Legals for November, 14 2023
No. 29883 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request by WGM Group to change the zoning designation in a portion of the Bigfork Zoning District from ‘RC-1’ and ‘R-1’ to ‘R-2’. The applicant is also requesting a residential Planned Unit Development (PUD) to modify the proposed R-2 zoning to utilize the density bonus in the PUD Regulations. The boundaries of the area proposed to be amended from ‘RC-1’ and ‘R-1’ to ‘R-2’ and the proposed PUD can be legally described as: Tract 1: A tract of land situate, lying and being in the Northwest Quarter of the Northwest Quarter of Section 30, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Northwest section corner of Section 30, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana; Thence South 0°26’44” East and along the Westerly boundary line of Section 30, a distance of 1222.42 feet to a set iron pin which is the true point of beginning of the tract of land being described; Thence South 71°36’52” East, a distance of 153.94 feet to a set iron pin of the Westerly right-of-way of a 60 feet county road; Thence South 23°03’23” West, and along said road right-of-way, 60.20 feet to a found iron pin which is the Northeast corner of a tract of land on recorded Certificate of Survey No. 1066; Thence North 71°36’52” West, a distance of 128.57 feet to a set iron pin on the Westerly boundary line of Section 30; Thence North 0°26’44” West, and along said section line, 63.39 feet to the place of beginning, Tract 2: A tract of land situate, lying and being in the East Half of Section 25, Township 27 North, Range 20 West, P.M.M., and the Southwest Quarter of Section 30, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at the East Quarter corner of Section 25, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana; Thence North 0°26’44” West, and along the Easterly boundary line of Section 25, 1829.63 feet to an iron pin; Thence South 89°41’22” West, a distance of 1324.00 feet to an iron pin; Thence South 0°52’30” East a distance of 502.4 feet to a concrete monument which is the Northeast corner of the SW1/4NE1/4 (set by others); Thence South 89°44’20” West, and along the Northerly boundary line of the SW1/4NE1/4 , a distance of 103.40 feet to an iron pin; Thence South 1°45’50” East a distance of 292.33 feet to an iron pin; Thence South 0°51’20” East a distance of 301.73 feet to an iron pin; Thence South 6°40’50” West a distance of 300.84 feet to an iron pin; Thence South 5°30’40” West a distance of 199.92 feet to an iron pin which is the Northeast corner of Lake Meadows Estates Subdivision No. 1 of which plat or map is on file in the Clerk and Recorders Office of Flathead County, Montana; Thence South 8°36’50” West and along the Easterly boundary line of said subdivision No. 1 a distance of 100.1 feet to an iron pin; Thence South 8°24’00” West and continuing along same subdivision boundary, a distance of 202.70 feet to an iron pin which is the Southeast corner of said subdivision; Thence South 12°36’00” West a distance of 365.8 feet to an iron pin; Thence South 13°44’30” West, a distance of 745.1 feet to an iron pin; Thence South 16°04’30” West a distance of 201.9 feet to an iron pin which is on the Southerly boundary line of the N1/2SE1/4; Thence North 89°26’00” East and along said boundary line a distance of 1868.9 feet to an iron pin; Thence North 5°45’56” West a distance of 132.86 feet to an iron pin; Thence North 6°37’16” West a distance of 133.06 feet to an iron pin; Thence North 88°35’50” East a distance of 330.52 feet to an iron pin; Thence North 8°28’ West a distance of 60.27 feet to an iron pin; Thence South 88°35’50” East a distance of 350.60 feet to an iron pin; Thence North 15°39’ West a distance of 129.00 feet to an iron pin; Thence North 24°26’ West a distance of 135.85 feet to an iron pin; Thence North 88°35’50” East a distance of 350.93 feet to an iron pin; Thence North 33°18’30” West a distance of 294.72 feet to an iron pin; Thence North 14°57’30” West a distance of 257.24 feet to an iron pin; Thence South 88°35’50” West a distance of 351.53 feet to an iron pin; Thence North 11°20’ West a distance of 126.94 feet to an iron pin; thence North 6°02’30” East a distance of 127.27 feet to an iron pin; Thence North 88°35’50” East a distance of 351.81 feet to the place of beginning. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACTS OF LAND: Tract 1 of Certificate of Survey No. 6255, a tract of land located in the Southwest Quarter of the Northeast Quarter of Section 25, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. AND Tract 1 of Certificate of Survey No. 9288, a tract of land located in the Northwest Quarter of the Southeast Quarter of Section 25, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. AND Tract 2 of Certificate of Survey No. 9288, a tract of land located in the Northwest Quarter of the Southeast Quarter of Section 25, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. AND Tract 1 of Certificate of Survey No. 15073, a tract of land located in the Northeast Quarter of Section 25, Township 27 north, Range 20 West, P.M.M., Flathead County, Montana. AND Parcel A of Certificate of Survey No. 20268, a tract of land located in the Southeast Quarter of the Northeast Quarter of Section 25, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. The regulations defining the ‘RC-1’, ‘R-1’, ‘R-2’ zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, located at 800 South Main, Room 302, 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. Documents related to the proposed zone change are also on for file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 21st day of November, 2023, at 10:45 a.m. in the Commissioner’s Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Bigfork Zoning District. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners’ Office at least three business days prior to the hearing. DATED this 31st day of October, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By:/s/Brad W. Abell Brad W. Abell, Chairman Nov. 7, 14, 2023 MNAXLP __________________________
NO. 29888 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law P. O. Box 1178 Kalispell, MT 59903 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of Hanna Spencer, Deceased. Cause No. DP-23-305(A) 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 Karen Worley, Personal Representative, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Mur-ray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED: November 2, 2023. Karen Worley Personal Representative Personal Representative’s Attorneys: Hash, O’Brien, Biby & Murray, PLLP By C Mark Hash Nov. 7, 14, 21, 2023 MNAXLP __________________________
NO. 29889 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law P. O. Box 1178 Kalispell, MT 59903 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of Jared Lee McManus, Deceased. Cause No. DP-23-304(B) 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 Catherine M. McManus, 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: November 2, 2023. Catherine M. McManus Personal Representative Personal Representative’s Attorneys: Hash, O’Brien, Biby & Murray, PLLP By C Mark Hash Nov. 7, 14, 21, 2023 MNAXLP __________________________
NO. 29901 Kevin H. Ness Johnson, Berg & Saxby, PLLP 221 First Avenue East PO Box 3038 Kalispell, Montana 59903-3038 Telephone: (406) 755-5535 Facsimile: (406) 756-9436 Email: kness@jbsattorneys.com Attorneys for Plaintiff MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY PENCO ADVENTURES, INC. d/b/a PENCO POWER PRODUCTS, Plaintiff, vs. GUADALUPE ESCOBEDO, Defendant. Cause No.: DV-23-1123 Judge Danni Coffman SUMMONS THE STATE OF MONTANA sends greetings to the above-named Defendant Guadalupe Escobedo: YOU ARE HEREBY SUMMONED to appear before the Court in this action, on Wednesday, February 21, 2024 at 1:30 p.m., to show cause, if any, why the relief requested in Plaintiff’s Lien Enforcement Action should not be granted; and in case of your failure to appear on said date, judgment will be taken against you, by default, for the relief sought by Plaintiff. This action is brought to foreclose an agister’s lien on personal property held by Plaintiff and identified as a 2014 Kawasaki KX250ZEF (VIN JKAKXMZC7EA019407) and a 2015 Honda CRF250R (VIN JH2ME1031FK202935). Witness my hand and Seal of said Court this 7th day of November, 2023. PEG ALLISON Clerk of District Court By: /s/ Brittney Colacino Deputy Clerk Nov. 14, 21, 28, 2023 MNAXLP __________________________
