Legals for November, 23 2023
BID NOTICE Lake County Joint Airport Board will be taking bids for new Aviation Architectural Engineering Services (RFQ). The contract is for a five-year term to service Polson, Ronan, and Saint Ignatius Airports, local in Lake County, Montana. Please contact Tracy Ohler, Airport Administrative Assistant at (406) 253-5816 or email admnlcairports@gmail.com for bid information. All bids must be received by 5:00 PM local time by December 4th, 2023 at the Lake County Courthouse. Published on November 2nd, 9th, 16th, 23rd & 30th, 2023. MNAXLP __________________________
Cause No. 23-0426-NC IN THE TRIBAL COURT OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, PABLO, MONTANA IN RE THE NAME CHANGE: Andrew Perry Petitioner. NOTICE OF HEARING FOR PETITION FOR NAME CHANGE (ADULT) THIS IS NOTICE that Petitioner has requested the Tribal Court for a change of name from: Andrew Delos Perry to: Andrew Delos Finley-Squeque The hearing on the Petition for Name Change filed in this case is set for: December 4th at 3:00p.m. at the CSKT Tribal Court, 42487 Complex Boulevard, Pablo, Montana 59855 on the the Flathead Reservation. Dated: 10/31/23 /S/ Sarena Montoya Clerk of Court Published on November 9th, 16th, 23rd & 30th, 2023. MNAXLP __________________________
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on March 5, 2024, 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 B of the Amended Plat of Lots 15 and 16 of PINEWOOD SHORES, a subdivision of 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 128 Pinewood Drive, Polson, MT 59860. John L. Coon and Mary L. Coon, as Grantors, conveyed said real property to Charles J. Peterson at Mackkoff, Kellogg, Kirby & Kloster, as Trustee, to secure an obligation owed to PHH Mortgage Services, by Deed of Trust on June 23, 2003, and filed for record in the records of the County Clerk and Recorder in Lake County, State of Montana, on June 27, 2003 as Instrument No. 437497, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment Dated: July 11, 2003 Assignment Recorded: September 29, 2003 Assignment Recording Information: as Instrument No. 440855 Assignee: Bank of America, N.A. Assignment Dated: April 30, 2018 Assignment Recorded: May 3, 2018 Assignment Recording Information: as Instrument No. 561864 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 April 14, 2022, as Instrument No. 597498, 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 February 1, 2023, 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 $364,995.06, interest in the sum of $17,388.89, escrow advances of $12,474.86, other amounts due and payable in the amount of $923.66 for a total amount owing of $395,782.47, 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 24th day of October, 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. MT11264 Published on November 9, 16, 23, 2023. MNAXLP ___________________
PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW Montana Retail On-Premises Consumption Beer and Wine License BIG SKY SASQUATCH LLC (Matt Brown and Thersa Brown, Owner(s)) has applied for one new Montana Retail On-Premises All-Beverage License No. 15-999-3721-001 to be operated at BIG SKY SASQUATCH, 72532 N Couture Loop, Arlee, 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 15-999-3721-001 and the applicant’s name BIG SKY SASQUATCH LLC; (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 December 10, 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 Arlee. 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 November 9, 16, 23, 30, 2023. MNAXLP __________________________
PROBATE NO. DP-23-73 CLINTON J. FISCHER LAW OFFICE, P.C. P.O. Box 879 Polson, MT 59860 Telephone: (406) 883-4395 Attorney for Co-Personal Representatives MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE ESTATE OF MICHAEL D. MURPHY, Decedent. NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned have been appointed Co-Personal Representatives 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 Co-Personal Representatives at the following address: Kenneth S. Murphy and David T. Murphy c/o Clinton J. Fischer Law Office, P.C. P.O. Box 879 Polson, MT 59860 DATED this 6th day of November, 2023. /S/ Kenneth S. Murphy, Co-Personal Representative /S/ David T. Murphy, Co-Personal Representative Published on November 16th, 23rd & 30th, 2023. MNAXLP __________________________
LOCAL BROADBAND SERVICES Blackfoot provides local phone and broadband services in many Montana communities at reasonable and affordable rates. A federal program designed to promote “universal service” to all areas of the nation makes affordable rates possible. Companies participating in this program are required to advertise theses services on an annual basis. As a participant in the universal service program, Blackfoot provides access to single line phone service, emergency services (911), directory assistance (411), operator services (0+), long distance limitation services, as well as broadband internet access services. For questions or to order new services please call Blackfoot’s customer care team at 406-541-5000 or visit us at www.blackfoot.com. Published on November 16th & 23rd, 2023. MNAXLP __________________________
