MOU/City and Meadows Edge/Transfer of Water Rights & UsageMEMORANDUM OF UNDERSTANDING
between
THE CITY OF KALISPELL, MONTANA
and
MEADOWS EDGE, LLC
FOR THE TRANSFER OF WATER RIGHTS AND WATER USAGE
This agreement ("MOU") is made and entered into by and between the City of Kalispell,
a municipal corporation incorporated and organized under the laws of the State of Montana,
("City") with its business office at 201 1" Ave E, Kalispell, MT 59901 and Meadows Edge, LLC
("Meadows Edge") a limited liability company organized under the laws of the State of Montana
with its business office at P.O. Box 2190, Woodland, WA 98674-0021 for the purposes set forth
below.
RECITALS
1. Upon the petition of Meadows Edge, the City annexed property owned by Meadows
Edge into the City by Resolution No. 5873 and particularly described as follows:
Tract 3 of COS 18892 in the East Half of Section 3 and Parcel A of COS 15268
in the Southwest Quarter of Section 2, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana.
2. Thereafter the City adopted a zoning designation for the property as a Planned Unit
Development by Ordinance No. 1810 and approved the preliminary plat for the
property by Resolution No. 5874.
3. The City serves as the owner and operator/manager of a municipal water system known
as the Kalispell Water Utility System, which provides potable water services to the City
of Kalispell including the subdivision of Meadows Edge.
4. The City water service regulations require all properties annexing into the City and
receiving water service from the City water utility to transfer all water rights benefitting
the property being served to the City.
5. Meadows Edge seeks to develop the annexed property in phases and to utilize its water
rights in such a fashion as to allow for the irrigation of the yet to be developed
agricultural land from the surface water right it holds under the Statement of Claim
76LJ148685.
6. The City regulations do not allow the use of surface waters for purposes of potable
water or irrigation of property that has been developed for residential use.
Water Rights MOU — City of Kalispell/Meadows Edge, LLC - Page 1
NOW, THEREFORE the City and Meadows Edge agree as follows:
1. The foregoing recitals are true and correct and by this reference are incorporated into
the terms of this MOU.
2. Meadows Edge shall transfer all water rights it holds on the property (Statements of
Claim 76LJ148685, 148695, 148679, and Provisional Permit 76LJ2318) to the City
prior to final plat of Phase I of the subdivision.
3. The City shall allow continued use of the water right described in Statement of Claim
76LJ148679 for the sole purpose of irrigation of unimproved portions of the
development which have not received final plat approval for a maximum period of 10
years or at the time of approval of the final plat of the last phase of the development,
whichever occurs first.
4. As the common areas, parks and boulevard areas are developed in each phase of the
subdivision and prior to the final plat of each phase, all irrigation shall be conducted to
utilize only the City potable water services, which have been setup, established and
metered for such purposes, meeting the requirements of the regulations for water
service as well as the Design and Construction Standards.
IN WITNESS WHEREOF the parties have subscribed their names on the dates hereinafter written.
n
'5/-/ 9
Date
Date
FOR ME OWS E GE, LLC
Wade Rademacher, Project Mana
FOR THE CITY OF KALISPELL
Doug Russe
City Manager
Water Rights MOU — City of KalispeWMeadows Edge, LLC - Page 2
STATE OF MONTANA )
) ss.
County of Flathead )
On this ( day of MCL, 2019, before me, a Notary Public for the State of
Montana, personally appeared W proved to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
AIMEE BRUNCKHORST
eAUHcrh
pvgi °9�,
NOTARY PUBLIC for the
*;
. SEAL j�
�rFaF
State of Montana
t Lakeside, Montane
Expires
µoP:
mission
December 40 2020
STATE OF MONTANA )
) ss.
County of Flathead )
NOTARY PUBLIC for the State of Montana
Printed Name:
Residing at:
My Commission expires:
On this ( day of VA 2019, before me, a Notary Public for the State of
Montana, personally appeared � Qu`66k , proved to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
JUDI A. FUNK
NOTARY PUBLIC foi
State of Montana
Residing at Kalispell, Mi
My Commission Expi
'ARY PUBLIC for the State of Montana
expires:
Water Rights MOU — City of Kalispell/Meadows Edge, LLC - Page 3