Legals September 15, 2019
No. 26504 SECTION 00100 INVITATION TO BID Notice is hereby given that sealed bids will be received at the City of Thompson Falls City Office at P.O. Box 99, 108 Fulton Street, Thompson Falls, Montana 59873 until 2:00 p.m. local time on Tuesday, October 8, 2019, for construction of the Ainsworth Community Park Project. Bids will be opened and publicly read aloud at the City Office immediately after bid closing. The site of the work is located at the vacant lot at the intersection of Maiden Lane and Lincoln Street in the City of Thompson Falls, MT. The work includes construction of a public park located on 3.34 acres of City-owned land with improvements consisting of a pavilion, restroom, amphitheater seating, stage and structure, park perimeter trail, parking area, power and lighting, landscaping, irrigation system modifications, site amenities, and associated work. The project is funded, in part, by the Community Development Block Grant Program (CDBG) and is subject to all applicable federal/state regulations, as indicated within the contract documents. All work must be substantially completed within 120 calendar days after the commencement date stated in the notice to proceed. A winter shutdown will be allowed if necessary. Contract Documents for use in preparing Bids may be reviewed or purchased from the Engineer upon receipt of a non-refundable deposit of $85.00, payable to the Engineer, for each set of documents. The Engineer for this project is WGM Group, Inc., 431 1st Avenue West, Kalispell, MT 59901. In addition, contract documents may also be examined at the following locations: Northwest Montana Plans Exchange - 2303 Highway 2 East, Kalispell, MT 59901 Missoula Plans Exchange - 201 N. Russell, Missoula, MT 59801 City of Thompson Falls City Office - 108 Fulton Street and website as follows: https://cityofthompsonfalls.com/ Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Thompson Falls, in an amount not less than ten percent (10%) of the total amount of the bid. Successful Bidders shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance, as required, shall be provided by the successful Bidder(s) and a certificate(s) of that insurance shall be provided. Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, PO Box 8011, 1805 Prospect, Helena MT 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. All laborers and mechanics employed by contractor or subcontractors in performance of the construction work shall be paid wages at rates as included within the contract documents. The contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. The bidder shall guarantee the total bid price for a period of 60 calendar days from the date of bid opening. Prospective bidders are encouraged to attend a pre-bid conference on at 2:00 p.m. on Monday, September 30, 2019, which will be conducted by the Engineer via a conference call to the following number: 1-406-813-5058 (Conference ID: 43894). All questions relative to this project prior to the opening of bids shall be directed to the Engineer. It shall be understood, however, that no specification interpretation will be made by telephone, nor will any "or equal" products be considered for approval prior to award of contract. The Engineer for this project is WGM Group, Inc. with questions addressed to Stephanie Reynolds, P.E. The City of Thompson Falls reserves the right to reject any or all bids, to waive any informality in a bid, or to accept the lowest responsive and responsible bid and bidder, and to make awards in the interest of the Owner. Award of the project will be contingent upon securing appropriate financing and concurrence by CDBG. The City of Thompson Falls is an Equal Opportunity Employer. The City of Thompson Falls has received notice of the award of Community Development Block Grant funds from the Montana Department of Commerce. The City of Thompson Falls will soon commence implementation of the Ainsworth Community Park project. CDBG regulations governing the grant require that to the greatest extent feasible, opportunities for training and employment arising in connection with this CDBG-assisted project will be extended to local lower-income residents. Further, to the greatest extent feasible, business concerns located in or substantially owned by residents of the project area will be utilized. For more information, please contact the City of Thompson Falls at 108 Fulton Street, Thompson Falls, Montana or call (406) 827-3557. September 15, 2019 MNAXLP __________________________
No. 26491 CRESTON RURAL FIRE DISTRICT BOARD VACANCY Letters of interest are being accepted for an open seat on the Creston Rural Fire District's Board of Trustees. The unexpired term will begin upon appointment and run through the next District election in May of 2020. Please note that you must be an elector (an individual qualified to vote under state law) who resides in the Creston Rural Fire District or any holder of title to lands within the District who presents a proof of payment of taxes on the lands within the District in order to be considered for the position. Letters of interest are being accepted by the Clerk to the Board of Commissioners until 5:00pm on Wednesday, October 9, 2019 at the following address: Flathead County Commissioners' Office, 800 South Main, Room 302, Kalispell, MT 59901. Letters can also be emailed to malbertson@flathead.mt.gov. For more information, please call 758-5537. September 8, 15, 2019 MNAXLP __________________________
