Saturday, May 18, 2024
31.0°F

Legals December 4, 2019

| December 4, 2019 5:10 AM

No. 26639 NOTICE OF SALE FOR STATE SCHOOL TRUST LAND The Dept. of Natural Resources and Conservation (DNRC) will offer the following parcels of state land located in Flathead County for sale at public auction on Friday, January 17, 2020 at 10:00 AM at DNRC's Northwestern Land Office at 655 Timberwolf Parkway, Suite 1 in Kalispell, Montana under terms and conditions provided herein. Sale No. 949 Acres: 1.376± Legal Description: Lot 3, Rogers Lake, Sec. 30, T27N-R23W Minimum Bid for Land: $342,000 Value of Improvements on Property: $0 Location: Lot 3, Rogers Lake, Rogers Lane, Kila, MT 59920 Sale No. 950 Acres: 1.654± Legal Description: Lot 5, Rogers Lake, Sec. 30, T27N-R23W Minimum Bid for Land & Improvements: $371,000 Location: 1413 Rogers Lane, Kila, MT 59920 Sale No. 801 Acres: 1.866± Legal Description: Lot 31, Echo Lake, Sec. 5, T27N-R19W Minimum Bid for Land & Improvements: $500,000 Location: 1712 LaBrandt Road, Bigfork, MT 59911 Sale No. 981 Acres: 0.327 ± Legal Description: Lot 3, Echo Lake, Sec. 5, T27N-R19W Minimum Bid for Land & Improvements: $405,000 Location: 1874 Echo Cabin Loop, Bigfork, MT 59911 Sale No. 982 Acres: 1.124± Legal Description: Lot 17, Echo Lake, Sec. 5, T27N-R19W Minimum Bid for Land: $331,000 Value of Improvements on Property: $0 Location: Lot 17, Echo Lake, Echo Cabin Loop, Bigfork, MT 59911 BID PARTICIPATION A bid packet containing an Offer to Purchase and Bid Deposit Receipt Form and Invitation to Purchase State Land at Public Oral Auction and General Terms & Conditions for Sale is available on DNRC's website, http://dnrc.mt.gov/cabinsitesales or from DNRC upon request. For Open House dates, go to http://dnrc.mt.gov/cabinsitesales. All persons wishing to participate in the auction must submit a bid deposit postmarked by 5:00 PM on Saturday, December 28, 2020. The bid deposit must be in the form of a certified check made payable to DNRC equal to five percent (5%) of the minimum bid indicated for that parcel and submitted with a completed Offer to Purchase and Bid Deposit Receipt Form. Failure to submit the bid deposit or Offer to Purchase and Bid Deposit Receipt Form as provided herein will prohibit participation in the auction. All Offer to Purchase and Bid Deposit Receipt Forms and payments must be sent to: DNRC, Attn: Cabin/Home Site Sales, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. TERMS OF SALE for SALE No. 801, 949, 950, 981, 982: 1. The improvements and any other personal property on the cabin/home sites are owned by the lessee or other 3rd party. The successful bidder shall be required to pay the appraised value of the improvements in addition to the purchase price of the cabin/home site determined by the highest bid at the auction in accordance with MCA §77-2-318. 2. The minimum acceptable bids for the land are the values indicated above. 3. The parcel will be sold to the high bidder of that parcel. However, the current lessee of the parcel shall retain the option to exercise their preference right for purchase by matching the high bid for that parcel. If that right is exercised, the lessee will be deemed the purchaser of the parcel. If the preference right is not exercised, the high bidder shall be deemed to be the purchaser. The high bidder will be responsible to pay the lessee for the value of improvements located on the property. 4. In addition to the purchase price for each parcel and the purchase of the improvement, the purchaser shall also be responsible for the following costs (if applicable to that particular sale) including, but not limited to: Advertising, Appraisal, Filing Fees, Water Right Transfers, Cost of Closing. All inquiries, bid deposits, or requests for forms must be sent to: DNRC, Attn: Cabin/Home Site Sales, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. November 20, 27, December 4, 11, 18, 23, 2019 MNAXLP __________________________

