Polk County News
Polk County Itemizer-Observer • August 3, 2016 7A
POLICE REPORT
Information for the police
report comes from law en-
forcement agencies. Not all
calls for service are included.
The status of incidents report-
ed may change after further in-
vestigation. Individuals arrest-
ed or suspected of crimes are
considered innocent until
proven guilty.
—
DALLAS
Arrests/Citations
• Jimmie L. Custer, 56, of Dal-
las in the 100 block of East El-
lendale Avenue on July 20 on a
charge of failure to perform the
duties of a driver when proper-
ty is damaged.
• Dennis C. Weltz Jr., 58, of
Dallas in the 600 block of Main
Street on Friday on a parole vio-
lation.
• Paul E. Bunyard, 62, on 800
block of Main Street on Satur-
day on charges of second-de-
gree criminal trespassing and
second-degree disorderly con-
duct.
INDEPENDENCE
Arrests/Citations
• Exie Dee Farm, 56, of Mon-
mouth, at the intersection of
South Main and C streets on
July 22 for driving under the in-
fluence of intoxicants, reckless
driving and refusal of test for
intoxicants.
• Andrew E. Weber, 20, of In-
dependence, in the 0-99 block
of Ash Street on July 23 for fur-
nishing or providing a place or
giving liquor to a minor or in-
toxicated person.
• On July 23 in the 100 block
of South Fourth Street, the fol-
lowing were at a house party
and cited for minor in posses-
sion of alcohol: Tevin M.
Cadola, 20, of Yreka, Calif., Tyler
Keith Currie, 19, of Monmouth,
and Michael E. Scholer, 20, of
Yreka.
• Jose Luis Flores Romero, 18,
of Independence, in the 1500
block of Monmouth Street on
July 24 for driving under the in-
fluence of intoxicants, fleeing
or attempting to elude a police
officer, and minor in possession
of alcohol while operating a
motor vehicle.
• Kendall Ray Hogg, 56, of In-
dependence, at the intersec-
tion of Gun Club Road and Pic-
ture Street on July 28 for hav-
ing a dog as a public nuisance.
MONMOUTH
Arrests/Citations
• Alyssa Marie McGlaughlin,
27, of Monmouth, in the 100
■ PUBLIC NOTICES
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
IN AND FOR
THE COUNTY OF POLK
Federal National Mortgage
Association ("Fannie Mae"),
Plaintiff,
vs.
LARRY R. DUDDLES II,
INDIVIDUALLY AND AS
CONSTRUCTIVE TRUSTEE OF
THE ESTATE OF LARRY R.
DUDDLES; UNKNOWN HEIRS
OF LARRY R. DUDDLES;
WESTVIEW ESTATES
HOMEOWNERS
ASSOCIATION; CAPITAL ONE
BANK (USA), N.A.; PARTIES
IN POSSESSION
Defendants.
No. 16CV02094
CIVIL SUMMONS
TO THE DEFENDANTS:
Unknown Heirs of Larry R.
Duddles
NOTICE TO DEFENDANT:
READ THESE PAPERS
CAREFULLY!
A lawsuit has been started
against you in the above-enti-
tled Court by Federal National
Mortgage Association ("Fan-
nie Mae"), Plaintiff. Plaintiff's
claim is stated in the written
Complaint, a copy of which is
on file at the Polk County
Courthouse. You must "ap-
pear" 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" must be
given to the court clerk or ad-
ministrator within 30 days
along with the required filing
fee. It must be in proper form
and have proof of service on
the plaintiff's attorney or, if the
plaintiff does not have an at-
torney, proof of service on the
plaintiff.
The object of the complaint
is to foreclose a deed of trust
dated August 19, 2009 and
recorded as Instrument No.
2009-010523 given by Larry R
Duddles on property common-
ly known as 1988 Michigan
City Lane NW, Salem, OR
97304 and legally described
as:
Lot Numbered 79, WEST-
VIEW ESTATES PHASE II, City
of Salem, Polk County, Ore-
gon.
