Legals for December, 24 2020
Richard M. Baskett Attorney-CPA Christian, Samson & Baskett, PLLC 310 West Spruce Street Missoula, Montana 59802-4108 (406) 721-7772 rick@CSBlawoffice.com Attorney for Personal Representative Montana Twentieth Judicial District Court Lake County In Re The Estate of Lynn D. Mason, a/k/a Lynn David Mason, Decedent. Probate No. DP-20-45 Dept. No. 2002 Judge: Christopher Notice To Creditors Notice Is Hereby Given that Joan B. Mason, 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 Joan B. Mason, the Personal Representative, return receipt requested, at c/o Christian, Samson & Baskett, PLLC, 310 West Spruce Street, Missoula, Montana 59802-4108, or filed with the Clerk of the above Court. Dated this 23 day of November, 2020. /s/ Joan B. Mason Joan B. Mason, Personal Representative Published on December 10, 2020, December 17, 2020, and December 24, 2020. MNAXLP
ATTENTION CITY OF POLSON RESIDENTS The following information is being published for your information regarding the question of the City of Polson Resort Tax on the February 2, 2021 Mail Election Ballot. Polson Resort Tax Notice of Goods and Services Subject to the Resort Tax: Each business/organization subject to the tax shall collect the same on the retail value of all goods and services sold for resale, within the city. All luxuries shall be taxed, and luxuries shall mean any gift item, luxury item or other item normally sold to the public or to transient visitors or tourists; but the term does not include food purchased unprepared or unserved, medicine, medical supplies and services, appliances, hardware supplies and tools or any necessities of life. The term luxuries shall be determined to include, but shall not be limited to: Hotels, Motels and Other Lodging or Camping Facilities: All goods and services sold Conference, convention or event room or space rentals Lodging based on rental periods of less than thirty (30) days Lodging for which the state bed tax is payable: Bed and breakfasts Campgrounds and RV parks Condominium rentals Hotels and motels Attractions & Services: Bowling alleys - limited to liquor/food Concerts Movie and live theaters Rodeos Guides and outfitters: Hunting, fishing, rafting, horseback rides, etc. Recreational services and labor Rentals: Automobiles, trucks, trailers, RVs, jeeps, etc. Conference, convention or event room or space rentals Golf, ski and sports equipment Motorcycles, bicycles, ATVs, etc. Snowmobiles, boats, jet skis, etc. Golf courses: Cart rentals Green fees Memberships Merchandise sales Supermarket nonfood items: Tobacco and tobacco products and nicotine delivery systems (aka vaping) Retail sales of goods (excluding sales for resale) of: New and Used Books of local interest Cameras and supplies Candles Clothing limited to logo wear, recreational clothing, gear and accessories that have been screen printed, embroidered, or otherwise imprinted with designs depicting or containing words such as Montana, Polson, Flathead Lake or any combination thereof Finished craft items, including those sold at arts and crafts fairs, other than those that are household furnishings Jewelry and art including decorative dishes and dishwares not used for meals Mail order and catalog sales Motorcycles, snowmobiles, jet skis, etc. Pictures and picture frames, posters, prints, handcrafted cards Secondhand stores and antiques Souvenir, imprinted and gift items with logos Sporting goods including sold as used or on consignment, except when sold at a garage sale: Bicycles except stationary fitness or exercise bicycles Restaurants, Fast Food and Other Food Service Establishments: All goods and services sold, including delivery charges, but not tips Foodstuffs intended for immediate human consumption Fraternal organizations which provide food and beverages or rent their facilities to the public and nonmembers Soda pop, gum and candy, including individual, bulk, and packaged candy quantities Vending machines Taverns, Bars, Nightclubs, Lounges and Other Public Establishments Serving Beer, Wine, Liquor or Other Alcoholic Beverages by the Drink: All alcoholic beverages, including beer and wine, sold by the drink or at retail All goods and services sold Private liquor stores ITEMS THAT WILL NOT BE TAXED: Appliances: Computers and computer supplies including webcams Electronic communication and entertainment devices Kitchen counter devices (mixers, toasters, etc.) Stoves, refrigerators, freezers, washers, dryers, dishwashers, trash compactors Telephone equipment Vacuum cleaners Food Purchased Unprepared or Unserved: Food items eligible for purchase with food stamps (except soda pop or candy) Food items not purchased for immediate consumption; including a loaf of bread, noncarbonated drinks, fitness drinks for later consumption Vitamins Hardware Supplies and Tools: Implements and supplies used in the construction, improvement, maintenance or repair of buildings and