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Legals for December, 24 2023

| December 24, 2023 12:00 AM

NO. 29946 Montana Department of Transportation Notice of Sale of Real Estate NOTICE IS HEREBY GIVEN that the Montana Department of Transportation will sell at public auction, with reserve, to the highest bidder, the following described real estate: A tract of land in the SW¼NW¼ of Section 1, and the SE¼NE¼ of Section 2, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana, as shown by the shaded area on the exhibit, consisting of 1 page attached hereto and made a part hereof, containing an area of 10.23 acres, more or less. The auction will be held beginning at 11:30 a.m. on Monday, January 8, 2024 in Conference Rooms A & B on the second floor of the Earl Bennett Building (Flathead City-County Health Department), 1035 1st Ave W., Kalispell, Montana 59901. Terms: 10% down payment by check at auction. The auction is complete when the auctioneer announces that the down payment has been paid. The appraised value of this land is $521,750.00. Under statutory restrictions, the State cannot accept any bid under 90% of the appraised value. The property is being sold AS IS. Sale will be conducted pursuant to the Montana Code Annotated. Additional information and a copy of the “Detailed Terms and Conditions” of the sale may be obtained from the Real Estate Services Section, Right-of-Way Bureau, Jenna Bousman, Montana Department of Transportation, 2701 Prospect Avenue, P.O. Box 201001, Helena, Montana, 59620-1001, phone (406) 444-9272 or TTY 1-800-335-7592 for the hearing impaired or MDT’s website at https://www.mdt.mt.gov/business/real_estate.shtml. Dec. 10, 13, 17, 20, 24, 27, 31, 2023 and Jan. 3, 7, 2024 MNAXLP __________________________

NO. 29959 REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES The Somers County Water and Sewer District is soliciting proposals from engineering firms to evaluate the District’s need for improvements to its public water system. The selected engineering firm will prepare a comprehensive Preliminary Engineering Report (PER) including recommendations for improvements to wells and piping that may be necessary to ensure efficient operation and compliance with State standards. The District may use the PER to support funding applications to any funding agency including, Rural Development, USDA; Montana Coal Endowment Program, Community Development Block Grant, State Revolving Loan Fund and the Montana Department of Natural Resources and Conservation for loans and grants. Therefore, it is imperative that the amended PER comply with guidelines set forth by the Uniform Preliminary Engineering Report Outline and meets the requirements of these various funding agencies. The services to be provided during the Planning Phase will include, but are not limited to: 1. Assessment of existing conditions and summary of system requirements, including data collection; 2. Preparation of a detailed alternatives analysis of potential improvements to the District’s existing water system; 3. Development of recommendations regarding possible improvements that may be needed including design criteria, construction cost estimates and a prioritization of each proposed improvement; 4. Completion of an amended Preliminary Engineering Report meeting the requirements of the Uniform PER Outline; 5. Conducting two public meetings pertaining to the development of the alternatives for the PER and the final recommendations. 6. Further support and assistance as needed.  Upon the completion of the PER, the District may, at its discretion, utilize the selected engineering firm to develop a funding strategy, prepare funding applications for construction grants and loans, final design of necessary improvements, and/or construction administration and inspection. Responses to this RFP should include: 1. The firm’s legal name, address and telephone number; 2. The principal(s) of the firm and their experience and qualifications; 3. The experience, qualifications and availability of the staff to be assigned to the project; 4. A description of the firm’s prior experience, total construction cost and name of a local official knowledgeable of the firm’s performance. Include at least three (3) references; 5. A description of the firm’s current work activities and how these would be coordinated with the project as well as the firm’s anticipated availability during the term of the project; 6. A proposed work plan and schedule for the activities to be performed; 7. A list of experience working in similar sized communities involving Public Sewer and Water Systems (include a contact telephone number.) Respondents will be evaluated according to the following factors: Overall quality of the proposal; 10% Proximity of the location of the engineering firm to the project area; 10% Prior experience of firm with similar projects; 20% Engineering firm’s prior and ongoing experience with the District; 15% Availability and experience of the project engineer to be assigned to this project; 20% Conflicts of interest within the District/ Ability to manage conflicting projects within the District; 15% References 10% The District may select the engineering firm based on an evaluation of the written proposals or select several finalists to be interviewed. The Award will be made to the firm whose proposal is deemed most advantageous to the District. Questions and responses should be directed to the District Manager, Andy Loudermilk. 406-857-2580, andyl.sws@outlook.com. All proposals will be submitted electronically to Andy Loudermilk at andyl.sws@outlook.com by January 31th at 5:00 p.m. In addition, please mail (5) copies to the District (attn: Andy Loudermilk) and mark the outside of the response package with “Somers Water PER - Engineering Services Proposal.” Somers County Water and Sewer District PO Box 117  Somers, MT 59832 This solicitation is being offered according to Federal and State statures governing the procurement of professional services. Accordingly, the District reserves the right to negotiate an agreement based on fair and reasonable compensation for the scope of work and services proposed, as well as the right to reject any and all responses deemed unqualified, unsatisfactory or inappropriate. Compensation for activities will be negotiated following selection of an engineering firm. The District is an Equal Opportunity Employer. Dec. 17, 24, 2023 MNAXLP __________________________

