FERNDALE
LEGAL
NOTICE PUBLIC HEARING
The City of Ferndale Hearing Examiner will hold a 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 11:00 AM on Monday, August 26, 2019 in the Ferndale 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 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) 685-2368.
DATE OF NOTICE OF PUBLIC HEARING: August 14, 2019
APPLICANT: Baya PIP XV, LLC
APPLICANT’S AGENT: Ramon Llanos
APPLICATION NUMBER: 19003-PP, 16021-SE, 16008-SPR
DATE OF APPLICATION: July 15, 2019
PROJECT LOCATION: The project site is located at 0 Fourth Street, Parcel Number 390220 018032 0000.
PROJECT DESCRIPTION: The applicant is proposing to subdivide a 1.74-acre parcel located on Fourth Avenue between 5714 Fourth Avenue and 0 Main Street into 29 multi-family lots. As proposed, the project will contain 29 townhomes on individual parcels. The project includes right-of-way improvements per City road standards, storm facilities, roads and infrastructure necessary to service the developments, parking and landscaping. The project lies within the FEMA 100-year floodplain and will conform the City’s floodplain regulations.
REQUESTED ACTION(S): The applicant requests approval of a preliminary plat from the Hearing Examiner.
PUBLIC COMMENT PERIOD: August 14, 2019 – August 26, 2019
CONTACT:
Jesse Ashbaugh, Assistant Planner
Public Comments: [email protected]
Mail: P.O. Box 936 Ferndale, WA 98248
Phone: (360) 685-2368
City Hall: 2095 Main Street – second floor
Published August 14, 2019
LEGAL
NOTICE OF APPLICATION
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 and initiates the review process, no approvals have been granted at this time.
Pursuant to Section 14.15.030 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development application. The public and affected agencies are invited to comment on the proposed project, receive notice of and participate in hearings, to request a copy of the decision once made and the applicable appeal rights.
APPLICANT NAME: Love’s Travel Stops and Country Stores, Inc. – Kym Van Dyke
APPLICANT’S AGENT: Charlie Sievers, SCJ Alliance
APPLICATION NUMBER: 19014-SPR and 19004-CUP
DATE OF NOTICE OF APPLICATION: August 14, 2019
DATE OF APPLICATION: July 15, 2019
DATE OF COMPLETE APPLICATION: July 24, 2019
ASSOCIATED SEPA NUMBER (IF APPLICABLE): 19014-SE
PROJECT LOCATION/ADDRESS: The project site is located at 2240 Grandview Road, Parcel Number 390206 340063 0000
PROJECT DESCRIPTION: The applicant proposes construction of a travel center including store, fuel pumps, tire and lube facility, fast food drive-thru and truck scale.
REQUESTED ACTION(S): The applicant requests approval of a conditional use permit from the Hearing Examiner.
PUBLIC COMMENT PERIOD: August 14, 2019 – August 28, 2019
PUBLIC HEARING TO BE ADVERTISED IN THE FUTURE: Yes
CONTACT: Jesse Ashbaugh
Comments: [email protected]
Mail: P.O. Box 936 Ferndale, WA 98248
Phone: (360) 685-2368
City Hall: 2095 Main Street – second floor
Required permits and approvals include, but may not be limited to:
1. Conditional Use Permit, City of Ferndale
2. Site Plan Review Application, City of Ferndale
3. SEPA, City of Ferndale
4. Land Disturbance Permit, City of Ferndale
5. Building Permits, City of Ferndale
Published August 14, 2019
PUBLIC NOTICE
LEGAL
PUBLIC NOTICE
Sam Boulos, P.O. Box 189, 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, Pacific Industrial Park, is located at North of Pacific Industrial Park (between Admiral Pl & Smith Rd) in Ferndale in Whatcom County.
This project involves 5.2 acres of soil disturbance for commercial and utilities construction activities.
The receiving water(s) is Silver Creek.