The complaint seeks to
foreclose and terminate all in-
terest of Unknown Heirs of
Larry R. Duddles and all other
interests in the property.
The "motion" or "answer"
(or "reply") must be given to
the court clerk or administra-
tor within 30 days of the date
of first publication specified
herein along with the required
filing fee. The date of first pub-
lication of the summons is Au-
gust 3, 2016.
If you are in the active mili-
tary service of the United
States, or believe that you may
be entitled to protection of the
SCRA, please contact our of-
fice. If you do not contact us,
we will report to the court that
we do not believe that you are
protected under the SCRA.
If you have questions, you
should see an attorney imme-
diately. If you need help in
finding an attorney, you may
contact the Oregon State Bar's
Lawyer Referral Service online
at www.oregonstatebar.org or
by calling (503) 684-3763 (in
the Portland metropolitan
area) or toll-free elsewhere in
Oregon at (800) 452-7636.
Attorneys for Plaintiff,
SHAPIRO &
SUTHERLAND, LLC
/s/. Adam R Hollar
Adam R. Hollar
# 093870
[ahollar@LOGS.com]
7632 SW Durham Road,
Suite 350, Tigard, OR 97224
(360)260-2253;
Fax (360)260-2285
(Aug. 3, 10, 17, 24, 2016)
NOTICE OF
LAND USE HEARINGS
The Polk County Hearings
Officer and Board of Commis-
sioners will hold public hear-
ings to consider the following:
APPLICANT:
TearDrops NW and
Andrew W. Sprauer
(Applicant's representative)
OWNER: Jane B. Allm,
Trustee
TYPE OF APPLICATIONS:
1. Comprehensive Plan Map
Amendment: to change the
Comprehensive Plan Designa-
tion of the 0.7 acre property
from Unincorporated Commu-
nity Commercial to Unincorpo-
rated Community Industrial.
2. Zoning Map Amendment:
to change the zoning of the
0.7 acre property from Eola
Unincorporated Community
Commercial to Eola Unincor-
porated Community Industrial
Commercial.
PROPERTY LOCATION:
114 52nd Avenue NW,
Salem, Oregon (Assessment
Map T7S, R4W, Section 26A,
Tax Lots 2400 & 2500).
FILE NUMBERS:
PA 15-02 & ZC 15-01
REVIEW AND DECISION
CRITERIA: Polk County Zon-
ing Ordinance (PCZO) Sec-
tions 111.160, 111.275,
115.050, Oregon Statewide
Planning Goals
H E A R I N G DAT E S A N D
TIMES:Hearings Officer Hear-
ing: August 30, 2016 at 6:00
PM
Board of Commissioners
Hearing: October 12, 2016 at
9:00 AM
LOCATION FOR BOTH
HEARINGS:Hearing/Confer-
ence Room, First Floor, Polk
County Courthouse, 850 Main
Street, Dallas, Oregon
POLK COUNTY CONTACT:
Mark Bernard
Phone: (503) 623-9237
Email:
bernard.mark@co.polk.or.us
The location of the hearing
is handicapped accessible.
Please advise the Community
Development Department at
503-623-9237, if you will need
any special accommodations
to attend or participate in the
meeting.
A copy of all documents
and evidence relied upon in
making this decision, and the
applicable criteria are avail-
able for inspection at no cost
and will be provided at the
Community Development De-
partment for the cost of copy-
ing. Failure of an issue to be
raised in person or by letter, or
failure to provide sufficient
specificity to afford the deci-
sion maker an opportunity to
respond to the issue, pre-
cludes an appeal to the Land
Use Board of Appeals (LUBA)
based on that issue.
A copy of the staff report
will be available for inspection
at no cost at least seven days
prior to the hearing, copies
can be obtained at a reason-
able cost. Testimony may be
submitted in writing to the
Community Development De-
partment prior to the public
hearings. The public hearings
will be conducted in a manner
that allows written or oral tes-
timony in favor, opposition,
and general testimony. Testi-
mony must address the appli-
cable criteria. The Hearings Of-
ficer reviews non-legislative
amendments and provides a
recommendation to the Board
of Commissioners for a final
decision. Please include the
file numbers PA 15-02 & ZC
15-01 in all correspondence
regarding this application.
