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y rOrH <br />H <br />y�xlA <br />HY� <br />HZH <br />13, <br />En H <br />yz <br />'Oa <br />Hag <br />>Hz <br />st�yy H H <br />Oy <br />n Cl to <br />t2J <br />zHtn <br />H3otn <br />JULIAN C. OEWELL <br />WILLIAM W. BAKER <br />THOMAS R. COLUNS <br />G. DOUGLAS FERGUSON <br />H. SCOTT HOLTE <br />ROBERT B. WIV.OUGHBY <br />GLENN PAUL WPENTER <br />LEE B. TINNEY <br />BRADFORD N. CATTLE <br />HAND DELIVERED <br />LAW OFFICES OF <br />ANDERSON HUNTER <br />A Professional Service Corporation <br />3305 OAKES AVENUE <br />PO. BOX 5397 <br />EVERETT. WASHINGTON 982 <br />12061252-5161 <br />FACSIMILE 1206I 250-3M5 <br />July 31, 1989 <br />Gerry Ervine <br />City of Everett Planning Dept. <br />2731 Wetmore Avenue <br />Everett, WA 98201 <br />1.11 TIM <br />JUL -1989 <br />CITY OF E'VERETT <br />Planning Dept. <br />VICKIE K. NORRIS <br />VIRGINIA CELLA ANTIPOLO <br />JEFFREY H. CAPELOTO <br />TODD R. STARREL <br />WON S. OKRENT <br />O. D. ANDERSON 110921901) <br />JAMES P. HUNTER 11915.19081 <br />Re: Bay Ridge Developement/Shelter Pointe Apartments <br />Dear Gerry: <br />Pursuant to your request, I have reviewed the language in <br />Resolution No. 3197 for the purposes of drafting a covenant that <br />can be recorded to implement the maintenance responsibility with <br />respect to the pedestrian access to 24th Drive S.E. The purpose <br />of this letter is to propose the language that would accomplish <br />that requirement. However, I don't believe it would be <br />appropriate to have Bay Ridge Development execute that covenant <br />until the City Council action becomes final and not subject to <br />further appeal. It is my understanding that this matter will be <br />forwarded to the Department of Ecology, and there is still an <br />additional period to run. <br />However, for the purposes of your submittal to the Department of <br />Ecology, I would propose the following language be incorporated <br />into a covenant to be signed by Bay Ridge immediately after the <br />City council's action becomes final by the expiration of the <br />appeal period. <br />The language that I propose is as follows: <br />COVENANT. <br />"Bay Ridge Development, Inc., as owner of the real property <br />legally described in Exhibit "A" attached hereto and <br />inc porated herein by this reference hereby agrees to <br />maintain the pedestrian access connecting to the public right <br />of way of to 24th Drive S.E. including, but not limited to, <br />