Legals for December, 14 2022
SUMMONS FOR PUBLICATION [I.R.C.P. 4(a)(3)(c)] Case No. CV09-22-1489 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER The estate of PATRICK WAYNE LUFT, deceased, Plaintiff, vs. THE TRUSTEE, whose true name is unknown, of THE DAVID G. CLARK REVOCABLE INTER VIVOS TRUST; all unknown successor trustees and successors in interest, or heirs or devisees of the above-named defendant; and, any parties in possession or claiming any right to possession of, or any party claiming any right, title, claim or interest in or to, the following-described real property: Lot 16 in Block 1 of Priest River, according to the official Plat thereof, filed in Book 1 of Plats at page 18, records of Bonner County, Idaho, Defendants. To: THE TRUSTEE, whose true name is unknown, of THE DAVID G. CLARK REVOCABLE INTER VIVOS TRUST; all unknown successor trustees and successors in interest, or heirs or devisees of the above-named defendant; and, any parties in possession or claiming any right to possession of, or any party claiming any right, title, claim or interest in or to, the following-described real property: Lot 16 in Block 1 of Priest River, according to the official Plat thereof, filed in Book 1 of Plats at page 18, records of Bonner County, Idaho: You have been sued by the Estate of Patrick Wayne Luft, deceased, the Plaintiff, in the District Court in and for Bonner County, Idaho, Case No. CV09-22-1489. The nature of the claim against you is quieting of title to real property. Any time after 21 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 number, and paid any required filing fee to the Clerk of the Court at 215 South First Avenue, Sandpoint, Idaho 83864, with a telephone number of (208) 265-1432 and served a copy of your response on the Plaintiffs’ attorney at the office of Stephen F. Smith, Attorney at Law, Chartered, 102 Superior Street, P.O. Box C, Sandpoint, Idaho 83864, telephone number (208) 263-3115. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter. (DATE SIGNED) 11/10/2022 Michael W Rosedale Bonner County District Court By:/s/Brandy L. Steiger Deputy Clerk Legal#4706 AD#2896 November 23, 30, December 7, 14, 2022 _________________________
NOTICE OF TRUSTEE’S SALE - To be sold for cash at a Trustee’s Sale on March 23, 2023, 09:00 AM at the On the front steps of the main entrance, Bonner County Courthouse, 215 S. 1st Avenue, Sandpoint, ID 83864, the following described real property situated in Bonner County, State of Idaho (“Real Property”): Land situated in the City of Spirit Lake in the County of Bonner in the State of ID. Lot 7, Wild Meadows V, according to the plat thereof, recorded in Book 3 of Plats at Page(s) 82, records of Bonner County, Idaho Commonly known as: 97 That A Way, Spirit Lake, ID 83869 Anthony Robert Exterovich aka Anthony Exterovich, as Trustor conveyed Real Property via a Trust Deed dated July 2, 2020, in favor of Mortgage Electronic Registration Systems, Inc., as Beneficiary, as nominee for Lakeview Loan Servicing, LLC, its successors and assigns as Beneficiary, in which Old Republic National Title Insurance Company was named as Trustee. The Trust Deed was recorded in Bonner County, Idaho, on September 24, 2020, as Instrument No. 966119, and re-recorded on January 25, 2021, as Instrument No. 974862, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Lakeview Loan Servicing, LLC Assignment Dated: January 12, 2022 Assignment Recorded: January 12, 2022 Assignment Recording Information: Instrument No. 998905 Shelly M. Casares is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Bonner, State of Idaho on October 19, 2022 at Instrument No. 1013140, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Trustor failure to make monthly payments beginning October 1, 2021, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $222,310.57, interest in the sum of $8,428.59, escrow advances of $1,410.55, other amounts due and payable in the amount of $2,940.24, for a total amount owing of $235,089.95, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Trustor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee’s fees and attorney’s fees, costs and expenses of the sale, and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, may bid at the sale. The bid price must be paid immediately upon the close of bidding by certified funds (valid money orders, certified checks or cashier’s checks). The conveyance will be made by Trustee’s Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The Trustor, successor in interest to the Trustor, or any other person having an interest in the property, or any person named in IRC § 45-1506, has the right, at any time prior to the Trustee’s Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee’s Sale may be postponed by public proclamation up to 30 days for any reason. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. The above Trustor are named to comply with IRC § 45-1506(4)(a). No representation is made that they are, or are not, presently responsible for this obligation. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 17th day of November, 2022. Shelly M. Casares Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. ID-20347 Legal#4713 AD#2907 November 23, 30, December 7, 14, 2022 _________________________