LEGAL NOTICE The Board of Lake County Commissioners will hold a public hearing on Thursday, January 11, 2024 at 2:00 pm in the Office of the Lake County Commissioners, Room 211 of the Lake County Courthouse (virtual attendance via ZOOM is an option) on the following item: LAKESHORE PROTECTION REGULATIONS AMENDMENT On Thursday, November 10, 2022, the Lake County Board of Commissioners held a public hearing and passed a resolution of intention to adopt an amendment to the Lake County Lakeshore Protection Regulations. The amendments included all sections of the regulations, as well as the addition of several new concepts and items. After the November 10, 2022, meeting, the Planning Department held several more public meetings to collect additional public comment, and present proposed additional changes to the Lake County Commissioners. The current regulations and the proposed amendments to the Lakeshore Protection Regulations are available from the Lake County Planning Department. For 30 days after the first publication of this notice, the Lake County Commissioners Office will receive written comments regarding the requested amendment from the public. All written comments will be forwarded to the Commissioners for their consideration up until the day of the hearing. Comments may be mailed to the Commissioners’ Office or the Lake County Planning Dept. at 106 4th Ave E, Polson, MT 59860 or e-mailed to planning@lakemt.gov. Please contact the Lake County Commissioners’ Office at kstinger@lakemt.gov or at (406) 883-7204 about attending the meeting virtually. Published on November 16th & 23rd, 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, Second Street Mini Storage, 907 2 nd Street East, Polson, Montana 59860 406-883-5128 is entitled to auction the said property. Notice is hereby given that 2 nd Street Mini Storage will auction all contents of Units D06, E21 & F02 belonging to Mike Johnson, Unit B01 belonging to Devlin Sheridan, Unit A04 belonging to Tanner Wardall, Unit F04 belonging to Scott Pazder, Unit C14 belonging to Kiana Howell and Unit C02 belonging to John Thomas at 9:00 am on Saturday, December 2, 2023. If there are no bidders, the property will be disposed of accordingly. Published on November 23rd & 30th, 2023. MNAXLP __________________________
Case No.: DV 23-22 Lewis N. Stoddard, Bar No. 60723896 Halliday, Watkins & Mann, P.C. 300 W. Main Street, Suite 150 Boise, ID 83702 Phone: 801-355-2886 Facsimile: 801-328-9714 lewis@hwmlawfirm.com Attorney for Plaintiff HWM File Number: MT-20114 MONTANA TWENTIETH JUDICIAL DISTRICT LAKE COUNTY CAG National Fund I LLC, Plaintiff, V. Unknown Heirs and Devisees of the Estate of Mary K. Harris; Unknown Heirs and Devisees of the Estate of Orville S. Harris; William A. Harris, as Personal Representative of the Estate of Orville S. Harris; United States of America, by and through the Secretary of Housing and Urban Development; and Unknown Parties in possession of or with an interest in the real property commonly known as: 46018 Round Butte Road, Ronan, MT 59864, Defendants. NOTICE OF SALE Under and by virtue of a Writ of Execution issued in the above-entitled action on September 5, 2023, I am commanded to sell at public auction all of Defendants’ rights and interest to the below described property: A tract of land in the NE1/4SE1/4 of Section 31, Township 21 North, Range 21 West, P.M.M., Lake County, Montana, further shown and described as being Tract C on Certificate of Survey No. 6760, on file in the office of the Clerk and Recorder of Lake County, Montana. With a property address of: 46018 Round Butte Road, Ronan, MT 59864. Notice is hereby given that on December 19, 2023 at 10:00 AM on the front steps of the Lake County Courthouse, 106 4th Avenue E, Polson, MT 59860 the above-described property will be sold to the highest bidder to satisfy Plaintiff’s judgment, with interest and costs. Date: September 19, 2023 By: Don Bell Sheriff/Deputy Sheriff of Lake County, State of Montana **WE STRONGLY RECOMMEND ANYONE INTERESTED IN BIDDING ON ANY PROPERTY NOTICED FOR SALE RESEARCH THE OWNERSHIP OF THE PROPERTY THOROUGHLY PRIOR TO BIDDING** Published on November 23rd, 30th & December 7th, 2023. MNAXLP __________________________
Cause No.: DP-23- 75 COLUMBIA FALLS ESTATE PLANNING DENISE P. ROMER, ESQ. Montana Bar No. 38016558 139 6th Street West Columbia Falls, MT 59912 Tel: (406) 897-8521 Fax: (406) 897-8522 Email: denise@estateplanning406.com Web: www.estateplanning406.com Attorney for the Estate MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY In Re: The Estate of: ELSIE R. GIERKE-LOCKE, 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 (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 PATRICIA L. GIERKE, the Personal Representative, certified with return receipt requested, to c/o Columbia Falls Estate Planning, 139 6th Street West., Columbia Falls, MT 59912, or filed with the Clerk of the above-entitled Court. Dated this 30th day of October, 2023 Patricia L. Gierke, Personal Representative Published on November 23rd, 30th & December 7th, 2023. MNAXLP __________________________
