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Legals for October, 16 2022

| October 16, 2022 12:00 AM

No. 28958 CITY OF KALISPELL REQUEST FOR QUALIFICATIONS ENGINEERING CONSULTANTS FOR BUFFALO HILLS GOLF COURSE STILLWATER BRIDGE REPAIR PROJECT Pursuant to the authority granted to it under MCA 7-5-4301(2)(a)., the City of Kalispell seeks to procure a qualified professional consulting engineer to perform analysis, design and construction services for the Buffalo Hill Golf Club (BHGC) Stillwater Bridge Repair Project. The Statement of Qualifications (SOQ) must be received by the City Clerk at 201 First Avenue East (PO Box 1997, Kalispell, MT 59903), Kalispell, Montana 59901, by 5:00 p.m. local time, November 15, 2022. Full SOQ directions including the anticipated scope of work, drawings, selection criteria, submittal requirements, and selection process and schedule are available on the city of Kalispell website at: https://www.kalispell.com/bids.aspx October 16, 30, 2022 MNAXLP __________________________

No. 28949 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TWO BRIDGES 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. 691B) on October 4, 2022, to change the zoning designation in a portion of the Two Bridges Zoning District located at 7180 Highway 2 East near Columbia Falls, Montana from SAG-10 'Suburban Agriculture' to SAG-5 'Suburban Agriculture'. The boundaries of the areas proposed to be amended from SAG-10 'Suburban Agriculture' to SAG-5 'Suburban Agriculture' are described as: Starting at the intersection of the Northerly limit of Highway No. 37, with the Easterly boundary of Section 16 said intersection being a distance of 103.20 feet North of the Quarter corner common to Sections 15 and 16; thence Northerly along the Easterly boundary of said Southeast Quarter of the Northeast Quarter, a distance of 1221.80 feet, to the Northeast corner of said Southeast Quarter of the Northeast Quarter; thence Westerly along the North boundary of said Southeast Quarter of the Northeast Quarter, a distance of 293.00 feet to a point, thence South 9°58'00" West, a distance of 1251.00 feet, more or less, to the Northerly limit of Highway 37; thence North 89°12'00" East, a distance of 479.60 feet measured along the Northerly limit of Highway No. 37 to the Point of Beginning. Excepting therefrom that portion Deeded to the State of Montana for highway purposes in Decree recorded August 23, 1983, as Doc. No. 17072, in Book 782, page 377, records of Flathead County, Montana. The regulations defining the SAG-5 and SAG-10 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 Happy Valley 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 Two Bridges Zoning District. DATED this 4th day of October 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman October 9, 16, 2022 MNAXLP __________________________

No. 28959 NOTICE OF HEARING ON PROPOSED FY22 BUDGET AMENDMENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Flathead County, Montana intends to amend the budget for the 2021-2022 fiscal year and that said budget amendment affects the following functions: general government; public safety; public works; public health; social and economic services; culture and recreation and solid waste. Details are open to public inspection in the Office of the Flathead County Clerk & Recorder, 800 South Main, Kalispell, Montana and also available on the County website at https://flathead.mt.gov/department-directory/finance. The Board will meet on the 1st day of November, 2022 at 9:15 a.m. for the purpose of holding a hearing and consideration of the amendment to the original budget. Said meeting is to be held in the Commissioners' Chambers, Third Floor, 800 South Main, Kalispell, Montana. Any taxpayer or resident may appear at the hearing and will be heard for or against any part of the proposed budget amendment. For further information, please contact Amy Dexter, Finance Director, 800 South Main, Room 214, Kalispell, Montana 59901, Telephone (406) 758-5538. Written comments are encouraged and will be reviewed by the Commissioners if received by the Flathead County Commissioners' Office prior to the hearing. DATED this 11th day of October 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman October 16, 23, 2022 MNAXLP __________________________

No. 28955 NOTICE OF BOARD POSITION VACANCIES MAKE A DIFFERENCE IN YOUR COMMUNITY Flathead County is seeking individuals who want to make a difference in their community by filling vacancies on various Boards. Letters of interest are being accepted for a limited number of openings on the following Boards: Flathead County Board of Adjustment, Flathead County Planning Board, Columbia Falls City-County Planning Board and Zoning Commission, Ashley Lake Land Use Advisory Committee, Egan Slough Planning and Zoning Commission, Helena Flats Land Use Advisory Committee, LaBrant-Lindsey Land Use Advisory Committee, Little Bitterroot Lake Land Use Advisory Committee, Middle Canyon Land Use Advisory Committee, Riverdale Land Use Advisory Committee, Rogers Lake Land Use Advisory Committee, and the West Valley Land Use Advisory Committee. All positions are appointed by the Board of County Commissioners. TO APPLY FOR ANY OF THESE POSITIONS: Letters of interest (please specify which board/committee you are applying for) including name, physical address, mailing address, daytime phone number and qualifications should be submitted to: Flathead County Planning & Zoning Office South Campus Building 40 11th Street West, Ste 220 Kalispell, MT 59901 All letters of interest should be received by 5:00 p.m. on November 18, 2022. For additional information and specific qualifications please call 751-8200 or visit our website: flathead.mt.gov/planning_zoning October 12, 16, 19, 23, 26, 30, November 2, 6, 9, 13, 2022 MNAXLP __________________________

