Tuesday, November 26, 2024
33.0°F

Legals for February, 19 2022

| February 19, 2022 12:00 AM

NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the Ponderay City Council will hold a public hearing on Monday, March 7, 2022 at 6:00 p.m., to consider the following request: File UP21-078, Sand Creek Crossing, LLC, Multi-Family Special Use Permit: Sand Creek Crossing LLC is requesting special-use permit approval in order to construct a series of 5 structures containing a restaurant, multi-family residential and office buildings. The project also proposes construction of an underground parking facility. The applicant has requested a parking space reduction as is allowed by PCC9-5E-3 (F) from 152 parking spaces required by code to 103 spaces due to site topography and the inability to construct closer to the slope, according to the application. The application also requests a zero setback to the east from the underground parking facility. Additionally, they requested and received approval to construct the multi-family structure to 5 stories in height (including the underground parking) and the southern office building to 3 stories in height. The property is located along the west side of Highway 95, south of its intersection with Bonner Mall Way and East of Sand Creek in Section 10, 57N, Range 2 West, Boise Meridian. The Ponderay Planning Commission unanimously approved the requested height increases and recommended approval of the project, parking reduction and setback reduction as presented on February 9, 2022 at its regularly scheduled public hearing. An electronic method of participation has also been established for the applicants and members of the public who wish to participate remotely. Please visit the project page for these files on the City of Ponderay website at http://www.cityofponderay.org/planning-zoning/projects/ for information on how to register in advance of the meeting. Any person needing special accommodations to participate in the public hearing should contact the Ponderay Planning Department at (208) 265-5468 at least 48 hours before the hearing. All written comments will be accepted up until one week prior to the hearing. Written comments of less than one page and oral testimony will be accepted until the close of the public comment portion of the hearing. Comments may be mailed to Ponderay - City Planning, P.O. Box 500, Ponderay, ID 83852 or via e-mail to klmiller@ponderay.org. Additional information is available at the planning department. SNP LEGAL 1239 AD#515835 FEBRUARY 19, 2022

NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the City of Ponderay Planning and Zoning Commission will hold public hearings on Wednesday, March 9, 2022 at 5:30 p.m., to consider the following requests: File UP22-083, Eastmark Capital Group, Multi-Family Special Use Permit: Eastmark Capital Group (Landowner, James Fenton Co Inc) is requesting Special Use Permit (SUP) approval in order to develop a ±3-acre site with three, multifamily structures, containing a total of 84 apartment units. The development contains a mix of one, two and three-bedroom units. Additionally, they are requesting approval to increase the height of the structures to three stories. The property is located on the west side of Triangle Drive between Kootenai Cutoff Road and Schweitzer Plaza Drive in Section 11, Township 57 North, Range 2 West, Boise Meridian. The property is made up of three platted lots which are more specifically described as Schweitzer Plaza, Block 1, Lots 8, 9 and 10. File UP22-082, Bay Trail Retreat LLC, Multi-Family Special Use Permit: The Bay Trail Retreat LLC is requesting Special Use Permit (SUP) approval in order to develop a ±.452-acre site with a multifamily structure, containing a total of 8 residential units. The property is located on the southern corner of the intersection of Highway 200 and Carnelian Avenue in Section 11, Township 57 North, Range 2 West, Boise Meridian. The property is zoned commercial and is made up of two platted lots which are more specifically described as The Retreat at Bay Trail, Block 3, Lots 1 and 2. File UP22-081, Bay Trail Retreat LLC, Multi-Family Special Use Permit: The Bay Trail Retreat LLC is requesting Special Use Permit (SUP) approval in order to develop a ±.444-acre site with a multifamily structure, containing a total of 8 residential units. The property is located on the northeast corner of the intersection of Highway 200 and Carnelian Avenue in Section 11, Township 57 North, Range 2 West, Boise Meridian. The property is zoned commercial and is more specifically described as The Retreat at Bay Trail, Block 1, Lot 1. An electronic method of participation has also been established for the applicants and members of the public who wish to participate remotely. Please visit the project page for these files on the City of Ponderay website at http://www.cityofponderay.org/planning-zoning/projects/ for information on how to register in advance of the meeting. Any person needing special accommodations to participate in the public hearing should contact the Ponderay Planning Department at (208) 265-5468 at least 48 hours before the hearing. All written comments will be accepted up until one week prior to the hearing. Written comments of less than one page and oral testimony will be accepted until the close of the public comment portion of the hearing. Comments may be mailed to Ponderay - City Planning, P.O. Box 500, Ponderay, ID 83852 or via e-mail to klmiller@ponderay.org. Additional information is available at the planning department. SNP LEGAL 1238 AD#515839 FEBRUARY 19, 2022

