HomeMy WebLinkAbout2009 - Sensitive Area Covenant and Hold Harmless Agreement - Pratej LLC - 20090514000857 WHEN RECORDED, RETURN TO:
City Clerk 20090514000857 1350 53rd Avenue South
CITY OF TUKWIL COV
City of Tukwila PAGE001 OF 00d
6200 Southcenter Boulevard KING4COUNTY, WA4
Tukwila, WA 98188
Grantor: PRATEJ, LLC, a Washington State limited liability company
Grantee: The City of Tukwila, a Washington municipal corporation
Legal Description (Abbreviated): A Portion of the SW1/4 of the NW1 /4 and a portion of the
NW1 /4 of the SW1/4, Sec. 14, T. 23 N., R. 4 E., WM.
Full Legal Description is found on Exhibit `A' of this document.
Assessor's Tax Parcel ID Numbers: 000300 -0038
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between PRATED, LLC, a
Washington State limited liability company "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 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 said Public Works
approval under SEPA permit no. E08 -023, and/or construction permits for the Property.
WHEREAS, Grantor has performed geological reports and evaluations, prepared by
ABPB Consulting, dated December 3, 2008 and March 2, 2009; and completed a geotechnical
peer review by Nelson Geotechnical Associates, Inc. (NGA), dated April 17, 2009.
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 _,QA day of 2009. /1'
A V
Grantor P,fderty Owner
STATE OF WASHINGTON)
)ss.
COUNTY OF KING
I certify I have know or have satisfactory evidence that P� 4 u. R 0 .1
IN 'k 'i b I lc--- V 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 acknowledge as the
V -6p e ec of
e r t e. L L a limited liability company, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated
AAAAAAAAAAAA
JOE OFECIAR
NOTARY PUBLIC U a
STATE OF WASHINGTON Notary Public in and f the State of Washington
COMMISSION EXPIRES residing at I— L')
JUNE 29, 21111 My appointment expires 6/ Z-T /Zd l
n.
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DATED this C1 ft day of 2009.
GRANTEE: CITY OF TUKWILA
-Mayor
Attest/A�thenticated B Approved As To Form by
City Clerk Q/ v ity A ney
STATE OF WASHINGTON
ss.
County of King
On this gl-ft day of 2009, before me, the undersigned, a
Notary Public in and for the State of Washingtoy, 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.
print name
NOTARY PUBLIC in and for the
State of Washington, residing at
s -f,'% Slt rr4 4/'
S
11 /1 11 Oi
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EXHIBIT `A'
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF THE STEPHEN FOSTER DONATION LAND CLAIM
NO. 38
IN THE WEST 1/2 OF SECTION 14 IN TOWNSHIP 23 NORTH OF
RANGE 4 EAST
W.M. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIPE LOCATED AT THE INTERSECTION
OF THE
SOUTHEASTERLY MARGIN OF FOSTER STREET 52ND AVE SOUTH
RIGHT
OF —WAY WITH THE SOUTHWESTERLY MARGIN OF THE DUWAMISH—
RENTON JUNCTION ROAD INTERURBAN AVENUE SOUTH
RIGHT —OF —WAY;
THENCE SOUTH 49'11'08" WEST, ALONG SAID SOUTHEASTERLY
MARGIN,
83 FEET TO AN IRON PIPE HEREINAFTER REFERRED TO AS POINT
"A
THENCE CONTINUING SOUTH 4911 "08" WEST, ALONG SAID
MARGIN, 25.36
FEET; THENCE SOUTH 31'03'30" WEST, CONTINUING ALONG SAID
MARGIN
147.89 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 23'49'16" EAST 189.97 FEET; THENCE NORTH
40'36'00" EAST
TO A POINT WHICH BEARS SOUTH 49'24'00" EAST FROM SAID
POINT "A
THENCE NORTH 49'24'00" WEST TO A POINT ON THE SOUTHEAST
LINE OF A
TRACT CONVEYED UNDER RECORDING NO. 4081419 WHICH IS
110.00 FEET
FROM SAID POINT "A
THENCE SOUTH 40'36'00" WEST, ALONG SAID LINE 70.00 FEET;
THENCE NORTH 49'24'00" WEST, ALONG THE SOUTHWEST LINE OF
SAID
TRACT, TO SAID SOUTHEASTERLY MARGIN;
THENCE SOUTH 31'03'30" WEST, ALONG SAID MARGIN, TO THE
POINT OF
BEGINNING.
The East 10 feet of Lot 13 and all of Lot 12, Block 2 of
Hillman's Lake Front Addition to the City of Seattle Division No.
3, according to the Plat thereof recorded In Volume 10 of Plats.
Page 78, In King County, Washington.
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