■ CITY OF FERNDALE
LEGAL
CITY OF FERNDALE
REQUEST FOR QUALIFICATIONS
FOR
WASHINGTON STREET PROJECT – MAIN TO VISTA
Design Engineering Services
The City of Ferndale is seeking qualification statements from Design Professional Engineering firms with experience providing Design Engineering Services for the Washington Street Project – Main to Vista.
A copy of the document that lists the requirements for submission of this RFQ may be obtained from the City’s website at http://www.cityofferndale.org/category/legal-notices/.
Submittals are due by 5:00 pm, Friday, April 22nd, 2016. Questions regarding this RFQ should be directed to Katy Radder, Public Works Project Manager.
The City of Ferndale is committed to providing equal opportunities to State of Washington certified Minority, Disadvantaged and Women’s Business Enterprises in contracting activities. (Section 4 of Chapter 56, Laws of 1975, 1st Ex. Sess. State of Washington.).
Published by Ferndale Record
April 6 and 13, 2016.
LEGAL
CITY OF FERNDALE
REQUEST FOR QUALIFICATIONS
FOR CONSOLIDATION OF CENTRAL CITY WATER ASSOCIATION PROJECT
INSPECTION AND ENGINEERING SERVICES
The City of Ferndale is seeking qualification statements from professional engineering firms with experience providing construction inspection and engineering services for the City of Ferndale’s Consolidation of Central City Water Association Project.
A copy of the document that lists the requirements for submission of this RFQ may be obtained from the City’s website at http://www.cityofferndale.org/category/legal-notices/
Submittals for the RFQ are due April 28th, by 5:00 PM. Questions regarding this RFQ should be directed to Katy Radder (360) 685-2377 or [email protected]
The City of Ferndale is committed to providing equal opportunities to State of Washington certified Minority, Disadvantaged and Women’s Business Enterprises in contracting activities. (Section 4 of Chapter 56, Laws of 1975, 1st Ex. Sess. State of Washington.).
Published by Ferndale Record
April 13 and 20, 2016.
LEGAL
NOTICE OF APPLICATION AND INTENT TO ISSUE DETERMINATION OF NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed amendment to the Ferndale Municipal Code within the city limits. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Determination of Non-Significance (DNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the city’s receipt of the development applications. This Notice of Application initiates the review process, which will include a public hearing. Notice of the public hearing will be issued separately. The public and affected agencies are invited to comment on the proposed amendment and receive copies of the subsequent Threshold Determination (the DNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
DATE OF NOTICE OF APPLICATION:
April 4, 2016
APPLICANT: City of Ferndale
APPLICATION NUMBER: 16010-SE
DATE OF APPLICATION: April 4, 2016
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The City of Ferndale proposes modifying the Commercial Zoning District (Ferndale Municipal Code 18.44), as follows:
Modify zoning text to reflect modifications made to other chapters, addressing inconsistent or vague definitions, and consolidating or repealing the use “matrix”. The proposed zoning text modification is to only provide clarity regarding existing policy and make the text more user-friendly.
REQUESTED ACTION(S):
Approval of Zoning Text Amendment to update City of Ferndale Municipal Code section 18.44 (Commercial Zoning Districts)
AS LEAD AGENCY THE CITY INTENDS TO ISSUE A:
Determination of Non-Significance (DNS)
PUBLIC COMMENT PERIOD: April 13, 2016 – April 27, 2016
CONTACT: Jori Burnett, Community Development Director
P.O. Box 936
Ferndale, WA 98248
(360) 384-4006
Required permits and approvals include, but may not be limited to:
SEPA Threshold Determination, City of Ferndale
Washington State Department of Commerce Review
Zoning Text Amendment, City of Ferndale (City Council)
Published by Ferndale Record
April 13, 2016.
