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03-06-18 JJN Holdings LLC/442 4th Ave Er� Return to: Planning Dept. City of Kalispell 201 First Avenue East Kalispell, MT 59901 I IIII�III II II I IIIIIIII IIIII IIIII IIIII IIIII IIIII IIIII �IIII IIIIIIIIII IIIII IIII II IIIIIIII IN Page: I of43 40 Debbie Pierson, Flathead County MT by DD 3/7/20 Fees: 1. p.0() EASEMENT IN GROSS & COVENANT TO COMPLY WITH THE BUILDING CODE JJN Holdings, LLC, a Montana 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 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 442 4th Avenue East, Kalispell, Montana, and more particularly described as follows: Lot 6 and the Southerly Half of Lot 5, Block 79 of Kalispell, 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 an addition 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, 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 6j't( �-- day of March, 2018. Owner of record: Ryan Nelson, JJN Holdings, LLC STATE OF MONTANA :ss COUNTY OF FLATHEAD ) City of Kalispell: Dog sell, City Manager On this U day of March, 2018, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared, Ryan Nelson, 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 gpUNCKy �ti.. °9 NOTARY PUBLIC for the -SEA State of Montana Residing at Lakeside, Montane �q; ..• , . P?� FOF Mod My Commission Expires December 4, 2020 "40 Notary Public for the State of Residing at My Commission expires STATE OF MONTANA ss COUNTY OF FLATHEAD ) On this LP day of March, 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. AI�UNCORS i NOTARY PUBLIC for din$aSt LBM °Me MOnW* i�eatky?� fission w f+�Y_ _ __►.� d_ 2020 mw�*C--. ffi! Notary Public for the State of Montana Residing at , My Commission expires