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About Illinois Valley news. (Cave City, Oregon) 1937-current | View Entire Issue (May 12, 2010)
Illinois Valley News, Cave Junction, Ore. Wednesday, May 12, 2010 Page 21 County land development committee schedules public meetings By SCOTT JORGENSEN IVN Staff Writer Residents throughout Josephine County soon will get to sound off on the county’s land-use codes dur- ing a public meeting series. The county Land Devel- opment Committee has scheduled the meetings to hear public input regarding possible land-use changes. Earlier this year, the board of county commissioners passed an ordinance establishing the committee. Its formation was made possible by the 2009 passage of House Bill 2229 by the Legislature. It enables coun- ties to examine their land-use codes and eliminate the por- tions that are stricter than state codes. Counties also can rezone parcels of land that possibly are misclassified. The committee met in the county public works building in Grants Pass Monday eve- ning, May 10 to finalize the public meeting schedule and discuss issues regarding stand- ing in land-use cases, and the county’s road standards. Planning Director Mi- chael Snider stated that 95 percent of land-use decisions are made in the planning of- fice without public hearings, but with the consideration of submitted written comments. Once a land-use matter is put before the board of com- missioners, Snider said, that body has the final local say on appeals. From there, he con- tinued, it goes to the state Land Use Board of Appeals (LUBA). Snider said that LUBA rules state that anyone who participates in any phase of the land-use process has the right to an appeal. The plan- ning department is required to provide notice to anyone within a certain distance of an applicant’s property, he said. Anyone who receives a notice is a party to a land-use deci- sion, he said, but persons not notified also can be included if they can prove their prop- erty interests are affected in some way. Persons have 21 days to appeal after finding out about a pending land-use decision, Snider said, but can do so for up to three years. Another way to obtain status is to claim to be “aggrieved” by the decision, he said. He added that state statute provides a “low threshold” for persons to be included in that category. He stated that concerns regarding issues of standing have come up often through- out the years, but that the Legislature never has changed those rules. How- ever, Snider said, attorney fees can be assessed against persons who file frivolous appeals to LUBA. Committee Chairman Harold Haugen, a former longtime Josephine County commissioner, said that ap- peals incur a “tremendous cost” to counties and staff. “It can be used in a very abusive fashion,” he said. Homebuilder Gordon Longhurst, also a committee member, said that construc- tion timetables are limited by weather conditions. An ap- peal that takes 150 days to process can turn into a year- long process and become quite costly to builders as a result, Longhurst said. He asked Snider if plan- ning staff would be able to determine if an appeal has merit prior to consideration. Snider responded that “ministerial” decisions can be made in-house by staff, but that the trend has been toward quasi-judicial decision mak- ing, which requires processes and incurs more costs. Sometimes, Snider said, land-use conflicts between neighbors can be resolved at the local level, but that can be “labor intensive” and time consuming. Although the system is “balanced away” from case- specific adjustments, Snider said, the county can appraise which decisions can be made in a ministerial fashion. He cautioned that cases proc- essed in a ministerial way would require extremely clear standards. Taking that approach would be a “big, significant challenge,” Snider said, but it “could be explored.” Public Works Manager Charles DeJanvier addressed the issue of road standards. He said that state law allows counties to have their own standards. But if counties don’t have them, he said, they must comply with standards set by state or federal govern- ment agencies. The two goals of the county road standards are public safety and considera- tion of long-term mainte- nance costs, DeJanvier said. Longhurst said that streets under the limited resi- dential classification can serve a maximum of five lots. The difference between that and the county road standard can be “thousands of dollars,” he stated. DeJanvier related that fire codes also are involved, as emergency vehicles must be able to obtain access to any residence. He added that at any time, the commission- ers can order the public works department to maintain any road that is in the public right- of-way. Gravel roads might ini- tially be less expensive to build than asphalt roads, De- Janvier said, but they are a “completely different animal to maintain,” because of dust and drainage issues. Haugen called for the formation of a subcommittee dedicated to