Legals July 1, 2018
No. 25464 SECTION 00100 INVITATION TO BID Separate sealed bids for construction of Nucleus Ave Pedestrian Safety Improvement Project will be received by City of Columbia Falls at the office of City of Columbia Falls City Council Chambers 130 6th Street West, until 3:00 PM local time on July 10, 2018, and then publicly opened and read aloud. All sealed Bids shall be address to the City Manager, 130 6th Street West, Room A, Columbia Falls, MT, 59912 and titled Nucleus Ave Pedestrian Safety Improvement Project. The project generally consists of, but is not necessarily limited to, the following major items: Pedestrian safety improvements at the intersections of Nucleus Ave at 6th Street, Nucleus Ave at 7th Street, and 6th Street East at 1st Ave East. Construction will include removal of existing concrete and asphalt, placing new concrete sidewalk, curb and gutter, stormwater improvements and incidental asphalt paving and landscaping. The project consists of three (3) bid schedules for the work. The Contract Documents consisting of half-size Drawings and Project Manual may be viewed or obtained by either electronic documents on-line, or a hard copy at the office of Morrison-Maierle, Inc., . Only firms obtaining documents by these methods will be placed on the Planholders List. Complete electronic Project Plans, Project Specifications, and Bid Proposal Packet are available at the Morrison-Maierle, Inc. website "www.m-m.net" by clicking on the "Project Bidding" tab, then "Browse Current Projects" and selecting this project from the project list which will direct you to the QuestCDN website. Documents can only be viewed and cannot be downloaded or printed without purchasing. To purchase and download the project documents in pdf format, click "Download Project PDF" and sign on to QuestCDN.com. Plan documents and the Bid Proposal Packet can be downloaded for a fee of $30.00. Please contact QuestCDN at 952-233-1632 or email "info@questcdn.com" for assistance in the free membership registration, downloading documents, and working with this digital project information. A hard copy set of project documents may be obtained from the office of Morrison-Maierle, Inc., for a non-refundable price of $100.00 for each complete set shipped by standard delivery. Payment of an additional $25.00 is required for express mail. In addition, the Drawings and Project Manual may also be examined at the following locations: City of Columbia Falls, Public Works Department and the offices of the consulting engineer, Morrison-Maierle, Inc., at 125 Schoolhouse Loop, Kalispell, Montana; Montana Plan Exchanges at Montanabid.com. There will be a Pre-Bid Conference at the office of City of Columbia Falls, Public Works Department, at 2:00 PM o'clock on June 26, 2018. Interested CONTRACTORS are encouraged to attend. A tour of the project site(s) will be conducted after the meeting. CONTRACTOR(s) and any of the CONTRACTOR's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. Forms for registration can also be obtained online at MT.Contractor.Com. CONTRACTOR's are not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR(s) or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the state of Montana in accordance with the schedule of Montana Prevailing Wage Rates established by the Montana Department of Labor and Industry included in the Project Manual. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to City of Columbia Falls, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS shall furnish an approved Construction Performance Bond and a Construction Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. The right is reserved to reject any or all Proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60), and to accept the lowest responsive and responsible bid which is in the best interest of the City of Columbia Falls. The CONTRACTOR(s) is required to be an Equal Opportunity Employer. Published at Columbia Falls, Montana this 18 day of June, 2018 /s/ Susan Nicosia City Manager 130 6th Street West Columbia Falls, Montana 59912 June 20, July 1, 2018 MNAXLP _________________________
No. 25470 NOTICE OF BUDGET HEARING Notice is hereby given that the City Council of the City of Kalispell has reviewed the Preliminary Budget for the 2018 fiscal year and said budget is open to inspection in the Finance Office and on the City's website at www.kalispell.com. The City Council will meet on Tuesday, July 2, 2018, at 7:00 p.m. in the City Council Chambers at City Hall to conduct a formal Budget Hearing and transact regular business. Anyone may appear to express concerns regarding the budget. The hearing may be continued from day to day as required. On August 20, 2018, at 7:00 p.m., in the City Council Chambers at City Hall, the City Council will meet to adopt the final budget and fix tax levies. For more information please contact the City Clerk at 758-7756 or at City Hall, 201 1st Avenue East, Kalispell, MT 59901. Done by order of the City Council of the City of Kalispell, Montana on the 18th day of June, 2018. Aimee Brunckhorst, CMC, City Clerk June 24, July 1, 2018 MNAXLP __________________________
