LYNDEN

CITY OF LYNDEN

LEGAL NOTICE OF APPLICATION FOR A

CONDITIONAL USE PERMIT AND PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN that on May 26, 2021, the City of Lynden received an application from Lesa Starkenburg-Kroontje, Agent for Four “S” Investments U.S., Inc., regarding the property described below:

LEGAL DESCRIPTION: REAL PROPERTY IN THE COUNTY OF WHATCOM, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS:  

PARCEL A: A TRACT BEGINNING AT A POINT 40 FEET NORTH AND 549 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 40 NORTH, RANGE 2 EAST OF W.M.; THENCE WEST 410 FEET; THENCE NORTH 396 FEET; THENCE EAST 410 FEET; THENCE SOUTH 396 FEET TO THE POINT OF BEGINNING; AND A TRACT BEGINNING 40 FEET NORTH AND 959 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE WEST TO A POINT 220 FEET EAST OF THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE NORTH 24 RODS; THENCE EAST TO A POINT DUE NORTH OF THE POINT OF BEGINNING; THENCE SOUTH 24 RODS; THENCE EAST TO A POINT DUE NORTH OF THE POINT OF BEGINNING; THENCE SOUTH 24 RODS TO THE POINT OF BEGINNING; LESS ROADS; EXCEPT A PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 440 FEET EAST AND 40 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE NORTH 300 FEET; THENCE WEST 220 FEET; THENCE SOUTH 300 FEET; THENCE EAST 220 FEET TO THE POINT OF BEGINNING; AND A TRACT BEGINNING 40 FEET NORTH AND 108 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE WEST 441 FEET; THENCE NORTH 400 FEET; THENCE EAST 311 FEET; THENCE SOUTH 176 FEET; THENCE EAST 130 FEET; THENCE SOUTH TO THE POINT OF BEGINNING; LESS ROADS. AND EXCEPT A PORTION DESCRIBED AS FOLLOWS: BEGINNING 40 FEET NORTH AND 549 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE NORTH 175 FEET; THENCE EAST 150 FEET; THENCE SOUTH 175 FEET; THENCE WEST 150 FEET TO THE POINT OF BEGINNING; AND EXCEPT THE EAST 50 FEET; AND EXCEPT THE NORTH 176 FEET THEREOF; AND EXCEPT PARCELS C, F, H AND I AS DELINEATED ON A SURVEY RECORDED UNDER AUDITOR’S FILE NO, 1990303598, RECORDS OF WHATCOM COUNTY, WASHINGTON.

PARCEL B: THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 40 NORTH, RANGE 2 EAST OF W.M./ DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 440 FEET EAST AND 40 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE NORTH 300 FEET; THENCE WEST 220; THENCE SOUTH 300 FEET; THENCE EAST 220 FEET TO THE POINT OF BEGINNING; EXCEPT A PORTION TO THE CITY OF LYNDEN FOR STREET, DESCRIBED UNDER AUDITOR’S FILE NO. 1990900125 AND AS DELINEATED AS PARCEL A ON A SURVEY RECORDED UNDER AUDITOR’S FILE NO.  1990900125, RECORDS OF WHATCOM COUNTY, WASHINGTON.

PARCEL C: THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 40 NORTH, RANGE 2 EAST OF W.M., DESCRIBED AS FOLLOWS; BEGINNING AT A POINT 40 FEET NORTH AND 549 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE NORTH 175 FEET; THENCE EAST 150 FEET; THENCE SOUTH 175 FEET; THENCE WEST 150 FEET TO THE POINT OF BEGINNING. EXCEPT PARCELS D AND E AS DELINEATED ON A SURVEY RECORDED UNDER AUDITOR’S FILE NO. 1990303598, RECORDS OF WHATCOM COUNTY, WASHINGTON.

COMMONLY DESCRIBED AS:  2010 Front Street, Lynden.

requesting a conditional use permit to allow additional mobile units to infill areas within the existing park.  Up to 14 new sites will be prepared.  The application was determined to be complete on June 28, 2021, and the notice of completeness was postmarked on that date.

A public hearing with the Lynden Planning Commission has been tentatively scheduled for August 12, 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 so by submitting their written comments to Heidi Gudde, Planning Director, 300 4th Street, Lynden 98264, by July 28, 2021, or by attending the public hearing to be held at 7:00 P.M. August 12, 2021, at the City of Lynden City Hall Annex, 205 4th Street.

Published July 14, 2021


EVERSON

City of Everson

Notice of Decision

 

Notice is hereby given that on July 6, 2021, the City of Everson Subdivision Administrator approved a short subdivision requested by Jennifer Perry to allow subdivision of an approximately 24,344-square foot property located in the Residential-Multiple Use zoning district into two lots. The subject property is located at 101 Emerson Road within the City of Everson.

Pursuant to Section 16.01.160 EMC, any appeal of this administrative decision will be to the Everson City Council and must be filed with the City Clerk within ten 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 Decision:                                    

Everson City Hall

111 W. Main Street

P.O. Box 315

Everson, WA 98247

Published July 14, 2021


SUMAS

City of Sumas

Invitation to Bid

Bid #2021-01

 

NOTICE IS HEREBY GIVEN that sealed bids will be received at the Sumas City Hall, 433 Cherry St. Sumas WA 98295 for the following:

Construction of the New Grandstand Foundation & Restroom Facility.

Contractors shall submit their sealed bid proposals along with their primary sub-contractor rosters up until 3:00 p.m., Wednesday, August 11, 2021.

At 3:00 the bids will be publicly opened and the names of the submitters identified. Any interested people are invited to be present. Late bids will not be accepted. City of Sumas is requesting bids for construction of the Howard Bowen Memorial Park & Rodeo Grounds New Grandstand Foundation & Restroom Facilities located at 1550 Cherry St. and as further described in the bid documents.

Pre-bid meeting is scheduled at the project site at the Rodeo Grounds 1550 Cherry St. Meeting will be held on July 21, 2021 at 3 p.m. at the project site.

Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on “Posted Projects”, “Public Works”, and “City of Sumas”. This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders “Register” in order to receive automatic e-mail notification of future addenda and to place themselves on the “Self-Registered Bidders List”. Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issues on this project. Contact Builders Exchange of Washington at (425) 258-1303 should you require assistance with access or registration.

No bidder may withdraw their bid after time set for opening thereof, unless award is delayed for a period exceeding 40 days.

City of Sumas reserves the right to reject any or all bids and to waive any irregularities.

Published July 14 & 21, 2021


NOTICE OF TRUSTEE'S SALE

NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN

PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24, ET.SEQ.

Grantor: Whisper Lakes Developments, Inc.

Grantee/Current beneficiary of the deed of trust:     Dirt Works Bellingham Inc.

Current trustee of the deed of trust: Rainier Foreclosure Services, Inc.

Current mortgage servicer of the deed of trust: Dirt Works Bellingham Inc.

Reference number of the deed of trust: 2020-0803438

Parcel number(s):                                                                     400131-466205 0000/123130

I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Rainier Foreclosure Services, Inc., will on AUGUST 13, 2021, at the hour of 10:00 A.M., in front of the entrance to Whatcom County Courthouse, 311 Grand Avenue, Bellingham, WA 98225  in the City of Bellingham,   State of Washington, 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:

THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 40 NORTH, RANGE 1 EAST OF THE W.M., EXCEPT BLAINE ROAD LYING ALONG THE EASTERLY LINE THEREOF, AND EXCEPT A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING ON THE WEST LINE OF THE COUNTY ROAD (BLAINE ROAD) RIGHT OF WAY AT A POINT 420 FEET SOUTH OF THE NORTH LINE OF SAID QUARTER QUARTER; THENCE WEST 160 FEET; THENCE SOUTH 300 FEET; THENCE EAST 160 FEET, THENCE NORTH 300 FEET TO THE POINT OF BEGINNING.

SITUATE IN THE COUNTY OF WHATCOM, STATE OF WASHINGTON.

(TAX PARCEL NO. 400131 466205 0000/ 123130)

the postal address of which is more commonly known as:

VACANT LAND,  BLAINE ROAD,  BLAINE, WA 98230

which is subject to that certain Deed of Trust dated August 13, 2020, recorded on August 21, 2020, under Auditor’s File No. 2020-0803438 records of Whatcom County, Washington.  The Deed of Trust was granted by Whisper Lakes Developments, Inc., as Grantor, to Shropshire Law Firm, PLLC, as original Trustee, to secure an obligation in favor of Dirt Works Bellingham Inc., a Washington corporation, as original beneficiary.   Dirt Works Bellingham Inc., a Washington corporation, is the current holder of the obligation secured by the above referenced Deed of Trust.   

