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Home My WebLink About2011 - Hold Harmless Sensitive Area Agreement - Thornton Raleigh - 20110920000603Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 20110920000603 SLATTEN AG 68.00 PAGE -001 OF 007 09/20/2011 12:22 KING COUNTY, WA Above this line reserved for Recorder's use ti HOLD HARMLESS - SENSITIVE AREA /.�Gp..F Mer`1 -' tirM�f ; iii -E57� £Ii- 177 Grantor /Borrower: RaleighThornton Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): Section/Township /Range: NW - 14 - 23 - 4 Assessor's Tax Parce; Number(s): 2172000205 Property Legal Description (abbreviated): EAST RIVERTON GARDEN TRS 2ND NELY 25 FT OF 39 & ALL 40 COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page 1 of7 D1H57 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless reement is entered into between / �2/1 %ra harmless , (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 attomey 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 o 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 Toss, 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 Sof 7 DATED this GRANTOR: individual(s) day of ALA --r> • q Y STATE OF WASHINGTON ss. COUNTY OF KING ,20a On this c23r"l day of . , 20 1/ , before me a Notary Public in and for the State of Washingto , personally appeared £b rr►ri. i c L o v- ,tome 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 he /she /they was /were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. MICHELLE K. WILSON STATE OF WASHINGTON NOTARY PUBLIC -MY COMMISSION EXPIRES 09 -28-13 1,..a/.62&14-te.16 Wil.4.4v) Name: Yl ie.ka.I,Ui 14 (.iC10 i SOYA NOTARY PUBLIC, in and for the State of Washington, residing at salts 19,01-1-4-t Ate, 5. . My commission expires: l 1 ig 1 COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page of DATED this 1b- day of '>v , 201 . STATE OF WASHINGTON County of King ss. On this h day of X-C �2k/y1 hz'.� , 20 1/ , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared i Yti1 a 5'( + Y and 1V1 e L i 556 -Et ak. , known to me to be the Mayor and City Clerk, respectively, 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/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. a- i-7cs A. A1 rnh3 J 'Dil di? t nt name 16-( ?, NOTARY PUBLIC in a • • for the State of Washington, residing at _" 11,1 ►L,i,'�,': is COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page sof.T EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TRACT 40, SECOND ADDITION EAST RIVERTON VOLUME GARDEN 2 OF TRACTS, ACCORDING TO PLAT RECORDED PLATS, PAGE 79, IN KING COUNTY, WASHINGTON: EXCEPT ANY PORTION THEREOF LYING BELOW WERE LINE OF ORDINARY HIGH WATER OF THE DUWAMISH THE NORTH 25 FEET OF TRACT 39, SECOND ADDITION T AST RECORDED RIVERTON GARDEN TRACTS, ACCORDING TO IN VOLUME 12, OF PLATS, PAGE 79, IN KING COUNTY, WASHINGTON. COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Pigs rof EXHIBIT B DEPICTION OF SENSITIVE AREAS 15302 2172000095 13315 2/72000105 13301 2172000000 5610 21720au24.7 19319 5612 2172000110 2/720002 2172000716. , 13925 2/72000120. 2'172.000226 13327 13331 21!2000126 .:_ 21721100222 2172000230 • 13341 . 2172.000129. 2172000130 13993 0¢+ • •.,,2172000131 ' .1172000 .21720001'40 1.3312 13349 2172000215 2172000i'45, 19317 73357 2172000150 /9355 2172000155 217!2 13924 2172600160 13361 13936 12172000/95 13940 2173000120 13944 2172000185 21713350 2000180 • �!u 13354 2172000175 13360 2172000165 COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page7of 7