Legals for September, 16 2021
NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Bonner County Commissioners will hold public hearings at 1:30 p.m. on Wednesday, October 13, 2021, in the 3rd Floor BOCC Meeting Room, Suite 338 of the Bonner County Administration Building, 1500 Highway 2, Sandpoint, Idaho, by Zoom teleconference, and YouTube Livestream to consider the following requests: File SS0003-21 - Preliminary Short Plat - Whiskey Jack Estates, Phase 1 - Tricore Investments, LLC is requesting a Preliminary Short Plat for Replat of Lot 1, Whiskey Jack Estates Plat, as recorded in Book 15 of Plats, Page 51 of Bonner County, Idaho, to create 10 new lots. The property is zoned Recreation (Rec). The project is located off Whiskey Jack Circle in Section 7, Township 57 North, Range 1 West, Boise-Meridian. File SS0004-21 - Preliminary Short Plat - Whiskey Jack Estates, Phase 2 - Tricore Investments, LLC is requesting a Preliminary Short Plat for Replat of Lot 2, Whiskey Jack Estates Plat, as recorded in Book 15 of Plats, Page 51 of Bonner County, Idaho, to create 10 new lots. The property is zoned Recreation (Rec). The project is located off Whiskey Jack Circle in Section 7, Township 57 North, Range 1 West, Boise-Meridian. If interested in participating, please visit our website for details at: bonnercountyid.gov/departments/planning/public-hearings Any person needing special accommodations to participate in the public hearing should contact the Bonner County Planning Department at (208) 265-1458 at least 48 hours before the hearing. ** Written statements must be submitted to the planning department record no later than seven (7) days prior to the public hearing. Written statements not exceeding one standard letter sized, single spaced page may be submitted at the public hearing. Comments can be sent to the Bonner County Planning Department at 1500 Highway 2, Suite 208, Sandpoint, Idaho 83864; faxed to (208) 265-1463 or e-mailed to planning@bonnercountyid.gov. Additional information is available at the planning department. Staff reports are available at the planning department or may be viewed at www.bonnercountyid.gov 7 days prior to the scheduled hearing. Any affected person as defined by Idaho Code, Title 67, Chapter 65, may present an appeal to the Board of County Commissions from any final decision by the Bonner County Planning and Zoning Commission. (Bonner County Revised Code, Section 12-262) SNP LEGAL 8945 AD#484644 SEPTEMBER 16, 2021
NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER In the Matter of the Estate of: BARRY D. NELSON, Decedent. CASE NO. CV09-21-1320 NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Decedent. All persons having claims against the Decedent or the estate are required to present their claims within FOUR (4) MONTHS after the date of the first publication of this Notice to Creditors, or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 9th day of September, 2021. /s/ MICHAEL HARE, Co-PR /s/ ADAM FOLDEN, Co-PR c/o CUSACK LAW FIRM, PLLC 320 E. Neider Avenue, Suite 206 Coeur d'Alene, ID 83815 SNP LEGAL 8949 AD#484654 SEPTEMBER 16, 23, 30, 2021
PUBLIC NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 95-18151 JESSICA THOMPSON CHAD THOMPSON 1651 W HAMPTON CT RATHDRUM, ID 83858-7935 Point of Diversion NENE S30 T54N R02W BONNER County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 08-31-2021 Place Of Use: DOMESTIC T54N R02W S30 NENE 96-9895 TYLER WAGNER 407 CARR CREEK RD SANDPOINT, ID 83864-6314 Point of Diversion NENW S26 T57N R03W BONNER County Source CARR CREEK Tributary PEND OREILLE RIVER Use: IRRIGATION 4 /1 to 10/31 Total Diversion: 0.03 CFS Date Filed: 09-09-2021 Place Of Use: IRRIGATION T57N R03W S26 NENW,NWNW Total Acres: 4.3 96-9905 THOMAS & DARLA FLETCHER REVOCABLE TRUST PO BOX 577 COCOLALLA, ID 83813-0577 Point of Diversion NENW S27 T56N R03W BONNER County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 0.06 CFS Use: STOCKWATER 01/01 to 12/31 0.03 CFS Use: IRRIGATION 04/15 to 10/31 1.44 CFS Total Diversion: 1.53 CFS Date Filed: 09-09-2021 Place Of Use: DOMESTIC,IRRIGATION,STOCKWATER T56N R03W S27 NWNE,NENW,SENW Total Acres: 72 Permits will be subject to all prior water rights. For additional information concerning the property location, contact the Northern office at (208)762-2800; or for a full description of the right(s), please see https://idwr.idaho.gov/apps/ExtSearch/WRApplicationResults/. Protests may be submitted based on the criteria of Idaho Code § 42-203A. Any protest against the approval of this application must be filed with the Director, Dept. of Water Resources, Northern Region, 7600 N MINERAL DR STE 100, COEUR D ALENE ID 83815-7763 together with a protest fee of $25.00 for each application on or before 10/4/2021. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director SNP LEGAL 8946 AD#484646 SEPTEMBER 16, 23, 2021