examining road code issues that would coordi- nate with the public works and planning departments. That subcommittee will report back to the full committee within the next two months. The full committee will meet next on Monday, June 14 at the public works build- ing, from 6 to 8 p.m. Public input meetings tentatively will be held Mon- days: May 17 at Lincoln Sav- age Middle School at 8551 New Hope Road near Mur- phy; June 7 at Cave Junction City Hall; Aug. 2 at Merlin Community Center; and Sept. 13 at Anne G. Basker Audito- rium in Grants Pass. All are set for 6 to 8 p.m., and will feature a brief overview from the planning department fol- lowed by public comments. Citizens can email com- ments in advance to plan- ning@co.josephine.or.us. Dept. of Human Services seeks budget comments A community budget forum focusing on needs will be co-hosted Thursday, May 13, in Medford by the Oregon Dept. of Human Services (DHS) and Oregon Health Authority (OHA), it was an- nounced Monday, May 10. The gathering is part of a statewide series of budget forums designed to engage community members in dis- cussion of local needs and priorities as the agencies be- gin to develop budgets for the 2011-2013 biennium. Community members are invited to join the agencies from 8 to 11 a.m. at Rogue Regency Inn, 2300 Biddle Road in Medford. If you can’t attend the forum, send your ideas to dhs.oha@dhs.state.or.us. “The feedback we re- ceive through the community forums will help form the budget priorities for DHS and OHA in the coming two years,” said Director Bruce Goldberg. “As the rising need for human services continues, we cannot forget that every number on a spreadsheet represents real people. The planning we do today helps us build a strong foundation so that we can move forward no matter what happens.” DHS leaders offer a look at the accomplishments of the past two years. They also will lead breakout sessions revolv- ing around key service areas: seniors and people with dis- abilities; children, adults and families; addictions and men- tal health; and health. Participant discussion will center on four questions: *What services are most beneficial to your commu- nity? *How would you priori- tize the 2011-2013 budget? *What is your top prior- ity for improving services? *What can communities do to prepare for coming budget shortfalls? Community members are encouraged to get involved through the forums, helping the two agencies work toward a healthy, independent and safe future for all Oregonians. For more information, visit www.oregon.gov/dhs or www.oregon.gov/oha, or visit facebook at http:// www.facebook.com/ communityforum. RCC offers tax preparation class Taxes can be compli- cated, especially when it comes to small businesses. The Rogue Community College Business Develop- ment Center is offering tax and payroll workshops, taught by Larry McMichael, a certified public accountant. Both sessions in Grants Pass will be held Friday, May 21 at the RCC Business De- velopment Center, 214 S.W. Fourth St. “Small Business Owners Tax Workshop,” 9 a.m. to noon — Learn about the free products and services that IRS has for small businesses, basics of record keeping, dif- ferent business entities and their tax forms, recording income and deductible ex- penses, self employment taxes, and much, much more. Tuition is $59 per person. “Employer Payroll Tax Workshop for Small Busi- ness,” 1 to 4 p.m. — Learn how to determine proper amounts for federal income tax withholding, Social Secu- rity, Medicare, and the forms used to report payroll taxes and those for independent contractors. Determine Form 941 deposit requirements and requirements for federal un- employment taxes. Learn about the many free IRS products available to small businesses including the Elec- tronic Federal Tax Payment System (EFTPS), and more. Tuition is $59 per person. Pre-registration is re- quired by noon two working days before the class to avoid cancellation. Enrollment is limited. Register on-line, at any RCC registration site, or phone 541-956-7494. Life does not cease to be funny when people die any more than it ceases to be serious when people laugh. ~ George Bernard Shaw ~ LEGAL NOTICE TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10- 356846-NH Reference is made to that certain deed made by BRADLEY R PALMER as Grantor to First American Title, as Trustee, in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Lehman Brothers Bank, FSB, A Federal Savings Bank, as Beneficiary, dated 12/13/2006, recorded 12/14/2006, in official re- cords of Josephine County, Oregon, in book/reel/ volume No. xxx, at page No. xxx fee/file/ instrument/microfile/reception No. 2006-025070 covering the following described real property situated in said County and State, to wit: APN: R331927 R3319272 The North half of the follow- ing described property; the Norhteast quarter of the Southwest quarter, excepting therefrom the North 185 feet thereof; also: that portion of the Northwest Quarter of the Southeast Quarter lying West of