HomeMy WebLinkAbout2008 - Sensitive Area Covenant and Hold Harmless Agreement - The Boeing Corporation - 20081212000805Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
20081212000805
CITY OF TUKWIL NOSA 53.00
PAGE001 OF 012
12/12/2008 14:32
KING COUNTY, WA
Above this line reserved for Recorder's use
HOLD HARMLESS SENSITIVE AREA
Grantor /Borrower: Boeing Corporation
Duwamish Waterway / East Marginal Way South
1135 S WEBSTER ST
Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Document Reference Number(s): F'W OS i`(2_
Section/Township /Range: Se c. 2? k .J a 3 2 row 4 S L I( Z 9 tJ Kfkle4t
Assessor's Tax Parcel Number(s): 2 '3 5 06 0005
Property Legal Description (abbreviated):
A ¶"ct loctwera :5 Wakr+W
oi a f 51.05 1:31.,gA co rirl e ,cid I,JAtcoar� y p; s-1- 40 1 04 /c,4
Co Co A5S.. 0.4 C. P"r Avy',s WAY 5%
COVENANT AND HOLD HARMLESS AGREpMENT Sensitive Area
1
Page I of 12
SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between
(Individual(s) (Corporation) 13 t "Grantor), and the
City of Tukwila, a Washington municipal corporation "Grantee
RECITALS
WHEREAS, Grant or 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, apportion 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 loss incurred as a result of
any landslide or seismic activity or soil disturbance as provided herein.
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 "claims 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,
but only to the extent that such not have occurred but for the issuance by the
Grantee of Public works permit no PW08 -142. PAGE L
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 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. The record of this instrument shall satisfy the requirements of this
section 3.
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.
pac c 3
DATED this' N day of 1- N 200_1
GRANTOR:
a YOU itiq corporation
By: fiuci
Print Name: &LG kiktA
Its:
STATE OF WASHINGTON
(seal)
ss.
COUNTY OF KING
On this 10 day of Nojcwcher 2003, before me a Notary Public in
and for the State of Washington, personally appeared
EP■c A 1 to me known to be the
Monc,le.- of 5'\ 5c<.ttce a
13Or vt% corporation that executed the foregoing instrument, and
acknowldtlged 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.
Name: Ajov o A. Con »icc rho
NOTARY PUBLIC, in and for the State of
Washington, residing at
KaA4-, Ca-lash-1
`12`47011
My commission expires
►s
Notary Public
State of Washington
MARK: A CORONADO
My Appohement Expires Sep 24, 2011
nor prinr ear err e
DATED this 5n day of Iectotba 20Db_.
GRANTEE: CITY OF TUKWILA
Mayor
A T
City Cle c'.;
STATE OF WASHINGTON
ss.
County of King
On this 5 .11- day of ��f;CQ fltbe✓ 2003 before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared
�t M Att./ Jett l li�U t b)� and
tn/1,vrghf /l 0' (Ah.evlt.� U known to me to be the
Mayor and City Clerk, res ctively, 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.
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area
NOTARY PUBLIC in and for the
State of Washington, residing at
Page Cot 4--
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page o f
Exhibit A
Legal Description Plant 2 pp}Ce.
APN: 218500 -0005, 002200 -0005, 292404 -9056, 292404 -9098
A tract of land between the Duwamish Waterway as established by Commercial Waterway
District No. 1 of King County, Washington and East Marginal Way South in sections 29 and
32, Township 24 North, Range 4 East, W.M., described as follows:
Beginning at the intersection of the south margin of South Webster Street, being 12
feet south of the centerline thereof, and the southwesterly margin of East Marginal Way
South, being 65 feet southwesterly of the centerline thereof;
Thence south 47 °52' 17" east, along the southwesterly margin of East Marginal Way South,
221.97 feet, to the west margin of 14 Ave. South;
Thence south 00 °58'43" west, along the west margin of 14 Ave. South being 60 feet in
width, 543.66 feet, to a point that is 637.11 feet north of the south line of Government Lot13
in said section 29;
Thence south 88 °05'51" east, parallel with said south line, 60.01 feet to the east margin of
14 Ave. South;
Thence north 00 °58'43" east, along said east Margin, 8 65 feet;
Thence south 48 °04'58" east 40.52 feet;
Thence south 63 °42'03" east 2.89 feet;
Thence south 77 °07'32" east 95.00 feet;
Thence south 55 °24'26" east 106.78 feet;
Thence south 47 °51'41" east 1.02 feet, to the intersection of a line that is 100 feet west of
the west margin of 16 Avenue South, being a 100 foot right of way;
Thence south 01 °57'52" west, parallel with said west margin, 24.99 feet, to the intersection
of a line 517.11 feet north of the south line of government lot 13 in said section 29;
Thence south 88 °05'51" east, parallel with said south line, 100.00 feet, to the west margin of
16 Ave. South;
Thence south 01 °57'52" west, along the said west margin of 16 Ave. South, 282.42 feet, to
a point of curve;
Thence continuing along said west margin on a curve to the right, said curve having a radius
of 1860.08 feet, through an included angle of 11 °02'53" an are length of 358.67 feet, to the
point of tangency;
Thence continuing along said west margin, south 13 °00'45" west 282.75 feet, to the north
line of a portion of 16 Ave. South, as vacated by King County Ordinance No. 858 and filed
in King County records under recording No. 7111090468;
Thence south 76°59'15" east, along said vacated north line, 89.03 feet;
Thence south 13 °00'45" west, along the east line of said vacated 16 Ave. South 262.34
feet, to the east line of the Duwamish Waterway as established by Commercial Waterway
District No. 1;
Thence north 47 °51'36" west, along said east line of the waterway 101.91 feet, to the
westerly line of said vacated 1 6 th Ave. South;
Thence continuing north 47 °51'36" west, along said east line of the waterway 2380.00 feet
to the median line of Slip No. 4 as defined in an agreement recorded under recording No.