Correspondence may be sub-
mitted to:
Polk County Community
Development, Polk County
Courthouse, 850 Main Street,
Dallas, OR 97338.
Written comments received
by August 18, 2016 at 5:00 PM
will be included in the staff re-
port for the Hearings Officer.
Written comments received by
September 30, 2016 at 5:00 PM
will be included in the staff re-
port for the Board of Commis-
sioners.
(Aug. 3, 2016)
block of Catron Street South on
July 20 for first-degree criminal
mistreatment – family other,
and first-degree theft.
• Kalee Nichole Berg, 22, of
Bend, at the intersection of
Main Street West and Mon-
mouth Avenue North on July
22 for driving under the influ-
ence of intoxicants. Blood-alco-
hol level: 0.14.
• Lucio Juarez Aguilar, 22, of
Salem, in the 1500 block of
Monmouth Street on July 24
for driving under the influence
of intoxicants.
• Steven John Malcom, 22, of
Monmouth, in the 100 block of
Gwinn Street West on July 25
for second-degree theft – bicy-
cle, and second-degree crimi-
nal mischief – criminal damage.
• Jordan Thomas Mesdag,
20, of Monmouth, in the 300
block of Park Place South on
July 27 for second-degree crim-
inal mischief and second-de-
gree criminal trespass.
NOTICE OF SHERIFF’S SALE
On 09-02-16 at 10:00 a.m. at
the Polk County Sheriff’s Of-
fice, located at 850 Main St.
Dallas, OR. 97338, the defen-
dant’s interest will be sold,
subject to redemption, in the
real property located at 240
Monmouth St. Independence,
OR. 97351. The court case
number is 15CV08323, where
CITY OF INDEPENDENCE, an
Oregon Municipal Corporation
is plaintiff, and 2BWORTHY
LLC, a Colorado Limited Lia-
bility Company; JULIE CRESS-
ER, dba Family Treasures Mar-
ket Place; and ALL OCCU-
PANTS OF REAL PROPERTY
COMMONLY KNOWN AS 240
MONMOUTH STREET IN THE
CITY OF INDEPENDENCE,
OREGON is defendant. The
sale is a public auction to the
highest bidder for cash or
cashier’s check, in hand, made
out to Polk County Sheriff’s
Office. For more information
on this sale go to: http://ore-
gonsheriffssales.org/
(Aug. 3, 10, 17, 24, 2016)
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF POLK
PROBATE DEPARTMENT
In the Matter of the Estate of
JANET ANN NOAKES,
Deceased.
Case No. 16PB04752
NOTICE TO INTERESTED
PERSONS
NOTICE IS HEREBY GIVEN
that SCOTT A. NOAKES has
been appointed Personal Rep-
resentative of the above-cap-
tioned estate. All persons hav-
ing claims against the estate
are required to present them
to the Personal Representative
at the address shown below
within four months after the
date of first publication of this
Notice. All persons whose
rights may be affected by the
probate proceeding may ob-
tain additional information
from the court records, the
Personal Representative or
the attorney for the Personal
Representative.
DATED AND FIRST PUB-
LISHED this 3rd day of Au-
gust, 2016.
Monica D. Pacheco,
OSB#064600
PERSONAL
REPRESENTATIVE
Scott A. Koakes
14121 Redwood Court
Lake Oswego, OR 97034
(503) 708-7909
ATTORNEY
Monica D. Pacheco,
OSB#064600
D O U G L A S , C O N R OY D ,
GIBB & PACHECO, P.C.
