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Legals for July, 11 2024

| July 11, 2024 12:00 AM

The following application(s) have been filed to appropriate the public waters of the State of Idaho: 96-16978 NYE TRUST 6318 S RAY CT SPOKANE, WA 99223-7242 Point of Diversion L3 (NESW) S18 T55N R02W BONNER County Source COCOLALLA LAKE Tributary COCOLALLA CREEK Use: IRRIGATION 04/01 to 10/31 0.11 CFS Total Diversion: 0.11 CFS Date Filed: 05-15-2024 Place Of Use: IRRIGATION T55N R02W S18 L3(NESW),NESW,L3(NWSW) Total Acres: 3.5 96-17015 RONALD SIKORA TINA SIKORA 151 SWAN SHORES DR SAGLE, ID 83860-9152 Point of Diversion NWSE S34 T57N R03W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: DOMESTIC 01/01 to 12/31 0.04 CFS Use: IRRIGATION 04/01 to 10/31 0.06 CFS Total Diversion: 0.1 CFS Date Filed: 06-13-2024 Place Of Use: DOMESTIC,IRRIGATION T57N R03W S34 NWSE Total Acres: 2 96-17016 CARMEL VALLEY RANCH LLC 215 W BANDERA RD STE 114-623 BOERNE, TX 78006-2820 Point of Diversion L4 (NWNW) S4 T58N R01W BONNER County Source PACK RIVER Tributary LAKE PEND OREILLE Point of Diversion L3 (NENW) S4 T58N R01W BONNER County Source PACK RIVER Tributary LAKE PEND OREILLE Use: IRRIGATION 04/01 to 10/31 0.4 CFS Use: STOCKWATER 01/01 to 12/31 0.02 CFS Total Diversion: 0.42 CFS Date Filed: 06-17-2024 Place Of Use: IRRIGATION,STOCKWATER T58N R01W S4 L3(NENW), L4(NWNW),SENW,SWNW Place Of Use: STOCKWATER T59N R01W S33 SESW,SWSW Total Acres: 20 96-17020 WILLIAM BRAUNBERGER MARY BRAUNBERGER PO BOX 824 SANDPOINT, ID 83864-0824 Point of Diversion SWSW S23 T57N R02W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: IRRIGATION 04/01 to 10/31 0.02 CFS Total Diversion: 0.02 CFS Date Filed: 06-24-2024 Place Of Use: IRRIGATION T57N R02W S23 SWSW Total Acres: 0.3 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 7/22/2024. The protestant must also send a copy of the protest to the applicant. MATHEW WEAVER, Director Legal# 6226 AD# 24855 July 4 & 11, 2024 _________________________

MINUTES FOR THE BONNER COUNTY BOARD OF COMMISSIONERS’ MEETING June 4, 2024 CLERK – Approved payment of the FY24 Demands in Batch #18 Totaling $333,592.50. BOCC – Approved the Board of Community Guardian FY2023 Annual Report. Approved Resolution #2024-34 re-appointing Steve Franklin to the Bonner County Board of Community Guardian for a four (4) year term beginning on July 1, 2024, and expiring July 1, 2028. Approved Resolution #2024-35 recognizing Erin Busby’s dedication and service to the Bonner County Community and to accept her resignation from the Bonner County Board of Community Guardian. NOXIOUS WEEDS – Approved the Selkirk Cooperative Weed Management Area grant proposal for noxious weed interpretive signage panels with boot brushes and authorize the Bonner County Noxious Weeds Department to submit the application to the Resource Advisory Committee. Approved the US Forest Service participation agreement with the Selkirk Cooperative Weed Management Area and authorize the CWMA Chair to sign administratively. EMERGENCY MANAGEMENT – Approved and sign Resolution #2024-36 revoking Resolution #2024-32 regarding embankment erosion located in the 17939 area of Dufort Road emergency disaster no longer exists. AIRPORT – Bonner County submitted this grant application to the FAA. Bonner County submitted this funds transfer request to the FAA and the chairman signed administratively. Awarded the bid for taxilane and apron construction in the amount of $704,589 to J7 Contracting Inc. and the chairman signed administratively. Entered into this engineering services agreement in support of the recent grant application and the chairman signed administratively. Commissioner Omodt recessed the meeting at 10:19 a.m. until the scheduled Executive Session at 11:00 a.m. Reconvened at 11:00 a.m. EXECUTIVE SESSION – At 11:00 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Codes § 74-206 (1) (B) Personnel. Commissioner  Williams seconded the motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. The motion carries. Reconvened at 11:16 a.m. Commissioner Williams made a motion to proceed as directed. