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7805 40TH AVE W 2022-05-12
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7805 40TH AVE W 2022-05-12
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Last modified
5/12/2022 1:23:37 PM
Creation date
5/9/2022 8:08:50 AM
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Address Document
Street Name
40TH AVE W
Street Number
7805
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r � <br /> 4 <br /> Section 1. Recitals. <br /> 1.1. The undersigned Grantor is/are the owner(s) of or has/have a substantial interest in <br /> the value, use, enjoyment, and occupation of the real property described above <br /> ("Property"). <br /> 1.2. The Grantee/Covenantee, the City of Everett ("City") has a substantial interest in the <br /> environmental protection and safe use of lands within its borders, and in the health, safety <br /> and welfare of its citizens. <br /> 1.3. A portion of the above-described Property is located in a critical area and/or <br /> associated buffer pursuant to the City's Zoning Code. <br /> 1.4. Before the City will issue any Permit for development activity on the Property, this <br /> Declaration of Critical Area Covenant must be signed, acknowledged and recorded in the <br /> records of Snohomish County as a restrictive covenant, restricting and limiting use of that <br /> portion of the Property representing a critical area and associated buffer, legally <br /> described as follows: 6EE 60 0IT sg <br /> SEC 10 TWP 28 RGE 04. FROM SW COR NE1/4 SW1/4 RUN N 264FT TO TPB TH N 528FT TH <br /> E 330FT TH S 528FT TH W 330FT TO TPB LESS S 264FT SUBJ TO AVIGATION ESE TO USA <br /> & R/W ESE PUD 1 & LESS W 30FT THOF TOCITY OF EVE SWD REC AFN 8207280221. SD R/ <br /> W TO CITY EVE REVISED & PTN RETAINED BY CITY EVE PER DEED REC AFN <br /> 200211250252 & R/W PTN VACATED PER REC AFN 200211250253. <br /> 1.5. This Covenant concerns the Grantor/Covenantor's use, occupation or enjoyment of <br /> the Property and benefits the City as Grantee/Covenantee. This Covenant is intended to <br /> bind successors and assigns and run with the land. <br /> Section 2. Restrictions on Occupation, Use, and Development of the Property <br /> The following restrictions apply to the occupation, use and development of the Critical <br /> Area: • <br /> 2.1. All vegetation including trees, shrubs and ground cover which exists within the area <br /> described below shall remain in its natural state and shall not be disturbed; and <br /> 2.2. There shall be no cutting, removal, clearing or modification of any vegetation within <br /> the Critical Area unless approved by the City of Everett; and <br />
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