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Home My WebLink About2006 - Sensitive Area Covenant and Hold Harmless Agreement - Pederson Richard / Pedersen Donna - 20060421000207Return Address Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement Parties: Other: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 Legal Description: City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Pederson Richard S. Last First Initial P. O. Box 1518 20060421000207 CITY OF TUKWIL COV 37.00 PAGE00I OF 006 04/21/2006 09:39 KING COUNTY, WA CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET PW03 -106 D05 -341 E i Marysville WA 98270 City State Zip A Portion of Government Lot 1, Sec. 15, T.23N., R.4E., W.M., King County, Washington, described as follows: Lots 17 to 27, inclusive, Block 1; and Lots 1 to 7, inclusive, Block 2, Hellwig's Addition to Foster, according to unrecorded plat thereof. Assessor's Property Tax Parcel/Account Number(s): 322920 -0090, 0100, 0110, 0120, 0130, 0140, 0150, 0160, 0170, 0180, 0190, 0200, 0210, 0220, 0230, 0240, 0250, and 0260. WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: Richard S. Pedersen, an individual Grantee: The City of Tukwila, a municipal corporation of King County, Washington Legal Description (Abbreviated): A Portion of the NE1 /4 of the SE Sec.15, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Numbers: 322920 -0090, 0100, 0110, 0120, 0130, 0140, 0150, 0160, 0170, 0180, 0190, 0200, 0210, 0220, 0230, 0240, 0250, 0260 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Richard S. Pedersen and Donna M. Pedersen, husband and wife, "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 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 Planned Residential Development (PRD) approval under permit no. L04 -034, Lot Consolidation BLA approval under permit no. L04 -033, and/or construction permits for the Property. WHEREAS, Grantor has performed a Subsurface Exploration, Geologic Hazard and Geotechnical Engineering Report, prepared by Associated Earth Sciences, Inc., dated February 13, 1998 and revised November 13, 199825, 2001. A peer review has been accomplished by Shannon Wilson, Inc., dated August 9, 1999. 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 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. IN WITNESS WHEREOF, individuals have caused this instrument to be executed this S day of ,4? zoos dk' Authonzed Signature STATE OF WASHINGTON) )ss. County of King 9 0 1 4 Authorized Signature I certify that I know or have satisfactory evidence that R chard S. Pedersen, and is /afe the person O who appeared before me, and said individuals) acknowledged that he /she/they-signed this instrument and acknowledged it to be his/her /thPir free and voluntary act for the uses and purposes mentioned in this instrument. Dated Ausu5 3. 2005 aeek., a A /ice A. Deacy Notary Public in and forte State of Washington residing at Renton My appointment expires b 0 R DATED this 9 day of Lv1-444 l9 GRANTEE: CITY OF TUKWILA crn Mayor ATTEST: STATE OF WASHINGTON ss. County of King On this `9 n day of 20 ea before me, the undersigned, a Notary Publi i and for thee tate of Washin on, duly commissioned and sworn, personally appeared 1 MU.Q /G7 and 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 iact4 t kcial seal hereto affixed the day and year above written. 011 !i 4 4, o print name NOTARY PUBLIC in and for the St t e of Was on, residing at EXHIBIT A LEGAL DESCRIPTION FOSTER RIDGE SIX LOT BOUNDARY LINE ADJUSTMENT; A PORTION OF GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: LOTS 17 TO 27, INCLUSIVE, BLOCK 1 AND LOTS 1 TO 7, INCLUSIVE, .BLOCK 2, HELLWIG'S ADDITION TO FOSTER, ACCORDING TO .UNRECORDED PLAT THEREOF.