12115 19TH AVE SE 2016-01-01 MF Import

Return fo ; Public Scrviccs,City of Everett, 3200 Cedar,98201 evergit 761() W .O.„„_, fl )� Property ,Address 881/230334 8 8 COVENANT CONSENTING TO FORMATION OF A LOCAL IMPROVEMENT DISTRICT WHEREAS, Silver Lake Associates Ltd., Partnershf) hereinafter referred to as "Owner,” owns certain property within the City of Everett legally described as follows: Refer Exhibit "A" WHEREAS, Owner has applied for a permit from the City of Everett which under Ordinance 555-78 and subsequent arnendrnents thereto require certain improve- ments to be made to public rights of way as a condition to issuance of certain City permits; said Ordinances allow that the City Engineer may accept a covenant consenting to the formation of a local irnprovernent district in lieu of having Owner construct and install the required public improvements. WHEREAS, Owner's property and the adjacent public rights of way have been determined to require a covenant consenting to the formation of a local improve- ment district rather than having Owner make specific improvements. NOW, THEREFORE, in consideration of issuance of applicable City permits) pursuant to Ordinance No. 555-78 and subsequent amendments thereto and in lieu of certain public right of way improvements Owner consents to the formation of a local irnprovernent district hereafter formed by the City or its successors or other property owners for the public improvement of: SR 527 & 19th Ave. S.E. or a portion thereof including street improvements defined in Ordinance Nos. 555- 78 and subsequent amendments to include: The installation of all public facilities required to improve the street to City design standards including grading, drainage, pavement, curb/gutter, sidewalk, street lights, traffic signals and other necessary appurtenances. Such street improvements shall not be limited to the half street abutting the property; 1S. for example, where no permanent street improvement existed,' the street improvement shall be extended beyond the centerline a sufficient distance (10 ft. minimum) to permit safe movement of traffic. This Covenant consenting to the formation of a local irnprovernent district applies (and precludes legal protest) only to the formation of a local improvement district, Owner executing this document retains its, his/her or their rights under law to provide input on the proposed public irnprovernents to be accomplished by such local improvement district including nature and type of improvements as well as the proposed or final benefits and assessment therefor. The City shall deliver a signed release of this Covenant to Owner after completion of public improvements as described hereinabove through the formation of a local improvement district and after transmittal of the final assessment roll to the County of Snohomish pursuant to law. The City may not utilize this Covenant for the formation of more than one (1) local irnprovernent district. This Covenant consenting to the formation of a local improvement district shall be a covenant touching, concerning and running with the land and shall be binding on Owner's heirs, assigns or successors in interest. 1 2 3 0 33 4 -1- voL. 2189PAGL 0 :12 8-81