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HomeMy WebLinkAbout2006 - Sensitive Area Covenant and Hold Harmless Agreement - Singh Ajmer - 20060803001052WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 iiillIflItiIullhIi/jyiiiggiji Grantor: Ajmer Singh, a married person, as a separate estate Grantee: City of Tukwila, a municipal corporation of King County, Washington Legal Description (Abbreviated): A Portion of the NE 1/4 of the SW 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 Number(s): 736060 -0270 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Ajmer Singh, a married person, as a separate estate, "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 -003, and/or construction permits for the Property. WHEREAS, Grantor has performed a geological report, prepared by GEO Group Northwest, Inc., dated August 31, 2005. 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 ve caused this instrument to be executed this 2'{t) day of Nto y 2006. Authorized Signature is /are the person(e) who appeared before me, and said individual acknowledged that he /si °i� signed this instrument and acknowledged it to be his/ kheir free and voluntary act for the uses and purposes mentioned in this instrument. Dated Nay 24 2.006 Auth zed Signature STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that Ainiu Si n yh Q. Aez2,r. j- Alice A. Deari Notary Public in and for the State of Washington residing at i'nfon My appointment expires ti —/h D,S' ATTEST: DATED this 1g day of GRANTEE: CITY OF TUKWILA 2006. STATE OF WASHINGTON ss. County of King On this LW day of S LA. V 20 W0 before me, the undersigned, a Notary Public in and for the State o Washington, duly commissioned and sworn, personally appeared •.t- v e r m, YHVH 4 2 k and r\ e E c Q r■ u 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. print name S0.rt a !a_nl 0 NOTARY PUBLIC in and for th State of Washington, residing at (2- vvl; o r. wA Co VV‘ "r• ork ex pires 3- a`l-10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF LOTS 1 AND 2, BLOCK 5, TRACT A AND A PORTION OF SOUTH 137th STREET (GARDEN PLACE), ROBBINS' VIEW TRACT ADDITION TO RIVERTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGES(S) 90, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 89'52'24" EAST ALONG THE SOUTH LINE THEREOF 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCH NORTH 27'03'34" WEST 42.97 FEET; THENCE NORTH 0'55'41' WEST 125.25 FEET TO A POINT THAT LIES NORTH 78 WEST 58.07 FEET FROM A POINT ON THE EAST LINE OF SAID LOT 1, 153.15 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 78'39'09" EAST 58.07 FEET TO SAID EAST LINE; THENCE SOUTH 0 WEST ALONG SAJD EAST LINE, 33.15 FEET TO THE NORTH LINE OF THE SOUTH 120.00 FEET OF SAID LOT 2; THENCE SOUTH 89 EAST ALONG SAID NORTH LINE, 45.00 FEET TO THE EAST LINE OF SAJD LOT 2; THENCE SOUTH 0 WEST ALONG SAJD EAST LINE AND ITS SOUTHERLY PROLONGATION, 150.00 FEET TO THE CENTERLINE OF VACATED SOUTH 137th STREET; THENCE NORTH 89 WEST ALONG SAID CENTERLINE 30.00 FEET TO THE EAST MARGIN OF 41st AVENUE SOUTH; THENCE NORTH 0 EAST 30.00 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE NORTH 89 WEST ALONG THE SOUTH LINES OF SAID LOT 2 AND LOT 1, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING.