Legals for November, 24 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. 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. 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 __________________________

NO. 30821 PUBLIC NOTICE INVITATION TO BID Polson School District #23 Polson High School Addition and Remodel Project Swank Enterprises on behalf of Polson School District #23, Lake County, Polson, Montana is requesting Bids for the High School Core and Shell bid package. This project will take place from the Winter 2024 through the Winter of 2025 and consists of site work, demolition, addition, and remodel work. Bid Package One – Subgrade, Foundation and Shell The Contract Documents consisting of Drawings and the Project Specification Manual will be available November 21, 2024. Documents may be obtained on-line at the Montana Plans Exchanges. It is the bidder’s responsibility to obtain and acknowledge all addenda issued during the bid process. Bids will be accepted by: 1. Email to leaann@swankenterprises.com 2. Delivered to Lea Ann Noffsinger, Swank Enterprises, 750 W. Reserve Dr. Kalispell, MT 59901. Bids are due before 2:00 PM (local time), Tuesday, December 17, 2024. Bids must be plainly marked, “Polson High School Remodel & Addition” All Bids must be submitted on the Bid Form found in the Specifications, complete per the Bid Package descriptions and signed by an officer or a person duly authorized to sign Bids. All Bids shall be valid for a period of 45 days after the bid date. Late Bids will not be opened. Access to the site and existing building prior to bidding will be made available upon request. All Subcontractor bids shall include the cost of the following: 1. 1% Montana Gross Receipts Construction Tax. 2. Current Montana State Prevailing Wages. 3. Permits specific to the bid scope of work. Each Contractor will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. Polson School District reserves the right to reject any or all Bids, to waive formalities and to accept the Bid(s) deemed most advantageous to them. All bids will be post-qualified by Swank Enterprises. Please contact Swank Enterprises with questions or concerns. Grant Kerley Swank Enterprises 750 West Reserve Drive Kalispell, MT 59901 grant@swankenterprises.com Nov. 24 and Dec. 1, 8, 2024 MNAXLP __________________________

NO. 30822 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY PLANNING BOARD REGULAR MEETING The Flathead County Planning Board will hold their regular meeting on Wednesday, December 11, 2024, beginning at 6:00pm 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 zone change request from Cori & Steven Smith for a property located at 22 Meadowlark Drive near Kalispell, Montana. The property is within the Evergreen Zoning District. The proposal would change the zoning on the parcel of land from R-3 (One Family Residential) to R-4 (Two-Family Residential). The total acreage involved in the request is approximately 0.296 acres and can legally be described as: A tract of land in the Southeast Quarter of the Southwest Quarter of Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Commencing at the Northeast corner of said SE1/4SW1/4; Thence west along the northerly boundary thereof, 700.6 feet; thence southerly and parallel with the west boundary of said SW1/4 a distance of 232.00 feet to the place of beginning; thence easterly and parallel with the north boundary of said SE1/4SW1/4 a distance of 75.00 feet; thence southerly and parallel with the easterly boundary of said SE1/4SW1/4 a distance of 172.00 feet; thence westerly and parallel with the northerly boundary of said SE1/4SW1/4 a distance of 75.00 feet; thence northerly and parallel to the easterly boundary of said SE1/4SW1/4 a distance of 172.00 feet to the place of beginning. 2. A request from Sands Surveying Inc., on behalf of Valley Vista, Inc., for preliminary plat approval of Copper Flats Subdivision, a proposal to create 4 residential units on 20.001 acres. The proposed subdivision will be served by individual septic systems and wells. The property is located off of Glacier Flats Road and can legally be described as Lot 5 in Glacier Flats Subdivision in Section 11, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by the Middle Canyon Land Use Advisory Committee for an amendment to various sections of the Canyon Area Land Use Regulatory System (CALURS). The proposed amendments, if approved, would clarify policies and procedures, and amend guest cabin and the short-term rental standards. The proposed amendments would also provide for the updates as required by the 2023 legislative changes to MCA. This item will be reviewed by the Middle Canyon Land Use Advisory Committee on Tuesday, November 26, 2024 @ 6:00 PM, at the Coram Fire Hall, located on Seville Lane, Coram, MT 59913. 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 December 11, 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 November 24, 2024 MNAXLP __________________________

