Loading...
HomeMy WebLinkAbout2005 - Sensitive Area Covenant and Hold Harmless Agreement - Chin Wally - 20050210001483City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 WHEN RECORDED, RETURN TO: Reference Number(s) of Related Document(s): Grantor: Wally Chin Grantee: The City of Tukwila Full Legal Description is found on Exhibit A of this document. Legal Description (Abbreviated): A Portion of the SW1 /4 of the NR' Sec. 26, T. 23 N., R. 4 E., Wi`4. Assessor's Tax Parcel ID Numbers: 885880 -0050 and 885880 -0055 20050210001483 16614 53rd Avenue South / 16628 53rd Avenue South TUKYIIii CIT 0 COV 24.00 02/10/2005 006 KING COUNTY, WA SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Wally Chin, 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, 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 a 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. BffD 28 ZOO WHEREAS, Grantor assumed this obligation in order to obtain said short subdivision approval under permit no. L2000 -74 and construction permit M102 -112 for the Property. WHEREAS, Grantor has performed a geological report, prepared by Spears Engineering Technical Services, dated October 18, 2000, and a peer review has been accomplished by Shannon Wilson, Inc., dated March 9, 2001. 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. Grantor will maintain continuous insurance coverage as required by the permit authorizing the development. 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. IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this day of DC- 2004. Authorized St_ ature Authorized Signature STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory- evidence that n- and 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] 0 6' D y c n 7 Notary Public and for the State of Washington residing at e My appointment expires /2 °-2G b7' DATED this day of er 2004. GRANTEE: CITY OF TUKWILA ATTEST: J ter-_• Y�`^�l Mayor City Clerk STATE OF WASHINGTON County of King ss. On this Y day of alint g_A 20 before me, the undersigned, a Notary Public in and for tJiq St e of W. s gton, duly commissioned and sworn, �t and personall appeared 1 C,an WITNESS my hand and,Q #aal seal hereto 1 o OTAA 9 PUB L\C' 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. affixed the day and year above written. print nzrr D f H 77 r NOTARY PUBLIC in and for the Sta of Washington, reAiding at EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOTS 3 AND 4, BLOCK 2, VALLEY VIEW HOMES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 56 OF PLATS, PAGE 81, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE RIGHT OF WAY OF 54TH AVENUE SO. VACATED ACCORDING TO ORDINANCE NUMBER 1236 DATED NOVEMBER 3, 1981, CITY OF TUKWILA, WHICH ABUTS LOTS 3 AND 4 IN BLOCK 2 OF VALLEY VIEW HOMES. 1 FiFF YGB3LL Y.. .,nom SP 182045- 8204130367 [ifi 1st 5_ 166TH =•f• .i o-• \5 EXHIBIT B DEPICTION OF SENSITIVE AREAS I 11 5,, T`