Portola Reporter Public Notices for the week of 2/8/17
Portola Property Sale
Grizzly Ranch Road
STOX#: 88873
TS#: 048280-CA
Property Address: 1841 Grizzly Ranch Rd.,
Portola, California 96122
T.S. No. 048280-CA APN: 028-130-015 NOTICE OF TRUSTEE‚S SALE Pursuant to CA Civil Code 2923.3 IMPORTANT NOTICE TO PROPERTY OWNER: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 9/5/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER On 2/22/2017 at 11:00 AM, CLEAR RECON CORP., as duly appointed trustee under and pursuant to Deed of Trust recorded 9/19/2006, as Instrument No. 2006-0008287, of Official Records in the office of the County Recorder of Plumas County, State of CALIFORNIA executed by: DONNA LINDQUIST WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER‚S CHECK DRAWN ON A STATE OR NATIONAL BANK, A CHECK DRAWN BY A STATE OR FEDERAL CREDIT UNION, OR A CHECK DRAWN BY A STATE OR FEDERAL SAVINGS AND LOAN ASSOCIATION, SAVINGS ASSOCIATION, OR SAVINGS BANK SPECIFIED IN SECTION 5102 OF THE FINANCIAL CODE AND AUTHORIZED TO DO BUSINESS IN THIS STATE: AT THE EAST ENTRANCE TO THE COUNTY COURTHOUSE, 520 MAIN STREET, QUINCY, CA 96122 all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: MORE FULLY DESCRIBED ON SAID DEED OF TRUST The street address and other common designation, if any, of the real property described above is purported to be: 1841 GRIZZLY RANCH ROAD PORTOLA, CALIFORNIA 96122 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be held, but without covenant or warranty, express or implied, regarding title, possession, condition, or encumbrances, including fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to pay the remaining principal sums of the note(s) secured by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is: $175,567.67 If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (844) 477-7869 or visit this Internet Web site WWW.STOXPOSTING.COM, using the file number assigned to this case 048280-CA. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. FOR SALES INFORMATION: (844) 477-7869 CLEAR RECON CORP. 4375 Jutland Drive Suite 200 San Diego, California 92117
Published PR
Feb. 1, 8, 15, 2017|
Chilcoot Property Sale
Frenchman Lake Road
NOTICE OF TRUSTEE’S SALE TS No. CA-16-750515-AB Order No.: 733-1601103-70 NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED TO THE COPY PROVIDED TO THE MORTGAGOR OR TRUSTOR (Pursuant to Cal. Civ. Code 2923.3) YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 6/3/2008. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier’s check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial Code and authorized to do business in this state, will be held by duly appointed trustee. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): Maureen McElroy and Edwin Powell Recorded: 6/11/2008 as Instrument No. 2008-0004148 of Official Records in the office of the Recorder of PLUMAS County, California; Date of Sale: 3/13/2017 at 11:00 AM Place of Sale: At the East Entrance to the Plumas County Courthouse, located at 520 Main Street, Quincy, CA 95971 Amount of unpaid balance and other charges: $407,051.30 The purported property address is: 1266 FRENCHMAN LAKE ROAD, CHILCOOT, CA 96105 Assessor’s Parcel No.: 010-300-001-000 NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call 800-280-2832 for information regarding the trustee’s sale or visit this Internet Web site http://www.qualityloan.com , using the file number assigned to this foreclosure by the Trustee: CA-16-750515-AB . Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, directions to the location of the property may be obtained by sending a written request to the beneficiary within 10 days of the date of first publication of this Notice of Sale. If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficiary’s Agent, or the Beneficiary’s Attorney. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right’s against the real property only. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Date: Quality Loan Service Corporation 411 Ivy Street San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 800-280-2832 Or Login to: http://www.qualityloan.com Reinstatement Line: (866) 645-7711 Ext 5318 Quality Loan Service Corp. TS No.: CA-16-750515-AB IDSPub #0121729 2/8/2017 2/15/2017 2/22/2017
Published PR
Feb. 8, 15, 22, 2017|
NOTICE OF ELECTION
NOTICE IS HEREBY GIVEN that a special all mailed ballot election will be held on June 06, 2017, within the boundaries of the City of Portola, to place a measure before the voters to levy a special fire tax.
Measure B:
“Upon a 2/3 vote of approval shall the City of Portola be authorized and empowered to adopt Ordinance No. 345 establishing an annual special tax, for each parcel of real property within the City, to be collected and apportioned along with the County property taxes, without expiration commencing July 1, 2017, with an annual cost of living adjustment, to be used for providing and enhancing necessary fire protection, prevention and suppression services, emergency medical and rescue services and hazardous material emergency response services?”