No. 25413 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 change in the zoning designation in a portion of the Bigfork Zoning District from CCC-1 (Commercial Country Corner - Class 1) to B-2 (General Business). The boundaries of the area proposed to be amended from CCC-1 (Commercial Country Corner - Class 1) to B-2 (General Business) are described as: The property can legally be described as a tract of land in the Northeast Quarter of the Northeast Quarter (NE1/4NE1/4) of Section 20, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. The regulations defining the CCC-1 and B-2 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, 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 12th day of July, 2018, at 10:00 o'clock a.m. in the Commissioners' Chambers, Third Floor, 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 Bigfork Zoning District. 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 21st day of May, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman June 24, July 1, 2018 MNAXLP ________________________
No. 25414 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 Guy and Pamela Sue Meyer to change the zoning designation in a portion of the Highway 93 North Zoning District from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural). The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural) are described as: PARCEL A OF CERTIFICATE OF SURVEY NO. 15297, LOCATED AND BEING IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE1/4 SW1/4) OF SECTION 5, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. The regulations defining the SAG-10 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, 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 Commissioners' Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 16th day of July, 2018 at 10:30 o'clock a.m. in the Commissioners' Chambers, Third Floor, 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 Highway 93 North Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 21st day of May, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chair July 1, 8, 2018 MNAXLP _________________________
No. 25476 WHITEFISH FIRE SERVICE AREA BOARD VACANCY: The County Commissioners are seeking interested individuals to complete an unexpired term on the Whitefish Fire Service Area Board. The position will begin upon appointment and expire on May 31, 2019. 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, July 20, 2018 and should be sent to: Flathead County Commissioners 800 South Main, Room 302 Kalispell, MT 59901 Letters may also be emailed to malbertson@flathead.mt.gov. For more information, please call 758-5537. We look forward to hearing from you! June 24, July 1, 2018 MNAXLP __________________________
No. 25497 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 Glenda Smith to change the zoning designation in a portion of the Rural Whitefish Zoning from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential). The boundaries of the area proposed to be amended from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential) are described as: Parcel B of Certificate of Survey No. 20173, located in the Northeast Quarter of the Northwest Quarter and Government Lot 2, Section 14, Township 31 North, Range 22 West, P.M.M., Fathead County, Montana. The regulations defining the SAG-10 and R-2.5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Board of Commissioners, 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 20th day of August, 2018, 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 Rural Whitefish Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 28th day of June, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman August 1, 8, 2018 MNAXLP __________________________
No. 25484 NOTICE OF PUBLIC HEARING On Tuesday, July 10, 2018 at 11:00 AM, a Public Hearing will be held in Room (207) of the Sanders Building, at 111 North Sanders in Helena, for the purpose of receiving comments on the draft Department of Public Health and Human Services "2019 LIEAP State Plan". Draft copies of the proposed application will be available at the Department of Public Health and Human Services, Intergovernmental Human Services Bureau, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956 on Sunday, July 1, 2018. Written comments must be received by 5:00 PM, Tuesday, July 10, 2018. July 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 2018 MNAXLP _________________________
No. 25491 NOTICE OF TRUSTEE'S SALE TO WHOM IT MAY CONCERN: 1. Property. This Notice concerns the following described real property (the "Property") located in Flathead County, Montana: That part of the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4) of Section 4, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Commencing at the SW corner of said SW1/4 NE1/4; thence East, along the South boundary thereof a distance of 50.00 feet to a point; thence North a distance of 180.00 feet to a point, which is the Place of Beginning of the tract hereby described; thence North parallel with the West boundary of said subdivision a distance of 96.00 feet to a point; thence at right angles East a distance of 200.00 feet to a point; thence at right angles South a distance of 96.00 feet to a point; thence at right angles West, a distance of 200.00 feet to the Place of Beginning EXCEPTING THEREFROM that portion conveyed to the State of Montana for highway purposes by instrument recorded May 10, 1940, under Recorder's Fee #1816, in Book 241, Page 31, records of Flathead County, Montana. 