528 Cottage Street N.E.
P.O. Box 469
Salem, OR 97308-0469
(503) 364-7000
Facsimile: (503) 585-0699
monica@dcm-law.com
(Aug. 3, 10, 17, 2016)
Notice of Preliminary
Determination for
Water Right Transfer T-12149
T-12149 filed by Hamilton
Farms, LLC, 14190 Airlie Rd,
Monmouth, OR 97361, propos-
es a change in character of
use under Certificates 41746,
41747, and 81452. Certificate
41746 allows for the storage of
6.0 acre-feet (af) in Reservoir
No. 1 and 1.8 af in Reservoir
No. 3 both in Sec. 32, T9S,
R5W WM for stock use; Certifi-
cate 41747 allows for the stor-
age of 3.0 af in Reservoir No. 4
in Sec. 28, T9S, R5W WM for
stock use; Certificate 81452 al-
lows for the storage of 1.0 af
in Hamilton 5 Reservoir and
2.0 af in Hamilton 7 Reservoir
in Sec. 32, T9S, R5W, and Sec
5, T10S, R5W, WM for livestock,
fire protection and flood con-
trol. The applicant proposes
to change the character of use
to multipurpose, including but
not limited to, livestock, fire
protection and flood control.
The Water Resources Depart-
Plans develop for eclipse 2017
By Emily Mentzer
The Itemizer-Observer
POLK COUNTY — It’s
more than a year away, but
everyone from hoteliers to
campground hosts, winer-
ies to chambers of com-
merce and city halls are get-
ting ready for the total solar
eclipse on Aug. 21, 2017.
The entire county will be in
the path of totality, which
stretches about 63 miles wide.
“This will be the first total
solar eclipse seen in the U.S.
in 26 years, and the first seen
in the contiguous U.S. in 38
years,” said Dave Clark, of
NationalEclipse.com. “It will
also be the first total eclipse
to travel across the U.S. from
coast to coast since 1918, and
the first total eclipse seen
only in the U.S. since the na-
tion’s founding in 1776.”
Hotels have been sold
out for years for the week-
end, and wineries are plan-
ning special campouts in
their vineyards.
Between now and Aug.
21, 2017, the Itemizer-Ob-
server will feature more sto-
ries about the eclipse and
how the county is preparing
for the event and influx of
visitors.
What are your plans for
the eclipse? Are you hosting
an event? Let us know at
ionews.com.
Solution on Page 10A
ment proposes to approve the
transfer, based on the require-
ments of ORS Chapter 540
and OAR 690-380-5000.
Any person may file, jointly
or severally, a protest or
standing statement within 30
days after the last date of
newspaper publication of this
notice, August 10, 2016. Call
(503) 986-0807 to obtain addi-
tional information or a protest
form. If no protests are filed,
the Department will issue a
final order consistent with the
preliminary determination.
(Aug. 3, 10, 2016)
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF POLK
In the Matter of the Estate of:
JOHN DELBERT GRAY,
Deceased.
CASE NO. 16PB03392
NOTICE TO INTERESTED
PERSONS
NOTICE IS HEREBY GIVEN
that the undersigned has been
appointed personal represen-
tative. All persons having
claims against the estate are
required to present them, with
vouchers attached, to the un-
dersigned personal represen-
tative, c/o Raphael Conant, At-
torney at Law, OSB #066877
PO Box 852, Salem, OR 97308,
within four months after the
date of first publication of this
notice, or the claims may be
barred.
All persons whose rights
may be affected by the pro-
ceedings may obtain addition-
a l i n fo r m a t i o n f ro m t h e
records of the court, the per-
sonal representative, or the at-
torney for the personal repre-
sentative, Raphael Conant.
Dated and first published
July 27, 2016.
George A. Gray,
Personal Representative
(July 27; Aug. 3, 10, 2016)
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF POLK
Probate Department
In the Matter of the Estate of
MARK ABEL
Deceased.
Case No. 16PB044532
NOTICE TO INTERESTED
PERSONS
NOTICE IS HEREBY GIVEN
that LESLIE WARD has been
appointed personal represen-
tative. All persons having
claims against the estate are
required to present them, with
vouchers attached, to the per-
sonal representative c/o
Michael A. Halliday, Halliday
Law, PC, 494 State St, Suite
250, Salem, Oregon
97301
within four months after the
date of first publication of this
notice, or the claims may be
barred. All persons whose
rights may be affected by the
proceedings may obtain addi-
tional information from the
records of the court, the per-
sonal representative, or the
lawyers for the personal repre-
sentative.
