5530 EVERGREEN WAY 2018-01-02 MF Import

� Return 1'0 ; PuUlic Services ,City of lverett: , 3200 Cedar,98201 � t ', U / W.O. /i everett `y �j�0—EUL•E'G.E'EE� C� � Property Address � ~ COVHNANT CONSENTING TO FORMATION O OF A LOCAL IMPROVEMBNT DISTRICT C7� O Q WHEREAS, [30LSER EP�TERPRISES hereinafter r•{ referred to as "Owner;' ow�ns certain property within the City of Everett legally � described as follows: �• Lots �, 10, 11, Block 3, Beverly Hills Division No. 4, according to the plat thereof recorded in Volume 10 of Plats, page 97, records of Snohomish County, Washington. WHEREAS, Owner has applied for a permit from the City of Everett which Z under Ordinance 555-78 and subsequent amendments tl�ereto require certain improve- � ments to be made to public rights of way as a ccnditiun to issuance of certain City �, permits; said Ordinances allow that the City Engineer may accept a covenant consenting �^ to the formation of a local improvement district in lieu of having Owner construct and install the required public irriprovements. '_� � .. -� WHEREAS, Owner's property and the adjacent put�lic rights of way have �^ r=., been determined 4o require a covenant consenting to the forrnation cf a local improve- c o ment district rather than having Owner make saecific improvements. m o -i c os NOW, THHREFORE, in consideration of issuence �f applicable City permit(s) � Z pursuant to Ordinance No. 555-78 and subsequent amendments thereto and in lieu ,�_„� of certain public right of aay improvements Owner consents to the formation of ,� _ a local improvement district hereafter formed b,y the City or its successors or � V; � _ ather property ov��ers for the public improvement of: ( .. ... --i N Flemin9 Street �� o A ..�• ',� i �-�'�-'. , � � 3 —� m x , . m .. or a portion thereof induding street improvements defined in OrdinanCe T�as. 555- '^ 78 and cubsequent amendments to include: � � N - 3 �n The installation of ail puolic facifities required to improve � ' . . , z n the street to City design standards including grading, drainage,• �;':,•••••" � � D pavement, curb/gutter, sidewaik, street lights, 2raffic signals ''� ,'. � m and other necessary . �pur4enances. Such streetimprcvements = shall not be limited ,*.o tt�e half street abutting the property; Z for example, where no permanent. street improvement existed, the street improvement shall be extended beyond the centerline s a sufficient distance (LO ft. minimum) to perniit safe movement �`i� of traffic. _ 0 -� • 'fhis Covenant consenting to the 3ormation of a local improvement district m applies (and prEdudes legal protestj only to the formation of a local improvement district, (Jwner executing this document retains its, his/her or their rights under law to provide input on the proposed public im�rovements to be accomplished by such local improvement district including nature and type of impravements as we11 as ihe proposed or final benefits and �ssessment tHerefo�. The City shall deliver a signed release of this Covenant to Owner after comp!etion of pub!ic improvements as described hereinabove through the formation of a local improvement district and after transmittal of the final assessrrient roll to the County of Snohomish pursuant to law. The City may not utilize this Covenant for the ;ormation of more than one (1) local improvement district. 1'his Covenant consenting to the formation of a local improvement district shall be a covenant touching, concerning and running with the land and shall bc� ': binding on Owner's heirs, assigr�s or successors vn interest. ' ;�. e i: n �: ;1! �i' VOL ig66PAGEi'];{.� :8��1oo9or � 2 -1- , . , ; , , . 8-Rl