08-31-17 Langford/Lots 9 and 10, Block 84Return to:
Planning Dept.
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
j I I I iI 201.700422709
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Debbie Pierson, Flathead County MT by NW 9/12/2017 10 33 AM
EASEMENT IN GROSS & COVENANT TO COMPLY WITH
THE BUILDING CODE
James Langford, 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 parties having any right, title or
Q) 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 535 First Avenue East, Kalispell,
i
Montana, and more particularly described as follows:
Lots 9 and 10 of Block 84 of Kalispell, Montana, according to the map or plat
thereof on file and of record in the office of the Clerk and Recorder of Flathead
County, Montana.
Grantor wishes 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, 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, 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 i day of v) v5 , 2017.
Owner of record: City of Kalispell:
JaAies Langford ug (s1, City Manager
STATE OF MONTANA
ss
COUNTY OF FLATHEAD )
On this 3lpr day of AZ(Lree6_' , 2017, before me, the undersigned, a Notary
Public for the State aforesaid, personally appeared, James Langford, 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.
eorcoBOYCOTT
State of Montana
Redding at Kalispell, Montana
My Commission Expires
-SEAL
Printed Name: ,y 8e yeow ti a—1 f. aAJ
Notary Public for the State of M.rAir f^4
Residing at g&j*,Pe"_ , A1,0^4r.4.4A
My Commission expires 2/y /--i-v/9
STATE OF MONTANA
:ss
COUNTY OF FLATHEAD )
On this ( day of <jVAM� , 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.
AIMEE BRUNCKHORST
�pUNCK
ci y09�r
NOTARY PUBLIC for 9 0
*'.SEAL,`
State of Montana
Residing at Lakeside. MontWA
-SE
P?
My Commission Expires
December 4, 2020
MR
Notary Public for the State of Montana
Residing at ,
My Commission expires