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Home My WebLink About2013 - Sensitive Area Covenant and Hold Harmless Agreement - Tritec Homes - 20131028000841 r 1. 20131028000841 CITY OF TUKWIL NOSA 149.00 PAGE-001 OF 006 10/28/2013 11:43 I KING COUNTY, WA CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206)433-1800 Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement Parties: City of Tukwila,WA 6200 Southcenter Boulevard Tukwila,WA 98188 Other: Last First Initial Tritec Homes Company Name (if business) P.O. Box 951 Address Sumner WA 98390 City State Zip Legal Description: Lot 1, Short Plat No. L01-046 recorded under recording No. 20030327900001. Situate in the City of Tukwila, county of King, State of Washington. Assessor's Property Tax Parcel/Account Number(s): 0040000512 WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: Tritec Homes, Inc. a Washington Corporation Grantee: The City of Tukwila Legal Description (Abbreviated): LOT 1, SP. NO. L01-046, REC. NO. 20030327900001, KING COUNTY Full Legal Description: Lot 1, Short Plat NO. L01-046 recorded under recording NO. 20030327900001. Situate in the City of Tukwila, county of King, State of Washington. Assessor's Tax Parcel ID Numbers: 0040000512 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Tritec Homes, Inc., a Washington Corporation ("Grantor), and the City of Tukwila, a Washington municipal corporation("Grantee"). RECITALS WHEREAS, Grantor owns and has applied for necessary permits to develop certain real property (the "Property") legally described above. WHEREAS, a portion of the Property contains sensitive areas and the Property is adjacent to sensitive areas of potential geologic instability(potential slide areas). WHEREAS, as a condition of the issuance of short plat approval, land use permits, and/or construction permits for the Property, the Grantee required the Grantor to execute and record this "Sensitive Area Covenant and Hold Harmless Agreement" to hold the City of Tukwila harmless from all loss incurred as a result of any landslide or seismic activity, or soil disturbance. WHEREAS, Grantor assumed this obligation in order to obtain said building permit approval under permit no. D13-256 for the Property. 1 of WHEREAS, Grantor has provided a geological engineering report, prepared by Soil & Environmental Engineers, Inc. job #0024 dated August 3, 2000 for Puget Sound Investment Group. WHEREAS, the parties agree that this agreement constitutes an arms length, bargained- for agreement, which includes a waiver of liability that runs with the land for risks created by the proposed use of property because of the shape, composition, location or other characteristic unique to the Property sought to be developed. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. In consideration of Grantee issuing development permits, which constitutes good and valuable consideration, the receipt of which and the sufficiency of which the Grantor hereby acknowledges, the Grantor shall defend, indemnify, and hold the Grantee, its officers, officials, employees, agents, and assigns harmless from any and all claims, injuries, damages, losses, or suits, whether brought by grantor or third parties, including all legal costs and reasonable attorney fees, arising out of or in connection with any injuries or damages to persons or property caused in whole or in part by any landslide or seismic activity or soil disturbance on the Property, legally described in Exhibit A, which is attached and incorporated by reference. 2. Grantor on its own behalf and on behalf of its heirs, successors and assigns hereby waives any right to assert any claim against the Grantee, its officers, officials, employees, agents, and assigns for any loss, or damage to people or property either on or off the site resulting from any landslide or seismic activity or soil disturbance on said Property by reason of or arising out of the issuance of the permit(s) by the City for development on said Property except only for such losses that may directly result from the sole negligence of the City. 3. Grantor will inform its successors and assigns of said Property that the Property is in an area of potential geologic instability (potential slide area), of the risks associated with development thereon, of any conditions or prohibitions on development imposed by the City of Tukwila, and of any features in this design which will require maintenance or modification to address anticipated soils changes. 