Legals for January, 24 2024
Request for Proposals to Conduct Herbicide Applications on the Bed of Flathead Lake The project goal is to treat flowering rush on the bed of Flathead Lake in 2024 in a safe, effective, and timely manner. Treatments are for lands lying within the Flathead Indian Reservation. The Salish Kootenai College Extension Program (SKCE) is seeking a qualified commercial applicator(s) to perform herbicide applications on flowering rush during the Flathead Lake drawn down period. The application window is approximately March 15 through May 15, depending on climatic conditions and Flathead Lake filling rate. The work consists of treating approximately seventy-two sites along 62 miles of shoreline, ranging in size from .1 to 3 acres. For a Request for Proposals package contact Virgil Dupuis, SKCE Extension Director and SKC Project Manager. Questions may be directed to him at 406-275-4899, or email him at virgil_dupuis@skc.edu. Bids may be hand delivered to the SKC Business Office with the back of the envelope marked, “2024 Aquatic Herbicide Bid” on Feb 19 at 4:30 pm, or be post marked by Feb 16 , 2024. Salish Kootenai College Business Office c/o Audrey Plouffe PO Box 70 58138 HWY 93 Pablo, MT 59855 Published January 18th & 25th 2024 MNAXLP ________________________
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on May 2, 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: A portion of the NE ¼ SE ¼, Section 27, T. 21 N., R. 21 W., P.M.M., Lake County, Montana, and being more particularly described as follows: Commencing at the one-quarter corner common to Sections 26 and 27, T. 21 N., R. 21 W., P.M.M., thence South 89 degrees 44’ 54” W, 1321.39 feet; thence S 00 degrees 19’ 40” E, 150.00 feet to the point of beginning; thence S 00 degrees 19’ 40” E, 1174.37 feet; thence N 89 degrees 41’ 55” E, 1173.28 feet; thence N 32 degrees 33’ 42” W, 276.48 feet; thence N 04 degrees 26’ 12” W, 180.60 feet, thence N 32 degrees 31’ 39” W, 276.48 feet; thence N 04 degrees 26’ 12” W, 180.60 feet; thence N 32 degrees 31’ 39” W, 292.82 feet; thence N 43 degrees 14’ 21” W, 240.26 feet; thence N 76 degrees 49’ 54” W, 384.17 feet; thence N 55 degrees 16’ 07” W, 101.73 feet; thence N 39 degrees 39’ 42” W, 195.80 feet; thence N 71 degrees 56’ 03” W, 119.22 feet to the point of beginning, containing 20.65 acres, subject however to all easements, reservations and restrictions, apparent or of record. More commonly known as 43420 Owls Nest Lane, Ronan, MT 59864. Jennifer J. Broughton and Robert J. Broughton, as Grantors, conveyed said real property to Alliance Title & Escrow Corp, as Trustee, to secure an obligation owed to Wells Fargo Bank, N.A., by Deed of Trust on February 26, 2010, and filed for record in the records of the County Clerk and Recorder in Lake County, State of Montana, on March 4, 2010, as Instrument No. 505386, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: MCLP Asset Company, Inc. Assignment Dated: December 19, 2022 Assignment Recorded: December 19, 2022 Assignment Recording Information: as Instrument No. 602689 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 4, 2023, as Instrument No. 604693, 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, 2013, 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 $199,173.19, interest in the sum of $117,761.16, escrow advances of $38,418.28, other amounts due and payable in the amount of $6,319.75 for a total amount owing of $361,672.38, 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 21st day of December, 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. MT21140 Published January 18th, 25th & February 1st, 2024 MNAXLP __________________________
PUBLIC NOTICE The Lake County E911 Committee implemented an addressing system for Enhanced 911 Emergency Services in 2003. To assist navigation and location efforts, the E911 Committee has established that private lanes shared by three (3) or more residences shall have a unique name. The Board of Lake County Commissioner will hold a public hearing on Tuesday, February 6, 2024 at 10:00 am in the Commissioners Chambers of the Lake County Courthouse located at 106 4 th Avenue East, Room 211, Polson MT, for the purpose of taking public comment on the naming of a private road located off McCloud Road in Arlee and North Finley Point Road in Polson**A map of the area is available for review by request to the lakecommissioners@lakemt.gov. If you would like to comment but are unable to attend the public hearing, you may send comment to: Lake County Commissioners 106 4th Avenue East Polson, MT 59860 PUBLISHED JANUARY 25TH & FEBRUARY 1ST, 2024 MNAXLP __________________________
