9-13-2023 Uinta County Herald legal notices

Posted

FORECLOSURE SALE NOTICE

WHEREAS, default in the payment of principal and interest has occurred under the terms of a Promissory Note (the “Note”) dated December 9, 2020, executed and delivered by Nicholas Grass (“Mortgagor”) to Buffalo Federal Bank, 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 Mortgagee, as nominee for Buffalo Federal Bank, its successors and assigns, as Mortgagee, and which Mortgage was recorded on December 9, 2020, at Reception No. 1097146, in Book 2007, at Page 833-842 in the public records in the office of the County Clerk and ex-officio Register of Deeds in and for Uinta County, State of Wyoming; and

WHEREAS, the Mortgage was assigned for value as follows:

Assignee: PennyMac Loan Services, LLC

Assignment dated: March 22, 2023

Assignment recorded: March 22, 2023

Assignment recording information: at Reception No. 1137850, in Book 2051, at Page 685

All in the records of the County Clerk and ex-officio Register of Deeds in and for Uinta 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 7, 2023 being the total sum of $86,097.64, 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 PennyMac Loan Services, LLC, 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 Uinta County, Wyoming to the highest bidder for cash at 10:00 o’clock in the forenoon on October 11, 2023 at the information desk at the Uinta County Courthouse located at 225 9th Street, Evanston, WY 82930, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:

LOT 42 OF THE AMENDED PLAT OF FOX POINT CONDOMINIUMS, A SUBDIVISION OF LOT 36, BROOK HOLLOW SUBDIVISION, PHASE 2, BEING LOCATED IN THE CITY OF EVANSTON, UINTA COUNTY, WYOMING, ACCORDING TO THE PLAT RECORDED OCTOBER 27, 1983 AS INSTRUMENT NO. R9959, IN THE OFFICE OF THE UINTA COUNTY CLERK. 

With an address of 119 Fox Point Loop, Evanston, WY 82930 (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 29, 2023          PennyMac Loan Services, LLC

By: Shelly M. Casares

Halliday, Watkins & Mann, P.C.

376 East 400 South, Suite 300

Salt Lake City, UT 84111

801-355-2886

HWM File # WY21232

PUBLISHED: Sept. 13, 20, 27 and Oct. 4, 2023           09132

FORECLOSURE SALE NOTICE

WHEREAS, default in the payment of principal and interest has occurred under the terms of a Promissory Note (the “Note”) dated August 15, 2018, executed and delivered by Rudolf J. Johnson (“Mortgagor”) to Navy Federal Credit Union, and a real estate Mortgage (the “Mortgage”) of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor, to said Mortgagee, and which Mortgage was recorded on August 15, 2018, at Reception No. 1057723, in Book 1071, at Page 313-331 in the public records in the office of the County Clerk and ex-officio Register of Deeds in and for Uinta County, State of Wyoming; and

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 14, 2023 being the total sum of $86,680.04, 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 Navy Federal Credit Union, 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 Uinta County, Wyoming to the highest bidder for cash at 10:00 o’clock in the forenoon on October 11, 2023 at the information desk at the Uinta County Courthouse located at 225 9th Street, Evanston, WY 82930, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:

All of Lot 17 of the Twin Ridge Subdivision No. 2, being located in the City of Evanston, Uinta County, Wyoming, according to the plat recorded May 6, 1981 as Instrument #366190 and Correction Affidavit recorded January 19, 1984 in Book 458, Page 260, in the office of the Uinta County Clerk.

More Correctly Described As:

All of Lot 17A of the Twin Ridge Subdivision No. 2, being located in the City of Evanston, Uinta County, Wyoming, according to the plat recorded May 6, 1981 as Instrument #366190 and Correction Affidavit recorded January 19, 1984 in Book 458, Page 260, in the office of the Uinta County Clerk. 

With an address of 444 Crane Ave, Evanston, WY 82930 (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: September 1, 2023     Navy Federal Credit Union

By: Shelly M. Casares

Halliday, Watkins & Mann, P.C.

376 East 400 South, Suite 300

Salt Lake City, UT 84111

801-355-2886

HWM File # WY21308

PUBLISHED: Sept. 13, 20, 27, Oct. 4, 2023     09137

PUBLIC NOTICE

Notice is hereby given that Storage Stable at 51 Arrowhead Drive , in the city of Evanston, WY, will sell the following units by online bids at BID13.COM. Bidding begins September 20 at 10:00 a.m. until September 25 at 10:00 a.m.

Unit 144 Samantha Strobel 748 18th St., Evanston, Wyoming 82930; Unit 123 Virgie Torres, 3079 Yellow Creek Rd 1207, Evanston, Wyoming 82930;  Unit 331 Dayna Lopez, 14406 Dr Creek, MillCreek, Washington 98012; Unit 479 Daniel Soper, 212 Birch St., Evanston, Wyoming 82930

PUBLISHED: Sept. 13, 20, 2023           09131

City of Evanston, Wyoming

Notice Of Acceptance Of

And Final Settlement

To all persons, firms, or corporations who have any claim for any work done for, or any material furnished to CPCO LLC dba Consolidated Paving and Concrete. for the summer 2023 chip seal project located in Evanston, WY. You are hereby notified that the City of Evanston, Wyoming has accepted as completed, according to the plans and specifications and rules set forth in the contract between the City of Evanston and the aforesaid contractor, the work in connection with the construction of the above, and that said contractor is entitled to final settlement therefore.

