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Home My WebLink About2004 - Sensitive Area Covenant and Hold Harmless Agreement - Vu Thinh Tien - 20040524000053 20040524000053 Thinh Vu 13925 Tukwila International Boulevard TUKWILA COV 26.00 PAGE001 OF 008 05/24/2004 08:45 6WA5 ENT'D JUN 2 2 2004 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. �(y�� Tukwila, WA 98188 DO 4 (206) 433-1800 DocumentTitle(s): SENSITIVE Al2EA (010O NANi 1) HO( ~LESS fGRLCM6MT Parties: City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Other: I h Vl h I I P�VIi Company Name (if business) 50 k 92 E34 Tkaw, Address jA43IA01/ .)A First Initial State Zip Legal Description: SEE EX H I Bit A OF THE DOCWMFJJT Assessor's Property Tax Parcel/Account Number(s): 8$&400- O9Ro I WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Pag,t it D04 021 Grantor: Tf 1/131-1 71E/V 1/y Grantee: The City of Tukwila Legal Description (Abbreviated): Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Number: PR 0 00 o 99O 02 1I 1/fh/ VGQF fi DD PoK S nF L N 8E ON W LN foo FT WLy OF S IA/ COR Ttt S R7 DEG- 6 MN OG 5E 7 ELy LA/ SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Mr )7 711 /N/1 77E,90 an individual "Grantor), and the City of Tukwila, a Washington municipal corporation "Grantee 1 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) as depicted in Exhibit B, which is attached and incorporated by reference. WHEREAS, as a condition of the issuance of subdivision 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 subdivision plat approval, land use permits, and /or construction permits 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 subdivision plat approval and /or other 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 attomey 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 2 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. Grantor will maintain continuous insurance coverage as required by the permit authorizing the development. 5. 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. 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. 3 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF TRACT A, BLOCK 6, VAL -VUE ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED VOLUME 40 OF PLATES, PAGE(S) 4, IN KING COUNTY, WASHINGTON, LYING SOUTH OF LINE BEGINNING ON THE WESTERLY LINE OF SAID TRACT A, AT A POINT 100 FEET NORTH, AS MEASURED ALONG SAID WESTERLY LINE, OF THE SOUTHWEST CORNER OF SAID TRACK A AND RUNNING THENCE SOUTH 89o59'06" EAST TO THE EASTERLY LINE OF SAID TRACT. 4 fa 4 71 4. to 4 l 1 EXHIBIT S DEPICTION OF SENSITIVE AREAS i I E 5 no CLASS 2/4R645 WHERE LANDSLIDE P07ENTi/k r 15 MQD &RATE (.)RICH SLOPE IMTW EN 1.5,404D PERCENT AND iJHiCH ARE UNDERLAIN' 8/ RELA47 /VELY ?ERA/gel/3g Sq /L as 1 r I IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this c7 day of pe h 200 Authorized gnature Authorized Signature STATE OF WASHINGTON) )ss• County of King I certify that I know or have satisfactory evidence that Th in A /Z en Vu and is /asethe person(s) who appeared before me, and said individual(s) acknowledged that he /she/they- signed this instrument and acknowledged it to be his /hefltheir free and voluntary act for the uses and purposes mentioned in this instrument. Dated February 2004 G E A. DF4 1 P\Sg10NF Alice 4. Dc'nc i c N OTARY g,' 'i Notary Public in and tier the State of Washington i :O N: i residing at RenfOn 'i PUBLIC 5 My appointment expires 6 —//7-0/1 i 6>•'.. 6 th 1,' OFwASM 6 DATED this 2 day of 44w (h1 200 GRANTEE: CITY OF TUKWILA Mayor ATTEST: STATE OF WASHINGTON ss. County of King On this day of 20 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, per ally appeared nG 1 d H E x i e.lr known to me to be the Mayor andi ty 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. SAXTO`% i 4,314 t, 5 t 3 -2 $7 print name vv\ 7 I/( t d Imo( rbar.sS. jv.XIror NOTARY PUBLIC in and for the State of Washington, residing at 12€ ti.A-o v� W a 5 V .vMNo r r s C o vv. vv. C5 Orn 3 —a_cA -0 6