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r t <br /> e r <br /> thence West 1253.43 feet to the true point of beginning; Also <br /> except the following described tract: <br /> Beginning at the NW corner of said Section 1: thence S 1° 22' <br /> 22" E along West line thereof 581.53 feet; thence East <br /> 919.39 feet to the true point of beginning; thence North <br /> 178.59 feet; thence East 338.30 feet to Westerly line of <br /> Maple Heights Road; thence Southerly along Westerly line of <br /> said road 188.90 feet; thence West of 393.44 feet to the point <br /> of beginning. <br /> Situated in the County of Snohomish, State of Washington; <br /> and <br /> WHEREAS, the property owner for the subject property has requested an <br /> amendment to the concomitant agreement authorizing the site to develop with a <br /> revised site plan and landscaping concepts; and <br /> WHEREAS, the Hearing Examiner has recommended approval of the <br /> amendment to the concomitant agreement to the Everett City Council; <br /> NOW, THEREFORE, the City of Everett does ordain: <br /> Section 1: Section 2 of Ordinance No. 769-81 adopted a preliminary <br /> concomitant agreement for the PRD rezone, dated April 10,1981, which was <br /> superseded by the final concomitant agreement dated January 28, 1983. These <br /> agreements are attached hereto as Exhibits "2" and "3" and incorporated herein <br /> by reference. Section 2 of Ordinance No. 769-81 is hereby amended by the <br /> adoption of Exhibit "1", an addendum to the concomitant agreement, which is <br /> attached hereto and incorporated herein by reference which supersedes and <br /> replaces Exhibit "2" and Exhibit "3" in their entirety. <br /> Section 2: Any use of the property that is inconsistent with Ordinance No. 769- <br /> 81, as amended, and the terms and conditions of Exhibit "1" shall be considered <br /> a violation of the City of Everett Zoning Code. Any such violation shall be <br /> subject to all enforcement provisions of City Codes. <br /> Section 3: The City Clerk of the City of Everett is hereby instructed to file a duly <br /> certified copy of this Ordinance including exhibits with the Auditor of Snohomish <br /> County, Washington. <br /> Section 4: Severability. If any section, subsection, clause, phrase or any <br /> portion of this ordinance or the attached addendum is for any reason held to be <br />