Legals for November, 24 2023
NO. 29894 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING A combined hearing will be held by the City of Kalispell and Flathead County, at 1:00 p.m., November 30, 2023, in the Kalispell City Council Chambers located in Kalispell City Hall: 201 First Avenue East, Kalispell, MT 59901. The public can participate in person or via videoconferencing. Register to join the video conference by email kking@kalispell.com or by phone 406-758-7713. The City of Kalispell and Flathead County are eligible to submit an application to the Montana Department of Commerce for a Community Development Block Grant (CDBG) and/or a Montana Home Investment Partnership Program Grant (HOME). The grant programs and activities eligible for funding will be fully described. Everyone will be given the opportunity to submit comments regarding community needs and projects for consideration. Comments may be given orally at the hearing or by mail to City of Kalispell Development Services, 201 1st Avenue East, Kalispell, Montana 59901 or by email kking@kalispell.com before 1:00 p.m. on Thursday, November 30, 2023. For more information or to register for the hearing via Zoom, please contact the City of Kalispell Development Services Department via email kking@kalispell.com or phone 406-758-7713 or visit https://www.kalispell.com/634/Community-Development-Block-Grant. CDBG or HOME application guidelines are available for review on the Montana Department of Commerce website, Community Development Block Grant (CDBG) Program - Community MT. Nov. 12, 22, 2023 MNAXLP __________________________
NO. 29903 REQUEST FOR PROPOSALS Montana West Economic Development (MWED) has been awarded a U.S. EPA Brownfields Assessment Grant to assess potential hazardous substance and petroleum contamination brownfields sites in Flathead County, MT. MWED requests proposals for environmental consulting. Work must comply with all applicable requirements of the U.S. EPA and must be completed by September 2027. View the full RFP at www.dobusinessinmontana.com. All responses to the detailed RFP must be electronically delivered to Montana West Economic Development (christy@dobusinessinmontana.com) by 4:00 PM MDT on Monday, December 11, 2023. Electronic bids shall be “date stamped” by the incoming email, and bids received after this time/date will not be considered. Nov. 15, 22, 2023 MNAXLP __________________________
NO. 29919 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARING – DECEMBER 4, 2023 CONSIDERATION OF MUNICIPAL CODE AMENDMENT On Monday December 4, 2023, during the 7:00 p.m. regular council meeting, the City Council of the City of Columbia Falls shall conduct a public hearing for the purpose of amending Municipal Code Title 5 Business License Regulations. The 2023 Montana Legislative Session adopted law changes that now require the City of Columbia Falls to amend the City’s Business Licensing Program into a Business Registration Program. The reviewed Business Registration Program is not intended to require additional licensing when the state is the original issuer of a license but rather is intended to promote public health, safety, and welfare through the provisions of the Business Registration Program. Persons may contact the City Clerk or City Manager at 406-892-4391 or 130 6th Street West, Columbia Falls, MT for more information about the hearing. Comments regarding this matter may be made in writing addressed to the City Clerk at 130 6th Street West, Columbia Falls, MT 59912, or email: staalandb@cityofcolumbiafalls.com or delivered in person to the City Council during the hearing. DATED THIS 20th day of November 2023 Barb Staaland City Clerk Nov. 22, 29, 2023 MNAXLP __________________________
NO. 29920 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARING – DECEMBER 4, 2023 SB 355 PROJECTS On Monday December 4, 2023, during the 7:00 p.m. regular council meeting, the City Council of the City of Columbia Falls shall conduct a public hearing for the purpose of accepting public comment on the City’s proposed Senate Bill (SB) 355 Projects. Whereas the 2023 Montana Legislative Session adopted SB355 that established a statutory appropriation, known as the State Local Infrastructure Partnership Act, to the City of Columbia Falls in the amount of $359,193 as well as requiring a 25% local cash match. The MT Department of Commerce rolled out the SB 355 provisions on November 6, 2023, which include establishing a priority list of projects and conducting a public hearing to accept public comment on the proposed projects. The specific provisions of SB 355 will be reviewed during the public hearing. Persons may contact the City Clerk or City Manager at 406-892-4391 or 130 6th Street West, Columbia Falls, MT for more information about the hearing. Comments regarding this matter may be made in writing addressed to the City Clerk at 130 6th Street West, Columbia Falls, MT 59912, or email: staalandb@cityofcolumbiafalls.com or delivered in person to the City Council during the hearing. DATED THIS 20th day of November 2023 Barb Staaland City Clerk Nov. 22, 29, 2023 MNAXLP __________________________