NOTICE OF HEARING ON NAME CHANGE (Adult or Emancipated Minor) IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN RE:Diane Hongbao Bui CASE NO. CV09-21-1326 A Petition to change the name of Diane Hongbao Bui, now residing in the City of Sandpoint, State of Idaho, has been filed in the District Court in Bonner County, Idaho. The name will change to Amy Bui Flanders. The reason for the change in name is: My parents changed my first name from Diane to Amy when we moved from Canada to the US in 1977. All of my US documents are listed under Amy Hongbao Bui. Then I got married in 1997 and changed my name to Amy Bui Flanders. A hearing on the petition is scheduled for 11:00 o'clock a.m. on October 6, 2021, at the Bonner County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: August 26, 2021 By /s/ J. Hendrickson Deputy Clerk SNP LEGAL 8907 AD#482352 SEPTEMBER 3,9,16,23,2021
NOTICE OF HEARING ON NAME CHANGE (Adult or Emancipated Minor) IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN RE:Eagle Margaret CASE NO. CV09-21-1327 A Petition to change the name of Eagle Margaret, now residing in the City of Clark Fork, State of Idaho, has been filed in the District Court in Bonner County, Idaho. The name will change to Eagle Schacht. The reason for the change in name is:----. A hearing on the petition is scheduled for 11:00 o'clock a.m. on October 6, 2021, at the Bonner County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: August 26, 2021 By /s/ A. Augustine Deputy Clerk SNP LEGAL 8906 AD#482323 SEPTEMBER 2,9,16,23, 2021
NOTICE TO CREDITORS (I.C. 15-3-801) IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN THE MATTER OF THE ESTATE OF RICHARD L. GASKINS Deceased. Case No. CV09-21-1184 NOTICE IS HEREBY GIVEN that Linda Gaskins has been appointed personal representative of the above named decedent. All persons having claims against the decedent or the estate are required to present their claims within four months after the date of the first publication of this Notice or within 60 days after the undersigned mailed or delivered a copy of this Notice to such persons, whichever is later, or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 26th day of August, 2021. /s/ Katherine Elsaesser ELSAESSER ANDERSON, CHTD. 519 High Street P.O. Box 369 Priest River, ID 83856 Phone: (208) 448-2990 Fax: (208) 448-2990 SNP LEGAL 8919 AD#482410 SEPTEMBER 2, 9, 16, 2021
NOTICE OF TRUSTEE'S SALE On the 7th day of December 2021, at the hour of 10:00 o'clock A.M., PST, of said day in the office of the Successor Trustee, FEATHERSTON LAW FIRM, CHTD., located at 113 South Second Ave., Sandpoint, Idaho 83864, Brent C. Featherston, Attorney at Law, of Featherston Law Firm, Chtd., Successor Trustee, will sell at public auction, to the highest bidder, for cash (the Successor Trustee is authorized to make a credit bid for the Beneficiary) in lawful money of the United States of America, all payable at the time of the sale, the following described real property, situated in Bonner County, State of Idaho, to-wit: The South Half of the North Half of the Northwest Quarter of the Southwest Quarter of Section 29, Township 54 North, Range 4 West, Boise Meridian, Bonner County, Idaho. Bonner County Tax Parcel No. RP54N04W295630A Physical Address: 655 Spirit Lake Cutoff, Spirit Lake, Idaho 83869 Said sale will be made without covenant or warranty regarding title, possession or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by Tonya D. Reed and Robert D. Reed, wife and husband, as Grantors, to North Idaho Title Insurance, Inc., as original Trustee, wherein by Substitution of Trustee, recorded July 27, 2021 as Instrument No. 988207 appoints Brent C. Featherston, Featherston Law Firm, Chtd, Successor Trustee