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NOTICE OF DETERMINATION OF NONSIGNIFICANCE
Notice is hereby given that a Washington State Environmental Policy Act (SEPA Determination of Nonsignificance (DNS) was issued on September 8, 2009, for Straddleline ORV Park Emergency Repairs.
The site is located within Section 17, Township 18N, Range 4W, W.M., in Grays harbor County, Washington and Section 16, Township 18 N, Range 4W, W.M., in Thurston County, Washington. The street address is 15015 State Route 8 West, McCleary, WA 98557. The DNS is issued under WAC 197-11-340(2); Grays Harbor County will not act on the proposal for 15 days from September 8, 2009.
All interested persons or agencies are invited to comment on this determination by September 23, 2009. Comments on the determination should be sent to Grays Harbor County, Department Public Works, 100 West Broadway Suite 31, Montesano, Washington 98563, phone number (360) 249-4222. A copy of the determination may be obtained from the department. This determination may be appealed by filing a written notice with the Public Works Department within 10 days of the decision of the project.
Published: September 10, 2009
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Abbreviated Legal Description: APN: 105900131100 TS No: T09-50752-WA Notice of Trustee's Sale Pursuant to the Revised Code of Washington Chapter 61.24 Et. Seq. I. Notice is hereby given that the undersigned Trustee First American Title Insurance Company c/o CR Title Services Inc. will on 10/9/2009, at 10:00 AM at At the main entrance to the Superior Courthouse, 102 West Broadway, Montesano, WA 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 Grays Harbor, State of Washington, to-wit: SEE ATTACHED EXHIBIT "A" EXHIBIT A UNIT 1311 WESTPORT BY THE SEA PHASE III, A CONDOMINIUM, ACCORDING TO THE DECLARATION THEREOF, RECORDED DECEMBER 9, 2003, UNDER AUDITOR'S FILE NO. 2003-12090080 AND RE-RECORDED DECEMBER 11, 2003, UNDER AUDITOR'S FILE NO. 2003-12110057; AND ALSO ACCORDING TO AMENDMENT NO. 1, RECORDED FEBRUARY 26, 2004, UNDER AUDITOR'S FILE NO. 2004-02260091, AMENDMENT NO. 2 RECORDED JULY 26, 2004, UNDER AUDITOR'S FILE NO. 2004-07260034, AMENDMENT NO. 3, RECORDED MARCH 24, 2005, UNDER AUDITOR'S FILE NO. 2005-03240004, AMENDMENT NO. 4, RECORDED APRIL 14, 2005, UNDER AUDITOR'S FILE NO. 2005-04140113, AMENDMENT NO. 5, RECORDED JULY 13, 2005, UNDER AUDITOR'S FILE NO. 2005-07130030, AMENDMENT NO. 6, RECORDED SEPTEMBER 14, 2005, UNDER AUDITOR'S FILE NO. 2005-090140093, AND AMENDMENT NO. 7, RECORDED SEPTEMBER 28, 2005, UNDER AUDITOR'S FILE NO. 2005-09280010, ALL TO DECLARATION OF CONDOMINIUM; SAID UNIT IS LOCATED ON SURVEY MAP AND PLANS RECORDED SEPTEMBER 28, 2005, IN VOLUME 3 OF CONDOMINIUMS, PAGES 37 THROUGH 42, RECORDS OF GRAYS HARBOR COUNTY; SITUATE IN THE COUNTY OF GRAYS HARBOR, STATE OF WASHINGTON. Commonly known as: 1600 WEST OCEAN AVE UNIT #1311 , Westport, WA 98595 which is subject to that certain Deed of Trust dated 10/25/2005, recorded 10/28/2005, under Auditor's File No. 2005-10280068, in Book , Page records of Grays Harbor County, Washington, from CHRISTOPHER E. COBEY AND ELIZABETH R. COBEY, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP, as Grantor(s), to M.V. JUDD, P.S., as Trustee, to secure an obligation in favor of CITIMORTGAGE, INC., as Beneficiary, the beneficial interest in which was assigned by CITIMORTGAGE, INC., under an Assignment recorded under Auditor's file number. 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/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: Payment Information From 01/01/2009 Thru 06/26/2009 No. Pmt 6 Amount $1,191.67 Total $7,150.02 Late Charge Information From 01/01/2009 Thru 06/26/2009 No. Late Charges 6 Total $536.22 Promissory Note Information Note Dated: 10-25-2005 Note Amount: $260,000.00 Interest Paid to: 12-01-2008 Next Due Date: 01-01-2009 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $260,000.00, together with interest as provided in the Note or other instrument from the 01-01-2009 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. Said sale will be made without warranty, express or implied, regarding title, possession or encumbrances on 10-09-2009. The defaults referred to in Paragraph III must be cured by 09-28-2009, (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 09-28-2009 (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 cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 09-28-2009 (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 by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust. VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the follows address(es): Name CHRISTOPHER E. COBEY AND ELIZABETH R. COBEY HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP Address 1600 WEST OCEAN AVE UNIT #1311 Westport, WA 98595 Name CHRISTOPHER E. COBEY AND ELIZABETH R. COBEY HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP Address 1600 WEST OCEAN AVE UNIT #1311 Westport, WA 98595 by both first class and certified mail on 06-02-2009, 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 of 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. This is an attempt to collect a debt and any information obtained will be used for that purpose. For sales information, please contact Priority Posting and publishing at www.priorityposting.com or (714) 573-1965. Dated: 6/26/2009 First American Title Insurance Company as Agent for the Trustee c/o CR Title Services Inc. 818 Steward Street Suite 800 Seattle, WA 98901 Phone 877-576-0472 MARIA DE LA TORRE, ASST. SEC. Federal Law requires us to notify you that we are acting as a debt collector. If you are currently in a bankruptcy or have received a discharge in bankruptcy as to this obligation, this communication is intended for informational purposes only and is not an attempt to collect a debt in violation of the automatic stay or the discharge injunction. P588913 9/10, 10/01/2009
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PORT OF GRAYS HARBOR
CALL FOR BIDS-CONTRACT NO. 1607-B
Terminal 1 Improvement Project Dredging and
Terminal 2 Maintenance Dredging
Sealed bids will be received at the Main Office of the Port of Grays Harbor, located at 111 South Wooding St., Aberdeen, Washington, 98520 or at P.O. Box 660, Aberdeen, Washington, 98520-0141, until 2:15 pm, on Monday, October 5, 2009.
