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WITNESSETH <br />WHEREAS, the undersigned Grantor(s)/Covenantor(s) is/are the <br />owners) of or has (have) a substantial interest in the real <br />property legally described above ("Property"); and <br />WHEREAS, Owner(s) applied to the City of Everett for permission <br />to construct an accessory building that would be accessory to <br />single family use; and <br />WHEREAS, the Grantee/Covenantee, the City of Everett, ("City") <br />has a substantial interest in the safe and effective use of lands <br />within its borders and in the health, safety and welfare of its <br />citizens; and <br />WHEREAS, the Planning Director has the authority to allow <br />detached accessory buildings to exceed fifteen feet in height <br />subject to the provisions of EMC 19.7.020; and <br />WHEREAS, pursuant to EMC 19.7.020(1), the applicant made <br />application to the City seeking the construction of a detached <br />accessory building to a single family residence that would exceed <br />fifteen feet in height; and <br />WHEREAS, the City of Everett Planning Director has approved said <br />application subject to the applicant complying with all <br />conditions of approval and recording a covenant acceptable to the <br />City Attorney's Office per the provisions of EMC <br />19.7.020(J)(2.c); and <br />WHEREAS, before the City will issue any permit or approval for <br />the construction of a detached accessory building to a single <br />family residence that would exceed fifteen feet in height this <br />Covenant must be signed, acknowledged and recorded in the records <br />of Snohomish County as a restrictive covenant, restricting use by <br />placing conditions on the permission to construct said detached <br />accessory building; and <br />WHEREAS, this Covenant concerns the Grantor/Covenantor's use, <br />occupation, enjoyment, or development of the Property and <br />benefits the City as Grantee/Covenantee. This Convenant is <br />intended to bind successors and assigns and run with the land; <br />NOW, THEREFORE, Owner(s) agree(s) to abide by restrictions on <br />occupation, use, enjoyment and development of the Property as <br />follows: <br />