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Concomitant Agreement to Rezone Ordinance No. 71S7= I <br /> This Agreement, made and entered into this 21st day of May 1981, by and between the <br /> City of Everett, a municipal corporation, hereinafter called the City, and Edward J. <br /> Myszkowski and Alice M. Myszkowski, hereinafter called the Owner, WITNESSETH; <br /> WHEREAS the Owner has made application to the City for a change in the zoning <br /> classification of the following described parcel: <br /> That portion of the Southeast quarter of the Southeast quarter of <br /> Section 6, Township 28 North, Range 5 East, W.M., AND that portion <br /> of Lot 17, Plat of North Beverly Park lying within the following <br /> described tract: <br /> Beginning at the Southwest corner of Lot 17; thence Northeasterly <br /> along the Northwesterly line 36 feet; thence Southeasterly 195 feet, <br /> more or less, to a point North 02°22'45" West 38 feet from a point <br /> 213.99 feet from the Northwesterly end of a line drawn from the <br /> Southwest corner of Lot 17 to the Northwest corner of Lot 18; thence <br /> South 02°22'45" East 38 feet; thence West to the Easterly line of <br /> county road; thence Northeasterly 70.11 feet to the true point of <br /> beginning. <br /> Situate in the County of Snohomish, State of Washington. <br /> WHEREAS, such rezoning and development to the new zone standards would <br /> create a situation where business and commercial use would abut a residential zone; <br /> and the public health, safety and welfare would be best served by anticipating the <br /> impact of such development and imposing certain mutually agreed upon standards, <br /> conditions and requirements; <br /> NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: <br /> 1. That landscaping be provided in accordance with Section 19.42.030, A and B <br /> Everett Municipal Code. <br /> ,I 2. That a specific landscaping plan be submitted to and approved by the Planning <br /> Department. This plan shall indicate types of plantings, spacing of plantings, <br /> size of plant material at time of installation and the general location of these <br /> plantings on a site plan. <br /> j 3. That an agreement reiterating the above conditions shall be concomitant with <br /> 'I the rezone and shall be signed by the Applicant prior to City Council approval. <br /> �j 4. Legal Requirements <br /> The Owners and their successors and assigns shall comply with all city, state and <br /> federal laws, rules and regulations applicable to the development, sale and <br /> maintenance of the subject property. <br /> 5. Recording <br /> This agreement shall be filed in the records of the Snohomish County Auditor for <br /> the purpose of subjecting the subject property to the restrictions, conditions and <br /> '1 limitations herein set forth which are intended and shall have the force and <br /> effect of deed restrictions and shall be deemed to be covenants running with the <br /> land and binding upon the Owners, their successors and assigns. <br /> 6. Enforcement <br /> Any violation of this agreement by the Owners or their successors or assigns shall <br /> be considered a violation of the zoning ordinance of the City of Everett and shall <br /> be subject to all applicable penalties. In addition to said remedies, the City may <br /> also elect to bring such action or actions as will accomplish specific performance <br /> of this agreement. <br /> If <br />