Legals for March, 5 2024
NO. 30068 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 change in the zoning designation in a portion of the Bigfork Zoning District from ‘SAG-10 Suburban Agricultural’ to ‘SAG-5 Suburban Agricultural’ for property located along Conifer Lane in Bigfork, Montana. The boundary of the area proposed to be amended from SAG-10 Suburban Agricultural to SAG-5 Suburban Agricultural is described as: Parcel A of Sarilda Estates in the West Half of the West Half of the Southeast Quarter of Section 17, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and SAG-5 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, 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 file for public inspection at the Commissioners’ Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 19th day of March, 2024 at 10:30 a.m. in the Commissioners’ Chambers, Third Floor, 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 if received prior to the hearing. DATED this 25th day of January, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy L. Brodehl Randy L. Brodehl, Chairman March 5, 12, 2024 MNAXLP __________________________
NO. 30087 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 change in the zoning designation in a portion of the Evergreen Zoning District from R-1 (Suburban Residential) to R-4 (Two-Family Residential) for property located at 532, 534, 536, 538, 540, and 544 East Evergreen Drive near Kalispell, MT. The boundaries of the areas proposed to be amended from R-1 (Suburban Residential) to R-4 (Two-Family Residential) are described as: Lots 4, 5, & 6 of Bernard’s Park 4-6 an Amended Subdivision Plat of a Portion of Lots 4, 5, & 6 of Block 1, BERNARD’S PARK in Gov’t Lot 3 and Lot 3, Block 1, Bernards Park in Section 3, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the R-1 and R-4 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, 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 file for public inspection at the Commissioners’ Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 19th day of March 2024, at 10:45 a.m. in the Commissioners’ Chambers, Third Floor, 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 Evergreen Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 25th day of January, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy L. Brodehl Randy L. Brodehl, Chairman March 5, 12, 2024 MNAXLP __________________________
NO. 30108 LEO J. GALLAGHER 1222 HAUSER BLVD. HELENA MT 59601 TELEPHONE: (406) 443-1291 EMAIL: leogallagher5@gmail.com ATTORNEY FOR PERSONAL REPRESENTATIVE MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF HELEN L. GALLAGHER, Deceased. PROBATE NO. DP-24-39 NOTICE TO CREDITORS Notice is hereby given that Mari Anne Gallagher has been appointed personal representatives of the above-named estate. All persons having claims against the deceased, HELEN L. GALLAGHER, are required to present their claims within four (4) months after the date of the first publication of this notice or the claims will be forever barred. Claims must either be mailed by certified mail to Mari Anne Gallagher, 365 Kensington Avenue, Missoula, MT 59801, or filed with the Clerk of the above-entitled Court and a copy directed to counsel of record whose name appears above. Dated this 20th day of February 2024. /s/ Leo J. Gallagher LEO J. GALLAGHER PERSONAL REPRESENTATIVE’S ATTORNEY Feb. 27 and March 5, 12, 2024 MNAXLP __________________________
NO. 30119 Jay T. Johnson MOORE, COCKRELL, GOICOECHEA & JOHNSON, P.C. PO Box 7370 Kalispell, MT 59904-0370 Telephone:(406) 751-6000 jjohnson@mcgalaw.com Attorneys for the Personal Representative, CLIF BRACKINS MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF BARRY L. JOHNSTON, Deceased. Cause No. DP-15-2024-44-IT NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Clif Brackins has been appointed Personal Representative of the above-named estate. All persons having claims against the decedent are required to present their claims within four (4) months after the date of the first publication of this notice or said claim will be forever barred. Claims must either be mailed to CLIF BRACKINS, the Personal Representative, return receipt requested, c/o Jay T. Johnson, P. O. Box 7370, Kalispell, Montana, 59904, or filed with the Clerk of the above Court at 920 South Main, Kalispell, Montana, 59901. DATED: February 22, 2024. MOORE, COCKRELL, GOICOECHEA& JOHNSON, P.C. /s/Jay T. Johnson JAY T. JOHNSON P. O. Box 7370 Kalispell, MT 59901 Attorneys for CLIF BRACKINS Feb. 27 and March 5, 12, 2024 MNAXLP __________________________