NOTICE TO CREDITORS Case No. CV09-22-1504 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: BARBARA JEAN BILLMAN, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said decedent are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must be presented to RICK BILLMAN, Personal Representative of the above Estate, c/o Lake City Law Group PLLC at 50 Main Street, Suite 203, Priest River, ID 83856, and filed with the Court. DATED this 21st day of November, 2022. /s/Rick Billman Personal Representative of the Estate of BARBARA JEAN BILLMAN, Deceased. FONDA L. JOVICK, ISBA #7065 LAKE CITY LAW GROUP PLLC 50 Main Street, Suite 203 Priest River, Idaho 83856 Telephone: (208) 448-1300 Facsimile: (208) 448-2100 fljefiling@lclattorneys.com Legal#4720 AD#3146 November 30, December 7, 14, 2022 _________________________
LEGAL NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 96-13336 PAUL WHITE KAIRI WHITE 5107 N MAYHEW RD SPOKANE VLY, WA 99216-1475 Point of Diversion L1(SWNW) S3 T55N R04W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: DOMESTIC 01/01 to 12/31 Total Diversion: 0.04 CFS Date Filed: 10-20-2022 Place Of Use: DOMESTIC T55N R04W S3 L1(SWNW) 96-13652 MIKELL M HOGAN 887 CHIP N DALE LN PRIEST RIVER, ID 83856-7712 Point of Diversion SENE S27 T55N R04W BONNER County Source GROUND WATER Use: IRRIGATION 04/01 to 10/31 0.12 CFS Use: STOCKWATER 01/01 to 12/31 0.02 CFS Total Diversion: 0.14 CFS Date Filed: 10-28-2022 Place Of Use: IRRIGATION,STOCKWATER T55N R04W S27 SENE Total Acres: 4 97-8724 CHERYL CUNNINGTON DAVID CUNNINGTON 1616 S VERA CREST DR SPOKANE VLY, WA 99037-9036 Point of Diversion NWNE S11 T58N R04W BONNER County Source EAST RIVER Tributary EAST RIVER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 08-08-2022 Place Of Use: DOMESTIC T58N R04W S11 NWNE 97-8725 CHERYL CUNNINGTON DAVID CUNNINGTON 1616 S VERA CREST DR SPOKANE VLY, WA 99037-9036 Point of Diversion NWNE S11 T58N R04W BONNER County Source EAST RIVER Tributary EAST RIVER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 08-08-2022 Place Of Use: DOMESTIC T58N R04W S11 NENE,NWNE 97-9022 BEAVER LAKE LLC PO BOX 55 PRIEST RIVER, ID 83856-0055 Point of Diversion SENE S3 T56N R04W BONNER County Source SANBORN CREEK Tributary PRIEST RIVER Use: WILDLIFE STORAGE 01/01 to 12/31 7 AF Use: FIRE PROTECTION STORAGE 01/01 to 12/31 7 AF Total Diversion: 7 AF Date Filed: 06-30-2022 Place Of Use: FIRE PROTECTION STORAGE,WILDLIFE STORAGE T56N R04W S3 SENE 97-9028 DUDLEY I, LLC PO BOX 55 PRIEST RIVER, ID 83856 Point of Diversion L9(SWSE) S31 T57N R04W BONNER County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 0.06 CFS Use: FIRE PROTECTION 1 /1 to 12/31 0.2 CFS Use: IRRIGATION 04/01 to 10/31 0.15 CFS Total Diversion: 0.2 CFS Date Filed: 06-30-2022 Place Of Use: DOMESTIC,FIRE PROTECTION T57N R04W S31 NWSE,L9(SWSE), L11(SESE),SWSE Place Of Use: IRRIGATION T57N R04W S31 L9(SWSE),L11(SESE) Total Acres: 5 97-9047 JEFF D WEIMER GIFT TRUST PO BOX 55 PRIEST RIVER, ID 83856 Point of Diversion SESW S8 T56N R04W BONNER County Source SURFACE RUNOFF Tributary SINKS Point of Diversion SESW S8 T56N R04W BONNER County Source GROUND WATER Tributary Use: STOCKWATER STORAGE 01/01 to 12/31 0.7 AF Use: FIRE PROTECTION STORAGE 01/01 to 12/31 0.6 AF Total Diversion: 1.3 AF Date Filed: 06-30-2022 Place Of Use: FIRE PROTECTION STORAGE,STOCKWATER STORAGE T56N R04W S8 SWSW,SESW 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 12/27/2022. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director Legal#4730 AD#3253 December 7, 14, 2022 _________________________
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 TDE Trust has made application to place 70 feet of riprap for erosion control. Location: Adjacent to Nesbitt’s Add Lot 1, Lake Pend Oreille, Sagle, Idaho, in Section 27 Township 57 North, Range 1 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 Amidy Fuson, Resource Specialist on behalf of Navigable Waterway - at the above address or by calling (208) 263-5104. /S/ Erik Sjoquist, Area Manager Idaho Department of Lands Legal#4737 AD#3377 December 7, 14, 2022 _________________________
