Legals (11.12.20)

CIRCUIT COURT OF CLINTON COUNTY, MISSOURI
PROBATE DIVISION
Matter of: GEORGE E. HILL, Deceased
                                                       Estate No. 20CN-PR00070
NOTICE OF HEARING
    And to all persons known or unknown who claim any interest as an heir or through an heir in the property of GEORGE E. HILL who died on SEPTEMBER 13, 2002, residing at 711 S. WALNUT, CAMERON, Clinton County, Missouri 64429:
    You are hereby notified that an application has been filed in the Probate Division of the Circuit Court of Clinton County, Missouri; by TERRY HILL, petitioner, for the determination of the heirs of GEORGE E. HILL, and of their respective interests as such heirs in and with respect to the property owned by said deceased at the time of death including the following, to wit:
Real Property: COMMONLY KNOWN AS 711 S. WALNUT STREET, CAMERON, MO 64429 AND LEGALLY KNOWN AS A TRACT OF LAND DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION TWENTY-THREE (23), TOWNSHIP FIFTY-SEVEN (57) NORTH, RANGE THIRTY (30) WEST, CLINTON COUNTY, MISSOURI, THENCE NORTH 01 DEGREES 3’ 12” WEST, 84.52 FEET TO THE NORTH RIGHT-OF-WAY LINE OF BUSINESS ROUTE 35, THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 88 DEGREES 10’ 56” WEST, 63.61 FEET TO A METAL RIGHT-OF-WAY MARKER, THENCE NORTH 01 DEGREES 03’ 12” WEST, 251.57 FEET, THENCE SOUTH 89 DEGREES 14’ 37” WEST 228.13 FEET TO THE TRUE POINT OF BEGINNING; RUNNING THENCE SOUTH 00 DEGREES 25’ 58” EAST, 89.91 FEET; THENCE WEST, 175 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 69; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE 89.91 FEET; THENCE EAST 175 FEET TO THE TRUE POINT OF BEGINNING.
    Personal Property: N/A.
    Petitioner’s Attorney is: TROY L. DIETRICH, whose business address is: 416 N. WALNUT SUITE B, CAMERON, MO 64429.
    You are further notified that a hearing on said application will be held in the Probate Division of the Circuit Court of Clinton County, at the Courthouse, 207 N. MAIN, PLATTSBURG, MO 64477, on the 17TH day of DECEMBER, 2020 at 1:00 P.M. at which time evidence will be presented to the Court and at which time and place you are entitled to be present and to be heard. Should you fail therein, judgment may be entered in the due court upon said petition.
    First Date of Publication: 11/12/2020
ANGELIA STONE, CIRCUIT CLERK
By: /s/ Nancy Kelly, Probate Clerk
                                                                   11/12, 19, 26, 12/3c

NOTICE OF PUBLIC HEARING
    Merton A. Porter has applied for a Special Use Permit to construct upstairs apartments at 116 N Main St.  The City of Plattsburg Planning Commission will convene at 114 Maple St. at 7:00 P.M. on December 3, 2020 to consider this request.  All interested parties may appear and be heard.                 11/12, 19c

IN THE 43RD JUDICIAL CIRCUIT COURT, CLINTON COUNTY,
MISSOURI
Probate Division:
                  Case Number: 20CN-PR00069

In the Estate of THELMA JANE WIEDMAIER, Deceased.
Notice to Creditors
(Small Estate)
    To All Persons Interested in the Estate of THELMA JANE WIEDMAIER, Decedent.
    On OCTOBER 29, 2020, a small estate affidavit was filed by the distributees for the decedent under Section 473.097, RSMo, with the Probate Division of the Circuit Court of Clinton County, Missouri.
    All creditors of the decedent, who died on SEPTEMBER 22, 2020, are notified that Section 473.444, RSMo, sets a limitation period that would bar claims one year after the death of the decedent. A creditor may request that this estate be opened for administration.
    Receipt of this notice should not be construed by the recipient to indicate that the recipient may possibly have a beneficial interest in the estate. The nature and extent of any person’s interest, if any, may possibly be determined from the affidavit on this estate filed in the Probate Division of the Circuit Court of Clinton County, Missouri.
    Date of first publication is NOVEMBER 5, 2020.
ANGELIA STONE, CIRCUIT CLERK
By: /s/ Nancy Kelly, Probate Clerk
                                                                                   11/5, 12c

