Legals December 20, 2017
No. 24943 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request by Scott A. Moore with technical assistance from Sands Surveying to change the zoning designation in a portion of the Westside Zoning District from SAG-10 (Suburban Agricultural) to I-1 (Light Industrial). The boundaries of the area proposed to be amended from SAG-10 to I-1 are described as: Tract 1 of COS 20567, a tract of land in the Northwest Quarter of the Northeast Quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and I-1 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Flathead County Commissioners, located at 800 South Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 Eleventh Street West, Kalispell, Montana, and on the Planning and Zoning Office's website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on for file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 2nd day of January, 2018 at 10:00 o'clock a.m. in the Commissioners' Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the text of the Flathead County Zoning Regulations. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing. DATED this 6th day of November, 2017. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Gary D. Krueger Gary D. Krueger, Chairman December 13, 20, 2017 MNAXLP
No. 24997 RURAL FIRE DISTRICT BOARD VACANCIES The Flathead County Board of Commissioners is seeking individuals interested in serving on the Bigfork Rural Fire District or the South Kalispell Rural Fire District. There is one vacancy in each District to fill an unexpired term through May 31, 2018. Please note that you must be a registered elector residing in the District to which you are applying in order to be considered for the position. Letters of interest are being accepted through 5:00pm on Friday, January 5, 2018 for these opportunities and should be sent to: Clerk to the Board of County Commissioners, 800 South Main, Room 302, Kalispell, MT 59901. Letters can also be faxed to 758-5861 or emailed to malbertson@flathead.mt.gov. For more information, please call 758-5537. December 13, 20, 2017 MNAXLP
No. 25000 CALL FOR BIDS Notice is hereby given that the Board of County Commissioners of Flathead County, Montana will receive bids for legal advertising. Bids are to be submitted on percentage of Code prices as outlined in the Montana Code Annotated, Section 7-5-2401, et seq., and the Administrative Rules of Montana, Section 2.67.301, et seq. Bidders shall bid by section. Each company must provide a bid security in the amount of one thousand dollars ($1,000.00) with its bid. This is to secure the bidder's express covenant that if the bidder is awarded the contract, the bidder will, within ten (10) days, enter into a formal contract for the provision of legal advertising. The bid security shall be payable to Flathead County and shall be in the form of lawful money of the United States, as a cashier's check, certified check, bank money order, or bank draft issued by a Montana bank, or a bid bond executed by a surety corporation authorized to do business in Montana. The bidder shall include with his bid a signed contract, which will be for a term of one (1) year, commencing in January of 2018 and terminating December 31, 2018. The successful bidder will be required to furnish a bond in the amount of two thousand dollars ($2,000.00) signed by sufficient sureties to secure the contractor's covenant to faithfully perform all of the conditions of the contract in accordance with the law and that contract. All sealed bids, plainly marked "SEALED BID - LEGAL ADVERTISING" must be in the hands of the Clerk to the Board of Commissioners, 800 South Main Street, Room 302, Kalispell, Montana 59901, at or before 12:00 o'clock p.m. on Friday, December 29, 2017. Bids will be opened and read at 9:00 o'clock a.m., scheduled as Item C, on January 2, 2018 during the meeting in the Commissioners' Chambers, located on the third floor of the County Courthouse in Kalispell, Montana. Flathead County reserves the right to accept or reject any bid and to waive any irregularities which are deemed to be in the best interest of the County. Preference will be given to bidders who will receive legal advertising text via electronic transmission. The award of bid will be made solely by the issuance of a letter of award to the successful bidder by the Board of County Commissioners. DATED this 12th day of December, 2017. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Gary D. Krueger Gary D. Krueger, Chairperson December 13, 20, 2017 MNAXLP