ORDINANCE NO.345
AN ORDINANCE OF THE CITY OF PORTOLA, COUNTY OF PLUMAS ADDING CHAPTER 3.22 OF THE CITY OF PORTOLA MUNICIPAL CODE PROVIDING FOR A FIRE PROTECTION AND EMERGENCY RESPONSE TAX
The Council of the City of Portola, California, ordains as follows:
Chapter 3.22 – FIRE PROTECTION AND EMERGENCY RESPONSE TAX
3.22.010 – Title
3.22.020 – Findings
3.22.030 – Purpose and intent
3.22.040 – Definitions
3.22.050 – Authority
3.22.060 – Election
3.22.070 – Effective date
3.22.080 – Amount of special tax
3.22.090 – Repeal of special taxes
3.30.100 – Method of collection
3.30.110 – Unexpended revenue
3.30.120 – Accountability measures
3.30.130 – Appropriations limit
3.30.140 – Exemptions
3.30.150 – Severability
3.22.010 – Title
This chapter shall be known as the “Fire Protection and Emergency Response Tax.”
3.22.020 – Findings
A. Section 4 of Article XIIIA of the California Constitution permits cities by a two-thirds vote of their qualified electorate to levy a special tax on property, and Government Code Section 50075 authorizes a local agency to levy a special tax pursuant to Government Code Section 53978 for fire protection prevention services.
B. This City Council (“City Council”) is the governing body of the City of Portola (“City”).
C. In 1983 the voters of the City approved a special tax in the amount of $12.52 per year for improved parcels and $6.26 per year for unimproved parcels to provide a source of funding for fire protection services. These amounts have remained unchanged for nearly 34 years and have over time become insufficient and unsustainable to fund the needs of the City to provide adequate financial resources to fund fire protection, suppression, training and emergency response, operations, capital acquisitions, maintenance and improvements and emergency response services.
D. The City Council has determined that a Special Tax is required to provide an adequate and sustainable financial foundation for providing and enhancing necessary fire protection, prevention and suppression services, emergency medical and rescue services and hazardous material emergency response services, including general operating and administrative expenses, acquiring, operating and maintaining fire protection, prevention and suppression and emergency response equipment, payment of personnel costs and training, and funding capital improvements.
E. The City Council has determined that it is in the best interests of the City to have one special tax for fire protection, suppression, training and emergency response services, as further specified herein.
3.22.030 – Purpose and intent
It is the purpose and intent of this chapter to authorize the levy of a special tax on parcels of real property on the secured property tax rolls of Plumas County that are within the City of Portola, commencing with the Fiscal Year 2017-2018, in order to use in providing and enhancing necessary fire protection, prevention and suppression services, emergency medical and rescue services and hazardous material emergency response services, including general operating and administrative expenses, acquiring, operating and maintaining fire protection, prevention and suppression and emergency response equipment, payment of personnel costs and training, and funding capital improvements. Because the burden of this tax falls on property, it is a property tax, but it is not determined according to, nor is it in any manner based on the value of the property. This tax is based, to the extent practical, upon the risk of fire or the need for medical aid service to each parcel and the improvement thereon. Insofar as not inconsistent with this chapter, such provision of California Revenue and Taxation Code as related to ad valorem property taxes are intended to apply to the collection and administration of this tax. As authorized by Government Code Section 53978, this tax is not an ad valorem tax and the exemptions contained in or authorized by Article XIII of the California Constitution shall not apply.
3.22.040 – Definitions
As used in this chapter:
“Developed parcel” means any parcel upon which an improvement exists.
“Improvement” means those items included within the Revenue and Taxation Code Section 105 definition of improvement, except for: a) fence, poles and walls that are not a part or connected to a structure; b) trees and vines.
“City” means the City of Portola.
“Existing Fire Tax” means the special tax approved in 1983 by the voters of the City in the amount of $12.52 per year for improved parcels and $6.26 per year for unimproved parcels to provide a source of funding for fire protection services.
“Parcel” means the land and improvements thereon, designated by a parcel number on the assessor’s parcel map and carried on the secured property tax roll of Plumas County, for the purpose of this chapter, parcel does not include any land or improvement outside the boundaries of the City of Portola.
“Special Tax” means the tax authorized and levied pursuant to this chapter.
“Taxpayer” means the assessee of the property shown on the secured tax roll or the person or legal entity actually paying the tax, if different from the assessee.
“Year” or “fiscal year” means the period of July 1 through the following June 30.
3.22.050 – Authority
This Ordinance is adopted pursuant to Article XIIIA, Section 4, Article XIIIB and Article XIIIC, Section 2 of the California Constitution; Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code; Article 3.7 (commencing with Section 53720) of Chapter 4 of Part 1 of Division 2 of Title 5 of the California Government Code; and Section 53978 of the California Government Code.
3.22.060 – Election
Pursuant to Government Code Section 50075 et seq., the City will request that the Plumas County Board of Supervisors direct the Elections Official to place a measure on the ballot for a Special Election, scheduled on June 6, 2017, for the purpose of submitting to the voters of the City the question of the Special Tax to be levied by the City in the amounts and for the purposes herein set forth.
3.22.070 – Effective date
The election to approve this Ordinance shall take place on June 6, 2017. The ordinance codified by this chapter and the Fire Protection and Emergency Response Tax shall become effective upon passage of this Ordinance by the City Council and a two-thirds (2/3) vote of the electorate of the City voting in the election as certified by the Plumas County Elections Official.
