Legals for July, 7 2022
ORDINANCE NO. 670 ADAMS ZONE CHANGE FILE NO. ZC0005-22 AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF BONNER COUNTY BY THE RECLASSIFICATION OF LANDS GENERALLY LOCATED IN SECTION 3, TOWNSHIP 54 NORTH, RANGE 4 WEST FROM AGRICULTURAL/ FORESTRY-20 & RURAL-5 TO RURAL-5, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Bonner County Zoning Commission did hold a public hearing on June 2, 2022 on the File ZC0005-22 request for a change in zoning designation according to the requirements for such hearings set forth at Section 67-6509, Idaho Code, and at Title 12, Bonner County Revised Code; and WHEREAS, the Bonner County Zoning Commission did find that the zone change request File ZC0005-22 is in accordance with the Bonner County Comprehensive Plan and did recommend to the Board of County Commissioners that the zone change request be approved; and WHEREAS, the Board of County Commissioners did hold a public hearing on June 23, 2022 on the File ZC0005-22 request for a change in zoning designation according to requirements of such hearings set forth at Section 67-6509, Idaho Code and at Title 12 of the Bonner County Revised Code; and WHEREAS, the Board of County Commissioners did find that the zone change request File ZC0005-22 is in accordance with the Bonner County Comprehensive Plan; 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. SECTION 2: AMENDING THE OFFICIAL ZONING MAP The Official Zoning Map of Bonner County, Idaho is hereby amended by the reclassification of the following described lands from Agricultural / Forestry-20 & Rural-5 to Rural-5: A parcel of land in Section 3, Township 54 North, Range 04 West, Boise Meridian, Bonner County, Idaho described herein for the purpose of Bonner County rezoning consideration. Said Parcel is more particularly described as follows: Commencing at the West Quarter Corner of Said Section 3 marked by 2-1/2 inch aluminum pipe with a 3-1/4 inch diameter aluminum cap stamped USFS RLS 853 from which the Southwest Corner of Said Section 3 bears South 00°15'28" East 2668-87 feet distant and marked by a 2-1/2 inch aluminum pipe with a 3-1/4 inch diameter aluminum cap stamped RLS974; Thence from Said West Quarter Corner along the West line of Said Section 3 South 00°15'28" East 1069.14 feet to THE TRUE POINT OF BEGINNING; Thence departing Said West line North 82°07'32" East 1203.31 feet to 5/8 inch diameter rebar with plastic cap stamped PLS 8792; Thence South 22°17'45" East 244.07 feet; Thence South 21°17'45" East 594.99 feet; Thence South 16°47'45" East 465.79 feet; Thence South 22°47'45" East 291.23 feet; Thence South 02°17'45" East 246.63 feet to a point of intersection with the South Line of Said Section 3 which is marked by a 5/8 inch diameter rebar with plastic cap stamped 8792; Thence along Said South Line South 89°13'43" West 578.11 feet to a point of intersection with the centerline Kelso Lake Road; Thence along Said Center Centerline the following three courses: North 53°02'44" West 294.06 feet; North 54°05'06" West 309.94 feet; North 55°23'57" West 340.22 feet to a point intersection with the West line of Said Section 3; Thence along Said West line North 00°15'28" West 1037.66 feet to the True Point of Beginning & ATTACH SURVEYORS LEGAL W/PDF Said parcel # RP54N04W036000A containing approximately 53.61 acres SECTION 3: EFFECTIVE DATE This ordinance shall be in full force and effect upon its passage, approval and publication in one (1) issue of the Bonner County Daily Bee Newspaper, and upon the entry of the above described zoning reclassification upon the Official Zoning Map or a Supplemental Zoning Map in accordance with the provisions set forth at Chapter 4 of Title 12 of the Bonner County Revised Code. Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 23 day of June, 2022. upon the following roll call vote: Chairman Dan McDonald: AYE Commissioner Jeff Connolly: ABSENT Commissioner Steve Bradshaw: AYE BONNER COUNTY BOARD OF COMMISSIONERS /s/Dan McDonald, Chairman Absent Jeff Connolly, Commissioner /s/Steve Bradshaw, Commissioner ATTEST: Michael W. Rosedale, Clerk /s/Claire May By Clerk Date 6/23/2022 Legal:/s/Bill Wilson Legal#4340 AD#545510 July 7, 2022
