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Section 1. Recitals. <br /> 1.1. The undersigned Grantor is/are the owner(s) o�or has/k�ave a substantial interest in the <br /> value, use, enjoyznent, an.d occupation ofthe real property described above ("Property"). <br /> 1.2. The Grantee/Covenantee, the City of Everett ("City") has a substantial interest in the <br /> environmental protection and safe use of lands within its borders, and in the health, safety <br /> and welfare of its citizens. <br /> 1.3.A portion of the above-desczibed i'roperty is located in a critical area and/or associated <br /> buffer pursuant to the Cifiy's Zoning Code. <br /> 1.4. Before the City will issue any Permit for development activity on the Property, this <br /> Declaration of Critical Area Covenant must be signed, acknowledged and recorded in the <br /> records of�Snohomish County as a restrictive covenant, restricting and limiting use of that <br /> portion of the Property representing a critical area and associated buffer, legally described <br /> as follows: <br /> Tract 999, Overlook at Riverfront, Phase 1, accordin� to the plat thereof recorded under <br /> Auditor's File Number 201609165006, records of Snohomish Countv <br /> Washington. <br /> 1.5.Thi.s Covenant concerns the Grantor/Covenantor's use,occupation or enjoyment o�the <br /> Property and benefits the City as Grantee/Covenantee. This Covenant is intended to bind <br /> successors and assigns and run with the land. <br /> Section 2. I2estrictions on Occupafion, Use, and Development of the Property <br /> The following restrictions apply to the occupation, use and development o£the Critical <br /> Area: <br /> 2.1. All vegetation including trees, shrubs and ground cover which exists within the area <br /> described below shall rernain in its natural state and shall not be disturbed; and <br /> 2.2. There shall be no cutting, removal, clearing or modification of ax�y vegetation within <br /> the Critical Area unless approved by the City of Everett; and <br /> F <br /> � <br /> C <br />