The URL can be used to link to this page

Home My WebLink About2006 - Sensitive Area Covenant and Hold Harmless Agreement - Nguyen Ly Thanh - 20060421000205Return Address: Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement Parties: Other: Nguyen, Ly Thanh Legal Description: 537920 -0200 CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 Last CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Company Name (if business) 5301 Slade Way Address Tukwila, WA 98168 City Assessor's Property Tax Parcel/Account Number(s): 20060421000205 CITY OF TUKWIL COV 37.00 PPGE001 OF 006 KING COUNTY 09:39 First Initial State Zip A Portion of the NW 1 /4 of the NW 1 4, Sec. 26, T.23N., R.4E., W.M., (a.k.a.) a Portion of Tract 22, Blk 2, McMiken Heights Div. No. 1 WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: Ly Thanh Nguyen Grantee: The City of Tukwila Legal Description (Abbreviated): Portion of Tract 22, Blk. 2, McMiken Heights Div. 1. a.k.a., a portion of the NW 1/4, 26- 23 -04. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Number: 537920 -0200 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Ly Thanh Nguyen, an individual, "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 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 short plat approval, land use permits, and/or under construction permit D04 -163 for the Property. WHEREAS, Grantor has performed a geological report, prepared by Zipper Zeman Associates, Inc., dated April 19, 2000 and a peer review has been accomplished by Shannon Wilson, Inc., dated March 9, 2001. 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. 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. DATED this ht GRAN?: Ly Thanh N By: Print Name: County of King yen, an individual STATE OF WASHINGTON) )ss. day of 1 bru a r 1/ 2006. I certify that I know or have satisfactory evidence that L Than N i.1� and isLarethe person(s) who appeared before me, and said individual(s) acknowledged that helshe/they signed this instrument and acknowledged it to be his/her/theirfree and voluntary act for the uses and purposes mentioned in this instrument. Dated re bruary 1 2006 Op:la s,,, Q g51 0 N E I ,oi io r, O TAR y N PUB I.\C' om:, 6. /i 9 16 0 e: E■V ASN\�_r ialiat Q. Alice A. Dea c y Notary Public in and for the State of Washington residing at Renton My appointment expires Fi 6-0g r i[ DATED this o's3 day of`� 2006. GRANTEE: CITY OF TUKWILA v‘ Mayor ATTEST: 9 d eoczcz.„, City Clerk STATE OF WASHINGTON ss. County of King On this 2 day of lorti undersigned, a Notary Public in and for the State of W personally appeared 5 print name tJ pD III 20 01- before me, the hington, duly commissioned and sworn, Y l0 OK and kn 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 h° he -was authorized to execute said instrument. 4 e were) WIT t SS my hand and official seal hereto affixed the day and year above written. NOTARY/'UBLIC in and for th State of Washington, residing 0 m i6Jiir e )•B.;; d 5/08 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE WEST 75 FEET OF THE NORTH 100 FEET OF THE FOLLOWING PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SECTION 26, T. 23 N., R. 4 E., W.M., IN KING COUNTY, WASHINGTON THENCE ALONG THE WEST LINE OF SAID SECTION, NORTH 0 °14'13" WEST 1,400 FEET; THENCE SOUTH 89 °21'31" EAST 664 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 0 °14'13" WEST 200 FEET; THENCE SOUTH 89 °21'31" EAST 160 FEET TO THE NW CORNER OF LOT 1, SILVERVIEW, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 138 OF PLATS, PAGE 81, IN KING COUNTY, WASHINGTON THENCE ALONG THE WEST LINE OF LOTS 1, 2, AND 3, SILVERVIEW SOUTH 0 °09'36" EAST 200 FEET; THENCE NORTH 89 °21'31" WEST 160 FEET; TO THE TRUE POINT OF BEGINNING. (BEING KNOWN AS A PORTION OF TRACT 22, BLOCK 2, MC MICKEN HEIGHTS DIVISION NUMBER 1, ACCORDING TO THE UNRECORDED PLAT THEREOF