Legals for December, 18 2022
No. 29062 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on April 17, 2023, 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, State of Montana: Tract 1 of Certificate of Survey No. 13364, located and being in the Southeast Quarter of the Southwest Quarter of Section 5, Township 30 North, Range 20 West, P.M.,M., Flathead County, Montana. More commonly known as 1100 4th Avenue West North, Columbia Falls, MT 59912. Tim Hunter, as Grantor, conveyed said real property to Fidelity National Title of Flathead Valley, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registrations Systems, Inc., as designated nominee for Mann Mortgage, LLC, beneficiary of the security instrument, its successors and assigns, by Deed of Trust on May 10, 2018, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on May 11, 2018 as Instrument No. 201800009268, and modified pursuant to the Modification recorded on June 18, 2020, as Entry No. 202000016462, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Guild Mortgage Company LLC Assignment Dated: November 15, 2022 Assignment Recorded: November 17, 2022 Assignment Recording Information: as Instrument No. 202200028991 All in the records of the County Clerk and Recorder for Flathead County, Montana Jason J. Henderson is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on November 22, 2022 as Instrument No. 202200029182, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning February 1, 2022, 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. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $169,088.93, interest in the sum of $5,995.30, escrow advances of $1,046.62, other amounts due and payable in the amount of $2,674.05 for a total amount owing of $178,804.90, plus accruing interest, late charges, and other fees and costs that may be incurred or 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 Grantor. 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, has the right, at any time prior to the Trustee’s Sale, to 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 by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee’s Sale may be postponed by public proclamation up to 15 days for any reason. 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. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 22nd day of November, 2022. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT10066 December 4, 11, 18, 2022 MNAXLP __________________________
No. 29067 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for the Kalispell Water & Sewer Main Replacement – 2023 project. The project primarily consists of furnishing materials, labor, and equipment required to complete the replacement of the following water and sewer mains: Schedule 1: Sewer Main Replacement of approximately 1,345 LF in E Montana St, MDT Site and 7th Av EN in Kalispell, MT. Schedule 2: Water Main Replacement of approximately 4,360 LF in 8th Ave W and 11th St W in Kalispell, MT. Schedule 2 has one additive alternate (Additive Alternate #1) for street rehabilitation of 8th Ave W and 11th St W, including new curb and gutter. Schedule 3: Sewer Main Replacement of approximately 1,225 LF in 4th Ave EN, E Center Street and 5th Alley E to 2nd St E in Kalispell, MT. Schedule 3 has one additive alternate (Additive Alternate #2) which includes sewer main replacement of approximately 1,550 LF in 5th Alley E from 2nd St E to 6th St E. Bidding documents may be examined at the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Plans and specifications can also be examined through QuestCDN. Full bidding instructions and the link to QuestCDN is located on the city website at: https://kalispell.com/bids.aspx. A Pre-Bid Meeting will be held in the City Hall Lower-Level Conference Room, 201 First Avenue East, Kalispell, Montana 59901 at 2:00 pm on Thursday, December 22, 2022. Interested Bidders are encouraged to attend the Pre-Bid Meeting. Bids will be received by QuestCDN until 2:00 PM on Thursday, January 5, 2023. All bids will be publicly opened and read aloud in the First Floor Conference Room, 201 First Avenue East, Kalispell, Montana 59901. Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting held on August 15th, 2022. City of Kalispell, Aimee Brunckhorst, CMC, City Clerk & Communications Manager December 11, 18, 25, 2022 MNAXLP __________________________
No. 29078 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION ECHO LAKE 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. 881K) on December 6, 2022, to change the zoning designation in a portion of the Echo Lake Zoning District from AG-40 (Agricultural) to SAG-5 (Suburban Agricultural). The boundaries of the areas proposed to be amended from AG-40 (Agricultural) to SAG-5 (Suburban Agricultural) are described as: The total acreage involved in the request is 54.35 acres that can legally be described as Parcel B of Certificate of Survey No. 10072 in Section 7, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. The regulations defining the AG-40 and SAG-5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 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://flathead.mt.gov/planning_zoning/downloads.php. The zoning amendment application and other 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 comment to the change proposed for a portion of the Echo Lake Zoning District. Within 30 days after the expiration of the comment period, the Board of County Commissioners may in its discretion pass the resolution amending the Echo Lake Zoning District. DATED this 6th day of December, 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell, PT Pamela J. Holmquist, Chairman December 11, 18, 2022 MNAXLP __________________________
