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