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<br />DECLARATION OF SHORT SUBDIVISION AND OF COVENANTS
<br />KNOW ALL PERSONS BY THESE PRESENTS:
<br />THAT WE, THE UNDERSIGNED, HAVING N INTEREST IN THE REAL PROPERTY DESCRIBED BY
<br />THIS DECLARATION, DO HEREBY DECLARE THE HEREIN DESCRIBED DIVISION OF LAND.
<br />APPROVED AS SHORT PLAT NUMBER 15-95, ON THIS DAY OF
<br />199_, BY THE CITY OF EVERETT. SUBJECT TO THE FOLLOWING COVENANTS AND CONDITIONS:
<br />(A) THE LAND DESCRIBED BY THIS DECLARATION MAY NOT BE FURTHER SUBDIVIDED
<br />IN ANY MANNER EXCEEDING A TOTAL OF FOUR PARCELS BY ANYONE WITHIN FIVE TEARS OF
<br />THE ABOVE DATE OF APPROVAL WITHOUT A FINAL PLAT HAVING BEEN FILED FOR RECORD
<br />WITH THE AUDITOR OF SNOHOMISH COUNTY, PURSUANT TO THE PROVISIONS OF CHAPTER
<br />58.17 RCW, AND THE PROVISIONS OF THE CITY OF EVERETT, AND SUBJECT TO THE
<br />PENALTIES ATTENDANT THERETO:
<br />(B) ALL SUBSEQUENT DEEDS WILL CONTAIN PROVISIONS FOR THE PRIVATE
<br />DRIVEWAY IN THE MANNER DESCRIBED HEREIN;
<br />DEDICATION
<br />KNOW ALL PERSONS BY THESE PRESENTS THAT MICHAEL J. KERR AND DINA L
<br />CLAY, THE UNDERSIGNED OWNER(S), IN FEE SIMPLE OF THE LAND HEREBY SHORT
<br />SUBDIVIDED, OF SHORT. PLAT FILE NUMBER 15-95, HEREBY DECLARE THIS SHORT PLAT
<br />AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS, AVENUES, PLACES
<br />AND SEWER EASEMENTS OR WHATEVER PUBLIC PROPERTY THERE IS SHOWN ON THE SHORT
<br />PLAT, AND THE USE FOR ANY AND ALL PUBUC PURPOSES NOT INCONSISTENT WITH THE
<br />USE THEREOF FOR PUBLIC HIGHWAY PURPOSES. ALSO, THE RIGHT TO MAKE ALL
<br />NECESSARY SLOPES FOR CUTS AND FILLS UPON LOTS, BLOCKS, TRACTS, ETC., SHOWN
<br />ON THIS SHORT PLAT IN THE REASONABLE ORIGINAL GRADING OF ALL THE STREETS,
<br />AVENUES, PLACES, ETC., SHOWN HEREON. ALSO, THE RIGHT TO DRAIN ALL STREETS
<br />OVER AND ACROSS ANY LOT OR LOTS WHERE WATER MIGHT TAKE A NATURAL COURSE
<br />AFTER THE STREET OR STREETS ARE GRADED. ALSO, ALL CLAIMS FOR DAMAGE AGAINST
<br />ANY GOVERNMENTAL AUTHORITY ARE WAIVED WHICH MAY BE OCCASIONED TO THE
<br />ADJACENT LAND BY THE ESTABLISHMENT, CONSTRUCTION, DRAINAGE, AND MAINTENANCE
<br />OF SAID ROADS.
<br />FOLLOWING ORIGINAL REASONABLE GRADING OF ROADS AND WAYS HEREON, NO
<br />DRAINAGE WATERS ON ANY LOT OR LOTS SHALL BE DIVERTED OR BLOCKED FROM THEIR
<br />ACKNOWLEDGMENTS
<br />STATE OF WASHINGTON
<br />�SB t'L
<br />COUNTY OF SNOHOMISH �
<br />I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAF M
<br />I
<br />C
<br />H-AEL J: XERR H5. THE'•,
<br />PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT'•HE SIGNED THIS
<br />INSTRUMENT AND ACKNOWLEDGED IT TO BE HIS FREE AHQ.:(OLU0IRY ACS FOR•,THE USES „
<br />AND PURPOSES MENTIONED IN THE INSTRUMENT.
