Legals for March, 6 2020
INVITATION TO BID AIRPORT IMPROVEMENTS LIBBY, MONTANA Notice is hereby given that sealed bids will be received and publicly opened at 10:00 a.m., local time on Wednesday, March 18, 2020, by the Lincoln County Commission at the Lincoln County Commissioners' Office, North Lincoln County Annex, Door 5, 52 Highway 37 North, P.O. Box 2012, Eureka, MT 59917, for the following "Airport Improvement" to include: ACQUISITION OF SNOW REMOVAL EQUIPMENT ALL WHEEL DRIVE SNOW PLOW TRUCK WITH 14'BLADE Bids must be sealed and delivered to the Lincoln County Commissioners' Office, North Lincoln County Annex, Door 5, 52 Highway 37 North, P.O. Box 2012, Eureka, MT 59917 at or before 10:00 a.m., local time on Wednesday, March, 18, 2020, and marked "Bid for Snow Removal Equipment at the Libby Airport, AIP 3-30-0049-014-2020." The bidder's name, address and state Contractor's Registration number shall appear on the envelope. All bids must be accompanied by lawful monies of the United States or a Cashier's Check, a Certified Check, Bid Bond, Bank Money Order or Bank Draft, drawn and issued by a National Banking Association located in the State of Montana, or by any Banking Corporation incorporated under the Laws of the State of Montana, in an amount equal to not less than ten (10) percent of the amount of the base bid, payable to the order of the Lincoln County Airport Commission as liquidated damages in the event said successful bidder shall fail or refuse to execute the contract in accordance with the terms of his bid. Complete electronic Project Specifications, and Bid Proposal Packet are available on the Morrison-Maierle, Inc. website "www.m-m.net", scroll down and click on the "Project Bidding" banner, follow the link, "Browse Projects" as needed, and select this project from the project list. Documents can only be viewed on the Morrison-Maierle, Inc. website, and cannot be downloaded or printed without purchasing. To purchase and download the project documents in pdf format, click "Download Project PDF" and sign on to QuestCDN.com or join for a free membership. Plan documents can be downloaded for a fee of $30. Please contact QuestCDN at 952-233-1632 or email "info@questcdn.com" for assistance in the free membership registration, downloading, and working with this digital project information. The Owner reserves the right to reject any or all bids and to waive informalities or irregularities in any bid. The Bidder must supply all the information required by the bid documents and specifications. Funding for This Contract is Federally Assisted. Contractors at every tier must comply with applicable federal requirements including but not limited to: the Buy American Preference, Foreign Trade Restriction, Affirmative Action, Government wide Debarment and Suspension, Government wide Requirements for Drug-free Workplace, and Procurement of Recovered Materials, as contained in the bid documents. This contract will be funded in part by a grant from the Federal Aviation Administration. Therefore, award of the Contract by the Sponsor will be made subject to concurrence of FAA. Bidders may not withdraw Proposals for a period of ninety (90) days after the bid opening date. Signed: /s/ Mark Peck Chairman, Lincoln County Airport Board Published In The Western News February 28, March 6, & 13, 2020. MNAXLP
The Montana Department of Revenue, Alcoholic Beverage Control Division, announces the availability of one (1) new original Montana Retail On-Premises Restaurant Beer and Wine License for the Eureka quota area as a result of the Montana legislative change separating the combined quota area of Eureka/Rexford. The Montana Alcoholic Beverage Code (Title 16 of the Montana Code Annotated) requires each incorporated city to have their own designated quota area and requires the department to conduct a competitive bidding process for available licenses. The available Montana Retail On-Premises Consumption Restaurant Beer and Wine License for the Eureka quota area may be located within the corporate limits of Eureka or within 5 miles of Eureka's corporate limits. A map of the Eureka quota area can be located at mtrevenue.gov This license is not eligible to offer gambling under Title 23, chapter 5, part 3, 5, or 6. To enter the competitive bidding process, the individual or business entity must submit electronically a competitive bid form that includes your bid amount, an irrevocable letter of credit for at least the bid amount from a financial institution naming the department as the beneficiary and pay a $100 non-refundable processing fee and any associated payment processing fees. The competitive bid form can be found at myrevenue.mt.gov The minimum bid for this license is set at $13,125. The competitive bidding process closes on March 8, 2020 at midnight Mountain Standard Time. The highest successful bidder will be notified by the department. The successful bidder must submit an application for licensure within 60 days. Questions? Contact (406) 444-6900 Published In The Western News February 11, 18, 25, & March 3, 2020. MNAXLP