No. 26500 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION RURAL WHITEFISH ZONING DISTRICT The Board of Commissioners of Flathead County, Montana hereby gives notice, pursuant to Section 76-2-205(5), M.C.A., that it passed a Resolution of Intention (Resolution No. 2417N) on September 10, 2019 to change the zoning designation in a portion of the Rural Whitefish Zoning District from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential). The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential) are described as: Tract 1 of Certificate of Survey No. 15010 located in Government Lot 4 (NW4NW4) of Section 2, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. Tract 1 of Certificate of Survey No. 15802 located in the South Half of the Northwest Quarter of Section 2, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and R-2.5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Board of Commissioners, Courthouse, 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/downloads.php. Documents related to the proposed zone change are also on file for public inspection at the Office of the Board of Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Rural Whitefish Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 10th day of September, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman September 15, 22, 2019 MNAXLP ______________________
No. 26506 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION HIGHWAY 93 NORTH ZONING DISTRICT The Board of Commissioners of Flathead County, Montana hereby gives notice, pursuant to Section 76-2-205(5), M.C.A., that it passed a Resolution of Intention (Resolution No. 837DU) on September 12, 2019 to change the zoning designation in a portion of the Highway 93 North Zoning District from SAG-5 (Suburban Agricultural) and AG-40 (Agricultural) to R-2.5 (Rural Residential). The boundaries of the area proposed to be amended from SAG-5 (Suburban Agricultural) and AG-40 (Agricultural) to R-2.5 (Rural Residential) are described as: Parcel B of Certificate of Survey No. 18866, located in those portions of the Southeast Quarter of the Southeast Quarter of Section 11, and in the Northeast Quarter of the Northeast Quarter of Section 14, all in Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-5, AG-40 and R-2.5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and online at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on file for public inspection at the Office of the Board of Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Highway 93 North Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 12th day of September, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman September 15, 22, 2019 MNAXLP __________________________
No. 26508 NOTICE OF PUBLIC HEARING: PETITION NO. 506 - PROPOSED ABANDONMENT OF PUBLIC ALLEY RIGHT-OF-WAY OFF OF SHADY GLEN DRIVE Notice is hereby given that the Board of Viewers has reported to the Flathead County Board of Commissioners on the proposed abandonment of a certain public alley right-of-way that can legally be described as follows: A tract of land in the southeast one-quarter of Section 8, Township 28 North, Range 21 West, principal meridian, Flathead County, Montana, more particularly described as follows: Beginning at the southeast corner of Lot 9 of Block 1 of Phillips Addition to Kalispell, Montana, according to the plat thereof on file and of record in the office of the Clerk and Recorder, County of Flathead, State of Montana; thence N0°59'28"E for 52.98 feet; thence S89°03'00"E for 12.00 feet; thence S0°59'28"W for 52.98 feet; thence N89°03'00"W for 12.00 feet; to the Point of Beginning, containing 0.01 acres, more or less. Notice is hereby given to the petitioners or landowners, as disclosed by the last assessment roll of Flathead County, owning land abutting the right-of-way at the public alley, as described above, that it is being considered for abandonment. The public hearing on this petition for the proposed abandonment is set for 10:15 o'clock AM on September 30, 2019 in the Commissioners' Chambers, Third Floor, County Courthouse, 800 South Main, Kalispell, Montana. For further information, please call 758-5537. DATED this 12th day of September, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairperson September 15, 22, 2019 MNAXLP _____________________
