Image provided by: University of Oregon Libraries; Eugene, OR
About Polk County itemizer observer. (Dallas, Or) 1992-current | View Entire Issue (July 26, 2017)
Polk County News 10A Polk County Itemizer-Observer • July 26, 2017 NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representa- tive of the Estate of William Lawrence Miles, deceased, Polk County Circuit Court Case No. 17PB05194. All persons having claims against the es- tate are required to present them, with vouchers attached, to the undersigned personal representative at 1020 Liberty Street SE, Salem, Oregon 97302, 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 additional information from the records of the court, the personal repre- sentative, or the attorneys for the personal representative. Dated and first published: July 19, 2017. Elysa R. Miles Personal Representative Collier Law Stephanie M. Palmblad, OSB No. 124125 At- torneys for Personal Represen- tative 1020 Liberty Street SE Salem, OR 97302 Phone: (503) 485-7224 (July 19, 26; Aug. 2, 2017) TRUSTEE'S NOTICE OF SALE The Trust Deed to be fore- closed pursuant to Oregon law is referred to as follows (the "Trust Deed"): Grantors: Shawn M. Lyday and Cheryl A. O'Hara Trustee: Ticor Title Beneficiary: O.S.U. Federal Credit Union, nka Oregon State Credit Union Date: August 2, 2013 Recording Date: August 2, 2013 Recording Reference: 2013-008409 County of Recording: Polk County The Successor Trustee is Patrick L. Stevens and the mail- ing address of the Successor Trustee is: Patrick L. Stevens, Successor Trustee, Hutchin- son, Cox, Coons, Orr & Sher- lock, P.C., PO Box 10886, Eu- gene, OR 97440. The Trust Deed covers the following described real prop- erty in the County of Polk and State of Oregon, ("the Proper- ty"): Parcel 3 of PARTITION PLAT NO. 2006-08, in the City of Falls City, Polk County, Oregon, recorded March 14, 2006 in Vol- ume 2006, Page 08, Polk Coun- ty Records Book of Partition Plats, Polk County, Oregon. Commonly known as: 101 Montgomery Street, Falls City, OR 97344. Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and a notice of de- fault has been recorded pur- suant to Oregon Revised Statutes 86.735(3); the default for which the foreclosure is made is grantor's failure to pay when due the following sums: The monthly installment pay- ments beginning March 1, 2016 and continuing through the in- stallment due April 1, 2017; plus interest and late charges; real property taxes, plus inter- est and penalties; and other liens and penalties. Total de- fault as of April 3, 2017 is $11,824.42. By reason of said default, the beneficiary has declared all sums owing on the obligation secured by the trust deed im- mediately due and payable, those sums being the following to wit: $116,719.62 principal bal- ance, plus unpaid interest, taxes and insurance through and including April 3, 2017 in the amount of $7,180.73, to- gether with the sum of $29.55 which represents unpaid late charges, together with interest on the principal sum of $116,719.62 at the rate of 4.125% per annum from April 4, 2017 until paid, together with insurance paid by the Benefici- ary on the property, late charges and penalties, trustee fees, attorney fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the trust deed. The date, time and place of the sale is: Date and Time: September 27, 2017 11:00 a.m. Place: Polk County Court- house, 850 Main St., Dallas, OR 97338 NOTICE TO RESIDENTIAL TENANTS The property in which you are living is in foreclosure. A foreclosure sale is scheduled for September 27, 2017. The date of this sale may be post- poned. Unless the lender that is foreclosing on this property is paid before the sale date, the foreclosure will go through and someone new will own this property. After the sale, the new owner is required to pro- vide you with contact informa- tion and notice that the sale took place. The following information applies to you only if you are a bona fide tenant occupying and renting this property as a resi- dential dwelling under a legiti- mate rental agreement. The in- formation does not apply to you if you own this property or if you are not a bona fide resi- dential tenant. If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new owner can require you to move, the new owner must provide you