08-06-12 Easement in Gross/Angel Point CapitalReturn to:
Planning Dept.
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
11111 Hill Hill 11111lllllillll11111111111II 11611i112012
Page°°of 2134
Paula Robinson, Flathead Count MT b NW Fees: $14.00
Y Y 8/7/2012 3:46 PM
1
BUILDINGTHE !1
Angel Point Capital, LLC, a Montana Limited Liability Company, hereinafter
"Grantor," 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:
Grantor is the owner of real property located at 314/318 Main Street, Kalispell, Montana,
and more particularly described as follows:
Lots 4 and 5, Block 66 of Kalispell, Montana, according to the official plat
thereof, filed in Official Records of Flathead County, Montana.
Grantor wishes to reconstruct a stairwell on a commercial building on the property. The
tructure will be located on or near internal lot lines. In the event that one of the lots were to be
urchased by another party resulting in a split in ownership, or if the owner were to make
Iterations of the structure near the property line between said lots, the contemplated
mprovements 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
anner, prior to the sale or other transfer, Grantor shall bring the structure into compliance with
he then current version of the adopted building code. Also, in the event that additional
mprovements are made to the property, except for the structure referenced herein above, by the
ra
rrentor subsequent owners, the structure shall be brought into compliance with the then
rrentversion of adopted building codes unless Grantees, in their discretion, elect to extend this
sement 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, Grantors shall, prior to any severance of title to the
ro ert or an portion thereof, and/or prior to an construction expansion, or remodeling of an
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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.
d- k
DATED this " ` day of August, 2012
Owner of record:
Angel Pfit Capital
etveit
City of Kalispell:
D usspt
City Manager
Milli'Iliillilliilllllllilllll(illillllllllillllllilllllillllllilllillllllllllllllllllll Page: 2 of 2i�4
Fees:$14.00
8/7/2012 3:46 PM
STATE OF MONTANA
:ss
COUNTY OF FLATHEAD )
On this day of August, 2012, before me, the undersigned, a Notary Public for
the State aforesaid, personally appeared, Jon Fetveit, 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.
TH
NOTARY PUBLIC for the
State of Montana
Idin at Kalispell, Montang
y Commission Expires
STATE OF MONTANA
ss
COUNTY OF FLATHEAD )
Printed Name:
Notary Public for the State of Montana
Residing at lgol-tF' 4
My Commission expires-1ql-11-01
On this _� day of August, 2012, 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.
-S rT,AOTAR/q
L f'
op
Printed Name: -re--
Notary Public f too he State of Montana
Residing at 161
My Commission expires -7 @