No. 26486 NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY NOTICE IS HEREBY GIVEN by GRANT S. SNELL, as successor Trustee, of the public sale of the real property hereinafter described pursuant to the "Small Tract Financing Act of Montana" (Section 71-1-301, et seq., MCA). The following information is provided: THE NAME OF THE GRANTORS, ORIGINAL TRUSTEE, THE BENEFICIARY IN THE DEED OF TRUST, ANY SUCCESSOR IN INTEREST TO THE BENEFICIARY OR GRANTORS, ANY SUCCESSOR TRUSTEE, AND THE PRESENT RECORD OWNER IS/ARE: Grantors: Jon A. Dews and Patricia H. Dews ("Grantor") Trustee: Grant S. Snell (the "Trustee") Beneficiary: Richard G. Dews (the "Beneficiary") Present Record Owner: Patricia H. Dews THE DESCRIPTION OF THE PROPERTY COVERED BY THE DEED OF TRUST IS: The real property and its appurtenances in Flathead County, Montana, more particularly described as follows: Lot 6 of Block 1 of Monte Vista, according to the map or plat thereof on file and of record in the office of the clerk and recorder of Flathead County, Montana. Excepting therefrom that portion conveyed to the Montana Department of Transportation in Bargain and Sale Deed recorded May 30, 2002 as Doc. No. 2002-150-09000. RECORDING DATA: The following instruments and documents have been recorded in the Clerk and Recorder's Office in Flathead County, Montana. Deed of Trust dated August 1, 2018, and recorded August 2, 2018, under Instrument No. 2018-000-17057, records of Flathead County, Montana THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: The loan has matured and the borrower is due in full for all principal, interest and fees. THE SUMS OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST AS OF JULY 18, 2019, ARE: Principal: $207,000.00 Interest: Interest continues to accrue at a rate of 2.760% per annum. As of July 18, 2019, the interest balance is $86,453.18 and interest accrues at the rate of $15.65 per day. Late fees: $0.00 The Beneficiary anticipates and intends to disburse such amounts as may be required to preserve and protect the real property, and for real property taxes that may become due or delinquent, unless such amounts or taxes are paid by the Grantors or successor in interest to the Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation secured by the Trust Indenture. Other expenses to be charged against the proceeds of the sale include the Trustee's and attorney's fees, and costs and expenses of sale. THE TRUSTEE, AT THE DIRECTION OF THE BENEFICIARY, HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date: December 12, 2019 Time: 11:00 a.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect. Place: At the offices of Crowley Fleck PLLP, 1667 Whitefish Stage #101, Kalispell, MT 59901. Terms: This sale is a public sale and any person, including the Beneficiary, and excepting only the Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be made by Trustee's Deed. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. Dated this 31st day of July, 2019. /s/ Grant S. Snell GRANT S. SNELL Trustee STATE OF MONTANA :ss. County of Flathead This instrument was acknowledged before me on the 31st day of July, 2019, by Grant S. Snell, as Trustee. /s/ Kelly A. Baisch Printed name:Kelly A. Baisch Notary Public for the State of Montana Residing at: Kalispell, Montana My commission expires: July 17, 2022 File No.: 025419-000001 September 8, 15, 22, 2019 MNAXLP __________________________
No. 26498 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, October 1, 2019 beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. A request from Land Solutions, LLC, on behalf of East Glacier Holdings, LLC, for a conditional use permit for an Airfield to allow for commercial use of an existing helicopter landing pad that was permitted by FCU-18-04 on May 1, 2018. The property is located at 5560 Highway 93 South, near Whitefish, MT within the Blanchard Lake Zoning District, and is zoned SAG-5/HO (Suburban Agricultural/Highway Overlay). The property contains approximately 19.2 acres and can legally be described as Tract 5 of COS 20869 in the NW1/4SE1/4 of Section 13, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, October 1, 2019. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information. Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting Elaine Nelson at the Flathead County Commissioner's Office at 758-5503 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. /s/ Mark Mussman Mark Mussman, CFM® Planning Director September 15, 2019 MNAXLP __________________________
No. 26485 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on December 30, 2019, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell, MT 59901, the following described real property situated in Flathead County, State of Montana: Lot 77 of Buffalo Stage Phase III, according to the official plat thereof, filed in Official Records of Flathead County, Montana.. More commonly known as 14 Bruyer Way, Kalispell, MT 59901. Meegan R. Berreth, as Grantors, conveyed said real property to Alliance Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for American Homestead Mortgage, its successors and assigns , by Deed of Trust on February 6, 2008, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on February 11, 2008 as Instrument No. 200800003719, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Selene Finance LP Assignment Dated: March 22, 2019 Assignment Recorded: April 1, 2019 Assignment Recording Information: as Instrument No. 201900006003 All in the records of the County Clerk and Recorder for Flathead County, Montana Brian J. Porter is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on August 9, 2019 as Instrument No. 201900018246, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Grantor's failure to make monthly payments beginning June 1, 2018, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $305,174.57, interest in the sum of $17,133.60, escrow advances of $8,075.44, other amounts due and payable in the amount of $3,052.71 for a total amount owing of $333,436.32, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale, and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. The Grantor, successor in interest to the Grantor, or any other person having an interest in the property, has the right, at any time prior to the Trustee's Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee's and attorney's fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason. In the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to 120 days by public proclamation at least every 30 days. 