No. 25018 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: FEBRUARY 2, 2018. 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 30112580 Owners: BRADLEY P MARTENS ELIZABETH R MARTENS 1004 COOPER ST MISSOULA, MT 59802 Priority Date: OCTOBER 3, 2017 at 08:15 A.M. Purpose (use): DOMESTIC; LAWN AND GARDEN Maximum Flow Rate:25.00 GPM Maximum Volume: 1.50 AC-FT Maximum Acres: 0.20 Source Name: BLAINE CREEK (LAKE BLAINE) Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID 1; Qtr Sec SENWNW; Sec 36; Twp 29N; Rge 20W; County FLATHEAD Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP Purpose (Use): DOMESTIC Households: 1 Volume: 1.00 AC-FT Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: ID 1; Qtr Sec SENWNW; Sec 36; Twp 29N; Rge 20W; County FLATHEAD Purpose (Use): LAWN AND GARDEN Volume: 0.50 AC-FT Period of Use: APRIL 20 to OCTOBER 10 Place of Use: ID 1; Qtr Sec SENWNW; Sec 36; Twp 29N; Rge 20W; County FLATHEAD December 20, 2017 MNAXLP __________________________
No. 25007 NOTICE OF BOARD POSITION VACANCIES MAKE A DIFFERENCE IN YOUR COMMUNITY Flathead County is seeking individuals who want to make a difference in their community by filling vacancies on various Boards. Letters of interest are being accepted for a limited number of openings on the following Boards: Flathead County Board of Adjustment, Flathead County Planning Board, Columbia Falls City-County Planning Board and Zoning Commission, Whitefish City Planning Board, Ashley Lake Land Use Advisory Committee, Helena Flats Land Use Advisory Committee, LaBrant-Lindsey Land Use Advisory Committee, Little Bitterroot Lake Land Use Advisory Committee, Riverdale Land Use Advisory Committee, Rogers Lake Land Use Advisory Committee and the West Valley Land Use Advisory Committee. All positions are appointed by the Board of County Commissioners. TO APPLY FOR ANY OF THESE POSITIONS: Letters of interest (please specify which board/committee you are applying for) including name, physical address, mailing address, daytime phone number and qualifications should be submitted to: Mary Fisher Flathead County Planning & Zoning Office South Campus Building 40 11th Street West, Ste 220 Kalispell, MT 59901 All letters of interest should be received by 5:00 p.m. on Tuesday, January 2, 2018. For additional information and specific qualifications please call 751-8200 or visit our website: flathead.mt.gov/planning_zoning December 16, 20, 24, 27, 31, 2017 MNAXLP _________________________
No. 25005 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on April 9, 2018, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell MT 59901, the following described real property situated in Flathead County, Montana: LOT 59 OF GREENACRES WEST UNIT NO. 2, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA Josh Micone and Jennifer Micone, as Grantor(s), conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems Inc., as nominee for Glacier Bank, as Beneficiary, by Deed of Trust dated on November 6, 2009, and recorded on November 6, 2009 as Document No. 2009-00031144. The beneficial interest is currently held by JPMorgan Chase Bank, National Association. First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning May 1, 2016, 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. The total amount due on this obligation as of November 30, 2017 is $148,871.99 principal, interest totaling $12,406.00, escrow advances of $4,024.42, suspense balance of $-35.93 and other fees and expenses advanced of $4,949.11, plus accruing interest, late charges, and other costs and fees that may be 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 Grantors. 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, at any time prior to the trustee's sale, may 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 thereby cure the default. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: November 28, 2017 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ss. County of Bingham On this 28 day of November 2017, before me, a notary public in and for said County and State, personally appeared Rae Albert know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Kaitlin Ann Gotch Notary Public Bingham County, Idaho Commission expires: 07/29/2022 J P Morgan Chase Bank, N.A. vs JENNIFER L MICONEJOSH J MICONE 102071-4 December 13, 20. 27, 2017 MNAXLP __________________________
No. 25002 PUBLIC OPPORTUNITY TO PROTEST ONE NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Stoner Road North, LLC (Member: Bettina C. Patyk) has applied for one new Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-999-2455-002 to be operated at Beargrass Bistro, 306 Stoner Loop, Unit 3, Lakeside, Flathead County. The public may protest this new license 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 & Clark, Powell, Lake, 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 (07-999-2455-002) and the applicant's name (Stoner Road North, 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 January 15, 2018. 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 Lakeside. 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. December 13, 20, 27, January 3, 2017 MNAXLP