20100310111007747.pdfERK 200410190005 2 PGS
CITYOFOF EDTY MONDS 10-19-2004 09 : 03am $20.00
121 5TH AVENUE NO. SNOHOMISH COUNTY. WASHINGTON
EDMONDS, WA 98020
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COVENANT
For Adult Family Home's Second Kitchen
Whereas, the Grantor(s) 1q&61W4 M- d1'7,1-311 614
hereafter referred to as "Grantor(s)", have received a Building
Permit #. Zoy+on-1 forproperty which is zoned single family residential, and is
located at 69C-4- ]'�-c `�- h � t-ly' .,i r .�t t ��
tax account parcel number d / e1` , and legally
described as follows:�t::_ &a� 4 000 1) -oe -• ►HAr
P612110su C) Tt 05 bl-Vr - F E 6-1 5 w e611Z '5 i> -i-P- iq�5- rit- F, AL_(7
6 L -N ,L� ((�. 175 FT -114 (!4 NS -i A -Lt --7 -5 W, 10-,5 F1" —10- JAS
Pi, -r VJ U\3 i k 03 Fi TK Ute PLT -5 0�-) `f � '102— 1051=�T `Tjt-
Whereas, the City of Edmonds has received a building permit application for an Adult
Family Home with a second kitchen to be located in an existing single family residence
in a single family residential zone.
Whereas, pursuant to WAC 388-76-190 an adult family home is considered a residential
use of property for zoning purposes, and are permitted in areas zoned for single family
dwellings.
Whereas, the City desires to approve utilization of a second kitchen in the Adult Family
Home as a reasonable accommodation to the facility as care provider to the disabled for
so long as the second kitchen is utilized, and only utilized, in conjunction with the Adult
Family Home use.
Therefore, in consideration of the City of Edmonds, Washington approving the second
kitchen as a reasonable accommodation by issuance of a building permit, the Grantors
agree as follows:
1. This covenant and all terms hereof shall be binding on Grantor, heirs, assigns
and successors in interest, and shall be deemed to run with the land and bind all
future owners to the real properties described above.
2. This covenant shall be recorded with the Snohomish County Auditor and
Grantors shall pay for all recording fees.
3. Grantors hereby covenant that the kitchen on the lower, basement floor of the
subject residence can be used only in conjunction with the Adult Family Home
and that the said kitchen shall be removed immediately upon termination of the
Adult Family Home State License # for the subject facility
or cessation of use of the property as an Adult Family Home, unless, or until,
zoning laws allow otherwise.
4. The provisions of paragraph 3 above shall be specifically enforceable in the
Superior Court of Snohomish County. The prevailing part shall be entitled to its
attorneys' fees in such a proceeding.
5. Grantors acknowledge and agree that approval of the second kitchen for the
Adult Family Home use and the creation of this Covenant are a reasonable
accommodation of Grantors' rights as a care provider to the disabled and of its
clients' foreseeable needs. The Grantors, therefore, on behalf of themselves, their
successors and assigns do hereby waive any and all claims of the Americans With
Disabilities Act or the Washington Law Against Discrimination which they may
have as of the date of the execution of this Covenant and promise to hold
harmless and indemnify the City, its officers, agents and employees from any
cost, claim or liability which may be incurred in defense of such a claim.
By signing and execution of this Covenant, the parties hereto agree that Grantors are in
compliance with existing zoning regulations.
Signed
Subscribed and sworn to before me this 7-'9 day of
of Washington.
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