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Home My WebLink About2005 - Sensitive Area Covenant and Hold Harmless Agreement - McClung Stephen / McClung Debra - 20050210001491Retum to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 XC. (a L 1111111111111111111 200501 \I I TUKUILP CITY 0 NOSH 25.00 PROE001 OF KING e CO U 0 0 7 NTYl Above this line reserved for Recorder's use HOLD HARMLESS SENSITIVE AREA Grantor /Borrower: Stephen M Mc Clunq Debra L Mc Clunq Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): 004 z,ct c King County Lot Line Adjustment No. 685022 recorded on July 19, 1985. Section/Township /Range: NW 15 23 04 Assessor's Tax Parcel Number(s): 7340600923 Property Legal Description (abbreviated): 60 Riverside Interurban TRSW ''A, part of Tract 60. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page i of- ENT° MPft 2 8 1005 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Stephen M Mc Clunq and Debra L Mc Clunq, individuals, "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, employees, agents, and assigns for any loss, or damage to people or property either on or COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page a- of 't= 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 Grantors 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 5 of DATED this f 5 day of 4 .4 i 200 GRANTOR(s): GRANTOR(s): qA GRANTOR(s): individual(s) STATE OF WASHINGTON COUNTY OF KING On this day of 6 c--<otbc! 200`1, before me a Notary Public in and for the State of Washington, personally app pared S4eOhc fin./ ^ice GlurL>i JW2✓eZ L and to me known to be the incividual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individual(s), for the uses and purposes mentioned in this instrument, and on oath stated that he /she /they was /were authorized to execute said instrument. IN WITNESS WHEREOF, I 1 ere nto set my,hand and official seal the day and year :aboy written, cm' cy .t (seal) SS. ':Name: Cn Cfr NOTARY PUBLIC, in and for the State of Washington, §esiding at ECG:? T My commission expires: 9 dkao Page A oft DATED this day of rU pct 4.14:40J 20 E GRA CITY OF TUKWILA w.. fAV)v ATTEST: STATE OF WASHINGTON County of King s FT •rl F: 5 N ce P UBLIC o =i i A ,rr�TF S 01 /API 14 �P WASN Mayor City Clerk ss. On this .J day of Nev 20 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissio -d and sworn, pers ally a.pe. ed ,x L .L known to me to be the Mayor and ity 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. NOTARY PUBLIC in and for the State of Washington, residing at and COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 3 of EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 60 Riverside Interurban TRSW 'h, measured along the north line, of FOLG S 100 feet of North 217.65 feet of E 166.54 feet of W 196.54 feet of Tract 60 TGW S 40 feet of N 257.65 feet of E 165.89 feet of W 195.89 feet of said Tract 60 per King County Lot Line Adjustment No. 685022 approved July 19, 1985. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page lo i fs s a ern °,aLN.>a:ri :te a 'CM can, D.ornire c(D rose E- fl 5ra e—m }Sow ATP -1 Test Pit Location EXHIBIT B DEPICTION OF SENSITIVE AREAS Proposed Development Area Ground Slope Direction of i o 20 40 Scar in Feet Icicle Creek Engineers Explanation: Areas of Potential Geologic Instability' Class 1 Area lard 3 .r. ti e- -,s.s -9 -2-7s) N L Class 3 Area ixxr4 a 4 n a .^X._-<.Sc ya._-. -er n r`eanty -s eSJ.S'Y tI a SC "w:C: race a4 -m Schematic Site Plan Figure 2 COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page T of 3-