LEGAL
NOTICE OF APPLICATION AND INTENT TO ISSUE DETERMINATION OF NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed amendment to the Ferndale Municipal Code within the city limits. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Determination of Non-Significance (DNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the city’s receipt of the development applications. This Notice of Application initiates the review process, which will include a public hearing. Notice of the public hearing will be issued separately. The public and affected agencies are invited to comment on the proposed amendment and receive copies of the subsequent Threshold Determination (the DNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
DATE OF NOTICE OF APPLICATION:
April 4, 2016
APPLICANT: City of Ferndale
APPLICATION NUMBER: DATE OF APPLICATION: April 4, 2016
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The City of Ferndale proposes modifying Ferndale Municipal Code 17.36 (Binding Site Plans) as follows: address expiration and extension periods for Specific Binding Site Plans.
REQUESTED ACTION(S):
Approval of Zoning Text Amendment to update City of Ferndale Municipal Code section 17.36 (Binding Site Plans)
AS LEAD AGENCY THE CITY INTENDS TO ISSUE A:
Determination of Non-Significance (DNS)
PUBLIC COMMENT PERIOD: April 13, 2016-April 27, 2016
CONTACT: Jori Burnett, Community Development Director
P.O. Box 936
Ferndale, WA 98248
(360) 384-4006
Required permits and approvals include, but may not be limited to:
SEPA Threshold Determination, City of Ferndale
Washington State Department of Commerce Review
Zoning Text Amendment, City of Ferndale (City Council)
Published by Ferndale Record
April 13, 2016.
LEGAL
NOTICE OF INTENT – CONSTRUCTION STORMWATER GENERAL PERMIT
City of Ferndale, Wendy LaRocque, PO Box 936 Ferndale, WA 98248, is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit.
The proposed project, WA St, Vista to 3rd, Improvement Project, is located at Washington Street from Vista Drive to 3rd Avenue (approximately 1000 feet) in Ferndale in Whatcom County.
This project involves 0.85 acres of soil disturbance for Road construction activities.
The receiving waterbody is Schell Ditch.
Any persons desiring to present their views to the Washington State Department of Ecology regarding this application, or interested in Ecology’s action on this application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II antidegradation requirements under WAC 173-201A-320.
Comments can be submitted to:
Department of Ecology
Attn: Water Quality Program, Construction Stormwater
P.O. Box 47696, Olympia, WA 98504-7696
Published by Ferndale Record
April 13 and 20, 2016.
LEGAL
NOTICE OF APPLICATION AND INTENT TO ISSUE A MITIGATED DETERMINATION OF
NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewe¬¬¬d a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: City of Ferndale – Public Works Department
APPLICATION NUMBER: 16011-SE
DATE OF APPLICATION: April 4, 2016
PROJECT LOCATION: The project area is located on Washington Street, starting at Vista Drive, extending approximately 1000 feet to east to the BNSF Railroad tracks, located in Township 39 North, Range 2 East, Section 20 in the 5700 address block of Ferndale, Washington.
PROJECT DESCRIPTION: The project work includes repair and overlay existing road, installation of new curb, gutter, and sidewalk on both sides of the street, installation of a new storm drain system, and installation approximately 700 feet of water main.
The project is scheduled for construction from June – October, 2016.
Approximately 2,300 cubic yards of material will be excavated for roadway repair and water main and storm drain trenches. Approximately 1,300 cubic yards gravel base fill; 500 cubic yards pipe zone fill; 600 cubic yards HMA fill. Fill will come from WSDOT or Ferndale approved pits.
REQUESTED ACTION(S):
The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A: Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD: April 13 – April 27, 2016
CONTACT: Jori Burnett
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment, mitigation measures will be covered through the City of Ferndale regulations and review process.
In addition to compliance with current City regulations, the following mitigation measures were identified relative to the proposed project:
EARTH:
An erosion control plan will be in place throughout the construction period. Best Management Practices identified in the latest adopted version of the Washington State Department of Ecology Stormwater Management Manual will be used to assure the erosion and sediment control are controlled.