4477307, in King County records;
Thence north 56 °29'43" east, along said median line, 290.45 feet to an angle point in said
median line;
Thence north 43 °08'07" east, along said median line, 293.08 feet;
Thence south 51 °08'00" east, perpendicular to vacated Riverside Ave., 107.50 feet, to the
intersection with the extension of the south line of Lot 7 Block 43 of River Park as filed in
King County records, in volume 7 of plats page 41;
Thence south 88 °14'56" east, along said south line extended, 199.95 feet, to the west line of
Abrams Addition as filed in King County records, in volume 11 of plats page 30;
Thence north 01°51'19" east, along said west line, 68.25 feet, to the northwest corner of
block 5 of Abrams Addition as platted;
Thence south 88 °14'51" east, along the north line of said block 5,
367.67 feet, to the northeast corner thereof;
Thence south 01 °40'39" west, along the east line of said block 5,
236.00 feet, to the southeast comer thereof;
Thence continuing south 01 °40'39" west 24 feet, to the northeast comer of block 4 of said
Abrams Addition;
Thence south 88 °14'51" east, parallel with Austin Street 3.55 feet, to a parcel of land deeded
to the City of Seattle, filed under recording No. 8802190331 records of King County;
Thence south 48 °16'50" east 89.36 feet;
Thence north 42 °25'58" east 45.24 feet;
Thence north 02°22'56" east 23.09 feet to the south margin of Austin Street;
Thence south 88 °14'51" east, along the south margin of Austin Street 14.20 feet to the west
line of City of Seattle Vacation Ordinance 114027;
Thence north 01 °45'09" east, along said west line, 24.00 feet, to the southwest corner of lot
2 block 6 of said Abrams Addition;
Thence north 01°40'52" east along the west line of said lot 2, 118.00 feet, to the northwest
corner of' said lot 2;
Thence south 88 °14'51" east, along the north line of lot 2, 92.02 feet, to the southeast corner
of lot 6 block 6 of Abrams Addition;
Thence north 01 °41'04" east, along the west line of said lot 6, 118.00 feet, to the northwest
corner of lot 6 and the south margin of South Webster Street;
Thence south 88 °14'51" east, along the south margin of South Webster Street, 100.40 feet to
the point of beginning.
Containing 1,888,628 square feet or 43.356 acres.
PAc,t
EXHIBIT B
DEPICTION OF SENSITIVE AREAS
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page t of
PHOTO APPENDIX
Building 2 -10 Armoring Maintenance
Tukwila, Washington
Geo
matrix
This appendix provides photo documentation to supplement the Biological Evaluation, dated
June 2008, prepared by Geomatrix Consultants, Inc. This document was prepared for the
Building 2 -10 Armoring Maintenance project, Tukwila, Washington, and was submitted on
behalf of The Boeing Company.
io (Plops sea a o�eoi sir
mss.
A 9 UQtla nl d
SI sm nY
PHOTO 1 AERIAL PHOTO OF PROPOSED PROJECT SITE
(YELLOW POINTER)
Building 2 -10 Armoring Maintenance, Tukwila, Washington
pAC,E 2 oF'-t
PHOTO 2 RIPRAP ALONG SHORELINE BENEATH BUILDING 2 -10
Buildin: 2 -10 Armorin• Maintenance, Tukwila, Washington
i; Geo
matrix
PHOTO 3 OUTFALL F
(NOTE ERODED BANK AND COLLAPSED ARMORING BENEATH OUTFALL)
Building 2 -10 Armoring Maintenance, Tukwila, Washington
P4G &_3 UFY
PHOTO 4 OUTFALL G (WHITE ARROW) AND SURROUNDING ARMORING
Building 2 -10 Armoring Maintenance, Tukwila, Washington
Pfc,E 4 oF4
/Z Geo
matri