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STATE OF WASHINGTON
SKAGIT COUNTY SUPERIOR COURT
STATE OF WASHINGTON
Petitioner,
v.
STEVEN M. RINDAL AND DOROTHY J. RINDAL, husband and wife; WAFD, INC., a Washington corporation; PUGET SOUND ENERGY, INC., a Washington public utility corporation; WAVEDIVISION HOLDINGS, LLC, a foreign limited liability company; ZIPLY FIBER NORTHWEST, LLC, a foreign limited liability company; JA77 TRUST OF CHARLESTOWN; and SKAGIT COUNTY,
Respondents.
NO.
NOTICE AND SUMMONS IN CONDEMNATION
TO: THE ABOVE-NAMED RESPONDENTS
A lawsuit has been started against you in the above-entitled Court. The Petitioner’s claim is stated in the Condemnation Petition, a copy of which is served upon you with this Notice and Summons in Condemnation (Notice and Summons), and which has been filed with the clerk of the Court.
Notice is hereby given that the Petitioner will, on October 25, 2024, at 9:30 a.m., or as soon after as can be heard, seek an order of public use and necessity as described in RCW 8.04.070. The hearing will take place at the courthouse in Mount Vernon, Skagit County, Washington.
You are hereby notified that the determination of a public use is for the Court to make, and at the time and place indicated above, you may appear and object to that determination. The Court may make this decision without oral argument from any party, based only on any written pleadings submitted to the Court.
After the determination by the Court that this project is for a public use, the Petitioner will ask the Court to set a trial date for determination of the amount of just compensation to be paid for the taking or damaging of the land, property, and property rights. As to property rights sought, the Petitioner will ask the Court to award it a temporary construction easement. The land and property interests at issue are specified in the attached legal description (Exhibit A).
EXHIBIT A:
Parcel Number: 1-25360
STATE VS. STEVEN M. RINDAL and DOROTHY J. RINDAL, husband and wife,
DESCRIPTION:
A temporary right and easement to use and occupy the following described lands, for the purpose of placing personnel, machinery and equipment on said lands, providing a construction staging area for storage of equipment and materials, and providing a work area to perform all work necessary for the construction of a new fish passable structure, appurtenances, and habitat enhancements including, but not limited to, relocation of utilities as needed, clearing trees and vegetation as needed, constructing and operating a temporary stream bypass, possible modifications to the course and profile of the waterway, placement of large woody material and other such enhancements (“Construction”) as well as post-construction establishment of native type vegetation including, but not limited to, planting, seeding, inspecting, monitoring, watering and weed control, together with rights of ongoing ingress and egress to accomplish said purposes (“Plant Establishment”). The Temporary Easement shall terminate on December 31, 2029 (the “Term”).
All that portion of the hereinafter described PARCEL “A” lying within a tract of land described as follows:
Beginning at a point opposite Highway Engineer’s Station (hereinafter referred to as HES) 45+92± on the SR 9 line survey of SR 9, UNNAMED TRIBUTARY TO NOOKACHAMPS AND HANSEN CREEKS – FISH PASSAGE, TEMPORARY EASEMENT EXHIBIT 1-25360 and 30.0 feet northeasterly therefrom, said point also being the southwest corner of said PARCEL “A”; thence easterly along the southerly boundary of said PARCEL “A” to a point opposite HES 46+06± on said line survey and 50.0 feet northeasterly therefrom; thence northerly to a point opposite HES 45+00.0 on said line survey and 140 feet northeasterly therefrom; thence northwesterly parallel with said line survey to a point opposite HES 43+80.0 thereon; thence northeasterly to a point opposite HES 42+90.0 on said line survey and 230.0 feet northeasterly therefrom; thence northwesterly parallel with said line survey to a point opposite HES 41+50.0 thereon; thence southwesterly to a point opposite said HES and 40 feet northeasterly therefrom; thence continuing southwesterly to a point opposite said HES and 30 feet northeasterly therefrom; thence southeasterly parallel with said line survey to the point of beginning.
The current connection point from the Respondent’s property to State Route 9 shall be closed by the Petitioner on June 5, 2026. The Petitioner shall construct a replacement connection point to State Route 9 per the requirements the Washington Administrative Code 468-51-140(4). Further the Petitioner shall, at no charge to the Respondent, issue an access connection permit, effective June 5, 2026, allowing the Respondent legal access from State Route 9 to the Respondent’s property at the approved connection point.
SUBJECT TO the following terms and conditions:
Petitioner’s use and occupancy of the easement area during Construction will be limited to no more than twenty-two (22) consecutive months during the Term. Construction will be followed by a three (3) year Plant Establishment period.
Petitioner shall provide Respondent a minimum of thirty (30) days written notice prior to commencement of construction.
Large Woody Material (LWM) will be installed in the stream habitat within the TE area and adjacent to the culvert. LWM will not require any ongoing maintenance beyond termination of this temporary easement.
A portion of the Petitioner’s work will take place at night.
