Legals May 27, 2018
No. 25389 PUBLIC HEARING NOTICE NOTICE OF A PUBLIC HEARING ON MODIFICATION OF THE BOUNDARIES OF THE KALISPELL, MONTANA GLACIER RAIL PARK TARGETED ECONOMIC DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN that the City Council of the City of Kalispell, Montana (the "City") will meet on May 21, 2018, and on June 4, 2018, at or after 7:00 o'clock p.m. in the Council Chambers at City Hall, 201 First Avenue East, Kalispell, Montana, and shall hold public hearings to receive evidence from the public regarding its intent stated in Resolution No. 5867. Pursuant to Resolution No. 5867 the City Council will consider expanding the boundaries of the Glacier Rail Park TEDD to include an additional 3.38 acres owned by the Flathead County Economic Development Agency that is contiguous to the Glacier Rail Park TEDD for all purposes consistent with the approved Glacier Rail Park TEDD Plan. A map of the proposed modified boundaries is available for inspection on-line at www.kalispell.com under Mayor and City Council/Upcoming Agenda or contact the City Clerk at City Hall, telephone (406) 758-7756. Written comments may be submitted to the City Clerk at the above noticed meetings, or prior to the meeting either by mail at P.O. Box 1997, Kalispell, MT 59903, by email at cityclerk@kalispell.com or in person at City Hall, 201 First Avenue East. Aimee Brunckhorst, CMC, City Clerk May 20, 27, 2018 MNAXLP
No. 25411 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION BIGFORK ZONING DISTRICT The Board of Commissioners of Flathead County, Montana, hereby gives notice pursuant to Section 76-2-205(5), M.C.A., that it passed a resolution of intention (Resolution No. 956DK) on May 21, 2018, to change the zoning designation in a portion of the Bigfork Zoning District from CVR (Commercial Village Resort) to B-3 (Community Business). The boundaries of the areas proposed to be amended from CVR (Commercial Village Resort) to B-3 (Community Business) are described as: LOTS 8, 9, 10, 11 AND 12, BLOCK 9 OF THE ORIGINAL TOWNSITE OF BIGFORK, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK & RECORDER IN SECTION 36, TOWNSHIP 27 NORTH, RANGE 20 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. The regulations defining the CVR and B-3 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Board of Commissioners, Courthouse, 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 file for public inspection at the Office of the Board of Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Bigfork Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 21st day of May, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman May 27, June 3, 2018 MNAXLP _________________________
No. 25391 INVITATION TO BID 2018 CHIP SEAL PROJECT CSKT/ROADS 18-05M (REBID) The Confederated Salish & Kootenai Tribes Roads Program invites interested contractors to submit a bid for the 2018 CHIP SEAL PROJECT CSKT/ROADS 18-05M. The Project includes homesite roads located throughout the Mission Valley on the Flathead Reservation. Project work involves crack sealing, full depth patching, a 1-layer chip seal, and replacement of pavement markings. Plans, specifications and bidding documents for this project may be obtained from: Confederated Salish & Kootenai Tribes Roads Program, Attn: Gabe Johnson, P.O. Box 278, Pablo, MT 59855, phone 406-676-2600, email: gabriel.johnson@cskt.org. Plans, specifications and bidding documents may also be viewed and downloaded at the following web site: http://nrd.csktribes.org/water-management/sod. The successful bidder will be required to enter into an agreement with the Tribes to conduct this project. A pre-bid meeting will be held on May 22, 2018 beginning at 2:00 p.m. (local time) at the Natural Resources Department Foust Conference Room located at 301 Main Street, Polson, MT 59860. Contractor sealed-bids must be submitted on the supplied bid forms and received at the address listed in the solicitation for bid opening no later than 2:00 P.M. (local time), May 31, 2018. This is an Indian Preference Bid project with Indian Preference provisions. The selection of the successful contractor and award of this project will be per the provisions of the Confederated Salish and Kootenai Tribes Indian Preference Ordinance 101A. Tribal Contractors who wish to receive Indian Preference must obtain certification by the Confederated Salish and Kootenai Tribes Indian Preference Office as a legitimate Indian-owned business prior to the submission of bids. Proof of Indian Preference Certification must be included with your bid in the form of a copy of the Certificate issued by the Indian Preference Office. Be advised that evidence of your membership or affiliation with a Tribe does not constitute Indian Preference Certification. Contractors must be certified by the Indian Preference Office in order to claim Indian preference. It is the sole responsibility of the bidder to obtain and provide proof of Indian Preference certification from the Indian Preference Office. May 13, 20, 27, 2018 MNAXLP __________________________
