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About Polk County itemizer observer. (Dallas, Or) 1992-current | View Entire Issue (Sept. 30, 2015)
8A Polk County Itemizer-Observer • September 30, 2015 Polk County News\Public Notices Wine: Sun damage hits some vineyards District: SW Polk Fire Continued from Page 1A A few stretches of extreme- ly warm weather took a toll on the grapes, causing heat damage. Grapes suffering from heat damage shrivel up like raisins. Damaged grapes can go through fermentation, but give a bitter taste to wine. Namaste was largely spared. “Your fruit is really pris- tine, besides a little bit of heat damage,” said Netanya Welch, the harvest crew leader from Amity-based Vitis Terra Vineyard Services, a vineyard management company. She was helping at Na- maste on Sept. 23. Welch picked through the harvest- ed grapes, pulling leaves and tossing out clusters with too many raisin-like grapes. “We’ve got a little bit, but nothing to cry over,” Mas- ciorini said. Firesteed also had some slight sun damage, perhaps affecting 1 to 2 percent of the crop. “It was the last round of days over 100 degrees,” Croft said. That’s not true of every vineyard in 2015, though. Welch said Vitis Terra works with 25 vineyards spread across the valley from Sherwood to Dallas to Dundee. She said some were experiencing more signifi- cant losses. “That’s a lot of money,” she said. “It’s damaging to your income.” Welch said a number of factors determine whether grapes will suffer from the sun, including row orienta- tion, soil quality, access to water and timing. “The grapes are the most susceptible to stress when they reach … the beginning of veraison, that’s wine speak for when they start to turn color,” Welch said. “When they are first ap- proaching veraison, when they are getting their first lit- tle bit of color, they are ex- board studying options JOLENE GUZMAN/ Itemizer-Observer A harvest crew works its way through the rows of Prosperity Pinot at Namaste Vine- yards outside Dallas on the morning of Sept. 23. Namaste harvest began last week. JOLENE GUZMAN/ Itemizer-Observer Sun damage, seen here, has affected the crop this year. tremely susceptible to heat stress and sun damage, be- cause this color is what pro- tects them. It’s like a tan.” Welch, who helped Na- maste throughout the grow- ing season, put the finishing touches on her work by vigi- lantly removing clusters with too much sun damage. “I’m more picky than oth- ers,” she said. “With the flavors that we have on everything now, I would say it would be one of my best,” Masciorini said, noting that may not be the case with all wineries. “The flavors in everything right now are just huge.” He will have to wait a year before getting a better idea what the true characteristics of the 2015 vintage will be, but for now, he’s optimistic. “I’m not worried, and I worry right up to day we pick,” he said. “I couldn’t be happier. It’s a relief when it’s coming off and it’s nice.” Croft agreed. “It will be a great year to be a wine drinker,” he said. “If you see 2015 on the label, you can be confident you are going to like it.” Continued from page 1A Tax rates were then lim- ited a 3 percent growth an- nually. With little or no de- velopment happening, the district has been existing on 3 percent increases in taxes while expenses have grown fast, Hertel said. It’s gotten to the point where SW Polk will burn through its reserves and have to cut al- r e a d y “bare- bones” services without reducing expendi- t u r e s Hertel through consolidation or finding another source of revenue, Hertel said. Hertel took over as chief in Dallas and SW Polk in late 2013. It took him sever- al months before he could evaluate SW Polk’s financial standing, but when he did, he knew it wouldn’t be long before the agency was in trouble. About a year ago, Hertel broke the news to SW Polk’s board. “I think they knew they had a financial issue,” he said. “I think they were sur- prised as to how far or how in depth it had grown.” Hertel has been doing his best to cut expenses — for example selling two fire engines and replacing them with one — but that will only go so far. Soon the agency will have to consid- er consolidation with other departments or putting a bond or levy on the ballot. Both would have to be ap- proved by voters. “I think I can keep this budget and this service level afloat for another year or two by continuing to make small cuts in expens- es and taking full advan- tage of resources we have,” Hertel said. “After that, it will be cutting services until we can get one of those passed.” For several months, the board has been gathering information about consoli- dation and bonds or levies to decide which would be the best choice. “I’ve got them