No. 26654 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to change a water right in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION TO CHANGE A WATER RIGHT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: FEBRUARY 1, 2020. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387 FAX: 406-752-2843 PHONE: 406-752-2288. Application Number: 76LJ 30131285 Applicant: WINTER SPORTS INC WATER RIGHT NUMBER(S) BEING CHANGED Water Right Type(s): PROVISIONAL PERMIT; STATEMENT OF CLAIM Water Right Number/Priority Date: 76LJ 70511-00/ DECEMBER 27, 1988 Historical Flow Rate: 40. GPM Historical Consumptive Volume: 7.70 AC-FT Historical Diverted Volume: 24.50 AC-FT 76LJ 143901-00/ MARCH 12, 1963 Historical Flow Rate: 76. GPM Historical Consumptive Volume: 5.80 AC-FT Historical Diverted Volume: 23.30 AC-FT 76LJ 143903-00/ DECEMBER 14, 1947 Historical Flow Rate: 1.14 CFS Historical Consumptive Volume: 11.30 AC-FT Historical Diverted Volume: 45.00 AC-FT PAST USE OF WATER: PROVISIONAL PERMIT 76LJ 70511-00 HAS HISTORICALLY BEEN USED FOR COMMERCIAL USE (SNOWMAKING) IN THE NW SECTION 1 AND N2N2 SECTION 2, TOWNSHIP 31N, RANGE 22 W, FLATHEAD COUNTY. THE SOURCE OF WATER IS AN UNNAMED TRIBUTARY OF HASKILL CREEK (REFERRED TO AS HASKILL #1). THE FLOW RATE USED WAS 40 GPM UP TO 24.5 AF DIVERTED VOLUME. STATEMENT OF CLAIM 76LJ 143901-00 HAS HISTORICALLY BEEN USED FOR COMMERCIAL USE (SNOWMAKING) IN SECTIONS 1 AND 2 OF TOWNSHIP 31N, RANGE 22W, FLATHEAD COUNTY, AND SECTION 36 OF TOWNSHIP 32N, RANGE 22W, FLATHEAD COUNTY. THE SOURCE OF WATER IS AN UNNAMED TRIBUTARY OF HASKILL CREEK (REFERRED TO AS HASKILL #1). THE FLOW RATE USED WAS 76 GPM UP TO 23.3 AF DIVERTED VOLUME. STATEMENT OF CLAIM 76LJ 143903-00 HAS HISTORICALLY BEEN USED FOR COMMERCIAL USE (SNOWMAKING) IN SECTIONS 1 AND 2 OF TOWNSHIP 31N, RANGE 22W, FLATHEAD COUNTY, AND SECTION 36 OF TOWNSHIP 32N, RANGE 22W, FLATHEAD COUNTY. THE SOURCE OF WATER IS AN UNNAMED TRIBUTARY OF HASKILL CREEK (REFERRED TO AS HASKILL #1). THE FLOW RATE USED WAS 1.14 CFS (513 GPM) UP TO 45 AF DIVERTED VOLUME. PROPOSED CHANGE: FLOW RATE: 1.35 CFS VOLUME: 89.60 AC-FT THREE SURFACE WATER RIGHTS OWNED BY WINTER SPORTS INC. (WHITEFISH MOUNTAIN RESORT) ARE INCLUDED IN THIS CHANGE APPLICATION (76LJ 143901-00, 76LJ 143903-00 AND 76LJ 70511-00). THE APPLICANT IS PROPOSING TO CHANGE THE POINT OF DIVERSION (POD), PLACE OF USE (POU), PURPOSE OF USE, AND PLACES OF STORAGE. THE PURPOSE OF THE CHANGE PROPOSAL IS: CHANGE THE PLACE OF USE TO REFLECT THE EXISTING AND PROPOSED PLACES OF USE FOR COMMERCIAL (SNOWMAKING) USE AND THE PLACE OF USE FOR A FISHERY PURPOSE. CHANGE (CORRECT) THE POINT OF DIVERSION ASSOCIATED WITH EACH WATER RIGHT TO THE LOCATION OF THE EXISTING DIVERSION STRUCTURE ON HASKILL #1. CHANGE (CORRECT) AND ADD PLACES OF STORAGE TO ALL WATER RIGHTS PROPOSED FOR CHANGE. ADD A FISHERY PURPOSE FOR POND #1 TO ALL WATER RIGHTS PROPOSED FOR CHANGE. December 4, 2019 MNAXLP _________________________

