Legals June 12, 2019
No. 2489 CITY OF WHITEFISH NOTICE OF PUBLIC HEARING ON PRELIMINARY BUDGET NOTICE IS HEREBY GIVEN that Whitefish City Council will consider adopting the proposed preliminary budget for fiscal year 2020 at its regular meeting to be held June 17, 2019, at 7:10 p.m. in the Whitefish City Council Chambers at 418 East Second Street. Any taxpayer or resident may appear at the public meeting and be heard for or against any part of the proposed budget. The proposed budget has been placed on file and is available for inspection in the City Clerk's office located at 418 East Second Street. For further information please contact the Assistant City Manager/Finance Director, Dana Smith, at 406-863-2405 or dsmith@cityofwhitefish.org. June 5, 12, 2019 MNAXLP --------------------------------------------
No. 2493 PUBLIC NOTICE OF FOOD VENDOR PERMIT APPLICATION The City of Whitefish Planning Department has received the following Mobile Food Vendor Permit application: 1. A request by Jessica Richards of Annie's Shaved Ice for a Food Vendor permit for a food truck in the parking lot of 6360 US Highway 93 South (Old Whitefish Pizza Hut) Whitefish, Montana, for a one-year permit selling shaved ice and ice cream beginning June 26, 2019. The subject area is located in WB-2 Zoning District, and can be legally described as Whitefish, Lot 3ABCB., Section 01, Township 30N North, Range 22 West, P.M.M., Flathead County, Montana. The complete application may be reviewed at the Whitefish Planning & Building Department at 418 E Second Street. Written comments concerning the request should be directed to the David Taylor at Whitefish Planning, PO Box 158, Whitefish, Montana 59937, (406) 863-2410, or sent via email to: dtaylor@cityofwhitefish.org. Comments should be received by June 25, by 5:00 pm. June 12, 2019 MNAXLP __________________________
No. 2484 NOTICE OF SALE FOR STATE SCHOOL TRUST LAND The Department of Natural Resources and Conservation (DNRC) will offer the following parcel of state land with a commercial townhouse located in Flathead County, for sale at public auction on July 17, 2019 at 1:00 pm, at the DNRC Northwest Land Office, 655 Timberwolf Parkway, Suite 1, Kalispell, Montana under terms and conditions provided herein. Sale No.1048: Commercial Townhouse with approximately 1315+ Square Feet Commercial Lot: .043 Acres+ Legal Description: Lot 1 of Lupfer Townhouses, T31N-R22W, Sec. 36 Minimum Bid: $290,000. Location: 140 Lupfer Avenue, Whitefish, MT 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 General Terms & Conditions of Sale is available on the website: http://www.dnrc.mt.gov/trust/land_banking/ or from DNRC upon request. All persons wishing to participate in the auction of any state parcel indicated above must, on or before June 27, 2019, submit a bid deposit in the form of a certified or cashiers check made payable to DNRC equal to twenty percent (20%) of the minimum bid indicated for that parcel. In addition, an Offer to Purchase and Bid Deposit Receipt Form must be completed and submitted with each bid deposit. Failure to submit the 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 the address shown below. TERMS OF SALE 1. The parcel and improvements are sold as-is by the DNRC. 2. The minimum acceptable bid for this parcel is the value indicated above. 3. The parcel will be sold to the high bidder of that parcel 4. In addition to the purchase price for each parcel, the purchaser shall also be responsible for the following costs (if applicable to that particular parcel) including, but not limited to: Advertising, Appraisal, Survey, Title Commitment and Insurance, Filing fees, Cultural Survey, Water Right Transfers, Cost of Closing. All inquiries, bid deposits, or requests for forms are to be sent to: DNRC, Real Estate Management Bureau, Attn: Mark Harvel, PO Box 201601, 1539 Eleventh Ave., Helena, MT 59620-1601, (406) 444- 1445 or mharvel@mt.gov. May 29, June 5, 12, 2019 MNAXLP __________________________