with written notice that specifies the date by which you must move out. If you do not leave before the move-out date, the new owner can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing. PROTECTION FROM EVICTION IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORE- CLOSURE SALE FOR: • THE REMAINDER OF YOUR FIXED TERM LEASE, IF YOU HAVE A FIXED TERM LEASE; OR • AT LEAST 90 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NO- TICE. If the new owner wants to move in and use this property as a primary residence, the new owner can give you writ- ten notice and require you to move out after 90 days, even though you have a fixed term lease with more than 90 days left. You must be provided with at least 90 days' written notice after the foreclosure sale be- fore you can be required to move. A bona fide tenant is a resi- dential tenant who is not the borrower (property owner) or a child, spouse or parent of the borrower, and whose rental agreement: • Is the result of an arm's- length transaction; • Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is reduced or subsidized due to a federal, state or local subsidy; and • Was entered into prior to the date of the foreclosure sale. ABOUT YOUR TENANCY BETWEEN NOW AND THE FORECLOSURE SALE: RENT YOU SHOULD CONTINUE TO PAY RENT TO YOUR LAND- LORD UNTIL THE PROPERTY IS SOLD OR UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE TO KEEP PROOF OF ANY PAY- MENTS YOU MAKE. SECURITY DEPOSIT You may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord as provided in ORS 90.367. To do this, you must notify your land- lord in writing that you want to subtract the amount of your se- curity 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 business or individual who buys this property at the fore- closure sale is not responsible to you for any deposit or pre- paid rent you paid to your land- lord. ABOUT YOUR TENANCY AFTER THE FORECLOSURE SALE: The new owner that 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 after 90 days or at the end of your fixed term lease. After the sale, you should receive a writ- ten notice informing you that the sale took place and giving you the new owner's name and contact information. You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new residential rental agreement 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 new owner becomes your new landlord and must maintain the proper- ty. Otherwise: • You do not owe rent; • The new owner is not your landlord and is not responsible for maintaining the property on your behalf; and • You must move out by the date the new owner specifies in a notice to you. The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agree- ment to leave the premises in less than 90 days or before your fixed term lease expires. You should speak with a lawyer to fully understand your rights before making any deci- sions regarding your tenancy. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assis- tance, 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 and are otherwise eligible, you may be able to receive legal as- sistance for free. Information about whom to contact for free legal assistance is included with this notice. RIGHT TO CURE The right exists under ORS 86.753 to have this foreclosure proceeding dismissed and the Trust Deed reinstated by doing all of the following at any time that is not later than five days before the date last set for the sale: (1)Paying to the Beneficiary the entire amount then due (other than such portion as would not then be due, had no default occurred); (2)Curing any other default complained of herein that is ca- pable of being cured by tender- ing the performance required under the Trust Deed; and (3)Paying all costs and ex- penses actually incurred in en- forcing the Obligation and Trust Deed, together with Trustee's and attorney's fees not exceeding the amounts provided by ORS 86.753. In construing this notice, the singular includes the plural, the word "Grantor" includes any successor in interest to the Grantor as well as any other person owing an obligation, the performance of which is secured by the Trust Deed, and the words "Trustee" and "Ben- eficiary" include their respec- tive successors in interest, if any. We are a debt collector at- tempting to collect a debt and