for the benefit and security of Provident Trust Group, LLC, a Nevada limited liability company, by assignment from Polycomp Trust Company, a South Dakota corporation, FBO Polycomp Trust Company Custodian FBO Dershi A. Bussey, IRA as to an undivided 4% interest; Polycomp Trust Company Custodian FBO Dershi A. Bussey, IRA, as to 96% interest, as Beneficiary; said Deed of Trust having been dated May 31, 2016 and recorded June 8, 2016, as Instrument No. 890053, records of Bonner County, Idaho. The above Grantors are named to comply with Idaho Code Section 45-1506(4)(a). No representation is made that they are or are not presently responsible for this obligation. The default for which this sale is to be made is failure of the Grantors to pay amounts when due, as set forth on the Promissory Note secured by said Deed of Trust. On July 27, 2021 the unpaid principal and accrued interest due is $85,819.71. All delinquent amounts are now due and payable along with all additional costs and fees associated with this foreclosure. DATED this 27th day of July 2021. FEATHERSTON LAW FIRM, CHTD. /S/ Brent C. Featherston Attorney at Law / Successor Trustee FEATHERSTON LAW FIRM, CHTD. 113 South Second Ave. Sandpoint, Idaho 83884 (208) 263-6866 - Phone (208) 263-0400 - Fax SNP LEGAL 8944 AD#484649 SEPTEMBER 16, 23, 30, OCTOBER 7, 2021
NOTICE OF APPLICATION Pursuant to Section 58-104(9) and 58-1301, et seq., Idaho Code (The Lake Protection Act) and rules of the State Board of Land Commissioners, notice is hereby given that Idaho Department of Fish and Game has made application to install an additional boat launch and to install an addition to an existing public access dock at the Clark Fork Driftyard. Location: Clark Fork River, Clark Fork, Idaho, in Section 29 Township 56 North, Range 2 East; B.M., in Bonner County. Written objections to or requests for hearing in this matter must be on file with the Idaho Department of Lands, 2550 Highway 2 West, Sandpoint, Idaho 83864 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from Justin Eshelman, Resource Specialist, Sr. on behalf of Public Trust Program - at the above address or by calling (208) 263-5104. /S/TOM FLEER, Area Manager Idaho Department of Lands SNP LEGAL 8947 AD#484650 SEPTEMBER 16, 23, 2021
NOTICE OF APPLICATION Pursuant to Section 58-104(9) and 58-1301, et seq., Idaho Code (The Lake Protection Act) and rules of the State Board of Land Commissioners, notice is hereby given that Casey Clabby has made application to install 390 linear feet of riprap on the Pend Oreille River. Location: 535 River Run Drive, Pend Oreille River, Laclede, Idaho, in Section 31 Township 56 North, Range 3 West; B.M., in Bonner County. Written objections to or requests for hearing in this matter must be on file with the Idaho Department of Lands, 2550 Highway 2 West, Sandpoint, Idaho 83864 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from Justin Eshelman, Resource Specialist, Sr. on behalf of Public Trust Program - at the above address or by calling (208) 263-5104. /S/TOM FLEER, Area Manager Idaho Department of Lands SNP LEGAL 8948 AD#484651 SEPTEMBER 16, 23, 2021
IMPORTANT WATER RIGHTS INFORMATION YOUR FILING DEADLINE IS: July 1, 2022 FAILURE TO FILE A REQUIRED NOTICE OF CLAIM WILL RESULT IN A DETERMINATION BY THE COURT THAT THE WATER RIGHT NO LONGER EXISTS. IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF TWIN FALLS In Re: The General Adjudication of Civil No. 00-69576 Rights to the Use of Water from the Clark Fork-Pend Oreille River Basins Water System. COMMENCEMENT NOTICE Property Owners within Boundary and Bonner Counties within IDWR's Administrative Basin 97 TO: ALL PERSONS OWNING RIGHTS TO THE USE OF WATER WITHIN THE CLARK FORK-PEND OREILLE RIVER BASINS WATER SYSTEM YOU ARE HEREBY NOTIFIED THAT: On June 15, 2021, the Fifth Judicial District Court in and for the County of Twin Falls issued an order commencing a general adjudication of water rights within the Clark Fork-Pend Oreille River Basins water system in Idaho. A general adjudication is a court case which will result in a decree determining all water rights within a water system. The purpose of the adjudication is to obtain an inventory of water rights to assure proper delivery of water in times of shortage and to provide certainty to property owners. The