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Scction One: Recilals <br /> 1 . 1 . The uroaersi.�ned is (are) th� oi�rner (s) (Oa:ner (�) ) of or has <br /> (have) a suUstantial beneficial intei�st in the value, use, <br /> enjoyment, and occupation of the real property described abo�ze <br /> (FroheLCyl ; <br /> 1 .2 . The City of Everett (City) has a substantial beneficiai <br /> interest in the effective and safe use of lands i•rithin it� <br /> borders, and in the health, safety, and welfare of i.ts citizens; <br /> 1 . 3 . The Property is located in an environmentally sensiLi•�� <br /> area more specifically defined as a '�geologically hazardous area' <br /> in Chapter 19. 37 of the Gverett Piunicipal Code; <br /> 1 . 9 . "Geologically hazardous areas" are known by the City and <br /> undersigned to Lie subject Lo landslides and other soils movement <br /> that may resu].t in the damaqe or destruction, in whole or .i �� <br /> part, of any huilding, structure, d�•ielling, or lands �•�ithin oi. <br /> adjacent to such areas; and <br /> 1 .5 . This Declaration is t:o be signed, acl;n�wledged and recordeu <br /> in Lhe records of Snohomish County as a restrictive covenant: , <br /> restricting and li�niting use of geologically hazardous propert_, <br /> that shall run with the land, before the City �•�ill issue an'; <br /> Permit (s) to �3o an}� work ��n propert}� containina a "ge<�1o�i.ca11;� <br /> hdaai�ioti� ;-iic:li . <br /> Sectiou '1'�ro• Rc�irictions on Occupaliun. Usc. .md Uc�•clonmcnt uf Ihc <br /> Prol>crh� <br /> 2 . 1 . '1'he I'roperCy may not be occupied, used or deve.lcped, <�r <br /> residenti.al or commercial building, structure, or di•relling L��_ <br /> erected or construcled on the Property, �aithout first obtaininci <br /> the Permit (s1 from the Cit,. <br /> 2 .2 . 1'he City iaill not i.ssue any Permit (s) to Owner of Fr.operC ,� <br /> unless and until Ormer signs a conlractual agreement (Agreement � <br /> �aith the City expressly providing 'that : <br /> 2 .2 . 1 . Owners (s) and his/her (their. ) heir (s) , successor (s) , <br /> legal representative (s) and assign (s) shall provide, design, <br /> construct, erect, mainl-ain, repair, rebuild, or improve such <br /> structure (s) , building (s) , barriers (s) , or dwelling (s) as is <br /> reasonably necessary to prevent, control or. avoid damage from the <br /> adverse impacts from soils movement within or ad-jacent to tl;e <br /> Property, whether caused by Owners (s) and his%her (their) <br /> heir (s) , successor (s) , 1e9a1 representative (s) , anct assign (sl or <br /> otherioise, for the continued use and enjoyment of- the ProE�erty; <br /> 2 .2 .2 . Tt is lhe sole burden and responsibility oi <br /> ��i�:n��i :� l�� i ����.1 hi.s!h�r (thc�ir) heir (s) , successoi (sl , leqal <br /> , <br /> L <br /> \ <br /> �`� <br />