educated as to where we are at, and we are trying figure out what the next step is,” Her- tel said. “It boils down to very limited options.” S W Po l k’s f i n a n c i a l standing doesn’t just im- pact the approximately 15,000 people living in its coverage area, including Rickreall and the areas out- side Dallas and Falls City. The cities of Dallas and Falls City would be affected too, as the agency has serv- ice contracts with both, to the tune of $248,000 and $30,000, respectively. The Dallas contract pays for ad- ministrative services and assistance with emergency calls. “If we lose that money coming into the city of Dal- las, the citizens of Dallas would have to make that up, or we would have to cut services in the city of Dallas equivalent to that amount of money,” Hertel said. “It’s not just a SW Polk issue.” In the 2014-15 budget, the agency had $75,000 in reserve to begin the year collected $413,912 in taxes versus $538,862 in expens- es, illustrating the problem that has been brewing for years, even with lean fiscal management, Hertel said. “It’s very conservatively operated and it has been forever,” Hertel said. “They are proud of that, the board is, and I think that is a great history to have, but it is not sustainable in the future.” ■ PUBLIC NOTICES IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK NATIONSTAR MORTGAGE LLC, Plaintiff, v. THE UNKNOWN HEIRS AND DEVISEES OF HARRIET ANN MONAHAN aka H. ANN MONAHAN; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; GMAC MORTGAGE, LLC DBA DITECH; JAMES ALZAREZ aka JAMES ALVAREZ; CLARK ALVAREZ; ALLYSON ALVAREZ; OCCUPANTS OF THE PROPERTY Defendants. Case No.: 14CV06684 SUMMONS BY PUBLICATION To: THE UNKNOWN HEIRS AND DEVISEES OF HARRIET ANN MONAHAN aka H. ANN MONAHAN & OCCUPANTS OF THE PROPERTY You are hereby required to appear and defend the Com- plaint filed against you in the above entitled cause within thirty (30) days from the date of service of this summons upon you, and in case of your failure to do so, for want there- of, Plaintiff will apply to the court for the relief demanded in the Complaint. NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! You must "appear" in this case or the other side will win automatically. To "appear" you must file with the court a legal paper called a "motion" or "answer." The "motion" or "answer" (or "reply") must be given to the court clerk or ad- ministrator within 30 days of the date of first publication specified herein along with the required filing fee. It must be in proper form and have proof of service on the plain- tiff's attorney or, if the plaintiff does not have an attorney, proof of service on the plain- tiff. If you have questions, you should see an attorney imme- diately. If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. The relief sought in the Complaint is the foreclosure of the property located at 1169 SW Birch Street, Dallas, OR 97338. Date of First Publication: September 23, 2015. McCarthy & Holthus, LLP s/ Robert B. Hakari Robert B. Hakari, OSB# 114082 920 SW 3rd Ave, 1st Floor Portland, OR 97204 Phone: (855) 809-3977 Fax: (971) 201-3202 E-mail: rhakari@mccarthyholthus.com Of Attorneys for Plaintiff (Sept. 23, 30; Oct 7, 14, 2015) TRUSTEE'S NOTICE OF SALE TS No.: 026310-OR Loan No.: ******9035 Reference is made to that certain trust deed (the "Deed of Trust") executed by CHRISTOPHER A. ORIN AND H E AT H E R L . O R I N , a s Grantor, to KEY TITLE COM- PANY, as Trustee, in favor of WEST COAST BANK, as Ben- eficiary, dated 8/22/2001, recorded 8/29/2001, as Instru- ment No. 2001-011328, in the Official Records of Polk County, Oregon, which covers the following described real property situated in Polk County, Oregon: LOT 42, PARK PLACE - PHASE II, IN THE CITY OF MONMOUTH, POLK COUNTY, OREGON. APN: 538514 / 08429CB02400 Commonly known as: 1640 OZARK STREET MONMOUTH, OR 97361 The current benefi- ciary is: U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 M A S T E R PA RT I C I PAT I O N TRUST Both the beneficiary and the trustee have elected to sell the above-described real property to satisfy the obligations secured by the Deed of Trust and notice has been recorded pursuant to ORS 86.752(3). The default for which the foreclosure is made is the grantor's failure to pay when due, the following sums: Delinquent Payments: Dates: 3/1/2011 - 8/1/2015 No. Amount Total: $57,609.90 Late Charges: $1,120.14 Beneficiary Advances: $16,795.94 Foreclosure Fees and Expenses: $1,263.98 Total Required to Reinstate: $76,789.96 TOTAL REQUIRED TO PAYOFF: $203,451.94 By reason of the default, the beneficiary has declared all obligations secured by the Deed of Trust immediately due and payable, including: the principal sum of $140,213.74 together with interest thereon at the rate of 6.875 % per annum, from 2/1/2011 until paid, plus all accrued late charges, and all trustee's fees, foreclosure costs, and any sums advanced by the beneficiary pursuant to the terms and conditions of the Deed of Trust Whereof, notice hereby is given that the un- dersigned trustee, CLEAR RECON CORP., whose ad- dress is 621 SW Morrison Street, Suite 425, Portland, OR 97205, will on 1/7/2016, at the hour of 11:00 AM, standard time, as established by ORS 1 8 7 . 