Terminal 1 Enhancement Project Dredging ($300,000.00 -$350,000.00). Requires the contractor to remove sediment from specified dredge prism as outlined in the plans and specifications for a new pier that will be constructed. Contractor will be required to provide water quality monitoring during operations and will be required to conform to all environmental permits issued for the project.
Terminal 2 Maintenance Dredging ($200,000.00 -$250,000.00). Requires the contractor to remove sediment from specified dredge prism as outlined in the plans and specifications for annual maintenance dredging. Contractor will be required to provide water quality monitoring during operations and will be required to conform to all environmental permits issued for the project.
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into a contract and furnish a satisfactory performance bond, the bid proposal deposit shall be forfeited.
Access to bidding information (plans, specifications, addenda, and Bidders List) is available through the Port of Grays Harbor's on-line plan room. Free-of-charge access is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects", "Public Works", and "Port of Grays Harbor". This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders "Register" in order to receive automatic e-mail notification of future addenda and to place themselves on the "Self-Registered Bidders List". Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued on this project. Contact Builders Exchange of Washington at 425-258-1303 should you require assistance.
A pre-bid meeting will be held at the Port of Grays Harbor office, 111 S. Wooding St., Aberdeen, WA at 10:00am on Tuesday September 15, 2009.
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AFTER RECORDING RETURN TO:
Bishop, White & Marshall, P.S.
720 Olive Way, Suite 1301
Seattle, WA 98101
(206) 622-7527
Ref: Horton, Daniel M. and Suzanne D., 1712.0911161
Reference Number(s) of Documents assigned or released: 2006-04210047
Grantor: Bishop, White & Marshall, P.S.
Grantee: Daniel M Horton and Suzanne D Horton, husband and wife
Abbreviated Legal Description as Follows: HOQ COR PTN LOT 12 ALL LOT 13 BLK 176
Assessor's Property Tax Parcel/Account Number(s): 051817601300
WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF TRUSTEE'S SALE
I
NOTICE IS HEREBY GIVEN that the undersigned Bishop, White & Marshall, P.S. will on October 9, 2009 at 10:00 am the entrance to Grays Harbor County Courthouse at 102 West Broadway Ave., Montesano, WA located in Grays Harbor County, State of Washington, sell at public auction to the highest 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 Grays Harbor County, State of Washington, to-wit;
Lots 13 and the Northeasterly 5 feet of Lot 12, Block 176, Corrected Plat of the Town, now City, of Hoquiam, as per plat recorded in Volume 2 of Plats, Page 1A, records of Grays Harbor County; Situate in the County of Grays Harbor, State of Washington.
which is subject to that certain Deed of Trust dated April 17, 2006, recorded April 21, 2006, under Auditor's File No. 2006-04210047 records of Grays Harbor County, Washington, from Daniel M Horton and Suzanne D Horton, husband and wife, as Grantor, to Trustee Services, Inc., as Trustee to secure an obligation in favor of Anchor Bank as beneficiary. The sale will be made without any warranty concerning the title to, or the condition of the property.
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 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:
i) Failure to pay the following amounts, now in arrears:
Delinquent Monthly Payments Due from 2/1/2009 through 7/1/2009:
6 payment(s) at $2022.69
Total: 12,136.14
Late Charges:
1 late charge(s) at $76.48
for each monthly payment not made within days of its due date
Total Late Charges 76.48
Subtotal $12,212.62
Suspense Balance ($194.91)
TOTAL DEFAULT $12,017.71
IV
The sum owing on the obligation secured by the Deed of Trust is: $234,378.57, together with interest from January 1, 2009 as provided in the note or other instrument, 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 October 9, 2009. The payments, late charges, or other defaults must be cured by September 28, 2009 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before September 28, 2009 (11 days before the sale date) the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, is/are cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after September 28, 2009 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, 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 address(es):
Daniel M. Horton
86 N St
Hoquiam, WA 98550
Suzanne D. Horton
86 N St
Hoquiam, WA 98550
Daniel M. Horton
P.O. Box 278
Hoquiam, WA 98550
Suzanne D. Horton
P.O. Box 278
Hoquiam, WA 98550
by both first class and certified mail on June 1, 2009, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on June 2, 2009, 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 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.
NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (1) The Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the Trustee's Sale is less than the debt secured by the Deed of Trust; (2) The Guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee's sale; (3) The Guarantor will have no right to redeem the property after the Trustee's Sale; (4) Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the Trustee's Sale, or the last Trustee's Sale under any deed of trust granted to secure the same debt; and (5) In any action for a deficiency, the Guarantor will have the right to establish the fair value of the property as of the date of the Trustee's Sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the Trustee's Sale, plus interest and costs.
EFFECTIVE DATE: July 2, 2009
BISHOP, WHITE & MARSHALL, P.S., Successor Trustee
By: William L. Bishop, Jr.
720 Olive Way, Suite 1301
Seattle, WA 98101
(206) 622-7527
State of Washington
County of King
On this 1st day of July, 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared the above named person, to me known to be an Officer of Bishop, White & Marshall, P.S., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath states that they are authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Name: Angelique D Connell
NOTARY PUBLIC in and for the State of Washington at King County
My Appt. Exp: 9-11-12
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STATE ENVIRONMENTAL POLICY ACT
Conditional Shoreline Substantial Development 2009-0867
Notice of Mitigated Determination of Non-Significance (MDNS)
DESCRIPTION OF PROPOSAL: S & S Aqua Logging, in conjunction with Original Productions, submitted an application for a Conditional Shoreline Substantial Development (CSSD) Permit to allow for the filming of a water logging salvage operation on the Hoquiam River in unincorporated Grays Harbor County.
This proposal involves (a) the water log salvage operation performed by S & S Aqua Logging and (b) the filming of the salvage operation. The project involves filming the removal of 63-logs from a 2-mile-long reach of the Hoquiam River.
PROPONENT:
James "Jimmy" Smith
S and S Aqua Logging
9283 Icicle Road
Leavenworth, WA 98826
AUTHORIZED AGENT
Peta Hellard & Kirby Williamson
Original Productions
2445 North Naomi Street
Burbank, CA 91504
LOCATION OF CURRENT PROPOSAL: The proposed project is located within Section 15, Section 22, and Section 27 in Township 18 North, Range 10 West in unincorporated Grays Harbor County, Washington and within the Rural Environment and the Conservancy Environment of the Hoquiam River as identified in the Grays Harbor County Shoreline Master Program.
