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Archive for January 2013

SUMMONS BY PUBLICATION

IN THE OREGON TAX COURT—REGULAR DIVISION
Case No. 5151
IN THE MATTER OF: The Petition of the David Douglas School Board, a governing body, for a Judicial Examination and Judgment as to the Regularity and Legality of David Douglas School Board’s Decision to Use Bond Proceeds to Construct a New Swimming Pool Facility at David Douglas High School.
To Defendants: all electors, taxpayers and other interested persons in the jurisdiction of the David Douglas School District.
YOU ARE REQUIRED TO APPEAR AND DEFEND the complaint filed against you by plaintiff, a true copy of which is being served on you with this summons, within 31 days from the date of first publication of this summons.
NOTICE TO DEFENDANT:
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 document called a “motion” or an “answer.” The “motion” or “answer” must be given to the court clerk or administrator within 31 days of the date of first publication specified herein, 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 attorney, proof of service on the plaintiff.
If you have questions, you should see an attorney immediately. If you need help in finding an attorney, 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.
SUMMARY STATEMENT OF OBJECT OF COMPLAINT AND DEMAND FOR RELIEF
The Board of Directors of David Douglas School District No. 40 (the “Board”) brought this action seeking judicial validation of the Board’s attempt to save district voters nearly $2 million. In May 2012, voters approved a ballot measure authorizing the Board to issue general obligation bonds to repair and renovate David Douglas School District facilities, including the pool facility located at David Douglas High School. New information and analysis received after the election showed that constructing a new pool facility instead of repairing and expanding the current pool facility would save significant expense — approximately $2 million in bond funds. Because the ballot title for the bond measure stated that proceeds would be used for repairs and facility renovations, the Board seeks a judicial declaration under ORS 305.589 that using bond proceeds to construct a new pool facility at David Douglas High School is within the Board’s authority to use the proceeds for facility renovations.
The Board prays for judgment as follows:
1. Declaring that construction of a new pool facility at the David Douglas High School is within the Board’s authority to use bond proceeds for facility renovation.
2. For such further or additional relief as may be just and equitable.
DATED this 31st day of January, 2013
MILLER NASH
/s/ Jeffrey G. Condit
Jeffrey G. Condit, OSB No. 822238
E-mail: jeff.condit@millernash.com
Elisa J. Dozono, OSB No. 063150
E-mail: elisa.dozono@millernash.com
Alexander M. Naito, OSB No. 124046
E-mail: alex.naito@millernash.com
Telephone: (503) 224-5858; Fax: (503) 224-0155
Attorneys for Plaintiff
The Board of Directors of David Douglas School District No. 40
Address at which papers in this action may be served by mail on plaintiff’s attorney:
Jeffrey G. Condit
Miller Nash LLP
3400 U.S. Bancorp Tower, 111 S.W. 5th Avenue
Portland, Oregon 97204-3699
Publish 01/31, 02/07, 02/14/2013. PT1164

NOTICE OF CONTINUED PUBLIC HEARING

On Monday, February 11, 2013, at 6:30 p.m., the City of Lake Oswego Planning Commission will hold a continued public hearing to consider LU 08-0059A, a request from Kenneth Sandblast, Planning Resources; Andrea Marek, RB Pamplin Corporation; Randy Reeve and Emerald Pacific Builders, Inc. (dba American Heritage Homes). The meeting will be held in the City Council Chamber located in Lake Oswego City Hall at 380 A Avenue. This hearing is continued from November 26, 2012.

