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05-25-17 Tamblyn Group LLC/2267 Hwy 93 SouthReturn to: Planning Dept. City of Kalispell 201 First Avenue East Kalispell, MT 59901 I�IIIIIA II II III�II�II ��I�I II�II I��II IIIII IIIII �IIII II�I�II��I �IIII II��IIIII IIIII �I�I III 201700012615 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 ) :ss 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. -SEAL- M GLASSER M G(gs SARAN NOTARY PUBLIC for the ?X\ �RQ �pSAF-AC s `cP State of Montana Montana * SEAL * Residing at Missoula, Expires s� P�? gIFOFN�o`1 My Commission 28, 2019 September <-�M[kA � s Printed Name: A)1� 1i5� Notary Public for the State of Nlcn+ttu ici Residing at My Commission expires `��1� STATE OF MONTANA ) :ss 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 S State of Montana Kalispell, 1 atMy -SE � - ' ox Mop` mKali is es February 9, 2018 Printed Name: Notary Public for the State of Montana Residing at1�i�PG�iL My Commission expires