2121 MAIN ST 2016-01-01 MF Import

everett � � W.O. //_ 2 I 2 v /�'o. FS /iJ�l.n/ Propert�� Address COVENANT CONSENTING TO FORMATION OF A LOCAL IMPROVEMENT DISTRIC't /�'C.y,�;.e.t.� � �e.f"cL� C� ' . WHEREAS, S ' �d � i �. � -� C� �' � , herein- after reterred to as "Owner;' owns certam property within e City af Everett legetly described as follows: ''�>,{.S'i �/z Or [orS Foc�o ' � �/1 G-� i/ UJGl�7, p�= i[/lr5, � ' Z tiG.�� . � �. /�tpU� 2�/ f�ilr v� �ow�.cc. ,Q.�[o�eos Of S.vvih�m�si,�- .. � ,�' '��`� `�, {VHP.REAS, Owner has applied for a permit from the City ot Everett which '.•�� .. • / y,qider Ordinance No. 555-78 and Ordinance No. 665-80 require certain improve- ments to be made to publie rights of way es a condition 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 irstall the required public improvements when, in the opinion af the City Engineer, certain actual improvements are not desirable due to known or percetved physical problems or the need for more comprehensive Improvements; WHEREAS, Owner's property end the adjacent public rights of way have been determined to require a covenant consenting to the formetion of a local improvement district rather than having Owner make specific improvements. _ NOW, THEREEORE, in consideration of issu.uice of applicable City permit(s) pursuant to Ordinance No. 555-78 and Ordinance No. 665-80 and in lieu of certain public right of way improvements Owner consents to the formation of a locnl improvement district hereafter formed by the City or its successors or other property owners for the public improvement of: /I /! N r' Or � /I N �I on/ [� /17/lin/ S i _ _ _ or a pc,rtion thereoY including street impruvements defined in Ordinance Nos. 555-78 and 665-80 to include: Th�; installatirn of all public facilities required to improve the street to .City desigr standards including grading, drainage, pavement, curb/gutter, sidrwalk, street lights, traffic signels and other neces- sary appurtenances. Such street improvements shall not be limited to the half' street atutting the property; for example, where no per manent street improvement existed, the street improvement shall be extended beyond the centerline a suFficient distance (10 ft. minimum) to permit safe movem��nt of traffic. This Covenant consentinq to the formation of a local improvement district applie� (and precludes legal prot�st) only to the formation of a local improvement district, Owner executing this d�•cument retaina its, his/her or their rights under ]aw to provide input or to make objectiort to the scope ot the proposed public improvements to be accomplished by such local improvement district including nature and type of improvements as well es the propased or finel benefits and �ssessment therefor. The City shall deliver a signed release of this Covenant to Owner after eompletion of public improvements as described hereinabove through the formntion ai s local improvement district and after transmittal of the tinal assessment role to the Caunfy af Sn•_homish pursuant to lnw. The City may not utilize this Covenant for the formation of more than one (1) loca2 improvement district. This Covenant consenting to the for�:�stion of a local improvement district shall be a covenant touching, cancerning and running with the land and shall be binding o� Owner's heirs, essigns or suecessors in interest. -1- � . e•ao