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01. Resolution 4591 - Buffalo Stage Phase V Annexation• #i' Flathead Regional 11ment Office Room 414 Kalispell,"0 Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Annexation and Initial Zoning of RA-1 for Buffalo Stage Phase V November 6, 2000 BACKGROUND: The applicants are requesting annexation into the city of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, upon annexation. The property located on the west side of Whitefish Stage Road and south of Granrud Lane. This is the last phase of the Buffalo Stage Development and contains 36 lots on approximately 11.61. The staff recommended to the planning board that the board forward a recommendation to the city council for City RA-1 zoning upon annexation based upon surrounding zoning and the high density residential land use designation of the master plan. The annexation and assignment of appropriate zoning went before the Kalispell City - County Planning Board for public hearing at their October 10, 2000 regular meeting. No one spoke. The planning board is forwarding a recommendation of RA-1, Low Density Residential Apartment, zoning for the property upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance assigning an RA-1, Low Density Residential Apartment, zoning designation to this property upon annexation would be appropriate. FISCAL EFFECTS: Minor positive effects once fully developed. ALTERNATIVES: As suggested by the city council. Narda A. ilson Chris A. Kukulski Senior Planner City Manager Report compiled: October 19, 2000 Attachments: Transmittal letter from KPB 10/ 18/00 Petition to annex and Exhibit A FRDO report KA-00-10 Draft planning board minutes 10/ 10/00 c w/ Att: Theresa White, Kalispell City Clerk H: \FRDO \TRANSMIT\ KALISPEL\2000 \ KAOO I OME.DOC Providing Community Planning Assistance To: ® Flathead County- • City of Columbia Falls • City of Kalispell . City of Whitefish • • • RESOLUTION • PROVIDE FOR THE ALTERATION OF BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDINGANNEXATION PROPERTY,REAL •.. PARTICULARLY -EXHIBIT TO BE KNOWN AS BUFFALO STAGE PHASE V ADDITION NO. 300; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Buffalo Chip Partners, the owner of property located west of Whitefish Stage Road south of Granrud Lane and described in Exhibit A, attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Buffalo Chip Partner's Annexation Request, #KA- 00-10, dated October 2, 2000, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described in Exhibit A. be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Buffalo Stage Phase V Addition No. 300. SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its buffalo stage V.wpd - 1 - citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED —BY TAE MAYOR OF THE CITY OF KALISPELL, THIS 6TH DAY OF NOVEMBER, 2000. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk buffalo stage V.wpd Flathead Regional Development Office M 5th Avenue Fast - Room 414 Kifisp4 Montana 59901 Chris KukulsId, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Me MI, EXI "MIIIIIIIIIIIIIIII 111" 111 111 111 Dear Chris: Phone: (406) 758-5980 Fax: (406) 758-5781 The Kalispel City -County Planning Board met on October 10, 2000, and held a pubho hearing to consider a request by Buffalo Chip Partners for an RA- 1, Low Density Residential, zoning upon annexation on property located on the west side of Whitefish Stage Road south of Gran-rud Lane. Narda Wilson presented staff report KA-00-10 and recommended that the board forward a recommendation for RA-1 zoning upon annexation based upon surrounding zoning and compliance with the urban residential designation of the master plan. At the public hearing the board discussed the report criteria and a motion was made to adopt staff report KA-00-10 and recommend to the Kalispell City Council that the property be zoned RA-1 upon annexation. On a roll call vote the motion passed unanimously. Exhibit A describes the annexation boundaries. Please schedule this matter for the November 6, 2000 regular city council meeting. You may contact this board or Narda Wilson if you have any questions regarding this matter. Sincerely W��M ean JJ/NW/dw Attachments: Petition to annex and Exhibit A FRDO report KA-00- 10 Draft planning board minutes 10 / 10 / 00 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish 11 , V* _V Of - - 1 should be B-1, Neighborhood Buffer District, upon annexation. BOARD DISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. BUFFALO STAGE PHASE A request by Buffalo Chip Partners for annexation of Buffalo V ANWEXATION AND Stage Phase V and an initial zoning designation of RA-1 on INITIAL G property comprising approximately 12 acres, located on the west side of Whitefish Stage Road south of Granrud Lane. STAFF REPORT Narda Wilson, representing the Flathead Regional Development Office, gave a presentation on staff report KA-00-10 and recommended that the property be zoned RA-1, Low Density Residential Apartment, upon annexation into the City of Kalispell. Wilson stated the proposed RA-1 zoning complied with other zoning in the area and with the master plan and wouldn't change the single family development pattern of the subdivision. