LYNDEN

CITY OF LYNDEN

LEGAL NOTICE OF

APPLICATION FOR A SHORT PLAT

NOTICE IS HEREBY GIVEN that on August 6, 2021, the City of Lynden received an application from Northwest Surveying & GPS, Agent for TMI Holdings, LLC and Halo Holdings, LLC, regarding the property described below:

LOT B, SKYLINE LOT LINE ADJUSTMENT, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 20, 2021, UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2021-0703457, RECORDS OF WHATCOM COUNTY, WASHINGTON.  SITUATE IN WHATCOM COUNTY, WASHINGTON.

COMMONLY DESCRIBED AS: 1546 AND 1575 E BADGER ROAD, LYNDEN

Requesting the approval to subdivide approximately 1.78 acres into 4 parcels within the RM-3 (Residential Multi-Family) zone at the above noted location.  The application was determined to be complete on August 24, 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 September 15, 2021.  Persons with questions regarding the project may contact Heidi Gudde at 354-5532.

Published September 1, 2021

CITY OF LYNDEN

LEGAL NOTICE OF

APPLICATION FOR A SHORT PLAT

NOTICE IS HEREBY GIVEN that on August 9, 2021, the City of Lynden received an application from Northwest Surveying and GPS, Agent for Kenneth Otter, Landtek Enterprises Inc., regarding the property described below:

THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF

SECTION 17, TOWNSHIP 40 NORTH, RANGE 3 EAST OF W.M., DESCRIBED AS

FOLLOWS: BEGINNING AT A POINT 27 RODS SOUTH OF THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF

SAID SECTION 17; THENCE WEST 80 RODS; THENCE SOUTH 13 RODS; THENCE

EAST 80 RODS; THENCE NORTH 13 RODS TO THE POINT OF BEGINNING.

ALL LYING EASTERLY OF THE EAST LINE OF LOTS 14 AND 15, PLAT OF SOUTH

PARK TERRACE, RECORDED JULY 20, 1970, IN VOLUME 10 OF PLATS, PAGE 108,

RECORDS OF SAID COUNTY AND STATE.  EXCEPTING THEREFROM PORTIONS CONVEYED TO THE CITY OF LYNDEN BY DEED FILED APRIL 8, 1952, UNDER AUDITOR’S FILE NO. 733727, AND BY DEED FILED DECEMBER 30, 1968 UNDER AUDITOR’S FILE NO. 1054490, RECORDS OF WHATCOM COUNTY, WASHINGTON; ALSO EXCEPT THE RIGHT-OF-WAY FOR SOUTH PARK STREET LYING ALONG THE NORTH LINE THEREOF AND THE RIGHT-OF-WAY FOR DEPOT ROAD LYING ALONG THE EAST LINE THEREOF.

SITUATE IN WHATCOM COUNTY, WASHINGTON.

COMMONLY DESCRIBED AS: 8513 DEPOT ROAD, LYNDEN

Requesting the approval to subdivide approximately 1.04 acres into 4 parcels within the RS-100 (Residential Single-Family) zone at the above noted location.  The application was determined to be complete on August 25, 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 September 15, 2021.  Persons with questions regarding the project may contact Heidi Gudde at 354-5532.

Published September 1, 2021


SUMAS

NOTICE OF LAND FOR LEASE

The City of Sumas has approximately .37 acres of land available to lease for purposes of use as open space. The lease would be for an approximate ten-year lease period beginning October 1, 2021 and terminating September 30, 2031. The land is located adjacent to the north side of Garfield Street in the City of Sumas as depicted on Exhibit “A” hereto. The specific boundaries of the leased area shall be as specifically delineated by the City. The land is currently an open field.

Bids must be received at Sumas City Hall, 433 Cherry Street, Sumas, WA 98295, on or before 4:00 pm on September 24, 2021. The minimum bid price is $75 per year.

Each bid must state the bid price per year for the entire property, along with the bidders name, address & phone number. Execution of a written lease agreement satisfactory to the City is required. A copy can be made available for review upon request. The City reserves the right to reject all bids.

