Legals for September, 21 2023
PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW Montana All-Alcoholic Beverages License MISSION MOUNTAIN, LLC (Jordan Lister, Chase Giacomo, Mark Pond, Mark Lister, Owner(s)) has applied for one new Montana All-Alcoholic Beverages License No. 15-999-3874-001 to be operated at FLATHEAD LAKE RV PARK, 82420 Us Highway 93, Dayton, 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 15-999-3874-001 and the applicant’s name MISSION MOUNTAIN, 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 October 8, 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 Dayton. 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 September 7th, 14th, 21st & 28th, 2023. MNAXLP __________________________
Dv-23-139 Montana Judicial District Court, Lake County In the Matter of the Name Change of Taylor Christine Shield, Taylor Christine Shield, Petitioner Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from: Taylor Christine Shield To: Taylor Christine Valandia The hearing will be on, 10/05/2023 at 10:00 am The hearing will be at the Courthouse in Lake County Dated August 28th, 2023 By: Deputy Clerk of Court Published on September 7th, 14th, 21st, & 28th, 2023 MNAXLP __________________________
Notice of Close of Regular Voter Registration and Option for Late Registration for the Municipal General Election and the St. Ignatius Rural Fire District Levy Election Notice is hereby given that regular registration for the Municipal General Election and the St. Ignatius Rural Fire District Levy Election to be held on November 7, 2023, will close at 5:00 pm, on October 10, 2023. Persons who wish to register or need to update registration information may do so by submitting a voter registration application by mail, by email to tkramer@lakemt.gov, or by coming into the Lake County election office during regular registration. If you have moved, please update your registration information by filling out a new voter registration application indicating the voter’s current address and submitting it to the county election office. After regular registration has closed, late registration is currently available at the county election office 106 4 th Ave, Polson, MT 59860 until 8pm on Election Day. *Note: There is an active lawsuit regarding Montana’s late registration deadline and the deadline may be subject to change. All active and inactive** electors who reside in the City of Polson Ward 2, the Town of St. Ignatius, and the St. Ignatius Rural Fire District are entitled to vote at said election. Ballots will be automatically mailed to active status electors only on October 18th . If you are a registered voter and do not receive a ballot, contact the county election office to update your information as necessary and receive a ballot. DATED this 8th day of September 2023. Toni Kramer Election Administrator Lake County, Montana Published on September 14th, 21st & 28th, 2023. MNAXLP __________________________
PUBLIC NOTICE: The Board of Lake County Commissioners will hold a public hearing on Monday, October 2, 2023 at 10:00 am in the Commissioners Chambers located at 106 4th Avenue East, Polson, MT 59860, room 211, for the purpose of taking public comment on the resolution text listed below. If you have any questions or seek further information, please contact the Commissioners office at 406.883.7204 Resolution of Intent NO. 23-30 A Resolution of Intent to Exchange Real Property Interests with the City of Polson Whereas, Lake County is the owner of that certain real property identified as: A portion of N1/2NE1/4SW1/4 and S1/2NE1/4SW14/, Section 10, T22NR20W, further described as Park B-1 on COS 2214, as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder of Lake County, and, Whereas, the foregoing real property is the location of a water storage tank, a component of the City of Polson’s potable water distribution system; and, Whereas, Lake County is the owner, subject to reverter, of the owner of that certain real property further described as: Block 18, Original Townsite of Polson, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Lake County, and, Whereas, the next immediate foregoing described real property is the location of the Lake County Courthouse, under a deed granted December 3, 1934; the said deed containing a reverter clause under which the said real property would revert to its Grantor if the real property was subsequently abandoned or ceased to be used for a courthouse; and, Whereas, the City and Lake County have agreed that the City ought properly own the real property upon which it’s water tank is located, and that the County ought enjoy the muniments of ownership of the real property underlying it’s courthouse, without a reversionary interest remaining in its Grantor; and, Whereas, Section 7-8-101, subsections (1) and (2) MCA, do provide that counties and cities, respectively, may sell or trade to any city, town, or political subdivision, as the interests of its inhabitants require, any property, however held or acquired, that is not necessary for the conduct of the county business without an ordinance, public notice, public auction, bids, or appraisal; and, Whereas, it is the intent of Lake County to trade interests in real property as above-described, finding herein an equal exchange of value; and, Whereas, the County intends to publish notice as provided in Section 7-1-2121, MCA. Now therefore be it resolved: 1. That Lake County intends to enter into the exchange of real property interests as above described with the City of Polson. 2. That notice be published pursuant to Section 7-1-2121, MCA, and hearing be set on the 2 nd day of October, 2023, at 10:00 am in the Commissioners Chambers located at 106 4th Avenue East, Polson MT 59860 whereupon Lake County shall hold a public hearing on the within Resolution of Intent. PASSED AND ADOPTED THIS 12 day of September, 2023. /s/Gale Decker, Chairman /s/Steve Stanley, Member /s/William D. Barron, Member Attest: /s/ Kendra Steele, Clerk & Recorder Approved as to form: /s/ James Raymond, Civil Attorney Published on September 21st & 28th, 2023. MNAXLP __________________________
