HomeMy WebLinkAbout2020 - Sensitive Area Covenant and Hold Harmless Agreement - Truong Loc / Truong Phuong-Lien - 20200310001048111111113111111111111111111111
20200310001048
NOTICE OF SENSITIVE AREA
3/10/2020 12:48 PM
KING COUNTY, WA
Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
111
Rec: $108.50
Above this line reserved for Recorder's use
HOLD HARMLESS - SENSITIVE AREA
Grantor/Borrower: Truong Loc and Phuong-Lien Th
Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Section/Township/Range: 14 - 23 - 04
Assessor's Tax Parcel Number(s): 000280-0023
Property Legal Description (abbreviated):
JOSEPH FOSTER DONATION CLAIM #39 Parcel "A" CITY OF TUKWILA BOUNDARY
LINE ADJUSTMENT No. L18-0020 RECORDING No. 20180718900006 (BEING A
PORTION OF NE QTR SW QTR STR 14-23-04)
COVENANT AND HOLD HARMLESS AGREEMENT - Sensitive Area
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SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT
This covenant and hold harmless agreement isentered into between
Loc T Truong and Phuong Lien Th, individuals, ("Grantor), and the City of Tukwila,
a Washington municipal corporation ("Grantee").
RECITALS
WHEREAS, Grantor owns and has applied for necessary p8nnds to develop
certain real property (the "Property") legally described in Exhibit A, which is attached and
incorporated by reference.
WHEREAS, aportion ofthe Property contains sensitive areas ofpotential oeok�oio
instability (potential slide areas).
geologic
VVHEREAS, as a condition of the issuance of subdivision o|@i 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 Aoraenoen�tohnN
the City of Tukwila harmless from all loss incurred as m result of any landslide or seismic
activity, or soil disturbance.
YVHEREAS. Grantor assumed this obligation in order to obtain said Building Permit
Q19-DO49.and/or construction permits for the Property.
WHEREAS, Grantor has provided a Geotenhnioa| Investigation Report dated
January 12, 2019 prepared by Phil Haberman, PE, LG, LEG, Principal of Cobalt
GeosCienman.LLC.P.O.Box 82243.Kenmore, VVAS8O23.phone 425331-1087.
VVHEREAS, the parties agree that this agreement constitutes an arms length,
bargained -for agreement, which includes e waiver of liability that runs with the land for
risks created by the proposed use of property because of the shape, composition, location
nrother characteristic unique tothe Property sought tobodeveloped.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. In consideration of Grantee issuing subdivision o|od approval and/or other
development pannha' 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,
offioie|s. emp|Vyeee, agents, and
assigns harmless from any and all claims, injuries, damages, losses, or suits, whether
brought by grantor orthird parties, including all legal costs and reasonable attorney fees,
arising out VfOrinconnection with any injuries ordamages topersons o[properly caused
in whole or in part by any landslide orseismic activity orsoil disturbance on the Property.
legally described in Exhibit A, which is attached and incorporated by reference.
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2. Grantor onits own behalf and on behalf of its heirs, successors and
assigns
hereby waives any right to to e�e�any claim against the G[antee, its officers, dT '
waives|-,
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 ani| disturbance on said
Property by reason of or arising out of the issuance of the permit(s) by the City for
development Onsaid Property except only for such losses that may directly n*su|tfromthe
sole negligence ofthe City.
J. 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 inspection or acceptance of any of the Grantor's construction mother
work either during construction or when completed eheU not be grounds to avoid any of
these covenants of indemnification.
G. This covenant and hold harmless agreement shall be o covenant running with
the land and the rights and obligations contained herein oheU run with and burden the
Pnmparty, including each parcel comprising the Property and shall inure to the benefit of
and bebinding upon the Grantor and Grantee, their successors and assigns.
7.|tiothe intent of the Grantor that this agreement shall not beextinguished bythe
doctrine ofmerger.
COVENANT ANoHOmHARMLesAGnsEMcNT-Sensitiv=Area Page3 of_
DATED this
GRANTOR/x\:
~`-f '
/ 71/f�^1
individual(s)
STATE {]FVVASH|NGTON
SO.
COUNTY OFKING
On this c9� day of 20 =�u . before mea Notary Public inand
for the State of Washington, persona Uy eared
£m / v'N-0 ' �h . ' \/J and
to me hnc�vn to be the individual(s) that
executed the foregoing instrument, and acknowledged ittobethe free and
voluntary act of said individual(s), for the uses and purposes mentioned in this
instrument, and onoath stated that he/ahe/theywas /wxeve authorized tVexecute
said instrument.
IN VVO'NE88 WHEREOF, | have hereunto set rny hand and official seal
the day and year first above written.
Name:
NOTARY PUBLIC, inand for the State of
VVoshington, residing at
My commissionexpires:
DATED this 314 day of 111(104C.Ck- , 20 00
GRAN : CITY OEJUJWILA
ATTEST:
Mayor
City Clerk
STATE OF WASHINGTON )
) ss.
County of King
On this day of , 20 -2-0 , before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared
/ /a /<he and
, known to me to be the
Mayor and City O1rk, re ectively, 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 thatS/Ch;was authorized to
execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year above written.
print nam
UBLIC in and for the
State of Washington, residing at
77f AT
179 c-f."74,7 "._S 5 c-7,4 e / -
COVENANT AND HOLD HARMLESS AGREEMENT - Sensitive Area
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF JOSEPH FOSTER DONATION CLAIM NO, 39, TOWNSHIP 23 NORTH, RANGE
4 EAST, W.., IN KING COUNTY, WASHINGTON AND OF CITY OF TUKWILA BOUNDARY LINE
ADJUSTMENT NO. 80-34, RECORDED UNDER KING COUNTY RECORDING NUMBER 8010090532,
RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID DONATION CLAIM;
THENCE SOUTH 0057'13" WEST 20.00 FEET;
THENCE SOUTH 88-30.37" EAST 12.00 FEET TO THE EASTERLY LINE OF 55TH AVE SOUTH TO
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88'30'37 EAST, ALONG THE SOUTH MARGIN OF SOUTH 139TH STREET,
74.67 FEET:
THENCE SOUTH 01'29'23" WEST 44.10 FEET:
THENCE NORTH 88'30'37" WEST 20.68 FEET:
THENCE SOUTH 01'29'23 WEST 73.89 FEET TO THE SOUTH LINE OF PARCEL 2, SAID CITY
OF TUKWILA BOUNDARY LINE ADJUSTMENT 80-34:
THENCE NORTH 88'30'37" WEST, ALONG THE SOUTH LINE OF SAID PARCEL 2, 52.88 FEET
TO THE EAST MARGIN OF 55TH AVE SOUTH:
THENCE NORTH 0057'13" EAST, ALONG SAID EAST MARGIN, 118.00 FEET TO THE TRUE
POINT OF BEGINNING:
COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area
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