NO. 29970 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY PLANNING BOARD REGULAR MEETING The Flathead County Planning Board will hold their regular meeting on Wednesday, January 10, 2024, 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.  1. A request from Freshwater Map, Dr. Mark Lorang on behalf of the Montana Department of Fish, Wildlife and Parks for a major lakeshore variance permit to enhance the dynamic equilibrium and gravel beach system by placing approximately 1812 cubic yards of gravel fill to control wave erosion and the loss of the fringing wetlands while also providing a gravel beach that will be for public use year-round within the lakeshore protection zone (LPZ) of Flathead Lake. This project is phase 2 of the Somers Beach State Park. The property is located off South Somers Road, Somers, MT and contains approximately 922 feet of shoreline. The property can legally be described as Tract 1A in Lots 3, 4, & 5 and Tract 4AA, in Lots 4 & 5 in Section 25, Township 27 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request from Bryce Dayley, with technical assistance from Sands Surveying, Inc., and 406 Engineering, Inc. for preliminary plat approval of Mountain View Meadows Subdivision, a proposal to create four (4) residential lots on 20.45 acres. The proposed subdivision would be served by individual wells and septic systems. The property is located at 51 Glacier Flats Road, Kalispell, MT and can legally be described as Lot 2 of Glacier Flats Subdivision in the Southeast Quarter of the Southwest Quarter of Section 2, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request from Farm Industrial, Inc., with technical assistance from APEC Engineering, Inc., for preliminary plat approval of Miller Industrial, a proposal to create twenty-two (22) commercial/industrial lots and one (1) residential lot on 208.57 acres. The proposed subdivision would be served by individual wells and individual septic systems. The applicant is requesting a variance to Section 4.7.16 of the Flathead County Subdivision Regulations to allow the existing 30-foot-wide easement for White Basin Road to serve the subdivision. The property is located at 480 White Basin Road, Kalispell, MT and can legally be described as Parcel A of Certificate of Survey No. 21874 in Section 4, Township 27 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request from Brent Ervin Johnson and Allmark Land Holdings, LLC, with technical assistance from APEC Engineering Inc., for preliminary plat approval of Johnson Ranch Subdivision, a proposal to create 105 residential lots on 123.65 acres. The proposed subdivision would be served by two new public water supply wells and individual septic systems. The property is located at 1096 Stillwater Road, Kalispell, MT and can legally be described as follows: The Northeast Quarter of the Northwest Quarter of Section 26, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. AND The Southwest Quarter of the Northeast Quarter of Section 26, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. AND Parcel X of Certificate of Survey No. 21436, Located in Section 26, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. AND Parcel A of Certificate of Survey No. 21436, lying in the Southeast Quarter of the Northwest Quarter of Section 26, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana containing 20.01 acres of land. This item will be reviewed by the West Valley Land Use Advisory Committee on Tuesday, December 26, 2023 @ 6:00 PM in the West Valley School Library, 2290 Farm to Market Road, Kalispell, MT. 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, http://flathead.mt.gov/commissioner, 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 10, 2024 @ 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, http://flathead.mt.gov/planning_zoning/events.php 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. /s/ Erik K. Mack Erik K. Mack, AICP Planning Director Dec, 24, 2023 MNAXLP __________________________

NO. 29971 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION WESTSIDE 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. 678BM) on December 19, 2023, to change the zoning designation in a por¬tion of the Westside Zoning District from AG-80 Agricultural to SAG-10 Suburban Agricultural. The boundaries of the areas proposed to be amended from AG-80 Agricultural to SAG-10 Suburban Agricultural are described as: The West Half of the Southwest Quarter of Section 27, Township 29 N, Range 22 W, P.M.M., Flathead County, Montana. The regulations defining the AG-80 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 Westside 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 Westside Zoning District. DATED this 19th day of December, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell Brad W. Abell, Chairman Dec, 24, 31, 2023 MNAXLP __________________________

NO. 29978 TANKO LAW OFFICE BRIAN C. TANKO, ESQ. Montana Bar No. 5194 392 - 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: btanko@tankolaw.com  Web: www.tankolaw.com Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In Re: The Estate of: CAROL M. RICHMOND, Deceased. Cause No.: DP-23-357 DAN WILSON District Court Judge 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 (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to Connie M. Clark, the Personal Representative, return receipt, to: c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901 or filed with the Clerk of the above Court. DATED this 23 day of May, 2023. /s/ Connie M. Clark CONNIE M. CLARK, Personal Representative Submitted by: TANKO LAW OFFICE /s/ Brian C. Tanko BRIAN C. TANKO, ESQ. Attorney for Personal Representative Dec. 24, 31, 2023 and Jan. 7, 2024 MNAXLP __________________________