AIR:
Erosion and sediment control best management practices will be used during construction. Equipment will be maintained to limit emissions. Spraying the disturbed soil with water will limit the amount of dust. Spray will be limited to reduce runoff.
WATER:
Surface water impacts during construction will be minimized through the enforcement of temporary erosion and sedimentation control measures outlined in the Spill Prevention, Control, and Countermeasures Plan.
Best Management Practices will be installed to prevent pollutants from entering downstream tributaries.
A National Pollution Discharge Elimination System Permit is required for this project.
PLANT:
Upon completion of the project, all disturbed soils will be hydro-seeded and replanted with suitable and similar vegetation.
NOISE:
Contractor will only be allowed to work during daytime working hours.
AESTHETICS:
Roadway and land disturbed as a result of the water main installation will be replaced & repaired with similar materials.
CULTURAL RESOURCES:
Should archaeological materials (e.g. shell midden, faunal remains, stone tools) or human remains be observed during project activities, all work in the immediate vicinity shall stop, and the area shall be secured. The contractor/owner shall contact the state Department of Archaeology and Historic Preservation (DAHP) at 360-586-3065, the Lummi Nation Tribal Historic Preservation Office (LNTHPO) at 360-384-2298, and the Nooksack Tribe at 360-592-9065 in order to help assess the situation and determine how to preserve the resource(s). In the event that the find includes human remains the Ferndale Police Department shall be called immediately at 360-384-3390. Regarding ancient human remains, the LNTHPO will contact the appropriate tribal repatriation specialists. Compliance with all applicable laws pertaining to archaeological resources is required.
Published by Ferndale Record
April 13, 2016.
LEGAL
CITY OF FERNDALE
REQUEST FOR QUALIFICATIONS
FOR
WASHINGTON STREET, VISTA DRIVE TO THIRD AVENUE PROJECT
CONSTRUCTION ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES
The City of Ferndale is seeking qualification statements from professional engineering firms with experience providing construction inspection and engineering services for the City of Ferndale’s Washington Street, Vista Drive to Third Avenue Project.
A copy of the document that lists the requirements for submission of this RFQ may be obtained from the City’s website at http://www.cityofferndale.org/category/legal-notices/
Submittals for the RFQ are due by 5:00 PM, Thursday, April 28. Questions regarding this RFQ should be directed to Katy Radder (360) 685-2377 or [email protected]
The City of Ferndale is committed to providing equal opportunities to State of Washington certified Minority, Disadvantaged and Women’s Business Enterprises in contracting activities. (Section 4 of Chapter 56, Laws of 1975, 1st Ex. Sess. State of Washington.).
Published by Ferndale Record
April 13 and 20, 2016.
LEGAL
NOTICE OF OPEN RECORD
PUBLIC HEARING
The City of Ferndale Hearing Examiner will hold an Open Record public hearing to consider the proposed development project described below. Pursuant to Section 14.15.050 of the Ferndale Municipal Code the following notice is provided to inform the community of the pending hearing.
The Hearing Examiner meeting will be held beginning at 11AM on Monday, April 25, 2016 in the Main Conference Room at City Hall, 2095 Main Street in Ferndale. Any interested party is invited to attend the public hearing and offer testimony, or submit comments in writing to the Hearing Examiner. Written comments should be submitted by 5:00 p.m. on the date preceding the meeting. For information concerning this application or the public hearing please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2367.
DATE OF NOTICE OF PUBLIC HEARING:
April 13, 2016
PUBLIC HEARING DATE: April 25, 2016
APPLICANT:
City of Ferndale – Community Development Department
APPLICATION NUMBERS: 16001-SH
PROJECT LOCATION: 5475 Ferndale Road. Assessor Tax Parcel # 390230434203. The project site is located within Pioneer Park, immediately south of the Pioneer Park cabins and stage. The site is west of Ferndale Road and the Nooksack River.