The applicants wish to expand the West Lake Grove Design District with additional WLG Office Commercial/Neighborhood Commercial (OC/NC) zoned property in order to develop this area with the amount of commercial and residential development that was originally intended for the West Lake Grove Design District. The applicants are requesting the following:
• Amendment of the West Lake Grove Design District boundary to include 4855 Upper Drive (21E07DD04300);
• Comprehensive Plan & Zoning Map amendments from R-7.5 to WLG OC on northern two thirds of Tax Lot 4300 & WLG R-2.5 on the southern one third; Zoning Map amendment to parking reserves & building areas on Tax Lots 4400, 4500;
• Comprehensive Plan and Zoning Map amendment to change the WLG R-2.5 designation on the southwest corner of Tax Lot 4400, south east corner of Tax Lot 4500 to uniform designation of WLG OC; Community Development Code;
• Text amendments for LOC Appendices 50.05.005 A through D; and J through M for Tax Lots 4300, 4400 & 4500 (including the revision of Figure 50.50.05.005 c in the Community Development Code to remove the future access driveway on Tax Lot 4400 connecting Boones Ferry Road and Upper Drive.
The properties are located at:
Vacant Lot (formerly 4855 Upper Drive), 21E07DD04300
4905 Upper Drive, 21E07DD04400
16710 Boones Ferry Road, 21E07DD04500

A copy of the proposed amendments is on file in the Planning & Building Services Department at City Hall. Since the time allowed for public testimony is limited, you are urged to review the record and be thoroughly familiar with it if you plan to testify.

NOTE: Failure to raise an issue in a hearing, in person or by letter accompanied by statements or evidence sufficient to afford the Planning Commission an opportunity to respond to the issue precludes appeal to the City Council and the Oregon Land Use Board of Appeals (LUBA) based on that issue.

Staff coordinator is Paul Espe, Associate Planner, (503) 697-6577. For additional information, visit the City’s website at:

https://www.ci.oswego.or.us/planning/lu-08-0059a-expansion-west-lake-grove-design-district-boundary

Publish 01/31/2013. LOR12897

NOTICE OF CONTINUED PUBLIC HEARING

On Monday, February 11, 2013, at 6:30 p.m., the City of Lake Oswego Planning Commission will hold a continued public hearing to consider LU 12-0046 (Ordinance 2602), a request from the City of Lake Oswego, The meeting will be held in the City Council Chamber located in Lake Oswego City Hall at 380 A Avenue. This hearing is continued from November 26, 2012.

The applicant is requesting amendments to the Comprehensive Plan and Zone Map on the south side of property located at 16722 Boones Ferry Road (21E07DC09300) and east side of property located at 4925 Upper Drive (21E07DD04600) from West Lake Grove Design District (WLGDD) R-2.5 to a uniform designation of Office Campus/Neighborhood Commercial District (OC/NC). The zoning map amendment includes removal of parking reserves and building areas on both properties.

This application is being considered along with an amendment to the West Lake Grove Design District boundary zone changes filed by Randy Reeve and the Pamplin Corporation (LU 08-0059A, Ordinance 2592).

The properties are located at:
16722 Boones Ferry Road (21E07DC09300)
4925 Upper Drive (21E07DD04600)

A copy of the proposed amendments is on file in the Planning & Building Services Department at City Hall. Since the time allowed for public testimony is limited, you are urged to review the record and be thoroughly familiar with it if you plan to testify.

NOTE: Failure to raise an issue in a hearing, in person or by letter accompanied by statements or evidence sufficient to afford the Planning Commission an opportunity to respond to the issue precludes appeal to the City Council and the Oregon Land Use Board of Appeals (LUBA) based on that issue.

Staff coordinator is Paul Espe, Associate Planner, (503) 697-6577. For additional information, visit the City’s website at:

https://www.ci.oswego.or.us/planning/lu-12-0046-expansion-west-lake-grove-design-district-16722-boones-ferry-road-4925-upper

Publish 01/31/2013. LOR12896

NOTICE OF PUBLIC MEETING

The City of Lake Oswego Development Review Commission will hold a public hearing in the City Hall Council Chamber at 380 A Avenue, Lake Oswego, Oregon on Monday, February 4, 2013, at 7:00 p.m. to consider the following application:

LU 12-0056: Community Church and International Leadership Academy are requesting approval of a Conditional Use Permit for a 50-student preschool and grade school in an existing church building.

