ORDINANCE NO. 486
DOVER AREA OF CITY IMPACT MAP
AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE ADOPTION OF AND LEGAL DESCRIPTION FOR THE DOVER AREA OF CITY IMPACT WITHIN THE UNINCORPORATED AREA OF BONNER COUNTY, PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the cities of Dover, Sandpoint and Bonner County desire to establish areas of city impact pursuant to the provisions of Idaho Code S67-6526; and
WHEREAS, the City of Dover, City of Sandpoint, and Bonner County were engaged in litigation to establish the City of Dover Area of City Impact (First District Court Civil Case No. CV 95-01111) due to overlapping interests; and
WHEREAS, the parties entered into a "Memorandum of Understanding and Settlement Agreement," dated May 24, 2001, to resolve the boundary lines of the areas of city impact; and
WHEREAS, the parties stipulated to certain maps designated as exhibits which are to govern the establishment of the boundaries of the disputed areas of the Areas of City Impact for Dover and Sandpoint; and
WHEREAS, the cities have delivered to Bonner County legal descriptions and maps depicting the stipulated boundaries of the areas of city impact and Bonner County desires to adopt ordinances creating the boundaries consistent with the settlement agreement.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners that the following be and is hereby adopted as an ordinance of Bonner County, Idaho:
SECTION 1: AUTHORITY AND PURPOSE
This ordinance is adopted pursuant to authority granted to Bonner County at Chapter 65 of Title 67, Idaho Code and pursuant to the provisions of the Areas of City Impact Negotiation Procedures of Idaho Code S67-6526(b) and the terms of the settlement agreement to identify an area that has the potential for development that could affect the provisions of service or quality of life in Dover, Idaho.
SECTION 2: ESTABLISHING THE DOVER AREA OF CITY IMPACT
The official Dover Area of City Impact Map is hereby adopted, providing an area of city impact map to include within the unincorporated area of Bonner County the following described lands:
LEGAL DESCRIPTION OF DOVER AREA OF CITY IMPACT:
A Tract of land lying in a portion of Sections 19, 20, 21, 28, 29, 30 31, 32 and 33 of Township 57 North, Range 2 West, Boise Meridian, and Sections 1, 12, 13, 14, 22, 23, 24, 25, 26, 27, 35 and 36 of Township 57 North, Range 3 West, Boise Meridian, all in Bonner County, Idaho, more particularly described as follows:
BEGINNING at the Southwest Corner of Section 27 of Township 57 North, Range 3 West, Boise Meridian; Thence, North 00°23'55" East, 5346.18 feet, along the West Line of said Section 27, to the Northwest Corner thereof, said Corner also being the Southwest Corner of the above-mentioned Section 22;
Thence, North 00°17'57" East, 5276.92 feet, along the West Line of said Section 22, to the Northwest Corner thereof;
Thence, South 89°33'03" East, 5301.33 feet, along the North Line of said Section 22, to the Northeast Corner thereof, said Corner also being the Southwest Corner of the above-mentioned Section 14;
Thence, North 00°06'11" East, 5247.97 feet, along the West Line of said Section 14, to the Northwest Corner thereof;
Thence, South 89°26'35" East, 5190.60 feet, along the North Line of said Section 14, to the Northeast Corner thereof, said Corner also being the Southwest Corner of the above-mentioned Section 12;
Thence, North 00°20'40" East, 5244.14 feet, along the West Line of said Section 12, to the Northwest Corner thereof, said Corner also being the Southwest Corner of the above-mentioned Section 1;
Thence, North 00°19'24" East, 3934.81 feet, along the West Line of said Section 1, to the Southwest Corner of Government Lot 5 of said Section 1;
Thence, South 89°29'03" East, 5295.00 feet, along the South Line of Government Lots 5, 6, 7, and 8, of said Section 1, to the Southeast Corner of said Government Lot 8;
Thence, South 00°20'57" West, 3987.17 feet, along the East Line of said Section 1, to the Southeast Corner thereof, said Corner also being the Northeast Corner of the above-mentioned Section 12;
Thence, South 00°09'48" West, 5241.35 feet, along the East Line of said Section 12, to the Southeast Corner thereof, said Corner also being the Northeast Corner of the above-mentioned Section 13;
Thence, South 00°39'21" West, 5308.92 feet, along the East Line of said Section 13, to the Southeast Corner thereof, said Corner also being the Northwest Corner of the above-mentioned Section 19, Township 57 North, Range 2 West;
Thence, North 89°34'01" East, 2444.12 feet, along the North Line of said Section 19, to the North Quarter (N_) Corner of said Section 19;
Thence, North 89°19'48" East, 2616.64 feet, along the North Line of said Section 19, to the Northeast Corner thereof, said Corner also being the Northwest Corner of the above-mentioned Section 20;
Thence, South 00°12'56" West, 1318.78 feet, along the West Line of said Section 20, to the Northwest Corner of the Southwest Quarter of the Northwest Quarter (SW_NW_) of said Section 20;
Thence, South 89°28'15" East, 330.59 feet, along the North Line of said SW_NW_, to the Northeast Corner thereof, said Corner being on the existing Boundary of the Corporate Limits of the City of Dover;
Thence, Southerly, Easterly, Northerly and Westerly, along said Boundary Line, the following seventy-one (71) described courses:
1. South 00°08'40" West, 650.78 feet,
2. South 89°51'20" East, 327.70 feet,
3. South 00°08'40" West, 619.10 feet,
4. North 89°16'21" West 656.68 feet,
