Legals- October 31, 2018

FERNDALE

NOTICE OF PUBLIC HEARING

The City of Ferndale Planning Commission will hold three public hearings to consider the proposed comprehensive plan amendments 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 Planning Commission meeting will be held beginning at 7:00 p.m. on Wednesday, November 14, 2018 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 Planning Commission. 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) 685-2367.
DATE OF NOTICE OF PUBLIC HEARING: October 31, 2018
APPLICANT: City of Ferndale
APPLICATION NUMBER: 18002-CPA, 18011-SE
PROJECT LOCATION: Various Locations – Citywide
PROJECT DESCRIPTION:
1. Donna Lane/ Thornton Street: The proposed change would affect two parcels. The land use designation for one ~4.45 acre parcel would change from Commercial to Low Density Residential, with an associated rezone, and one ~5.2 acre parcel would change from Low Density Residential to Commercial, also with an associated rezone.
2. Repeal of Outdated Floodway Designation: In the 1980’s the City of Ferndale adopted a Floodway land use designation and a corresponding Floodway zone. These designations were established prior to, and separate from, FEMA designations with identical naming conventions. The City’s Floodway designations are within the 100-Year Floodplain but do not reflect FEMA modeling for the floodway. As proposed, the City’s designations would be removed and the underlying properties would be rezone based on the adjacent zoning. The City’s Floodplain Management (Ferndale Municipal Code 15.24) regulations would continue to apply, and the City would continue to use the most updated FEMA Flood Insurance Rate Maps to limit development within the 100-Year Floodplain.
3. South Portal Way (Change from Commercial to High Density Residential land use designation, and associated rezones for approximately twenty acres of land): Properties that had previously provided frontage along Highway 99 through Ferndale at the south end of Portal Way just north of the Nooksack River have been designated for commercial purposes since the advent of Ferndale’s zoning in the 1970’s. The construction of Interstate Five removed this highway frontage, resulting in a dead-end street with little potential for commercial uses. The proposed comprehensive plan change would change the underlying land use designation and zoning from Commercial to High Density Residential.
REQUESTED ACTION(S): The applicant requests approval by the City of Ferndale for the amendments to the Comprehensive Plan and associated rezones.
PUBLIC COMMENT PERIOD: October 31, 2018 – November 14, 2018
CONTACT: Jori Burnett
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367

Published October 31, 2018

NOTICE OF PUBLIC HEARING

The City of Ferndale Planning Commission will hold a public hearing to consider a proposed rezone request as 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 Planning Commission meeting will be held beginning at 7:00 p.m. on Wednesday, November 14, 2018 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 Planning Commission. 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) 384-4006.
DATE OF NOTICE OF PUBLIC HEARING: October 31, 2018
APPLICANT: City of Ferndale, Property Owners
APPLICATION NUMBER: 18001-REZ
PROJECT LOCATION: Within the 5500 block of Nordic Way generally south of and west of LaBounty Drive.
PROJECT DESCRIPTION: Rezone approximately forty acres in the vicinity of Nordic Way and LaBounty Drive from Mixed Use Commercial to General Business zoning. As proposed, tax parcels 390229458350, 390229531343, 390229500328, 390229500310, 390229538368, 390229570378, 390228030280, 390228061243, and 390228049241 would be rezoned.
REQUESTED ACTION(S): The Planning Commission is expected to make a recommendation to the City Council following the public hearing.
PUBLIC COMMENT PERIOD: October 31, 2018 – November 14, 2018
CONTACT: Jori Burnett
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367

Published October 31, 2018

NOTICE OF APPLICATION AND INTENT TO ISSUE A DETERMINATION OF NON-SIGNIFICANCE

The City of Ferndale has received application(s) from the applicant referenced below for a proposed land use action within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Determination of Non-Significance (DNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposal and receive copies of the subsequent Threshold Determination (the DNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: City of Ferndale
APPLICATION NUMBER: 18011-SE, 18002-CPA
DATE OF APPLICATION: October 17, 2018
PROJECT LOCATION: Various/Citywide
PROJECT DESCRIPTION: City of Ferndale 2018 Comprehensive Plan Amendment Docket:
Donna Lane/ Thornton Street: The proposed change would affect two parcels. The land use designation for one ~4.45 acre parcel would change from Commercial to Low Density Residential, with an associated rezone, and one ~5.2 acre parcel would change from Low Density Residential to commercial, also with an associated rezone.
Repeal of Outdated Floodway Designation: In the 1980’s the City of Ferndale adopted a Floodway land use designation and a corresponding Floodway zone. These designations were established prior to, and separate from, FEMA designations with identical naming conventions. The City’s Floodway designations are within the 100-Year Floodplain but do not reflect FEMA modeling for the floodway. As proposed, the City’s designations would be removed and the underlying properties would be rezone based on the adjacent zoning. The City’s Floodplain Management (Ferndale Municipal Code 15.24) regulations would continue to apply, and the City would continue to use the most updated FEMA Flood Insurance Rate Maps to limit development within the 100-Year Floodplain.
South Portal Way (Change from Commercial to High Density Residential land use designation, and associated rezones for approximately twenty acres of land): Properties that had previously provided frontage along Highway 99 through Ferndale at the south end of Portal Way just north of the Nooksack River have been designated for commercial purposes since the advent of Ferndale’s zoning in the 1970’s. The construction of Interstate Five removed this highway frontage, resulting in a dead-end street with little potential for commercial uses. The proposed comprehensive plan change would change the underlying land use designation and zoning from Commercial to High Density Residential.
REQUESTED ACTION(S): The applicant requests approval by the City of Ferndale for a SEPA Determination, Comprehensive Plan Map Amendment, and associated Rezones
THE CITY INTENDS TO ISSUE A: Determination of Non-Significance
PUBLIC COMMENT PERIOD: October 31, 2018 – November 14, 2018
CONTACT: Jori Burnett
[email protected]
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Comprehensive Plan Map Amendment, City of Ferndale
3. Rezones, City of Ferndale
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment, and no mitigation measures are required. Project-specific mitigation measures may be identified at the time of development review.