DATED and first published
July 20, 2016.
Michael A. Halliday,
OSB #045610
Attorney for Personal Rep-
resentative
(July 20, 27; Aug. 3, 2016)
PRUDENCE J. REED
REVOCABLE TRUST
NOTICE TO CLAIMANTS
In the Circuit Court of the
State of Oregon for the County
of Polk, Probate Department
Case Number 16PB04415.
In the Matter of the Pru-
dence J. Reed Revocable Trust
under agreement dated July
17, 1997.
Prudence J. Reed is the Set-
tlor of the Prudence J. Reed
Revocable Trust. Pioneer Trust
Bank, N.A. is the Trustee of the
Prudence J. Reed Revocable
Trust.
All persons having claims
against the Settlor are re-
quired to present them to the
Trustee at: Pioneer Trust Bank,
N.A., P.O. Box 2305, Salem, OR
97308. Claims against the trust
estate may be barred unless
presented to the trustee at the
address specified above with-
in four months after the date
of first publication of this no-
tice.
All persons whose rights
may be affected by the pro-
ceedings in this trust may ob-
tain additional information
from the Trustee or the court
file.
Date first published July 20,
2016.
Pioneer Trust Bank, N.A.,
Trustee of the Prudence J.
Reed Trust
P.O. Box 2305
Salem, OR 97308
(July 20, 27; Aug. 3, 2016)
TRUSTEE'S NOTICE OF SALE
Reference is made to that
certain trust deed made by
THOMAS J. PHILLIPS AND
MARILYN V. PHILLIPS, AS TEN-
ANTS BY THE ENTIRETY,
THEIR HEIRS, SUCCESSORS,
AND ASSIGNS as grantor, to
FIDELITY NATIONAL TITLE
INS CO as trustee, in favor of
WELLS FARGO BANK, N.A. as
beneficiary, dated October 30,
2009, recorded November 6,
2009, in the mortgage records
of Polk County, Oregon, as
Document No. 2009-012863,
and assigned to WILMINGTON
SAVINGS FUND SOCIETY,
FSB, D/B/A CHRISTIANA
TRUST, NOT INDIVIDUALLY
BUT AS TRUSTEE FOR
PRETIUM MORTGAGE ACQUI-
SITION TRUST on May 10,
2016 in the records of Polk
County, Oregon, as Document
No. 2016-004867, covering the
following described real prop-
erty situated in said county
and state, to wit:
T H E F O L L OW I N G D E -
SCRIBED PROPERTY: PAR-
CEL 3 OF PARTITION PLAT
1999-0025, FILED SEPTEM-
BER 13, 1999, IN VOLUME
1999, PAGE 0025, BOOK OF
PARTITION PLATS FOR POLK
COUNTY, STATE OF OREGON,
AS FEE NO. 473049 TOGETH-
ER WITH AN EASEMENT FOR
INGRESS, EGRESS AND UTIL-
ITIES AS SET FORTH ON SAID
PARTITION PLAT VOLUME
1999, PAGE 0025.
PROPERTY ADDRESS:
6150 Fern Hill Road, Mon-
mouth, OR 97361
There is a default by the
grantor or other person owing
an obligation or by their suc-
cessor in interest, the per-
formance of which is secured
by said trust deed, or by their
successor in interest, with re-
spect to provisions therein
which authorize sale in the
event of default of such provi-
sion. The default for which
foreclosure is made is
grantors' failure to pay when
due the following sums:
monthly payments in the total
amount of $15,566.88 begin-
ning July 1, 2014; plus ac-
crued late charges in the total
amount of $1,068.60; plus
other fees and costs in the
amount of $712.50; together
with title expense, costs,
trustee's fees and attorney's
fees incurred herein by reason
of said default; any further
sums advanced by the benefi-
ciary for the protection of the
above described real property
and its interest therein; and
prepayment penalties/premi-
ums, if applicable.