5. North 00°04'13" East, 1265.42 feet,
6. Thence North 89°47'04" West, 313.81 feet on the South Line of West Pine Street,
7. Thence along a non-tangent 1965.68 foot radius curve (the chord of which bears South 82°19'15" West, 414.49 feet) through a central angle of 12°06'15" an arc distance of 415.26 feet,
8. South 63°00'19" West, 54.55 feet,
9. Thence along a 300.85 foot radius curve (the chord of which bears South 27°31'47" West, 218.49 feet) through a central angle of 42°35'00", an arc distance of 223.60 feet,
10. Thence along a reverse 310.61 foot radius curve (the chord of which bears South 71°00'03" West, 215.41 feet) through a central angle of 45°05'52" an arc distance of 220.27 feet,
11. Thence along a compound 791.46 foot radius curve (the chord of which bears South 73°42'01" West, 607.00 feet) through a central angle of 39°41'55" an arc distance of 622.96 feet,
12. Thence along a reverse 154.01 foot radius curve (the chord of which bears South 79°16'40" West, 60.03 feet) through a central angle of 22°28'34" an arc distance of 60.42 feet,
13. South 60°13'39" West, 249.10 feet,
14. South 07°03'53" East, 489.59 feet,
15. South 89°28'46" West, 845.46 feet,
16. North 00°02'54" West, 1288.63 feet,
17. North 89°47'05" West, 1253.77 feet,
18. South 00°12'56" West, 1308.19 feet,
19. South 89°19'30" West, 1196.19 feet,
20. South 00°35'08" West, 2603.36 feet,
21. North 88°59'24" East, 1096.93 feet,
22. South 01°16'13" East, 596.09 feet,
23. South 89°55'40" West, 105.48 feet,
24. South 05°18'01" East, 33.12 feet,
25. South 02°26'14" East, 300.56 feet,
26. South 29°18'05" East, 88.02 feet,
27. Thence along a 362.24 foot radius curve (the chord of which bears South 35°01'46" East, 86.11 feet) through a central angle of 13°39'29" an arc distance of 86.32 feet,
28. South 41°19'58" East, 133.68 feet,
29. Thence along a non-tangent 324.98 foot radius curve (the chord of which bears South 24°07'05" East, 191.43 feet) through a central angle of 34°15'30" an arc distance of 194.31 feet,
30. South 10°32'55" East, 133.41 feet,
31. South 89°55'39" West, 1296.49 feet,
32. South 00°17'05" East, 1179.30 feet,
33. North 89°38'12" East, 974.00 feet,
34. South 01°20'14" East, 1546.73 feet,
35. North 89°55'40" East, 138.79 feet,
36. South 00°04'20" East, 190.70 feet,
37. South 89°10'39" West, 133.13 feet,
38. South 00°04'20" East, 614.85 feet,
39. South 89°10'39" West, 626.33 feet,
40. South 00°09'09" East, 1361.88 feet,
41. South 85°18'08" East, 213.70 feet,
42. South 72°09'09" East, 666.66 feet,
43. South 44°27'11" East, 466.66 feet,
44. South 87°18'07" East, 400.00 feet,
45. South 51°27'09" East, 399.99 feet,
46. North 85°17'52" East, 466.66 feet,
47. South 48°18'10" East, 399.99 feet,
48. South 63°09'08" East, 799.99 feet,
49. North 80°59'51" East, 433.32 feet,
50. South 40°27'10" East, 399.99 feet,
51. South 71°27'07" East, 599.99 feet,
52. South 14°18'28" East, 66.67 feet,
53. South 77°08'54" West, 200.00 feet,
54. South 17°59'53" West, 200.00 feet,
55. North 74°50'51" East, 66.66 feet,
56. North 70°53'54" East, 312.14 feet,
57. North 48°56'02" East, 277.76 feet,
58. South 79°01'50" East, 725.99 feet,
59. North 85°25'15" East, 1122.00 feet,
60. North 29°58'05" East, 198.00 feet,
61. North 08°07'16" East, 263.99 feet,
62. North 14°01'40" West, 131.99 feet,
63. North 31°28'38" West, 475.00 feet,
64. North 06°58'08" East, 792.01 feet,
65. North 02°57'18" East, 181.44 feet,
66. North 47°07'11" East, 1518.00 feet,
67. North 65°44'36" East, 1254.76 feet,
68. South 65°52'20" East, 1107.23 feet,
69. North 05°30'45" East, 1017.04 feet,
70. North 30°36'00" East, 785.82 feet,
71. North 67°26'59" East, 485.22 feet,
Thence, South 00°00'00" East, 3376.78 feet, to a point on the Centerline of Pend Oreille River;
Thence, Westerly, along the Centerline of said Pend Oreille River, the following Thirty-Four (34) described courses:
1. South 81°36'32" West, 198.16 feet,
2. South 32°03'02" West, 601.72 feet,
3. North 80°07'14" West, 731.22 feet,
4. South 42°10'12" West, 1282.48 feet,
5. South 65°46'35" West, 1333.43 feet,
6. South 31°44'04" West, 1156.50 feet,
7. North 83°13'33" West, 1069.82 feet,
8. North 88°23'52" West, 1147.89 feet,
9. North 70°06'11" West, 544.81 feet,
10. North 48°16'30" West, 522.01 feet,
11. North 41°39'16" West, 348.39 feet,
12. North 89°54'00" West, 508.95 feet,
13. North 55°51'04" West, 1312.23 feet,
14. South 89°38'38" West, 545.66 feet,
15. North 57°10'39" West, 359.26 feet,
16. South 87°37'51" West, 340.26 feet,
17. North 54°01'53" West, 488.61 feet,
18. North 73°22'33" West, 481.58 feet,
19. North 64°14'03" West, 860.24 feet,
20. North 86°47'38" West, 759.84 feet,
21. North 48°18'51" West, 704.51 feet,
22. South 85°08'44" West, 458.25 feet,
23. North 81°38'45" West, 1635.77 feet,
24. South 59°05'57" West, 214.50 feet,
25. North 63°25'14" West, 1165.26 feet,
26. South 83°36'31" West, 329.67 feet,
27. North 62°35'05" West, 2519.12 feet,
28. North 59°03'07" West, 642.17 feet,
29. North 75°28'41" West, 848.02 feet,
30. North 51°47'12" West, 797.06 feet,
31. South 76°50'49" West, 1034.88 feet,
32. South 57°28'15" West, 1456.63 feet,
33. South 32°29'58" West, 526.55 feet,
34. South 63°07'47" West, 227.16 feet, to a point of Intersection with the South Line of Section 27 of Township 57 North, Range 3 West;
Thence, leaving the Centerline of said Pend Oreille River, North 89°08'26" West, 3592.65 feet, along the South Line of said Section 27, to the TRUE POINT OF BEGINNING, containing approximately 7,061 acres.
