HomeMy WebLinkAbout2004 - Sensitive Area Covenant and Hold Harmless Agreement - Chin Gilbert - 20040816001641WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Reference Number(s) of Related Document(s):
Grantor: Gilbert Chin
Grantee: The City of Tukwila
Legal Description (Abbreviated): A Portion of the SW1 /4 of the NW'A, Sec. 26, T. 23 N.,
20040816001641
16804 53rd Avenue South
Full Legal Description is found on Exhibit A of this document.
Assessor's Tax Parcel ID Numbers: 812520 -0280
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Gilbert Chin, an
individual, "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, the Property contains sensitive areas of potential geologic instability
(potential slide areas) as depicted in Exhibit B, which is attached and incorporated by reference.
WHEREAS, as a condition of the issuance of a short subdivision 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 short subdivision
approval under permit nos. L2000 -073 and L03 -061 and under construction permit MIO2 -079 for
the Property.
WHEREAS, Grantor has performed a geological report, prepared by Spears Engineering
Technical Services, dated January 14, 2000.
WI-IEREAS, 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. Grantor will maintain continuous insurance coverage as required by the permit
authorizing the development.
6. 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 WITNESS WHERE F, said individuals have caused this instrument to be executed
2004.2004.
this 7-7 day of
County of King
STATE OF WASHINGTON)
)ss.
BONNIE BABCOCK
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
SEPTEMBER 22, 2005
Authorized Signature
I certify that I know or have satisfactory evidence that
and
is /are the person(s) who appeared before me, and said individual(s) acknowledged that
he /she /they signed this instrument and acknowledged it to be his /her /their free and voluntary act
for the uses and purposes mentioned in this instrument
Dated '7 a7 c% `f
Notary Public in and for the State of Washington
residing at Ai ti eci 4
My appointment expires l 2 2 c.S
DATED this day of ail e 2004.
GRANTEE: CITY OF TUKWILA
Si tveNn N 1\it,1/4.Q.Qx.7\—
Mayor
l
ATTEST:
STATE OF WASHINGTON
ss.
County of King
On this i day of
undersigned, a Notary P in and ft
persona appeared ft '4 44
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 hereto affixed the day and year above written.
print n
20 off- before me, the
ashington, duly commissioned and sworn,
and
NOTARY PUBLIC in and for the
Staff of Washington, miding at
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON; THENCE ALONG THE NORTH BOUNDARY OF SAID SUBDIVISION
SOUTH 89 °21'31" EAST 892.00 FEET; THENCE PARALLEL TO THE WEST BOUNDARY
OF SAID SUBDIVISION SOUTH 0 °48'39" EAST 30 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 89 °31'31" EAST 435.99 FEET TO
THE EAST BOUNDARY OF THE WEST HALF OF SAID SOUTHWEST QUARTER;
THENCE ALONG THE SAID EAST BOUNDARY SOUTH 0 °26'49" EAST 100.00 FEET;
THENCE NORTH 89 °21'31" WEST 435.35 FEET; THENCE NORTH 0 °48'39" WEST 100.01
FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON
FOR PRIMARY STATE HIGHWAY NO. 1 BY DEED RECORDED UNDER RECORDING
NUMBER 5507465;
(BEING KNOWN AS TRACT 28, SUNRISE VIEW, ACCORDING TO THE UNRECORDED
PLAT THEREOF;
EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON
FOR PRIMARY STATE HIGHWAY NO 1);
TOGETHER WITH THAT PORTION OF VACATED SOUTH 168TH STREET ADJACENT,
AS VACATED IN THE CITY OF TUKWILA ORDINANCE NUMBER 1232, RECORDED
UNDER RECORDING NUMBER 8110270444.
SUBJECT TO AND OR TOGETHER WITH THE FOLLOWING RECORDED EASEMENTS:
REC.NO. 8110270441, FOR ELECTRIC SYSTEM (AS SHOWN HEREON) REC.NO.
8112070443, FOR SANITARY SEWER (AS SHOWN HEREON) SUBJECT TO ACCESS TO
STATE HIGHWAY BY DEED UNDER REC. NO. 5507465.
S. 168TH ST.
EXHIBIT B
DEPICTION OF SENSITIVE AREAS