HomeMy WebLinkAbout2013 - Sensitive Area Covenant and Hold Harmless Agreement - Bual Harpal Singh - 20130124000864 {
WHEN RECORDED,RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
111 11 11 11 I 11 111 111 11 0
Tukwila, WA 98188
20130124000864
CITY OF TUKUIL COV 148.00
PAGE-001 OF 005
01/24/2013 10:49
Grantor: Harpal Singh Bual, an individual KING COUNTY, UA
Grantee: The City of Tukwila, a Washington municipal corporation
Legal Description (Abbreviated): A Portion of the NW1/4 &NE '/4 of the SE 1/4, Sec. 23, T. 23
N., R. 4 E., WM.
Full Legal Description is found on Exhibit A of this document.
Assessor's Tax Parcel ID Numbers: 359700-0321
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Harpal Singh Bual,
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, 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
Tukwila harmless from all loss incurred as a result of any landslide or seismic activity, or soil
disturbance.
Page 1 of 5
WHEREAS, Grantor assumed this obligation in order to obtain said Building permit
approval under Building permit no. D 12-223 for the Property.
WHEREAS, Grantor has performed a geological reports and evaluations, prepared by
Bruce S. MacVeigh, P.E., dated May 8, 2008.
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.
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.
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IN WITNESS WHEREOF, said individuals have caused this instrument to be executed
this 7`Th day of /\IO✓em7,e r , 2012.
_ g
Property Owner/Authorized Signature
STATE OF WASHINGTON)
)ss.
County of King )
}-Iari e,,1 since
I certify that I know or have satisfactory evidence that ffarvinder-Katir Bual is the person who
appeared before me, and said individual acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this
instrument.
Dated / / /(7-7/ A
����t t
guicii and for the State of Washington
• 0 d►
• :C) - • - residing at
V15,ip1 S.29•" My appointment expires ' �y
,,� , ►WAB�,
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7N 1_
DATED this day of NOVQ-w.10.Q( , 2012.
GRANTEE: CITY OF TUKWILA
1l� II . - y - I%I GL.i
Mayor /1
Attest/ the ticated: Approved As to Form:
'F:12-r.)14 x ��
City Clerk City Attorney
STATE OF WASHINGTON )
) ss.
County of King )
On this d gb day of K)0(6444-PA , 2012 , before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Jim Haggerton, 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.
WITNESS my hand and official seal hereto affixed the day and year above written.
eilik i: n me
:- 1, ON*. \ NOTARY PUBLIC in and for the
.•a•• ate of Washington, residing at
Iiii17IP WASNNa,�'�
I,l��,,%V •,\`\.
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•
EXHIBIT `A'
LEGAL DESCRIPTION OF PROPERTY
That portion of Lot 17, Interurban Addition to the City of Seattle, according to the Plat thereof
recorded in Volume 10 of Plats, Page 55, in King County, Washington, described as follows:
Beginning on the West line of said lot at a point 210 feet North of the Southwest corner thereof;
thence North 89°47'00" East to Westerly line of 65th Ave. South, and the TRUE POINT OF
BEGINNING; thence South 89°47'00" West 333 feet; thence North parallel with the West line
of said Lot, a distance of 153 feet; thence North 89°47'00" East to the Westerly line of 65th Ave.
South; thence Southeasterly along said Westerly line to the TRUE POINT OF BEGINNING.
EXCEPT that portion deeded to the City of Tukwila for street purposes under King County
recording no. 7105100427.
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