Legals April 18, 2019
Second Street Mini Storage: Pubic Sale May 4th, 2019 at 11:00 am at 907 2nd Street East, Polson. Sell to the highest bidder for Cash or Certified Checks only, contents of units; A09-Gardipe, A10-Antoniette, B16-Archer, D05-Shelby, E18-Cordis, E19-Burland, E20-Cordis, E24-Gardner, F20-Johnson, H01-Courville, H07-Roberts. Antique's, gardening tools, household, baby extras, kids' bikes, golf. Subject to redemption prior to sale. 406-883-5128 Published on April 18, 2019. MNAXLP
Confederated Salish & Kootenai Tribes Property & Supply Sealed Bid Property and Supply is having a SEALED BID of office equipment and vehicles. The sealed bid will open April 15th and end April 25th at 5:30pm.You can pick up bid packages at the Property and Supply office at 36100 2nd St. E. in Pablo just behind Quicksilver. You can contact Joe Muniz at 675-2700 ext. 1068. Viewing times are from April 15th-25th, Mon-Thurs, 11am-3pm. Closed on Fridays. Published on April 4, 2019, April 11, 2019, and April 18, 2019. MNAXLP
Notice to Creditors Probate Cause # 19-0065-P The Confederated Salish and Kootenai Tribal Court of the Flathead Reservation, Pablo, Montana In Re the Matter of the Estate of: Darell William Kehoe Notice is hereby given that the undersigned, Janet Enos, 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 (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Personal Representative, return receipt requested, or to the Clerk of Court of the Confederated Salish and Kootenai Tribal Court, P.O. Box 278, Pablo, Montana, 59855. Dated this 3 of April, 2019. /s/ Janet Enos Personal Representative Address: Janet Enos 351 Benjamin Circle NE Ronan, MT 59864 Published on April 11, 2019, April 18, 2019, and April 25, 2019. MNALXP
The Board of County Commissioners will hold a public hearing on Monday April 22, 2019 at 10:00 am at the Lake County Courthouse, Commissioners Chambers, Room 211 106 4th Avenue East, Polson MT, for the purpose of taking public comment on the Resolution of Intent listed below. If you are unable to attend and would like to submit comment you can do so to lakecommissioners@lakemt.gov or mail to 106 4th Avenue East Polson, MT 59860 LAKE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION OF INTENT NO. 19-13 WHEREAS, pursuant to Sections 7-14-2101, 7-14-2102 and 7-14-2103 of the Montana Code Annotated, a Board of County Commissioners has the authority to manage county roads within the county; and WHEREAS, On February 22nd, 2019, the Board received a request to abandon a portion of the 40-foot platted access between Lot 1, Block 6 and Lot 6, Block 4 of Festou Villa site; and WHEREAS, The existing roadway is not within the platted access as the platted access is not practical for roadway purposes; and WHEREAS, The current owners must grant an easement over the existing roadway in order to not land-lock any parcels; and WHEREAS, All affected property owners have not objected to or have given their approval to the abandonment; WHEREAS, this section of road which is 40'wide and 361.5 feet in length is a dedicated, and undeveloped, public road within Lake County; WHEREAS, a Board of County Commissioners has the authority to abandon a portion of a county road after a public hearing; WHEREAS, the Petitioner shall record a document granting unto all utility companies (for existing public and private utilities) as such are defined and established by Montana Law, a perpetual easement of a minimum of ten (10) feet in width for location, maintenance, repair and removal of their lines and utilities over, under and across the roadway. WHEREAS, A public hearing has been scheduled on Monday April 22, 2019 in the Commissioners' Office to take comment regarding the abandonment. NOW THEREFORE, BE IT RESOLVED, The Lake County Board of County Commissioners will hold a public hearing on Monday April 22, 2019 at 10:00 am in the Commissioners' Office to take comment regarding the abandonment. Public members unable to attend the hearing may comment by email at lakecommissioners@lakemt.gov or by letter sent to: Lake County Commissioners, 106 4th Ave. East, Polson, MT 59860. PASSED AND ADOPTED THIS 4th DAY OF April, 2019. BOARD OF LAKE COUNTY COMMISSIONERS /s/ Gale Decker, Chairman /s/ Dave Stipe, Member /s/ William D. Barron, Member Attest: /s/ Paula A. Holle , Clerk & Recorder Published on April 11, 2019, and April 18, 2019. MNAXLP