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 Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 21st day of August, 2019. Brian J. Porter, Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. 54183 September 8, 15, 22, 2019 MNAXLP __________________________
No. 26473 Lori B. Miller Lori B. Miller, P.C. P.O. Box 4955 Whitefish, MT 59937 Telephone (406) 730-2752 Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY In the Matter of the Estate of THOMAS P. BURTON Deceased. Case No. DP-19-201D NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Paul H. Burton has been appointed as Personal Representative of the above-named estate. All persons having claims against the decedent are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Lori B. Miller, P.C., attorney for the Personal Representative, return receipt requested, at P.O. Box 4955, Whitefish, Montana, 59937, or filed with the Clerk of the above Court. Dated this 23rd day of August 2019. LORI B. MILLER, P.C. By: Lori B. Miller Lori B. Miller, Attorney at Law September 1, 8, 15, 2019 MNAXLP _________________________
No. 26487 Jason J. Henderson MACKOFF KELLOGG LAW FIRM 38 2nd Ave E Dickinson, ND 58601 Phone: 701-227-1841 Fax: 701-225-6878 Attorney for the Plaintiff jhenderson@mackoff.com MT Bar #11414 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY Federal National Mortgage Association, Plaintiff vs. Dennis M. Pewitt; Dorothy E. Pewitt; Constance S. Davis, and all persons known or unknown claiming an interest to the property, Defendants. Cause No. DV-15-2018-0000151 SUMMONS FOR PUBLICATION THE STATE OF MONTANA TO THE ABOVE NAMED DEFENDANTS, DENNIS M. PEWITT AND DOROTHY E. PEWITT: You are hereby summoned to answer the Complaint in this action, which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon you, and to file your Answer and serve a copy thereof upon the Plaintiff's attorney within twenty-one (21) days after the service of this Summons, exclusive of the day of service; and in case of your failure to appear or Answer, Judgment will be taken against you by default for the relief demanded in the Complaint. This action relates to a declaratory judgment and easement action involving the following described real properties in the County of Flathead, State of Montana: 1) That portion of the NW 1/4 of the NE 1/4 in Section 27, Township 27 North, Range 22 West, P.M.M., Flathead County, Montana described as follows: Commencing at the North Quarter corner of Section 27 at a found brass cap; thence South 40°25`32" East a distance of 484.29 feet to a set 5/8" rebar on the centerline of an existing 60` road and utility easement and the True Point of Beginning; thence along said easement the following three courses: Thence at a point of curvature, along a curve to the right with a radial bearing of South 66°59`12" East, a radius of 186.59 feet through a central angle of 72°13`56", for an arc length of 235.23 feet to a set 5/8" rebar and to a point of curvature; thence on a curve to the left with a radial bearing of South 05°14`45" West, a radius of 116.11 feet; through a central angle of 70°23`17" for an arc length of 142.64 feet, to a set 5/8" rebar and a point of tangency having a radial bearing of South 65°08`33" East; thence North 24°51`27" East a distance of 61.02 feet to a set 5/8" rebar; thence leaving said easement South 64°49`00" East a distance of 466.68 feet to a set 5/8" rebar; thence South 33°52`15" West a distance of 459.09 feet to a set 5/8" rebar; thence North 55°14`52" West a distance of 604.74 feet to a set 5/8" rebar, which point is on the centerline of said easement and the Point of Beginning. Parcel A of Certificate of Survey No. 15253. TOGETHER WITH a non-exclusive easement for ingress and egress and utility purposes over and across the grantors remaining property in the NW1/4 NE1/4 as depicted on Certificate of Survey No. 15253. 2) The Northwest quarter of the Northeast quarter of Section 27, Township 27 North, Range 22 West, P.M.M., Flathead County, Montana. Excepting therefrom Parcel A of Certificate of Survey No. 15253, Records of Flathead County, Montana. 3) The East half of the Southwest quarter of the Northeast quarter of Section 27, Township 27 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Tract 23 of Certificate of Survey No. 3346 Excepting therefrom Parcel 2 of Certificate of Survey No. 18715, Records of Flathead County, Montana. 4) A tract of land situated, lying and being in the Southwest quarter of the Northeast quarter and in the East half of the Northwest quarter of Section 27, Township 27 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Tract 1 of Certificate of Survey No. 19222. WITNESS my hand and seal of said Court, this 3 day of September, 2019. Peg L. Allison, Clerk of the District Court By /s/ Ayla Hill Dated this 28th day of August, 2019. MACKOFF KELLOGG LAW FIRM 38 Second Ave E Dickinson ND 58601 Phone: 701-227-1841 Fax: 701-225-6878 Attorney for the Plaintiff jhenderson@mackoff.com MT Bar #11414 By /s/ Jason J. Henderson, Attorney September 8, 15, 22, 2019 MNAXLP _________________________