Michelle Quinn, City Clerk, City of Sumas

Published September 1, 2021

City of Sumas

Notice of Decision

Notice is hereby given that on August 23, 2021, the Sumas City Council approved a critical areas variance requested by Ruban and Lori Reed and Ken and Randi Hueston to allow construction of a single-family residence that would reduce a standard wetland buffer by more than 25 percent on a residential lot located at 344 Harrison Avenue, Sumas, 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 20.08.130(C) of the Sumas Municipal Code.

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

City of Sumas

PO Box 9

Sumas, WA  98295

(360) 988-5711

Published September 1, 2021

City of Sumas

Notice of Decision

Notice is hereby given that on August 23, 2021, the Sumas City Council granted preliminary approval with conditions for a general binding site plan requested by Sumas Development LLC to allow future subdivision of industrial lots within a parcel located in the 300-block of Bob Mitchell Way, Sumas, 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 20.08.130(C) of the Sumas Municipal Code.

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

City of Sumas

PO Box 9

Sumas, WA  98295

(360) 988-5711

Published September 1, 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 9/10/2021, 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    03/31/2021    9    $1,659.06     $14,931.54

4/1/2021 05/11/2021

2    $1,466.83       $2,933.66

Title/Appraisal:                 $976.13

Inspections:                      $156.00

Legal Fees Advanced:    $2,720.16

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 9/10/2021.  The default(s) referred to in Paragraph III must be cured by 8/30/2021, (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 8/30/2021 (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 8/30/2021 (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: 4/29/2021

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

STATE OF WASHINGTON          ss.

COUNTY OF SNOHOMISH    

I certify that I know or have satisfactory evidence that Lisa Hackney is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the Vice President of Trustee Operations of North Star Trustee, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

Dated: 4/29/2021

Kellie Barnes    

NOTARY PUBLIC in and for the State of Washington, residing at Lynnwood, WA

My commission expires

6/10/2024

EPP 32754 8/11, 9/1/2021

Published August 8 & September 1, 2021


PROBATE NOTICE TO CREDITORS

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHATCOM

IN THE ESTATE OF:

THOMAS MICHAEL WENKE,

DECEASED.

No. 21-4-00688-37

PROBATE NOTICE TO CREDITORS RCW 11.40.030

The person 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. 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:     September 1, 2021

PERSONAL REPRESENTATIVE:     Todd P. Black

ATTORNEY FOR PERSONAL REPRESENTATIVE:     

Colin R. Morrow, WSBA #53779    

ADDRESS FOR MAILING OR SERVICE:     

1700 D Street (zip: 98225)

P.O. Box 5226

Bellingham, WA 98227

CARMICHAEL CLARK, P.S.

COLIN R. MORROW, WSBA# 53779

Attorney for Personal Representative

Published September 1, 8 & 15, 2021


PUBLIC NOTICE

Sani-Tech, Inc., 6553 Guide Meridian Road, Lynden, WA 98264-9693, is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit.

The proposed project, Sani-Tech, Inc. Building Replacement, is located at 6553 Guide Meridian Road, Lynden, Washington in Whatcom County.

This project involves approximately 2 acres of soil disturbance for industrial and utility construction activities.

The receiving waterbody is Four Mile 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

ATTN: Water Quality Program, Construction Stormwater

Washington State Department of Ecology

P.O. Box 47696

Olympia, WA 98504-7696

Published August 25 & September 1, 2021

The State of Washington, Department of Transportation is acquiring property and/or property rights for the SR 546, Pepin Creek and Duffner Ditch - Fish Passage project. Negotiations to acquire the property described below have reached an impasse; therefore the State is preparing to submit to the Attorney General’s Office a request for acquisition of this property and/or property rights through a condemnation action. This is done to assure that the rights of the individual property owner and the rights of all the taxpayers of the state are equally protected.

The final action at which the State as condemner will decide whether to authorize the condemnation of the property will take place at 2:45 PM, Wednesday, September 8, 2021 via Microsoft Teams. The property owner may provide information prior to the final action for the State to consider. Information may be submitted by e-mail to wolfeh@wsdot.wa.gov, by mail to the State of Washington, Department of Transportation, Attn: Hal Wolfe, Real Estate Services Manager, P.O. Box 330310, MS 118, Seattle, WA 98133-9710; or by phone to Hal Wolfe at 206-440-4163.