NO. 29921 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on March 21, 2024, 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: Lot 7 of “Amended Plat of Lots 8 & 9 of Subdivision Amended Plat of Lots 8, 9 & 10 of Block 64 of Columbia Falls Townsite and Lot 7 of Block 64 of Columbia Falls Townsite”, 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 812 4th Ave E, Columbia Falls, MT 59912. Brendon Charles Weaver, as Grantor, conveyed said real property to First American Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Mann Mortgage LLC, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on June 17, 2016, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on June 17, 2016 as Instrument No. 201600011857, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Guild Mortgage Company, LLC Assignment Dated: May 15, 2023 Assignment Recorded: May 23, 2023 Assignment Recording Information: as Instrument No. 202300007644 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 June 13, 2023 as Instrument No. 202300008901, 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 October 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 $126,619.76, interest in the sum of $6,021.96, escrow advances of $926.89, other amounts due and payable in the amount of $5,482.17 for a total amount owing of $139,050.78, 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 6th day of November, 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. MT21466 Nov. 22, 29 and Dec. 6, 2023 MNAXLP __________________________
NO. 29893 MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY In the Matter of the Estate of PAULINE GEORGIA WOODWARD, Deceased. Cause No. DP-23-312 NOTICE TO CREDITORS NOTICE IS HERBY GIVEN That Mark J. Woodward 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 either be mailed to the Personal Representative, Mark J. Woodward, return receipt requested, at 185 Arrow Dr, Sedona, AZ 86336, or filed with the Clerk of the above-entitled Court. Dated this 7th day of November, 2023 Mark J. Woodward, Personal Representative Nov. 10, 17, 24, 2023 MNAXLP __________________________
NO. 29906 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trusee’s Sale on March 21, 2024, 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: Lot 1A of the Amended Sudivision Plat of Lot 1, Koester Meadows and Lot 62, Green Tree Meadows, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. More commonly known as 93 Trails End Dr, Kalispell, MT 59901. Tanita J. Anderson, as Grantor, conveyed said real property to Fidelity National Title Company of Flathead Valley, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Bay Equity LLC, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on December 20, 2019, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on January 2, 2020 as Instrument No. 202000000014, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment Dated: September 22, 2023 Assignment Recorded: September 29, 2023 Assignment Recording Information: as Instrument No. 202300017300 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 October 19, 2023, as Instrument No. 202300018818, 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 May 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 $187,701.57, interest in the sum of $11,340.13, escrow advances of $4,366.79, other amounts due and payable in the amount of $428.88 for a total amount owing of $203,837.37, 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 expenes 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 31st day of October, 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. MT21768 Nov. 17, 24 and Dec. 1, 2023 MNAXLP __________________________
NO. 29909 CALL FOR BIDS Notice is hereby given that the Board of County Commissioners of Flathead County, Montana, will receive bids for One (1) New Excavator for the Flathead County Solid Waste District. Specifications may be obtained from the Flathead County Solid Waste District, 4098 Highway 93 North, Kalispell, MT 59901. Delivery/shipping will be F.O.B. to the Flathead County Solid Waste District at 4098 Highway 93 North, Kalispell, Montana, 59901, within thirty (30) days of the signing of a contract for purchase. Each bidder must deposit with his bid, a bid security in the amount of ten percent (10%) of his bid to secure the bidder’s express covenant that if the bidder is awarded the contract, the bidder will, within ten (10) days, enter into a formal contract for the purchase and sale of said unit. Bid security shall be payable to Flathead County and shall be in the form of lawful money of the United States; a cashier’s check, certified check, bank money order or bank draft issued by a Montana bank, or a bid bond executed by a surety corporation authorized to do business in Montana. The form of contract and the bid form to be signed are on file and may be obtained at the County Commissioners’ Office, located on the third floor of the old courthouse in Kalispell, Montana. The bidder shall include with his bid a contract form to be executed by the parties. Flathead County reserves the right to negotiate the terms of said proposed contract (excluding prices contained therein) and to consider the terms of said proposed contract, including warranty provisions, in determining the award of bid. All sealed bids, plainly marked “New Excavator”, must be in the hands of the Clerk to the Board of County Commissioners, 800 South Main, Room 302, Kalispell, Montana 59901, on or before November 27, 2023 at 4 o’clock p.m.. Bids will be opened and read the following morning. The Board of County Commissioners reserves the right to reject any and all bids and to accept the bid deemed to be in the best interest of Flathead County. The award of a bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Flathead County Clerk and Recorder. Dated this 14th day of November, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By:/s/Brad W. Abell Brad W. Abell, Chairman Nov. 17, 24, 2023 MNAXLP __________________________