You are further notified that upon the 21st of October, 2023, being at least 40 days after the first publication of this notice, the City of Evanston will pay the full amount due under said Contract; and in the event that your claim is not filed with the City Clerk of said City prior to said 21st day of October, 2023, the same shall be waived.

This notice is given pursuant to Section 15-1-113 (h), Wyoming Statutes.

Dated this 13th Day of September 2023.

Kent Williams, Mayor

City of Evanston

PUBLISHED: Sept. 13, 20, 2023           09134

NOTICE OF APPLICATION FOR TRANSFER OF OWNERSHIP OF RETAIL LIQUOR LICENSE

NOTICE IS HEREBY GIVEN that on or about the 31st day of July 2023, Joeco LLC, DBA: Queen City Saloon, (currently owned by Golden Ticket, LLC, DBA: Painted Lady) filed an application to transfer ownership of a Retail Liquor License in the Office of the Clerk of the City of Evanston, Wyoming, for the building located at 1011 Front Street, Evanston, Uinta County, Wyoming.

Protests, if any there be against the transfer of such license, may be heard at the hour of 5:30 p.m. on the 3rd day of October, 2023, in the Council Chambers of the Evanston City Hall, 1200 Main Street, Evanston, Wyoming.

Diane Harris,

City Clerk

PUBLISHED: Sept. 13, 20, 2023           09135

NOTICE TO WATER USERS

The applications below were filed with the Division of Water Rights in Uintah County, Utah. These are informal proceedings per Rule 655-6-2. Protests concerning an application must be legibly written or typed, contain the name and mailing address of the protesting party, STATE THE APPLICATION NUMBER PROTESTED, CITE REASONS FOR THE PROTEST, and REQUEST A HEARING, if desired. Also, A $15 FEE MUST BE INCLUDED FOR EACH APPLICATION PROTESTED. Protests must be filed with the Division of Water Rights on or before Oct. 10, 2023 either electronically using the Division`s on-line Protest of Application form, by hand delivery to a Division office, or by mail at PO Box 146300, Salt Lake City, UT 84114-6300. Please visit waterrights.utah.gov or call (801)538-7240 for additional information.

NEW APPLICATION(S)

21-1911 (A83923): Bradley and Jodie Gardner propose(s) using 0.45 ac-ft. from groundwater (Manorlands) for DOMESTIC.

Teresa Wilhelmsen, P.E.

State Engineer

Published in Uinta Co. Herald on Sept 13, 20, 2023  09139

NOTICE OF LIEN SALE

To Whom It May Concern: Notice is hereby given that on Sept. 20, 2023, 9:00 a.m., at 63 Reay St., Evanston, WY, the undersigned will sell at public auction a 2018 Peterbilt, VIN 1XPBD49X8JD446037 - $10,000; 2012 Volvo, VIN 4V4NC9TG5CN540238 - $10,000; 2003 Freightliner, VIN 1FUJBBCK33LM07457 - $10,000.                                                               

Dated: Sept. 5, 2023

Robertson Transportation Inc. Towing & Recovery

PUBLISHED: Sept. 13, 20, 2023           091310

PUBLIC NOTICE

Notice is hereby given that Tom and Dawn Nichols have applied for a Subdivision Permit to subdivide Block 1 Lot 1 of the Bear River Coal Industrial Park into a new 2 Lot Industrial Subdivision entitled the T & D Subdivision.

A public hearing on this application will be held before the Uinta County Planning and Zoning Commission at 7:00 pm, Wednesday, September 27, 2023, in the Commission Chambers of the Uinta County Complex, Evanston, Wyoming.

PUBLISHED: Sept. 13, 20, 2023           091311

PUBLIC NOTICE

Notice is hereby given that Jud & Ledah Redden and Rex & Stephanie Weston have applied for a Subdivision Permit to subdivide Lots 15 & 16, Block 4, of the Austin Hills Subdivision in Section 12, T16N, R115W, 6th P.M., Uinta County, Wyoming.  A public hearing on this application will be held before the Uinta County Planning and Zoning Commission at 7:00 pm, Wednesday, September 27, 2023 in the Commission Chambers of the Uinta County Complex, Evanston, Wyoming.

PUBLISHED: Sept. 13, 20, 2023           091312

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE STATE OF WYOMING IN AND FOR UINTA COUNTY

Docket No. 2023-CV-89

In the Matter of the Estate of )

HARLEY G. HIGBIE, JR.,            )

  Deceased.                

NOTICE OF APPLICATION FOR SUMMARY DECREE OF DISTRIBUTION OF REAL PROPERTY

NOTICE IS HEREBY GIVEN that a sworn application has been made for a decree in the Third Judicial District Court in and for Uinta County, State of Wyoming, establishing in Lolita Higbie, Lorraine Fairmont, Madeleine Wolfe, and Harley Green Higbie, III, the right and title to the decedent’s interests in real property, whether herein enumerated or not, including without limitation all fee interests, working interests, royalty interests, overriding royalty interests, production payments, net profits interests, and other payments out of production, situate in Uinta County, State of Wyoming.  For a complete listing of such identified lands, a copy of the application may be acquired at the Uinta County District Court, Docket No. 2023-CV-89.