NO. 30120 Karl K. Rudbach HASH, O’BRIEN, BIBY & MURRAY, PLLP 136 1st.Avenue West Kalispell, MT 59901 Telephone: (406) 755-6919 karl@hashlaw.com Attorneys for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of JOHN WOODS a/k/a JOHN DENNIS WOODS, Deceased. Probate No. DP-24-21 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 either be mailed to Hash, O’Brien, Biby & Murray, PLLP, 136 1st Avenue West, Kalispell, MT 59901, or filed with the Clerk of the above-entitled court. Dated this 21st day of February, 2024. /s/ Andrea M. Tampubolon Personal Representative HASH, O’BRIEN, BIBY & MURRAY, PLLP By: /s/ Karl K. Rudbach Attorneys for Personal Representative Feb. 27 and March 5, 12, 2024 MNAXLP __________________________
NO. 30121 INVITATION TO BID Notice is hereby given that the Board of County Commissioners of Flathead County, Montana, will receive bids for the restoration of the Flathead County Justice Center and Justice Court parking lots located in Kalispell, Montana. All sealed bids, plainly marked “Justice Center Parking Lot” must be in the hands of the Board of County Commissioners, Flathead County, 800 South Main, Room 302, Kalispell, Montana, 59901, by 4:00 p.m., on March 18, 2024. Bids will be opened and read aloud at 9:00 a.m. on March 19, 2024, in the Commissioners’ Chambers, Third Floor, County Courthouse at 800 South Main, Kalispell, Montana. A recommendation based on the bids received will be forwarded to the Board of County Commissioners for review and approval at the March 26, 2024 board meeting at 9:15 a.m. The project generally consists of the removal and replacement of approximately 3,090 SY of pavement, 1,500 LF of striping, and installation of a stormwater treatment manhole. This is to restore the Flathead County Justice Center parking lot in Kalispell, Montana. The bid alternate will be to restore the Justice Court parking lot and consists of the removal and replacement of approximately 2,130 SY of pavement, and 1,400 LF of striping. The contract documents, consisting of drawings and the project manual, may be examined or obtained from the Montana Plans Exchange. All project questions should be directed to the Single Point of Contact for this solicitation: Chris Moodry, Cushing Terrell (406) 922-7117 chrismoodry@cushingterrell.com Award of contract will be based on lowest responsible bid. Each bidder must deposit with his/her bid, a bid security in the amount of ten percent (10%) of the bid. 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 banking corporation incorporated under the laws of the State of Montana, or bid bond executed by a surety corporation authorized to do business in Montana. No bidder may withdraw a bid after the actual date of the opening thereof. The selected bidder will, within 10 days, enter into a formal contract for the completion of the project. A Performance Bond and Labor and Materials Payment Bond, each in the amount of One Hundred percent (100%) of the contract sum will be required of the successful bidder, to secure the contractor’s covenant to faithfully perform all of the conditions of the contract in accordance with the law and that contract. The successful bidder will also be required to provide current proof of Worker’s Compensation insurance, an independent contractor certification from the State, General Liability and Automobile insurance policies and Builders Risk Insurance with Flathead County as an additional insured as listed in the documents. The successful bidder must contract to pay prevailing wage rates, set by the Montana Department of Labor, and will be subject to withholding of 1% of all payments for transmittal to the Department of Revenue to pay the public contract tax. The Contractor and all subcontractors will be required to have a certificate of registration from the Montana Department of Labor and Industry in the proper classification prior to bidding this project. Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, MT 59604-8011. The successful bidder must contract to give preference to the employment of bona fide residents of Montana in the performance of the work pursuant to MCA Section 18-1-102. A resident bidder will be allowed a preference against the bid of any nonresident bidder from any state or country that enforces a preference for resident bidders equal to the preference given in the other state or country. The County will accept the lowest responsible bid, but the County Commissioners reserve 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. The award of bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Flathead County Board of Commissioners. Dated this 22nd day of February, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy Brodehl Randy Brodehl, Chairman ATTEST: By: /s/Dori Magar Clerk to the Board Feb. 27 and March 5, 2024 MNAXLP __________________________
