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1986 County retirement home agreement.pdfTHIS AGREEMENT is made and ente- into the 12 day of February, 1986 by Edmonds Retirement Associates, a General Partnership , hereinafter� referred to as "Owner(s)"; 14ITNESSETH: WHEREAS, the owners are the titleholder(s) of certain real property located at SR 104 Opposite 95th Avenue SW the Property"), the same being legally described as follows: COMMENCING at a point on the South line of the North half of the Northeast quarter of the Northeast quarter of Section 36, Township 27 North, Range 3 East, W.M.: VV011 THENCE South of 88* 14 '33" West 677. 14 feet from the Southeast corner of said North half; THENCL along said South line South 88'14'33" West for 123.07 feet; THENCE North 1.2*40'21" East for 510.23 feet, more or less, to the Southwesterly margin of State Hiway as conveyed to the State of Washington by deed recorded under Auditor's File No. 2185470; THENCE along said Southwesterly margin on a curve to the right to a point which bears North 13*18'19" East from the Point of BEginning; THENCE South 13*18'19" West for 440,75 feet, more or less, to the Point of Beginning, Situated in the County of Snohomisht State of Washington; and WHEREAS, the Owners propose to develop the Property for Retirement Housing WHEREAS, Snohomish County has found that said site plan revision and variance for parking is in the public Interest, provided that the development of the Property is planned and,implemented in accordance with certain standards, conditions and requirements which shall be documented herein and hereafter considered to be an integral part of the site plan revision and variance for parking applicable to the Property; NOW THEREFOREf THE OWNERS HEREBY AGREE AS FOLLOWS: 1. a. development and use of the subject property solely for retirement housing for so long as on -site parking does not meet code requirement of whichever municipal agency has jurisdiction over the subject property, b. provision by the owner/operator of the retirement housing of a van transportation system for use by the residents of the complex. c. installation of additional parking to meet then current zuning code regulations of whatever municipal government has jurisdiction over 0 subject property within 90 days of use change or van transportation system elimination. V. Legal Requirements: The Ownersj and their successors and assigns, shall comply with all County laws and regulations applicable to the development and use fo the Property, and nothing herein shall be construed as superceding said laws and regulations. 860502009F NO EXcISE TAX PEQUIRtO MAY 2 1986 and shall have the force and effect of deed restrictions and shall be deemed to be covenants running with the land'. binding upon the Owners, their successors and assigns, (I-- CrIl C) CD c\J CD %D 00 X . Enforcement: Any violation of this agreement by the owners, their successors or assigns, shall be considered a violation of the Snohomish County Zoning Code ans shall be subject to all applicable penalties, In addition to said remedies, Snohomish County may also elect to bring such action or actions as will accomplish the specific performance of this agreement. Y. Construction of Agreement: This agreement is concomitant with the action of Snohomish County for a site plan revision and variance for parking to the Property. Nothing herein shall be construed as being agreed to In consideratioi for said site plan revision and variance for parking, nor does the County reiinquis' its legislative power with respect to said site plan revision and variance parking in consideration for this agreement. Z. Effective Datei This agreement shall become effective upon final approval by Snohomish County of the site plan revision and variance for parking to the Property, IN WITNESS WHEREOF, the Owners have caused these presents to be executed in their names an the date and year first above written, A STATE OF WASHINGTON) as. COUNTY OF SNOHOMISH) 014NERS: 1J I on this day personally appeared before me CAP"cj_ A, Ak)MJt_56k) f )�68Ee 7- D - FA A OY , to me known to be the general partners of Edmonds Retire- ment Associates described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 1986. ARY P LI a for t S State o W hin ton, residing. - at ta ACH PTED by Snohomish Countyi JOHN MARI INIS V, 41 C VAPPROVED as to form: C� Deputy Prosecuting Attorney COMPLIES WITH SUBSTANCE OF PRE -CONDITION F_XCISE TAX Bv_�6_4 � �_ REQUIRri-D Hearing Exami 't"rl 86050200 ly-111t—& 2S A <�To (P 97 MAY 21986 -2- rRs" , 0 - .. ,