If no objection to the application has been filed within thirty (30) days of the first date of publication of this Notice, the Court shall enter a decree establishing the right and title to the aforementioned property located in Wyoming. 

Lolita Higbie, Applicant

Attorney For Applicant

Ryan M. McGuffey

Long Reimer Winegar LLP

1800 Glenarm Place, Suite 1202

Denver, Colorado 80202

Office: (720)-287-2165

PUBLISHED: Sept. 13, 20, 2023           091313

LUCDA Annual Meeting

The Board of Directors for the Lincoln Uinta Child Development Association will hold its Annual Meeting at 5 p.m., September 27,2023, virtually via Microsoft Teams Meeting. Interested parties may contact the LUCDA Regional Office at 782-6602 for more information.

PUBLISHED: Sept. 13, 2023    09133

NOTICE OF PUBLIC HEARING

Please be informed that on Tuesday, October 3rd, at 5:30 p.m. in the Council Chambers at City Hall, 1200 Main Street, Evanston, WY, the Evanston City Council will conduct a public meeting in which a public hearing will be held to review a decision of the Evanston Planning and Zoning Commission for the following application pursuant to Article 2, Chapter 24, Zoning of the 1982 Code of the City of Evanston, WY. 

HE 193  A request by Tina Durand for a Height Exception to allow a fence to exceed the maximum height limitation of four feet within the front yard setback area for property located at 117 Citation Lane, Evanston, Wyoming, which is zoned Low Density Residential-Established (LR-E).  The applicant is proposing to construct a 6-foot-tall vinyl privacy fence to enclose a portion of the front yard located west of the driveway.  (Sections 24-22 D., 24-33)

At the August 7th meeting of the Planning Commission, Height Exception, HE 193 was not approved by the Commission.  Within 15 days from the date the Planning Commission made the decision, the Engineering and Planning Department received a petition from the applicant requesting the City Council to call up the decision of the Commission for further review.  At the September 5th meeting of the City Council, at least two-thirds of the members of the Council voted in the affirmative to call up the decision of the Planning Commission for further review.  A public hearing has been scheduled for October 3rd.

If you are interested in this public hearing, feel free to attend the meeting.  If you are differently-abled and need assistance or if you need interpretive assistance, please contact the City Engineering and Planning Department one week prior to the meeting.  For more information, contact Planning Department staff at (307) 783-6470.

PUBLISHED: Sept. 13, 2023    09136

EVANSTON CITY COUNCIL

First Regular Meeting

September 5th, 2023

The official record of proceedings of the first regular meeting of the Evanston City Council for the month of September was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded.

Mayor Williams led those in attendance in the Pledge of Allegiance to the Flag.

The roll was called and with a quorum being present, Mayor Kent Williams called the meeting to order at 5:30 p.m. and welcomed everyone present.

Those present from the governing body at the start of the meeting were: Mayor Williams; Council members, Tim Lynch, Jesse Lind, Evan Perkes, David Welling, Mike Sellers and Jen Hegeman. 

Staff members present at the start of the meeting were: City Attorney/Prosecutor, Mark Harris; City Treasurer, Trudy Lym; City Clerk, Diane Harris; Public Works Director, Gordon Robinson; Director of Parks and Recreation, Kim Larson; Director of Engineering and Planning, Dean Barker; Senior Planner, DuWayne Jacobsen and Police Chief, Mike Vranish.  Community Development Director, Rocco O’Neil was excused.  A group of interested citizens was also present.

Approve Agenda

Council member Welling moved, Council member Sellers seconded to approve the agenda.

The motion passed unanimously with 7 yes votes:  Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman.

Approve Minutes

The official record of proceedings for the City Council Meeting held August 15th, 2023 was approved as presented.

Bills

Council member Lynch moved, Council member Lind seconded, to approve the following bills for payment:

Aug 16, 2023 to Sept 05, 2023

VENDOR          FOR     AMOUNT

AXA Equivest   Payroll 338.00

Beneficial Life Payroll 293.34

Delta Dental    Payroll 8,565.60

Evanston Peace Officers         Payroll 232.00

Flexshare         Payroll 3,135.85

Hartford          Payroll 300.10

IRS Tax Deposit           Payroll 49,871.48

Mission Square           Payroll 99.44

NCPERS           Payroll 96.00

Orchard Trust Payroll 1,268.88

Parks & Recreation     Payroll 218.75

Uinta County Court     Payroll 80.10

WEBT  Payroll 202,404.02

Wyoming Child Support         Payroll 264.92

Wyo. Dept of Workforce Serv.           Payroll 8,178.10

Wyoming Retirement Systems           Payroll 74,273.21

Payroll Payroll 155,550.06

AAA Spring Specialists Parts    723.26

Action Compaction Equipment          Parts    7,034.08

Adidas America           Supplies          187.49

Alsco   Laundry Services         515.76

Amanda R. Kirby         Services           1,462.50

Artistic Sign Design     Supplies          2,994.00

AT & T Cell Phones/Internet  2,274.77

Best Kind Embroidery Services           244.30

Bridgestone Golf         Supplies          432.32

Brownells        Supplies          815.98

Calibration Tech & Supply      Services           50.00

Carl Gerrard    Reimbursement          389.00

Caselle Registration    1,980.00

CD’s Electric    Services           7,886.09

Century Link    Utilities            162.74

Chemtech-Ford Laboratories Testing 232.00

Cemetery Refunds      Refund 525.00

City Employees           Reimbursements        443.22

City of Evanston          Utilities            40.48

Civic Plus         Contract          4,749.66

Cleveland Golf Supplies          5,244.08

Conwest          Services           100,186.86

Court Bonds    Refunds           4,050.00

Denver Industrial Pumps        Parts    5,777.79

Deru’s Glass    Services           1,337.70

Dominion Energy        Utilities            6,145.31

  1. Dean Stout Contract 4,000.00

Education & Training Services            Registration    499.00

Eisinger-Smith Supplies          200.14

Ellingfords       Supplies          88.80

Empire Turf     Supplies          1,390.00

Energy Laboratories    Testing 2,291.00

Eptura Software         2,891.94

Scott Evans     Equipment      2,500.00

Esmerelda Vasquez     Services           100.00

Evanston Parks & Recreation City Subsidy/Reimb.    214,989.68

Evanston Youth Club  Contract          25,000.00

Fastenal          Parts    93.20

Ferguson Waterworks Equipment      8,212.00

First Bank        Visa     14,925.76

Floyd’s Truck Center   Parts    97.96

Forsgren Associates    Contract          6,377.50

Freeway Tire   Tires    8,837.48

Geneva Rock   Supplies          2,864.77

Gladiator Materials     Concrete         1,291.50

Great Basin Turf Products      Supplies          446.16

Holland Equipment     Parts    3,043.06

HR Direct         Supplies          138.43

Jackson Group Peterbilt         Parts    481.69

J-Bar Excavation          Supplies          1,390.00

Joe’s Modern Cleaners           Laundry Services         108.60

JUB Engineers Contract          15,000.00

Kallas Automotive       Parts    2,573.95

Kickin Grass     Services           60.00

Leads Online   Support/Maintenance            3,632.00

Lewis & Lewis Contract          340,674.93

Little Paws Salon         Services           55.00

Local Government Liability Pool         Deductible      5,435.75

Mile High Turfgrass     Supplies          742.00

MJB Animal Clinic       Supplies          312.50

Morcon           Supplies          1,563.60

MntnWest Business Solutions            Service Agreement     773.99

Murdochs       Supplies          881.90

Nalco   Supplies          76,691.84

Patrick Towing Services           600.00

Porter Muirhead Cornia Howard        Audit Fees       10,000.00

Pro-Vision Solutions   Data Support/Maint   110.00

Proforce Law Enforcement     Supplies          2,983.08

Quadient         Contract          3,039.87

  1. Lorin Smith Equipment 127,500.00

Reladyne         Fuel     2,777.31

Remote Control Systems        Software         674.00

Repower         Parts    3,890.00

Rhinehart        Fuel     21,237.94

Rock Solid SST Equipment      436.00

Rocky Mountain Power          Utilities            28,697.44

Rogue Services            Services           10,650.00

Safety Supply & Sign   Signs    4,593.74

Safety Vision   Parts    1,107.47

Scheyden Eyewear      Supplies          2,186.00

Shred-It USA   Services           436.67

Sidewalk Reimbursement       Reimbursements        150.00

Simpleview     Contract          25,650.00

Sirchie Finger Print Lab           Supplies          46.11

Skaggs Uniforms         562.85

Smart Cover Systems  Parts    2,184.00

Staker Parson  Asphalt            2,310.40

Steve Regan    Supplies          1,340.98

T-7       Propane          636.16

Tammy Fields  Services           750.00

Taylor Made Golf        Supplies          3,063.69

Thatcher Company     Supplies          9,513.48

The Huntington National Bank           Contract          4,445.39

The Lumberyard         Supplies          58.09

Titleist Supplies          2,689.76

To Golf Supplies          130.00

Tom’s HVAC    Services           150.00

Truck Pro         Parts    155.77

Turf Equipment & Irrigation   Parts    393.17

Uinta County   Jail Fees           4,558.46

Uinta Lock & Key         Services           350.00

Union Pacific Railroad Contract          100.00

Utah Yamas Controls  Data Support/Maint.  2,652.00

Verizon Wireless         Cell Phones     240.76

Vista Outdoor Sales    Supplies          1,562.62

W.W.Q. & P.C.A.         Registration    930.00

Walmart          Supplies          1,540.68

Water Deposits           Refunds           61.63

Westar Printing           Supplies          211.80

Western Wyoming Beverages            Services           150.50

Wheeler Machinery    Parts    345.72

Wilson Sporting Goods           Supplies          177.30

XO Xtreme Marketing Contract          17,116.66

Xylem Water Solutions           Parts    35,239.45

The motion passed unanimously with 7 yes votes:  Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman.

Revenue & Expenditure Report

Council member Welling moved, Council member Perkes seconded, to approve the Revenue and Expenditure Report for June 2023.

The motion passed unanimously with 7 yes votes:   Williams, Lynch, Lind, Perkes, Welling, Sellers,  Hegeman.

Council Comments

Council member Lind thanked the Labor Day Committee for a successful Cowboy Days and parade. He mentioned that despite the weather the turnout was great. He commented that Evanston High School sports are in full swing and to be sure and get out and support them.