No. 26489 Notice of Public Hearing on Proposed Amendment of Water Quality Standards Before the Montana Department of Environmental Quality On October 22, 2019, at 1:00 p.m., the Department of Environmental Quality (department) will hold a public hearing in Room 111 of the Metcalf Building, 1520 E. Sixth Avenue, Helena, Montana, to consider the proposed amendment of Administrative Rules of Montana (ARM) 17.30.660, pertaining to nutrient standards variances. The proposed amendments are necessary to incorporate by reference proposed changes to Department Circular DEQ-12B (DEQ-12B). The department is proposing to revise DEQ-12B to respond to the U.S. District Court for the District of Montana's Order in Upper Missouri Waterkeeper v. U.S. EPA, Case No. CV-16-52-GF-BMM (July 16, 2019). While the Court found significant portions of the general nutrients standards variance to be lawful and supported by the record, the Court partially vacated and remanded a portion of EPA's approval of the general variance found in DEQ-12B. The Court then stayed this vacatur and provided the department 120 days from the date of the Order to adopt a revised general variance timeline, and provided U.S. EPA 90 days to complete its review of these changes. The Court did not vacate EPA's approval of the department's findings concerning widespread economic and social impacts, nor did it vacate approval of the treatment requirements found in Table 12B-1 of DEQ-12B (what the Court refers to as the "Current Variance Standard" or "highest attainable condition"). This rulemaking is only intended to address the specific concerns of the Court related to (a) the timeline necessary to meet the Table 12B-1 treatment requirements and (b) the timeline and process necessary to meet the base numeric nutrient standards contained in Department Circular DEQ-12A. The rulemaking will allow continued use and application of the general variance for eligible dischargers and will prevent the related economic and social harm from requiring immediate compliance with the base numeric nutrient standards. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Sandy Scherer no later than 5:00 p.m., October 15, 2019, to advise us of the nature of the accommodation that you need. Please contact Sandy Scherer at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Sandy Scherer, Legal Secretary, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to sscherer@mt.gov, no later than 5:00 p.m., October 22, 2019. To be guaranteed consideration, mailed comments must be postmarked on or before that date. A copy of proposed Department Circular DEQ-12B (November 2019) may be viewed at the department's website: http://deq.mt.gov/water/drinkingwater/standards/#menu4. Copies may also be obtained by contacting Mike Suplee at (406) 444-0831 or msuplee@mt.gov. September 15, 22, 29, 2019 MNAXLP __________________________
No. 26454 NOTICE OF SALE OF REAL ESTATE NOTICE IS HEREBY GIVEN that the Montana Department of Transportation will sell at public auction, with reserve, to the highest bidder, the following described real estate: A tract of land being situated in the SW1/4NW1/4 of Section 28, Township 31 North, Range 19 West, P.M., M., Flathead County, Montana, more particularly described as Lot 2A of the Amended Plat # 20190046, Document # 201900013473, to Lots 2, 3, 4, & 5 of Nita's Bide A Wee Tracts, containing an area of 0.68 acres, more or less. The auction will be held beginning at 11:30am on Thursday, October 10, 2019 in Conference Rooms A & B on the 2nd floor of the Flathead City County Health Dept. aka Earl Bennett Building, 1035 1st Ave. W., Kalispell, Montana. Terms: 10% down payment by check at auction. The auction is complete when the auctioneer announces that the down payment has been paid. The appraised value of this land is $56,450.00. Under statutory restrictions, the State cannot accept any bid under 90% of the appraised value. The property is being sold AS IS. Sale will be conducted pursuant to the Montana Code Annotated. Additional information and a copy of the "Detailed Terms and Conditions" of the sale may be obtained from the Real Estate Services Section, Right-of-Way Bureau, Montana Department of Transportation, Attn: Jenna Bousman, 2701 Prospect Avenue, P.O. Box 201001, Helena, Montana, 59620- 1001, phone (406) 444-9272 or TTY 1-800-335-7592 for the hearing impaired. STATE OF MONTANA - DEPARTMENT OF TRANSPORTATION Right-of-Way Bureau Helena, Montana September 1, 4, 8, 11, 15, 18, 22, 25, 29, October 2, 6, 9, 2019 MNAXLP __________________________