Published October 31 and November 7, 2018

NOTICE OF TRUSTEE’S SALE

Grantor of Deed of Trust: Donna A. Seifert / The Heirs and/or Devisees of the Estate of Donna Seifert
Current Beneficiary of Deed of Trust: Leslie Willoughby
Current Trustee of Deed of Trust: Gregory E. Thulin
Current Mortgage Servicer of DT: Leslie Willoughby
Abbreviated legal description: Lot 2, Amended Birch SP
Tax Parcel Number / PID: 400122 020294 0000 / PID 117894
NOTICE OF TRUSTEE’S SALE
I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on November 30, 2018, at the hour of 10:00 a.m., in the lobby of the Whatcom County Courthouse, 311 Grand Avenue, 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 Whatcom County, State of Washington, to wit:
Lot 2 of “Birch Short Plat,” a portion of the Northwest quarter of Section 22, Township 40 North, Range 1 East of W.M., as per the plat thereof, recorded July 31, 1979, in Book 4 of short plats, page 1, under Auditor’s File No. 1331317, and amended November 15, 1979, under Auditor’s File No. 1342055, Whatcom County records.
Situate in Whatcom County, Washington.
Parcel B: Easement for ingress, egress and utilities over a 60 foot wide strip on portions of Lots 3 and 4 as delineated on “Birch Short Plat,” a portion of the Northwest quarter of Section 22, Township 40 North, Range 1 East of W.M., as per the plat thereof, recorded July 31, 1979, in Book 4 of short plats, page 1, under Auditor’s File No. 1331317, and amended November 15, 1979, under Auditor’s File No. 1342055, Whatcom County records.
Situate in Whatcom County, Washington.
Said property is commonly known as 3684 Birch Terrace Drive, Custer, Washington 98240.
The above-described property is subject to that certain Deed of Trust dated September 9, 2013, recorded on September 9, 2013, under Auditor’s File No. 2130900800, records of Whatcom County, Washington, from Donna Seifert, as Grantor, to First American Title Insurance Company, as Trustee, to Leslie Willoughby, as Beneficiary.
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 defaults for which this foreclosure is made are as follows:
A. Defaults Other Than Payment of Money: None.
B.Failure to pay when due the following amounts, which are now in arrears:
Principal balance due 10-12-16
$37,646.00
Default interest @ 12% per annum 10-12-16 – 8-30-18 ($12.376 p/diem) $8,502.31
Total $46,148.31
IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $37,646.00, together with interest as provided in the Note or other instrument secured from 10-12-16, 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 November 28, 2018. The defaults referred to in paragraph III must be cured by November 19, 2018 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before November 19, 2018 (11 days before the sale date), 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 after November 19, 2018 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire principal balance 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 by curing all other defaults.
VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor or to the Grantor’s successor in interest at the following address:
Donna A. Seifert and the Estate of Donna
Seifert, Probate No. 17-4-00107-8
c/o Miles Seifert, Personal Representative
3684 Birch Terrace Drive
Custer, WA 98240
Tenant or Occupant
3684 Birch Terrace Drive
Custer, WA 98240
Heirs, Successors and Assigns of
Donna A. Seifert, Deceased
3684 Birch Terrace Drive
Custer, WA 98240
by both first class and certified mail on July 19, 2018, proof of which is in the possession of the Trustee; and the written Notice of Default was posted in a conspicuous place on the real property described in paragraph I above on July 20, 2018, 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 of their interest in the above-described property.
IX. 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.
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 and 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.
If you are a servicemember or a dependent of a servicemember, you may be entitled to certain protections under the federal Servicemember Civil Relief Act and any comparable state laws regarding the risk of foreclosure. If you believe you may be entitled to these protections, please contact our office immediately.
DATED this 27th day of August, 2018.
Gregory E. Thulin, Successor Trustee
Law Offices of Gregory E. Thulin, P.S.
2200 Rimland Drive, Suite 115
Bellingham, WA 98226-6643

Published October 31 and November 21, 2018