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS No one wished to speak. OPPONENTSNo one wished to speak and the public hearing was closed. MOTION Garberg moved and Dann seconded to adopt staff report #KA- 00-10 as findings of fact and forward a recommendation to the Kalispell City Council with initial zoning of Buffalo Stage Phase V be RA-1, Low Density Residential Apartment, upon annexation. BOARDDISCUSSION There was no discussion. ROLL CALL On a roll call vote the motion passed unanimously. CARVER ANNEXATION A request by Dennis Carver for annexation and an initial D INITIAL ZONING zoning designation of I-1 on approximately one acre on the north side of Kelly Road and east of Highway 93 South. STAFF REPORT Narda Wilson, representing the Flathead Regional Development Office, gave a presentation on staff report KA-00-8 and recommended that the property be zoned City 1-1, Light Industrial, upon annexation into the City of Kalispell. Wilson stated it was consistent with the area. The applicant intends to build a shop and office and needs City utilities. Heinecke asked and Wilson answered that when you do an annexation by petition it didn't need to be contiguous to the city. Kalispell City -County Planning Board October 10, 2000 Meeting Minutes Page 7 of 9 BUFFALO STAGE PHASE V FLATHEAD REGIONAL DEVELOPMENT REPORTSTAFF 0r OCTOBER0 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding the annexation and initial zoning of Buffalo Stage Phase V. A public hearing has been scheduled before the Kalispell City -County Planning Board for October 10, 2000 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The Buffalo Stage Phase V properties will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Buffalo Stage Phase V is a 36 lot residential subdivision containing approximately 11.61 acres which was granted final plat approval by the County Commissioners on September 27, 2000. Minor improvements related to sidewalks installation and landscaping have not been completed but are currently under construction. A subdivision improvements agreement has been filed with the Board of County Commissioners for the remaining improvements. A. Petitioner andOwners: Buffalo Chip Partners 157 N. Meridian, # 112 Kalispell, MT 59901 (406)257-5533 B. Location and Legal Description ofProperty- The properties proposed for annexation are located on the west side of Whitefish Stage Road south of Granrud Lane. The property can be described as Buffalo Stage Phase V located in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. B. Existing zoning: Currently this property is located in the County zoning jurisdiction and is zoned RA-1, a Residential Apartment zoning district. The minimum lot size requirement for this district is 7,500 square feet and 1,500 square feet additional for each dwelling unit in excess of two. All public services and facilities would be available in areas within this zoning designation. C. Proposed Zoning: An RA-1, Low Density Residential Apartment, City zoning designation is proposed for the residential lots within the subdivision. The proposed zoning will comply with other zoning in the area assigned to previous phases of the Buffalo Stage development although the housing anticipated to be developed would generally be single family. D. Size: There are approximately 11.61 acres within the Buffalo Stage Phase V subdivision proposed for annexation which includes the lots and roads. 1 F. 'sting Land Use: All of the improvements necessary for the subdivision have be installed, but the lots within the subdivision are currently undeveloped. G. Adjacent Land Uses and Zoning: North: Generally undeveloped, County R-5 zoning South: Buffalo Stage Phase IV and Edgerton School, City RA-1 zoning East:: Buffer area / park, County R-2 zoning West: Buffalo Stage Phase II, City RA-1 zoning H. General Land Use Character: The general land use character of the area is residential with few exceptions. The school operates as a non-residential use as well as a church in the area and limited offices. I. Availability of Public Services: City sewer has been extended throughout the subdivision and service is available to each lot. Roads, schools, police and fire protection are in place to serve the area. Evergreen Water and Sewer District provides water to the area. All of the public facilities and utilities have been extended in accordance with the City of Kalispell Extension of Services Plan and the Kalispell Design and Construction Standards. The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 2 3. M This property is indicated on the Kalispell City County Master Plan Map as high density residential. The proposed RA-1 zoning complies with that master plan map designation, as well as the goals and policies of the document. Rezoning this property will result in no change in the amount of traffic which might be generated in the area. No impact on traffic congestion will result with this zoning designation. Will the requi-,sted zone secure safet Y from Ere , panic, and other dqnger,-:0 There would be no obvious increase in risk related to this zone designation request. Access for fire and other emergency services is adequate. IAMI the ri:-riii,-c2fiPtq 7nria nrr%rnntP the IIPaltll anti M-nPr541 IMPH-qrP? This