Legals for June, 22 2023
PUBLICATION OF NOTICE OF PENDING ATTACHMENT OF A TAX LIEN On Tuesday, August 1, 2023, the Lake County Treasurer will attach a property tax lien to property on which the 2022 taxes are delinquent. The delinquent taxes, including penalties, interest and costs are a lien upon the property and that unless delinquent taxes, penalties, interest, and costs are paid prior to July 31, 2023, a tax lien will be attached and may be assigned to a third party. MCA 15-17-122. A complete delinquent list of all persons and property in the county now owing taxes, including all city and town property that is delinquent is on file in the office of the Lake County Treasurer and is open to public inspection and examination. For further information please contact the Lake County Treasurer at 106 4th Ave East, Polson, MT 59860 Published on June 15th, 22nd & 29th, 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 __________________________
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 __________________________
Probate Cause No. 23-0096-P THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT OF THE FLATHEAD RESERVATION, PABLO, MONTANA IN RE THE MATTER OF THE ESTATE OF: MARTENA SAVAGE NOTICE TO CREDITORS Notice is hereby given that the undersigned, Scott Savage 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 the 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 5th day of June, 2023. /S/ Scott Savage Personal Representative Address: Scott Savage 32023 Hi-Hi-Tah St. Ignatius, MT 59865 Published on June 15th, 22nd, & 29th, 2023. MNAXLP __________________________
PUBLIC NOTICE Notice of Storage Auction: In accordance with the provisions of Montana Law, Code Ann. §70-6-420; there being past due and unpaid charges for the storage of your property, TSMR Storage, (located at 36339 Mink Lane, Ronan, MT 406.260.2371) is entitled to satisfy an owner’s lien of said property. Therefore, notice is hereby given that TSMR Storage will sell via auction described below belonging to the individual(s) listed below starting 10:00 AM, on Saturday, June 24th, 2023. If there are no bidders, the property will be donated to charity or disposed of accordingly. Published on June 15th & 22nd, 2023. MNAXLP __________________________
PUBLIC NOTICE The Lake County Conservation District will hold a public hearing on Thursday, July 13th, 2023 at 6:30 p.m. at the Lake County Conservation District Office (64352 US Highway 93 Ronan, MT 59864). The purpose of the public hearing will be to review the conservation district FY 2023/24 budget and the reauthorization of the permissive medical mill levy to cover costs in the group benefits line item for FY 2023/24. Lake County Conservation District will conduct the public hearing in person and virtually. To participate virtually, join Zoom Meeting: https://us06web.zoom.us/j/85728572084?pwd=dVZGM0tzSXQ5UlhOOVVpOGtSSHhVdz09 Meeting ID: 857 2857 2084 Passcode: 984885 One tap mobile +13462487799,,85728572084#,,,,*984885# US (Houston) +14086380968,,85728572084#,,,,*984885# US (San Jose) Information related agenda items is available on the district website: www.lakecountyconservation district.org For more information, contact Caroline McDonald, District Coordinator at 406-676-2811x102, 64352 U.S. Highway 93, Ronan, Montana, LakeCD@macdnet.org. Published on June 22nd & 29th, 2023. MNAXLP __________________________
ADVERTISEMENT Polson School District #23 is soliciting qualifications from individuals or firms interested in serving as a General Contractor/Construction Manager (GC/CM) in accordance with Title 18, Chapter 2, Part 5, MCA. The selected GC/CM will participate in a collaborative process to assist, as a partner, with the District, the Project Architect, and the other members of the design team for the planning, design, and construction for its Elementary, Middle School, and High School Bond Renovation and Addition Project. Voters approved bond amounts up to $23,315,000 million for its elementary district and $16,645,000 for its high school district (for a total of $39,960,000 for the entire project). Prospective GC/CM candidates may obtain a Qualifications packet at the Polson School District Administration