TOGETHER WITH a parcel of land in the Southwest Quarter of section 20 and the Northwest Quarter of section 29 more particularly describe as follows:
Beginning at the Southwest corner of section 20, North 00°06'02" East, 1325.94 feet, along the West line of said section 20,
Thence, South 89°41'28" East, 2627.25 feet, to the Northeast corner of the Southeast Quarter of the Southwest Quarter of said section 20,
Thence, South 89°42'15" East, 1962.89 feet,
Thence, South 00°01'08" East, 1191.06 feet, to the Northwest corner of Lot 1 of the Plat of Indian Ridge,
Thence, Northerly, Easterly, and Southerly, along the Boundary Line of said Plat, the following six (6) described courses:
1. South 89°51'20" East, 179.58 feet,
2. North 00°08'40" East, 123.91 feet, to a point on the South line of said section 20,
3. Thence along said section line, South 89°49'49" East, 59.71 feet,
4. Thence leaving said section line, North 00°08'40" East, 187.84 feet,
5. South 89°51'20" East, 362.55 feet,
6. South 00°21'55" East, 188.00 feet, to a point on the South line of said section 20;
Thence, South 89°49'49" East, 60.40 feet, along said south line to the Southeast corner of said section 20,
Thence, South 01°02'40" East, 1241.93 feet, along the East line of section 29 to the Northeast corner of Southeast Quarter of the Northeast Quarter of said section 29,
Thence, South 89°25'48" West, 5266.26 feet, to the Southwest corner of the Northwest Quarter of the Northwest Quarter of said section 29,
Thence, North 00°34'16" West, 1309.39 feet, along the West line of said section 29, to the Northwest corner of said section 29, to the TRUE POINT OF BEGINNING, containing approximately 295.31 acres.
Total acreage for the ACI is approximately 7,356.31 acres.
SECTION 3. EFFECT OF ADOPTION OF MAP
That the Dover Area of City Impact within the unincorporated area of Bonner County, Idaho as particularly described in Section 2 above and also set forth on the map attached as Exhibit A, "Area of City Impact Boundary for City of Dover," and incorporated herein by reference shall be in effect until amended or modified as allowed by law.
SECTION 4. ADMINISTRATIVE JURISDICTION
That the administrative jurisdiction of the plans and ordinances which apply to the Dover Area of City Impact delineated by the map incorporated herein shall be the duty of Bonner County, Idaho, which shall apply the same plans and ordinances for the unincorporated areas of the County lying within the area of city impact as those areas lying outside the area of city impact, until amended or modified as allowed by law.
SECTION 5. SEVERABILITY CLAUSE:
The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.
SECTION 6. PUBLICATION EFFECTIVE DATE:
This Ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonner County Daily Bee newspaper.
Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 2nd day of January, 2007, upon the following roll call vote:
Chairman Joseph E. Young: Aye
Commissioner Karl J. Dye: Aye
Commissioner Marcia L. Phillips: Aye
BONNER COUNTY BOARD OF COMMISSIONERS
/s/Chairman Joseph E. Young
/s/ Commissioner Karl J. Dye
/s/ Commissioner Marcia L. Phillips
ATTEST:
Marie Scott, Clerk Legal SNP# 8352
January 9, 2007
ORDINANCE NO. 485
SANDPOINT AREA OF CITY IMPACT MAP
AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE ADOPTION OF AN AMENDED MAP AND LEGAL DESCRIPTION FOR THE SANDPOINT AREA OF CITY IMPACT WITHIN THE UNINCORPORATED AREA OF BONNER COUNTY, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREIN, PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the cities of Dover, Sandpoint and Bonner County desire to establish areas of city impact pursuant to the provisions of Idaho Code S67-6526; and
WHEREAS, the City of Dover, City of Sandpoint, and Bonner County were engaged in litigation to establish the City of Dover Area of City Impact (First District Court Civil Case No. CV 95-01111) due to overlapping interests; and
WHEREAS, the parties entered into a "Memorandum of Understanding and Settlement Agreement," dated May 24, 2001, to resolve the boundary lines of the areas of city impact; and
WHEREAS, the parties stipulated to certain maps designated as exhibits which are to govern the establishment of the boundaries of the disputed areas of the Areas of City Impact for Dover and Sandpoint; and
WHEREAS, the cities have delivered to Bonner County legal descriptions and maps depicting the stipulated boundaries of the areas of city impact and Bonner County desires to adopt ordinances creating the boundaries consistent with the settlement agreement.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners that the following be and is hereby adopted as an ordinance of Bonner County, Idaho:
SECTION 1: AUTHORITY
This ordinance is adopted pursuant to authority granted to Bonner County at Chapter 65 of Title 67, Idaho Code and pursuant to the provisions of the Areas of City Impact Negotiation Procedures of Idaho Code S67-6526(b) and the terms of the settlement agreement.
SECTION 2: AMENDING THE SANDPOINT AREA OF CITY IMPACT
The official Sandpoint Area of City Impact Map is hereby adopted, providing an amended area of city impact map to include within the unincorporated area of Bonner County the following described lands:
LEGAL DESCRIPTION OF SANDPOINT AREA OF CITY IMPACT:
The legal description of the Sandpoint Area of City Impact shall be:
Beginning at a point that is 50 feet north of the section line between Sections 10 and 3 and the thread of Sand Creek, Township 57 North, Range 2 West, Boise Meridian. This being the true point of beginning and the current intersection of the City limits of Sandpoint and Ponderay.
Thence northerly along said thread of Sand Creek to the north line of Section 3, Township 57 North, Range 2 West, Boise Meridian.
Thence continuing northerly along said thread of Sand Creek to the intersection of the north section line of Section 26, Township 58 North, Range 2 West, Boise Meridian.
Thence west along said north section line to the northwest corner of the east half of the northwest quarter of Section 26, Township 58 North, Range 2 West, Boise Meridian.
Thence south to the southwest corner of the east half of the northwest quarter.
Thence west to the center of Section 27, Township 58 North, Range 2 West, Boise Meridian.
Thence south to the south quarter corner of Section 34, Township 58 North, Range 2 West, Boise Meridian.
Thence west to the northwest corner of Section 5, Township 57 North, Range 2 West, Boise Meridian.
Thence south along the west line of said Section 5 to the southwest corner of Section 5.
Thence west along the north line of Section 7 to the northwest corner of Section 7, Township 57 North, Range 2 West, Boise Meridian.
Thence south along the west line of said Section 7 to the southwest corner of Section 18, Township 57 North, Range 2 West, Boise Meridian
Thence east along the south line of said Section 18 to the southeast corner of Section 18 and the northwest corner of Section 20, Township 57 North, Range 2 West, Boise Meridian.
