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Waiver of Protest to Annexation0 <J 1 Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 200700026808 Fees: $21.00 by: SS WAIVER OF PROTEST by ATEC Date 8/31/2007 Time 3:52 PM Page: 1 of 3 Paula Robinson, Flathead County Montana WAIVER OF PROTEST TO ANNEXATION The undersigned hereinafter referred to as Petitioner(s) respectfully petitions the City of Kalispell for municipal services from the City of Kalispell. Such specific service(s) shall be determined at the time of annexation. The Petitioner(s) requesting City of Kalispell municipal services described herein is the fee owner of that real property described in Exhibit A attached hereto and fully incorporated herein by this reference. In consideration of receiving the above -described municipal services from the City of Kalispell, the Petitioner(s) hereby agree to waive all rights of protest to annexation that the Petitioner(s) may have now, under Title 7, Chapter 2 MCA, or under any future federal, state or local law. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. The Petitioner(s) further acknowledge(s) that in the event the subject property is annexed into the City of Kalispell, the subject property shall be entitled to receive certain municipal services from the City and pursuant to MCA 7-6-1601 to 7-6-1604 the City shall have the right to charge impact fees for this new demand upon the City services. MCA 7-2-473(6) prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. E x Petitioner/Owner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. C)n STATE OF I 11�__ ) ih1 UGAJV C'n ):ss County o ) On this a 9�" day of usf , 2001 before me, the undersigned, a Notary Public for the State of Yrana, personally appeared��1br�� and acknowledged to me that he/she ecuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. otm-ow, _ - Notary Public, State of U .tD,--e. - ,n / OFFit., AL SEAL j r Residing at 6 NOTARY PUBLIC-oR G6oN My Commission Expires � COMMISSION O.396632 MY COMMISSION EXPR:S OCT. 11, 2099 Document Number: 200700026808 Page: 2 Order No.: 2060707439 LEGAL DESCRIPTION EXHIBIT `A' Lot 49 of Trumbull Creek Crossing, Phase 1, according to the official plat thereof, filed in Official Records of Flathead County, Montana. Document Number: 200700026808 Page: 3