09-01-17 Eacker, Terry and Michelle/Meridian AdditionIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIllll Page:I21.00,2312
Debbie Pierson, Flathead County MT by NW 9/12/2017 10 AM
k.1
Return to:
Planning Dept. 1
201700022629
City of Kalispell OWN IIIII III Page: 1 of 3
201 First Avenue East
Debbie Pierson, Flathead County MT by NW 9/11/2017 2:12 PM
Kalispell, MT 59901
EASEMENT IN GROSS & COVENANT TO COMPLY WITH
THE BUILDING CODE
Terry A. Eacker and Michelle L. Eacker, 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 owner of real property located at 140 South Meridian, Kalispell,
Montana, and more particularly described as follows:
Lots 2 and 3, Block 1 of Meridian Addition, according to the map or plat
thereof on file and of record in the office of the Clerk and Recorder of
Flathead County, Montana.
Grantors wish to construct a garage on the property. The garage 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 day of &Y- , 2017.
Owners of record: City of Kalispell:
,V� -
0erryG.ker
STATE OF MONTANA
ss
COUNTY OF FLATHEAD )
Doug RZell
yMana r
On this 1.5-' day of-�6/vIK�4- , 2017, before me, the undersigned, a Notary
Public for the State aforesaid, personally appeared, Terry A. Eacker, 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.
�ap
'VAR ry�F�mi NOTARY PUBLIC for the NELSON
—A""t—
State of Montana Printed Name: % itrs6erl Ayto r hleisoAs
s� SEAL=� Residing at Kalispell, Montana Notary Public for the State of MoA1nfV'+
9rF01: Mora My Commission Expires
-SEA February 9, 2018 1 Residing at 6C+r ueP��t- Nk�J�,�-ova
+++ My Commission expires
i I II I �I Page: 22 of 3 20
Fees: $21.00
9/11/2017 2:12 PM
I I I I I I Page: 3 of 3 29
Fees: $21.00
9/11/2017 2:12 PM
STATE OF MONTANA
:ss
COUNTY OF FLATHEAD )
On this iSr day of 5ePa*0674— , 2017, before me, the undersigned, a
Notary Public for the State aforesaid, personally appeared, Michelle L. Eacker, 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.
KATHLEEN BOYCOTT NELSON
��eovcorr
�pTAq�y�
NOTARY PUBLIC for the
SEAL
State of Montana
Residing at Kalispell, Montana
OF MO P=�
My Commission Expires
-SEAL-
February 9, 2018
STATE OF MONTANA
ss
COUNTY OF FLATHEAD )
-)&� -W-f-v�
Printed Name: '&yc" Akso►-j
Notary Public for the State of it�lo�rrGt
Residing at XrGr paL_4_ p(oN7
My Commission expires A[ 7 3-� l j
On this I {` day of SQL , 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.
�gRUHCKyO AIMEE BRUNCKHORST
�. '� 9�a
NOTARY PUBUC for the
*' *
1p EAL r
State of Montana
Residing at lakeside, Montana
-SEA
My Commission Expires
December 4, 2020
ON I,-
�Y• =-1—�M
10-MRZINORIs
Notary Public for the State of Montana
Residing at ,
My Commission expires