Legals August 23, 2019
No. 26437 NOTICE OF PUBLIC HEARING: ABANDONMENT OF PUBLIC RIGHT-OF-WAY PETITION NO. 504 - PORTION 5TH STREET WEST, HUNGRY HORSE, MT Notice is hereby given that the Board of Viewers has reported to the Flathead County Board of Commissioners on the abandonment of that certain public right-of-way on a portion of 5th Street West in Hungry Horse, MT that can legally be described as follows: A tract of land, situated, lying, and being in a portion of 5th Street West, as shown on the plat of first addition to Hungry Horse City, and in Government Lot 9 and the Southeast Quarter of the Southeast Quarter of Section 6, Township 30 North, Range 19 West, Flathead County, Montana, and more particularly described as follows to wit: Commencing at a found iron pin being in the southwest corner of Lot 39, Block 14 of the plat of First Addition to Hungry Horse City (records of Flathead County, Montana), which is on the east right-of-way of 5th Street West; Thence West 60.00 feet to the true point of beginning of the tract of land herein described: Thence South 720.08 feet; Thence West 20.85 feet to the northeast corner of Lot 13, Block 5, of the plat of South Fork (records of Flathead County, Montana), which is on the west right-of-way of 5th Street West; Thence North 989.63 feet to a round iron pin being the southwest corner of Lot 26, Block 15 of the plat of First Addition to Hungry Horse City (records of Flathead County, Montana), which is on the south right-of-way of River Drive; Thence along said right-of-way S54o31'47"E 25.60 feet; Thence South 254.69 feet to the point of beginning and containing .470 ACRE. Notice is hereby given to the petitioners or landowners, as disclosed by the last assessment roll of Flathead County, owning land abutting the portion of the right-of-way on 5th Street West in Hungry Horse, as described above, that it is being considered for abandonment. The public hearing on this petition for the proposed abandonment is set for Wednesday, August 28, 2019 at 9:15 o'clock a.m. in the Commissioners' Chambers, Third Floor, County Courthouse, 800 South Main, Kalispell, Montana. For further information, please call 758-5537. DATED this 13th day of August, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairperson August 16, 23, 2019 MNAXLP ______________________
No. 26455 Montana Eleventh Judicial District Court Flathead County In the Matter of the Name Change of Mary Elizabeth Ward: Mary Elizabeth Ward, Petitioner Cause No. DV-19-671D DAN WILSON Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Mary Elizabeth Ward to Kaiden Alex Ward. The hearing will be on October 01, 2019 at 1:30 p.m. The hearing will be at the Courthouse in Flathead County. Date: August 8, 2019 PEG L. ALLISON Clerk of District Court By: /s/ SARAH ARRIGONI Deputy Clerk of Court August 23, 30, September 6, 13, 2019 MNAXLP __________________________
No. 26439 NOTICE OF SALE UNDER DEED OF TRUST Deed of Trust: Dated December 29, 2011 Grantors: David M. Giddeon 600 Pioneer Road Kalispell, MT 59901 Whitney S. Giddeon 600 Pioneer Road Kalispell, MT 59901 David M. Giddeon PO Box 837 Watford City, ND 58847-0837 Whitney S. Giddeon PO Box 837 Watford City, ND 58847-0837 Original Trustee: Sterling Title Services 211 South Main Street PO Box 73 Kalispell, MT 59903 Original Beneficiary: Three Rivers Bank of Montana Three Rivers Bank of Montana -Idaho Location 223 E. Idaho PO Box 7250 Kalispell, MT 59901 Successor Trustee: Brian Geer HANSBERRY & JOURDONNAIS, PLLC 3819 Stephens Ave., Ste. 200 Missoula MT 59801 Date & Place of Recordation: Original recorded December 30, 2011 under Document No. 2011-00027227, records of the Clerk & Recorder of Flathead County, Kalispell, Montana. The undersigned hereby gives notice that on the 24th day of September, 2019, at the hour of 11:00 a.m. at the front steps of the Flathead County Courthouse, 920 South Main, Kalispell, Montana, 59901, as Successor Trustee under the above-described instrument, in order to satisfy the obligation set forth below, has elected to and will sell at public auction to the highest bidder, for cash, lawful money of the United States of America, payable at the time of sale to the Successor Trustee, the interest of the above-named