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Home My WebLink About2014 - Sensitive Area Covenant and Hold Harmless Agreement - O'Brien Timothy M - 20140815000871 WHEN RECORDED, RETURN TO: III I III I Ell 1101 0 III I II City Clerk City of Tukwila 20140815000871 6200 Southcenter Boulevard CITY OF TUKUIL Cov 147.00 PAGE-001 OF 004 Tukwila, WA 98188 08/15/2014 12:16 KING COUNTY, WA Grantor: Timothy M. O'Brien, an individual Grantee: The City of Tukwila, a Washington municipal corporation Legal Description (Abbreviated): A Portion of the N'h of the NW'/a, Sec. 22, T. 23 N., R. 4 E., WM. Full Legal Description: ADAMS HOME TRS 7 LESS N 248.65 FT LESS W 37.33 FT & POR 8 S OF LN 450 FT N OF S LN OF BLK&POR 9 WLY OF ST RD & S OF LN 450 FT N OF S LN& 27LESS S 100 FT &LESS POR SLY OF LN RNNG FR PT 12FTNOFNW CORSD 100 FT TO NXN OF S 100 FT SD LOT& WLY LN OF ST RD & E 91.47 FT OF 28 LESS ST RD, in King County, Washington. Assessor's Tax Parcel ID Numbers: 004000-0865 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Timothy M. O'Brien, 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 Page 1 of 4 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 Building permit approval under Building permit no. D14-0138 for the Property. WHEREAS, Grantor has performed Geotechnical Engineering Investigations, prepared by Krazan & Associates, Inc., dated March 22, 2013 and September 13, 2013. 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. Page 2 of 4 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 WHEREOF, said individual has caused this instrument to be executed this 1 j�7' day of J U L'f , 2014. V n l Property Ow r/Authorized Signature STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Timothy M. O'Brien 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 „Iv 2.ALt 144. 0.8•1? (\Da) ze 4oN t ,�y�", N1otaary l VPublic in and for the State of Washington s i _ •, _ CO, residing at Vell t S k e 4.04 4Ueo 6A:", My appointment expires �`�11 ► A kqi►►► 09 vrr` C9 r ` 1r II '111OF W '1•�'`e`6``` Page 3 of 4 DATED this 3- ti day ofvtt y , 2014. GRANTEE: CITY OF TUKWILA 4313 1- i Mayo / Attest/Authenticated: Approved As to Form: ar A. AAP lguiL (A City erk # City Attorney STATE OF WASHINGTON ) ) ss. County of King ) On this DID day of �� , 2014 , before me, the undersigned, a Notary Public in and for the Stat 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. C11t ° . y Nq�, print n- e op / � �r..' �� NOTARY PUBLIC in and for the 1 �'_ y �� s State of Washington, re ding at O �f it hp�,''0f WASO e Page 4 of 4