RUSSELL S. BARNES Attorney for Plaintiff 503 California Ave. Libby, MT 5992 MATTHEW J. CUFFE DISTRICT JUDGE THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF LINCOLN IN THE MATTER OF LINCOLN COUNTY SHELTERED WORKSHOP Plaintiff, -vs- THE PROPANE COMPANY, A MONTANA CORPORATION, and all other persons, unknown, claiming or who might claim any right, title, estate or interest in, or lien or encumbrance upon the real property described in the Complaint, or any thereof adverse to Plaintiffs' title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, Defendant. DV-19-218 S U M M O N S THE STATE OF MONTANA TO THE ABOVE NAMED DEFENDANT You are hereby summoned to answer the Complaint in the 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 Plaintiffs' attorney within twenty (20) 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 is brought for the purpose of quieting title to the land situated in Lincoln County, Montana, and described in the Complaint. WITNESS MY HAND AND THE SEAL OF THIS COURT THIS 28th day of October, 2019. s/s Tricia Brooks CLERK OF DISTRICT COURT By s/s Kelsi Chambers Deputy Clerk Published In The Western News February 25, March 3, 10, 2020. MNAXLP
RUSSELL S. BARNES Attorney for Plaintiff 503 California Ave. Libby, MT 5992 MATTHEW J. CUFFE DISTRICT JUDGE IN THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF LINCOLN NO-DV-19-211 IN THE MATTER OF LINCOLN COUNTY SHELTERED WORKSHOP Plaintiff, -vs- WALTER H. KEMP, and all other persons, unknown, claiming or who might claim any right, title, estate or interest in, or lien or encumbrance upon the real property described in the Complaint, or any thereof adverse to Plaintiffs' title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, Defendant. S U M M O N S THE STATE OF MONTANA TO THE ABOVE NAMED DEFENDANT You are hereby summoned to answer the Complaint in the 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 Plaintiffs' attorney within twenty (20) 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 is brought for the purpose of quieting title to the land situated in Lincoln County, Montana, and described in the Complaint. WITNESS MY HAND AND THE SEAL OF THIS COURT THIS 28th day of October, 2020. s/s TRICIA BROOKS CLERK OF DISTRICT COURT By s/s Kelsi Chambers Deputy Clerk Published In The Western News February 25, March 3 & 10, 2020. MNAXLP
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT COUNTY OF CACHE, STATE OF UTAH 135 North 100 West Logan, Utah 84321 In the Matter of the Adoption of: TANNER LEE HUBLER DOB: 8-13-2011 a minor child. NOTICE OF TERMINATION OF PARENTAL RIGHTS, NOTICE OF PETITION TO ADOPT AND NOTICE OF RIGHTS (FOR PUBLICATION) Case No. 192100032 Judge: Kevin K. Allen THE STATE OF UTAH TO: ERNEST RAY HUBLER You are being notified of the Verified Petition for Termination of Parental Rights and Step-Parent Adoption of Tanner Lee Hubler. You have the right to file a motion to intervene with this court. If your motion to intervene is granted, you have the right to oppose this adoption. If you want to intervene in this adoption, you must file a motion to intervene with this court within 30 days after March, 3, 2020, which is the last date this notice will be published. And you must serve a copy of your motion on Petitioners' attorney at: Bearnson & Caldwell, LLC, 399 North Main Street, Suite 270, Logan, UT 84321. If you do not file a motion to intervene within that time, you waive any right to further notice in this adoption, forfeit all rights in relation to the adoptee, and are barred from bringing or maintaining any action to assert any interest in the adoptee. You may obtain a copy of the Verified Petition for Termination of Parental Rights and Step-Parent Adoption and other court records in this case only if your motion to intervene is granted. You also have the right to consent to this adoption. DATED this 11th day of February, 2020. BEARNSON & CALDWELL, LLC /s/ Wayne K. Caldwell Attorneys for Petitioners Published In The Western News February 14, 21, 28 and March 6, 2020. MNAXLP
