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Legals for October, 3 2021

| October 3, 2021 12:00 AM

No. 28085 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARING Notice of Abandonment of Public Way NOTICE IS HEREBY GIVEN to all persons that a petition has been filed with the City Council of the City of Columbia Falls, Montana, requesting the abandonment, discontinuance and vacating of a certain public way in the City of Columbia Falls, Montana, more particularly described as follows: The 12' undeveloped alleyway in Block 4 of the Hoerner Addition Subdivision. Abandonment of this alleyway will allow the property owner who owns all of the adjacent lots to develop the property without the alleyway encumbrance and will place the property on the tax role. The benefiting property owner will pay all surveying and recording costs. The abandonment request was reviewed and the existing public utilities, a sewer service line and electrical poles, will be relocated at the expense of the property owner. The City Council of Columbia Falls is scheduled to act on said petition at the regular meeting of the City Council at 7:00 p.m., on October 18, 2021 in the Council Chambers, 130 6th Street West, Columbia Falls, Montana, at which time and place all persons desiring to be heard on said petition may appear and offer comments on the proposed abandonment. Written comments may be addressed to the City Clerk, 130 6th Street West, Room A, Columbia Falls, Montana 59912 prior to the October 18, 2021 hearing. DATED THIS 22ND DAY OF SEPTEMBER 2021 Barb Staaland, City Clerk October 3, 10, 2021 MNAXLP __________________________

No. 28086 NOTICE OF PUBLIC HEARING CITY OF COLUMBIA FALLS MUNICIPAL CODE TEXT AMENDMENTS On October 18, 2021, during the 7:00 p.m. regular council meeting, the City Council of the City of Columbia Falls, shall conduct a public hearing for the purpose of adopting changes to the Columbia Falls Municipal Code Title 10 Vehicles and Traffic and Title 12 Streets, Sidewalks and Public Places. City Council will consider text amendments to Title 12 Streets, Sidewalks and Public Places addressing right of way maintenance and encroachments, and an amendment to the City park rules and Title 10 Vehicles and Traffic to address parking issues. The proposed changes are available for review at the office of the City Clerk, City of Columbia Falls 130 6th Street West, Columbia Falls, MT. Persons may contact the City Clerk or City Manager at 406-892-4391 or 130 6th Street West, Columbia Falls, MT for more information about the hearing. Responses to the public hearing may be in writing addressed to the City Clerk at 130 6th Street West, Columbia Falls, MT 59912 or delivered in person to the City Council during the hearing. DATED THIS 22nd day of September, 2021 Barb Staaland City Clerk October 3, 10, 2021 MNAXLP _________________________

No. 28087 NOTICE OF PUBLIC HEARINGS CITY OF COLUMBIA FALLS The Columbia Falls City-County Planning Board will hold their regular meeting on Tuesday, October 12, 2021 at 6:30 p.m. The Planning Board will hold a public hearing for the following items and forward recommendations to the Columbia Falls City Council. The Columbia Falls City Council will also hold a public hearing on these items at their regular meeting of Monday, October 18, 2021 beginning at 7 p.m. Both meetings will be held in the Council Chambers of City Hall, 130 6th Street West, Columbia Falls, Montana. ZONING REGULATIONS TEXT AMENDMENTS: The City proposes to incorporate text amendments to the Columbia Falls Area Zoning Ordinance, Municipal Code Title 18 in regards to adding the definitions and statutory provisions applicable to the regulation of recreational marijuana. The Planning Board and City Council may also consider the implementation of a map amendment with an appropriate overlay zone also related to these provisions. The Planning Board and City Council will also review Title 17 Subdivision Regulations and Title 18 Zoning Regulations for any required text amendments related to updated statutory regulations in place after the 2021 legislative session. Persons may testify at the hearing or submit written comments prior to the hearings. For more information contact Susan Nicosia, City Manager, at 892-4384 or email: nicosias@cityofcolumbiafalls.com. DATED this 22nd day of September, 2021. Susan M. Nicosia, City Manager/ Planning & Zoning Administrator September 26, October 3, 2021 MNAXLP _________________________

