Monday, November 18, 2024
35.0°F

Legals December 23, 2018

| December 23, 2018 5:10 AM

No. 25871 CITY OF KALISPELL, MONTANA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Kalispell, Montana (the "City") will hold a public hearing on the proposal to establish an Urban Renewal Tax Increment Financing District within a portion of downtown Kalispell on January 7, 2019, at 7:00 p.m., at the Council Chambers in the Kalispell City Hall, 201 1st Avenue East, Kalispell, Montana. The proposal is contained within the Downtown Plan established as an amendment to the City of Kalispell Growth Policy Plan-It 2035 by Resolution No. 5846 on December 4, 2017. The Downtown Plan is available for download on the City of Kalispell website and accessed at: http://www.kalispell.com or may be acquired from the Office of City Clerk at the address stated below. Further information may be obtained from Aimee Brunckhorst, the City Clerk of the City, whose address is Kalispell City Hall, 201 1st Avenue East, Kalispell, Montana, and whose telephone number is (406) 758-7756, mailing address PO Box 1997, Kalispell, Montana, 59903. Any interested persons may appear and be heard at this scheduled public hearing, or may file written comments with the City Clerk, or sent to citycouncil@kalispell.com, prior to such hearing. Dated this 17th day of December, 2018. BY ORDER OF THE CITY COUNCIL Aimee Brunckhorst, CMC, City Clerk December 23, 2018 January 6, 2019 MNAXLP __________________________

No. 25873 J.R. Casillas Datsopoulos, MacDonald & Lind, P.C. 201 W. Main Street, Suite 201 Missoula, MT 59802 Phone: (406) 728-0810 Fax: (406) 543-0134 Email: jrcasillas@dmllaw.com; areiber@dmllaw.com Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN RE THE MATTER OF THE ESTATE LUCY A. RUDE, Deceased. Cause No. DP-18-298A Dept. No.: Hon. Amy Eddy NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Jeffrey L. Hibbert has been appointed as the Personal Representative of the above-named estate. All persons having claims against said deceased are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Jeffrey L. Hibbert, Personal Representative, return receipt requested, in care of Datsopoulos, MacDonald & Lind, P.C., Attn: J.R. Casillas, 201 W. Main St., Suite 201, Missoula, MT 59802, or filed with the Clerk of the above court. DATED this 19th day of December, 2018. /s/ J.R. Casillas J.R. Casillas, Esq. Attorney for Personal Representative December 23, 30, 2018 January 6, 2019 MNAXLP __________________________

No. 25867 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY PLANNING BOARD REGULAR MEETING The Flathead County Planning Board will hold their regular meeting on Wednesday, January 9, 2019 beginning at 6:00 PM in the 2nd floor conference room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. During this meeting, the Board will hold a public hearing to consider the agenda items described below and make a recommendation to the Board of County Commissioners who will take final action. A request from Evergreen Business Center, Inc. with technical assistance from APEC Engineering, Inc. for preliminary plat approval of Hidden Buck Meadows, a proposal to create three (3) commercial lots and fifteen (15) residential lots on approximately 7.18 acres. The proposed subdivision would be served by Evergreen Water and Sewer District and access would be from Highway 2. The property is located within the Evergreen Zoning District immediately south of West Evergreen School and can legally be described as Tract 1-L in Lot 3 and Tract 1LA in the Northeast Quarter of the Northwest Quarter in Section 04, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. A request from Sands Surveying, Inc. on behalf of David & Ruth Fretz for preliminary plat approval of Redtail Ridge, a proposal to create four (4) light industrial/commercial lots on 24.24 acres. The proposed subdivision would be served by individual wells and septic systems and access would be from an interior subdivision road. The property is located at 3945 and 3947 Highway 93 North, near the Flathead County landfill, within the Highway 93 North Zoning District and can legally be described as Lot 1 of Warner Hills Subdivision in Section 01, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana A request by the Planning and Zoning Office for a revisions to the text of the Flathead County Lake and Lakeshore Protection regulations. The revision would change Section 4.3(A)(2)(a)(6) to include boat slips on both sides of a dock. Information regarding this request and the draft revisions are available at the Flathead County Planning and Zoning Office and online at https://flathead.mt.gov/planning_zoning. Written comments can be submitted in person, by mail to 40 11th Street West, Suite 220, Kalispell, MT 59901 or by email at planning.zoning@flathead.mt.gov. The Planning and Zoning Office encourages all comments to be submitted on or before January 9, 2019. Documents and maps pertaining to these agenda items are on file for public inspection in the Flathead County Planning and Zoning Office, South Campus Building, 40 11th Street West, Ste. 220 in Kalispell. All decisions made by the Planning Board are considered recommendations and will be forwarded to the Board of County Commissioners for final action. Please check the County Commissioners page of the County website, http://flathead.mt.gov/commissioner, or contact the Commissioners' office for the scheduled date and time of a particular item. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. For additional information contact the Flathead County Planning and Zoning Office at (406) 751-8200. Written comments are strongly encouraged to be submitted and should be received by the Flathead County Planning & Zoning Office no later than January 9, 2019 @ 5:00 p.m. Please note agenda items are subject to change without notice. Any modifications to agenda items will be posted on the county website, http://flathead.mt.gov/planning_zoning/events.php 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 December 23, 2018 MNAXLP __________________________