MONTANA NINETEENTH JUDICIAL DISTRICT COURT LINCOLN COUNTY In The Matter of the Name Change of Danille Harvey, Petitioner. Cause DV-20-19 Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Danille Leanne Harvey to Danille Leanne Rector. The hearing will be on March 9, 2020 at 11am. The hearing will be at the Courthouse in Lincoln County. Dated this 14th day of January, 2020. Tricia Brooks Clerk of District Court s/s Jen Brown Deputy Clerk of Court Published In The Western News January 31, February 7, 14 & 21, 2020. MNAXLP
J. Tiffin Hall Atrtorney at Law P.O. Box 2109 Eureka, Montana 59917 Telephone: (406) 297-7026 Attorney For Petitioner Donna Ann Berget MONTANA NINETEENTH JUDICIAL DISTRICT COURT LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF TODD DEAN BERGET, Deceased. Cause No. DP-20-9 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased 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 be mailed to Donna Ann Berget, the Personal Representative, return receipt requested, c/o J. Tiffin Hall, Attorney at Law, P.O. Box 2109, Eureka, Montana 59917, and filed with the Clerk of the above Court. DATED this 10th day of February, 2020. PERSONAL REPRESENTATIVE s/s Donna Ann Berget Published In The Western News February 14, 21, & 28, 2020. MNAXLP
DISPOSAL OF PROPERTY RESOLUTION WHEREAS, Section 20-6-604, Montana Code Annotated, provides in pertinent part: (1) Whenever the trustees of a district determine that a site, building, or any other real or personal property of the district is or is about to become abandoned, obsolete, undesirable, or unsuitable for the school purposes of the district, the trustees may sell or otherwise dispose of the real or personal property. If a decision to sell or dispose of property is made, the trustees shall adopt a resolution to sell or otherwise dispose of the district real or personal property because it is or is about to become abandoned, obsolete, undesirable, or unsuitable for the school purposes of the district. (2) The resolution may not become effective for 14 days after the notice required in subsection (3) is made. (3) The trustees shall provide notice of the resolution in the manner required for school elections in 20-20-204. WHEREAS, pursuant to Section 20-6-604, Montana Code Annotated, the Board of Trustees of Libby School District #4, has found that Asa Wood School (located at 700 Idaho Avenue) is obsolete, undesirable, or unsuitable for school purposes; NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of Libby School District #4, shall place the following real property on the open market, advertise the real property as being for sale and sell the same if a qualified buyer makes an acceptable offer to the District: BE IT FURTHER RESOLVED, in accordance with District practice and as required by Sections 20-6-604 and 20-20-204, Montana Code Annotated, this Resolution shall be posted in three different places in the district and published in The Western News, the newspaper of general circulation in the District. BE IT FURTHER RESOLVED, the resolution shall become effective fourteen (14) days after such publication and posting if, in accordance with Section 20-6-604, Montana Code Annotated, no taxpayer appeals this Resolution prior to February 28, 2020, by filing a verified petition with the Clerk of the District Court setting out in detail the objections to the adoption of the Resolution or the disposal of the property and serving a copy of such petition upon the School District. For more information contact 406-293-8811. Published In The Western News February 14 & 21, 2020. MNAXLP
