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WITNESSETH <br /> WHEREAS, the undersigned is/are the owner (s) of or has/have a <br /> substantial interest in the real property legally described <br /> above ("Parking Site") ; and <br /> WHEREAS, EVERETT AVENUE HMB LLC, hereinafter referred to as <br /> "Applicant" is the owner of the Use/Building Site within 0 feet <br /> of the Parking Site. The Use/Building Site is legally described <br /> as follows: <br /> BEGINNING AT THE NORTHWEST CORNER OF WALNUT STREET AND EVERETT <br /> AVENUE; THENCE WEST 154 . 5 FEET TO TRUE POINT OF BEGINNING; <br /> THENCE NORTH, PARALLEL TO THE WEST LINE OF WALNUT STREET, FOR <br /> 120 FEET; THENCE WEST 39. 7 FEET; THENCE SOUTH 120 FEET; THENCE <br /> EAST 40 FEET TO THE TRUE POINT OF BEGINNING; ALL IN SECTION 20, <br /> TOWNSHIP 29 NORTH, RANGE 5 EAST, W.M. <br /> WHEREAS, the Applicant has applied to the City of Everett for a <br /> land use approval, but Applicant' s Use/Building Site is not <br /> large enough to meet the Zoning Code' s requirements regarding <br /> the number of off-street parking spaces needed to serve the use <br /> on the Applicant' s lot; and <br /> WHEREAS, the Applicant has proposed for providing parking that <br /> will serve the use on Applicant' s lot at an off-site location, <br /> namely on Owner' s Property; and <br /> WHEREAS, the Grantee/Covenantee, the City of Everett ("City") <br /> has a substantial interest in the effective and safe use of <br /> lands within its borders, and in the health, safety and welfare <br /> of its citizens; and <br /> WHEREAS, the City has an interest in ensuring safe travel along <br /> City streets and in minimizing traffic congestion that may be <br /> associated with inadequate provision for parking by property <br /> owners; and <br /> WHEREAS, before the City will issue the land use approval, <br /> pursuant to EMC 19. 34 . 060 (D) , the Owner of the Parking Site <br /> where the parking will be located shall execute a covenant in a <br /> form acceptable to the City Attorney; and <br /> WHEREAS, this Covenant states that the property on which the <br /> parking will be located is devoted in whole, or in part, to <br /> parking that serves the use on Applicant' s lot, and this <br /> Covenant must be signed, acknowledged and recorded in the <br /> S <br />