Any persons desiring to present their views to the Washington State Department of Ecology regarding this application, or interested in Ecology’s action on this application, may notify Ecology in writing no later than 30 days 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
PO Box 47696
Olympia, WA 98504-7696
Published August 7 & 14, 2019
NOTICE OF TRUSTEE’S SALE
LEGAL
AMENDED NOTICE OF TRUSTEE’S SALE AFTER TERMINATION OF STAY
Grantor: CHERLYN POWELL AND JOHN FRANCIS PAULEY
Current Beneficiary of the deed of trust: UMPQUA BANK
Current Trustee of the deed of trust: CHICAGO TITLE
Current mortgage servicer of the deed of trust: UMPQUA BANK
Reference number of the deed of trust: 2017-1002852
Parcel number(s): 400522 335256 0000 PID 143151
NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee, NANCY K. CARY, will on August 23, 2019, at the hour of 11:00 a.m. at the front of the Rotunda, Whatcom County Courthouse, 311 Grand Ave., Bellingham, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property situated in the County of Whatcom, State of Washington, to-wit:
LOT 102, PEACEFUL VALLEY, DIVISION NO. 1, ACCORDING TO THE MAP THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGES 77, 78, 79, 80 AND 81, RECORDS OF WHATCOM COUNTY, WASHINGTON, SITUATE IN WHATCOM COUNTY, WASHINGTON which is subject to that certain Deed of Trust described as follows:
Dated: October 16, 2017
Recorded: October 25, 2017
Recording No.: 2017-1002852
Records of: Whatcom County, Washington
Trustee: CHICAGO TITLE
Successor Trustee: NANCY K. CARY
Beneficiary: UMPQUA BANK
Assigned From: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS)
Assignment Recorded as Recording No.: 2018-1202341
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.
The defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears: Monthly payments in the amount of $1,099.06 each, due the first of each month, for the months of February 2018 through July 2018; plus monthly payments at the new rate of $1,148.28 each, due the first of each month, for the months of August 2018 through June 2019; plus late charges in the amount of $43.94 each, assessed the sixteenth of each month, for the months of February 2018 through June 2019; plus advances; plus any unpaid real property taxes, plus interest.
The sum owing on the obligation secured by the Deed of Trust is: Principal balance of $180,801.19, together with interest as provided in the note or other instrument secured from January 1, 2018, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute.
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 August 23, 2019. The Default(s) referred to in paragraph III must be cured by August 12, 2019, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before August 12, 2019, the defaults 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 August 12, 2019, 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.
A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:
Cherlyn Powell
1021 Red Valley Lane
Maple Falls WA 98266
Cherlyn Powell
PO Box 4101
Everson WA 98247
John Francis Pauley
1021 Red Valley Lane
Maple Falls WA 98266
John Francis Pauley
PO Box 4101
Everson WA 98247
John Francis Pauley
PO Box 4101
Nooksack WA 98276
by both first class and certified mail on August 8, 2018, proof of which is in the possession of the Trustee; and Borrower and Grantor were personally served on August 14, 2018, with said written notice of default or the written notice of default was posted in a conspicuous place on the real property described in paragraph I above and the Trustee has possession of proof of such posting.
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.
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.
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.
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.
XI. BANKRUPTCY: The Grantor (John Francis Pauley “Mr. Pauley”) filed a Chapter 13 bankruptcy petition in the United States Bankruptcy Court for the Western District of Washington on May 1, 2019. Mr. Pauley failed to attend the Meeting of Creditors so the court dismissed Mr. Pauley’s bankruptcy case and the automatic stay was terminated.
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME
You have only 20 days from the recording date on this notice to pursue mediation.
DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help.
SEEKING ASSISTANCE
Housing Counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission, Telephone: 1-877-894-4663, Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm
The United States Department of Housing and Urban Development, Telephone: 1-800-569-4287, Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListActon=search&searchstate=WA&filterSvc=dfc
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys, Telephone: 1-800-606-4819, Web site: http://nwjustice.org/what-clear
DATED: July 1, 2019.
Nancy K. Cary
ADDRESS FOR SERVICE OF PROCESS: NANCY K. CARY, Successor Trustee
NANCY K. CARY, Trustee Hershner Hunter, LLP
Law Offices PO Box 1475
1223 Commercial Street Eugene OR 97440
Bellingham WA 98225 Telephone: (541) 686-8511
Telephone: (360) 715-1218
FAIR DEBT COLLECTION PRACTICES ACT NOTICE
This communication is from a debt collector.
Published July 24 & August 14, 2019
SERVICE BY PUBLICATION
LEGAL
SERVICE BY PUBLICATION
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
COURT CAUSE NO. 17-2-01621-3
ORDER OF SALE
ON REAL PROPERTY
SPECIALIZED LOAN SERVICING, LLC, a limited liability company,
Plaintiff(s),
vs.