<br />DATED: /�•• 1 Z%..
<br />NOTARY RHB IN AND FOR STATE OF WASHNCI N ....
<br />`t KfCAA( j •y -
<br />(C) ALL MAINTENANCE CE OF THE PRIVATE DRIVEWAY DESCRIBED BY THIS
<br />NATURAL COURSE SO AS TO DISCHARGE UPON ANY PUBLIC ROAD RIGHTS -OF -WAY TO
<br />NOTARY NAME PRINTED;
<br />DECLARATION SHALL BE BY THE OWNER(S) OF THE PARCELS HAVING LEGAL ACCESS
<br />THEREFROM OR THEIR SUCCESSOR(S), UNLESS AND UNTIL SUCH ROADS ARE IMPROVED
<br />HAMPER PROPER ROAD DRAINAGE. THE OWNER OF ANY LOT OR LOTS, PRIOR TO MAKING
<br />AN ALTERATION IN THE DRAINAGE SYSTEM AFTER THE RECORDING OF THE SHORT PLAT,
<br />`.`�Q,Cfi••,...,„,,, -
<br />TO
<br />CITY OF EVERETT STANDARDS AND ACCEPTED BY THE CITY OF EVERETT;
<br />MUST MAKE APPLICATION TO AND RECEIVE APPROVAL FROM THE DIRECTOR OF THE
<br />RESIDING AT IAI�R1C%J,fi'XJ •-'� N.s+;ON Efq'._:A'`:
<br />DEPARTMENT OF PUBUC WORKS FOR SAID ALTERATION. ANY ENCLOSING OF DRAINAGE
<br />M _ •_
<br />dT NO v
<br />(D) ANY PRIVATE
<br />WATERS IN CULVERTS
<br />MY COMMIF310N Ek✓?IRES
<br />DRIVEWAY IS HEREBY SUBJECT TO A UTILITIES EASEMENT IN
<br />FAVOR OF THE GRANTOR(S) OR THE SUCCESSOR(S) AND OF ANY ELECTRIC, TELEPHONE,
<br />OR DRAINS OR REROUTING THEREOF ACROSS ANY LOT AS MAY BE
<br />UNDERTAKEN BY OR FOR THE OWNER OF ANY LOT SHALL BE DONE BY AND AT THE
<br />'l %+h
<br />�p1I8LT0 '
<br />TELEVISION CABLE, CAS, WATER, OR SEWER COMPANY, PUBLIC OR PRIVATE, OR THE
<br />EXPENSE OF SUCH OWNER.
<br />STATE,QF WASHINGTON o,
<br />(� °yTi,A, ip.OA O=
<br />SUCCESSOR(S) TO INSTALL, CONSTRUCT, OPERATE, MAINTAIN. ALTER, AND REPAIR THEIR
<br />( :, t>�,.•"
<br />CCIINTY dF SNONOMISN;•/ '• '•. '•.. ., WASH,
<br />RESPECTIVE UTILITIES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SAID
<br />PURPOSES; PROVIDED, THAT IF THE ROAD SHOULD BECOME A PUBLIC ROAD A7 SOME TIME
<br />IN THE FUTURE, ALL EASEMENTS WITHIN THE ROAD SHALL BECOME NULL AND VOID, AND
<br />IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS THIS
<br />'� ' /
<br />DAY OF tee.. dL,� 199
<br />�,
<br />•' - •••'••
<br />.,.,I CERTIFY THAT KNOW OR. HAVE SATISFACTORY EVIDENCE THAT DIANA L CLAY IS THE
<br />'APPEARED
<br />ANYUTLIN FAGLITIES WHICH PHYSICALLY EXIST SHALL BECOME SUBJECT TO THE
<br />7ERSCIN, WHO BEPQRE'MC AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS
<br />FRANCHISE REQUIREMENTS OF THE CITY;
<br />i \ / a
<br />�.s.G.•/ /
<br />INSTRUMENT ND.AeKNOWLEDyED IT TO BE HIS FREE AND VOLUNTARY ACT FOR THE USES
<br />.•. 4WD PURFQSES MENTIOH�D AY THE INSTRUMENT.