NO. 30122 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on June 27, 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: A tract of land in the Northeast Quarter of the Southeast Quarter of Section Seventeen, Township Thirty North, Range Twenty West, M.P.M., Flathead County, Montana, particularly described as follows: Beginning at the Southeast corner of said Northeast Quarter of the Southeast Quarter, thence West along the South boundary of said Northeast Quarter of the Southeast Quarter a distance of 75 feet; thence Northerly parallel with the Easterly boundary of said Northeast Quarter of the Southeast Quarter to the Southerly boundary of the County Road; thence North 54°30’ East along the South boundary of the County Road to the East boundary of said Northeast Quarter of the Southeast Quarter; thence South along the East boundary of said Northeast Quarter of the Southeast Quarter of distance of 328 feet, more or less, to the Place of Beginning. More commonly known as 186 River Road, Columbia Falls, MT 59912. Robert L. Mack, Jr., as Grantor, conveyed said real property to Stewart Title of Kalispell, as Trustee, to secure an obligation owed to Wells Fargo Bank, N.A., by Deed of Trust on June 10, 2005, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on June 17, 2005, as Instrument No. 200516810390, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Specialized Loan Servicing LLC Assignment Dated: May 7, 2021 Assignment Recorded: May 7, 2021 Assignment Recording Information: as Instrument No. 202100015946 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 September 8, 2023, as Instrument No. 202300015989, 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 August 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 $90,439.66, interest in the sum of $8,820.42, escrow advances of $4,490.69, other amounts due and payable in the amount of $2,283.85 for a total amount owing of $106,034.62, 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 9th day of February, 2024. 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. MT21669 Feb. 27 and March 5, 12, 2024 MNAXLP __________________________
NO. 30139 Notice of Application Notice is given that application has been made to the Federal Deposit Insurance Corporation (the “FDIC”), the Montana Division of Banking and Financial Institutions (the “Montana DBFI”), and the Colorado Department of Regulatory Agencies, Division of Banking (the “Colorado DOB”), by Glacier Bank, 49 Commons Loop, Kalispell, Montana 59901, for approval to acquire certain assets and assume certain liabilities of HTLF Bank, 1800 Larimer Street, Suite 100, Denver, Colorado 80202. The assets to be acquired and the liabilities to be assumed of HTLF Bank are at six branch locations in the State of Montana (the “Branches”), located at: (i) 2615 King Ave. W., Billings, Montana 59102; (ii) 2929 3rd Ave. N., Billings, Montana 59101 (the “3rd Avenue Branch”); (iii) 2901 W. Main St., Bozeman, Montana 59718 (the “Bozeman Branch”); (iv) 115 E. First Ave., Plentywood, Montana 59254; (v) 220 Main St., Stevensville, Montana 59870; and (vi) 101 E. Legion St., Whitehall, Montana 59759. Following consummation of the acquisition and assumption, it is contemplated that all of the offices of Glacier Bank and HTLF Bank will continue to be operated, with the exception of the 3rd Avenue Branch, the Bozeman Branch, and two Glacier Bank branches located at 2675 King Ave., W., Billings, Montana 59102 and 318 Main St., Stevensville, Montana 59870, each of which will be closed, and that the four Branches not being closed will be operated as branch offices of Glacier Bank. Any person wishing to comment on this application may file his or her comments in writing with the Regional Director of the FDIC at the FDIC’s San Francisco Regional Office at 25 Jessie Street at Ecker Square, Suite 2300, San Francisco, California 94105 not later than April 4, 2024 (unless the comment period has been extended or reopened in accordance with 12 C.F.R. § 303.9(b)(2)). The nonconfidential portions of the application are on file in the appropriate FDIC office and are available for public inspection during regular business hours. Photocopies of the nonconfidential portion of the application file will be made available upon request. March 5, 19, 29, 2024 MNAXLP __________________________