Legals November 19, 2017
No. 24859 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 Janet V. Rosenberry to change the zoning designation in a portion of the Echo Lake Zoning District from AG-40 (Agricultural) to SAG-5 (Suburban Agricultural). The boundaries of the area proposed to be amended from AG-40 (Agricultural) to SAG-5 (Suburban Agricultural) are described as: Parcel A of Certificate of Survey No. 8817, the Southeast Quarter of the Southeast Quarter of the Northwest Quarter, and in Government Lot 5, of Section 7, Township 27 North, Range 19 West P.M.M., Fathead County, Montana The regulations defining the AG-40 and SAG-5 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, located at 800 South Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County 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 27th day of November, 2017 at 10:30 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 Echo Lake Zoning District. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing. DATED this 2nd day of October, 2017. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Gary D. Krueger Gary D. Krueger, Chairman November 12, 19, 2017 MNAXLP
No. 24921 NOTICE OF SALE OF PUBLIC PROPERTY BY FLATHEAD COUNTY By the order of the Board of Commissioners of Flathead County, Montana, entered in its minutes of the 25th day of October, 2017, the Board will on December 7, 2017, beginning at 9:00 a.m. of said day, at the Flathead County Commissioner Chambers, 800 South Main Street in the City of Kalispell, in Flathead County, State of Montana, offer for sale at public auction to the highest bidder all right, title and interest, estate, lien, claim, and demand of the County of Flathead in and to the following described real property, formerly the Kalispell Senior Center property, to wit: Assessor #: E030305 403 2nd Ave West, Kalispell, MT 59901 411 2nd Ave West, Kalispell, MT 59901 411 1/2 2nd Ave West, Kalispell, MT 59901 Lots 17 and 18, Block 74 of Kalispell, Montana, according to the plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Board has determined and fixed the fair market value of the property at the amount of $450,000 based on a recent property appraisal. The property is being sold as-is. Questions regarding the property sale or to schedule a showing, contact Linda Pistorese, Flathead Valley Brokers, lindap@fvbmt.com, (406) 752-8883. NO BID BELOW 90% OF FAIR MARKET VALUE IS ACCEPTABLE TERMS OF SALE - CASH - 20% of successful bid due at time of sale, balance due within ten (10) business days or forfeit the 20% down. DATED this 25th day of October, 2017. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Gary D. Krueger Gary D. Krueger, Chairman November 5, 12, 19, 2017 MNAXLP
No. 24958 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, December 5, 2017 beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana A request from Applied Water Consulting, on behalf of Corey Olofson for a conditional use permit for the expansion of a non-conforming use on property located at 5850 U.S. Highway 93 South near Whitefish. The subject property is approximately 9.098 acres in size and zoned SAG-5 (Suburban Agricultural) in the Blanchard Lake Zoning District. The property can legally be described as Tract 1 of Certificate of Survey No. 17131 in Section 12, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, December 5, 2017. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information. Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting Elaine Nelson at the Flathead County Commissioner's Office at 758-5503 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. /s/Mark Mussman Mark Mussman, CFM® Planning Director November 19, 2017 MNAXLP
No. 24960 PUBLIC OPPORTUNITY TO PROTEST ONE NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE The Nest on Swan River, LLC (Michael J. and Pamela M. Roessmann, Owners) has applied for one new Montana All-Alcoholic Beverages License No. 07-999-2668-001 to be operated at The Nest on Swan River, LLC, 600 Three Eagle Lane, Bigfork, 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 (07-999-2668-001) and the applicant's name (The Nest on Swan River, 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 December 20, 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 Bigfork. 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. November 19, 26, December 3, 10. 2017 MNAXLP
No. 24963 NOTICE OF TRUSTEE'S SALE Reference is hereby made to that certain trust indenture/deed of trust ("Deed of Trust") dated 05/27/03, recorded as Instrument No. 436510, mortgage records of LAKE County, Montana in which Michael Munoz and Amy Munoz, husband and wife was Grantor, Wells Fargo Home Mortgage, Inc. was Beneficiary and Lake County Title was Trustee. First American Title Insurance Company has succeeded Lake County Title as Successor Trustee. The Deed of Trust encumbers real property ("Property") located in LAKE County, Montana, more particularly described as follows: Parcel 1: All that portion of the W1/2W1/2E1/2 of Lot 7 and the W1/2W1/2SE1/4NW1/4 lying South of U.S. Highway 93 in Section 2, Township 24 North Range 21 West, P.M.M., Lake County, Montana, and further shown and described as "Parcel C" of Certificate of Survey No. 2496, on file in the office of the Clerk and Recorder of Lake County, Montana. Excepting therefrom those lands acquired by the State of Montana, acting by and through the Department of Highways of the State of Montana, by Judgement and Final Order of Condemnation recorded March 28, 1988 under Microfile No. 311346, Records of Lake County, Montana. Parcel 2: Easement for ingress and egress, as created by Judgement of Final Order of Condemnation, in re The State of Montana, acting by and through the Department of Highways of the State of Montana, plaintiff, -vs- Rebecca E Mattson, as sole owner, defendant, recorded March 28, 1988 under Microfile No. 311346, Records of Lake County, Montana. By written instrument recorded as Instrument No. 536773, beneficial interest in the Deed of Trust was assigned to Bank of America, N.A. Beneficiary has declared the Grantor in default of the terms of the Deed of Trust and the promissory note ("Note") secured by the Deed of Trust because of Grantor's failure timely to pay all monthly installments of principal, interest and, if applicable, escrow reserves for taxes and/or insurance as required by the Note and Deed of Trust. According to the Beneficiary, the obligation evidenced by the Note ("Loan") is now due for the 12/01/13 installment payment and all monthly installment payments due thereafter. As of August 29, 2017, the amount necessary to fully satisfy the Loan was $959,205.27. This amount includes the outstanding principal balance of $731,235.05, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any) and advances for the protection of beneficiary's security interest (if any). Because of the defaults stated above, Beneficiary has elected to sell the Property to satisfy the Loan and has instructed Successor Trustee to commence sale proceedings. Successor Trustee will sell the Property at public auction on the front steps of the Lake County Courthouse, 106 Fourth Ave. E., Polson, MT 59860, City of Polson on January 5, 2018 at 11:00 AM, Mountain Time. The sale is a public sale and any person, including Beneficiary and excepting only Successor Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding at the sale location 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, express or implied, as the sale is made strictly on an as-is, where-is basis. Grantor, successor in interest to Grantor or any other person having an interest in the Property may, at any time prior to the trustee's sale, pay to Beneficiary the entire amount then due on the Loan (including foreclosure costs and expenses actually incurred and trustee's and attorney's fees) other than such portion of the principal as would not then be due had no default occurred. Tender of these sums shall effect a cure of the defaults stated above (if all non-monetary defaults are also cured) and shall result in Trustee's termination of the foreclosure and cancellation of the foreclosure sale. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by the reference. You may also access sale status at www.Northwesttrustee.com or USA-Foreclosure.com. November 19, 26, December 3, 2017 MNAXLP