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EIGHT - Heppner Gazette-Times, Heppner, Oregon Wednesday, July 6,2011 PUBLIC NOTICE IN THE CIRCUIT COURT O F TH E STA TE OF OREGON FOR THE COUNTY OF MORROW W E S T E X T E N S IO N IRRIGATION DISTRICT, Plaintiff, vs Patricia L. Pomeroy , David P. Huff, All Occupants And Morrow County, DEFENDANTS Defendants. No. 11CV003 Notice o f Sale on Writ o f Execution Real Property An execution issued from this court in this cause on June 21, 2011, pursuant to a judgm ent rendered and entered on June 9, 2011, in favor o f West Extension Irr ig a tio n D is tr ic t and against Defendants Patricia L Pomeroy, and David P Huff. In the Judgm ent it was ordered that the certain property below be sold to satisfy an irrigation district lien. T h e e x e c u tio n is s u e d pursuant to the judgm ent commanded me to sell the real p ro p erty d e scrib ed b e lo w , to s a ti s f y th e ju d g m e n t o f $ 4 ,6 9 4 .5 7 against said defendants, together w ith interest at the rate of 16% per annum from November 19th, 2010 to date o f judgm ent, and post judgm ent interest at a rate of 16% per annum, and $809.89 together with p reju d g m en t in te rest at the rate o f 16% per annum from F eb ru ary 2, 2010 to date o f judgm ent, and post judgm ent interest at a rate o f 16% per annum on irrigation district liens. $2,049.50 A ttorney fees and $ 4 4 7 .0 0 c o sts and distribution incurred herein, w ith in terest o f 9% per annum thereon from date of judgment, pursuant to ORS 545.496(2). I will on July 14, 2011 , at 10am at the door of the county courthouse in Morrow county, Oregon sell at public auction to the highest bidder for cash ( subject to redem ption as provided by law) all the interest the above named D e fe n d a n ts P a tric ia L Pom eroy, D avid P Huff, All other Occupants, and M orrow C ounty had on N ovem ber 19, 2010 and February 2,2010, the dates o f the liens, and also all of the interest that defendants had thereafter in the real p ro p e rty d e s c r ib e d as follows: A parcel o f land located in the Northwest Quarter of the Southwest Quarter of Section 23, Township 5 North, Range 26, East o f the Willamette Meridian, in the County o f Morrow and the State o f Oregon, described as follows: Beginning at the Southeast Comer of Lot 7, Block 45 W est; th en c e N o rth e rly along the East line of said Lot 7, a distance o f 621.00 feet m ore or less, to the Center line o f a Concrete L ined Irrig atio n L ateral thence Westerly along the Center line o f said Lateral a distance o f 314.00 feet, more or less, to the west line o f the East 14.00 feet o f lot 6, Block 45 West; thence southerly along said West line a distance o f 627.00 feet, more or less, to the south line thereof ; thence Easterly along the south line o f said lots 6 and 7 a distance o f 314.00 feet more or less, to the point of beginning. Dated: March 14, 2011 Title : Chief Civil Deputy By: Judy Chastain Deputy Published: June 29 and July 6 , 2011 Affidavit PUBLIC NOTICE C IT Y O F H E P P N E R MAILS WATER REPORT The City of Heppner’s 2010 Water Quality Report has I been m ailed to residents. The report describes the quality of the City’s drinking water and explains health inform ation, m onitoring data, and the sources o f w ater. T he rep o rt also provides updates on the p ro g re s s o f th e C ity ’s water supply development projects. Anyone who did not receive a copy of the report in the mail may pick one up at City Hall, 111 N. Main Street, or call 541-676-9618. Published: July 6, 2011 Affidavit PUBLIC NOTICE TRUSTEE’S NOTICE OF SALE A d e fa u lt has o c cu rred under the terms o f a trust deed made by Wayne H. S chw abrow and Brenda Schwabrow, tenants by the entirety, as grantor to Kelly D. Sutherland o f Shapiro & K reism an, as Trustee, in favor o f Union Planter Bank, NA, as Beneficiary, dated December 30, 2003, recorded January 16,2004, in the mortgage records of Morrow County, Oregon, as D oc. # 2 0 0 4 -1 0 0 3 2 , beneficial interest having been assigned to EverBank, as covering the following described real property: Parcel 2 o f Partition Plat 199 5 -8 , in th e C ou n ty o f M orrow and State o f O regon. CO M M O N LY KNOWN AS: 78539 Paul Smith Road, Boar dm an, o f t 97818. 