any information we obtain will be used to collect the debt. Cashier's checks for the foreclosure sale must be payable to Oregon State Credit Union. Dated: June 5, 2017. Patrick L. Stevens, Successor Trustee Hutchinson, Cox, Coons, Orr & Sherlock, P.C. Attorneys at Law PO Box 10886 Eugene, OR 97440 Phone: (541) 686-9160 Fax: (541) 343-8693 Date of First Publication: June 14, 2017 Date of Last Publication: July 5, 2017 (July 26; Aug. 2, 9, 16, 2017) TRUSTEE'S NOTICE OF SALE TS NO.: 17-45631 Reference is made to that certain Deed of Trust (hereinafter referred as the Trust Deed) made by GARY E. MILLER YOUST, A MARRIED MAN as Grantor to NORTH- WEST TRUSTEE SERVICES, INC., as trustee, in favor of BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCI- ATION, as Beneficiary, dated 3/26/2009. recorded 3/31/2009. in mortgage records of Polk County, Oregon Document No. 2009-003558 in Book Page cov- ering the following described real property situated in said County and State, to-wit:Por- tion of Sections 34 and 35, Township 6 South, Range 7 West of the Willamette Meridi- an, Polk County, State of Ore- gon: THE LAND REFERRED TO IN THIS EXHIBIT IS SITUATED IN THE CITY OF SHERIDAN, COUNTY OF POLK, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: BE- GINNING AT AN IRON BAR WHICH IS 2 700. 58 FEET SOUTH 88º29"46 EAST AND 803.77 FEET SOUTH 12º24'24" WEST FROM THE ONE QUAR- TER CORNER COMMON TO SECTIONS 34 AND 35 IN TOWNSHIP 6 SOUTH, RANGE 7 WEST OF THE WILLAMETTE MERIDIAN, POLK COUNTY, OREGON; AND RUNNING THENCE SOUTH 89º03'20" EAST 600.00 FEET; THENCE NORTH 12º24'24" EAST 11.81 FEET: T HENCE NORTH 85º24'32" EAST 236.00 FEET; THENCE SOUTH 2º11'45" EAST 545.09 FEET: THENCE SOUTH 87º16'27" WEST 32.10 FEET; THENCE NORTH 87º41'35" WEST 207.34 FEET; THENCE SOUTH 86º53'29" WEST 547.93 FEET; THENCE NORTH 2º51'57" WEST 83.06 FEET; THENCE SOUTH 86º32'57" WEST 31.43 FEET; THENCE NORTH 04º30'22" WEST 467.93 FEET TO THE PLACE OF BE- GINNING.ALSO: BEGINNING AT AN IRON BAR WHICH IS 2700.58 FEET SOUTH 88º29'46" EAST 803.77 FEET SOUTH 12º24'24" WEST 348.33 FEET SOUTH 4º30'22" EAST FROM THE ONE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 6 SOUTH. RANGE 7 WEST OF THE WILLAMETTE MERIDIAN, POLK COUNTY, OREGON; AND RUNNING THENCE SOUTH 4º30'22" EAST 119.60 FEET; THENCE NORTH 86º32'57" EAST 31.43 FEET; THENCE SOUTH 2º51 '57" EAST 83.06 FEET; THENCE NORTH 86º53'29" EAST 223.17 FEET; THENCE SOUTH 12º00' WEST 363.38 FEET; THENCE NORTH 88º00' WEST 770.00 FEET; THENCE NORTH 12º00' EAST 490.00 FEET; THENCE NORTH 85º29'38 EAST 476.92 FEET TO THE PLACE OF BE- GINNING.ALSO TOGETHER WITH THAT PORTION OF VA- CATED MOUNTAIN SPRINGS DRIVE THAT INURES TO SAID PROPERTY BY ORDER NO. 88- 29, FILED NOVEMBER 7, 1988, IN BOOK 217, PAGE 1569, BOOK OF RECORDS FOR POLK COUNTY. OREGON. SAVE AND EXCEPT THAT PORTION OF THE ABOVE DE- SCRIBED PARCEL LYING WITHIN LOT 3, BLOCK 4, MOUNTAIN SPRINGS ES- TATES, POLK COUNTY, ORE- GON.ALSO SAVE AND EX- CEPT THAT PROPERTY CON- VEYED TO ALICE I. PROPES AND MICHAEL F. PROPES BY DEED RECORDED DECEMBER 1, 1987 IN VOLUME 208, PAGE 2166, BOOK OF RECORDS FOR POLK COUNTY, ORE- GON.SAVE AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT THAT IS NORTH 88º00'00" WEST 100.00 FEET AND NORTH 2º00'00" EAST 25.00 FEET FROM THE NORTHWEST CORNER OF LOT 2, BLOCK 5, MOUNTAIN SPRINGS ESTATES NO. 2, BOOK OF TOWN PLATS 10, PAGE 9, POLK COUNTY CLERKS RECORDS, POLK COUNTY, OREGON; THENCE NORTH 88º00'00" WEST 91.62 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH AN ARC LENGTH OF 99.76 FEET (DELTA=9º40'04", RA- DIUS 591.24 FEET. CHORD=99.64 FEET AND BEARS NORTH 83 º09'58" WEST); THENCE NORTH 78º19'56' WEST 98.97 FEET; THENCE SOUTH 88º00'00" EAST 288.37 FEET; THENCE SOUTH 2º00'00" WEST 25.00 FEET TO THE POINT OF BE- GINNING. PARCEL II: BEGIN- NING AT A POINT WHICH 2700.58 FEET SOUTH 88º20'46" EAST, SOUTH 12º24'24" WEST 803.77 FEET. SOUTH 4º30'22" EAST 348.33 FEET, SOUTH 4º30'22" EAST 119.60 FEET, NORTH 86º32'57" EAST 31.43 FEET, SOUTH 2º51'57" EAST 83.06 FEET, NORTH 86º53'29" EAST 223.17 FEET FROM THE ONE QUARTER CORNER COM- MON TO SECTIONS 34 AND 35, TOWNSHIP 6 SOUTH, RANGE 7 WEST OF THE WILLAMETTE MERIDIAN, POLK COUNTY, OREGON; THENCE NORTH 86º53'29" EAST 140.00 FEET MORE OR LESS TO THE NORTHERLY BOUNDARY LINE OF MOUNTAIN SPRINGS DRIVE; THENCE SOUTHWEST- ERLY