No. 25849 December 10, 2018 FLATHEAD COUNTY SOLID WASTE DISTRICT REQUEST FOR PROPOSALS /QUALIFICATIONS Groundwater Monitoring At the Flathead County Landfill Due Date and Time: 1:00 p.m., January 10, 2019 The Flathead County Solid Waste District (District) is required by Federal and State regulatory agencies to conduct groundwater monitoring programs at the Flathead County Landfill. The program requires routine groundwater monitoring and reporting, completion of non-routine services such as installation of new wells and equipment replacement/repair, and the completion of special projects as needed by the District. Because of the magnitude of this work, the District is soliciting proposals/qualifications from qualified consultants to provide the necessary services to assist the District in meeting groundwater monitoring requirements. This RFP/Q includes the following attachments: Attachment A is the (1) Part I - Background and Scope of Work; and (2) Part II - Instructions for Submitting Proposals and How Proposals will Be Evaluated. Attachment B includes the Standard Terms and Conditions that will become a part of any contract that may result from this RFP/Q. This is a competitively negotiated procurement. The District intends to award a contract to the consultant that it determines to be the most advantageous and in its best interest. The District, however, does not have to award a contract if it finds that no proposal meets the requirements described in the RFP/Q. The District may also cancel all or part of this RFP/Q, if the District determines that it is in its best interest to do so. The District may negotiate with one or more consultant if they are determined to be qualified to be considered for contract award. The District may also decide to award a contract without negotiations to a single consultant. No cost is to be submitted with the consultant's proposal. The cost will be negotiated upon selection of a consultant. The District is not required in any event to pay for any costs incurred by the consultant in preparing a proposal in response to this RFP/Q whether or not the consultant is awarded a contract. Interested consultants are invited to submit proposals of not more than 15 pages in length dealing with the criteria listed in Attachment A, Part II, Paragraph 9. The proposals will be evaluated according to the factors listed in Attachment A, Part II, Paragraph 10. One (1) original and five (5) copies of your Proposal must be submitted to FCSWD, 4098 Hwy 93N, Kalispell, MT 59901 no later than 1:00 p.m., January 10, 2019. Late proposals will be returned unopened. AUTHORIZED BY: /S/ David Prunty December 10, 2018 December 16, 23, 2018 MNAXLP __________________________

No. 25866 REQUEST FOR PROPOSALS FOR BREAD SERVICES, EGG SERVICES, DAIRY SERVICES, LAUNDRY SERVICES and PROPANE SERVICES. Kicking Horse Job Corps Center (KHJCC) KHJCC is requesting proposals for Bread Services, Egg Services, Dairy Services, Laundry Services, and Propane Services. These services will be provided at the Center in Ronan, Montana. KHJCC is a Vocational and Educational Facility with students that reside in dormitories on Center. The selection of the successful contractor and award of the contract will be per the provisions of the CSKT's Indian Preference Ordinance 101A. It is the sole responsibility of the bidder to obtain and provide proof of Indian Preference Certification from the IPO. For specific information about the bidding process or to receive a Bid packet please contact the Business Office at KHJC Center at (406) 644-2217. Please specify which service you are interested in. The last day to request Bid packets is Friday January 11th, 2019. Completed Bids must be received EOB Friday January 25th, 2019. Bid opening date is Monday, January 28th, 2019 at 10:00 am at KHJCC. December 23, 30, 2018 MNAXLP __________________________

No. 25841 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on March 11, 2019, 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: Real property in the County of Flathead, State of Montana, described as follows: A TRACT OF LAND IN GOVERNMENT LOT 2, SECTION 24, TOWNSHIP 30 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE NORTH 89°51` EAST ALONG THE SOUTHERLY BOUNDARY LINE OF THE SE 1/4 OF SAID SECTION 24, A DISTANCE OF 211.10 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF A COUNTY ROAD; THENCE NORTH 18°25` EAST ALONG THE EASTERLY BOUNDARY LINE OF SAID COUNTY ROAD, AND PARALLEL WITH THE GREAT NORTHERN RAILROAD TRACTS, A DISTANCE OF 2461.00 FEET TO THE POINT OF BEGINNING OF THE TRACT TO BE HEREIN DESCRIBED; THENCE NORTH 18°25` EAST ALONG THE EASTERLY BOUNDARY OF SAID COUNTY ROAD A DISTANCE OF 278.90 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF 20 FOOT RIGHT-OF-WAY FOR R.E.A.LINE; THENCE NORTH 89°51` EAST ALONG SAID R.E.A. EASEMENT A DISTANCE OF 914.20 FEET TO A POINT; THENCE IN A SOUTHERLY DIRECTION AND ALONG THE WESTERLY SHORELINE OF THE FLATHEAD RIVER, A DISTANCE OF 264.22 FEET, MORE OR LESS, TO A POINT WHICH BEARS NORTH 89°51` EAST A DISTANCE OF 1003 FEET, MORE OR LESS, FROM THE POINT OF BEGINNING; THENCE SOUTH 89°51`WEST A DISTANCE OF 1003.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Gary Bryan, as Grantor(s), conveyed said real property to Charles J Peterson, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for America`s Wholesale Lender, as Beneficiary, by Deed of Trust dated on June 29, 2006, and recorded on July 12, 2006 as Document No. 200619315250. The beneficial interest is currently held by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-25CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-25CB. 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 April 1, 2017, 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 October 31, 2018 is $155,552.82 principal, interest totaling $11,949.66, escrow advances of $6,684.78, and other fees and expenses advanced of $1,844.00, 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: October 16, 2018 Kaitlin Ann Gotch 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 16 day of October, 2018, before me, a notary public in and for said County and State, personally appeared Kaitlin Ann Gotch, known 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: 09/06/2022 Shellpoint Mortgage Serving vs Gary Bryan 103121-2 December 9, 16, 23, 2018 MNAXLP __________________________

