3501 COLBY AVE 2018-01-01 MF Import

r I � � 7884 PROTECTION OF CITY RIGHT-OF-WAY AGREEMENT 35th Street Commereial Aecessway THIS ACREEMENT entered into this day of April, 1981, by and between the City of Everett, a municlpal corporation under the laws to the State of Washington, hereinafter referred to as "CITY", and JACK H. WHITELEY AND IRIS CLAAE WHITELEY, husband and wife, d/b/a TANGLIN, hereinafter referred to a� "TANCLIN." WITNESSETH: WHEREAS, TANCLIN deaires to use a portion of the CITY right-o:-way for purposes of constructing a pedestrian accessway at 35th Street ad�acent to the TANGLIN building at Colby Street elevation. WHEAEAS, the portion 5'-0" in width of the CITY right-of-way which TANGLIN desires to use is deseribed as an area lying ad�acent to and immediately northerly of the fol.lowing described property: PARCEL A: LOTS 2 to 9 ZNCLUSIVE, HLOCK 7, FAIDAY'S FIRST ADDITION TO EVERETT, according to plat thereof recorded in Volume 3 of Plats, page 3u, records of Snohomish Count,y, Washington; EXCEPT the West 15 feet thereof. PARCEL B: LOT 1 � BLOCK 853, PLAT OF EVERETT, DIVISION "H"� according to plat thereof recorded in Volume 4 of Plats, page 50, records of Snohomish County, Washington; EXCEPT any portion thereof taken by the City of Everett for widening of Colby Avenue. NOW, THEREFORE, TANGLIN agrees as follows: 1 . Tanglin agrees to use only that portion of the CITY right-of- way which is described above and the area above such described right-of-way. 2. TANGLIN agrees to submit to the CITY plans which cover all work which TANGLIN does on CITY right-of-way and to have said plans . approved by the CITY prior to commencement of any work thereof, such approval not to be unreasonably withheld. -1- �. , :u.,., Y! .a �.�.� .w „��.,5'.H..+-'7,-�T:�'L..,� . . _ _- . . .�_