Notice of Annual School Election Notice is hereby given by the Lake County Election Administrator, State of Montana that the Annual School District Election will be held on Tuesday, May 7, 2019 by mail ballot. Ballots may be mailed or returned to the Election Office at 106 4th Ave E, Polson, MT 59860 between the hours of 8:00 AM - 5:00 PM from April 17th - May 6th and 7:00 AM - 8:00 PM on Election Day, May 7th. Electors will consider the following issues at the election: Arlee School District #8-J - Two 3-year trustee positions and one 2-year trustee position; Charlo School District #7-J - Two 3-year trustee positions and one 2-year trustee position; St. Ignatius School District #23 - One 3-year trustee position. A qualified registered elector who will be absent from the district during the time the election is being conducted may: a) vote in person in the election administrator's office as soon as the ballots are available and until noon the day before the ballots are scheduled to be mailed; b) make a written request, signed by the applicant and addressed to the election administrator, that the ballot be mailed to an address other than the address that appears on the registration card. If you miss this regular registration deadline on April 8th, you may still register for the election by showing up at the *Lake County Election Office up to and including on Election Day. Between noon and the close of business on the day before Election Day, you may complete and submit a voter registration card, but you will need to return to the Election Office on Election Day to pick up and vote a ballot. *If an individual who has missed regular registration resides in School District #7-J or #8-J but lives in Sanders or Missoula County, the voter must register to vote at their own County Election Office and bring the certificate of late registration to the Lake County Election Office to be issued a ballot. DATED this 3rd day of April, 2019. /s/Katie Harding Election Administrator Lake County, Montana Published on April 11, 2019, and April 18, 2019. MNAXLP
LEGAL NOTICE The Lake County Planning Board will hold a public meeting on Wednesday, May 8, 2019 at 7:00 pm in the large conference room of the Lake County Courthouse. Agenda items include: AMENDMENTS TO LAKE MARY RONAN ZONING MAP AND REGULATIONS Lake County is proposing a zoning map and text amendment to the Lake Mary Ronan Zoning District and Regulations. Map amendments include making corrections in Sections 11, 13, 15, and 22 within the zoning map boundaries to reflect the original public notice that created the district. Text amendments to the regulations include various updates, clarifications and typographical corrections, as well as correcting the district and sub-district descriptions, adding a statement that land outside the district that is added to parcels or lots within the district become part of the district, updating the zoning's purpose to include public health and safety, updating the administrative and enforcement procedures, adding language to address vacation rentals and accessory dwelling units (ADUs), adding a section addressing a 50-foot vegetative buffer, amending the mandatory review requirements, updating how impervious surfaces and average building heights are calculated, and adding disturbance of slopes greater than 25% as a conditional use. The subject area impacted by the proposed amendments includes all areas within the Lake Mary Ronan Zoning District. AMENDMENTS TO SWAN SITES ZONING MAP AND REGULATIONS Lake County is proposing a zoning map and text amendment to the Swan Sites Zoning District and Regulations. Map amendments include making corrections in Sections 13 and 14 within the zoning map boundaries. Text amendments to the regulations include various updates, clarifications and typographical corrections, as well as correcting the district description, adding a statement that land outside the district that is added to parcels or lots within the district become part of the district, updating the zoning's purpose to include public health and safety, updating the administrative and enforcement