LEAD AGENCY: Grays Harbor County
FINDINGS: Grays Harbor County, acting as lead agency pursuant to Washington Administrative Code (WAC) Chapter 197-11-924, has determined that this proposal does not represent a probable significant adverse impact on the environment, provided that the attached mitigating measures are conditions of permit issuance. This decision is based upon a review of the completed environmental checklist and other information on file and available for review Monday through Friday from 8:00 a.m. to 5:00 p.m. at the Planning and Building Division office located on the third floor of the Grays Harbor County Administration Building. An Environmental Impact Statement (EIS) is not required for this proposal, pursuant to the Revised Code of Washington (RCW) Chapter 43.21C.030.
MITIGATION: To ensure the appropriate mitigation of potential adverse impacts from the proposal to elements of the environment, the following mitigating conditions are assigned to this proposal on the identified property pursuant to the authority granted under Grays Harbor County Code (GHCC) Chapter 18.04.120, RCW Chapter 43.21C.135, and WAC Chapter 197-11-350:
(a) EARTH. To mitigate for probable significant adverse impacts of the above mentioned operation to the natural environment:
1. Film mobilization operations are prohibited within 50-feet of the ordinary high water mark (OHWM) for the Hoquiam River.
2. Applicant shall not drag logs from the water onto the land via the shoreline. Logs shall only be brought on land using existing boat launch facilities. Written approval to use the boat launches shall be obtained prior to commencing operations, with a copy of the approval provided to Grays Harbor County.
3. The following shoreline area restoration of the first type is required for this proposal:
* Any man-made disturbances of the 200-foot-wide shoreline area, as measured from the OHWM of the Hoquiam River, shall be returned to its original state.
* All litter and debris shall be removed from the 200-foot-wide shoreline area, as measured from the OHWM of the Hoquiam River.
(b) AIR. To mitigate for probable significant adverse impacts of the above mentioned operation to the natural environment:
1. Vehicles associated with the proposal, including the barge, shall be equipped with factory-installed emission control devices.
2. The applicant shall employ Best Management Practice (BMP) C140, as set forth in the 2005 Washington State Department of Ecology document entitled "Surface Water Management Manual for Western Washington", to control the transport of sediment.
(c) WATER. To mitigate for probable significant adverse impacts of the above mentioned operation to the natural environment, water quality, and flood storage capacity:
1. During operation, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents, and other deleterious materials shall be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The applicant shall employ Best Management Practices for the Mobile Fueling of Vehicles and Heavy Equipment as set forth on page 2-43 of the 2005 Washington State Department of Ecology document entitled "Surface Water Management Manual for Western Washington", to control the accidental release of deleterious materials. The cleanup of spills should take precedence over work on the site.
2. Applicant shall minimize the scope of the project to only include logs that are an immanent hazard to life and property. Applicant shall work with the Department of Fish and Wildlife and the Department of Natural Resources to identify logs that may possibly be removed.
(d) PLANTS AND ANIMALS. To mitigate for probable significant adverse impacts of the above mentioned operation to fish-bearing waters:
1. The applicant shall obtain all necessary permits from the Washington State Department of Fish and Wildlife (DFW) and the Washington State Department of Natural Resources (DNR) for the proposed action.
2. The applicant shall employ BMP C101, as set forth in the 2005 Washington State Department of Ecology document entitled "Surface Water Management Manual for Western Washington", to preserve natural vegetation throughout the project area.
(e) TRANSPORTATION. To mitigate for probable significant adverse impacts of the above mentioned operation to the natural environment:
1. Transportation to and from site shall be limited to carpooling and directed primarily to US Highway 101 and local boat launches. Permission to use boat launch for commercial operation shall be obtained prior to the start of the proposed action.
(f) LAND AND SHORELINE USE. To mitigate for probable significant adverse impacts of the above mentioned operation to land and historic and cultural preservation:
1. Applicant shall ensure the land and shoreline is not impacted by the proposed action by the use of best management practices and by limiting ingress and egress to only boat launches.
2. Applicant shall create a Shoreline Litter Clean-up Plan. The primary purpose of the plan shall address mitigation measures to collect litter and debris from the shorelines of the Hoquiam River. Shoreline Litter Clean-up Plan shall be administered and executed at the commencement of operation. Litter and debris shall be transferred to an approved sanitary landfill for disposal.
(g) ENVIRONMENTAL HEALTH: To mitigate for probable significant adverse impacts of the above mentioned operation to the environment.
1. A spill prevention plan shall be prepared and approved by the County prior to proposed operation.
2. Project activities shall only be conducted during daylight hours.
REFERENCES: This MDNS is based, in part, upon information contained in the following documents:
1. SEPA Environmental Checklist and addendum signed by James Smith, dated July 14, 2009.
2. Joint Aquatic Resources Permit Application, dated July 14, 2009.
3. Stormwater Management Manual for Western Washington, Washington State Department of Ecology.
This MDNS is issued pursuant to the authority of GHCC 18.04.120, WAC 197-11-350, and RCW 43.21C.135. Grays Harbor County will not act on this building construction proposal for a minimum of 14-days. Written comments must be submitted to the Responsible Official at the address listed below by 5:00 PM on September 24, 2009.
Any person aggrieved by this threshold determination may file an appeal in Superior Court, pursuant to the Washington State Land Use Petition Act RCW 36.70C, within 21-days from the date of this determination.
Responsible Official:
Ryan Harriman
Title:
Land Use Planner
Address:
Planning and Building Division
Grays Harbor County
100 West Broadway Avenue, Suite 31
Montesano, Washington 98563-3614
Phone: (360) 249-5579
Email: rharriman@co.grays-harbor.wa.us
Date: September 3, 2009
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STATE ENVIRONMENTAL POLICY ACT
GRAYS HARBOR COUNTY
CASE 2009-1037
Mitigated Determination of Non-Significance (MDNS)
Description of Proposal: Application for a Grade and Fill Permit. The overall purpose of the project is to protect the bank of the creek from further eroding property and destroying infrastructure(s). An irrigation-well is currently close to being destroyed by the eroding bank of Bear Creek. Due to high flow times and extreme flooding, the property has been historically eroding away, as this section of property is located at an intersection of a small tributary to Bear Creek. The bank of the creek has been historically protected by a wooden bulkead and will be replaced with rock rip-rap. The proposal is to reduce or eliminate the erosion problems. Grays Harbor County Code (GHCC) Chapter 18.04.090, Washington Administrative Code (WAC) Chapter 197-11-310(1) and WAC 197-11-800(1)(b)(i) require an environmental threshold determination. The necessary determination is required for construction on lands partly or wholly covered by water.