No. 28095 NOTICE OF PUBLIC HEARING CITY OF COLUMBIA FALLS COMPREHENSIVE TRANSPORTATION PLAN On October 18, 2021, during the 7:00 p.m. regular council meeting, the City Council of the City of Columbia Falls, shall conduct a public hearing for the purpose of taking public comment on the Comprehensive Transportation Plan. The City is preparing the Columbia Falls Comprehensive Transportation Plan with the MT Department of Transportation (MDOT) and Flathead County for the Columbia Falls Urban Transportation Area. The Transportation Plan must meet specific criteria established by MDOT. The City held open houses and work sessions on Monday, September 27th to provide the public with detailed information and the opportunity to review the draft plan. The draft plan and the work session power point are available at: columbiafalls.transportationplan.net. The City Council will formally adopt the Columbia Falls Transportation Plan at their regular meeting on Monday, November 1, 2021. Public comment may be in writing addressed to the City Clerk at 130 6th Street West, Columbia Falls, MT 59912, email: staalandb@cityofcolumbiafalls.com or delivered in person to the City Council during the hearing. DATED THIS 29th day of September, 2021 Barb Staaland City Clerk October 3, 10, 2021 MNAXLP __________________________

No. 28102 FINDING OF NO SIGNIFICANT IMPACT TO ALL INTERESTED GOVERNMENTAL AGENCIES AND PUBLIC GROUPS As required by state and federal rules for determining whether an Environmental Impact Statement is necessary, an environmental review has been performed on the proposed action below: Project - City of Kalispell Lift Station #9 Replacement Project in Kalispell, Montana. Project #C302266, Total Cost: $2,084,100. The City of Kalispell (City), through its 2019 Lift Station #9 Preliminary Engineering Report (PER) has identified the need to upgrade and relocate Lift Station #9 (LS-9), which is currently located within the boundaries of the Buffalo Hill Golf Course. Constructed in the 1980's, the lift station is nearing the end of its serviceable life requiring several expensive, short-term mechanical repairs to maintain its functionality. The lift station design configuration (wet well/dry well) results in pumps, valves, and controls being located below grade. This makes maintenance activities difficult and creates an area that is classified as a confined space posing a safety risk to the operators. In addition, the size and shape of the wet well contributes to solids accumulation in the wet well, and the aeration system that was installed to help control odor and provide mixing is no longer functional. The lift station's design pumping capacity of 300 gallons per minute (gpm) is exceeded during wet weather flows which approach 380 gpm and there is still the need for additional capacity to serve a few previously approved developments within the service area. Lastly, the only way to access the lift station for maintenance purposes is to cross the Stillwater River on a bridge that is only intended for light golf course traffic. This prevents the use of the necessary City-owned equipment to clean and properly maintain the wet well and instead requires the need for a specialty contractor to be hired for maintenance of the wet well. The limited and difficult access to the existing lift station results in a higher risk of overflow if mechanical failure were to occur. To address these deficiencies the City will construct a new submersible lift station located in a common area that has been set aside as a utility easement within the Fairway Boulevard Subdivision. This site can be easily accessed from a regularly maintained city street enabling the lift station to be properly maintained by City personnel. The submersible lift station will have valves and pump controls located in a structure at ground level and the pumps will be retrievable from the surface using guiderails and a hoist. This will provide a safer work environment for City employees and eliminate the hazards of a confined space. The lift station will have a pumping capacity of 500 gpm to adequately handle current/future flows and will be built according to the current MDEQ and City of Kalispell design standards. This will improve operator safety, maintenance efficiency, and the overall reliability of the lift station. Federal and State grant/loan programs will fund the project. Environmentally sensitive characteristics such as threatened/endangered species, floodplains, wetlands, and historical sites are not expected to be adversely impacted because of the proposed project. No significant long-term environmental impacts were identified. An environmental assessment (EA), which describes the project and analyzes the impacts in more detail, is available for public scrutiny on the DEQ web site (http://deq.mt.gov/Public/ea) and at the following locations: Mike Abrahamson, P.E., Department of Environmental Quality, 1520 East Sixth Avenue, PO Box 200901, Helena, MT 59620-09011, mabrahamson@mt.gov, or Doug Russell, City Manager, City of Kalispell, 201 First Avenue East, Kalispell, MT 59901. Comments on the EA may be submitted to the Department of Environmental Quality at the above address. After evaluating substantive comments received, the Department will revise the environmental assessment or determine if an environmental impact statement is necessary. If no substantive comments are received during the comment period, or if substantive comments are received and evaluated and the environmental impacts are still determined to be non-significant, the agency will make a final decision. No administrative action will be taken on the project for at least 30 calendar days after release of the Finding of No Significant Impact. Mark Smith, P.E., SRF Section Supervisor Water Quality Division, Montana Department of Environmental Quality October 3, 2021 MNAXLP __________________________