procedures, adding language to address vacation rentals and accessory dwelling units (ADUs), updating the 50-foot vegetative buffer section, amending the mandatory review requirements, updating how impervious surfaces and average building heights are calculated, increasing the maximum average building height to 30 feet, amending the setback to waterways, and adding disturbance of slopes greater than 25% as a conditional use. The subject area impacted by the proposed amendments includes all areas within the Swan Sites Zoning District. Information regarding the agenda items is available at the Lake County Planning Dept, Rm 315 of the Lake County Courthouse. Written comments received by April 29, 2019 will be included in the board packets. All written and verbal comments are welcome and will be forwarded to the Board for their consideration. Comments received after April 29 will be provided to the Board at the meeting, which may not provide sufficient time for review of the comment. Comments may be mailed to Lake County Planning Dept, 106 4th Ave E, Polson, MT 59860 or faxed: 406-883-7205 or e-mailed: planning@lakemt.gov Published on April 18, 2019. MNAXLP
LEGAL NOTICE On Wednesday, May 8, 2019 at 3:30 pm, the Lake County Board of Adjustment will hold a public hearing in the Office of the Lake County Commissioners, Room 211 of the Lake County Courthouse on the following items: FUNK VARIANCE REQUEST Carstens and Associates, on behalf of Wayne S. & Lexie A. Funk, are requesting a variance approval within the Finley Point Zoning District, Sub-District A, to allow a portion of a legally nonconforming garage structure to be converted into a guest house which is within the side property line setback. The 1.0-acre parcel is currently developed with a single family residence, dry garage structure, concrete pad, and dry boat storage structure. The property is located at 33161 MT HWY 35, and is legally described as Tract 2 on Deed Exhibit H-1053, located in Section 15 of T23N, R19W. SPRUNK CONDITIONAL USE REQUEST Jeff Gallatin of Gallatin Construction, on behalf of Eric and Blair Sprunk, is requesting a conditional use approval within the Finley Point Zoning District, Sub-District D, Finley Point Lakeshore, to allow for impervious surface coverage exceeding 15,000 square feet. The 3.99-acre parcel is currently developed with a single family residential structure including patios and decks, a guest house, a boat house and boat rails, and landscaping. The subject property is located at 31971 S. Finley Point Road, Polson, MT 59860, and is legally described as Lot 5, of Block 4, of Pollard Villa Site, a subdivision located within Section 18, T23N, R19W. BRYAN CONDITIONAL USE REQUEST Van K and Wallis Morger Bryan are requesting a conditional use approval within the East Shore Zoning District to allow for a personal temporary dwelling to be used on a seasonal basis. The conditional use approval would allow an R.V. to be used as a temporary dwelling on a seasonal basis not to exceed 5 months in one period, with the R.V. being required to be removed for at least 30 days in order to activate a new five month period. The subject property is legally described as Lot 6 of Orchard Villa Site, a subdivision located within Section 9, T24N, R19W. STEENBERG CONDITIONAL USE REQUEST Thomas A. and Mary L. Steenberg are requesting conditional use approval to allow for a vacation rental within the East Side Sub-District of the Lake Mary Ronan Zoning District. If the conditional use is approved, it would allow the existing single family residence to be used as a state-licensed short term vacation rental. Vacation rentals are not currently identified within the Lake Mary Ronan Zoning District & Regulations; however, resorts are allowed as a conditional use. The characteristics and impacts of vacation rentals are equivalent or less than resorts; therefore, the vacation rental can be interpreted as a resort. The 1.01-acre property is located at 18961 Lake Mary Ronan Drive within the East Shore Zoning District, and is legally described as Lot 4 of South Mary Ronan Coves Subdivision in Section 11 of T25N, R22W. WILLIAMS CONDITIONAL USE REQUESTS Denman Construction, on behalf of James G. Williams, is requesting conditional use