Single lane closure will be used as needed throughout the duration of the project. Full roadway closure will not be longer than 3 weeks. Access to property will be maintained.
Petitioner shall, upon the exercise of such rights specified herein and completion of construction of said project described herein, remove all debris and restore the surface of this Temporary Easement to a condition as close as practicable to its condition existing immediately prior to the exercise of such rights, excepting any modifications or improvements made as part of the construction project.
PARCEL “A”
That portion of the Northeast 1/4 of Section 23, Township 34 North, Range 4 East W.M., lying West of the Nookachamps Creek, EXCEPT county roads and railroad right of way;
ALSO EXCEPT that portion lying East of the Northern Pacific Railroad right of way and North of the South line of the right of way of Knapp Brick and Tile Co., as conveyed by deed recorded in volume 86 of Deeds, page 109;
ALSO EXCEPT that portion thereof conveyed to Skagit County for road purposes by deed dated December 23, 1935, and recorded under Auditor’s File No. 277158 in Volume 169 of Deeds, page 136, ALSO EXCEPT that portion of said premises conveyed to the State of Washington by deed dated June 30, 1941, and recorded under Auditor’s File No. 343312 in Volume 184 of Deeds, page 506;
AND ALSO EXCEPT that portion lying Westerly of the Big Lake-Clear Lake Road.
Situate in the County of Skagit, State of Washington.
The lands herein condemned for a temporary easement contain an area of 55,404 square feet, more or less, the specific details concerning all of which are to be found on that certain Exhibit Map entitled SR 9, UNNAMED TRIBUTARY TO NOOKACHAMPS AND HANSEN CREEKS – FISH PASSAGE, TEMPORARY EASEMENT EXHIBIT 1-25360, now of record and dated November 23, 2022.
While an Answer is not required in a condemnation matter, entering a Notice of Appearance will ensure that you receive notice of future pleadings in this case, including hearings at which you are entitled to be heard. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your appearance, if any, may be served on time.
This Notice and Summons is issued pursuant to Superior Court Civil Rule 4 of the state of Washington and RCW 8.04.020.
DATED this 4th day of September 2024.
ROBERT W. FERGUSON
Attorney General
/s/ Carly R. Johnson
CARLY R. JOHNSON, WSBA #60340
MATTHEW D. HUOT, WSBA #40606
Assistant Attorneys General
Attorneys for Petitioner
Published in the La Conner Weekly News, Sept. 11 and 18, 2024.
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
In the Matter of the Estate of
LISA JOANNE EDDLEMAN,
Deceased.
NO.: 24-4-05684-7 SEA
PROBATE NOTICE TO CREDITORS
(RCW 11.40.030)
PLEASE TAKE NOTICE
The above Court has appointed the undersigned as Administrator (i.e., Personal Representative or Executor) of Decedent’s estate. Any person having a claim against the Decedent must present the claim: (a) Before the time when the claim would be barred by any applicable statute of limitations, and (b) In the manner provided in RCW 11.40.070: (i) By filing the original of the claim with the foregoing Court, and (ii) By serving on or mailing to the attorney for Personal Representative at the address below with a copy of the claim. The claim must be presented by the later of: (a) Thirty (30) days after the Personal Representative served or mailed this Notice as provided in RCW 11.40.020(1)(c), or (b) Four (4) months after the date of first publication of this Notice. If the claim is not presented within this time period, the claim will be forever barred except as provided in RCW 11.40.051 and 11.40.060. This bar is effective for claims against both the Decedent’s probate and non-probate assets.
Date of First Publication of this Notice: August 28, 2024.
Decedent’s SSN for DSHS only: _________________
Signed: /s/ LORI E. HEIMBUCH
LORI E. HEIMBUCH, Administrator
Attorney for Personal Representative and Address for Service/Mailing:
Law Offices of Setareh Mahmoodi, PS
Attention: Setareh Mahmoodi
18222 104th Ave NE, Suite 103
Bothell, WA 98011
Published in the La Conner Weekly News, Sept. 4, 11, and 18, 2024.
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
In re the Estate of:
JUDITH ANN COOK,
Deceased.
Case No. 24-4-06346-1 SEA
PROBATE NOTICE TO CREDITORS
RCW 11.40.010 et seq.
Suzanne Allene Burrell has been appointed and has qualified as Personal Representative of the above-captioned estate. Any person having a claim against the Decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below, a copy of the claim and filing the original of the claim with the court. The claim must be presented within the later of: (1) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(3); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the Decedent’s probate and nonprobate assets.
DATED: September 13, 2024
FIRST PUBLICATION: September 18, 2024
/s/____________
Donna M. Calf Robe, WSBA No. 18852
Attorney for the Personal Representative
Address for Mailing or Service:
BROTHERS & HENDERSON, P.S.
936 N. 34TH STREET, SUITE 200
SEATTLE, WASHINGTON 98103
Published in the La Conner Weekly News, Sept. 18, Sept. 25, Oct. 2, 2024.
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