1706 112TH ST SE 2018-01-02 MF Import

t ri W.O. fl Property Address COVENANT CONSENTING TO FORMATION OF A LOCAL IMPROVEMENT DISTRICT WHEREAS,after referred referred to as "Owne ;"owns certain property within the City of Everitt legally described as follows. Zi WHEREAS, Owner has applied for a permit from the City of Everett which tihder Ordinance No. 555-78 and Ordinance No. 665-80 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 improvement district in lieu of having Owner construct and install the regt sed public improvernents when, in the opinion of the City Engineer, certain actuo . improvements are not desirable due to known or perceived physical problems of the need for more comprehensive 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 Improvement district rather than having Owner make specific improvements. . NOW, THEREFORE, in consideration of issuance of applicable City permit(s) pursuant to Ordinance No. 555-78 and Ordinance No. 665-80 and in lieu of certain public right of way Improvements Owner consents to the formation of a local improvement district hereafter formed by the City or its successors or other property owners for the public improvement of: or a portion thereof including street improvements defined in Ordinance Nos. 555-78 and 665-80 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 neces- sary appurtenances. Such street improvements shall nct be limited to the half street abutting the property, for example, where no per- manent street improvement existed, the street improvement shall be extended beyond the centerline a sufficient e'istance (10 ft. minimum) to permit safe movement of traffic. This Covenant consenting to the formation of a local improvement 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 or to make objection to the scope of the proposed public improvements to be accomplishzd 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 flnal nssessment role to the County of Snohomish pursuant to law. The City may not utilize this Covenant for the formation of more than one (1) local improvement district. This Covenant consenting to the formatlon of a local improvement district shall be a covenant touching, concerning and running with the Innd and shall be binding on Owner's heirs, assigns or successors in interest. -1- 9 so