their furnishings Lawn and garden equipment and supplies Hotels, Motels and Other Lodging or Camping Facilities: Lodging based on rental periods in excess of thirty (30) days Medicine, Medical Supplies and Services: Doctors, dentists, chiropractors, opticians Medical supplies, items sold to be used for curative, prosthetic or medical maintenance purposes including exercise or fitness bicycles, fitness balls Medicine, substances sold for curative or remedial properties, including nonprescription drugs Psychologists, counselors, social workers Therapeutic massage Necessities of Life: Funeral directors Supermarket nonfood items Baby and child care products Disposable diapers, powder, lotion, etc. Cleaning supplies Deodorant Laundry detergent and bleach Paper products Personal hygiene: Combs, brushes, sunblock, lip balm Dietary supplements Feminine hygiene: Kotex, Tampax, douche Soap and shampoo, lotions Toilet paper Toothpaste and mouthwash Vitamins Utilities: Public and private including propane, heating oil, garbage, power, telephone, internet and cell phones Other Items and Services: Auto mechanical parts Automotive accessories Batteries Building contractors and tradesmen: Plumbers, electricians, carpenters, roofers, drywallers, painters, masons, pest control, paving, excavating, HVAC, well drillers Charcoal Computer services Other Items and Services cont'd: Contractor and homeowner equipment including vacuums and floor cleaners Craft items and supplies including poster board Dishes and dish wares used for meals or cooking Furniture and home furnishings including lawn and patio furniture and used furniture Gambling revenues Gasoline Housewares and sundries Lawn, garden, landscaping supplies and compost Light bulbs Motor oil New and used car and truck sales Newspapers Nonprofit and charitable events: Fraternal organizations which provide food and services only to members Nonprofit fundraisers School sports events Other business and professional services: Appliance repair Auto repair and related services Bank charges and interest Car wash, towing Hair salons and barbers Health clubs House cleaning and janitorial services Insurance agents: Health, life, auto, bonds Interior decorators Landscaping, snow removal and lawn care Laundry, dry cleaning and laundromats Movers and ministorage units Photo developing Preschools and childcare Printers and publishers Professional services: Lawyers, architects, accountants, appraisers, engineers, tax services, surveyors Real estate commissions School bus services Security brokers and financial managers Shipping agents (UPS) Taxidermist Taxis & Ride Sharing Services Travel agent fees Upholstery shops Veterinarians Safe deposit boxes School supplies Stationery and office supplies Street legal motorcycles Tires Wholesale merchandise purchased for resale at retail Ordinance additionally shall include: 1. Amount of tax to be 3%. 2. Term of tax to be 20 years, collected year-round. 3. Tax collection would begin July 1, 2021. 4. 3% of gross revenues specifically to vendors to offset cost of collection. Of the remaining 97%: 17% of gross revenues specifically to property tax relief; 80% of gross revenues specifically to street repair/maintenance (curb, stormwater, sidewalk, paving, engineering); 3% City administrative costs Further information available at www.cityofpolson.com. If you have questions, please call City Manager, Ed Meece at 883-8207, citymanager@cityofpolson.com Published on December 24, 2020, and December 31, 2020. MNAXLP
The Honorable Judge Morigeau Judge of Tribal Court Confederated Salish and Kootenai Tribes PO 278 Pablo, MT 59855 IN THE TRIBAL COURT OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION Eagle Bank Plaintiff vs Nicholas Clairmont Defendant Cause No 20-0130-CV SUMMONS BY PUBLICATION THE TRIBAL COURT SENDS GREETINGS TO THE ABOVE NAMED DEFENDANT: You are hereby summoned to respond to the above-captioned complaint filed in Tribal Court. You have 15 days (excluding Saturdays, Sundays, and Tribal holidays) from the last date of publication of this summons in which to file your written answer with the Tribal Court. If you fail to respond to the complaint within the time provided under law, a default judgment may be entered against you for the relief demanded in the complaint in the amount of $4,154.08 plus interest and costs to date. This Summons by Publication is issued pursuant to Title 1, chapter 2, Part 7, Rule 9(3), of the CS&KT laws codified. DATED this 1st day of December, 2020. (SEAL) /s/ Chelsi Camel Chelsi Camel Clerk of Court Published on December 10, 2020, December 17, 2020, and December 24, 2020. MNAXLP