Proponent:
Lou Messmer
85 Bear Creek Rd.
Aberdeen, Washington 98520
Owner of Property: Same
Location of current proposal: The proposal is located on the North Bank of Bear Creek at 85 Bear-Gulch Road, on the property having Assessor's Parcel #709500000700, and located approximately one-half mile north of the City of Aberdeen, within the northwest Quarter of the Northwest Quarter of Section 34, Township 18N., Range 9W. W.M., Grays Harbor County, Washington.
Lead Agency: Grays Harbor County
Findings: Grays Harbor County, acting as lead agency pursuant to WAC Chapter 197-11-926(1), has determined that this proposal does not represent a probable significant adverse impact on the environment provided that the attached mitigating measures are conditions of permit issuance. This decision is based upon a review of the completed environmental checklist and other information on file and available for review Monday through Friday from 8:00 a.m. to 5:00 p.m. at the Planning and Building Division on the third floor of the Grays Harbor County Administration Building. An Environmental Impact Statement is not required for this proposal pursuant to the Revised Code of Washington (RCW) Chapter 43.21C.030.
The following mitigating measures are assigned to this proposal pursuant to the authority granted under GHCC Chapter 18.04.120, RCW Chapter 43.21C.135, and WAC Chapter 197-11-350:
(a) EARTH. To mitigate for probable significant adverse impacts from the development to the earth:
1. The applicant and/or representative shall provide appropriate means of erosion, siltation and drainage control on the construction site. These mitigation measures shall be in place prior to, during and after the construction activity.
2. All exposed fill and disturbed areas shall immediately be seeded for vegetation growth so as to provide additional protection from erosion and sedimentation impacts.
3. Erosion and sediment control is a key to preserving habitat and preventing denudation of a developing area. The following practices are recommended:
* Soil in stockpiles should be stabilized or protected with sediment-trapping measures to prevent soil loss. All exposed areas of final grade, or areas that are not scheduled for work for more than 30 days should be stabilized within 10 days during the period from April 1 to October 31 or immediately during the period running from November 1 to March 31.
* Clearing limits and/or any easements or required buffers should be staked and flagged in the field.
* Properties adjacent to the site of a land disturbance should be protected from sediment deposition through the use of buffers or other perimeter controls, such as filter fence or sediment basins.
* Provisions should be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited, it should be cleaned every day by shoveling or sweeping. Water clearing should only be done after the area has been shoveled out or swept.
(b) AIR. To mitigate for probable significant adverse impacts from the proposal to air:
1. Construction vehicles and equipment shall be equipped with factory-installed emission control devices.
(c) WATER. To mitigate for probable significant adverse impacts from the development to water quantity:
1. The project shall comply with all requirements of the Washington State Department of Fish and Wildlife, including Hydraulic Project Approval (HPA).
2. The project shall be constructed in accordance with the approved plans, and in accordance with the HPA.
3. During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents, and other deleterious materials must be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The cleanup of spills should take precedence over other work on the site.
All fuel shall be stored a minimum of 100-feet away from surface waters. All re-fueling shall also take place a minimum of 100-feet from all surface water.
(e) LAND AND SHORELINE USE. To mitigate for probable significant adverse impacts of the development to land and historic and cultural preservation:
1. The applicant shall immediately cease construction activities in the event that any historic or archeological resources are discovered, and shall immediately contact the Washington State Office of Archeology and Historic Preservation to determine the appropriate measures, which address the resource.
2. The applicant and contractor shall have necessary construction easements on all property that is not under the ownership of the entity described in this document and application.
3. After completion of the project, the shoreline areas shall be cleaned by removing litter, debris, abandoned structures, and pilings, to present a neat and tidy appearance.
This MDNS is issued pursuant to the authority of GHCC 18.04.120, WAC 197-11-350, and RCW 43.21C.135. Grays Harbor County will not act on this fill and grade proposal for a minimum of 14-days. Written comments must be submitted to the Responsible Official at the address listed below by September 24, 2009
Any person aggrieved by this threshold determination may file an appeal in Superior Court, pursuant to the Washington State Land Use Petition Act RCW 36.70C, within 21-days from (a) the date the Grays Harbor County Building Official issues the fill and grade permit, or (b) if appealed to the Grays Harbor County Building Codes Advisory Council, the date of final decision by the Council regarding such appeal, whichever is later.
Responsible Official:
Curt Crites
Address:
Planning and Building Division
Grays Harbor County
100 West Broadway Avenue, Suite 31
Montesano, Washington 98563
Phone: (360) 249-5579
Date: September 10, 2009
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ORDINANCE 09-09
An Ordinance relating to sewer rates; amending Section 8.08.090 of the Hoquiam Municipal Code; and providing an effective date.
The above ordinance is being published by title only. A full and complete copy of this ordinance can be obtained through the Office of the Finance Director, Hoquiam City Hall, 609 8th Street, Hoquiam WA 98550.
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STATE ENVIRONMENTAL POLICY ACT
Conditional Shoreline Substantial Development Case 2009-0869
Notice of Mitigated Determination of Non-Significance (MDNS)
DESCRIPTION OF PROPOSAL: S & S Aqua Logging, in conjunction with Original Productions, submitted an application for a Conditional Shoreline Substantial Development (CSSD) Permit after the completion of a project involving the filming of a water logging salvage operation on the Hoquiam River and East Fork of the Hoquiam River in unincorporated Grays Harbor County.
This proposal, which was undertaken between August and September 2008, involved (a) the water log salvage operation performed by S & S Aqua Logging and (b) the filming of the salvage operation. The project involved filming the removal of 6-logs from a 200-yard-long reach of the East Fork of the Hoquiam River and 2-logs from a 200-yard-long reach of the Hoquiam River.
