Legals for August, 2 2023
PUBLICATION SUMMONS Case No. CV28-22-6510 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI FERGUSON ENTERPRISES, LLC, a foreign limited liability company, Plaintiff, vs. EMPIRE BOILER LLC, an Idaho limited liability company, and BRANDON D. NEFF, Defendants. TO: DEFENDANT, BRANDON D. NEFF: You have been sued by the above-named Plaintiff, Ferguson Enterprises, LLC, in the District Court in and for Kootenai County, Idaho, Case No. CV28-22-6510. The nature of the claims against you are claims for breach of personal guaranty. Any time after 21 days following the last publication of this summons, the Court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at 324 W Garden Avenue, Coeur d’Alene, Idaho 83814, (208) 446-1160, and serve a copy of your response on the Plaintiff’s counsel, Louis V. Spiker, JOHNSON MAY, at 199 N. Capitol Blvd, Ste 200, Boise, Idaho 83702, (208) 384-8588. A copy of the Publication Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter. DATED: 7/6/2023 JENNIFER LOCKE Kootenai County District Clerk By: /s/Allyssa Maryott Deputy Clerk Legal#10898 AD#11157 July 12, 19, 26, August 2, 2023 _________________________
NOTICE OF PUBLIC HEARING NOTICE is hereby given that the Board of Commissioners of Worley Highway District (“District”) received a Request from Kootenai County (Solid Waste) to exchange a public right-of-way. Pursuant to the provisions of Idaho Code §40-203, the District intends to conduct a public hearing regarding the request on Wednesday, August 9, 2023, at 9:00 a.m. at the District offices located at 12799 Ness Rd, Worley, ID 83876. The purpose of the meeting is to consider the request to vacate a portion of the public right-of-way identified as Beaudreau Road near its connection to U.S. 95 in Section 1, Township 48 North, Range 5 West, Boise Meridian, Kootenai County, Idaho and to provide Worley Highway District a strip of property in exchange located along the western boundary of the parcels owned by Kootenai County (Solid Waste) in Section 1, Township 48 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, and a 3.59-acre parcel of land lying between Sun Up Bay Road and Ness Road in Section 15, Township 48 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, and also identified as AIN 101353. At the hearing, the Commissioners shall accept all information related to the proceedings. Any person may appear and give testimony for or against the exchange. After completion of the proceedings and consideration of all related information, the Commissioners shall decide whether to grant the Request for the exchange and whether to place terms and conditions upon the exchange if granted. Anyone desiring further information concerning this proceeding may refer to and review the file in the District office at 12799 Ness Rd, Worley, ID 83876. Dated: July 6, 2023. WORLEY HIGHWAY DISTRICT By: Kevin Howard, Director of Highways Legal#10921 AD#11320 July 19, 26, August 2, 2023 _________________________
NOTICE OF HEARING ON NAME CHANGE Case No. CV28-23-4185 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: Wallace Michael Dicks, A petition to change the name of Wallace Michael Dicks, now residing in the City of Post Falls, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to Wallace Michael. The Reason for the change in name is: to take middle name as last name. A hearing on the petition is scheduled for 1:30 o’clock p.m. on Mon. August 14, 2023 at the Kootenai County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: 7/10/2023 /s/Jennifer Locke CLERK OF THE DISTRICT COURT /s/Janlyn K. Cleveland Deputy Clerk Legal#10931 AD#11451 July 12, 19, 26, August 2, 2023 _________________________
NOTICE OF SHERIFF’S SALE Case No.: CV28-22-6445 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I TRUST 2005-NC1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-NC1, Plaintiff, vs. PENNY K. ROGERS (DECEASED) AND THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF PENNY K. ROGERS; SPOUSE OF PENNY K. ROGERS; CRAIG ROMERO; JUSTIN ROMERO; JULEE CRUZ; ELLYOTT ROGERS; FLEXPOINT FUNDING CORPORATION; AUTOMATED ACCOUNTS, INC.; BOARD OF KOOTENAI COMMISSIONERS AND/OR THE CATASTROPHIC HEALTH CARE COSTS PROGRAM; STATE OF IDAHO CATASTROPHIC HEALTH CARE DIRECTOR; MIDLAND FUNDING, LLC; CASCADE CAPITAL, LLC; DOES I THROUGH XX, inclusive, AS INDIVIDUALS WITH AN INTEREST IN THE PROPERTY, Defendants. Under and by virtue of an Order for Sale of Foreclosure executed on May 24, 2023 and entered with the Court on June 1, 2023 and Writ of Execution issued on June 7, 2023 out of and under the seal of the above-entitled Court on a