No. 29079 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION BLANCHARD LAKE 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. 966BD) on December 6, 2022, to change the zoning designation in a portion of the Blanchard Lake Zoning District located at 298 Blanchard Lake Road near Whitefish, Montana from SAG-5 ‘Suburban Agriculture’ to R-2.5 ‘Rural Residential’. The boundaries of the areas proposed to be amended from SAG-5 ‘Suburban Agriculture’ to R-2.5 ‘Rural Residential’ are described as: Parcel 1 of Retracement Certificate of Survey No. 20154 located in the Northeast Quarter of the Northwest Quarter of Section 13, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. Excepting Therefrom that portion conveyed to the Flathead County for highway purposes only recorded October 22, 1937 in Book 228, Page 451. The regulations defining the SAG-5 and R-2.5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 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://flathead.mt.gov/planning_zoning/downloads.php. The zoning amendment application and other 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 comment to the change proposed for a portion of the Blanchard Lake Zoning District. Within 30 days after the expiration of the comment period, the Board of County Commissioners may in its discretion pass the resolution amending the Blanchard Lake Zoning District. DATED this 6th day of December, 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell, PT Pamela J. Holmquist, Chairman December 11, 18, 2022 MNAXLP __________________________
No. 29082 FLATHEAD COUNTY SOLID WASTE DISTRICT STUMP GRINDING AND OPTIONAL GREEN WASTE HANDLING SERVICES REQUEST FOR PROPOSALS (RFP) 1. Services for Stump Grinding and Optional Green Waste Handling Services are contracted out by the County of Flathead Solid Waste District, hereinafter referred to as the District. 2. The District Invites Qualified Proposers to Submit a Sealed RFP To: Flathead County Solid Waste District Response to Stump Grinding and Optional Residual Grindings Attention: Mr. David R. Prunty, Director of Public Works Flathead County Solid Waste District 4098 Highway 93 North Kalispell, MT 59901 3. Proposals will be received until the hour of 2 p.m. (MST), Friday, January 6, 2023, the “Proposal Submission Date”, after which the RFPs will be opened. The work under this contract is generally described as follows: FLATHEAD COUNTY SOLID WASTE DISTRICT STUMP GRINDING AND OPTIONAL GREEN WASTE HANDLING SERVICES The Work will generally consist of: a. Preparing stumps (sizing, dirt removal, etc.) for grinding; b. Grinding of stumps; c. Sorting & stockpiling of residual grindings; d. Off-haul of residual grindings; and, Optional service: e. Managing other on-site green waste as defined within the RFP. 4. The Contract will be for a period of three years and two one-year options after Notice to Proceed. The District will adjust the pricing on the anniversary date of the contract based on the annual average pricing indices (December to December). Note: This may result in the contract price being adjusted up or down based on the CPI Index data. 5. Proposals shall be prepared in accordance with the requirements of this Request for Proposals document. Proposals shall be prepared using forms furnished in Attachment A of this RFP. 6. The District reserves the right to waive irregularities in any Proposal, and to reject any and all Proposals. No Proposal received and read by the District may be withdrawn for a period of 60 days after the date of opening thereof. 7. Copies of the detailed RFP, including a description of services to be provided, the minimum content of proposal, and the factors used to evaluate the proposals can be found on the Flathead County webpage at: https://flathead.mt.gov/department-directory/commissioners-office/public-notices or by contacting: District: Flathead County Solid Waste District 4098 Highway 93 North Kalispell, MT 59901 Telephone: 406-758-5911 Solid Waste Operations Manager: Jim Chilton jchilton@ flathead.mt.gov Engineer: SWT Engineering, Inc. 800-C South Rochester Avenue Ontario, CA 91761 Telephone 909-390-1328 Attention: Michael A. Cullinane, P.E. mac@swteng.com 8. Questions regarding the RFP will be accepted in writing/email until December 29th, 2022. The District will respond to all questions by January 3rd, 2023. Flathead County is an Equal Opportunity Employer Dated this 7th day of December, 2022 December 11, 18, 2022 MNAXLP __________________________
No. 29083 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on April 7, 2023, at 11:00 AM at the East door of the Flathead County Justice Center, 920 South Main Street, Kalispell, MT, the following described real property situated in Flathead County, State of Montana: Lot 9, Block 9 of Empire Estates, Phase 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. More commonly known as 31 Ford Way, Kalispell, MT 59901. Dusti J. Battleson-Flowers, as Grantor, conveyed said real property to Fidelity National Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as designated nominee for Glacier Bank, beneficiary of the security instrument, its successors and assigns, by Deed of Trust on September 14, 2018, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on September 14, 2018 as Instrument No. 201800022646, and modified pursuant to the Modification recorded on May 13, 2020, as Entry No. 202000012167, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Citizens Bank, N.A. Assignment Dated: February 27, 2020 Assignment Recorded: March 2, 2020 Assignment Recording Information: as Instrument No. 202000005538 All in the records of the County Clerk and Recorder for Flathead County, Montana Jason J. Henderson is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on November 18, 2022 as Instrument No. 202200029091, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning August 1, 2021, 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. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $255,989.06, interest in the sum of $14,050.42, escrow advances of $4,936.87, other amounts due and payable in the amount of $1,570.24 for a total amount owing of $276,546.59, plus accruing interest, late charges, and other fees and costs that may be incurred or 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 Grantor. 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, has the right, at any time prior to the Trustee’s Sale, to 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 by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee’s Sale may be postponed by public proclamation up to 15 days for any reason. 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. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 22nd day of November, 2022. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT11314 December 11, 18, 25, 2022 MNAXLP __________________________
No. 29088 On or after December 19, 2022 Simonson Mini Storage will have a public auction. Gardner Auction Service will conduct the auction at 200 United Drive, Kalispell, MT 59901 and at gardnerauction.com. To be sold for cash, the personal items stored at Simonson Mini Storage, 4108 US Highway 93 South, Kalispell, MT 59901 by the following persons: Jennie Krause #6, Luke Melichar #2, and that have received notice per MCA 70-6-420. Simonson Mini Storage office: 4124 US Highway 93 South, Kalispell, MT 59901. Phone 406-858-0245. December 14, 18, 2022 MNAXLP __________________________
No. 29089 FERNDALE VOLUNTEER FIRE DISTRICT TRUSTEE NEEDED Ferndale Volunteer Fire Department has one vacancy on the Board of Trustees. Applicants must reside within the boundaries of the Ferndale Volunteer Fire District. Persons interested in serving on this volunteer board are encouraged to submit a letter of interest to the Board of Lake County Commissioners at 106 4th Ave. East, Polson, MT 59860 no later than 5 pm, Dec. 19, 2022. This appointment will fill the vacancy until the May 2023 fire board election pursuant to MCA 7-33-2106(4). For further information call the Commissioners at 883-7204 December 14, 15, 16, 18, 19, 20, 2022 MNAXLP _________________________+
No. 29100 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, January 3, 2023, beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. 1. A request from Robert Borgen for a Conditional Use Permit for a ‘Home Occupation’ to allow for a welding/fabrication business on property located at 206 Siblerud Road Near Kalispell, MT. The property is located within the Lower Side Zoning District and is zoned AG-80 (Agricultural). The total acreage involved in the request is approximately 30.10 acres that can legally be described as Parcel B of Certificate of Survey No. 21528 in the NE 1/4 of Section 26, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request from Charles & Geraldine Sunderlin for a Conditional Use Permit for a ‘Home Occupation’ to allow for a gunsmith business on property located at 181 Black Bear Lane, Bigfork, MT. The property is located within the Echo Lake Zoning District and is zoned SAG-5 (Suburban Agricultural). The total acreage involved in the request is approximately 7.82 acres that can legally be described as Tract 5BC in the Northeast Quarter of the Northeast Quarter of Section 9, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. This item will be reviewed by the Bigfork Land Use Advisory Committee on Thursday, December 29, 2022 @ 4:00 p.m. at Bethany Lutheran Church, 8559 Highway 35 in Bigfork. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, January 3, 2023. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information. Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting the Planning & Zoning Office at 751-8200 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. Erik K Mack, AICP® Planning Director December 18, 2022 MNAXLP __________________________
No. 29101 Legal Notice Proposed partial bond release for Green Diamond Resource Company (Green Diamond), located in Flathead County, MT. The Department of Environmental Quality (DEQ) has received a request for bond release for Green Diamond. Green Diamond is authorized to operate multiple decorative stone quarries under Operating Permit No. 00203. The site requested for partial bond release is located on private land in Section 7 of Township 27 north Range 26 west, approximately 7 miles east by northeast of Happys Inn in Lincoln County. DEQ currently holds a reclamation bond in the amount of $10,141 for the Gobbler Knob site. DEQ is proposing to release $8,743 of the bond. The decrease in the bond amount is due to partial completion of reclamation performed by the operator, which includes grading of the talus slope where extraction took place and removal of all pallets, containers, and equipment from the site. DEQ will retain $1,398 to revegetate a small laydown area. Pursuant to Section 82-4-338(5), Montana Code Annotated, DEQ may not release or decrease a reclamation bond until the public has been provided an opportunity for a hearing and a hearing has been held if requested. Requests for a hearing or comments on the proposed bond release must be submitted to DEQ by January 16th, 2023 and sent to Eric Dahlgren, Department of Environmental Quality, Hard Rock Mining Section, Mining Bureau, PO Box 200901, Helena, MT 59620-0901, or to edahlgren@mt.gov. Information about the proposed bond release or copies of the bond calculation may be obtained by contacting Eric Dahlgren at (406) 444-5245 or edahlgren@mt.gov. December 18, 2022 MNAXLP __________________________