7207 EVERGREEN WAY DOMINOS PIZZA 2016-01-01 MF Import

.�� , i .. . �'' :'� CITY OF EVGRETT D�VELOPMENT AGFC.^•.MENT THIS AGRGL•S1SNT is entered into by A. A. Wexler and Gilda Wexler, hereafter called "Owner" for the benefit of thc City of Everett and the public health, safety and welfare. WITHN�SSGTH: WHEREAS, the above-referenced Owner holds full, riqht, title and interest to the following-described real estate situated within the City of Everett, Snohomish County, Washington: Lots 86, 87, 88 and 98, First Addition to Beverly Park, as per plat recorded in Volume 9 of Plats, page 17, records of Snohomish County, Washington. • Whereas, said Owner has requested the City �f Everett to issue a driveway permit to allow ingress and egress between Rainier Drive and the northeast corner of the subject property; and WHEREAS, said Owner recognizes that connecting the Village Square Shopping Center to Rainier Drive at the point indicated may cause an impact upon the traffic safety and the use and enjoyment of proper•cies abuttinq Rainier Drive, and that it would be in the interest of public health, safety atid welfare to anticipate and neutralize such impacts by entering into the development agreement for the Henefit of the City of Everett, Now, Therefore The Owner does hereby agree and covenant as follows: 1. The internal circulation and parking plan for the shoppinq center located on the above-described property, to the extent that it has a direct or indirect impac': on the vehicle use of public streets in the immediate vicinity, shall not be changed, designed or maintained in a manner that has not been previously approved by the City of Everett traffic engineer. � 2. If Rainier. �rive, between the,subject_�.pr.operty,and 75th Street (to the south) a�^'�nd.:the,'intersection of Rai.riier .Drive anda75th 5treet is improved and o.«... .. _, developed to the satisPaction�of the City, the driveway access for the subject pmperty shall be changed from the northeast corner thereof to the southeast corner thereof. The driveway at the northeast corner shall only be allowed to remain open if Rainier Drive is ultimately improved to provide a continuous street from Ttereve Drive to 75th Street. 3. This Agreement shall be construed as a covenant running with the land, and shall be binding upon the owners, their agents successors and assigns. llATED this �xLiihl� � 2 STATE OF WASHINGTON) )ss COUNTY OF SNOHOPIISH) day of A. A. Wexler � Gilda Wexler 1980. On this day personally appeared before me A. A. Wexler and Gilda Wexler to me known to be the individuals described in and who executed the within and foreqoing instxwnent as their free and voluntary act and deed and for the uses and purposes therein mentioned. GIVEN under my official hand and seal this day of ,1980 NOTARY PUBLIC In and for the State oP washington, residing at APYROVED: � CITY OF EVERETT �� '�'--- ._ BY: r