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 for which this foreclosure is made is as follows: Failure to pay when due the following amounts which are now in arrears:

a. Failure to pay the following amounts which are in due and in arrears:

CONSTRUCTION CONTRACT DUE AS OF MAY 1, 2021:    

Principal Balance:

                  $2,377,252.82

Interest Rate at 6% (9/30/2020 THRU 12/22/2020):    $16,386.69

Interest at Default Rate of 18%

 12/23/2020 thru 5/1/2021:

                      $130,874.82

Advance:   APC Engineering      

                                   $15,486.00

Advance: Attorney’s Fees and Costs:                      $20,988.95

TOTAL:                $2,560,989.28*

*plus all applicable foreclosure fees and costs incurred.                                  

Default other than failure to make payments:

Failure to insure the Deed of Trust:

ACTIONS REQUIRED TO CURE:

Pay for, acquire and deliver to Trustee or agent of beneficiary a

mortgagee’s policy of title insurance insuring the Deed of Trust in

first position on title to the real property pursuant to Commitment

#245425254 from Chicago Title Insurance Company of Washington.

Failure to avoid further encumbrances:  

ACTIONS REQUIRED TO CURE: Record, file, and deliver to Trustee or agent of beneficiary releases, expungements, and or dismissals of all lis pendens and claims of liens, trusts, and or reprioritization of encumbrances on or affecting the  property, beneficiary, and/or the Deed of Trust.

Failure to pay real property taxes for the years 2019, 2020 and first half of 2021:

ACTIONS REQUIRED TO CURE:

Pay and deliver to Trustee or agent of beneficiary receipts showing payment

of all real property taxes owing against the property or pay reimbursement to beneficiary for real property taxes if paid by beneficiary.

Failure to defend the Deed of Trust:

 ACTIONS REQUIRED TO CURE:

Defend and indemnify beneficiary against all claims asserted against the property, priority of the Deed of Trust and or in any way against beneficiary’s interest in the property secured by the Deed of Trust in all pending and all future lawsuits affecting the property, beneficiary, and/or the Deed of Trust.

Failure to pay all costs and expenses.

ACTIONS REQUIRED TO CURE:

Pay for and or reimburse all costs and expenses, including attorneys’ fees and costs, incurred by beneficiary in all pending and any future actions which in any  way affect the property, beneficiary, and/or the Deed of Trust.  These costs and expenses are ongoing and increasing.

IV. The sum owing on the obligation secured by the Deed of Trust is:  Unpaid principal of $2,377,252.82; together with unpaid interest as provided in the construction contract or other instrument secured to May 1, 2021 in the amount of $147,261.51; and such other advances, 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 said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on AUGIST 13, 2021.  The defaults referred to in paragraph III must be cured before the sale on AUGUST 13, 2021 to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the sale the defaults as set forth in paragraph III are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time before the sale, by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance 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, and curing all other defaults.

VI. A written Notice of Default was transmitted by the Trustee to the Borrower, Grantor, Guarantors and other interested parties at the following addresses:

Whisper Lakes Development, Inc.

420 Newlands Road

West Vancouver,BC V7T 1W1

Canada

 Bradley Swanson

Registered Agent

900 Dupont St.

Bellingham, WA 98225-3105

Renee Richter

20789 90A Avenue

Langley BC V1M 2R2

Canada

Dwayne Englesman

420 Newlands Road

West Vancouver, BC V7T 1W1

Canada

by both first class and certified mail on APRIL 1, 2021, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on APRIL 2, 2021 with said written Notice of Default or the Notice of Default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has in his possession proof of such service or posting.

VII. The Trustee whose name and address is 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 R.C.W. 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.

XI. NOTICE TO GUARANTORS                                     

Any guarantor (not discharged in bankruptcy) of the obligation secured by the deed of trust may be liable for a deficiency judgment to the extent the sale price obtained at the trustee’s sale is less than the debt secured by the deed of trust.  All guarantors have the same rights to reinstate the debt, cure the default or repay the debt as is given to the Grantor and Borrower in order to avoid the trustee’s sale.  Any guarantor will have no right to redeem the property after the trustee’s sale.  Subject to such longer periods as are provided in the Washington deed of trust act, Chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee’s sale, or the last trustee’s sale under any deed of trust granted to secure the same debt.  In any action for a deficiency, a guarantor will have the right to establish the fair value of the property as of the date of the trustee’s sale, less prior liens and encumbrances, and to limit the guarantor’s liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee’s sale, plus interests and costs.          