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 o f default has been recorded pursuant to Oregon Revised Statutes 86.735(3); the default for w hich the foreclosure is made is grantor's failure to pay when due the following sums: M onthly payments in the sum o f $1,129.84, from Ja n u a ry 1, 2011, and m o n th ly p a y m e n ts in the sum o f $976.27, from F ebruary 1, 2011, to g eth e r w ith all costs, disbursements, and/or fees incurred or paid by the beneficiary and/or trustee, their employees, agents or assigns. By reason of said default the beneficiary has declared all sums owing on the obligation that the trust deed secures immediately due and payable, said sum being the follow ing, to- wit: $115,867.09, together with interest thereon at the rate o f 6.5% per annum from D ecem ber 1, 2010, to g e th e r w ith all costs, disbursements, and/or fees incurred or paid by the beneficiary and/or trustee, their employees, agents or assigns. W HEREFORE, notice hereby is given that the undersigned trustee will on October 11, 2011, at the hour o f 11:00 AM PT, in accord with the standard time established by ORS 1 8 7 .1 1 0 , a t th e m ain entrance to the M orrow County Courthouse, located at 100 Court Street, in the City of Heppner, County of Morrow, State o f Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property w hich the grantor has or had power to convey at the tim e o f the execution o f 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, in c lu d in g a re a so n a b le c h a rg e by th e tru s te e . Notice is further given to any person named in ORS 86.753 that the right exists, at any time that is not later than five days before the date last set for the sale, to have this foreclosure proceeding dismissed and the trust deed reinstated by paying to the beneficiary o f the entire amount due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default com plained of herein that is capable o f being cured by tendering the performance required under the obligations or trust deed, and in addition to pay in g sa id sum s or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and trust deed, together with trustee's fees and attorney's fees n ot e x c e e d in g the amounts provided by said ORS 86.753. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes the p lu ral, the word "grantor" includes any successor in interest to the grantor as well as any other person owing an obligation, the performance o f which is secured by said trust deed, and the words "trustee" and "beneficiary" include their respective successors in interest, if any. Also, please be advised that pursuant to the terms stated on the Deed o f Trust and Note, the beneficiary is allowed to conduct property inspections while property is in default. This shall serve as notice that the beneficiary shall be c o n d u c tin g p ro p erty in sp e c tio n s on the said referenced property. The F a ir D e b t C o lle c tio n Practice Act requires that we state the following: This is an attempt to collect a debt, and any information obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings: This shall not be c o n stru e d to be an attem pt to collect the outstanding indebtedness or hold you personally liable for the debt. D a te d : 0 6 -0 8 -2 0 1 1 By: _/s/:Kelly D. Sutherland K E L L Y D . SUTHERLAND Trustee S H A P I R O & SUTHERLAND, LLC 5501 N .E . 109th C ourt, Suite N Vancouver, WA 98662 w w w .s h a p iro a tto rn e y s . com/wa T e le p h o n e : (3 6 0 ) 2 60- 2253 Toll-free: 1-800-970-5647 S&S 11-106631 Published: June 15, 22, 29 and July 6, 2011 Affidavit PUBLIC NOTICE June 15,2011 S U B J E C T : A P u b l ic Hearing will be held at the R egular M eeting o f the Heppner City Council on July 11, 2010 to consider a special request to utilize the City's Right-of-Way in the vicinity of the August street- Kirk street intersection for the parking o f a temporary residence. (This is about tw o blocks south o f the County Court House., and one block west of the Court House). City Council begins at 7:00 P.M. Background: On January 03, 2011 the Heppner Planning Commission granted a Temporary Use Permit to park an RV to Mr. & Mrs. Dan McBride at 146 Kirk street for a period o f one year. This was for Tax lot # 5500, Map 2S 26 35BC. O n M ay 0 9 , 2 0 1 1 , at the direction o f the City C ouncil, Dave DeM ayo, C ity M a n a g e r , a s k e d M r. Ju d d C o p p a c k , an independent surveyor, to locate and mark (pin) the K irk street right-of-w ay from th e A u g u