Waiver to Protest Formation of Special Improvement DistrictPlease return to:
Kalispell City Clerk
312 First Avenue East
Kalispell MT 59901
v
WAIVER TO PROTEST THE
FORMATION AND PARTICIPATION IN
A SPECIAL: IMPROVEMENT DISTRICT
The undersigned hereinafter referred to as Party (s) of Interest has requested and received
the consideration and approval of the City of Kalispell for a Planned Unit Development within
Q— the City, on that real property platted as The Meadows, Kalispell, Flathead County, Montana and
legally described in Exhibit "A" attached hereto and incorporated fully herein by this reference.
C� The City of Kalispell approved the above -described Planned Unit Development of the
® Party(s) of Interest upon the condition that said Party(s) of Interest shall waive their right to
protest a future special improvement district for the future improvements to Four Mile Drive
0 serving the property. For these purposes, improvements shall include the street cross-section,
including curbs, gutter, sidewalks and boulevard that are included within the Kalispell City
Design and Construction Standards.
The Party(s) of Interest, in consideration for the City's approval of the above -described
planned unit development hereby waive all any and all right to protest the formation by the City
of Kalispell of a special improvement district pursuant to Title 7 Chapter 12 of Montana Code
Annotated which the Party(s) of Interest may have or hereafter acquire, and waive any and all
right to protest any attempt or proceedings made by or on behalf of the City of Kalispell to form
such special improvement district.
The Party(s) of Interest further agree that this Waiver to Protest to the formation of a
Special Improvement District is a covenant which shall run to, with, and be binding upon the title
of the said real property, and shall be binding upon any heirs, assigns, successors in interest,
purchasers, and any and all subsequent holders or w r , the above described real property.
Petiti
Petiti
SID/WAIVER OF PROTEST
The Meadows Page 1 of 3
STATE OF MONTANA
: ss
County of Flathead
2007092 o8o (C
On this ® day of , 2007, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared Thomas S. Klein and Jon R. Halland, known to me to be
the persons whose names are subscribed to the foregoing instrument and each acknowledged to
me that he executed the same in his capacity as managing member of The Meadows, LLC, owner
of the above -described property.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Mont naThr-re so, ��
Residing at —� ~
(�OTq My Commission expi es:
M, 0 N-V P��•
SID/WAIVER OF PROTEST
The Meadows Page 2 of 3
EXHIBIT "A"
A tract of land, situated, lying, and being in Government Lot 2 of Section 1, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the NW corner of said Government Lot 2 of Section 1; thence
South 00°53' West, and along the Westerly boundary line of said Lot 2, a distance of 30.00 feet to
a point on the Southerly boundary line of a county road and the True Point of Beginning of the
tract of land being described; thence
East and along the Southerly boundary line of said county road, a distance of 995.20 feet to a
point; thence
South 0193' West, a distance of6'46.40 feet to a point; thence
North 89°49'30" West, a distance of 991.40 feet to a point on the Westerly boundary line of said
Lot 2; thence
North 00°53' East, and along the Westerly boundary line of said Lot 2, a distance of 643.30 feet
to the Point of Beginning.
SID/WAIVER OF PROTEST
The Meadows Page 3 of 3