Council member Welling also expressed gratitude to the Cowboy Days Committee for a great Cowboy Days Celebration.  He remarked how fantastic the new bleachers are.  He mentioned that he would like to see Evanston football get a win this weekend.

Council member Sellers wished his wife a Happy Birthday.  He also thanked the Cowboy Days Committee for a great weekend.  He commented that the Rotary Club served 220 people for breakfast on Labor Day.  He also reminded everyone to obey the speed limit as school is in session.

Council member Hegeman expressed how great the Labor Day Parade was.  She mentioned that the weather did not dampen the attendance or the experience.

Mayor Williams recognized the effort of the crews who worked tirelessly getting the bleachers up for the rodeo over the weekend.  He expressed gratitude for a job well done.

Public Hearing/Liquor License Renewals

A public hearing was conducted by City Attorney, Mark Harris for all the applicants that filed for the renewal of their liquor licenses within the City of Evanston.  Mr. Harris stated that all the applications have been reviewed by the City Clerk and the Wyoming Liquor Division. Notice for the hearing has been advertised for two consecutive weeks in the local newspaper.  Mr. Harris asked if there was any opposition or comments regarding any of the liquor license renewals. There being no comments, Mr. Harris closed the hearing.

Liquor License Renewals

Council member Perkes moved, Councilmember Sellers seconded, to renew the following Liquor Licenses within the City of Evanston:

Applicant         Doing Business As       License

Rachel’s, LLC   Kate’s  Retail

Wyoming Horse Racing, LLC   Horse Palace   Retail

La Tia Mexican Eats, Inc.         Don Pedro Family       Retail

            Mexican Restaurant

Yellow Creek Liquor, Inc.        Discount Liquor          Retail

Wyoming Downs OTB 8, LLC  Wyoming Downs OTB Retail

Spanky’s Bar, LLC        Spanky’s Bar   Retail

Smith’s Food & Drug   Smith’s #86     Retail

  Centers Inc.

Fraternal Order of Eagles #2359        FOE #2359       Limited

Dunmar Inn, LLC         Legal Tender Lounge  Retail

Sumo WY, Inc. Ichiban Japanese        Retail

            Steakhouse

VFW Post 4280           VFW Post 4280           Limited

SG Ventures    Fairway Restaurant     Retail

            and Bar          

APE Wyoming, LLC                  Retail

Jalisco Mexican Grill, LLC        Jalisco Mexican Grill   Restaurant

Five-K, LLC       The Lincoln Highway   Retail

            Tavern

Clemente Brs Enterprise, LLC El Paso All American   Restaurant

            & Mexican Restaurant

H.N.A., Inc.      Cowboy Joe’s  Retail

Fast Stop 1138, Inc.    Fast Stop         Retail

OB5, LLC          Border Beverage         Retail

Maverik, Inc.   Maverik #162  Retail

Spirits of Red Mountain, Inc.  Spirits of Red Mountain          Retail

Bon Rico, Inc.  Bon Rico          Retail

Suds Brothers, Inc.      Suds Brothers Brewery           Bar & Grill

339 Wasatch, LLC       Affordable Inns           Resort

            & Restaurant

Main St. Deli, LLC        Main Street Deli          Restaurant

Paff’s, LLC        Paff’s   Restaurant

The motion passed unanimously with 7 yes votes:   Williams, Lynch, Lind, Perkes, Welling, Sellers,  Hegeman.

Council member Hegeman declared a Conflict of Interest on the next item and abstained from discussion and voting:

Council member Sellers moved, Councilmember Lynch seconded, to renew the following Liquor License within the City of Evanston:

JoeCo, LLC       Queen City Saloon      Retail

The motion passed unanimously with 6 yes votes:   Williams, Lynch, Lind, Perkes, Welling, Sellers.  Hegeman abstained.

Petition for Call Up

Council member Welling moved, Council member Lynch seconded to grant a petition for call up and review of the action of the Evanston Planning and Zoning Commission on August 7th, 2023, regarding HE193, the Application of Tina Durand, for a Height Exception to allow a fence to exceed the maximum height limitation of four feet within the front yard setback area for property located at 117 Citation Lane.

The motion passed unanimously with 6 yes votes:  Williams, Lynch, Lind, Welling, Sellers, Hegeman. 1 no vote:  Perkes

The hearing regarding the call up was set for October 3rd, 2023 at 5:30 p.m. at City Hall Council Chambers.

Consent Agenda

Council member Welling moved, Council member Perkes seconded, to approve the following Consent Agenda Items:

Street Closure Permit requested by Rocco O’Neill for a Cowboy Block Party on Saturday, September 16th, 2023, on Main Street from 9th Street to Harrison Drive and 10th Street from Main Street to Center Street, from 3:00pm to 11:00pm.

Street Closure Permit requested by the Downtown Evanston Promotions for the Annual Amazing Race on Friday, September 22nd, 2023, on Main Street, from 9th Street to Harrison Drive, from 4:30 to 8:30 pm.

The motion passed unanimously with 7 yes votes:   Williams, Lynch, Lind, Perkes, Welling, Sellers,  Hegeman.

Ordinance 23-05

Council member Sellers moved, Council member Welling seconded, to pass Ordinance 23-05 on second reading.