PROJECT DESCRIPTION:
The City of Ferndale proposes to development Star Park, a 12,000 square foot playground designed by local school children and featuring playground elements for children of various ages and physical abilities. The playground will be built by the Ferndale community in Summer 2016.
Fill and grade activities proposed for the subdivision are as follows:
REQUESTED ACTION(S):
The applicant requests approval of the shoreline substantial development permit application from the Hearing Examiner.
PUBLIC COMMENT PERIOD: April 13 – 25, 2016
CONTACT: Haylie Miller, Assistant Planner
Mail: P.O. Box 936 Ferndale, WA 98248
Phone: (360) 685 -2368
City Hall: 2095 Main Street – second floor
Published by Ferndale Record
April 13, 2016.
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale Planning Commission will hold a public hearing to consider the proposed zoning text amendments described below. Pursuant to Section 14.15.050 of the Ferndale Municipal Code the following notice is provided to inform the community of the pending hearing.
The Planning Commission meeting will be held beginning at 7:00 p.m. on Wednesday, April 27, 2016 in the Council Chambers at the Ferndale City Hall Annex located at 5694 Second Avenue in Ferndale. Any interested party is invited to attend the public hearing and offer testimony, or submit comments in writing to the Planning Commission. Written comments should be submitted by 5:00 p.m. on the date preceding the meeting. For information concerning this notice please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2367.
DATE OF NOTICE: April 13, 2016
APPLICANT: City of Ferndale
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: Economic Development Element of the Ferndale Comprehensive Plan. The Ferndale Planning Commission will hold a public hearing to consider the Economic Development Element of the Ferndale Comprehensive Plan. The element is a requirement of the Washington State Growth Management Act.
REQUESTED ACTION(S): The City of Ferndale requests approval of an amendment to the Ferndale Comprehensive Plan
PUBLIC COMMENT PERIOD: April 13, 2016 – April 27, 2016
CONTACT: Jori Burnett, Community Development Director
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Published by Ferndale Record
April 13, 2016.
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale City Council will hold a public hearing to consider the proposed zoning text amendments described below. Pursuant to Section 14.15.050 of the Ferndale Municipal Code the following notice is provided to inform the community of the pending hearing.
The City Council meeting will be held beginning at 6:00 p.m. on Monday, May 2, 2016 in the Council Chambers at the Ferndale City Hall Annex located at 5694 Second Avenue in Ferndale. Any interested party is invited to attend the public hearing and offer testimony, or submit comments in writing to the City Council. Written comments should be submitted by 5:00 p.m. on the date preceding the meeting. For information concerning this notice please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2367.
DATE OF NOTICE: April 13, 2016
APPLICANT: City of Ferndale
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: Consider modifications to Ferndale Municipal Code 17.36 (Binding Site Plans) in order to allow for extensions to Specific Binding Site Plans.
Consider modifications to Ferndale Municipal Code 18.44 (Commercial Zoning Districts), removing use and dimensional matrixes, clarifying definitions for public agencies and public facilities.
REQUESTED ACTION(S): The City of Ferndale requests approval of amendments to the Ferndale Municipal Code.
PUBLIC COMMENT PERIOD: April 13, 2016 – May 2, 2016
CONTACT: Jori Burnett, Community Development Director
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Published by Ferndale Record
April 13, 2016.
■ PUBLIC NOTICE
LEGAL
NOTICE OF APPLICATION AND
INTENT TO ISSUE A MITIGATED
DETERMINATION OF
NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: Unity Care Northwest – Ferndale Clinic
APPLICATION NUMBER: 16005-SE
DATE OF APPLICATION: February 12, 2016
PROJECT LOCATION: The project site is located on the east side of Portal Way, addressed as 6044 Portal Way, parcel number 390220315473, Lot B of the Crown Court LLA, in Ferndale, Washington.