FOLLOWING SAID NORTHERLY BOUNDARY TO A POINT SOUTH 12º 00' EAST 280.00 FEET, MORE OR LESS, FROM THE POINT OF BEGIN- NING; THENCE NORTH 12º 00" EAST 280.00 FEET, MORE OR LESS, TO THE POINT OF BE- GINNING. SAID ABOVE DE- SCRIBED PROPERTY BEING A PORTION OF LOT 5, BLOCK 5, MOUNTAIN SPRINGS ES- TATES NO. 2, POLK COUNTY, OREGON. PARCEL III: BEGIN- NING AT A POINT WHICH IS 348.45 FEET SOUTH 04º30'22" EAST AND 31.73 FEET NORTH 85º29'38" EAST FROM THE NORTHWEST CORNER OF LOT 3, BLOCK 5, MOUNTAIN SPRINGS ESTATES IN SEC- TION 35, TOWNSHIP 6 SOUTH, RANGE 7 WEST OF THE WILLAMETTE MERIDIAN IN POLK COUNTY, OREGON, SAID POINT BEING AN ANGLE IN THE SOUTHERLY BOUND- ARY OF SAID LOT 3; THENCE NORTH 85º29'38" EAST 246.38 FEET TO AN IRON ROD; THENCE SOUTH 51º48'27" EAST, 271.16 FEET TO AN IRON ROD ON THE NORTH LINE OF MOUNTAIN SPRINGS DRIVE: THENCE NORTH 72º05'04" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 3. A DISTANCE OF 482.11 FEET MORE OR LESS TO THE POINT OF BEGINNING. The street address or other com- mon designation, if any for the real property described above is purported to be: 23500 MOUNTAIN SPRINGS DRIVE SHERIDAN, Oregon 97378. The Tax Assessor's Account ID for the Real Property is purported to be: 06735-00-02302 /564976. Both the beneficiary and the trustee, Amy F. Harrington, At- torney at Law have elected to foreclose the above referenced Trust Deed and sell the said real property to satisfy the obli- gations secured by the Trust Deed and a Notice of Default and Election to Sell has been recorded pursuant to ORS 86.752(3). All right, title, and in- terest in the said described property which the grantors had, or had power to convey, at the time of execution of the Trust Deed, together with any interest the grantors or their successors in interest ac- quired after execution of the Trust Deed shall be sold at public auction to the highest bidder for cash to satisfy the obligations secured by the Trust Deed and the expenses of sale, including the compen- sation of the trustee as provid- ed by law, and the reasonable fees of trustee's attorneys. The default for which the foreclo- sure is made is: That a breach of, and default in, the obliga- tions secured by said Deed of Trust have occurred in that a violation of the Borrower Covenants clause as contained in the Deed of Trust occurred in that "Borrower shall pay all property charges consisting of taxes, ground rents, flood and hazard insurance premiums, and special assessments in a timely manner and shall pro- vide evidence of payment to Lender", and, the borrower has not paid taxes or provided proof that the hazard insurance premiums have been paid, and therefore, the Lender has de- clared all sums secured there- by forthwith due and payable plus the foreclosure costs, legal fees and any advances that may become due, and such sums have not been paid.The amount required to cure the default in payments to date is calculated as follows: From: 7/9/2009 Total of past due payments: $383,979.64. Late Charges: $0.00. Additional charges (Taxes, Insurance): $0.00. Trustee's Fees and Costs: $1,547.00. Total neces- sary to cure: $385,526.64. Please note the amounts stat- ed herein are subject to confir- mation and review and are like- ly to change during the next 30 days. Please contact the suc- cessor trustee Amy F. Harring- ton, Attorney at Law, to obtain a "reinstatement' and or "pay- off quote prior to remitting funds.By reason of said default the beneficiary has declared all sums owing on the obligation secured by the Trust Deed due and payable. The amount re- quired to discharge this lien in its entirety to date is: $385,526.64. Said sale shall be held at the hour of 11:00 AM on 11/14/2017 in accord with the standard of time established by ORS 187.110, and pursuant to ORS 86.771(7) shall occur at the following designated place:At the front entrance of the Courthouse, 850 Main Street, Dallas, OR 97338. Other than as shown of record, nei- ther the said beneficiary nor the said trustee have any actu- al notice of any person having or claiming to have any lien upon or interest in the real property hereinabove de- scribed subsequent to the in- terest of the trustee in the Trust Deed, or of any successor(s) in interest to the grantors or of any lessee or other person in possession of or