ADVERTISEMENT REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN that sealed technical proposals will be received by the City of Ponderay, of Bonner County, Idaho at City Hall, 288 4th Street, Ponderay, Idaho 83852, until 2:00:00pm local time on Thursday, January 12, 2023, for the City of Ponderay, Field of Dreams – Phase 1, Synthetic Turf Fields. This solicitation will utilize the Category B formal bidding process as set forth in Idaho Code 67-2805(2) to establish pre-qualified Synthetic Turf Contractors. After pre-qualification is determined, Pre-qualified Respondents will be invited to bid the project in accordance with the Request for Proposals. THE PROJECT CAN BE SUMMARIZED TO INCLUDE: furnish and installation of approximately 472,000 square feet of new synthetic turf, multi-use athletic fields located approximately ½ mile east of Highway 95 in Ponderay, Idaho. The synthetic turf and infill system procurement, fabrication, and installation will be completed by Synthetic Turf Contractor as a subcontractor to an overall site development General Contractor (to be bid under separate solicitation). Further details are provided within the Request for Proposals. TECHNICAL PROPOSALS WILL BE EVALUATED IN ACCORDANCE WITH THE REQUEST FOR PROPOSALS. THE COMPLETE REQUEST FOR PROPOSALS is on file at the following locations: 1. HMH Engineering Plan Room: https://hosted.onlineplanservice.com/Project/162 2. Spokane Regional Plan Center, 209 N Havana St. (PO Box 2968) Spokane, WA 99202 3. Inland Northwest AGC, Abadan Online Planroom: http://www.abadanplanroom.com/ 4. Builders Exchange of Washington, Inc. On-Line Plan Center: http://bxwa.com/ The City of Ponderay reserves the right to reject any or all proposals and to accept proposals deemed in the best interest of the City of Ponderay in accordance with the Request for Proposals. CITY OF PONDERAY: /s/Steve Geiger, Mayor ATTEST: /s/Stephanie Peterson, City Clerk Legal#4738 AD#3380 December 7, 14, 2022 _________________________
STATE TIMBER SALE CR100484, LEFTOVER LOST A public oral auction will be conducted at the Idaho Department of Lands office, 4053 Cavanaugh Bay Road, Coolin, ID 83821, at 9:00 a.m. local time, on Thursday, January 12, 2023 for an estimated 4,850 MBF of timber marked or otherwise designated for cutting. In addition, there is an unestimated volume of forest products that may be removed at the option of the purchaser. Prior to bidding, eligible bidders shall present a certified check or bank draft payable to Idaho Department of Lands, or a bid bond acceptable to the State, in the amount of $115,579.25 which is 10% of the appraised net sale value of $1,155,792.50. The successful bidder’s deposit will be forfeited to the State should the bidder fail to complete the contract. The State will not accept bids from parties who are delinquent on payments on existing state contracts. The average starting minimum bid price for Cedar is $728.80 per MBF and for Non-Cedar is $149.06. The sale is located within Sections 17, 18, & 19, Township 59N, Range 03W and Sections 13, 23, & 24, Township 59N, Range 04W, B.M., Bonner County, State of Idaho. Sale duration is 3 years. The sale may include blowdown and/or insect and disease infected timber which may result in additional volume and recovery reductions. Interested purchasers should carefully examine the sale and make their own estimates as to volume recovery, surface conditions, and proposed construction prior to bidding on the sale. Additional information concerning the timber and conditions of sale is available to the public and interested bidders on the department’s timber sale website at http://web.idl.idaho.gov/timbersale/Search.aspx or from the Idaho Department of Lands office, Coolin, Idaho. Please note purchaser insurance requirements posted on the timber sale website. The Department of Lands, as authorized by the State Board of Land Commissioners reserves the right to reject any and all bids provided that good and sufficient grounds for rejecting the bid shall be stated in the rejection notice and shall not be in violation of applicable law. If you are disabled and need some form of accommodation, please call (208) 443-2516 five days prior to the date of sale. For text telephone services, please call 1-800-377-3529. Legal#4749 AD#3501 December 14, 21, 28, 2022; January 4, 2023 _________________________
