4812 HARBOR LN 2018-01-02 MF Import

190507OZ44 FV 05/07/99 � p.0003 Recorded Snohomish CountY oft COVENANT WAIVER OF CLAIMS AGAINST CITY OF EVERETT TO WHOM IT MAY CONCERN: TO POSTING COPY OCi 1 x loon ORIGINAL ON FILE IN THE COUNTY AUDITOR'S OFFICE Notice is hereby given that Gary and Janet Mahan, Owners of the following described tract of land, situated in Snohomish County, State of Washington: Lot 16, Replat of Lot ' X ', Darlington, according to the plat thereof recorded in Volume 9 of Plats, page 50, in Snohomish County, Washington. Except that portion thereof described as follows: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 16: THENCE S27 45'35"E 113.55 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE N89 28V ALONG THE SOUTH LINE THEREOF 16.00 FEET; THENCE N22 3911"W 64.22 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE, OF WHICH THE RADIUS CENTER BEARS N67 20'29"E 108.88 FEET, THROUGH A CENTRAL ANGLE OF 6 DEGREES 06-54" FOR 43.64 FEET TO THE NORTH LINE OF SAID LOT 16; THENCE S89 28'E 2.49 FEET TO THE TRUE POINT OF BEGINNING. Do hereby convey and declare a wavier of claims against the City of Everett, its officers, employees and agents and indemnifies the City of Everett (including reasonable attorney's fees), defends and saves the City of Everett, its officers, employees and agents harmless from any loss or damage to people or property either on or off the subject property resulting from any form of soil movement whatsoever and/or from any form of failure in design and/or construction of the improvements thereon whatsoever; provided, nothing herein shall require the Owners to indemnify the City of Everett, its officers, employees and agents from claims caused solely by the negligence of the City, its officers, employees and agents, and provided further, that if the claims are caused by or result from the concurrent negligence of (1) the Owners, their heirs, successors, assigns and agents, and (2) the City, its officers, agents and employees, the indemnity provisions provided herein shall be valid and enforceable only to the extent provided by law. And hereby acknowledge the presence of environmentally sensitive features on the property permitting development activity on the above -described property that a portion of the above - described property which is legally described below is hereby designated as an environmentally sensitive area in accordance with the provisions of the City of Everett's Zoning Code and has been recorded with Snohomish County, Washington. The environmentally sensitive area of the above -described property is legally described as follows: "Mr