Legals August 29, 2018
No. 25608 NOTICE OF HEARING ON PROPOSED BUDGET ADOPTION NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Flathead County, Montana, acting in the absence of a Fire District Board of Trustees of Hungry Horse Fire District, has completed the Proposed Budget for the 2018-2019 fiscal year and that said budget is on file in the Flathead County Finance Office, 800 South Main, Room 214, Kalispell, Montana. This document is open to public inspection. The Board will meet on the 11th day of September 2018 at 9:30 a.m. for the purpose of holding a public hearing, fixing the final budget, and making appropriations. Said meeting is to be held in the Commissioners' Chambers, located on the third floor of the County Courthouse at 800 South Main in Kalispell, Montana. Any taxpayer or resident may appear at the hearing and will be heard for or against any part of the proposed budget amendment. For further information, please contact Amy Dexter, Finance Director, 800 South Main, Room 214, Kalispell, Montana 59901, Telephone (406) 758-5538. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners' Office prior to the hearing. DATED this 20th day of August, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman August 29, September 5, 2018 MNAXLP __________________________
No. 25625 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: OCTOBER 12, 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 30118123 Owners: ULLA EM KASKI MARK E KASKI PO BOX 27 ROLLINS, MT 59931 Priority Date: JUNE 18, 2018 at 10:40 A.M. Purpose (use): DOMESTIC; LAWN AND GARDEN Maximum Flow Rate:8.00 GPM Maximum Volume: 1.31 AC-FT Maximum Acres: 0.13 Source Name: FLATHEAD RIVER (FLATHEAD LAKE) Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID 1; Govt Lot 3; Qtr Sec NENENW; Sec 29; Twp 25N; Rge 20W; County LAKE Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP Subdivision: WARREN AND EKMANS CRES BCH LTS TRACT/LOT: 4A Purpose (Use): DOMESTIC Households: 1 Volume: 1.00 AC-FT Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: County LAKE ID 1; Govt Lot 3; Qtr Sec NENENW; Sec 29; Twp 25N; Rge 20W Subdivision: WARREN AND EKMANS CRES BCH LTS TRACT/LOT: 4A Purpose (Use): LAWN AND GARDEN Period of Use: APRIL 15 to OCTOBER 15 Volume: 0.31 AC-FT Place of Use: County LAKE ID 1; Total Acres 0.13; Govt Lot 3; Qtr Sec NENENW; Sec 29; Twp 25N; Rge 20W Subdivision: WARREN AND EKMANS CRES BCH LTS TRACT/LOT: 4A August 29, 2018 MNAXLP __________________________
No. 25630 Sean S. Frampton FRAMPTON PURDY LAW FIRM 530 West 19th Street #301 Whitefish, MT 59937 Telephone: (406) 862-9600 Facsimile: (406) 862-9611 E-mail: sean@framptonpurdy.com Attorneys for Plaintiff MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY COLUMBIA RISING, LLC, Plaintiff, -vs- ESTATE OF EDWARD M. BOYLES, Defendant. Cause No. DV-18-846B Judge ROBERT B ALLISON SUMMONS BY PUBLICATION THE STATE OF MONTANA sends greetings to the Defendant ESTATE OF EDWARD M. BOYLES: The above-named Plaintiff has brought an action to quiet title to land situated in Flathead County, Montana, and described as follows: The South Half of the Northwest Quarter (S1/2NW1/4) of Section 8, Township 30 North, Range 20 West, M.M., excepting however, any and all rights of way that may now exist or be established on or across said property or that may have heretofore been conveyed therefrom. 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 each of you in the County wherein you reside, and to file your answer and serve a copy thereof upon the Plaintiffs' Attorney, pursuant to Rule 4(D), M.R.Civ.P., within twenty-one (21) days after the service of this Summons, exclusive of the day of service. Service shall be effectuated following the publication of this Summons three times, once each week for three successive weeks, in a newspaper in Flathead County, Montana. In case of your failure to appear or answer, judgment will be taken against you, by default, for the relief demanded in the Complaint. Witness my hand and the Seal of said Court this day 17th of August, 2018. Clerk of Court By: /s/ CASSANDRA M LOVELESS Deputy Clerk August 29, September 5, 12, 2018 MNAXLP __________________________