Thence south along the west line of said Section 20 to the southwest corner of the northwest quarter of the northwest quarter of Section 20.
Thence east to the southeast corner of the northwest quarter of the northwest quarter.
Thence south to the southwest corner of the southeast quarter of the northwest quarter.
Thence south 25 feet more or less to the south right-of-way line of Pine Street.
Thence east 1,780 feet more or less along said right-of-way line to a point on the northwest corner of a lot described as a warranty deed dated May 9, 1974 recorded as Bonner County instrument #157391.
Thence south 0 degrees 5 minutes east 264.4 feet according to a warranty deed dated May 9, 1974 recorded as Bonner County instrument #157391.
Thence south 25 degrees 5 minutes east a distance of 81.3 feet, according to a warranty deed dated May 9, 1974 recorded as Bonner County instrument #157391.
Thence south 0 degrees 5 minutes east a distance of 50 feet according to a warranty deed dated May 9, 1974 recorded as Bonner County instrument #157391.
Thence south 0 degrees 5 minutes east a distance of 300 feet according to a warranty dated October 18, 1976 recorded as Bonner County instrument #180423.
Thence south 89 degrees 54 minutes east a distance of 182.6 feet according to a warranty deed dated October 18, 1976 recorded as Bonner County instrument #180423.
Thence south 0 degrees 5 minutes east a distance of 180 feet according to a warranty dated March 2, 1987 recorded as Bonner County instrument #331854.
Thence south 44 degrees 0 minutes east a distance of 250.8 feet according to a warranty dated Mach 2, 1987 recorded as Bonner County instrument #331854.
Thence south 89 degrees 54 minutes east a distance of 248.7 feet according to a warranty dated Mach 2, 1987 recorded as Bonner County instrument #331854.
Thence on a 500 foot radius curve to the right a distance of 314.6 feet. Thence north 13 degrees 13 minutes west a distance of 403.3 feet. Thence on a 400 foot radius curve to the left a distance of 224.9 feet. Thence North 45 degrees 26 minutes west a distance of 81.7 feet. Thence on a 90 foot radius curve to the right a distance of 139.1 feet. Thence north 43 degrees 9 minutes west 22.5 feet to the south right-of-way line of Pine Street.
Thence east along the south right-of-way line of Pine Street to a point 25 feet south of the northeast corner of the southeast quarter of Section 20, Township 57 North, Range 2 West, Boise Meridian.
Thence south along the east line of said Section 20 to the southeast corner of the northeast quarter of the northeast quarter of the southeast quarter of Section 20.
Thence west along the south line of the north half of the northeast quarter to the center of the northeast quarter of the southeast quarter of said Section 20.
Thence north to the northeast corner of the south half of the northwest quarter of the northeast quarter of the southeast quarter of said Section 20.
Thence west to the southwest corner of the north half of the northwest quarter of the northeast quarter of the southeast quarter according to a warranty deed dated March 12, 1998 instrument #520603.
Thence south along the north south centerline of the southeast quarter of said Section 20 approximately 690 feet to the northeast corner of the City of Sandpoint Water Tank property, according to a Correction Deed dated August 14, 1979 Instrument #218119.
Thence west 174.90 feet; thence south 200 feet; thence east 25 feet to the northwest corner of Syringa Heights Water Association property as recorded on Page 112, book 128 Deeds Bonner County, Idaho.
Thence south 100 feet to the east/west centerline of the southeast quarter of Section 20, Township 57 North, Range 2 West, Boise Meridian.
Thence east to the north/south centerline of the east half of the southeast quarter of said Section 20.
Thence south along said centerline to the northwest corner of Lot 1 of the Indian Ridge Subdivision to Bonner County according to a plat recorded March 27, 1973 as Instrument #147961, on Page 77 Book #3 of Plats
Thence south 89 degrees 57 minutes 32 seconds east 180.1 feet along north line of said Lot 1 of the Indian Ridge Subdivision to the northeast corner of said Lot 1.
Thence south 0 degrees 18 minutes 26 seconds east 120.8 feet to the southeast corner of said Lot 1.
Thence north 89 degrees 57 minutes 32 seconds east 60.00 feet according to plat recorded as Bonner county Instrument #147961 to the southwest corner of Lot 2 of said Indian Ridge Subdivision.
Thence north 0 degrees 18 minutes 26 seconds west 181.5 feet to the northwest corner of said Lot 2.
Thence north 89 degrees 57 minutes 32 seconds east 420 feet to the east line of said Section 20.
Thence north along said section line to a point that is 200 feet south of the east/west centerline of the southwest quarter of Section 21, Township 57 North, Range 2 West, Boise Meridian.
Thence east 300 feet to a point which is 200 feet south of the of the east/west center line of the southwest quarter of said Section 21, according to a warranty deed dated August 13, 1981 recorded as Bonner county instrument #245990.
Thence north 200 feet to the east/west centerline of the southwest quarter of said Section 21, according to a warranty deed dated August 13, 1981 recorded as Bonner county instrument #245990.
Thence east along said line to the north /south centerline of the southwest quarter of said Section 21.
Thence north to a point which is 25 feet south of the east/west centerline of said Section 21, which is the south right-of-way line of Pine Street.
Thence east along said right-of-way line the intersection of the thread of Big Chuck's Slough.
Thence south along said thread of Big Chuck's Slough to the intersection of the existing City of Sandpoint limits.
And
Beginning at a point which is north 508 feet more or less from the south section line of Section 21, Township 57 North, Range 2 West, Boise Meridian and the intersection of the thread of Big Chuck's Slough and the existing City of Sandpoint limits.
Thence in a southerly direction along the thread of Big Chucks Slough to the meander line of the Pend Oreille River.
Thence along the meander line in an easterly direction to the north/south centerline of Section 28, Township 57 North, Range 2 West, Boise Meridian. This being the current City limits of Sandpoint.
SECTION 3. EFFECT OF ADOPTION OF MAP
That the Sandpoint Area of City Impact within the unincorporated area of Bonner County, Idaho as particularly described in Section 2 above and also set forth on the map attached as Exhibit A, "Sandpoint Area of City Impact," and incorporated herein by reference shall be in effect until amended or modified as allowed by law.