The property is located at: 14790 Boones Ferry Road[Tax Lot 5500, 5600 of Tax Map 21E 05CD].
The staff coordinator is Johanna Hastay.
Publish 01/31/2013. LOR12895

Notice of Meeting to Adopt a Supplemental Budget

The Board of Directors of the Tualatin Hills Park & Recreation District, 15707 SW Walker Rd., Washington County, State of Oregon, will meet to adopt a supplemental budget for fiscal year July 1, 2012 to June 30, 2013. The meeting will take place on February 11, 2013 at 7:00 pm in the Dryland Training Center. A summary of the supplemental budget is as follows:

General Fund Resource:
Grant Revenues $ 97,708
Other Financing Source- Loan 457,100

General Fund Requirements:
Parks & Recreation Division:
Full-time Salaries $ (23,500)
Payroll Taxes & Benefits (6,970)
Planning Division:
Full-time Salaries 23,500
Payroll Taxes & Benefits 6,970
Capital Outlay:
ESPC Project Phase II $554,808

Publish 01/31/2013. VT8618

NOTICE OF FLOODPLAIN ALTERATION

The City of Beaverton intends to issue site development and building permits for the proposed Canyon Road 76 Convenience Store project. The site at 12075 SW Canyon Road contains an area that is within the FEMA (Federal Emergency Management Agency) designated 100-year floodplain of Beaverton Creek. The work proposed consists of a new building at the northeast corner of SW Canyon Road and SW Lombard Avenue, parking lot reconfiguration, sidewalk construction, and new landscaping that will affect flood waters during large storm events. Written appeals, based solely on anticipated adverse effects of this work, may be filed with the City Recorder on or before 5:00 PM, PST, Monday, February 11, 2013. This notice is intended to meet the requirements of Beaverton City Code, Section 9.05.085. A copy of this code and the proposed plans are available for examination at Beaverton City Hall, Community and Economic Development Department, Site Development Division, 4755 SW Griffith Dr., Beaverton, Oregon.
Dated the 23rd day of January, 2013
James J. Duggan, P.E., CFM
Senior Engineer – Floodplain Manager
Public Works Department
City of Beaverton
Publish 01/31/2013. VT8617

Notice of Nondiscriminatory Policy as to Students

The Southwest Christian School admits students of any race, color, national and ethnic origin to all the rights, privileges, programs, and activities generally accorded with or made available to students at the school. It does not discriminate on the basis of race, color, national and ethnic origin in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other school-administered programs.
Publish 01/31/2013. VT8615

SUMMONS BY PUBLICATION

IN THE CIRCUIT COURT FOR THE STATE OF OREGON
IN AND FOR THE COUNTY OF COLUMBIA
GENWORTH FINANCIAL HOME EQUITY ACCESS, INC., its successors in interest and/or assigns, Plaintiff,
v.
UNKNOWN HEIRS OF BEVERLY A. BOOTH; RICH GILES; REED GILES; LARRY FLEMING; SHELIA CONSTALANDO; STATE OF OREGON; UNITED STATES OF AMERICA; AND OCCUPANTS OF THE PREMISES, Defendants.
Case No. 11-2826