No. 25615 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on November 30, 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: A tract of land situated, lying and being in Government Lot 1, Section 29, Township 32 North, Range 23 West, P.M.M. Flathead County, Montana, known as: Parcel B of Certificate of Survey No. 16165. Brian Mattern and Paula Mattern, as Grantor(s), conveyed said real property to MeyMax Agency, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Freedom Mortgage Corporation, as Beneficiary, by Deed of Trust dated on November 2, 2016, and recorded on November 9, 2016 as Document No. 201600024921. The beneficial interest is currently held by Freedom Mortgage Corporation. 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 January 1, 2018, 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 June 17, 2018 is $286,080.25 principal, interest totaling $5,056.37 late charges in the amount of $355.67, escrow advances of $1,325.83, and other fees and expenses advanced of $85.00, 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: July 17, 2018 Kaitlin Ann Gotch Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ss. County of Bingham On this 17 day of July, 2018, before me, a notary public in and for said County and State, personally appeared Kaitlin Ann Gotch, 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. Rae Albert Notary Public Bingham County, Idaho Commission expires: 9-6-2022 Freedom Mortgage Corporation vs Brian Mattern Paula Mattern 105669-1 August 22, 29, September 5, 2018 MNAXLP __________________________
No. 25614 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Kisler & Company, LLC (Members: Amanda Gay Snedigar, Dustin C. Kisler) has applied for transfer of ownership of Montana All-Alcoholic Beverages License No. 15-860-3878-001 to be operated at Vine & Tap, 218 Main Street, Polson, Lake 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 (Lake), residents of adjoining Montana counties (Lincoln, Glacier, Pondera, Teton, Lewis & Clark, Powell, Flathead, 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 (15-860-3878-001) and the applicant's name (Kisler & Company, 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 September 10, 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 Polson. 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. August 22, 29, 2018 MNAXLP __________________________
No. 25632 Public Notice - (Helena, MT) Montana State Parks (stateparks.mt.gov) is seeking public comment on a draft Environmental Assessment (EA) for a proposed Group Site and Group Day Use Relocation at Thompson Falls State Park near Thompson Fall, MT. Comments accepted through Wednesday, September 19, 2018 at 5pm. The proposal would relocate an existing group campsite and replace two failing picnic pavilions. The existing group campsite would be relocated from the upper bench in the northeast area of the park to the lower bench, which is more centrally located and closer to the river. The existing group campsite would be repurposed as a group day use site that would be available to the public to facilitate large events such as weddings and picnics. Both pavilions would provide water and electrical service. The project will also add additional parking spaces for upper group day-use vehicles. The current group site is located in an area that is not level and provides inadequate space for the four- trailer capacity of the group site. The existing group site is underutilized do to these flaws as well as its distance from the Clark Fork River. By moving the campsites closer to the river, and installing a covered picnic pavilion, MSP anticipates higher utilization of the site. The existing picnic pavilions are deteriorated beyond repair, as are the existing picnic table and free-standing charcoal grill that are associated with this site. These amenities would also be replaced. To view a full copy of the environmental assessment visit stateparks.mt.gov and click "Public Notices". The public comment period will be open for 21 days and comments will be accepted through Wednesday, September 19, 2018 at 5pm. The public is invited to comment online at stateparks.mt.gov and click "submit comments" or by email to dbennetts@mt.gov. The public may also send written comments to: Thompson Falls State Park Group Site Project, Montana State Parks, 490 N. Meridian Road, Kalispell, MT 59901. For questions about the draft EA and/or the public comment process, contact Dave Bennetts, Park Manager, Thompson Falls State Park (406) 751-4590 or dbennetts@mt.gov. August 29, 30, 2018 MNAXLP __________________________