<br />(E) WITH RESPECT TO ANY PRIVATE DRIVEWAY DESCRIBED BY THIS DECLARATION,
<br />.,._ DI NA L CLAY
<br />MICHAEL J. KERFjf
<br />,• '
<br />WHETHER IT REMAINS PRIVATE OR BECOMES A PUBUC ROAD, THERE IS THE ADDITIONAL
<br />'•J•Z.^%Z -T•N
<br />RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS; AND THE RIGHT TO
<br />,�p7E�
<br />CONTINUE TO DRAIN SAID ROADS AND WAYS OVER AND ACROSS ANY LOT OR LOTS WHERE
<br />THE WATER MIGHT TAKE
<br />'• L•.
<br />...
<br />A NATURAL COURSE UPON REASONABLE GRADING PURSUANT TO
<br />IMPROVEMENT FOR DEDICATION OF THE ROADS AND WAYS SHOWN HEREIN. FOLLOWING
<br />....
<br />NOTARY PUBUC N AND FOR STATE OF WASHINGTON
<br />G ••AEGh.
<br />OR DEDICATION OF THE ROADS AND
<br />WAYS. SHREASONAOWN HBLE OUEREING NO DRANAGE WATERS ON ANY PURSUANT TO IMPROVEMENTS F OT OR LOTS SHALL E DIVERTED OR
<br />...... ... NOTARY NAME �TEDQ
<br />BLOCKED FROM THEIR NATURAL COURSE SO AS TO DISCHARGE UPON NY PUBLIC ROAD
<br />CONDITIONS OF SHORT Si1BDIVISION.APPA4DI AL'•.
<br />RESIDING AT �': ✓KI cTEpGTY
<br />RIGHTS -OF -WAY OR HAMPER PROPER ROAD DRAINAGE, WITHOUT THE APPROVAL OF THE
<br />OF EVERETT;,'•''MY
<br />ALL LANDSCAPED AREAS IN PUBLIC RIGHTS -OF -WAY SHALL BE MAINTAINED
<br />(1) TIE CITY MAY REQUIRE THAT ACOPY OF'JHE FlRi CON$]RUGT PLANS
<br />.OL,,•',�O
<br />COMMISSIONEXPIRES(F)
<br />APPROVALS SHORT SUBDIVISION NO. 15-95 •,
<br />BY THE OWNERS) OR THEIR SUCCESSOR(S) AND MUST BE REDUCED OR ELIMINATED A7
<br />THE REQUEST OF THE CITY IF DEEMED NECESSARY FOR CITY ROAD PURPOSES;
<br />FOR THE ACCESS ROADWAY'VNND OTHER DEVELOPMENT WITHIN THE STEEP SLWE'XREA OR
<br />WITHIN 25 FEET OF THI` CREST OF THE STEEP SLOPE AREA MU,9T BE REVIEWED BY
<br />WggH\Nv,.�
<br />•`••• ,,..•".
<br />NELSCN-COUVRETTE & 'ASSOCIA•TES TO INSURE TFINVT THE RECOMMENDAgnONS OF THE
<br />THE CITY OF EVERETT HEREBY DETERMINES THAT THIS SHORT SUBDIVISION CONFORMS TO
<br />(G) DRAINAGE EASEMENTS DESIGNATED ON THE SHORT PLAT ARE HEREBY ON
<br />GEOTECHNICAL REPORT A$E BEING MET IN THE DESIGN AND -CONSTRUCTION OF THE
<br />RCW 58.17 AND EMC TITLE 18 AND IS HEREBY APPROVED.
<br />RESERVED FOR AND GRANTED TO THE CITY OF EVERETT, EXCEPT THOSE DESIGNATED THE
<br />PROPOSED DEVELOPMENT, AND A ITTEN DETERMINMION THAT THE•CONSTRUCTION
<br />NOTE: THECITY OF EVERETT DOES NOT IN ANY WAY WARRANT NOR GUARANTEE THE
<br />SHORT PLAT AS PRIVATE EASEMENTS. FOR THE RIGHT OF INGRESS AND EGRESS AND
<br />PLANSTI
<br />PLANS MEET E REQUIREMENTS •THE GEOTECHNICAI, REPORT BE'SUBMITTED TO THE
<br />ACCURACY OF THIS RECORD OF SURVEY.
