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Home My WebLink About2004 - Sensitive Area Covenant and Hold Harmless Agreement - Phavong Bounson / Phavong Khampheng - 20040120000058Return Address: Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement Parties: 736060 -0531 CITY OF TUKWELA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Other: Phavong, Bounson Khampheng Last First Company Name (if business) 13601— 42 Ave. South Address City CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Tukwila, WA 98168 Assessor's Property Tax Parcel/Account Number(s): 20040120000058 CITY OF TUKUIL COY 25 00 PpGE003 OF 007 20 0401 2 01/20/2004 Y, Up 08:55 ENTD FEB 0 9 2004 KSNG COUNT State Zip Initial Legal Description: A Portion of the NE 'A of the SW' 'A Sec. 15, T.23N., R.4E., V.M., (a.k.a.) a portion of Tract `A' of Robbins View Tract Addition to Riverton, volume 17 of plats, page 90. in King Countv, WA WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: Bounson and Khampheng Phavong Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the NE1 /4 of the SW V4, 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: 736060 -0531 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Bounson and Khampheng Phavong, 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) 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 Ioss incurred as a result of any landslide or seismic activity, or soil disturbance. WHEREAS, Grantor assumed this obligation in order to obtain said construction permit No. D03 -200, issued on Oc.-6L IS 2eo3, for the Property. WHEREAS, Grantor has performed a geological report, prepared by Robert M. Pride, Inc., dated January 19, 2003. 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. DATED this day of 2003. GRANTEE: CITY OF TUKWILA ATTEST: cr tni Mayor &acc City Clerk STATE OF WASHINGTON County of King ss. On this 2S day of Oeithe, 20 03 before me, the undersigned, a Notary Public in and for the S ate of Washington, duly commissioned and sworn, personally, appeared /1/1. and F, ,a /7,#', ,v 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. Pm" nano l 14. hike/ e t _Qp o t �rtiR m NOTARY PUBLIC in and for the State of Washin ton, esi ing at y a p BUG f i F 07 ''4�1 WASHN -=t 1 IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this "day of c A t i 2003. uthorized Signature '1; Authorized Signature STATE OF WASHINGTON) C )ss. County of King I certify that T know or have satisfactory evidence that t�� AY\ P 0.v and 15 ,un .VM l\cjj3 r 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 9 ed' `2cti c Notary Public in and for the State -bf Washington residing at �f My appointment expires —1- 1a EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL A THE WEST 90.00 FEET OF THE EAST 170.00 FEET OF TRACT A OF ROBBINS VIEW TRACT ADDITION TO RIVERTON. ACCORDING TO PLAT RECORDED IN VOLUME i7 OF PLAT AT PAGE(S) 90, IN KING COUNTY, WASHINGTON: EXCEPT. THE SOUTH 310 FEET THEREOF. TOGETHER WITH EASTERLY HALF OF VACATED 40TH AVENUE SOUTH. PARCEL 8 A NON- EXCLUSIVE EASEMENT FOR ROAD PURPOSES OVER THE NORTH 50 FEET OF THE EAST BO FEET OF SAID TRACT A; EXHIBIT B DEPICTION OF SENSITIVE AREAS