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Home My WebLink About2015 - Sensitive Area Covenant and Hold Harmless Agreement - Eagle Creek Land & Development - 20150401002078 IND 131 Return to: 0150401002078 City Clerk CITY OF TUKWIL NOSH 78.00 City of Tukwila 04/01 /2015F15:14 6200 Southcenter Boulevard KING COUNTY, UA Tukwila, WA 98188 Above this line reserved for Recorder's use HOLD HARMLESS - SENSITIVE AREA Grantor/Borrower: /EA 61.LE- 612 i1. p .N o p V. /cz'5- S'Z Z72^'r' s °;(20f )I.xiv 7- AA?, Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): Section/Township/Range: N W 2 G. /2, I Olt Assessor's Tax Parcel Number(s): 7 7 744100 1 3 Property Legal Description (abbreviated): 5.4.uA2 v/0-w PC L. 0 7- t W lbw" /Ai i i N 72R 7 1iACW i L.A. B LA #L ill-a 03-6 1Z ec Zo /iii/z'/400c) o S D BL.A ,:•v4 £ e)7S /3 111 SD A.ot0 Ly St..Y or 5"3fe° P/.. S COVENANT AND HOLD HARMLESS AGREEMENT—Sensitive Area Page I of 1 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between , A4G,c IREE.‹. 4 DF ti. , (Individual(s) (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) as depicted in Exhibit B, which is attached and incorporated by reference. WHEREAS, as a condition of the issuance of subdivision plat 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. WHEREAS, Grantor assumed this obligation in order to obtain said subdivision plat approval, land use permits, and/or construction permits for the Property. 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 subdivision plat approval and/or other 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. COVENANT AND HOLD HARMLESS AGREEMENT—Sensitive Area Page 2 of 7 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. Grantor will maintain continuous insurance coverage as required by the permit authorizing the development. 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. COVENANT AND HOLD HARMLESS AGREEMENT—Sensitive Area Page 3 of i DATED this 7 day of �ao,ctAk.c , 20 I l GRANTOR(s): LG /e &ad Z /.2e 1 Lj--� GRANTOR(s): ViA - GRANTOR(s): individual(s) STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of I n GiA ; , 20 i S , before me a Notary Public in and for the State,of Washington, personally appeared 1 1 C4 E(, (0,4g(Fr , and , to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individual(s), for the uses and purposes mentioned in this instrument, and on oath stated that/she/they was /were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto s my hand and official seal the day and year first above written. \�G. SCG, /i, Name: (.,(6(../ E SSE Cr J_-g 01")- c�% , NOTARY PUBLIC, in and for the State of 2 • - Z Washington, residing at j u a` ,Zo (�_ eL e (At( oF My commission expires: /0 a �� Page 4 of 7 DATED this f&day of Ma(c (1 , 20 L6 . . GRANTEE: CITY OF T KWILA „_4,4 t-r // Mayor ATTEST: City Cler STATE OF WASHINGTON ) ) ss. County of King ) On this 0Z0 Ire( day of IltkhCA--- , 20 / , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Cl rr 4-4-74 r 6-y) and eihrf PLC 1 , known to me to be the c'tivel of CITY OF TUKWILA, the municipal Mayor and City Clerk, respe y, p 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/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. ,,•,...��+Iti� Mel,S5t� SA R y i� "-RC:417X)j- r. s OTARY PUBLIC in and for the i TA? A" g r. State of Washington, residing at 41 F WAS14 COVENANT AND HOLD HARMLESS AGREEMENT—Sensitive Area Page of of 7 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL B OF TUKWILA BOUNDRY LINE ADJUSTMENT,FILE No.L14-0056 RECORDED UNDER KING COUNTY RECORDING No.20141124900010, BETTER KNOWN AS LOT 13 OF SILVERVIEW PLAT,RECORDED IN VOLUME 138 OF PLATS,PAGES 81 THROUGH 83 RECORDS OF KING COUNTY,WASHINGTON, EXCEPT THAT PORTION OF LOR 13 SILVERVIEW,RECORDED IN VOLUME 138 OF PLATS,PAGES 81 THROUGH 83,RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT; THENCE NORTH 60 32' 22"EAST, 80.54 FEET ALONG THE NORTH LINE THEREOF; THENCE SOUTH 07 56'14"WEST, 32.83 FEET; THENCE NORTH 88 03'22"WEST, 47.36 FEET; THENCE SOUTH 64 55'09' WEST, 19.84 FEET TO SAID NOTHWEST CORNER AND THE POINT OF BEGINNING. TOGETHER WITH UNDIVIDED INTEREST IN TRACT A,SILVERVIEW,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 138 OF PLATS AT PAGES 81 THROUGH 83,RECORDS OF KING COUNTY,WASHINGTON. • 6or7 EXHIBIT B DEPICTION OF SENSITIVE AREAS , f' al Il A IN7 --R--- - ,;_,!, , , ,- ci 0 u (.11,- _ L -1--- {Jr 1 CD E D L.1-1 D _ __.. , _i >,_ y CI .. - - _i I__ Jac.i- L il 0 a . - Er) E.) _ ..7 ri rij ___________. r 1 1 IFT-1_ 1 -- _____ / [-1-) I ' -ii [91] 0 Ell") c:. LI <7.c- -cik p---442) ; Eii I • :. c:27 ____L jjj •4 (-1 4/4 Slope Classifications l� ii i+r+; 2 Landslide potential is moderate; slope is between 15% and 40% P-'�+-‘+- and underlain by reletively permeable soils. 1 ri8 1 � t 1 1 - 7 01 7