NOTICE OF PUBLIC HEARING LAKE COUNTY BOARD OF HEALTH The Lake County Board of Health hereby gives notice that Ashley Spilker, Richard D. Shea, and Cheryl A. Lamoureux, owners of Parcel A on Deed Exhibit H-1902 in Section 18, Township 26 North, Range 19 West P.M.M., are requesting a variance from requirements contained in the Administrative Rules of Montana Sub-Chapter 9, Subdivisions/On-Site Subsurface Wastewater Treatment Systems, which are adopted by reference in the Lake County Wastewater Treatment System Regulations. The property owners are requesting a variance to locate a replacement septic absorption system within the 100’ minimum setback to an individual well (approximately 90’ to the subject property’s onsite well). The Lake County Board of Health will meet and consider this variance on Tuesday, February 20, 2024, at 1:30 p.m. in the commissioners chambers of the Lake County Court House, Polson. All interested persons are invited to attend. Written testimony regarding this matter will be accepted until the time of the hearing. Comments may be mailed to, and additional information may be obtained from, Lake County Environmental Health, 106 4 th Avenue East, Polson, MT 59860, 406-883-7236, envhealth@lakemt.gov Published January 25th & February 1st, 2024 MNAXLP __________________________
School Beverage Contract Bid St. Ignatius School District #28 is opening our school beverage contract on January 22 and bids are due on May 3, 2024. This beverage contract bid will be for the next 7-10 years depending on distributors choice. Past distributors have included Coke and Pepsi, but anyone is welcome and encouraged to bid. St. Ignatius School District #28, St. Ignatius, MT 59865 Contact Jason Sargent for Bid Information 406-745-3811 ext. 4003. Published 01/25/2024 MNAXLP ________________________
ADVERTISEMENT FOR BIDS Project Identification: Rebid-Warehouse / Shop Building Project Location: 56243 US Hwy 93, Pablo, Montana Owner: Salish and Kootenai Housing Authority Architect: Irvine Design Studio LLC tirvine@idstudio-arch.com Project Description: Project consists of one building with a 4,000 square foot warehouse with administration and a 6,000 square foot shop area; site improvements with new paving and gravel areas, a recessed load dock for delivery vehicles, new fencing layout and vertical pivot gates. BID SUBMITTAL AND OPENING Owner will receive sealed lump sum bids until the bid time and date at the location given below. Owner will consider bids prepared in compliance with the Instructions to Bidders issued by Owner, and delivered as follows: Bid Date: Thursday, February 29, 2024 Bid Time: 3:00 p.m., local time. Location: 56243 US Hwy 93, Pablo, Montana, SKHA conference room, Pablo, Montana, 59855 Bids will be thereafter publicly opened and read aloud, recorded and accepted for consideration. Bids received after this time will not be accepted. Faxed bids are not allowed. MANDATORY PREBID CONFERENCE A Prebid conference for all bidders will be held at the Salish &Kootenai Housing Authority (SKHA), Pablo, Montana on Wednesday, February 14, 2024 at 9:00 a.m., local time. Prospective prime bidders are required to attend. BID SECURITY Bid security bond shall be submitted with each bid in the amount of (5) five percent of the bid amount. No bids may be withdrawn for a period of 60 days after opening of bids. The Bid security bond of the successful BIDDER will be retained until the PAYMENT BOND and the PERFORMANCE BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a Bid security bond. A PAYMENT BOND and PERFORMANCE BOND, each in the amount of (100) one hundred percent of the contract price (with a corporate surety approved by the OWNER) will be required to ensure faithful performance of the contract. DOCUMENTS Viewing Procurement and Contracting Documents: Available Monday, October 9, 2023, at the locations below: Exchanges of Montana: (Missoula, Kalispell, Billings, Great Falls, Bozeman, Butte, and Helena) Spokane Regional Plan Center, 209 N Havana St., Spokane, WA 99202 The Contractor / Subcontractor are responsible for their own procurement of copies, if necessary. The Owner will not reimburse any amount for copies used by bidder. TIME OF COMPLETION AND LIQUIDATED DAMAGES Successful bidder shall begin the Work on receipt of the Notice to Proceed and shall complete the Work within the Contract Time. Work is subject to liquidated damages. BIDDER’S QUALIFICATIONS Bidders must be properly registered with the Montana Department of Labor. WITHDRAWAL OF BIDS Once the closing time for the receipt of bids is reached, a bid may not be withdrawn for a period of thirty (30) calendar days. NOTICE This is an Indian Preference Bid. Tribal contractors who wish to receive Indian Preference must obtain certification by the Indian Preference Office as a legitimate Indian-owned business prior to the submission of bids. 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 that evidence of your ownership or affiliation with a Tribe does not constitute Indian Preference Certification. You must be certified by the Indian Preference Office in order to claim preference. The selection of the successful contractor and award of this project will be per the provisions of the Confederated Salish and Kootenai Tribes 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. This advertisement for bids does not commit the owner to award a contract, not to pay any costs incurred in the preparation of bids or to the procurement of supplies. Owner reserves the right to reject any and all bids and to waive informalities and irregularities. Owner reserves the right to re-advertise when it is in the best interest of the Owner. Award will be made to the lowest responsible BIDDER. Contract is subject to the Davis-Bacon Act and required applicable minimum wage rates. A conditional or qualified BID will not be accepted. Published January 25th & February 1st, 2024 MNAXLP ________________________
2024 ELECTION RESOLUTION BE IT RESOLVED, the Board of Trustees for the Valley View Elementary School District No. 35, shall call for the election of one (1) trustee from District 35 to serve for a three (3) year term. The voting shall be by mail ballot election, with the election date of May 7, 2024. If the number of candidates filing for a position or filing a declaration of intent to be a write-in candidate under MCA 13-10-211 is equal to the number of positions to be elected, the trustees may give notice that an election will not be held. (MCA 20-3-313) Published January 25th, 2024 and February 1st. 2024 MNAXLP __________________________
2024 ELECTION RESOLUTION BE IT RESOLVED, the Board of Trustees for the Upper West Shore Elementary School District No. 33, shall call for the election of one (1) trustee from District 33 to serve for a three (3) year term. The voting shall be by mail ballot election, with the election date of May 7, 2024. If the number of candidates filing for a position or filing a declaration of intent to be a write-in candidate under MCA 13-10-211 is equal to the number of positions to be elected, the trustees may give notice that an election will not be held. (MCA 20-3-313) Published January 25th, 2024 & February 1st, 2024 MNAXLP _______________________
LEGAL NOTICE On Wednesday, February 14, 2024 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: HOMER FAMILY TRUST CONDITIONAL USE AND VARIANCE REQUESTS Homer Family Trust is requesting a conditional use approval to allow impervious surface area covering between 30 and 49 percent of the buildable area of a lot. 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 an addition to an existing single-family residence. The +/-.69-acre subject property is located at 39381 Goose Bay Drive, Rollins, MT within the Upper West Shore Zoning District, sub-unit A – Upper Lakeside and is legally described as tract A of amended lots 10 & 11 of Linderman Estate Subdivision, located in section 9 of T25N, R20W. JONSSON CONDITIONAL USE AND VARIANCE REQUEST Nick Calles on behalf of Jonsson Family Trust, represented by Eric Jonsson, is requesting a conditional use approval to allow for disturbance of more than 500 square feet of slopes greater than 25% within 300 feet of Flathead Lake. They are also requesting a variance approval to allow for impervious surface coverage greater than 49%. These requests are associated with the construction of a single-family residence. The +/-3.33-acre subject property is located at 21757 Zelezny, Rollins, MT within the Upper West Shore Zoning District, sub-unit A – Upper Lakeside and is legally described as tract F on COS 3944, located in section 27 of T25N, R20W. WILHELM AFTER-THE-FACT CONDITIONAL USE REQUEST The Wilhelm Living Trust, represented by Connie Wilhelm, is requesting a conditional use approval to allow for a guest house over 1,000 square feet. The request is associated with a guest house which has already been constructed on the subject property. The +/-10.00-acre subject property is located at 39722 Timber Lake Road, Lakeside, MT within the Upper West Shore Zoning District, sub-unit C – Upper Highway Side and is legally described as tract 1 on COS 6102, located in section 05 of T25N, R20W. Information regarding the agenda items is available from the Lake County Planning Dept. Written comments received by February 5, 2024 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 February 5 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 to 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 January 25th, 2024 MNAXLP _______________________
2024 ELECTION RESOLUTION BE IT RESOLVED, the Board of Trustees for the Swan Lake-Salmon Elementary School District No. 73, shall call for the election of one (1) trustee from District 73 to serve for a three (3) year term. The voting shall be by mail ballot election, with the election date of May 7, 2024. If the number of candidates filing for a position or filing a declaration of intent to be a write-in candidate under MCA13-10-211 is equal to the number of positions to be elected, the trustees may give notice that an election will not be held. (MCA 20-3-313) Published January 25th & February 1st, 2024 MNAXLP ___________________
