Consent to AnnexJohn "Ed" Kennedy, Jr.
Mayor
IN MIUMARINE-111
CITY OF e
X,,z xol r, w
RA
Drawer 1997
Kalispell, Montana
59903-1997
TO: David Greer, ahead Regional Development Office
FROM: Glen Nei
RE: Riv r ew Greens (Phase #l)
Buf alo Chip Partnership
I am in receipt of Declarations of Covenants, Conditions and Restrictions
of River View Greens, Phase I and a Consent to Annex and Notice of
Withdrawal from Rural Fire District submitted by Buffalo Chip Partnership
on the 12th day of August, 1988.
In reviewing the documents I find that they indicate that Buffalo
Chip Partnership has met the conditions imposed by the Preliminary
Plat Approval (Condition #7), made by the Flathead Board of County
Commissioners in the letter of January 27, 1988.
Dated this 1,;2. 4" day of August, 1988.
GN/sh
11 /(rrnlion YG /J
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this /2` day of -ALA,; A
19 by and between f3,.�hQ, Chp
hereinafter OWNER(S), and the CITY OF KAL.ISPELL, Flathead County, Montana,
hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other good and
valuable consideration to us in hand paid, and certain promises, mutual terms,
covenants, provisions, conditions and agreements, the receipt and sufficiency of
which is hereby acknowledged, the OWNER(S), do(es) hereby consent to, and
hereby do waive any and all right to protest, which we may have or hereafter
acquire in regard thereto, any attempt or proceedings made or to be made by or
with the consent of the City of Kalispell, Montana, to annex to and make a part of
said City of Kalispell, and incorporate within its boundaries property situated in
the County of Flathead, State of Montana, more particularly described on Exhibit
"A" attached hereto and which, by this reference, is made a part hereof.
The OWNER(S) further agree(s) that should said real property be annexed to
the City of Kalispell that the OWNER(S) will upon demand pay to said City of
Kalispell all reasonable and necessary costs of said annexation, such survey, plat
preparation, publication costs, etc.
The OWNER(S) further agree(s) that, should said real property be annexed to
the City of Kalispell, and a Special Improvement District including said premises be
proposed for installation of water, sewer and street paving or any combination
thereof, in such district, we do waive our right to protest formation of such
district and approving such improvements and the sale of bonds to finance same.
The OWNER(S) do(es) further herein express an intent to have the property as
herein described withdrawn from the Zoercreetj Rural Fire District under the
provisions of Section 7-33-2127., Montana Code Annotated; and that incorporated
into this Consent to Annex Agreement is the Notice requirement pursuant to said
Section; and that upon proper adoption of an ordinance or resolution of annexation
by the City Council of the City of Kalispell, the property shall be detracted from
said district.
The OWNER(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 real property.
The CITY does herey agree to allow the OWNER(S) to hook onto the City of
Kalispell water and sewer systems, at the usual and approved rates, for services
of said premises. All costs of such hook -on shall be paid in advance by OWNER(S).
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and
affixed our seals this 12 T- day of Q,19.AA::t 19$g
BUFFALO CHIP P TNBRSHIP, OWNE S)
STATE OF MONTANA )
. ss.
County of Flathead )
On this Iday of C14.4,,,J� , 1988, before me, the
undersigned, a Notary Public the State of Montana, personally
appeared
dames .]. 1ti0mpso00 KeeuWe4k Uacheche_K
known to me to be the persons whose names are subscribed to the fore-
going instrument, and acknowledged to me that they executed 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.
Notary u lic, S ate o Montana
Resid'ng at My C mission e ires.'7'�`�`/??
CITY OF KALISPELL
L6--:�fVz
ayor
ATTEST:
(5"?,���- ----
City Clerk -Treasurer
STATE OF MONTANA )
) ss.
County of Flathead )
On this-/2+day of , -t 1988, before. me, a Notary Public in
and for the State; of Mont ana,personally appeared John "Ed" Kennedy, Jr. and
Don Halver, known to me to be the Mayor and City Clerk of the City of Kalispell,
a municipality, that executed the within instrument and acknowlc-:dged that such
Mayor and City Clerk respectively subscribed, sealed and delivered said instru-
ment as the free and voluntary act of said municipality, for the uses and purposes
therein setforth, and that they were duly authorized to execute the same on
behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal, the day and year first above written.
osi P lic f the Sj�at f, julontana
Residing at /
My Com ission pires:a/�j�,