DATED:  MAY 12, 2021

RAINIER FORECLOSURE SERVICES, INC.,

Successor Trustee

By: THOMAS S. LINDE, Vice President

Rainier Foreclosure Services, Inc. c/o

SCHWEET LINDE & COULSON, PLLC

575 S. Michigan Street   

Seattle, WA 98108

(206) 275-1010

Published July 14 & August 4, 2021


PUBLIC NOTICE

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

NOTICE OF APPLICATION TO CHANGE AN EXISTING

WATER RIGHT ON A SEASONAL BASIS (2019)

 

TAKE NOTICE:

That Ebe Farms, LLC of Custer, Washington, on June 16, 2021, filed a seasonal application of change to Surface Water Certificate 6343 (aka S1-*13039CWRIS).

Certificated use under Surface Water Certificate 6343 is for 0.50 cubic feet per second for the irrigation of 50 acres during the irrigation season, with a priority date of July 23, 1954. The original point of diversion is located on the Nooksack River within Government Lots 8, 10, and 11 of Section 30, T. 40 N., R. 3 E.W.M., in Whatcom County. The original place of use is within Government Lots 8, 10, and 11 of Section 30, T. 40 N., R. 3 E.W.M.

The request is to transfer the point of diversion to within the NE1/4 SW1/4 of Section 35, T. 40 N., R. 2 E.W.M. The new place of use would be within Government Lots 3 and 4 of Section 35, T. 40 N., R. 2 E.W.M.

Protests or objections to approval of this application must include a detailed statement of the basis for objections: protests must be accompanied by 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 July 14, 2021.

DEPARTMENT OF ECOLOGY

CASHIERING OFFICE - NWRO-WR

PO BOX 47611

OLYMPIA WA 98504-7611

 

Published July 7 & 14, 2021


PROBATE NOTICE TO CREDITORS

SUPERIOR COURT OF THE STATE OF WASHINGTON, FOR WHATCOM COUNTY

In the Matter of the Estate of:

ROBERT ELVIS BROWN,

Deceased.

NO. 21-4-00420-37

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 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 with the later of: (1) 30 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:

June 30, 2021

Personal Representative:        LINDA MAY KLIX, Executrix

Attorney for Personal Representative:                JOSHUA W. FOX, WSBA #44147        Address for Mailing or Service:

BELCHER SWANSON LAW FIRM, P.L.L.C.

900 Dupont Street

Bellingham, Washington 98225

Phone:  (360) 734-6390   

Fax:  (360) 671-0753

Court of probate proceedings and cause number:

WHATCOM COUNTY SUPERIOR COURT, CAUSE NUMBER: 21-4-00420-37

Published June 30, July 7 & 14, 2021

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHATCOM

In Re the Estate of

HARRY A. CHRISTIANSEN,

Deceased.

NO.  20-4-00632-37

PROBATE NOTICE TO CREDITORS

RCW 11.40.030

Judge  Deborra E. Garrett                                                                       

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.  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(3); or

2. 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:

June 30, 2021

Personal Representative:

Julie Goree

c/o Nicole L. Terpstra, Attorney

709 Grover Street

Lynden, WA 98264

Attorney for the Personal Representative:    

Nicole L. Terpstra,   WSBA #32974

Nicole L. Terpstra, Attorney at Law, PLLC

709 Grover Street

Lynden, WA 98264

Address for Mailing or Service:    Nicole L. Terpstra, Attorney at Law, PLLC

709 Grover Street

Lynden, WA 98264

Published June 30, July 7 & 14, 2021

IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

Estate of

ELSA C. MYERS, Deceased.

NO.  21-4-03415-6 SEA

PROBATE NOTICE TO CREDITORS

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:  May 25, 2021

Personal Representative: Howard H. Myers, III

Attorney for Personal Representative: RoseMary Reed (WSBA #34497)

Address for Mailing or Service:

RoseMary Reed

Stokes Lawrence, P.S.

1420 5th Avenue, Suite 3000

Seattle, WA  98101-2393

Court of probate proceedings and cause no.: See above referenced cause no.

Published June 30, July 7 & 14, 2021