9/12/2019 Kemmerer Gazette legal notices


STATE OF WYOMING) IN THE DISTRICT COURT

COUNTY OF LINCOLN) ss.       THIRD JUDICIAL DISTRICT

IN THE MATTER OF THE)        Civil Action Case No. 2019-131-DC     CHANGE OF NAME OF)

Cheryl Dawn Long, Petitioner)

NOTICE OF PUBLICATION

You are hereby notified that a Petition For Change of Name, Civil Action No. 2019-131-DC has been filed on behalf of Cheryl Dawn Long in the Wyoming District Court for the Third Judicial Distritc, whose address is 925 Sage Ave, Kemmerer, WY 83101, the object and prayer of which is to change the name of the above-named person from Cheryl Dawn Long to Cheryl Dawn Goodwine.

Any objection must be filed with the District Court within 30 days following the last date of publication of this notice, or an Order Granting Name Change may be granted without further notice.

DATED this 6th day of September, 2019.

BY CLERK OF COURT:

Deputey Clerk of District Court/Deptuy

PUBLISHED: Sept. 12, 19, 26, Oct. 3, 2019     09123

 

NOTICE OF ACCEPTANCE AND FINAL SETTLEMENT

SEWER LIFT STATION REPLACEMENT PROJECT

TOWN OF LABARGE

NOTICE IS HEREBY PUBLISHED that the Town of LaBarge has accepted as complete all work for the Sewer Lift Station Replacement Project according to the plans, specifications and rules set forth between the Town of LaBarge R.S. Bennett Construction Co. Inc. of Marbleton, Wyoming and the Contractor is entitled to settlement thereof.

Final payment will be made after the completion of publication of this Notice.  The date of first publication is September 12, 2019 and the date of final settlement will be after October 23, 2019 and when all punch list items are complete.

Any claim or claims for work or labor due, or for materials or supplies furnished, must be accordingly filed with the Town of LaBarge prior to the above published date of final settlement.

Town of LaBarge

PO Box 327

 LaBarge, WY 83123

PUBLISHED: Sept. 12, 19, 26, 2019     09122

 

ADVERTISEMENT FOR BIDS

Separate sealed BIDS for the purchase of one (1) used 4-door sedan or SUV vehicle, as per specs, and one (1) new 4 door sedan or SUV vehicle, as per specs, will be received at the Administrative Services Director’s Office, City Hall, 220 State Highway 233, Kemmerer, Wyoming, 83101, until 2  p.m. local time on Friday, September 27, 2019, at which time and place said bids will be publicly opened and read aloud.

Bid packets and specifications can be received at 220 State Highway 233, Kemmerer, Wyoming, 83101.

If, at the time the bid is to be awarded, the City of Kemmerer determines that the amount of funds available is sufficient to finance the purchase, the bid(s) may be awarded to the lowest responsible bidder.  Determination of the lowest responsible bidder shall take into account all applicable provisions of Wyoming Statutes 1977, as amended.

The bid shall be let to the responsible certified resident bidder (as defined by Wyoming Statutes) making the lowest bid if the certified resident’s bid is not more than five percent (5%) higher than that of the lowest responsible non-resident bidder.  The City of Kemmerer also has a local preference policy.      

The City of Kemmerer reserves the right to reject any and all bids, to waive any informality in bids and to accept any bid or bids deemed to be in the best interest of the City of Kemmerer.  Bids must be original, signed, sealed bids on our forms.  Faxed bids will not be accepted.

Bids may not be withdrawn after the time fixed for opening them.

For further information, contact Glenda Young, Administrative Services Director, 307-828-4075.

PUBLISHED: September 5, 12, 2019   09054

 

ADVERTISEMENT FOR BIDS

Sealed BIDS for a general contract to provide and install a pre-manufactured metal building with finishes for storage and maintenance and approximately 8,700 square feet of asphalt parking area will be received until 4:00 P.M. local time September 18, 2019 by the South Lincoln Special Cemetery District, at 530 Fossil Butte Dr, P.O. Box 65, Kemmerer, Wyoming at which time and place said bids will be publicly opened and read aloud.

The CONTRACT DOCUMENTS may be examined at the following locations:

South Lincoln Special Cemetery District’s Office, 530 Fossil Butte Dr, Kemmerer, Wyoming and the office of Crank Companies, Inc. at:

Physical Address         Mailing Address

41 US Hwy. 30/189     P.O. Box 365

Diamondville, Wyoming 83116          Diamondville, WY 83116

307-877-9093 (Phone)            307-877-6351 (Fax)

Copies of the CONTRACT DOCUMENTS may be obtained at the office of Crank Companies, Incorporated at the address given above upon payment of $40.00 for each set, which payment will not be refunded.

