3716 UPLAND AVE 2018-03-27 - Laserfiche WebLink

COPY Section 1.Recitals. 1.1. The undersigned Grantor is/are the owner(s) of or has/have a substantial interest in the value, use, enjoyment, and occupation of the real property described above ("Property"). 1.2. The Grantee/Covenantee, the City of Everett ("City")has a substantial interest in the environmental protection and safe use of lands within its borders, and in the health, safety and welfare of its citizens. 1.3. A portion of the above-described Property is located in a critical area and/or associated buffer pursuant to the City's Zoning Code. 1.4. Before the City will issue any Permit for development activity on the Property, this Declaration of Critical Area Covenant must be signed, acknowledged and recorded in the records of Snohomish County as a restrictive covenant,restricting and limiting use of that portion of the Property representing a critical area and associated buffer, legally described as follows: EDGEWATER BLK 000 D-02 - BEG MOST SLY COR LOT 63 TH N42*12 22E ALG SELY LN 497.93FT TO C/L EXST CREEKTPB TH CONT ALG SELY LN 266.87FT TO MOS l'bLY COR SD LOT TH N37*43 30W ALG NELY LN 110FT TO MOST NLY COR THOF TH S45*49 40W ALG NWLY LN 298.14FT TO C/L SD CREEK TH S52*56 08E ALG C/L CREEK 127.66FT TO TPB 1.5. This Covenant concerns the Grantor/Covenantor's use, occupation or enjoyment of the Property and benefits the City as Grantee/Covenantee. This Covenant is intended to bind successors and assigns and run with the land. Section 2.Restrictions on Occupation,Use,and Development of the Property The following restrictions apply to the occupation, use and development of the Critical Area: 2.1. All vegetation including trees, shrubs and ground cover which exists within the area described below shall remain in its natural state and shall not be disturbed; and 2.2. There shall be no cutting, removal, clearing or modification of any vegetation within the Critical Area unless approved by the City of Everett; and ( i /sj1CF