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Legals for December, 25 2022

| December 25, 2022 12:00 AM

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. 29081 INVITATION TO BID – ADDENDUM 1 CHANGED THE BID OPENING DATE FROM JANUARY 5 TO JANUARY 26, 2023 The City of Kalispell, Montana will receive sealed bids for the Lower Zone 1.7 MG and 2.7 MG Storage Tanks Roof Replacement project. The project primarily consists of furnishing materials, labor, and equipment required to demolish and reconstruct the roof structures. Bidding documents may be examined at the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Plans and specifications may also be examined through QuestCDN. Full bidding instructions and the City of Kalispell portal to QuestCDN is located on the City of Kalispell website at https://kalispell.com/bids.aspx. The City will be only accepting online electronic bids through QuestCDN. A Pre-Bid Meeting will be held virtually through Microsoft Teams at 2:30 PM on Thursday, December 29, 2022.  Bids will be received by QuestCDN until 2:30 PM on Thursday, January 26, 2023. All bids will be publicly opened and read aloud at 2:30 PM on Thursday, January 26, 2023 in the City Hall First Floor Conference Room, 201 1st Ave. East, Kalispell 59901. Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting held on August 15, 2022. City of Kalispell, Aimee Brunckhorst, City Clerk & Communications Manager December 11, 25, 2022 & January 15, 2023 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. 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. 28, 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, 21, 22, 23, 25, 26, 27, 28, 2022 MNAXLP __________________________

No. 29106 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARING The Columbia Falls City-County Planning Board will hold a public hearing for the following items at their regular meeting on Tuesday, January 10, 2023 at 6:30 p.m. at the Cafetorium in the Columbia Falls Junior High School, 1805 Talbot Road, Columbia Falls, Montana. The Columbia Falls City Council will hold a subsequent hearing at a special meeting on January 30, 2023 starting at 7:00 p.m. in the same location. Request for a Planned Unit Development (PUD) for the River Highlands Development:   James Barnett, on behalf of River Highlands LLC, is requesting a Planned Unit Development in the Columbia Falls Zoning Jurisdiction called River Highlands.  The property is located at 264, 316, 378, & 494 River Road in Columbia Falls and is described as Lots 1, 2, & 3 of Loeffler Ridge Subdivision and Assessor’s Tracts 7 B and 7BB (Tracts 1 and 3 of COS 14045) in Section 16, Township 20 North, Range 20 West, P.M.M., Flathead County.  The project consists of 83 detached single family homes; 98 attached single family townhomes, 162 apartment units.  The total unit count is 343 units on 49.1 acres gross for a density of 6.9 units per acre.  The applicant is proposing 19.55 acres (40%) of the site as park and open space.  With the project, the applicant is proposing to move River Road further east on Highway 2 and, if supported by MDOT, the applicant would install a traffic signal at Highway 2 and River Road. The applicant is not requesting any deviations other than the clustering of density and the density bonus provided by the PUD regulations. Request for Preliminary Plat approval of the River Highlands Subdivision in the Columbia Falls Zoning Jurisdiction:   James Barnett, on behalf of River Highlands LLC, is requesting preliminary plat approval for property located at 264, 316, 378, & 494 River Road in Columbia Falls further described as Lots 1, 2, & 3 of Loeffler Ridge Subdivision and Assessor’s Tracts 7 B and 7BB (Tracts 1 and 3 of COS 14045) in Section 16, Township 20 North, Range 20 West, P.M.M., Flathead County.  The applicant will subdivide the property to create 21 lots (17 residential and 4 open space lots). The subdivision will extend Municipal water and sewer services along with reconstructing River Road and incorporating a detached pedestrian path.  The new roads within the project will be public and privately maintained but all open to the public.  The proposed subdivision is part of a PUD application for River Highlands.  Persons are encouraged to submit written comments prior to the meeting.  Written comments carry the same weight as public testimony given during the hearing.  Written comments may be sent to Columbia Falls City Hall, Attention: Barb Staaland, City Clerk, 130 6th Street West, Room A, Columbia Falls, MT 59912 or via email: staalandb@cityofcolumbiafalls.com. For more information on the proposed River Highlands Development, please call Eric Mulcahy, Columbia Falls City Planner at 755-6481.  DATED this 15th day of December, 2022 /s/ Susan Nicosia Susan Nicosia, City Manager/Planning & Zoning Administrator COLUMBIA FALLS CITY-COUNTY PLANNING BOARD  December 25, 2022 MNAXLP __________________________