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 SUSANNAH HORALEK AND JOSEPH HORALEK Deceased. Case No. CV09-22-0066 NOTICE IS HEREBY GIVEN that Robin Kreager 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 16th day of February, 2022. /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 1240 AD#515849 FEBRUARY 19, 26, MARCH 5, 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 Thomas Coyne has made application to replace an existing seawall with a stacked boulder seawall faced with riprap along 93.4' of shoreline and install an additional 55.5 lineal feet of riprap on Lake Pend Oreille/Fry Creek. Location: 263 Buck Run, Lake Pend Oreille, Sagle, Idaho, in Section 2 Township 56 North, Range 2 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 Navigable Waters Program - at the above address or by calling (208) 263-5104. /S/ TOM FLEER, Area Manager Idaho Department of Lands SNP LEGAL 1226 AD#514906 FEBRUARY 12, 19, 2022

SUMMONS FOR PUBLICATION IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER PENNYMAC LOAN SERVICES, LLC, Plaintiff, vs. RODNEY DUANE JACOBS; ZENDA V JACOBS (DECEASED) AND THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF ZENDA V JACOBS; SPOUSE OF RODNEY DUANE JACOBS; DOES I THROUGH XX, Defendants. Case No.: CV09-22-0017 TO: RODNEY DUANE JACOBS; ZENDA V JACOBS (DECEASED) AND THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF ZENDA V JACOBS; SPOUSE OF RODNEY DUANE JACOBS; DOES I THROUGH XX, NOTICE: YOU HAVE BEEN SUED BY PENNYMAC LOAN SERVICES, LLC, the Plaintiff, in the District Court in and for Bonner County, Idaho, Case No. CV09-22-0017. The nature of the claim against you is for, among other things, the judicial foreclosure of the real property located at 306 S Idaho Ave, Oldtown, ID 83822-3567. 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 No., and paid any required filing fee to the Clerk of the Court at 215 South First Avenue, Sandpoint, ID 83864, (208) 265-1432, and served a copy of your response on the Plaintiff's attorney at 702 W. Idaho St., Suite 1100, Boise, ID 83702, (208) 863-4401. 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. Dated February 15, 2022 Clerk of the District Court By: Charity Hadley Deputy SNP LEGAL 1241 AD#515857 FEBRUARY 19, 26, MARCH 5, 12, 2022

