The URL can be used to link to this page

Home My WebLink About2006 - Sensitive Area Covenant and Hold Harmless Agreement - R House Construction - 20061114001184 (2) Return Address: Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement Parties: Other: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 Legal Description: 734060-0843 DOCUMENT RECORDING COVER SHEET City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Last R House Construction, Inc. Company Name (if business) 16720 SE 271 Street Address II I 0 0 0 I 0 20061114001184 CITY OF TUKWIL NOSA 69.00 PAGE001 OF 006 11/14/2008 11:15 KING COUNTY, WA First Initial Covington WA 98402 City State Zip A Portion of the NW 1 /1 of the NE 1 /4 Sec. 15, T.23N., R.4E., W.M., (a.k.a.) Lot 56, Riverside Interurban Tracts Tracts, according to the plat thereof, recorded in vollume 10 of plats, page 74, in King County, WA Assessor's Property Tax Parcel/Account Number(s): WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: R House Construction, Inc. Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the NW 1/4 of the NE 1/4, Sec. 15, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Numbers: 734060 -0843 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between R House Construction, Inc., a Washington State 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 and the Property is adjacent to sensitive areas of potential geologic instability (potential slide areas). WHEREAS, as a condition of the issuance of short subdivision 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 short subdivision approval under permit no. L06 -013, and/or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by Earth Consultants, Inc., dated April 28, 2006. 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. IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this 0 day of a 2006. STATE OF WASHINGTON) )ss. County of King Aut orized Signature 1 Authorized Signature I certify that I know or have satisfactory evidence that RI f}1 a rd D Rowley is the person who appeared before me, and said person acknowledged that heXslie signed this instrument, on oath stated that he /sitewas authorized to execute the instrument and acnowledged it as the Vice Pre sident of R House. l ns fra di on in r a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Ocfobtr /U, 2006 O ,taLe.e. CL. /(5 A /ice 4. Deacy Notary Public in and for the State of Washington residing at /Penton My appointment expires 6 /6--Off rh DATED this day of GRANTEE: CITY OF TUKWILA ATTEST: Mayor City Clerk 2006. STATE OF WASHINGTON ss. County of King On this r�" day of CX i 20 Ob before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 5 Ar -n M. Ono II C-1- and act tL C. (",u f Lt. 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. .n Lt_ A A1n te_r p [name J r MA 0 QF rq kt TARY PUBLIC in and fo he State of Washington, residing at `I A-KWiI et- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEGINNING AT A POINT 180.6 FEET SOUTH AND 237.63 EAST OF THE NORTHWEST CORNER OF LOT 56, RIVERSIDE INTERURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY, WASHINGTON; RUNNING THENCE NORTH 95 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST TO THE EAST LINE OF SAID TRACT; THENCE NORTHERLY ALONG SAID EAST LINE OF SAID TRACT; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID TRACT; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID TRACT TO A POINT DUE NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOUTH TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.