Loading...
09-10-18 Malone, James and Donna/1211 7th Ave ESri Return to: Planning Dept. City of Kalispell 201 First Avenue East Kalispell, MT 59901 I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II 11111111 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- �� ON NOTARYYPUBUC for the State Montana NpTAfl/"q�'�iy SEAL i of Residing at Kalispell, r �%� • *�� �OF Montana My Commission Expires July 24, M2 coil . d1)V Printed ame: J 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 :ss 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- �� NO ARY PUBLIC for he X0-fAF?jj4 `�2 State of Montana i SEAL i Residing at Kalispell, ......... *�r Montana My Commission Expires July 24, 2022 STATE OF MONTANA 115 e e e L� :ss 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 � .......... ofi Myemi n Ex im December 44 2020 Prirked Name: Notary Public for the State of Montana Residing at , My Commission expires