SECTION 4. ADMINISTRATIVE JURISDICTION
That the administrative jurisdiction of the plans and ordinances which apply to the Sandpoint Area of City Impact delineated by the map incorporated herein shall be the duty of Bonner County, Idaho, which shall apply the same plans and ordinances for the unincorporated areas of the County lying within the area of city impact as those areas lying outside the area of city impact, as set forth in Ordinance No. 261, adopted December 28, 1994 and recorded at Instrument #457823, records of Bonner County, Idaho, until amended or modified as allowed by law.
SECTION 5. REPEALER CLAUSE:
That Bonner County Ordinance No. 262 setting forth the geographic boundaries of the Sandpoint Area of City Impact, recorded December 28, 1994, at Instrument #457824, records of Bonner County, Idaho, is repealed in its entirety and all other ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict.
SECTION 6. SEVERABILITY CLAUSE:
The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.
SECTION 7. PUBLICATION EFFECTIVE DATE:
This Ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonner County Daily Bee newspaper.
Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 2nd day of January , 2007 , upon the following roll call vote:
Chairman Joseph E. Young: Aye
Commissioner Karl J. Dye: Aye
Commissioner Marcia L. Phillips: Aye
BONNER COUNTY BOARD OF COMMISSIONERS
/s/ Chairman Joseph E. Young
/s/ Commissioner Karl J. Dye
/s/ Commissioner Marcia L. Phillips
ATTEST:
Marie Scott, Clerk
Legal SNP# 8351
January 9, 2007
Notice of Trustee's Sale
Idaho Code 45-1506 Today's date: December 12, 2006 File No.: 7023.11531 Sale date and time (local time): April 13, 2007 at 10:00 AM Sale location: in the office of First American Title Company, 419 North 2nd Avenue, Sandpoint, ID 83864 Property address: 550 Spades Road Sagle, ID 83860 Successor Trustee: Northwest Trustee Services, Inc., an Idaho Corporation P.O. Box 997 Bellevue, WA 98009 (425) 586-1900 Deed of Trust information Original grantor: Samuel S. Wohali and Daria Wohali, husband and wife Original trustee: Sandpoint Title Company Original beneficiary: First Security Bank, N.A. Recording date: May 7, 1999 Recorder's instrument number: 544452 County: Bonner Sum owing on the obligation: as of December 12, 2006: $100,608.86 Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check. For further information write or call the Successor Trustee at the address or telephone number provided above. Basis of default: failure to make payments when due. Please take notice that the Successor Trustee will sell at public auction to the highest bidder for certified funds or equivalent the property described above. The property address is identified to comply with IC 60-113 but is not warranted to be correct. The property's legal description is: The North 180 feet of the following described tract: A tract of land in the Northwest Quarter of the Southwest Quarter of Section 4, Township 56 North, Range 2 West, Boise Meridian, Bonner County, Idaho, more specifically described as follows: From the Northeast corner of said Northwest Quarter of the Southwest Quarter; thence South 01 degrees 32'51" East along the East line of said Northwest Quarter of the Southwest Quarter, a distance of 276.27 feet to the True Point of Beginning; thence continuing South 01 degree 32'51" East along said East line, a distance of 329.63 feet; thence North 85 degrees 30'31" West, a distance of 331.74 feet; thence North 01 degree 33'14" West, a distance of 299.20 feet; thence North 89 degrees 13'44" East, a distance of 329.96 feet to the True Point of Beginning. EXCEPT any portion of the above-described tract lying within the right of way of the existing County Road. The sale is subject to conditions, rules and procedures as described at the sale and which can be reviewed at www.northwesttrustee.com or USA-Foreclosure.com. The sale is made without representation, warranty or covenant of any kind. (TS# 7023.11531) 1002.66832-FEI
Legal SNP# 8329
Dec. 26, 2006 Jan. 2, 9, 16, 2007CITY OF HOPE
ORDINANCE NO. 250
AN ORDINANCE OF THE CITY OF HOPE, BONNER COUNTY, IDAHO, PROVIDING FOR AUTHORITY; AND PROVIDING FOR ANNEXATION OF LANDS INTO THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council did conduct a public hearing on a landowners request for annexation of lands generally located in the northwest quarter of Section 35, Township 57 North, Range 1 East, Boise Meridian, Bonner County, Idaho; and
WHEREAS, the landowners provided a written request for annexation and the City Council considered said request in accordance with S50-222, Idaho Code and specially Category A annexations as identified at S50-222(3)(a); and
WHEREAS, the City Council concludes the requested annexation meets the requirements of Category A annexation and the annexation is appropriate; and
WHEREAS, the City and the landowners have entered into an annexation agreement;
NOW THEREFORE, THE CITY COUNCIL OF HOPE, IDAHO HEREBY ORDAINS AS FOLLOWS:
SECTION 1
The described lands in Exhibit A and depicted on Exhibit B of attached Exhibit 1, which by this reference all said exhibits are incorporated herein, in accordance with provisions contained in Title 50, Chapter 2, Idaho Code, are hereby annexed into the City of Hope.
SECTION 2
The described lands and annexation are subject to the duly adopted Annexation Agreement attached as Exhibit 1.
SECTION 3
The provisions of this ordinance are hereby declared to be individually severable. Should any provisions of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provision.
SECTION 4
This ordinance shall be in full force and effective upon recording with the Bonner County Clerk and publication in one issue of the Bonner County Daily Bee.
APPROVED AND ADOPTED AS AN ORDINANCE OF THE CITY OF HOPE BY THE CITY COUNCIL UNDER SUSPENSION OF THE RULES AT A SPECIAL MEETING OF THE HOPE CITY COUNCIL ON THIS 13th DAY OF DECEMBER, 2006 UPON THE FOLLOWING ROLL CALL VOTE:
Bruce Stutke: Aye
Phil Dreisbach: Aye
Bill Breen: Aye
Bob Lizotte: Aye
Lawrence Keith, Mayor
Attest:
Shirley Ramey, City Clerk
CITY OF HOPE-MARTENS
ANNEXATION AGREEMENT
THIS AGREEMENT, made and dated this 13th day of December, 2006, by and between the City of Hope ("City"), a municipal corporation organized pursuant to the laws of the State of Idaho, and the Ryets Connie Martens Revocable Living Trusts, Ryets Connie Martens, Trustee, a.k.a. Henriette Martens, Sabine Henriette Martens, and William Ian Rutherford ("Owners")
WHEREAS:
A. The Owners own developed and undeveloped lands adjacent to the city limits of the City. The Owners wish to further develop some of those lands, and has applied for annexation to the City. the property to be annexed is more particularly described in Exhibit "A" and depicted on Exhibit "B" attached hereto and by this reference incorporated herein (the "Property").