AN ORDINANCE OF THE CITY OF EVANSTON, WYOMING, ANNEXING THE REAL PROPERTY MORE PARTICULARLY DESCRIBED HEREIN AS REQUESTED IN THE PETITION TO ANNEX SUBMITTED BY GTR PROPERTY HOLDINGS, LLC, A UTAH LIMITED LIABILITY COMPANY

The motion passed unanimously with 7 yes votes:  Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman.

Resolution 23-62

Council member Lynch introduced Resolution 23-62.  Council member Lynch moved, Council member Welling seconded, to adopt Resolution 23-62.

A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA THROUGH THE FEDERAL AVIATION ADMINISTRATION TO OBTAIN ADDITIONAL GRANT FUNDS TO UPDATE THE AIRPORT MASTER PLAN FOR THE EVANSTON-UINTA COUNTY AIRPORT/BURNS FIELD.

The motion passed unanimously with 7 yes votes:  Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman.  

Resolution 23-63

Council member Welling introduced Resolution 23-63.  Council member Welling moved, Council member Lind seconded, to adopt Resolution 23-63.

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON APPROVING CHANGE ORDER NO. 3 FOR THE 18TH, 19TH & WEST SUMMIT WATER REPLACEMENT PROJECT IN THE CITY OF EVANSTON.

The motion passed unanimously with 7 yes votes:  Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman.  

Resolution 23-64

Council member Perkes introduced Resolution 23-64.  Council member Perkes moved, Council member Welling seconded, to adopt Resolution 23-64.

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE EXECUTION OF AN ARPA GRANT AGREEMENT WITH THE STATE OF WYOMING, OFFICE OF STATE LANDS AND INVESTMENTS, TO FUND THE DESIGN AND CONSTRUCTION OF REPLACING WATER MAIN LINES AND HYDRANTS ALONG SAGE STREET (THE SAGE STREET WATER MAIN REPLACEMENT PROJECT). 

The motion passed unanimously with 7 yes votes:  Williams, Lynch, Lind, Perkes, Welling, Sellers, Hegeman.   

Adjournment

With no further business to be conducted at this time Mayor Williams adjourned the meeting at 6:07 p.m.

Kent H. Williams, Mayor

Diane Harris, City Clerk

PUBLISHED: Sept. 13, 2023    09138

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICTWITHIN AND FOR UINTA COUNTY, WYOMING

In the Matter of the Estate of             ) Civil No. 23-CV-92

FRANK JAMES NIBARGER, SR., Deceased       )          

NOTICE OF APPLICATION

            The creditors, heirs, devisees and all other persons interested in the estate of FRANK JAMES NIBARGER, SR., deceased, take notice that Stephanie Dean has filed an application in the District Court within and for Uinta County, Wyoming, alleging that FRANK JAMES NIBARGER, SR. died on July 12, 2023; and that he owned and left real property in Uinta County, Wyoming, particularly described as follows:

Lot 5 in Block 36 of the Original Town of Evanston, Uinta County, Wyoming, LESS AND EXCEPT the Northerly 58 feet thereof.

Together with all improvements thereon and all rights, appurtenances and hereditaments thereunto belonging or in anywise appertaining.

SUBJECT, HOWEVER, to all easements, rights-of-way, reservations, restrictions and existing or future oil and gas and/or other mineral leases, now of record or otherwise affecting said lands.

 And praying that the Court enter a decree establishing that the right and title to the real property described hereinabove be distributed to the following:

Name, Address & Relationship of Estate       Age      Share

Stephanie Dean, Daughter     Legal    50%

115 Canyon Hollow Dr.,

Evanston, WY 82930

Frank James Nibarger, Jr., Son           Legal    50%

1095 Egret Lake Way,

Melbourne, FL 32940

You are hereby notified that if no objection to the application has been filed within thirty (30) days of the first publication of this Notice, the Court will enter a Decree establishing the right and title to the foregoing property in favor of the foregoing party or parties.

DATED this 1st day of September, 2023

STEPHANIE DEAN, Petitioner

PUBLISHED: Sept. 6 and 13, 2023       09067

NOTICE OF INTENT TO ESTABLISH A NEW BANKING BRANCH

 State Bank with its headquarters located at 30 Shoshone Avenue, Green River, WY 82935 has submitted an application to establish a new branch at the following location: 221 10th Street Suite 103, Evanston, WY 82930

Comments concerning this application should not be sent later than September 20, 2023. Comments regarding this application should be forwarded to State of Wyoming Division of Banking, Hathaway Building 2nd Floor, 2300 Capitol Avenue, Cheyenne, WY 82002. Additionally, any comment regarding this application should be forwarded in writing to the Regional Director of the Federal Deposit Insurance Corporation, 25 Jessie Street at Ecker Square Suite 2300. San Francisco, CA 94104. The non-confidential portions of the application are also on file at the appropriate FDIC office and are available for public inspection during regular business hours. Photocopies of the non-confidential portion of the application will be made available upon request.

PUBLISHED: Aug. 23, 30, Sept. 6, 13, 2023    08231

PUBLIC NOTICE

Notice is hereby given that Sam Nielsen has applied for a Conditional Use Permit to allow a Veterinarian Clinic to be constructed and operate in an Agricultural/Resource/Development (ARD) Land Use District.  The subject property is owned by Kenneth Weston located in Section 8, T15N, R120W of the 6th PM, Uinta County, Wyoming, with a physical address of 1412 Highway 89 North.

