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Petition to Annex/Phase IXI PETITION NO. 1999-IL37/q2 lo BEFORE THE CITY COUNCIL OF THE 4-- CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispell requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from theme Rural Fire District. The petitioner(s) requesting City of Kalispell annexation of the property described herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all -ity of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner(s) hereby z - - - state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this 2.4day of Auo, us+-, 1998 i LEGAL DESCRIPTION OF PROPERTY PROPERTY ADDRESS: V1 6yeW:5 OWNER rV, C, PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE 1999137 zrc� 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 Lf +f l day of Q1 ,1992,, by and between ( lt°pr V j ICt a hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR CONTRACT SELLER(S) ] and the CITY OF KALISPELL, 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 PARTY(S) OF INTEREST, 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, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the EVE. Y-e e _y) Fire District under the provisions of Section 7-33-2127, Montana Code notated; 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 PART(S) OF INTEREST 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. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hai4. lalld". affixed our seals this 2 445 day of a , 1992. rb P�; CITY OF KALISPELL City M ager ATTEST: r C1crk of C,vr��r eMAti� � STATE OF MONTANA : ss 1999137 f gZ10 County of Flathead On this day of 199 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she 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. STATE OF MONTANA : ss County of Flathead Notary Public, State of Montana Residing at My Commission expires On this day of ,�(�l1LL� �' 199 $ , before me, the undersigned, a Notary Public for the State of Montana personally appeared L . S -AN (,d zee and the B, S jckrfi V • and A. � -n S P�t°�' tt.�' , respectively, of 1 � (!-, the corporation that executed the foregoing instrument, and the ersons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day a c year in this certificate first above written. Jr 1 x R Y { �► P U w'qG. Notary Public, State of Montana r Residing at fa . fir'••., „ , �.� My Commission expires to /'OLI/ b STATE OF MONTANA ss County of Flathead } On this %4i day of , 199,P, before me, a Notary Public in and for the State of Montana, personall appeared GLEN NEIER and -"Hce c--&4 �') 4 rT t� , known to me to be the Interim City Manager and Cl&-� o�- �twnc, I of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed 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. G '••h�� Notary Public, State of Montana Residing at r; My Commission expires ��9fa00� 4 Ri � SS County of Flathead Recorded at the request of this j-7— day of �ti9 at o'clock'r/) M and recorded in 4 19