LEGALS- SEPTEMBER 11, 2019

LYNDEN

LEGAL

INVITATION FOR BID

CITY OF LYNDEN

INDUSTRIAL CONDENSATE STORMWATER TO FISHTRAP

City of Lynden Project Number 2015-09

Bid Date: September 26, 2019

Engineer’s Estimate: $500,000

Sealed bid proposals will be received by the City of Lynden at Lynden City Hall, 300 4th Street, Lynden, Washington, 98264, (360) 354-3446, until 1:00 p.m., on Thursday, September 26, 2019, and will then and there be opened and publicly read.

This contract provides for the construction of approximately 600 feet of new storm water improvements along Depot Rd., north of BNSF railroad tracks. Other work included is the replacement of curb, gutter, and sidewalk, removal of existing railroad tracks, and installation of a steel casing through an existing underground utility corridor. All work shall be in accordance with the Contract Plans, Special Provisions, the Standard Specifications, including the amendments thereto, and Standard Plans. All materials, equipment, labor, and other miscellaneous items required to complete the work shall be furnished by the contractor.

All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond and payment bond both in an amount of 100 percent (100%) of the contract price within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Lynden. All bidders and subcontractors shall have a contractor’s license to work in the State of Washington and a City of Lynden Business License.

Information, copies of maps, plans, specifications and addenda for this project will be available online beginning September 4, 2019 at http://www.lyndenwa.org/public-works/pw-projects/public-works-projects/ The bid documents will also be available for purchase at the Public Works Department, 2nd Floor, Lynden City Hall, 300 4th Street, Lynden, Washington 98264. A non-refundable fee of $55.00 (fifty-five dollars) will be charged for each set of bid documents. An additional $15.00 (fifteen dollar) fee will be charged for mailing. Checks should be made payable to the City of Lynden and mailed to the Public Works Department, 300 4th Street, Lynden WA 98264. Plans and specifications will be available beginning Wednesday, September 4, 2019. Contractors who download plans and specifications are advised to e-mail [email protected] to be added to the plan holders list to receive any addenda that may be issued. Questions regarding this project may be directed to Reichhardt and Ebe Engineering, Inc., 423 Front Street, Lynden, Washington, 98264, (360) 354-3687. Questions will be received and answered in accordance with Section 1-02.4(1) of the Special Provisions.

The City of Lynden reserves the right to accept a proposal of the bidder submitting the lowest responsible bid, to reject any or all bids, republish the call for bids, revise or cancel the work to be performed, or do the work otherwise, if the best interest of the City is served thereby. The City of Lynden also reserves the right to postpone the bid award for a period of thirty (30) calendar days after bid opening.

The City of Lynden in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

Bidders, prior to submittal of a bid, may attend a pre-bid conference with the Project Engineer. The meeting will start at 1:00 p.m., Thursday, September 12, 2019, in the 2nd floor conference room at the Lynden City Hall 300 4th Street, Lynden, Washington 98264. A jobsite visit may follow upon request.

CITY OF LYNDEN

Steve Banham, P.E.

Public Works Director

Published September 4 & 11, 2019

LEGAL

ORDINANCE NO. 1591

INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON SUBDIVISION AND PLANNED RESIDENTIAL DEVELOPMENT APPLICATIONS AND CERTAIN BUILDING PERMIT APPLICATIONS FOR PROPERTY LOCATED WITHIN THE PEPIN CREEK PROJECT AREA

A complete copy of this Ordinance is available during regular business hours at the Office of the City Clerk, City Hall, 300 4th Street, Lynden, Washington. The Ordinance will be mailed upon request without cost. This publication by title is made pursuant to RCW 35A.12.160.

Passed by City Council September 3, 2019.

Published September 11, 2019

LEGAL

ORDINANCE NO. 1592

AN ORDINANCE OF THE CITY OF LYNDEN, AMENDING SECTION 10.08

PARKING AND LOADING

A complete copy of this Ordinance is available during regular business hours at the Office of the City Clerk, City Hall, 300 4th Street, Lynden, Washington.The Ordinance will be mailed upon request without cost.This publication by title is made pursuant to RCW 35A.12.160.