NO. 30823 PUBLIC NOTICE OF ISSUANCE OF DRAFT AIR QUALITY MAJOR OPEN BURN PERMIT AQ25-105 PUBLIC NOTICE Notice of Application for Air Quality Major Open Burning Permit (pursuant to Section 75-2-211, MCA, and ARM Title 17, Chapter 8, Subchapter 6, Open Burning), The U.S. Forest Service, (USFS), U.S. Fish and Wildlife Service (USFWS), Bureau of Land Management (BLM), National Park Service – Glacier National Park (GNP), Montana Department of Natural Resources (DNRC), Pyramid Mountain Lumber, Stimson Lumber, SPP Montana, Green Diamond Resource Company, The Nature Conservancy of Montana, Flathead Ridge Ranch, F.H. Stoltze Land and Lumber Company, Sun Mountain Lumber, Montana FWP, and R-Y Timber, Inc. has filled or will file on or about December 1, 2024 an application for a major open burning permit from the Air, Energy & Mining Division of the Montana Department of Environmental Quality (Department). Applicant(s) seeks approval of its/their application to open burn: Tree slash, wood waste, natural grass, leaves at All counties throughout the state. Any member of the public with questions or who wishes to receive notice of the Department’s determination, and the location where a copy of the application and the Department’s analysis of it can be reviewed, or to submit comments on the application, must contact the Department at DEQ-ARMB- Admin@mt.gov, 1520 East Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901, phone (406) 444-3490. Any comments on the application must be submitted to the Department within 20 days after publication of this notice or filing of the application, whichever is later. The Department’s decision to approve or deny an application for a major open burning permit may be reviewed by the Board of Environmental Review (Board) according to the following procedure: When the Department approves or denies the application for a major open burning permit under this section, a person who is jointly or severally adversely affected by the Department’s decision may request, within 15 days after the Department renders its decision, upon affidavit setting forth the grounds therefor, a hearing before the Board. A hearing shall be held under the provisions of the Montana Administrative Procedures Act. The Department’s decision on the application is not final unless 15 days have elapsed and there is no request for a hearing under this section. The filing of a request for a hearing postpones the effective date of the Department’s decision until the conclusion of the hearing and issuance of a final decision by the Board. November 24, 2024 MNAXLP __________________________

NO. 30825 ADVERTISEMENT FOR BIDS - Used 28-yard Front Load Solid Waste Truck The City of Kalispell, Montana is requesting bids for a Ready for Service, Delivered, Used 28-yard Front Load Solid Waste Truck. Bids for the equipment and attachments will be received until 2:30 PM local time on Thursday, December 5, 2024. At that time all Bids will be publicly opened and read aloud in the City Hall First Floor Conference Room, 201 1st Avenue East, Kalispell, Montana. Proposals shall be addressed to: City Clerk, P.O. Box 1997, Kalispell, Montana, 59903-1997, or delivered to City Clerk, 201 First Ave E, Kalispell, Montana and titled, “SEALED BID – Used 28-Yard Front Load Solid Waste Truck”. Full bidding information and specifications can be found on the City website at www.kalispell.com/Bids.aspx. Information and Bidding Documents may also be obtained from the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Phone 406-758-7720. Nov. 24 and Dec. 1, 2024 MNAXLP __________________________

