The URL can be used to link to this page

Home My WebLink About2008 - Sensitive Area Covenant and Hold Harmless Agreement - McCarter Properties LLC - 20080118001140 Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 DOCUMENT RECORDING COVER SHEET Document Title: Sensitive Area Covenant and Hold Harmless Agreement Parties: City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Other: McCarter Properties, LLC 3033 NW 70 Street Address 111111r'r,Mt1 Company Name (if business) Seattle WA 98117 City State Zip Legal Description: A Portion of the SE Vi of the NE 'A Sec. 22, T.23N., R.4E., W.M., (a.k.a.) The Easterly 20 feet of the South half ofTract 5 and Tract 6, except the Westerly 20 feet of the North half of said Tract 6, Block 2, Adams Home Tracts 2 addition, together withTract 7, block 2, Adams Home Tracts 2 addition, according to the Plat thereof recorded in volume 12, page 50, in King County, Washington Assessor's Property Tax Parcel/Account Number(s): 004200 -0147 004200 -0148 WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: McCarter Properties, LLC Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the SE% of the NE%, Sec. 22, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Numbers. 004200 -0147 004200 -0148 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between McCarter Properties, LLC, a limited liability company, "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). WHEREAS, as a condition of the issuance of Building permits D07 -043 and D07 -044 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 Building permit numbers D07 -043 and D07 -044 for the Property. DATED this i day of SeF'Ien1 13 z r 2007 GRANTOR: McCarter Properties, LLC a limited liability company By: 7z %lc_ Print Name: �M7cc /c K" %lc Its: Cw<v STATE OF WASHINGTON ss. COUNTY OF KING On this ;g day of &ptz 2007, before me a Notary Public in and for the State of Washington, personally appeared 0 e. mcCcL rtc' r to me known to be the owner of I(Y)eCarter TrofertieS a limited liability corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 2 h z eN �-9/ Name: k u r� c &LYz. 1-c S4 6 1 Ag y v NOTARY PUBLIC, in and for the State of y 2 Washington, residing at Fdt L 1c\ i4 qr „a 29\��`rC 4y commission expires: Ca -29-/C WHEREAS, Grantor has performed geological reports and evaluations, prepared by Icicle Creek Engineers, dated July 9, 2004. 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. DATED this day of SC %tc--6e;/-c— 2007. GRANTEE: CITY OF TUKWILA ATTEST: STATE OF WASHINGTON ss. County of King On this day of C .;totbe r 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M tk I I e-t and J Cane 0. 0. n •--z 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. y w k R'UBi;° OE t ittw. rla>` A. A- Me nam lid J 1,4A, NOTARY PUBLIC in and for the State of Washington, residing at u.Kui L J EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TAX. LOT 0042000147: THE EASTERLY 20 FEET OF THE SOUTH HALF OF TRACT 5 AND TRACT 6, EXCEPT THE WESTERLY 20 FEET OF THE NORTH HALF OF SAID TRACT 6, BLOCK 2, ADAMS HOME TRACTS 2ND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12, PAGE 50, IN KING COUNTY, WASHINGTON; (ALSO KNOWN AS A PORTION OF PACEL B OF TUKWILA BOUNDARY LINE ADJUSTMENT #90 -9, RECORDED UNDER KING COUNTY RECORDING N0.9012050391). TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES RECORDED UNDER KING COUNTY RECORDING NO. 8908181381;. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE SOUTH 25 FEET OF TRACT 7, BLOCK 2, ADAMS HOME TRACTS 2ND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12, PAGE 50, IN KING COUNTY,' WASHINGTON. TAX LOT 0042000148: TRACT 7, BLOCK 2, ADAMS HOME TRACTS 2ND ADDITION, ACCORDING T.O THE PLAT THEREOF RECORDED IN VOLUME 12, PAGE 50, IN KING COUNTY, WASHINGTON; (ALSO KNOWN AS A PORTION OF PARCEL B OF TUKWILA BOUNDARY LINE ADJUSTMENT #90 -9, RECORDED UNDER KING COUNTY RECORDING N0.9012050391). TOGETHER_ WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES RECORDED UNDER KING COUNTY RECORDING NO 8908181381;; SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE SOUTH 25 FEET OF TRACT 7, BLOCK 2, ADAMS HOME TRACTS 2ND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12, PAGE 50, IN KING COUNTY, WASHINGTON.