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Williams – Yes,  Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. The motion carries. At 11:17 Commissioner Williams made a motion to go into Executive Session under Idaho Codes § 74-206 (1) (F) Litigation. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. The motion carries. Reconvened at 11:32 a.m. Commissioner Bradshaw made a motion to proceed as directed. Commissioner Williams seconded the motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. The motion carries. The meeting was adjourned at 11:32 a.m.  __________________ The following is a summary of the Board of County Commissioners Special Meetings, (including Tax Cancellations, Assistance Meetings/Admin and other) Executive Sessions,  Emergency Meetings and Hearings held during the week of May 28, 2024 – June 3, 2024 Copies of the complete meeting minutes are available upon request. On Tuesday, May 28, 2024, an Election Canvass was held pursuant to Idaho Code §74-204 (2). Commissioner Omodt stepped down from the chair and made a motion to adopt  the Bonner County election canvass as presented by Clerk Rosedale. Commissioner Williams seconded the motion. Roll Call Vote: Commissioner Williams – Yes;  Commissioner Omodt – Yes; Commissioner Bradshaw – Yes. The motion passed. On Wednesday, May 29, 2024, Tax Cancellations were held pursuant to Idaho Code §74-204  (2). Approved: MH02462000001A, SC57N04W030100, RPS00000226460, RPK00000122402A & RPS00000155250A; Denied: RP56N05W159500 & MH56N05W159500. On Wednesday, May 29, 2024, a Tax Deed Update was held pursuant to Idaho Code §74-204 (2). Commissioner Bradshaw stepped down from the chair and made a motion to  approve setting the minimum bid as it was stated for the parcels attached to this memorandum and read into the record. I also move to approve setting the online auction dates  starting on August 2nd, 2024, and ending at 5 PM on August 16th 2024. Commissioner Williams seconded the motion. Roll Call Vote: Commissioner Williams – Yes;  Commissioner Omodt – Absent; Commissioner Bradshaw – Yes. The motion passed. On Wednesday, May 29, 2024, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). Commissioner Omodt stepped down from the chair and made a motion to uphold the Hearing Examiner’s decision, and approve this project FILE CUP0001-24 for  a winery subordinate and accessory to farming, finding that it is in accord with the general and specific objectives of the Bonner County Comprehensive Plan and Bonner County  Revised Code as enumerated in the following CONCLUSIONS OF LAW: 1. The proposed conditional use permit is in accord with the Bonner County comprehensive plan. 2.  This proposal was reviewed for compliance with the criteria and standards set forth at Title 12, BCRC Chapter 2 Subchapter 2.2, BCRC Chapter 3 Subchapter 3.3, BCRC Chapter 4 Subchapter 4.2-4.6, Chapter 7 Subchapter 7.2 and 7.6, Bonner County Revised Code. 3. The proposed use will not create a hazard or will not be dangerous to persons on or adjacent to the property. This decision is based upon the evidence submitted up to the time the Staff Report was prepared and testimony received at this hearing. I further  adopt the findings of fact and conclusions of law as set forth in the Staff Report (or as amended during this hearing) and direct planning staff to draft written findings and conclusions to reflect this decision and transmit to all interested parties. The action that could be taken to obtain the conditional use permit is to complete the Conditions of Approval as amended and I would add the following amendments: A-18, 0.5 acres of grapes must be planted within two years, and B-5, a road encroachment permit for the  existing access must be completed prior to issuance of this conditional use permit. This action does not result in a taking of private property. Commissioner Bradshaw seconded  the motion. There was discussion among the board. Commissioner Omodt stepped down from the chair and made a motion to amend condition A-18 and make it 0.5 acres of any  agricultural product for which Mr. Mills can use in his winery. Commissioner