08-14-20 Easement in Gross/CJC Trust (Cynthia Cooper)N
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Planning Dept.
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
I IIIIIIII II II (III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 10 f0350
Fees: $21.00
Debbie Pierson, Flathead County MT by MW 9/17/2020 9:12 AM
EASEMENT IN GROSS & COVENANT TO COMPLY WITH
THE BUILDING CODE
CJC Trust, hereinafter "Grantor," hereby grants 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:
Grantor is the owner of real property located at 927 2"d Ave West, Kalispell, Montana,
and more particularly described as follows:
Lots 15 and 16 of Block 127 of Kalispell, Montana, as shown on the map or
plat thereof on file and of record in the office of the Clerk and Recorder,
Flathead County, Montana.
Grantor wishes to remodel the interior of an existing residential building. The work 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, Grantor 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.
Grantor additionally covenants with Grantees that, in consideration of issuance of a
building permit for the said improvements, Grantor 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 _444�day of August, 2020
Owner of record:
WWWAIJOINUFa •••-
STATE OF MONTANA }
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COUNTY OF FLATHEAD )
City of Kalispell:
- (I -/�' z: �� �
D g R 11, City Manager
On this \Akk day of August, 2020, before me, the undersigned, a Notary Public for the
State aforesaid, personally appeared,C,4 c\Vkc k o- '3&v P w
Co(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.
A, Fy JUDI A FUNK
�pTARl� NOTARY PUBLIC for �
State of Montana
SEAL Residing at Kalispell, MOM"
'TFof Mo�`p2Q Icy CammissW EXPh"
F2Ln 25, 2024
STATE OF MONTANA
:ss
COUNTY OF FLATHEAD )
P 'nted Name:
Notary State of
Residing at
M ission expires
On this Q 5 day of August, 2020, 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.
-SEAL-
AIMEE BRUNCKHORST
OAUNCKy
NOTARY PUBLIC for the
N�..SEAL.;4
State of Montana
Residing at Lakeside, Montana
.OF.r�4�
O�
My Commission Expires
December 4, 2020
Prin d e:
Notary Public e State of Montana
Residing at ,
My Commission expires