Legals for June, 8 2023
CS&KT TRIBAL LANDS DEPARTMENT REQUEST FOR PROPSALS (RFP) ARIEL HERBICIDE APPLICATION The Tribal Lands Department is soliciting bids to perform helicopter herbicide application and aerial seeding services of approximately 5,900 acres to be sprayed within four project locations. Bids are due by June 15, 2023 at 4:30 pm. This notice is furnished to acquaint bidders with some of the requirements of the proposed contract. If bidders wish to submit a bid proposal or request a complete bid package, please call Zanen Pitts at (406) 676-2700 Ext. 1199. Electronic copies may be requested by emailing: zanen.pitts@cskt.org or Alfred.bigby@cskt.org. You are urged to make your own independent estimate of spraying to determine your bidding decisions. A bidder must be prepared to assume full responsibility for the success of the operation under the terms of the contract at the prices bid. If the wording of this notice disagrees with the contract, the contract is final and binding. SCOPE OF WORK Helicopter herbicide application and Aerial seeding services: The contractor shall spray all required acres by the end of the contract. Contractor must keep signs posted informing the public of the use of herbicides. Contractor shall keep Tribal Lands Department personnel updated on spraying schedule. THIS IS A SEALED BID AND A TRIBAL MEMBER PREFERENCE SALE, however, bidding is not limited to only tribal members. Tribal members claiming Indian Preference must include an Indian Preference Certificate in the bid packet. Tribal Contractors who wish to receive Indian Preference must obtain certification by the Confederated Salish and Kootenai Tribes’ Indian Preference Office as a legitimate Indian-owned business prior to the submission of bids. In order to claim Indian Preference, proof of Indian Preference Certification must be included with your bid in the form of a copy of the certificate issued by the Indian Preference Office. Be advised, evidence of your membership or affiliation with a tribe does not constitute Indian Preference certification. The selection of the successful contractor and award of this project will be per the provisions of the CSKT Indian Preference Ordinance 101A. It is the sole responsibility of the bidder to obtain and provide proof of Indian Preference certification from the Indian Preference Office. For more information on Indian Preference certification, contact Melinda Charlo, (406) 675-2700 ext. 1045. TIMEFRAME The Contractor shall begin work as soon as practicable after receiving the approved contract and notice to proceed. Spraying shall be completed by the contract expiration date. BID SUBMITTAL All bids must be addressed and mailed or drop off to Tribal Lands Department, PO Box 278, Pablo, MT 59855; bid opening will be located at the Tribal Lands Office (Conference Room). All Bids must be labeled on the outside as “Bid for 2023 Helicopter Bid” on the outside of the envelope. The deadline for bid acceptance will be June 15th , 2023 at 4:30 PM. At which no other bids will be accepted and bid opening will commence. Bidders need not be present at the bid opening to be awarded the contract. The contract award shall be based on the best value expected from a bidder capable of completing the work on all planting blocks. The successful bidder is required to submit, failing to have following criteria will result in an unsuccessful bid. 1. A completed Form W-9, Request for Taxpayer Identification Number and Certification 2. A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions. 3. Certificate(s) of Insurance for workers’ compensation insurance and comprehensive general liability insurance Published on May 25th, June 1st, 8th & 15th, 2023. MNAXLP __________________________
PROBATE NO. DP-23-28 CLINTON J. FISCHER LAW OFFICE, P.C. Valley Bank Building P.O. Box 879 Polson, MT 59860 Telephone: (406) 883-4395 Attorney for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE ESTATE OF RYAN D. ANDERSON, Decedent. 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 said deceased 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. A written statement of the claim indicating the name and address of the claimant, the basis of the claim and the amount claimed may be filed with the Clerk of the District Court, Lake County, Montana, or mailed, return receipt requested, to the Personal Representative at the following address: Mark A. Wunder c/o Clinton J. Fischer Law Office, P.C. P.O. Box 879 Polson, MT 59860 DATED this 12th day of May, 2023. Mark A. Wunder, Personal Representative PERSONAL REPRESENTATIVE’S ATTORNEY: Clinton J. Fischer CLINTON J. FISCHER LAW OFFICE, P.C. Valley Bank Building P. O. Box 879 Polson, Montana 59860 Published on May 25th, June 1st & 8th, 2023. MNAXLP __________________________