PROJECT DESCRIPTION: The applicant proposes to construct a 23,800 square foot affordable health clinic on a vacant lot,
The proposal consists of a new 23,000 square foot commercial building, two parking lots, and site improvements including access, utility extensions, and landscaping.
Fill and grade activities proposed for the project is approximately 10,000 cubic yards. This exceeds the minimum threshold of 1,000 cubic yards of fill and grade – therefore a SEPA review is required.
The project proposes over 90 parking stalls (the minimum threshold) therefore a SEPA review is required.
REQUESTED ACTION(S):
The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A: Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD: April 6 – April 20, 2016
CONTACT: Haylie Miller
P.O. Box 936
Ferndale, WA 98248
(360) 685-2368
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Land Disturbance Permit, City of Ferndale
3. Commercial Building Permit, City of Ferndale
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment, mitigation measures will be covered through the City of Ferndale regulations and review process.
In addition to compliance with current City regulations, the following mitigation measures were identified relative to the proposed project:
EARTH:
During construction, the contractor will install and maintain erosion and sediment control Best Management Practices as needed to control erosion. After construction, the site will be stabilized by permanent storm water management facilities and landscape areas.
The on-site wetland mitigation area will be maintained.
AIR:
Erosion and sediment control best management practices will be used during construction. Equipment will be maintained to limit emissions. Spraying the disturbed soil with water will limit the amount of dust. Spray will be limited to reduce runoff.
WATER:
Surface water impacts during construction will be minimized through the enforcement of temporary erosion and sedimentation control measures outlined in the SPCC Plan until the site is fully stabilized.
After construction, the site will be stabilized by permanent stormwater management facilities and landscaped areas.
The applicant proposes the use of an on-site exempt well or re-use of rainwater to be used in the toilets within the building. The City will require further documentation to determine if either approach can be approved. The applicant must specifically show that sensitive areas on site are maintained, and that cross connection and treatment plant impacts are mitigated accordingly.
PLANT:
Vegetation associated with the wetlands or wetland buffers on site will be maintained in accordance to the City’s Critical Areas Ordinance.
During construction the wetland and buffer areas will be clearly marked, and no disturbance shall occur in those areas.
New, native landscaping will be planted in other areas of the site.
NOISE:
Contractor will only be allowed to work during daytime working hours.
AESTHETICS:
The completed site and building shall comply with the City’s Non-Retail Design Guidelines.
TRAFFIC:
Traffic control, or haul routes (if applicable) shall be coordinated through the Public Works Department.
Compliance with City traffic concurrency is required. Payment of traffic impact fees and installation of street frontage improvements is required.
Unity Care will support the City of Ferndale in efforts to improve transit service to this area.
CULTURAL RESOURCES:
Should archaeological materials (e.g. shell midden, faunal remains, stone tools) or human remains be observed during project activities, all work in the immediate vicinity shall stop, and the area shall be secured. The contractor/owner shall contact the state Department of Archaeology and Historic Preservation (DAHP) at 360-586-3065, the Lummi Nation Tribal Historic Preservation Office (LNTHPO) at 360-384-2298, and the Nooksack Tribe at 360-592-9065 in order to help assess the situation and determine how to preserve the resource(s). In the event that the find includes human remains the Ferndale Police Department shall be called immediately at 360-384-3390. Regarding ancient human remains, the LNTHPO will contact the appropriate tribal repatriation specialists. Compliance with all applicable laws pertaining to archaeological resources is required.
Published by Ferndale Record
April 13, 2016.
■ NOTICE TO CREDITORS
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
In re the Matter and Estate of:
COLLEEN ANN EBRIGHT,
Deceased. No. 16-4-00200-9
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 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 the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of Filing Notice to Creditors: March 30, 2016
Date of first publication: April 6, 2016
Brett Jay Ebright, Personal Representative
Presented by:
Law Offices of Roger L. Ellingson, P.S.