occupying the property, except: NONE. Notice is further given that any person named in ORS 86.778 has the right, at any time prior to five days before the date last set for sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by pay- ment to the beneficiary of the entire amount then due (other than such portion of the princi- pal as would not then be due had no default occurred) and by curing any other default complained of herein that is ca- pable of being cured by tender- ing the performance required under the obligation(s) of the Trust Deed, and in addition to paying said sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually in- curred in enforcing the obliga- tion and Trust Deed, together with the trustee's and attor- ney's fees not exceeding the amounts provided by ORS 86.778. The mailing address of the trustee is:Amy F. Harring- ton, Attorney at Law c/o Zieve. Brodnax and Steele, LLP One World Trade Center 121 South- west Salmon Street, 11th Floor Portland, OR 97204 (503) 946- 6558 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 se- cured by said trust deed, the words "trustee" and 'beneficia- ry" include their respective successors in interest, if any. Without limiting the trustee's disclaimer of representations or warranties, Oregon law re- quires the trustee to state in this notice that some residen- tial 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 purchasers of residential property should be aware of this potential dan- ger before deciding to place a bid for this property at the trustee's sale. Dated: June 29, 2017 Signature By: Amy F. Har- rington Attorney at Law c/o Zieve, Brodnax and Steele, LLP A-4627148 07/19/2017, 07/26/2017, 08/02/2017, 08/09/2017 (July 19, 26; Aug. 2, 9, 2017) Chemeketa Community College Budget Committee Vacancies Chemeketa Community Col- lege is seeking candidates to fill a vacancy on its Citizen’s Budget Committee in Zone 7, Polk County. The person se- lected will fill a three-year term ending June 30, 2020. Call the President’s Office, 503.399.6593, to obtain a pack- et of information or for informa- tion about zone boundaries. A subcommittee of Chemeketa’s College Board of Education may interview candidates and make a recommendation to the board. Deadline for completed applications is 4 pm, Friday, August 11, 2017. For more in- formation about Chemeketa, visit our website at www.chemeketa.edu. (July 26; Aug. 2, 2017) This is an action for Judicial Foreclosure of real property commonly known as 561 N. 13TH St. Independence, OR 97351. A motion or answer must be given to the court clerk or administrator within 30 days of the date of the first publica- tion specified herein along with the required filing fee. IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK BANK OF AMERICA, N.A., Plaintiff, v. ESTATE OF MARIAN L. GRA- HAM; JACK GRAHAM, CARL L. GRAHAM, AND RHONDA K. FRAKES INDIVIDUALLY AND AS SUCCESSOR CO- TRUSTEES OF THE MARIAN L. GRAHAM, REVOCABLE LIVING TRUST 2012; STATE OF ORE- GON DEPARTMENT OF REV- ENUE; and ALL OTHER PER- SONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 561 N 13TH ST, IN- DEPENDENCE, OR 97351, Defendants. Case No. 17CV05968 SUMMONS BY PUBLICATION TO DEFENDANTS ESTATE OF MARIAN L. GRAHAM AND ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIM- ING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 561 N 13TH ST, IN- DEPENDENCE, OR 97351: IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear and defend the action filed against you in the above-entitled cause within 30 days from the date of service of this Summons upon you; and if you fail to appear and defend, for want thereof, the Plaintiff will apply to the court for the relief demanded therein. Dated: July 6, 2017 ALDRIDGE PITE, LLP By: Christina M. Andreoni, OSB #160875 (858) 750-7600 (503) 222-2260(Facsimile) candreoni@aldridgepite.com Aldridge Pite, LLP 111 SW Columbia Street, Suite 950 Portland, OR 97201 Of Attorneys for Plaintiff NOTICE TO DEFENDANT/ DEFENDANTS 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 “an- swer”. The “motion” or “an- swer” must be given to the court clerk or administrator within 30 days (or 60 days for Defendant United States or State of Oregon Department of Revenue) along with the re- quired filing fee. It must be in proper form and have proof