Legals for April, 30 2023
No. 29329 INVITATION TO BID NORTH FORK JOCKO BRIDGE SUPPLY PROJECT CSKT/DEWR 23-137 The Confederated Salish and Kootenai Tribe’s Department of Engineering & Water Resources (DEWR) invites interested contractors/bridge manufacturers to submit sealed bids for the North Fork Jocko Bridge Supply Project which consists of procuring and delivering a prefabricated modular steel bridge (16ft x 70ft) and precast concrete abutments to the North Fork Jocko Bridge Project location which is approximately 15.1 miles northeast of Arlee, MT, on the Flathead Indian Reservation. Plans, specifications, and bidding documents may be obtained from: Confederated Salish and Kootenai Tribes, DEWR Safety of Dams Program, Attn: Trevor Bras, P.O. Box 278, Pablo, MT 59855, Phone 406-676-2600 ext. 6208. Project drawings, specifications and bidding documents may also be viewed and downloaded at the following websites: http://www.csktnrd.org/water-management/sod or https://www.montanabid.com/ The successful bidder will be required to enter into an agreement with the Tribes to conduct this project. The successful contractor/manufacturer will be required to conform to the provisions of CSKT Indian Preference Ordinance 101 A and Regulations. Sealed bids or PDF format bids must be received at the address or email address listed in the solicitation no later than 2:00 PM (local time) on May 9, 2023. This Project will be conducted in accordance with the provisions of CSKT’s Indian Preference Ordinance 101A and Regulations. The selection of the successful contractor and award of this project will be per the provisions of Ordinance 101A and Regulations. Tribal Contractors who wish to receive Indian Preference must obtain certification by the Confederated Salish and Kootenai Tribes Indian Preference Office as a legitimate Indian- owned business prior to the submission of bids. Proof of Indian Preference Certification must be included with your bid in the form of a copy of the Certificate issued by the Indian Preference Office. Be advised that evidence of your membership or affiliation with a Tribe does not constitute Indian Preference Certification. Contractors must be certified by the Indian Preference Office in order to claim Indian preference. It is the sole responsibility of the bidder to obtain and provide proof of Indian Preference certification from the Indian Preference Office. April 9, 16, 23, 30, May 7, 2023 MNAXLP __________________________
No. 29381 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. West P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of Richard Bruce Sapa, Deceased. Cause No. DP-23-14(C) NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to C. Mark Hash, attorney for the Personal Representative, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED: January 11, 2023. /s/ William Sapa Personal Representative Hash, O’Brien, Biby & Murray, PLLP /s/ C. Mark Hash Attorneys for Personal Representative April 23, 30, May 7, 2023 MNAXLP __________________________
No. 29383 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on August 7, 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. 8172, located and being in the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) of Section 3, Township 31 North, Range 23 West, P.M.M., Flathead County, Montana. More commonly known as 5630 US Highway 93 W, Whitefish, MT 59937. Brittany Sabrie Richter-Foley, as Grantor, conveyed said real property to First American Title Company of Montana, Inc., a Montana Corporation, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Guild Mortgage Company, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on June 3, 2019, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on June 3, 2019 as Instrument No. 201900010682, and modified pursuant to the Modification Recorded on May 28, 2021, as Entry No. 202100018553, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Lakeview Loan Servicing, LLC Assignment Dated: December 8, 2022 Assignment Recorded: December 8, 2022 Assignment Recording Information: as Instrument No. 202200030077 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 March 10, 2023 as Instrument No. 202300003509, 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 April 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 $207,956.06, interest in the sum of $17,918.25, escrow advances of $6,989.25, other amounts due and payable in the amount of $251.21 for a total amount owing of $233,114.77, 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 27th day of March, 2023. 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. MT21137 April 23, 30, May 7, 2023 MNAXLP __________________________
No. 29392 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for the Grandview Lift Station and Four Mile Drive Forcemain Project. The project primarily consists of furnishing materials, labor, and equipment required to complete the construction of a new lift station and the installation of forcemain, per the following Schedules: Schedule 1: Construct a new Lift Station and associated piping adjacent to the existing lift station site, southeast of Grandview Drive and Highway 93 in Kalispell, MT. Schedule 2: Construct approximately 5,540 lineal feet of 10-inch forcemain via trenching and Horizontal Directional Drilling (HDD). Approximately 1,190 lineal feet of 10-inch HDPE IPS forcemain is to be installed via HDD. This Schedule is located on Four Mile Drive from the intersection of Stillwater Road to the eastside of Highway 93, near the new lift station in Kalispell, MT. Full bidding instructions and the portal to QuestCDN are located 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, May 4th, 2023. Interested Bidders are encouraged to attend the Pre-Bid Meeting. Bids will be received by QuestCDN until 2:00 pm on Thursday, May 25th, 2023. All bids will be publicly opened and read aloud in the City Hall 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, City Clerk & Communications Manager April 30, May 7, 14, 2023 MNAXLP __________________________
No. 29394 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP 136 1st Avenue West P. O. Box 1178 Kalispell, MT 59901 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of: Velma F. Heinrichson, a/k/a Velma Fay Heinrichson, Deceased. Cause No. DP-23-120(E) Notice to Creditors NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to the Personal Representative, Patti Jo Everett, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. Dated: April 24, 2023. /s/ Patti Jo Everett Personal Representative HASH, O’BRIEN, BIBY & MURRAY, PLLP By /s/ C Mark Hash Attorneys for Personal Representative April 30, May 7, 14, 2023 MNAXLP __________________________