<br />THE RIGHT TO EXCAVATE, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND/OR REBUILD N
<br />PLANNING AND PUBLIC W_ ORKS• DEPNT),IENTS PRIOR TO ISSUAyCE OF CONSTRUCTION
<br />ENCLOSED OR OPEN CHANNEL STORMWATER CONVEYANCE SYSTEM AND/OR OTHER DRAINAGE
<br />FACILITIES, UNDER, UPON OR THROUGH THE DRAINAGE EASEMENT;
<br />PERMITS; _ •.
<br />4 • • •
<br />EXAMINED AND APPROVED IS DAY OF ►• 199�.
<br />••'L
<br />(2) VNLESS A7HERWISE APPROVTJN ACCORDANCE WITH THE CITY OF EVERETT'S
<br />(H) SUBJECT TO THOSE EXCEPTIONS AND RESERVATIONS AS CONTAINED IN DEED
<br />ZONING CODE, NO AEV¢OPMENi NI HN 25 FEET OF ANY STEEP SLOPE AREAS ON OR
<br />RECORDED UNDER AUDITOR'S FILE NO. 769091.
<br />'• AB'JAQ�N7 TO THE -SIT IS PERMR-TEJ.OTHER'7HN DEVELOPMENT WITHIN THE CUT STEP
<br />' 5LOPE/8UFFMZ&A-APPR9VEO UNDER PLANNING DIRECTOR'S APPROVAL ILC jItIO o,
<br />EVERETT EN NEE
<br />THESE COVENANTS ARE FOR THE MUTUAL BENEFIT OF THE GRANTOR AND HIS HEIRS.
<br />WHICH 15;HNC6RP0(RATED•WIT.HIN PREUMIINARY SHORT SUBDIVISION APPROVAL /15-95;
<br />SUCCESSORS AND ASSIGNS AND ARE FOR THE FURTHER PURPOSE OF COMPLIANCE WITH
<br />THE ORDINANCES AND REOULAIENS OF THE CITY OF EVERETT, THE CITY SUCH '•"''
<br />•• (3) LROOF:TOP RUNOFF F,RpA' THE HOUSES ON LOTS 1, 2 AND 3 MUST E ROUTED
<br />PERSONS ARE SPECIFICALLY OVEN THE RIGHT TO ENFORCE THESE RESTRICTIONS AND
<br />ENFORCE H SE S A
<br />TO Ry DOWNSPQUT INFlLTRAA SYSTETMS DESIGNED AND CONSTRUCTED IN ACCORDANCE
<br />EXAMINED AND APPROVED THIS —Ly�AY OF 1 n. _ 199$
<br />RESERVATIONS BY INJUNCTION OR OTHER LAWFUL PROCEDURE AND TORECO fR ANY _
<br />VtHH Cj7,Y STANDARQS;
<br />_ ,• �J
<br />(Q� �
<br />DAMAGES RESULTING FROM SUCH VIOLATION. , -
<br />(4 FOUR'QFF-STREET PARKING STALLS MUST BE PROVIDED FOR EACH UNIT ON
<br />(J �aA
<br />"' k " " `a
<br />_
<br />rf
<br />LOTS'r. AND 3;
<br />DIRECTOR, CITY OF EVERETT DEPARTMENT OF
<br />1
<br />EASEMENT PROVISION . '•, :•• '.x., •+, •+,
<br />i
<br />•(5): AkESIDENTIAL SPRINKLER SYSTEM MUST BE INSTALLED IN COMPLIANCE
<br />PUNNING/COMMUNITY DEVELOPMENT
<br />• ' •_
<br />,•_
<br />_
<br />•..WITH NF STANDARD 13D FOR THE STRUCTURE ON LOT 1 DUE TO THE EXCESSIVE FIRE
<br />AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO-'TLL0UTLITIES AIjD'RHEIR
<br />RESPECTIVE
<br />ACCESSr EMERGENCY VEHICLES. THE RESIDENTIAL SPRINKLER SYSTEM MUST COME
<br />WITH R PROVISION FOR THE FIRE DEPARTMENT TO INSPECT THE
<br />SUCCESSORS AND ASSIGNS SERVING THIS SHC RT p T, UNDEWAND UPON •.