of service on the plaintiff's attor- ney or, if the plaintiff does not have an attorney, proof of serv- ice on the plaintiff. If you have questions, you should see an attorney immedi- ately. If you need help in find- ing an attorney, you may con- tact 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. (July 19, 26; Aug. 2, 9, 2017) CITY OF DALLAS NOTICE OF PUBLIC HEARING The Dallas Planning Com- mission will hold a public hear- ing on Tuesday, August 8, 2017 at 7:00 p.m., in the Council Chambers at City Hall, 187 SE Court Street, Dallas, Oregon, on Legislative Amendment 17- 01, a proposal to amend the City of Dallas Transportation System Plan. Specifically the proposed amendments would update the Future Street Map and the list of transportation improvement projects. The Planning Commission will con- sider testimony that addresses the amendments. Testimony may be submitted in writing to the Dallas Community Develop- ment Department, City Hall, 187 SE Court St, 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 interested parties in ac- cordance with the rules of pro- cedure adopted by the Council and available at City Hall. Written comments submitted to the Community Development Department by July 31, 2017, will be included with the staff report. Written comments sub- mitted after that date will be for- warded to the Planning Com- mission at the public hearing. The staff report will be available for inspection at the Communi- ty Development Department at least seven days prior to the hearing. Copies of the staff re- port and all documents are available for inspection at the Community Development De- partment at no cost and copies will be provided at a reasonable cost. 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 De- partment, 503-831-3565 or TDD 503-623-7355. For additional in- formation contact Jason Locke at 503.831.3565. (July 26, 2017) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of Monmouth Plan- ning Commission will hold a public hearing on Monday, Au- gust 14, 2017, at 7:00p.m. at the Monmouth City Council Cham- bers, 144 Warren Street S., to consider: Comprehensive Plan Map Amendment - Zone Change (CPMA 17-02), would amend the Comprehensive Plan Map designation from Mixed Density Residential to High Density Residential and would change the zoning from Mixed Density Residential (MX) to High Densi- ty Residential (RH) for a 5.97- acre parcel. The property is lo- cated in the 800 block of Helmick Road and is identified as Assessor Map Number 8430, Tax Lot 800. The relevant standards and criteria are found in the Mon- mouth City Code Chapter 18.15 Zone Changes and Plan Amendments. For Comprehensive Plan Map Amendment – Zone Change ap- plications, the Planning Com- mission makes a recommenda- tion to the Monmouth City Coun- cil. The City Council then makes the final decision in the matter. A second public hearing will be held before the Monmouth City Council to consider this re- quest. That public hearing is scheduled for Tuesday, Septem- ber 19, 2017, at 7:00 PM at the Monmouth City Council Cham- bers, 144 S. Warren Street. The Planning Commission and City Council will consider testimony which address the applicable criteria listed. The public hearings will be con- ducted in a manner, which per- mits testimony from the appli- cant and other interested par- ties. Any person desiring to speak either for or against the proposal may do so in person or by authorized representative at the public hearing. In addi- tion, written comments may be submitted prior to the hearing with the City Recorder at City Hall. The staff report will be available at the Monmouth City Hall at least seven (7) days prior to the hearing. The docu- ments and evidence submitted by the applicant, copies of the applicable criteria, and the staff report are available for inspec- tion at no cost and copies will be provided at reasonable cost. FAILURE TO RAISE AN ISSUE ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO AFFORD THE PLANNING COMMISSION, CITY COUNCIL, AND OTHER INTER- ESTED PARTIES AN OPPOR- TUNITY TO RESPOND TO THE ISSUE PRECLUDES APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. For further information, con- tact Mark Fancey, Community Development Director at (503)751-0147 or mfancey@ci.monmouth.or.us. (July 26, 2017)