Passed by City Council September 3, 2019.

Published September 11, 2019

LEGAL

Ordinance No. 1589

AN ORDINANCE OF THE CITY OF LYNDEN ADOPTING THE CITY OF LYNDEN SHORELINE MANAGEMENT PROGRAM UPDATE AND 2020 PERIODIC REVIEW AND REPEALING AND REPLACING OF LMC 16.08 SHORELINE MANAGEMENT

A complete copy of this Ordinance is available during regular business hours at the Office of the City Clerk, City Hall, 300 4th Street, Lynden, Washington.The Ordinance will be mailed upon request without cost.This publication by title is made pursuant to RCW 35A.12.160.

Passed by City Council September 3, 2019.

Published September 11, 2019

LEGAL

City of Lynden

Request for Qualifications (RFQ)

Consultant Engineering Services for:

City of Lynden and Northwest Washington Fair

Stormwater Improvement

City Project 2019-01

The City of Lynden Public Works Department is accepting Statements of Qualifications from qualified firms to design low impact stormwater improvements for the Northwest Washington Fairgrounds. The project scope includes Plans, Specifications and Cost Estimates (PS&E) and all permitting needed for design work, including an environmental review and a State Environmental Policy Act (SEPA) application. The selected firm will also assist the City to prepare a DOE stormwater grant application in August 2020 for construction of the design prepared under this project. The Department of Ecology is funding this project under the Stormwater Financial Assistance Program (SFAP). Qualified firms must have expertise in low-impact design for stormwater infiltration that complies with the 2014 DOE Western Washington Stormwater Manual and that applies to large acreage sites with diverse activities similar to fairgrounds. Qualified firms must have municipal experience preparing bid documents (preparing plans, specifications, and cost estimates) and all deliverables must comply with Department of Ecology publication “Design Deliverables for Stormwater Projects with Ecology Funding”

Submittals should include the following information: Firm name, phone number, applicable email addresses, name of Principal-in-Charge, Project Manager, sub-consultants and proposed employees for the project, including resumes for key project members.

All proposals (5 copies), not exceeding 15 single-sided pages, must be submitted no later than 1:00 p.m. October 1, 2019 to the City of Lynden, Department of Public Works, 300 4th Street, Lynden, WA 98264. Late submittals will not be accepted. Fax and/or electronic submittals will not be considered.

The City of Lynden reserves the right to reject any or all proposals and to waive any irregularities and/or informalities. The City of Lynden is an equal opportunity employer and encourages participation in this Request for Qualifications by all interested firms; including disadvantaged, minority-owned, women-owned and emerging small business consultant firms. Persons with disabilities may request this information be prepared in an alternate format by contacting Steve Banham at (360) 354-3446.

The selection of a consultant for this project will be made from the list of qualified consultants responding to this Request for Qualifications. All firms responding will be evaluated, scored and ranked on established project selection criteria. Firms may be interviewed prior to selection. The City will subsequently negotiate the fee with the most qualified applicant.

To obtain the full evaluation criteria requirements and to be added to the list of interested firms, contact Laura Burford at [email protected]

All questions regarding this request should be directed to:

Steve Banham, Public Works Director

City of Lynden

300 4th Street

Lynden, WA 98264

(360) 354-3446

Email [email protected]

Published September 11 & 18, 2019

EVERSON

LEGAL

CITY OF EVERSON

NOTICE OF SEPA AVAILABILITY

DETERMINATION OF NONSIGNIFICANCE  (DNS)

Notice is hereby given that on September 10, 2019 the City of Everson, acting as SEPA lead agency under RCW 43.21C, issued a Determination of Nonsignificance for the following non-project proposal:

Description of Proposal: 2019 Docket of comprehensive plan map amendments and site-specific rezones, including future zoning map amendment to establish a Residential-7500 subzone within the City’s designated urban growth area and site-specific rezones of selected commercial and residential properties in the downtown area north of Main Street.