st stre e t intersection south to the Kirk street bridge. This request was initiated because o f complaints received from local re s id e n ts th at the M cB rid es' w ere sto rin g construction materials too close to the edge o f the roadway. As a result of marking the Kirk street right-of-w ay, it becam e apparent that construction materials, an RV and some small sheds were clearly sitting in the right-of-way. The McBrides are re q u e s tin g s p e c ia l perm ission from the City council to remain located where they are parked (RV, sheds etc.). Failure to grant this request w ould force them too close to the steep bank o f W illow c re e k . They would be unable to utilize their property and would probably be forced to move. Published: June 29 and July 6 , 2011 Affidavit PUBLIC NOTICE The Town Council o f the Town of Lexington is going to have an executive session pursuant to ORS. 192.660 (2)(i). Executive Session will take place on Monday July 11,2011 at 6:30 pm. Published: June 29, July 6 , 2011 property is described as Tax Lot 112 o f Assessor’s Map 3N 23. The property is located south o f Interstate 84 off Threemile Road and is zoned Exclusive Farm Use. Request is to amend CU P-N -169 to increase the generating capacity o f the approved power generation facility from 3.5 Megawatts to 9.6 Megawatts through a p h a se d d e v e lo p m en t. Criteria for approval include M orrow C ounty Z oning Ordinance (MCZO) Article 3 Section 3.010 and Article 6 Conditional Uses. Opportunity to voice support or opposition to the above proposal or to ask questions will be provided. Failure to raise an issue in person or by letter or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the Land Use Board of A ppeals based on those issues. Copies o f the staff report and all relevant documents w ill be a v a ila b le a fte r July 15, 2011. For more information, please contact the Planning Department at 541-922-4624 or 541-676- 9061, extension 5503. DATED this 6th day of July 2011 PUBLIC NOTICE M ORROW COUNTY LAND USE HEARING THE MORROW C O U N T Y P L A N N IN G COMMISSION will hold the following hearings o f public interest on Tuesday, July 26, 2011, at 7:00 p.m. at the Heppner City Hall, Heppner, Oregon. Transportation System Plan M ajor Update: M orrow County, applicant. This will be the third o f at least three hearings to consider changes to the M orrow C o u n ty Transportation System Plan (TSP). Updating the TSP ensures that the County’s transportation network will be able to serve the entire County over the next 20 years and that the County is c o n s is te n t w ith th e requirements o f the State o f Oregon Transportation P lan n in g R ule. C rite ria for approval include the Morrow County TSP. Final approval o f this revision w ill be g ra n te d by the Mofrow County Court. C o n ditional U se P erm it C U P -S -2 8 8 : R ich R uhl applicant and owner. The property is described as Tax Lot 600 o f Assessor’s Map 2S 24. The property is lo c a te d on B re n n e r C anyon Road and Rhea Creek Road approximately 7 miles south o f lone and is zoned Exclusive Farm Use. Request is to approve an aggregate quarry that will process less than 500,000 tons o f aggregate material. Criteria for approval include M orrow C ounty Z oning Ordinance (MCZO) Article 3 S ectio n 3 .0 1 0(D )( 11) and Article 6 Conditional Uses. C o m p r e h e n s i v e P la n A m endm ents A C -048-11 and A C(M )-049-l 1: Rich Ruhl applicant and owner. The property is described as Tax Lot 600 of Assessor’s Map 2S 24. The property is lo c a te d on B re n n e r C anyon Road and Rhea Creek Road approximately 7 miles south o f lone and is zoned Exclusive Farm Use. Request is to amend the Comprehensive Plan to include a locally significant aggregate site to Morrow County’s list of significant a g g re g a te s ite s a n d to amend the Comprehensive Plan m ap to include the ag g reg ate site lo cation. C riteria for approval are fo u n d in th e M o rro w C ounty C o m p reh e n siv e Plan (MCCP) Review and Revision Process. C o n d itional Use Perm it C U P - N - 1 6 9 ( A ): T M F B iofuels, LLC applicant and T h re e m ile C an y o n Farm s, LLC owner. The * M ORROW COUNTY P L A N N I N G DEPARTMENT Published: July 6, 2011 Affidavit PUBLIC NOTICE The Town o f Lexington is requesting proposals from licensed bonded contractors. The project will involve fu rn is h in g