CS&KT TRIBAL LANDS DEPARTMENT REQUEST FOR PROPOSALS (RFP) Appraisal Services The Tribal Lands Department is soliciting bids to perform Appraisal Services. Bids are due by October 5, 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 have questions, please call DesiRae Nault at (406) 676-2700 Ext. 1049. 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 Appraisal services is to provide an unbiased professional opinion to determine the fair market value of any real property interest and to conduct an analysis or consulting assignment to real property decisions based on current market conditions. Appraisals that conforms to the USPAP Standards and the Federal Land Acquisition (Yellow Book) Standards. THIS IS A SEALED BID AND A TRIBAL MEMBER PREFERENCE BID, 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. Reports 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 Appraisal” on the outside of the envelope. The deadline for bid acceptance will be October 5th, 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 September 21st, & 28th & October 5th, 2023. MNAXLP __________________________
CS&KT TRIBAL LANDS DEPARTMENT REQUEST FOR PROPOSALS (RFP) PHASE 1 ENVIRONMENTAL ASSESSMENTS The Tribal Lands Department is soliciting bids to perform Phase 1 Environmental assessments. Bids are due by October 5, 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 have questions, please call DesiRae Nault at (406) 676-2700 Ext. 1049. 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 An environmental site assessment is a report prepared for a real estate holding that identifies potential or existing environmental contamination liabilities that addresses both the underlying land as well as physical improvements to the property by visual observations, historical use reviews and regulatory records. THIS IS A SEALED BID AND A TRIBAL MEMBER PREFERENCE BID, 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. Reports 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 Phase 1” on the outside of the envelope. The deadline for bid acceptance will be October 5th , 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 September 21st & 28th & October 5th, 2023. MNAXLP __________________________
CS&KT TRIBAL LANDS DEPARTMENT REQUEST FOR PROPOSALS (RFP) Surveying Services The Tribal Lands Department is soliciting bids to perform Surveying Services. Bids are due by October 5, 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 have questions, please call DesiRae Nault at (406) 676-2700 Ext. 1049. 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 A land survey is used to locate, describe, and map out the boundaries of a piece of land. It also includes of the dimensions of the parcel, as well as any physical features, both natural and manufactured (buildings and other improvements). THIS IS A SEALED BID AND A TRIBAL MEMBER PREFERENCE BID, 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. Reports 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 Survey” on the outside of the envelope. The deadline for bid acceptance will be October 5th , 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 September 21st & 28th & October 5th, 2023. MNAXLP __________________________
CS&KT TRIBAL LANDS DEPARTMENT REQUEST FOR PROPOSALS (RFP) TITLE INSURANCE & RESEARCH The Tribal Lands Department is soliciting bids to perform Title Insurance & Research. Bids are due by October 5, 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 have questions, please call DesiRae Nault at (406) 676-2700 Ext. 1049. 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 The policy and research is meant to insure against financial loss or damage occurring from title defects: covering all but not limited to the common claims filed against a title including outstanding taxes or liens, encumbrances, or defects in a property’s title or actual ownership during a land acquisition transaction. THIS IS A SEALED BID AND A TRIBAL MEMBER PREFERENCE BID, 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. Reports 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 Title Insurance” on the outside of the envelope. The deadline for bid acceptance will be October 5 th , 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 September 21st & 28th, & October 5th, 2023. MNAXLP __________________________
Probate Cause No. 23-0176-P THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT OF THE FLATHEAD RESERVATION, PABLO, MONTANA IN RE THE MATTER OF THE ESTATE OF: CHERYL CHEFF NOTICE TO CREDITORS Notice is hereby given that the undersigned, Dusty Rider 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 13th of September, 2023. /S/ Dusty Rider, Personal Representative Address: 33753 N Crow Rd. Ronan, MT 59864 Published on September 21st, 28th & October 5th, 2023. MNAXLP __________________________
LEGAL NOTICE On Wednesday, October 11, 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 item: ENGEL FAMILY TRUST CONDITIONAL USE AND VARIANCE REQUESTS Engel Family Trust 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 ft. of the high water mark. They are also requesting a variance approval to allow for residential construction within the 50-foot vegetative buffer. These requests are associated with the construction of a new single family residence. The +/-2.15-acre subject property is located at 20905 Dewey Lane, Rollins, MT within the Upper West Shore Zoning District, sub-unit A – Upper Lakeside and is legally described as tract 1 on COS 7219, located in section 21 of T25N, R20W. Information regarding the agenda item is available from the Lake County Planning Dept. Written comments received by October 2, 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 October 2 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 September 21st, 2023. MNAXLP __________________________