No. 25874 Announcement of Availability of Funding. The Montana Council on Developmental Disabilities announces the availability of funding for four (4) Calls for Investment. The first is to perform a Cost Benefit Analysis on the Posture 24-7 project; not to exceed $15,000. Three Calls for Field Initiated projects; not to exceed $15,000 each. For more information contact the Montana Council on Developmental Disabilities, 7 West 6th Avenue, Suite 507, Helena, MT 59601; phone number 406-443-4332 or 406-439-5077(cell). Copies of the Calls for Investment can be found on our website www.mtcdd.org December 23, 30, 2018 MNAXLP __________________________

No. 25869 Notice of Public Hearing on Proposed Amendment of Water Quality Standards Before the Montana Board of Environmental Review and Department of Environmental Quality On February 5, 2019, at 2 p.m., the Board of Environmental Review ("board") and the Department of Environmental Quality ("department") will hold a public hearing in Room 111 at the Metcalf building, 1520 East Sixth Street, Helena, MT, to considered proposed amendments of Administrative Rules of Montana (ARM) 17.24.645, 17.24.646, 17.30.502, 17.30.619, 17.30.702, 17.30.1001, 17.36.345, 17.55.109, 17.56.507, and 17.56.608, pertaining to ground water standards. The proposed amendments are necessary to incorporate by reference proposed changes to Department Circular DEQ-7 ("DEQ-7"). The board and department are proposing to add six new human-health ground water criteria into DEQ-7: diallate; dioxane, 1,4-; iron; manganese; perfluorooctane sulfonate (PFOS); and perfluorooctanoic acid (PFOA). The proposed criteria concentrations are as follows: diallate, 5.5 µg/L; dioxane, 1,4-, 3 µg/L; iron, 4,000 µg/L; manganese, 100 µg/L; PFOS, 0.07 µg/L, PFOA, 0.07 µg/L. The board and department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Sandy Scherer, Legal Secretary, no later than 5:00 p.m., January 29, 2019, to advise us of the nature of the accommodation that you need. Please contact Sandy Scherer at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Sandy Scherer, Legal Secretary, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to sscherer@mt@gov, no later than 5:00 p.m. February 8, 2019. To be guaranteed consideration, mailed comments must be postmarked on or before that date. December 23, 30, 2018 January 6, 2019 MNAXLP __________________________

No. 25876 Notice of Public Hearing on Proposed Amendment of Subdivision, Public Water and Engineering, Water Quality, and Solid Waste Rules Before the Montana Board of Environmental Review and Department of Environmental Quality On January 17, 2018, at 2 p.m., the Board of Environmental Review (board) and the Department of Environmental Quality (department) will hold a public hearing in Room 111 at the Metcalf building, 1520 East Sixth Street, Helena, MT, to consider proposed amendments of ARM 17.30.1001, 17.30.1334, 17.36.103, 17.36.345, 17.38.101, and 17.50.819, adoption of New Rule I, and the amendment of Department Circulars DEQ-1, DEQ-2, DEQ-3 regarding setbacks between water wells and sewage lagoons. The board and department are proposing the referenced rulemaking to address legislative requirements from the 2017 session. Before 2017, Section 75-5-605(1)(c) MCA prohibited any person from siting and constructing a sewage lagoon within 500 feet of an existing water well. In 2017, the Legislature passed House Bill 368, which removed the 500-foot setback and directed the department to adopt rules establishing setback requirements between sewage lagoons and water wells to prevent water well contamination. The department now proposes to adopt New Rule I, which implements HB 368 by establishing setbacks between sewage lagoons and water wells to protect water wells from bacterial and viral pathogens that come from sewage lagoons. The board and department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Sandy Scherer, Legal Secretary, no later than 5:00 p.m., January 10, 2019, to advise us of the nature of the accommodation that you need. Please contact Sandy Scherer at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Sandy Scherer, Legal Secretary, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to sscherer@mt.gov, no later than 5:00 p.m., January 28, 2019. To be guaranteed consideration, mailed comments must be postmarked on or before that date. December 23, 30, 2018 January 6, 2019 MNAXLP __________________________