LYNDEN

CITY OF LYNDEN

LEGAL NOTICE OF APPLICATION FOR A SHORT PLAT

NOTICE IS HEREBY GIVEN that on December 24, 2020, the City of Lynden received an application from Northwest Surveying and GPS, Agent for Westgate Commercial Properties, LLC, regarding the property described below:

LOT A, OF THE BOVENKAMP AND VAN ZANTEN LOT LINE ADJUSTMENT, AS PER THE MAP THEREOF, RECORDED UNDER AUDITORS FILE NO. 961107015, RECORDS OF WHATCOM COUNTY, WASHINGTON.

SITUATE IN WHATCOM COUNTY, WASHINGTON.

COMMONLY DESCRIBED AS: 8391 Guide Meridian Road, Lynden

requesting the approval to subdivide approximately 8.82 acres into 4 parcels within the CSR (Regional Commercial Services) zone at the above noted location.  The application was determined to be complete on January 8, 2021, and the notice of completeness was postmarked on that date.

Under Lynden Municipal Code 17.09.100, the final decision for this project must be made within 120 days from the date of the letter of completeness.  Any persons wishing to comment on the application, or the proposal may do by submitting their written comments to Heidi Gudde, Planning Director, 300 4th Street, Lynden 98264, by February 3, 2021.  Persons with questions regarding the project may contact Heidi Gudde at 354-5532.

Published January 20, 2021

CITY OF LYNDEN

LEGAL NOTICE OF PUBLIC HEARING REGARDING

A NEW CHAPTER 2.09 TO THE LYNDEN MUNICIPAL

CODE REGARDING THE ESTABLISHMENT OF A HEARING EXAMINER

NOTICE IS HEREBY GIVEN that the Lynden City Council will be holding a public hearing and will be accepting public input regarding the proposed addition of a new Chapter 2.09 to the Lynden Municipal Code regarding the establishment of a hearing examiner.

A virtual public hearing with the Lynden City Council has been tentatively scheduled for February 1, 2021.  Under Lynden Municipal Code 17.09.100, the final decision for this project must be made within 120 days from the date of the letter of completeness.  Any persons wishing to comment on the application, or the proposal may do by submitting their written comments to Heidi Gudde, Planning Director, 300 4th Street, Lynden 98264, by February 1, 2021, or by attending the virtual public hearing to be held at 7:00 P.M. February 1, 2021.

Please Note:  Those interested in participating in the meeting remotely should contact Heidi Gudde at guddeh@lyndenwa.org or (360) 354-5532 before noon on February 1, 2021.  Due to concerns related to the transmission of the COVID-19 virus, all comments received through the mail or submitted electronically will be included as part of the meeting record.  Please feel free to contact the Planning Department for more meeting details.

Published January 20, 2021

EVERSON

City of Everson

Notice of Decision

Notice is hereby given that on January 12, 2021, the Everson City Council approved a long subdivision/ preliminary plat and shoreline substantial development permit with conditions for a residential subdivision proposed by Henry and Jennifer Dykstra to subdivide an approximately 9.57-acre property located at 201 Old Everson Road within the City of Everson to create eleven residential lots.  

There is no administrative appeal of this decision. Pursuant to Chapter 36.70C RCW, any petition challenging the decision regarding the subdivision must be filed with the superior court within twenty-one days of the issuance of the decision. . Pursuant to Chapter 90.58 RCW, any petition challenging the decision regarding the shoreline permit must be filed with the shoreline hearings board within twenty-one days of the date of filing of the decision with the Washington Department of Ecology.

This notice is published pursuant to Section 16.01.130(C) EMC.

Contact the City Clerk at the address below to request a complete copy of the Decision:

Everson City Hall

111 W. Main Street

P.O. Box 315

Everson, WA 98247

Published January 20, 2021

City of Everson

Notice of Decision

Notice is hereby given that on January 12, 2021, the Everson City Council approved a conditional use permit and zoning variance application submitted by Cole Hilton to allow a reduced number of off-street parking spaces, increased lot coverage and reduced rear yard setback in conjunction with a proposed expansion of the Bourbon Bar and Grill located at 108 W. Main Street within the City of Everson, WA.  