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT COUNTY OF CACHE, STATE OF UTAH 135 North 100 West Logan, Utah 84321 In the Matter of the Adoption of: TANNER LEE HUBLER DOB: 8-13-2011 a minor child. NOTICE OF TERMINATION OF PARENTAL RIGHTS, NOTICE OF PETITION TO ADOPT AND NOTICE OF RIGHTS (FOR PUBLICATION) Case No. 192100032 Judge: Kevin K. Allen THE STATE OF UTAH TO: ERNEST RAY HUBLER You are being notified of the Verified Petition for Termination of Parental Rights and Step-Parent Adoption of Tanner Lee Hubler. You have the right to file a motion to intervene with this court. If your motion to intervene is granted, you have the right to oppose this adoption. If you want to intervene in this adoption, you must file a motion to intervene with this court within 30 days after March, 3, 2020, which is the last date this notice will be published. And you must serve a copy of your motion on Petitioners' attorney at: Bearnson & Caldwell, LLC, 399 North Main Street, Suite 270, Logan, UT 84321. If you do not file a motion to intervene within that time, you waive any right to further notice in this adoption, forfeit all rights in relation to the adoptee, and are barred from bringing or maintaining any action to assert any interest in the adoptee. You may obtain a copy of the Verified Petition for Termination of Parental Rights and Step-Parent Adoption and other court records in this case only if your motion to intervene is granted. You also have the right to consent to this adoption. DATED this 11th day of February, 2020. BEARNSON & CALDWELL, LLC /s/ Wayne K. Caldwell Attorneys for Petitioners Published In The Western News February 14, 21, 28 and March 6, 2020. MNAXLP
Notice of Public Hearing Recommended Zoning Changes To the proposed Main Business District and the Highway Commercial District Monday March 16, 2020, 6pm Council Chambers-City Hall The City of Libby City Council will hold a public hearing Monday, March 16th, 2020, at 6:00 PM at the Council Chambers - City Hall. The purpose of the public hearing is to receive public comments concerning the recommended zoning changes to the City of Libby's zoning district entitled Main Business District. At the public hearing, the Zoning Commission will present its proposed changes, which include the creation of two new commercial districts, the Downtown Business District and Highway Commercial District; and changes to the text and map, including increasing the Business-Residential District area. All interested persons will be given the opportunity to ask questions and express opinions regarding the proposed changes. Copies of the proposed changes to the text and map are available at City Hall (952 E. Spruce Street) as well as on the City's website (www.cityoflibby.com) and will also be available at the public meeting. Published In The Western News March 6 & 13, 2020. MNAXLP
INVITATION TO BID AIRPORT IMPROVEMENTS LIBBY, MONTANA Notice is hereby given that sealed bids will be received and publicly opened at 10:00 a.m., local time on Wednesday, March 18, 2020, by the Lincoln County Commission at the Lincoln County Commissioners' Office, North Lincoln County Annex, Door 5, 52 Highway 37 North, P.O. Box 2012, Eureka, MT 59917, for the following "Airport Improvement" to include: ACQUISITION OF SNOW REMOVAL EQUIPMENT ALL WHEEL DRIVE SNOW PLOW TRUCK WITH 14'BLADE Bids must be sealed and delivered to the Lincoln County Commissioners' Office, North Lincoln County Annex, Door 5, 52 Highway 37 North, P.O. Box 2012, Eureka, MT 59917 at or before 10:00 a.m., local time on Wednesday, March, 18, 2020, and marked "Bid for Snow Removal Equipment at the Libby Airport, AIP 3-30-0049-014-2020." The bidder's name, address and state Contractor's Registration number shall appear on the envelope. All bids must be accompanied by lawful monies of the United States or a Cashier's Check, a Certified Check, Bid Bond, Bank Money Order or Bank Draft, drawn and issued by a National Banking Association located in the State of Montana, or by any Banking Corporation incorporated under the Laws of the State of Montana, in an amount equal to not less than ten (10) percent of the amount of the base bid, payable to the order of the Lincoln County Airport Commission as liquidated damages in the event said successful bidder shall fail or refuse to execute the contract in accordance with the terms of his bid. Complete electronic Project Specifications, and Bid Proposal Packet are available on the Morrison-Maierle, Inc. website "www.m-m.net", scroll down and click on the "Project Bidding" banner, follow the link, "Browse Projects" as needed, and select this project from the project list. Documents can only be viewed on the Morrison-Maierle, Inc. website, and cannot be downloaded or printed without purchasing. To purchase and download the project documents in pdf format, click "Download Project PDF" and sign on to QuestCDN.com or join for a free membership. Plan documents can be downloaded for a fee of $30. Please contact QuestCDN at 952-233-1632 or email "info@questcdn.com" for assistance in the free membership