09-10-18 Malone, James and Donna/1211 7th Ave ESri
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Planning Dept.
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
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IIII Pege. 10of73 38
Fees. 21.00
Debbie Pierson, Flathead County MT by TM 11/8/20i8 i :42 dM
EASEMENT IN GROSS & COVENANT TO COMPLY WITH
THE BUILDING CODE
James M. Malone and Donna J. Malone, hereinafter "Grantors," hereby grant to the
City of Kalispell, Montana, and its subdivision, the City of Kalispell Building Division,
hereinafter "Grantees," an easement in gross, which shall run with the land and be binding on all
parties having any right, title or interest in the described property or any part thereof, their heirs,
personal representatives, successors and assigns, as follows:
Grantors are the owners of real property located at 1211 7th Avenue East, Kalispell,
Montana, and more particularly described as follows:
Lot 11 and the southerly ten feet (101) of Lot 12 of Block 261 of Kalispell
Townsite Company's Addition No. 8 to Kalispell, Montana, according to the
' plat thereof on file and of record in the office of the Clerk and Recorder of
Flathead County, Montana.
Grantors wish to construct a carport adjacent to the existing single family residence. The
addition will be located on or near an internal lot line. In the event that one of the lots were to be
purchased by another party resulting in a split in ownership, or if the owner were to make
alterations of the structure near the property line between said lots, the contemplated
improvements would be in violation of the building code in its present version.
In the event that ownership of any portion of the property is severed or transferred in any
manner, prior to the sale or other transfer, Grantors shall bring the structure into compliance with
the then current version of the adopted building code. Also, in the event that additional
improvements are made to the property, except for the addition referenced herein above, by the
current or subsequent owners, the structure shall be brought into compliance with the then
current version of adopted building codes unless Grantees, in their discretion, elect to extend this
easement and covenant to such improvements by issuing a building permit.
Grantors additionally covenant with Grantees that, in consideration of issuance of a
building permit for the said improvements, Grantors shall, prior to any severance of title to the
property or any portion thereof, and/or prior to any construction, expansion, or remodeling of any
structure on the property, either remove said improvements or bring the structure into compliance
with the then adopted building codes unless Grantees, in their discretion, elect to extend this
easement and covenant to such improvements by issuing a building permit.
Grantees hereby automatically release this easement and covenant upon the sale of any
lot, or placement of a structure upon the property, provided that all then existing buildings and all
improvements on all lots comply with the then current version of adopted building code for a
building and/or structure on each individual lot. Grantees release this easement and covenant in
the event that the property is aggregated as one lot.
DATED this ('�A day of September, 2018.
Owners of record: City of Kalispell:
James M. Malone
4onna. one
STATE OF MONTANA
:ss
COUNTY OF FLATHEAD
Doujlus7etl, City Manager
On this IOk" day of September, 2018, before me, the undersigned, a Notary Public for
the State aforesaid, personally appeared, James M. Malone, known to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Notarial
Seal the day and year first above written.
-SEAL-
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NOTARYYPUBUC for the
State Montana
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Residing at Kalispell,
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My Commission Expires
July 24, M2
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Notary Public for the S ate of MO&C4rIC4
Residing at Ka I i 6DEft I MT
My Commission expires 2 2D1
STATE OF MONTANA
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COUNTY OF FLATHEAD )
On this "10'Vv, day of September, 2018, before me, the undersigned, a Notary Public for
the State aforesaid, personally appeared, Donna J. Malone, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Notarial
Seal the day and year first above written.
-SEAL-
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NO ARY PUBLIC for he
X0-fAF?jj4 `�2
State of Montana
i SEAL i
Residing at Kalispell,
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Montana
My Commission Expires
July 24, 2022
STATE OF MONTANA
115
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COUNTY OF FLATHEAD ) �
On this 1 s+ day of mar, 2018, before me, the undersigned, a Notary Public for
the State aforesaid, personally appeared, Doug Russell, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Notarial
Seal the day and year first above written.
AIMEE BRUNCKHORST
gAUNCI(
NOTARY PUBLIC for the
-SEA * $EAL
State of Montana
Residing at Lakssids, Montana
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Myemi n Ex im
December 44 2020
Prirked Name:
Notary Public for the State of Montana
Residing at ,
My Commission expires