Trustee, Successor Trustee and Grantor, and all of its successors and assigns, without warranty or covenant, express or implied, as to title or possession, in the following described real property: Tract 1 of Certificate of Survey No. 17440, located and being in Government Lots 10 and 11 of Section 31, Township 30 North, Range 20 West, P.M.M., Flathead County, Montana. The defaults for which this foreclosure is made are the failure of the above-named Grantors, and all of their successors and assigns, to pay when due the monthly payments provided for in the Promissory Note in the amount of Six Hundred Eighty Thousand and 00/100 Dollars ($680,000.00), payable in Two Hundred Thirty-Nine (239) regular payments of Four Thousand Five Hundred Fifty-Two and 38/100 Dollars ($4,552.38) each, together with interest which continues to accrue at the current variable rate of Five and Fifty-Nine Hundredths percent (5.59%) per annum until May 20, 2019 when interest will accrue at the Promissory Note's default rate of 15.95%; together with late fees in the amount of Six Hundred Ninety-Three and 00/100 Dollars ($693.00). The sum owing on the obligation secured by the Deed of Trust is the principal balance of Five Hundred Fifty-Three Thousand One Hundred Ninety-Seven and 82/100 Dollars ($553,197.82), plus accrued interest in the amount of Sixteen Thousand Twenty-Nine and 24/100 ($16,029.24), together with interest which continues to accrue at the current note rate until May 20, 2019 when interest will accrue at the Promissory Note's default rate of 15.95%, plus all costs, fees, expenses, attorneys' and trustee's fees as provided by law. DATED this 17th day of May, 2019. /s/ Brian Geer Brian Geer, Successor Trustee Hansberry & Jourdonnais, PLLC Missoula MT 59801 STATE OF MONTANA ss County of Missoula This instrument was acknowledged before me on the 17th day of May, 2019, by Brian Geer, Successor Trustee. /s/ Jasmine R. Icenhower Print Name: Jasmine R. Icenhower Notary Public for the State of Montana Residing at: Missoula, Montana My Commission Expires: July 18, 2020 August 16, 23, 30, 2019 MNAXLP __________________________
No. 26440 NOTICE OF SALE UNDER DEED OF TRUST Deed of Trust: Dated December 29, 2011 Grantors: Lorraine H. Graham 518 Pioneer Road Kalispell, MT 59901 Original Trustee: Sterling Title Services 211 South Main Street PO Box 73 Kalispell, MT 59903 Original Beneficiary: Three Rivers Bank of Montana Three Rivers Bank of Montana - Idaho Location 223 E. Idaho PO Box 7250 Kalispell, MT 59901 Successor Trustee: Brian Geer HANSBERRY & JOURDONNAIS, PLLC 3819 Stephens Ave., Ste. 200 Missoula MT 59801 Date & Place of Recordation: Original recorded December 30, 2011 under Document No. 2011-00027228, records of the Clerk & Recorder of Flathead County, Kalispell, Montana. The undersigned hereby gives notice that on the 24th day of September, 2019, at the hour of 11:15 a.m. or as soon as possible and after the Trustee's Sale of the Deed of Trust recorded as Document No. 2011-00027227, at the front steps of the Flathead County Courthouse, 920 South Main, Kalispell, Montana, 59901, as Successor Trustee under the above-described instrument, in order to satisfy the obligation set forth below, has elected to and will sell at public auction to the highest bidder, for cash, lawful money of the United States of America, payable at the time of sale to the Successor Trustee, the interest of the above-named Trustee, Successor Trustee and Grantor, and all of its successors and assigns, without warranty or covenant, express or implied, as to title or possession, in the following described real property: Tract 3 of Certificate of Survey No. 17441, located and being in Government Lots 10 and 11 of Section 31, Township 30 North, Range 20 West, P.M.M., Flathead County, Montana. The defaults for which this foreclosure is made are the failure of the above-named Grantors, and all of their successors and assigns, to pay when due the monthly payments provided for in the Promissory Note in the amount of Six Hundred Eighty Thousand and 00/100 Dollars ($680,000.00), payable in Two Hundred Thirty-Nine (239) regular payments of Four Thousand Five Hundred Fifty-Two and 38/100 Dollars ($4,552.38) each, together with interest which continues