All bids must be accompanied by either a certified check, cashier’s check drawn on an acceptable bank, or an acceptable BID BOND, executed by an approved Surety Company, in an amount not less than five percent (5%) of the total sum of the bid.  The check or bond shall be made payable to the OWNER and will be retained by said OWNER as liquidated damages if the successful bidder refuses or fails to enter into a contract and bond in accord with his bid when notified of the award.

If, at the time the contract is to be awarded, the OWNER determines that the amount of funds available is sufficient to finance the Project, the contract may be awarded to the lowest responsible BIDDER.  Determination of the lowest responsible BIDDER shall take into account all applicable provisions of Wyoming Statutes 1977, as amended.

The BIDDER to whom the contract is awarded will be required to give to the OWNER a performance bond and a payment bond each in the penal sum equal to the total amount of his bid, with two sureties for the faithful performance of his contract.  The sureties shall be residents of the State of Wyoming, who own property in the state amounting in the aggregate to double the amount of the bond upon which they become sureties.  Any surety or guaranty company, duly qualified to act as surety or guarantor in the State of Wyoming upon executing individual bond, shall be accepted in lieu of such sureties.

A MANDATORY Pre-Bid conference will be held at 1:00 P.M. on September 12, 2019 at the South Lincoln Special Cemetery District’s Office, 530 Fossil Butte Dr, Kemmerer, Wyoming.  Representatives of OWNER and ENGINEER will be present to discuss the Project.  Notice is hereby given that attendance of the Pre-Bid Conference for the project is MANDATORY for all prospective bidders.  The District will reject bids submitted from any BIDDER who failed to attend the Pre-Bid conference.

All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing.  Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received AFTER 4:00 P.M. local time September 12, 2019 may not be answered.  Only questions answered by Addenda will be binding.  Oral and other interpretations or clarifications will be without legal effect.

The OWNER reserves the right to reject any and all bids.

Bids may not be withdrawn after the time fixed for opening them.

LINCOLN COUNTY, WYOMING

/s/ Allen Harwood, Chairman

PUBLISHED: August 29 and September 5 and 12, 2019         08295

 

FORECLOSURE SALE NOTICE

WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note (“Note”) and real estate mortgage (“Mortgage”).  The Mortgage dated November 24, 2014, was executed and delivered by Michael Glen Tully, a married man and Arieon L. Tully, his wife (“Mortgagor(s)”) to Mortgage Electronic Registration Systems, Inc., (“MERS”) acting solely as nominee for Quicken Loans Inc., its successors and assigns, as security for the Note of the same date, and said Mortgage was recorded on November 24, 2014, at Reception No. 979468 in Book 843 at Page 837 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming; and

WHEREAS, the mortgage was assigned for value as follows:

Assignee:  Quicken Loans Inc.

Assignment dated:  July 17, 2019

Assignment recorded:  July 18, 2019

Assignment recording information: at Reception No. 1004398 in Book 952 at Page 525

All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming.

WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and

WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $183,209.00 which sum consists of the unpaid principal balance of $177,347.50 plus interest accrued to the date of the first publication of this notice in the amount of $3,878.22, plus other costs in the amount of $1,983.28, plus attorneys’ fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale;

WHEREAS,      The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale.  Any prospective purchaser should search the status of title before submitting a bid;

NOW, THEREFORE Quicken Loans Inc., as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o’clock in the forenoon on October 8, 2019 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, Wyoming, Lincoln County, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:

Lot 2 of Block 1 of the Lincoln Heights Third Subdivision to the City of Kemmerer, Lincoln County, Wyoming as described on the official plat thereof;

with an address of 919 Sorensen Dr., Kemmerer, Wyoming 83101.

Together with all improvements thereon situate and all fixtures and appurtenances thereto.

Dated this 4th day of September, 2019

 Quicken Loans Inc.

            By: Tamara Schroeder Crolla, #6-3976

Weinstein & Riley, P.S.

123 West 1st Street, Suite 433

Casper, Wyoming 82601-2482

307-462-2690

PUBLISHED: Sept. 12, 19, 26, Oct. 3, 2019     09120

 

CITY COUNCIL PROCEEDINGS

The Kemmerer City Council met in regular session this 26th day of August, 2019, at 7 p.m. in the City Council Chambers, City Hall, Kemmerer, Wyoming.  The Pledge of Allegiance was recited.