1 1 0 , AT T H E M A I N STREET ENTRANCE TO THE P O L K C O U N T Y C O U R T- HOUSE, 850 MAIN STREET, DALLAS, OR 97338, sell at public auction to the highest bidder for cash the interest in the above-described real property which the grantor had or had power to convey at the time it executed the Deed of Trust, together with any interest which the grantor or his successors in interest acquired after the ex- ecution of the Deed of Trust, to satisfy the foregoing obli- gations thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is further given that any per- son named in ORS 86.778 has the right to have the foreclo- sure proceeding dismissed and the Deed of Trust rein- stated by payment to the ben- eficiary of the entire amount then due (other than the por- tion of principal that would not then be due had no de- fault occurred), together with the costs, trustee's and attor- neys' fees, and curing any other default complained of in the Notice of Default by tendering the performance re- quired under the Deed of Trust at any time not later than five days before the date last set for sale. Without lim- iting the trustee's disclaimer of representations or war- ranties, Oregon law requires the trustee to state in this no- tice that some residential property sold at a trustee's sale may have been used in manufacturing methampheta- mines, the chemical compo- nents of which are known to be toxic. Prospective pur- chasers of residential proper- ty should be aware of this po- tential danger before decid- ing to place a bid for this property at the trustee's sale. 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 obli- gation, the performance of which is secured by the Deed of Trust, the words "trustee" and 'beneficiary" include their respective successors in interest, if any. Dated: 8/25/2015 CLEAR RECON CORP 621 SW Morrison Street, Ste 425 Portland, OR 97205 858-750-7600 (Sept. 9, 16, 23, 30, 2015) CITY OF DALLAS NOTICE OF PUBLIC HEARING Application: ZC 15-02 The Dallas City Council will hold a public hearing on Monday, October 5, 2015, at 7:00 p.m., in the Council Chambers at City Hall, 187 SE Court Street, Dallas, Oregon, on the application of Trahan Consulting, applicant, and Oakdale Heights Phase 1, LLC, owners, to consider a Zone Change for property lo- cated west of Ash Creek and south of the terminus of SW Hayter Street in Dallas, Ore- gon. The application includes a request to change the zon- ing from Acreage Residential (AR-5) and Industrial (I) to Residential Low Density (RL). The Planning Commission will consider testimony which addresses the applicable cri- teria listed below. Testimony may be submitted in writing to the Dallas Community De- velopment Department, City Hall, Dallas, Oregon 97338, or in writing or orally at the pub- lic hearing. The public hearing will be conducted in a manner that permits testimony from all interested parties. All per- sons wishing to testify must be recognized by the Chair and will be given an opportu- nity to be heard. Written comments submit- ted to the Community Devel- opment Department by Sep- tember 25, 2015, will be in- cluded with the staff report. Written comments submitted after that date will be for- warded to the City Council at the public hearing. The staff report will be available for in- spection at the Community Development Department at least seven days prior to the hearing. Copies of the staff report, the application, and all documents and evidence submitted by or on behalf of the applicant, and copies of the applicable criteria are available for inspection at the Community Development De- partment at no cost and copies will be provided at a reasonable cost. If any party provides additional docu- ments or evidence, the City Council may allow a continu- ance or leave the record open to allow the parties a reasonable opportunity to re- spond. Dallas City Hall is handi- capped-accessible. Any re- quests for accommodation should be made at least 48 hours before the meeting to the Community Development Department, 503-831-3565 or TDD 503-623-7355. Failure of an issue to be raised in a hearing, in person or by letter, or failure to pro- vide statements or evidence sufficient to afford the deci- sion maker an opportunity to respond to the issue pre- cludes appeal to the Land Use Board of Appeals (LUBA) based on that issue. PROPERTY LOCATION: Southwest Dallas, west of Ash Creek, at the terminus of SW Hayter Street NATURE OF REQUEST: Zone Change to Residential Low Density (RL) APPLICABLE CRITERIA: DDC Chapter 4.7.030 STAFF CONTACT FOR AD- DITIONAL INFORMATION: Suzanne Dufner, (503) 831- 3572 or suzanne.dufner@dal- lasor.gov. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR, OR SELLER, ORS 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT MUST BE PROMPT- LY FORWARDED TO THE PUR- CHASER. The recipient of this notice is hereby responsible promptly to forward a copy of this notice to every person with a documented interest, including a renter or lessee. Dated: September 17, 2015 Posted: September 17, 2015 Jason Locke, Community Development Director Published: September 30, 2015 City of Dallas, Oregon (Sept. 30, 2015) CITY OF DALLAS NOTICE OF PUBLIC HEARING The Dallas Planning Com- mission will hold a public hearing on Tuesday, October 13, 2015, at 7:00 p.m., in the Council Chambers at City Hall, 187 SE Court Street, Dal- las, Oregon, on a Legislative Amendment to the Dallas De- velopment Code, Application # LA15-01. Testimony may be submit- ted in writing to the Dallas Community Development De- partment, City Hall, Dallas, Oregon 97338, or in writing or orally at the public hearing. The public hearing will be conducted in a manner that permits testimony from all in- terested parties. All persons wishing to testify must sign in and be recognized by the Chair. The Planning Commis- sion will be making a recom- mendation to the City Council on this matter. Written comments submit- ted to the Community Devel- opment Department by Octo- ber 5, 2015, will be included with the staff report. Written comments submitted after that date will be forwarded to the Planning Commission at the public hearing. The staff report will be available for inspection at the Com- munity Development Depart- ment at least seven days prior to the hearing. Copies of the staff report, the appli- cation, and all documents and evidence submitted by or on behalf of the applicant, and copies of the applicable criteria are available for in- spection at the Community Development Department at no cost and copies will be provided at a reasonable cost. Failure of an issue to be raised in a hearing, in person or by letter, or failure to pro- vide statements or evidence sufficient to afford the deci- sion maker an opportunity to respond to the issue pre- cludes appeal to the Land Use Board of Appeals (LUBA) based on that issue. Dallas City Hall is handi- capped-accessible. Any re- quests for accommodation should be made at least 48 hours before the meeting to the Community Development Department, 503-831-3565 or TDD 503-623-7355. NATURE OF REQUEST: Amend the Dallas Develop- ment Code to address modu- lar homes, vacation rentals, r e s i d e n t i a l d r i v ew ay a p - proaches, signs, accessory structures, land use proce- dures, and outdated code ref- erences and inconsistencies. APPLICABLE CRITERA: Dallas Development Code Section 4.1.050 STAFF CONTACT FOR AD- DITIONAL INFORMATION: Suzanne Dufner, Planner, 503.831.3572 or TDD phone 503.623.7355. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR, OR SELLER, ORS 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT MUST BE PROMPT- LY FORWARDED TO THE PUR- CHASER. The recipient of this notice is hereby responsible promptly to forward a copy of this notice to every person with a documented interest, including a renter or lessee. Dated: September 23, 2015 Posted: September 23, 2015 Published: September 30, 2015 Jason Locke, Community Development Director City of Dallas, Oregon (Sept. 30, 2015) Estate of ELIZABETH ANN CUTSINGER NOTICE TO INTERESTED PERSONS Case Number: 15PB04289 Notice: The Circuit Court of the State of Oregon, for the County of Polk, has appoint- ed the undersigned as Per- sonal Representative of the Estate of Elizabeth Ann Cutsinger, deceased. All per- sons having claims against said estate are required to present the same, with proper vouchers to the Personal Representative at 3995 Hagers Grove Rd. SE Ste. 122, Salem, OR 97317, within four months from the date of first publication of this notice as stated below, or they may be barred. All persons whose rights may be affected by this proceeding may obtain addi- tional information from the records of the court, the Per- sonal Representative, or the Attorney for the Personal Representative. Dated and first published September 30, 2015 PERSONAL REPRESENTATIVE E.M. Easterly ATTORNEY FOR PERSONAL REPRESENTATIVE Adam Famulary, OSB 133556 3995 Hagers Grove Rd. SE Ste. 122 Salem, OR 97317 Phone: 503.400.2167 Fax: 888.881.9206 Email: adam.famulary@outlook.com (Sept. 30; Oct. 7, 14, 2015)