B. The Mayor and City Council of the City have determined that it would be in the best interests of the City and the citizens thereof to annex the property subject to the Owners performing the conditions hereinafter set forth.
NOW, THEREFORE, in consideration for the covenants and conditions set forth herein, the parties agree as follows:
SECTION I: LEGAL DESCRIPTION
1.1: Description of the Subject Property: The subject Property is described in Exhibit A.
SECTION II: STANDARDS
2.1: Applicable Standards: The Owners agree that all City, State or Sewer District laws, standards, policies and procedures regarding public improvement construction that the Owners are required to comply with or otherwise meet pursuant to this agreement, shall be those on effect at the time of any development approval.
2.2 Density: The Owners agree to the following maximum density of development of parcels depicted on Exhibit B: Parcel A - 8 residential units; Parcel B - 1 residential unit; Parcel C - 1 residential unit. Any guest house associated with such residential units shall require compliance with City Ordinance and permitting requirements in effect at the time of such development.
SECTION III. UTILITIES
3.1 Public Water: Subject to the City's water source production ability, the Owners agree to utilize City water services for subdivision development within Parcel A depicted in Exhibit B. Such utilization shall be subject to City approval on a future agreement conditioned within an approved subdivision development.
3.2: Maintenance of Private Sanitary Sewer and Water Line: The City shall not be responsible for or maintain any private sanitary sewer lines or water line including appurtenances within the Owners developments on the Property.
3.3 Sewer District Annexation: The Owners, their heirs and assigns agree not to object to annexation of Parcel A depicted on Exhibit B into the Ellisport Bay Sewer District and to comply with applicable State and sewer district codes and ordinances.
SECTION IV: FEES
4.1 Owners Reimbursement to the City. The City has utilized substantial staff time to process the annexation request and to prepare this Annexation Agreement that will benefit the Owners, The City annexation fee in this instance shall be the approximate direct costs incurred by the City in the processing of the annexation request which totals One Thousand Dollars and No/100 ($1,000.00)
4.2 Other Fees: The Owners shall be responsible for all required fees and charges including but not necessarily limited to water hook-up fee(s), water connection (capitalization) fee(s), sanitary sewer connection (capitalization) fee(s), and building permit fees and any applicable impact fees that may be imposed. Fees referred to in this paragraph, are set forth by Municipal or Sewer District Ordinance and/or resolution and arise independent of this agreement.
SECTION V. MISCELLANEOUS
5.1 Subdivision: The parties acknowledge that in the event the Owners desire to subdivide or sell a portion of Parcel A depicted on Exhibit B rather than the parcel as a whole, that a subdivision and/or a plat may be necessary. Owners agree that in the event that a subdivision and/or a plat is necessary, Owners will submit and receive approval for a proper subdivision/plat application and comply with the density provision contained in Section 2.2 above and City subdivision or Planned Unit Development ordinance provisions in effect at the time of such subdivision. The parties further acknowledge the ability to adjust the common boundary line between Parcels B & C provided their is no net change to the individual parcels' total acres.
5.2: De-annexation: The Owners agree that in the event the Owners fail to comply with the terms of this agreement, defaults, or is otherwise in breach of this agreement. The City may de-annex and terminate City utility services without objection from owners, assigns or successors in interest of such portion of Owners Proprerty as the City in its sole discretion decides. In the event of de-annaxation, Owners shall not be reimbursed any fee paid to the City for annexation.
5.3: Time is of the Essence: Time is of the essence in this agreement.
5.4: Non-Merger: The representation, warranties, covenants, conditions and agreements of the parties contained in the agreement shall survive the acceptance of any deeds and/or easements.
5.5 Recordation and Amendment: This agreement shall be recorded by the City at the Owners expense. All promises and negotiations of the parties merge into this agreement. Parties agree that this agreement shall only be amended in writing and signed by both parties. The parties agree that thtis agreement shall not be amended by a chance in any law. The parties agree this agreement is not intended to replace any other requirement of City code.
5.6: Section Headings: The section headings of this agreement are for clarity in reading and not intended to limit or expand the contents of the respective sections to which they appertain.
5.7 Compliance With Applicable Laws: The Owners agree to comply with all applicable laws.
5.8: Covenants Run With Land: The covenants herein contained to be performed by the Owners shall be binding upon the Owners and the Owners heirs, assigns and successors in interest, and shall be deemed to be covenants running with the land.
5.9: Publication of Ordinance: Until the date of publication of the annexation ordinance no final annexation of Owners Property shall occur. Upon proper execution and recordation of this agreement, the City will to the extent lawfully permitted, adopt and thereafter publish an ordinance annexing the Owners Property.
5.10: Promise of Cooperation: Should circumstances change, operation difficulties arise or misunderstanding develop the parties agree to meet and confer at the request of either party to discuss the issue and proprosed solutions. Further, each party agrees not to bring claim, initiate other legal action or suspend performance without meeting directly with the other party regarding the subject matter of the disagreement.
Legal SNP# 8355
January 9, 2007ORDINANCE NO. 487
DOVER AREA OF CITY IMPACT AGREEMENT
AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE ADOPTION OF AN AREA OF CITY IMPACT AGREEMENT BETWEEN BONNER COUNTY AND DOVER, IDAHO, FOR THOSE UNINCORPORATED AREAS OF BONNER COUNTY LYING WITHIN THE DOVER AREA OF CITY IMPACT; SETTING FORTH THE PURPOSE OF THE AREA OF CITY IMPACT; SPECIFYING THE FACTORS CONSIDERED IN IDENTIFYING THE AREA OF CITY IMPACT; IDENTIFYING THE COMPREHENSIVE PLAN, ZONING ORDINANCES AND SUBDIVISION ORDINANCES WHICH SHALL APPLY WITHIN THE AREA OF IMPACT; PROVIDING FOR REVIEW AND COMMENT PROCEDURES BETWEEN JURISDICTIONS; PROVIDING FOR ADMINISTRATIVE JURISDICTION WITHIN THE AREA OF CITY IMPACT; PROVIDING FOR SEVERABILITY, PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Dover and Bonner County desire to establish an agreement for the application of plans and ordinances within the area of city impact pursuant to the provisions of Idaho Code S67-6526; and
WHEREAS, the City of Dover, and Bonner County, pursuant to a "Memorandum of Understanding and Settlement Agreement," dated May 24, 2001, established an Area of City Impact, which was enacted by the Bonner County Board of Commissioners January 2, 2007, at Ordinance No. 486, recorded at Instrument No. 720183, records of Bonner County, Idaho; and
WHEREAS, the purpose of establishing an Area of City Impact is to identify a logical fringe area adjoining the City of Dover. The fringe area includes the unincorporated area surrounding Dover that has a potential for development that could affect the provision of public services or the quality of life in Dover, Idaho;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners that the following be and is hereby adopted as an ordinance of Bonner County, Idaho:
SECTION 1: AUTHORITY AND PURPOSE
This ordinance is adopted pursuant to authority granted to Bonner County at Chapter 65 of Title 67, Idaho Code and pursuant to the provisions of the Areas of City Impact Negotiation Procedures of Idaho Code S67-6526.
