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Home My WebLink About2007 - Sensitive Area Covenant and Hold Harmless Agreement - The Lindal Company - 20070508000841Return Address: Parties: Other: 334840 -0949 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 Legal Description: Assessor's Property City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Last The Lindal Company Company Name (if business) 4314 South 104 Place Address Seattle City CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Tax Parcel/Account Number(s): 20070508000841 CITY OF TUKWIL COV 89.00 05/08 2007 10833 KING COUNTY, UA First Initial WA 98178 State Zip A Portion of the NE /4 of the NE /4 Sec. 10, T.23N., R.4E., W.M., King County, Washington I I WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: The Lindal Company Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the NE' of the NEV, Sec. 10, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Numbers: 334840 -0949 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between The Lindal Company, a Washington State 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 in Exhibit A, which is attached and incorporated by reference. WHEREAS, a portion of the Property contains sensitive areas of potential geologic instability (potential slide areas). WHEREAS, as a condition of the issuance of Building permit no. D06 -230 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 number D06 -230 for the Property. 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. IN WATNESS WH REOF, said individuals have caused this instrument to be executed this day of 1e e e wKbei 2006. e L if el C Authorized Authorized g at p veil l C>tif STATE OF WASHINGTON) )ss. County of King II I certify that I know or have satisfactory evidence that W h V Her 1-/ Pl CW is the person who appeared before me, and said person acknowledged that he /sloe. signed this instrument, on oath stated that he /slice was authorized to execute the instrument and acknowledged it as the DYP.crr( r 14f of 7 e Z N.4l Cn a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated ieer g 200 ,6 /QV-A e n -Lin' ary Public in and for the State of Washington residing at ).9.5 t t .r. /CM My appointment expires S /4i /C7 DATED this day of GRANTEE: CITY OF TUKWILA ATTEST: STATE OF WASHINGTON ss. County of King On this f 2. day of 1t19(d& -r Lj 20 O l 7 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, ersonally appeared 5-4-c_.v 241 CVw LLL F and 3 CA-al.C_ C1-; t{ c known to me to be the Mayor and City Clerk, respectively, 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 /she was authorized to execute said instrument. WITNESS my hand and official seal h 6X,.. NOTAgy t 2007. ereto affixed the day and year above written. A na ,4 <1 -km he_ Y `1 �n 6 L/... Q. QErk NOTARY PUBLIC in and for the State of Washington, residing at TLLC L EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT 68, BLOCK 11, C.D. HILLMAN'S MEADOW GARDEN ADDITION TO THE CITY OF SEATTLE, DIVISION #2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 82, IN KING COUNTY, WASHINGTON, EXCEPT ANY PORTION FOR SOUTH 114TH. STREET, TOGETHER WITH THAT PORTION OF LOT 69 DEFINED AS FOLLOWS1 COMMENCING AT THE MOST NORTHERLY CORNER OF LOTS 68 691 THENCE S 06'51'38' E ALONG THE COMMON LINE OF LOTS 68 69 FOR 29.03 FEET TO THE POINT OF BEGINNING) THENCE CONTINUING S 06'51'38' E FOR 53.41 FEET) THENCE N 06'43'55' E FOR 42.17 FEET) THENCE N 45'27'30' W FOR 15.89 FEET TO THE POINT OF BEGINNING. EXCEPT FOR THAT PORTION OF LOT 68 DEFINED AS FOLLOWS' COMMENCING AT THE MOST NORTHERLY CORNER OF LOTS 68 69; THENCE S 06'51'38' E ALONG THE COMMON LINE OF LOTS 68 69 FOR 82.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 06'51'38' E FOR 53.41 FEET) THENCE N 45'27'30' W FOR 15,89 FEET) THENCE N 06'43'55' E FOR 42,17 FEET TO THE POINT OF BEGINNING, AREA 21,382.39 SQ. FT.