Proponent: Randy Snider and City of Everson

Location of Proposal: Within the city limits and designated urban growth area of the city of Everson.

Determination: The lead agency has determined that this non-project proposal does not have a probable significant adverse impact on the environment.  An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c).  This decision was made after review of a completed environmental checklist and other information on file with the lead agency.  This information is available to the public upon request.

Comment Period: This DNS is issued under WAC 197-11-340 (2).  The lead agency will not act on this proposal for 14 days from the date of issuance.  Comments must be received by September 24, 2019.  A change in determination may be made upon the addition of new or conflicting information presented to the SEPA Official within the 14-day review period. Questions should be directed to the responsible official noted below.

Responsible Official: Dave Schoonover, Deputy SEPA Official, 111 W. Main St., P.O. Box 315, Everson, WA 98247.  Ph.: (360) 966-3411

Date of Issuance: September 10, 2019

Published September 11, 2019

PROBATE NOTICE TO CREDITORS

LEGAL

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHATCOM

In Re the Estate of

CHARLES R. WALTERS, SR.

Deceased.

NO. 19-4-00398-37

PROBATE NOTICE TO CREDITORS

RCW 11.40.030

Judge Robert E. Olson

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:

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: August 28, 2019

Personal Representative:

Juanita M. Walters

c/o Nicole L. Terpstra, Attorney

709 Grover Street

Lynden, WA 98264

Attorney for the Personal Representative and Address for Mailing or Service:

Nicole L. Terpstra, WSBA #32974

Nicole L. Terpstra, Attorney at Law, PLLC

709 Grover Street

Lynden, WA 98264

Published August 28 and September 4 & 11, 2019

LEGAL

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR WHATCOM COUNTY

Estate of
DIANE JOY DAS

Deceased.

NO. 1940048437

PROBATE NOTICE TO CREDITORS

JUDGE LEE GROCHMAL

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 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 4, 2019

Personal Representative: Peggy Davis

Attorney for the Personal Representative: John A. Meenk

Address for Mailing or Service: 119 7th Street, Lynden, WA 98264

Court of probate proceedings and cause number: Whatcom County Superior Court.

Dated this 28th day of August, 2019.

John A. Meenk, WSBA #29345

Published September 4, 11 & 18, 2019

LEGAL

IN THE SUPERIOR COURT OF WASHINGTON FOR WHATCOM COUNTY

In Re the Estate of:

BETTY JO COADY,

Deceased.

CASE NO.: 19-4-00475-37

PROBATE NOTICE TO CREDITORS

RCW 11.40.030

The personal representatives named below have been appointed as co-personal representatives 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 co-personal representatives or the personal representatives’ 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 representatives 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 4, 2019

Co-Personal Representative(s): Tony Coady and Joni Coady

Attorney for Administrator: Heather C. Shepherd

Address for Mailing or Service:

Shepherd and Allen

2011 Young Street, Suite 202

Bellingham, WA 98225

(360) 733-3773

Court of probate proceedings and cause number: Whatcom County Superior Court Cause No. 19-4-00475-37

DATED this 30th day of August 2019.

SHEPHERD AND ALLEN

Douglas R. Shepherd, WSBA #9514

Heather C. Shepherd, WSBA #51127

Of Attorneys for Personal Representative

Published September 4, 11 & 18, 2019

NOTICE OF TRUSTEE’S SALE

LEGAL

TS #: 19-55443

Title Order #: DS7333-19000016-F1

NOTICE OF TRUSTEE’S SALE

Grantor: MICHAEL P. DRURY AND MELISSA K. RUTLAND-DRURY, HUSBAND AND WIFE

Current beneficiary of the deed of trust: Specialized Loan Servicing LLC

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

Current mortgage servicer for the deed of trust: Specialized Loan Servicing LLC

Reference number of the deed of trust: 2030700498

Parcel Number(s): 380134-308096-0000

I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, North Star Trustee, LLC will on 10/11/2019, 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 4, Block 2, Gooseberry Point, a Plat.