SECTION 2: CONSIDERATION
The following factors were considered by Bonner County and the City of Dover in identifying the Area of City Impact for Dover:
1. Trade areas.
2. Geographic factors.
3. Area that can reasonably be expected to be annexed to the city in the future.
4. The "Memorandum of Understanding and Settlement Agreement," dated May 24, 2001, resulting from First District Court Civil Case No. CV95-01111.
SECTION 3. GEOGRAPHIC AREA OF IMPACT
The area governed by this agreement is located within the officially adopted Dover Area of City Impact, identified by the legal description and map provided with Ordinance No. 486, recorded January 2, 2007, at Instrument No. 720183, records of Bonner County, Idaho.
SECTION 4. ADMINISTRATIVE JURISDICTION
That the administrative jurisdiction of the plans and ordinances which apply to the Dover Area of City Impact shall be the duty of Bonner County, as follows:
1. COMPREHENSIVE PLAN: The Comprehensive Plan and subsequent amendments thereto as officially adopted by Bonner County, Idaho, shall apply to the unincorporated portions of Bonner County, Idaho, lying within the Dover Area of City Impact.
2. ZONING AND SUBDIVISION ORDINANCES: The zoning and subdivision ordinances and subsequent amendments thereto as officially adopted by Bonner County, Idaho, shall apply to the unincorporated portion of Bonner County lying within the Dover Area of City Impact.
SECTION 5. REVIEW AND COMMENT PROCEDURES
Any request for development, zone change, conditional use permit, variance or subdivision in the unincorporated portion of Bonner County, Idaho, lying within the Dover Area of City Impact, shall be referred to Dover, Idaho, for review and comment. Dover shall have thirty (30) days to consider the request and submit a reply to Bonner County. If no response is submitted by Dover to Bonner County within the thirty (30) day period, processing shall continue under Bonner County's administration.
SECTION 6. SEVERABILITY CLAUSE:
The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.
SECTION 7. PUBLICATION EFFECTIVE DATE:
This Ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonner County Daily Bee newspaper.
Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 2nd day of January, 2007, upon the following roll call vote:
Chairman Joseph E. Young: Aye
Commissioner Karl J. Dye: Aye
Commissioner Marcia L. Phillips: Aye
BONNER COUNTY BOARD OF COMMISSIONERS
/s/ Chairman Joseph E. Young
/s/ Commissioner Karl J. Dye
/s/ Commissioner Marcia L. Phillips
ATTEST:
Marie Scott, Clerk
Legal SNP# 8353
January 9, 2007
Case No. CV-02033
SUMMONS FOR PUBLICATION
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER
STEVEN A. WOOD and LOUISE A. WOOD, husband and wife,
Plaintiffs,
vs.
HUMBIRD LUMBER COMPANY, a corporation, and its Successors in Interest, if any, and any Claimants to the Real Estate.
Defendants.
TO: HUMBIRD LUMBER COMPANY, a corporation, and its Successors in Interest, if any, and any Claimants to the Real Estate.
You have been sued by STEVEN A. WOOD and LOUISE A. WOOD, the Plaintiffs, in the District Court of the First Judicial District in and for Bonner County, Idaho, Case No. CV 06-02033.
The nature of the claim against you is for quiet title to the real estate described as:
All that portion of the Southwest quarter of the Northwest quarter of Section 13, Township 58 North, Range 2 West, Boise Meridian, lying East of the present county road.
Excepting therefrom a parcel of land being on the northeasterly side of the centerline of U.S. Highway No. 95, Project No. I-FR-5116(71) Highway Survey, and being a portion of the Southwest quarter of the Northwest quarter of Section 13, Township 58 North, Range 2 West, Boise Meridian, described as follows, to-wit:
Commencing at the West quarter corner of Section13, Township 58 North, Range 2 West, Boise Meridian; thence South 89°118'41" East along the South line of the Southwest quarter of the Northwest quarter of Section 13 a distance of 697.85 feet to a point on the easterly right of way line of existing U.S. Highway No. 95 which bears South 76°10'57" East 29.03 feet from Station 330+06.96 of said U.S Highway No. 95, Project No. I-FR-5116(71) Highway Survey and being the real point of beginning; thence North 10°55'00" East along said existing easterly right of way line 1341.32 feet to a point in the North line of said Southwest quarter of the Northwest quarter and bears South 75°33'00" East 11.84 feet from Station 344+37.88 of said Highway Survey; thence South 89°14'26" East along said North line 70.18 feet to a point in a line parallel with and 80.0 feet easterly from the centerline and bears South 75°22'54" East from Station 344+54.73 of said Highway Survey; thence along parallel line as follows:
Southwesterly along a 5649.58 foot radius curve left 373.72 feet to a point opposite Station 340+75.72 of said Highway Survey; South 10°49'42" West 679.85 feet to a point opposite Station 333+95.87 of said Highway Survey; southwesterly being a 5809.58 foot radius curve right 291.20 feet to a point in the South line of said Southwest quarter of the Northwest quarter and bears South 76°17'59" East 80.0 feet from Station 331+08.68 of said Highway Survey; thence North 09°18'41" West along said South line 52.33 feet to the real point of beginning.
Together with all right, title, and interest of the Grantor in and to that portion of existing U.S. Highway No. 95 abutting Parcel No. 120 above described.
