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HomeMy WebLinkAbout2004 - Sensitive Area Covenant and Hold Harmless Agreement - Sara Development - 20040120000060Return Address: Parties: Other: 2613200150 20040120000060 CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement Last CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Sara Development, Inc. Company Name (if business) P. O. Box 5544 Address Kent, WA 98064 City Assessor's Property Tax ParceUAccount Number(s): ?9,91.21.3, ENID FEB ost000 PAGE001 OF 007 01/20/2004 TY BWAS First Initial State Zip Legal Description: A Portion of the SE Vt of the NE' Sec. 15, T.23N., R.4E., W.M., (a.k.a.) a portion of Tract 19, Fostoria Garden Tracts, volume 9 of plats, page 95, records of King County. WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: Sara Development, Inc. Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the SE '/4 of the NE 1 /4, 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: 261320 -0150 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Sara Development, Inc., "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) as depicted in Exhibit B, which is attached and incorporated by reference. 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. L01 -033, and/or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by Krazan Associates, Inc., dated February 20, 2001 and August9, 2001. A peer review was conducted by Shannon Wilson, Inc., dated July 25, 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 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. STATE OF WASHINGTON) )ss. County of King IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this,Q day of ©e i 2003. Authorize Signature utho zn ed Signature PAGE I certify that I know or have satisfactory evidence that Ge h z ad Ch a u h dry is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the Presi rle of Sara Develop me-rit Sys. a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated October 30, 2003 O ftLe. Afte c.<t Al i to 4. Deacy Notary Public in and for the State of Washington residing at Renton My appointment expires 6 6 -04- DATED this 46 day of GRANTEE: CITY OF TUKWILA Mayor ATTEST: 6. City Clerk c e 0- 0 2003. STATE OF WASHINGTON ss. County of King On this 25 day of NtVern OtA 20 O3 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, p onally appeared .6T"EVc A) M M u (LET and er U,ff eVE F. cL,gNW/ 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. '`eftT H ,e 'o,� }�a11/` N. e� 00u&&_- i, print name H. eokr s i's 00T4g s NOTARY PUBLIC in and for the co: Sta eof W_ashin �ton, cling at N�., jDUBLIG r l Ci •.5.9.0 /;:e. 11.41 °F WASft�� -r EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF TRACT 19, FOSTORIA GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 95, RECORDS OF KING COUNTY, WASHINGTON, LYING EASTERLY OF F.J. FOLKENDAHL ROAD (43 AVENUE SOUTH, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 241626). EXHIBIT B DEPICTION OF SENSITIVE AREAS in Fostoria Garden Tract