Present on roll call were Mayor Anthony Tomassi, Councilman Robert Bowen, Councilman Vance Chamberlain, Councilman Dave McGinnis, and Councilman Mark Quinn.  Councilman David Crosland and Councilman Eric Rudy were absent.

Motion was made by Councilman Quinn to un-excuse the absence of Councilman Crosland and Councilman Rudy; seconded by Councilman McGinnis.  The Mayor then called for the question.  Those voting “Yea” – Mayor Tomassi, Councilman Chamberlain, Councilman McGinnis, and Councilman Quinn.  Those voting “Nay” – Councilman Bowen.  Motion carried.

Motion was made by Councilman Bowen to approve the agenda for August 26, 2019, as amended striking the presentation by Wendell Ricketts; seconded by Councilman Quinn and unanimously approved by Council present.

VISITORS’ COMMENTS & PETITIONS

Andrew Kaiser made comments.  George Collins made comments.  Jeremiah Ellis made comments. 

PUBLIC HEARING

None.

PRESENTAION

None.

CONSENT AGENDA

Motion was made by Councilman McGinnis to approve the items on the consent agenda as presented; seconded by Councilman Bowen and unanimously approved by Council present.  Those items were:

(a) Approval of the minutes of August 12, 2019, as presented;

(b) Approval of the payment of the bills and payroll as presented;

13303 WRS Life Insurance      $64.00

13304 Wyo. Retirement Sys.  $15,802.97

13305 Auto Inn Repair           76.10

13306 BCBS of Wyoming        34,050.00

13307 Buchanan, Jackson       130.00

13308 Bugman, Inc.    255.00

13309 Carlson, Evan   130.00

13310 Centurylink       647.80

13311 Delta Dental     2,276.60

13312 Deru’s Glass Works      179.17

13313 Division of Victim Srvs. 150.00

13314 Dominion Energy         538.07

13315 Harris Law Office, PC   750.00

13316 High Desert Const., Inc.           7,782.60

13317 Hyatt, Frank     45.00

13318 Intermountain Bobcat 41,874.87

13319 JUB Engineers, Inc.       1,207.38

13320 Kemmerer Gazette      474.71

13321 Krell, Carl         130.00

13322 Mountain West Bus. Sol.         55.80

13323 Nielson, Blake  130.00

13324 Pitney Bowes, Inc.       500.00

13325 R&R Products, Inc.       189.40

13326 Stout, E. Dean  1,815.00

13327 Sublette Electric of Wyo.         780.00

13328 UMB Card Center         22,209.34

13329 Viviano’s Concrete       8,700.00

13330 Wagner & Wagner, Inc.           4,472.71

13331 WEBT   $285.00

13332Wells Fargo Fin. Leasing           $289.00

13333 Wyo. State Golf Assoc. 405.00

7/18/19 Western Wyo. Bevg.-ACH    60.45

7/18/19 Western Wyo. Bevg-ACH.    417.30

7/18/19 Teton Distributors-ACH        278.00

8/7/19 Wyo. Liquor Division-ACH      206.07

8/8/19 Western Wyo. Bevg.-ACH      67.70

8/8/19 Western Wyo. Bevg.-ACH      359.70

8/8/19 Teton Distributors-ACH          142.85

8/12/19 United Hlthcare-ACH            45,473.75

8/21/19 Expert Pay-ACH        119.65

8/21/19 Federal Tax Dep.-ACH           11,638.83

8/21/19 Payroll Dir. Dep.-ACH           41,613.95

8/21/19 Flex Account Dep.-ACH         400.00

8/21/19 Orchard Trust-ACH   670.00

8/21/19 ICMA-ACH     125.00

TABLED ITEMS:

Motion was made by Councilman Bowen to remove from the table the SLTEC Scholarship Program Policy; seconded by Councilman Quinn and unanimously approved by Council present. 

Motion was made by Councilman Bowen to postpone the SLTEC Scholarship Program Policy until the September 9, 2019, council meeting; seconded by Councilman Chamberlain and unanimously approved by Council present.

OLD BUSINESS:

Motion was made by Councilman Bowen to Pass, Approve and Adopt on 3rd Reading Ordinance No. 2019-861, Zoning Code Changes; seconded by Councilman Quinn. 

Motion was made by Councilman Bowen to approve the changes as amended; seconded by Councilman Quinn and unanimously approved by Council present. 

The mayor then called for the question on the original motion with the motion being unanimously approved by Council present. 

NEW BUSINESS:

(a) Motion was made by Councilman Bowen to approve the agreement for Municipal Skunk Trapping Services with Laverne Marchione for one year; seconded by Councilman Quinn.

