Legals for September, 17 2024
NO. 30604 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 ‘B-1 Neighborhood/Professional Business’ to ‘B-2 General Business’ and ‘EEO Evergreen Enterprise Overlay’ on a property located at 60 West Reserve Drive near Kalispell, Montana. The boundaries of the areas proposed to be amended from ‘B-1 Neighborhood/Professional Business’ to ‘B-2 General Business’ and ‘EEO Evergreen Enterprise Overlay’ are described as: A tract of land, situate, lying and being the Northwest ¼ of the of the Northwest ¼ of Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Commencing at the Northeast corner of the Northwest ¼ of the Northwest ¼ of said Section 33; thence North 89°59’10” West, 380.10 feet along the North boundary of said Section 33; thence South 00°29’08” West 30.00 feet, parallel to the East boundary of said NW ¼ NW ¼ to the True Point of Beginning of the tract of land being described; thence North 89°59’10” West, 300.00 feet and parallel to the North boundary of said aliquot part; thence South 00°29’08” East 580.80 feet and parallel to the East boundary of said aliquot part; thence South 89°59’10” East 300.00 feet and parallel with the north boundary of said aliquot part; thence North 00°29’08” West 580.80 feet and parallel with the East boundary of said aliquot part to the Point of Beginning. Tract 1, Certificate of Survey No. 14724. The regulations defining the B-1, B-2, and EEO 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: https://flathead.mt.gov/department-directory/planning-zoning/zoning-information. 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 24th day of September, 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 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 July, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist, PT Randy L. Brodehl, Chairman September 10, 17, 2024 MNAXLP __________________________
NO. 30605 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 Whitefish Rural Zoning District from BM-1 (Big Mountain Resort Residential) to BM-2 (Big Mountain Village) for property located off of Glades Drive near Whitefish, MT. The boundary of the area proposed to be amended from BM-1 (Big Mountain Resort Residential) to BM-2 (Big Mountain Village) are described as: Commencing at the northerly corner of Lot 18 of the Amended Plat of Lot 18 & A Portion of Glades Drive, The Glades at Big Mountain (records of Flathead County, Montana); Thence N65°54’20”W 68.64 feet to the P.C. of a 450.00 foot radius non-tangent curve, concave southeasterly (radial bearing S39°02’38”E); Thence southwesterly along said curve through a central angle of 11°12’02” an arc length of 87.97 feet; Thence N39°45’20”E 29.55 feet to the P.C. of a 330.00 foot radius curve, concave southeasterly, having a central angle of 24°02’22”; Thence along an arc length of 138.46 feet; Thence N63°47’42”E 129.51 feet to the P.C. of a 330.00 foot radius curve, concave southeasterly, having a central angle of 30°07’14”; Thence along an arc length of 173.48 feet; Thence S86°05’04”E 73.23 feet to THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence N08°10’18”W 75.79 feet; Thence N79°51’08”E 330.88 feet; Thence S23°14’37”W 128.29 feet; Thence S76°41’15”W 91.64 feet to the P.C. of a 270.00 foot radius curve, concave northeasterly, having a central angle of 21°56’30”; Thence along an arc length of 103.40 feet; Thence N81°22’15”W 45.98 feet to the P.C. of a 330.00 foot radius curve, concave southwesterly, having a central angle of 04°42’49”; Thence along an arc length of 27.15 feet to the point of beginning and containing 0.707 ACRES; Subject to and together with all appurtenant easements of record. The regulations defining the BM-1 and BM-2 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: Zoning Information :: Flathead County (mt.gov) 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 24th day of September, 2024 at 10:15 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 Whitefish Rural Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 25th day of July, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By:/s/Pamela J. Holmquist, PT Randy L. Brodehl, Chairman September 10, 17, 2024 MNAXLP __________________________
NO. 30606 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 Highway 93 North Zoning District from ‘SAG-10 Suburban Agricultural’ to ‘R-1 Suburban Residential’ for property located at 328 Sirucek Lane near Kalispell, Montana. The boundary of the area proposed to be amended from ‘SAG-10 Suburban Agricultural’ to ‘R-1 Suburban Residential’ is described as: Parcel 8 of Certificate of Survey No. 1590, that portion of the Northwest Quarter of the Northeast Quarter of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and R-1 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 24th day of September, 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 Highway 93 North Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 25th day of July, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist, PT Randy L. Brodehl, Chairman September 10, 17, 2024 MNAXLP __________________________
NO. 30653 Montana 11th Judicial District Court Flathead County In the Matter of the Name Change of Vanessa Kari Thorne: Vanessa Kari Thorne, Petitioner Cause No.: DV-24-1147 Notice of Hearing on Name Change DANNI COFFMAN This is notice that Petitioner has asked the District Court for a change of name from Vanessa Kari Thorne to Vanessa Kari Johnson. The hearing will be on 10/30/2024 at 1:30 p.m. The hearing will be at the Courthouse in Flathead County. Date: August 15, 2024 PEG L. ALLISON Clerk of District Court By: Amanda Hess Deputy Clerk of Court (SEAL) August 27 and September 3, 10, 17, 2024 MNAXLP __________________________
