HomeMy WebLinkAbout2015 - Sensitive Area Covenant and Hold Harmless Agreement - Nguyen Vui - 20151221000202WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
201512210 pp2 IN
11711W:11
Grantor: Vui Nguyen, a married women as her sole and separate estate
Grantee: The City of Tukwila, a Washington municipal corporation
Legal Description (Abbreviated): A Portion of the SE' /a of the SW' /a, Sec. 10, T. 23 N., R. 4
E., WM.
Full Legal Description: All of vacated Block 1, Riverside Interurban Tracts Replat Tract 34
(vacated), according to the plat thereof recorded in Volume 15, of Plats, Page(s) 49, in King
County, Washington;
TOGETHER WITH all of vacated South 125th Street adjoining.
Assessor's Tax Parcel ID Numbers: 734060 -0540
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Vui Nguyen, a
married women as her sole and 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 above.
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 boundary line adjustment 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
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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 approval
under Building permit no. D15-0157 for the Property.
WHEREAS, Grantor has performed a Geotechnical Engineering Study, prepared by Geo
Group Northwest, Inc., dated April 18, 2004; Geotechnical Engineering Report, prepared by Geo
Group Northwest, Inc., dated August 3, 2015; Addendum to Geotechnical Engineering Report,
prepared by Geo Group Northwest, Inc., dated September 2, 2015; and subsequent geotechnical
evaluation.
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 on page 1 of this document.
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.
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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 individual has caused this instrument to be executed
this k day of N O'11t y %f , 2015.
Property Owner / Authorized Signature
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Vui Nguyen is the person who appeared
before me, and said individual acknowledged that she signed this instrument and acknowledged
it to be their free and voluntary act for the uses and purposes mentioned in this instrument.
Dated ) 1 ) (Q
Notary Public in and for the State of Washington
residing at
My appointment expires ID 101 cei 9
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DATED this 1- 01 day of NOV 4� , 2015.
GRANTEE: CITY OF TUKWILA
Attest /Authenticated:
STATE OF WASHINGTON )
County of King )
ss.
Approve 4:s to Vim:
C'z Att s rney
On this ___ __day of W && Q ,,,�,� Q. , 2015, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Jim Haggerton, 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.
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