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HomeMy WebLinkAbout2010 - Sensitive Area Covenant and Hold Harmless Agreement - Kochhar Gurunam Singh - 20100610000869Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 gagsigp cot rue Above this line reserved for Recorder's use HOLD HARMLESS SENSITIVE AREA 20100610000869 Grantor /Borrower: Gurunam Kochhar 14813 48th Avenue South Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): Section /Township /Range: Assessor's Tax Parcel Number(s): 00 4,2.10 ©0 S5 Property Legal Description (abbreviated): A4)/9/144 /•70/ g re'9t i3 62-`i Rau gerzno c2F COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page of SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between I r (Individual(s) "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) as depicted in Exhibit B, which is attached and incorporated by reference. WHEREAS, as a condition of the issuance of subdivision plat 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 subdivision plat approval, land use permits, and /or construction permits 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 subdivision plat approval and /or other 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. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 2- of 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. Grantor will maintain continuous insurance coverage as required by the permit authorizing the development. 5. 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. 6. 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. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 3 of 7 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TAX PARCEL 0042000053 14813 48TH AVE SOUTH ADAMS HOME TRACTS 2ND ADDITION PORTION BEGINNING 84 FEET SOUTH OF NE CORNER, THEN WEST 118 FEET, THEN SOUTH 15 FEET, THEN 10 FEET WEST TO WESTERLY LINE, THEN SOUTH 111 FEET, THEN EAST 128 FEET, THEN 126 FEET NORTH TO POINT OF BEGINNING. (16,079 SQUARE FEET) TAX PARCEL 0042000052 VACANT ADAMS HOME TRACTS 2ND ADDITION PORTION OF LAND 210 FEET SOUTH OF NE CORNER (12,800 SQUARE FEET) COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page if of 7 0' F ILc- EXHIBIT B DEPICTION OF SENSITIVE AREAS F It� 1s l 5 1 2 E, R. N. Parnell Coma x_ 442`2 `i7ii Place r 7 COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Issaquah, WA 9802i Page 7 of 425 643-3560 \h DATED this 10 GRANTOR(s): GRANTOR(s): GRANTOR(s): individual(s) STATE OF WASHINGTON COUNTY OF KING 0 �3- OTA,p A 4 i yi N% S i 'k v jr y� `F28- 't0 .w''k0= /,l ��WAS day of Witt. 20(0. ss. On this /(0 day of Inir(_k 20 10 before me a Notary Public in ar),d for the State of Washington, personally appeared &ururycrn .5 9 Ker r and to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individual(s), for the uses and purposes mentioned in this instrument, and on oath stated that he /she /they was /were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Name: orhe gU/{r'C NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: Page 6 of 7 (')a/ 02clf/U 7 DATED this `-f day of GRANTEE: CITY OF TU WILA czniackt_ T: Cit County of King Mayor STATE OF WASHINGTON ss. ,20 On this 4u day of (V14-( 20 ID before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared J i (NA -a and M e L i SSc 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 COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area int name 2p. Q (ii/1nb-eAl Y NOTARY PUBLIC in and of the State of Washington, residing at Page 7 of