Cause No.21-0254-G IN THE TRIBAL COURT OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, PABLO, MONTANA Alethea Lynn Hendrickson Petitioner(s)/Plaintiff(s) Valerie Acevedo Respondent(s)/Defendant(s) Notice of Hearing by Publication To: Valerie Acevedo Last Known Address, if any: 32017 Sunrise Rise Blvd. St. Ignatius, MT 59865 The CSKT Tribal Court located on the Flathead Reservation in Pablo, Montana will hold a hearing at the following time and location or at later date to which the hearing may be continued: Date: 7.5.23 Time: 10:00 A.M. Phone Number: (406) 275-2740 Address: CSKT Tribal Court, 42487 Complex Boulevard, Pablo, Montana 59855 to determine guardianship for request of relinquishing of guardianship. The hearing will take approximately 1 hour. Respondent has 15 days from the last date of publication in which to answer and defend and failure to answer and defend could result in judgment by default. Published on May 25th & June 1st, & 8th, 2023. MNAXLP __________________________
No. DP-23-25 Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax: (406) 752-7168 Attorneys for Estate of Catherine A. Still MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF: CATHERINE A. STILL, Deceased. NOTICE TO CREDITORS Hon. Molly Owen NOTICE IS HEREBY GIVEN that CHARLES ANDREW BAXTER has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below. All persons or creditors having claims against the decedent 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. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Polson, Lake County, Montana, and mailed, Return Receipt Requested, to CHARLES ANDREW BAXTER, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Catherine A. Still, at P.O. Box 918, Kalispell, MT 59903. DATED: April 13, 2023 /s/ CHARLES ANDREW BAXTER Personal Representative Estate of Catherine A. Still, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of Catherine A. Still Published on June 1st, 8th & 15th, 2023. MNAXLP __________________________
NOTICE Department of Natural Resources & Conservation Timber Sale Advertisement Update The Department of Natural Resources &Conservation is implementing a recently revised Statute change that allows timber sales to be advertised in medium other than just newspaper. The new statute reads, “Timber proposed for sale in excess of 500,000 board feet must be advertised in a paper of the county in which the timber is situated or on the department’s website for a period of at least 30 days.” The Department will continue to directly notify any known interested potential bidders of timber advertised for sale in excess of 500,000 board feet. Prospective bidders can obtain any sale prospectus, sale contract and bid forms from the Department of Natural Resources & Conservation, Trust Land Management Division, in Missoula (406-542-4300). Visit our website at http://dnrc.mt.gov/divisions/trust/forest-management/timber-sale-information for upcoming sales and bid results. Published on June 1st & 8th, 2023. MNAXLP __________________________
PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE CHEERS ETCETERA 2023 (Michael L. Clairmont, Dustin C Kisler, Amanda Gay Snedigar Kisler, Owner(s)) has applied to transfer Montana All-Alcoholic Beverages License No. 15-860-3746-002 to be operated at CHEER’S ETCETERA, 504 3rd Ave E, Pablo, Lake County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Lake County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 15-860-3746-002 and the applicant’s name CHEERS ETCETERA 2023; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before June 18, 2023. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Pablo. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Lisa Patzer, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-4332 or LPatzer@mt.gov. Published on June 1st & 8th, 2023. MNAXLP __________________________
Cause No. DP-23-27 Johanna A. Pickel ASTLE & ASTLE LAW FIRM 728 S. Main Kalispell, Montana 59901 (406)755-3429 Attorneys for Applicant MONTANA TWENTIETH JUDICIAL DISTRICT COURT LAKE COUNTY IN RE THE ESTATE OF BELINDA KATHRYN STONEHAM, Deceased. 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 said deceased 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 John Clay Stoneham, the Personal Representative, return receipt requested, at c/o Johanna A. Pickel, Attorney, 728 S Main, Kalispell, MT 59901; or filed with the Clerk of the above-entitled Court. DATED this day of May 2023. /S/ John Clay Stoneham, Personal Representative PERSONAL REPRESENTATIVE’S ATTORNEY: Johanna A. Pickel ASTLE & ASTLE LAW FIRM 728 S. Main Kalispell, Montana 59901 (406)755-3429 Published on June 1st, 8th & 15th, 2023. MNAXLP __________________________
No. DP-23-29 Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax: (406) 752-7168 Attorneys for Estate of William Charles Whalen MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF: WILLIAM CHARLES WHALEN, Deceased. NOTICE TO CREDITORS Hon. Deborah Kim Christopher NOTICE IS HEREBY GIVEN that WILLIAM TROY WHALEN has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below. All persons or creditors having claims against the decedent 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. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Polson, Lake County, Montana, and mailed, Return Receipt Requested, to WILLIAM TROY WHALEN, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of William Charles Whalen, at P.O. Box 918, Kalispell, MT 59903. DATED: May 1, 2023 /s/ WILLIAM TROY WHALEN Personal Representative Estate of William Charles Whalen, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of William Charles Whalen Published on June 1st, 8th & 15th, 2023. MNAXLP __________________________
