning, Clerk/Treasurer 33/1

Small Works, Vendor and Consultant Roster

The Town of Fairfield, Town of Latah, Town of Rockford, Town of Spangle, Spokane County Fire District No. 12, Town of Waverly, City of Tekoa and the Tekoa Parks and Recreation District No. 6 have signed an interlocal agreement for the Small Works/Vendor and Consultant roster. They solicit any licensed contractor, vendor or consultant desiring to perform work or services for any or all of the above listed towns and cities. Projects may include work or equipment for the town/district/city's sewer, water, street or bridge facilities, or any other project or services as required by the town/district/city. Design, plans, specifications and services during construction for street and utility improvements may include those funded TIB, WSDOT, STP, CMAO, and USDA, CDBG, DWSRF, PWTF, SIED, DOE, DOH, IHS, and other Federal, State, County and local funds. The Town of Fairfield, Town of Latah, Town of Rockford, Town of Spangle, Spokane County Fire District No. 12, Town of Waverly, City of Tekoa and Tekoa Parks and Recreation District No. 6 are equal opportunity and affirmative action employers. Minority and women-owned firms are encouraged to submit qualifications. Call the City of Tekoa at 284-3861 to request an application or go online to tekoawa.com under Small Works Roster App. Send to [email protected] or City of Tekoa, PO Box 927, Tekoa, WA 99033. 32/2

Notice Of Public Hearing

The Colfax City Board of Adjustment (BOA) will be holding a public hearing August 28 th at 5:30pm for a proposed Variance for building setbacks for an office building to be built located at the corner of Mill and Stevens St. Under CMC 17.08.030 (C), Minimum front yards are to be 20’, rear 15’ and side yards 5’. For additional information, contact City Hall. If you would like to comment on the variance, you will either need to come to the public hearing or have a signed written statement to City Hall no later than August 27th, 4:30pm. For anyone needing assistance to participate, please contact City Hall no later than 4:30pm on August 28th. 33/1

Notice Of Public Hearing

The Colfax City Board of Adjustment (BOA) will be holding a public hearing August 28th at 5:30pm for a Variance to the CMC 13.04.160 (A or D). Under CMC 13.04.160 each residence is to have a separate connection to water and sewer if available. If services are not available the

residence may seek alternative water sewer services with certain conditions. For more information, contact City Hall. If you would like to comment on the Variance permit, you will either need to come to the public hearing or have a signed written statement to City Hall no later than August 28th, 4:30pm. For anyone needing assistance to participate, please contact City Hall no later than 4:30pm on August 27th. 33/1

Notice Of Budget Hearing

A public hearing to review and adopt the 2018/19 Colfax School District No. 300 budget extension for the Capital Projects Fund will be held Monday, August 26th, 2019 at 6:45 p.m. in the District Board Room, 1207 N Morton St, Colfax, WA. Anyone desiring to offer comments for or against any portion of the budget will be heard.

Reece Jenkin, Business Manager

33/2

Surplus Vehicle Sale Town of LaCrosse

The Town of LaCrosse has one 1993 Chevrolet S10 pickup surplus vehicle to sell by sealed bid. Serial/Vin number 1GCCS14AXP8150953. Minimum Bid $500. Vehicle may be inspected at City Hall by appointment. Vehicle will be sold to the person submitting the highest purchase bid above the established minimum bid. Sealed bids will be accepted beginning Thursday, August 15, 2019 and sealed bids must be submitted to and received by LaCrosse City Hall by 2:00pm on Thursday, September 12, 2019. Successful bidder will be required to pay for the vehicle no later than Monday, September 19, 2019. Payment must be made by cash or a certified bank check. Bid forms may be picked up at City Hall, Monday thru Thursday, 8:30am – 3:30 pm. For more information or you would like bid forms or photos of the pickup emailed to you, please contact: [email protected] pionnet.com or call 509-549-3330. 33/2

Ordinance No. 469-N

AN ORDINANCE OF THE TOWN OF GARFIELD, WASHINGTON, amending Ordinance No. 420-N, and Garfield Municipal Code $24.02A.70, thereby authorizing buildings for personal use on lots without a residence in R-1, R-2, and R-3 zones. WHEREAS, after notice was given as required by law, the Planning Commission held a public hearing on January 10, 2019, to consider the amendments to the zoning ordinance; and WHEREAS, following the public hearing, the Planning Commission adopted findings of fact and forwarded recommendations to the Town Council regarding the proposed amendments; and WHEREAS, after notice was given as required by law, the Town Council held a public hearing on April 10, 2019, to consider the proposed amendments; and WHEREAS, following the public hearing, the Town Council adopted findings of fact and approved the proposed amendments. Now, therefore, BE IT ORDAINED by the Council of the Town of Garfield as follows: Section 1. For the purposes of this ordinance, all amendments in this ordinance of Garfield Municipal Code $24.02A.70 and/or specific parts or portions thereof, shall also amend the corresponding sections and/or specific parts or portions of Ordinance No. 420-N. Section 2. Those portions of Garfield Municipal Code $24.024.70 (7) R-1, (8) R-2, and (9) R-3 entitled "Conditional Uses” are hereby amended to read as follows: "Home occupation; schools and churches; community club houses; public parks and recreation areas; private parks and recreation operated by a non-profit as a community facility; building for public utilities; animals for profit if all densities and other regulations are followed, and animals are raised onsite; private multiple family dwellings; greenhouses; apartments; cottage industry use of accessory buildings for commercial activities; public buildings; and buildings for personal use on lots without a residence, in conformity with surrounding zoned areas." Section 3. This ordinance shall be in full force and effect five days after it or a summary thereof, is published in the official newspaper of the Town of Garfield as required by law. PASSED by the Town Council of the Town of Garfield this 10th day of July, 2019.