ORDINANCE NO. 671 LUND ZONE CHANGE FILE NO. ZC0041-21 AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF BONNER COUNTY BY THE RECLASSIFICATION OF LANDS GENERALLY LOCATED IN SECTION 29, TOWNSHIP 56 NORTH, RANGE 2 WEST FROM RURAL-5 TO COMMERCIAL, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Bonner County Zoning Commission did hold a public hearing on June 23, 2022 on the File ZC0041-21 request for a change in zoning designation according to the requirements for such hearings set forth at Section 67-6509, Idaho Code, and at Title 12, Bonner County Revised Code; and WHEREAS, the Bonner County Zoning Commission did find that the zone change request File ZC0041-21 is in accordance with the Bonner County Comprehensive Plan and did recommend to the Board of County Commissioners that the zone change request be approved; and WHEREAS, the Board of County Commissioners did hold a public hearing on June 23, 2022 on the File ZC0041-21 request for a change in zoning designation according to requirements of such hearings set forth at Section 67-6509, Idaho Code and at Title 12 of the Bonner County Revised Code; and WHEREAS, the Board of County Commissioners did find that the zone change request File ZC0041-21 is in accordance with the Bonner County Comprehensive Plan; 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. SECTION 2: AMENDING THE OFFICIAL ZONING MAP The Official Zoning Map of Bonner County, Idaho is hereby amended by the reclassification of the following described lands from Rural-5 to Commercial: A parcel of land located in the South Half of the Northeast Quarter of Section 29, Township 56 North, Range 2 West, B.M., Bonner County, Idaho, and being more particularly described as follows: COMMENCING at the East Quarter corner (E/4) of said Section 29, monumented by an existing 2-1/2 inch brass cap monument by "PLS 882" and as shown on Record of Survey Instrument No. 943735 and according to Corner Perpetuation and Filing form Instrument No. 940558, from which the Center Quarter corner (C/4) of said Section 29, monumented by a found 5/8 inch rebar and cap by "PLS 7879", and as shown on Record of Survey Instrument No. 890552, bears North 89°21'21" West, a distance of 2638.88 feet; Thence along the South line of the said South half of the Northeast Quarter of said Section 29, North 89°21'21" West, a distance of 1189.39 feet to the intersection with the Westerly Right of way line of U.S. Highway 95 as called for in Warranty Deed Instrument No. 954026 and as shown on Record of Survey Instrument No. 395578, monumented with an existing 5/8 inch iron rod and cap by "PLS 13548", the POINT OF BEGINNING of the herein description; Thence leaving said Westerly right of way line and continuing along said South line, North 89°21'21" West, a distance of 524.37 feet to a point that falls in Algoma Lake. Said point is witnessed by an existing 5/8 inch iron rod and cap by "PLS 13548" that bears South 89°21'21" East, a distance of 85.15 feet as shown on said Record of Survey Instrument No. 943735; Thence leaving said South line and along the West line of said Warranty Deed Instrument No. 954026, North 21°37'55" East, a distance of 526.77 feet to a point that falls in said Algoma Lake. Said point is witnessed by an existing 5/8 inch iron rod and cap by "PLS 13548" that bears South 89°21'21" East, a distance of 118.23 feet as shown on said Record of Survey Instrument No. 943735; Thence leaving said West line and along the North line of said Warranty Deed Instrument No. 954026, South 89°21'21" East, a distance of 383.23 feet to the intersection with said Westerly right of way line of U.S. Highway 95, monumented with an existing 5/8 inch iron rod and cap marked "PLS 13548"; Thence leaving said North line and along said Westerly line, South 05°52'05" West, a distance of 67.32 feet to an existing 3-1/2 inch brass cap right of way monument in concrete, marked "452+66.3 RW60", as shown on said Record of Survey Instrument No. 943735; Thence continuing along said Westerly line, South 06°12'43" West, a distance of 426.79 feet to the POINT OF BEGINNING, encompassing an area of 5.13 acres. Said parcel #RP56N02W291700A containing approximately 5.30 acres SECTION 3: EFFECTIVE DATE This ordinance shall be in full force and effect upon its passage, approval and publication in one (1) issue of the Bonner County Daily Bee Newspaper, and upon the entry of the above described zoning reclassification upon the Official Zoning Map or a Supplemental Zoning Map in accordance with the provisions set forth at Chapter 4 of Title 12 of the Bonner County Revised Code. Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 23rd day of June, 2022 upon the following roll call vote: Chairman Dan McDonald: AYE Commissioner Jeff Connolly: ABSENT Commissioner Steve Bradshaw: AYE BONNER COUNTY BOARD OF COMMISSIONERS /s/Dan McDonald, Chairman Absent Jeff Connolly, Commissioner /s/Steve Bradshaw, Commissioner ATTEST: Michael W. Rosedale, Clerk /s/Claire May By Clerk Date 6/23/2022 Legal: /s/Bill Wilson Legal#4341 AD#545522 July 7, 2022
Ordinance No. 672 Title 12, Land Use Regulations Bonner County Revised Code An Ordinance of Bonner County, Idaho, setting forth its authority; amending Bonner County Revised Code Title 12 (Land Use Regulations), to make the following changes to Section 12-341 General Provisions for Nonconforming Uses and Structures; providing for severability and providing for an effective date. Whereas, Idaho Code, Title 67, Chapter 65, provides for the adoption of land use standards for the purposes of protecting property rights and enhancing property values, together with the purposes of promoting the health, safety, and general welfare of the people; and Whereas, Idaho Code, Title 67, Chapter 65, Section 6518 authorizes governing boards to adopt standards for public and private development; and Whereas, Bonner County Commissioners have adopted a comprehensive plan to guide development within the unincorporated areas of Bonner County; and Whereas, the Bonner County Board of County Commissioners did hold a public hearing on June 23, 2022, and did find the proposed amendment to the land use codes in accord with the Bonner County Comprehensive Plan and Idaho Code. Now, therefore be it ordained by the Board of County Commissioners of Bonner County, Idaho that the following be and is hereby adopted as an ordinance of Bonner County: SECTION 1: AUTHORITY This Ordinance is adopted pursuant to the authority granted at Title 67, Chapter 65, Idaho Code, and pursuant to the procedural requirements contained at Section 67-6509 and Section 67-6511, Idaho Code. SECTION 2: Title 12: Land Use Regulations Chapter 3: Zoning Districts and Land Uses Subchapter 3.4 - Nonconforming Uses and Structures Section 12-341 General Provisions for Nonconforming Uses and Structures A. Subject to the provisions of this subchapter, a nonconforming use or structure may be continued but may not be extended or altered, unless necessary to comply with a lawful requirement and unless the use or structure is a less intensive use than the permitted uses in the zone (such as a residence in a conforming residential zone which has been rezoned to industrial). Exceptions: 1. The accumulated expansion by up to ten percent (10%) of a commercial, industrial or public use, set forth in BCRC 12-333 and table 3-3, 12-334 and table 3-4, 12-335 and ta ble 3-5, or structure in any zoning district that was establish ed prior to December 9, 1981 11-18-2008, and that has been in use continuously since December 9, 1981 11-18- 2008, is permitted, provided no additional land area is be ing acquired for the expansion. 2. The accumulated expansion of such use identified in sub section A1 of this section by more than ten percent (10%), but no more than fifty percent (50%) is conditionally permit ted, provided no additional land area is being acquired for the expansion. 3. For natural material resource-based uses, operating un der an approved Idaho Department of Lands Reclamation plan, and set forth in BCRC 12-336 and table 3-6, noncon forming uses may be expanded within the parcel bounda ries existing at/on 11-18-2008. For the complete develop ment of the material resources of the State or any other necessary means to their complete development, or any other use necessary to the complete development of the material resources of the State. SECTION 3: SEVERABILITY 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 4: EFFECTIVE DATE This Ordinance shall be in full force and effect upon its passage and publication of the ordinance or ordinance summary 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 18th day of March 2022, upon the following roll call vote: Chairman Dan McDonald: AYE Commissioner Jeff Connolly: ABSENT Commissioner Steve Bradshaw: AYE BONNER COUNTY BOARD OF COMMISSIONERS /s/Dan McDonald, Chairman ABSENT Jeff Connolly, Commissioner /s/Steve Bradshaw, Commissioner ATTEST: Michael W. Rosedale, Clerk /s/Claire May By Deputy Clerk: Date 6/23/2022 Legal:/s/Bill Wilson Legal#4342 AD#545527 July 7, 2022
