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• <br /> Recorded at the Request of: <br /> Snohomish County Public Works <br /> 3000 Rockefeller Ave. <br /> Everett, WA 98201 <br /> DECLARATION OF PROTECTIVE COVENANTS,CONDITIONS AND <br /> RESTRICTIONS <br /> Grantors: County of Snohomish, a political subdivision of the State of Washington <br /> City of Everett,a municipal corporation of the State of Washington <br /> Grantee: The Public <br /> Assessor Tax Parcels (previously) Portion of 00537900007300,00537900007400 <br /> Full legal description on attached Exhibits A&B <br /> This Declaration of Protective Covenants, Conditions and Restrictions, hereinafter referred to as <br /> the"Declaration"is made this date by the County of Snohomish,a political subdivision of the State <br /> of Washington.hereinafter referred to as"County"and the City of Everett,a municipal corporation <br /> of the State of Washington,hereinafter referred to as"City which are the current owners of that <br /> certain real property located in Snohomish County,Washington,more particularly described on the <br /> attached Exhibits"A"and"B"incorporated herein by this reference, the"Declaration Property". <br /> This Declaration is hereby made to comply with conditions of the U.S. Army Corps of Engineers <br /> Permit#00400812 and Dept of Ecology Order#22922 issued in connection with the Snohomish <br /> County Airport Road HOV Lanes Project and the Snohomish County Road Project 112th Street <br /> SW(SR 525—Airport Road)Improvement Project as shown on the project right-of-way plans,filed <br /> with Snohomish County Public Works under Survey# 3579, and also shown as a Conservation <br /> Easement area on said project plans. <br /> It is the purpose of this Declaration to ensure that-the Declaration Property, which is a mitigation <br /> site for road right of way improvements, will be retained forever in an open and undeveloped <br /> condition,and to prevent any use of the property that will impair or interfere with the conservation <br /> values of the Declaration Property. <br /> The property is to be left permanently undisturbed in a substantially natural state. Construction of <br /> new structures, including but not limited to clearing, grading,filling, building placement, or road <br /> construction of any kind or removal of existing native vegetation is prohibited, except the <br /> following: <br /> 1) Crossings for underground utility lines and drainage discharge swales which utilize <br /> the shortest alignment possible and for which no alignment that would avoid such a <br /> crossing is feasible; <br /> 2) Removal of hazardous trees; <br /> 3) Fences, only if the critical area and its buffer are not detrimentally affected. <br /> 118 <br />