HomeMy WebLinkAbout2009 - Sensitive Area Covenant and Hold Harmless Agreement - Layng Conor / Layng Robyn - 20090203000958Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
17-7v-45 L'' zaps/ 74y %o TPo1
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area
II II 1111 I 111111 I
20 58
CITY OF TUKWIL NOS 49.00
1 OF 008
02/03/
02/03/2009 11:57
KING COUNTY, WA
Above this line reserved for Recorder's use
HOLD HARMLESS SENSITIVE AREA
D01 -O9 Li
Grantor /Borrower: C-OnCr Z-ay
Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Document Reference Number(s): D07 -094
Section/Township /Range: S 104 1 `f 2.3 CL
Assessor's Tax Parcel
N u m be r(s):_0003000095
Property Legal Description (abbreviated): /vs,4 fit 4'A -6 CW 3F 8,
NXN0C 0/1cr1GN OP SPM AtveS on 7MOPoeS /37 •ST
flf N 73 -15-30 0 16Y.7e9 FI 76 Toole Tit Cent, -f7 ,V /y MfaoA
f f- 15610 Fr N, S ltS-57- %V 8 /5.8t PP" rh N 7f n 3a F` 875',9
V)? W '1 97+00 k/ Y Sr. 7W Ft t S 1 {O- 3? w }'fij f/`
Page I of@
SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between
(.,mss' Gay f AO /4'y 7 (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.
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COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 7/of
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
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DATED this 6 44s 2C-07d a y of 200
GRANTOR(s):
GRANTOR(s):
individual(s)
STATE OF WASHINGTON
COUNTY OF KING
(lift:Way Public
State of Washington
TAVONA KAY SPOONER
My Appointment Expires Jul 12, 2010
N• •'Y 'UBLIC, in an or State of
On this (.P day of t 2007 before me a Notary Public in and for
the State of Washington, pe sonally appeared
Coneyd2vJes �lhp, 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 he /she /they was /were authorized to execute
said instrument.
ss.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
Na
Washington, residing at
tenrn G
My commission expires: itt 2642
Page if of$
DATED this
GRANTOR(s):
GRANTOR(s):
GRANTOR(s):
individual(s)
(seal)
S4it4e db G,onnettickt
(AUhfi f�Clrl vo�
day of
SS.
On this Zb day of )CA-( 200 T; before me a Notary Public in and for
the State of pers appeared
aob +1 Lam and
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 he /she /they was /were authorized to execute
said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and eltical
the day and year first above written
Name: flatifoln c Stone 1t
NOTAF&Y u EUBLIC, in and for the State of
-Ig hECnc
iiitaZIgtOFIT residing at
9`11 1 Si-
Stuns br vci CT CU D
My commission expires: 3h/it.)1 I
Page of
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DATED this IJ day of
GRANTEE: CITY QF TUKWILA
ATT
STATE OF WASHINGTON
Mayor
City C
ss.
County of King
On this (5 day of 20 0 before me,
the undersigned, a Notary Public in nd for th tate of Washington, duly
commissioned and sworn, personally appeared
si ml{ g0,r4
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.
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COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area
,200
NOTARY PUBLIC in and for the
State of Washington, residing at
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and
Page G of
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
FOSTER STEPHEN -D C 38 BEG NXN OF ELY MGN OF 53RD AVE S WITH NLY MGN OF S 137TH ST TH N 73-
25-30 E 169.769 FT TO TPOB TH CONTG ALG NLY MGN OF ST 18.207 FT TH S 48.59.00 E 15.84 FT TH N 74 -27-
30 E 100.715 FT TH N 49 -24 -00 W 98.750 FT TH S 40 -36.00 W 88.445 FT TH S 17.34 -28 E 20.451 FT TO TPOB
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page of 8
EXHIBIT B
DEPICTION OF SENSITIVE AREAS
s
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Pagel./ of—