Assessed Owner: Fred Jr & Glenda Polinder Rev Trust

Property Address: 146 E Badger Rd, Lynden, WA

Tax Parcel Number:

4003071140670000

(PID 127702)

Brief Legal Description: Gov’t Lot 4 and the SE¼ of the SW¼ of Section 7, T40N, R3E, WM, Whatcom County

Published August 25 & September 1, 2021

The State of Washington, Department of Transportation is acquiring property and/or property rights for the SR 546, Pepin Creek and Duffner Ditch - Fish Passage project. Negotiations to acquire the property described below have reached an impasse; therefore the State is preparing to submit to the Attorney General’s Office a request for acquisition of this property and/or property rights through a condemnation action. This is done to assure that the rights of the individual property owner and the rights of all the taxpayers of the state are equally protected.

The final action at which the State as condemner will decide whether to authorize the condemnation of the property will take place at 2:30 PM, Wednesday, September 8, 2021 via Microsoft Teams. The property owner may provide information prior to the final action for the State to consider. Information may be submitted by e-mail to wolfeh@wsdot.wa.gov, by mail to the State of Washington, Department of Transportation, Attn: Hal Wolfe, Real Estate Services Manager, P.O. Box 330310, MS 118, Seattle, WA 98133-9710; or by phone to Hal Wolfe at 206-440-4163.

Assessed Owner: Benson Holding, LLC

Property Address: 8887 Benson Rd, Lynden, WA

Tax Parcel Number:

4003183914420000

(PID 131925)

Brief Legal Description: N½ of the NE¼, Section 18, T40N, R3E, WM, Whatcom County

Published August 25 & September 1, 2021


SUMMONS BY PUBLICATION

IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY

Janet Myers, Plaintiff

vs.

ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT, Defendants.

No. 21-2-00739-37

SUMMONS BY PUBLICATION

Judge: David E. Freeman

THE STATE OF WASHINGTON TO DEFENDANTS:

You are hereby summoned to appear within sixty (60) days after the date of the first publication of this Summons, to wit, within sixty (60) days after the 4th day of August, 2021, and defend the above-entitled action in the above-entitled court, and answer the complaint of the Plaintiff Janet Myers, and serve a copy of your answer upon the undersigned attorneys for Plaintiff, Wolf & Lee, LLP, at their office below stated; and in case of your failure to do so, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court.

This matter involves a claim by Plaintiff that property conveyed to her by her mother by way of a Revocable Transfer on Death Deed (“Deed”), recorded under Whatcom County Auditor’s File No. 2017-1200408, contained an incorrect legal description for the property as a result of a scrivener’s error. Plaintiff seeks a reformation of the Deed to reference the correct legal description for the property and to thereby quiet title to the property in her name exclusively. Plaintiff maintains that the correct legal description is that contained in the July 20, 1984, Quit Claim Deed from Lonnie Collins to Roy and Elsie Burgy, recorded under Whatcom County Auditor’s File No. 1485498.

In the alternative, and to the extent the Deed did not convey the property to Plaintiff, her mother had all right, title, and interest in the property at the time of death, and Plaintiff was entitled under her mother’s will to all residue of her estate. Plaintiff thereby alternatively seeks an order and judgment quieting title to the property in her name exclusively.

DATED this 26th day of July, 2021.

Mark J. Lee, WSBA #19339

Haylee J. Hurst, WSBA #51406

Elizabeth Slattery, WSBA #56349

of Wolf & Lee, LLP

Attorneys for Plaintiff

File response with:

Whatcom County Superior Court

311 Grand Avenue, Suite 301

Bellingham, WA 98225

(360) 778-5560

Serve copy of response on:

Wolf & Lee, LLP

230 E. Champion Street

Bellingham, WA 98225

(360) 676-0306

Published August 4, 11, 18, 25 & September 1, 8, 2021