SCOTT W. HERRING HERRING LAW OFFICE, P.C. Attorney at Law P.O. Box 1307, 215 S. Kendrick Glendive, Montana 59330 Attorney for Applicant (406) 377-5273 MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF No. DP 20-79 SAMUEL THOMAS KEIRLE, NOTICE TO CREDITORS Deceased. 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 (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 DEAN HOWE, a Co-Personal Representative, return receipt requested, at P.O. Box 48, Lakeside, Montana, 59922, or filed with the Clerk of the above-entitled Court. DATED this day of December, 2020. SCOTT W. HERRING Attorney for Applicant Published on December 24, 2020, December 31, 2020, and January 7, 2021. MNAXLP
Kenneth Krantz PO Box 166 St. Ignatius, MT 59865 406-214-5559 Personal Representative Montana Twentieth Judicial District Court, County of Lake In the matter of the Estate of Verna K. Krantz, Deceased Probate No. DP-20-49 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 decedent are required to present all claims within four (4) months after the date of the final public of this notice, or said claims will be forever barred. Claims must be either mailed to KENNETH KRANTZ, Personal Representative, PO Box 166, St. Ignatius, MT 59865, or filed with the Clerk of the above court. Dated this 8 day of December, 2020. Kenneth Krantz PO Box 166 St. Ignatius, MT 59865 Published on December 17, 2020, December 24, 2020, and December 31, 2020. MNAXLP
Montana Twentieth Judicial District Court, Lake County Ditech Financial LLC, Plaintiff, vs. Dureen Blixt-Leo a/k/a Dureen D. Blixt-Leo, Kenneth D. Leo, Discovery Bank and Does 1-10, Defendants. Cause No. DV 18-239 Notice of Sheriff's Sale Under and by virtue of a Writ of Execution issued in the above-entitled action on September 14, 2020, I am commanded to sell at public auction all of the Defendant's rights and interest to the property commonly known as 41178 Pine Tree Lane, Polson, MT 59860. To property is to be sold at Sheriff's Sale on the 26th day of January 2021, at 10:00 o'clock a.m. at the front door of the Lake County Courthouse, 106 4th Avenue East, Polson, Montana 59860, the following described real property: Lot D of Pine Tree Subdivision, a platted subdivision located in Government Lot 2 of Section 1, Township 21 North, Range 20 West, PMM, Lake County, Montana, as described on the plat dedicated of said Subdivision on file in the office of the Clerk and Recorder of Lake County, Montana. Commonly known as: 41178 Pine Tree Lane, Polson, MT 59860 Dated this 16th day of December, 2020. Donald R. Bell, Sheriff Lake County Sheriff's Office /s/ Donald R. Bell Published on December 24, 2020, December 31, 2020, and January 7, 2021. MNAXLP
The Lake County Commissioners are seeking citizen volunteers to serve on the following Boards: Lake County Solid Waste Board (2 vacancies- three year term, East Shore representative, Charlo area representative) Lake County Tax Appeal Board (one vacancy- two year term) Lakeview Cemetery Board (2 vacancies- one year term) If you are interested in any of these positions, or would like more information, please contact Kate Stinger at 406.883.7278 or send a letter of interest to lakecommissioners@lakemt.gov or to 106 4th Avenue East, Polson, MT 59860 by January 15, 2021. Published on December 17, 2020, and December 24, 2020. MNAXLP
LEGAL NOTICE On Wednesday, January 13, 2021 at 3:30 pm, the Lake County Board of Adjustment will hold a public hearing. Public attendance will be through a virtual format via ZOOM. The hearing will include the following items: REBER VARIANCE REQUEST Delaney's Landscape Center, on behalf of Bryant and Nonie Reber, is requesting a variance to allow for a privacy fence/trellis to exceed 6 feet in height within the 50-foot vegetative buffer of the Finley Point Zoning District, sub-unit D. If approved as requested, the variance would allow a fence/trellis, approx. 12 feet in height, to be constructed around the existing deck for the purpose of privacy screening. The +/-0.65-acre property is located off of North Finley Point Road, and is legally described as the north 75 feet of tract 2 of Sunrise Villa, as shown on COS (certificate of survey) 6947, located within section 18, T23N, R19W. PICKETT CONDITIONAL USE REQUESTS James Reum, on behalf of Wendell and Debra Pickett, is requesting two conditional use approvals to allow for impervious surface coverage greater than 25% and disturbance of more than 500 square feet of slopes greater than 25%. If approved, the conditional use would allow for residential structures attached by an enclosed breezeway with a detached garage, and a detached RV storage shed/shop. The +/-1.663-acre property is located off of Osprey Lane, and is legally described as tract 2 on COS 7205, located in section 21, T25N, R20W. BARENTSEN CONDITONAL USE REQUEST Christian Deon & Kara Barentsen are requesting a conditional use approval to allow a guest house with more than 1,000 square feet of living area within the Finley Point Zoning District, sub-unit E. The +/-3.7-acre property is located off of North Finley Point Road, and is legally described as tract A1 of COS 6294, located in section 20, T23N, R19W. CLEVERDON CONDITIONAL USE REQUEST Charles