KENNETH R. CARROL, an individual; ALL UNKNOWN HEIRS AND DEVISEES OF BEVERLY R. CARROL; STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES; DOES 1 through 10, inclusive, and ROES 1 through 10, inclusive,
Defendant(s).
TO: KENNETH R. CARROL, an individual; ALL UNKNOWN HEIRS AND DEVISEES OF BEVERLY R. CARROL; STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES; DOES 1 through 10, inclusive, and ROES 1 through 10, inclusive, Judgment Debtor(s),
TO WHATCOM COUNTY SHERIFF’S DEPARTMENT:
On August 30, 2018, SPECIALIZED LOAN SERVIING L.L.LC., a limited liablity company obtained an Order of Entry of Judgment in the Superior Court of Washington, County of Whatcom, against defendants KENNETH R. CARROL, an individual and ALL UNKNOWN HEIRS AN DDEVISEES OF BEVERLY R. CARROL (collectively “Defendants”).
It is ordered, adjudged, and decreed that the land and premises located at 4200 Valley Hwy( No 9), Deming, WA 98244 and legally described as follows:
PARCEL A:
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 5 EAST OF WILLAMETTE MERIDIAN;
SITUATED IN WHATCOM COUNTY, WASHINGTON
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE FOLLOWING DESCRIBED PROPERTY; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 5 EAST OF WILLAMETTE MERIDIAN; THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION 330 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SUBDIVISION WITH THE WEST LINE OF THE EL PASO NATURAL GAS PIEPELINE RIGHT OF WAY; THENCE WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION TO VALLEY HIGHWAY; THENCE NORTH 16 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF THE SAID EL PASO NATURAL GAS PIPELINE RIGHT OF WAY; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT 330 FEET SOUTH 16 FEET WEST OF THE POINT OF BEGINNING; THENCE NORTH OF THE NORTH LINE OF SAID SUBDIVISION; THENCE EAST 16 FEET TO THE POINT OF BEGINNING; SITUATED IN WHATCOM COUNTY, WASHINGTON.
PARCEL C:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 5 EAST OF WILLAMETTE MERIDIAN; EXCEPT THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THEREOF; ALSO EXCEPT THE WEST 800 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THEREOF; AND EXCEPT ROADS; SITUATED IN WHATCOM COUNTY.
TOGETHER WITH THAT CERTAIN MOBILE HOME, YEAR 1991, MAKE KIT, SIZE 60 X 28, VIN #R9277W19SN1344AB, WHICH IS AFFIXED HERETO AND MADE A PART THEREOF AND WHICH THE GRANTORS AGREE SHALL NOT BE SEVERED OR REMOVED THEREOFFROM
Whatcom County Assessor’s Tax Account Numbers:
380508360213000, 3805083602130001.
Commonly referred to as : 4200 Valley Hwy (No 9), Deming, WA 98244 referred to in the Judgment, be sold at public auction, as particularly set out in said Judgment.
The total amount due and owing on the Judgment through May 30, 2019 is $119,238.30 consisting of the following: the judgment amount of $98,736.94 principal and interest; $9,954.79 awarded for fees; $4,853.20 awarded for attorney’s fees and costs; plus additional pre-judgment interest accruing from June 01, 2018 through the date of entry of the Judgment on August 30, 2018, of $1,484.52 ($16.3134 per diem x 91 days); plus post-judgment interest accruing after September 14, 2018 at the rate of 7.50% per annum, of $4,208.85 ($16.3134 per diem x 258 days); pursuant to the Judgment, post-judgment amounts of advanced for attorneys’ fees, and costs for publication and Sheriff’s fees of an unknown amount.
It is ordered, adjudged, and decreed that the Sheriff is hereby authorized to make the return within 60 days after issuance by the court. For purposes of the sale, the Order may be automatically extended for 30 days, pursuant to RCW 6.21.050.
In the name of the State of Washington, you are hereby commanded and required to proceed to notice for sale and to sell the Subject Property, which is more particularly described in the Notice of Sale, and apply the proceeds of said said as in said Judgment and Decree directed, and to make and file your report of such sale with the Clerk of this Court, and do all things according to the terms and requirements of said Judgment, and the provisions of Washington Law.
Plaintiff agrees that no deficiency judgment shall be entered against Borrowers and that the Plaintiff is informed and believes the Subject Property is and has been abandoned for at least 6 months and therefore the provisions of RCW 6.12.093 are applicable and there is no period of redemption following the sale of the Subject Property.