to accrue at the current variable rate of Five and Fifty-Nine Hundredths percent (5.59%) per annum until May 20, 2019 when interest will accrue at the Promissory Note's default rate of 15.95%; together with late fees in the amount of Six Hundred Ninety-Three and 00/100 Dollars ($693.00). The sum owing on the obligation secured by the Deed of Trust is the principal balance of Five Hundred Fifty-Three Thousand One Hundred Ninety-Seven and 82/100 Dollars ($553,197.82), plus accrued interest in the amount of Sixteen Thousand Twenty-Nine and 24/100 ($16,029.24), together with interest which continues to accrue at the current note rate until May 20, 2019 when interest will accrue at the Promissory Note's default rate of 15.95%, plus all costs, fees, expenses, attorneys' and trustee's fees as provided by law. DATED this 17th day of May, 2019. /s/ Brian Geer Brian Geer, Successor Trustee Hansberry & Jourdonnais, PLLC Missoula MT 59801 STATE OF MONTANA ss County of Missoula This instrument was acknowledged before me on the 17th day of May, 2019, by Brian Geer, Successor Trustee. /s/ Jasmine R. Icenhower Print Name: Jasmine R. Icenhower Notary Public for the State of Montana Residing at: Missoula, Montana My Commission Expires: July 18, 2020 August 16, 23, 30, 2019 MNAXLP __________________________
No. 26453 PUBLIC NOTICE The Department of Environmental Quality (DEQ) has approved clean-up activities for the petroleum release at the Former Roy Stanley Chevrolet. The clean-up activities are required by DEQ under the authority of 75-5-501 through 75-11-526, Montana Code Annotated (MCA) and Administrative Rules of Montana (ARM) 17.56.606. The DEQ Petroleum Tank Cleanup Section requested, reviewed, and approved the Corrective Action Plan (CAP) prepared and submitted by Hydrometrics, Inc. on behalf of the owner/operator of the facility listed below. Copies of the CAP are available upon request by contacting the Petroleum Tank Cleanup Section at the DEQ Remediation Division's main phone line (406) 444-6444 or by emailing DEQ Dean Kinney at dkinney@mt.gov. FACILITY INFORMATION Facility Name: Former Roy Stanley Chevrolet Facility Location: 1000 Highway 2 West, Kalispell, Flathead County Facility ID: 15-00065 Release Number: 473 Work Plan ID Number: 33858 The work to be conducted under the above-described CAP will include excavation of approximately 1,000 cubic yards of petroleum impacted soil during late August and September 2019 at the Facility. The work will involve the use of an excavator, dump trucks and related vehicles. Area residents and visitors can expect to see construction related vehicles entering and leaving the site. August 22, 23, 24, 25, 26, 27, 28, 2019 MNAXLP __________________________
No. 26438 Kent P. Saxby Johnson, Berg & Saxby, PLLP 221 First Avenue East PO Box 3038 Kalispell, Montana 59903-3038 (406) 755-5535 Attorneys for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF ANNE MARIE MCCANN, Deceased Cause No. DP-19-47 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Decedent. All persons having claims against the 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 PAUL J. MCCANN, JR., the Personal Representative, return receipt requested, c/o Johnson, Berg & Saxby, PLLP, PO Box 3038, Kalispell, Montana 59903-3038, or filed with the Clerk of the above-entitled Court. DATED this 12th day of August, 2019. /s/ Paul J. McCann, Jr. PAUL J. MCCANN, JR. Personal Representative August 16, 23, 30, 2019 MNAXLP _________________________
No. 26395 PUBLIC OPPORTUNITY TO PROTEST ONE ORIGINAL NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Hillside Pub and Grub, LLC (Members: Ronda Kay Mosher, Joseph C. Curtis) has applied for One Original New Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-999-2398-002 to be operated at Hillside Pub & Grub, 7950 Montana Highway 35, 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 (07-999-2398-002) and the applicant's name (Hillside Pub and Grub, 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 2, 2019. What happens if the transfer is p rotested? 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 Alcoholic Beverage Control Division, at (406) 444-0017 or pkautz@mt.gov. August 2, 9, 16, 23, 2019 MNAXLP __________________________