Judgment and Decree of Foreclosure recovered in said Court in the above-entitled action on June 1, 2023, in favor of the above-named Plaintiff, I am commanded and required to proceed to notice for sale to sell at public auction the real property described in said Order of Sale of Foreclosure and Writ of Execution and to apply the proceed of such sale to the satisfaction of said Judgment and Decree of Foreclosure with interest thereon and my fees and costs. The property directed to be sold is situate in Kootenai County, State of Idaho, and is described as follows to wit: Lot 12 in Block 3 of Sundance Meadows, according to the official plat thereof, filed in Book F of Plats at Page(s) 43 Official Records of Kootenai County, Idaho. The above-described property is commonly known as 1950 EAST SUNDANCE DRIVE, POST FALLS, ID 83854. NOTICE IS HEREBY GIVEN that on the 16th day of August, 2023, at the hour of 10:00 o’clock a.m. of said day, at KOOTENAI COUNTY SHERIFF’S OFFICE, 5500 N GOVERNMENT WAY, COEUR D’ALENE, County of Kootenai, State of Idaho, I will attend, offer and sell at public auction all or so much of the above-described property thus directed to be sold as may be necessary to raise sufficient funds to pay and satisfy the Judgment and Decree of Foreclosure as set out in said Order for Sale of Foreclosure to the highest bidder, for case or certified funds in lawful money. The time period for redemption of the above property is six (6) months from the date of sale herein. The Sheriff, by a Certificate of Sale, will transfer right, title and interest of the judgment debtor in and to the property. The Sheriff will also give possession but does not guarantee clear title nor continue possessory right to the purchaser. DATED this 19 day of JULY, 2023. Sheriff of Kootenai County By:/s/Dep. Bixby Deputy Sheriff Legal#11006 AD#11951 July 26, August 2, 9, 2023 _________________________
Notice of Public Hearing Coeur d’Alene’s Urban Renewal Agency Budget Amendment for Fiscal Year 2023 A public hearing for consideration of the ignite cda (“Agency”) budget amendment for fiscal year 2023 (FY23) will be held in the City of Coeur d’Alene Public Library’s Community Room, 702 E. Front Ave, Coeur d’Alene, Idaho, on August 16, 2023 at 4:00 p.m. Written or oral comments about the budget amendment are welcome. This budget notice amendment provides information about Agency revenue sources and allocated costs for Agency services and facilities for FY2023. The Agency budget funds the programs, services, and projects that the Agency Board has determined to be important to meet the Agency’s strategic goals. Additional information regarding the Agency can be found on the Agency website (www.ignitecda.org). Budget related comments or questions can be submitted to: Ignite CDA, Executive Director, 105 N. 1st, Suite 100, Coeur d’Alene, Idaho, 83814. The Library is accessible to persons with disabilities. Any person with disabilities desiring accommodations for the public hearing, please contact the Library office at 208-769-2471. FY2023 FY2023 FY2023 FY2023 Plan Plan Amendment Amendment Expenditures Revenues Expenditures Revenues Administration $ 219,203 $ 219,203 Expenses/Debt Service $6,307,611 $7,474,871 Capital/Debt Service $ 3,340 $ 15,340 Totals $6,530,154 $7,709,414 Tax Increment Revenue (1) $3,346,988 $2,049,164 Rental Receipts $ 0 $ 0 Int. & Misc. Funds $ 10,100 $ 50,500 Note Draws $ 0 $ 0 Property Divestitures $2,400,000 $2,250,000 Capital Financing $ 0 $ 0 Totals $5,757,088 $4,349,664 FY2023 FY2023 Plan Amendment Fund Balance (2), Beginning of Year $7,360,993 $11,426,094 Revenues $5,757,088 $ 4,349,664 Expenditures ($6,530,154) ($ 7,709,414) Fund Balance (2), Ending of Year $6,587,927 $ 8,066,344 (1) FY2023 Plan tax increment revenue generated from Kootenai County data: estimated at time of original publication. (2) FY2023 Plan fund balance: estimated value at time of original publication. Fund Balances can be applied to debt service, applied to Board approved initiatives, or held in reserve. Tony Berns Executive Director, Ignite CDA Legal#11008 AD#11997 August 2, 9, 2023
