FERNDALE
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale City Council will hold a public hearing to consider the proposed street vacation request 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, March 16, 2020 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 Public Works Department located at 2095 Main Street in Ferndale, (360) 384-4006.
DATE OF NOTICE: February 19, 2020
APPLICANT: David Braithwaite
PROJECT LOCATION: A portion of Right-of-Way located between Main Street and Alder Street:
A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND GOVERNMENT LOT 3 OF SECTION 29, TOWNSHIP 39 NORTH, RANGE 2 EAST, W.M., DESCRIBED AS:
COMMENCING AT THE WESTERN CORNER OF BLOCK 2 OF THE AMENDED PLAT OF FERNDALE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 5 OF PLATS, PAGE 4, AUDITOR’S FILE NUMBER 26196, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 31°39’02” WEST ALONG THE EXTENSION OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF FIRST AVENUE A DISTANCE OF 22.00 FEET; THENCE SOUTH 58°18’05” EAST PARALLEL WITH THE EXISTING RIGHT-OF-WAY FOR ALDER STREET (FORMERLY PLATTED AS MAIN STREET) A DISTANCE OF 252.00 FEET; THENCE NORTH 31°39’02” EAST PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID BLOCK 2 A DISTANCE OF 172.14 FEET; THENCE NORTH 58°19’44” WEST A DISTANCE OF 2.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID BLOCK 2; THENCE SOUTH 31°39’02” WEST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 150.14 FEET TO THE SOUTHERN CORNER OF SAID BLOCK 2; THENCE NORTH 58°18’05” WEST A DISTANCE OF 100.00 FEET TO THE WESTERN CORNER OF LOT 20 OF SAID BLOCK 2; THENCE NORTH 31°39’02” EAST ALONG THE PLATTED ALLEY OF BLOCK 2 A DISTANCE OF 250.16 FEET TO THE NORTHERN CORNER OF LOT 11 OF SAID BLOCK 2; THENCE NORTH 58°20’50” WEST ALONG THE NORTHEASTERLY LINE OF SAID BLOCK 2 A DISTANCE OF 20.00 FEET TO THE EASTERN CORNER OF LOT 21 OF SAID BLOCK 2; THENCE SOUTH 31°39’02” WEST ALONG THE PLATTED ALLEY OF BLOCK 2 A DISTANCE OF 250.14 FEET TO THE SOUTHERN CORNER OF LOT 39 OF SAID BLOCK 2; THENCE NORTH 58°18’05” WEST ALONG THE SOUTHWESTERLY LINE OF BLOCK 2 A DISTANCE OF 130.00 FEET TO THE POINT OF BEGINNING.
A portion of City property located between Main Street and Alder Street:
A TRACT OF LAND IN GOVERNMENT LOT 3 OF SECTION 29, TOWNSHIP 39 NORTH, RANGE 2 EAST, W.M., DESCRIBED AS:
COMMENCING AT THE WESTERN CORNER OF LOT 21, BLOCK 2 OF THE AMENDED PLAT OF FERNDALE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 5 OF PLATS, PAGE 4, AUDITOR’S FILE NUMBER 26196, THE POINT OF BEGINNING; THENCE SOUTH 58°20’58” EAST ALONG THE NORTHEASTERLY LINE OF SAID BLOCK 2 A DISTANCE OF 2.00 FEET; THENCE SOUTH 31°39’02” WEST PARALLEL WITH THE PLATTED ALLEY OF SAID BLOCK 2 A DISTANCE OF 100.06 FEET TO A POINT ON THE NORTHEASTERLY LINE OF LOT 15 OF SAID BLOCK 2; THENCE SOUTH 58°19’44” EAST ALONG SAID NORTHEASTERLY LINE A DISTANCE OF 98.00 FEET TO THE EASTERN CORNER OF SAID LOT 15; THENCE SOUTH 31°39’02” WEST ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 2 A DISTANCE OF 25.02 FEET TO THE SOUTHERN CORNER OF SAID LOT 15, BLOCK 2; THENCE NORTH 58°19’27” WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 15, BLOCK 2, A DISTANCE OF 42.00 FEET; THENCE SOUTH 31°39’02” WEST A DISTANCE OF 39.00 FEET; THENCE NORTH 58°19’27” WEST A DISTANCE OF 58.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LOT 17 OF SAID BLOCK 2; THENCE NORTH 31°39’02” EAST ALONG THE PLATTED ALLEY OF SAID BLOCK 2 A DISTANCE OF 164.08 FEET TO THE POINT OF BEGINNING.
PROJECT DESCRIPTION: The Ferndale City Council will hold a public hearing to consider a vacation request from David Braithwaite. The proposed vacation would vacate a portion of Right-of-Way located between Main Street and Alder Street, which is approximately 10,847 square feet and a portion of City property located between Main Street and Alder Street, which is approximately 4,964 square feet.
