Legals for October, 8 2020
Benjamin J. Mann, 33833674 Lewis N. Stoddard, 60723896 Halliday, Watkins & Mann, P.C. 376 East 400 South, Suite 300 Salt Lake City, UT 84111 Phone: 801-355-2886 Facsimile: 801-328-9714 benjamin@hwmlawfirm.com lewis@hwmlawfirm.com Attorney for Plaintiff HWM File Number: MT10080 MONTANA TWENTIETH JUDICIAL DISTRICT LAKE COUNTY Nationstar Mortgage LLC d/b/a Champion Mortgage Company, Plaintiff, v. Heirs and Devisees of the Estate of Alfred J. Skogen and Heirs and Devisees of the Estate of Mardene E. Skogen and Mission Mountain Country Club Homeowners Association, Inc. and United States of America by and through the Secretary of Housing and Urban Development and Alfred J. Skogen and Mardene E. Skogen, and any person in possession, Defendants. SUMMONS BY PUBLICATION CIVIL NUMBER: DV-20-53 THE STATE OF MONTANA TO THE ABOVE NAMED DEFENDANTS: Heirs and Devisees of the Estate of Mardene E. Skogen; Unknown Heirs and Devisees of the Estate of Alfred J. Skogen; Mardene E. Skogen; and Alfred J. Skogen YOU ARE HEREBY SUMMONED to answer the Complaint in this action, which is filed in the above entitled Court. A copy of same is served upon you. You must file your written answer with the above entitled Court and serve a copy upon the Plaintiff, or Plaintiff's attorney within twenty-one (21) days after the service of this Summons, exclusive of the day of service. Failure to appear and answer will allow judgment to be taken against you by default, for the relief demanded in the Complaint. This action is for foreclosure of real property located in the County of Lake, State of Montana. The real property has an address of 46324 Stagecoach Trail, Ronan, MT 59864-8928, and is more particularly described as follows: Lot 17 of Mission Mountain Country Club - Phase I, a Subdivision of Lake County, Montana, according to the map or plat thereof on file in the office of the Clerk and Recorder of Lake County, Montana. A $70.00 filing fee must accompany the answer at the time of filing. DATED this 17th day of September, 2020. (SEAL) /s/ Terese R. Junts Clerk/Deputy Clerk of the Court Published on October 1, 2020, October 8, 2020, and October 15, 2020. MNAXLP
PUBLIC NOTICE The Board of Lake County Commissioners will hold a public meeting on Monday November 9, 2020, at 10:00 am in the Commissioners Chambers at 106 4th Avenue East, Room 211, Polson, MT 59860, on the resolution below. If you would like to make comment, but cannot attend the meeting, please send comments lakecommissioners@lakemt.gov or by mail to the above address. RESOLUTION OF INTENTION NO 20-24 TO CREATE THE ROCKY POINT ROAD RURAL IMPROVEMENT DISTRICT WHEREAS, the majority of landowners within the proposed Rocky Point Road Rural Improvement District have submitted a petition to the Board of Lake County Commissioners in favor of creating the RID for the purpose of improving a portion of Rocky Point Road; and WHEREAS, that the boundaries of the district shall include all of the benefitted properties as shown in attachments A-D; and WHEREAS, that the nature of the improvement is to pave 2.8 miles of Rocky Point Road and 0.2 miles of White Swan Road; and WHEREAS, that the Lake County Road Department shall provide all labor, equipment, and material with the exception of plant mix asphalt, as described in the attached quote from Lake County Road Supervisor (Attachment E); and WHEREAS, that an estimate of the cost to the freeholders is approximately $520,000.00, which includes $91,000.00 of County supplied labor, equipment and additional material, plus a onetime administration fee of $2,500.00; and shall be assessed on a per tax ID basis, (if one owner has more than two tax id #'s under the same name, they shall be assessed no more than two assessments); the approximate cost per tax id# is $1,917.78; and WHEREAS, if the RID passes, each landowner will have the option to prepay the costs associated up front, to avoid interest, or, they may have the amounts assessed on their annual tax bill for a period of 10 years, beginning November of 2021; WHEREAS, that the County has currently advertised a "Request for Proposal" for the financing of the project; with a repayment schedule of 10 years; and WHEREAS, the Board of Lake County Commissioners will hold a public hearing on Monday, November 9, 2020 at 10:00 am in the Commissioners Chambers at the Lake County Courthouse, for the purpose of taking public comment for or against the creation of the RID; and WHEREAS, any person affected may appear and be heard for or against the RID. If you are a landowner protesting the RID, you must submit your protest in writing, to the Board of Lake County Commissioners at 106 4th Avenue East, Polson, MT 59860 or to lakecommissioners@lakemt.gov; and NOW THEREFORE BE IT RESOLVED, that the passage of this Resolution shall be published for two consecutive weeks in the Lake County Leader. A 30 day protest period will begin on the first date of publication (October 1, 2020) A copy of this notice shall be mailed to every property owner within the proposed district at his last known address, on the first date of publication. PASSED AND ADOPTED THIS 24th day of September, 2020. BOARD OF LAKE COUNTY COMMISSIONERS /s/ William D. Barron, Chairman /s/ Dave Stipe, Member /s/ Gale Decker, Member Attest: /s/ Paula A. Holle, Clerk & Recorder Published on October 1, 2020, and October 8, 2020. MNAXLP