NOTICE OF ADVERTISEMENT FOR BIDS Separate sealed bids will be received by Bonner County at the office of the County Commissioners of said County on or before the 1st day of August, 2022, until the hour of 2:00 pm (local time) for the Solid Waste Facilities Improvements Project. The project generally consists of site improvements at four (4) existing solid waste collection sites. The project also includes construction of three (3) new buildings at the Colburn site and one (1) new building at the Idaho Hill site. The contract documents, consisting of half size Drawings and Project Manual, may be examined or obtained at the office of Bonner County Solid Waste, located at 1500 HWY 2, Suite 101, Sandpoint, ID, phone (208) 255-5681. Copies are $50 per set, which is not refundable. Alternately, Prospective bidders can download digital documents for free by calling Spencer Ferguson, PE/Bonner County Engineering Department at (208) 255-5681, ext. 2121 to get on the Plan Holder's List and request the link and password. Prospective bidders must be put on the Plan Holder's List to Bid and be notified of changes or addendum(s). In addition, the contract documents may also be examined at the following locations: Spokane Regional Plan Center A non-mandatory pre-bid conference will be held at the office of Bonner County Solid Waste on July 13, 2022 at 8:00 am (local time). Interested contractors are encouraged to attend. Each bid must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to Bonner County Board of Commissioners in an amount not less than ten percent (10%) of the total amount of the bid. Successful Bidders shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance, as required, shall be provided by the successful Bidder(s) and a certificate(s) of that insurance shall be provided. This project is funded in part or in whole with loan funding from USDA Rural Development. Davis-Bacon Wage Rates will not be applicable to this project. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid that is in the best interest of the Owner. Oral questions will only be accepted at the Pre-Bid conference. Written comments may be submitted to Travis Pyle, PE of Great West Engineering, email at: tpyle@greatwesteng.com Dated this 30th day of June, 2022. /s/Bob Howard, Director Bonner County Solid Waste Legal#4330 AD#543790 June 30, July 7, 2022
Notice of Public Hearing Notice is hereby given that a public hearing pursuant to Idaho Code and Dover City Code has been set for Dover City Council on July 14th, 2022 at Dover City Hall, 699 Lakeshore Ave., Dover, to consider the following: The City of Dover will conduct a public hearing before the Mayor and City Council to consider public comment on proposed new and/or increased fees for actual costs of services and materials listed in the fee schedule. The reason for the proposed fee changes is to reflect the costs of services and materials reasonably related to but not exceeding the actual cost of the service being rendered. The current fee schedule is out of date. Items that will be reviewed and changed: business registration, construction oversight and inspections, stormwater/drainage/erosion control plan reviews, road and plat vacations, certified copies of city records, utility billing electronic payments, sewer and water connection fees, transfer of ownership fee, billing late fees, owner request for utility shut off, water main extensions, and the utility door hanger service charge. Complete files are available for view at Dover City Hall, 699 Lakeshore Drive, during regular business hours. The public is encouraged to attend the hearing or provide written response. Any written comment greater than 1 page must be submitted 6 days prior to the meeting. Written material not exceeding 1 page may be read into the record the day of the meeting. Anyone wishing to speak at the hearing may do so in compliance with the Dover Public Hearing