purpose of this notice is to inform you of the commencement of the adjudication and your legal responsibilities at this stage of the adjudication. GENERAL REQUIREMENT TO FILE A NOTICE OF CLAIM Idaho Code § 42-1409 requires that a Notice of Claim be filed for all water rights within the boundaries of the Clark Fork-Pend Oreille River Basins water system in the State of Idaho, except for certain water rights specifically excluded by law. "All water rights within the boundaries of the Clark Fork-Pend Oreille River Basin water system in the State of Idaho" includes rights to the use of water from any water source, including streams, any springs, lakes, ground water, developed water, waste water, or any other source. A map showing the boundaries of the water system is included at the end of this notice. The Notice of Claim must be filed with the Idaho Department of Water Resources ("IDWR"). A Notice of Claim must be filed for all water rights based upon state law by the deadline above, except for de minimis domestic and stockwater claims as described below. Water rights based upon state law include historic use rights (established by the diversion and application of water to a beneficial use), decreed rights, licensed rights, or water right permits if proof of beneficial use was filed on or before June 15, 2021. A Notice of Claim or negotiated agreement must be filed for all water rights based upon federal law by the deadline above, unless an alternative filing schedule is adopted by the Clark Fork-Pend Oreille River Basins Adjudication ("CFPRBA") District Court. DE MINIMIS (SMALL) DOMESTIC AND STOCKWATER CLAIMS Water users of a small domestic and/or stockwater ("D&S") right, as defined by Idaho Code §§ 42-111 & 42-1401A, may elect to file a Notice of Claim now or defer (postpone) the filing until a later time in this proceeding. The fee for filing a Notice of Claim with IDWR for a D&S water right at this time is $25. IDWR recommends filing a claim for a small D&S water right now and not deferring. The owner of a D&S water right who elects to defer the filing of a Notice of Claim until a later time will be required to have the water right adjudicated prior to the water right being distributed by a watermaster and/or before an application for change of the water right may be filed with IDWR. Water right holders who file a motion with the district court at a later date to have the water right adjudicated, will be required to pay their own cost of serving notice of the motion, advertising, and all costs incurred by IDWR for investigation and preparation of a report to be filed with the court, all of which will exceed the $25 filing fee. A claimant of a D&S water right will be bound by the terms of any decrees entered in this adjudication (including the limitation on D&S water rights that may be adjudicated at a later date) regardless of whether or not the claimant files a notice of claim for the D&S water right at this time. Claimants should be certain their water use qualifies for the deferral procedure for D&S claims before deciding not to file a notice of claim at this time. EXCEPTIONS TO GENERAL REQUIREMENT TO FILE NOTICE OF CLAIM A Notice of Claim is not required to be filed for water right permits for which proof of beneficial use was filed after June 15, 2021. The director of IDWR may, at a later date, require holders of such permits to file a Notice of Claim. If the director does issue such an order, the permit holder will be notified by mail. A Notice of Claim is not required for a water right that is still in the application for permit stage. A water user need not file a Notice of Claim where the water user is not the owner of the water right. A Notice of Claim is not required for any person who receives water solely by virtue of ownership of shares of stock in, or by being located within the boundary of a water delivery organization, if the water delivery organization holds legal title to the water right and if the water delivery organization files a Notice of Claim. Examples of water delivery organizations include, but are not limited to, cities, water utility districts or companies, and irrigation districts. FEES AND DEADLINES FOR FILING A NOTICE OF CLAIM Idaho Code § 42-1414 requires each person who files a Notice of Claim to pay a