6502 EVERGREEN WAY ENHANCED SERVICE FACILITIES 2020-01-21

WITNESSETH WHEREAS, the undersigned is/are the owner (s) of or has/have a substantial interest in the real property legally described above ("Property") ; and WHEREAS, Madison Real Property LLC, hereinafter referred to as "Applicant" is the owner of a lot within 10 feet of the Property, legally described as follows: Lots 16, 17, 27, and 28, BEVERLY HILLS-DIVISION NO 3, Volume 10, page 83, in Snohomish County, Washington WHEREAS, the Applicant has applied to the City of Everett for a land use approval, but Applicant' s lot is not large enough to meet the Zoning Code' s requirements regarding the number of off-street parking spaces needed to serve the use on the Applicant' s lot; and WHEREAS, the Applicant has proposed for providing parking that will serve the use on Applicant' s lot at an off-site location, namely on Owner' s Property; and WHEREAS, the Grantee/Covenantee, the City of Everett ("City") has a substantial interest in the effective and safe use of lands within its borders, and in the health, safety and welfare of its citizens; and WHEREAS, the City has an interest in ensuring safe travel along City streets and in minimizing traffic congestion that may be associated with inadequate provision for parking by property owners; and WHEREAS, before the City will issue the land use approval, pursuant to EMC 19. 34 . 060 (D) , the Owner of Property where the parking will be located shall execute a covenant in a form acceptable to the City Attorney; and WHEREAS, this Covenant must state that the Property on which the parking will be located is devoted in whole, or in part, to parking that serves the use on Applicant' s lot, and this Covenant must be signed, acknowledged and recorded in the records of Snohomish Couty as a restrictive covenant, restricting the use and enjoyment of the Property by placing such a condition (s) on the land use approval; and 1