Howington to Struck/Francis Evergreen Connection Permission/Bernard's Park Lots 4 & 5City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
November 15, 2011
Roberta Struck
Evergreen Water & Sewer District #1
130 Nicholson Drive
Kalispell, MT 59901
Dear Ms. Struck,
Please accept this letter as unconditional written consent from the City of Kalispell that John E.
Francis, owner of Lots 4 and 5, Block 1 of Bernard's Park, has met all of the City's requirements
and you may connect him to your system for transmission of his subdivision's waste water to the
City of Kalispell's waste water treatment facility pursuant to City Resolution 5103 and Resolution
5105.
The waste water from Lots 4 and 5 will be part of the City's 100,000 gallon capacity as
authorized in Resolution 5103. Since this effluent is part of the City's capacity and residents are
City customers, please provide the water usage for each resident and your transmission fee to the
City so that a complete bill can be sent to the resident and the District can be reimbursed for your
services.
Please feel free to contact me should you have further questions on this matter.
Sincerely,
`JJane Howington
City Manager
cc: Mr. John E. Francis
Public Works
Planning
Finance
PLANNING FOR THE FUTURE
MONTANA
MEMORANDUM
To: Jane Howington, City Manager
From: Tom Jentz, Director
Date: November 15, 2011
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeR.com/plannin2
Subject: Waiver of protest to annexation - John Francis - Evergreen Sewer
District
John E Francis owns two lots in Evergreen described as lots 4 and 5, Block 1 of
Bernard's Park. These two lots are wholly surrounded but outside of the
original Evergreen Sewer District RSID. As such Mr. Francis cannot receive
sewer services from the district. Per the City of Kalispell agreement with the
Evergreen Sewer District, these properties are within the boundaries of the
agreement and Mr. Francis has submitted the required waiver of protest to
annexation to the city (attached) which is ready to be recorded at the plat room.
I recommend that you accept the waiver of protest of annexation from Mr.
Francis, direct staff to record the waiver at the county plat room and contact
Mr. Francis and the Evergreen Sewer District accordingly to let them know of
the city's acceptance.
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
WAIVER OF PROTEST TO ANNEXATION
JOHN E. FRANCIS, hereinafter referred to as Petitioner respectfully petitions the City of
Kalispell for municipal services from the City of Kalispell, such specific service being sanitary
sewer treatment.
The Petitioner requesting City of Kalispell municipal services described herein is the fee owner
of that real property described as follows:
Lots 4 and S of Block I of Bernard's Park, according to the map or plat thereof
on file and of record in the office of Clerk and Recorder of Flathead County, MT.
EXCEPTING THEREFROM the southerly ISO feet of Lots 4 and 5 of said
Bernard's Park.
In consideration of receiving the above -described municipal services from the City of Kalispell,
the Petitioner hereby agrees to waive all rights of protest to annexation that the Petitioner 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 farther agrees that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon all heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
The Petitioner further acknowledges 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.
et' 'oner/Owner Date
STATE OF MONTANA )
):ss
County of Flathead )
On this H day of November, 2011, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared JOHN E. FRANCIS and acknowledged to me that he
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.
=Ruldin
NDERSON
IC for the
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Notary Public, State of Montana
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