Building, 111 4th Ave. East, Polson, MT 59860, or by visiting the District’s website: https://www.polson.k12.mt.us/. Responses to this Request for Qualifications for GC/CM must be submitted in compliance with the requirements of the Qualification packet and will be received at the Polson School District Administration Building at the address listed above until July 7, 2023, at 4:00 pm, local time. FAX RESPONSES, INCOMPLETE RESPONSES AND RESPONSES RECEIVED AFTER THAT DATE AND TIME WILL BE DEEMED NON-COMPLIANT WITH THIS RFQ AND WILL NOT BE ACCEPTED. The intent of this solicitation is to identify qualified GC/CM candidates interested in participating in a collaborative process to bring the renovation and additions of the elementary schools, middle school, and high school to fruition in a timely and cost-efficient manner. From the list of interested and qualified GC/CM candidates as determined by a selection committee established by the District, the finalists will proceed to a Request for Proposal process in accordance with Title 18, Chapter 2, Part 5, MCA. From those finalists, the District will select the GC/CM firm which is best qualified and best suits the District's needs and intent regarding the Project. It is anticipated that the selected GC/CM will initially provide Preconstruction phase services and will move forward with the provision of Construction phase services. The GC/CM shall comply with all fair labor practices and must meet the requirements of all local, state, and federal statutes. This Request for Qualifications does not commit the Board of Trustees for Polson School District to enter into any agreement, or to pay any expenses incurred in the preparation of any response to this request, or to ultimately procure any contract for the provision of these services. The Board of Trustees expressly reserves the right to waive any formalities and to reject any or all proposals. Published on June 22nd & 29th, 2023 MNAXLP __________________________
Filling Vacated Trustee Position - MCA: 20-3-309 The Polson School District 23 Board of Trustees is seeking letters of interest from individuals wishing to serve on the Polson School Board. Any person assuming this trustee position under the provisions of MCA 20-3-309, section (3) shall serve until the next regular school election and his or her successor has qualified, which will be May 2024 Any person residing in District and a registered voter may submit a letter of interest to Deb Anderson, District Clerk/Business Manager on or before 3:00 p.m. on August 1 st 2023 via email: danderson@polson.k12.mt.us. All letters of interest will be reviewed and the position will be filled after candidate interviews at a Special board meeting scheduled on August 8, 2023. Published on June 22nd & 29th, 2023. MNAXLP __________________________
PROBATE NO. Dept 1 DP-23-74 William E. Rideg RIDEG LAW OFFICE, PLLC P.O. Box 701 Missoula, MT 59806 (406) 626-1500 william@rideglaw.com Attorneys for Personal Representative MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY IN RE THE ESTATE OF MYRNA KITCHIN, Deceased. NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Denise Kitchin Tribble has been appointed as Personal Representatives of the above-named estate. All persons having claims against the 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 be mailed to William E. Rideg, Rideg Law Office, PLLC, P.O. Box 701, Missoula, MT 59806, or filed with the Clerk of the above Court. DATED this 15th day of June 2023. By: /s/William E. Rideg CERTIFICATE OF SERVICE I, the undersigned, hereby certify and affirm that a true and correct copy of the foregoing was provided as set forth below, at Missoula, Montana this 15th of June 2023 to: Denise Kitchin Tribble, Personal Representative of the Estate of Myrna T. Kitchin @ denise.tribble1427@gmail.com [ ] U.S. Mail [ ] Hand Delivery [X] Email By: /s/William E. Rideg Published on June 22nd, 29th & July 6th, 2023. MNAXLP __________________________