No. 26642 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY THE BANK OF NEW YORK MELLON as Trustee for the benefit of the Certificateholders of the CWABS, Inc., Asset-Based Certificates Series 2004-1, Plaintiff, -vs- RUSSELL S. SWINDALL; JEAN M. K. SWINDALL; JOHN D. PETERSON; JEFFREY D. DWAYNE MORTENSON; STOCK BUILDING SUPPLY WEST, INC.; DISCOVER BANK; JUSTIN C. OLIVER; FIRST SECURITY BANK OF MISSOULA; COLLECTION BUREAU SERVICES, INC.; MIDALND FUNDING, LLC; and NICHOLAS A. SULLY, Defendants. Cause No. DV-18-132A NOTICE OF SHERIFF'S SALE TO BE SOLD, at a Sheriff's Sale on the 11th day of December, 2019, at 10:00 AM, at the location of the Flathead County Justice Center, 920 South Main Street in Kalispell, MT, real property located in Flathead County, Montana, and described as: A tract of land situated, lying and being in Government Lot 6 and 7, Section 6, Township 28 North, Range 19 West, P.M.M., Flathead County, Montana, more particularly described as follow to wit: Commencing at the Southwest corner of Section 6, Township 28 North, Range 19 West, P.M.M., Flathead County, Montana, which is a found brass cap; thence along the West boundary of said Section 6 North 00°21'00" West 822.27 feet to a set iron pin and the True Point of Beginning of the tract of land herein described; thence continuing North 00°21'00" West 463.66 feet to a found iron pin and the Southeast corner of the Northeast quarter of the Southeast Quarter of Section1, Township 28 North, Range 20 West, P.M.M., Flathead County, Montana, which is a found iron pin; thence continuing North 00°09'58" West 185.65 feet to a found iron pin; thence South 55°27'55" East 34.60 feet to a found iron pin; thence North 50°10'41" East 112.85 feet to a found iron pin; thence North 54°36'47" East 127.58 feet to a found iron pin; thence North 89°56'14" East 365.47 feet to a found iron pin; thence South 00°03'28" East 775.66 feet to a set iron pin; thence South 89°57'14" West 582.07 feet to the Point of Beginning. Mortgage purpose only. Commonly known as 310 Bench Drive, Kalispell, MT 59901 Pursuant to the Judgment, Decree of Foreclosure, and Order of Sale entered in this proceeding, together with the corresponding Writ of Execution issued with respect to the above-referenced cause number. The Encumbered Real Property sold at the Sheriff's Sale is to be sold in one single sale for one bid price. The Encumbered Real Property is sold with all appurtenances, hereditaments, tenements, including all water rights, gas, oil other hydrocarbons, and geothermal rights thereunto belonging or used in connection therewith. Dated this15th day of November, 2019. BRIAN HEINO, FLATHEAD COUNTY SHERIFF By: Jeffrey Weyh Civil Division November 20, 27, December 4, 2019 MNAXLP __________________________

No. 26655 FLATHEAD MUNICIPAL AIRPORT AUTHORITY REQUEST FOR PROPOSAL Glacier Park International Airport Terminal Expansion and Renovation BOND AND TAX COUNSEL The Flathead Municipal Airport Authority (FMAA) is soliciting proposals from qualified law firms with significant experience in municipal finance or public securities and tax law to serve as legal counsel to the Authority related to the issuance of bonds and other debt instruments. FMAA intends to select a firm to serve as bond counsel on matters related to the sale of revenue bonds or other debt obligations required to complete the funding of the Terminal Program (~$100 million). It should be noted that, because the Authority currently has no debt outstanding, it has complete flexibility with regard to the legal structure to be employed for its future financings. The firm selected through this request for proposals process will be expected to provide the services normally provided by bond counsel in connection with the sale of bonds as well as other forms of financing. RFP materials are available via requests to rfp@glacierairport.com. Submittal deadline is 12:00 p.m. MST on December 16th, 2019. The FMAA reserves the right to reject any or all submissions and to waive any and all irregularities or informalities as defined by FMAA. November 27, December 4, 2019 MNAXLP __________________________

No. 26664 FLATHEAD MUNICIPAL AIRPORT AUTHORITY PUBLIC MEETING NOTICE The regular meeting of the Flathead Municipal Airport Authority Board will be held at 4:00 PM on Tuesday, December 10, 2019, preceded by an Audit Presentation at 1:00 PM and Terminal Design Update at 2:00 PM at Glacier Park International Airport, 4170 Highway 2 E., Kalispell, MT. December 4, 2019 MNAXLP __________________________