LEGAL NOTICE The Lake County Planning Board will hold a public meeting Wednesday, October 11, 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: LAGERQUIST SUBSEQUENT MINOR SUBDIVISION OF TRACT 2-A ON SP-228 Jacob Feistner of Plan4approval, on behalf of Mason and Lynn Lagerquist, has proposed a subsequent minor subdivision to create one additional residential lot. The subject property is located approximately 4.4 miles northeast of Pablo and accesses off a private access road from Mud Lake Trail. Three variances to section X.DD, X.S.2 and X.I (Structural Setbacks to Vegetation Buffers, Fire Protection, and Access and Transportation) have been requested. The property is legally described as tract 2-A on SP-228 located within section 29 of T22N, R19W. The Planning Board will review the proposed subdivision and make a recommendation for denial, approval, or conditional approval to the Board of County Commissioners. Information regarding the agenda item is available from the Lake County Planning Dept. Written comments received by October 2, 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 October 2 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 September 21st, 2023. MNAXLP __________________________
Cause No: DV-24-2023-0000151-NC Dept No: 2001 Montana Twentieth Judicial District Court, Lake County In the Matter of the Name Change of: Michael Joseph Snell Jr. Michael Joseph Snell Jr., Petitioner. Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Michael Joseph Snell Jr. to Myke Joseph Matt The hearing will be on 10/25/2023 at 10:00 am. The hearing will be at the Courthouse in Lake County. Date: 9/11/2023 Lyn Fricker Clerk of District Court By: Mary Rensvold Deputy Clerk of Court Published on September 21st & 28th & October 5th & 12th. MNAXLP __________________________
Cause No. DP-23-33 DEPT. 1 Martha L. Goodloe, Attorney at Law, 1603 Jackson St., Missoula, MT 59802 406-360-7155 marthagoodloe@gmail.com Attorney for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY JUDGE MOLLY OWEN IN THE MATTER OF THE ESTATE OF RICHARD D SANDLAS Deceased. NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN, that LEWIS J COOK has been appointed Personal Representative in the above-entitled 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 be mailed to the Counsel for the Personal Representative, Martha L Goodloe at 1603 Jackson St Missoula MT 59802 or filed with the Clerk of Court above. DATED this 12th day of September, 2023 /s/ Martha L. Goodloe Published on September 21st, 28th & October 5th, 2023. MNAXLP __________________________
Amended Notice of Public Hearing This amended notice is hereby given that the Polson City Commission will on Monday, the 2 nd day of October, 2023, at 6:30 p.m. in the Polson City Hall, 106 1 st Street East, Polson, Montana, hold a public hearing for the purpose of a requested zoning variance(s) to setback requirements. Specifically, the request is from the Polson Development Code’s requirements that a nonconforming building may only be expanded outside of setbacks. The request is associated a proposed 36-foot x 85-foot addition to an existing commercial building within the east and west setbacks to allow for an expanded virtual reality escape room and gaming experience. The request is made by Sam Acosta of Polson MT and owner of Valhalla VR Escape Room. The 50-foot x 140-foot subject property is currently developed with an existing commercial building, zoned General Commercial-Industrial Zoning District (CIZD), located at 11 7th Avenue W Polson, MT and legally described as Lot 6 in Block 1 of the Central Addition to the City of Polson. The Polson City Commission will take public testimony and review the proposed variance request. Following public testimony, the City Commission will vote to approve, conditionally approve, or deny the variance request. This public notice is made pursuant to 76-2-326 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. The application is available for review at City Hall. 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 18th day of September, 2023. Cora Pritt Polson City Clerk Polson, MT Published on September 21st, 2023. MNAXLP __________________________
Notice of Public Hearing Notice is hereby given that the Polson City-County Planning Board will on Tuesday, the 10th day of October, 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 18th day of August, 2023. Cora Pritt Polson City Clerk Polson, MT Published on September 21st, 2023. MNAXLP __________________________
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on January 11, 2024, at 02:00 PM 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: Lots 1 and 2 in Block 8 of Lakeshore 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 712 East 5th Avenue, Polson, MT 59860. Clinton Anderson aka Clinton R. Anderson aka Clinton Rae Anderson, as Grantor, conveyed said real property to Lawyers Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Mann Mortgage, LLC, beneficiary of the security instrument, successors and assigns, by Deed of Trust on October 16, 2017, and filed for record in the records of the County Clerk and Recorder in Lake County, State of Montana, on October 18, 2017 as Instrument No. 558694, and modified pursuant to the Modification filed for record on October 1, 2021 as Instrument No. 592548, and modified pursuant to the Modification filed for record on June 28, 2022 as Instrument No. 599068, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Freedom Mortgage Corporation Assignment Dated: March 4, 2022 Assignment Recorded: March 4, 2022 Assignment Recording Information: as Instrument No. 596514 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 August 1, 2023 as Instrument No. 606094, 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 $105,326.54, interest in the sum of $3,326.12, escrow advances of $3,295.55, other amounts due and payable in the amount of $684.42 for a total amount owing of $112,632.63, 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 16th day of August, 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. MT21647 Published on September 21st, 28th & October 5th, 2023. __________________________