annexation will promote the general health and welfare of the community by providing orderly growth within the city, will contribute to the City's tax base and I encourages growth within an established urban area where full public services and facilities are available. ma gnownewirm All of the properties will be required to comply with the development standards of the RA-1 zoning district which dictate minimum lot size requirements, setbacks, building height and density which assures that there will be adequate light and air. The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. No significant increase in the population in the area will result under the proposed zoning. This area has been intended to provide for urban residential development and is in an area where public services and facilities are available to the residences in the area. This zone change will not create an undue concentration of people in the area. Full public services, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. The proposed zoning is consistent with the zoning in the surrounding area and the uses in the area. The proposed zoning is consistent with the master plan map designation and anticipated development. The requested zone gives appropriate consideration for the suitability of this area for the uses allowed under the RA-1 zone. The general character of the area is residential. Most of the uses currently in the area will continue to be developed residentially. The requested zone gives reasonable consideration to the character of the area. Value of the buildings in the area will be conserved because they are consistent with the uses allowed under the zoning and compatible with other uses in the immediate area. 3 The most appropriate use of land throughout the jurisdiction appears to be residential which is reflected in the current and proposed zoning. The proposed zoning will encourage the most appropriate use of land throughout the jurisdiction. tZ*1AX*14N'J'M It is recommended that the Kalispell City -County Planning Board adopt staff report KA- 00-10 as findings of fact and forward a recommendation to Kalispell City Council that the initial zoning for Buffalo Stage Phase V should be RA-1, Low Density Residential Apartment, upon annexation. H: \ ... \REPORTSAKA too \KAOO- 10 0 Flathead Regional Development Office 723 Sth Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 .A - PETITION FOR ZONIN AME J%DMMNT CITY OF ISPELL 4 1. NAME OF APPLICANT: is YT 4uuu 2. MAIL ADDRESS: Ilk 3. CITY/STATE/ZIP: PHONE: 4. INTEREST IN PROPERTY: D 0 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: 'jil WIN" A. What is the proposed zoning text amendment? IF THE REQUEST PERTAINS TO AN AMENDMENT TOT ZONING MAP, PLEASE COMPLETE THE FOLLOWING: A. Address of the property: B. Legal Description: (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: V D.The proposed zoning of the above property is: A4 - 0 E. State the changed or changing conditions that make the pr pose amendment necessary: 1 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OR A. Promoting the Master • B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population N Facilitating the adequate provision of transportation,, water, sewage, schools, parks and other public facilities H. Giving reasonable consideration to the character of the district 2 I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and' serving the value of buildings K. Encouraging the most appropriate use of �I<by assuring orderly growth The signinjg of this application signifies approval for F.R.D.O. staff to be present on the grope or routin�o:gj�g and inspection during approval process. (�7p ®�' (ApiXiciant) (D(ate) 3 A. W. N Pre -Application Meeting: A discussion with the Planning Director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. Completed application form. Application fee per schedule, made payable to the Flathead Regional Development Zone ChanE Base Fee Schedule Fo't"first 80 acres of area of the request add For next 81 + Amendment to Zoning ,rO / acre $5/acre PUD Zoning Review: Residential $400.00 + $10/acre Commercial $600.00 + $10/acre Mixed Use $650.00 + $10/acre D. The application must be accepted as m ete by the FRDO staff thirty (30) days prior to the date of the planning board mee i g at which it will be heard in order that requirements of state statutes and the zon' g regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: 1. Petition for zone change signed by at least 50% of the operty owners in I the area for which the change in zoning classification is so ht. 2. A map showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assess:or's S-T-R Lot/Tract Property Owner ,No. No. and Mail Address 4. A title report of the subject property. As approved by the CAB on 4,15/00 Effective 6/ 1 /00 a, PETITION NO. BEFORE THE CITY COUNCIL OF THE 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 the 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 City 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 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 day of )2000. LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED: PROPERTY ADDRESS: OWNER OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE No. 3061 NOTICE OF PUBLIC KALISPELL CITY - COUNTY PLANNING BOARD AND ' ZONING COMMISSION .