2. Trust Indenture. The Grantor named below executed and delivered to the Beneficiary named below a Deed of Trust (hereinafter the "Trust Indenture"), which is a trust indenture under the Small Tract Financing Act of Montana, §§ 71-1-301, et seq., M.C.A., covering the Property. The Trust Indenture is described as follows: Date: January 22, 2009 Grantor: PATRICK A KELLY COMPANY, LLC Original Trustee: STERLING TITLE SERVICES Beneficiary: GLACIER BANK recorded in the records of Flathead County, Montana as follows: Date: January 22, 2009 Reception No.: 200900001628 3. Note. The above-referenced Trust Indenture was given to secure payment of a Promissory Note in the original principal amount of $535,000.00 from the Grantor to the Beneficiary. The Promissory Note is dated the same date as the Trust Indenture and was amended on one or more occasions by agreement of Grantor and Beneficiary. 4. Substitute Trustee. JAY T. JOHNSON, an attorney authorized to practice law in Montana, was substituted as Trustee under the Trust Indenture by a written document recorded in the records of Flathead County, Montana on April 16, 2018 as Document No. 201800007256. 5. Default. Grantor has defaulted under the Promissory Note and Trust Indenture. The default consists of failure to pay monthly installments of principal and interest which were due on December 22, 2017 and the 22nd day of each succeeding month thereafter. 6. Amount Owing. The amount owing under the Promissory Note and Trust Indenture as of April 4, 2018 is as follows: Principal $ 426,948.67 Accrued Interest to April 4, 2018 $ 5,714.81 Late Charges to April 4, 2018 $ 8,053.60 Other Charges/Fees $ 247.50 TOTAL $ 440,964.58 Interest accrues on the principal balance at the daily rate of $52.63750. Late charges are assessed at the rate of 5.00% of the regularly scheduled payment or $20.00, whichever is greater for each payment that is 15 days or more late. The total balance due on the obligation secured by the Trust Indenture is the sum of the above items, including interest and late charges to the date of payment, plus costs and expenses actually incurred by the Beneficiary, funds advanced by the Beneficiary to preserve or protect its collateral in accordance with the Trust Indenture, and reasonable trustee's and attorney's fees. 7. Acceleration. Notice is hereby given that the Beneficiary under the Trust Indenture and the undersigned Trustee have elected and do hereby elect to consider all principal and interest to be immediately due and payable in consequence of the default of Grantor under the Promissory Note and Trust Indenture. 8. Notice of Sale. Notice is hereby given that the Beneficiary under the Trust Indenture and the undersigned Trustee hereby elect to sell or cause to be sold the Property described above to satisfy the obligation secured by the Trust Indenture. The sale will be held at the following date, time and place: Date: August 29, 2018 Time: 10:00 a.m. Place: First Floor Foyer, Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901 The undersigned Trustee will sell the Property at public auction to the highest bidder, in cash or cash equivalents (cashier's checks or certified checks), in lawful money of the United States, all payable at the time of the sale. Any person, including the Beneficiary under the Trust Indenture but excluding the Trustee, may bid at the sale. The conveyance of the Property to the purchaser will be made by Trustee's Deed without any representation or warranty, including warranty of title, express or implied. The sale is made on an as-is, where-is and with all faults basis. The purchaser shall be entitled to possession of the Property on the 10th day following the sale. This trustee's sale and the separately noticed trustee's sale under the Deed of Trust recorded in the Flathead County Clerk and Recorder's office on January 22, 2009, as Document No. 200900001629, shall occur back to back, with this sale being held first, as both of the Deeds of Trust being foreclosed were given to secure the same Promissory Note. 9. Cure. The Grantor, or its successor in interest in the Property or any part thereof or any other person having a subordinate lien or encumbrance of record thereon or any beneficiary under a subordinate trust indenture, at any time prior to the time fixed by the Trustee for the trustee's sale, may pay to the Beneficiary or the successor in interest to the Beneficiary the entire amount then due under the terms of the Trust Indenture and the obligation secured thereby, including costs and expenses actually incurred and reasonable trustee's 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR PURPOSES OF COLLECTING THE DEBT. DATED this 16th day of April, 2018. /s/ Jay T. Johnson Substitute Trustee STATE OF MONTANA ss County of Flathead This document was acknowledged before me on April 16, 2018, by JAY T. JOHNSON, Substitute Trustee. /s/ Kathleen A. Burt Notary Public for the State of Montana Residing at Kalispell, Montana My Commission expires 7/23/2020 July 1, 8, 15, 2018 MNAXLP __________________________