NO. 29900 Lori B. Miller Lori B. Miller, P.C. P.O. Box 4955 Whitefish, MT 59937 Telephone (406) 730-2752 Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY In the Matter of the Estate of DELORES S. JOHNSON, a.k.a. DEE JOHNSON Deceased. Case No. DP-23-308 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Wayne R. Johnson has been appointed as personal representative of the above-named estate. All persons having claims against the decedent 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 either be mailed to Lori B. Miller, P.C., attorney for the personal representative, return receipt requested, at P.O. Box 4955, Whitefish, Montana, 59937, or filed with the Clerk of the above Court. Dated this 8th day of November 2023. LORI B. MILLER, P.C. By: Lori B. Miller Lori B. Miller, Attorney at Law Nov. 14, 21, 28, 2023 MNAXLP __________________________
NO. 29899 Lori B. Miller Lori B. Miller, P.C. P.O. Box 4955 Whitefish, MT 59937 Telephone (406) 730-2752 Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY In the Matter of the Estate of ROBERT CLAYTON JOHNSON Deceased. Case No. DP-23-201 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Jeffrey James Johnson has been appointed as personal representative of the above-named estate. All persons having claims against the decedent 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 either be mailed to Lori B. Miller, P.C., attorney for the personal representative, return receipt requested, at P.O. Box 4955, Whitefish, Montana, 59937, or filed with the Clerk of the above Court. Dated this 8th day of November 2023. LORI B. MILLER, P.C. By: Lori B. Miller Lori B. Miller, Attorney at Law Nov. 14, 21, 28, 2023 MNAXLP __________________________
NO. 29898 INVITATION FOR BIDS Bids on the following projects will be received by the Montana Department of Transportation, Construction Contracting Bureau, until 9:00 a.m. on DECEMBER 7, 2023. All bids will then be reviewed for correctness and then publicly read in the Department’s assigned room. 106 STILLWATER RIVER - NORTH NH 5-3(161)118 This project on National Highway Route 5US 93 consists of resurfacing of the existing roadway includes mill, plant-mix overlay, and seal and cover. This project is located in Flathead County starting just north of the intersection of Reserve Drive and US 93 North in Kalispell going north for 1.6 miles from reference point 117.7 to 119.3. Bid proposals, plans, cross-sections, dirt runs & erosion control plans, if available, and full instructions to bidders may be obtained from the Construction Contracting Bureau’s website: http://www.mdt.mt.gov/business/contracting under the “Bid Package” link. Additional bid letting information is also available on this website. Any contract entered into pursuant to this advertisement is subject to all appropriate state and federal civil rights laws. The prime and subcontractors are required to pay the wage rates set out in the bid proposal. MDT will not discriminate on the basis of race, color, national origin or sex in the award, performance or administration of any MDT contract or in the administration of its DBE program (49 CFR Part 26). MDT attempts to provide reasonable accommodations for any known disability that may interfere with a person participating in any service, program or activity of the department. Alternate accessible formats of this document will be provided upon request. If reasonable accommodation is needed to participate in MDT bid lettings, call the Civil Rights Bureau at 444-6331 or TTY 406-444-7696 [TTY 1-800-335-7592 (toll free)]. MONTANA DEPARTMENT OF TRANSPORTATION Loran Frazier, Chairperson Montana Transportation Commission Malcolm “Mack” Long Director of Transportation Nov. 14, 21, 2023 MNAXLP __________________________
NO. 29902 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 Co-Personal Representatives MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In Re: The Estate of: JEAN M. RATTIGAN, Deceased. Cause No.: DP-23311 AMY EDDY District Court Judge NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned have been appointed Co-Personal Representatives 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 TERRY McALISTER and REBECCA NICHOLSON, the Co-Personal Representatives, to c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901, or filed with the Clerk of the above-entitled Court. DATED this 2nd day of November, 2023. /s/ Terry McAlister TERRY McALISTER, Co-Personal Representative /s/ Rebecca Nicholson REBECCA NICHOLSON, Personal Representative Submitted by: TANKO LAW OFFICE /s/ Brain C. Tanko BRIAN C. TANKO, ESQ. Attorney for Co-Personal Representatives Nov. 14, 21, 28, 2023 MNAXLP __________________________