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C 0 <br />05/07/99 COPY <br />S/07/11:15 <br />S.0003 <br />nohomishcordeCounty ORIGINAL ON FILE IN THE <br />COUNTY AUDITOR'S OFFICE <br />ENVIRONMENTALLY SENSITIVE AREA OCT 1 2 2ppp i4 <br />PROTECTIVE COVENANT <br />POSTING <br />TO WHOM IT MAY CONCERN: <br />Notice is hereby given that Gary and Janet Mahan, Owners of the following described <br />tract of land, situated in Snohomish County, State of Washington: <br />Lot 16, Replat of Lot "X", Darlington, according to the plat thereof recorded in Volume 9 <br />of Plats, page 50, in Snohomish County, Washington. <br />Except that portion thereof described as follows: <br />BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 16: THENCE S27 45'35"E <br />113.55 FEET TO THE SOUTHEAS T CORNER THEREOF; THENCE N89 28'W ALONG <br />THE SOUTH LINE THEREOF 16.00 FEET; THENCE N22 3911 "W 64.22 FEET; THENCE <br />NORTHWESTERLY ALONG THE ARC OF A CURVE, OF WHICH THE RADIUS CENTER <br />BEARS N67 20'29"E 108.88 FEET, THROUGH A CENTRAL ANGLE OF 6 DEGREES 06'54" <br />FOR 43.64 FEET TO THE NORTH LINE OF SAID LOT 16, THENCE S89 28'E 2.49 FEET <br />TO THE TRUE POINT OF BEGINNING. <br />Do hereby covenant and declare that in consideration of the City of Everett permitting <br />development activity on the above -described property, that a portion of the above -described <br />property, which is legally described below, is hereby designated as an environmentally sensitive <br />area in accordance with the provisions of the City of Everett's Zoning Code. All vegetation <br />including trees, shrubs and ground cover which exists within the area described below shall remain <br />in its natural state and shall not be disturbed. There shall be no cutting, removal, clearing or <br />modification of any vegetation within said area unless approved by the City of Everett. <br />The environmentally sensitive area of the above -described property is legally described as follows: <br />THE AREA WEST OF THE DECK OF THE PROPOSED KESIDENCE (APPROXIMATELY <br />THE WESTERLY 150 FEET) OF LOT 16, REPLAT OF LOT "X", DARLINGTON, <br />ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 50, <br />IN SNOHOMISH COUNTY, WASHINGTON. <br />This covenant shall run with the land and be binding upon the undersigned Owners and their <br />respective successors and assigns. <br />This covenant shall not be modified or terminated without the express written consent of the City <br />of Everett Director of Planning and Community Development. The undersigned Owners hereby <br />authorize the City of Everett Director of Planning and Community Development or his/her <br />