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Home My WebLink About2004 - Sensitive Area Covenant and Hold Harmless Agreement - Dreamcatcher Homes - 20040318000842WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: Dreamcatcher Homes, LLC Grantee: The City of Tukwila 20040318000842 South 132nd Place TUKUILR CITY 0 MXSC 25.00 03/1001 OF 007 ENT'D APP 02 2004 KING 11:37 KING COUNTY, WA Legal Description (Abbreviated): Portion of Tracts 59, 60 and 61, Riverside Interurban Tracts, a.k.a., a portion of the NW1 /4, 15- 23 -04. Full Legal Description is found on Exhibit `A' of this document. Assessor's Tax Parcel ID Numbers: 142260 -0090, 0100, 0110, 0120, 0130, 0150, and 0200. SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Dreamcatcher Homes, LLC, a Washington limited liability company, "Grantor), and the City of Tukwila, a Washington municipal corporation "Grantee RECITALS WIIEREAS, Grantor owns and has applied for necessary permits to develop certain real property (the "Property legally described in Exhibit A and plat map shown on Exhibit B. which are 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 C, 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, Grantor has performed geological reports and evaluations, prepared by Shannon and Wilson, Inc. dated May 25, 2000, Nelson- Couvrette Associates, Inc., dated 2000, and by Squier/HGI Associates, dated 1998 and subsequent geotechnical reports and evaluations. 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 and shown on Exhibit B, 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 %1 Cf day of '17;:e��rst'Sa. 2003. GRANTOR: Dreamcatcher Homes, LLC a Washingt ted liabili company By: Print Name: STATE OF WASHINGTON ss. COUNTY OF KING I certify I have know or have satisfactory evidence that Jihad kei ro ttz isfare the person® who appeared before me, and said person() acknowledged that he/she/they signed this instrument on oath stated that he /she they was /xeee authorized to execute the instrument and acknowledge as the President of the Dr2Gmcatcher /Mmes, LLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Decemb &r 31 a003. a. i c�SiO N J �1 'i Aliee A. Deasy c o NO TARY i Notary Public in and for the State of Washington i m i residing at Renf0;7 !rustic S My appointment expires 6 -/6; 04 i f 6 -16 0 4 �khDF WAS DATED this q day of GRANTEE: CITY OF TUKWI ",►s.Th ATTEST: Mayor STATE OF WASHINGTON ss. County of King On this day of undersigned, a Notary Public in and for JLL 20 before me, the th ta t�e,,R f gton, duly commissioned and sworn, ih Al and and persona}}ly appeared (�nP E. can 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. known to me to be the Mayor and City WITNESS my hand and official seal hereto affixed the day and year above written. prin[nzn:e NOTARY PUBLIC in and for the St7of W� a n, residing at EXHIBIT `A' LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION PARCEL k (PARCEL N0. 734060 -6929) PARCEL 8, CITY OF flJKWILA 80UNDARY UNE ADJUSTMENT' NUMBER 199 -0O25, RECOROED UNDER RECORDING NUMBERS 20000501000123 AND 2CC0 0501900015; BONG A PORTION OF TRACTS 59, 60 AND 61, RIVERSIDE INTERURBAN TRACTS, ACCORDING TO ME PLAT THEREOF RECORDED IN VOLUME 10 OF FLATS, PAGE 74, IN KING COUNT', WASHINGTON. PARCEL 8: (PARCEL NO. 734 060 -0942) THAT PORTION OF TRACT 61, RNu SIDE INTERURBAN 1RILTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON, LYING EASTERLY OF THE EASTERLY UNE OF PRIMARY STATE HIGHWAY NO. 1; EXCEPT THE EASTERLY 380 F E OF THAT PORTION THEREOF LYING NORTH OF THE NORTH UNE OF THE SOUTH 290.20 FEET OF SAID TRACT; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE SOUTH 290.20 FEET OF THE EAST 300.20 Ittl OF SAID TRACT 61. AND EXCEPT LOTS 1, 2, 3, 4, 5, 6, 7, 8, 14, 16, 17, 18, AND 19 OF CITY OF TUKWILA FINAL PLAT NO. L03 -008, UNDER KING COUNTY RECORDING NO. 20030529003335. EXHIBIT `B' PLAT MAP SHOWING AFFECTED PARCELS C EXHIBIT `C' DEPICTION OF SENSITIVE AREAS r, c C