- Glacier Village drsahs' Annexation and Initial Zon-', Ing Maddian Road Care Center in RA- e(Annexation and Road DiVita'innek'ation- and Woodland Park Drive Buffalo Stage Phase V Annexation and Initial Zon- of RA-1 regdr,�r,Qefingi of the Kalispell Cfty-County Planning Board and Zon- PM in the Kalispell City council Chambers, Kafis- Avenue East, Kalispell. During --the -regularly., scheduled meeting of ft planning board, the board will hold public hearings and take public cornments �)n the follo�ying agenda items. The boa d will to the Kalispell C4 Coun- cil who will take final aic- 1. A proposal by the City of KaRpell for the an- nexabon of Glacier Village Greens and adjoin4%g =rty to the west City Council has passed a resoiutlon of in- tent to annex platted sub - &visions within the Glacier Village Greens develop- menit and property to the west As part of the an- nexabon process, a public hearkV is held before ft planining board regarding the appropriate City zoning assignment for ft proper- ties proposed for annexa- tion and they will make a recommendation to the Kalispell City Council. The properties proposed for annexation can be gener- ally described as Asses - soft Tract 5 and Phases I through X, Including the arnarxied subdivision plats and cornmon areas within the platted subdivisions, but excluding Phase VII, the clubhouse and golf course. These properties are located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead Cour Montana. 21 request by Dana a Residential I Professio- nal Office zoning district. The prope.��proposed for rezorov is led on the west side of North Meridi- an Road approximate ly 600 feet south of Three Mills Drive. The applicants would like to convert the exis� residence into of- fl" space. -The property is located at 1070 North Meridian Road and con- tains; approximately .33 of an acre (15,000 square fW). It can be described as Lot 4, Block 1, Adams Addition located in Section 12, Township 28 North, Flathead County, Monta- I A request by Wayne and Suzanne Elliott for a conditional use permit to allow the operation of a day care center in an RA- 3, Hk;h Density Residen- tial A�artment, zoning cfis- trict. The day care center maximum ofo8children. The property proposed for lo- cated~'" he west side of Airport Road approximate- h1Vofweuavumu,1mx ��raat West and the ad- dress is 1818 Airport described as Lot 1, Purdy Addition located in Section 19, Township 28 North, Fla#*ad County, Montana 4. A request by Dennis Carver for annexation into Road, Kalispell. It can be 1 the City of Kalispell and an Initial zoning designation of 1-1, Light Industrial, on txlmately one acre. ro,op, lies on the north side Nally Road, approximately 800 feet east of Highway 93 South. The property I,- currenify In the� jurisdic- tion~~=^=~=. Industrial. The purpose of ft annexation is so that the property owner can connect to City water and sewer services for a Pro- posed shop and office building intended for the property. -The property can be described as As- sessors Tract 7OF located in Section 20;-Township 28 North, Range 21 West P.M.M., Flathead 5.Arequest Frank Di"Vita. for annexation into the City of Kalispell and an initial zoning designation of B-1, Neighborhood Buf- fer District, on an approxi- mately 9,000 square feet parcel. The prop" ties on the northeast comer of Woodland Park Do��d| ShadyG/ Drive. i TheCouproperty is currently in the —,_- 36Ws on approximately Kalispell. MT 59901, and areavailable for public re- view during regular office Interested persons are encouraged to attend the hearings and make their views and concerns knom to ft Board. Comments in writin maybe submit - at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for Thomas R. Jaft Planning Director CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of by and between hereinafter PARTY(S) OF INTEREST (INCLUDES OWNER(S), LIENHOLDER(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 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 PARTY(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 hands and affixed our seals this day of i CITY OF KALISPELL City Manager ATTEST: Finance Director ss W. , On this day of s ' , before me, the undersigned, a Notary Public for the State of Montana, personally a �` {, Jp?4► known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me tha ht)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. 'a ublic, State of Montana Residing a My Commission expires 6__9 STATE OF MONTANA } ss County of Flathead On this day of , before me, the undersigned, a Notary Public for the State.of Montana personally appeared and , the and respectively, of the corporation that executed the foregoing instrument, and the persons 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 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 , before me a Notary Public in and for the State of Montana, personally appeared CHRIS A. K12KULSKI and AMY H ROBERTSON, known to me to be the City Manager and Finance Director 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 set forth, 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. Notary Public, State of Montana Residing at My Commission expires