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Trumble Creek Ph 2 - Waiver of Protest to Annexation & Notice of WithdrawalReturn to: Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 2017 Ilillllllllllllllllllllilllillllliilllllllllllllllllllllllllllllllllll{IIIIIIIII{IIIIIIlI 1 Fees:O$26f00 Debbie Pierson, Flathead County MT by DD 1/19/2017 8:29 AM WAIVER OF PROTEST TO ANNEXATION AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT -0506627 0506636 0506637 The undersigned hereinafter referred to as Petitioner respectfully petitions the Cityof Kalispell 0506638 g p Y 1� 0506639 for municipal services from the City of Kalispell, such specific service being Wastewater 0506640 0506641 Treatment, 0506642 0506643 0506644 0506645 The Petitioner requesting City of Kalispell municipal services described herein is the fee owner 0506628 46 of that real property described in Exhibit A attached hereto and full incorporated herein b this 0506646 h p Y Y� rp Y 0506647 reference. 0506629 0506630 0506631 0506632 In consideration of receiving the above -described municipal services from the City of Kalispell, 0506633 w 0506634 the Petitioner hereby agree to waive all rights of protest to annexation that the Petitioner may 0506635 0506648 have now, under Title 7, Chapter 2 MCA, or under any future federal, state or local law. 0506648 0506648 0506648 The Petitioner further herein express an intent upon such future annexation to have the property 0506648 P � P � P P Y r as herein described withdrawn from the Evergreen Rural Fire District under the provisions of MCA 7-33-2127; and that incorporated into this Waiver to Protest Annexation is the Notice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. In the event the property is not immediately annexed, the Petitioner further agrees 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. The Petitioner further acknowledges that pursuant to MCA 7-6-1601 to 7-6-1604 the City shall have the right to charge and the owner shall have the obligation to pay impact fees for the new demand upon the City services delivered to the subject property which fees must be paid no earlier than the date of issuance of a building permit if a building permit is required for the development or no earlier than the time of wastewater or water service connection. This City hereby agrees to allow Petitioner to connect and receive the utilities from the City of Kalispell that are requested herein. za5 Petitioner/Owner Date '0 lc% 2 oug ussell Date City Manager NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE 0F&Q->cGn� ) ):ss County of rno '�) ) On this day of 1vq,I a , 2015, before me, the undersigned, a Notary Public for the State of OQI;�-C6/� , personally appeared (1), in his capacity as (��(� f�� , that executed the foregoing instrument, 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. OFFICIAL SEAL , KATHRINE S EASTLUND NOTARY PUBLIC - OREGON COMMISSION NO.480359 (9my COMMISSION EXPIRES AUGUST 04, 2017 N tary Public, State of Printed Name: Residing at ( N.g 0j.!96 C!6t)A2FL,' My Commission Expires g0&Lk:S7T O,�1 6017 STATE OF MONTANA } ):ss County of Flathead ) nat On this day of Oc-'o be-t- , 2015, before me, a Notary Public in and for the State of Montana, personally appeared Doug Russell, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was 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. 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