Jarrod Pfaff, Mayor

Attest: Nancy Whitesell, Clerk

Approved as to form: Eric Hanson, Town Attorney

Passed: 7.10.19 33/1

SUPERIOR COURT OF

WASHINGTON FOR LINCOLN COUNTY

In the Matter of the Estate of

Doris M. Eriksen,

Deceased

No. 19 4 00037 22

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 that arose before the decedent’s death 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 attorneys at the address stated below a copy of the claim and filing the original of the claim with the Clerk of this Court. 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(3); or (2) four months after the date of first publication of this notice. If the claim is not presented within this time frame, the claim will be forever barred, except as otherwise provided in RCW Section 11 and RCW 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets.

Date of First Publication: 8-8-19

Personal Representative: Tracy L. Eriksen

Attorney for P.R.: Norman D. Brock

Address for Mailing or Service: Brock Law Firm, P.S.

529 Morgan St., P.O. Box 249

Tracy L. Eriksen Davenport, WA 99122

Personal Representative 32/3

SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF WHITMAN

In The Estate Of

Joseph P. Delay, Sr.,

Deceased.

No. 19-4-00077-38

PROBATE NOTICE TO

CREDITORS OF JOSEPH P. DELAY, SR., DECEASED

RCW 11.40.030

The Co-Personal Representatives named below have been appointed and have qualified as Co-Personal Representatives of this estate. Any persons or entities having claims against the deceased must, before the time the claim would be barred by any otherwise applicable statute of limitations, present a valid claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Co-Personal Representatives or the Co-Personal Representatives’ attorney at the address stated below a copy of the claim. The original of the claim shall be filed by the claimant with this Court in which the probate proceedings were commenced.The claim filed with this Court must be filed within the later of: (1) Thirty (30) days after the Co-Personal Representatives served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) Four months after the date of first publication of the notice. If the claim is not filed with this Court 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 the decedent’s probate and nonprobate assets.

Publications (Spokane and Whitman). County of decedent’s residence: Spokane Valley News Herald. Date of first publication: August 16, 2019. County of probate proceedings: Whitman County Gazette. Date of first publication: August 15, 2019. Co-Personal Representatives (2): Paul J. Delay

Michael J. Delay

Address for mailing of service: Peyton Bldg. 10 N. Post St., Ste. 301 Spokane, WA 99201

Court of probate proceedings and cause no. : Whitman County

Case No. 19-4-00077-38 33/3

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

EVELYN KAY VANDYKE, a married

person, as her separate property; EDWARD R. HINNENKAMP, a married person, as his separate property;

BETTY JO SEBO, a married person, as her separate property; and JOHN W. HINNENKAMP a married person, as his separate property No. 19-2-00137-38

Plaintiffs, SUMMONS BY PUBLICATION

v.

MARY LYNCH, deceased; JAMES LYNCH, deceased, the unknown heirs and devisees of MARY, LYNCH, deceased; the unknown Heirs and devisees of JAMESLYNCH, deceased; and all other persons or parties unknown claiming any right, title, estate, lien, or interest in the property herein described,

Defendants.

--------------------------------

The State of Washington to the said Defendants, if living, and to their unknown heirs if deceased; the unknown heirs and devisees of MARY LYNCH, deceased; the unknown heirs and devisees of JAMES LYNCH, deceased; and all other persons or parties unknown claiming any right, title, estate, lien, or interest in the property herein described. You, and each of you, are hereby summoned to appear within sixty (60) days after the date of first publication of this Summons, to-wit, within sixty (60) days after the 8th day of August, 2019, and defend the above-entitled action in the above-entitled court and answer the Complaint of the Plaintiff and serve a copy of your Answer upon the undersigned attorneys for the Plaintiff, at their office below stated; and in case of your failure to do so, judgment will be rendered against you according to the demands of the Complaint in this action which has been filed with the Clerk of said Court. The object of this action is to quiet title in the Plaintiff against the claims of all the Defendants and any one of them with respect to real estate in Whitman County, Washington, described as follows:

A tract of land lying in Section 29, Township 17 North, Range 43 East, W.M., described as follows: COMMENCING on the south side of the said Section 0.94 chains easterly from the southwest corner of the said Section, said point is in the center of the Palouse River; Thence on the south line of the Section south 87° 00' east 33.74 chains; Thence north 49° 46' east 6.76 ½ chains; Thence north 46° 28' east 13.90 chains; Thence north 70° 59' east 7.76 chains; Thence north 67° 13' east 6.50 chains; Thence north 23° 39' west 22.31 chains; Thence north 4° 05' west 15.82 chains; Thence south 47° 25' west 6.50 chains;Thence south 56° 56' west 4.73 chains; Thence south 36° 48' west 6.17 chains; Thence south 37° 33' west 7.07 chains; Thence south 19° 10' west 6.54 chains; Thence south 30° 58° west 7.80 chains; Thence north 61° 17' west 5.50 chains; Thence south 53° 12' west 3.33 chains; Thence south 65° 58' west 2.36 chains; Thence south 75° 17' west 2.53 chains; Thence north 30° 38' west 9.04 chains; Thence south 36° 31' west 10.82 chains to the center of the Palouse River; Thence up the center of said river on the following courses: South 12° 42' west 7.46 chains; Thence south 16° 46' west 6.58 chains; Thence south 19° 44' east 1.54 chains; Thence south 24° 53' west, 6.87 chains to the place of beginning.

DATED this 2nd day of August, 2019.

Carpenter, Mcguire & Dewulf, P.S.

By: L. R. “RUSTY” MCGUIRE

Attorney for Plaintiff

WSBA No. 18808

105 S. Main St.

P.O. Box 619

Colfax, WA 99111-0619

Telephone: (509) 397-4345

32/6

 
 

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