HomeMy WebLinkAbout2010 - Sensitive Area Covenant and Hold Harmless Agreement - Gonzalez Sidney - 20100820001399 WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila 20100820001399 13264 38th Avenue South
6200 Southcenter Boulevard CITY OF TUKWIL AG 65.00
Tukwila, WA 98188 PAGE -001 OF 004
08/20/2010 14:49
KING COUNTY, WA
Grantor: Sidney P. Gonzalez
Grantee: The City of Tukwila
Legal Description (Abbreviated): A Portion of the SE '/4 and the NE '/4 of the NW' /4, Sec. 15,
T. 23 N., R. 4 E., WM.
Full Legal Description: The North 225.30 feet of the South 285.30 feet of the East 120 feet of
Tract 60, Riverside Interurban Tracts, according to the plat thereof recorded in Volume 10 of
Plats, page 74, in King County, Washington; EXCEPT the North 67.65 feet thereof.
Assessor's Tax Parcel ID Numbers: 734060 -0920
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Sidney P. Gonzalez,
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 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.
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WHEREAS, Grantor assumed this obligation in order to obtain said building permit
approval under permit no. D09 -242 for the Property.
WHEREAS, Grantor has performed a geological engineering report, prepared by
Cornerstone Geotechnical, Inc., dated December 8, 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.
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.
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IN WITNESS WHEREOF, said individual has c sed this instrument to be executed
this Qt day of Aa 20
/erty e Grantor
STATE OF WASHINGTON)
)ss.
County of King r
I certify that I know or have satisfactory evidence that ll net( V1 a PpAro a Go z
v
is the person who appeared before me, and said individual acknowledged that they signed this
instrument and acknowledged it to be their free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated (01 N ao 10
Notary Public in and for the State of Washington
residing at j
My appointment expires I'D I N
Notary Public
State of Washington
LESLIE A KAHOUN
My Appointment Expires Oct 16, 2013
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DATED this DDJ day of U\ V 2010.
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GRANTEE: CITY OF TUKWILA
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Ma r V
A est/Auth nticated: Approv d As to Form:
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City Clerk ty orne
STATE OF WASHINGTON
ss.
County of King
On this :�)j day of J U �L 2010, before me, the undersigned, a
Notary Public in and for the State of WaAington, 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 PUB&C' in and for the
VIC State of ashington, residing at
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