HomeMy WebLinkAbout2006 - Sensitive Area Covenant and Hold Harmless Agreement - Solem Joyce - 20060621000332Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
11111 I 1111 1111111
2006062
CITY OF TUKWIL NOS 38.00
PRGE001 OF 007
06/21/2006 10:12
KING COUNTY, WR
Above this line reserved for Recorder's use
HOLD HARMLESS SENSITIVE AREA
Grantor /Borrower: Gordon Solem
50 r 1/4/ e_ wt
Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Document Reference Number(s):
Section/Township /Range: NW 26 23 4
Assessor's Tax Parcel Number(s): 537920 -0232
Property Legal Description (abbreviated):
28 -29 2 MC MICKEN HEIGHTS DIV 1 UNREC POR BEG AT NW COR OF 29
TH S 200 FT TH S 89 DEG 21 MIN 31 SEC E 140 FT TH N 00 DEG 14 MIN 13
SEC E 153.08 FT TO NLY LN OF 28 TH NWLY 148.34 FT TO BEG
COVENANT AND HOLD HARMLESS AGREEMENT S ensitive Area
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Page 1 of 7
SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Gordon
Solem, "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 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 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 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
COVENANT AND HOLD HARMLESS AGREEMENT S ensitive Area Page of 2
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 5 ensitive Area Page 3 of 2
DATED this
GRANTOR(s): Gordon Solem
individual(s)
STATE OF WASHINGTON
COUNTY OF KING
da of )14 sy 2006
ss.
On this /day of 2006, before me a Notary Publi in and for
the State of Washingt9n, pers ally appeared Gordon Solem, u
el, o1..e to me known to be the individual(s) that
exe ted the foregoing instrument, and acknowledged it to be the free and
voluntary act of said individual(s), for the use nd pu -s mentioned in this
instrument, and on oath stated that he /sh= (Jwas(* uthorized to execute
said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
N` fie: E M /1 4
(seal 4 NOTARY PUBLIC, in and for the State of
/C z W iding pt
iii s 'Ja -0 /r 2
i y
w pawr
My commission expires: ?g 12
Page ofd
DATED this d
aC day of
GRANTEE: CITY OF TUKWILA
Mayor
STATE OF WASHINGTON
County of King
IA t ata6ex
ss.
2006.
On this i a�. qk day of V1 2006, before me, the
undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Steven M. Mullet and Jane Cantu,
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.
So—no- A. A- Vnh
int name
NOTARY PUBLIC in and for the
State of Washington, residing at
Se' t Le_
COVENANT AND HOLD HARMLESS AGREEMENT 5 ensitive Area Page 5 of 2
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lots 28 -29 of Block 2 of the Unrecorded MC MICKEN HEIGHTS DIV
1
POR Beginning At The NW Corner of Lot 29 Thence S 200 FT Thence S
89 DEG 21 MIN 31 SEC E 140 FT Thence N 00 DEG 14 MIN 13 SEC E
153.08 FT to Northerly Line of Lot 28 Thence Northwesterly 148.34 FT
to Beginning
COVENANT AND HOLD HARMLESS AGREEMENT S ensitive Area Page (p of 2
EXHIBIT B
DEPICTION OF SENSITIVE AREAS
COVENANT AND HOLD HARMLESS AGREEMENT 5 ensitive Area Page 7 of 1