No. 28962 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, November 1, 2022, beginning at 6:00 PM in the 2nd floor conference room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. Individuals that would like to participate via Zoom meeting may do so by following the instructions below. To access the meeting and give oral public comment, please follow the instructions below. Join Zoom Meeting https://us06web.zoom.us/j/85733453215 Meeting ID: 857 3345 3215 One tap mobile +12532158782,,85733453215# US (Tacoma) +13462487799,,85733453215# US (Houston) Dial by your location +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 719 359 4580 US +1 386 347 5053 US +1 564 217 2000 US +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 309 205 3325 US +1 312 626 6799 US (Chicago) Meeting ID: 857 3345 3215 Find your local number: https://us06web.zoom.us/u/krZPQ0KVj You will be instructed during the meeting when the public comment period is open for each agenda item. A request from Zacharia Guenzler for a variance to Sec tion 3.07.040(3)(A) and to Sec tion 3.07.040(5) of the Flathead County Zoning Regulations (FCZR), to the front yard setback requirements and permitted lot coverage. The subject property is zoned SAG-10 (Suburban Agricultural) and is located at 586 Wolf Creek Drive, Bigfork, MT within the Bigfork Zoning District. The property can legally be described as Tract 3C and Tract 3FA in Government Lot 5 of Section 22, 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, October 27, 2022 @ 4:00 pm at Bethany Lutheran Church 8559 Highway 35 in Bigfork, MT. A request from Kevin Knapp for a conditional use permit for a 'Tavern' to be located at 46 W Reserve Drive, Suite A, Kalispell, MT. The proposed tavern would operate out of a single unit on a multi-unit commercial lot that is located within the Evergreen Zoning District and is zoned B-2/Evergreen Enterprise Overlay (General Business/Evergreen Enterprise Overlay). The property can le gally be described as Unit A of Tract 5C in Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 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, November 1, 2022. 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 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 October 16, 2022 MNAXLP __________________________

No. 28954 INVITATION FOR BIDS The Flathead County Water District #1 - Evergreen, Montana will receive sealed bids for the WATER AND WASTEWATER SYSTEM SCADA UPGRADES PROJECT. The project generally includes furnishing materials, labor, and equipment required to complete control system upgrades on 32 sites, 4 wells, 1 booster station, 1 reservoir, and 26 lift station facilities within the Flathead County - Evergreen Water and Sewer District # 1 distribution and collection system area. Work consists of control system equipment replacement and associated wiring modifications within existing control panels, conduits and wiring to provide signal from existing instrumentation to control panel, and associated electrical work. Bidding documents may be examined at the Flathead County Water District #1 - Evergreen office, 130 Nicholson Dr. Kalispell, MT 59901. Plans and specifications may also be examined beginning Monday, October 17, 2022, through QuestCDN. Flathead County Water District # 1 - Evergreen portal to QuestCDN is located on the AE2S web page at www.ae2s.com. Click on the project title, Quest # 8232084. A page will open which allows free viewing of the project and plan holders list. The District will only be accepting online electronic bids through QuestCDN. Electronic plan download and electronic bidding can be completed through QuestCDN for a fee of $30.00. To access the electronic bid form, download the project documents and click the online bidding button at the top of the advertisement. For electronic bids, scans of required electronic bid documents will be accepted. Construction of the WATER AND WASTEWATER SYSTEM SCADA UPGRADES shall be performed by an Electrical Contractor who is registered with the Montana Department of Labor and Industry. The Contractor shall be properly registered at the time of submitting the Bid. Any bidder wishing further information may obtain the same from Flathead County Water District # 1 - Evergreen, 130 Nicholson Dr. Kalispell, MT 59901. Phone 406-257-5861. A Pre-Bid Meeting will be held in the District office, 130 Nicholson Dr. Kalispell, MT 59901 at 1:30 PM on November 2, 2022. Interested Bidders are encouraged to attend the Pre-Bid Meeting. A site/facility field review will be provided to three sites after the Pre-Bid Meeting. Bids will be received until 2:30 PM on November 9, 2022. All bids will be publicly opened and read aloud at 3:00 PM on November 9, 2022 at the Flathead County Water District #1 - Evergreen office, 130 Nicholson Dr. Kalispell, MT 59901. All bidders shall, as bid security, accompany the bid with: 1) lawful currency of the United States or a cashier's check; or 2) a certified check or bank money order drawn and issued by a national bank located in Montana or by a banking corporation incorporated in Montana; or 3) a bid bond or bonds, executed by a surety corporation authorized to do business in Montana. The bid security shall be in the amount of ten percent (10%) of the amount bid. Any such bank instrument shall be payable to Flathead County Water and Sewer District # 1. If a contract is awarded, the bidder whose bond is accepted and who shall thereafter refuse to enter into and execute the proposed contract, or as stated in the covenant, shall absolutely forfeit such moneys or bank instruments to the District, and become immediately liable on said bid bond in said sum. The bid security shall be returned to the unsuccessful bidders. All bids must expressly covenant that if the bidder is awarded the contract, the bidder shall within fifteen (15) calendar days of the acceptance of said bid by the District Board, enter into a contract and give good and sufficient bond to secure the performance of the terms and conditions of the contract. In the event the successful bidder does not enter into a formal contract within fifteen (15) calendar days or give sufficient bond to secure performance, the bidder shall pay unto the District the difference between the amount of the bid of said bidder and the amount for which the District legally contracts with another party to perform said work if the latter amount is more than the former. No bid shall be withdrawn after the opening of bids without the consent of the District Board for a period of sixty (60) days after the scheduled time of receiving the bids. The District will accept the lowest responsible bid, but the Board reserves the right to reject any and all bids or to waive any technicality or informality and accept any bid which may be deemed in the best interest of the District. The successful bidder will be required to abide by Federal and State laws, particularly Section 18-2-401 et seq., M.C.A. (Montana Prevailing Wage Rates) The successful bidder will be required to furnish an acceptable security for the full amount of the contract for faithful performance thereof and payment of labor, material and subcontractor claims. The successful bidder will be assessed the Montana Contractor's withholding tax. The successful bidder shall be required to furnish to the District evidence of insurance in accordance with the Sixth Edition of the Montana Public Works Standard Specifications. The successful bidder shall for the purpose of the Contract with the District, name Flathead County Water and Sewer District # 1 as additional insured on said policy while performing work under District contract. Authorized by order of the District Board of Flathead County - Evergreen Water and Sewer District # 1, Montana, in a regular meeting held on August 17, 2022. Flathead County Water District # 1 - Evergreen By Cindy Murray General Manager October 16, 23, 2022 MNAXLP ________________________

