421 85TH PL SW 2018-01-02 MF Import

� �•7 M. f1_1 DECLARA`1'ION OF COVENANT THI DECLARATION is made and entered into this opk?ay of ✓ , 1983, by LINCOLN NORTH SATELLITE LIMIT PARTNERSHIP ("LINCOLN"), a Washington limited partner- ship, nd the CITY OF EVERETT ("CITY"%, a municipal corporation. Recitals 1. LINCOLN is the owner of the real property and im- provements thereon described in Exhibit A attached hereto and incorporated herein by this reference ("Woodside Crossing"). 2. LINCOLN has agreed to convey a portion of Woodside Crossing as described in Exhibit- D, attached hereto and in- corporated herein by this reference (the "Conveyed Property"), to the CITY for purposes of improvement of the southeast corner of Iiardeson Road and Casino Road. 3. The CITY has determined that, notwithstanding the conveyance of the Conveyed Property, Woodside Crossing does not violate any yard, bulk, or density requirements presently applicable to Woodside Crossing pursuant to Title 19 of the Everett Municipal Code. NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto covenant and agree for themselves and their successors, grantees, and assigns as follows: Covenants 1. 7,oniny Code lequirements. The CITY agrees that Woodside Crossing shall not by virtue of: conveyance of the Conveyed Property be in violation of any yard or setback re- quirements, bulk requirements, or density requirements presently applicable to Woodside Crossing pursuant to Title 19 of the Everett Municipal Code. 2. Area and Distance Measurements. The CITY agrees that all measurements and calcu— 1 ons of area and distance on Woodside Crossing for purposes of determining compliance with Title 19 of the Everett Municipal Code shall be based on the original boundary lines of Woodside Crossing as described in Exhibit A. 3. Covenants To Run With the Land. The covenancs herein contained shall run with the land and Elie rights and obligations of the parties herein shall inure to the benefit of and be binding upon their respective successors, grantees and assigns. EXECUTED the day and year first above written. N 0 .f W cv r,V. �1 LINCOLN NORTH PARTNERSHIP, a Washington By Linc In P al Wa ling By SATELLITE LIMITED limited partnership ty Company No. 513, imited partnership J.C.I CITY 0'. EVERETT Its tyj/aY,rZ Mahgging Partner 8307140217 -I- vat. i7JirAu2922