A public hearing on this application will be held before the Board of Uinta County Commissioners on Tuesday, September 19, 2023 at approximately 2:00 p.m. in the Commission Chambers of the Uinta County Complex, Evanston, Wyoming.

PUBLISHED: Sept. 6, 13, 2023 09064

IN THE DISTRICT COURT OF THE THIRD JUDICIAL

DISTRICT IN AND FOR UINTA COUNTY, WYOMING

In the Matter of the Estate of             )      Civil No. 2023-CV-90

JANE ANN JOHNSON, deceased.        )          

NOTICE OF APPLICATION

The creditors, heirs, devisees and all other persons interested in the estate of JANE ANN JOHNSON, deceased, take notice that Virgil Jay Johnson has filed an application in the District Court within and for Uinta County, Wyoming, alleging that JANE ANN JOHNSON died on May 5, 2023; and that she owned a one-half (½) interest in a Wyoming partnership, M & J Partnership, which owned real property located in Uinta County, in the State of Wyoming, particularly described as follows:

Parcel No. 1:  Lots 1 through 5, in Block 5 of The Union Pacific Railway Company’s Subdivision of a part of the Southeast Quarter (SE¼) of Section 17, Township 15 North, Range 120 West of the Sixth Principal Meridian, Uinta County, State of Wyoming.

Said lots contain an area of 25,0000 square feet (0.5739 acres), more or less.

Parcel No. 2:    A strip of land situate in the Southeast Quarter (SE¼) of Section 17, Township 15 North, Range 120 West of the Sixth Principal Meridian, Uinta County, State of Wyoming, said strip being bounded on the northeast by the southwesterly line of Block 5 of The Union Pacific Railway Company’s Subdivision of the Southeast Quarter (SE¼) of said Section 17, bounded on the southeast by the southwesterly prolongation of the northwesterly line of Lot 6 of said Block 5, bounded on the northwest by the southwesterly prolongation of the northwesterly line of Lot 1 of said Block 5 and bounded on the southwest by the northeasterly right of way line of Union Pacific Railroad Company’s main line. 

And praying that the Court enter a decree establishing that the right and title to the real property described hereinabove be distributed to the following:

Name, Address and

Relationship of Estate Age      Share

Virgil Jay Johnson, Son            Legal    50%

1137 North 1000 South

Clinton, Utah 84015

Rudolf Jack Johnson, Jr., Son  Legal    Inheritance Waived

1137 North 1000 South

Clinton, Utah 84015

Heather Ann Poulsen, Legal    12.5%

Granddaughter

370 Andrews Street

Green River, Wyoming 82935

Nicole Elisabeth Fleet,            Legal    12.5%

Granddaughter

185 Monroe Avenue

Green River, Wyoming 82935

Scott Mitchel McGillis,            Legal    12.5%

Grandson

370 Andrews Street

Green River, Wyoming 82935

Michael Sutton McGillis,         Legal    12.5%

Grandson

160 Cedar Street

Green River, Wyoming 82935

You are hereby notified that if no objection to the application has been filed within thirty (30) days of the first publication of this Notice, the Court will enter a Decree establishing the right and title to the foregoing property in favor of the foregoing party or parties.

DATED this 30th day of August. 2023.

Virgil Jay Johnson, Petitioner

PUBLISHED: Sept. 6 and 13, 2023       09065

FORECLOSURE SALE NOTICE

WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note (the “Note”) dated July 02, 2021, executed and delivered by Kelsey Lynn Youngberg to Caliber Home Loans Inc. and a real estate mortgage (the “Mortgage”) of the same date securing the Note, which Mortgage was executed and delivered by Kelsey Lynn Youngberg, an unmarried woman (the “Mortgagors”), to Mortgage Electronic Registration Systems, Inc., as nominee for Caliber Home Loans Inc., and which Mortgage was recorded on July 06, 2021, as Instrument No. 1108245, Book 2021, Page 429 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Uinta County, State of Wyoming; and

WHEREAS, the mortgage was assigned for value as follows: 

Assignee: Caliber Home Loans, Inc.

Assignment dated: 08/11/2022

Assignment recorded: 08/23/2022

Assignment recording information: Instrument No. 1128819, Book 2044, Page 323

Assignee: NewRez LLC d/b/a Shellpoint Mortgage Servicing

Assignment dated: 07/31/2023

Assignment recorded: 07/31/2023

Assignment recording information: Instrument No. 1143949, Book 2056, Page 350

All in the records of the County clerk and ex-officio Register of Deeds in and for Uinta 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 there-of, 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 $150,041.95 which sum consists of the unpaid principal balance of $139,163.12 plus Interest accrued to the date of the first publication of this notice in the amount of $2,789.82, 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 research the status of title before submitting a bid;

NOW, THEREFORE NewRez LLC d/b/a Shellpoint Mortgage Servicing, 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 Uinta County, Wyoming to the highest bidder for cash at 10:00 o’clock in the forenoon on October 18, 2023, at Uinta County Courthouse Information Desk, 225 9th Street, Evanston, WY 82930, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:

The land referred to in this document is situated in the State of Wyoming, County of Uinta, and is described as follows:

A fractional part of Lot 6 in Block 3 of the Lyman Townsite, Lyman, Uinta County, Wyoming, according to the plat recorded September 3, 1901 as Instrument No. 9945 on file in the office of the Uinta County Clerk, being more particularly described as follows:

Commencing at the Southeast corner of said Lot 6 in said Block 3, the PLACE OF BEGINNING and the Southeast corner of the lands herein described; thence West along a line separating Lot 6 from Walnut Street, 58 feet; thence at right angles North 132 feet; thence at right angles, East 58 feet to the boundary line separating said Lot 6 from Lot 8 of said Block, thence at right angles, south and along the line separating said Lot 6 from Lot 8, 132 feet to the POINT OF BEGINNING. The intention is to describe a rectangular parcel of ground 58 feet by 132 feet with the 58 feet fronting on Walnut Street.

