Legals February 13, 2019
No. 25886 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a change in the zoning designation in a portion of the Highway 93 North Zoning District from SAG-10 (Suburban Agricultural) to I-1H (Light Industrial Highway). The boundaries of the area proposed to be amended from SAG-10 Suburban Agricultural to I-1H Light Industrial Highway is Lot 1 of Warner Hills in Section 01, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana and more specifically described as follows: Lot 1 of Warner Hills, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The regulations defining the SAG-10 to I-1H zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Flathead County Commissioners, 800 South Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website at: http://flathead.mt.gov/planning_zoning/zoning.php. Documents related to the proposed zone change are also on for file for public inspection at the Commissioners' Office and at the Planning and Zoning Office. The public hearing will be held on the 27th day of February, 2019 at 9:00 a.m. in the Commissioners' Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Highway 93 North Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received by the Flathead County Commissioners' Office prior to the hearing. DATED this 2nd day of January, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman February 13, 20, 2019 MNAXLP __________________________
No. 25942 NOTICE OF HEARING ON PROPOSED FY19 BUDGET AMENDMENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Flathead County, Montana intends to amend the budget for the 2018-2019 fiscal year and that said budget amendment affects the following functions: general government, public safety, public works, public health, social and economic services, culture and recreation services, and solid waste. Details are open to public inspection in the Office of the Flathead County Finance Department, 800 South Main, Room 214, Kalispell, Montana and also available on the County website at http://flathead.mt.gov/finance/downloads.php. The Board will meet on the 19th day of February, 2019 at 10:15 a.m. for the purpose of holding a hearing and consideration of the amendment to the original budget. Said meeting is to be held in the Commissioners' Chambers, Third Floor, 800 South Main, Kalispell, Montana. Any taxpayer or resident may appear at the hearing and will be heard for or against any part of the proposed budget amendment. For further information, please contact Amy Dexter, Finance Director, 800 South Main, Room 214, Kalispell, Montana 59901, Telephone (406) 758-5538. Written comments are encouraged and will be reviewed by the Commissioners if received by the Flathead County Commissioners' Office prior to the hearing. DATED this 28th day of January 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman February 6, 13, 2019 MNAXLP __________________________
No. 25950 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 7-33-2125(1)(b), M.C.A., that it will hold a public hearing to consider a petition to annex territory into the Somers Rural Fire District. The property to be annexed into the Somers Rural Fire District can legally be described as: A part of the Northeast 1/4, Section 13, Township 26 North, Range 21 West, P.M.M., Flathead County, State of Montana. More particularly described as follows: Beginning at the EAST 1/16 corner common to Sections 12 and 13 thence S89°31'50"E for 688.89 feet; thence S0°00'00"E for 265.77 feet; to the beginning of a horizontal curve, the radius point of which bears S52°18'53"E, and 310.00 feet, thence along said curve through a central angle of 6°35'07" for 35.63 feet; thence S31°06'00"W for 81.49 feet; thence S58°54'00"E for 60.00 feet; thence S38°06'31"E for 149.75 feet; thence S36°16'35"W for 71.55 feet; thence S0°36'32"W for 1300.69 feet; thence S25°12'34"W for 13.50 feet; thence S43°00'41"W for 118.09 feet; thence N85°59'14"W for 78.11 feet; thence N88°28'59"W for 87.55 feet; thence N79°50'38"W for 84.96 feet; thence N62°49'49"W for 82.97 feet; thence N14°06'49"E for 77.42 feet; thence N75°53'11"W for 130.00 feet; thence S14°06'49"W for 114.04 feet; thence S82°24'46"W for 76.75 feet; thence S63°19'50"W for 99.07 feet; thence S71°58'25"W for 81.27 feet; thence S83°55'52"W for 26.44 feet; thence S84°20'24"W for 84.73 feet; thence N72°28'37"W for 163.76 feet; thence S63°03'22"W for 48.93 feet; thence S56°33'34"W for 46.49 feet; thence N1°58'16"E for 691.99 feet; thence N89°48'10"W for 469.82 feet; thence N89°46'24"W for 289.83 feet; thence N64°20'00"E for 203.15 feet to the beginning of a horizontal curve, the radius point of which bears S25°40'00"E and 330.00 feet; thence along said curve through a central angle of 25°53'08" for 149.09 feet to the beginning of a horizontal curve, the radius point of