approvals to allow for disturbance of more than 500 square feet of slopes greater than 25% within 300 feet of the high water mark on a lakefront lot and impervious surface area covering between 30 and 49 percent of the buildable area of the lot in the East Shore Zoning District. The conditional use requests are in connection with construction of a single family residence and guest house on the subject property. The 1.26-acre property is located at 24473 MT Highway 35 within the East Shore Zoning District, and is legally described as Parcel 3 on COS 6424 located in Section 4 of T24N, R19W. Information regarding the agenda items is available at the Lake County Planning Dept., Rm 315 of the Lake County Courthouse. Written comments received by April 29, 2019 will be included in the staff report to the board. All written and verbal comments are welcome and will be forwarded to the Board for their consideration. Comments received after April 29th will be provided to the Board at the meeting, which may not provide sufficient time for review of the comment. Comments may be mailed to Lake County Planning Dept, 106 4th Ave E, Polson, MT 59860 or faxed: 406-883-7205 or e-mailed: planning@lakemt.gov Published on April 18, 2019. MNAXLP
PETER DELMOE Deputy County Attorney Lewis and Clark County Courthouse - 228 Broadway Helena, MT 59601-4263 (406) 447-8221 Attorney for the Montana Department of Public Health and Human Services MONTANA FIRST JUDICIAL DISTRICT COURT, LEWIS AND CLARK COUNTY In the Matter of G.S., A Youth In Need of Care No. DDN 2019-15 PUBLICATION OF SUMMONS TO: BRENT CARL HJELSETH THE FATHER OF G.S., YOU ARE HEREBY NOTIFIED that a petition requesting Petition Requesting Emergency Protective Services, Adjudication as a Youth in need of Care, and for Temporary Legal Custody of the youth has been filed in the above-entitled Court by Peter Delmoe, Deputy Lewis and Clark Attorney, representing the Montana Department of Public Health and Human Services, Child and Family Services Division (Department). NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on May 7, 2019, at 3:00 P.M., at the Courtroom of Judge James Reynolds, 228 Broadway, Helena, Lewis and Clark County, Montana, then and there to show cause, if any you may have, why said youth should not be declared as a Youth in Need of Care, and why the Department should not be granted Emergency Protective Services, Adjudication as a Youth in need of Care, and for Temporary Legal Custody of the youth. The youth was born on January 4, 2002, to D.S. and Brent Carl Hjelseth. A Public Defender, has been appointed to represent you. They can be reached at the Public Defender's office at 139 North Last Chance Gulch, Helena, MT 59601, phone 406-444-0104. Your failure to appear at the hearing constitutes a denial of your interest in the above-named youth, which denial may result, without further notice of this proceeding or any subsequent proceeding, in judgment by default being entered for the relief requested in the petition. A copy of the petition is filed with the Clerk of District Court for Lewis and Clark County, 228 Broadway, Room 104, Helena, MT 59601, phone 406-447-8216. WITNESS my hand and seal of this Court, this 12 of April, 2019. ANGIE SPARKS, Clerk of District Court (SEAL) By Lisa Kallio Deputy Clerk Published on April 18, 2019, April 25, 2019, and May 2, 2019. MNAXLP
After Recording Return To: Mackoff Kellogg Law Firm 38 2nd Ave E Dickinson, ND 58601 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on June 19, 2019, at 11:00 AM at the North Entrance to the Lake County Courthouse located 106 4th Avenue East in Polson, MT 59860, the following described real property situated in Lake County, Montana: A portion of the NW1/4SE1/4 of Section 11, Township 21 North, Range 20 West, P.M.M., Lake County, Montana, more particularly described as follows: Commencing at the NW1/4SE1/4 of said Section 11, T. 21 N., R. 20 W., P.M.M.; thence N. 89°46` E. 446.56 feet along the North Boundary of said NW1/4SE1/4 to the true point of beginning; thence S. 2°15`52" W., 208.38 feet; thence N. 89°43`20" E., 139.78 feet; thence N. 0°06` W., 208.07 feet to the North boundary of the NW1/4SE1/4 of said Section 11; thence S. 89°46` W., 131.18 feet along said North