Legals April 19, 2017
No. 24451 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARING 9th Street West (Hwy 2) Snow Removal Alternatives NOTICE IS HEREBY GIVEN to all persons that the City Council of the City of Columbia Falls, Montana, will hold a public hearing on snow removal alternatives on 9th Street West, also known as Highway 2, traveling east/west through the City. The MT Department of Transportation has proposed berming the snow to the middle of the roadway instead of placing the snow on the adjoining sidewalks, making them impassable in the winter. Alternatively, the City Council has discussed a special fee for the adjoining property owners that would provide funding to hire a contractor to clear the sidewalks on both sides of the roadway. The City Council of Columbia Falls is encouraging public comment on these alternatives and will conduct a public hearing on the snow removal alternatives at the regular meeting of the City Council at 7:00 p.m., on May 1, 2017 in the Council Chambers, 130 6th Street West, Columbia Falls, Montana, at which time and place all persons desiring to be heard on said matter may appear and offer comments on the proposed abandonment. Written comments may be addressed to the City Clerk, 130 6th Street West, Room A, Columbia Falls, Montana 59912 prior to the hearing. DATED THIS 17th DAY OF APRIL, 2017 /s/ Barb Staaland Barb Staaland, City Clerk April 19, 26, 2017 MNAXLP
No. 24433 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: JUNE 2, 2017. 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 30108615 Owners: TWO BEAR PROPERTIES OF WHITEFISH LLC PO BOX 1707 LOS ALTOS, CA 94023 Priority Date: DECEMBER 2, 2016 at 08:20 A.M. Purpose (use): DOMESTIC; LAWN AND GARDEN; OTHER PURPOSE Maximum Flow Rate: 80.00 GPM (40 GPM PUMPED FROM EACH WELL FOR A TOTAL OF 80 GPM) Maximum Volume: 15.30 AC-FT Maximum Acres: 5.00 Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: County FLATHEAD Period of Diversion: JANUARY 1 TO DECEMBER 31 ID 1; Qtr Sec SWNWNW; Sec 22; Twp 31N; Rge 22W Diversion Means: PUMP Well Depth: 1,402.00 FEET Static Water Level: 111.60 FEET ID 2; Qtr Sec SENENE; Sec 21; Twp 31N; Rge 22W Diversion Means: PUMP Well Depth: 748.00 FEET Static Water Level: 134.00 FEET Reservoir: OFF STREAM Reservoir Name OUTDOOR CONNECTED WATER FEATURES/POOLS Qtr Sec NENE; Sec 21; Twp 31N; Rge 22W Surface Area: 0.25 ACRES Current Capacity: 1.00 ACRE-FEET Purpose (Use): DOMESTIC Purpose Clarification: HOME, INDOOR POOL, INITIAL GEOTHERMAL FILL Households: 1 Volume: 2.40 AC-FT Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: County FLATHEAD ID 1; Qtr Sec NENE; Sec 21; Twp 31N; Rge 22W Purpose (Use): LAWN AND GARDEN Volume: 10.10 AC-FT Period of Use: APRIL 15 to OCTOBER 15 Place of Use: ID 1; Qtr Sec NENE; Sec 21; Twp 31N; Rge 22W Total Acres 5.00 Purpose (Use): OTHER PURPOSE Purpose Clarification: OUTDOOR WATER FEATURES (2 FILLS PLUS EVP) Volume: 2.80 AC-FT Period of Use: MAY 15 to OCTOBER 1 Place of Use: ID 2; Qtr Sec NENE; Sec 21; Twp 31N; Rge 22W APRIL 19, 2017 MNAXLP
No. 24446 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on May 15, 2017, 9:00 AM at the main entrance of the Flathead County Justice Center located at 920 Main Street, Kalispell, Montana 59901, the following described real property situated in Flathead County, State of Montana: Lot 29WB of Ross Minor Subdivision, according to the Map or Plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. More commonly known as 139 East Evergreen Drive, Kalispell, MT 59901-2803. Myla S. Heinzen and Jack L. Heinzen, as Grantors, conveyed said real property to Fidelity Nations Title Ins. Co, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of America, N.A., its successors and assigns , by Deed of Trust on October 25, 2010, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on November 5, 2010 as Instrument No. 201000025788, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Bank of America NA Assignment Dated: February 28, 2014 Assignment Recorded: March 3, 2014 Assignment Recording Information: as Instrument No. 201400003772 All in the records of the County Clerk and Recorder for Flathead County, Montana Benjamin J. Mann 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 July 28, 2016 as Instrument No. 201600014965, 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 December 1, 2015, 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 $213,268.19, interest in the sum of $10,663.35, escrow advances of $2,414.14, other amounts due and payable in the amount of $1,450.08 for a total amount owing of $227,795.76, 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 9th day of January 2017. Benjamin J. Mann 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. 47590 April 19, 26, & May 3, 2017 MNAXLP
No. 24427 Jason J. Henderson, #11414 Mackoff Kellogg Law Firm 38 2nd Ave East Dickinson, North Dakota 58601 701-227-1841 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF PATRICIA ANN MELLO, Deceased. Probate No. DP-17-036B NOTICE OF HEARING NOTICE IS HEREBY GIVEN that Jason J. Henderson has filed an Application or Petition to be Formally Appointed as Limited Special Administrator of the Estate of Patricia Ann Mello, which may be examined in the office of the Clerk of this Court. Hearing has been set at the Courtroom of this Court in Kalispell, Flathead County, Montana, on the 24th day of May, 2017, at 1:30 o'clock p.m., at which time and place all interested persons may appear and object. DATED this 7th day of April, 2017. /s/ Jason J. Henderson Jason J. Henderson, #11414 Mackoff Kellogg Law Firm 38 2nd Ave East Dickinson, North Dakota 58601 April 12, 19, 26, 2017 MNAXLP
No. 24443 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP AND LOCATION OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Chelas, LLC (Graciela Valera, Owner) has applied to transfer ownership and location of Montana All-Alcoholic Beverages License No. 07-901-2426-002 to be operated at Casa Mexico Restaurant & Lounge (formerly Vista Linda Catering, 240 Boon Road, Somers, Flathead County), 1600 Highway 93 South, Kalispell, Flathead County, Montana. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location (Flathead), residents of adjoining Montana counties (Lincoln, Glacier, Pondera, Teton, Lewis and Clark, Powell, Missoula, Lake, and Sanders), and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number (07-901-2426-002) and the applicant's name (Chelas, LLC); (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds?The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before May 8, 2017. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Kalispell. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Patty Kautz, Compliance Specialist for the Department of Revenue's Liquor Control Division, at (406) 444-0017 or PKautz@mt.gov. April 19, 26, 2017 MNAXLP
No. 24448 The contents of storage units #002 (Theresia Russell) and unit #304 (Amber Morrison) located at 220 Ridgewood Drive, Kalispell MT. are considered to be abandoned. A sale of the contents will take place on Thursday, April 27th, 2017 unless the delinquent balance owed is paid in full by 5:00PM, Wednesday April 26th. Bids will be accepted from 1PM-4PM. Please call 406-752-0933 to confirm sale or for more information. April 19, 26, 2017 MNAXLP
No. 24403 The Whitefish Convention and Visitors Bureau is seeking the professional services of a public relations firm to work as a collaborative partner in the implementation of a comprehensive program to promote Whitefish, Montana as a premier travel destination to nonresident visitors. For detailed information, contact the WCVB at P.O. Box 4232, Whitefish, Montana 59937 or call 406 862 3390. Email dylan@explorewhitefish.com April 5, 12, 19, 26, and May 3, 2017 MNAXLP