HomeMy WebLinkAbout2005 - Sensitive Area Covenant and Hold Harmless Agreement - Singh Hardeep - 20051031000483Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Above this line reserved for Recorder's use
HOLD HARMLESS SENSITIVE AREA
Grantor /Borrower: Ig tc/N C7 N
Section/Township /Range: SW 26 -23 -04
Assessor's Tax Parcel Number(s) 812520 -0232
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area
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20051031000483
Hardeep Singh
17083 53rd Avenue South
30/31 2 10
005 107000Sp E DEC 1 2005
KING COUNiy lJQ
Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Document Reference Number(s):
Property Legal Description (abbreviated):
Lot 23, Sunrise View, according to the unrecorded plat thereof; EXCEPT the north 80 feet
Tying easterly of the west 190 feet; AND EXCEPT State Highway of Sunrise View,
unrecorded plat.
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SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between
1 ra �v �i (Corporation) (`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 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,
COVENANT AND HOLD HARMLESS AGREEMENT Sens=itive Area Page of
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.
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page of
DATED this 5 day of (lt( 2005
GRANTOR:
a limited liability corr oration
4' fl
Print Name:
Its: __._QULAJ G
/AI
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this /.67 day of lit 2005, before me a Notary Public in
and for the State of Washington, personally appeared
flavdeep 5; to me known to be the Oul%ier
of Nom es a limited liability corporation that
executed the foregoing instrument, and acknowledged it to be the free and
voluntary act of said corporation, for the uses and purposes mentioned in this
instrument, and on oath stated that he /sho was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
JGE A D eW itt
QK s1ON 9 I1 1 t i
o �OT�w y fi
U BCs 2
t
"4147•‘i..'?..!
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area
Name: Alice. A. Peaty
NOTARY PUBLIC, in and for the State of
Washington, residing at
Ren+on
My commission expires: 6-/6- 08
Page4 of 1
DATED thisay of
GRANTEE: CITY OF TUKWILA
Mayor
STATE OF WASHINGTON
County of King
On this day of
ss.
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, rso ally ap e red
-V and
,N _t j _/t_ known to me to be the
Mayor an! 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.
J
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area
20 1 J before me,
p n m= _y1._.'�
1 I Pp
NOTARY PUBLIC in and for the
State of W n;residing at
Cjy 1- Px bnt_
590
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 23, Sunrise View, according to the unrecorded plat thereof; EXCEPT the north 80 feet
lying easterly of the west 190 feet; AND EXCEPT State Highway of Sunrise View,
unrecorded plat.
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area
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EXHIBIT B
DEPICTION OF SENSITIVE AREAS
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COVENANT AND HOLD aAGREEMENT mm, Area
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Date: al 9005
SITE PLAN
Bergguist Engineering
Senices
For Honyll:ngn
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