boundary to the true point of beginning. Further identified as being Tract 2 on Certificate of Survey No. 4727, on file in the office of the Clerk and Recorder of Lake County, Montana. Suzanne Kinkade and Barbara Kinkade, as Grantor(s), conveyed said real property to Mr. Burton O. Bosch, as Trustee, to secure an obligation owed to Washington Mutual Bank, FA, as Beneficiary, by Deed of Trust dated on October 10, 2001, and recorded on October 10, 2001, as Document No. 419459. The beneficial interest is currently held by Bayview Loan Servicing, LLC. First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning May 1, 2018, 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. The total amount due on this obligation as of January 31, 2019 is $58,913.18 principal, interest totaling $3,493.20, late charges in the amount of $298.00, escrow advances of $3,178.61, suspense balance of $-744.91, and other fees and expenses advanced of $220.00, plus accruing interest, late charges, and other costs and fees that may be 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 Grantors. 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, at any time prior to the trustee's sale, may 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 thereby cure the default. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: January 24, 2019 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ) ) ss. COUNTY OF Bingham ) On this 24th day of January, 2019, before me, a notary public in and for said County and State, personally appeared Rae Albert, known to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Kaitlin Ann Gotch Notary Public Bingham County, Idaho Commission Expires: 07/29/2022 Bayview Loan Servicing, LLC vs Barbara Kinkade; Suzanne Kinkade 106377-1 Published on April 4, 2019, April 11, 2019, and April 18, 2019. MNAXLP
Notice to Creditors Probate Cause # 19-0075-P The Confederated Salish and Kootenai Tribal Court of the Flathead Reservation, Pablo, Montana In Re the Matter of the Estate of: Patrick Scott McClure Notice is hereby given that the undersigned, Bonnie McClure, has been appointed Personal Representative of the above- named estate. All persons hav- ing claims against the said De- ceased are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Personal Representative, return receipt requested, or to the Clerk of Court of the Confederated Salish and Kootenai Tribal Court, P.O. Box 278, Pablo, Montana, 59855. Dated this 10th of April, 2019. /s/ Bonnie E. McClure Personal Representative Address: Bonnie McClure 20501 Coriacan Lane Missoula, MT 59808 Published on April 18, 2019, April 25, 2019, and May 2, 2019. MNAXLP
Notice to Creditors Probate Cause # 19-0081-P The Confederated Salish and Kootenai Tribal Court of the Flathead Reservation Pablo, Montana In Re the Matter of the Estate of: Clara McDonald Charlo Notice is hereby given that the undersigned, Violet Trahan & Maxine McDonald, 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 (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Personal Representative, return receipt requested, or to the Clerk of Court of the Confederated Salish and Kootenai Tribal Court, P.O. Box 278, Pablo, Montana, 59855. Dated this 15 of April, 2019. /s/ Maxine McDonald /s/ Violet Trahan Personal Representative Address: Violet Trahan 63801 Stousee Lane St. Ignatius, MT 59865 Maxine McDonald PO Box 384 St. Ignatius, MT 59865 Published on April 18, 2019, April 25, 2019, and May 2, 2019. MNAXLP
Wendell B. Dunn P.O. Box 64 Polson, MT 59860 Telephone: (406)862-3700 Attorney for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF: MARTHA L. BROWN, Deceased. Cause No. DP-19-9 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Terry L. Brown has been appointed Personal Representative of the estate of the above-named decedent. All persons having claims against said decedent 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 said personal representative at 1454 Bel Air Ave, Alliance, NE 69301 return receipt requested, or filed with the Clerk of the above titled Court at 106 4th Ave. E., Polson, MT 59860. DATED: March 30, 2019. /s/_Terry L. Brown /s/ Wendell B. Dunn Attorney for Personal Representative Published on April 11, 2019, April 18, 2019, and April 25, 2019. MNAXLP