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Home My WebLink About2007 - Sensitive Area Covenant and Hold Harmless Agreement - Dunaway James - 20070817001605Return 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 City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Dunaway James Last First Initial 14117 57th Avenue South Address 20070817001605 DOCUMENT RECORDING COVER SHEET Tukwila WA 98168 City State Zip Legal Description: A Portion of the SE of the SW '/4 Sec. 14, T.23N., R.4E., W.M., (a.k.a.) Lots 17, 18 19; Block 4, Hillman's Seattle Garden Tracts, according to the plat thereof recorded in volume 11 of plats, page 24, records of King County, Washington; Except that portion deeded to City of Tukwila under recording nos. 8612111024 and 8804250667, situate in the County of King, State of Washington. Subject to an easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following for retaining wall, recorded in official records under recording no. 8804250669. Assessor's Property Tax Parcel/Account Number(s): 336590 -0345 WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: James Dunaway Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the SE of the SW'/, Sec. 14, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Numbers: 336590 -0345 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between James Dunaway, 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 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. L07 -028, and /or construction permits for the Property. 1 of 5 WHEREAS, Grantor has performed geological reports and evaluations, prepared by Bruce S. MacVeigh, P.E., dated May 7, 2007. 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. 2 of 5 IN WITNESS WHEREOF, said individual have caused this instrument to be executed this O day of c y zit 2007. STATE OF WASHINGTON) )ss. County of King mc 3 `J 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. I certify that I know or have satisfactory evidence that Notary Public in and for the State of Washington residing at V..‘1•0 My appointment expired s t o 3 of 5 is the X� ff DATED this. GRANTEE: CITY OF TUKWILA 2007. ayor A UAuthenticated: Approved As to Form. C Jerk City Attorney STATE OF WASHINGTON ss. County of King On this to day of J 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared s- Y\A (ma' 1 et 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. Alitga�h \5g \ON e>.•9 t pT ARy 9 N t PURL \C) e al l WA 4 of 5 Na A. A c e, /print n, 3 -y, NOTARY PUBLIC in and for the State of Washington, residing at la -o� EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lots 17, 18 19; Block 4, Hillman's Seattle Garden Tracts, according to the plat thereof recorded in volume 11 of plats, page 24, records of King County, Washington; Except that portion deeded to City of Tukwila under recording nos. 8612111024 and 8804250667, situate in the County of King, State of Washington. Subject to an easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following for retaining wall, recorded in official records under recording no. 8804250669. 5 of 5