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r <br />r <br />r <br />� <br />�'V <br />N <br />c <br />r-1 <br />O <br />Q` <br />O <br />�'\l <br />� <br />evcrctt <br />e <br />I'.cturn fu <br />I'uhlic ticrt•ires,Cit�� of l.�•crctt, �'OD Ccdar,98201 <br />W.O. // <br />304 A9;h St. S,I:, <br />Property Address <br />COVENANT CON52NTING TO FORMATION <br />OF A LOCAL IMPROVEMENT DISTRICT <br />WHEREAS, �ENE xeHT hereina[ter <br />refcrred to as "Owner," owns certain property within thc City oi Everett Icgally <br />described as follows: <br />I,o'r s i�i.n•r or noi.i.v cue: r <br />t:�coKos or• sNotionusn couN•rv <br />WHEREAS, Ownei has �pplicd tor a permit from the City ot Everett which <br />under Ordinance 555-78 and subsequent amendments thereto require certain improve- <br />ments to be made to public rights of way as a condition to issuance ot certain City <br />permits; said Ordinances allow that the City Engineer may accept a covenant consenting <br />to the tormation of a local improvernent district in lieu o[ having Owner eonstruct <br />and install the required public improvements. <br />WHEREAS, Owner's property and the adjacent public rights of way have <br />6een determined to require a covenant consenting to the formation oi a local improve- <br />ment district rather than having Owncr make specific improvements. <br />NOW, THERGFOR[, in consideration o[ issuance o( applicable City permit(s) <br />pursuant to Ordinance No. 555-78 and subsequcnt amen�ments thereto and In lieu <br />of certain public right of way improvements Owner consents to tlie formation of <br />a local improvement district hereatter formed by the City or iis successors or <br />other property owncrs tor thc public improvement o[: <br />3rd Avenuc S.ii. anJ i:9th titrcM S.f:. <br />or a portion thereo[ including street improvements detined in Ordinance Nos. 555- <br />78 and subsequcnt amendments to include: � <br />The installation o[ all public facilities required to improve <br />thc street to City design standards including grading, drainage,.' <br />pavement, curb/gutter, sidewalk, street lights, traftic signals <br />and other necessary appurtenances. Such street improvements <br />shall not be limited to the half street abutting the property;'•.. . <br />tor example, where ne permanent street Improvement existed;. <br />the street improvement shall be extended bcyond the centerline <br />a sutticient distance (10 ft. minimum) to permit safe movement <br />ot tra[[ic. <br />This Covenant consenting to the tormation of a local improvement district <br />applies (and precludes legal protestl only to the formation ot a local improvement <br />district, Owner executing this document retains its, nis/her or their rights under <br />law to provide input on the proposed public improvements to be accomplished by <br />such local improvement district induding nature and typ^_ ot improvements as well <br />as the proposed or tinal bene[its and assessment lhcretor. <br />L The City shall deliver a signed relcase ot this Covenant to Owner after completion <br />of public improvements as described her�inabove through the tormation of a local <br />improvement district and a(ter transmittal of the final assessment roll to the Caunty <br />ot Snohumish pursuant to law. lhe City may not utilize this Covenant tor the formation <br />o[ more than one (l) local improvement district. <br />L <br />L <br />This Covenant consenting to the tormation ot :, �cal improvement dfstrict <br />shall be a covenant touching, concerning and running with the land and shall be <br />binding on Owner's heirs, assigns or succese irs in interest. <br />ezQ901�226 <br />� <br />,��;9.�5�3 ;��r`l39 <br />v vi <br />� <br />i <br />fi <br />J <br />`i <br />