No. 29108 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION JANUARY 10, 2023 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January 10, 2023, beginning at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell.   The public can participate in person in the Council Chambers or via videoconferencing. Register to join the video conference at: https://us02web.zoom.us/j/82356796802?pwd=SGV6VW0vT092OFdLSTJmVnc2bHpDZz09 Public Comment can also be provided via email to planning@kalispell.com  The planning board will hold a public hearing and take public comments on the agenda item listed below: Files #KPP-22-07 and KZC-22-05 – The application contains a request from Owl Corporation and Flathead Village Greens, LLC, for a zone change from R-2 (Residential) to R-4 (Residential) covering approximately 182.15 acres, as well as a request for major preliminary plat approval for Stillwater Village, a subdivision with eight (8) phases containing a total of 181 lots (67 detached single-family and 114 attached single-family homes) on approximately 46.78 acres in lots, streets, common areas, and land held for future development.  Additionally, the plat contains approximately 20.01 acres as park area and park access (for a total of approximately 66.79 acres) to serve both the initial eight phases and future phases on the overall property that are not part of the initial preliminary plat.  The property is located south of Silverbrook Estates, west of Highway 93 and Hagerman Lane, north of Northern Pines Golf Course, and bordering the Stillwater River on the western edge of the property.  The property can be described as a Tracts 1 and 2 of Certificate of Survey No. 22183, on file and of record in Flathead County, Montana, located in the SW1/4 of the SE ¼ and the SE ¼ of the SW ¼ of Section 13 and the N ½ of the NE ¼ and the NE ¼ of the NW ¼ of Section 24, Township 29 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana.  Documents pertaining to the agenda item are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda item is posted on our website at https://mt-kalispell.civicplus.com/314/Planning-Board under planning board “upcoming agenda.”  Interested persons are encouraged to present their views and concerns to the Planning Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing or work session, or you may call us at (406) 758-7940 or e-mail us at planning@kalispell.com for additional information. The City of Kalispell does not discriminate on the basis of disability in its programs, services, activities and employment practices. Accessible parking is available at the rear entrance to City Hall off the alley, where there is an accessible entrance, and accessible restrooms are available.   If you need auxiliary aids or services for effective communication or other reasonable accommodation to participate in the meeting or hearing, please contact the Development Services front desk at (406) 758-7940 as soon as possible, preferably at least five working days before the meeting date. /s/Jarod Nygren/KR Jarod Nygren Development Services Director December 25, 2022 MNAXLP __________________________

No. 29109 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY PLANNING BOARD REGULAR MEETING The Flathead County Planning Board will hold their regular meeting on Wednesday, January 11, 2023, beginning at 6:00 PM in the 2nd floor conference room of the South Campus Building, 40 11th Street 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 request from Mary Lee Thamert, for a Major Land Use Review to allow for the construction of a single-family dwelling on property located at 140 River Bend Court, West Glacier, MT. The property contains approximately 0.53 acres and is located within the Middle Canyon area of the C.A.L.U.R.S (Canyon Area) Zoning District. The property can legally be described as Tract 1F in Government Lot 3 in Section 35, Township 32 North, Range 19 West, P.M.M., Flathead County, Montana. This item was reviewed by the Middle Canyon Land Use Advisory Committee on Tuesday, November 29, 2022. A zone change request from Majestic View, LLC, with technical assistance from Sands Surveying Inc., for property within the Lower Side Zoning District. The proposal would change the zoning on a parcel of land located at 150 Majestic View Drive, near Kalispell, MT, from AG-20 (Agricultural) to SAG-10 (Suburban Agricultural). The total acreage involved is 20.001 acres that can legally be described as Tract 3 of Certificate of Survey No. 21268, located and being in the West Half of the Southwest Quarter of Section 27, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. A zone change request from Jason R. & Raquela D. Garza for property within the Westside Zoning District. The proposal would change the zoning on a parcel of land located at 415 Lake Hills Lane, Kalispell, MT from R-1 (Residential) to SAG-5 (Suburban Agricultural). The total acreage involved in the request is 8.16 acres that can legally be described as Lot 25 of Lake Shore Hills Unit No. 1 in Section 14, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.   A request from Sands Surveying, Inc., on behalf of Myonsuk Chon & Seung Jun Jung for property within the Westside Zoning District. The proposal would change the zoning in a parcel of land located at 1318 Armstrong Lane, near Kalispell, MT from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural). The total acreage involved in the request is 12.88 acres that can legally be described as follows: A Tract of land, situated, lying, and being in the East Half of the Southwest Quarter of the Southeast Quarter (E1/2SW1/4SE1/4) of Section 10, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.   EXCEPTING THEREFROM a Tract of land in the Southeast corner of the SW1/4SE1/4 of Section 10, particularly described as follows:   Commencing at the Southeast corner of said SW1/4SE1/4; thence Westerly along the Section line a distance of 349 feet; thence North 00 degree00’ East, a distance of 390 feet; thence North 30degree44’ East, a distance of 99 feet; thence North 15degree08’ East, a distance of 100.3 feet; thence North 01degree45’ East, a distance of 100 feet; thence North 10degree19’ West, a distance of 92.5 feet; thence South 87degree35’ East, a distance of 294.3 feet; thence Southerly along the subdivision line a distance of 740 feet to the place of beginning. ALSO EXCEPTING THEREFROM a Tract of land in the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 10, and more particularly described as follows: Commencing at a point on the South boundary line of said Section 10 which is a distance of 349 feet West from the Southeast corner of said SW1/4SE1/4; thence due North a distance of 390 feet; thence South 65degree00’ West, a distance of 227.6 feet; thence South 06degree15’ West, a distance of 297 feet; thence Easterly along the section line, a distance of 243.5 feet to the place of beginning.  A zone change request from APEC Engineering, on behalf of Montarise Developments, LLC for property within the Prairie View and Highway 93 North Zoning Districts. The proposal would change the zoning on three parcels of land located north of KM Ranch Road near Whitefish, MT from SAG-5 (Suburban Agricultural) to R-2.5 (Rural Residential). The total acreage involved is approximately 155.9 acres that can legally be described as follows: Parcel A of Correction Certificate of Survey No. 17161, located and being in a portion of Section 36, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. 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, Commissioners’ Office :: Flathead County (mt.gov), 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 January 11, 2023 @ 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, Planning and Zoning :: Flathead County (mt.gov) Persons with a disability may request a reasonable accommodation by contacting the Flathead County Planning & Zoning Office at 406-751-8200 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 25, 2022 MNAXLP __________________________