REQUEST FOR PROPOSAL The Lake County Commissioners, 106 4th Ave East, Polson, Montana are seeking proposals for funding an improvement district project in Lake County to install road surface improvements upon 15850 ----- feet of Rocky Point Road and White Swan Road maintained by Lake County, Montana. The proposal should include interest rate, any other fees, and a statement of availability of funds for an estimated start date of June, 2021. A payment schedule of 10 years or should be included, and prepayment without penalty should be allowed. The proposed sum needed for funding is $429,000.00. Please submit sealed proposals by 5pm, October 26, 2020, to the Lake County Commissioners, 106 4th Avenue East, Polson, Montana. Proposals will be opened and considered by the Board of Lake County Commissioners. Lake County reserves the right to reject any or all proposals. Dated this 25th day of September, 2020. /s/ William D. Barron Lake County Commissioners Published on October 1, 2020, and October 8, October 15, 2020. MNAXLP
The Board of Lake County Commissioners will hold a public hearing on Tuesday, October, 27, 2020 at 1:30 pm in the Commissioners Chambers located within the Lake County Courthouse Room 211 at 106 4th Avenue East, Polson, MT 59860 for the purpose of taking public comment on the Resolution listed below. Anyone who would like to submit comment, but cannot attend the meeting in person, may send comment to lakecommissioners@lakemt.gov or call, 406.883.7204. For more information, please contact the Commissioner's Office at the number listed above. RESOLUTION OF INTENTION 20-25 A RESOLUTION TO INCREASE THE ANNUAL FEE FOR SERVICE AND PROVIDE AN ANNUAL INFLATIONARY ADJUSTMENT FOR THE LAKE COUNTY SOLID WASTE MANAGEMENT DISTRICT Whereas, 75-10-112, MCA, allows Lake County to plan, develop and implement a solid waste management system, and Whereas, 7-13-4108, MCA, grants Lake County the authority to charge for solid waste services, and, Whereas, the Board of Directors for the Lake County Solid Waste District has determined the current annual fee of $160.00 is inadequate to maintain district services, and Whereas, operational expenses are increasing due to increasing waste volumes, personnel costs, state fees, regulatory compliance costs and the addition of future services, and Whereas, there is a need to prevent reductions in service the Lake County Solid Waste Board of Directors recommend increasing the annual fee for service $20.00, from $160.00 to $180.00 per family residential unit. It is also their recommendation to increase this fee annually through the application of a factor derived from a rolling 3 year average of the annual CPI, as published by the United States Bureau of Labor. Whereas, the Lake County Landfill is anticipated to close in approximately 6 years, and following the Montana Department of Environmental Quality's approval of the final closure, fees will be recalculated to provide the appropriate Solid Waste Annual Fee. Now therefore be it resolved that the Board of Lake County Commissioners will hold a public hearing on Tuesday October 27, 2020 at 1:30 pm, in the Commissioners Chambers of the Lake County Courthouse, for the purpose of taking public comment on the intention of Lake County Solid Waste Management District Fee increasing from the current $160.00 to $180.00 per family residential unit with an annual CPI increase derived from a rolling 3 year average based on the United States Bureau of Labor. PASSED AND ADOPTED THIS 5TH DAY OF OCTOBER, 2020. BOARD OF LAKE COUNTY COMMISSIONERS /s/ William D. Barron, Chairman /s/ Dave Stipe, Member /s/Gale Decker, Member Attest: /s/Paula A. Holle, Clerk & Recorder Published on October 8, 2020, and October 15, 2020. MNAXLP
Notice of November 3, 2020 General Mail Ballot Election; Notice of Close of Regular Voter Registration and Option for Late Registration Notice is hereby given that in Lake County on November 3, 2020, a General Election will be held for the purpose of electing federal, state and county candidates. The election will be conducted by mail ballot. Postage is pre-paid on mail ballot return envelopes. All active and inactive electors of Lake County are entitled to vote in the election. Ballots will be mailed to active electors only, beginning on October 9, 2020. Voted ballots must be received in the Lake County Election Office by 8 pm on Election Day (November 3rd) in order to be counted. Postmarks cannot be accepted. If you do not receive a ballot, contact the