Legal Ads for April 22, 2020

PUBLIC NOTICES

Resolution #1920

RESOLUTION REGARDING PROPOERTY ABANDONED, OBSOLETE, UNDESIRABLE OR UNSUITABLE FOR SCHOOL PURPOSES OF THE DISTRICT

The Trustees of School District No. 12 A & B have determined that the following real and personal property of the district, located at 321 Hwy 243, Saco, Montana, is obsolete, unsuitable or not needed any longer for school purposes of School District No. 12 A & B.

2010 Ic Corporation Bus (Bus #2), 52 passenger, air brakes, 72,784 miles, excellent condition

The subject property is obsolete, unsuitable or not needed any longer for school purposes.

As provided in § 20-6-604, MCA, the Trustees of School District No. 12 A & B hereby resolve to sell or dispose of the property identified above.

The Trustees of School District No 12 A & B further resolve that notices of the resolution shall be published on April 22, 2020 and April 29, 2020 in the Phillips County News newspaper.

This resolution shall become effective 14 days after publication of the second notice identified in the immediately preceding paragraph, unless appealed to the district court by a taxpayer in compliance with and as provided in § 20-6-604, MCA.

Adopted by the Board of Trustees of School District No. 12 A & B this 14th day of April, 2020.

If you would like to come look at the Obsolete Item and place bid, please call the School at 406-527-3531. Minimum bids are starting at $15,000.00

Donni Linn, Board Chair, School District No. 12 A&B

Attest: Mandy Sunford, Business Manager/District Clerk

(Published by Phillips County News 04/22, 04/29/2020)

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PUBLIC NOTICE

WMR FY20-619

The Department of Environmental Quality (DEQ) is accepting public comments specific to new underground storage tanks to be installed in Turner, Montana at the proposed Ezzies Turner Bulk Plant. This is only a summary of the proposed project. The entire Environmental Assessment (EA) can be viewed at http://deq.mt.gov/Land/ust/ea .

DEQ has prepared the following Environmental Assessment (EA) as required by the Montana Environmental Policy Act (sections ARM 17.4.607(2) and ARM 17.4.609(2)). This project involves installing one 12,000 dual-compartment Xerxes FRP double-walled Underground Storage Tank (UST) containing regular unleaded gasoline (8,000-gallon compartment) and premium unleaded gasoline (4,000-gallon compartment)t; one 12,000 dual-compartment Xerxes FRP double-walled UST containing clear diesel # 2 (8,000-gallon compartment) and clear diesel # 1 (4,000-gallon compartment), and one 12,000 dual-compartment Xerxes FRP double-walled UST containing dyed diesel # 2 (8,000-gallon compartment) and dyed diesel # 1 (4,000-gallon compartment). All of the UST systems will utilize secondarily contained Franklin Fueling Systems APT XP secondary contained double-walled flexible pipe. The proposed project will add six (6) new UST systems to the newly developed Ezzies Turner Bulk Plant, located at 30130 Turner Rd, Turner, MT 59542.

Specific installation plans include the following materials and monitoring systems: Tank(s): This project involves installing the following six (6) tanks: 8,000-gallon regular unleaded gasoline, 4,000-gallon premium unleaded gasoline, 8,000-gallon clear diesel # 2, 4,000-gallon clear diesel # 1, 8,000-gallon dyed diesel # 2, and 4,000-gallon dyed diesel # 1. All six tanks will be Xerxes Fiberglass Reinforced Plastic (FRP) double-walled UST systems. Each tank will be utilized by Ezzies Turner Bulk Plant as a petroleum re-fueling site. Piping: All product piping associated with this project will be Franklin Fueling Systems APT XP secondary contained double-walled flexible pipe. Approximately 650 feet of double- walled Franklin Fueling Systems APT XP piping will be utilized in this project. Sumps: ZCL Xerxes fiberglass tank-top sumps will be installed around each tank’s submersible turbine pump. Franklin Fueling Systems Large Mouth Polyethylene under-dispenser containment sumps will be installed under each dispenser. Each tank and piping system will be continuously monitored. Monitoring will be accomplished via internal tank probes, interstitial tank sensors, as well as continuous sensor monitoring in all containment sumps and electronic line leak detection with programmed 0.2 gph shutdown rate for each of the piping runs. A Franklin Fueling Systems TS-550 EVO automatic tank gauge (ATG) will continuously monitor all operational parameters.