Any time after 20 days following the last publication of this Summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at Bonner County Courthouse, 215 South First Avenue, Sandpoint, Idaho 83864, whose telephone number is (208)265-1432, and served a copy of your response on the plaintiffs' attorney Gary A. Finney of Finney Finney & Finney, P.A., Old Power House Building, 120 East Lake Street, Suite 317, Sandpoint, Idaho 83864, telephone number (208)263-7712.
A copy of the Summons and Complaint for Quiet Title can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiffs.
If you wish legal assistance, you should immediately retain an attorney to advise you in this matter.
DATED this 7th day of November, 2006.
BONNER COUNTY
DISTRICT COURT
(SEAL)
By: Jody Moreland
Deputy
Legal SNP# 8322
Dec. 19, 26, 2006, Jan. 2, 9, 2007
NOTICE OF SHERIFF'S SALE
COURT CASE
NUMBER CV06-1341
SHERIFF'S CASE NUMBER
C06-02475
Doyle Albers, a single man, Plaintiff
Vs
J. Peter Chapko, an unmarried man; Kevin Chapko, a single man; Casey Krivor, a married man as his sole and separate property; Tahl Korengut Irrevocable Trust, Steven G. Lazar, Trustee; Terry Anderson, an unmarried man; and Independent Mortgage LTD. Co, an Idaho limited liability company, Defendants
By virtue of a Writ of Execution in my hands, issued out of the District Court of the First Judicial District of the State of Idaho, in and for the County of Bonner, in the above named case on the 13th day of December, 2006, I have levied upon all the right, title and interest of the said defendants in and to the following property, situated in Bonner County, Idaho:
("Note II") That part of Lot 2 of Block 6 of Baylen View Estates Addition, according to the plat thereof, recorded in Book 2 of Plats, Page 105, records of Bonner County, Idaho, less the following described property; Beginning at the Easternmost corner of said Lot 2, Block 6; thence along the Southeasterly boundary of said Lot 2, South 43 degrees 30' West 299.88 feet; thence North 46 degrees 30' West 205.46 feet to the Northerly boundary of said Lot 2; thence along said Northerly boundary North 77 degrees 55' East 363.51 feet to the point of beginning.
NOTICE IS HEREBY GIVEN, that on the 17th day of January, 2007 at the hour of 10:00 o'clock A.M. of said day at the Courthouse, 215 S. First Sandpoint, Idaho 83864, I will sell all the right, title and interest of said defendants in and to the said above described property, at public auction, to the highest bidder, for cash in lawful money of the United States, to satisfy said Writ of Execution and all costs.
Given under my hand this 18th day of December, 2006.
Elaine Savage, Sheriff
By Diana Moore, Deputy
Legal SNP# 8335
Dec. 26, 2006, Jan. 9, 16, 2007
Notice of Trustee's Sale
Idaho Code 45-1506 Today's date: December 8, 2006 File No.: 7777.22140 Sale date and time (local time): April 11, 2007 at 10:00 AM Sale location: in the office of First American Title Company, 419 North 2nd Avenue, Sandpoint, ID 83864 Property address: 301 OLD DIAMOND MILL ROAD OLDTOWN, ID 83822 Successor Trustee: Northwest Trustee Services, Inc., an Idaho Corporation P.O. Box 997 Bellevue, WA 98009 (425) 586-1900 Deed of Trust information Original grantor: JOHN MOLER Original trustee: SANDPOINT TITLE Original beneficiary: CENTEX HOME EQUITY COMPANY, LLC Recording date: November 23, 2005 Recorder's instrument number: 692874 and re-recorded on December 5, 2005 under Instrument No. 693622 County: Bonner Sum owing on the obligation: as of December 8, 2006: $92,474.84 Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check. For further information write or call the Successor Trustee at the address or telephone number provided above. Basis of default: failure to make payments when due. Please take notice that the Successor Trustee will sell at public auction to the highest bidder for certified funds or equivalent the property described above. The property address is identified to comply with IC 60-113 but is not warranted to be correct. The property's legal description is: LOT 5 IN ALBENI FALLS MILL ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN BOOK 2 OF PLATS, PAGE 37, RECORDS OF BONNER COUNTY, IDAHO. The sale is subject to conditions, rules and procedures as described at the sale and which can be reviewed at www.northwesttrustee.com or USA-Foreclosure.com. The sale is made without representation, warranty or covenant of any kind. (TS# 7777.22140) 1002.66693-FEI
Legal SNP# 8320
Dec. 19, 26, 2006 Jan. 2, 9, 2007
NOTICE OF SHERIFF'S SALE
COURT CASE
NUMBER CV06-1341
SHERIFF'S CASE NUMBER
C06-02474
Doyle Albers, a single man, Plaintiff
Vs
J. Peter Chapko, an unmarried man; Kevin Chapko, a single man; Casey Krivor, a married man as his sole and separate property; Tahl Korengut Irrevocable Trust, Steven G. Lazar, Trustee; Terry Anderson, an unmarried man; and Independent Mortgage LTD. Co, an Idaho limited liability company, Defendants
By virtue of a Writ of Execution in my hands, issued out of the District Court of the First Judicial District of the State of Idaho, in and for the County of Bonner, in the above named case on the 13th day of December, 2006, I have levied upon all the right, title and interest of the said defendants in and to the following property, situated in Bonner County, Idaho:
("Note I") Lot 2 of Block 6 of Baylen View Estates Addition, according to the plat thereof, recorded in Book 2 of Plats, Page 105, records of Bonner County, Idaho, less the following described property; Beginning at the Easternmost corner of said Lot 2, Block 6; thence along the Southeasterly boundary of said Lot 2, South 43 degrees 30' West 299.88 feet; thence North 46 degrees 30' West 205.46 feet to the Northerly boundary of said Lot 2; thence along said Northerly boundary North 77 degrees 55' East 363.51 feet to the point of beginning.
NOTICE IS HEREBY GIVEN, that on the 17th day of January, 2007 at the hour of 10:00 o'clock A.M. of said day at the Courthouse, 215 S. First Sandpoint, Idaho 83864, I will sell all the right, title and interest of said defendants in and to the said above described property, at public auction, to the highest bidder, for cash in lawful money of the United States, to satisfy said Writ of Execution and all costs.
Given under my hand this 18th day of December, 2006.
Elaine Savage, Sheriff
By Diana Moore, Deputy
Legal SNP# 8334
Dec. 26, 2006, Jan. 9, 16, 2007