There is no administrative appeal of this decision.  Pursuant to Chapter 36.70C RCW, any petition challenging this decision must be filed with the superior court within twenty-one days of the issuance of the decision.

This notice is published pursuant to Section 16.01.130(C) of the Everson Municipal Code.

Contact the City Clerk at the address below to request a complete copy of the Report of Decision:

Everson City Hall

111 W. Main Street

P.O. Box 315

Everson, WA 98247

Published January 20, 2021

City of Everson

Notice of Decision

Notice is hereby given that on January 12, 2021, the Everson City Council approved a conditional use permit requested by Juan Lopez to allow construction of a residential duplex on a non-conforming lot of record located at 702 Freda Avenue in the Residential-Multiple Use zoning district within the City of Everson.  

There is no administrative appeal of this decision.  Pursuant to Chapter 36.70C RCW, any petition challenging this decision must be filed with the superior court within twenty-one days of the issuance of the decision.

This notice is published pursuant to Section 16.01.130(C) of the Everson Municipal Code.

Contact the City Clerk at the address below to request a complete copy of the Report of Decision:

Everson City Hall

111 W. Main Street

P.O. Box 315

Everson, WA 98247

Published January 20, 2021


NOTICE OF TRUSTEE'S SALE

TS #: 19-58940

Title Order #:  191139163-WA-MSI

NOTICE OF TRUSTEE’S SALE

Grantor:  ALLEN L. NICHOLSON, WHO ACQUIRED TITLE AS HIS SEPARATE PROPERTY

Current beneficiary of the deed of trust: Lakeview Loan Servicing, LLC

Current trustee of the deed of trust: North Star Trustee, LLC

Current mortgage servicer for the deed of trust: Flagstar Bank FSB

Reference number of the deed of trust: 2130201482

Parcel Number(s): 405-123-149336-0000

I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, North Star Trustee, LLC will on 1/29/2021, at 9:00 AM at the main entrance of the Whatcom County Courthouse, 311 Grand Ave., Bellingham, WA 98225 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 71, BAY RIDGE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE(S) 14 AND 15, RECORDS OF WHATCOM COUNTY, WASHINGTON.

Commonly known as:    5589 BAY RIDGE DR

BLAINE, WASHINGTON 98230

which is subject to that certain Deed of Trust dated 2/7/2013, recorded 2/12/2013, as Instrument No. 2130201482, The Deed of Trust has been reformed under Default Judgment for Declaratory Relief recorded 7/7/2020 under recording number #2020-0700855, records of Whatcom County, Washington, from ALLEN L. NICHOLSON, WHO ACQUIRED TITLE AS HIS SEPARATE PROPERTY, as Grantor(s), to ADELITA A. SHUBERT ON BEHALF OF FLAGSTAR BANK, FSB, as Trustee, to secure an obligation in favor of  Mortgage Electronic Registration Systems, Inc. (“MERS”), as designated nominee for FLAGSTAR BANK, FSB, A FEDERALLY CHARTERED SAVINGS BANK, beneficiary of the security instrument, its successors and assigns, as Beneficiary, the beneficial interest in which was assigned to  Lakeview Loan Servicing, LLC, under an Assignment recorded under Auditor’s File No. 2019-0801285.

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.

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    THRU    NO.PMT    AMOUNT    TOTAL

5/1/2019    06/30/2019    2    $1,346.71    $2,693.42

7/1/2019    06/30/2020    12    $1,319.53    $15,834.36

7/1/2020 09/24/2020    

3    $1,659.06    $4,977.18

Title/Appraisal:                 $976.13

Inspections:                      $156.00

Legal Fee Advanced:     $1,151.20

Other Fees:            $15.00

LATE CHARGE INFORMATION

TOTAL LATE CHARGES    TOTAL                              $266.08

PROMISSORY NOTE INFORMATION

Note Dated:         2/7/2013

Note Amount:           $193,385.00

Interest Paid To:       4/1/2019

Next Due Date:        5/1/2019

IV. The sum owing on the obligation secured by the Deed of Trust is:  Principal   $168,183.33, together with interest as provided in the note or other instrument secured from 4/1/2019, 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 1/29/2021.  The default(s) referred to in Paragraph III must be cured by 1/18/2021, (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 1/18/2021 (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 cashiers or certified checks from a State or federally chartered bank.  The sale may be terminated any time after the 1/18/2021 (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 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 addresses:

ALLEN L NICHOLSON    

PO BOX 1329

BLAINE, WASHINGTON 98231

ALLEN L. NICHOLSON    19201 226TH AVE  

WOODINVILLE, WASHINGTON

98077

ALLEN L. NICHOLSON    5589 BAY RIDGE DR

BLAINE, WASHINGTON 98230

SPOUSE OF ALLEN L NICHOLSON    19201 226TH AVE  

WOODINVILLE, WASHINGTON

98077

SPOUSE OF ALLEN L NICHOLSON    

5589 BAY RIDGE DR

BLAINE, WASHINGTON 98230

SPOUSE OF ALLEN L NICHOLSON    PO BOX 1329

BLAINE, WASHINGTON 98231

by both first class and certified mail on 10/28/2019, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served 10/29/2019, 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 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.  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 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: 1-877-894HOME (1-877-894-4663)

Web site: http://www.dfi.wa.gov/consumers/homeownership/

The United States Department of Housing and Urban Development: Telephone: 1-800-569-4287

Web site: http://portal.hud.gov/hudportal/HUD

The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys

Telephone: 1-800-606-4819    Web site: http://www.ocla.wa.gov/

This office is enforcing a security interest of your creditor. To the extent that your obligation has been discharged by a bankruptcy court or is subject to an automatic stay of bankruptcy, this notice is for informational purposes only and does not constitute a demand for payment or any attempt to collect such obligation.

DATED: 09/28/2020

North Star Trustee, LLC, as Trustee

Lisa Hackney, Vice President of Trustee Operations

Address for service:

North Star Trustee, LLC

6100 219th ST SW, Suite 480

Mountlake Terrace, Washington 98043

Trustee Phone No: (206) 866-5345

Beneficiary/Servicer Phone:  

1-800-393-4887

Published December 30, 2020 and January 20, 2021

PROBATE NOTICE TO CREDITORS

SUPERIOR COURT OF WASHINGTON

FOR WHATCOM COUNTY

Estate of

GARY DWAYNE KENNEDY,

Deceased.

NO.  20-4-00508-37

PROBATE NOTICE TO CREDITORS (RCW 11.40.030)

PLEASE TAKE NOTICE

The above Court has appointed the person named below as Personal Representative of the Decedent’s estate.  Any person having a claim against the Decedent must present the claim: (a) Before the time when the claim would be barred by any applicable statute of limitations, and (b) In the manner provided in RCW 11.40.070: (i) By filing the original of the claim with the foregoing Court, and (ii) By serving on or mailing to the address below a copy of the claim.  The claim must be presented by the later of: (a) Thirty (30) days after I served or mailed this Notice as provided in RCW 11.40.020(1)(c), or (b) Four (4) months after the date of first publication of this Notice.  If the claim is not presented within this time period, the claim will be forever barred except as provided in RCW 11.40.051 and 11.40.060.  This bar is effective for claims against both the Decedent’s probate and non-probate assets.

Signed:    

Nathan L. McAllister WBA #37964

Attorney for Karen Joan Fox, Personal Representative

Of the Estate of Gary Dwayne Kennedy

Mailing Address for Claims:

Karen Joan Fox, Personal Representative of the Estate of Gary Dwayne Kennedy

C/O Nathan L. McAllister, Attorney at Law, PS

1313 E. Maple St., Ste. 208

Bellingham, WA  98225

Published January 13, 20 and 27, 2021


PUBLIC NOTICE

Italian Motors USA LLC, 529 West Front Street, Sumas, WA 98295-9625, are seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit.

The proposed project, SIMA Karting Facility Expansion, is located at 529 West Front Street in Sumas, Washington in Whatcom County.

This project involves approximately 9 acres of soil disturbance for commercial and utility construction activities.

The receiving waterbody is Johnson 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 anti-degradation requirements under WAC 173-201A-320.