ABANDONMENT PETITION NOTICE OF PUBLIC HEARING The Board of Lake County Commissioners will hold a public hearing to consider a petition to abandon the undeveloped and unused road access as follows: 1) A TRACT OF LAND IN THE N ½ OF SECTION 32, TOWNSHIP 25 NORTH, RANGE 21 WEST, PM.M., LAKE COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 34; THENCE EAST 995.00 FEET ALONG THE NORTH BOUNDARY OF SAID SECTION 34 TO THE POINT OF BEGINNING; THENCE EAST 1645.00 FEET ALONG THE NORTH BOUNDARY OF SAID SECTION 34; THENCE SOUTHJ 25.00 FEET; THENCE WEST 1645.00 FEET; THENCE NORTH 25.00 FEET TO THE POINT OF BEGINNING. 2) A TRACT O FALND IN THE N1/2 OF SECTION 34, TOWNSHIP 25 NORTH, RANGE 21 WEST, P.M.M., LAKE COUNTY, MONTANA, DESCRIBES AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 34; THENCE SOUTH 886.00 FEET TO THE POINT OF BEGINNING; THENCE WEST 2640.00 FEET; THENCE SOUTH 50.00 FEET TO THE POINT OF BEGINNING. 3) A TRACT OF LAND IN THE N1/2 SECTION 34, TOWNSHIP 25 NORTH, RANGE 21 WEST, P.M.M, LAKE COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 34; THENCE SOUTH 15.00 FEET; THENCE EAST 1300.00 FEET TO THE POINT OF BEGINNING; THENCE EAST 20.00 FEET; THENCE SOUTH 861.00 FEET; THENCE WEST 20.00 FEET; THENCE NORTH 861.00 FEET TO THE POING OF BEGINNING. 4) A TRACT OF LAND IN THE N1/2 OF SECTION 34, TOWNSHIP 25 NORTH, RANGE 21 WEST, P.M.M., LAKE COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 34; THENCE SOUTH 936.00 FEET; THENCE EAST 789.00 FEET TO THE POINT OF BEGINNING; THENCE EAST 50.00 FEET; THENCE SOUTH 861.00 FEET; THENCE WEST 50 FEET; THENCE NORTH 861.00 FEET TO THE POINT OF BEGINNING. The hearing will be held on Monday, June 26, 2023 at 11:00 am in the Commissioners Chambers located at 106 4th Avenue East, Polson, MT 59860, room 211. For more information, please contact the Commissioners office at 406-883-7204. Published on June 22nd, 2023. MNAXLP __________________________
LEGAL NOTICE The Lake County Floodplain Administrator has received the following floodplain development permit application and variance requests: FAST-HOPKINS FLOODPLAIN DEVELOPMENT PERMIT William Buxton, from Advanced Consulting Services, on behalf of Donald Fast Family Revocable Trust and Hopkins Revocable Family Trust, has applied for a floodplain development permit to install buried pipelines for the purpose of replacing an existing septic system within the FEMA mapped 100-year floodplain of Swan Lake. All other septic infrastructure will be located outside of the floodplain. The subject property is legally described as a tract of land within Government Lot 2, located within section 14 of T25N, R18W. 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 22nd, 2023. MNAXLP __________________________
LEGAL NOTICE The Lake County Planning Board will hold a public meeting Wednesday, July 12, 2023 at 7:00 pm in the large conference room (Room 316) of the Lake County Courthouse. The options for attendance are through ZOOM* or in person. Agenda items include: AMENDMENT REQUEST FOR THE PRELIMINARY PLAT OF THE SUBSEQUENT SUBDIVISION OF LOTS C AND D OF PINE GLEN Jack Duffey of Duffey Land Surveying, on behalf of Douglas Jones and Kathryn Roman, has proposed a nonmaterial change to modify the configuration of the preliminary plat of the subsequent minor subdivision of Lots C and D of Pine Glen Subdivision. The proposal will adjust the boundary of internal boundary between the lots; it will not increase the number of lots in the subsequent division. The proposed subdivision for which the amendment is being requested is legally described as lots C and D of the Pine Glen Subdivision, located within section 01 of T21N, R20W. Information regarding the agenda item is available from the Lake County Planning Dept. Written comments received by July 3, 2023 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 July 3 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: If you would like to attend the public hearing via ZOOM, 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 June 22nd, 2023. MNAXLP __________________________