No. 29395 CITY OF KALISPELL, MONTANA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Kalispell Planning Board (the “Board”) of the City of Kalispell, Montana (the “City”) will hold two separate public hearings to receive public testimony and evidence on May 9, 2023, at 6:00 p.m., regarding two separate proposed applications to the Montana Department of Commerce, Community Development Block Grant Planning Grant Public and Community Facilities Grant program. The first hearing will be held for the Morning Star Court Community Water and Wastewater Improvement Project application and the second public hearing will be held for the Green Acres Court Community Wastewater Improvement Project. At the public hearing, the proposed projects will be explained, including the purpose and proposed areas of the projects, activities, budgets and possible sources of funding. All interested persons will be given the opportunity to ask questions and to express their opinions regarding these proposed projects. The public can participate via video conference at https://us02web.zoom.us/j/86325603604 Public comment for this hearing can also be provided via email to planning@kalispell.com. All evidence and public comment derived from these hearings shall be included in the Morning Star Court Community and Green Acres Court Community applications respectively for funding from the CDBG Block Grant program. Further information may be obtained from the Planning Department, whose address is Kalispell City Hall, 201 1st Avenue East, Kalispell, Montana, telephone number (406) 758-7940, email planning@kalispell.com, mailing address PO Box 1997, Kalispell, Montana 59903. Any interested persons may appear via teleconference and be heard at this scheduled public hearing or may file written comments with the Planning Department prior to such hearing. /s/Jarod Nygren/KR Jarod Nygren Development Services Director April 30, May 7, 2023 MNAXLP __________________________
No. 29396 Timothy J. Shaffer Michelle Finch Mary Kate Moss Melissa Stones-Smith Gravis Law, PLLC 1830 3rd . Ave. E., Ste. 302 Kalispell, MT 59901 Phone: 406-451-7248 Fax: 866-419-9269 tshaffer@gravislaw.com Attorneys for Co-Petitioners MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN RE THE GUARDIANSHIP OF: JAMES SCOTT MALTESE, Minor Child. Cause No. DG-2022-117 SUMMONS FOR PUBLICATION THE STATE OF MONTANA sends greetings to Jessica Alger: YOU ARE HEREBY SUMMONED to respond to the Petition in this action, which is filed in the office of the Clerk of the Court at the Courthouse, Kalispell, Montana, and to file your Response and serve a copy thereof upon the Co-Petitioners’ attorney, whose name and address are listed above, within twenty-one (21) days of the date of the last publication of this Summons; and in case of your failure to appear or respond, a Decree will be taken by default for the relief prayed for in the Petition, to-wit: an order appointing permanent guardian of the minor child in favor of Co-Petitioners. DATED this 18th day of April, 2023. PEG L. ALLISON Clerk of Court By: Prisha Quesada Deputy Clerk April 30, May 7, 14, 2023 MNAXLP __________________________
No. 29397 Timothy J. Shaffer Michelle Finch Mary Kate Moss Melissa Stones-Smith Gravis Law, PLLC 1830 3rd . Ave. E., Ste. 302 Kalispell, MT 59901 Phone: 406-451-7248 Fax: 866-419-9269 tshaffer@gravislaw.com Attorneys for Co-Petitioners MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN RE THE GUARDIANSHIP OF: JOSEPH CHRISTOPHER MALTESE, Minor Child. Cause No. DG-2022-116 SUMMONS FOR PUBLICATION THE STATE OF MONTANA sends greetings to Jessica Alger: YOU ARE HEREBY SUMMONED to respond to the Petition in this action, which is filed in the office of the Clerk of the Court at the Courthouse, Kalispell, Montana, and to file your Response and serve a copy thereof upon the Co-Petitioners’ attorney, whose name and address are listed above, within twenty-one (21) days of the date of the last publication of this Summons; and in case of your failure to appear or respond, a Decree will be taken by default for the relief prayed for in the Petition, to-wit: an order appointing permanent guardian of the minor child in favor of Co-Petitioners. DATED this 26 day of April, 2023. PEG L. ALLISON Clerk of Court By:/s/ JESSICA McMULLEN Deputy Clerk April 30, May 7, 14, 2023 MNAXLP __________________________
No. 29399 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION LOWER SIDE 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. 957BQ) on April 27, 2023, to change the zoning designation in a portion of the Lower Side Zoning District from R-2 (One Family Limited Residential) to B-2 (General Business). The boundaries of the areas proposed to be amended from R-2 (One Family Limited Residential) to B-2 (General Business) are described as: Lot 27 of Lot 27 and Well Site of the Amended Plat of Lots 26 and 27 of Sunrise Terrace No. 2, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana in Section 2, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the R-2 and B-2 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 Lower Side 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 Lower Side Zoning District. DATED this 27th day of April 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell Brad W. Abell, Chairman April 30, May 7, 2023 MNAXLP __________________________
No. 29400 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION EVERGREEN 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. 797HY) on April 27, 2023, to change the zoning designation in a portion of the Evergreen Zoning District located along River Road near Kalispell, Montana from R-1 ‘Suburban Residential’ to RA-1 ‘Residential Apartment’. The boundaries of the areas proposed to be amended from R-1 ‘Suburban Residential’ to RA-1 ‘Residential Apartment’ are described as: Parcel 1 of Certificate of Survey No. 21873, located and being in the Southwest Quarter of Section 4, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the R-1 and RA-1 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 Evergreen 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 Evergreen Zoning District. DATED this 27th day of April 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell Brad W. Abell, Chairman April 30, May 7, 2023 MNAXLP __________________________