NO. 30827 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARINGS The Columbia Falls Planning Commission will hold a public hearing for the following item at their regular meeting on Thursday, December 12, 2024 at 6:00 p.m. at the Council Chambers of City Hall, 130 6th Street West, Columbia Falls, Montana. The Columbia Falls City Council will hold a subsequent hearing on Tuesday, January 21, 2025 starting at 7:00 p.m. in the same location.    Annexation and initial zoning from County R-5 (Two-Family Residential) to City CR-5 (Two Family Residential) in the Columbia Falls Zoning District:   Toby and Mindy Gilcrest are requesting an annexation and initial zoning from the current County zoning of R-5 (Two-Family Residential) to City CR-5 (Two-Family Residential). The Columbia Falls Growth Policy designates the property as multi-family allowing eight or more units per acre. The property is currently vacant and located at 274 Meadow Lake Boulevard in Columbia Falls. The property is described as Parcel B of COS 22075 (Accessors Tracts 2BDAD); Section 7, Township 30 North, Range 20 West, P.M.M., Flathead County.   A Planned Unit Development for a 10 lot/20-unit development in Columbia Falls Zoning District:   Toby and Mindy Gilcrest are requesting a Planned Unit Development (zoning overlay) to allow the development of ten residential lots with each lot having a two-unit townhome for a total of twenty units on 2.27 acres. The PUD will provide deviations to the private street cross section along with setback deviations. The property is currently vacant and located at 274 Meadow Lake Boulevard in Columbia Falls. The property is described as Parcel B of COS 22075 (Accessors Tracts 2BDAD); Section 7, Township 30 North, Range 20 West, P.M.M., Flathead County.   A subdivision creating 10 parent lots and 20 sublots in the Columbia Falls Planning Jurisdiction:   Toby and Mindy Gilcrest are requesting a subdivision that will create ten parent lots with each lot having a two-unit townhome for a total of 20 units on 2.27 acres. The subdivision will access Meadow Lake Boulevard with a private street and each lot will front on the new street. The property is currently vacant and located at 274 Meadow Lake Boulevard in Columbia Falls. The property is described as Parcel B of COS 22075 (Accessors Tracts 2BDAD); Section 7, Township 30 North, Range 20 West, P.M.M., Flathead County.   Persons may testify at the hearings or submit written comments prior to the meetings. Written comment may be sent to Columbia Falls City Hall, Attention: City Clerk, 130 6th Street West, Columbia Falls, MT 59912. For more information call Eric Mulcahy, Columbia Falls City Planner at 755-6481. DATED this 18th day of November, 2024 Mark Shrives Mark Shrives, Interim City Manager/Planning & Zoning Administrator COLUMBIA FALLS CITY PLANNING COMMISSION November 24, 2024 MNAXLP __________________________

NO. 30831 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING COMMISSION DECEMBER 10, 2024 The regular meeting and work session of the Kalispell City Planning Commission is scheduled for Tuesday, December 10, 2024, beginning at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell.   The public can participate in person in the Council Chambers or via videoconferencing. Register to join the video conference at: https://us02web.zoom.us/webinar/register/WN_oPhZut1tQ5WbTOrXCcwAKw Public Comment can also be provided via email to planning@kalispell.com  The Planning Commission work session will hold a public hearing will focus on the following item: (1) In the last legislative session, the Montana Legislature passed Senate Bill 382, which created the new Montana Land Use Planning Act. Under the Act, for cities such as Kalispell, the current growth policy, subdivision regulations, and zoning regulations are largely replaced with a new land use planning paradigm. The concept is that a land use plan is established with extensive public input. The plan then becomes a guiding document for land use decisions, many of which, such as subdivisions, become administrative rather than conducted through a public hearing process. The opportunity for the public to be engaged comes with the process establishing the plan and regulations, not with review of a site-specific project. This work session is the second in a series the Planning Commission will hold in the coming months. It is intended that the focus of this work session will be a summary of facility plans, including, but not necessarily limited to, sanitary sewer, water, transportation, storm water, and solid waste. Future work sessions will be noticed and a formal hearing will be held before the Commission forwards a recommendation to the City Council for its action. Documents pertaining to the agenda item is on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda item is posted on our website at Planning Commission | Kalispell, MT (civicplus.com) (https://kalispell.com/AgendaCenter/ViewFile/Agenda/_10082024-1202?html=true) under Planning Commission “upcoming agenda,” as well as on our website at 2026 Montana Land Use Planning Act | Kalispell, MT (https://kalispell.com/883/2026-Montana-Land-Use-Planning-Act). Interested persons are encouraged to present their views and concerns to the Planning Commission. Written comments may be submitted to the Kalispell Development Services Department at the above address, prior to the date of the hearing or work session, or you may call us at (406) 758-7940 or e-mail us at planning@kalispell.com for additional information. The City of Kalispell does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Accessible parking is available in the city lot north of City Hall, and accessible restrooms are available.  If you need auxiliary aids or services for effective communication or other reasonable accommodation to participate in the meeting or hearing, please contact the Development Services front desk at (406)758-7940 as soon as possible, preferably at least two working days before the meeting date. /s/Jarod Nygren/KR Jarod Nygren Development Services Director November 24, 2024 MNAXLP __________________________