No. 28016 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 Willow Glen Zoning District from R-5 (Two-Family Residential) to B-2 (General Business). The boundaries of the area proposed to be amended from R-5 (Two-Family Residential) to B-2 (General Business) are described as: Parcel 1: Tract 1 of Certificate of Survey No. 21478, Located in the Southwest Quarter of the Southeast Quarter of Section 4, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Parcel 2: Tracts 1 and 2 of Certificate of Survey No. 21539, Located in the Southeast Quarter of Section 4, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the R-5 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, located at 800 South Main, 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:// http://flathead.mt.gov/planning_zoning/zoning.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 14 day of October, 2021, at 9:30 o'clock a.m., in the Commissioner's 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 Willow Glen 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 at least three business days prior to the hearing. DATED this 24 day of August, 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist PT Randy L. Brodehl, Chairman September 26, October 3, 2021 MNAXLP _________________________

No. 28017 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 zone change request from Sands Surveying, Inc. on behalf of Thomas & Brenda Oberlitner for property in the Highway 93 North Zoning District. The proposal would change the zoning on one (1) parcel located at 222 Wintercrest Drive, near Kalispell, MT from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential) on approximately 5.005 acres. The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential) are described as: Tract 3 on Certificate of Survey No. 5104, and is further described as that portion of the Southwest Quarter of the Southeast Quarter (S1/4SE1/4 ) of Section 7, Township 29 North, Range 21 West, P.M.M., Flathead 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 Commissioners' Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 14 day of October 2021 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 24 day of August 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist PT Randy L. Brodehl, Chairman September 26, October 3, 2021 MNAXLP _________________________

No. 28077 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION FLATHEAD COUNTY ZONING REGULATIONS The Board of Commissioners of Flathead County, Montana hereby gives notice pursuant to Section 76-2-205(2), M.C.A. that it passed a resolution of intention (Resolution No. XX) on September 21, 2021, to amend the B-3 zone to add marina as a conditional use (Section 3.20.030) and add the word "marina" to the definition of Recreational Area, Commercial (Section 8.17.020). The proposed amendments are described as follows: 3.20.030 Conditional Uses (B-3). 1. Bowling alley. 2. Commercial caretaker's facility in a detached accessory building in conjunction with a business. 3. Commercial recreation area. 4. Convention hall facility. 5. Dwelling, duplex and multi-family. 6. Dwelling, resort. (See Chapter V - Performance Standards and Chapter VIII -Definitions)* 7. Dwellings in mixed-use building. 8. Electrical distribution station. 9. Health club. 10. Hotel, motel. 11. Lumber yard 12. Marina. (See Chapter 8-Definitions) 13. Quasi-public building, non-profit. 13. Recycling drop-off station. 14. Tavern. 15. Taxidermist. 16. Temporary building, structure, or use. 17. Water storage facility. 8.17.020 Recreational Area, Commercial - An area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds, marinas, and other similar uses whether the use of such area is limited to private membership or open to the public upon payment of a fee or service charge. The Flathead Zoning Regulations are on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 800 South Main Street West, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning website at: http://flathead. Mt.gov/planning_zoning/downloads.php. Documents related to the proposed text amendments are also on file for public inspection at the Office of the Board of Commissioners, the Flathead County Planning and Zoning Office and on the Flathead County Planning and Zoning website at https://flathead.mt.gov/planning_zoning/ planningboard.php. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the proposed text amendment 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 September, 2021 BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman Pro-Tem September 26, October 3, 2021 MNAXLP _________________________

No. 28078 NOTICE OF INTENT TO RESCIND RESOLUTION NO. 1210A AND REAUTHORIZE FLATHEAD COUNTY FAIR COMMISSION BY NEW RESOLUTION The Board of Commissioners of Flathead County, Montana, passed Resolution 1210A on September 26, 1996, creating the Flathead County Fair Commission. The Board of Commissioners now desires to rescind Resolution No. 1210A and reauthorize the Flathead County Fair Commission according to current practice and applicable Montana law by adopting a new Resolution 1210B. A copy of proposed Resolution 1210B may be viewed or obtained at the Flathead County Commissioners' Office, 800 S. Main, Suite 302, Kalispell, MT 59901, or on the County's website at www.flathead.mt.gov/commissioner. Written comment may be submitted to the Commissioners' Office through Wednesday, October 20, 2021, at 5:00 p.m. local time, or verbally during public comment sessions scheduled on the Commissioners' agenda through Tuesday October 19, 2021. The Board of Flathead County Commissioners will consider adoption of proposed Resolution 1210B, with any amendments, on October 21, 2021, at 11: 30 a.m. local time in the Commissioners Chambers, 800 South Main, Kalispell, Montana. DATED this 21st day of September, 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman Pro-Tem September 26, October 3, 2021 MNAXLP __________________________