PROPONENT:
James "Jimmy" Smith
S & S Aqua Logging
9283 Icicle Road
Leavenworth, WA 98826
AUTHORIZED AGENT
Peta Hellard & Kirby Williamson
Original Productions
2445 North Naomi Street
Burbank, CA 91504
LOCATION OF CURRENT PROPOSAL: The proposed project is located within Section 35, Township 18 North, Range 10 West, W.M., in rural Grays Harbor County, Washington within the Rural Shoreline Environment of the East Fork of the Hoquiam River, and within Section 27, Township 18 North, Range 10 West, W.M., in rural Grays Harbor County, Washington within the Rural Shoreline Environment of the Hoquiam River
LEAD AGENCY: Grays Harbor County
FINDINGS: Grays Harbor County, acting as lead agency pursuant to Washington Administrative Code (WAC) Chapter 197-11-924, has determined that this proposal does not represent a probable significant adverse impact on the environment, provided that the attached mitigating measures are conditions of permit issuance. This decision is based upon a review of the completed environmental checklist and other information on file and available for review Monday through Friday from 8:00 a.m. to 5:00 p.m. at the Planning and Building Division office located on the third floor of the Grays Harbor County Administration Building. An Environmental Impact Statement (EIS) is not required for this proposal, pursuant to the Revised Code of Washington (RCW) Chapter 43.21C.030.
MITIGATION: To ensure the appropriate mitigation of potential adverse impacts from the proposal to elements of the environment, the following mitigating conditions are assigned to this proposal on the identified property pursuant to the authority granted under Grays Harbor County Code (GHCC) Chapter 18.04.120, RCW Chapter 43.21C.135, and WAC Chapter 197-11-350:
(b) EARTH. To mitigate for probable significant adverse impacts of the above mentioned operation to the natural environment:
3. Film mobilization operations are prohibited within 50-feet of the ordinary high water mark (OHWM) for the Hoquiam and East Hoquiam Rivers.
4. Applicant shall not drag logs from the water onto the land via the shoreline. Logs shall only be brought on land using existing boat launch facilities. Written approval to use the boat launches shall be obtained prior to commencing operations, with a copy of the approval provided to Grays Harbor County.
3. The following shoreline area restoration of the first type is required for this proposal:
* Any man-made disturbances of the 200-foot-wide shoreline area, as measured from the OHWM of the Hoquiam and East Hoquiam Rivers, shall be returned to its original state.
* All litter and debris shall be removed from the 200-foot-wide shoreline area, as measured from the OHWM of the Hoquiam and East Hoquiam Rivers.
(h) AIR. To mitigate for probable significant adverse impacts of the above mentioned operation to the natural environment:
3. Vehicles associated with the proposal, including the barge, shall be equipped with factory-installed emission control devices.
4. The applicant shall employ Best Management Practice (BMP) C140, as set forth in the 2005 Washington State Department of Ecology document entitled "Surface Water Management Manual for Western Washington", to control the transport of sediment.
(i) WATER. To mitigate for probable significant adverse impacts of the above mentioned operation to the natural environment, water quality, and flood storage capacity:
3. During operation, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents, and other deleterious materials shall be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The applicant shall employ Best Management Practices for the Mobile Fueling of Vehicles and Heavy Equipment as set forth on page 2-43 of the 2005 Washington State Department of Ecology document entitled "Surface Water Management Manual for Western Washington", to control the accidental release of deleterious materials. The cleanup of spills should take precedence over work on the site.
4. Applicant shall minimize the scope of the project to only include logs that are an immanent hazard to life and property. Applicant shall work with the Department of Fish and Wildlife and the Department of Natural Resources to identify logs that may possibly be removed.
(j) PLANTS AND ANIMALS. To mitigate for probable significant adverse impacts of the above mentioned operation to fish-bearing waters:
3. The applicant shall obtain all necessary permits from the Washington State Department of Fish and Wildlife (DFW) and the Washington State Department of Natural Resources (DNR) for the proposed action.
4. The applicant shall employ BMP C101, as set forth in the 2005 Washington State Department of Ecology document entitled "Surface Water Management Manual for Western Washington", to preserve natural vegetation throughout the project area.
(k) TRANSPORTATION. To mitigate for probable significant adverse impacts of the above mentioned operation to the natural environment:
2. Transportation to and from site shall be limited to carpooling and directed primarily to US Highway 101 and local boat launches. Permission to use boat launch for commercial operation shall be obtained prior to the start of the proposed action.
(l) LAND AND SHORELINE USE. To mitigate for probable significant adverse impacts of the above mentioned operation to land and historic and cultural preservation:
3. Applicant shall ensure the land and shoreline is not impacted by the proposed action by the use of best management practices and by limiting ingress and egress to only boat launches.
4. Applicant shall create a Shoreline Litter Clean-up Plan. The primary purpose of the plan shall address mitigation measures to collect litter and debris from the shorelines of the Hoquiam and East Hoquiam Rivers. Shoreline Litter Clean-up Plan shall be administered and executed at the commencement of operation. Litter and debris shall be transferred to an approved sanitary landfill for disposal.
(m) ENVIRONMENTAL HEALTH: To mitigate for probable significant adverse impacts of the above mentioned operation to the environment.
3. A spill prevention plan shall be prepared and approved by the County prior to proposed operation.
4. Project activities shall only be conducted during daylight hours.
REFERENCES: This MDNS is based, in part, upon information contained in the following documents:
4. SEPA Environmental Checklist and addendum signed by James Smith, dated July 14, 2009.
5. Joint Aquatic Resources Permit Application, dated July 14, 2009.
6. Stormwater Management Manual for Western Washington, Washington State Department of Ecology.
This MDNS is issued pursuant to the authority of GHCC 18.04.120, WAC 197-11-350, and RCW 43.21C.135. Grays Harbor County will not act on this building construction proposal for a minimum of 14-days. Written comments must be submitted to the Responsible Official at the address listed below by 5:00 PM on September 17, 2009.
Any person aggrieved by this threshold determination may file an appeal in Superior Court, pursuant to the Washington State Land Use Petition Act RCW 36.70C, within 21-days from the date of this determination.
Responsible Official:
Ryan Harriman
Title:
Land Use Planner
Address:
Planning and Building Division
Grays Harbor County
100 West Broadway Avenue, Suite 31
Montesano, Washington 98563-3614
Phone: (360) 249-5579
Email:
rharriman@co.grays-harbor.wa.us
Date: September 3, 2009
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR GRAYS HARBOR COUNTY
In the Matter of the Estate of
SAARA KOVALA TRYGSTAD,
Deceased.
NO. 09-4-00160-3
ERROR! REFERENCE SOURCE NOT FOUND.
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(1)(c); 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 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 non-probate assets.
DATE OF FIRST PUBLICATION: September 10, 2009.
