05-25-17 Tamblyn Group LLC/2267 Hwy 93 SouthReturn to:
Planning Dept.
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
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315
Fees. $21.00
Debbie Pierson, Flathead County MT by DD 6/20/2017 IN3 PM
EASEMENT IN GROSS & COVENANT TO COMPLY WITH
THE BUILDING CODE
Tamblyn Group Limited Liability Company, 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
ni 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 2267 Highway 93 South, Kalispell,
Montana, containing two separate parcels (Assessors Tracts 2AAD and 2AAEA) and more
particularly described as follows:
A tract of land situation, lying and being in the North Half of Section 20, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, known as: Parcels
A and B of Certificate of Survey No. 12331.
Excepting therefrom that portion deeded to State of Montana Department of
Transportation under Instrument No. 20031211370.
Grantor wishes to construct a new drive -through coffee kiosk. Related construction 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 may 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 day of May, 2017.
Owner of record:
Kalispell:
Tamblyn Group Limited Liability Company
154 VIA�
Nathan Tamblyn, Member Manager
STATE OF MONTANA )
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COUNTY OF M tee, : O A )
City of
ou Russell, City Manager
On this 2J� day of May, 2017, before me, the undersigned, a Notary Public for the
State aforesaid, personally appeared, Nathan Tamblyn, 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.
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STATE OF MONTANA )
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COUNTY OF FLATHEAD )
On this 6262i 4 day of May, 2017, 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.
aovcor, KATHLEEN BOYCOTT NELSON
T NOTARY PUBLIC for Ve
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State of Montana
Kalispell,
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February 9, 2018
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