Comments can be submitted to:

ecyrewqianoi@ecy.wa.gov, or

Department of Ecology

Attn: Water Quality Program, Construction Stormwater

P.O. Box 47696, Olympia, WA 98504-7696

Published January 13 & 20, 2021

STATE OF WASHINGTON DEPARTMENT OF ECOLOGY

NOTICE OF APPLICATION TO CHANGE AN EXISTING WATER  RIGHT

TAKE NOTICE:

That George Sandhu filed application of change CG1-GWC00479(A) for Superseding Certificate No. G1-*00106C(A) on June 4, 2020. Superseding Certificate No. G1-*00106C(A) was issued with a priority date of February 1, 1946, to withdraw up to 139.7 gallons per minute and 21.5 acre-feet per year from a well for the irrigation of 21.5 acres within the NW¼ SE¼ of Section 15, T39N, R02E, W.M., in Whatcom County, Washington. The application requests to change the authorized place of use and increase the irrigated acres of the water right (spreading). Details of the requested change are as follows:

• Place of Use- The requested change to the authorized place of use is from 21.5 acres located within the NW¼ SE¼ of Section 15, T39N, R02E, W.M., to additional agricultural properties located within the SE¼ of Section 15, T39N, R02E, W.M., in Whatcom County, Washington.

•Increase Irrigated Acres- George Sandhu has requested to increase the authorized irrigated acreage of Superseding Certificate No. G1-*00106C(A) from 21.5 acres to 113 acres within the SE¼ of Section 15, T39N, R02E, W.M., in Whatcom County, Washington.

No increases will be made to the instantaneous withdrawal rates or annual quantities.

Protests or objections to approval of this application must include a detailed statement of the basis for objections: protests must be accompanied with a fifty-dollar ($50.00) NON- REFUNDABLE recording fee (PLEASE REMIT CHECK OR MONEY ORDER ONLY) and filed with the Department of Ecology at the address shown below, within thirty (30) days from January 27, 2021.

DEPARTMENT OF ECOLOGY CASHIERING OFFICE - NWRO-WR PO BOX 47611

OLYMPIA WA 98504-7611

Published January 20 and 27, 2021

SUMMONS BY PUBLICATION

SUPERIOR COURT OF THE STATE OF WASHINGTON

FOR WHATCOM COUNTY

MARIA M. ZERBY, Plaintiff

vs.

RONALD DEE MARTIN,

Defendant

Case No.:  20 2 01106 37                     

SUMMONS

TO: RONALD DEE MARTIN

A lawsuit has been started against you in the above court by MARIA M. ZERBY.  Plaintiff’s claim is stated in the written complaint, a copy of which is served upon you with this summons.

In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons, within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice.  A default judgement is one where plaintiff is entitled to what he/she asks for because you have not responded.  If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may be entered.

You may demand that Plaintiff file this lawsuit with the court.  If you do so, the demand must be in writing and must be served on the person signing the summons.  Within 14 days after you serve the demand, Plaintiff must file lawsuit with the court, or the service on you of this summons and complaint will be void.  

If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.

This summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington.

DATED this 14th day of October 2020.

LAW OFFICES OF LISA M. SAAR, PLLC

By Lisa M. Saar, WSBA No. 46494

Attorney for Plaintiff

Published December 30 2020, January 6, 13, 20, 27 & February  3, 2021

IN THE DISTRICT COURT OF THE STATE OF WASHINGTON

FOR WHATCOM COUNTY

Kurt Prasse, Plaintiff

vs.

Lori and Nick Vail, a married couple, Defendant.

NO:  CV 20-0979

AMENDED SUMMONS

(FOR PUBLICATION)

The State of Washington to: LORI AND NICK VAIL, Defendants.

You are hereby summoned to appear within sixty days after the date of the first publication of this summons, to wit, within sixty days after the 12th day of January, 2021, and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff KURT PRASSE, and serve a copy of your answer upon the undersigned attorney for plaintiff KURT PRASSE, at his office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court. The action involves a suit for breach of contract and monies due and owing.  

Date:  Jan. 12, 2021

Nathan L. McAllister, Attorney at Law, P.S.

Nathan L. McAllister,

WSBA#37964

Street Address:

1313 E. Maple Street, Suite 208

Bellingham, WA  98225

Telephone Number:

(360) 734-0338

Facsimile Number:

(360) 685-4222

Published January 13, 20, 27 & February 3, 10, and 17, 2021