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Home My WebLink About2005 - Sensitive Area Covenant and Hold Harmless Agreement - Do Kevin - 20051031000490Return Address: Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement Parties: Other: 152304 -9014 CITY OF TUKWLLA Office of the City Clerk 6200 Southcenter Blvd. Tukwila. WA 98188 (206) 433 -1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Do Kevin Last First Initial Company Name (if business) 10621 56th Avenue South Address 20051031000490 Kevin Do 5 1 03 P IAGE001 OFK007 COV�{' DEC KINGt COUNTY LI'1t V aM Seattle WA 98178 City State Zip Legal Description: A Portion of the NE r of the SE'/ Sec. 15, T.23N., R.4E., W.M., King County, Washington Assessor's Property Tax ParcellAccount Number(s): WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: Kevin Do, an individual Grantee: City of Tukwila, a municipal corporation of King County, Washington Legal Description (Abbreviated): A Portion of the NE ''A of the SE ''A, 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: 152304 -9014 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Kevin Do, an individual, "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. L04 -048, and/or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by LIU Associates, Inc., dated July 5, 2005. 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 n ni ring 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. LN WIINESS WHERE said individuals have caused this instrument to be executed this LO day of A/ L- 2005. STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that loo an H&C y Do and is /ae the person) who appeared before me, and said individuals) acknowledged that he/shel-thay signed this instrument and acknowledged it to be his; -lie h€ir free and voluntary act for the uses and purposes mentioned in this instrument. Dated April 20, 2005 Authorized Signature Cc-. Wiz, Alice A. Deacy Notary Public in and for the State of Washington residing at Renton My appointment expires 6- /6- OF DATED this day of GRANTEE: CITY OF TUKWILA O Mayor ATTEST: 4'; 7 STATE OF WASHINGTON ss. County of King tL City Clerk i/ L/ e$2''(C 2005. day of 'Ceiii L_ 20GS A- before me, the in nd fortl}e Stile of 1 as gton, duly commissioned and sworn, �'VV(( /1/1.11 and la to me to be the Mayor and City Clerk, respectively, of CITY OF 1 UKWILA, 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. On this 7 undersigned, a Notary Publi personally eared WITNESS my hand and official seal hereto affixed the day and year above written. {.t,Fi Bo owl 13a6' print nam NOTARY PUBLIC in and for the Stgte of LUJ: L a h hipgton, residing at EXHIBIT A LEGAL DESCRIPTION OF PROPERTY is Tr, -77.7.c,c:3-r,nN! 71-r; "CO THAT OTI:t2N OF THE SGUTHI 123.5 THF NORTH 495 Ft FT OF COVE:NV-74r LC": SEC 75, TOWNSHIP 2.3 NORTH, 4 'EAST, WM.. LYING EAST OF .7,cri;:7Y ROAD, DESCRIBEC' AS FOLLOWS; 8cf-.np,;;4G AT THF sCUPwEST CORNER OF TRACT OF FOSTONA GARDEN TRACTS CP/17 RF:•r.; ON TPE .FAST I f e7F THENCE CART ALONG THE TylUTHI LiN= PI% SAO TRArT 1 A DISTANCE CF 7 9 5 MagE 131 LESS, TO THE EAST LINE CR GOVERNMENT LOT SAID SECTION, THAT EkTING ALSO TI-IE WEST LINE Cr THE STEPHEN FOSTER OGNATION CLAIM Na TENCE CCUTH AI OP-JG SAIO NE 25 5 Fr THE W.T PARA! [FL WITH TH= i';OFITH SAID GOVERNMENT LOT 1, A OSTAXCE CF 4-i Fir MGRE CR LESS, TO THc c UNE or COUNTY ROAD; THE`IC: NORTH: ;Cr EAST ALONG EAST LINE OF SAID ROAD TO THIE PLACE OF B.FG;NNING: EXCEPT THF EAST ;2% r: TERH SITUATE IN THF CRY OF TUKWILA, CCU:CY OF KING, STATE OF WASHINGTON. EXHIBIT B DEPICTION OF SENSITIVE AREAS I. I r 1 aaii♦'� 11 J 1 .1 it 1