Lot 4, Block 2, “Plat of Gooseberry Point” Whatcom County, Washington, as per the Map thereof, recorded in Book 7 of Plats, Page 90, in the Auditor’s Office of said County and State.

Situate of Whatcom County, Washington

Commonly known as:

2609 HAXTON WAY (NKA 2609 Lummi View Drive)

BELLINGHAM, Washington 98226

which is subject to that certain Deed of Trust dated 6/20/2003, recorded 7/2/2003, as Instrument No. 2030700498, records of Whatcom County, Washington, from MICHAEL P. DRURY AND MELISSA K. RUTLAND-DRURY, HUSBAND AND WIFE, as Grantor(s), to CHICAGO TITLE INSURANCE COMPANY, as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc. (“MERS”), as designated nominee for Capitol Commerce Mortgage Co., beneficiary of the security instrument, its successors and assigns, as Beneficiary, the beneficial interest in which was assigned to Specialized Loan Servicing LLC, under an Assignment recorded under Auditor’s File No. 2017-0101194.

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

Total Monthly Payments Due: TOTAL

July 01, 2018 – June 03, 2019 $14,361.49

Negative Escrow Balance: $2,050.57

Corporate Advances: $1,936.53

Legal Fees: $619.85

PROMISSORY NOTE INFORMATION

Note Dated: 6/20/2003

Note Amount: $192,000.00

Interest Paid To: 6/1/2018

Next Due Date: 7/1/2018

IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $155,648.23, together with interest as provided in the note or other instrument secured from 6/1/2018, 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 10/11/2019. The default(s) referred to in Paragraph III must be cured by 9/30/2019, (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 9/30/2019 (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 9/30/2019 (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:

NAME

ADDRESS

MELISSA K. RUTLAND-DRURY

2609 HAXTON WAY

BELLINGHAM, WA 98226

MELISSA K. RUTLAND-DRURY

2609 LUMMI VIEW DR

BELLINGHAM, WA 98226

MELISSA K. RUTLAND-DRURY

P.O. BOX 29498

BELLINGHAM, WA 98228-1498

MICHAEL P. DRURY

2609 HAXTON WAY

BELLINGHAM, WA 98226

MICHAEL P. DRURY

2609 LUMMI VIEW DR

BELLINGHAM, WA 98226

MICHAEL P. DRURY

P.O. BOX 29498

BELLINGHAM, WA 98228-1498

by both first class and certified mail on 4/4/2019, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served 4/4/2019, 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.

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: 06/07/2019

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: (800)315-4757

EPP 29161

Published September 11 and October 2, 2019

SUMMONS BY PUBLICATION

LEGAL

IN THE SUPERIOR COURT OF WASHINGTON FOR THE

COUNTY OF WHATCOM

HERITAGE BANK, a state chartered bank,

Plaintiff,

vs.

JEASUNG KIM; and the marital community composed of JEASUNG KIM and JANE DOE KIM;

Defendants.

Case No. 19-2-01591-37

SUMMONS BY PUBLICATION

THE STATE OF WASHINGTON TO THE SAID Jeasung Kim, and the marital community composed of Jeasung Kim and Jane Doe Kim:

You are hereby summoned to appear within sixty (60) days after the date of first publication of this summons, to wit, within sixty (60) days after the 4th day of September, 2019, and defend the above entitled action in the above entitled court, and answer the complaint of Heritage Bank (“Plaintiff”). You are asked to serve a copy of your answer or responsive pleading upon the undersigned attorneys for Plaintiff at its office stated below. 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.

The purpose of this lawsuit is to obtain judgment for the breach of the contract entered into by Defendants with Plaintiff.

Dated: August 29, 2019.

SCHWEET LINDE & COULSON, PLLC

Michael D. Bohannon, WSBA #14274

Michael M. Sperry, WSBA #43760

Attorneys for Plaintiff

575 South Michigan Street

Seattle, WA 98108

County of King

P (206) 275-1010 F (206) 381-0101

Published September 4, 11, 18, 25 and October 2 & 9, 2019