TO THE DEFENDANTS: UNKNOWN HEIRS OF BEVERLY A. BOOTH; RICH GILES; REED GILES; LARRY FLEMING; SHELIA CONSTALANDO:
In the name of the State of Oregon, you are hereby required to appear and answer the complaint filed against you in the above-entitled Court and cause on or before the expiration of 30 days from the date of the first publication of this summons. The date of first publication in this matter is January 30th, 2013. If you fail timely to appear and answer, plaintiff will apply to the above-entitled court for the relief prayed for in its complaint. This is a judicial foreclosure of a deed of trust in which the plaintiff requests that the plaintiff be allowed to foreclose your interest in the following described real property:
LOT 4, MOBILE GARDEN ACRE, IN THE CITY OF SCAPPOOSE, COLUMBIA COUNTY, OREGON.
Commonly known as: 53059 Northwest Olepha Drive, Scappoose, Oregon 97056.
NOTICE TO DEFENDANTS:
READ THESE PAPERS CAREFULLY!
A lawsuit has been started against you in the above-entitled court by Genworth Financial Home Equity Access, Inc., plaintiff. Plaintiff’s claims are stated in the written complaint, a copy of which was filed with the above-entitled Court.
You must “appear” in this case or the other side will win automatically. To “appear” you must file with the court a legal document called a “motion” or “answer.” The “motion” or “answer” (or “reply”) must be given to the court clerk or administrator within 30 days of the date of first publication specified herein 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 attorney, proof of service on the plaintiff.
If you have any questions, you should see an attorney immediately. 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.
This summons is issued pursuant to ORCP 7.
ROUTH CRABTREE OLSEN, P.C.
By ___________________________
Stephanie Schilling, OSB #104942
sschilling@rcolegal.com
Attorneys for Plaintiff
511 SW 10th Ave., Ste. 400
Portland, OR 97205
P: (503) 459-0140 F: (503) 977-7963
Publish 01/30, 02/06, 02/13, 02/20/2013. SCS1020

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
FOREST GROVE PLANNING COMMISSION

NOTICE IS HEREBY GIVEN that the Forest Grove Planning Commission will hold Public Hearings on Monday, February 4, 2013, at 7:00 p.m. or thereafter, in the Community Auditorium, 1915 Main Street, Forest Grove, to review the following:

PROPOSAL:    Amendment of the Development Code to adopt revisions to the Development Code and Municipal Code pertaining to process and development requirements for subdivisions, development standards for Institutional Zone District, installation of sidewalks, change parks from a conditional to permitted use, prohibit manufactured homes in historic districts, allow serving liquor in the Neighborhood Commercial District, allow offices above the first floor in the Town Center Core District, allow manufactures to provide space to sell products on-site, change mitigation time for improper tree removal, lot line adjustment recordation requirements, prohibition of shipping containers for use as accessory structures in residential districts, require on-site parking lot connections, clarifying window and sloped roof design requirements for commercial buildings, reduce electronic sign intervals, reduce frontage requirements for flag lots and miscellaneous clerical amendments.
Applicant:    City of Forest Grove
File Number:    ZNC-12-01070
Criteria:    Before the Planning Commission recommends approval of these amendments, it shall determine that the proposal meets the following requirements:

A. The text amendment is consistent with the relevant goals and policies of the Forest Grove Comprehensive Plan; and
B. The text amendment is consistent with relevant statewide and regional planning goals, programs and rules.
These hearings are open to the public and all interested parties are encouraged to attend and will be given a reasonable opportunity to give testimony about the proposals. If an issue is not raised in the hearings (by person or by letter) or if the issue is not explained in sufficient detail to allow the Planning Commission to respond to the issue, then that issue cannot be used for an appeal to the City Council. If additional documents or evidence are provided in support of the application, any party shall be entitled to a continuance of the hearing. Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven (7) days after the hearing.

Information pertaining to these requests may be obtained from Jon Holan, Community Development Department, 1924 Council Street, (503) 992-3224, or e-mail jholan@forestgrove-or.gov .  Copies of the staff reports are available for inspection seven (7) days prior to the hearings at the Community Development Department or by visiting the City’s website at www.forestgrove-or.gov.  Written comments or testimony may be submitted at the hearings or sent prior to the hearings to the Community Development Department, Attn: Jon Holan, P.O. Box 326, Forest Grove, OR 97116.

Anna D. Ruggles, CMC, City Recorder
Publish 01/30/2013.                FGNT7260

NOTICE OF SUPPLEMENTAL BUDGET

Click here to view City of Milwaukie Supplemental Budget Hearing.

Publish 01/30/2013.                                         CLK12736