By reason of said default,
the beneficiary has declared
all sums owing on the obliga-
tion secured by said trust
deed immediately due and
payable, said sums being the
following, to wit: $275,407.06
with interest thereon at the
rate of 5.25000 percent per
annum beginning June 1,
2014; plus escrow advances in
the total amount of $4,469.84;
plus accrued late charges in
the total amount of $1,068.00;
plus other fees and costs in
the amount of $846.00; togeth-
er with title expense, costs,
trustee's fees and attorney's
fees incurred herein by reason
of said default; any further
sums advanced by the benefi-
ciary for the protection of the
above described property and
its interest therein; and pre-
payment penalties/premiums,
if applicable.
WHEREFORE, notice is
hereby given that the under-
signed trustee will on Novem-
ber 8, 2016, at the hour of
11:00 AM, in accord with the
standard of time established
by ORS 187.110, at Polk Coun-
ty Courthouse Main Entrance,
850 Main Street, Dallas, OR
97338, in the City of Dallas,
County of Polk, State of Ore-
gon, sell at public auction to
the highest bidder for cash the
interest in the real property
described above, which the
grantor had or had power to
convey at the time of the exe-
cution by grantor of the trust
deed together with any inter-
est which the grantor or
grantor's successors in inter-
est acquired after the execu-
tion of the trust deed, to satis-
fy the foregoing obligations
thereby secured and the costs
and expenses of the sale, in-
cluding reasonable charges by
the trustee. Notice is further
given that any person named
in ORS 86.778 has the right, at
any time that is not later than
five days before the date last
set for the sale, to have this
foreclosure proceeding dis-
missed and the trust deed re-
instated by payment to the
beneficiary of the entire
amount then due (other than
such portion of the principle
as would not then be due had
no default occurred) and by
curing any other default com-
plained of herein that is capa-
ble of being cured by tender-
ing the performance required
under the obligation or trust
deed, and in addition to pay-
ing those sums or tendering
the performance necessary to
cure the default, by paying all
costs and expenses actually
incurred in enforcing the obli-
gation and trust deed, togeth-
er with trustee and attorney
f e e s n o t ex c e e d i n g t h e
amounts provided by ORS
86.778.
Without limiting the
trustee's disclaimer of repre-
sentations or warranties, Ore-
gon law requires the trustee to
state in this notice that some
residential property sold at a
trustee's sale may have been
used in manufacturing
methamphetamines, the chem-
ical components of which are
known to be toxic. Prospective
purchasers of residential
property should be aware of
this potential danger before
deciding to place a bid for this
property at the trustee's sale
In construing this notice,
the singular includes the plu-
ral, the word "grantor" in-
cludes any successor in inter-
est to the grantor as well as
any other person owing an ob-
ligation, the performance of
which is secured by the trust
deed, and the words "trustee"
and beneficiary" include their
respective successors in inter-
est, if any.
Robinson Tait, P.S.
710 Second Ave, Suite 710
Seattle, WA 98104
THIS COMMUNICATION IS
FROM A DEBT COLLECTOR
AND IS AN ATTEMPT TO COL-
LECT A DEBT. ANY INFOR-
MATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF
YOU HAVE RECEIVED A DIS-
CHARGE OF THE DEBT REF-
ERENCED HEREIN IN A
BANKRUPTCY PROCEEDING,
THIS LETTER IS NOT AN AT-
TEMPT TO IMPOSE PERSON-
AL LIABILITY UPON YOU FOR
PAYMENT OF THAT DEBT. IN
THE EVENT YOU HAVE RE-
CEIVED A BANKRUPTCY DIS-
CHARGE, ANY ACTION TO EN-
FORCE THE DEBT WILL BE
TAKEN AGAINST THE PROP-
ERTY ONLY.
(July 13, 20, 27; Aug. 3, 2016)