Bradshaw seconded the amendment. There was further discussion. Roll Call Vote on the amendment: Commissioner Williams – No; Commissioner Omodt – Yes; Commissioner Bradshaw – Yes. The motion carries. Roll Call Vote on the amended motion to uphold the Hearing Examiner’s decision: Commissioner Williams – No; Commissioner Omodt – Yes; Commissioner Bradshaw – Yes. The motion carries. On Thursday, May 30,  2024, an Executive Session was held pursuant to Idaho Code § 74-206 (1) (A) Hiring. On Thursday, May 30, 2024, a Special Meeting for the BOCCs was held pursuant to Idaho  Code § 74-204 (2). Legal#6245 AD#25221 July 11, 2024 _________________________

MINUTES FOR THE BONNER COUNTY  BOARD OF COMMISSIONERS’ MEETING  June 11, 2024   CLERK – Approved payment of the FY24 Claims in Batch #18 Totaling $1,294,700.46. Approved payment of the FY24 EMS Claims in Batch #18 totaling $50,550.91.  EMERGENCY MANAGEMENT/BONFIRE – Approved the Memorandum of Understanding Grant# 23WFM-Bonner in the amount of $240,000.00 and allow the chair to sign.  HUMAN RESOURCES – Approved commencing with approval of the county converting the Juvenile probation officer position into an adult probation officer position effective October 2024.   ROAD & BRIDGE – Approved this Notice of Advertisements for the Dufort Rd Culvert at Moore Creek project.   Commissioner Omodt recessed the meeting at 9:39 a.m. until the scheduled Executive Session at 11:00 a.m.  Reconvened at 11:00 a.m.  EXECUTIVE SESSION – At 11:00 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho Codes § 74-206 (1)(B) Personnel. Commissioner Williams seconded the motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. The motion carries. Reconvened at 11:06 a.m. Commissioner Williams made a motion to deny the $300 monthly vehicle allowance payment for Fairground Manager Mark Knapp, with an effective date requested of June 6. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. The motion carries.  EXECUTIVE SESSION – At 11:06 Commissioner Bradshaw made a motion to go into Executive Session under Idaho Codes § 74-206 (1)  (D) Records Exempt. Commissioner Williams seconded the motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes.  The motion carries. Reconvened at 11:13 a.m. Commissioner Williams made a motion to approve the upgrade for the voting equipment to Verity v2.7 and Windows 10 for the contract price of $40,180. This is to be paid out of this year’s election budget. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes,  Commissioner Bradshaw – Yes.  The motion carries.  EXECUTIVE SESSION –At 11:14 a.m. Commissioner Williams made a motion to go into Executive Session under Idaho Codes § 74-206 (1) (B) Personnel and 74-206 (1) (A) Hiring. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes.   The motion carries. Reconvened at 11:46 a.m. Commissioner Bradshaw made a motion to proceed as discussed on the Sheriff’s item. Commissioner Williams seconded the  motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes.  The motion carries. Commissioner Bradshaw made a  motion to proceed as discussed on Waterways. Commissioner Omodt stepped down from the chair and seconded the motion. Discussion among the board. Roll call vote:  Commissioner Williams – No, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes. The motion carries. Commissioner Williams made a motion to proceed as directed regarding Public Defender. Commissioner Bradshaw seconded the motion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw  – Yes. The motion carries.  The meeting was adjourned at 11:52 a.m.         ___________________ The following is a summary of the Board of County Commissioners Special Meetings, (including Tax Cancellations, Assistance Meetings/Admin and other) Executive Sessions, Emergency Meetings and Hearings held during the week of June 4, 2024 – June 10, 2024  Copies of the complete meeting minutes are available upon request.  On Monday, June 10, 2024, a Planning Update was held pursuant to Idaho Code §74-204 (2). On Monday, June 10, 2024, a Road & Bridge Update was held pursuant to Idaho Code §74-204 (2).  Legal#6246 AD#25229 July 11, 2024 _________________________