Personal Representative:
Linda Trygstad[DM1]
Address:
821 N. N St.
Aberdeen, WA 98520
Attorneys for the Personal Representative:
INGRAM, ZELASKO & GOODWIN, LLP
Address for Mailing or Service:
120 East First Street
Aberdeen, WA 98520
(360) 533-2865
Court of Probate Proceedings and Cause Number: Grays Harbor County Superior Court 09-4-00160-3
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SUPERIOR COURT OF WASHINGTON
FOR GRAYS HARBOR COUNTY
JUVENILE DIVISION
In re the Welfare of
ADRIEANA MAC VICAR
No. 09-7-00333-0 DOB: 05-25-1993
SELINA MAC VICAR 09-7-00334-8
DOB: 07-10-1994
RAQUEL SALAZAR
09-7-00335-6
DOB: 10-23-2000
JOSE SALAZAR
09-7-00336-4
DOB: 07-09-2002
VICTOR SALAZAR
09-7-00337-2
DOB: 01-07-2006
GLORIA SALAZAR
09-7-00338-1
DOB: 08-07-2007
NOTICE AND SUMMONS
BY PUBLICATION
Minor Children.
(Termination)
TO: Kimberly Mac Vicar
A Petition to Terminate Parental Rights was filed on August 17, 2009: A Fact Finding hearing will be held on this matter on: OCTOBER 13, 2009 AT 10:00 am/ Juvenile Court located at 103 Hagara Street, Aberdeen WA 98520. YOU SHOULD BE PRESENT AT THIS HEARING.
THE HEARING WILL DETERMINE IF YOUR PARENTAL RIGHTS TO YOUR CHILD ARE TERMINATED. IF YOU DO NOT APPEAR AT THE HEARING THE COURT MAY ENTER AN ORDER IN YOUR ABSENCE TERMINATING YOUR PARENTAL RIGHTS.
To request a copy of the Notice, Summons, and Termination Petition, call DSHS at 360/537-4300. To view information about your rights in this proceeding, go to: www.atg.wa.gov/TRM.aspx .
Dated this 2nd day of SEPTEMBER, 2009 by,
CHERYL BROWN, Grays Harbor County Clerk.
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File No.: 7303.20074 Grantors: Northwest Trustee Services, Inc. Nationstar Mortgage LLC Grantee: Phillip E. Rice, a married man as his separate estate Tax Parcel ID No.: 180513430060 Abbreviated Legal: PM S 1/2 SE 13-18-5 Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq. I. On October 9, 2009, at 10:00 a.m. inside the main lobby of the Grays Harbor County Courthouse, 102 West Broadway in the City of Montesano, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of Grays Harbor, State of Washington: Lot 2 of that certain Short Plat recorded August 27, 1998 in Volume 5 of Short Plats, Page 3 under Auditor's File No. 980828001, records of Grays Harbor County; (Being a portion of Lots 4 and 5 of that certain Survey recorded February 26, 1998 under Auditor's file No. 980226078 in Volume 18 of Surveys, Pages 144 and 145, records of Grays Harbor County; lying East of the Easterly line of Hyde Drive as delineated on said survey; also being a portion of the South half of the Southeast quarter of Section 13, Township 18 North, Range 5 West of the Willamette Meridian); situate in the County of Grays Harbor, State of Washington. Commonly known as: 122 MOX CHEHALIS RD E MCCLEARY, WA 98557 which is subject to that certain Deed of Trust dated 06/21/02, recorded on 06/28/02, under Auditor's File No. 2002-06280022, records of Grays Harbor County, Washington, from Philip E. Rice, as Grantor, to Pacific Title Company, as Trustee, to secure an obligation "Obligation" in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for AEGIS Mortgage Corporation dba New America Financial Corp., as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. to Nationstar Mortgage LLC, under an Assignment/Successive Assignments recorded under Auditor's File No. 200907010045. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. 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 Grantor's or Borrower's default on the Obligation. III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate by 07/06/2009 Monthly Payments $23,211.30 Late Charges $1,083.18 Lender's Fees & Costs $2,122.54 Total Arrearage $26,417.02 Trustee's Expenses (Itemization) Trustee's Fee $675.00 Title Report $643.30 Statutory Mailings $22.96 Recording Costs $29.00 Postings $70.00 Total Costs $1,440.26 Total Amount Due: $27,857.28 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $155,849.95, together with interest as provided in the note or other instrument evidencing the Obligation from 04/01/08, and such other costs and fees as are due under the Obligation, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on October 9, 2009. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 09/28/09 (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 the close of the Trustee's business on 09/28/09 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after 09/28/09 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor or the holder of any recorded junior lien or encumbrance paying the entire balance of 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. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es): NAME AND ADDRESS PHILIP E. RICE 122 MOX CHEHALIS RD E MCCLEARY, WA 98557 PHILIP E. RICE PO BOX 1334 MCCLEARY, WA 98557 Unknown Spouse and/or Domestic Partner of PHILIP E. RICE 122 MOX CHEHALIS RD E MCCLEARY, WA 98557 Unknown Spouse and/or Domestic Partner of PHILIP E. RICE PO BOX 1334 MCCLEARY, WA 98557 by both first class and either certified mail, return receipt requested on 05/06/09, proof of which is in the possession of the Trustee; and on 05/07/09 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 foreclosure costs and trustee's 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 right, title and interest in the Property. IX. Anyone having any objection to the 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. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com. EFFECTIVE: 07/06/2009 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Becky Baker (425) 586-1900. (TS# 7303.20074) 1002.120361-FEI
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CITY OF COSMOPOLIS
ORDINANCE NO. 1216
AN ORDINANCE DECLARING THE 1961 AMERICAN LA FRANCE TO BE SURPLUS AND DIRECTING THE MAYOR TO NEGOTIATE A SALE OF THAT APPARATUS.
BE IT ORDAINED by the City Council as follows:
Section 1. At the request of the Cosmopolis Volunteer Fire Department, the 1961 American La France fire engine is declared to be surplus.
Section 2. The Mayor is authorized to negotiate a sale of that apparatus as she may determine to be a reasonable method of sale.
Section 3. This ordinance shall be effective 5 days after its passage and publication.
Passed and Approved this 2nd day of September, 2009.
Mayor
Attest:
Clerk-Treasurer
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Aberdeen Auto Wreckers, Inc. #5183 and No No's Tows, Inc. #5530 will hold an Abandoned Vehicle Auction at 11 a.m. 9/15 and 9/17; Viewing 8-11 a.m. Location 144 St. Rt. 105, Aberdeen.
Aberdeen Auto Wreckers
9/15/09
91 Isuzu Lic. #762XQC
9/17/09
90 Acura Lic. #XSB803
90 Mercury Lic. #497NPG
No No's Tows, Inc.