DEQ prepares EAs to examine and document the effects of a proposed action on the quality of the human and physical environment. After a ten-day public comment period, DEQ will consider the substantive comments received in response the EA and proceed with one of the following actions: a) determine that an Environmental Impact Statement (EIS) is necessary; b) determine that the EA did not adequately reflect issues raised by the proposed action and issue a revised EA; or c) determine that further environmental analysis is not necessary and make a final decision on the proposed action with any modification deemed necessary as a result of analysis in the EA and public comment.

If you care to comment on this proposed project or the attached EA, please write or email the Waste Management and Remediation Division. Comments must be in writing and must be received by April 28, 2020. Our email address is [email protected] and our mailing address is DEQ/UST,

PO Box 200901, Helena, MT 59620-0901.

(Published by Phillips County News 04/22/2020)

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Zachary M. Lipszyc

Helland Law Firm, pllc

217 5th Street South

P.O. Box 512

Glasgow, Montana 59230

Telephone: (406) 228-9331

Fax: (406) 228-9335

E-mail: [email protected]

Attorneys for Plaintiffs

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, PHILLIPS COUNTY

DEBBIE TUNGLAND, DON GUNDERSON JR., SHELLEY KLAHR, TERRY VOXLAND, MARY WICKUM, and JEFFREY SOLBERG,

Plaintiffs,

vs.

the unknown heirs, devisees and creditors of EDNA SATHRUM, deceased; the unknown heirs, devisees and creditors of MABEL GUNDERSON, deceased; the un-known heirs, devisees, and creditors of any Defendant who may be deceased: and any and all persons unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance on the real property described in the Complaint, or any part thereof, adverse to Plaintiff’s ownership, or any cloud upon Plain-tiff’s title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued,

Defendants.

Cause No. DV-2020-10

SUMMONS FOR PUBLICATION

THE STATE OF MONTANA, to the above-named Defendants and to all other persons unknown:

EDNA SATHRUM MABEL GUNDERSON

Address unknown; Address unknown;

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 attorneys hereinabove named 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 is brought for the purpose of quieting title to the land situated in Phillips County, Montana and described as follows:

TOWNSHIP 29 NORTH, RANGE 26 M.P.M.

Section 25: S½S½

Section 26: Lots 2, 3, & 4

Section 35: Lot 1

For further particulars, reference is hereby made to the Complaint in the above entitled action on file in the office of the Clerk of the above entitled Court.

WITNESS my hand and seal of said Court this 8th day of April, 2020.

/s/ Tami R Christofferson

CLERK OF THE DISTRICT COURT

(Published by Phillips County News 04/22, 04/29, 05/06/2020)

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Notice of 2020 Mobile Home Taxes Due

All of 2020 Mobile Home tax statements in Phillips County have been mailed. The first half of 2020 Mobile Home taxes are due by 5:00 p.m. on or before May 31, 2020 and the second half taxes are due by 5:00 p.m. on or before November 30, 2020. If the first and second halves are not paid, the amount payable is delinquent and draws interest at the rate of 5/6 of 1% a month after the delinquency until paid and 2% must be added to the delinquent taxes as a penalty.

(MCA 15-16-102)

Jean Mavencamp

Phillips County Treasurer

406-654-1742

(Published by Phillips County News 04/22, 04/29/2020)

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PUBLIC NOTICE

Notice to Water Users (Pursuant to Section 85-2-307, MCA)

The following application has been submitted to change a water right in the State of Montana.

THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION TO CHANGE A WATER RIGHT. 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: MAY 29, 2020. 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 222 SIXTH STREET SOUTH, PO BOX 1269, GLASGOW, MT 59230-1269 FAX: 406-228-8706 PHONE: 406-228-2561.