Roger L. Ellingson, WSBA #19292
Attorney for Personal Representative
PO Box 1258 / 289 H Street
Blaine, WA 98231-1258
(360) 332-7000; Fax: (360) 332-6677
Published by Ferndale Record
April 6,13, and 20, 2016.
LEGAL
THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
In Re the Estate of:
Judy L. Hayes,
Deceased.
No. RCW 11.40.030
PROBATE NOTICE TO CREDITORS
Date of Death: 12-15-15
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 the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of first publication: April 13, 2016.
Glenn Allan Hoekstra John Kenneth Hayes
Personal Representative Personal Representative
Attorney for Personal Representative:
Gregory E. Thulin, WSBA #21752
Law Offices of Gregory E. Thulin
2200 Rimland Drive, Suite 115
Bellingham, WA 98226-6639
Phone: 360-714-8599
Court of probate proceedings & cause number:
Whatcom County Superior Court
311 Grand Avenue
Bellingham, WA 98225
Cause No. 16-4-00160-6
Published by Ferndale Record
April 13, 20 and 27, 2016.
■ TRUSTEE’S SALE
LEGAL
File No.: Trustee: 7835.20291 Northwest Trustee Services, Inc. Grantors: Robert J. Dozark, who also appears of record as Robert Dozark, as his separate estate Grantee: U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee Ref to DOT Auditor File No.: 2051103943 Tax Parcel ID No.: 142767/400522-200412-0000 Abbreviated Legal: LOT 48, BLK 3, PARADISE LAKES COUNTRY CLUB, DIV 7, VOL 10, PG 60, WHATCOM COUNTY, WA Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME You have only 20 DAYS from the recording date of this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission Telephone: Toll-free: 1-877-894-HOME (1-877-894-4663). Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: Toll-free: 1-800-569-4287. Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: Toll-free: 1-800-606-4819. Web site: http://nwjustice.org/what-clear.
I.
On April 22, 2016, at 10:00 AM. inside the main lobby of the Whatcom County Courthouse, 311 Grand Avenue in the City of Bellingham, 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 WHATCOM, State of Washington: Lot 48, Block 3, Paradise Lakes Country Club, Division No. 7, as per the Map thereof, recorded in Volume 10 of Plats, Pages 60 through 62, in the Auditor’s office of Whatcom County, Washington. Situate in Whatcom County, Washington Commonly known as: 6247 Chestnut Drive Maple Falls, WA 98266 which is subject to that certain Deed of Trust dated 11/18/05, recorded on 11/22/05, under Auditor’s File No. 2051103943, records of WHATCOM County, Washington, from Robert J. Dozark, a single man, as Grantor, to Stewart Title, as Trustee, to secure an obligation “Obligation” in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for American Home Mortgage, as Beneficiary, the beneficial interest in which was assigned by U.S. BANK NATIONAL ASSOCIATION, as trustee for the SROF-2013-S3 REMIC Trust II to U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee, under an Assignment/Successive Assignments recorded under Auditor’s File No. 2150702546. *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 secured by the Deed of Trust.
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 as of 12/22/2015. If reinstating after this date, please contact NWTS for the exact reinstatement amount. Monthly Payments $33,162.41 Late Charges $0.00 Lender’s Fees & Costs $4,164.03 Total Arrearage $37,326.44 Trustee’s Expenses (Itemization) Trustee’s Fee $1,350.00 Title Report $624.15 Statutory Mailings $208.00 Recording Costs $163.00 Postings $80.00 Sale Costs $0.00 Total Costs $2,425.15 Total Amount Due: $39,751.59 Other known defaults as follows:
IV.