all re q u ire d m a t e r i a ls , e x c a v a tio n and c o n stru c tio n o f the project. The contractor will be expected to furnish all applicable building permits and follow all b u ild in g codes. The contractor must have a current and valid contractor's license The building will house the Volunteer Fire Department. T h e b u ild in g w ill be c o n stru c te d at a site in Lexington, Oregon The building will be o f pole bam type construction. It will be 72' in length 45' in width with a 14'8" eave height. A complete set of engineered drawings may be view ed at: Town Hall 425 F Street L exington, Oregon 97839 or Hermiston Plan C enter 1565 N. 1st Hermiston, Oregon 97838. Bid requirem ents may be obtain ed by contactin g : Town o f L e x in g to n PO Box 416 Lexington, Oregon 541 -989-8515 or Hermiston Plan Center 541-564-0420 Proposals must be received no later than A ugust 1, 2011 in a sealed envelope and addressed to: Town of L exington, PO Box 416 Lexington, Oregon 97839. Proposals must be identified as "Lexington Fire Station Construction Project" Published: July 6 and 13, 2011 Affidavit Sheriff’s Report T he M orrow C ounty S h e riff’s O ffice reports handling the follow ing business: March 30 (cont.): citation to a 22 year old male subject for No Opera to r’s License and Driving Uninsured. April 6: -M CSO arrested T hom as A ntho ny Beach, 42, for Driving While Suspended-Misd. -BPD receiv ed a report o f a hit-and-run with vehicle damage at Board- man Medical Clinic. -BPD receiv ed a report o f kids going to the marina to smoke marijuana during lunch break from school. April 7: -M CSO received a report o f a fight at school. The ju v en iles were cited for Disorderly Conduct II and Crim inal M ischief II. -M C SO issued a c ita tio n to L inda Loree Pine, 46, for Driving While Suspended Violation. -MCSO was noti fied that Kody Lee Bledsoe, 28, was arrested by Hermis ton PD on an Irrigon Justice Court warrant for Failure to A p p ear on V io latio n Citation. -BPD issued a cita tion to a 20 year old female subject for Parking in a Disabled Zone. April 8: - MCSO was notified that Timothy R. Crow, 40, was arrested by Oregon State Police in Salem on an Irrigon Justice Court warrant for Failure to Pay Fine/Imporation Cervid C arcass K illed A nother State. April 9: -M CSO issued a citation to Trista Jane Melvin, 21, for Driv April 4: -M CSO ing While Suspended-Vi olation. issued a citation to Valeriy -MCSO was noti Vitalyevich Gladkov, 33, fied that Eric B enjam in for V iolating the Speed Ramsey, 41, was arrested Limit by driving 85 mph in by Umatilla County Police a 55 mph zone. -M C SO issued a Department on an Irrigon citation to a male subject Justice Court warrant for for Maintaining a Dog as a Failure to Pay Fine/Dog as a Public Nuisance. Public Nuisance. April 13: -MCSO -MCSO was noti issued a citation to Eric Alan fied that Joel Chris Sousa, 43, was arrested by a Union King, 22, for Driving While Pacific Railroad officer on Suspended-Violation. -BPD issued a cita a Morrow County Irrigon tion to Tom Raymond Car- Justice Court warrant for roll, 27, for Driving Whiles Failure to Appear on the Suspended. original charge o f DUII. -MCSO was notified that Jessica Cruz, 26, was lodged at Umatilla County Jail on Umatilla County Sheriff’s O ffice. M CSO placed a hold for an Irrigon Justice Court warrant for Failure to Pay Fine/Failure to Appear on a Violation Citation. -BPD issued a cita tion to Bobby Elden Patter son, 30, for Failure to Obey Traffic Control Device. March 31: -MCSO lodged a juvenile at NOR- COR for Probation Viola tion. April 1: -M CSO issued a citation to Amanda Nicole Fortin, 24, for driv ing 85 mph in a 65 mph zone. -M C SO issued a citation to a 33 year old female subject for Violating the Speed Limit by driving 92 mph in a 65 mph zone. -M C S O , Irrig o n Ambulance and Irrigon Fire responded to a report o f a motorcycle crash in Irrigon. The patient was transported to Good Shepherd Hospital. A 30 year old male was cited for Reckless Driving, No Operator’s License, and No Insurance. -MCSO received a report from a mother who stated her son was smok ing marijuana in the house. MCSO and BPD responded. MCSO arrested the juvenile for Probation Violation and was lodged at NORCOR. The juvenile was also cited for Possession o f a C on trolled Substance (less than an ounce marijuana). -M C SO issued a I