filing fee. Failure to pay the fee will result in the rejection of the Notice of Claim. The persons receiving this Notice have property within Boundary and Bonner Counties and within IDWR's Administrative Basin 97. The deadline for filing a Notice of Claim for water rights in your area is July 1, 2022. A Notice of Claim filed after this date may be accepted prior to the filing of the director's report with the court, but failure to file a Notice of Claim by the established deadline may result in the assessment of a late fee of $50.00 or 15% of the original filing fee, whichever is greater. Idaho Code § 42-1409A imposes substantial restrictions on the filing of amended or late Notices of Claim. NOTICE OF CLAIM FORMS AND INSTRUCTIONS A Notice of Claim must be filed online at www.idwr.idaho.gov or on forms provided by IDWR. When filing at an IDWR regional office please bring a description of the property with Township, Range, Section and Quarter-Quarters, or the county parcel number. Subdivision lot and block numbers are not sufficient. Claimants should always call the nearest regional office to make an appointment if help is needed in filling out a Notice of Claim. The Notice of Claim forms and instructions for completing and filing the forms are available online at www.idwr.idaho.gov or at the following locations: 1. IDWR, Northern Region, 7600 Mineral Dr., Suite 100, Coeur d'Alene, ID 83815; Phone: (208) 762-2800; 2. IDWR, Western Region, 2735 Airport Way, Boise, ID, 83705-5082; Phone: (208) 334-2190; 3. IDWR, Southern Region, 650 Addison Ave. W, Suite 500, Twin Falls, ID 83301-5858; Phone: (208) 736-3033; 4. IDWR, Eastern Region, 900 N. Skyline Dr., Suite A, Idaho Falls, ID 83402-1718; Phone: (208) 525-7161; 5. IDWR, State Office, 322 E. Front St., Boise, ID 83720-0098; Phone: (208) 287-4800; 6. IDWR, Salmon Field Office, 102 S. Warpath, Salmon, ID 83467-4435; Phone: (208) 742-0658. NOTICE TO IDWR OF CHANGE IN OWNERSHIP OR ADDRESS Idaho Code § 42-1409 requires all purchasers of a water right to inquire of IDWR whether a Notice of Claim has been filed. If a Notice of Claim has not been filed, the purchaser must file any required Notice of Claim, as described above. If a Notice of Claim has been filed, the purchaser must file with IDWR a written notice of the change in ownership along with sufficient evidence of ownership. ''Purchaser'' includes any person acquiring a water right from another water user, whether it is acquired by purchase, gift, inheritance, or any other means. Idaho Code § 42-1409 also requires all persons who have filed a Notice of Claim to file a written notice of any change in address with IDWR. FURTHER INFORMATION The files of the CFPRBA District Court will contain affidavits and other documents listing the persons served with copies of this notice. If you want information regarding Notice of Claims filed with IDWR in this adjudication, you may inquire at any IDWR office or online at www.idwr.idaho.gov. If you want information on other documents filed with the court in this adjudication, you may obtain a copy of the docket sheet from the CFPRBA District Court on their website at www.cfprba.idaho.gov, or at 253 3rd Avenue North, P.O. Box 2707, Twin Falls, Idaho 83303-2707. The docket sheet will be prepared each month, and will contain a summary of all documents filed with the court in the previous month, and the dates and locations of hearings set for the following three months. You can get a copy of a docket sheet for the cost of mailing and/or copying, or you can get a subscription to receive the docket sheet each month. The docket sheet will also be filed with the district court clerk for every county within the boundaries of the Clark Fork-Pend Oreille River Basins water system in Idaho. Gary Spackman, Director, Idaho Department of Water Resources Northern Idaho Adjudication Clark Fork-Pend Oreille River Basin Water System
NOTICE OF AUCTION PRIEST RIVER STORAGE 33 HUCKLEBERRY AVE. In accordance with Idaho's Lien Code, the contents of the below storage units will be offered at auction 10:00AM on 9/18/2021. Last known address: 92 - Charles Dunham, PO Box 1029 Priest River, ID 83856 14 - Shannon Griffin, 66 Fir St. Priest River, ID 83856 Units may be withdrawn from auction at any time. LEGAL 8934/ AD 483566 SEPT 10, 16, 2021