No. 28961 NATIONAL FOREST TIMBER FOR SALE FLATHEAD NATIONAL FOREST The Lemonade Fire Suppression Decks Sale is located within T29N, R25W, Portion of Section 26,33, Flathead County, State of Montana, PMM. The Forest Service will receive Sealed bids at SO, Kalispell, MT before or at the time of public bid opening at 2:00 PM local time on 10/25/2022 for an estimated volume of 129 CCF of Douglas-fir and Other sawtimber marked or otherwise designated for cutting. The Forest Service reserves the right to reject any and all bids. Interested parties may obtain a prospectus from the office listed below. A prospectus, bid form, and complete information concerning the timber, the conditions of sale, and submission of bids is available to the public from the 650 Wolfpack Way Kalispell, MT 59901. USDA is an equal opportunity provider, employer, and lender. October 16, 2022 MNAXLP __________________________

No. 28933 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on February 1, 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: The Northeast Quarter of the Northwest Quarter of Section 9, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. More commonly known as 682 Hankinson Lane, Kalispell, MT 59901. Elisha Hankinson and Will Hankinson, as Grantors, conveyed said real property to Insured Titles, 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 December 12, 2018, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on December 12, 2018 as Instrument No. 201800029907, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Arvest Central Mortgage Company Assignment Dated: June 14, 2022 Assignment Recorded: August 4, 2022 Assignment Recording Information: as Instrument No. 202200020467 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 August 18, 2022 as Instrument No. 202200021962, 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 March 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 $195,107.67, interest in the sum of $6,704.85, other amounts due and payable in the amount of $1,601.05 for a total amount owing of $203,413.57, 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 September, 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. MT11635 October 2, 9, 16, 2022 MNAXLP __________________________

No. 28934 Public Notice: Notice of Application for Air Quality Permit (Pursuant to Section 75-2-211, MCA, and Rule 208, Section 5 of Flathead County Air Pollution Control Program, OPEN BURNING, Montana Rockworks, INC. has filed or will file on or about 10/3/22 an application for a conditional air quality open burning permit from the Environmental Health Services Division, Flathead City-County Health Department. Applicant seeks approval of application to open burn wood pallets (broken beyond repair), at 11190 HWY 2 West, N1/2 of s11-T26N-R25W Tract 1; & 1107 Rose Crossing, S1/4SE1/4 of S21-T29N-R21W Tract 2JA, Flathead County, Montana. Any Member of the public with questions or who wishes to receive notice of the Department's determination, and the location where a copy of the application and the Department's analysis of it can be reviewed, or to submit comments on the application, must contact the Flathead City-County Health Department, Environmental Health Service Division at 1035 1st Avenue West, Kalispell, MT 59901, Phone (406) 751-8130. Any comments on the application must be submitted to the Department within 20 days after publication of this notice or filing of the application. The Department's decision to approve or deny an application for a Conditional Open Burning Permit may be reviewed by the Board of Health according to the following procedure: When the Division approves or denies the application for a Conditional Open Burning Permit under this section, a person who is affected by the Department's decision may request a hearing before the Board, within 3 days after the Department renders its final decision. The Department's decision on the application is not final unless 3 days have elapsed and there is no request for a hearing under this section. The filing of a request for a hearing may postpone the effective date of the Department's decision. October 2, 9, 16, 2022 MNAXLP __________________________