SUMMARY OF CITY OF SANDPOINT ORDINANCE NO. 1399 Short Term Rental Occupancy Tax AN ORDINANCE OF THE CITY OF SANDPOINT, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, REPEALING SANDPOINT CITY CODE TITLE 3, CHAPTER 10, HOTEL/MOTEL OCCUPANCY TAX, AND REPLACING WITH A NEW TITLE 3, CHAPTER 10, SHORT TERM RENTAL OCCUPANCY TAX; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Following is a summary of the provisions of Ordinance No. 1399. Ordinance Section 1 repeals Sandpoint City Code Title 3, Chapter 10, Hotel/Motel Occupancy Tax, replacing with a new City Code Title 3, Chapter 10, Short Term Rental Occupancy Tax, providing for findings that the City of Sandpoint is a resort city, providing for definitions, providing for the imposition of a local-option nonproperty tax of 14% on short term lodging within the City of Sandpoint, providing for the duration of the tax from January 1, 2023, through December 31, 2035, listing the purposes for which the revenues derived from the tax shall be used, providing for the creation of a property tax relief fund where excess revenues will be placed, designating the City Treasurer as the city official to whom taxes collected shall be remitted, providing for the application and issuance of a Short Term Rental Occupancy Tax Permit for those required to collect and remit the tax, providing for the method of payment of the tax, stating who is responsible for payment of the tax, providing for tax collection and enforcement, providing a process for and limitations on tax payment refunds, providing for the period of limitation on assessment and collection, providing for successors’ liability, providing for taxpayer record keeping requirements and examination of records, providing for penalties and penalty charges for violations of this chapter, and providing for audits, deficiency determination, redetermination, an appeals process and interest charged for deficiency. Ordinance Sections 2 and 3 provide for severability, publication and an effective date. This publication is a summary of the full Ordinance and is being published pursuant to Idaho Code Section 50-901A. This ordinance was passed and approved upon a proper roll call vote and duly enacted at a properly-noticed session of the Sandpoint City Council, held December 7, 2022. The full text of the Ordinance is on file with the Sandpoint Legal#4750 AD#3560 December 14, 2022 _________________________
SUMMARY OF CITY OF SANDPOINT ORDINANCE NO. 1400 Dogs Permitted Off Leash AN ORDINANCE OF THE CITY OF SANDPOINT, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING SANDPOINT CITY CODE TITLE 5, CHAPTER 4, SECTION 5-C, DOGS PERMITTED OFF LEASH; PROVIDING FOR REPEAL AND SEVERABILITY; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Following is a summary of the provisions of Ordinance No. 1400. Ordinance Section 1 amends Sandpoint City Code Title 5, Chapter 4, Section 5-C, Dogs Permitted Off Leash, to add additional circumstances under which dogs may be permitted off leash on City property or within City right of way under the conditions of a Special Event Permit or otherwise by specific City Council action and approval. Ordinance Sections 2 and 3 provide for repeal and severability, publication and an effective date. This publication is a summary of the full Ordinance and is being published pursuant to Idaho Code Section 50-901A. This ordinance was passed and approved upon a proper roll call vote and duly enacted at a properly-noticed session of the Sandpoint City Council, held December 7, 2022. The full text of the Ordinance is on file with the Sandpoint City Clerk and will be promptly provided during regular hours to any citizen on personal request. Legal#4751 AD#3562 December 14, 2022 _________________________
SUMMARY OF CITY OF SANDPOINT ORDINANCE NO. 1401 Road Naming and Addressing AN ORDINANCE OF THE CITY OF SANDPOINT, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING SANDPOINT CITY CODE TITLE 7, CHAPTER 4, ROAD NAMING AND ADDRESSING; PROVIDING FOR REPEAL AND SEVERABILITY; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Following is a summary of the provisions of Ordinance No. 1401. Ordinance Section 1 amends Sandpoint City Code Title 7, Chapter 4, Section 3, Road Name and Address Assignment, to reflect that road naming and addressing within the City of Sandpoint is administered by Bonner County. Ordinance Section 2 amends Sandpoint City Code Title 7, Chapter 4, Section 4, Definitions, to reflect that the City has the option of naming an agency to implement the process of road name and address assignments. Ordinance Section 3 amends Sandpoint City Code Title 7, Chapter 4, Section 5, Fees, to reflect that Bonner County will supply municipal addressing and road naming services to the City and granting the Bonner County Address Administrator authority to provide addressing and road naming support within the City’s boundaries. Ordinance Sections 4 and 5 provide for repeal and severability, publication and an effective date. This publication is a summary of the full Ordinance and is being published pursuant to Idaho Code Section 50-901A. This ordinance was passed and approved upon a proper roll call vote and duly enacted at a properly-noticed session of the Sandpoint City Council, held December 7, 2022. The full text of the Ordinance is on file with the Sandpoint City Clerk and will be promptly provided during regular hours to any citizen on personal request. Legal#4752 AD#3564 December 14, 2022 _________________________