No. 26496 INVITATION TO BID SEWER MAIN EXTENSION and WATER SYSTEM IMPROVEMENTS PROJECT SOMERS RURAL FIRE DISTRICT The Somers Rural Fire District (the "District") will receive sealed bids for the construction a new sewer main extension and related work at the site of their new fire hall on Somers Road. The District will receive bids at the office of their consulting ENGINEER, Carver Engineering, located at 1995 Third Avenue East, Kalispell, MT 59901, until 2:00 P.M. on the 2nd day of October, 2019, at which time bids will be publicly opened and read. Work contained under this contract consists of installing approximately 600 lineal feet of new 8-inch diameter gravity sewer main along the east side of Somers Road from Mackinaw Loop to the south boundary of the new Fire Hall lot. Also included in the work is installation of 70 lineal feet of 6-inch water main, one fire hydrant and appurtenances, and replacement of approximately 240 feet of water service piping for a nearby residence that conflicts with the alignment of the new sewer main. Bids shall be addressed to the Chairman of the Somers Rural Fire District, Somers, Montana, and must be sealed and entitled "NEW SEWER MAIN EXTENSION and WATER SYSTEM IMPROVEMENTS". CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor & Industry (DLI). Forms for registration are available from DLI, Helena, Montana; 406-444-7733. CONTRACTOR is not required to be registered with DLI prior to bidding on the project but must have registered prior to execution of the Agreement. The bidder's name, address and phone number shall also appear on the sealed bid envelope and also the bidder's Montana Contractor's License number if bidder has registered with DLI prior to submission of bid. Further information and/or Plans, Specifications, Bidding and Contract Forms may be inspected at the office of the Consulting Engineer, Carver Engineering, 1995 Third Ave. East, Kalispell, Montana 59901; (406) 257-6202. Copies of these documents may be obtained at the office of Carver Engineering upon payment of $ 50.00 (non-refundable) for each set. A Pre-Bid Conference will be held at 10:00 a.m. on September 24th, 2019, at the office of Carver Engineering, 1995 Third Avenue East, Kalispell, to discuss the Project. Bidders are encouraged to attend and participate in the conference. All bids offered shall be accompanied by a check payable to the Somers Rural Fire District, certified by a responsible bank, or a Bid Bond for an amount which shall not be less than ten (10%) percent of the aggregate of said proposal. The Bids shall, in open session, be publicly opened and examined and declared the same; provided, however, that no Bid shall be considered unless accompanied by said check or Bid Bond. The District may reject any and all Bids should it deem this for the public good, and also the Bid of any party who has been delinquent or unfaithful in any former contract with the District, and shall reject all Bids, other than the lowest regular bid of any responsible bidder, and may award the Contract to the lowest responsible bidder at the prices named in his or her bid. The District reserves the right to waive any technicality or informality and accept any bid which may be deemed in the best interest of the District. The checks or Bid Bonds of the three low Bidders accompanying such accepted Bids shall be held by the District until the Contract for doing said work, as hereinafter provided, has been entered into, whereupon said checks or Bid Bonds shall be returned to said Bidders. If the lowest responsible bidder fails, neglects, or refuses to enter into the contract to perform said work or improvements, as hereinafter provided, then the check or Bid Bond accompanying his or her bid, and the amount therein mentioned, shall be declared to be forfeited to the District. After a Contract is awarded, the successful Bidder will be required to furnish an approved Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the Contract. Insurance as required shall be provided by the successful Bidder and a certificate of that insurance shall be provided. No Bidder may withdraw his bid for at least sixty (60) days after the scheduled time for receipt of bids. Bidders on the work will be required to comply with Montana Prevailing Wage Rates. It is incumbent upon each employer to pay, as a minimum, the rate of wages including fringe benefits for health and welfare and pension contributions, and travel allowance provisions, provided in the most current Prevailing Wage Rates. Bidders on the project will also be required to pay the State's 1% Contractor's withholding tax. Attention is called to the "Instructions to Bidders" contained within the Bidding Documents, which instructions are to be followed in all respects. All Proposals shall be submitted on the forms provided in the Bidding Documents and shall be accompanied by the Bid Security and other required documents as identified in the Bidding Documents. Authorized by order of the Board of Directors of the Somers Rural Fire District, in a regular Board meeting held on August 14, 2019. Bill Brass, Chairman Somers Rural Fire District September 11, 15, 25, 2019 MNAXLP __________________________