3.22.080 – Amount of special tax
A. For the initial Fiscal Year, July 1, 2017 through June 30, 2018 (the “Base Year”), the special tax shall be levied upon property in the following amounts, herein called the “Base Year Amount”:
Use of Property Risk of Classification Maximum Annual Levy
Residential 1. $150.00
Multiple Family including mobile
home parks .75 per unit 112.50
Commercial 1.50 225.00
Industrial 1.75 262.50
Unimproved lands .5 for first acre or portion of acre 75.00
.15 per acre or portion of acre in
excess of one; annual levy not to
exceed $3.000.00 per parcel 22.50
Churches 1.25 187.50
Hospital 1.75 262.50
School 1.75 262.50
Class of Improvement will be determined annually based on data from the Plumas County Assessor.
B. For the Fiscal Year July 1, 2018 through June 30, 2019, and in each succeeding fiscal year, the Special Tax for each category of property shall be increased in an amount equal to the percentage increase in the Consumer Price Index – All Urban Consumers, 12-Month Percent Change, Not Seasonally Adjusted, West Urban, All Items. The City Council shall establish the amount of the Special Tax annually by Resolution in amounts not to exceed the maximum amounts specified herein. In no case shall the amount of the Special Tax to be levied in any fiscal year exceed the maximum amount authorized herein without an approval of the voters.
C. The Special Tax shall be levied in perpetuity.
D. This Ordinance is not intended to repeal or replace any other special tax, except for the Existing Special Tax as set forth in Section 3.22.090 of this Ordinance.
3.22.090 – Repeal of special taxes
This Ordinance shall not be construed to repeal or replace any existing assessment or special taxes, however, on the express condition that, (1) the Special Tax is approved by the electorate of the City and (2) the Special Tax becomes effective, then the City hereby repeals the Existing Fire Tax as of the date that the Special Tax becomes effective.
3.30.100 – Method of collection
A. The City hereby directs the Tax Collector of the County of Plumas to collect the Special Tax authorized herein for the initial Fiscal Year 2017-2018 and for subsequent fiscal years, on the same tax roll at the same time and in the same manner, and subject to the same penalties as the property taxes fixed and collected by the County of Plumas (the “County”) on behalf of the City. The County may deduct its reasonable costs incurred for such services before remittal to the City.
B. The Special Tax, together with all penalties and interest thereon, shall constitute a lien upon each parcel of property upon which it is levied until it has been paid, and said Special Tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City by the person(s) who own the parcel of property on the date said Special Tax is due.
3.30.110 – Unexpended revenue
Any surplus monies raised by the City from the Special Tax may in the discretion of the City Council be used in the succeeding year for the purposes stated in this Ordinance. In no event shall such surplus monies be used by the City for any purposes other than those specified in Section 3.22.030 hereof.
3.30.120 – Accountability measures
A. Account. Upon the upon passage of this Ordinance by the City Council and a two-thirds (2/3) vote of the electorate of the City voting in the election as certified by the Plumas County Elections Official, a separate revenue account shall be created into which the proceeds of the Special Tax will be deposited. The proceeds of the Special Tax shall be applied only to the specific purposes identified in this Ordinance.
B. Annual Report. An annual report that complies with the requirements of Government Code Section 50075.3 shall be filed with the City Council no later than January 1 of each fiscal year in which the Special Tax is levied.
3.30.130 – Exemptions
The Special Tax shall not be imposed upon any Federal or State government agency, any local public agency, or any parcel of property that is exempt from ad valorem taxes under applicable law. All property that is otherwise exempt from or levied on ad valorem property taxes in any year shall also be exempt from the Special Tax in that year.
3.30.140 – Severability
If any section, subsection, sentence phrase or clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of the City hereby declare that they would have adopted the remainder of invalidity, including each section, subsection, phrase or clause, irrespective of the invalidity of any other section, subsection, sentence, phrase or clause.
NOTICE IS FURTHER GIVEN that the dates for filing ARGUMENTS FOR or ARGUMENTS AGAINST the measure are February 08, 2017 through February 17, 2017 at 5:00 p.m. Arguments may not exceed 300 words each and must be accompanied by a “Author Form Statement” available at www.plumascounty.us , signed by each author. Rebuttals to arguments in favor or against the measure may not exceed 250 words and must be filed with the County Clerk beginning February 21, 2017 through March 02, 2017 at 5:00 p.m.
The office of the Plumas County Clerk located in the Courthouse at 520 Main Street, Room 102, Quincy will be the processing place for all ballots from May 30, 2017 through June 20, 2017. Equipment testing will be April 13, 2017 beginning at 9:00 a.m. For election information, call (530) 283-6256 or 283-6129.
Kathy Williams,
Plumas County Clerk-Recorder
Registrar of Voters
Publish February 08, 2017
Portola Reporter
Published PR
Feb. 8, 2017|