The sum owing on the Obligation is: Principal Balance of $109,120.49, together with interest as provided in the note or other instrument evidencing the Obligation from 01/01/12, 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 April 22, 2016. 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 04/11/16 (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 04/11/16 (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 04/11/16 (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, 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): NAME AND ADDRESS Robert J. Dozark aka Robert Dozark 6247 Chestnut Drive Maple Hills, WA 98266 Robert J. Dozark aka Robert Dozark 1454 Mount Baker Highway Bellingham, WA 98226 Robert J. Dozark aka Robert Dozark 23 Marigold Drive Bellingham, WA 98229 Nicole D. Hall 6247 Chestnut Drive Maple Hills, WA 98266 Nicole D. Hall 1454 Mount Baker Highway Bellingham, WA 98226 Nicole D. Hall 23 Marigold Drive Bellingham, WA 98229 Unknown Spouse and/or Domestic Partner of of Robert J. Dozark aka Robert Dozark 6247 Chestnut Drive Maple Falls, WA 98266 Unknown Spouse and/or Domestic Partner of of Robert J. Dozark aka Robert Dozark 1454 Mount Baker Highway Bellingham, WA 98226 Unknown Spouse and/or Domestic Partner of of Robert J. Dozark aka Robert Dozark 23 Marigold Drive Bellingham, WA 98229 Unknown Spouse and/or Domestic Partner of of Nicole D. Hall 6247 Chestnut Drive Maple Falls, WA 98266 Unknown Spouse and/or Domestic Partner of of Nicole D. Hall 1454 Mount Baker Highway Bellingham, WA 98226 Unknown Spouse and/or Domestic Partner of of Nicole D. Hall 23 Marigold Drive Bellingham, WA 98229 by both first class and certified mail, return receipt requested on 08/30/13, proof of which is in the possession of the Trustee; and on 08/30/13 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 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 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. Date Executed: Northwest Trustee Services, Inc., Trustee Authorized Signature 13555 SE 36th St. Suite 100 Bellevue, WA 98006 Contact: Vonnie McElligott (425) 586-1900. Dozark, Robert J. (TS# 7835.20291) 1002.284681-File No.
Published by Ferndale Record
March 23 and April 13, 2016.
LEGAL
TS No WA08000664-15-1-FT APN 3804060335160000 TO No 120308954 NOTICE OF TRUSTEE’S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ.
I.
NOTICE IS HEREBY GIVEN that on May 13, 2016, 10:00 AM, at main entrance Whatcom County Courthouse, 311 Grand Avenue, Bellingham, WA, MTC Financial Inc. dba Trustee Corps, the undersigned Trustee, will 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 Whatcom, State of Washington, to-wit: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 38 NORTH, RANGE 4 EAST OF W.M., EXCEPTING THEREFROM THAT PORTION CONVEYED TO WHATCOM COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 12, 1949, UNDER AUDITOR`S FILE NO. 680723, AND EXCEPT RIGHT-OF-WAY FOR KELLY ROAD ALONG THE NORTH LINE THEREOF AND MISSION ROAD ALONG THE WEST LINE THEREOF. SITUATE IN WHATCOM COUNTY, WASHINGTON. A PARTIAL RECONVEYANCE OF SAID DEED OF TRUST WAS RECORDED 05/06/2008 AS INSTRUMENT NO. 2080500706 OF OFFICIAL RECORDS OF SAID COUNTY. SAID LAND IS ALSO/NOW KNOWN AS: LOT 1, TORREY SHORT PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED 10/22/2007, UNDER AUDITOR`S FILE NO. 2071003002, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATED IN WHATCOM COUNTY, WASHINGTON. APN: 3804060335160000 More commonly known as 2513 EAST KELLEY ROAD, BELLINGHAM, WA 98226 which is subject to that certain Deed of Trust dated as of June 16, 2006, executed by YVONNE M TORREY as Trustor(s), to secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), as designated nominee for THE LENDING GROUP, INC., Beneficiary of the security instrument, its successors and assigns, recorded June 28, 2006 as Instrument No. 2060604988 and the beneficial interest was assigned to U.S. Bank Trust, N.A. as Trustee for LSF8 Master Participation Trust and recorded October 3, 2013 as Instrument Number 2131000392 of official records in the Office of the Recorder of Whatcom County, Washington.