Motion was made by Councilman Bowen to amend the agreement to include in Section Two, Number Five the following wording, “All animals shall be released humanly or dispatched, if injured or sick, at the discretion of the Kemmerer Police Department.”; seconded by Councilman McGinnis and unanimously approved by Council present.

The mayor then called for the question on the original motion with the motion being unanimously approved by Council present.

(b) Motion was made by Councilman Bowen to conditionally pass Lincoln County WY File No. 413 SS 19 (proposal for a 2 Lot Simple Subdivision to be known as the Crosland Subdivision) on condition that the plat includes the following language:

The property operate under restrictions of Kemmerer City Codes Agriculture or RE Zones and the property be kept with standards set in Kemmerer concerning abandoned vehicles and similar nuisances; seconded by Councilman Quinn and unanimously approved by Council present.

(c) Motion was made by Councilman Bowen to authorize the mayor to sign the lease at Old Town Hall with Shanaya Antilla for one year; seconded by Councilman McGinnis and unanimously approved by Council present.

Mayor Tomassi recused himself from the meeting; 8:47 p.m.

(d) Motion was made by Councilman Bowen to authorize the administrator to put out two RFP’s for a new City travel vehicle;  one RFP for a new car with conditions set forth by the administrator and another RFP for a used car not to exceed $28,000 with the conditions set forth by the administrator; seconded by Councilman Quinn and unanimously approved by Council present.

Mayor Tomassi re-joined the meeting; 8:59 p.m.

(e) Motion was made by Councilman Quinn to authorize the mayor to sign the contract with Wendell Rickets for $1,000.00 for Promotion of Fossil-Based Tourism; seconded by Councilman Chamberlain and unanimously approved by Council present.

COMMENTS:

Brian Muir made comments.  Councilman Chamberlain, Councilman Quinn, Councilman Bowen, and Councilman McGinnis made comments.  Mayor Tomassi made comments.

ADJOURN:

There being no further business before the council, motion was made by Councilman Bowen to adjourn the meeting; seconded by Councilman Chamberlain and unanimously approved by Council present, 9:16 p.m.

            CITY OF KEMMERER, WYOMING

            BY: ANTHONY TOMASSI, MAYOR

ATTEST: GLENDA R. YOUNG

                  ADMINISTRATIVE SERVICES DIRECTOR

PUBLISHED: Sept. 12, 2019     09121

 

IN THE CIRCUIT COURT OF LINCOLN COUNTY, WYOMING

THIRD JUDICIAL DISTRICT

ROGER SCHANZENBACH and )

BIG RED REAL ESTATE, LLC      )          

Plaintiffs,        )

  1. ) CV-2019-173

JARIN SMITH and BRIANNA FAUROTE           )

Defendants.    )

SUMMONS

To the above-named Defendants: JARIN SMITH & BRIANNA FAUROTE; Whose last known address is: 411 W. 4th Street, LaBarge, WY  83123

YOU ARE HEREBY SUMMONED and required to appear in the above Court on the 17th day of September 2019 at 2:30pm to Answer to the following Complaint for Forcible Entry and Detainer Under W.S. 1-21-1002(a)(i) filed in the above-referenced matter; if you fail to do so, Judgment by Default will be taken against you for the relief demanded in the Complaint.

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER

UNDER W.S. §1-21-1002(A)(1)

COME NOW, Roger Schanzenbach and Big Red Real Estate, LLC, Plaintiffs herein, through counsel, Greenwood Law, LLC, by Elizabeth Greenwood and Inga L. Parsons, of counsel, and pursuant to W.S. §1-21-1002(a)(i) hereby file their Complaint for Forcible Entry and Detainer against Defendants, as follows: 1. Plaintiff, Roger Schanzenbach, is the owner of and is entitled to the possession of certain real property physically located at 411 W. 4th Street, LaBarge, Lincoln County, Wyoming (hereinafter “the property”. Plaintiff Schanzenbach is solely on the deed for the property. 2. Plaintiff, Big Red Real Estate, LLC, is the property manager for Plaintiff Schanzenbach with regard to the property and is listed as the Lessor in the lease with Defendant Jarin Smith, which has been terminated due to non-payment of rent. (See lease documents attached hereto as Exhibit A). 3. Defendant Brianna Faurote has been occupying the property with Jarin Smith since approximately June of 2018. 4. Defendants have been and continue to occupy the property against the wishes of the Plaintiffs. 5. Defendants have not paid rent since February 19, 2019 and are behind on rent in the amount of $2786.35 plus late fees in the amount of $1440.50 for a total due, to-date, of $4226.75. (See Tenant Statement attached hereto as Exhibit B). 6. Late fees continue to incur at the rate of $15.00 per day and will increase to $38.00 per day. 7. Defendants were served a Notice to Quit on July 11th, 2019 at 2:50 p.m. (See Notice to Quit attached hereto as Exhibit C). 8. Defendants have not vacated the property to-date and are in violation of W.S. 1-21-1002(a)(i); as such, Plaintiffs Complaint for Forcible Entry and Detainer should be granted along with all applicable remedies under the law, and Defendants should be ordered to vacate the property. 9. For other good and just cause. WHEREFORE, Plaintiffs pray that this Court: a. Enter a Judgment against the Defendants in the amount of $4226.75 plus attorneys’ fees and costs and any additional late fees and charges incurred. b. Grant Plaintiffs restitution of the premises and that Defendants and any persons occupying the premises as assignees, guests, invitees, or otherwise, be ejected therefrom and that a Writ of Restitution be issued in the event the Defendants fail to vacate the property; and c. Grant such other and further relief deemed just and proper.

