5410 FAIRVIEW AVE 2018-01-02 MF Import

Section 1. Recitals. 1.1. 1'he undersigned Grantor is/are the owner(s) of or has/have a subs�antial interest in d�e value, use, enjoyment, and occupation of the real properry described above ("Property>,). 1.2. The Grantce/Covenantee, the Ciry of Everett ("City") has a substantial interest in the environmental protection and safe use of lands within its borders, and in the health, safety and welfare of its citizens. 1.3. A portion of the above-described Property is located in a critical area and/or associ�ted buffer pursuant to the City's Zoning Code. 1.4. Before the City will issue any Permit for development activiry on the Property, this Declaration of Critical Area Covenant must be signed, acknowledged and i•ecorded in the records of Snohomish Counry as a restrictive covenant, restricting and limiting us� of tliat portion of the Properry representing a critical area and associated buffer, legally described as follo�vs: `� �� ( I � // �X� i bi �}- i n �/ 1.5. This Covenant concerns thc Grantor/Covenantor's use, occupation or enjoyment of the Property and benetits the �ity as Grantee/Covenantec. This Covenant is intended to biud succcsso�s and assigus and run with thc land. Section 2. Restrictimts on Occupation, Use, and Development of the Property 'I'hc following restrictions apply to thc occupation, use and development of the Critical Area: 2.1. All vcgetation including u•ces, shrubs aud ground covcr which exists within the area described Uelow shall remain in its natural state and sl�all not be disturbed; and 2.2. There shall be no cutting, rcmoval, cicaring or modification of any vegetatiou �vithin lhc Crilic�il Arca unless appro��ed by thc City of L��crett; and