CIRCUIT COURT OF CLINTON COUNTY, MISSOURI
PROBATE DIVISION
Matter of: WILBUR ESTEP, Deceased               Estate No. 20CN-PR00068
NOTICE OF HEARING
    And to all persons known or unknown who claim any interest as an heir or through an heir in the property of WILBUR ESTEP who died on DECEMBER 20, 2007, residing at 5150 N. E. ESTEP ROAD, TURNEY, Clinton County, Missouri 64493: You are hereby notified that an application has been filed in the Probate Division of the Circuit Court of Clinton County, Missouri; by SHELBY COLE, petitioner, for the determination of the heirs of WILBUR ESTEP, and of their respective interests as such heirs in and with respect to the property owned by said deceased at the time of death including the following, to wit:
Real Property: N/A
    Personal Property: 750 SHARES OF STOCK IN ESTEP ACRES, INC., WITH A PROBABLE VALUE OF $10,000.00.
    Petitioner’s Attorney is: W. ISAAC FREESTONE, whose business address is: WITHERS, BRANT, IGOE & MULLENNIX, 2 SOUTH MAIN STREET, LIBERTY, MO 64068.
    You are further notified that a hearing on said application will be held in the Probate Division of the Circuit Court of Clinton County, at the Courthouse, 207 N. MAIN, PLATTSBURG, MO 64477, on the 7TH day of DECEMBER, 2020 at 9:00 A.M. at which time evidence will be presented to the Court and at which time and place you are entitled to be present and to be heard. Should you fail therein, judgment may be entered in the due court upon said petition.
ANGELIA STONE, CIRCUIT CLERK
By: /s/ Nancy Kelly, Probate Clerk
First Date of Publication: 11/05/2020                                                  11/5, 12, 19, 26c

CIRCUIT COURT OF CLINTON COUNTY, MISSOURI
PROBATE DIVISION
Matter of: KEVIN LEONARD BARNES SR., Deceased
                                                      Estate No. 20CN-PR00066
NOTICE OF HEARING
    And to all persons known or unknown who claim any interest as an heir or through an heir in the property of KEVIN LEONARD BARNES SR. who died on APRIL 10, 2019, residing at 103 SOUTH MAIN STREET, PLATTSBURG, Clinton County, Missouri 64477:
    You are hereby notified that an application has been filed in the Probate Division of the Circuit Court of Clinton County, Missouri; by KEVIN LEONARD BARNES JR., petitioner, for the determination of the heirs of KEVIN LEONARD BARNES SR., and of their respective interests as such heirs in and with respect to the property owned by said deceased at the time of death including the following, to wit:
Real Property: An undivided ¼ interest in ½ of the following tract of land: The North one-half of the Southeast one-quarter of the Northwest one-quarter (N ½ SE ¼ NW ¼) of Section twenty-six (26) Township fifty-four north (T54N), Range twenty-eight west of the fifth principal meridian (R28W), Ray County, Missouri.
    Personal Property: N/A
    Petitioner’s Attorney is: JENNIFER J. MCKENNA, whose business address is: 3500 NE RALPH POWELL ROAD, SUITE A, LEES SUMMIT, MO 64064.
    You are further notified that a hearing on said application will be held in the Probate Division of the Circuit Court of Clinton County, at the Courthouse, 207 N. MAIN, PLATTSBURG, MO 64477, on the 23RD day of NOVEMBER, 2020 at 1:30 P.M. at which time evidence will be presented to the Court and at which time and place you are entitled to be present and to be heard. Should you fail therein, judgment may be entered in the due court upon said petition.
ANGELIA STONE, CIRCUIT CLERK
By: Nancy Kelly, Probate Clerk
First Date of Publication: 10/22/2020                                    10/22, 29, 11/5, 12c