Watt, on behalf of Shellene Cleverdon, is requesting a conditional use approval to allow for impervious surface coverage greater than 25%. If approved, the conditional use would allow for construction of a residence with a detached garage, driveway, and walkways. The +/-0.43-acre property is located off of Majestic Court, and is legally described as lot 10 of Stone Wall Estates subdivision, Phase 2, located in section 31, T23N, R20W. MALM CONDITIONAL USE REQUEST Jeffrey Scott & Judith Ann Malm are requesting a conditional use approval to allow for impervious surface coverage greater than 25%. If approved, the conditional use would allow for construction of a residence with a detached garage, driveway, and walkways. The +/-0.629-acre property is located off of Majestic Court, and is legally described as lot 15 of Stone Wall Estates subdivision, Phase 2, located in section 31, T23N, R20W. DE CONINCK CONDITIONAL USE AND VARIANCE REQUESTS Dirk De Coninck is requesting conditional use approval for expansion of an existing business within the Finley Point Zoning District, Sub-Unit F - Finley Point Highway and a variance to the requirement that a recreational vehicle campground must be within 500 feet of the centerline of Highway 35. The requests are associated with adding additional RV spots to an existing recreational vehicle campground. The +/-9.25-acre property is located at 35103 MT Hwy 35 and is legally described as tract A on COS 5274, located in section 28 of T23N, R19W. JARVIS VARIANCE REQUEST James Jarvis is requesting a variance to the Finley Pont Zoning Regulations to allow for the expansion of a new garage and guest house structure within the side property line setback. The request is associated with an existing nonconforming garage which will be removed and replaced with a new garage and guest house structure within 50 feet of a county road rights-of-way and side property line setback. The structure was granted variance and conditional use approval in June 2020; however, the approved structure has been reconfigured and is proposed to be expanded within the side property line setback. The +/-0.37-acre property is located at 33807 E Thurston Lane and is legally described as a portion of lot 5, block 2 of Alson Villa Site, located in sections 19 & 20 of T23N, R19W, and further described on COS 5604. Information regarding the agenda items is available from the Lake County Planning Dept. Written comments received by January 4, 2021 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 January 4 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 to 406-883-7205 or e-mailed to planning@lakemt.gov . Please note: Due to safety measures in place related to concerns stemming from COVID-19, if you would like to attend the public hearing, please contact the Planning Department at the email above or at (406) 883-7235 prior to the meeting to receive instructions regarding how to attend the meeting virtually. Published on December 24, 2020. MNAXLP
LEGAL NOTICE The Lake County Planning Board will hold a public meeting on Wednesday, January 13, 2021 at 7:00 pm. Public attendance will be through a virtual format via ZOOM. Agenda items include: AMENDED SUBDIVISION PLAT OF LOT 52, SWAN SITES NO. 1 VARIANCE REQUESTS Carstens and Associates, on behalf of Nicholas & Summer Van Oort, are requesting variances to the applicable Lake County Subdivision Regulations for the 2-lot residential subdivision granted preliminary plat approval by the Board of Lake County Commissioners in December 2020. The preliminary plat approval requires the internal subdivision road that serves proposed lot 52B and adjacent lot 8-A outside of the subdivision to meet the design standards of the effective subdivision regulations or comply with the standards of any variances that may be granted. The applicant has requested variances to paving requirements, cul de sac requirements, minimum road width requirements, and minimum right-of-way width. The property is located at 12574 Trinkus Lane, Bigfork, MT 59911 and legally described as lot 52 of Swan Sites No. 1, located in section 11 of T26N, R19W. Information regarding the agenda item is available from the Lake County Planning Dept. Written comments received by January 4, 2021 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 January 4 will be provided to the board at the meeting, which may not provide sufficient time for review of the comment. Public comments regarding water and/or sewer proposals for subdivisions are encouraged to be submitted in writing. 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 Please note: Due to safety measures in place related to concerns stemming from COVID-19, if you would like to attend the public hearing, please contact the Planning Department at the email above or at (406) 883-7235 prior to the meeting to receive instructions regarding how to attend the meeting virtually. Published on December 24, 2020. MNAXLP