No. 25419 REQUEST FOR QUALIFICATIONS RESERVOIR LEVEL MEASUREMENT & EVAPORATION STUDY CONFEDERATED SALISH AND KOOTENAI TRIBES (CSKT) WATER MANAGEMENT PROGRAM The CSKT Safety of Dams Program invites interested consultants or companies to submit a Statement of Qualifications in response to the Request for Qualifications - Reservoir Level Measurement & Evaporation Study. The Request for Qualifications may be obtained from: Confederated Salish and Kootenai Tribes: Attn: Division of Water, P.O. Box 278, Pablo, MT 59855, Phone 406-676-2600. The Request for Qualifications may also be viewed and downloaded at the following website: http://nrd.csktribes.org/water-management/sod Statement of Qualification must be submitted on the supplied forms, with any supporting documentation, and must be received at the email address listed in the Request for Qualification no later than 2:00 PM (local time) on June 21, 2018. This Project will be conducted in accordance with the provisions of the CSKT's Indian Preference Ordinance 101A and Regulations. The selection of the successful consultant and award of this project will be per the provisions of Ordinance 101A and regulations. Tribal Contractors who wish to receive Indian Preference must obtain certification by the CSKT Indian Preference Office as a legitimate Indian-owned business prior to the submission of their Statement of Qualification. Proof of Indian Preference Certification must be included with your Statement of Qualification in the form of a copy of the Certificate issued by the Indian Preference Office. Be advised that evidence of you membership or affiliation with a Tribe does not constitute Indian Preference Certification. Contractors must be certified by the Indian Preference Office in order to claim Indian preference. It is the sole responsibility of the submitter to obtain and provide proof of Indian Preference certification form the Indian Preference Office. May 27, and June 3, 10, 17, 2018 MNAXLP
No. 25390 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of, Mary Jo Fox, Deceased. Probate Case No. DP-18-117C NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Jerry O'Neil, the Personal Representative, return receipt requested, at 985 Walsh Rd., Columbia Falls, Montana, 59912, or filed with the Clerk of the above Court. By: /s/ Jerry O'Neil Jerry O'Neil, Personal Representative May 13, 20, 27, 2018 MNAXLP __________________________
No. 25388 The Kalispell Unit DNRC is considering granting a one-year temporary land use license to James Deats to allow additional use on his right of way through Section 33 T31N R22W (aka State owned portions of Skyles Lake road). This land use license would compensate the state for additional use on the right of way generated though a short-term vacation rental on Mr. Deats' property. Please direct questions or concerns to Caleb Deitz, DNRC forester, Kalispell Unit, 406-291-1375 or cdeitz@mt.gov May 13, 20, 27, June 3, 2018 MNAXLP ________________________
No. 25418 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY PLANNING BOARD REGULAR MEETING The Flathead County Planning Board will hold their regular meeting on Wednesday, June 13, 2018 beginning at 6:00 PM in the 2nd Floor Conference Room, Earl Bennett Building, 1035 First Avenue West, 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 zone change request by Marquardt Surveying, on behalf of the Still Family Trust for properties located at 1017 Three Mile Drive and 35 Harvest Lane near Kalispell, MT within the Westside Zoning District. The proposal would change the zoning on two parcels containing approximately 83 acres from AG-80/WVO (Agricultural/West Valley Overlay) to AG-20 (Agricultural). The properties can legally be described as follows: Tract 1 of Certificate of Survey No. 8932, located in the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4)of Section 3, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. And Parcel A of Retracement Certificate of Survey No. 14525, located in the East half of the Southwest Quarter (E1/2SW1/4) of Section 3, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. A zone change request by Dale Whalen, on behalf of Swan Properties, LLC for property located at 110 Swan River Road in Bigfork, MT within the Bigfork Zoning District. The proposal would change the zoning on a parcel containing approximately 1.414 acres from CCC-1 (Commercial Country Corner-Class 1) to B-2 (General Business). 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. Tract 1 of Certificate of Survey No. 11319. This item will be reviewed by the Bigfork Land Use Advisory Committee (BLUAC) on Thursday, May 31, 2018 @ 4:00 pm at Bethany Lutheran Church, 8559 Highway 35 in Bigfork. 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 June 13, 2018 @ 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 May 27, 2018 MNAXLP __________________________