Pursuant to RCW 35.79.010, on February 18, 2020 the City Council adopted a resolution fixing March 16, 2020 as the date for a public hearing. This notice provides official public notice of this hearing.
REQUESTED ACTION(S): The applicant (David Braithwaite) requests the approval for the City to vacate the public’s rights to the right of way and property at these locations.
PUBLIC COMMENT PERIOD: February 19, 2020 – March 16, 2020 at 5:00pm
CONTACT:
Kevin Renz, Public Works Director
City of Ferndale P.O. Box 936 Ferndale, WA 98248
(360) 685-2376
Published February 19 & 26, 2020
LEGAL
Ordinances of the City Council of the City of Ferndale, Washington, passed at the Council meeting of February 18, 2020
Ordinance #2130
An ordinance extending the Downtown Catalyst Program deadline
Ordinance #2131
An ordinance amending the city sign code
Full texts of the above document(s) are available at Ferndale City Hall, posted on the City’s website (www.cityofferndale.org) or will be mailed upon request
Susan Duncan, City Clerk
Published February 19, 2020
PUBLIC NOTICE
LEGAL
Public Notice:
Brown & Kysar, Inc., Thomas Pankau, 1315 SE Grace Ave Ste 201 Battle Ground, WA 98604-8487, is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit.
The proposed project, Pump Station No. 1 Substation, is located at 5431 Ferndale Rd in Ferndale in Whatcom county.
This project involves 3.69 acres of soil disturbance for Industrial, Utilities construction activities.
The receiving waterbody is Tosco Sports Complex Mitigated Wetlands.
Any persons desiring to present their views to the Washington State Department of Ecology regarding this Application, or interested in Ecology’s action on this Application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II anti-degradation requirements under WAC 173-201A-320.
Comments can be submitted to:
Department of Ecology
Attn: Water Quality Program, Construction Stormwater
P.O. Box 47696, Olympia, WA 98504-7696
Published February 12 & 19, 2020
LEGAL
In the district court of the State of Washington for the County of Whatcom. Randall L. Parten, Plaintiff vs. Sean Keating, Randolph Cherewick, Bellhaven Inc. Case No: SC-19-0338, to be heard in the said court on 16 April, 2020 at 9:00 AM. The State of Washington to the said Sean Keating; Randolph Cherewick; Bellhaven, Inc.
As authorized by said court on 6, February 2020, you are hereby summoned to appear within 60 days after the date of the first publication of this summons, to wit, sixty days after the 12th day of February, 2020, and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff, Randall L. Parten, and serve a copy of your answer upon the Plaintiff, and the above mentioned court clerk; and in case of your failure so to do, judgment will be rendered against you according to the demand of the Plaintiff, which has been filed with the clerk of said court.
On December 18, 2020, damages became due for alleged Contract Fraud in the form of Fraudulent Inducement in the form of Fraudulent Misrepresentation, and Lost Wages.
Plaintiff: Randall L. Parten
229 Marine Dr
Blaine, WA 98230
Court Clerk: District Court Clerk
Whatcom County Court House
311 Grant Ave. #401
Bellingham, WA 98225
Published February 12, 19, 26 and March 4, 11, 18, 2020
LEGAL
Recycle and Disposal Services, Inc., Pete Edwards, 4916 Labounty Drive, Ferndale, WA 98248-8915, is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit.
The proposed project, Recycle and Disposal Services, Inc. Waste Transfer Station, is located at 4930 Labounty Drive in Ferndale, Washington in Whatcom County.
This project involves 1 acres of soil disturbance for industrial construction activities.
All discharges and runoff goes to ground water.
Any persons desiring to present their views to the Washington State Department of Ecology regarding this Application, or interested in Ecology’s action on this Application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II anti-degradation requirements under WAC 173-201A-320.