Cause No.: DP-23-76 Dept. No. 2002 P. Mars Scott P. MARS SCOTT LAW OFFICES P.O. Box 5988 Missoula, MT 59806 Tel: (406) 327-0600 Email: pleadings@pmarsscott.com Attorney for the Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE ESTATE OF: CATHERINE ELIZABETH EMISON, Deceased. NOTICE IS HEREBY GIVEN that P. Mars Scott has been appointed Personal Representative of the above-named estate. All persons having claims against the 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, P. Mars Scott, the Personal Representative, return receipt requested at P. Mars Scott Law Offices, P.O. Box 5988, Missoula, Montana 59806, or filed with the Clerk of the above Court. DATED this 17th day of November 2023. P. MARS SCOTT LAW OFFICES By: P. Mars Scott Attorney for Personal Representative Published on November 23rd, 30th & December 7th, 2023. MNAXLP __________________________
LEGAL NOTICE On Wednesday, December 13, 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: BALDRIDGE CONDITIONAL USE Summerfield C Baldridge Living Family Trust is requesting a conditional use approval to allow for the disturbance of slopes greater than 25% within 300 feet of the high-water mark. The request is associated with the construction of a new single-family residence. The +/-1.57-acre subject property is located at 18300 Goose Bay Lane within the Upper West Shore Zoning District, sub-unit A – Upper Lakeside and is legally described as lot 14 of Linderman Estate Subdivision, located in section 9 of T25N, R20W, also shown on COS 4741. SIDERIUS CONDITIONAL USE Kevin Treece of Kevin Treece Custom Design Inc, on behalf of Joel Siderius, is requesting two conditional use approvals to allow impervious surface area covering between 30 and 49 percent of the buildable area of a lot and disturbance of slopes greater than 25% within 300 feet of the high-water mark. These requests are associated with the construction of a new single-family residence. The +/-0.526-acre & +/-0.506-acre subject properties are located at 38722 Table Bay Road, Rollins, MT within the Upper West Shore Zoning District, sub-unit A – Upper Lakeside and are legally described as lot 17 – 18 of block 5 of Table Bays Subdivision within section 16 of T25N, R20W. BUCHANAN VARIANCE REQUESTS Bruce Buchanan is requesting an after-the-fact variance for allowance of expanding an existing non-conforming structure within the 20-foot side setback of a property line and change of use of an existing non-conforming structure from a dry shop to a guest house in the Finley Point Zoning District. The request is associated with an after-the-fact expansion with stairs, deck and change of use of existing dry non-conforming shop to a guest house. The +/-2.24-acre subject property is located at 36607 MT Hwy 35 within the Finley Point Zoning District and is legally described as Tract A, as shown on COS 2438, located in section 33 of T23N, R19W. Information regarding the agenda items is available from the Lake County Planning Dept. Written comments received by December 4, 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 December 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 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 November 23rd, 2023. MNAXLP __________________________
Notice of Public Hearing Notice is hereby given that the Polson City-County Planning Board will on Tuesday, the 12th day of December, 2023, at 6:00 p.m. in the Polson City Hall, 106 1st Street East, Polson, Montana, hold a public hearing for consideration and recommendation to the Polson City Commission of proposed text amendments to the 2016 Polson Development Code (PDC) which includes zoning and subdivision regulations that will apply to all land within the municipal boundaries of the City of Polson, Montana. Such changes are made in accordance with the changes to state law enacted by the 68th Regular Session of the Montana Legislature in 2023. The Polson City-County Planning Board will take public comments on and review the proposed PDC text amendments. This public notice is made pursuant to 76-3- 503 MCA. 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 17th day of November, 2023. Cora Pritt Polson City Clerk Polson, MT Published on November 23rd, 2023. MNAXLP __________________________
Notice of Public Hearing Notice is hereby given that the Polson City-County Planning Board will on Tuesday, the 12th day of December, 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 special use permit. Foundation Nine Architecture, represented by Blaine Verlanic of Coeur d’Alene, ID on behalf of Michael Merchant of Polson, MT is proposing an 8 unit cottage development within the Hospital Mixed Zoning District (HMZD). All multiple-family dwellings with 5 to 8 units within the HMZD require a special use permit. The subject property is located at the intersection of 1st Street East and 13th Avenue East and legally described as Lots 11 and 12, Block 17 of the Pend De’Oreille Heights. The 14,000 square foot property is currently undeveloped and exists as two historical 7,000 square foot lots. The Polson City-County Planning Board will take public comments on and review the proposed PDC text amendments. This public notice is made pursuant to 76-3- 503 MCA. 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 17th day of November, 2023. Cora Pritt Polson City Clerk Polson, MT Published on November 23rd, 2023. MNAXLP __________________________