With an address of: 121 E Walnut St, Lyman, WY 82937-5152

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

Date: 8/9/2023           Brian G. Sayer

  1. Morgan Lasley

Marcello G. Rojas

The Sayer Law Group, P.C.

925 E. 4th St.

Waterloo, Iowa 50703

319-234-2530

319-232-6341

PUBLISHED: Sept. 6, 13, 20, 27, 2023 09062

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF UINTA,

STATE OF WYOMING

Docket No. 23-CV-88

IN THE MATTER OF THE ESTATE OF:  )

ANNA THOMAS, Deceased.                            )

NOTICE OF APPLICATION

NOTICE IS HEREBY GIVEN that on the 28th day of August, 2023, Royce R. Thomas, filed an Application for a Decree of Summary Distribution of Real Property seeking an establishment in the name of Anna Thomas, of the decedent’s right, title and interest in and to certain real property located in Uinta County, Wyoming, and more particularly described as follows:

Unit 11 in Building “N” of the Aspen Groves Townhomes Subdivision to the City of Evanston, County of Uinta, Wyoming, together with a 1/204th undivided ownership of common areas according to the official plat thereof recorded in the office of the Uinta County Clerk as instrument No. 380212 on November 5, 1981 and in Ordinance #83-29 recorded June 2, 1983 in Book 442, Page 510.

TOGETHER WITH all improvements thereon and all rights, appurtenances and hereditaments thereunto belonging or in anywise appertaining.

SUBJECT, HOWEVER, to all reservations, restrictions, exceptions, easements and rights-of-way of record.

If no objection to the Application has been filed within thirty (30) days of the first date of publication of this Notice, the applicant will request that the Court enter a decree establishing in them all right, title and interest in and to the above described real property.

Royce R. Thomas

PUBLISHED: Sept. 6 and 13, 2023       09066

FORECLOSURE SALE NOTICE

WHEREAS, default in the payment of principal and interest has occurred under the terms of a Promissory Note (the "Note") dated April 15, 2022, executed and delivered by Jordan James Harrison (“Mortgagor”) to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for First Bank of Wyoming, Division of Glacier Bank, its successors and assigns, and a real estate Mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor, to said Mortgagee, and which Mortgage was recorded on April 15, 2022, at Reception No. 1121990, in Book 2037, at Page 935-950 in the public records in the office of the County Clerk and ex-officio Register of Deeds in and for Uinta County, State of Wyoming; and

WHEREAS, the Mortgage was assigned for value as follows:

Assignee: Citizens Bank NA f/k/a RBS Citizens NA

Assignment dated: January 20, 2023

Assignment recorded: January 24, 2023

Assignment recording information: at Reception No. 1135529, in Book 2049, at Page 894

All in the records of the County Clerk and ex-officio Register of Deeds in and for Uinta 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 August 17, 2023 being the total sum of $367,170.90, 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 Citizens Bank NA f/k/a RBS Citizens NA, 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 Uinta County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on September 20, 2023 at the information desk at the Uinta County Courthouse located at 225 9th Street, Evanston, WY 82930, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit:

A parcel of land located in the E1/2W1/4 of Section 18, Township 16 North, Range 114 West, 6th P.M., Uinta County Wyoming, being more particularly described as follows:

Beginning at the Northeast corner of said E1/2NW1/4, thence S 0°14'46" W, 1822.30 feet along the East line thereof to a point on the North right of way line of Uinta County road No. 231; thence S 62°11'40" W, 373.93 feet along said right of way to the Southeast corner of that tract of land described in Book 300, Page 441 of the Uinta county records; thence along the boundary of said tract the following three courses: N 0°14'45"E, 400.00 feet; N 89°45'16" W, 425.00 feet; S 0°14'42" W. 238.52 feet to the Northeast Corner of a parcel of land described in Book 346, Page 320 of the Uinta County Records; thence along the boundary of said parcel the following two courses: N 89°45'16" W. 503.33 feet; S 0°13'35" W, 445.19 feet to a point on the North right of way line of said county road, said point being on a curve concave to the Northeast having a radius of 1070.92 feet; thence Northwesterly along the arc of said curve 75.76 feet through a central angle of 4°03'13", the long chord of which bears N 81°29'16" W, 75.75 feet to a point on the West line of said E1/2NW1/4; thence N 0°33'35" E, 896.69 feet to the Northwest Corner of the SE ¼ NW 1/4 ; thence N 88°17'51" E, 721.51 feet along the North line thereof; thence N 0°12'35" E, 1326.44 feet to the North line of said E1/2NW1/4; thence N 88°04'08" E, 613.64 feet along the North l