Legals for November, 17 2024

NO. 30768 NOTICE OF BOARD POSITION VACANCIES MAKE A DIFFERENCE IN YOUR COMMUNITY Flathead County is seeking individuals who want to make a difference in their community by filling vacancies on various Boards. Letters of interest are being accepted for a limited number of openings on the following Boards: Flathead County Board of Adjustment, Flathead County Planning Board, Ashley Lake Land Use Advisory Committee, Egan Slough Planning and Zoning Commission, Helena Flats Land Use Advisory Committee, LaBrant-Lindsey Land Use Advisory Committee, Little Bitterroot Lake Land Use Advisory Committee, Middle Canyon Land Use Advisory Committee, Riverdale Land Use Advisory Committee, Rogers Lake Land Use Advisory Committee, and the West Valley Land Use Advisory Committee. All positions are appointed by the Board of County Commissioners. TO APPLY FOR ANY OF THESE POSITIONS: Letters of interest (please specify which board/committee you are applying for) including legal name, physical address, mailing address, daytime phone number and qualifications should be submitted to: Flathead County Planning & Zoning Office South Campus Building 40 11th Street West, Ste 220 Kalispell, MT 59901 All letters of interest should be received by 5:00 p.m. on November 29, 2024.   For additional information and specific qualifications please call 751-8200 or visit our website: flathead.mt.gov/department-directory/planning-zoning. Oct. 27, 30 and Nov. 3, 6, 10, 13, 17, 20, 24, 27, 2024 MNAXLP __________________________

NO. 30784 Montana Department of Transportation Notice of Sale of Real Estate NOTICE IS HEREBY GIVEN that the Montana Department of Transportation will sell at a public auction online, with reserve, to the highest bidder, the following described real estate: A tract of land in US Government Lot 4 in the SW1/4NW1/4 of Section 1, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana, as shown by the shaded area on the exhibit, consisting of 2 pages attached hereto and made a part hereof, containing an area of 21.26 acres, more or less. SUBJECT TO all rights of ingress and egress over and across the limited access as effected through the Access Control Resolution # 200428208180 & 201000003450 for highway projects NH- 5-3(60)109 and MT 15(76), approved by the Transportation Commission and filed with the Clerk and Recorder’s Office of Flathead County, Montana. It is expressly intended and agreed that these reservations, burdens, and restrictions shall run with the land and shall forever bind the Grantee, their successors, and assigns. The public online auction can be found at the following link and will be begin at “ 9:00 a.m. on Tuesday, December 10, 2024,” and close at “4:00 p.m. on Tuesday, December 10, 2024.” https://www.publicsurplus.com/sms/mtre,mt/list/current?orgid=1017600 Terms: 10% down payment by wire transfer ONLY to MDT within 3 days of a notification as the successful bid. The appraised value of this land is $1,594,500.00. Under statutory restrictions, the State cannot accept any bid under 90% of the appraised value. The property is being sold AS IS. The 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 MDT 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. https://mdt.mt.gov/business/real-estate.aspx Nov. 3, 6, 10, 13, 17, 20, 24, 27, and Dec. 1, 4, 8, 2024 MNAXLP __________________________

NO. 30805 SURPLUS PROPERTY RESOLUTION November 13, 2024 SURPLUS PROPERTY DISPOSAL Bigfork Elementary School District No. 38 Bigfork High School District No. 38 Flathead and Lake Counties Bigfork, Montana 59911 WHEREAS, the trustees of Bigfork Elementary & High School District No. 38 declared surplus property at a business meeting on November 13, 2024; WHEREAS, the surplus property includes Macbook Airs, a Google Meet Board, 2 office chairs, K-4 textbooks and a teepee; WHEREAS, the items are no longer needed by the district; WHEREAS, the District would like to dispose of the items; THEREFORE, BE IT RESOLVED, the items will be sold and or disposed of after Monday, December 2, 2024. Approved by the Board of Trustees of Bigfork Elementary and High School District No. 38, Flathead and Lake Counties, on November 13, 2024 at a regular meeting held in the Bigfork High School library. ATTEST: Paul Sandry Chairperson   Lacey Porrovecchio Clerk November 17, 2024 MNAXLP __________________________