which bears N0°13'08"E and 630.00 feet; thence along said curve through a central angle of 14°34'30" for 160.26 feet; thence N75°38'41"E for 17.28 feet; thence N75°38'41"E for 55.07 feet to the beginning of a horizontal curve, the radius point of which bears S14°21'19"E and 189.72 feet; thence along said curve through a central angle of 24°24'28" for 80.82 feet; thence S79°56'54"E for 104.38 feet to the beginning of a horizontal curve, the radius point of which bears N10°03'06"E and 183.00 feet; thence along said curve through a central angle of 28°57'51" for 92.51 feet; thence N64°28'25"E for 42.16 feet to the beginning of a horizontal curve, the radius point of which bears S25°31'35"E and 149.95 feet; thence along said curve through a central angle of 30°55'38" for 80.94 feet; thence N88°47'08"E for 213.18 feet; thence N0°10'02"W for 1127.79 feet to the Point of Beginning of the tract being described, containing 41.37 ACRES, more or less. In addition to Lots 3 and 4 of Crystal View Estates. The Board of Commissioners has received a petition in writing by the owners of 89% of the land of the area to be annexed asking that such area be annexed into the Somers Rural Fire District, thereby altering the boundaries of the Flathead County Fire Service Area by transferring the property as described above into the Somers Rural Fire District. The public hearing will be held on the 19th day of February, 2019 at 11:00 AM in the Commissioners' Chambers, Third Floor, Courthouse, 800 South Main Street, Kalispell, MT. At the public hearing, the Board of County Commissioners will give the public an opportunity to be heard regarding the proposed annexation. Dated this 4th day of February, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman February 6, 13, 2019 MNAXLP __________________________
No. 25892 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 Thursday, March 7, 2019 at 9:00 AM at the DNRC Northwestern Land Office at 655 Timberwolf Parkway, Suite 1, in Kalispell, Montana under terms and conditions provided herein. Sale No. 925 Acres: 1.470± Legal Description: Lot 27, McGregor Lake, COS 19909, Sec. 16, T26N-R25W Minimum Bid for Land: $235,000 Value of Improvements on Property: $165,000 Location: 680 McGregor Lane, Marion, MT 59925 Sale No. 926 Acres: 1.519± Legal Description: Lot 17, McGregor Lake, COS 19909, Sec. 16, T26N-R25W Minimum Bid for Land, including State-Owned Improvements: $334,000 Location: 570 McGregor Lane, Marion, MT 59925 Sale No. 927 Acres: 1.135± Legal Description: Lot 22, McGregor Lake, COS 19909, Sec. 16, T26N-R25W Minimum Bid for Land: $260,000 Location: 630 McGregor Lane, Marion, MT 59925 Sale No. 928 Acres: 1.277± Legal Description: Lot 23, McGregor Lake, COS 19909, Sec. 16, T26N-R25W Minimum Bid for Land, including State-Owned Improvements: $283,000 Location: 640 McGregor Lane, Marion, MT 59925 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 Friday, February 15, 2019. 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: Renee Kelley, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. TERMS OF SALE for SALE No. 925, 926, 927, 928: 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: Renee Kelley, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. January 23, 30, February 6, 13, 2019 MNAXLP __________________________
No. 25958 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. 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: MARCH 29, 2019. 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, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number: 76LJ 30120047 Owners: DAYTON R SEABAUGH ELIZABETH A SEABAUGH 395 LOWER VALLEY RD KALISPELL, MT 59901 Priority Date: OCTOBER 11, 2018 at 10:00 A.M. Purpose (use): IRRIGATION Maximum Flow Rate: 320.00 GPM POINT OF DIVERSION IS SHARED WITH STATEMENT OF CLAIM 76LJ 7497 AND PERMIT 76LJ 2512-01; ONLY 137.2 GPM OF 320 GPM WILL BE APPLIED TO THE 4 ACRES Maximum Volume: 8.43 AC-FT Maximum Acres: 4.00 Source Name: WILEYS SLOUGH Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID 1; Qtr Sec NWSENW; Sec 12; Twp 27N; Rge 21W; County FLATHEAD Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: PUMP Survey Tract: 4 Purpose (Use): IRRIGATION Volume: 8.43 AC-FT Period of Use: APRIL 15 to OCTOBER 15 Place of Use: County FLATHEAD ID 1; Acres 4.00; Qtr Sec E2SWSW; Sec 12; Twp 27N; Rge 21W PLACE OF USE IS TRACT 4A Remarks: ASSOCIATED RIGHT THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE ASSOCIATED WHICH MEANS THE RIGHTS SHARE THE SAME POINT OF DIVERSION. 76LJ 7497, 76LJ 2512-01, AND 76LJ 30120047 February 13, 2019 MNAXLP __________________________
