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10-14-21 Layne Massie/2015 & 2105 Third Ave East�IIIIIII II II IIII IIIII (IIII IIIII IIIII IIIII IIIII (IIII IIIII IIIIIIIIII IIIII IIII 1111111111 IIIIIIIII IIII Page: of 4 03 Debbie Pierson, Flathead County MT by MLN 10/28/2021 8 26 AM Return to: Planning Dept. City of Kalispell 201 First Avenue East Kalispell, MT 59901 EASEMENT IN GROSS & COVENANT TO COMPLY WITH THE BUILDING CODE 1, e Layne Massie, 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 ointerest 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 2015 and 2105 Third Ave E, Kalispell, Montana, and more particularly described as follows: Assessors Tracts 8CA, 8OAA and 8OBA in the NE1/4 of the NW1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, E Montana See EX "; + A fv✓ 1 Lal UJ cL1 4CCri pft0-n Grantor wishes to construct two apartment buildings on the subject property. 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. r 4-N, o� btr DATED this � day of t, 2021 Owner of record: Layne Massie STATE OF MONTANA :ss COUNTY OF FLATHEAD City of Kalispell: g sell, City Manager or--� On this f 3 day of tlrt�, 2021, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared, L,g, . ,4 4 e , known to me to be the person whose name is subscribed to the within�trument, 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. OCEA 'KENDALL MASSIE NOTARY PUBLIC for the State of Montana -SEALResiding at Kalispell, Montana My Commission Expires January 28. 2023 STATE OF MONTANA :ss COUNTY OF FLATHEAD ) Printed Name: Notary Public for the State of Residing at , My Commission expires a I, 0 On this (4 day of October, 2021, 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- ` %111 1 AIMEE BRUNCKHORST S ullct NOTARY PUBLIC for the State of Montana Residing at �* SEAI- N„ Lakeside, Montana O� MpeP� My Commission Expires December 04, 2024 Prin ed Name: Notary Public for the State of Montana Residing at , My Commission expires EXHIBIT A A bad of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows to wit: Commencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 20; thence North 0003'West, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter,116.6 feet to the Northeast corner of that certain tract of land as described In Book 481, Page 980 of the official records of Flathead County, Montana and the True Point of Beginning of the tract of land being described; thence West and along the Northerly boundary line of said tract in Book 481, Page 980, 646.5 feet to a point on the Easterly boundary line of the original U.S. Highway No. 93; thence North 14054' West, and along sold Easterly boundary line of U.S. No. 93, 127.9 feet to the Southwest corner of that property as described in Book 430, Page 849 of said Flathead County records; thence North 76039' East, and along the Southerly boundary line of the property just mentioned, 142A feet to the Southeast corner thereof; thence North 13021' West, and along to Easterly boundary line of said tract, 80.0 feet to a point on the Southerly boundary lire of that certain tract of land in Book 274, Page 442; thence North 76039' East, 174.3 feet to a point; thence South 0003' East, 185.1 feet to a point; thence East and parallel to the Southerly boundary line of the property being described, 389.5 feet to a point on the Easterly boundary lire of said NE%NWIA of Section 20; thence South 0003' East, and along the Easterly boundary line of said Northeast Quarter of the Northwest Quarter, 89.4 feet to the True Point of Beginning.