NO. 30806 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, December 3, 2024, beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. 1. A request from Joseph Schmit, for an after the fact Conditional Use Permit to establish a ‘Guest House’, on property located at 5560 N. Ashley Lake Road near Kila, MT. The property is located within the Ashley Lake Zoning District and is zoned ‘AL Ashley Lake’. The property is 1.43 acres and can be legally described as Lot 2 of Crystal Shores in Section 15, Township 28 North, Range 24 West, P.M.M., Flathead County, Montana. This item will be reviewed by the Ashley Lake Land Use Advisory Committee on Thursday, November 21, 2024 @ 6:00 p.m. at the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. 2. A consideration to revoke the permit issued to Christa & William Beveridge for the establishment of ‘Short-term Rental Housing’ on property located within the Rural Whitefish Zoning District. The property is located at 825 Cantrell Court near Whitefish, Montana and is zoned ‘R-2.5 Rural Residential’.  The property contains approximately 0.837 acres that can be legally described as Lot 5 Amended Subdivision Plat of Lot 5 and A Portion of Cantrell Court of Northwoods No. 4 located in the NW ¼ of the NE ¼ of Section 20, Township 31 North, Range 21 West, P.M.M., Flathead County, Montana. 3. An appeal by Aurora Goddard & Jeremy Snell, regarding the Zoning Administrator approval of an Administrative Conditional Use Permit (FACU-24-49) on September 12, 2024, for short-term rental housing. The property is located at 700 Wolf Creek Drive near Bigfork, Montana within the Bigfork Zoning District and contains approximately 1.167 acres. The property is zoned ‘SAG-10 Suburban Agricultural’ and can be legally described as: TRACT 2 OF CERTIFICATE OF SURVEY NO. 5683, LOCATED IN GOVERNMENT LOT 2 OF SECTION 26, TOWNSHIP 27 NORTH, RANGE 19 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. AND LOT 5 OF SWAN RIVER BLUFFS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM: LOT 5A OF THE AMENDED SUBDIVISION PLAT OF LOT 5 OF SWAN RIVER BLUFFS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. 4. A request from Dawn and Patrick Glynn for a ‘Temporary Use’ on the subject property located at 246 and 250 Fern Lane near Kalispell, Montana. The property is located within the Bigfork Zoning District and is zoned ‘SAG-10 Suburban Agricultural’.  The property totals approximately 4.462 acres and can legally be described as Parcel B of Certificate of Survey 9344 in Section 34, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. This item will be reviewed by the Bigfork Land Use Advisory Committee on Thursday, November 21, 2024 @ 4:00 p.m. at Bethany Lutheran Church, 8559 Highway 35 in Bigfork, Montana. 5. A request from Twilight Enterprises for a Conditional Use Permit to establish an ‘Animal Hospital, veterinary clinic’ on the subject property located at 1725 Highway 35 near Kalispell, Montana. The property is located within the Evergreen Zoning District and is zoned ‘B-2/Evergreen Enterprise Overlay General Business.’.  The property totals approximately 3.738 acres and can legally be described as Lot 9 Block 5 of Bernard’s Park in the NW ¼ of Section 3, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, December 3, 2024. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information.  Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting the Planning & Zoning Office at 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 November 17, 2024 MNAXLP __________________________

NO. 30812 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on March 20, 2025, at 11:00 AM at the East door of the Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901, the following described real property situated in Flathead County, State of Montana: Lot 5 in Block 1 of L and M Subdivision, 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 430 Margrethe Road, Kalispell, MT 59901. Deborah L. Weston and Michael J. Weston, as Grantors, conveyed said real property to Stewart Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Aegis Wholesale Corporation, beneficiary of the security instrument, its successors and assigns, by Deed of Trust on March 27, 2007, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on April 4, 2007 as Instrument No. 200709410560, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: FirstKey Master Funding 2021-A Collateral Trust, U.S. Bank Trust National Association as Collateral Trust Trustee Assignment Dated: April 4, 2024 Assignment Recorded: April 10, 2024 Assignment Recording Information: as Instrument No. 202400005952 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 30, 2024, as Instrument No. 202400022183, 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 November 1, 2008, 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 $21,557.10, interest in the sum of $46,072.82, and other amounts due and payable in the amount of $6,408.90 for a total amount owing of $74,038.82, 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 4th day of November, 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. MT21772 Nov. 17, 24 and Dec. 1, 2024 MNAXLP __________________________

NO. 30813 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., December 4, 2024, 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 nloring@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 nloring@kalispell.com before 1:00 p.m. on Wednesday, December 04, 2024.  For more information or to register for the hearing via Zoom, please contact the City of Kalispell Development Services Department via email nloring@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. November 17, 27, 2024 MNAXLP __________________________

NO. 30816 SECTION 00100 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for the 2025 Inflow and Infiltration Mitigation Project. The project includes furnishing labor, materials and equipment required to rehabilitate approximately 7,950 linear feet of existing sanitary sewer main ranging from 8” to 12” in diameter.  Plans and specifications may be examined beginning Sunday, November 17, 2024, through QuestCDN until 1:30 PM on Thursday, December 5, 2024. All bids will be publicly opened and read aloud in the City Hall First Floor Conference Room at that time.  Bidding documents may be examined at the City of Kalispell Public Works Department, 201 1st Avenue East, Kalispell, Montana 59901. The City will be only accepting online electronic bids through QuestCDN. Full bidding requirements and the Kalispell portal to QuestCDN can be found online at www.kalispell.com/bids.aspx.  A Pre-Bid meeting will be held on Wednesday November 27, 2024, at 3:00 PM in the City Hall First Floor Conference Room, 201 First Avenue East, Kalispell, Montana 59901. Award of the project will be contingent upon funding and award concurrence from Council. The City will accept the lowest responsible bid, but the Council reserves the right to reject any and all bids or to waive any technicality or informality and accept any bid which may be deemed in the best interest of the City. The successful bidder will be required to abide by Federal and State laws, particularly Section 18-2-401 et seq., M.C.A. (Montana Prevailing Wage Rates). The successful bidder will be required to furnish an acceptable security for the full amount of the contract for faithful performance thereof and payment of labor, material, and subcontractor claims.  The successful bidder will be assessed the Montana Contractor’s withholding tax. The successful bidder shall be required to furnish to the City evidence of insurance in accordance with the Seventh Edition of the Montana Public Works Standard Specifications.  Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting held on August 19, 2024. City of Kalispell By Aimee Brunckhorst Aimee Brunckhorst, CMC City Clerk & Communications Manager         November 17, 24, 2024 MNAXLP __________________________