No. 28099 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In re the Guardianship of: Ryan Jacob Maxwell Corrigan; Minor Child(ren) Kristina L. Corrigan & Sean R. Corrigan Petitioner(s) Cause No.: DG -21-074A AMY EDDY NOTICE OF HEARING ON GUARDIANSHIP OF MINOR CHILD This is notice that Petitioner has asked to become the guardian of a minor child. The hearing will be on 10/19/2021 at 8:30am. The hearing will be at the Courthouse in Flathead County. DATE: 9/30/2021 /s/ PEG L ALLISON Clerk of Court /s/ ANISSA NEILS Deputy Clerk October 3, 10, 17, 2021 MNAXLP __________________________

No. 28006 Montana Department of Transportation Notice of Sale of Real Estate NOTICE IS HEREBY GIVEN that the Montana Department of Transportation will sell at public auction, with reserve, to the highest bidder, the following described real estate: Parcel A and Lot 1A, shown on Certificate of Survey 21303, being situated in in the SE1/4SW1/4 of Section 1, Township 28 North, Range 22 West, P.M., M., Flathead County, Montana, containing an area of 4.196 acres, more or less. SUBJECT TO all rights of ingress and egress over and across the New Limited Access Control lines as shown on said COS referenced above as effected through the access control resolution for highway project MT-NH-NCPD 15(76) approved by the Highway Commission, filed with the Clerk and Recorder's Office of Flathead County. Grantor grants the right of reasonable access to and from the adjacent property of the Grantor. It is expressly intended and agreed that these reservations, burdens, and restrictions shall run with the land and shall forever bind the Grantees, their heirs, successors or assigns. Improvements: A ranch style home constructed in 1951 and a large addition was added in 2005. It has six bedrooms and three bathrooms (5,435 sq ft) with a three-car detached garage (990 sq ft), detached shop/tack room (1,200 sq ft), and a shed (150 sq ft). The house is tied into city water and sewer and has a separate well for irrigation use only. The auction will be held beginning at 3:30 p.m. on Friday, October 22, 2021 in Conference Rooms A & B of the Flathead City-County Health Department (Earl Bennett Building), 1035 1st Avenue West, Kalispell, Montana. Terms: 10% down payment by check at auction. The auction is complete when the auctioneer announces that the down payment has been paid. The appraised value of the land and improvements is $587,000.00 (five hundred eighty-seven thousand dollars and zero cents). Under statutory restrictions, the State cannot accept any bid under 90% of the appraised value. The property is being sold AS IS. Sale will be conducted pursuant to the Montana Code Annotated. Additional information and a copy of the "Detailed Terms and Conditions" of the sale may be obtained from the Real Estate Services Section, Right-of-Way Bureau, Jenna Bousman, Montana Department of Transportation, 2701 Prospect Avenue, P.O. Box 201001, Helena, Montana, 59620-1001, phone (406) 444-9272 or TTY 1-800-335-7592 for the hearing impaired, or email jbousman@mt.gov. For more information please go to: www.mdt.mt.gov/business/real_estate.shtml September 5, 12, 19, 26, October 3, 10, 17, 2021 MNAXLP __________________________

No. 28063 NOTICE IS HEREBY GIVEN that the Montana Department of Transportation will sell at public auction, with reserve, to the highest bidder, the following described real estate: Tract 1, shown on Certificate of Survey 21293, being situated in in the NE1/4SW1/4 of Section 12, Township 22 North, Range 28 West, P.M., M., Flathead County, Montana, as shown by the shaded area on the plat, consisting of 1 pages attached hereto and made a part hereof, containing an area of 9.393 acres, more or less. The auction will be held beginning at 12:00 p.m. on Friday, October 22, 2021 in Conference Rooms A & B of the Flathead City-County Health Department (Earl Bennett Building), 1035 1st Avenue West, Kalispell, Montana. Terms: 10% down payment by check at auction. The auction is complete when the auctioneer announces that the down payment has been paid. The appraised value of this land is $400,550.00 (four hundred thousand, five hundred, fifty dollars and zero cents). Under statutory restrictions, the State cannot accept any bid under 90% of the appraised value. The property is being sold AS IS. Sale will be conducted pursuant to the Montana Code Annotated. Additional information and a copy of the "Detailed Terms and Conditions" of the sale may be obtained from the Real Estate Services Section, Right-of-Way Bureau, Dave Alexander, Montana Department of Transportation, 2701 Prospect Avenue, P.O. Box 201001, Helena, Montana, 59620- 1001, phone (406) 444-6387 or TTY 1-800-335-7592 for the hearing impaired, or email dalexander@mt.gov. For more information please go to: www.mdt.mt.gov/business/real_estate.shtml September 19, 26, October 3, 10, 17, 2021 MNAXLP __________________________

No. 28096 Trustees of the Pleasant Valley School District #27 will hire Katelyn Wilson to work as a part time teacher's aide beginning October 25, 2021 through June 8, 2022. October 3, 2021 MNAXLP __________________________