No. 25977 Public Notice for Operating Assistance This is to notify all interested parties that the Flathead County Area IX Agency on Aging/Eagle Transit is applying for $721,400 under the Montana Department of Transportation's 5311 Rural Transit Operating Grant Program, and $142,596 from the Montana TransADE Program. Funding will be used for operating expenses associated with providing transportation services to the general public, elderly and persons with disabilities within Flathead County. The application is on file at 1333 Willow Glen Drive, Kalispell, MT 59901. If requested, a public hearing will be held and public notice indicating the location, date and time of the hearing will be provided. For more information or for those who require accommodation for disabilities, call Tom Schneider, Transportation Manager, at 406-758-2427, MDT in Helena at 406-444-6200 (voice) or TTY 800-335-7592, or call the Montana Relay at 711. February 13, 2019 MNAXLP __________________________
No. 25978 Public Notice for Capital Assistance This is to notify all interested parties that the Flathead County Area IX Agency on Aging/Eagle Transit is applying for up to $152,000 through the Capital Assistance Grant. The Capital Assistance Grant is funded by the Federal Transit Administration (FTA) and administered by the Montana Department of Transportation. FTA funds will be used to purchase one 44-69 passenger bus for the purpose of providing transportation services to the general public, elderly and persons with disabilities within Flathead County. The application is on file at 1333 Willow Glen Drive, Kalispell, MT 59901. If requested, a public hearing will be held and public notice indicating the location, date and time of the hearing will be provided. For more information or for those who require accommodation for disabilities, call Tom Schneider, Transportation Manager, at 406-758-2427, MDT in Helena at 406-444-6200 (voice) or TTY 800-335-7592, or call the Montana Relay at 711. February 13, 2019 MNAXLP __________________________
No. 25976 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY Wrenchworks, LLC, d/b/a Northwest Automotive, Plaintiff, vs. NATE LEWIS and HAYLEY LEWIS, Defendants. CAUSE NO. DV-18-778(D) NOTICE OF SHERIFF'S SALE TO BE SOLD, at Sheriff's Sale on the 20th day of February, 2019 at 10:00 AM, at 20 2nd Avenue East, Kalispell, in the County of Flathead (on the premises of Northwest Automotive), pursuant to the Order and Lien Enforcement Judgment and subsequent Writ of Execution entered in this proceeding, that certain personal property more particularly described as follows: 2004 Ford F-150 1/2 ton Pickup, VIN #1FTPW14524KC76344 WRENCHWORKS, LLC d/b/a NORTHWEST AUTOMOTIVE has been approved to credit bid on the above item. Any other bids must be paid in United States currency or by a cashier's check. Dated this 8th day of February, 2019 Brian Heino Sheriff of Flathead County, Montana By: Jeff Weyh Jeff Weyh, Civil Clerk February 13, 2019 MNAXLP _____________________
No. 25955 INVITATION TO BID Bids for the Muldown Elementary School Phase III will be received at the Whitefish School District, Main Conference Room, 600 East 2nd Street, Whitefish, MT until 2:00 p.m. local time, Thursday, February 28, 2019. Scopes of work to be bid are as follows: Stone Veneer Masonry, Rough Carpentry, Cabinetry & Casework, Thermal Insulation, Membrane and Metal Roofing, Siding, Doors-Frames-Hardware, Aluminum Storefront Systems, Countertop Grills, Metal Stud Framing, Gypsum Board Assemblies, Flooring & Tile, Painting and Coatings, Acoustical Ceilings & Wall Panels, Sunshades, Operable Partitions, Signage, Food Service Equipment, Appliances, Gymnasium Equipment, Gymnasium Flooring, Window Coverings, Fire Suppression Systems, Plumbing, HVAC, Electrical, Asphalt Paving, Site Concrete, Landscaping & Irrigation, Site Furnishings, & Fencing and Gates. All bids must include appropriate taxes (Gross Receipts Tax), permits specific to their scope and wage rates. The current wage rates for the project are included in the construction specifications. This project consists of the construction of a 90,000 SF new elementary school located in Whitefish, MT. Although not required, bidders are strongly encouraged to attend a pre-bid conference and site walk-through on Thursday, February 21st, 2019. The meeting will be located on site at Martel Construction's job trailer at 1:30 p.m. local time. ALL BIDS ARE TO BE COMPLETE PER THE BID PACKAGE DESCRIPTION PROVIDED. All subcontractors intending to bid the project will be post-qualified by Martel Construction. To request electronic bid documents, please contact Ryan Dunn at rdunn@martelconstruction.com. Forward all bidding questions to: Ryan Dunn:rdunn@martelconstruction.com Tim Peterson: timothyp@lpwarchitecture.com The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period not to exceed forty-five (45) days, and to the accept the bid which is in the best interests of the Owner. February 13, 20, 2019 MNAXLP __________________________