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Home My WebLink About2004 - Sensitive Area and Hold Harmless Agreement - Foster Ian / Foster Anita - 20040524000054 CITY OF TUKWILA City Clerk's Department 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 DocumentTitle(s): SENSITIVE AREA COV .NANT AND HARMLESS A GR.EENENT C D04- 069) City of Tukwila. Washington FOSTER IAN ANb ANITA Last Name First Name Company Name (if business) Address 20040524000054 Ian foster and Anita Foster 13602 42nd Avenue South TUKWILA COV 27.00 05/24//2004 06:45 KING COUNTY, WA ENT'D JUN 2 2 2004 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET 13602 42 AVE Sou Initials H OLD TUKWILA wR 9816 8 City State Zip LEGAL DE5CRIPTioN Lot f Or FOS1tRVIEW ESTRTE5 St4BDIVIS1oN L99 -OO16 Assessor's Property Tax Parcel /Account Number(s): 2612oo ooIc -oti WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): T Grantor: AN Fps; aa& 1/141-a_ 4 Grantee: The City of Tukwila Legal Description (Abbreviated): Full Legal Description is found on Exhibit A of this document. Assessor's Tax. Parcel ID Number: to 00/0 o�{ SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between J(�{l Fn.teir 01110 (?�ruC�y rem. a _p_EljAte individual(s), "Grantor), and the City of Tukwila, a Washinaton municipal corporation 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 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 subdivision plat approval, land use permits, and /or 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 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 2 bF 8 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. 3 STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that C. FOS e_r and �.n1 O. �IiO tQ u re_ t e person(s) who appeared before me, and said individual(s) ac, j..wledged tha lt?i. b.they signed this instrument and acknowledged it to be 41 free and voluntary act for the uses and purposes mentioned in this instrument Dated IRENE M. BALBUENA STATE OF WASHINGTON NOTARY—en PUBLIC MY COMMISSION EXPIRES 5 -01 04 REF. H:\FORMS\NOTARYI (12/97) wistryffiRp Nota ie nd fo the tat- of Washington residing at My appoin ent expires v5---OX) STATE OF WASHINGTON) )ss. County of King L r I certify that I know or have satisfactory evidence that C 1 0 and Car e person(s) who appeared before me, and said individual(s) as owledged thane /they signed this instrument and acknowledged it to be er /their free and voluntary act for the uses and purposes mentioned in this Dated instrumen d p le-PS IRENE M. BALBUENA STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 5 -01 -04 REF. H:\FORMS\NOTARYI (12/97) ubl d fnpthe St e of Washington esiding at iL/ Oft y appointment expire :)ebi0 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT I, FOSTERVIEW ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 194 OF PLATS, PAGES 62 THROUGH 65, RECORDS OF KING COUNTY, WASHINGTON G EXHIBIT B DEPICTION OF SENSITIVE AREAS 7 4Y'L DATED this day of Ait} 2( 2903: ayo GRANTEE CITY OF TUKWILA STATE OF WASHINGTON ss. County of King On this 0 day of tit the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M IAlli Le and known to me to be the Mayor and i rk, 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. 4J4 t 2 arbotcc Sf �o c on NOTARY PUBLIC in and for the State of Washington, residing at e e J•-Vm Y\ 20 (Y/ before me, C o vv■ vv C3 Q v' c 1c 0 c r•e s ?I— 0.6 Page of 8