Dept. No. 1 Cause No. DP-23-32 SHANE N. REELY, ESQ. GOODRICH & REELY, PLLC 2315 McDonald Avenue, Suite 200 Missoula, MT 59801 Telephone (406) 541-9700 Telefax (406) 541-9707 shane@goodrichreely.com Attorneys for the Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT LAKE COUNTY IN THE MATTER OF THE ESTATE OF LINDA M. WOLD, Deceased. NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the abovenamed 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 DOUGLAS J. WOLD, the Personal Representative, return receipt requested, c/o Goodrich & Reely, PLLC, 2315 McDonald Avenue, Suite 200, Missoula, Montana 59801, or filed with the Clerk of the above entitled Court. DATED this 30th day of May, 2023. Douglas J. Wold Personal Representative GOODRICH & REELY, PLLC 2315 McDonald Avenue, Suite 200 Missoula, Montana 59801 Attorneys for the Personal Representative By: Shane N. Reely, Esq. Published on June 8th, 15th & 22nd, 2023. MNAXLP __________________________
City of Polson, Montana NOTICE OF ANNUAL BUDGET APPROVAL Notice is hereby given that the Polson City Commission has completed the annual budget for the fiscal year 2023 – 2024 (FY24). The Commission is scheduled to adopt the FINAL budget and make appropriations during a meeting of the City Commission on June 19, 2023, in the City Hall Council Chambers at 7:00 pm. The proposed budget is on file and open to inspection at City Hall, 106 1st St. E, Polson, Montana in the City Clerk’s office. For further information contact Kimberly Sassaman, Finance Officer, 406-883-8204, or by e-mail at finance@cityofpolson.com. Published on June 8th, & 15th, 2023. MNAXLP __________________________
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on September 25, 2023, at 11:00 AM on the front steps at the Lake County Courthouse located at 106 4th Avenue East, Polson, MT 59860, the following described real property situated in Lake County, State of Montana: Lot A of the Amended Plat of Lots 1, 2, and 3 of Block 2 of Polson Heights Addition to the City of Polson, Lake County, Montana, according to the map or plat thereof on file in the office of the Clerk and Recorder of Lake County, Montana. More commonly known as 708 9th Avenue East, Polson, MT 59860. Jose A. Muniz, Jr., as Grantor, conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Eagle Bank, by Deed of Trust on May 22, 2009, and filed for record in the records of the County Clerk and Recorder in Lake County, State of Montana, on May 22, 2009, as Instrument No. 498469, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment Dated: May 26, 2009 Assignment Recorded: August 7, 2009 Assignment Recording Information: as Instrument No. 500601 Assignee: Chickasaw Community Bank fka Bank2 Assignment Dated: March 28, 2023 Assignment Recorded: April 10, 2023 Assignment Recording Information: as Instrument No. 604230 All in the records of the County Clerk and Recorder for Lake 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 Lake County, State of Montana, on May 2, 2023, as Instrument No. 604637, 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 September 1, 2022, 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 $74,684.24, interest in the sum of $3,111.80, escrow advances of $1,263.54, other amounts due and payable in the amount of $755.30 for a total amount owing of $79,814.88, 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 8th day of May, 2023. 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. MT11353 Published on June 8th, 15th & 22nd, 2023. MNAXLP __________________________
LEGAL NOTICE The Lake County Floodplain Administrator has received the following floodplain development permit application and variance requests: JOHNSON FLOODPLAIN DEVELOPMENT PERMIT Ronda Burns, from Confluence Consulting, on behalf of Rhett and Patricia Johnson, has applied for a floodplain development permit to construct a pond within the FEMA mapped 100-year floodplain of Swan River and Alder Creek. Approximately 3,500 cubic yards of material will be excavated with approximately 1,500 cubic yards placed within the 100-year floodplain to create the pond. The subject property is legally described as tract 1 on COS 6317, located within section 28 of T22N, R17W. Information regarding the proposal is available via the Lake County Planning Dept. All written and verbal comments are welcome and will be considered. The deadline to submit comments is June 23, 2023. Comments may be mailed to: Lake County Planning Dept., 106 Fourth Ave East, Polson, MT 59860; or faxed: 406-883-7205; or e-mailed: planning@lakemt.gov. Published on June 8th, 2023. MNAXLP __________________________