Bridgeview-Takilma Road, excepting therefrom the North 185 feet thereof; all in Section 11, Township 40 South, Range 8 WEST of the Willamette Meridian, Josephine County, Oregon. Commonly known as: 5310 TAKILMA ROAD CAVE JUNCTION, OR 97523 Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and notice has been recorded pursuant to Section 86.735 (3) of Oregon Revised Statutes; the default for which the foreclosure is made is the grantor’s: The installments of principal and interest which became due on 1/1/2010, and all subse- quent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insur- ance premiums, advances made on senior liens, taxes and/or insurance, trustee’s fees, and any attorney fees and court costs arising from or asso- ciated with the beneficiaries efforts to protect and preserve its security, all of which must be paid as a condition of reinstatement, including all sums that shall accrue through reinstatement or pay-off. Nothing in this notice shall be construed as a waiver of any fees owing to the Beneficiary under the Deed of Trust pursuant to the terms of the loan documents. Monthly Payment $2,512.37 Monthly Late Charge $125.62 By this reason of said default the beneficiary has declared all obli- gations secured by said trust deed immediately due and payable, said sums being the following, to wit: The sum of $436,599.22 together with inter- est thereon at the rate of 5.3750 per annum from 12/1/2009 until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursu- ant to the terms of said deed of trust. Whereof, notice hereby is given that, LSI Title Company of Oregon, LLC, the undersigned trustee will, on 9/7/2010, at the hour of 01:00 PM, Standard of Time, as established by section 187.110, Oregon Revised Statutes, at the front door to the Jose- phine County Courthouse, 500 NW 6th Street Grants Pass, OR County of Josephine, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor had or had power to convey at the time of execution by him of the said trust deed, together with any interest which the grantor or his successors in interest acquired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reason- able charge by the trustee. Notice is further given that any person named in section 86.753 of Ore- gon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such por- tion of said principal as would not then be due had no default occurred), together with the costs, trus- tee’s and attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or trust deed, at any time prior to five days before the date last set for sale. For Sale Information Call: 714-573-1965 or Login to www.priorityposting.com. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “grantor” includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said trust deed, the words “trustee” and “beneficiary” include their respective successors in interest, if any. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee’s deed has been issued by LSI Title Company of Oregon, LLC. If there are any irregularities discovered within 10 days of the date of this sale, that the trustee will rescind the sale, return the buyer’s money and take further action as necessary. 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 Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. NO- TICE TO RESIDENTIAL TENANTS The property in which you are living is in foreclosure. A foreclo- sure sale is scheduled for 9/7/2010. Unless the lender who is foreclosing on this property is paid, the foreclosure will go through and someone new will own this property. The following information applies to you only if you occupy and rent this property as a residential dwelling under a legiti- mate rental agreement. The information does not apply to you if you own this property or if you are not a residential tenant. If the foreclosure goes through, the business or individual who buys this property at the foreclosure sale has the right to require you to move out. The buyer must first give you an eviction notice in writing that specifies the date by which you must move out. The buyer may not give you this notice until after the foreclosure sale happens. If you do not leave before the move-out date, the buyer can have the sheriff remove you from the property after a court hear- ing. You will receive notice of the court hearing. FEDERAL LAW REQUIRES YOU TO BE NOTI- FIED IF YOU ARE OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELL- ING UNDER A LEGITIMATE RENTAL AGREE- MENT, FEDERAL LAW REQUIRES THE BUYER TO GIVE YOU A NOTICE IN WRITING A CER- TAIN NUMBER OF DAYS BEFORE THE BUYER CAN REQUIRE YOU TO MOVE OUT. THE FED- ERAL LAW THAT REQUIRES THE BUYER TO GIVE YOU THIS NOTICE IS EFFECTIVE UNTIL DECEMBER 31, 2012. Under federal law, the buyer must give you at least 90 days' notice in writing before requiring you to move out. If you are renting this property under a fixed-term lease (for example, a six-month or one-year lease), you may stay until the end of your lease term. If the buyer wants to move in and use this property