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Home My WebLink About2005 - Sensitive Area Covenant and Hold Harmless Agreement - Jordans Western Woodcraft Inc - 20050210001480WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: Jordan's Western Woodcraft, Inc. Grantee: The City of Tukwila Legal Description (Abbreviated): Portion of Tract 22, Blk. 2, McMiken Heights Div. 1. a.k.a., a portion of the NW1 /4, 26- 23 -04. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Number: 537920 -0204 1111 111111 20050210001480 TUKUILA CITY 0 COY 24.00 02/10/ 12:16 KING COUNTY, UA SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Jordan's Western Woodcraft, Inc., a Washington 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. ENTD MAR 2 8 2005 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 a geological report, prepared by Zipper Zeman Associates, Inc., dated April 19, 2000 and a peer review has been accomplished by Shannon Wilson, Inc., dated March 9, 2001. WHEREAS, Grantor has provided Civil Engineering plans, prepared by American Engineering Corporation, dated September 11, 2001 and approved by the City of Tukwila, Public Works Department, on June 13, 2003. WHEREAS, the parties agree that this agreement constitutes an arms length, baraained- 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 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. DATED this s GRANTOR: Jordan's Western Woodcraft, Inc. a WashinQn corporation Bv: �n �C Vany/ TBFhy eAlee /7s Its: ?tom Print Name: n 9 r s s 1 /0 Lit r' OF STALL OF WASHINGTON day of G y Q_ 2004. ss. Ev e ge AJ3 L 4 C COUNTY OF Kli TG On this 3 day of Gt,tiv-_- 200`{ before me a Notary Public in and for the State of Washington, personally appeared T e.> t. 2. �/1/4-sJ to me known to be the qw 'to Nam of Co -roses s WW2- L- Inc a 5 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 /she was authorized to execute said instrument. IN WITNESS \VHEREOF, I have hereunto set my hand and official seal the day and year first above written. Name: LkaPit. ik NOTARY PUBLIC, in and for the State of Washington, residing at Glv. My commission expires: S- A-- Gf? DATED this 7 day of �L� 2004. GRANTEE: CITY OF TUKWILA g�til :rte. X41 a�1c.C_l se U Mayor ATTEST: County of King i City Clerk STATE OF WASHINGTON ss. On this -7 1'1\ day of J v\ 20 d `r before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally ,eared 5-re v e t. YY\ v \.AA\ k and J o v` c E C R. known to me to be the Mayor and City Clerk, re Lively, 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. Li L. NOTARY PUBLIC in and for the State of Washington, residing at 2 vN-I o %N LAM 5 1'\ vv■ 3 CEJ Wt‘r` 55 "on- e• Puss 3-Aft cb print name EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE EAST 75 kEET OF THE WEST 150 FEET OF THE NORTH 100 FEET OF THE FOLLOWING PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGY+INING AT THE WEST GUAR it} CORNER OF SECTION 26, TO-WNSHIP 23 NORTH, RANGE 4 EAST, WILL -N i c MERIDIAN, IN KING COUNTY, WASHINGTON THENCE ALONG THE TEST EWE OF SAX) SECTION, NORTH 014'l3' WEST 1,400 FEt.1; THENCE SQIJ fl4 8921'31' EAST 564 ItL I TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 0'1413' WEST 200 I- a- I, T-IENO SOUTH 8921'31' EAST 160 1-tti TO THE NORTHl1CST CORNER OF LOT 1, SILVER\4EW, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 138 OF PLATS, PAGE 81, IN KTh4G COUNTY, WASJINGTCN THEN ALONG THE 'JEST LJtE OF LOTS 1, 2 Mkt) 3, SILVERVEEW SOUTH 0'09'36' EAST 260 FEE 1; TIC NORTH 89'21'31' WEST 160 FEU I TO THE TRUE PLACE OF BEGINNING. BE NG IGNOhWN AS A PORTION OF TRACT 22. BLOCK 2, MC II_CXE N HEIGHTS DIVISION NUMBER 1, ACCORDWG TO THE UNRECORDED PLAT T'HIEREOF. EXHIBIT B DEPICTION OF SENSITIVE AREAS