Resolution No. 169 (copy available at City Hall). In order to testify, the public must attend in person or provide written comment in advance. The hearing will be in "listen only" mode via Zoom at: https://us06web.zoom.us/j/2995533376?pwd=YU1mNFhJMXVWdDR6WWVaUitOUU1qUT09 The deadline for submitting written comment and/or material is 4 p.m. July 8th, 2022. Written comment can be hand delivered to 699 Lakeshore Avenue. Anyone requiring special accommodations due to disability should contact the City Clerk at (208)-265-8339 at least two days prior to the meeting. ATTEST: /s/Michele Hutchings, City Clerk Legal#4326 AD#543183 June 30, July 7, 2022
Notice Dr. Paul Koch, Optometrist will be terminating his Ponderay, Idaho Optometric practice on August 1, 2022 and is moving out of state. Patients may call 208-255-5513 until July 27, 2022 if they would like to request eyeglass/contact lens prescriptions or additional information. Legal4331 AD#543978 June 30, July 7, 14, 2022
NOTICE OF TRUSTEE'S SALE TS No: ID-22-913155-RM NOTICE IS HEREBY GIVEN that on 11/3/2022, at the hour of 9:00 AM, On the front steps of the main entrance to the Bonner County Courthouse, located at 215 S. 1st Avenue, Sandpoint, ID 83864, the trustee will sell at public auction to the highest bidder, for cash in lawful money of the United States of America, all payable at the time of sale, the following described real property situated in the County of BONNER, State of Idaho, and described as follows, to-wit: Beginning at a point 165 feet North from the Southwest corner of Government Lot 1 along the West line of Government Lot 1, Section 28, Township 56 North, Range 4 West, Boise Meridian, Bonner County, Idaho; Thence North along the West line of Government Lot 1, 577.5 feet; Thence East along the line parallel to the South line of Government Lot 1, 1056 feet; Thence South along a line parallel to the West line of Government Lot 1, 247.5 feet; Thence Southwesterly to the point of the beginning. . The Current Trustee is Robert W. McDonald, Esq., whose address is 108 1st Ave. South, Suite 202, Seattle, Washington 98104 and who can be reached by telephone at (866) 925-0241. The Trustee has no knowledge of a more particular description of the above-described real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the street address of 291 SCOTTS RD, PRIEST RIVER, ID 83856 may be associated with said real property. The 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 made and entered into on 3/23/2010, by and among LEROY D RASMUSSEN, A SINGLE MAN, as Grantor, and ALLIANCE TITLE AND ESCROW CORPORATION, as Trustee, and JPMORGAN CHASE BANK, N.A.,, as Beneficiary; said Deed of Trust having been filed of record on 3/29/2010, as Instrument No. 790036 Official Records of BONNER County, Idaho. The naming of the above Grantor(s) is done to comply with Idaho Code Sections 45-1506(4)(a); no representation is made as to the responsibility of Grantor(s) for this obligation. The default for which foreclosure is made is grantor's failure to pay when due the following sum: TOTAL REQUIRED TO REINSTATE: $44,919.84 TOTAL REQUIRED TO PAYOFF: $205,249.63 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. It will be necessary for you to contact the Trustee before the time you tender reinstatement or the payoff amount so that you may be advised of the exact amount you will be required to pay. Dated this 16th day of June, 2022. By: Robert W. McDonald, Esq., Trustee TS No: ID-22-913155-RM IDSPub #0179452 7/7/2022 7/14/2022 7/21/2022 7/28/2022 Legal#4336 AD#545444 July 7, 14, 21, 28, 2022
NOTICE TO CREDITORS Case No. CV-09-22-0769 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: JANET LOUISE MERRILL, Deceased. NOTICE IS HEREBY GIVEN that ELLEN L. PFALZGRAFF has been appointed personal representative of the Estate of JANET LOUISE MERRILL, deceased. 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 said claims will be forever barred. Claims must be filed with the Clerk of the Court and presented to the undersigned attorney for the Personal Representative at the following address: 301 Cedar Street, Suite 203, Sandpoint ID 83864. Dated this 21 day of June, 2022. SNEDDEN LAW, P.C. By:/s/Stephen Snedden Attorney for Personal Representative Legal#4318 AD#542477 June 23, 30, July 7, 2022