Early Notice and Public Review of a Proposed
Activity in a Wetland
To:  All interested Agencies, Groups and Individuals
    This is to give notice that HUD under part 50 has determined that the following proposed action under Section 223(f) of the National Housing Act is located in a wetland, and HUD will be identifying and evaluating practicable alternatives to locating the action in the wetland and the potential impacts on the wetland from the proposed action, as required by Executive Order 11990, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Protection of Wetlands.
    The Subject Property currently consists of a single-story assisted living facility which houses seventy (70) beds in forty-three (43) resident rooms and is situated on approximately 7.18 acres of land. Additional improvements at the Subject Property include asphalt paved surface parking, gravel surface parking, concrete walkways, fenced in areas, storage garages and landscaping features. The Subject Property site structures were reportedly constructed in 1997 and there is no basement present. The Subject Property is known as Nick’s Health Care Center and is located at 253 East Highway 116 in Plattsburg, Clinton County.
    At the time of the property construction, the property utilized an on-site wastewater treatment system, which created two man-made lagoons on the southern portion of the Subject Property. The Subject Property has recently connected to the City of Plattsburg Sewer System via a duplex lift-pump station with two grinder pumps. As part of the construction permit issued by the Missouri Department of Natural Resources, MODNR #MOGSE0049 for the connection to the City of Plattsburg sewer system, the on-site lagoons must be drained. Due to the fact that the lagoons have been present since the date of construction, they have been identified as Freshwater Pond (PUBKx) on the NWI Wetland Mapper. Additionally, Terracon performed a Waters of the US Delineation, dated October 9, 2020, which utilized routine on-site determination methodology referenced in the 1987 US Army Corp of Engineers (USACE) Manuel and 2010 Midwest Regional Supplement to evaluate the on-site lagoons. Wetlands typically have three essential characteristics: hydrophytic vegetation, hydric soils and wetland hydrology, as part of the methodology Terracon observed the vegetation at various intervals from the lagoons; herbs within a five-foot radius, shrubs/saplings within a fifteen-foot radius and trees and vines within a thirty-foot radius; collected soil samples to a depth of 20 inches and looked for wetland indicative hydrology indicators which include but are not limited to surface water, high water table, soil saturation, water marks, sediment deposits, drift deposits and water stained leaves. Upon completion of the review of the three wetland criteria at each area, a wetland determination is made. Under normal circumstances, if one or more wetland criteria are not identified, the area is not considered to be a wetland. Additional observations are made throughout the wetland area to define the wetland/non-wetland boundary, which is mapped with global positioning systems (GPS) technology. Terracon performed a wetland delineation on October 7, 2020, during the site visit Terracon observed two man-made sewer lagoons within the Subject Property boundary. During the site visit Terracon observed areas that are typically indicative of being classified as upland areas. Terracon sampled and assessed all areas that represented different vegetative communities throughout the project site parcels to thoroughly review if these areas may exhibit the three wetland criteria. The sample locations were found to be classified as uplands based on the three wetland criteria not being met. Additionally, it is in the opinion of Terracon that the two sewage lagoons are likely considered non-jurisdictional Waters of the United States (WOTUS) and the decommissioning of the lagoons can occur as planned.
    According to the letter received from the Missouri Department of Natural Resources, dated October 5, 2020 the Kansas City Regional Office received a closure plan on June 18, 2020 for the wastewater lagoons located at the Subject Property which operates under the Missouri State Operating Permit (MSOP) MO-0120843. The closure/dewatering plan is to pump the water from the on-site sewage lagoons to the newly installed lift station valve vault through a 360-foot force main to the City of Plattsburg wastewater treatment facility. Prior to the submittal of the closure/dewatering plan to the MO DNR, the City of Plattsburg had agreed to take the wastewater from the lagoons. The effluent must be pumped during off peak hours, daily amount of flow does not exceed 25,000 gallons and the City can request that the pumping be halted during wet events and normal volume charges for wastewater will apply. The closure plan, except for the dewatering of the lagoons, has not yet received approval from the MO DNR due to clarification being needed to the disposal actions for on-site sludge. The Subject Property is working on obtaining the necessary approval from the MO DNR.
    A total of 1.302 acres of identified wetlands area will be permanently impacted by the converting of the property from a private wastewater treatment facility to the city sewer, with the draining of the on-site sewer lagoons.
    There are three primary purposes for this notice.  First, people who may be affected by activities in wetlands and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas.  Commenters are encouraged to offer alternative sites outside of the wetland, alternative methods to serve the same project purpose, and methods to minimize and mitigate impacts.  Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comment about wetlands can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in wetlands, it must inform those who may be put at greater or continued risk.
    Written comments must be received by HUD at the following address within 16 calendar days from the date of this publication:  U.S. Department of Housing and Urban Development, Office of Healthcare Programs, 477 Michigan Avenue, Detroit, Michigan 48226 and phone number 313.234.7389, Attention: Rasheedah C. Dix, Program Specialist.  A full description of the project will be made available electronically, upon request, or via mailing.  Comments may also be submitted via email at  [email protected]

Date: November 12, 2020                                              11/12c