NOTICE OF TRUSTEE'S SALE Trustee's Sale No. PLTS103336 NOTICE IS HEREBY GIVEN that, Pioneer Title Company of Ada County dba Pioneer Lender Trustee Services, the duly appointed Successor Trustee, will on 5/30/2022, at the hour of 10:00 AM, of said day, at Bonner County Courthouse, On the Front Steps of the Main Entrance, 215 South 1st Avenue, Sandpoint, ID, sell at public auction to the highest bidder, for cash, in lawful money of the United States, all payable at the time of sale, the following described real and personal property (hereafter referred to collectively as the "Property"), situated in the County of Bonner, State of Idaho, to-wit; PARCEL 1: A portion of the Southwest Quarter, Northwest Quarter, Southwest Quarter of Section 15, and the South Half, Northeast Quarter, Southeast Quarter of Section 16, Township 56 North, Range 3 West, Boise Meridian, Bonner County, Idaho, more particularly described as follows: Commencing at the One Quarter corner of said Section 15 and 16; thence South 00° 19' 39" West for a distance of 657.51 feet along the boundary of Section 15 and 16, to the North boundary of said Southwest Quarter, Northwest Quarter, Southwest Quarter of Section 15, and the true point of beginning; thence South 89° 53' 27" East for a distance of 397.15 feet along said North boundary, to the Northwesterly boundary of the Spokane International Railway Company; thence along a curve to the right having a radius of 1909.86 feet and an arc length of 498.67 feet, being subtended by a chord of South 28° 15' 46" West for a distance of 497.26 feet along said Northwesterly boundary; thence South 36° 38' 35" West for a distance of 90.00 feet along said Northwesterly boundary, on a chord of a spiral curve; thence South 37° 04' 26" West for a distance of 185.36 feet along said Northwesterly boundary, to the boundary between Sections 15 and 16; thence North 00° 19' 39" East for a distance of 133.85 feet along said boundary of Sections 15 and 16; thence North 26° 57' 03" West for a distance of 595.31 feet leaving said boundary of Sections 15 and 16, to the North boundary of the South Half, Northeast Quarter, Southeast Quarter of Section 16; thence South 88° 48' 39" East for a distance of 272.87 feet along said North boundary to the True Point of Beginning. PARCEL 2: A portion of the East Half, Southwest Quarter, Southeast Quarter, and the South Half, Northeast Quarter, Southeast Quarter, and the Southeast Quarter, Southeast Quarter, Section 16, Township 56 North, Range 3 West, Boise Meridian, Bonner County, Idaho, more particularly described as follows: Commencing at the Southeast Corner of said Section 16; thence North 88 degrees, 53 minutes 21 seconds West for a distance of 1860.81 feet along the South boundary of Section 16, to the true point of beginning; thence North 88 degrees 53 minutes 21 seconds West for a distance of 119.00 feet continuing along said South Boundary to the West Boundary of the East half, Southwest Quarter, Southeast Quarter; thence North 00 degrees 19 minutes 44 seconds East for a distance of 1316.81 feet along said West boundary to the North boundary of the East half, Southwest Quarter, Southeast Quarter; thence South 88 degrees, 50 minutes 13 seconds East for a distance of 659.94 feet along said North boundary to the West boundary of the South half, Northeast Quarter, Southeast Quarter; thence North 00 degrees 19 minutes 42 seconds East for a distance of 321.54 feet along said West Boundary; thence South 88 degrees 48 minutes, 30 seconds East for a distance of 456.37 feet leaving said West boundary; thence South 14 degrees 00 minutes 00 seconds East for a distance of 226.89 feet; thence South 05 degrees 54 minutes 01 seconds East for a distance of 167.31 feet; thence South 09 degrees, 12 minutes 36 seconds East for a distance of 68.30 feet; Trustee's Sale Guarantee thence South 27 degrees 00 minutes 48 seconds East for a distance of 51.14 feet; thence South 35 degrees, 11 minutes 18 seconds East for a distance of 133.55 feet; thence South 47 degrees 43 minutes 14 seconds East for a distance of 138.42 feet; thence South 54 degrees 30 minutes 28 seconds East for a distance of 121.87 feet; thence South 66 degrees, 52 minutes, 31 seconds East for a distance of 123.25 feet to the Northwesterly boundary of the Spokane International Railway Company; thence South 37 degrees 04 minutes 26 seconds West for a distance of 416.96 feet along said Northwesterly boundary; thence North 50 degrees 05 minutes 23 seconds West for a distance of 1196.91 feet leaving said Northwesterly boundary; thence South 15 degrees 13 minutes 20 seconds West for a distance of 1276.81 feet to the True Point of Beginning. The Trustee has no knowledge of a more particular description of the above-referenced Property but, for purposes of compliance with Section 60-113 of Idaho Code, the Trustee has been informed that the address of 10673 Lakeshore Drive, Sagle, ID 83860, is sometimes associated with said real property. 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 David W. Gates, Trustee of The David W. Gates Trust, dated June 14, 2010, as Grantor, to Pioneer Title Company of Kootenai County, Inc., as Trustee, for the benefit and security of Joseph Taggart, Trustee of the Joseph Taggart Living Trust dated March 31, 2012 as to an undivided 60% interest and The Entrust Group FBO Brad Banks IRA 3654ILA, as to an undivided 40% interest, as Beneficiary, dated 8/6/2018, recorded 9/13/2018, under Instrument No. 927770, Mortgage records of Bonner County, ID, the beneficial interest in which is presently held by Joseph Taggart, Trustee of the Joseph Taggart Living Trust dated March 31, 2012 as to an undivided 60% interest and The Entrust Group FBO Brad Banks IRA 3654ILA, as to an undivided 40% interest. THE ABOVE GRANTORS ARE NAMED TO COMPLY WITH SECTION 45-1506(4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The default for which is sale is made is the failure to pay when due under the Deed of Trust Note dated 8/6/2018, FAILURE TO PAY THE PRINCIPAL BALANCE WHICH BECAME DUE AT MATURITY, TOGETHER WITH ACCRUED AND ACCRUING INTEREST, CHARGES, FEES AND COSTS AS SET FORTH. All delinquencies are now due, together with unpaid and accruing taxes, assessments, trustee's fees, attorney's fees, costs and advances made to protect the security associated with this foreclosure. The principal balance is $496,312.98, together with interest thereon at 10% per annum from 7/1/2021, until paid. The Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligation. Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the same. DATED: January 25, 2022. Pioneer Title Company of Ada County dba Pioneer Lender Trustee Services Trustee By /s/ Deborrah Duncan, Assistant Secretary Pioneer Lender Trustee Services 8151 W. Rifleman Street Boise, ID 83704 SNP LEGAL 1192 AD#511674 JANUARY 29, FEBRUARY 5, 12, 19, 2022