DATED this 15 day of August 2019.

__/S/_Elizabeth Greenwood____________

ELIZABETH GREENWOOD (5-2081)

Greenwood Law, LLC

PO Box 1479

Pinedale WY 82941

(307) 367-6814

Attorney for Plaintiffs

PUBLISHED: August 22, 29, Sept. 5, 12, 2019 08220

 

FORECLOSURE SALE NOTICE

WHEREAS, default in the payment of principal and interest has occurred under the terms of a Promissory Note (the “Note”) dated March 23, 2005, executed and delivered by Tracy Nolan Crook (“Mortgagor”) to Gateway Financial Services, and a real estate Mortgage (the “Mortgage”) of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor, to Mortgage Electronic Registration Systems, Inc. as nominee for Gateway Financial Services, its successors and assigns as Mortgagee, and which Mortgage was recorded on April 4, 2005, at Reception No. 907462, in Book 582, at Page 412 in the public records in the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming; and

WHEREAS, the Mortgage was assigned for value as follows:

Assignee: The Bank Of New York Mellon FKA The Bank Of New York, As Trustee For The Certificateholders Of CWABS, Inc., Asset Backed Certificates, Series 2005-AB2

Assignment dated: July 20, 2011

Assignment recorded: July 27, 2011

Assignment recording information: at Reception No. 960248, in Book 770, at Page 63

All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming.

WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and

WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage as of September 2, 2019 being the total sum of $102,426.91, plus interest, costs expended, late charges, and attorneys’ fees accruing thereafter through the date of sale;

WHEREAS, the property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid;

WHEREAS, if the foreclosure sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of his/her/its money paid.  The Purchaser shall have no further recourse against the Mortgagee, Mortgagor, Servicer or their attorneys;

NOW, THEREFORE The Bank Of New York Mellon FKA The Bank Of New York, As Trustee For The Certificateholders Of CWABS, Inc., Asset Backed Certificates, Series 2005-AB2, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o’clock in the forenoon on October 8, 2019 at the Lincoln County Courthouse located at 925 Sage Ave, Kemmerer, WY 83101, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:

Beginning at the E1/4 corner of Section 3, T34N, R119W, 6th P.M., Wyoming; said beginning point being on or near the centerline of the U.S. Highway 89, and running Thence West, along the South boundary line of the NE1/4 of said Section 3, 247 feet; Thence North 221.1 feet; Thence East 247 feet, more or less, to the East boundary line of said Section 3; Thence South, along said East boundary line, 221.1 feet, more or less, to the point of beginning.. 

With an address of 102891 U.S. Highway 89, Freedom, WY 83120 (the undersigned disclaims liability for any error in the address).

Together with all improvements thereon situate and all fixtures and appurtenances thereto.

Mortgagee shall have the exclusive right to rescind the foreclosure sale during the redemption period.  In the event that the sale is rescinded or vacated for any reason, the successful purchaser shall only be entitled to a refund of their purchase price and/or statutory interest rate.

Dated: August 26, 2019          The Bank Of New York Mellon

FKA The Bank Of New York, As Trustee For

The Certificateholders Of CWABS, Inc.,

 Asset Backed Certificates, Series 2005-AB2

By: Shelly M. Espinosa

Halliday, Watkins & Mann, P.C.

376 East 400 South, Suite 300

Salt Lake City, UT 84111

801-355-2886

HWM File # 55849

PUBLISHED: Sept. 5, 12, 19, 26, 2019 09050

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