NO. 29914 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF Montana All-Alcoholic Beverages with Catering Endorsement License BENTON PUB LLC (Brandon Roberts and Stacia Fuzesy, Owner(s)) has applied for a corporate structure change Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-999-2344-002 to be operated at NIMBLE GOAT, 8541 Montana Hwy 35, Bigfork, Flathead County.The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Flathead County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 07-999-2344-002 and the applicant’s name BENTON PUB LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before December 4, 2023. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Bigfork. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Lisa Patzer, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-4332 or LPatzer@mt.gov. Nov. 17, 24, 2023 MNAXLP __________________________
NO. 29923 NOTICE FOR PUBLIC COMMENT REQUEST FOR FLOODPLAIN DEVELOPMENT PERMIT The Flathead County Floodplain Administrator has received the following Floodplain Development Permit applications: FDP-23-12 A request by 406 Docks, LLC and APEC Engineering, on behalf of Siblerud Properties, LLC, for the placement of a floating dock within the 100-year floodplain of Halfmoon Slough. The subject property is located at 200 Siblerud Lane near Kalispell, and the correct legal description of the property is Parcel A of COS 21528 in Section 26, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The assessor number for the subject property is 0790112. The complete application may be viewed at our office. Written or oral comments concerning the above requests should be directed to the Floodplain Administrator at the Flathead County Planning & Zoning Office, South Campus Building, 40 11TH Street West, Suite 220, Kalispell, Montana 59901, (406) 751-8200. Comments should be received by 5:00 PM on Monday, December 11, 2023. /s/Erik K. Mack Erik K. Mack, AICP Planning Director Flathead County Planning & Zoning Nov. 24, 2023 MNAXLP __________________________
NO. 29925 CALL FOR BIDS Notice is hereby given that the Board of County Commissioners of Flathead County, Montana will receive bids for legal advertising. Bids are to be submitted on percentage of Code prices as outlined in the Montana Code Annotated, Section 18-7-404, et seq., and the Administrative Rules of Montana, Section 2.67.303, et seq. Bidders shall bid by section. Each company must provide a bid security in the amount of one thousand dollars ($1,000.00) with its bid. This is to secure the bidder’s express covenant that, if the bidder is awarded the contract, the bidder will enter into a formal contract for the provision of legal advertising within ten (10) days. The bid security shall be payable to Flathead County and shall be in the form of lawful money of the United States: cashier’s check, certified check, bank money order or bank draft issued by a Montana bank, or a bid bond executed by a surety corporation authorized to do business in Montana. The bidder shall include with the submitted bid a signed contract for a term of one (1) year commencing January 1, 2024 and terminating December 31, 2024. The successful bidder will be required to furnish a bond in the amount of two thousand dollars ($2,000.00) signed by sufficient sureties to secure the contractor’s covenant to faithfully perform all of the conditions of the contract in accordance with the law and that contract. All sealed bids, plainly marked “SEALED BID - LEGAL ADVERTISING” must be in possession of the Clerk of the Board of Commissioners, located on the 3rd floor of 800 South Main Street, Room 302, Kalispell, Montana 59901, at or before 4:00 PM on December 18, 2023. Bids will be opened and read aloud at 9:00 a.m. the following morning in the Commissioners’ Chambers, Third Floor, County Courthouse, Kalispell, Montana. Flathead County reserves the right to accept or reject any bid and to waive any irregularities which are deemed to be in the best interest of the County. Preference will be given to bidders who will receive legal advertising text via electronic transmission. The award of bid will be made solely by the issuance of a letter of award to the successful bidder by the Board of County Commissioners. DATED this 21st day of November, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy L. Brodehl PT Brad W. Abell, Chairman Nov. 24, 30, 2023 MNAXLP __________________________