4. Grantee's inspection or acceptance of any of the Grantor's construction or other work either during construction or when completed shall not be grounds to avoid any of these covenants of indemnification. 5. This covenant and hold harmless agreement shall be a covenant running with the land and the rights and obligations contained herein shall run with and burden the Property, including each parcel comprising the Property and shall inure to the benefit of and be binding upon the Grantor and Grantee,their successors and assigns. 2 of 4 DATED this �hp day of Or 01) , 2013 GRANTOR: 1-1-ir \--\/A 9 Tnc. a \ilis\f, a corporation By: Print Name: itryhO S. 2 k Its: Sir-/ STATE OF WASHINGTON ) ss. COUNTY OF KING ) ► On this /fP day of 0C?' .,9e r , 2013, before me a Notary Public in and for the State of, a hington, personally appeared I�i�1dr J vO61`e , to me known to be the 5PCrefar� of fe c 1`I�tmPS , a corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. a%aa%%%%%uq% s' eT8 , • s 4 :o44,4` Name: ki,z,t ,e NOTARY PUBLIC, in and for the State of w • Washington, residing at sG 1-4,4,0I�l%L l� aM'�''c My commission expires: Ds-d-9 y DATED this plrx day of (9C1O10Qf' , 2013. GRANTEE: CITY OF TUKWILA . , Ma ,• - t/ ■ henticated: Approved As to Form: 1 City Clerk City Attorney STATE OF WASHINGTON ) ) ss. County of King ) On this �day of 0 C.1-1)..b-Cc , 2013, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, known to me to be the Mayor, of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. CN' S1 m - 0' H- Qc19 ,! printn.��e Ire+69 iy NO F RY P i BLIC in and for the 44 Staterof Vashingt_on,fisiding at (-A s.s &boo 440,:titttwmw,g, r 4 of 4 EXHIBIT A NEW LOT 1 THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY: PARCEL A: LOT 6 IN BLOCK 4 OF ADAMS HOME TRACTS ADDITION, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR; EXCEPT THAT PORTION OF THE SOUTH 120 FEET OF SAID LOT 6, LYING WESTERLY OF THE EAST 66 FEET THEREOF; AND EXCEPT THAT PORTION OF THE NORTH 10 FEET OF THE EAST 66 FEET OF THE SOUTH 120 FEET THEREOF LYING WESTERLY OF THE EAST 30 THEREOF; PARCEL B: THE SOUTH 120 FEET OF LOT 6 IN BLOCK 4 OF ADAMS HOME TRACTS ADDITION, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY AUDITOR; EXCEPT THE EAST 66 FEET THEREOF; TOGETHER WITH THAT PORTION OF THE NORTH 10 FEET OF THE EAST 66 FEET OF THE SOUTH 120 FEET THEREOF LYING WESTERLY OF THE EAST 30 FEET THEREOF; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PER TITLE REPORT NO. 10058799 ISSUED BY TRANSNATION TITLE INSURANCE COMPANY. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE WEST LINE THEREOF,NORTH 01'13'15" EAST A DISTANCE OF 64.29 FEET; THENCE SOUTH 87'13'33" EAST A DISTANCE OF 72.80 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 13'18'08" WEST A DISTANCE OF 38.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44'18'59" AN ARC DISTANCE OF 29.78 FEET (CHORD BEARING SOUTH 54'32'22" EAST A DISTANCE OF 29.04 FEET) TO A POINT OF REVERSE CURVE HAVING A RADIUS OF 120.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'35'24"AN ARC DISTANCE OF 28.46 FEET (CHORD BEARING SOUTH 39'10'35"EAST A DISTANCE OF 28.40 FEET) TO A POINT OF REVERSE CURVE HAVING A RADIUS OF 35.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47'21'20"AN ARC DISTANCE OF 28.93 FEET (CHORD BEARING SOUTH 22'17'37" EAST A DISANCE OF 28.11 FEET); THENCE SOUTH 01'23'03" WEST A DISTANCE OF 0.54 FEET TO THE SOUTH LINE OF SAID LOT 6; THENCE ALONG THE SOUTH LINE THEREOF,NORTH 87'53'09" WEST A DISTANCE OF 126.42 FEET TO THE POINT OF BEGINNING.