HomeMy WebLinkAbout2017 - Sensitive Area Covenant and Hold Harmless Agreement - Stark Jay - 20170928000669WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
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20170928000669
COVENANT Rec: $148.00
9/2812017 11:51 AM
KING COUNTY, WA
Grantor: Jay Stark, an individual
Grantee: The City of Tukwila, a Washington municipal corporation
Legal Description (Abbreviated): A Portion of the NE 1/4 of the NW 1/4, Sec. 15, T. 23 N., R. 4
E., WM.
Full Legal Description: Lot 1 and 2 in Block A of Davis' Replat of Tract 54 of Riverside
Interurban Tracts, as per Plat recorded in Volume 24 of Plats, Page 49, Records King County;
Except that portion thereof conveyed to King County for road purposes by deed recorded under
King County recording no. 7111230148; situate in the City of Tukwila, County of King, State of
Washington.
Assessor's Tax Parcel ID Numbers: 192080-0005
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between San Stevens, 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 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 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
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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 Building permit no. D17-0082 for the Property.
WHEREAS, Grantor has performed a geological engineering study, prepared by Geotech
Consultants, Inc., dated July 5, 2016.
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 above.
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.
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.
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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 WH EOF, said individual has cause. this ' •tr, ent to be executed
this 1 day of , 2017.
Property Owner A:thorized Signature
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Jay Stark is the person who appeared
before me, and said individual acknowledged that he/she signed this instrument and
acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this
instrument.
Dated
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the State of Washington
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DATED this 3 day of-?“.5-�
GRANTEE: CITY OF TUKWILA
Attest/Authe 'cated:
you„
, 2017.
Approved As to Form:
O
A.- City Clerk City Attorney
STATE OF WASHINGTON )
County of King
s*
On this 31 day of.1-/— 2017 before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Allan Ekberg, 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.
ss.
WITNESS my hand and official seal hereto affixed the day and year above written.
Da-' 741mbe j 7,'de"
print name
NOTARY PUBLICand for the
State of Washington, residing at
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