MINUTES FOR THE BONNER COUNTY  BOARD OF COMMISSIONERS’ MEETING  June 18, 2024  CLERK – Approved payment of the FY24 Demands in Batch #19 Totaling $955,664.49.  HUMAN RESOURCES – Approved the renewal documents for Pacific Source Plan 10/2024.  The meeting was recessed at 9:20 a.m. until 10:00 a.m.  Reconvened at 10:00 a.m.  Adjourned at 10:00 a.m.  _____________________ The following is a summary of the Board of County Commissioners Special Meetings, (including Tax Cancellations, Assistance Meetings/Admin and other) Executive Sessions, Emergency Meetings and Hearings held during the week of June 11, 2024 – June 17, 2024  Copies of the complete meeting minutes are available upon request.  On Wednesday, June 12, 2024, Tax Cancellations were held pursuant to Idaho Code §74-204 (2). Approved: RP56N03W326300, RPK00000122402A, RP/MH56N05W268800. On Wednesday, June 12, 2024, a Special Meeting for the Assessor was held pursuant to Idaho Code § 74-204 (2). On Wednesday, June 12, 2024, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). On Wednesday, June 12, 2024, an Executive Session & Special Meeting was held pursuant to Idaho Codes § 74-206 (1) & 74-204 (2). On Thursday, June 13, 2024, a Planning Hearing was held pursuant to Idaho Code §74-204 (2). On Monday, June 17, 2024, an Executive Session was held pursuant to Idaho Code § 74-206 (1) (B) Personnel. On Monday, June 17, 2024, an Executive Session was held pursuant to Idaho Code § 74-206 (1) (B) Personnel. On Monday, June 17, 2024, a Selkirks-Pend Oreille Transit Update was held pursuant to Idaho Code §74-204 (2). On Monday, June 17, 2024, a BOCC/Planning/Planning Commission Workshop was held pursuant to Idaho Code §74-204 (2).  Legal#6247 AD#25242 July 11, 2024 _________________________

MINUTES FOR THE BONNER COUNTY  BOARD OF COMMISSIONERS’ MEETING  June 25, 2024   CLERK – Approved payment of the FY24 Claims in Batch #19 Totaling $1,800,285.50. Approved payment of the FY24 EMS Claims in Batch #19 Totaling $54,740.26. Approved Resolution 2024-37 authorizing the Clerk to transfer cash from the Grant Fund, org and object 047-8905 to EMS Fund, orgs and objects 99918-9480 in the amount of $1,185.000.00. to 99918-6060 in the amount of $195.000.00, to 99918-6110 in the amount of $70,000.00, to 99918-6120 in the amount of $35,000.00, and to 99918-6130 in the amount of $15,000.00.   RECORDERS – Approved that the Recording Office give notice of non-renewal to CORE by way of letter from the Chairman of the Board.   BOCC – Approved the lease with Canon for a Canon Copier for the Commissioner’s Office. Approved Resolution 24-38, recognizing Mary Franzel’s dedication and service to the Bonner County Community and to accept her resignation from the Bonner County Board of Community Guardian.   PROSECUTORS – Approved the limited engagement agreement with Murphey Law Group, PLLC. Approved the limited engagement agreement with Naylor Hales, P.C.   SHERIFF – MARINE DIVISION – Approved and signed the agreement between IDPR and Bonner County to accept WIF grant monies to re-power a Sheriff’s patrol vessel.   SOLID WASTE – Approved S&L Undergrounds Inc. Change Order #6 in the amount of $67,652.40 for a swale dry well, scale printer, existing building approach slab, and retaining wall fall protection. Authorized the Chairman to sign the Change Order administratively.   PLANNING – The Board of County Commissioners exercised its authority via BCRC 12-315 H to interpret the zoning boundary on RP54N04W107050A to be entirely zoned Rural 5 and that there are mapping discrepancies that will be corrected by the County in the future.   Commissioner Omodt recessed the meeting until the scheduled Executive Session at 10:14 a.m.  Reconvened at 11:00 a.m.  EXECUTIVE SESSION – At 11:00 a.m. Commissioner Bradshaw made a motion to go into Executive Session under Idaho  Code § 74-206 (1)(F) Litigation. Commissioner Williams seconded the motion. Roll call vote: Commissioner Williams – Yes,  Commissioner Omodt – Yes, Commissioner Bradshaw – Yes.  