906 SE EVERETT MALL WAY BASE FILE 2018-01-01 MF Import

fl� EXCISE TAX � REQUIREa �cT B • t98T, .�w. �... �. 8�xx�,o�� . DECLARATION of COVENANT and GRANT OF EASGMENT Tnis DECLARATION of COVENANT, with its ccnditions, limitations, restriction, and easements, si�all consl;itute a covenant to run with the land both as to the parcel benefited and as to the parcel burdened, and shall be binding upon all successors in interest and parties �:laiming throug;� the grant herein described, and shall be for the benefit of and limitation upon all future own�:rs and Grantees of the respective Parcels of land and ��remises described herein. The purpose of chi.s DECLARA'TION of COVENANT and GRANT OF EASEMENT shall be and is exclusively for the ereation of a legally described pareel of �roperty to serve as an area separ2tior: for fire prote�:tion purposes, and to assure that said re;�uired area of separation will be maintained between any strvetures which may be con;structed within the bcundaries of a building set-back requirement created for the purpose of fire protection. Whereas, the owner of Parcel A, legally described on Exhibit A attached hereto, desires to construct a building to be located on the easterly property line of f'arcel A without a set-back from said property line; and Whereas, the City of Everett requires a bui�ding to be set-back from the property line a specified disi:ar,ce in order to maintain an area separation for fire protection purposes; or in tiie alternative a"no build" re:;triction must be placed on the property adjacent to a building constructed without the required set-back suffi.cient to legally assure the City of �verett that no building structure will be built within the deseribed ��no-build" area on the neighboring property in order to maintain the �equired area separation for said fire protectiun purpose; and Whereas, the owner of Parcel B, legally described or. Exhibit B attacher] hereto, is willing to encuinber said Parcel B with a covenant and easement for the Bene;`it Parcel A whieh prohibits constructing a buildin� wi.thin the deseribed '�no-build" area of restriction, herein 'identified as Yarcel C, and legally described as Exhibit C attached hereto. Therefore, the Parties Agree As Follows: 1. The undersigned Covenantor and Grantor hereby covenants to establish the area described as Parcel C trYierQin the undersigned owner of Parcel B now covenants to r�t• build any aboveground buildin@ within the boundaries of said Parcel C; and further covenants to reserve and restrict said Parcel C area as an area separation for fire protection pnrposes for the benefiL � Parcel A, its owners and their suacessors in interests. i; ,enantor does hereby =stablish this covenant, the burden which shall run with the land describecl as Pareel B, and the benefit of which shall run with the land described as Parcal A. 2. The undersigned Covenantor and Grantor hereby grants an easement for access, ingress, and egress over and across the land described in Parcel C as a non-exclusive easement appurtenant to Pareel A solely for the purpose of fire protection access by the owners and agents of Parcel A and any governmental jurisd��tion providing fire protection services to Parcel A.