WITNESS, the Honorable Leon F. Henley JR, Judge of the Whatcom County Superior Court and the seal of said Court, affixed thereof this 11th day of June, 2019.
THE SALE DATE has been set for Friday, August 23, 2019, 9:30 AM, at the Whatcom County Courthouse, Bellingham, Washington. YOU MAY HAVE A RIGHT TO EXEMPT PROPERTY from the sale under statutes of this state, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and 6.15.060 of the Revised Code of Washington, in the manner described in those statutes.
BILL J. ELFO, Sheriff
Whatcom County
By: SHAUNA BALDETTA, Civil Assistant
Published July 10, 17, 24 & 31 and August 7 & 14, 2019
SHERIFF’S PUBLIC NOTICE OF SALE
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
SHERIFF’S PUBLIC NOTICE OF SALE OF REAL PROPERTY
CAUSE NO. 17-2-01621-3
SPECIALIZED LOAN SERVICING L.L.C., a limited liability company,
Plaintiff(s),
vs
KENNETH R. CARROL, an individual; ALL UNKNOWN HEIRS AND DEVISEES OF BEVERLY R. CARROL; STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES; DOES 1 through 10, inclusive, and ROES 1 through 10, inclusive,
Defendant(s).
TO: KENNETH R. CARROL, an individual; ALL UNKNOWN HEIRS AND DEVISEES OF BEVERLY R. CARROL; STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES; DOES 1 through 10, inclusive, and ROES 1 through 10, inclusive, Judgment Debtor(s)
The Superior Court of Whatcom County has directed the undersigned Sheriff of Whatcom County to sell the property described below to satisfy a judgment in the above-entitled action:
COMMON STREET ADDRESS: 4200 VALLEY HWY, DEMING, WA 98244
FULL LEGAL DESCRIPTION:
PARCEL A: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 5 EAST OF WILLAMETTE MERIDIAN;
SITUATED IN WHATCOM COUNTY, WASHINGTON
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE FOLLOWING DESCRIBED PROPERTY; BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 5 EAST OF WILLAMETTE MERIDIAN; THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION 330 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SUBDIVISION WITH THE WEST LINE OF THE EL PASO NATURAL GAS PIEPELINE RIGHT OF WAY; THENCE WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION TO VALLEY HIGHWAY; THENCE NORTH 16 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF THE SAID EL PASO NATURAL GAS PIPELINE RIGHT OF WAY; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT 330 FEET SOUTH 16 FEET WEST OF THE POINT OF BEGINNING; THENCE NORTH OF THE NORTH LINE OF SAID SUBDIVISION; THENCE EAST 16 FEET TO THE POINT OF BEGINNING; SITUATED IN WHATCOM COUNTY, WASHINGTON.
PARCEL C:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 5 EAST OF WILLAMETTE MERIDIAN; EXCEPT THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THEREOF; ALSO EXCEPT THE WEST 800 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER THEREOF; AND EXCEPT ROADS; SITUATED IN WHATCOM COUNTY.
TOGETHER WITH THAT CERTAIN MOBILE HOME, YEAR 1991, MAKE KIT, SIZE 60 X 28, VIN #R9277W19SN1344AB, WHICH IS AFFIXED HERETO AND MADE A PART THEREOF AND WHICH THE GRANTORS AGREE SHALL NOT BE SEVERED OR REMOVED THEREOFFROM
TAX PARCEL NO. 380508 360213 0000; 380508 360213 0001
The sale of the above-described property is to take place:
DATE: Friday, August 23, 2019
TIME: 9:30 A.M.
PLACE: WHATCOM COUNTY COURTHOUSE, BELLINGHAM, WA
The judgment debtor can avoid the sale by paying the judgment amount of $119,238.30 together with interest, costs and fees before the sale date. For the exact amount, contact the Sheriff at the address stated below.
ATTORNEY:
ZIEVE, BRODNAX & STEELE, LLP
KINGSTON BOWEN
11335 NE 122ND, SUITE 105
KIRKLAND, WA 98034
206.209.0375
BILL J. ELFO, Sheriff
Whatcom County
By: SHAUNA BALDETTA, Civil Assistant
311 Grand Avenue
Bellingham, WA
(360) 778-6614
Published July 24 & 31 and August 7 & 14, 2019