elections office at 406-883-7268 for instructions on how to register or update your registration to receive a ballot. No polling places will be open on Election Day (November 3rd). In-person registration, voting and ballot drop-off is available at the county elections office located at the Lake County Courthouse, 106 4th Ave E, Polson, MT between the hours of 8 am and 5 pm, Monday - Friday. The election office will be closed on October 12th due to the Federal Holiday and will have extended hours from 7 am - 8 pm on Election Day (November 3rd). Regular* registration for the election will close at 5:00 pm on Monday, October 26, 2020. To request the voter registration application, please call the elections office at 406-883-7268. If you have moved, please update the registration information by completing the voter registration application and submitting it to the county election office. If you miss the October 26th regular registration deadline, you may stay still register for the election by appearing in person at the county election office up to and including on Election Day (November 3rd). Between noon and 5 pm the day before Election Day, you can complete and submit a voter registration application, but you will need to return to the election office on Election Day to pick up and vote a ballot. Call the elections office at 406-883-7268 or email kharding@lakemt.gov if you have questions or need assistance with voter registration and voting. Voters may check their voter status, track their ballot or download a sample ballot at https://app.mt.gov/voterinfo/. DATED this 2nd day of September, 2020 /s/Katie Harding Election Administrator Lake County, Montana Published on October 1, 2020, October 8, 2020, and October 15, 2020. MNAXLP
NOTICE OF PUBLIC HEARING LAKE COUNTY BOARD OF HEALTH The Lake County Board of Health hereby gives notice that David Lowe, owner of Lot 2A, Block 1 of Shore Acres Subdivision (retraced as Certificate of Survey #6930) located in Section 20, Township 26 North, Range 19 West P.M.M., is requesting a variance from requirements contained in the Administrative Rules of Montana Sub-Chapter 9, Subdivisions/On-Site Subsurface Wastewater Treatment Systems, which are adopted by reference in the Lake County Wastewater Treatment System Regulations. The property owner is requesting a variance to locate a replacement holding tank approximately 50 feet from The Raven Bar (PWS#MT0000996) public water supply, which does not meet the required minimum setback of 100 feet from a public drinking water supply for a sealed wastewater system component. The replacement holding tank is also approximately 15 feet from the on-site individual drinking water well serving the existing residence, which does not meet the required minimum setback for 50 from an individual drinking water supply for a sealed wastewater system component. The Lake County Board of Health will meet and consider this variance on Tuesday, October 20, 2020, at 1:30 p.m. in the conference room of the Lake County Public Health Office Building located at 802 Main Street, Polson. All interested persons are invited to attend. Written testimony regarding this matter will be accepted until the time of the hearing. Comments may be mailed to and additional information may be obtained from Lake County Environmental Health, 106 4th Avenue East, Polson, MT 59860, 406-883-7236 Phone, 406-883-7205 FAX, envhealth@lakemt.gov Published on October 8, 2020, and October 15, 2020. MNAXLP
PATRICK G.N. BEDDOW PATTEN, PETERMAN, BEKKEDAHL, & GREEN, PLLC THE FRATT BUILDING 2817 2ND AVE. NORTH, STE. 300 BILLINGS, MT 59101 TELEPHONE: (406) 252-8500 pbeddow@ppbglaw.com Attorneys for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF DENNIS DWIGHT SPENCE, Deceased. Probate No. 20-55 Hon. Deborah Kim Christopher Judge of District Court 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 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 the Personal Representative, RACHEL HUNGARY, return receipt requested, c/o Patrick G.N. Beddow, 2817 2nd Avenue North, Suite 300, Billings, Montana 59101, or filed with the Clerk of the above Court. /s/ Rachel Hungary_ RACHEL HUNGARY, Personal Representative c/o Patrick G.N. Beddow P.O. Box 1239 Billings, Montana 59103-1239 STATE OF COLORADO ) : ss. COUNTY OF RACHEL HUNGARY, being first duly sworn, on oath, deposes and says: That I have read the foregoing and that the facts and matters contained therein are true, accurate and complete to the best of my knowledge and belief. /s/ Rachel Hungary RACHEL HUNGARY, Personal Representative SUBSCRIBED AND SWORN to before me this 18th day of August, 2020, by RACHEL HUNGARY, Personal Representative of the Estate of Dennis Dwight Spence. (SEAL) /s/ Deepika Jassal NOTARY PUBLIC for the State of Colorado PATTEN, PETERMAN, BEKKEDAHL & GREEN, PLLC By: /s/ Patrick G.N. Beddow Patrick G.N. Beddow Published on September 24, 2020, October 1, 2020, and October 8, 2020. MNAXLP