Notice of Public Hearing Coeur d’Alene’s Urban Renewal Agency Proposed Budget for Fiscal Year 2024 A public hearing for consideration of the proposed ignite cda (“Agency”) budget for the fiscal year (FY) that begins October 1, 2023, and ends September 30, 2024 (FY24), will be held in the City of Coeur d’Alene Public Library’s Community Room, 702 E. Front Ave, Coeur d’Alene, Idaho, on August 16, 2023 at 4:00 p.m. Written or oral comments about the proposed budget are welcome. This budget notice provides information about revenue sources and allocated costs for Agency services and facilities incurred for FY2022 (audited per GASB required standards), Plan FY2023 and Proposed FY2024. The Agency’s FY2024 proposed budget includes financial information for three Districts: the River District (District formed in 2003), the Atlas District (District formed in 2018) and the Health Corridor District (District formed in 2019). The FY2022 data reflects financial information for the terminated Lake District along with the remaining three active Districts: River, Atlas and Health Corridor. The Agency budget funds the programs, services, and projects that the Agency Board has determined to be important to meet the Agency’s strategic goals. Additional information regarding the Agency can be found on the Agency website (www.ignitecda.org). Budget related comments or questions can be submitted to: Ignite CDA, Executive Director, 105 N. 1st, Suite 100, Coeur d’Alene, Idaho, 83814. This public hearing on the proposed budget is required for formal adoption of the FY2024 budget. The Library is accessible to persons with disabilities. Any persons with disabilities desiring accommodations for the public hearing, please contact the Library office at 208-769-2471. FY2022 FY2022 FY2023 FY2023 FY2024 FY2024 Actual Actual Plan Plan Proposed Proposed Expenditures Revenues Expenditures Revenues Expenditures Revenues (Audited) (Audited) Administration $ 223,950 $ 219,203 $ 230,170 Expenses/Debt Service $ 6,636,696 $ 6,310,950 $7,718,764 Capital/Debt Service $11,419,638 $ 0 $ 0 Totals $18,280,284 $ 6,530,153 $7,948,934 Tax Increment Revenue (1) $ 6,026,635 $ 3,346,988 $2,613,803 Rental Receipts $ 0 $ 0 $ 0 Int. & Misc. Funds $ 54,410 $ 10,100 $ 40,800 Property Divestitures $ 17,007,860 $ 2,400,000 $4,870,000 Capital Financing $ 300,000 $ 0 $ 0 Totals $ 23,388,905 $ 5,757,088 $7,524,603 FY2022 FY2023 FY2024 (Audited) Plan Proposed Fund Balance (2), Beginning of Year $ 5,697,830 $ 7,360,993 $10,481,787 Revenues $ 23,388,905 $ 5,757,088 $ 7,524,603 Expenditures ($18,280,284) ($ 6,530,153) ($ 7,948,934) Fund Balance (2), Ending of Year $10,806,451 $ 6,587,928 $10,057,456 (1) FY2023 & FY2024 tax increment revenue generated from Kootenai County data - estimated at time of publication. (2) FY2023 (Plan) & FY2024 (Proposed) fund balances are estimated values at time of publication. Fund Balances can be applied to debt service, applied to Board approved initiatives, or held in reserve. Tony Berns Executive Director, Ignite CDA Legal#11009 AD#11998 August 2, 9, 2023
NOTICE TO CREDITORS (I.C. § 15-3-801) Case No. CV28- 23-4251 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI In the Matter of the Estate of GRAYDON D. JOHNSON, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Decedent. All persons having claims against the Decedent or of the Estate are required to present their claims within four months after the date of the first publication of this Notice or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 7th day of July, 2023. /s/Virginia T. Johnson c/o M. Gregory Embrey HAWLEY TROXELL ENNIS & HAWLEY LLP 608 Northwest Boulevard, Suite 300 Coeur d’Alene, Idaho 83814 (208) 444-4170 Legal#11011 AD#12037 July 26, August 2, 9, 2023 _________________________
SUMMONS FOR SERVICE BY PUBLICATION Case No.: CV28-23-4082 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI ESTATE OF JUNE A. GITTEL, Plaintiff, vs. JAMES C. ASHTON and AGNES A. ASHTON, husband and wife, Heirs and Devisees of JAMES C. ASHTON and AGNES A. ASHTON, deceased, unknown Heirs and Devisees of the above named parties, and JOHN DOES I through X and all other parties claiming possession or claiming any right to possession by or through or under them whether known or unknown in that certain real property described as: Lot 3, SIXTH ADDITION TO DRIFTWOOD POINT, according to the plat recorded in the office of the County Recorder in Book D of Plats, at Page 151, records of Kootenai County, Idaho. Defendants. TO : UNKNOWN HEIRS AND DEVISEES of JAMES C. ASHTON and AGNES A. ASHTON, husband and wife, and JOHN DOES I-X, and ALL OTHER PERSON(S) You have been sued by the Plaintiff, ESTATE OF JUNE A. GITTEL, in the District Court in and for Kootenai County, Idaho, Case No. CV28-23-4082. The nature of the claim against you is a QUIET TITLE ACTION. Any time after 21 days following the last publication of this summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the case number, and paid any required filing fee to the Clerk of the Court at 501 Government Way, Coeur d’Alene, Idaho, (208) 446-1650 and serve a copy of your response on the Plaintiff’s attorney, JAMES A. RAEON, ATTORNEY AT LAW, at 1424 Sherman Avenue, Suite 300, Coeur d’Alene, Idaho 83814, (208) 765-5875. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter. 7/24/2023 10:05 AM KOOTENAI COUNTY CLERK OF COURT JENNIFER LOCKE By: /s/DEPUTY CLERK Legal#11012 AD#12039 July 26, August 2, 9, 16, 2023 _________________________