<br />THE EXTERIOR TEN FEET PARALLEL WITH AND ADJOINING THE'STREET FRONTAGE OF
<br />OIN
<br />SYSTEM PERIODICALLY,
<br />•• .ANNdALLY AT A MINIMUM;
<br />RECORDING CERTIFICATE A.F.NO.
<br />ALL LOTS, TRACTS AND COMMON AREAS IN WHICH TG INSTALL, LAM CONSTRtCT,
<br />RENEW, OPERATE AND MAINTAIN UNDERGROUND CONQUITS, CABIAM, PIPS AND'PRES
<br />WITH NECESSARY FACILITIES AND OTHER EOUIPMENT FOR THE PURPOSE QF SERVING
<br />THIS SHORT SUBDIVISION AND OTHER PROPERTf (. RTH'EI{CTRICITY, TELEPHONE
<br />AND OTHER UTILITY SERVICE, TOGETHER WITH' THE RIGHT' TO ENTER%UPON THE LOTS
<br />AT ALL TIMES FOR THE PURPOSES HFRFIN STATFn• P4ImniR THAT -IF A—PRIVA7F
<br />RGAU(S) SHOULD BECOME A PUBLIC R D(S),LT.SOME TMIE IN THE
<br />EASEMENTS WITHIN THE ROAD SHALL B COME•NIJOb AND VQID AND
<br />FACILITIES WHICH PHYSICALLY EXIST SEMLL B@COME'SUBJECS TO`JHI
<br />REQUIREMENTS OF THE CI . "' -
<br />'LEGAL'•. DESCRIPTION`•.
<br />THE•.NORTH•%9 FEET'QF TRACT 4'6%BE%6CY•ACREAGE TRACTS,
<br />ACCORDING TOU HE PLAT THEREOF RECORDED IN VOLUME 10 OF
<br />..PLATS, -PAGE W. IN SNDHOMISIN COUNTY, WASHINGTON;
<br />EXCEPT -THE WEST 250 FEET THEREOF.
<br />L-.
<br />EVER(6)
<br />ZONING CODERAND PER LOT SIZE AVERAGING UNDER SECTION 39.130 CITY OF
<br />• AS DESCRIBED BY TYPE SECTIIONC 5PING OF THE CITYOFEVERETT ZONINGOF C
<br />ODEMUSTSBE PING)
<br />INSTALLED PRIOR TO THE OCCUPANCY OF THE DWELLING ON EACH LOT.
<br />SURVEYORS CERTIFICATE
<br />THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER
<br />MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY
<br />RECORDING ACT, AT THE REQUEST OF MICHAEL J. KERR THIS 18TH DAY OF
<br />SEPTEMBER. 1997.
<br />REGISTRATION NO. 33125
<br />IPIO M. WALTON, P.L.S.
<br />REGISTERED PROFESSIONAL LAND SURVEYOR
<br />LAWO
<br />EXPIRES 3-11-99
<br />/ z- 9- 97
<br />FILED FOR RECORD AT THE R QUEST OF SCIPIO M. WALTON THIS _-ice DAY
<br />OF .0 h4" 1997, AT MINUTES PAST LQ �M., AND RECORDED IN
<br />VOLUME J OF SHORT PUTS ON PAGES RECORDS OF
<br />SNOHOMISH COUNTY, WASHINGTON.
<br />�0`01 ck A3:I\fitter .�.� 2•0
<br />AUDITOR, SNOHOMISH COUNTY BY. DEPUTY COUNTY AUDITOR
<br />CITY OF IMRM SHORT PLAT NO. 15-95 FOR
<br />MICHAEL J. KERR
<br />PORTION OF TRACT 48, BEVERLY ACREAGE TRACTS
<br />PORTION OF THE SW 1/4, NE 1/4, SECTION 12, T.28N., R.4E., W.M.
<br />CITY OF EVERETT, SNOHOMISH COUNTY, WASHINGTON
<br />
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