9/15/09
84 Chevy Lic. #725UYM
69 Ford Lic. #A82086P
94 Toyota Lic. #A78595S
96 Mercury Lic. #252PKE
94 Mitsubishi Lic. #297ZFO
9/17/09
92 Ford Lic. #131UX4
89 Ford Lic. #895RLY
95 Ford Lic. #577SED
87 Mercedes Lic. #805SDF
96 Chrysler Lic. #473TXL
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File No.: 7104.12903 Grantors: Northwest Trustee Services, Inc. U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-WMC4, Asset Backed Pass-Through Certificates, Series 2006-WMC4 Grantee: James H. Barber and Monica R. Barber, husband and wife Tax Parcel ID No.: 094300702800 Abbreviated Legal: Lot 28, Block 7, Ocean Shores Division No. 20, as per Plat Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq. I. On October 9, 2009, at 10:00 a.m. inside the main lobby of the Grays Harbor County Courthouse, 102 West Broadway in the City of Montesano, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of Grays Harbor, State of Washington: Lot 28, Block 7, Ocean Shores Division No. 20, as per Plat recorded in Volume 9 of Plats, Page 72, records of Grays Harbor County; Situate in the County of Grays Harbor, State of Washington. Commonly known as: 184 SEA BREEZE DR OCEAN SHORES, WA 98569 which is subject to that certain Deed of Trust dated 09/22/06, recorded on 09/29/06, under Auditor's File No. 2006-09290135, records of Grays Harbor County, Washington, from James H. Barber and Monica R. Barber, husband and wife, as Grantor, to Bishop & Lynch of King County, as Trustee, to secure an obligation "Obligation" in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for WMC Mortgage Corp., as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. to U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-WMC4, Asset Backed Pass-Through Certificates, Series 2006-WMC4, under an Assignment/Successive Assignments recorded under Auditor's File No. 2009-06030088. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. 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 Grantor's or Borrower's default on the Obligation. III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate by 07/07/2009 Monthly Payments $12,619.08 Late Charges $451.95 Total Arrearage $13,071.03 Trustee's Expenses (Itemization) Trustee's Fee $607.50 Title Report $857.74 Statutory Mailings $35.88 Recording Costs $28.00 Postings $70.00 Total Costs $1,599.12 Total Amount Due: $14,670.15 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $265,145.56, together with interest as provided in the note or other instrument evidencing the Obligation from 01/01/09, and such other costs and fees as are due under the Obligation, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on October 9, 2009. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 09/28/09 (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 the close of the Trustee's business on 09/28/09 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after 09/28/09 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor or the holder of any recorded junior lien or encumbrance paying the entire balance of 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. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es): NAME AND ADDRESS MONICA R. BARBER 184 SEA BREEZE DR OCEAN SHORES, WA 98569 MONICA R. BARBER P.O. BOX 1308 OCEAN SHORES, WA 98569 JAMES H. BARBER 184 SEA BREEZE DR OCEAN SHORES, WA 98569 JAMES H. BARBER P.O. BOX 1308 OCEAN SHORES, WA 98569 MONICA R. BARBER 676 OCEAN SHORES BLVD NW OCEAN SHORES, WA 98569 JAMES H. BARBER 676 OCEAN SHORES BLVD NW OCEAN SHORES, WA 98569 by both first class and either certified mail, return receipt requested on 05/29/09, proof of which is in the possession of the Trustee; and on 05/29/09 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 foreclosure costs and trustee's 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 right, title and interest in the Property. IX. Anyone having any objection to the 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. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com. EFFECTIVE: 07/07/2009 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Becky Baker (425) 586-1900. (TS# 7104.12903) 1002.123377-FEI
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N O T I C E
APPLICATION FOR A 2-LOT SUBDIVISION
Case #2009-1097
NOTICE IS HEREBY GIVEN THAT Daniel & Kellie Perron have submitted an application for a 2-Lot Large-Lot Subdivision on September 4, 2009. The proposal is to subdivide approximately 23.61-acres of land into two (2) lots. The lots will be served by on-site septic systems and private wells. Lot 1 would be 6-acres in size while Lot 2 would be 17.61-acres in size.
The proposal is on the property having Assessor's parcel #'s 190913320060 and 190913320040, in the Wishkah region of Grays Harbor County. The property lies east of Wishkah Road, all within the northwest quarter of the southwest quarter of Section 13, Township 19 N., Range 9 W. W.M., Grays Harbor County, Washington.
The purpose of this notice is to obtain factual information concerning the proposal and the State Environmental Policy Act environmental threshold determination. Any person desiring to express their views or request additional information should contact Laura Gray at Grays Harbor County Planning and Building Division telephone (360) 249-5579. Written comments should be directed to Laura Gray, Grays Harbor County Planning and Building Division, 100 W. Broadway Ave., Suite #31, Montesano, WA 98563. All comments must be received in writing before 5 pm, September 25, 2009.
NOTICE IS FURTHER GIVEN that a State Environmental Policy Act (SEPA) Mitigated Determination of Non-Significance (MDNS), dated September 10, 2009, has been issued for Case 2009-1097. This environmental threshold determination has been prepared following the provisions of the Washington State Environmental Policy Act (SEPA) under Chapter 197-11, Washington Administrative Code (WAC) and Grays Harbor County Code 18.04 State Environmental Policy Act Procedures.
Written comments regarding the application for a 2-lot subdivision and State Environmental Policy Act (SEPA) Mitigated Determination of Non-Significance (MDNS), must be submitted by 5:00 PM on September 25, 2009. Following the fifteen (15) day review period, the County will (1) formally adopt this Mitigated Determination of Non- Significance; or (2) complete additional environmental analyses as appropriate. No action shall be taken on this proposal prior to 5:00 PM on September 25, 2009.
Any person aggrieved by this threshold determination may file an appeal in Superior Court pursuant to the Washington State Land Use Petition Act, RCW 36.70C, within 21 days from (a) the date the preliminary approval of the large lot subdivision is issued by the Grays Harbor County Subdivision Administrator, or (b) if the Subdivision Administrator's preliminary large lot subdivision approval is appealed to the Board of Commissioners of Grays Harbor County, the date the Board's final decision on such appeal is issued, whichever is later.
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR GRAYS HARBOR COUNTY
In the Matter of the Estate of
LINDA LUMER,
Deceased.
NO. 09-4-00159-0
NOTICE TO CREDITORS
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(1)(c); 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 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 non-probate assets.
DATE OF FIRST PUBLICATION: September 10, 2009.