registration, downloading, and working with this digital project information. The Owner reserves the right to reject any or all bids and to waive informalities or irregularities in any bid. The Bidder must supply all the information required by the bid documents and specifications. Funding for This Contract is Federally Assisted. Contractors at every tier must comply with applicable federal requirements including but not limited to: the Buy American Preference, Foreign Trade Restriction, Affirmative Action, Government wide Debarment and Suspension, Government wide Requirements for Drug-free Workplace, and Procurement of Recovered Materials, as contained in the bid documents. This contract will be funded in part by a grant from the Federal Aviation Administration. Therefore, award of the Contract by the Sponsor will be made subject to concurrence of FAA. Bidders may not withdraw Proposals for a period of ninety (90) days after the bid opening date. Signed: /s/ Mark Peck Chairman, Lincoln County Airport Board Published In The Western News February 28, March 6, & 13, 2020. MNAXLP
NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on June 30, 2020, at 10:00 o'clock A.M. (recognized local time) at the Main Door of the Lincoln County Courthouse, located at, 512 California Ave, Libby Montana , the following described real property, situated in Lincoln County, Montana: Lot 7A of the Amended Plat of Lots 7 and 8, MOOSE COUNTRY SUBDIVISION, according to the map or plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. Plat #6798 Commonly known as: 3720 Othorp Lake Road, Rexford, MT 59930 Jon Arthur Lee Jansen, as Grantor(s), conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Mark S. Frey, as Beneficiary, by Deed of Trust dated September 19, 2016, and recorded September 19, 2016, as Book 364 Page 531 Document No. 265258. The Beneficial interest is currently held by Mark S. Frey. First American Title Company of Montana, Inc., is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Lincoln County, Montana. Jon Arthur Lee Jansen has defaulted in the performance of said Deed of Trust by failing to pay the entire unpaid principal balance together with accrued interest and other charges due and payable in full on or before September 19, 2019 per unrecorded modification dated January 17, 2019 As of February 12, 2020 there is due and owing on the loan an unpaid principal balance of $5,704.23, accrued interest in the amount of $376.64, plus late charges in the amount of $103.95 and a Due In Full late fee of $304.04, for a total amount due of $6,488.86. Interest accrues on the Note at the rate of 10% per annum with a per diem rate of $1.56 after February 12, 2020. Interest continues to accrue. All delinquencies are now due together with any late charges, advances to protect the security, and fees and costs associated with this foreclosure. The Beneficiary anticipates and may disperse 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 Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation 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 in cash at the time of sale. 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. The Grantor, successor in interest to the Grantor, or any other person having an interest in the property, at any time prior to the Trustee's Sale, may pay to the Beneficiary to 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 thereby cure the default.The scheduled Trustee's sale may be postponed by public proclamation up to fifteen (15) days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to one-hundred twenty (120) days by public proclamation at least every thirty (30) days. DATED: February 12, 2020 By:/s/ Rae Albert, Assistant Secretary for First American Title Company of Montana, Inc c/o Title Financial Specialty Services PO Box 339 Blackfoot, ID 83221 STATE OF Idaho SS. COUNTY OF Bingham On this February 12, 2020, before me, a Notary Public in and for said State, personally appeared Rae Albert, known or identified to me, to be the Assistant Secretary of First American Title Company of Montana, Inc, who is named as the Successor Trustee in the above described Deed of Trust and executed the instrument on behalf of said Successor Trustee, and acknowledged to me that said Successor Trustee executed the same. Amy Gough Notary Public of Idaho Residing at: Blackfoot, Idaho Commission Expires 06/09/2021 Published In The Western News March 6, 13, & 20, 2020. MNAXLP