HomeMy WebLinkAbout2009 - Sensitive Area Covenant and Hold Harmless Agreement - Gorjance William - 2009020300095920090203000959
William Gorjance
16604 53rd Avenue South
Return Address:
Parties:
Other:
885880 -0040
CITY OF TUKWILA
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433-1800
CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement
City of Tukwila, WA
6200 Southcenter Boulevard
Tukwila, WA 98188
Gorjance William J
Last First Initial
Company Name (if business)
16604 53 Avenue South
Address
NOL
Tukwila WA 98188
City State Zip
Legal Description: A Portion of the SW 1 /4 of the NW 1/4 Sec. 26, T.23N., R.4E.,
W.M., King County, Washington
Assessor's Property Tax Parcel /Account Number(s):
WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Reference Number(s) of Related Document(s):
Grantor: William James Gorjance
Grantee: The City of Tukwila
Legal Description (Abbreviated): A Portion of the SW1 /4 of the NW1 /4, Sec. 26 T. 23 N.,
R. 4 E., W.M.
Full Legal Description: LOT 1 IN BLOCK 2, VALLEY VIEW HOMES, ACCORDING TO
THE PAT THEREOF RECORDED IN VOLUME 56 OF PLATS, PAGE 81, RECORDS OF
KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF 54 AVENUE
SOUTH AS VACATED BY TUKWILA ORDINANCE NO. 1236, RECORDED UNDER
KING COUNTY RECORDING NO. 8212030664.
Assessor's Tax Parcel ID Numbers: 885880 -0040
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between William James Gorjance, 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 of potential geologic
instability (potential slide areas).
WHEREAS, as a condition of Short Plat no. L08 -048 for the Property, the Grantee
required the Grantor to execute and record this "Sensitive Area Covenant and Hold Harmless
Page 1 of 4
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 Short Plat no. L08 -048 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 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 above.
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.
Page 2 of 4
IN WITNESS WHEREOF said individual have caused this instrument to be executed
this ab day of R9nJuLt 2008.
STATE OF WASHINGTON)
)ss.
County of King
antor
Property Owner
I certify that I know or have satisfactory evidence that Wi (1 ca n n r, yific -C
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.
�GLCL ri AtuerLe
Notary Public in and f9r the State of Washington
residing at
My appointment expires o
Page 3 of 4
DATED this /t day of
GRANTEE: CITY OF TUKWILA
STATE OF WASHINGTON
ss.
County of King
On this day of
Notary Public in and for the State
2 a n N *VIP 46 4 111
11�� NOON!
ii b y„ a`d 5a
Page 4 of 4
owl
26tyr,, before me, the undersigned, a
n, 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.
NOTARY PUBLIC in a d for the
State of Washington, residing at
1 4 -Iit) "/v