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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