No. 29110 CITY OF KALISPELL, MONTANA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Kalispell, Montana will hold a public hearing on the proposed establishment of a Commercial Property Assessed Capital Enhancement (“C-PACE”) district where owners of private commercial, industrial or multi-family housing can make eligible Energy Conservation Project improvements and repay the costs through assessments on the property over time, on January 3, 2023, at 7:00 p.m., in the Council Chambers in the Kalispell City Hall, 201 1st Avenue East, Kalispell, Montana. The proposed district establishes an avenue for private facility owners to work with private lenders through an assessment placed on the annual property tax bills for projects that take advantage of the program. On January 3, 2023, at 7:00 pm in the City Hall Council Chambers, 201 First Avenue East, Kalispell, the Kalispell City Council will hold a public hearing regarding the proposed establishment of the C-PACE district. The proposed program can be viewed on the City’s website at www.kalispell.com/679/Council-Public-Hearings or in the office of the City Clerk at 201 First Avenue East, Kalispell.  Any person wishing to address the proposed amendments may appear at this hearing and make oral statements or present same in writing. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to publiccomment@kalispell.com prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. Aimee Brunckhorst, CMC, City Clerk December 25, January 1, 2022 MNAXLP __________________________

No. 29115 INVITATION FOR BIDS The City of Kalispell, Montana will receive sealed bids for the Wastewater Treatment Plant (WWTP) Main and Headworks Structure project. The project primarily consists of furnishing materials, labor, and equipment required for the replacement of approximately 360 linear feet of 36” RCP sewer main with approximately 312 linear feet of 54” PVC main and 28 feet of 36” PVC main. Project includes the installation of a box structure, partial replacement of connecting mains, lining of concrete structures, bypass pumping, dewatering, and other related items necessary for completion of the work. Full bidding instructions and the portal for QuestCDN where plans and specifications may be examined is located on the City of Kalispell website at https://kalispell.com/bids.aspx. The City will be only accepting online electronic bids through QuestCDN. A Pre-Bid Meeting will be held in the City Hall First Floor Conference Room, 201 First Avenue East, Kalispell, Montana 59901 at 2:00 PM on Thursday, January 19, 2022. Interested Bidders are encouraged to attend the Pre-Bid Meeting. Bids will be received by QuestCDN until 2:00 PM on Thursday, January 26, 2022. 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 15, 2022.        City of Kalispell, Aimee Brunckhorst, City Clerk & Communications Manager December 25, 2022 & January 15, 2023 MNAXLP __________________________

No. 29116 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for the Stormwater Treatment Facilities Project. The project primarily consists of furnishing materials, labor, and equipment required to install new stormwater treatment facilities with approximately 3 hydrodynamic separators, 1 stormwater filter, 3 manholes, and 150 linear feet of 12-inch, 21-inch, and 42-inch storm sewer pipe. The project also includes pavement, asphalt concrete, sidewalk, curb and gutter, and landscape restoration. Full bidding instructions and the portal to QuestCDN where plans and specifications will be available is located on the City of Kalispell website at https://kalispell.com/bids.aspx. The City will only be accepting online electronic bids through QuestCDN. A Pre-Bid Meeting will be held virtually through Microsoft Teams at 2:30 PM on Tuesday, January 10, 2023. Interested Bidders are encouraged to attend the Pre-Bid Meeting. Bids will be received by QuestCDN until 3:00 PM on Thursday, January 19, 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 15, 2022. City of Kalispell, Aimee Brunckhorst, City Clerk & Communications Manager December 25, 2022 & January 8, 2023 MNAXLP _________________________