HomeMy WebLinkAbout2013 - Sensitive Area Covenant and Hold Harmless Agreement - Sarana International Buddhist Center - 20130124000863 WHEN RECORDED, RETURN TO:
City Clerk 01 101 I 110001 1110 0
City of Tukwila
6200 Southcenter Boulevard 20130124000863
Tukwila, WA 98188
CITY OF TUKWIL COV 148.00
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01/24/2013 10:49
KING COUNTY, WA
T
Reference Number(s) of Related Document(s):
Grantor: Sarana International Buddhist Center, a Washington State non-profit corporation
Grantee: The City of Tukwila, a municipal corporation of King County, Washington
Legal Description (Abbreviated): A Portion of the NE1/4 of the SE 1/4, Sec. 22, T. 23 N.,
R. 4 E., WM.
Full Legal Description is found on Exhibit `A' of this document.
Assessor's Tax Parcel ID Number(s): 222304-9019
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Sarana International
Buddhist Center, a Washington State non-profit corporation, ("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 of potential geologic
instability (potential slide areas).
WHEREAS, as a condition of the issuance of boundary line adjustment 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.
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WHEREAS, Grantor assumed this obligation in order to obtain approval under
Building Permit no. D12-001 for the Property.
WHEREAS, Grantor has performed geological reports and evaluations, prepared
by Bruce S. MacVeigh, P.E., Civil Engineer/Small Site Geotechnical.
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.
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.
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5. 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 WHEREOF, said individuals have caused this instrument to be executed
this i i day of e>0 , 2012.
akr_AlitS,(411°!_
Property Owner/Au -. ized Signat re
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that
pd( e `1 i1 tV O ?GtJ'l d,�( I 1 ail is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the
?r^;e5 s�ei'l� of Sarana International Buddhist Center, a
Washington State non-profit corporation, to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
Dated ///040—
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14,0,4 - •' - N N. Public in and for the State of Washington
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DATED this d+d day of ilia ti air.'bat' , 2012.
GRANTEE: CITY OF TUKWILA
,y
ayor #
Attest/Authenticated: Approved As to Form:
CA64 d1. _
City Clerk City Attorney
STATE OF WASHINGTON )
ss.
County of King )
On this 02e day of AI'lJW 4 i I301. , 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.
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EXHIBIT `A'
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 23, RANGE 4
EAST, W.M. IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF THE RIGHT
OF WAY LINE OF THE RENTON THREE TREE POINT ROAD AND EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 22;
THENCE NORTH 88°11'04"WEST ALONG THE EAST-WEST CENTERLINE OF SAID
SECTION, A DISTANCE OF 520.50 FEET;
THENCE SOUTH 0°53'58"WEST 329.33 FEET;
THENCE SOUTH 88°15'01" EAST 248.50 FEET TO THE TRUE POINT OF BEGINNING OF
SAID DECRIBED LINE;
THENCE SOUTH 02°50' WEST 201.00 FEET, MORE OR LESS, TO THE NORTH LINE OF
SAID RENTON THREE TREE POINT ROAD.
EXCEPT THAT PORTION LYING WITHIN 51ST AVENUE SOUTH.
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