LEGAL NOTICE On Wednesday, July 12, 2023 at 3:30 pm, the Lake County Board of Adjustment will hold a public hearing in the large conference room (Room 316) of the Lake County Courthouse. The options for attendance are through ZOOM* or in person. The hearing will include the following items: INTERNATIONAL RV, LLC – VERTICAL BRIDGE CONDITIONAL USE AND VARIANCE REQUESTS Ben Marcus, agent on behalf of International RV, LLC, is requesting a conditional use approval to allow for new wireless communications facility as a community commercial use, as well as two variance approvals which would allow for a structure to be greater than 30 feet in height and for the location of the community commercial use to not be within 500 feet of the centerline of MT HWY 35 within the Finley Point Zoning District, sub-unit F. The requests are associated with the construction of a wireless communications tower. The +/-22.297-acre subject property is located along MT HWY 35 within the Finley Point Zoning District and is legally described as SE4SE4 of section 21, T23N, R19W, except those lands lying within the right of way of State Highway 35, together with all utility, sewage, water, and facilities associated with the campgrounds, together with and subject to all easements, reservations, restrictions, rights of way, and covenants apparent or of record and pertaining to COS 3335. SPAIN CONDITIONAL USE REQUEST Kristen Spain is requesting a conditional use approval to allow for impervious surface area covering between 30 and 49 percent of the buildable area of a lot and disturbance of slopes greater than 25% in the East Shore Zoning District. The conditional use requests are in association with the construction of a single-family residence with an attached garage. The 3.02- acre parcel is located at 19757 MT HWY 35, Bigfork, Montana, and is legally described as lot 14, Flathead Lakeshore Tracts, section 8, T25N, R19W. WARDEN CONDITIONAL USE REQUEST Marc Carstens of Carstens and Associates, on behalf of Warden Family Trust, is requesting an after-the-fact conditional use approval to allow for construction within the 10-foot side yard setback in the Finley Point Zoning District sub-unit A. The conditional use request is in association with the construction of a garage and attached guest house. The 2.38-acre parcel is located at 33095 MT HWY 35, Polson, Montana, and is legally described as tract A, H-46 less highway in section 15, T23N, R19W. RHEA CONDITIONAL USE REQUEST David Rhea is requesting a conditional use approval to allow for a guest house over 1,000 square feet within the Finley Point Zoning District. The conditional use request is in association with the construction of a single-family residence with an attached garage. The 1.93-acre parcel is located at 34789 Compass Lane, Polson Montana, and is legally described as a portion of fractional section 32, T23N, R19W, as shown on COS 2307. Information regarding the agenda items is available from the Lake County Planning Dept. Written comments received by July 3, 2023 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 July 3 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. Please note: If you would like to attend the public hearing via ZOOM, 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 June 22nd, 2023. MNAXLP __________________________
Notice of Public Hearing Notice is hereby given that the Polson City-County Planning Board will on Tuesday, the 11th day of July, 2023, at 6:00 p.m. in the Polson City Hall, 106 1st Street East, Polson, Montana, hold a public hearing for the purpose of a proposed special use permit. Todd and Kathy Pickett of P.O. Box 610, Polson, MT are requesting a campground at 780 7th Avenue West within the Resort Zoning District (RZD). The Polson City-County Planning Board will take public testimony and review the proposed special use permit. The Board will forward a recommendation to the Polson City Commission for the next available meeting. This public notice is made pursuant to 76-2-303 MCA. The application is available for review at City Hall. Contact the City of Polson Planner at 106 1st Street East, Polson, Montana 59860; by email at cityplanner@cityofpolson.com; or call 406-883-8213 to obtain further information. Contact the Polson City Clerk at Polson City Hall, 106 1st Street East, Polson, Montana, 59860; by email at cityclerk@cityofpolson.com; or call 406-883-8203 to request an accommodation. Dated at Polson, Montana this 19th day of June, 2023 Cora Pritt Polson City Clerk Polson, MT Published on June 22nd, 2023. MNAXLP __________________________