Application Number: 40M 30117168

Applicant: BEAVER CREEK RANCH LLC

22270 WHITE PEAKS DR

BEND, OR 97702 9287

WATER RIGHT NUMBER(S) BEING CHANGED

Water Right Type: STATEMENT OF CLAIM

Water Right Number: 40M 182841-00

Priority Date: DECEMBER 31, 1950

Historical Flow Rate: 33.4 CFS

Historical Consumptive Volume: 224.70 AC-FT

Historical Diverted Volume: 299.70 AC-FT

PAST USE OF WATER: THIS RIGHT HAS HISTORICALLY BEEN USED TO FLOOD IRRIGATE 228.6 ACRES IN SECTIONS 5, 6 AND 7 OF TOWNSHIP 31N RANGE 33E PHILLIPS COUNTY.

PROPOSED CHANGE: THE APPLICANT IS PROPOSING TO CHANGE THE PURPOSE, PLACE OF USE, POINT OF DIVERSION(S), AND ADD STORAGE. THE CHANGE IN PURPOSE WOULD ADD WETLAND AS A BENEFICIAL USE. THE PROPOSED CHANGE IN POINT OF DIVERSION WOULD ADD TWO POINTS OF DIVERSION. THE CHANGE TO THE PLACE OF USE WOULD RETIRE 44.8 ACRES IRRIGATION WHILE CONTINUING TO IRRIGATE 183.8 ACRES AND ADDING 37.7 ACRES OF WETLANDS. ALL OF THE PROPOSED INFRASTRUCTURE WAS CONSTRUCTED IN 2010. THIS CHANGE APPLICATION IS NOT PROPOSING ANY CONSTRUCTION. THE NEW PURPOSE IS PROPOSED TO BE THE ADDITION OF THREE EXISTING WETLANDS CONSTRUCTED UNDER CHANGE AUTHORIZATION 40M 30044987. THE NEW PROPOSED POINTS OF DIVERSION ARE EXISTING PUMPSITE IN THE SESWNE OF SEC 6, T31N, R33E & NWSESE SEC 31, T32N, R33E PHILIPS COUNTY. THE NEW PROPOSED PLACE OF USE AND STORAGE ARE THE EXISTING WETLANDS IS IN THE N2NWNE SEC 6, T31N, R33E, SWSE SEC 31, T32N, R33E, E2W2NE SEC 6, T31N, R33E, SWNWNE SEC 7, T31N, R33E, AND SENENW SEC 7, T31N, R33E, ALL IN PHILLIPS COUNTY.

(Published by Phillips County News 04/15/2020)

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EDWARD A. AMESTOY,

Cole, Amestoy & O'Brien, PLLP

113 South 2nd Street West

P.O. Box 1280

Malta, Montana 59538

Phone: (406) 654-2541

Attorney for Personal Representative

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, COUNTY OF PHILLIPS

IN THE MATTER OF THE ESTATE

OF

CALVIN E. KOLCZAK, JR.,

Deceased.

Probate No. DP-2020-05

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, return receipt requested, to: Janice Emerson, Personal Representative, c/o Cole, Amestoy & O'Brien, P.O. Box 1280, 113 South 2nd Street West, Malta, Montana 59538, or filed with the Clerk of the above Court.

DATED this 11th day of March, 2020.

/s/ Janice Emerson,

Personal Representative

(Published by Phillips County News 04/08, 04/15, 04/22/2020)

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Baxter L. Waters

P.O. Box 165

Saco, MT 59261

406-390-2107

Petitioner appearing without a lawyer

MONTANA 17TH JUDICIAL DISTRICT COURT PHILLIPS COUNTY

In re the Parenting of: T., O., & I.,

Baxter Louis Waters,

Petitioner,

and

Ashley Marie Waters,

Respondent.

Case No: DR-2019-13

Summons for Publication

NOTICE TO: Respondent Ashley Marie Waters.

You are named in a petition to get a final parenting plan for your children. Unless you respond in 21 days, the court may decide against you without you being heard and give Petitioner everything asked for in the petition. You must submit your written response within 21 calendar days. The 21-day period starts the day after the last date of publication of this notice. If the final day falls on a weekend or court holiday, you may file your response on the next business day.

You must file your written response with the Clerk of Distirct Court at: Phillips County and serve a copy of your answer on the Petitioner.

Dated this 9th day of March, 2020.

/s/ Tami R. Christofferson

Clerk of Court

(Published by Phillips County News 04/08, 04/15, 04/22/2020)

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