No. 25401 NOTICE OF TRUSTEE'S SALE To be sold for cash at Trustee's Sale on the 1st day of August, 2018, at 1:30 o'clock p.m., at the front door of the Flathead County Justice Center, 920 South Main, Kalispell, Montana, is the following property: Lot 107 of Mountain Vista Estates Phase 3, according to the map or plat thereof in file and of record in the office of the Clerk and Recorder of Flathead County, Montana ; together with all buildings, fixtures and improvements thereon and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances thereunto belonging, used or enjoyed with said property, or any part thereof. Christopher Cole Handford and Daisy J. Handford, as Grantor, conveyed the above-described property to First American Title Company, as Trustee, to secure an obligation owed to United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture, as Beneficiary, by Trust Indenture, dated August 5, 2008, and recorded on August 6, 2008, under Document No. 200800022155, records of Flathead County, Montana. The Trustee in the Trust Indenture was replaced by a Successor Trustee, namely, Mark E. Noennig, the undersigned. The default in the obligation, the performance of which is secured by the aforementioned Trust Indenture, and for which default this foreclosure is made, is the failure by the Grantor, or other person owing an obligation, or by their successors-in-interest, to pay the monthly installments of $969.02 each due thereunder on the 25th day of each of the months of September, 2017, through December, 2017, and to pay the monthly installments of $1,235.94 each due thereunder on the 25th day of each of the months of January, 2018, through February, 2018, which is applied to principal and interest and to an escrow account if established for other obligations under the Trust Indenture, late charges which are 4.00% of principal and interest more than 15 days in arrears, currently $82.47, attorney's fees and foreclosure costs, currently $1,688.00, advances for obligations under the Trust Indenture, currently None, for a current total default of $8,118.43, together with accruing late charges, advances, and expenses of foreclosure, including attorney's fees and costs. There is presently owed on the obligation secured by the Trust Indenture the principal sum of $147,741.60 plus interest thereon at the rate of 5.375% per annum from the 25th day of August, 2017, until paid, or $21.7565 per day, currently a total of $4,373.04, late charges and advances for obligations under the Trust Indenture, currently $811.06, payoff fee in the amount of None, together with recapture of total subsidy granted, currently in the amount of $31,897.90; attorney's fees and costs, currently $1,688.00, for a current total indebtedness of $186,511.60. Other expenses to be charged against the sale proceeds include accruing late charges, escrow shortages, if any, attorney's fees and costs, and expenses of foreclosure and sale. The Beneficiary has elected to sell the above-described property to satisfy the aforementioned obligation and has instructed the undersigned Trustee to do so. 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 in cash. The conveyance will be by a Trustee's Deed, made "as is," without representations or warranties, express or implied, including warranties of title, possession or encumbrances. The purchaser shall be entitled to possession of the property on the 10th day following the sale. The sale may be postponed up to 15 days for any reason by public proclamation at the scheduled sale. If there is a stay by bankruptcy or court order, the sale may be postponed up to 30 days at a time by public proclamation, for a total of no more than 120 days. 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 the entire amount then due under the Trust Indenture 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 theretofore existing. THIS IS AN ATTEMPT TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED this 14th day of March, 2018. /s/ Mark E. Noennig MARK E. NOENNIG, Trustee P.O. Box 2502 208 North Broadway, Suite 324 Billings, Montana 59103-2502 STATE OF MONTANA ss. County of Yellowstone On this 14th day of March, 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared MARK E. NOENNIG, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. By: /s/ Sarah Lacey Rose SARAH LACEY ROSE Notary Public for the State of Montana Residing at Billings, Montana My commission expires: 6/27/2018 May 20, 27, June 3, 2018 MNAXLP _________________________