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HomeMy WebLinkAbout2006 - Sensitive Area Covenant and Hold Harmless Agreement - Johal Karnail - 2006042100020620060421000206 14709 56th Avenue South Legal Description: Assessor's Property Tax Parcel/Account Number(s): 115720 -0170 CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 17818 NE 116 Street Address CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement Johal Karnail S. Last First Initial Redmond WA 98052 City State Zip A Portion of the NW Sec. 23, T.23N., R.4E., W.M., (a.k.a.) the West 300 feet of lot 17, Brookvale Garden Tracts, according to the Plat thereof recorded in volume 10 of plats, page 47, in King County, WA Except the North 93 feet of the East 130 feet of the West 270 feet of said Lot 17. WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: Kamail S. Johal, Gurpal Singh, Paramjit S. Chhokar, Kalwarn Singh, and Baljinder Singh, each as their separate estate Grantee: City of Tukwila, a municipal corporation of King County, Washington Legal Description (Abbreviated): A Portion of the NWl/, Sec. 23, T. 23 N., R. 4 E., WM., in King County, WA Full Legal Description is found on Exhibit `A' of this document. Assessor's Tax Parcel ID Number(s): 115720 -0170 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Karnali S. Johal, Gurpal Singh, Paramjit S. Chhokar, Kalwarn Singh, and Baljinder Singh, each as their 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 in Exhibit A, which is attached and incorporated by reference. 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 short subdivision 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 subdivision approval under permit no. L02 -036, and/or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by Pacific Testing Laboratories, dated October 7, 1996; LSI Adapt, Inc. dated January 13, 2003 and August 6, 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. hi 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 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. 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, sk�id individuals have caused this instrument to be executed this /3"rlay of 2005. STATE OF WASHINGTON) )ss. County of King Notary Public State of Washington JASMINE S MATHEW MY COMMISSION EXPIRES SEPTEMBER 20, 2008 Xfiditcyt Authorized Signature Authorized Signature I certify that I know or have satisfactory evidence that KA p a ,q L- S M t y J o H4-t__ and is /are the person(s) who appeared before me, and said individual(s) acknowledged that he /she /they signed this instrument and acknowledged it to be his/her /their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Ai, 4 r i3 for t ary Public in residing at My appointment expires Th e State of Washin J 'It/Y5 IN WITNE S WHE OF, said individuals have caused this instrument to be executed this /,S tay of 2005. STATE OF WASHINGTON) )ss. County of King Dated A /3 14�,/ s7Y2 Authorized Signature Authorized Signature I certify that I know or have satisfactory evidence that 4 L1Rf4L -S N is /are the person(s) who appeared before me, and said individual(s) acknowledged that he /she /they signed this instrument and acknowledged it to be his/her /their free and voluntary act for the uses and purposes mention d in this instrument. Notary Public" State of Washington JASMINE S MATHEW MY COMMISSION EXPIRES SEPTEMBER 20, 2008 C- 45/Y// 5 al,3-2/ Notary Public in and for thg State of Washington residing at J 1 %,4 My appointment expires (niri-e-7 <SAo24V IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this /J of M, 2005. STATE OF WASHINGTON) )ss. County of King Notary Public State of Washington JASMINE S MATHEW MY COMMISSION EXPIRES SEPTEMBER 20, 2008 Authorized Signature Authorized Signature otary Public in and for the siding at e y appointment expires /('Ljt6Jft a J 1 i I certify that I know or have satisfactory evidence that 91 S Aj is /are the person(s) who appeared before me, and said individual(s) acknowledged that he /she /they signed this instrument and acknowledged it to be his/her /their free and voluntary act for the uses and purposes mentioned in this ent. Dated I zv..y,,,44,7 /3} IN WITNISS WH OF, said individuals have caused this instrument to be executed this /g? ay of 2005. STATE OF WASHINGTON) )ss. County of King Authorized ignature Authorized Signature I certify that I know or have satisfactory G H evidence that tSA L'J {MD 1=. JLN is /are the person(s) who appeared before me, and said individual(s) acknowledged that he /she /they signed this instrument and acknowledged it to be his/her /their free and voluntary act for the uses and .urposes mentioned in th instrument. Dated Notary Public State of Washington JASMINE S MATHEW MY COMMISSION EXPIRES SEPTEMBER 20, 2008 d w gi OA Pub c in ate of W,0 ington GJ i11 for —et 1 Aft Notar residing at My appointment expires IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this ofI r 2005. STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that Ti pARA T S'nIQH C.4Hokfl/ and is/are the person(s) who appeared before me, and said individual(s) acknowledged that he /she /they signed this instrument and acknowledged it to be his/her /their free and voluntary act for the us d .0 .oses entioned in this r in n sts IN Dated A',''. 1 1 6. etS e W ary Pu.lic in for tb State of W hington rater /At 3, ding at c i -w i /yH My appointment expires 7 9.4,2,7_ at Notary Public State of Washington JASMINE S MATHEW MY COMMISSION EXPIRES SEPTEMBER 20, 2008 Auth rized Sign Authorized Signature i DATED this day of tet U 2 2005. ATTEST: GRANTEE: CITY OF TUKWILA M\ IV Mayor STATE OF WASHINGTON ss. County of King On this 15 day of he rd. 20 to before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, perso� a n pp eared ;L. en and 7 K C I 1 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 M1S §eal hereto cts iy F lo 8 Jt)TA Y s a v PL./BUG Z .gn affixed the day and year above written. ?that /1• Pda® print name par rr n Nit NOTARY PUBLIC in and for the St to of Washington, residing at \31.1 lath KA, kla EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE WEST 300 FEET OF LOT 17, BROOKVALE GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 47, IN KING COUNTY, WASHINGTON. EXCEPT THE NORTH 93 FEET OF THE EAST 130 FEET OF THE WEST 270 FEET OF SAID LOT 17. (ALSO KNOWN AS PARCEL 8, CITY OF' TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L2000 -022, RECORDED UNDER RECORDING NO. 20000625900003).