NOTICE OF TRUSTEE'S SALE Trustee's Sale No. PLTS103335 NOTICE IS HEREBY GIVEN that, Pioneer Title Company of Ada County dba Pioneer Lender Trustee Services, the duly appointed Successor Trustee, will on 5/30/2022, at the hour of 10:00 AM, of said day, at Bonner County Courthouse, On the Front Steps of the Main Entrance, 215 South 1st Avenue, Sandpoint, ID, sell at public auction to the highest bidder, for cash, in lawful money of the United States, all payable at the time of sale, the following described real and personal property (hereafter referred to collectively as the "Property"), situated in the County of Bonner, State of Idaho, to-wit; Parcel 1: That portion of the North half of the North half lying Easterly of the existing county road known as "Bottle Bay Road" as shown on the Plat of Emerald Acres, a Plat recorded in Book 2 of Plats, Page 121, recorded August 6, 1965 in the records of Bonner County, and lying Westerly of the existing County road known as "Sagle Road", in Section 10, Township 56 North Range 1 West, Boise Meridian, Bonner County, Idaho. LESS the following described tract of land: A tract of land in the North half of the Northeast quarter of Section 10, Township 56 North, Range 1 West, Boise Meridian, Bonner County Idaho, more specifically described as follows: Beginning at the point of intersection of the South line of said N1/2 NE1/4 with the Easterly right-of-way line of Bottle Bay Road, as shown on the Plat of Emerald Acres, a Plat recorded in Book 2 of Plats, Page 121, recorded August 6, 1965 in the records of Bonner County; thence Northwesterly along said Easterly right-of-way line a distance of 250.00 feet; thence East leaving said right-of-way line a distance of 520.00 feet; thence Southeasterly on a line parallel with said Easterly right-of-way line a distance of 250.00 feet to a point on said South line of the N1/2 NE1/4 thence West along said South line a distance of 520.00 feet to the Point of Beginning. Parcel 2: A tract of land in the North half of the Northeast quarter of Section 10, Township 56 North, Range 1 West, Boise Meridian, Bonner County Idaho, more specifically described as follows: Beginning at the point of intersection of the South line of said N1/2NE1/4 with the Easterly right-of-way line of Bottle Bay Road, as shown on the Plat of Emerald Acres, a plat recorded in Book 2 of Plats, Page 121, recorded August 6, 1965 in the records of Bonner County; thence Northwesterly along said Easterly right-of-way line a distance of 250.00 feet; thence East leaving said right-of-way line a distance of 520.00 feet; thence Southeasterly on a line parallel with said Easterly right-of-way line a distance of 250.00 feet to a point on said South line of the N1/2 NE1/4 thence West along said South line a distance of 520.00 feet to the Point of Beginning. ALSO KNOWN AS: The North half of the North half of Section 10, Township 56 North, Range 1 West, Boise Meridian, Bonner County, Idaho, lying East of the existing Bottle Bay Road, and lying West of the existing Sagle Road. EXCEPT any portion lying within the County Road right of way. The Trustee has no knowledge of a more particular description of the above-referenced Property but, for purposes of compliance with Section 60-113 of Idaho Code, the Trustee has been informed that the address of NNA Bottle Bay Road, Sagle, ID 83860, is sometimes associated with said real property. 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 John F. Churchill and Sally A Churchill, husband and wife, as Grantor, to Pioneer Title Company of Kootenai County, Inc., as Trustee, for the benefit and security of Anesthesia Associates of CDA PLLC, PSP, Steven Kimm, TTEE FBO Steven Kimm, as Beneficiary, dated 4/18/2021, recorded 5/7/2021, under Instrument No. 982290, Mortgage records of Bonner County, ID, the beneficial interest in which is presently held by Anesthesia Associates of CDA PLLC, PSP, Steven Kimm, TTEE FBO Steven Kimm. THE ABOVE GRANTORS ARE NAMED TO COMPLY WITH SECTION 45-1506(4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The default for which is sale is made is the failure to pay when due under the Deed of Trust Note dated 4/18/2021, THE MONTHLY PAYMENT WHICH BECAME DUE ON 12/5/2021 AND ALL SUBSEQUENT MONTHLY PAYMENTS, PLUS LATE CHARGES AND OTHER COSTS AND FEES AS SET FORTH. All delinquencies are now due, together with unpaid and accruing taxes, assessments, trustee's fees, attorney's fees, costs and advances made to protect the security associated with this foreclosure. The principal balance is $800,000.00, together with interest thereon at 12% per annum from 11/5/2021, until paid. The Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligation. Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the same. DATED: January 27, 2022. Pioneer Title Company of Ada County dba Pioneer Lender Trustee Services Trustee By /S/ Deborrah Duncan, Assistant Secretary Pioneer Lender Trustee Services 8151 W. Rifleman Street Boise, ID 83704 SNP LEGAL 1195 AD#511854 JANUARY 29, FEBRUARY 5, 12, 19, 2022