Comments can be submitted to:
Department of Ecology
Attn: Water Quality Program, Construction Stormwater
P.O. Box 47696, Olympia, WA 98504-7696
Published February 19 & 26, 2020
PROBATE NOTICE TO CREDITORS
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM Estate of RUTH CREECH PYREN, Deceased No. 20-4-00079-37 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 at the address stated below a copy of the claim and filing the original of the claim with the court. The claim must be presented within the later of: thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(3); or four months after the date of the 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 non-probate assets. DATE OF FIRST PUBLICATION: February 19, 2020 Personal Representative: ONA REBECCA CRIDER PO Box 2125 Bellingham, WA 98225
Published February 19 & 26 and March 4, 2020
NOTICE OF TRUSTEE’S SALE
LEGAL
NOTICE OF TRUSTEE’S SALE
Pursuant to the Revised Code of Washington 61.24, et seq.108 1st Ave South, Suite 202 Seattle, WA 98104 TS No.: WA-19-865005-RM APN No.: 150187 4051230242550000 Title Order No.: 8757191 Reference Number of Deed of Trust: Instrument No. 2100700037 Parcel Number(s): 150187, 4051230242550000 Grantor(s) for Recording Purposes under RCW 65.04.015: WAYNE DIAZ, A MARRIED MAN Current Beneficiary of the Deed of Trust and Grantee (for Recording Purposes under RCW 65.04.015): Bank of America, N.A Current Trustee of the Deed of Trust: Quality Loan Service Corporation of Washington Current Loan Mortgage Servicer of the Deed of Trust: Reverse Mortgage Solutions, Inc. I.NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 3/20/2020, at 10:00 AM At the main entrance to the Whatcom County Courthouse, located at 311 Grand Avenue, Bellingham, WA 98225 sell at public auction to the highest and best bidder, payable in the form of credit bid or cash bid in the form of 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, Lot 69, Birch Bay Village Division 4, according to the plat thereof recorded in Volume 9 of Plats, Page(s) 106, records of Whatcom County, Washington. More commonly known as: 5682 SALISH RD., BLAINE, WA 98230 Subject to that certain Deed of Trust dated 6/23/2010, recorded 7/1/2010, under Instrument No. 2100700037 records of WHATCOM County, Washington, from WAYNE DIAZ, A MARRIED MAN, as grantor(s), to NORTHWEST TRUSTEE SERVICES, INC, as original trustee, to secure an obligation in favor of BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION, as original beneficiary, the beneficial interest in which was subsequently assigned to Bank of America, N.A, the Beneficiary, under an assignment recorded under Auditors File Number 2018-0602872 . II. No action commenced by the Beneficiary of the Deed of Trust as referenced in RCW 61.21.030(4) 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: BORROWER(S) FAILED TO MAINTAIN HAZARD INSURANCE ON THE PROPERTY (AND/OR FAILED TO PROVIDE ADEQUATE PROOF OF INSURANCE), AND ALSO FAILED TO PAY PROPERTY TAXES PRIOR TO THE DELINQUENCY DATE IN VIOLATION OF THE TERMS OF BORROWER(S)’ HOME EQUITY CONVERSION MORTGAGE AND, AS A RESULT, THE SUMS REFERENCED HEREIN WERE ADVANCED ON BORROWER(S) BEHALF TO MAINTAIN INSURANCE ON THE PROPERTY AND TO PAY PROPERTY TAXES IV. The total sum owing on the obligation secured by the Deed of Trust is: the principal sum of $177,341.08, together with interest as provided in the Note, Deed of Trust, or other instrument secured from 6/23/2010 on, and such other costs, fees, and charges as are due under the Note, Deed of Trust, 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 3/20/2020. The default(s) referred to in Paragraph III must be cured before this sale date (if curable) to cause a discontinuance of the sale. The sale will be discontinued and terminated if the default as set forth in Paragraph III is cured. For monetary defaults, payments must be in cash or with cashiers or certified checks from a State or Federally chartered bank. The sale may also be terminated any time before the sale date set forth in this Paragraph if the Borrower, Grantor or holder of any recorded junior lien or encumbrance pays the entire principal and interest, plus costs, charges, fees and advances, if any, made pursuant to the terms of the Note, Deed of Trust and/or other instrument secured, and cures 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 WAYNE DIAZ ADDRESS 5682 SALISH RD., BLAINE, WA 98230 by both first class and certified mail, 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. These requirements were completed as of 10/12/2019. VII. The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale. VIII. The effect of the sale will be to deprive the Grantor, and all those who hold by, through or under the Grantor, of all their interest in the above-described property. IX. Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s Sale. X.NOTICE TO OCCUPANTS OR TENANTS – The Purchaser at the Trustee’s Sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the Deed of Trust (the owner) and anyone having an interest junior to the Deed of Trust, including occupants who are not tenants. After the 20th day following the sale the Purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the Purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE OF YOUR HOME. In the event the property secured by the Deed of Trust is owner-occupied residential real property, you may be eligible for mediation, 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: Toll-free: 1-877-894-HOME (1-877-894-4663) or website: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National website: http://portal.hud.gov/hudportal/HUD or for Local counseling agencies in Washington: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: 1-800-606-4819 or website: http://nwjustice.org/what-clear If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The Purchaser shall have no further recourse against the Borrower, Grantor, Trustee, Beneficiary, Beneficiary’s Agent, or Beneficiary’s Attorney. Additional information provided by the Trustee: If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the noteholders rights against the real property only. The Trustee’s Sale Number is WA-19-865005-RM. Dated: 11/12/2019 Quality Loan Service Corp. of Washington, as Trustee By: Maria Montana, Assistant Secretary Trustee’s Address: Quality Loan Service Corp. of Washington 108 1st Ave South, Suite 202, Seattle, WA 98104 For questions call toll-free: (866) 925-0241 Trustee Sale Number: WA-19-865005-RM Sale Line: 916-939-0772 or Login to: http://wa.qualityloan.com IDSPub #0158283
Published February 19 and March 11, 2020