PUBLIC NOTICE This is to notify all interested parties that Lake County Council on Aging (LCCOA) is applying for Montana Department of Transportation’s 5311 operating grant in the amount of $62,537 for the grant period of FY25 (July 1, 2024 to June 30, 2025). LCCOA is also applying for the TransADE matching fund grant in the amount of $39,131. Funding will be used for operating expenses associated with providing transportation services to the general public, elderly, and persons with disabilities within Lake County, Montana and to Kalispell and Missoula, Montana. This application is on file at 528 Main Street SW, Ronan, MT, 59864. If requested, a public notice will be held and public notice, indicating the location, date and time of the hearing will be provided. The Montana Department of Transportation attempts to provide accommodations for any known disability that may interfere with a person participating in any service, program or activity of the Department. Alternative accessible formats of this information will be provided upon request. For further information, call (406)444-3423 or TTY (800)335-7592 or call Montana Relay at 711. Published January 25th & February 1st, 2024 MNAXLP ___________________
PUBLIC NOTICE As required under MCA 7-3-173(2), “the governing body shall call for an election, to be held on the primary election date, on the question of conducting a local government review and establishing a study commission….” The Board of Lake County Commissioners will hold a resolution on the draft resolution listed below, on February 21, 2024 at 11:00 am in the Commissioners Chambers located at 106 4th Avenue East, Polson, MT 59860. If you would like to submit comments on the proposed resolution, but are unable to attend in person, please mail your comments to the address above, or by email to lakecommissioners@lakemt.gov Resolution 24-05 Whereas, Article XI, Section 3(1) of the Montana Constitution of 1972 provides that “the legislature shall provide such optional or alternative forms of government that each unit of combination of units may adopt, amend, or abandon an optional or alternative form by a majority of those voting on the question,” and, Whereas, Title 7, Chapter 3, Part 1 sets forth the procedure to execute this term of the Montana Constitution, and, Whereas, Section 7-3-173, MCA, sets forth that an election on the question of conducting a local government review and establishing a study commission must be held every ten years, and, Whereas, that the last such local government review occurred in 2014, and therefore the question must be posed the electorate, in conformance with law, and, Whereas, the Board of County Commissioners is the governing body of Lake County, and desires that the question of local government review, and if answered in the affirmative, its concomitant question of establishing the necessary study commission, should be presented to Lake County voters on the 2024 primary ballot, and, Whereas, if passed by the voters, Lake County shall allow (or impose, as the case may be) $10,000 dollars or mill amount as budget for the study commission, and, Whereas, if passed by the voters, Lake County establish such local government study commission, consisting of (odd number not less than three 7-3-177) nonpartisan study commissioners, who must be duly elected pursuant to law in the 2024 general election. NOW, THEREFORE, BE IT RESOLVED: That the question of conducting a local government review and establishing a study commission shall appear on the 2024 Lake County primary ballots, which shall appear thereon in substantially the following form: “Vote for one: FOR the review of the government of Lake County, Montana, the establishment and funding, not to exceed $10,000.00, of a local government study commission consisting of up to a maximum of 5 members to examine the government of Lake County, Montana, and submit recommendations on the government. AGAINST the review of the government of Lake County, Montana, and the establishment and funding, not to exceed $10,000.00 of a local government study commission consisting of up to a maximum of 5 members to examine the government of Lake County, Montana, and submit recommendations on the government.” And it is further resolved that if the foregoing question is answered in the affirmative by the voters, then and in that event the Board of County Commissioners shall establish the local government review commission and provide it a budget as hereinabove set forth. Acknowledged by the BOARD OF LAKE COUNTY COMMISSIONERS Gale Decker, Chairman Steve Stanley, Member William D. Barron, Member Attest: Kendra Steele, Clerk & Recorder Published January 25th, February 1st and February 8th 2024 MNAXLP __________________________