NO. 30703 C. Mark Hash Hash, Rudbach, Hutchison & Murray, PLLP P.O. Box 1178 Kalispell, MT 59903 NOTICE OF TRUSTEE’S SALE NOTICE IS HEREBY GIVEN of the public sale of the real property hereinafter described, pursuant to the Small Tract Financing Act of Montana, Section 71-1-301, et seq., M.C.A.; NOTICE IS FURTHER GIVEN: That Hooper’s RE Holdings, LLC, as GRANTOR, on December 1, 2022, made, executed and delivered to Insured Titles, with its principal office at Kalispell, Montana, as TRUSTEE, a Trust Indenture covering the following described real property situated in Flathead County, State of Montana: Tract 1 of Certificate of Survey No. 13493, situated, lying and being in the Southwest Quarter of the Northeast Quarter and in the Northwest Quarter of the Southeast Quarter of Section 2, Township 28 North, Range 21 West P.M.M., Flathead County, Montana. as security for the payment of the Promissory Note of the GRANTOR, made, executed and delivered on December 1, 2022, to Hooper’s Nursery, Inc, the BENEFICIARY of said Trust Indenture, which Trust Indenture was thereafter duly recorded in the office of the Clerk and Recorder of Flathead County, Montana, on December 1, 2022, under Instrument No. 202200029620. That by instrument heretofore recorded, C. MARK HASH, an attorney authorized to practice law in the State of Montana, was substituted as TRUSTEE for Insured Titles; and That a breach of the obligation for which such transfer in trust as security has occurred, and the default for which this foreclosure is made consists of the failure of the GRANTOR, Hooper’s RE Holdings, LLC, or any other person to pay the monthly installments due as provided in said Promissory Note and Trust Indenture. That the sum owing on said obligation secured by said Trust Indenture as of July 11, 2024, is the principal sum of $2,433,900.00, PLUS accrued interest in the amount of $145,402.01; closing escrow and related fees in the amount of $333.00, making the total obligation as of said date the sum of $2,579,635.01, with interest at a daily rate of $333.4110, until paid, PLUS all trustee fees, attorney fees, collection fees, expenses for a foreclosure report, costs of advertising and expenses for recording, and all other costs and expenses associated with the sale.That a breach of the obligation or the failure to pay yearly taxes and assessments has also occurred, whereby GRANTOR has failed to pay real property taxes for 2023, which expense the Beneficiary has paid in the total amount of $31,683.29, which amount the Grantor is obligated to pay to Beneficiary. In addition, the Beneficiary intends to disburse such amounts as may be required to preserve and protect the Premises, and for real property taxes and assessments that may become due or delinquent, unless such amounts or taxes are paid by the Grantors. If such amounts are paid by the Beneficiary, the amounts, taxes or assessments will be added to the obligation secured by the Trust Indenture. NOTICE IS FURTHER GIVEN that the Successor TRUSTEE at the direction of the BENEFICIARY has elected to consider all of the principal and interest due in consequence of said default, in accordance with the terms of said Promissory Note and Trust Indenture, and has elected to sell, or cause to be sold, the real property described above to satisfy said obligation. THAT ON TUESDAY, THE 19th DAY OF NOVEMBER, 2024, AT THE HOUR OF 10 O’CLOCK, A.M., at the front steps of the Flathead County Courthouse, 800 S. Main, Kalispell, Montana, the TRUSTEE, C. Mark Hash, will sell at public auction to the highest bidder, in cash, in lawful money of the United States, all payable at the time of the sale, the above-described real property in accordance with the terms and conditions of that certain Trust Indenture referred to above. The sale is a public sale and any person, including the BENEFICIARY, excepting only the successor Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be made by Trustee’s Deed. The purchaser at the sale shall be entitled to possession of the property on the 10th day following the sale. The GRANTOR, or its successor in interest in the trust property or any part thereof, or any other person having a subordinate lien or encumbrance of record thereon, or any beneficiary under a subordinate trust indenture in the aforesaid property or any part thereof, at any time prior to the trustee’s sale, may pay to the BENEFICIARY the entire amount then due under the Trust Indenture and the obligation secured thereby (including costs and expenses actually incurred and reasonable trustee’s and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default theretofore existing. The Trustee’s sale may, for any cause deemed expedient, be postponed for a period not exceeding 15 days by public proclamation at the time and place fixed in this notice of sale. No other notice of the postponed sale need be given. In the event a sale cannot be held at the scheduled time by reason of the automatic stay provision of the United States Bankruptcy Code, 11 U.S.C. Section 362, or of a stay order issued by any court of competent jurisdiction, the trustee sale may, as often as is expedient, be postponed. Each postponement may not exceed 30 days, and all postponements, in the aggregate, may not exceed 120 days. Each postponement must be effected by a public proclamation at the time and place fixed in this notice of sale or fixed by previous postponement. No other notice of the postponed sale need be given. DATED this 11th day of July 2024. /s/ C. Mark Hash Trustee Sept. 17, 24 and Oct, 1, 2024 MNAXLP __________________________