as the buyer's primary residence, the buyer can give you written notice and require you to move out after 90 days, even if you have a fixed-term lease with more than 90 days left. STATE LAW NOTIFICA- TION REQUIREMENTS IF THE FEDERAL LAW DOES NOT APPLY, STATE LAW STILL RE- QUIRES THE BUYER TO GIVE YOU NOTICE IN WRITING BEFORE REQUIRING YOU TO MOVE OUT IF YOU ARE OCCUPYING AND RENTING THE PROPERTY AS A TENANT IN GOOD FAITH. EVEN IF THE FEDERAL LAW REQUIRE- MENT IS NO LONGER EFFECTIVE AFTER DE- CEMBER 31, 2012, THE REQUIREMENT UN- DER STATE LAW STILL APPLIES TO YOUR SITUATION. Under state law, if you have a fixed- term lease (for example, a six-month or one-year lease), the buyer must give you at least 60 days' notice in writing before requiring you to move out. If the buyer wants to move in and use this prop- erty as the buyer's primary residence, the buyer can give you written notice and require you to move out after 30 days, even if you have a fixed term lease with more than 30 days left. If you are renting under a month-to-month or week-to-week rental agreement, the buyer must give you at least 30 days' notice in writing before requiring you to move out. IMPORTANT: For the buyer to be re- quired to give you a notice under state law, you must prove to the business or individual who is handling the foreclosure sale that you are occupy- ing and renting this property as a residential dwell- ing under a legitimate rental agreement. The name and address of the business or individual who is handling the foreclosure sale is shown on this notice under the heading "TRUSTEE". You must mail or deliver your proof not later than 8/8/2010 (30 days before the date first set for the foreclosure sale). Your proof must be in writing and should be a copy of your rental agreement or lease. If you do not have a written rental agree- ment or lease, you can provide other proof, such as receipts for rent paid. ABOUT YOUR SECU- RITY DEPOSIT Under state law, you may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord. To do this, you must notify your landlord in writing that you want to subtract the amount of your security deposit or prepaid rent from your rent payment. You may do this only for the rent you owe your current landlord. If you do this, you must do so before the foreclosure sale. The busi- ness or individual who buys this property at the foreclosure sale is not responsible to you for any deposit or prepaid rent you paid to your landlord. ABOUT YOUR TENANCY AFTER THE FORE- CLOSURE SALE The business or individual who buys this property at the foreclosure sale may be willing to allow you to stay as a tenant instead of requiring you to move out. You should contact the buyer to discuss that possibility if you would like to stay. Under state law, if the buyer accepts rent from you, signs a new residential rental agree- ment with you or does not notify you in writing within 30 days after the date of the foreclosure sale that you must move out, the buyer becomes your new landlord and must maintain the property. Otherwise, the buyer is not your landlord and is not responsible for maintaining the property on your behalf and you must move out by the date the buyer specifies in a notice to you. YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD TO ANOTHER BUSINESS OR INDIVIDUAL OR UNTIL A COURT OR A LENDER TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. AS EXPLAINED ABOVE, YOU MAY BE ABLE TO APPLY A DEPOSIT OR RENT YOU PREPAID AGAINST YOUR CUR- RENT RENT OBLIGATION. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE AND OF ANY NOTICE YOU GIVE OR RECEIVE CON- CERNING THE APPLICATION OF YOUR DE- POSIT OR PREPAID RENT. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR HOME WITHOUT FIRST GO- ING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU MAY WISH TO CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer or are otherwise eligible, you may be able to receive legal assis- tance for free. Information about whom to contact for free legal assistance is included with this no- tice. Oregon State Bar (503) 684-3763; (800) 452- 7636 Legal assistance: www.lawhelp.org/or/ index.cfm Dated: 4/3/2010 Brooke Frank, as Trus- tee LSI Title Company of Oregon, LLC Signature By: Brooke Frank, Assistant Secretary Quality Loan Service Corp. of Washington, as agent for LSI Title Company of Oregon, LLC 2141 5th Ave- nue San Diego, CA 92101 619-645-7711 For Non- Sale Information: Quality Loan Service Corp. of Washington 2141 5th Avenue San Diego, CA 92101 619-645-7711 Fax: 619-645-7716 If you have previously been discharged through bank- ruptcy, you may have been released of personal liability for this loan in which case this letter is in- tended to exercise the note holder’s rights against the real property only. This Office is attempting to collect a debt and any information obtained will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflect- ing on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P# 697963 Publish & Affd: 5/12, 5/19, 5/26, 06/02/2010