II.
No action commenced by U.S. Bank Trust, N.A. as Trustee for LSF8 Master Participation Trust, the current Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers’ or Grantors’ default on the obligation secured by the Deed of Trust/Mortgage. Current Beneficiary: U.S. Bank Trust, N.A. as Trustee for LSF8 Master Participation Trust Contact Phone No: 800-401-6587 Address: 13801 Wireless Way, Oklahoma City, OK 73134
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: DELINQUENT PAYMENT INFORMATION From June 1, 2011 To January 7, 2016 Number of Payments 56 $2,508.28 Total $140,463.68 LATE CHARGE INFORMATION June 1, 2011 January 7, 2016 $198.99 PROMISSORY NOTE INFORMATION Note Dated: June 16, 2006 Note Amount: $496,850.00 Interest Paid To: May 1, 2011 Next Due Date: June 1, 2011
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $441,453.80, together with interest as provided in the Note or other instrument secured, 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, expressed or implied, regarding title, possession or encumbrances on May 13, 2016. The defaults referred to in Paragraph III must be cured by May 2, 2016, (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 May 2, 2016 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustees’ fees and costs are paid. Payment must be in cash or with cashiers’ or certified checks from a State or federally chartered bank. The sale may be terminated any time after the May 2, 2016 (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 current Beneficiary, U.S. Bank Trust, N.A. as Trustee for LSF8 Master Participation Trust or Trustee to the Borrower and Grantor at the following address(es): ADDRESS CURRENT OCCUPANT 2513 EAST KELLEY ROAD, BELLINGHAM, WA 98226UNKNOWN SPOUSE OF YVONNE M. TORREY AKA YVONNE TORREY 2513 EAST KELLEY ROAD, BELLINGHAM, WA 98226UNKNOWN SPOUSE OF YVONNE M. TORREY AKA YVONNE TORREY C/O BRADLEY D. SWANSON, BELCHER SWANSON LAW FIRM, P.L.L.C., 900 DUPONT STREET, BELLINGHAM, WA 98225-3105UNKNOWN SPOUSE OF YVONNE M. TORREY AKA YVONNE TORREY P.O.BOX 29416, BELLINGHAM, WA 98228-1416YVONNE M. TORREY AKA YVONNE TORREY 2513 EAST KELLEY ROAD, BELLINGHAM, WA 98226YVONNE M. TORREY AKA YVONNE TORREY C/O BRADLEY D. SWANSON BELCHER SWANSON LAW FIRM, P.L.L.C., 900 DUPONT STREET, BELLINGHAM, WA 98225-3105YVONNE M. TORREY AKA YVONNE TORREY P.O.BOX 29416, BELLINGHAM, WA 98228-1416 by both first class and certified mail on November 11, 2015, 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 Trustees’ Sale.
X.
If the Borrower received a letter under RCW 61.24.031: THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date on this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you might eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Telephone: (877) 894-4663 or (800) 606-4819 Website: www.wshfc.org The United States Department of Housing and Urban Development: Telephone: (800) 569-4287 Website: www.hud.gov The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: (800) 606-4819 Website: www.homeownership.wa.gov 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 the Unlawful Detainer Act, Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060; Dated: January 7, 2016 MTC Financial Inc. dba Trustee Corps, as Duly Appointed Successor Trustee By: Jessica Cimarusti, Authorized Signatory MTC Financial Inc. dba Trustee Corps 1700 Seventh Avenue, Suite 2100 Seattle WA 98101 Phone: (800) 409-7530 TDD: (800) 833-6388 For Reinstatement/Pay Off Quotes, contact MTC Financial Inc. DBA Trustee Corps TRUSTEE’S SALE INFORMATION CAN BE OBTAINED ONLINE AT www.insourcelogic.com. Order No. WA15-002014-2, Pub Dates 04/13/2016, 05/04/2016
Published by Ferndale Record
April 13 and May 4, 2016.