No. 25493 NOTICE OF TRUSTEE'S SALE TO WHOM IT MAY CONCERN: 1. Property. This Notice concerns the following described real property (the "Property") located in Flathead County, Montana: Lot 204 of Glacier Village Greens, Phase IV, According to the Map or Plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 2. Trust Indenture. The Grantor named below executed and delivered to the Beneficiary named below a Deed of Trust (hereinafter the "Trust Indenture"), which is a trust indenture under the Small Tract Financing Act of Montana, §§ 71-1-301, et seq., M.C.A., covering the Property. The Trust Indenture is described as follows: Date: January 22, 2009 Grantor: PATRICK A. KELLY Original Trustee: STERLING TITLE SERVICES Beneficiary: GLACIER BANK recorded in the records of Flathead County, Montana as follows: Date: January 22, 2009 Reception No.: 200900001629 3. Note. The above-referenced Trust Indenture was given to secure payment of a Promissory Note in the original principal amount of $535,000.00 from the Grantor to the Beneficiary. The Promissory Note is dated the same date as the Trust Indenture and was amended on one or more occasions by agreement of Grantor and Beneficiary. 4. Substitute Trustee. JAY T. JOHNSON, an attorney authorized to practice law in Montana, was substituted as Trustee under the Trust Indenture by a written document recorded in the records of Flathead County, Montana on April 16, 2018, as Document No. 201800007254. 5. Default. Grantor has defaulted under the Promissory Note and Trust Indenture. The default consists of failure to pay monthly installments of principal and interest which were due on December 22, 2017 and the 22nd day of each succeeding month thereafter. 6. Amount Owing. The amount owing under the Promissory Note and Trust Indenture as of April 4, 2018 is as follows: Principal $ 426,948.67 Accrued Interest to April 4, 2018 $ 5,714.81 Late Charges to April 4, 2018 $ 8,053.60 Other Charges/Fees 247.50 TOTAL $ 440,964.58 Interest accrues on the principal balance at the daily rate of $52.63750. Late charges are assessed at the rate of 5.00% of the regularly scheduled payment or $20.00, whichever is greater for each payment that is 15 days or more late. The total balance due on the obligation secured by the Trust Indenture is the sum of the above items, including interest and late charges to the date of payment, plus costs and expenses actually incurred by the Beneficiary, funds advanced by the Beneficiary to preserve or protect its collateral in accordance with the Trust Indenture, and reasonable trustee's and attorney's fees. 7. Acceleration. Notice is hereby given that the Beneficiary under the Trust Indenture and the undersigned Trustee have elected and do hereby elect to consider all principal and interest to be immediately due and payable in consequence of the default of Grantor under the Promissory Note and Trust Indenture. 8. Notice of Sale. Notice is hereby given that the Beneficiary under the Trust Indenture and the undersigned Trustee hereby elect to sell or cause to be sold the Property described above to satisfy the obligation secured by the Trust Indenture. The sale will be held at the following date, time and place: Date: August 29, 2018 Time: 10:15 a.m. Place: First Floor Foyer, Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901 The undersigned Trustee will sell the Property at public auction to the highest bidder, in cash or cash equivalents (cashier's checks or certified checks), in lawful money of the United States, all payable at the time of the sale. Any person, including the Beneficiary under the Trust Indenture but excluding the Trustee, may bid at the sale. The conveyance of the Property to the purchaser will be made by Trustee's Deed without any representation or warranty, including warranty of title, express or implied. The sale is made on an as-is, where-is and with all faults basis. The purchaser shall be entitled to possession of the Property on the 10th day following the sale. This trustee's sale and the separately noticed trustee's sale under the Deed of Trust recorded in the Flathead County Clerk and Recorder's office on January 22, 2009, as Document No. 200900001628, shall occur back to back, with this sale being held second, as both of the Deeds of Trust being foreclosed were given to secure the same Promissory Note. 9. Cure. The Grantor, or its successor in interest in the Property or any part thereof or any other person having a subordinate lien or encumbrance of record thereon or any beneficiary under a subordinate trust indenture, at any time prior to the time fixed by the Trustee for the trustee's sale, may pay to the Beneficiary or the successor in interest to the Beneficiary the entire amount then due under the terms of the Trust Indenture and the obligation secured thereby, including costs and expenses actually incurred and reasonable trustee's 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR PURPOSES OF COLLECTING THE DEBT. DATED this 16th day of April, 2018. /s/ Jay T. Johnson Substitute Trustee STATE OF MONTANA ss County of Flathead This document was acknowledged before me on April 16, 2018, by JAY T. JOHNSON, Substitute Trustee. /s/ Kathleen A. Burt Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expired 7/23/2020 July 1, 8, 15, 2018 MNAXLP __________________________