Personal Representative:
Marc Lumer [DM2]
Address:
341 N. Genesee Ave.
Los Angeles, CA 90036
Resident Agent:
Stephen P. Natwick
Attorneys for the Personal Representative:
INGRAM, ZELASKO & GOODWIN, LLP
Address for Mailing or Service:
P.O. Box 1106
Aberdeen, WA 98520
(360) 533-2865
Court of Probate Proceedings and Cause Number: Grays Harbor County Superior Court 09-4-00159-0
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SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR PIERCE COUNTY
IN THE MATTER OF THE ESTATE OF:
ROY V. BENSON,
Deceased.
NO. 09-4-01337-6
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 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(1)(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 11.40.051 and RCW 11.40.060. This bar is effective as to claims against both the Decedent's probate and nonprobate assets. Decedent's date of birth is July 11, 1922.
RUTH M. THOMPSON
Personal Representative
GORDON THOMAS HONEYWELL LLP
PO BOX 1157
Tacoma, WA 98401-1157
(253) 620-6500
Attorneys for Personal Representative
By: Eileen S. Peterson, WSBA No. 17405
EPeterson@gth-law.com
DATE OF FIRST PUBLICATION: September 10, 2009
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Filed for Record at Request of:
David R. Riley
Weinstein & Riley, P.S.
2001 Western Avenue, Suite 400
Seattle, WA 98121
NOTICE OF TRUSTEE'S SALE
PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, et. seq.
TO:
The Farm at Clemons Hill, LLC
16624 15th St. Ct. E.
Sumner, WA 98390
Donald Olson
16624 15th St. Ct. E.
Sumner, WA 98390
Judith Olson
16624 15th St. Ct. E.
Sumner, WA 98390
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, David R. Riley, will on the 9th day of October, 2009, at the hour of 10:00 o'clock a.m. outside at the main entrance to the Grays Harbor County Courthouse, 100 W. Broadway, Montesano, Washington, 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 Grays Harbor, State of Washington, legally described on Exhibit "A" attached hereto and briefly described as follows:
PTN SE; 10-17-8.
The Real Property or its address is commonly known as: xxxx Kayla Drive, Montesano, WA 98563
Assessor's Property Tax Parcel Account Number(s): 170810430000 and 767700003001.
which is subject to that certain Deed of Trust dated August 24, 2006, recorded October 31, 2006, under Auditor's File No. 2006-10310055 records of Grays Harbor County, Washington, from The Farm at Clemons Hill, LLC, a Washington limited liability company, as Grantor, to Coast Title & Escrow, Inc., as Trustee, to secure an obligation in favor of Frontier Bank, as Beneficiary.
Exhibit A
PARCEL A:
The West Half of the Southeast Quarter of Section 10, Township 17 North, Range 8 West of the Willamette Meridian;
EXCEPT that portion of the East 1,746 feet of the Southeast Quarter lying Northerly of the transmission line easement granted to the United States of America by instrument recorded August 20, 1964, under Auditor's File No. 132908;
Situate in the County of Grays Harbor, State of Washington.
PARCEL B:
Tract A, Krueger Estates Division No. 2, as per plat recorded in Volume 10 of Plats, pages 97 and 98, records of Grays Harbor County;
EXCEPT that portion lying South of the North line of Lot 9, Krueger Estates, Division No. 2 extended West to the West line of said Tract A;
Situate in the County of Grays Harbor, State of Washington.
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.
III.
The default(s) for which this foreclosure is made is/are as follows:
A. Failure to pay when due the following amounts which are now in arrears and/or other defaults:
Principal (Fully Mature Loan):
$1,282,060.53
Interest to July 7, 2009:
$ 100,097.50
Late Charges:
$1,000.00
Total Arrearage $1,383,158.03
B. Default other than failure to make monthly payments: None
C. Trustee's Expenses
(Itemization)
Attorney's Fees $600.00
Title Report $3,123.37
Process Service $200.00
Photocopies $15.00
Statutory Mailings $150.00
Recording Fees $64.00
Toll Calls $0.00
Publication $0.00
Inspection Fees $0.00
Other $0.00
Total Costs $4,152.37
Total Amount Due: $1,387,310.40
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $1,282,060.53 together with interest as provided in the note or other instrument secured from the 24th day of June 2008 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 the 9th day of October, 2009. The default(s) referred to in paragraph III must be cured by the 28th day of September 2009 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the 28th day of September 2009 (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after the 28th day of September 2009 (11 days before the sale date), and before the sale by the Borrower, Grantor, any guarantor, 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 Trustee to the Borrower and Grantor at the following address(es):
16624 15th St. Ct. E.
Sumner, WA 98390
by both first class and certified mail on the 25th day of May 2009, proof of which is in the possession of the Trustee; and on June 9, 2009 the Borrower and Grantor were personally served with said written notice of default OR the written notice of default was posted on 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 objection to the 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.
The Trustee makes no representations or warranties concerning what interest in the real property described above is being sold. The Deed of Trust lien foreclosed may not be a first lien position, or there may be other prior encumbrances of title. The Trustee is not required to provide title information concerning this property. Any person interested in this foreclosure is encouraged to make his or her own investigation concerning the ownership of the property, and the position on title of the Deed of Trust being foreclosed. Any person interested in the foreclosure is also encouraged to consult an attorney, as the Trustee will not provide legal advice concerning the foreclosure. The Trustee does not provide information concerning the location of the debtors nor concerning the condition of the property, or whether there are any environmental or hazardous waste liabilities or problems connected with this property. Any person desiring title information, information concerning the physical condition of the property, information concerning any hazardous waste or environmental issues, or other information about the real property being foreclosed should obtain all such information independently.
XI.
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.
XII.
NOTICE TO GUARANTORS
Guarantor(s) of the obligation secured by this deed of trust: (1) may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less than the debt secured by the Deed of Trust; (2) have the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee's sale; (3) will have no right to redeem the property after the trustee's sale; (4) subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee's sale, or the last trustee's sale under any deed of trust granted to secure the same debt; and (5) in any action for a deficiency, the guarantor will have the right to establish the fair value of the property as of the date of the trustee's sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee's sale, plus interest and costs.
DATED: July 10, 2009
David R. Riley, Trustee
Weinstein & Riley, P.S.
2001 Western Avenue, Suite 400
Seattle, WA 98121
(206) 269-3490
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[DM1]Signature by PR is not necessary.
[DM2]Signature by PR is not necessary.
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