The motion carries. Reconvened at 11:05 a.m. Commissioner Bradshaw made  a motion to proceed as directed. Commissioner Williams seconded the motion. Brief discussion. Roll call vote: Commissioner Williams – Yes, Commissioner Omodt – Yes, Commissioner Bradshaw – Yes.  The motion carries.  The meeting was adjourned at 11:06 a.m.  ____________________ The following is a summary of the Board of County Commissioners Special Meetings, (including Tax Cancellations, Assistance Meetings/Admin and other) Executive Sessions, Emergency Meetings and Hearings held during the week of June 18, 2024 – June 24, 2024  Copies of the complete meeting minutes are available upon request.  On Tuesday, June 18, 2024, a Sandpoint Area Seniors Update was held pursuant to Idaho Code §74-204 (2). On Thursday, June 20, 2024, a Special Meeting for the BOCC was held pursuant to Idaho Code § 74-204 (2). On Friday, June 21, 2024, an Executive Session was held pursuant to Idaho Code §74-206(1)(F) Litigation & 74-206(1)(D) Records Exempt. On Monday, June 24, 2024, an Executive Session was held pursuant to Idaho Code § 74-206 (1) (A) Hiring. On Monday, June 24, 2024, a Planning Hearing was held pursuant to Idaho Code §74-204 (2).  Legal#6248 AD#25243 July 11, 2024 _________________________

NOTICE OF TRUSTEE’S SALE  On Thursday, the 31st day of October, 2024, at the hour of 10:00 o’clock a.m. of said day at Alliance Title & Escrow, 105 Pine St., Sandpoint, in the County of Bonner, State of Idaho, Ryan M. Fawcett, as Successor Trustee, will 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 property situated in the County of Bonner, State of Idaho, and described as follows, to-wit:  LOT 3, BLOCK 27, JACKSON’S FIRST ADDITION TO PRIEST RIVER, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 1 OF PLATS, PAGE 163, RECORDS OF BONNER COUNTY, STATE OF IDAHO.  The Successor Trustee has no knowledge of a more particular description of the above-referenced real property, but for purposes of compliance with Section 60-113, Idaho Code, the Successor Trustee has been informed that the street address of 345 E. Jefferson Ave., Priest River, Idaho, 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 LISA SKINNER, an Unmarried Woman, Grantor, to Ryan M. Fawcett, Successor Trustee, for the benefit and security of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded August 26, 2022, as Instrument No. 1010573, Mortgage records of Bonner County, Idaho; and assigned to IDAHO HOUSING AND FINANCE ASSOCIATION by Assignment of Deed of Trust recorded on September 29, 2023, as Instrument No. 1025884, Mortgage records of Bonner County, Idaho. THE ABOVE GRANTOR IS NAMED TO COMPLY WITH SECTION 45-1506 (4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT SHE IS, OR IS NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION.  Said sale is a public auction for which the bid price must be paid immediately upon close of bidding by certified funds in the form of cashier’s checks, certified checks, or valid money orders only. If the Trustee is unable to convey title for any reason whatsoever, the successful bidder’s exclusive and sole remedy shall be the return of actual monies paid to the Successor Trustee and the successful bidder shall have no further recourse.  The default for which this sale is to be made is the failure to pay when due, monthly installment payments under the Deed of Trust Note dated August 26, 2022, in the amount of $2,277.50 each, for the months of June, 2023 through May, 2024, inclusive. All delinquent payments are now due, plus accumulated late charges, plus all escrow advances, plus any costs or expenses associated with this foreclosure. The accrued interest is at the rate of 5.875% per annum from May 1, 2023, and the Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligation. The principal balance owing as of this date on the obligation secured by said Deed of Trust is $329,741.09, plus accrued interest at the rate of 5.875% per annum from May 1, 2023.  DATED This 2nd day of July, 2024.  /s/RYAN M. FAWCETT, a Member of the Idaho State Bar, SUCCESSOR TRUSTEE  Legal#6249 AD#25246 July 11, 18, 25, August 1, 2024 _________________________