No. 2491 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: JULY 26, 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 30120682 Owners: ROBERT C HOLMAN MARY E HOLMAN PO BOX 1221 WHITEFISH, MT 59937 Priority Date: JANUARY 18, 2019 at 02:01 P.M. Purpose (use): MULTIPLE DOMESTIC Maximum Flow Rate:13.00 GPM Maximum Volume: 0.45 AC-FT Source Name: WHITEFISH RIVER (WHITEFISH LAKE) Source Type: SURFACE WATER Point of Diversion and Means of Diversion: Diversion Means: PUMP Period of Diversion: JANUARY 1 TO DECEMBER 31 ID 1; Qtr Sec NWNENE; Sec 5; Twp 31N; Rge 22W; County FLATHEAD Purpose (Use): MULTIPLE DOMESTIC Households: 2 Volume: 0.45 AC-FT Period of Use: JANUARY 1 to DECEMBER 1 Place of Use: ID 1; Qtr Sec NWNENE; Sec 5; Twp 31N; Rge 22W; County FLATHEAD Remarks: ASSOCIATED RIGHT: 76LJ 7263, 76LJ 30120682, AND 76LJ 30120683 ARE ASSOCIATED. THEY SHARE A PLACE OF USE. 76LJ 7263 AND 76LJ 30120682 ARE ASSOCIATED. THEY SHARE A POINT OF DIVERSION. CLARK FORK RIVER BASIN LAW: THIS PROVISIONAL WATER USE PERMIT HAS A PRIORITY DATE THAT IS JUNIOR TO THE RIGHTS OF SENIOR WATER RIGHT HOLDERS IN THE CLARK FORK RIVER BASIN. IN ACCORDANCE WITH MONTANA LAW, YOU MAY BE SUBJECT TO A CALL BY SENIOR WATER RIGHT HOLDERS, IN WHICH CASE YOU MAY BE REQUIRED TO DISCONTINUE YOUR USE OF WATER FOR THE PERIOD OF THE CALL. CONFEDERATED SALISH AND KOOTENAI TRIBES - RESERVED WATER RIGHTS: THIS RIGHT IS SUBJECT TO ALL PRIOR INDIAN RESERVED WATER RIGHTS OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES IN THE SOURCE OF SUPPLY. IT IS THE TRIBE'S POSITION THAT THE EXERCISE OF JUNIOR WATER RIGHTS EITHER WITHIN OR OUTSIDE OF THE EXTERIOR BOUNDARIES OF THE FLATHEAD INDIAN RESERVATION MAY AFFECT THE RESERVED WATER RIGHTS OF THE TRIBE WITHIN THE EXTERIOR BOUNDARIES OF THE RESERVATION. IT IS THE TRIBE'S POSITION THAT ECONOMIC INVESTMENTS MADE IN RELIANCE UPON THIS RIGHT DO NOT CREATE IN THE APPROPRIATOR ANY EQUITY OR VESTED RIGHT AGAINST THE TRIBES. THE APPROPRIATOR IS HEREBY NOTIFIED THAT ANY FINANCIAL OUTLAY OR WORK INVESTED IN A PROJECT PURSUANT TO THIS RIGHT IS AT APPROPRIATOR'S RISK. THE ISSUANCE OF THIS RIGHT DOES NOT REDUCE THE APPROPRIATOR'S LIABILITY FOR DAMAGE CAUSED BY THE EXERCISE OF THE RIGHT. IT DOES NOT MAKE THE DEPARTMENT LIABLE FOR DAMAGE CAUSED BY THE EXERCISE OF THE RIGHT. NOR IS THE DEPARTMENT LIABLE FOR ANY LOSS TO THE APPROPRIATOR CAUSED BY THE EXERCISE OF SENIOR RESERVED WATER RIGHTS. June 12, 2019 MNAXLP _________________________
No. 2492 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: JULY 26, 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 30120683 Owners: ROBERT C HOLMAN MARY E HOLMAN PO BOX 1221 WHITEFISH, MT 59937 Priority Date: JANUARY 18, 2019 at 02:00 P.M. Purpose (use): LAWN AND GARDEN Maximum Flow Rate:18.00 GPM Maximum Volume: 0.71 AC-FT Source Name: WHITEFISH RIVER (WHITEFISH LAKE) Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID 1; Qtr Sec NWNENE; Sec 5; Twp 31N; Rge 22W; County FLATHEAD Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: PUMP Purpose (Use): LAWN AND GARDEN Volume: 0.71 AC-FT Period of Use: APRIL 15 to OCTOBER 15 Place of Use: ID 1; Total Acres 0.35; Qtr Sec NWNENE; Sec 5; Twp 31N; Rge 22W; County FLATHEAD Remarks: ASSOCIATED RIGHT: 76LJ 7263, 76LJ 43590, 76LJ 30120682, AND 76LJ 30120683 ARE ASSOCIATED. THEY SHARE A PLACE OF USE. CLARK FORK RIVER BASIN LAW: THIS PROVISIONAL WATER USE PERMIT HAS A PRIORITY DATE THAT IS JUNIOR TO THE RIGHTS OF SENIOR WATER RIGHT HOLDERS IN THE CLARK FORK RIVER BASIN. IN ACCORDANCE WITH MONTANA LAW, YOU MAY BE SUBJECT TO A CALL BY SENIOR WATER RIGHT HOLDERS, IN WHICH CASE YOU MAY BE REQUIRED TO DISCONTINUE YOUR USE OF WATER FOR THE PERIOD OF THE CALL. CONFEDERATED SALISH AND KOOTENAI TRIBES - RESERVED WATER RIGHTS: THIS RIGHT IS SUBJECT TO ALL PRIOR INDIAN RESERVED WATER RIGHTS OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES IN THE SOURCE OF SUPPLY. IT IS THE TRIBE'S POSITION THAT THE EXERCISE OF JUNIOR WATER RIGHTS EITHER WITHIN OR OUTSIDE OF THE EXTERIOR BOUNDARIES OF THE FLATHEAD INDIAN RESERVATION MAY AFFECT THE RESERVED WATER RIGHTS OF THE TRIBE WITHIN THE EXTERIOR BOUNDARIES OF THE RESERVATION. IT IS THE TRIBE'S POSITION THAT ECONOMIC INVESTMENTS MADE IN RELIANCE UPON THIS RIGHT DO NOT CREATE IN THE APPROPRIATOR ANY EQUITY OR VESTED RIGHT AGAINST THE TRIBES. THE APPROPRIATOR IS HEREBY NOTIFIED THAT ANY FINANCIAL OUTLAY OR WORK INVESTED IN A PROJECT PURSUANT TO THIS RIGHT IS AT APPROPRIATOR'S RISK. THE ISSUANCE OF THIS RIGHT DOES NOT REDUCE THE APPROPRIATOR'S LIABILITY FOR DAMAGE CAUSED BY THE EXERCISE OF THE RIGHT. IT DOES NOT MAKE THE DEPARTMENT LIABLE FOR DAMAGE CAUSED BY THE EXERCISE OF THE RIGHT. NOR IS THE DEPARTMENT LIABLE FOR ANY LOSS TO THE APPROPRIATOR CAUSED BY THE EXERCISE OF SENIOR RESERVED WATER RIGHTS. June 12, 2019 MNAXLP __________________________