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
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0506637 The undersigned hereinafter referred to as Petitioner respectfully petitions the Cityof Kalispell
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0506639 for municipal services from the City of Kalispell, such specific service being Wastewater
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0506641 Treatment,
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0506645 The Petitioner requesting City of Kalispell municipal services described herein is the fee owner
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46 of that real property described in Exhibit A attached hereto and full incorporated herein b this
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0506647 reference.
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0506631
0506632 In consideration of receiving the above -described municipal services from the City of Kalispell,
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0506634 the Petitioner hereby agree to waive all rights of protest to annexation that the Petitioner may
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0506648 have now, under Title 7, Chapter 2 MCA, or under any future federal, state or local law.
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0506648 The Petitioner further herein express an intent upon such future annexation to have the property
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r as herein described withdrawn from the Evergreen Rural Fire District under the provisions of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.
AIMEE BRUNCKHORST
BpUfie 1�y
NOTARY PUBLIC for dw
State of Montana
SEAL
Residing at Lakeside, Montana
"'� OF
My Commission Expires
December 4, 2016
C�LA'AAA
No ary Public, State of Monta a
Printed Name:
Residing at
My Commission Expires
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