NOTICE OF HEARING ON NAME CHANGE Case No. CV28-23-4657 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: Jacob James Wright, A petition to change the name of Jacob James Wright, now residing in the City of Post Falls, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to Jacob James Hirst. The Reason for the change in name is: Hirst is my family name. Getting married and want my family name; Hirst. A hearing on the petition is scheduled for 1:30 o’clock p.m. on Sept. 11, 2023 at the Kootenai County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: July 28, 2023 /s/Jennifer Locke CLERK OF THE DISTRICT COURT /s/Kathleen Carr Deputy Clerk Legal#11040 AD#12274 August 2, 9, 16, 23, 2023 _________________________
NOTICE OF 2023 ROSE LAKE, IDAHO EURASIAN WATERMILFOIL TREATMENT Dear property owners and lake users, Eurasian watermilfoil has been identified as a significant invasive species within Rose Lake, Idaho and is known to negatively affect the beneficial uses of a waterbody. As such, an aquatic herbicide treatment is planned for discrete areas of Rose Lake the week of August 7, 2023, based on water and weather conditions. The treatment timing was selected to maximize treatment efficacy when Eurasian watermilfoil is actively growing. As of July 24, 2023, approximately 33 acres of the lake will be treated with liquid florpyrauxifen-benzyl (ProcellaCOR EC©, EPA Registration # 67690-80). Please see the following website for information about the florpyrauxifen-benzyl herbicide: https://dnr.wi.gov/lakes/plants/factsheets/ The following water use restrictions will apply: Irrigation Use of Water: Do not irrigate established food crops until water use restrictions are lifted. Do not irrigate other non-food crops, such as landscape ornamentals, until water use restrictions are lifted. There is no restriction for irrigation of turf. Recreational Use of Water in Treatment Area: There are no swimming or fishing restrictions within the treatment areas. Potable Water in Treatment Area: There are no restrictions on consumption of treated water for potable use or by pets or other animals. For up to date information on water use restrictions, treatment date and treatment locations, please visit the Idaho Department of Agriculture’s and applicator’s websites: www.invasivespecies.idaho.gov/treatment-plans www.cleanlake.com/2023roselake.html Please contact Tom Moorhouse, Aquatic Pest Control Adviser with Clean Lakes, Inc., (208-929-2757) or Noxious Weeds, Idaho State Department of Agriculture (208-332-8667), with any questions. Legal#11045 AD#12362 August 2, 8, 2023 _________________________
NOTICE TO CREDITORS (I.C. 15-3-801) CASE NO. CV28-23-4581 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI (MAGISTRATE DIVISION) IN THE MATTER OF THE ESTATE OF DOROTHY F. JACKLIN, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the estate of Dorothy F. Jacklin (Decedent). All persons having claims against the Decedent or the estate are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 31st day of July, 2023. /s/Donald W. Jacklin c/o Thornton Byron LLP PO Box 7156 Boise, Idaho 83707-1156 (208) 344-8600 Legal#11046 AD#12366 August 2, 9, 16, 2023 _________________________
SUMMARY OF ORDINANCE NO. 624 FOR THE CITY OF RATHDRUM AN ORDINANCE OF THE CITY OF RATHDRUM, KOOTENAI COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE 15, CHAPTER 4, SECTION 2 OF THE RATHDRUM CITY CODE TITLED “ESTABLISHMENT OF DISTRICT OVERLAYS” AS FOLLOWS. AMENDING RCC SECTION 15-4-2 BY AMENDING SUBSECTION (B) TO BE ENTITLED “HIGHWAY COMMERCIAL MIXED USE DISTRICT (OVERLAY DISTRICT)”; PROVIDING FOR A PURPOSE, DEFINITIONS, BOUNDARIES, DESIGN STANDARDS AND CONDITIONS THAT WILL BE ESTABLISHED BY RESOLUTION, PERMITTED UNDERLYING ZONING DISTRICTS AND USES HIGHWAY FRONTAGE ROADS, AND APPEAL OF THE DECISION OF THE CITY PLANNER; AMENDING RCC SECTION 15-4-2 BY ADDING SUBSECTION (C) AND MOVING THE SUBSECTION ENTITLED “PLANNED OVERLAY DISTRICT (PUD) (OVERLAY DISTRICT)” TO SAID NEW SUBSECTION (C) FROM OLD SUBSECTION (B); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. The full ordinance is on file with the Rathdrum City Clerk and will be promptly provided to any citizen on personal request. /s/Sherri Halligan, City Clerk Legal#11047 AD#12367 August 2, 2023 _________________________